Aaron Brown was supposed to appear before Judge William Terrence at 1:30 p.m. for his arraignment.
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But just six minutes before, sheriff's deputies informed the judge that Brown was not budging.
"Given the statement of Mr. Brown to correctional officers that he's refusing to come to court, this court did consider issuing an order for a cell extraction to have the defendant brought to court by way of force," Judge William Terrence said.
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Judge Terrence decided not to issue that order, though, and said the court would try the arraignment again Friday morning.
Prosecutor say the 32-year-old stabbed Gary Bishop last Friday. It happened around 8 p.m. at an apartment complex near White and Jackson Avenues, and Bishop later died at the hospital.
Brown's mother had been dating Bishop for 14 years, and the three all lived together. But there seemed to be tension.
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The Fresno Police Department says Bishop argued with Brown's mother about some property - which upset her son.. and that's when he killed the victim in a quote "unprovoked attack."
Brown's sister disputed that narrative at the courthouse on Thursday. While she didn't want to speak on camera, she said she'd provide a written statement. Action News has not yet received it.
Brown was arrested in downtown Fresno Sunday, after police say he fled the scene of the stabbing. Investigators also recovered the knife they believe he used to kill Bishop and say his own words support their suspicions.
"He did make admissions and confessions consistent with the evidence located on scene," Fresno Police lieutenant Paul Cervantes said.
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Lt. Cervantes says the stabbing happened just three days after Brown got out of jail due to overcrowding. He was there for having ammunition.
"A very sad state of affairs in terms of the fact that Mr. Brown was out when this incident occurred. It is our belief that had he been in custody, there's a high likelihood this wouldn't have happened," Cervantes said.
More than a decade ago, Brown went to prison after facing several charges - including robbery, burglary, and assault with a deadly weapon.
If convicted of murder in last week's stabbing, that previous strike could impact Brown's sentence.
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