(WKTV) - An Albany man accused of killing another man at the Olbiston Apartments has rejected a plea offer.
Dennis Mosley will take his chances at trial, even though his own attorney doesn't dispute he killed Allen Minor.
Instead, Donald Gerace is saying his client should not be held criminally responsible for the death of Minor -- in what prosecutors say was a drug robbery gone bad -- because he was suffering from a mental disease or deficit at the time of the March 2013 crime. In fact, Gerace says, there's documented history of the mental illness dating back to Mosley's teen years.
Gerace first tried to prove Mosley was incompetent to stand trial for the crime, but a judge ruled that he was competent after psychologists took the stand during a hearing and said Mosley was faking it in an attempt to manipulate the system.
No trial date has been set for Mosley. If a jury does find him not guilty by reason of mental disease or defect, he'd be placed in the custody of New York State Mental Health and placed in a secure psychiatric facility until doctors find him competent -- at which point he would be released.
His co-defendant, Kelly Marshall, pleaded guilty to the crime. She is service an 18 to 22-year to life sentence for Minor's stabbing.