Four witnesses, including alleged victim Gary Harner to testify at Kody Marcelli's preliminary hearing

Setting for Kody Marcelli's preliminary hearing and confirmation of counsel was scheduled for today.



Today, instead of Mr. Greg Rael, Marcelli appeared with Ms. Heidi Holmquist in court. His parents were with him. A 977 waiver for Marcelli was filed in court by Ms. Holmquist.

People plan to call four witnesses, including the alleged victim Gary Harner. He was present with his fiancee in court today, who was by his side when the alleged incident occurred.


Deputy District Attorney  Trent Timm was present for the People in court today.

The People's estimate was 2-3 hours. Ms. Holmquist's estimate was 4 hours. "It is going to be a relatively long hearing."

Marcelli was arraigned on March 26.

Count 1 is assault by means of force likely to produce great bodily injury. Special allegation for Count 1 is that Marcelli "personally inflicted great bodily injury" on Gary Harner.

Count 2 is driving when privilege is suspended or revoked for failing blood alcohol test.

Alleged victim Gary Harner was in court.

At the last hearing, Mr. Gregory Rael requested 30 days to go over discovery and to meet with Marcelli to see if he will be retained as attorney for this case.

Marcelli entered a general time waiver and is out of custody.


Marcelli entered a plea in January 2018 for a DUI case. His attorney for that case was Mr. Rael.

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