POTTSTOWN, Pa. (KYW Newsradio) — The fate of a Montgomery County man who shot and killed his ex-girlfriend’s boyfriend during a custody exchange is now in the hands of a jury, who has to decide if they believe the defendant, who says it was self-defense, or if they buy the prosecution’s argument that it was an “execution.”
Kevin Morgan, 35, admitted to shooting and killing 38-year-old Derek Mayo on June 27, 2023, in front of Morgan’s home on May Street in Pottstown. The incident unfolded when Morgan’s ex-girlfriend came to pick up their 12-year-old daughter.
Prosecutor Allison Ruth says Morgan was waiting for her to show up at his house and even changed his clothes to carry and conceal a handgun. She says Morgan “executed” Mayo, who was unarmed, after baiting him to get out of the car.
But Morgan’s lawyer John Han told jurors that prosecutors are only telling half the story. He says it all started back in 2012 when Morgan cooperated with investigators after his friend was gunned down in West Chester.
Han says Mayo was associated with the men who were convicted in that shooting and had threatened Morgan before, calling him a rat and a snitch, and saying he never should have been born.
Morgan says when he saw Mayo in his ex’s car outside his home, he became enraged.
The defense says it was because Morgan had told her never to bring Mayo, or any of those men, to his home.
Morgan and his wife testified Mayo was charging at them, reaching for his waistband, and saying, “Is this what you wanted?” when Morgan shot him.
But two other witnesses say the shooting happened as soon as Mayo stepped out of the car.
The jury will have to determine if Morgan is not guilty; if it was intentional and guilty of first- or third-degree murder, or if it was a mistaken belief of self-defense and voluntary manslaughter.