"The evidence suggests the defendant [Brooks] was the aggressor throughout the entire incident, culminating in the unwarranted stabbing of the victim [Ash]," wrote Judge J. Richard Couzens in his ruling released January 11. "There is rational evidence that supports the charge of murder."

Brooks' defense attorney, Marcus Topel, had filed a motion to have the murder charge reduced to manslaughter. At the preliminary hearing in Tahoe City on October 25, Topel argued that there was insufficient evidence of malice aforethought in the killing because it had occurred in the heat of passion during "a mutual combat situation" in which Brooks had feared for his safety.

Judge Couzens was not willing to make that finding. "Because the evidence is conflicting on the circumstances of the altercation," he wrote, "this court cannot say as a matter of law that the crime was committed without malice. Whether malice has been negated by the quarrel or whether there was provocation by the victim are issues the jury must resolve."

August Road-Rage Incident
According to police reports, Brooks and his wife were traveling from Truckee toward Tahoe City on Highway 89 when Ash allegedly cut them off during a high-speed pass just north of Palisades Tahoe Road. It was the morning of August 17. The Brooks' say they searched for Ash's vehicle, an Aston Martin sports car with no license plates, in Palisades Tahoe in order to identify and report the driver to police.

The Brooks' could not locate the vehicle in Palisades Tahoe, so they continued into Tahoe City. There they say they saw the vehicle parked near Syd's Bagelry. They then saw Ash sitting outside of Syd's, where they confronted him. Witness reports are in conflict on precisely what happened next, but most agree that there was a loud, verbal altercation followed by an exchange of blows, culminating in Brooks stabbing Ash in the abdomen.

Brooks and his wife then ran across Highway 28 and attempted to flee in their vehicle. An off-duty Tuolomne County deputy who witnessed the incident stopped them until Placer County Sheriff's deputies arrived on the scene. According to police reports and testimony at the preliminary hearing, Brooks approached said to an officer, "I think I ruined my life, I'm the guy that stabbed him."

Christopher Cattran, the Deputy District Attorney prosecuting the case, said he plans to schedule a hearing soon to increase bail for Brooks. Brooks posted $250,000 bail and has been free since the preliminary hearing. Cattran hopes to increase that bail substantially, or revoke it entirely, now that Judge Couzens has reinstated the murder charge.

The trial start date is tentatively February 27, 2006, in Auburn. That date may change pending the outcome of the bail hearing. Cattran and Topel estimate the trail will last approximately two weeks.