The two defendants in a murder trial were back in Nevada County Superior Court today. Scott Hollingshead and Christopher Nix are charged with laying in wait and brutally murdering Brian Spaulding in front of his Banner Mountain residence in April of 2014. Hollingshead and Nix were in court to enter pleas regarding the charges, however Hollingshead’s court appointed attorney Stephen Munkelt submitted a Demurrer, or motion to dismiss, special allegations attached to the murder 1 charge.
Munkelt clarifies why he filed the motion.
If the court agrees with the motion, then the special circumstances will be thrown out and the trial will proceed for murder 1.
Munkelt explains what the penalty the special circumstances carry.
Christopher Nix’s recently appointed attorney Michael Phillips orally joined with Munkelt on the motion.
Deputy District Attorney Jennifer Ow has several weeks to review and respond to the demurrer. A hearing has been set for October 21st to rule on the motion.