CAPE MAY COURT HOUSE — Motions related to the cases of two of the three men charged with murder in the September 2011 death of Khalil Wallace will be heard in February.
Wallace, 19, of Woodbine, a former standout football player at Millville High School, was shot Sept. 20 last year in Woodbine, and his body was recovered weeks later on Oct. 6 in a quarry in Downe Township, Cumberland County.
Millville residents Andre Gross, 29, and Norman Gray, 26, both indicted on first-degree murder charges, made brief court appearances Thursday as attorneys in the case discussed the status of the discovery or evidence in the case and possible motions that would precede a trial.
A third man, Boris Curwen, pleaded guilty this month, admitting that he was one of the shooters that September day. Curwen, who has agreed to testify against the other men, said he, Gross and Gray were in a van with Wallace and that he and Gray fired their guns at Wallace.
Curwen told a judge that it was Gross who gave him the weapon used to shoot Wallace.
“He handed me the gun and told me if he moves, like if he tries to do anything, just pull it out on him and put something hot in him,” Curwen said on the day of his guilty plea.
The phrase, he said, meant “using the weapon to shoot.”
First Assistant Prosecutor Rob Johnson said he planned to file a motion to admit evidence of prior bad acts against the men at trial, and the defense for at least one of the men may file a motion to dismiss the indictment.
Attorneys said they were still collecting evidence such as grand jury transcripts and transcriptions of witness statements.
Curwen is scheduled to be sentenced Jan. 4. In exchange for pleading guilty to first-degree aggravated manslaughter, he will receive a 10-year prison term and he must serve 85 percent of that sentence before being eligible for parole.
Gross, Gray and a third man, Tyshawn Milledge, charged with hindering the apprehension of Gross, Gray and Curwen, will return to court on Feb. 11.
After the shooting, Gross was held at the Salem County jail in lieu of $1 million bail, while Gray was held in state prison for a parole violation in connection with a previous robbery conviction.
Milledge is not in custody.
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