Defense debates with judge on charges as she rules 2021 Auberry stabbing case will go to trial

FRESNO, Calif. (KFSN) -- An Auberry man will stand trial for murder and attempted murder in a nearly two-year-old case that left the man's mother injured and her boyfriend dead.

The judge's ruling turned to a debate with counsel Wednesday morning.

"Just because he is unsuccessful," said Hon. Heather Mardel Jones, Fresno County Superior Court

"No, what I'm saying is..," interrupted defense attorney Curtis Sok.

"... with his attempt to kill her doesn't mean that negates the intent," finished Jones.

"I'm saying the nature of her injury doesn't support that he was trying to stab her," said Sok. "That's what I'm trying to say."

"Okay, I disagree. I disagree with that," said Jones.

Jones handed down her ruling in a Fresno County courtroom that contained only the people required to be present. She ultimately decided the evidence presented supports both a murder charge and attempted murder charge, with enhancements, against 31-year-old Bretton Begaye. He is charged with the November 2021 stabbing of his mother Patricia and the murder of her boyfriend 50-year-old Owen Hancock, known as KiKi.

RELATED: Auberry mother testifies against son accused of stabbing her boyfriend to death, trying to kill her

Begaye's attorney, Sok, argued the evidence proves Begaye did not try to murder his mother, but that she was hurt trying to protect her boyfriend.

"But he did not do anything to Patricia, other than her hands got in his way of stabbing KiKi," said Sok.

The judge disagreed.

"Simply because it was a slashing wound instead of a stab to her heart doesn't negate the intent of your client," said Jones.

During the back and forth Begaye, whose face Action News is not allowed to show, sat looking at the table.

Over the past two days law enforcement and the defendant's mother testified as to what happened the night of the stabbing.

"There was no argument until she was walking back to her room with a sandwich," said Det. Jose Leon, Fresno County Sheriff's Office.

"Then what was the argument about when she was in the bedroom," asked Sok.

"It started out when she walked past him, he called her an idiot," replied Leon.

Begaye has pleaded not guilty by reason of insanity. His mental health history at the forefront of the defense's argument. Detectives testified Begaye's mother told them he was off his medication -- and drunk the day of the stabbings.

"She said specifically that when he is not on his medication and he uses substances he can get violent and aggressive," said Leon.

Begaye's mother also testified on Tuesday that when he was 18, Begaye went to prison and received psychiatric care for a knife attack that significantly injured his father in a separate incident in Inyo County.

Begaye is being held on a more than 2 million dollar bond. He is due back in court on November 16th. If convicted on all charges, he could spend up to 69 years to life in prison.

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