Judge Robert J. Perry denied a motion filed by Eric Holder, who is accused of murdering Nipsey Hussle. According to The Shade Room, Holder’s motion to dismiss related attempted murder charges in the case were denied in a Los Angeles courtroom on Thursday morning (Nov. 14).
View this post on Instagram
TSR STAFF: Christina C! @cdelafresh ___ #TSRExclusive: A judge has denied a motion by Eric Holder, the man accused of killing #NipseyHussle, to dismiss related attempted murder charges in the case. ___ It happened this morning at a Los Angeles courthouse where Holder’s lawyers argued the “kill zone theory” did not apply to the attempted murder charges related to the two other victims Holder allegedly shot and asked to dismiss those two charges in the case. ___ Judge Robert J. Perry sided with the prosecution on this one. “I’m unwilling to do that,” Perry said. The prosecution believes that Holder is in fact guilty of attempted murder because of that same “kill zone theory,” meaning he targeted one victim, but due to his mode of attack (two firearms in this case), he had intent to kill everyone in a particular zone, especially given that his initial target was not moving. ___ Following today’s hearing, Holder’s case will now move forward to trial in February. This story is developing.
Back in September, Holder’s defense attorney attempted to get two of his six charges dropped. The 29-year-old currently faces one count of murder, two counts of attempted murder, two counts of assault with a deadly weapon and one count of felony possession of a firearm. His lawyers motioned to have his two attempted murder counts dismissed.
However, the prosecution quickly moved for Holder’s request to be denied, citing the Kill Zone Theory. The theory is used to determine whether a defendant acted with the intent to kill their target.
The prosecution argued that Holder meets the six factors of the theory, including details surrounding the primary target, the type of weapon used, the distance between the shooter and the target, the proximity of other victims to the target, the enclosed area and whether or not the target was moving during the attack. Although allegedly only targeting one victim, the prosecution claimed that Holder’s choice of weapon—a firearm—suggested he had intended to kill multiple people.
When asked to dismiss the counts of attempted murder, Judge Perry told the defense, “I’m unwilling to do that.” The ruling means that Holder’s case will continue to move forward to his trial in February.
Holder previously plead not guilty to the six charges. He was initially represented by Christopher Darden, who was a lawyer in the 1995 O.J. Simpson trial. However, Darden removed himself from the case back in May, after allegedly receiving death threats.
If convicted, Holder faces a maximum sentence of life in prison. TMZ previously reported that he’s been kept in solitary confinement since his arrest this April.