During the preliminary hearing, witness Raymond Tucker testified that while walking along Vogdes Street, he heard Mosley yelling inside the open doorway and saw him stomp the victim two to three times.
When he ran up the stairs and pushed Mosley away from the fallen man, Tucker said, Mosley responded, "You need to mind your business. It doesn't concern you."
Tucker said he responded that Ely was older and, "you don't get no stripes" for attacking him.
Tucker said he called 9-1-1 and watched Mosley run toward Baltimore Avenue, but cops quickly caught up to him and made an arrest.
Before dying at a hospice center from blunt-impact head trauma, Ely shuffled between the hospital and a nursing home while being treated for repeated bouts of fever, infection and pneumonia brought on by the initial beating, Assistant District Attorney Jan McDermott said.
"His medical condition prior to the 1st of April was that he was able to walk, talk, take care of himself. And after that, his life steadily declined," she said. "The causation is directly linked to the incident involving the defendant."
Defense attorney Gerald Stein argued that the charges should be dropped because the prosecution could not connect the death to the beating because of "intervening factors." He also noted that Ely died only after his family told doctors not to resuscitate him.
Mosley was wanted on as many as 10 warrants at the time of his arrest, McDermott said.
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