Plea deal in Modesto murder still pursued

MODESTO -- Attorneys told a judge Monday afternoon that they still are discussing a possible plea deal in the case of a man charged with murder in the shooting death of a 16-year-old boy with Down syndrome three years ago in Modesto.

Stanislaus County Superior Court Judge Marie Silveira scheduled 20-year-old Richard Maurice Jolly to return to court Feb. 19 to see if his case can be resolved before trial, which has not been scheduled.

Since October, the attorneys have been trying to reach agreement on a plea deal. Jolly fired the gun that killed Eliazar Hernandez in the aftermath of a violent confrontation between two groups Oct. 20, 2009, near Lombardo Avenue, 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, life-threatening situation. Jolly remains in custody at the Stanislaus County Jail.