Cody Hall, the young driver who ran down and killed bicyclist Diana Hersevoort on June 9, will remain in jail pending a new bail hearing now set for Oct. 7.
But Hall won't be appearing before Superior Court Judge Hugh Walker. Walker, without exactly recusing himself, said Hall would be better off going before another judge.
"Your client is going to be better off in 704 (where Judge Christine Moruza presides)," Walker told Hall's attorney. "I know how this came down and I am so, so, so, so sad for everyone involved. He's dug a hole so deep, I don't think he can get out of it in this lifetime."
Hall's next court appearance is set for Oct. 7, and the teen driver, who turned 19 in custody, remains held without bail. He has yet to enter a plea.
About a half dozen of Hall's friends turned out for the bail hearing Tuesday morning, and left silently after he was led out of the courtroom, wearing a yellow Santa Rita Jail outfit.
Police estimated Hall was doing 83 miles an hour, more than twice the legal limit, in a 2004 silver Dodge Neon when he lost control after passing a car on double yellow line and attempting to pull back into his lane.
Hersevoort was pronounced dead at the scene and her husband was treated and released with a broken leg after the crash, which occurred around 1 p.m. near Golden Eagle Way. Fresh flowers are still being placed at the crash scene from time to time.
Hall was originally charged with vehicular homicide and reckless driving causing bodily injury, but the homicide charge was elevated to murder last month.
"In order to add murder charges, they would have to show some type of intent to kill. It would indicate they would try to prove the intent by implication," said Alin Cintean, a former Sacramento County prosecutor now in private practice.
The teen graduated from Foothill High in June. He faces 15 years to life on the murder charge and an additional three years and eight months for the reckless driving charge, according to Cintean.
He said if Hall had prior convictions for moving violations that might be enough to warrant the more serious charge, but added the prosecution could use the murder charge as a bargaining chip in a plea deal that would eliminate the potential life sentence.
Meanwhile, Hall's father, Aaron, is set for another court appearance on Oct. 2. The elder Hall was arrested on weapons charges after police served a search warrant on the family home in the 4200 block of Echo Court looking for evidence in the case surrounding Cody.
At the home, police found discovered two illegal assault rifles and "thousands of rounds of ammunition" in a gun safe, along with four Daytrana patches that Aaron Hall had without a prescription. Daytrana is a stimulant used to treat ADHD.
Aaron Hall was charged with with possession of a firearm by a convicted felon, possession of an assault weapon, possession of ammunition by a felon, and possession of a non-narcotic controlled substance.
The elder Aaron Hall has two felony convictions from 1994 for assault with a deadly weapon and firing at an inhabited dwelling. He pleaded not guilty and remains free on $265,000 bond.