Jurors deciding fate of man accused in stabbing death

AUBURN CALIF. - Closing arguments were made Thursday morning in the murder trial of Timothy Brooks.

Jurors will now decide whether Brooks is guilty of first- or second-degree murder or voluntary manslaughter. They must also decide on a special allegation of whether Brooks used a "dangerous and deadly weapon."

Deputy District Attorney Christopher Cattran said Brooks should be convicted of first-degree murder for fatally stabbing Robert Ash last August outside Syd's Bagelry in Tahoe City.

"This is the State of California versus Timothy Brooks. It could also be called the murder of Robert Ash. This is not a whodunit. The defendant stabbed and killed Robert Ash."

Defense attorney Marcus Topel said that Brooks stabbed Ash only once "is the single most important fact in this case to negate the intent to kill," said Topel, who argued his case for two and a half hours.

"The stab itself doesn't show anything about murderous intent," he said.

Cattran said Brooks was the aggressor in the fight that preceded the stabbing, and that Brooks admitted to spitting in Ash's face. He also noted that Brooks never said he was scared for his life, but that he just didn't know what Ash "was going to do."

"Even if you believe his story - he used more force than reasonably necessary against a fist," Cattran said. "He brought a knife to a fist fight. Robert didn't want to fight."

Defense attorney Topel played up Brooks' and Ash's character traits presented during the trial for his closing arguments. He noted that his client has "never been in trouble his whole life," while Ash was a "violent guy."