A bail hearing is set on Monday for Pleasanton resident Cody Hall, who has been in jail since Aug. 14, when Judge Hugh Walker ordered Hall, 18, be taken into custody after prosecutors raised the vehicular manslaughter charge against Hall to murder. Read the full story here.
The Alameda District Attorney's Office refused to comment about why the charge was increased, however, Mary Ann Bird, a criminal defense attorney based in Stockton, says she believes Hall's online boasting about fast driving in combination with his actions on the road before the collision are the foundations of a murder charge.
"Based on the information of the social media in conjunction with the extremely excessive speed on the road, it shows a specific intent to act in complete disregard for human life," Bird said. "All of the elements would support a verdict of a 187 conviction."
If Hall is convicted on the murder charge, Bird says Hall could be sentenced up to 15 years to life in prison.
"Based the original complaint, Hall would be facing about six years and eight months for the reckless driving and vehicular manslaughter," Bird said.
Hall, a recent Foothill High School graduate, is currently being held at the Santa Rita Jail in Dublin in a "no bail status" and will appear at the Gale-Schenone Hall of Justice in Pleasanton for a bail hearing on Monday at 12 p.m., according to Teresa Drenick, spokesperson for the Alameda County District Attorney's Office.
During his first court appearance on July 29, Hall was ordered by Judge Walker not to drive during the course of the case.
[Related story: Judge Orders Defendant in Fatal Bike Crash Not to Drive]
Timothy Rein, Hall's lawyer, has not yet been reached for comment.
According to documents submitted by police to the court, Hall is believed to have been passing a vehicle on Foothill Road at about 83 miles per hour, when he lost control of his car, striking bicyclists Diana and Joe Hersevoort on June 9. Diana Hersevoort, 58, was killed in the collision.
Previous Patch articles about the fatal Foothill Road collision: