Eye On Modesto

Thoughts and observations about Modesto and Stanislaus County

Judge Refuses to Bind Abbey Over for Murder and Manslaughter

By Emerson Drake

The announcement brought several audible gasps from the Rita Elias family since they believed they had heard enough evidence to bind Kari Abbey over for trial on both the Murder and Manslaughter charges.

Judge Cordova stated that since Kari Abbey had allowed Rita Eilas the chance to escape after giving her a severe beating and it was Rita who returned to the apartment saying she was going to get her gun, Kari Abbeys subsequent actions of shooting Rita Elias three times including once in the back is considered in his mind self-defense.

The judge failed to address D.A.Harris’ contention of self-defense not being allowed  despite saying it was Kari Abbey who started the tragic series of events.

Judge Cordova did bind Kari Abbey over for trial on count :

#3 Conspiracy to commit a crime

#4 embezzled property by a public or private officer

#5 Plant/Cultivation ect. Marijuana/Hashish

#7 Willful cruelty to a child possible injury or death

#6 Receiving stolen property was also denied.

The D.A. can re-present the murder and manslaughter charges to another judge in the future if he chooses.

The next hearing will be 1/23/12

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