Does Pamela Millsap want to end up like David Kobak? She should take the plea

Deputy Conflict Counsel April Van Dyke is doing a great job. This despite the fact that Millsap refused to waive time. Ms. Van Dyke is doing a preliminary hearing with four serious charges during the challenges of a pandemic and Ms. Van Dyke has been in court every day with several cases just as involved and time consuming.

The standard at preliminary hearing is different than a jury trial. Credibility matters. Evidence matters. Millsap has testimony by her 10 year old daughter who is caught in the middle of a tragedy involving her mother and  her deceased brother, Millsap's boyfriend and father of Jane Doe who had issues with John Doe and Millsap's mother.

Deputy District Attorney Whitney Timm has evidence including Millsap's own statement that supports the charges of voluntary manslaughter and the special allegation a shotgun was used during the commission of the crime.

EPD Detective Corrie Watson's testimony about the condition of the house supports the child abuse charges. The code is also known as the child endangerment law. Just the filthy, hoarding, unkempt conditions of the house alone are detrimental but getting a gun to scare your child over an argument that was in part because he got his sister a hamburger with his own money and threatening to call the police on him is not normal parenting.

John Doe had gone to his bedroom. He wasn't threatening Millsap. She was not in danger. Millsap went and got the gun and engaged him deliberately. You can't claim self defense when you escalated the situation, then went got a gun and engaged a juvenile who had no weapons and had left you alone.

Ms. Timm was the prosecutor in the David Kobak case. Just like Fred Loftus' death, there wouldn't be a victim if there was no gun in the house.
Just like David Kobak, Millsap calling 911 after the fact does not change the reality that John Doe is dead.

They have no witnesses who can testify about the exact moment John Doe got shot. Jane Doe was there but what could she see and how accurately could she see or remember details in a stressful situation where her mother and brother are struggling with a gun?

Millsap should take the plea deal instead of wasting more time for a preliminary hearing that will not affect the ruling for probable cause. Often today, when Judge Kaleb Cockrum ruled against the defense, he told Ms. Van Dyke this is not relevant to the preliminary hearing or charge.

Ms. Van Dyke has not impeached Det. Watson's testimony. The cross examination brought out a few details that don't change much. The 911 call, Jane Doe's CAST interview, EPD Officer Young Porambo's testimony, neighbors who heard yelling including one incident between two men won't change anything.

This is not the jury trial; it is a preliminary hearing. Millsap will be held to answer unless something significant is introduced by the defense that clearly refutes the charges. The DA can amend charges after the preliminary hearing.

Even if this was the jury trial, I can hear Ms. Timm's closing argument. Millsap can be another David Kobak or she can accept responsibility now, take the deal, and as Ms. Timm said defense can argue for probation.