Brooks defense team files motion for retrial | SierraSun.com

Brooks defense team files motion for retrial

Kara Fox
Sierra Sun

Attorneys for Timothy Brooks have requested a retrial or a lesser verdict for their client, who was convicted of second-degree murder for fatally stabbing Robert Ash last August in Tahoe City.

Brooks, 26, was convicted in April and could face 15 years to life in prison. However, defense attorney Marcus Topel filed a motion Thursday asking for a new trial or to modify the verdict to voluntary manslaughter, said Deputy District Attorney Christopher Cattran.

“It was not unexpected,” Cattran said. However, “this is typical defense posturing after a guilty verdict. We will file a written response.”

Topel was not available for comment Friday.

Placer County Judge Robert McElhany is scheduled to rule on the matter on June 12 at 1 p.m. in Auburn in Department 1. Brooks was scheduled to receive his sentence June 14 in Auburn, and that will go on as planned if McElhany dismisses the motion, Cattran said.

Topel had said after the verdict hearing April 19 that he was “stunned” and would file an appeal.

Brooks, who is currently in the Placer County Jail, was found guilty of second-degree murder and guilty of possessing a deadly weapon for stabbing Ash outside of Syd’s Bagelry in Tahoe City Aug. 17, 2005. Brooks and his wife, Susanne Brooks, followed Ash from Highway 89 into Tahoe City after Ash had cut the couple off on the highway.

A fight ensued between Brooks and Ash when Brooks stabbed the 48-year-old Newcastle developer in the abdomen. Ash died later that night at Washoe Medical Center in Reno.

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