Central KY prosecutors recused from a high-profile murder case. The reason why is unclear
The prosecution of a 2022 Madison County home invasion that left a former state lawmaker’s daughter dead will now be led by special state prosecutors after the local commonwealth’s attorneys recused themselves.
Shannon Gilday, 25, faces charges of murder, assault, three counts of attempted murder, burglary and criminal mischief for the home invasion. He’s accused of killing Jordan Morgan, a 32-year-old lawyer and daughter of former state lawmaker C. Wesley Morgan, while she was asleep in her bed.
David Smith, the elected Commonwealth’s Attorney for the county, and Jennifer Smith, the prosecutor from the office overseeing the case, both recused themselves earlier this month, according to court documents. David Smith and Jennifer Smith are married.
Court documents do not say why they stepped aside.
David Smith told the Herald-Leader there were several reasons for the recusal, which came after discussions between him and Wesley Morgan.
“As far as to why, you would have to ask him about that,” Smith said.
Morgan declined to comment.
The couple is replaced by special prosecutors Todd Willard and Barbara Whaley from the Kentucky Attorney General’s Office. Willard is a former prosecutor in Fayette County. Whaley prosecuted the state’s case against Brett Hankison, the ex-Louisville Metro Police officer charged in connection with the controversial March 2020 shooting that left Breonna Taylor dead.
Kevin Grout, a spokesperson for Attorney General Russell Coleman’s office, confirmed their involvement Wednesday afternoon.
The change came just weeks before a crucial court hearing regarding Gilday’s mental health that could determine if he could receive the death penalty.
Morgan’s family has said they want capital punishment to be on the table, an option introduced by Jennifer Smith early in Gilday’s case.
The new prosecutors will file a motion to request an extension for Monday’s hearing, according to Mica Sims, a friend of Jordan Morgan and her parents.
“The family is happy with the new lawyers and are in support of the motion,” Sims said in an emailed statement to the Herald-Leader. “They understand that the new lawyers need time to get up to speed on the case. They are all on the same page moving forward.”
The shooting and home invasion occurred Feb. 22, 2022. Officials say Gilday broke into the multi-million dollar home of Wesley Morgan on Willis Branch Road in Richmond, shot and killed Jordan Morgan, and exchanged shots with Wesley Morgan. Wesley Morgan was treated at the hospital for his injuries.
After the shooting, Gilday drove away and made it to Florida, according to court records. He put a Georgia license plate on his car, which broke down near Atlanta. He then abandoned the vehicle and traveled back to Kentucky, where a sheriff’s deputy found him walking in Madison County six days after the shooting.
Several weeks later, Gilday admitted to the crime, saying he was attempting to get to a bunker underneath the home and was willing to kill everyone inside, Kentucky State Police detective Cameron Allen said. Gilday had done extensive research on the bunker, taking notes about the home, the family’s sleep schedules and directions from his apartment in Northern Kentucky.
Since his arrest, Gilday has undergone three psychological evaluations by doctors, two of which concluded he had schizoaffective disorder. The third doctor said he needed additional information before a specific diagnosis, but agreed that Gilday has “a psychotic disorder,” according to court documents.
All three doctors agreed that Gilday was showing symptoms of paranoia, hallucinations and delusions, which subsided when he was treated with anti-psychotic medication while in custody.
Because of these diagnoses, Gilday’s lawyer filed a motion to remove the death penalty as a sentencing option.
