Marysville slaying suspects bound over for trial

Six friends charged with the New Year's Eve shooting death of a Yuba City man will stand trial for second-degree murder, a Yuba County Superior Court judge ruled Tuesday.

The defendants accused in the death of Steve "Sam" Moore on Tuesday waived their preliminary hearings.

Moore, 38, was shot and killed outside an apartment complex in the 1100 block of Arthur Street in Marysville.

Suspected triggerman Marcus Nelson Hume; U.S. Air Force Airman William V. Silliman; and Kari F. Mulkey, Samson Mulkey, Jesse Garate and David Eneix have pleaded not guilty.

Judge Stephen W. Berrier ordered them to remain in custody without bail pending trial.

Defense attorneys declined to explain why they chose to waive preliminary hearings.

However, the strategy does mean that prosecutors would have to take additional steps if they decide to change the charge from second- to first-degree homicide, Yuba County District Attorney Patrick McGrath said following Tuesday's hearing.

Prosecutors, however, are "not locked in" to the second-degree charges, McGrath said.

"We can always either dismiss the (current case) and file a new case with new charges, or obtain what is known as a superseding grand jury Indictment that would include any charges the grand jury felt was supported by the evidence presented to them," McGrath explained.

Police said Silliman owned the weapon in question — a 12-gauge shotgun — and said he also helped modify the firearm specifically for the attack on Moore and drove Hume to and from the crime scene, according to court documents.

Police said each person played a specific role in Moore's death from sending text messages to Moore to ensure he would be waiting on Arthur Street to acting as lookouts.

McGrath said he understands many people following the case are frustrated not knowing or understanding why prosecutors charged second-degree homicide instead of first-degree.

"First, I hope the readers understand that prosecutors are limited as to what they can say publicly about cases which are pending trial. It is not that we are trying to play 'hide the ball;' there are both legal rules and solid investigative reasons why we don't give specifics about the evidence in a case," McGrath said. "We know this is frustrating to the public; believe me, it is frustrating for us also."

McGrath also left the door open to the possibility of amending the charges at a later date.

"As the Hume case progresses, if first-degree murder can be proven then that is the charge that will be pursued. Until that time, the charge will remain at second-degree murder," McGrath said.

Moore's family, many of whom were initially upset with authorities for not communicating information quickly, have since met with prosecutors several times.

Joel Lane, a family spokesman, said the family is satisfied with the charges, but declined to comment further, saying he did not want to risk jeopardizing the criminal proceedings.

If convicted, Hume faces 40 years to life in state prison.

The defendants are set to appear in court again March 5 for arraignment.