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By
D.C. Witness Staff
- October 26, 2018
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During a hearing, a DC Superior Court judge released a murder defendant after learning he was diagnosed with cancer.
Andre Gray is charged with second-degree murder for his alleged role in the death of 37-year-old Keisha Whitaker on the 1500 block of 18th Street, SE in September.
According to court documents, officers responded to 18th Street on reports of a car crash and found a car on fire and people trapped inside. Whitaker was in the passenger’s seat. Apparently, the car struck a tree.
During the investigation police learned the backseat passenger and the decedent smoked a “dipper,” a cigarette laced in PCP, and Gray, 56, picked them up in a green Subaru. According to the passenger, Gray was “acting weird and talking funny.” The passenger told police, that after passing by police cars Gray started speeding, mounted a curb and drove on the sidewalk.
Another witness told police that prior to crashing into a tree, the car sped around a corner and appeared to be on two wheels during the turn.
On Oct. 26,Judge Ronna Beck granted defense attorney Kevin Mosley’s request to continue the preliminary hearing. Mosley told the court he needed time to review new information, including his client’s toxicology report from the day of the murder.
Subsequently, Mosley argued in favor of his client’s release noting that Gray has prostate cancer and is scheduled to begin chemotherapy at the end of November. Furthermore, Mosley said it’s “difficult” for his client to receive treatment at a correctional facility.
The prosecution disputed Mosley’s claim and said the defendant can receive treatment in jail. The prosecution also argued that there hasn’t been a ruling on probable cause and therefore the defendant’s detention should be maintained until a preliminary hearing is held.
Judge Beck granted Gray’s release and said she wanted to be sure he received “proper treatment.” Per the terms of his release, Gray will be confined to his home unless he’s traveling in connection to medical treatment or court proceedings. Gray is not allowed to drive.
Gray is scheduled for a preliminary hearing on Dec. 14.