"You are getting charged with first degree murder. I cannot lose you. You need to speak up."

The preliminary hearing for Maxx Robison continued this morning.

People made a motion to exclude all potential witnesses; in the morning they were not sure whether they would call Robison's girlfriend after a jail call they were going to play in court. So, she was instructed and she left the courtroom for today's hearing.

Cross examination of Calvin Aubrey concluded.

EPD Detective John Gordon, the lead investigator in this case and EPD officer Dustin Nantz testified.

The quote above is from a 15 minute phone call from the jail between Robison and his girlfriend Autumn McClellan, exact date not told in court, "within a day or two of arrest" which was at 7:41 a.m. on June 30, 2016.

In that same call, Robison was surprised to hear he had shot someone; he said his intention was just to shoot at the car of the man who allegedly threatened him first and shot first.

The shot first was corroborated by Aubrey's testimony.

Robison expressed surprise when his girlfriend told him he was being charged with shooting a woman in the car. He said he had no idea.

At least three times in the jail call, he said (slightly different wording each time but same sentiment), "I guess I will be here the rest of my life."

He repeated twice he is not a snitch when Autumn begged him to tell the police and his attorney who was with him that night and what happened.

He admits he shot at the car but not to being aware someone was in the car.

With the exception of special allegations for Count 2, Robison was held to answer on all charges and special allegations.

Arraignment on information is March 8 at 8:30 a.m. in Courtroom 3.

There were some arguments made by Ms. Jennifer Dixon before Judge Reinholtsen's ruling, which included reducing Count 1 to second degree murder and bringing up premeditation and intent in respect to other counts.

Judge Reinholtsen said that for preliminary hearing, the Court did not decide on degree of murder and that other counts were held to answer based on evidence required for preliminary hearing purposes.






Robison is charged with four felonies and there are two victims; Rhianna Skye McKenzie and Elisha Caleb Mansell.

Count 1 is Murder, victim is McKenzie. Two special allegations for Count 1: "personally and intentionally discharging a firearm; a semi-automatic rifle, which caused great bodily injury or death to" McKenzie and "above offense perpetrated by means of shooting a firearm from a motor vehicle with intent to inflict great bodily injury."

Count 2 is Attempted Murder, victim Mansell with special allegation "personally and intentionally discharging a firearm; a semi-automatic rifle, which caused great bodily injury or death to" Mansell.

Count 3 is Assault with semi-automatic firearm upon Mansell with special allegation ""personally and intentionally discharging a firearm; a semi-automatic rifle," which causes the offense to be a serious and violent felony.

Count 4 Shooting an occupied motor vehicle.