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SURFSIDE, Texas A man accused of murder at a massive party at Surfside Beach never should have been there.

A court ordered Deandre Marquis Gray Jr., 19, to wear an ankle monitor and obey a curfew after being accused of another murder in Harris County.

He never wore the device.

In fact, he never got it.

Harris County Judge Ruben Guerrero ordered Gray to wear the monitor.

Officials with the Harris County Adult Probation Department, which distributes the devices, said they did not get the order until recently.
It was too late.

Investigators say Gray had already shot and killed Derrick Milam at Surfside Beach on Easter weekend.

Brazoria County District Attorney Jeri Yenne said she was stunned when she found out Gray was not being tracked.

Yenne would not make any other comments about the ongoing case.

It s not clear why the Harris County Adult Probation Department never got the order.

KHOU 11 News attempted to reach Judge Guerrero at his office several times on Friday, but no one answered the phone.

The electronic monitor could have helped investigators determine where Gray was the night of the murder on Surfside Beach.

It might have also prevented him from leaving his home during a curfew, which was also part of his bond agreement.

One other big question centers on whether other defendants may be out on the streets without their court-ordered monitors.

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