Despite defense move, judge says death penalty trial will stay in Fresno

A Fresno County judge on Thursday denied a request to move the death penalty trial of Kori Ali Muhammad, who is accused of killing three people in a crime spree two years ago as well as another homicide.

Judge Jonathan Conklin said defense attorneys who filed the change of venue motion did not present enough valid reasons to move the trial.

For instance, a survey of 100 people showed only one or two recognized the defendant’s name, so with a county the size of Fresno there shouldn’t be a problem finding an impartial jury, the judge said.

But the attorneys are free to bring up the issue again during jury selection, Conklin said.

Muhammad’s trial starts May 13.

He faces the death penalty because the Fresno County District Attorney filed two special circumstance allegations of multiple murder and that the homicides were based on race.

Muhammad, 41, has pleaded not guilty by reason of insanity. He has a documented history of schizophrenia, delusions and hearing voices.

At the hearing, Muhammad sat calmly next to attorneys Richard Beshwate Jr. and Antonio Alvarez and did not have any outbursts as occurred at earlier hearings.

Police say Muhammad has confessed to several shootings, saying they were fueled by his hatred for white people.

He has been charged with three counts of murder in the shooting deaths of Mark Gassett, David Jackson and Zackary Randalls on April 18, 2017. He is also charged with the attempted murders of Stephen Walter, Michael Flores and Mark Greer.

In addition, he is charged with the murder of Motel 6 security guard Carl Allen Williams III, who was shot while working five days earlier, and the attempted murder of security guard Oscar Menjivar.

Under state law, a not-guilty-by-reason-of-insanity plea applies when the defendant is unable to know right from wrong at the time of the crime. If found not guilty by reason of insanity, a defendant would be locked up in a state hospital, probably indefinitely.

In January 2018, Conklin ruled that Muhammad was competent to stand trial.

This story was originally published February 21, 2019 at 3:30 PM.