Appeal filed in road rage murder case |

Appeal filed in road rage murder case

The appeal process for Timothy Brooks, convicted of the road rage killing of a man in Tahoe City, is ongoing.

Brooks, 27, was convicted in April of second degree murder for stabbing to death Robert Ash, 48, outside Syd’s Bagelry in Tahoe City in August 2005. Brooks was denied a retrial in June of this year and was sentenced in July by Placer County Superior Court Judge Robert McElhany.

Marcus Topel, Brooks’ attorney, filed an appeal in July and filed an opening brief in October, said Nathan Barankin, a public information officer for the California Attorney General’s Office.

The attorney general’s office handles all criminal appeals, Barankin said. The office is set to file its brief in response to the appeal later this month, he said.

“It is standard operating procedure,” said Placer County Deputy District Attorney Chris Cattran, who prosecuted the Brooks case. “They go through trial and then they appeal. An appeal is just part of the process.”

Topel did not return calls from the Sierra Sun Thursday.

Brooks is currently being held in a California Department of Corrections and Rehabilitation facility in Fairfield, Calif., Cattran said. He will not be moved from the facility and does not have the right to attend the appeal proceedings, Barankin said.

Judge Robert McElhany sentenced Brooks in July to serve at least 16 years and up to a maximum sentence of a life term. He must serve a minimum of 16 years before he is eligible for parole. If granted parole in 16 years, Brooks will be eligible for a parole term of from five years to life.

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