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Legal Victories For D-A In Murder Case

A man whose murder charge was recently dismissed by a Nevada County judge will remain in jail. A state appeals court has put the judge’s ruling on hold, pending the outcome of an appeal filed by the District Attorney’s Office. Finley Fultz was charged in the July 2014 shooting death of a marijuana grow caretaker, Isaac Zafft, during a robbery. He has been in jail since July 2016. District Attorney Cliff Newell is pleased that Superior Court Judge Tom Anderson waited for the appeals court to weigh in on the case and did not order Fultz to be release

click to listen to Cliff Newell

Newell does not know how long the appeals process will take. Two other suspects in the case were also originally charged with murder. But they agreed to plead guilty to reduced charges of manslaughter last year, in exchange for testifying against Fultz, the suspected triggerman. Daniel Devencenzi was sentenced to 11 years in prison, while Nathan Philbrook was sentenced to 23 years in prison. Both sentences were appealed and Wednesday Judge Anderson upheld Philbrook’s sentence. Newell also expects Philbrooks’ attorney to appeal that ruling, under a change in state law approved by voters in November that no longer allows most accomplices to be charged with murder…

click to listen to Cliff Newell

Devencenzi’s sentence is also expected to be appealed.

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