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North Carolina fugitive charged with being a felon in possession of a gun

STAFF REPORTS

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that David Clyde Morgan, aka Uber Legend, 49, of Wilmington, North Carolina, was charged by criminal complaint with being a felon in possession of a firearm. The charge carries a maximum penalty of 10 years in prison, and a fine of $250,000.

Assistant U.S. Attorney Robert A. Marangola, who is handling the case, stated that according to the complaint, on July 18, 2018, Geneseo Police Officer Dylan DiPasquale was on routine patrol when he observed a white SUV on State Highway 63 commit various violations of the New York State Vehicle and Traffic Law.

The officer initiated a traffic stop and approached the vehicle, but could not see inside because of its dark tinted windows. As Officer DiPasquale approached, the defendant exited the vehicle through the driver's side door. The officer observed a black, sub-compact pistol in Morgan’s right hand and gave commands to the defendant who raised the handgun and pointed it at Officer DiPasquale. According to Officer DiPasquale, the defendant then went around the front of the vehicle, while a woman, who was outside the passenger side of the SUV, pointed what appeared to be a handgun at him. At this point, the officer fired one round from his service pistol. Moments later, a SUNY Geneseo Police Officer arrived and they observed the woman exiting a nearby cornfield, saying "I don't have a gun." The woman, identified as Sandra Nadine Brown, was then taken into custody.

On July 18 and 19, 2018, Sandra Nadine Brown was interviewed by investigators with the Livingston County Sheriff's Office. Brown told investigators that she had known David Clyde Morgan for about two years, and had been in a relationship with him for about six months. Brown also indicated that she was aware the defendant was on federal parole but did not know why. According to Brown, on July 11, 2018, the New Hanover County Sheriff's Office executed "a raid" on Morgan’s house in Wilmington, North Carolina and recovered three pounds of marijuana from the residence. According to Brown, she and Morgan decided to run from North Carolina adding that Morgan obtained a .22 black pistol in Myrtle Beach, South Carolina.

When they were pulled over by law enforcement in Geneseo, Brown told investigators that she and Morgan decided that Brown would point her cell phone at the officer and Morgan would point his handgun at the officer. Brown said their plan was to have law enforcement shoot at them and then run into the cornfield next to where they got pulled over. They would run through the field, meet up on the side of the road, and then go through the woods. While Brown was taken into custody, Morgan escaped.

In 2002, Morgan was convicted of conspiracy to possess with intent to distribute 50 grams or more of methamphetamine and sentenced to serve 211 months in prison. As a result of that federal felony conviction, the defendant is legally prohibited from possessing a firearm.

The complaint is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division; the U.S. Marshals Service, under the direction of Marshal Charles Salina; the Geneseo Police Department, under the direction of Chief Eric Osganian; and the Livingston County Sheriff’s Office, under the direction of Sheriff Thomas J. Dougherty.

The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.