BERKELEY (KCBS) – The man accused of killing a Berkeley hills man outside his home Saturday night is scheduled to make an appearance in court Wednesday. Berkeley police acknowledge that they did not immediately roll out to the 911 call at the home of 67-year-old Peter Cukor because they were gearing up for an Occupy protest. That meant that they were only responding to criminal in-progress emergency calls.

According to the Chronicle, 13 minutes went by between the call and the time he was allegedly beaten to death by 23-year-old Daniel Jordan Dewitt.

City Councilwoman Susan Wengraf has asked for a time line from the city to pin down exactly what actually happened.

KCBS’ Janice Wright Reports:

“I want the times on the calls. I want the response times. I want to know whether our beat officer was out and around in the area,” said Wengraf.

Dewitt, whose parents said has been treated for mental illness, faces arraignment Wednesday. He does have a criminal record including a pending misdemeanor battery case last year. There is still no word on why he was in the Berkeley hills that night.

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