The case against an Anniston man charged with murder in a December shooting will go to a grand jury, according to court records filed on Thursday, while the man’s codefendant awaits his day in court.
Damien Cortez Curry, 23, was charged with murder after he turned himself in to police the day of the shooting. Earlier this month, police charged Demario Burnett, 19, with capital murder in connection with the shooting.
Burnett was also shot during the incident, police said and he drove himself to Regional Medical Center in Anniston after the shooting. Anniston police Sgt. Kyle Price said after Burnett’s arrest that Foster and Burnett rode together in a white pick-up truck to the convenience store on Front Street where the shooting took place. There they met Curry who drove separately.
Foster was shot inside his vehicle and at some point exited it, police said. Burnett then drove himself to the hospital in Foster’s vehicle.
Curry appeared in District Judge Chris McIntyre’s courtroom on Monday with his attorney, Gregory Cox. According to court records filed on Thursday, Cox waived his preliminary hearing and sent the case to a grand jury. Curry was freed on a $60,000 bond the day after he was charged.
Burnett was scheduled to appear in court Thursday for a preliminary hearing. Before the hearing, McIntyre said he requested that Burnett remain at the jail for security reasons.
“I’ll appoint an attorney and have the attorney meet him at the jail and we’ll see if they waive or ask for a preliminary hearing,” McIntyre said.
McIntyre had not filed any paperwork by the end of Thursday assigning an attorney to the case.
Burnett remained in the Calhoun County Jail on Thursday with bond set at $250,000.