Bail hearing canceled for couple in deadly Old Sacramento shooting

01/10/2013 12:00 AM

10/22/2014 1:43 PM

A bail hearing that had been scheduled today for two defendants in the fatal New Year's Eve bar shooting in Old Sacramento has been canceled.

Jason Lawley, the attorney for one of the two defendants, Amber Olivia Scholz, said a motion at this time to reduce the $1 million bail that has been posted on his client would be "premature."

"We're still attempting to gather information," Lawley said Wednesday.

Scholz, 36, has been charged with aiding and abetting an assault with a deadly weapon on Gabriel Cordova, 35, one of two men slain in the Dec. 31 shooting in the Sports Corner Cafe at Second and K streets.

Her husband, Charles Wesley Fowler-Scholz, 34, also has been charged with assault with a deadly weapon. He is accused of hitting Cordova in the head with a beer bottle moments before authorities say the slaying suspect in the case, Carlito Montoya, 22, shot and killed both Cordova and bar security employee Daniel Ferrier, 36, a U.S. Army veteran of the war in Iraq.

Fowler-Scholz's bail also has been set at $1 million. His attorney, Daniel A. Nicholson, could not be reached for comment.

Montoya is being held without bail and has been charged with a special-circumstance multiple murder that could bring him the death penalty if he is convicted.

Arrest warrants for Scholz and her husband contained a handwritten notation that the two defendants were a flight risk to take off for the Bahamas. Lawley said he had no information on the Bahamas connection.

"That's one piece of information I'm trying to get, which is where they're getting this idea of the Bahamas," Lawley said. "Nobody's been to the Bahamas."

Stolz has been branded by authorities as instigating the violence that led to the shooting deaths of the two men, by pointing out Cordova as a man who had spilled beer on her in the bar.

Lawley said it also would be premature to characterize Stolz as having started the fight, and that he will contest the charge that she aided and abetted her husband's alleged assault on Cordova.

"In order to find her guilty of that, they have to prove that she knew that if she told her husband 'somebody spilled a drink on me,' that he would use a weapon to do something about it – not just confront them and get in a fight," Lawley said. "I have no information that she had any knowledge of anything."

The next hearing on the case is scheduled for Jan. 29 in Sacramento Superior Court.

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