Modified: June 11, 2014 1:29pm
Erie County District Attorney Frank A. Sedita, III announces that Richard Morgan, formerly of 301 West Avenue, Buffalo, pleaded guilty to Attempted Burglary in the Second Degree before State Supreme Court Justice M. William Boller.
On September 2, 2005, Morgan entered the home of Garrett Ausfeldt at 811 Bird Avenue, in the City of Buffalo. In an effort to finance his drug habit, defendant stole a play station, a laptop computer, video games, DVDs, and Ausfeldt’s personal checks, which defendant subsequently forged and cashed for a few hundred dollars each. Morgan was arrested on September 27, 2005, at which time he gave a full confession.
Morgan twice required the People of the State of New York to prove his guilt beyond a reasonable doubt in a jury trial. However, by blaming his fate upon the prosecutor, the judge and his own attorney, he twice convinced an appellate court that his trial was unfair. Between the two appeals, Morgan complained that he was unlawfully searched; that the trial court improperly handled a jury note; that the trial court did not properly instruct the jury; that the jury was not properly sworn; that the evidence of his guilt was insufficient; that the prosecutor acted improperly during jury selection and/or summation; that his attorney was incompetent; that his sentence was unlawful; and that his sentence was too harsh. But, on Friday May 2, 2014, Morgan finally admitted his guilt by pleading guilty.
During his plea, Morgan also acknowledged that he was a persistent violent felony offender. This is not to say, however, that Morgan’s long and sordid criminal history is limited to violent felonies. To the contrary, defendant’s broad-spectrum approach to criminality has also led to convictions for larceny, burglary, trespass, possession of marijuana, possession of a forged instrument, and possession of stolen property, among other things. Morgan has been cultivating this robust, highly-diversified criminal portfolio for over the last three decades in four different states.
Morgan faces a maximum prison term of 25 years-to-life when sentenced by Justice Boller on May 30, 2014 at 9:30 a.m. The case was successfully prosecuted by Assistant District Attorney Paul J. Williams, III who is assigned to DA Sedita’s Felony Trial Bureau and Assistant District Attorney Matthew B. Powers, who is assigned to DA Sedita’s Appeals Bureau.