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Inmate challenges warrant used to search home

Gray contends police lied on affidavit, seeks to toss evidence

An inmate of the Blair County Prison has taken the unusual step of seeking federal review of the criminal charges against him by challenging the search warrant that was used to gather evidence from his home.

State, city and Logan Township police comprising the Blair County Drug Task Force were conducting surveillance on March 13, 2024, of an apartment on the 1100 block of Sixth Avenue in search of Jean-Taft Kelley Gray, 45.

Gray, according to the affidavit of probable cause in his case, drove a black motorcycle and officers concluded, based on “past narcotics investigations,” that he was in an apartment located within the Sixth Avenue address.

Police were seeking Gray pursuant to an active felony warrant through the Blair County Sheriff’s office on a charge of flight to avoid apprehension.

Assisted by an Altoona Police Department Tactical Response Team, the officers entered the apartment and took Gray into custody without incident.

Two females were also in the apartment and were detained.

One of the women was the subject of an arrest warrant, and, the affidavit stated, she was in possession of a small amount of methamphetamine and a hypodermic needle.

Police, using a search warrant, also found four handguns and a sawed-off shotgun, narcotics packaging material and amounts of Xylazine, cocaine, raw heroin, a variety of pills, digital scales and $3,836.

As a result of the search, Gray faces 22 charges, including possession of firearms prohibited, possession with intent to deliver, possession of controlled substances and conspiracy to use and possess drug paraphernalia.

He is in Blair County Prison awaiting a court review of his case.

Gray last week, representing himself, filed challenges to those charges in both the Blair County Court of Common Pleas and the U.S. District Court in Johnstown.

He not only seeks nominal bail, but wants review and suppression of the charges against him.

“These case’s (sic) are tainted with poison,” according to his petitions.

He contends the police lied on the affidavit that supported their search of his apartment, and therefore he contends the evidence gathered must be suppressed, meaning it can’t be used against him.

He maintains the affidavit contains false information and is upset that it did not contain the name of the alleged “tipster” who worked with police.

He contends that the tipster is the person who brought the sawed-off shotgun to his residence, noting that no DNA testing was performed on the weapon to determine if the alleged tipster had possessed the weapon.

Gray indicates police, in confiscating the weapons found in the apartment, violated his Second Amendment rights.

He inferred that the bar against felons possessing firearms is unconstitutional.

Gray also argues in his petitions that he was a victim of “police misconduct, an incomplete report, (filing of) a false affidavit, perjury, tampering with evidence, planting of evidence, theft of evidence, obstruction of justice and hindering the court system and justice system.”

The officer who prepared the affidavit of probable cause supporting the charges, however, took a different view of the case.

“While on the scene I read Jean Miranda warnings … Jean admitted that there were drugs in the residence, directed officers where to locate the drugs and admitted the sale of narcotics. On Jean’s person was a cellphone, which he admitted was his and admitted to using it to set up narcotic transactions.”

A criminal history check also showed Gray was a convicted felon — not to possess a firearm, according to arresting officer Justin Hollern of the Logan Township Police Department.

Gray’s Blair County case has been assigned to President Judge Wade A. Kagarise.

His federal petition has been referred to U.S. Magistrate Judge Patricia L. Dodge in Pittsburgh.

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