WICHITA FALLS ( KFDX/KJTL ) — A former Wichita County deputy and WFPD officer is in jail to serve his sentence after his appeal of his conviction for sending an invasive video recording is denied by an appeals court in Amarillo.

Gerald “Tony” Morgan was found guilty by a jury in 78th District Court in September 2022 after a very short deliberation and sentenced to 180 days in state jail and a $5,000 fine.

He was charged with promoting a nude photo of his stepdaughter he found on her phone by emailing it to himself from her phone. The email account was linked to the WFISD, and because
of the content, the district got a notification of inappropriate material being sent through an email.

When the victim was confronted, she denied having sent any photos. Around a week later, Morgan admitted to sending the picture to himself through her phone.

The victim later filed an affidavit requesting the charge be dismissed , testifying she did so to avoid the embarrassment of testifying.

The conviction was appealed, and Morgan was granted an appeal bond. The 7th Court of Appeals denied the appeal, and on May 16, 2024, a mandate was filed by the 78th District Court certifying the affirmation of the judgment, ordering the defendant to pay all costs incurred, and officially closing the case.

The appeals court noted that when confronted with the email containing the nude photo, Morgan acknowledged emailing it and that “he was just not thinking” and did not then reveal a purpose in obtaining the photo and emailing it.

However, one of the defense arguments in the trial was that he was monitoring the victim’s phone not to invade her privacy but because she was engaged in inappropriate behavior.

His attorney argued Morgan did not mean to invade her privacy but that “she was invading her own privacy and intended to do so with that picture.”

The defense attorney further argued Morgan was looking at the phone to see if someone was selling her drugs.

The prosecutor argued that any alleged motive was irrelevant. The case is about Morgan transmitting the photo, not searching the phone, and whatever intent the victim had in taking the photo was also irrelevant.

The trial judge sustained the state’s objection to this evidence, and the defense noted its exception to the ruling.

The victim testified she did not intend for anyone to see the photo and never sent it to anyone.
The appeals court stated the crux of the case is whether Morgan sent the photo with the motive of invading her privacy.

The court ruled the trial court was right to exclude the argument over Morgan’s alleged intent and that the introduction of the victim’s possible behavioral issues was not relevant to the case.

This is a developing story. Stick with Texoma’s Homepage for updates as more information becomes available. All individuals charged with a crime are presumed innocent until proven guilty in a court of law.

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