FRESNO COUNTY, Calif. (KSEE/KGP) – The 16-year-old girl charged with the death of 18-year-old Caleb Quick was back in the Fresno County Juvenile Court Wednesday.
Police say she drove the getaway car while her boyfriend shot Quick in a McDonald’s parking lot.
“There is no evidence that our client knew that a firearm was going to be involved,” her attorney, Jeff Hammerschmidt, told reporters Wednesday.
Earlier this month, a judge decided the 16-year-old boy will have to remain in juvenile custody throughout his hearings.
The 16-year-old girl, a defendant, was supposed to have a similar detention hearing on Wednesday, but her defense team pushed that decision until next week.
Hammerschmidt told the judge on Wednesday that he would like to move forward with a Prima Facie hearing first.
A Prima Facie hearing is for the prosecution to prove there’s enough evidence against the defendant to proceed with a trial.
The male defendant’s team waived that hearing earlier this month, conceding that there was enough evidence against him to go to trial.
The female defendant’s team was not so easily persuaded.
“A judge could review the evidence and think… ‘I would vote not guilty,’” Hammerschmidt said.
That hearing will take place on Monday. Hammerschmidt says they plan to enter an official ‘not guilty’ plea at that time.
“Our client has no prior criminal history. She doesn’t even have any behavioral issues at the school,” Hammerschmidt said.
He claims the police reports show no evidence of her knowing about her boyfriend’s gun when she drove him to the McDonald’s.
The defense team subpoenaed two of the investigating officers, and they will both testify at Monday’s hearing.
“Young people just blurt things out on social media and in text. And there’s all kinds of incriminating evidence in that… And there’s none of that here,” Hammerschmidt said, regarding his client’s text history.
He says a murder charge is too severe, so he will work to reduce her charge.
“A lesser charge in this case that could be charged is an accessory after the fact,” Hammerschmidt said. “I don’t think she should be charged with a murder and possession of a firearm.”
However, he says, if the judge decides to move forward with the murder hearings after his arguments on Monday, he will request a detention release so his client can live at home with her family.
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