EVERETT — David Morgan repeatedly shook his head Monday as a Snohomish County deputy prosecutor tried to convince jurors that all evidence points to the Lynnwood man’s guilt in the 2014 attack on his ex-wife.
Morgan, 56, is accused of pummeling Brenda Welch in the face and bludgeoning her in the head with a sharp gardening tool. Prosecutors also allege that the former Boeing electrical inspector splashed gasoline on Welch and lit her on fire.
Jurors began deliberations late Monday afternoon after two weeks of testimony.
Morgan has denied attacking his ex-wife. He told detectives that he was struck on the head twice after falling asleep in front of the television. He said he awoke to find Welch on fire in the dining room. He explained to Lynnwood detectives that he tried to put out the flames and then left the house, believing Welch was behind him.
“Mr. Morgan was traumatized as well,” his attorney, Sarah Silbovitz, said in closing arguments Monday. “The police and the state have rushed to judgement in this case.”
They never looked for another suspect, and the evidence doesn’t add up, she said.
Welch, 46, testified last week that she doesn’t remember Nov. 16, 2014, or how she ended up on the garage floor of the burning house. She had gone to pick up the couple’s 6-year-old daughter. She woke up at Harborview Medical Center in Seattle.
“Her body tells you what her words can’t,” Snohomish County deputy prosecutor Paul Stern said Monday.
She was found unconscious and gasping for air. She had burns to 20 percent of her body. Her blood was on Morgan’s left hand and his shirt sleeve. Her blood was spattered on the garage door. The three deep gashes to her head matched a gardener’s three-pronged cultivating tool detectives found just inside the front door of the house, Stern said.
She reeked of gasoline yet her boots and pants were free of soot.
“She didn’t have to travel through the fire. The fire came to her,” Stern said.
He charged Morgan with attempted first-degree murder, assault and arson. Morgan is accused of premeditating the attack.
Jurors heard that Morgan’s car was packed with family photographs, old income tax returns and keepsakes. They also heard that he’d dropped the couple’s daughter at his mother’s house even though Welch planned to pick her up. He also had removed the family pets the day before.
Silbovitz said there are explanations that don’t include a plot to kill his ex-wife. Morgan wasn’t feeling well, and his mother often baby sat. He also was instructed in the divorce to make copies of family photographs and tax documents to provide to Welch.
Fire investigators cannot say definitively that the blaze was intentionally set, she added. They couldn’t rule out arson, but they also admitted that there were some accidental means that could have caused the fire.
What happened to Welch is a tragedy, Silbovitz said.
“You’re job is to not let a second tragedy occur — not to convict an innocent man,” she told jurors.
Stern called the defense argument’s background static that ignores the facts and common sense. He told jurors that Morgan was in deep financial trouble, and he didn’t want to pay his ex-wife $1,500 a month in child support or hand over part of his pension.
“He was working for nothing,” Stern said.
He somehow enticed Welch into the house, and attacked her. He tried to end her life, Stern said. He had to make up a story, become the victim, when firefighters showed up just three minutes after a neighbor called 911 to report the fire, Stern said.
“Her body, her blood tells you this was an act of rage. This was an act of fury. They tell you it was (Morgan’s) act,” Stern said.
Diana Hefley: 425-339-3463; hefley@heraldnet.com. Twitter: @dianahefley.
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