Five East County young people were ordered May 19 to stand trial for murder in the death of a homeless man, who suffered a skull fracture after he was knocked to the ground and hit his head on pavement in Santee.
After hearing testimony for 1.5 days in the preliminary hearing, El Cajon Superior Court Judge Herbert Exarhos dismissed charges against Cheyenne Maloof, 16, saying she tried to disassociate herself from the others in the Nov. 29, 2014, slaying of Stephen Lee Hissom, 55.
Five East County young people were ordered May 19 to stand trial for murder in the death of a homeless man, who suffered a skull fracture after he was knocked to the ground and hit his head on pavement in Santee.
After hearing testimony for 1.5 days in the preliminary hearing, El Cajon Superior Court Judge Herbert Exarhos dismissed charges against Cheyenne Maloof, 16, saying she tried to disassociate herself from the others in the Nov. 29, 2014, slaying of Stephen Lee Hissom, 55.
Maloof was the last one arrested by sheriff’s deputies and had been held in Juvenile Hall, but Exarhos ordered her released immediately.
Attorneys for the others also argued for dismissal, saying they acted in self-defense and alleged the conflict started by the dead man’s friend, Edward Allen, who was described by one attorney as “aggressive.”
Exarhos agreed that Allen was “disrespectful” while testifying. He did dismiss assault charges against all six that involved injury to Allen as well.
“The entire incident could have been avoided,” said Exarhos. “I don’t think none of these defendants intended to kill the victim.”
The incident took place at a bike trail under state Route 52 and near the 9300 block of Mission Gorge Road in Santee. Attorneys said both the victim and the defendants had all been drinking beforehand.
“We had six individuals who attacked like pack dogs,” said Deputy District Attorney George Modlin.
Attorney Gloria Collins, who represents Sarah Michelle Baillie, 18, said it did not happen in the way Modlin described. “Nothing here rose about self-defense,” said Collins, saying the crime is really an assault, not murder.
The lawyer for Brian Kish, 19, told Exarhos he did not get involved until his girlfriend was struck with something and then he hit Allen, not Hissom. The other defendants are Tyler Scott Dare, 19, Danny Swan III, 19, and Cassidy Rowin, 18.
Collins said that Allen was angry when he testified and at one point tried to leave the witness stand, saying he was tired of answering questions. Allen was persuaded to finish his testimony.
All five defendants pleaded not guilty and Exarhos set a trial date for July 6. They all remain in jail on $1 million bail.
Nude prowler pleads guilty to aggravated trespassing
A nude prowler who claimed he broke into a Spring Valley home only to take a shower has been sentenced to the 37 days he has already spent in jail after he pleaded guilty to aggravated trespassing.
Michael David Dolias, 34, appeared before El Cajon Superior Court Judge Patricia Cookson, who placed him on three years probation and gave him credit for time served since his April 17 arrest.
A resident on Jamacha Road called sheriff’s deputies at 12:10 a.m., saying he confronted a naked guy in his bathroom that said he only wanted to take a shower. Dolias had removed an air conditioning unit that was on a wall on a first floor balcony and climbed through to get inside.
The resident testified at a May 4 preliminary hearing before El Cajon Judge Lantz Lewis, who dismissed a burglary charge and ordered Dolias to stand trial for aggravated trespassing only. Dolias pleaded guilty later in May to aggravated trespassing. The prosecutor declined comment.
