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Published June 05, 2009 11:03 am - June 5, 2009

More mental evaluation ordered for accused in manslaughter


By BOB GIBBINS
Press Staff Writer

Further mental evaluation has been ordered for a Kansas City, Kan. man charged in Cherokee County with three counts of first-degree manslaughter.

Associate District Judge Mark Dobbins has put other proceedings against Anthony Whitney II, 30, on hold pending the outcome of his competency issues. Whitney is charged in connection with an Oct. 27, 2008 crash that killed Rudy Gourd, 52, and his two sons, Russell, 29, and Eli, 20. Oklahoma Highway Patrol troopers allege Whitney was driving under the influence of alcohol at the time of the crash.

A court order filed Wednesday states a competency evaluation done by Bill Willis Mental Health indicates a need for further evaluation at the Oklahoma Forensic Center is required. Court-appointed attorney Crystal Jackson has argued in documents she has filed that Whitney has a major brain injury and needs further medical treatment and rehabilitation.

Dobbins has set Whitney’s next court appearance June 24 at 9 a.m.

Whitney was ejected from his vehicle. He waived extradition to Oklahoma after being arrested on the manslaughter counts. Court records indicate his breath alcohol concentration was .26, more than three times the legal limit of .08 at the time of the crash with the Gourds.

Assistant District Attorney David Pierce is prosecuting the case.



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