Brandon Widmark, left, and Jesse Widmark are accused of attempted murder, robbery and causing great bodily injury in a Eureka area crime spree. (Contributed)
Last Friday, a Humboldt County judge ruled against a defense motion to expel several charges, including attempted murder, from the complaint against his client.
Brandon Widmark – who is accused alongside his younger brother Jesse Widmark of robbing a man at the Bayshore Mall, pistol whipping him, running over a pedestrian and T-boning another car during a police chase ending in a hail of gunfire after trying to shoot the arresting officers – will continue facing attempted murder. His attorney. Rebecca Linkous, filed a motion attempting to remove the charge, as well as the hit-and-run and false imprisonment allegations, but Judge Steven Steward was unconvinced.
Steward delivered on oral motion, and by the Times-Standard’s print deadline, a written ruling had not been entered in the county’s court record system.
Last Tuesday, Linkous and Deputy District Attorney Luke Bernthal presented oral arguments to reinforce their written requests. Linkous argued that, because only one police officer out of the four who testified said he saw his client in a firing stance, weapon pointed at another officer, the attempted murder charge should be dropped. She also noted the short amount of unwanted time the alleged false imprisonment victim spent in the vehicle before the Widmark’s crashed.
Bernthal argued if Steward were to throw out the attempted murder charge based on that evidence, he would essentially override Judge Marilyn Miles’ consideration of the officer’s testimony as credible. Regarding the hit-and-run charge, Bernthal said his office was temporarily dropping it because the incorrect victim was named, and that he will refile an amended complaint.
The trial remains set for June 24.
Jackson Guilfoil can be reached at 707-441-0506
