Accused Mullan shooter pleads not guilty

WALLACE – Shoshone County’s Law Day on July 30 at the Shoshone County Courthouse featured 19 cases being presented before Judge Scott Wayman. Of those cases, 17 involved drug-related charges, one involved violent crimes, one involved property crimes, three involved probation violations, and one involved unlawful discharge of a weapon charges (several cases involved multiple types of charges).

Among these cases was the arraignment of 50-year old Kurt Allen Morozko, who is being charged with three counts of unlawfully discharging a weapon at a occupied building, one count of malicious injury to property, and two counts of possession of a controlled substance.

The charges against Morozko stem from his arrest on Jan. 11, 2018, where he was taken into custody following a traffic stop for allegedly firing guns into and at several homes in the Mullan area over the course of several weeks.

Law enforcement officials with the Shoshone County Sheriff’s Office and the Osburn Police Department initially planned to execute a search warrant on his home (believed to be where the shots were coming from) that day, then take him into custody following the discovery of evidence linking him to the shootings. Due to unforeseen circumstances though, that plan played out in reverse.

Prior to the search of his home, Sheriff Mike Gunderson conducted a traffic stop in Mullan, realized that it was the suspect and detained him. SCSO Undersheriff Holly Lindsey told the News-Press that Morozko exhibited “noncooperative behavior at first, but complied shortly after the contact.”

Morozko spoke very little during his appearance before the court on Monday, as his attorney Walter Angus Holliday entered his not guilty plea and later made a case for a reduction of his $500,00 bond and/or OR (own recognizance) release.

Holliday made an effort to humanize Morozko by giving a quick recap of his life, which includes a limited criminal history.

“Mr. Morozko is a 50 year old man. He’s retired. He’s a former and current business owner. He owned a radiator warehouse in Las Vegas for many, many years– employing about 5-10 people at any given time. He sold the business and came up to Idaho to retire. His adopted parents are both dead. He lived in Ohio for his first 18 years, moved out to California...and then moved to Las Vegas where he has lived for 20 years,” he stated.

“Significantly, he has...close to zero criminal history in his entire life. He has one minor charge in the 1980’s- a misdemeanor charge for possessing a weapon, which was brass knuckles, which he paid a $200 fine for. He’s not been so much as convicted of a traffic infraction in his 50 years, as far as I understand. His time in Idaho, he’s bought a house out in Mullan and lived there about two years. He has no alcoholism, no drug history, no mental health history.”

Holliday also mentioned that Morozko has spent almost seven months in jail since his arrest and has a home to maintain and can be with relatives if granted OR release or a bond reduction.

Regarding the drug charges, he also made sure to point out that the substance that Morozko was found with was only made illegal by the state in 2017 (the News-Press could not confirm what the substance was, but it is believed to a component in making bath salts).

Shoshone County Prosecutor Keisha Oxendine countered the few points Holliday made and brought up several of her own by highlighting the severity of the charges, his lack of ties to Idaho (and subsequent risk of flight) and his potential to commit more crimes.

“Well your honor, pursuant to the factors of Idaho criminal rule 46, the state would oppose any bond reduction or OR release of Mr. Morozko,” she said. “Before the court, at present, Mr. Morozko is charged with five serious felony counts as outlined by the court. We are not aware of any known employment in the State of Idaho. The nature and extent of his family relationships, we are not aware of any in the State of Idaho. His past and present residences, his NCIC and drivers license records that are in our possession show ties to Nevada and Arizona and he’s only been in Idaho for the last two years. His other ties have been outside the State of Idaho. The current charges are very serious. They are charges related to firing into multiple occupied dwellings on multiple different dates and occasions. He had a firearm on his person at the time of his traffic stop and subsequent warrant search. Although he is not disqualified from possessing firearms, it was that firearm that ultimately came back matching three of the bullets recovered from the multiple residences in this investigation.”

The fact that the ballistics test tied the bullets found in the homes to Morozko’s firearm led her to state confidently that the likelihood of his conviction at jury trial was great.

“The nature and gravity of the offense along with the lack of substantial ties to the State of Idaho indicate concerns for the state as to flight, as well as the likelihood of future criminal activity and risk to the public.”

Holliday attempted to retort by reminding the court just how high the bond was and that “we think seven months is more than enough time in jail” without being convicted of anything.

This plea was not enough to sway Judge Wayman though, as he decided to deny both an OR release and a reduction of bond. Wayman summarized the two sides points, but cited one of Oxendine’s in particular as a big factor in his decision.

“More importantly though, are the potential ties to the State of Idaho,” he said. “Because that’s the main purpose of bond is to make sure someone appears at all future court appearances. Here, I don’t find that Mr. Morozko has substantial ties to the State of Idaho, having lived most of his life out of state. He has his own property here and has lived here for a couple years. After reviewing the facts and circumstances of this case, listening to both sides, i’m going to decline to modify the bond- I will leave it in place.”

Each of Morozko’s unlawful discharge a weapon charges carries a maximum penalty of up to 15 years in prison and a $50,000 fine. His two controlled substance charges each carry a maximum penalty of up to 7 years in prison and a $15,000 fine.

Morozko’s jury trial has been set for December 11, 2018, at 9 a.m. and it is expect to last five days.