GROSSE POINTE WOODS (WWJ) – A Wayne County Circuit Court judge has declared a mistrial in the case of a man accused in a home invasion and sexual assault in Grosse Pointe Woods.
According to the Wayne County Prosecutor’s Office, Judge Kevin Cox made the ruling Wednesday due to the fact that the defendant, 28-year-old Gerald Duane Day, is “medically unavailable.”
Police say Day broke into a home at around 6:30 a.m. on April 15 — waking the 37-year-old female resident and her 4-year-old son. Holding her at gunpoint, police said, Day asked woman where her valuables were before raping her.
No details were released about Day’s illness. The new trial was scheduled for July 10.
Day is charged with home invasion, first degree; two counts of criminal sexual conduct, first degree (during felony and/or with weapon); criminal sexual conduct, second degree (during felony and/or with weapon; assault with intent to commit armed robbery; felon in possession of a weapon; and felony firearm.
Day is a two-time felon with past convictions for armed robbery and concealing stolen property. He faces the prospect of life in prison if convicted.