Accused City Grill Killer's Mental Capacity is Questioned

October 18, 2010 Updated Oct 18, 2010 at 6:27 PM EDT

By Ginger Geoffery

October 18, 2010 Updated Oct 18, 2010 at 6:27 PM EDT

Buffalo, NY (WKBW) - The mental capacity of the accused City Grill killer is called into question in court on Monday. Ricardo McCray's lawyer is prepared to argue that comments his client made to police should not be admissible at trial because McCray may not have understood his legal right to remain silent at the time of his arrest.

McCray is charged with four counts of murder and four counts of attempted murder in connection with the August 14th shooting spree outside the City Grill restaurant on Main Street in downtown Buffalo. Police arrested McCray several days after the shooting. It's not clear what McCray may have said to police but a judge has scheduled a hearing for December sixth to hear arguments on the matter.

"The question at the Huntley hearing will be whether Mr. McCray has the capacity to understand Miranda warnings," defense attorney Earl Key told the judge, "And, if he in fact voluntarily waved those rights."

Another matter to be decided through pre-trial proceedings is whether Key, McCray's attorney, has a conflict of interest because he previously represented a witness who's expected to testify for the prosecution in the City Grill case. The judge will address that possible conflict at a hearing next month.

Both the prosecution and the defense say they want to keep the pre-trial proceedings moving along so the trial itself can start as scheduled in March.