Defense in attempted murder case seeks to have premeditation allegation dismissed
February 23, 2018
Kathy Hoyt, facing an attempted murder charge in connection with a homeless camp stabbing, sought on Friday to have a Nevada County judge dismiss accusations that she acted with premeditation when causing great bodily harm.
Superior Court Judge Candace Heidelberger made no ruling whether to dismiss the special allegations. She said she'll decide by March 9 — Hoyt's next court date.
One of those special allegations, if upheld, could ensure Hoyt has no chance of probation if convicted, court documents show.
Hoyt's defense attorney, David Alkire, argued his client had no intention on Sept. 30 to kill Raymond McDaniel in a homeless camp off Sutton Way. He said the supposed threats the 48-year-old made on McDaniel's life weren't credible, and that no evidence existed that she planned a murder.
According to Alkire, the only evidence of motive prosecutors have include allegations that McDaniel spread rumors about Hoyt and an instance where he called her a derogatory name.
Additionally, Alkire said the pocket knife his client used caused puncture wounds and were directed toward no vital organs.
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"Friends don't typically kill friends," Alkire said.
Deputy District Attorney Ed Grubaugh said Alkire's argument that threats followed by a stabbing don't show premeditation were "preposterous."
"The attacker waits for the victim to turn his back," Grubaugh said. "What we have here is a premeditated attack that demonstrates intent."
Authorities claim Hoyt stabbed McDaniel, who then walked to a bus stop on Sutton Way where passersby found him.
Arrested shortly afterward, Hoyt remained Friday afternoon in the Nevada County Jail without bond.
To contact Staff Writer Alan Riquelmy, email email@example.com or call 530-477-4239.
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