Jury finds Morozko guilty on all charges

By CHANSE WATSON

Managing Editor

WALLACE — A Shoshone County jury deliberated for less than 30 minutes Thursday morning before finding 50-year-old Kurt Allen Morozko guilty of three counts of unlawfully discharging a weapon at an occupied building and two counts of possession of a controlled substance.

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

The trial began on Dec. 11 at the Shoshone County Courthouse in Wallace with jury selection.

The vast majority of the three-day trial was spent interviewing and cross-examining witnesses called by Shoshone County Prosecuting Attorney Keisha Oxendine and Deputy Prosecutor Benjamin Allen, who represented the state. The laundry list of 18 total witnesses included nine of Morozko’s neighbors and victims in Mullan, several law enforcement officials who worked the case, and lab technicians/experts who processed the evidence.

Morozko, who had dismissed his defense attorney on Nov. 26, represented himself and conducted his own cross-examinations during the trial.

Looking to first establish the defendant’s guilt in the unlawful discharge of a firearm charges, the prosecution spent much of the first day and part of the second day calling the Mullan residents to the stand.

In an effort to paint the jury a clear picture, Oxendine and Allen had each resident place a push-pin on a large map of Mullan to show where they each lived. This visual also showed how close each of these residents were to Morozko’s home.

One-after-another, the residents recounted the many random incidents where they heard gunshots coming from the direction of Morozko’s home.

“I was making my daughter a sandwich and we heard the shots, so we went to a different quadrant of the house,” one female witness stated.

Another female witness recalled having to retreat to her basement with her grandchildren, in fear of being hit by the seemingly random gunfire.

“As there were more and more shots, I stayed in my basement because I didn’t know where they were coming from other than to the north and west,” she explained to the courtroom. “Those shots would not stop and I told them (her grandchildren) they need to come in the basement with me because that shooting was not normal and I wanted to keep them safe.”

In cross-examination, Morozko attempted to cast doubt on the testimonies of the residents by questioning their recollection of events and wondering if they had ever seen him fire a gun before (i.e. catch him in the act).

“Did you ever contact law enforcement?,” he asked the woman who took shelter in her basement.

“Oh of course. Every time I heard gun shots,” she replied.

“When would that be? There’s no record of you calling?”

“Oh yes I did call, I called at least two or three times.”

“What were the dates that you called?”

“Oh, I don’t know. It’s been a year!”

“There’s no record, that’s why I’m asking.”

One exchange in particular with Morozko and this witness led to the woman blatantly calling him out.

“I don’t believe it was anyone but you,” she declared.

“You believe it was me?”

“I do believe it was you.”

“What are you basing that off of?”

“Because it was in the direction of your house to shoot down at the Mullan house and to shoot at the house above you.”

By the time all the residents had given their testimony and placed their pins on the map, it was clear that they all believed that the shots came from the direction of Morozko’s home at 502 Pine St.

The second day of the trial was mostly reserved for the testimony of law enforcement officials and experts. The prosecution tailored their questions to these individuals with goal of shoring up their points on the weapons charges and introducing their arguments on the drug charges.

Several members of the Shoshone County Sheriff’s Office were called to the stand, including Sheriff Mike Gunderson — who initially took Morozko into custody.

The prosecution asked the appropriate questions so as to establish each of their abilities, qualifications and their role in the case.

Morozko, getting heated at times, stuck to his strategy of attempting to find discrepancies in law enforcement’s version of events by questioning response/arrival times of units and jurisdiction.

Experts called by the prosecution in the later part of the second day included a lab technician and ballistics specialist from the state. Guided by Oxendine and Allen’s carefully asked questions, both experts presented testimony that supported their argument.

The lab technician was able to confirm that the substance found in Morozko’s home after his arrest was indeed an illegal “synthetic narcotic.” The ballistics specialist also confirmed that three bullets in particular that were recovered from one of the damaged buildings did match unfired bullets found in Morozko’s revolver (which was located in his home).

Morozko continued to try and cast doubt on the testimonies by questioning the expert’s abilities and attempting to find mistakes.

When the prosecution finally rested Thursday morning, the defense elected to not call any witnesses of their own.

On the final day, Dec. 13, both prosecution and the defense were given the opportunity to make their closing statements.

Representing the prosecution, Oxendine spoke for a little over 13 minutes and laid out the entirety of the state’s argument to the jury.

“In this particular case, you heard from nine residents who reside around 502 Pine St., the residence of Kurt Morozko. Nine of those residents took the stand and they talked about their fear in late November, through December, through January of 2018. They talked about on multiple days hearing shots fired. That they called the sheriff’s office on multiple occasions because they were concerned…”

Oxendine also made use of a projector to show police body camera footage (depicting Morozko acting erratically when deputies visited his home to ask if he had heard gun shots) and a photo of the weapon Morozko used.

She wrapped up by hitting on the illegal substances found and which laws Morozko broke.

Contrary to the prosecution, Morozko was brief in his closing argument.

“I won’t bore you with any speculation,” he said to the jury. “I think you’ve got more than enough information in this case, and the state did have an obligation and a burden and I feel that it fell way short, way short. Thank you.”

With the unanimous guilty verdict reached by the jury in just over 20 minutes, Judge Scott Wayman moved on to scheduling Morozko’s sentencing date for March 4, 2019, at 3 p.m.

Each of Morozko’s unlawful discharge of 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 seven years in prison and a $15,000 fine.

After the trial, Oxendine and Allen spoke with the News-Press and said that they agreed with the jury’s decision.

“The verdict in this case is consistent with the evidence,” they said. “We are pleased with the outcome and believe it serves to ensure that the public is protected. The acts of Kurt Morozko very easily could have resulted in the loss of a life and our office is grateful to Detective Jeff Lee, the Shoshone County Sheriff’s Office, and the assisting agencies for dedicating the resources needed to conduct a full investigation that resulted in the perpetrator being found before anyone was physically injured.”