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Home > Blogs > Dayton Courts: Legal and crime news > Archives > 2010 > April > 19 > Entry
Dalcapone Alpaccino Morris murder trial starts
DAYTON — Dalcapone Alpaccino Morris robbed and killed a Clayton man during a drug ripoff because of his own avarice, an assistant Montgomery County prosecutor told a jury Monday, April 19.
“Greed and power at all cost,” said assistant Montgomery County prosecutor Lynda Dodd during her opening statement. “That’s what brings us here.”
But defense attorney Nicholas G. Gounaris said that the evidence would show that another man, Michael D. Guy, was responsible for what happened.
Morris’ trial before common pleas court Judge Mary Katherine Huffman started Monday, April 19 and will continue Tuesday.
Morris, 21, and Guy, 20, were indicted on charges of murder, aggravated burglary, aggravated robbery and felonious assault in the June 2 slaying of Richard A. Pogue Jr., of Clayton. Pogue, 22, died at 1369 Kingsley Ave. in what police called a drug-related robbery attempt.
Guy pleaded guilty Nov. 19 to two counts of felonious assault. He is still awaiting sentencing, but Gounaris told the jury that Guy would receive a 12-year sentence in exchange for his testimony.
Guy and Morris wanted to purchase marijuana, so they went to Pogue, who then called Javon Buckman, who lived at the Kingsley Avenue residence. Guy, Morris and Pogue went there, but Morris and Guy quickly forced Pogue and Buckman to get on the ground. While they were lying face down, Morris and Guy went through their pockets, Dodd said.
But while Buckman did not resist, Pogue began to and was shot, “gunned down in the back, close range, at the age of 22,” Dodd said.
Morris and Guy fled. Pogue also ran out of the residence and continued about five houses down the street before he collapsed and died on the sidewalk, Dodd said.
Morris’ blood was found on Buckman’s shirt, Dodd said.
“It is tragic, but it is not complicated,” Dodd said.
But Gounaris told the jury that Guy and Buckman would testify, and while Guy would testify that Morris was the aggressor, Buckman would testify that Guy was the aggressor. Morris did not know that Guy planned to rob Buckman and did not help him, Gounaris said.
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