Zachariah Stanley Joe: Brett Micah Morgan — 1-3-2019

Suspect: Zachariah Stanley Joe

Victim: Brett Micah Morgan (referred to in court documents as B.M.M., year of birth 1986, an enrolled member of the Navajo tribe)

Charges: Open count of murder

Status: Guilty plea to second-degree murder, judge has deferred on acceptance of the plea

Date of incident: Jan. 3, 2019

Investigative agencies: Federal Bureau of Investigations, Navajo Nation Criminal Investigation Section

Location: Shiprock, San Juan County

Federal Magistrate case number:19-mj-00030

Federal District case number: 19-cr-03746

 

Summary

Zachariah Joe first attacked Brett Micah Morgan after visiting with him and another man at a house in Shiprock. After being tackled to the ground, he locked Morgan and the other man, only identified in court documents as B.M., out of the house. He then found a kitchen knife and stabbed Morgan 10 times in the chest and neck, killing him, according to court records.

Joe pleaded guilty on Oct. 31, 2019 to a single charge of second-degree murder, according to court records.

The plea deal states he will receive a sentence of 15 years. However, the U.S. Magistrate Judge in the case has deferred acceptance of the plea agreement until the final disposition hearing.

No more hearings have been set in the case.

The incident

Shiprock. Photo by Bowie Snodgrass/Flickr

On Jan. 3, 2019, Zachariah Stanley Joe, 28, showed up at a house where Brett Micah Morgan, 32, and another man, identified by the initials B.M., were hanging out. Joe had just been fired from Burger King in Shiprock, Federal Bureau of Investigations Agent Lance Roundy wrote in an affidavit for a criminal complaint for the arrest of Joe.

Roundy referred to Morgan in court documents initially as “B.M.M.,” then by “John Doe.” The other identifiers Roundy included were Morgan’s year of birth, 1986, and that he was a Navajo Nation tribal member, as is Joe.

Although Roundy only identified Morgan as “B.M.M.” in court documents, he was identified in his obituary in the Farmington Daily Times. In additional to the correct initials, his obituary states he was born in 1986 and he died on Jan. 3, 2019, all details that match with Roundy’s affidavit. The obituary has been archived here via the Internet Archive and here as a PDF.

Roundy wrote someone interviewed B.M., who said Joe had been texting with Morgan while Morgan and B.M. drank at a Shiprock house. During the evening, Joe texted Morgan that he left work, at Burger King, and wanted to come over.

When Joe showed up, he was drunk and upset about being fired, Roundy wrote.

“Joe continued his tirade about losing his job throughout the evening and at one point, JOE violently struck John Doe in the face with the back of his hand, sending John Doe back towards the wood burning stove,” Roundy wrote, citing the interview with B.M.

Joe tried to attack the prone victim but B.M. punched Joe several times in the head and wrestled him to the ground long enough for Morgan and B.M. to get of the house. Joe locked the door from the inside. Morgan and B.M. could hear him searching through kitchen drawers and cabinets in a “violent” manner, Roundy wrote.

“B.M. then became upset feeling that his home was being invaded, and subsequently ran to the known residence of JOE and broke a window,” Roundy wrote. “B.M. then returned to his residence approximately five minutes later and found John Doe on the ground just outside the door bleeding.”

Joe was standing over Morgan. At some point two other people, identified as “D.T.” and “V.B.” arrived and drove Morgan to the hospital. Navajo police then arrested B.M. for breaking Joe’s window.

Roundy wrote that the Office of the Medical Investigator found that Morgan suffered from 10 “puncture and/or laceration wounds.” He was pronounced dead at the Northern Navajo Medical Center.

Roundy wrote that someone interviewed D.T., who said that he arrived at the house with V.B. and saw Joe kicking Morgan on the ground, outside the house. D.T. got out of the car and pushed Joe back from Morgan, saw he was unresponsive and heard Joe say that Morgan “was stabbed.”

D.T. then kept Joe at a distance and tried to get Morgan to his feet but realized he was bleeding, put him in a car and drove him to the hospital, he wrote.

D.T., who also lived at the house, later realized a kitchen knife was missing from a drawer, Roundy wrote.

V.B. said during an interview that when she arrived with D.T., she did not notice anything in Joe’s hands.

In the plea deal, Joe attested that he initially hit Morgan. B.M. threw Joe down, but eventually Joe locked them out of the house.

“I located a knife in the residence and armed myself with it,” the plea deal states. “A short time later, I exited the residence and confronted John Doe. I started a fight with John Doe and I stabbed John Doe with the knife approximately 10 times in his chest, side and neck.”

In the plea, he admitted that his stabbing caused Morgan’s death.

“While I stabbed John Doe, he begged for me to stop, but I did not,” the plea deal states. “In doing so, I acted with callous and wanton disregard for human life.”

The U.S. Attorney’s Office for New Mexico only published a press release on the case after Joe pleaded guilty and did not publish one after he was arrested.

The Farmington Daily Times first broke the story on January 14, 2019. Joe was charged on Jan. 4.

Below is the affidavit for a criminal complaint filed by Roundy.

 

D.N.M._1_19-cr-03746-JB_1_0 - Zachariah Joe affidavit for CC

 

Plea and possible sentence

On Oct. 31, 2019, Joe pleaded guilty to second-degree murder, before he was indicted by a grand jury. He previously waived his right to a preliminary hearing, on Jan. 9.

U.S. Magistrate Judge Karen Molzen deferred acceptance of the plea agreement.

The case had been continued multiple times because the prosecution and Joe’s defense attorney, Melissa Morris, were trying to reach a plea in “pre-indictment negotiations,” according to the docket and an Aug. 16 motion to continue the grand jury presentment. The plea was also signed by federal prosecutor David Cowen.

The plea agreement states Joe will receive a sentence of 15 years, although U.S. Magistrate Judge Karen Molzen can decide how much, if any, time Joe should spend on supervised release after serving his sentence. She can also levy a fine.

According to the plea hearing minutes for the Oct. 31 hearing, Molzen deferred final acceptance of the the plea agreement until the “final disposition hearing.”

The plea agreement states Molzen can wait to accept or reject the plea until after a presentence report has been submitted.

No sentencing date has been set and Molzen ordered that a presentence report be created.

According to the plea, the possible maximum sentence for second-degree murder is life imprisonment.

The plea agreement states the 15-year sentence considers Joe’s acceptance of responsibility and that 15 years is the “appropriate disposition.”

In the plea agreement, Joe attested that he locked Morgan and B.M. out of the house, he found a knife and then confronted Morgan.

“I started a fight with John Doe and I stabbed John Doe with the knife approximately 10 times in his chest, side and neck. These stab wounds caused John Doe’s death. While I stabbed John Doe, he begged for me to stop, but I did not. In doing so, I acted with callous and wanton disregard for human life.”

Court documents give no indication of future court dates.

See all the documents on Google Drive or view the case and documents on Court Listener.