Trial underway against Pottstown man accused of killing his ex-girlfriend’s boyfriend during custody exchange

Prosecutors call the shooting premeditated, but defense argues it was an act of self-defense
Kevin Morgan
Kevin Morgan Photo credit Montgomery County District Attorney's Office

NORRISTOWN, Pa. (KYW Newsradio) — A trial is underway in Montgomery County against a 35-year-old man accused of shooting and killing his ex-girlfriend’s boyfriend during a custody exchange last June in Pottstown. Prosecutors say it was a premeditated murder, but the defense argues it was an act of self-defense.

On June 27, 2023, Kevin Morgan’s ex-girlfriend, Kelsay Love-Sheller, pulled up in front of his home on May Street in Pottstown to pick up their 12-year-old daughter. Prosecutors said Morgan walked the girl to her mother’s car but became enraged when he opened the door.

She had brought her current boyfriend, 38-year-old Derek Mayo, with her, as well as the couple’s 2-year-old son.

As Love-Sheller drove off, Morgan followed them down the street. Mayo told her to pull over, prosecutors said. Then, Mayo got out of the car, unarmed, and Morgan shot him once in the chest, killing him.

Love-Sheller testified on Wednesday that she stopped the car because her son wasn’t in his car seat. That’s when Mayo got out and said to Morgan, “Is this what you want?” She was trying to put her son in his car seat when she heard the gunshot, she said.

However, Morgan’s defense attorney, John Han, said that’s only half the story. In 2012, Morgan was with friends in West Chester when one of them was gunned down, according to Han. Morgan cooperated with police and prosecutors and helped them get a murder conviction.

Han said Morgan needed witness protection and therefore kept his address secret. Mayo had ties to one of the men who was convicted in that shooting, so Han said Morgan was angry that Mayo now knew where he lived.

Both the defense and Love-Sheller said Morgan had previously told Love-Sheller not to bring Mayo to his home, but she said she had just gotten off work that day and planned to go straight to dinner with Mayo and her children.

According to Han, Mayo also sent Morgan threatening texts, calling him a rat and a snitch. Han said two months before the shooting, Mayo threatened Morgan, saying, “The next time I see you, it’s on sight.”

Han also noted that during the incident, Morgan was backing away but Mayo kept coming at him.

On Wednesday, prosecutors also showed video from inside Morgan’s home just before the shooting. They said it shows Morgan had changed his clothes minutes before Love-Sheller was scheduled to arrive to pick up their daughter. Morgan put on cargo pants and had a gun on his hip as he put on a jacket and a scarf, which a detective said was an attempt to conceal the weapon.

The prosecution wrapped up its case on Wednesday. The trial is expected to last all week, with Morgan expected to testify in his own defense.

Featured Image Photo Credit: Montgomery County District Attorney's Office