Eric Holder‘s attorney is trying to get two of his charges dismissed after he appeared in a pretrial hearing in Los Angeles on Oct. 9.
Holder has been accused of shooting and killing the rapper Nipsey Hussle after having an argument in front of his Marathon Clothing Store in South L.A. earlier this year.
The alleged shooter was charged with one count of murder as well as two counts of attempted murder for shooting a man named Kerry Lathan and his nephew. And he was also charged with one count of possession of a firearm by a felon.
But Holder’s lawyer wants the two counts of attempted murder dropped. Because according to the USC Annenberg Media Center, his lawyer doesn’t think the attempted murder charges fit within the “Kill Zone” theory.
The theory is based on whether the shooter intended to kill the other people who were injured.
The type of weapon used matters as well, as does where the injured parties were in relation to the intended target. Plus, the amount of space between the shooter and his target matters, and whether the target was standing still or moving.
John McKinney, the Deputy District Attorney, says Holder’s case fits within the “Kill Zone” parameters and he believes his attorney is trying to have the two charges dropped to prolong the case. McKinney also said Holder waived his right to have a trial within 60 days after his indictment.
“Given the magnitude of the case, the complexities of the case, work his defense attorney needs to do, he knew it wasn’t in his best interest to try to go to trial right now,” stated McKinney.
Hussle was killed on March 31, which led to national mourning both inside and outside the hip-hop community. Holder was arrested for the shooting two days on April 2 and placed on $7 million bond. He’s pleaded not guilty to all the charges.