EUREKA – Drug charges against Maxx Robison have been dismissed and remaining charges, including murder, could be reduced.
Judge Christopher Wilson presided over two hearings involving Robison at the Humboldt County Courthouse.
The first was an allegation that he was in possession of drugs while incarcerated.
Deputy DA Carolyn Shaffer requested more time to investigate discrepancies between the correctional officer’s recollection of events and the submitted report.
Judge Wilson found no cause to grant more time and dismissed the charges, though they may be refiled at a later date.
Of greater significance for Robison’s future was Public Defender Jennifer Dixons 995 motion to dismiss two aspects of the murder charges against him.
Robison is accused in the shooting death of 19-year-old Rihanna Skye Mckenzie in June of last year.
The defense stated that Robison was trying to intimidate a man named Elisha Mansell by firing an assault rifle at a vehicle near his residence following a personal dispute that McKenzie was not involved in.
Dixon explained that the prosecution’s murder charge stems from Robison’s intent to kill Mansell which led to McKenzie’s death, but because he did not know the car was occupied he could not have had that intent.
Instead, Dixon argued, a charge of second degree murder is more reflective of the actual events that took place. That’s the difference between life in prison and the chance for future parole.
Deputy DA Shaffer said there is enough evidence to prove intent.
Judge Wilson said he had a really good pair of trial arguments and asked for time to review testimony from the preliminary. Judge Wilson will rule on the motion August 24th.