Hearing in Fresno murder case delayed as mother mourns loss of son

FRESNO, Calif. (KFSN) -- Two men accused of murder appeared in Fresno court on Monday for what was supposed to be a preliminary hearing.

After delays throughout the morning and early afternoon, the judge postponed it altogether.

"The parties agree to a pre-preliminary hearing (on) December 14," Judge Heather Mardel Jones said. "The preliminary hearing will be reset to February 20."

The new dates came after the prosecutor and the two defense attorneys met privately with the judge for nearly 40 minutes.

It is a sensitive case due to 'special circumstances' stemming from gang activity.

Prosecutors say 39-year-old Faheem Muhammad and 33-year-old Malcolm McCoy shot and killed Adavier Thomas back in April.

Action News was not allowed to record their faces in court but has previously reported their names and shown their mugshots.

The shooting happened at Zack's Market in southwest Fresno.

Police told Action News at the time that Thomas was not armed and did not fire back.

As police pursued the two suspects, who are now charged with murder and assault with a semiautomatic firearm, officers say two weapons were thrown from a white car.

Authorities ultimately took Muhammad and McCory into custody near Church and Walnut avenues.

Defense Attorney Curtis Sok is representing Muhammad.

Outside the courtroom, he told Action News he and his client were ready to go on Monday.

"What happened was the co-defendant wants to further work it out with the DA, and all parties (are) trying to see if (they are) open to settlement first," Sok said.

While the delay is part of the process as parties try to settle outside of court, it comes as Thelma Aaron mourns the loss of her 40-year-old son.

In an interview with Action News, she remembered her son as a loving father who helped young people in the community.

"He was there for everybody and anybody," Aaron said. "He would go and pick up the younger guys and go do positive things with them and talk to them about going to school and doing positive things."

Because the case involves special circumstances, prosecutors could pursue either the death penalty or life without the possibility of parole if there is no settlement.

That decision would not come until after the now-delayed preliminary hearing.

For news updates, follow Gabe Ferris on Facebook, Twitter and Instagram.