Jury finds Weigelt guilty of vehicular homicide
A Marshall County jury found Morgan Weigelt guilty of homicide by vehicle — reckless driving on Friday. Sentencing is scheduled for July 14.
Homicide by vehicle — reckless driving is considered a Class C felony and carries a maximum sentence of 10 years in prison and a $13,660 fine.
On May 20, 2023, Weigelt, 24, of Albion, was driving on Highway 330 when she rear-ended a tractor driven by 86-year-old Clarence Borton, ultimately resulting in Borton’s death. According to the law enforcement report, Weigelt was on her cell phone, searching for car parts while she was driving. The report stated Weigelt had 552 feet of distance with clear visibility to take evasive action to prevent a collision. However, there was no indication she activated her brakes, and the vehicle she drove came to a stop due to the damage caused from colliding with Borton’s tractor.
On Thursday, Weigelt testified that she was not on her phone while she was driving, as it was an unspoken rule in the family.
During the trial, which began on Tuesday, her attorney, Jacob Blackburn, filed a motion stating photographs of Borton after the accident were “highly unduly prejudicial” against Weigelt and did not advance the state’s case.
In another filed document, the defense also argued that witness Alan Borton, Clarence Borton’s son, played a primary role in the fatal accident. The argument was that the Bortons were mowing grass and after Clarence Borton turned his tractor onto Highway 330, Alan Borton drove a lawn mower up to the road, distracting Weigelt. The document states Weigelt avoided Alan Borton, and the accident occurred seconds afterward.
- SUBMITTED PHOTO — Emergency personnel respond to the May 2023 accident on Highway 330 at which Clarence Borton died after his tractor was hit by driver Morgan Weigelt. She was found guilty of vehicular homicide yesterday.
- Weigelt