ROCHESTER, N.Y. — A man accused of pistol-whipping and shooting a cab driver to death in Rochester appeared in Monroe County Court on Tuesday. David Porter, a three-time felon, appeared before a judge for a motions hearing.

Rochester Police say Porter got into a cab and repeatedly hit the driver, David Treese III, with a handgun while demanding money. RPD says Porter then shot the driver at a close range at least five times in the upper body and continued to pistol-whip him even after he was shot. According to RPD, the pistol-whipping continued until the cab was at Bay Street near Rhor Street, where Treese stumbled out of the driver’s seat and died on the sidewalk.

News10NBC was the only station at the hearing and spoke with the district attorney’s office and Porter’s defense attorney.

“The people affected have family members who are also affected, and that’s where we have to start with everything,” said Perry Duckles, First Assistant District Attorney for Monroe County.

Michael Schiano, Porter’s defense attorney, argued that his client was under the influence of drugs.

“It’s going to be our position he was under the influence of drugs at the time this all happened. It’s pretty clear from the video we saw that he was under the influence of both narcotic drugs and some other type of drugs I’m sure,” Schiano said.

According to RPD, Porter cannot legally have a handgun because of previous convictions. In addition, police had a warrant out for his arrest for criminal obstruction of breathing from a separate incident.

Treese’s family could not be in court on Tuesday, but the DA’s office has been in contact with them.

Porter faces charges of first-degree murder. A hearing is scheduled to address his statements to police on the night of the incident.