11/8/2023 0 Comments Roger reeseHood was slated to testify as a witness for the defense, but he pleaded the Fifth Amendment on the stand. She did and returned to the jail for the rest of the hearing. After a small break and a bit of legal research, Cockrum had her brought to the courtroom where he advised her that she had a legal right and obligation to be present, but that she could waive those rights if she chose. Cockrum said he was told by Humboldt County Sheriff’s Office deputies that she was sick of hearing the testimony of Eureka Police Department Detective Raymond Nuñez. She attended the first half from the Humboldt County jail but then refused to come to court after the lunch break. Rhamy was not present for the second half of the preliminary hearing. “If there is a factual dispute, that is up for the jury to decide,” Cockrum said. Cockrum noted there was evidence for voluntary manslaughter - which carries less exposure than first-degree murder, 11 years versus 25 to life, though sentencing enhancements can rack up the time - but did not make a factual finding and said a reasonable jury could disagree. The Humboldt County District Attorney’s Office initially charged Rhamy with first-degree murder over killing Elbik. Rhamy is the first to instigate violence against another person,” Rees said. Rhamy told the police she had no involvement in the fight, a lie Nims called “understandable human nature,” while Rees offered a different opinion. Nims told Judge Kaleb Cockrum that he could listen to events as they partially unfolded by playing the 911 call Rhamy made during the fight between Elbik and Hood - allegedly over music being played too loudly out of a speaker in Rhamy’s room - where Hood can be heard screaming for help. “I went to grab my knife because Zach was shouting ‘she’s stabbing me in the neck’ and I did it,” Nims read. Nims read a text message Rhamy sent to a friend confessing to killing Elbik during his closing arguments. Deputy District Attorney Roger Rees argued that Rhamy used greater force than necessary to defend her boyfriend, Zachary Hood, and Deputy Public Defender David Nims countered that his client acted in lawful self-defense or defense of another. On Tuesday, a judge ruled that a Eureka woman accused of fatally stabbing her roommate will be held to answer.ĭestinee Rhamy, 20, allegedly fatally stabbed 27-year-old Holland Elbik at their shared residence in Eureka shortly after the victim stabbed Rhamy’s boyfriend in the neck with a broken ceramic mug, wounds that, while not life-threatening, required treatment at St.
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