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Tuesday, June 19, 2001

Intent disputed in murder trial


One brother alleged to kill another

By Marie McCain
The Cincinnati Enquirer

        The years of resentment and rivalry between Matthew Gray and his older brother, Daniel, came to a head Oct. 5.

        Prosecutors say the younger Mr. Gray, armed with a .38-caliber handgun and a plan to commit murder, went to his brother's Forest Park home and shot him in the back.

        Matthew Gray's trial on aggra vated murder and kidnapping charges got under way Monday before in Hamilton County Common Pleas Court Judge Steve Martin 's courtroom.

        Prosecutors contend Matthew Gray was enraged because his older brother sold family land without consulting him. He also suspected his older brother had sold a crane that belonged to him.

        The defense contends that Matthew Gray did not go to his brother's house to kill him, rather he only intended to talk with him.

        But at some point during their conversation, Daniel Gray told his younger brother to leave. The defense contends the older brother grabbed the younger brother and tried to force him outside.

        Matthew Gray drew his gun which, the defense said, he carried for protection, and attempted to scare his older brother away. However, a struggle ensued and the gun went off — once.

        The elder brother's girlfriend was in the home at the time and was dragged from the bedroom at gunpoint by the younger Gray and ordered to stay in a different part of the house, prosecutors say.

        She was able to flee the house and ran to a neighbor for help.

        The defense says the girlfriend was asked to leave the bedroom because the elder Gray was lying near the bedroom door.

        After shooting his brother, officials said, Matthew Gray turned himself in to District 4 police officers.

        Testimony is scheduled to continue today.

       



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