The courtroom was silent as the jury filed in at 11:15 a.m. to deliver its verdict. Five uniformed deputies spread out around the courtroom in anticipation of any negative reaction to the announcement. After reading the decision aloud, Judge McElhany polled each of the eight men and four women on the panel to verbally affirm their guilty verdict for second-degree murder.

There were no outbursts by family members on either side, but several of Brooks' family, including wife Susanne, wept as they left the courtroom. One female juror was also weeping as she left the jury box.

"We are very disappointed," said defense attorney Marc Topel immediately after the verdict was announced. "But we will proceed and we will appeal." Topel would not say on what grounds he feels an appeal might succeed.

Brooks looked pleadingly at his family and his wife Susanne as he was handcuffed and taken into custody by Placer County deputies. He will remain in jail in Auburn until his sentencing on June 14.

Brooks faces 15-years-to-life in prison on the murder charge, and an additional year for using a deadly weapon in the commission of a felony. Judge Robert McElhany will review a Probation Department report and recommendation before issuing a final sentence. Ash's family members may also address the court in writing or in person before final sentencing.

"We were hoping for first-degree," said Deputy District Attorney Chris Cattran on the courthouse steps. "We argued for first, but I'm just happy that the jury deliberated and came back with a verdict of murder. The jury deliberated for three and a half days. They obviously put a lot of thought into it."

"Our whole team did a really good job," added Cattran, in a pleased voice. He lauded the hard work of the Placer County Sheriff's Office, prosecution investigators, and assisting prosecutors James Brazelton and Tracy Lunardi.

"We're happy with the verdict," said Cattran, "and we're happy that there is some justice for Robert (Ash)."

Brooks will be sentenced at 1:00 p.m. on June 14 in Department 1 at the Placer County Courthouse in Auburn. Cattran said he is unsure if Ash's family intends to address the court, but they will definitely be in attendance at the proceedings.

History
Timothy and Susanne Brooks confronted Ash outside of Syd's Bagelry in Tahoe City on the morning of August 17, 2005. The couple claimed that Ash had cut them off in traffic more than thirty minutes earlier, while they were traveling south on Highway 89 near Palisades Tahoe Road.

At the trial, witnesses named Brooks as the instigator and aggressor in a fight that led to him stabbing Ash in the abdomen. Ash died from his wounds late that night at Washoe Medical Center in Reno. Brooks' defense team argued self-defense in the case, but the jury did not agree.