Testimony details shooting death of Lehighton man
The York man charged with killing Kyle Hagenbuch of Lehighton had charges held for court after a preliminary hearing Friday.
York City Police filed charges of criminal homicide, carrying a firearm without a license and marijuana possession last month against Dasean Damont Morris. He was arrested Aug. 18 after a traffic stop on an unrelated matter.
Magisterial District Judge Linda Williams set a date of Oct. 20 for the formal arraignment in the York County Court of Common Pleas.
The hearings were held via Zoom. Morris remains in York County Prison after being denied bail on the homicide charge. He said little except to answer questions from his attorney Sandra Thompson.
Hagenbuch was shot outside in the area of 900 E. Clarke Ave. on July 31. He died Aug. 2 at WellSpan York Hospital. His death was ruled a homicide.
Testimony provided
A witness at the scene of the shooting and several York City Police personnel testified.
Juan Canales, a member of the motorcycle group the Thunderguards, said he was outside with others when a dark-colored vehicle was driving down the alley fast with two male occupants.
“It was coming down at least 25 mph,” he said.
Testimony by Canales and police personnel indicated there is no posted speed limit on the street. Canales said he was hit by the side passenger mirror of the car. The driver went 10 or 15 more feet then he fired by leaning out the driver’s side window, Canales said. He testified he saw the driver’s eyes and his dreadlock-style hair. He had a legally permitted gun and fired back, striking the Acura.
Shortly thereafter, he noticed Hagenbuch was wounded.
“Kyle was laying right in front of the clubhouse face down. All I saw was a pool of blood,” Canales said.
Thompson asked questions about the amount of light in the area, how Canales knew if it was two men and the gun. He said it was sunny, he believed the two people to be men and the gun appeared “nickel plated and shiny in color.”
Police officer Ryan Rhodes testified he responded to the scene for a shooting, originally called in as the 900 block of East Market Street. He went around to the rear of the street. He saw “multiple people” holding towels to Hagenbuch’s head.
Videos of scene
Police detective Clayton Glatfelter examined videos of the scene and others showing a car that would later match the description of the Acura. He said the car had distinctive markings, which included front and rear emblems, rims and a temporary license tag.
The car was located in the 800 block of Wayne Avenue days later with three bullet holes. It was registered to a woman who said she is Morris’ mother.
Detective Chuck Crumpton testified that an autopsy done on Hagenbuch had the wound to “the left side of his head near his left eye.”
He also reviewed video footage of the shooting and Morris in the car during the day at different locations before the shooting at night.
A search warrant for the vehicle turned up receipts for McDonald’s and Sneaker Villa in York City. A bullet was found in the trunk.
A passenger purchased something at Sneaker Villa while Morris used cash, Crumpton testified. They were seen on video.
Crumpton identified Morris as the man in the videos, although without dreadlocks.
A search warrant was obtained for the address provided on the registration. Morris’ mother provided a photo of him from her phone. Police found a loaded magazine containing 9 mm rounds, pants that Morris is alleged to have worn previously, marijuana, mail and “a black plastic bag containing black dreadlock-style hair,” Crumpton testified.
Morris was not there during the search.
Thompson asked Crumpton if police were able to determine if the hair was natural or synthetic. He said no. However, he said the hair was found “on the third floor in the drop ceiling.”
Thompson said the case against Morris is “highly, highly circumstantial.”
“There was no witness that identified him as the person who pulled the trigger,” she said.
Senior Deputy Prosecutor Teresa Jauregui said the evidence speaks for itself.
“This is not simply a case of a black man riding in a black car,” she said.
She reviewed Morris’ connection to the car and video footage.
“Mr. Morris was in complete control of that car. He was the one who was driving, and he was the one who pulled the trigger,” Jauregui said.
In the second case involving the gun and marijuana charges, York City Police officer Christopher Martin testified on the Aug. 18 encounter. After noticing a Toyota Corolla in the city with a Florida registration, driving fast, he tried to follow it, but lost sight of it. The vehicle was later found with Morris getting out of it. He could smell a faint smell of unburned marijuana.
He was later arrested, however, Martin testified Morris was not read his Miranda rights.
Police found a Glock 9 mm gun on Morris after he told them he had one.
“At any time did you read him his Miranda rights?” Thompson said.
“We didn’t question him,” Martin said.
Thompson replied that asking if he had anything on his person that could injure the officers was indeed asking him a question.