Charge dropped in slaying of mother
Prosecutor suspends capital-murder charge against death-row inmate in slaying of Culpeper woman
BY DONNIE JOHNSTON
Date published: 6/5/2008
BY DONNIE JOHNSTON
A prosecutor yesterday dropped--at least for the time being--a capital-murder charge against death-row inmate Ricky Javon Gray in the slaying of a Culpeper mother of three.
Commonwealth's Attorney Gary Close cited problems with the evidence against Gray but said the investigation into Sheryl Embrey Warner's 2005 death is continuing.
"It's fourth down on the 20-yard line, and it's time for us to punt," Close told Circuit Judge John Cullen when making his motion to nol-pros the charge.
In a prepared statement, Close later added, "It's not the end of the game. It is merely a punt for better field position."
First indicted in late 2006, Gray was scheduled to go on trial Sept. 29. Warner, a 37-year-old legal secretary, was found hanging by an electrical cord in the basement of her home on U.S. 29 south of Culpeper on the night of Dec. 18, 2005. Her house was on fire when deputies arrived.
Close told the judge he had "an ethical duty" to pull back because the state could "no longer make a reasonable argument for success."
The commonwealth's attorney cited three areas where evidence was lacking:
DNA contained in a hair found at the scene did not match Gray's.
Cell-phone records uncovered by defense attorney Joe Flood placed Gray five hours away in Pennsylvania at the time of the crime.
Cullen ruled earlier this year that the hearsay testimony of Ashley Baskerville, allegedly told to a convicted felon in a jail cell, could not be used in Gray's trial.
Gray is on death row for killing Baskerville and her parents, as well as a couple and their two young daughters in Richmond two weeks after Warner was slain.
His nephew, Joseph Ray Dandridge, pleaded guilty to helping Gray kill Baskerville and her parents and was given a life sentence.
Gray is also a suspect in the death of his ex-wife in western Pennsylvania.
Close told the court that the Culpeper County Sheriff's Office is continuing its investigation into Warner's death and will be conducting interviews later this week. He did not say with whom.
"The case remains open, and I will continue to meet with the investigative team," Close said in his statement.
Flood joined Close in his motion to suspend the charge, telling the judge during the 15-minute hearing that the defense team "had strong reasons to believe from the beginning that Ricky Gray was innocent."
Warner's family left the court in tears.
"I just want to know the truth," Betty Embrey, Warner's mother, said after the hearing.
Donnie Johnston:
Email: djohnston@freelancestar.com
Date published: 6/5/2008
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