Modesto murder suspect faces plea decision

MODESTO -- A defendant will likely have one more week to consider a plea deal before a judge schedules his trial, where he'll face a charge of murder in the shooting death of a 16-year-old boy with Down syndrome three years ago in Modesto.

Since October, attorneys have been trying to reach an agreement on a possible plea deal for 20-year-old Richard Maurice Jolly.

During a brief hearing Monday, Stanislaus County Superior Court Judge Marie Silveira scheduled Jolly to return to court Monday to see if his case can be resolved. If not, Deputy District Attorney Beth O'Hara Owen told the judge that the prosecution will move forward with the case and schedule a trial.

Jolly 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.

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.