The man accused of killing adored rapper Nipsey Hussle wants his two attempted murder charges dropped, according to a court transcript from a motion hearing that took place on October 9.
Eric Holder Jr. pleaded not guilty to all charges, including one count of murder, two counts of attempted murder, two counts of assault with a deadly weapon and one count of felon in possession of a firearm.
According to the USC Annenberg Media Center, Holder's lawyers tried to argue the "Kill Zone" theory as a basis for dismissing the two counts of attempted murder.
In order to prove the "Kill Zone" theory, prosecutors have to prove six different things: that there was "a primary target, type of weapon used, distance between the shooter and target, proximity to other victims to target, whether victims are in an enclosed area, and whether the target was moving in the attack."
In the motion, Holder's lawyers did not explain why they believed the theory was valid.
The court transcript from the grand jury proceeding against Holder said he got into a verbal argument with Hussle on March 31 outside of his The Marathon Store clothing shop in Los Angeles. He left the scene and returned with two guns, which he allegedly used to kill Hussle.
The 29-year-old is currently being held on a $6.5 million bond and has been in solitary confinement since his arrest.
L.A. County Deputy District Attorney John McKinney told USC Annenberg Media Center the move was an attempt by Holder's team to stall the trial, giving his lawyers more time to come up with a defense and allow public outcry to cool.
“Every defendant in California has a right to a speedy trial, that’s a right to go to trial within 60 days of their arraignment. We are well past 60 days because he keeps waiving his right. Given the magnitude of the case, the complexities of the case, work his defense attorney needs to do, he knew it wasn’t in his best interest to try to go to trial right now,” McKinney said.