Feb 26, 2020

Public Defender requesting new trial for David Kobak


Sentencing for David Kobak is scheduled for February 28. Today, Deputy District Attorney Whitney Timm filed an opposition to the defendant's motion for new trial. On 2/27, the DA's office filed an opposition to dismiss the 25 to life firearm enhancement.

Court records have no listing for the defense motion or when it was filed.

On February 4, a jury found Kobak guilty of second degree murder and the special allegation that Kobak "personally and intentionally discharged a firearm causing great bodily injury or death" to Fred Loftus true. Sentence for second degree murder is 15 years to life. The special allegation sentence is 25 years to life. Judge Gregory Elvine-Kreis has discretion regarding the special allegation.

I contacted Loftus' daughter Crystal Lomanto. She is arriving in Humboldt County tomorrow. "What a waste of tax payers money, our time, and at the cost of our grief. I am furious. They told us a month ago the sentencing would be on Friday, we have family coming from 3 states and have spent thousands of dollars to be there. We only got three days notice that the plans have changed."

Recent posts:
https://johnchiv.blogspot.com/2020/02/second-juror-in-david-kobak-says-it.html?m=1

https://johnchiv.blogspot.com/2020/02/we-were-amicable-we-took-our-time-and.html?m=1

https://johnchiv.blogspot.com/2020/02/david-kobak-found-guilty-of-second.html?m=1

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