Published: September 23, 2008 04:28 pm         

Whitaker trial set to start Dec. 1

Man accused of killing cousin with shotgun

Edward Brian Whitaker, whose murder trial was delayed following the death of his attorney in July, will go to trial Dec. 1 in Laurel Circuit Court.

Whitaker, who is accused of shooting and killing his cousin, Benjamin Gilbert with a 20-gauge shotgun, was scheduled to go to trial Oct. 16 in Laurel Circuit Court.

Whitaker’s attorney, Robert Cato, passed away in July. During a pretrial hearing in August, Judge Roderick Messer asked Whitaker if he planned to hire an attorney or would seek court-appointed counsel. Whitaker said he was going to hire another attorney, prompting Messer to set the case for an additional pretrial hearing in September and ordering him to appear with his new attorney on that date.

Friday, Whitaker was in back in court with James Hodge to represent him. After conferring with the attorneys, Messer agreed to the new trial date.

Whitaker was arrested in November 2006 by Kentucky State Police Detective Mark Allen. Allen said Whitaker went to the front door of Gilbert’s home on Sally’s Branch Road armed with a single-shot 20-gauge shotgun. When Gilbert answered the door, Whitaker reportedly leveled the gun at his cousin and pulled the trigger, striking Gilbert in the torso. Gilbert was taken to the University of Kentucky Medical Center where he died later that evening.

Initially charged with first-degree assault, the charge against Whitaker was amended to murder when Gilbert died.

The case was initially set for trial on June 4, 2007. However, that date was

continued when then Assistant Commonwealth’s Attorney Franklin Stivers, who was prosecuting the case, made it known that he may not be available.

A second trial date was set for Oct. 1, 2007. That date was continued when Cato told the court he would not be available.

A trial date in April was set aside when an agreed-to order was filed by the attorneys. The order contained no reason for the continuation, only stating that the attorneys agreed to set aside the trial date and return to court in May for another pretrial hearing.

At a pretrial hearing in June, the Oct. 16 trial date was set.

Whitaker is being held in the Laurel County Detention Center without bond.

Commonwealth’s Attorney Jackie Steele said if Whitaker is convicted of murder, he faces 20 to 50 years or life in prison.