Prewitt Man Receives 12-Month Prison Sentence for Federal DUI-Related Involuntary Manslaughter Conviction

U.S. Attorney’s Office, District of New Mexico
April 6, 2011

ALBUQUERQUE—Today in federal court in Albuquerque, Tommy Morgan, 29, was sentenced to a 12-month term of imprisonment to be followed by three years’ supervised release based on his involuntary manslaughter conviction. Morgan, an enrolled member of the Navajo Nation who resides in Prewitt, New Mexico, was ordered to surrender to the U.S. Bureau of Prisons within 60 days to begin serving his prison term.

United States Attorney Kenneth J. Gonzales said that Morgan was indicted on January 7, 2010 on an involuntary manslaughter charge. The indictment alleged that Morgan killed Harry Kiyadito, a 57-year-old Navajo man, while operating a motor vehicle under the influence of alcohol on November 4, 2006 on Bureau of Land Management land. Morgan made his initial appearance in federal court on January 19, 2010 and was released under pretrial supervision. Morgan pleaded guilty to the indictment on May 27, 2010 and was continued on release pending sentencing.

Court records reflect that Morgan began drinking alcohol at a relative’s home at approximately 11:30 p.m. on November 3, 2006, and continued drinking through the early morning hours of November 4, 2006. He continued drinking at a bar the morning of November 4, 2006. Morgan left the bar with five others and drove them around in his pickup truck. Three of his companions, including Mr. Kiyadito, were riding in the back of the truck. According to his companions, Morgan was driving very fast and recklessly. After dropping off the two men who were riding in the back of the truck with Mr. Kiyadito, Morgan continued driving and eventually ran the truck off a dirt road into a ditch. Morgan exited the truck and saw Mr. Kiyadito lying in a dirt near the back end of the truck—at the time, Mr. Kiyadito was still breathing and was groaning. Morgan lifted Mr. Kiyadito back into the truck and drove to a friend’s home, arriving at around 11:30 a.m. Morgan sought help for Mr. Kiyadito after claiming that he found Mr. Kiyadito laying on the side of the road. Later, Morgan admitted to law enforcement officers that he was responsible for Mr. Kiyadito’s death. Although Morgan’s blood alcohol content (BAC) was not tested until more than six-and-a-half hours after the accident, Morgan’s BAC was 0.11.

The case was prosecuted by Assistant United States Attorney Shana Pennington and was investigated by the Federal Bureau of Investigation.