Morgart murder: Leftwich seeks to withdraw guilty plea

Dustin Leftwich is seeking to withdraw his guilty plea in the May 2012 murder of Brenna Morgart, contending his defense attorney “fear mongered” him into pleading guilty to avoid a death sentence.

Shawnee County District Court records show Leftwich, 22, acted as his own attorney Feb. 28 in filing a motion seeking permission “to withdraw his guilty plea and proceed to trial in this matter.”

Shawnee County District Judge Cheryl Kingfisher sentenced Leftwich to life in prison without the possibility of parole after he pleaded guilty in January 2013 to seven charges tied to the killing of Morgart, an 18-year-old recent Seaman High School graduate, and the striking with a car of an unidentified 14-year-old girl. Authorities said Morgart drowned when she was thrown into a creek after being hit by a car driven by Leftwich.

Leftwich potentially faced the death penalty before he pleaded guilty, taking capital punishment off the table.

Leftwich is an inmate in Lansing Correctional Facility’s central unit. His motion to withdraw his plea alleged he pleaded guilty only because prosecutorial misconduct and ineffective assistance of counsel by his defense attorney, Kathleen Ambrosio, overbore his will.

The motion said: “Defense counsel spent her entire time trying to instill fear into defendant that he will be put to death if he doesn’t plead guilty to the inflated charges that he is not guilty of. Defendant consistently told his defense attorney that he did not want to plead guilty, that he wanted to go to trial, but counsel continuously fear mongered him to take a plea.”

Leftwich filed a second motion Feb. 28 asking the court to stay for 90 days any further proceedings on his motion to withdraw his guilty plea. Leftwich indicated the move would give him time to continue his attempts — which so far have been unsuccessful — to acquire his case file from Ambrosio.

Shawnee County District Attorney Chad Taylor said Morgart was jogging the morning of May 25, 2012, in the 6900 block of N.W. Jennings Road when Leftwich struck her with a red 2001 Pontiac Grand Prix. He then forced her into the trunk, further injuring her.

Taylor said Leftwich drove Morgart to a creek four miles away in the 6600 block of N.W. Huxman, where he struck her with a tire iron and attempted to rape her.

Leftwich then dragged Morgart down a 25-foot embankment, Taylor said. He said Morgart was alive when she was thrown into the creek.

Leftwich pleaded guilty in January 2013 to the first-degree murder, aggravated kidnapping, aggravated battery, aggravated assault and attempted rape of Morgart, as well as to the aggravated battery committed previously of a 14-year-old girl.

Taylor said that girl was walking in the 6200 block of N.W. 70th on June 29, 2011, when Leftwich approached her driving a car at 20 mph. As the girl jumped off the road, she was struck on the shin by the car. The girl ran home through a field.

Leftwich also pleaded guilty to filing false information in a vehicle accident, with that charge being linked to his initial claims that he had hit a deer with his car.