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November 9, 2009

Accused in crash headed to court

By BOB GIBBINS



It will be next year before the case of a Kansas City, Kan., man charged with killing three Cherokee County residents in a car crash goes to trial.

Online court records show Anthony Joseph Whitney II is set on District Judge Darrell Shepherd’s Dec. 10 jury sounding docket. A trial date is expected to be scheduled at that time. Whitney, 31, is charged with three counts of first-degree manslaughter from a Oct. 27, 2008 crash north of Tahlequah that killed Rudy Gourd, 52, and his sons, Russell, 29, and Eli, 20. Whitney was allegedly driving under the influence of alcohol at the time of the crash.

Whitney was also seriously injured in the crash and remained hospitalized for some time.

Whitney, represented by court-appointed attorney Crystal Jackson, has waived his right to a speedy trial. He was formally charged with the manslaughter counts Dec. 22, 2008.

His competency was an issue earlier in the case and he was evaluated by staff at Bill Willis Mental Health and the Oklahoma Forensic Center. He later agreed with the report from that facility that he is competent to continue with his case.

Associate District Judge Mark Dobbins issued an order in August binding Whitney over for trial on the manslaughter counts.

Assistant District Attorney David Pierce is prosecuting the case.

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