Shannon Gilday appeared in court on Monday following the ruling to schedule further hearings.
He’s accused of breaking into the mansion of former representative Wesley Morgan and killing his 32-year-old daughter, Jordan, in 2022.
A status hearing for Gilday is scheduled in January, and a trial management conference in March before his trial begins in earnest.
Gilday’s legal team previously looked to remove the death penalty as an option on the grounds of mental illness, with doctors testifying he had been diagnosed with schizoaffective disorder.
But, a legal order ruled the punishment is still on the table because Gilday didn’t have a documented diagnosis at the time of the incident, and didn’t show a documented history of mental illness.
"The plain language of the statute requires that “at the time of the offense” the defendant has a “documented history, including a diagnosis” of a statutorily specified serious mental illness. The Court’s review of the record cannot discern any documented history and diagnosis of the behavioral health conditions enumerated in KRS 532.130 existing prior to the date of the alleged criminal conduct. Consequently, the defendant has not satisfied this statutory criterion and cannot sustain the burden to prove all criteria for the death penalty to be removed," the order reads.
Mica Nicole was a friend of Jordan Morgan and has been attending the proceedings. She says she’s been anxious for the trial to start.
“It will be four years, four years way too long, and it feels like finally we are getting some traction and ready to move forward, at least get this chapter behind us, so that we can start with some healing,” Nicole said.
Gilday is expected to appear in front of a jury on May 1. The trial is expected to continue through May 29.
