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Special prosecutor in former Wichita County deputy's case focused on seeing justice served - Times Record News

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The special prosecutor handling the case of a former Wichita County deputy charged with invasive visual recording of a female said any such case is important to him.

Mike Fouts, a veteran West Texas district attorney, said he is limited as to what he can say since the case is still pending against Gerald Anthony "Tony" Morgan of Wichita Falls. 

But Fouts did say this Friday: "I'm going to do everything I can see to that justice is served."  

Morgan, 44, is accused of emailing an intimate photograph he obtained without the woman's consent in connection with an Oct. 31, 2019, incident, according to court documents. 

If convicted, he faces up to two years in a state jail.

Morgan's defense attorney, Michael Payne of Wichita Falls, did not respond to a request for comment Friday. 

Morgan is presumed innocent until proven guilty. 

More: Ex-deputy, once WFISD security officer, now charged with invasive visual recording

A pretrial conference set for July 31 in 78th District Court was canceled. Another hearing has been set for 9 a.m. Nov. 10. 

The COVID-19 pandemic is slowing court proceedings down generally, and nothing unusual is happening with the case at this point, said Fouts, who is the 39th District DA. 

The purpose of the Nov. 10 hearing is to tell the judge whether the case will be disposed of through a guilty plea or remain on the court's trial docket, according to court documents routinely filed in criminal cases.

Judge Meredith Kennedy ordered Fouts to make an offer for a plea bargain — if there is any — at least seven days before the Nov. 10 pretrial conference, according to the routine filings.

Kennedy ordered Morgan's attorney to convey the offer to him at least 24 hours before the hearing, according to court records. 

Morgan was free Monday from Clay County Jail on a $10,000 bond, according to online jail and court records. He was booked in there May 6 for the Wichita County charge. 

More: UPDATED: Ex-deputy charged with invasive visual recording of female's intimate area

Wichita County District Attorney John Gillespie has said he requested the appointment of a special prosecutor to avoid any appearance of impropriety since officials have long known Morgan.

Fouts' 39th District includes Haskell, Stonewall, Kent and Throckmorton ­counties. 

Morgan worked for local law enforcement agencies nearly 20 years altogether. 

His last position with the Wichita County Sheriff's Office was providing security at the Wichita County Courthouse. 

He was fired from the WCSO upon his indictment April 14, officials said. 

He began working for the WCSO in December 2014, according to his LinkedIn profile.

Morgan was also an officer with the Wichita Falls Police Department about 13 years from April 5,1999, to June 6, 2012, according to city officials. 

While a Wichita Falls police officer, Morgan was charged with two felonies and a misdemeanor in connection with an incident Dec.17, 2011, at the home he shared with his now second ex-wife, according to previous Times Record News reports.

More: Special prosecutor handling case against Morgan, former cop and ex-Wichita County deputy

The DA's Office dismissed the charges after about two years, and his appeal of his indefinite suspension from the WFPD was ultimately settled, city officials said. 

The settlement involved a $60,000 payment to Morgan from the city. 

Court records for the earlier cases are no longer available to the public. They were expunged from Morgan's record after their dismissal. 

Trish Choate, enterprise watchdog reporter for the Times Record News, covers education, courts, breaking news, politics and more. Contact Trish with news tips at tchoate@gannett.com. Her Twitter handle is @Trishapedia

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