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Tuesday, Dec. 04, 2012

Hearing delayed for accused murderer


local@modbee.com
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A paperwork error on Monday forced the postponement of a hearing for a man accused of murder in the shooting death of a 16-year-old boy with Down syndrome three years ago in Modesto.

Richard Maurice Jolly's name was mistakenly left off a list for court hearings scheduled Monday. Stanislaus County Superior Court Judge Marie Silveira rescheduled Jolly's hearing to Friday, when he will accept a proposed plea deal or the judge will schedule a trial.

Jolly, 19, fired the gun that killed Eliazar Hernandez in the aftermath of a violent confrontation between two groups on Oct. 20, 2009, near Lombardo Avenue, just east of South Ninth Street and several blocks south of the Tuolumne River.

Defense attorney Frank Carson argued in a February preliminary hearing that his client responded with deadly force in self-defense because he found himself in a chaotic and life-threatening situation. Jolly remains in custody at the Stanislaus County Jail.