Motion to dismiss denied in Atwater attempted-murder case

A judge on Thursday denied a defense motion to dismiss the attempted murder case against a 35-year-old Atwater man who is accused of shooting another man during an argument in October.

Versall J. Henderson has pleaded not guilty to charges of attempted murder, assault with a firearm and discharging a firearm with gross negligence in connection with the Oct. 20 shooting of 38-year-old Stephen Ray Taylor.

The incident occurred outside a home in the 5100 block of Noah Drive in Atwater. Henderson allegedly fired three shots from a .38-caliber handgun, striking Taylor twice – once in the face and once in the arm. Taylor survived the attack, the Merced County Sheriff’s Department confirmed previously.

Deputies said Henderson was upset because Taylor had broken off their romantic relationship. Deputies said Taylor intended to reconcile with his wife.

On Thursday, Henderson’s attorney, Deputy Public Defender Sean Howard, asked Judge Ronald W. Hansen to dismiss the case, saying Henderson was defending himself from Taylor.

Hansen denied the motion, saying there enough evidence to support moving forward with the attempted-murder case set forth by the Merced County District Attorney’s Office.

“There was no evidence (Taylor) had any weapon or made any aggressive moves towards Mr. Henderson,” Hansen said in his ruling.

Hansen acknowledged there was some evidence that may support a self-defense argument, but said the prosecution’s case remained strong enough to require a jury trial.

Hansen noted it was Taylor who first stated to Henderson: “Hey, bud, this is the day you’re going to die.” However, Hansen said, the evidence demonstrated a “strong suspicion” that Henderson used a firearm to defend against a single verbal threat from an unarmed man, which, if true, would not amount “reasonable” self-defense.

Howard on Thursday also said he did not receive all the recordings of his client’s interview with investigators until after Henderson had already been ordered to stand trial in early November.

Those recordings, Howard said, contained information regarding the proximity between Henderson and Taylor during the incident, which Howard argued was a critical factor that may help prove his client felt threatened at the time. Howard said Taylor was only “an arm’s length away” from Henderson at the time and that Henderson believed Taylor had been “stalking” him in the weeks leading up to the incident.

Both men had obtained temporary restraining orders against one another weeks earlier, according to the judge.

“It’s going to be up to a jury to ultimately decide,” Hansen said.

Henderson returns to court Feb. 17 for a jury trial. He remains in custody at the John Latorraca Correctional Facility on $1.5 million bail.

This story was originally published January 29, 2015 at 11:15 AM with the headline "Motion to dismiss denied in Atwater attempted-murder case."