EL PASO, Texas -- An upgraded criminal charge has now been filed against northeast El Paso's representative on city council following his October arrest stemming from a domestic violence incident.
A grand jury returned an indictment against Morgan for felony aggravated assault with a deadly weapon. He was originally charged with assault causing bodily injury, which is a misdemeanor.
The indictment alleges that Morgan assaulted his wife Janet, who has filed for divorce since the Oct. 4 incident, and threatened her with a gun.
"Defendant did then and there intentionally or knowingly threaten Janet Morgan with imminent bodily injury and did then and there use or exhibit a deadly weapon during the commission of said assault, to-wit: a firearm," reads the indictment, a copy of which was obtained by ABC-7 on Friday.
"And it is further presented that the said defendant used and exhibited a deadly weapon, to wit: a firearm during the commission of and immediate flight from said offense," the indictment concludes.
A week following the incident, ABC-7 had reported that Morgan was armed with a handgun at the time of his arrest.
According to a police affidavit, Morgan had a handgun tucked into his waistband when officers took him into custody at his northeast El Paso home.
The document stated that when officers arrived, he and his wife were inside the upstairs bedroom. Officers said after several unsuccessful requests for Morgan to come out, his wife stepped out of the bedroom.
Officers said she was “terrified and crying hysterically.” Officers said she had redness and swelling to the left side of her face. Officers said according to Morgan’s wife, Morgan struck her with his right, open hand.
According to the affidavit, police tried to get Morgan to exit the bedroom when they heard the racking of an unknown type of firearm. Officers said Morgan eventually opened the bedroom door, and exited with a handgun tucked into the right side of his waistband. He was then placed under arrest.
As his fellow city council members have considered whether to oust him from his seat in the wake of the family violence allegations, Morgan has said he remains committed to serving the district that elected him.
"We’re all entitled to due process," Morgan said last month at a council gathering after prosecutors said they planned to pursue the charges against him. "No one knows what I’m going through. I love and support my family. I represent northeast El Paso, and will serve them until the end."