Morse denied new trial in 2020 slaying

Mar. 28—The hearing was brief and quick.

It took just under two hours for a Cumberland County jury to find Robert David Morse, 23, guilty of the Sept. 26, 2020, shooting death of his friend, Matthew Dylan Musser, 20, of Doris Dr.

It took Criminal Court Judge Gary McKenzie less than half that time to toss out defense attorney Michael Giaimo's motion for judgment of acquittal and for a new trial.

Giaimo and his lawyer sought a new trial stating in his motions the evidence did not support a finding of guilt, failed to prove pre-meditation, that certain testimony and photographs should not have been allowed and questioned whether Morse had properly been read his Miranda rights.

During the trial, TBI Special Agent Brandon Davenport interviewed Morse on the night of Sept. 26, 2020. Using Morse's statement, Davenport testified during Morse's two-day trial to the chain of events on that afternoon.

The message Morse, 22, received reported his girlfriend was being intimate with his best friend. He needed to come see for himself. In a scenario reminiscent of a Shakespearean tragedy, Morse had been hearing rumors his best friend, Matthew Dylan Musser, 20, 434 Doris Dr., was being intimate with his girlfriend.

Morse retrieved his blue Florida Gators backpack, placed his .45 caliber Taurus semi-automatic handgun inside, and got on his bicycle for the 20- to 25-minute ride from his mother's Jesse Loop home to Doris Dr.

During the 3 1/2-mile bike ride, Morse had time to think. He didn't want to believe what he perceived as betrayal from, not only his girlfriend, but his best friend. Still, the signs were there.

After arriving at Doris Dr., testimony from Morse's statement and from Davenport said Morse dropped the bicycle in the front yard, took his backpack inside and laid it on the hallway floor. He then went to confront his girlfriend.

In his statement, Morse said he was going to hit Musser with an object but could not find a suitable weapon in the house, so his next option was to pistol whip him. He retrieved his gun from the backpack and went to Musser's bedroom.

As he went to strike a sleeping Musser in the back of the head, Morse told the TBI agent, Musser raised up and attempted to knock the gun away. Morse stepped back and fired four shots.

In his own words, Morse related what happened next. Musser pulled back the comforter to reveal gunshot wounds to the chest. "I knew he was going to live and I shot more because I didn't want him to suffer."

Morse sat down on a couch that was beside the bed. He said he considered ending his own life, but then fired one more shot. That final shot was witnessed by a mutual friend who testified.

Morse — who is in the Tennessee Department of Corrections — opted not to attend the hearing.

As a result, the jury verdict of guilty of first-degree murder was upheld and now a decision is to be made on whether to appeal this month's ruling to a higher court.

In other cases on the docket, the following took place:

Arraignment

—Douglas Shane Ford, sexual exploitation of a minor, continued to June 21.

—Robert Clifford Rains, sexual exploitation of a minor, continued to June 21.

Deadline docket

—Matthew Shane Breeding, resisting a stop, arrest or search, second offense driving under the influence, per se, and simple possession, motion hearing set for April 5.

—Michael Ralph Daignault, second-degree murder and possession of less than .5 grams of fentanyl, continued to April 22.

—Tony Charles Davenport, first-degree murder, two counts of attempted first-degree murder and possession of a weapon by a convicted felon, trial date set for April 9 with possible motion hearing to be set.

—Mark Anthony Dawson, driving under the influence, per se, continued to May 3.

—Tanya Joy Dill, second offense driving under the influence, simple possession of marijuana and possession of drug paraphernalia, Joel Wyatt appointed to represent Dill and continued to April 22.

—Joseph Daniel Dunn, theft of property of $1,000 to $2,500, theft of a firearm up to $2,500, altering a serial number, driving on a suspended license and helmet and registration law violations, continued to April 22.

—James Marshall Evitt, two counts of residential and work restrictions, continued to April 5.

—Rebecca Lynn Gibson, aggravated burglary and theft of property of $2,500 to $10,000, continued to May 3.

—Diana Lynn Grosso, second-degree murder, motion hearing set for May 7.

—John Wayne Hamby, rape of a child, continued to April 5.

—Triston Robert Milke, aggravated assault, three years to serve. Domestic assault, continued to April 5.

—Bradley Ryan Miller, aggravated arson, continued to April 5.

—Ian Malcolm McFarlane Morin, burglary, theft of property of up to $1,000 and vandalism of $1,000 to $2,500, continued to May 3.

—Angela Marie Peck, possession of meth with intent, possession of a Schedule II drug with intent, possession of drug paraphernalia and driver's license violation, continued to May 3.

Michael Moser may be reached at [email protected]