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Home > Blogs > Dayton Courts: Legal and crime news > Archives > 2010 > May > 03
Monday, May 3, 2010
Dalcapone Morris sentenced to prison for murder, other charges
DAYTON — Dalcapone Alpaccino Morris, convicted of the robbery and slaying of a Clayton man, was sentenced Monday, May 3 to 35 years to life in prison.
“You played God that day and you must pay for your actions,” said Terri Clark, mother of Richard A. Pogue, Jr.. “Because of this, I am forever lost.”
Pogue, 22, died June 2 at 1369 Kingsley Ave. in what police called a drug-related robbery attempt.
After a four-day trial, a jury convicted Morris of all indicted charges on April 22. Morris, 21, and Michael Guy, 20, were indicted on charges of murder, aggravated burglary, aggravated robbery and felonious assault in connection with Pogue’s slaying.
“I don’t know where to begin, to be honest with you,” Montgomery County Common Pleas Judge Mary Katherine Huffman. “This was absolutely senseless.”
Huffman noted that Morris terrorized the people who lived at the Kingsley Avenue residence, and Morris’ hands had marks where two diamond rings were stripped from his hands. She also said Morris testified that he wanted drugs because he did not want to lose his customers.
“Your testimony demonstrated it’s not about anybody but you,” Huffman said.
Both Morris and his attorneys, Nicholas G. Gounaris and Richard Skelton, declined to make any statement before Huffman handed down the sentence.
Guy pleaded guilty to two counts of felonious assault Nov. 19 and was expected to testify against Morris, but prosecutors did not call him. Huffman sentenced him April 23 to 12 years in prison. That time is to be served consecutively to a 3-year sentence he started serving in November for a separate burglary conviction.
During the trial, Gounaris said the evidence would show that Guy was solely responsible for what happened.
According to county prosecutors Tracey Ballard Tangeman and Lynda Dodd, Guy and Morris wanted to purchase marijuana, so they went to Pogue, who then called Javon Buckman. The three went to Buckman’s Kingsley Avenue residence, 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.
But while Buckman did not resist, Pogue began to and was shot, “gunned down in the back, close range, at the age of 22,” assistant county prosecutor Lynda Dodd told the jury.
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.
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