EUREKA – A judge has denied a motion to dismiss homicide charges against Maxx Robison.
Defense Attorney Jennifer Dixon entered a 995 motion to dismiss two aspects of the murder charges against Robison. He is accused of shooting and killing 19-year-old Rihanna Mckenzie in June of last year.
At a previous hearing on the motion Dixon argued that her client could not have had intent to kill since he thought the vehicle McKenzie was in was unoccupied when he opened fire with an assault rifle. Dixon instead sought charges of second degree murder that would have meant a chance at parole.
Judge Christopher Wilson cited two examples from case law. He explained that those precedents require deference to the preliminary hearing judge who found that there was intent and denied the motion.
Robison will appear in court for a trial setting on September 25th.