‘Everything changes.’ Fatal KY break-in suspect may face death penalty, life without parole

The man accused of killing 32-year-old Jordan Morgan while breaking into her family’s home could potentially face the death penalty or life without parole for charges of murder and attempted murder, among other counts he is charged with.

A notice of aggravating circumstances was sent last week to Shannon Gilday’s attorney, Tom Griffiths, from the Madison County Commonwealth Attorney’s office. The notice seeks enhanced penalties including life without parole, life without the possibility of parole after 25 years, and the death penalty. The notice was sent one day after Griffiths tried to enter a plea of guilty but mentally ill.

Gilday, 23, appeared Monday morning before Judge Cole Adams Maier where she entered a not guilty plea on his behalf. The newly-introduced notice from prosecutors barred Gilday or his attorney from entering into a plea of guilty but mentally ill.

The shooting happened on Feb. 22, when Gilday allegedly broke into a multi-million dollar home owned by former lawmaker C. Wesley Morgan on Willis Branch Road. He shot Jordan Morgan while she was asleep in her bed, according to court records and statements from C. Wesley Morgan. Gilday also exchanged shots with Morgan, injuring him and sending him to the hospital.

Investigators previously stated that Gilday had admitted to the crime. Gilday allegedly told investigators he was determined to get access to a bunker underneath the home and was willing to kill everyone inside.

Griffiths said the hearing on Thursday was the first opportunity for Gilday to take responsibility for the charges and that the guilty but mentally ill was appropriate. He said there was “no question” his client was mentally ill.

“(Gilday) feels terrible about what happened and what he did and knows there is no way he can make it right, but, one thing he can do is accept responsibility in court so that this is not hanging over everyone’s head,” Griffiths said previously.

He said in court on Monday the notice tied his hands.

“As I indicated when we were here last Thursday, it was our intent to enter a plea of guilty but mentally ill, since that time the commonwealth has filed a notice of aggravated circumstances, that does tie my hands as counsel somewhat because the notice does not specify death as a possible punishment,” he said.

“If the death penalty was a possible punishment in this case, then I would not be able to proceed with a plea of guilty but mentally ill as the court and commonwealth know the ADA standards have a requirement for cases to have a full defense team to be put together. Everything changes.”

Griffiths said if the court did not find the reading to allow death as a punishment, he would continue with the original plea. Because of ambiguity, he said, it made it difficult to know how to plead. Prosecutors rejected Griffiths’ attempt to enter a plea of guilty but mentally ill for Gilday last week.

Prosecutor: Mentally ill plea will require proof

Commonwealth’s Attorney Jennifer Smith said Griffiths’ position that the death penalty was the only thing keeping him from pleading guilty but mentally ill was “somewhat performative” rather than substantive.

“The law and procedure is clear,” she said. “There are three pleas available to a defendant at any time; guilty, not guilty, and guilty but mentally ill. However, the only plea of those three that he could not under any circumstances enter today is guilty but mentally ill. That is because the statute requires the court to make a finding before it would accept a plea of guilty but mentally ill that Mr. Gilday is in fact mentally ill.”

She said a mentally ill plea requires the defendant to prove that he is in fact mentally ill with evidence when the court does not agree with that plea.

Smith said if her office is able to prove Gilday committed a murder under aggravated circumstances, like committing a murder during a burglary, the aggravated punishments would apply.

Defense: ‘We have to take all sorts of additional steps’

Because of this, Griffiths agreed that he would not be able to move forward with the plea.

“I now have to go back, I have to put together a large defense team and we have to take all sorts of additional steps,” Griffiths said. “We are unable to enter a plea of guilty, but we are also not entering a plea of not guilty.”

Griffiths also indicated he would not accept discovery, which is evidence that the prosecutors provide to a defense attorneys. Griffiths said was open to scheduling for a hearing to discuss discovery at a later date.

Maier, the judge presiding over the case, said the commonwealth reserved the right to pursue the enhanced punishments, and that Gilday could not enter a plea at that time.

Maier said even if the notice of enhanced punishment had not been filed on Friday afternoon, she would not be able to accept a plea of mentally ill Monday based on case law and statute as it is written.

“That then takes us to what our options are here today,” Maier said. “I am saying that in part because I want to be clear. Criminal rules now say that if a defendant refuses to plead or if the court refuses to accept a certain plea then the court shall enter a plea of not guilty to the extent that this could be categorized as a refusal.”

At that point, Maier entered a plea of not guilty on Gilday’s behalf.

A pre-trial conference has been set for July 22 at 9 a.m.