The high-powered attorneys for the out-of-control BMW driver accused of killing 4 Pepperdine College college students at the moment are urging a California choose to toss his homicide case – arguing the 23-year-old was “grossly overcharged.”
Fraser Bohm’s protection lawyer, Jacqueline Sparanga, filed a 55-page movement on Sept. 30, difficult particulars from an April listening to and pushing to dismiss the 4 homicide counts leveled in opposition to her shopper, in line with court docket paperwork obtained by The Publish.
Bohm was slapped with homicide and vehicular manslaughter prices for fatally mowing down Niamh Rolston, 20, Peyton Stewart, 21, Asha Weir, 21, and Deslyn Williams, 21, whereas doing over 100 mph in Malibu on Oct. 17, 2023.
“We imagine that the details that had been introduced on the preliminary listening to don’t set up homicide prices, so we’re asking the court docket to have a look at the details that had been introduced…and have a look at the legislation and make a willpower that the details don’t rise to the extent of homicide,” Sparanga mentioned in a cellphone interview Wednesday.
“We imagine he was very overcharged, grossly overcharged. We don’t imagine it is a homicide case. That is our first shot at getting the homicide prices dismissed.”
Bohm appeared at Van Nuys Courthouse on Wednesday, the place Sparanga knowledgeable Los Angeles County Superior Courtroom Choose Thomas Rubinson of the movement.
The movement, filed in Los Angeles County Superior Courtroom, claims that prosecutors are missing legally enough proof to again the second-degree homicide prices.
The submitting additionally blasts the prosecution for a “muddled presentation” that their concept of “implied malice” is “unsupported by reality and by legislation.”
Prosecutors mentioned the Malibu resident was allegedly dashing 104 mph on a notoriously harmful 45 mph stretch of the Pacific Coast Freeway when he misplaced management of his luxurious automotive and slammed into three parked vehicles, which then collided into the 4 Alpha Phi Sorority sisters strolling close by.
The victims, seniors on the liberal arts school, all died on the scene.
Two different individuals had been injured within the crash, which Bohm walked away from unscathed.
He was initially arrested and charged with gross vehicular manslaughter — prices that had been upgraded to 4 counts of homicide per week later.
He pleaded not responsible in August – and was flanked by hotshot LA protection lawyer Alan Jackson, who was contemporary off his June victory of getting Karen Learn acquitted of murders after she was accused of drunkenly mowing down her Boston cop boyfriend in 2022.
Final month, Jackson – who’s defended the likes of Harvey Weinstein and Kevin Spacey – pressed Rubinson to decrease Bohm’s bail from $4 million to $2 million, a request that was shot down.
Jackson, whom Bohm’s family members employed in June, claimed the household bought their house and “drained all their retirement” to pay for Bohm’s protection.
Bohm is anticipated to face trial and faces a number of life sentences, if convicted.
A listening to has been scheduled for Nov. 10.
