The defense attorney for the alleged killer of rapper Nipsey Hussle motioned to drop some of the charges against him in a pre-trial hearing.

Ermias Asghedom, also known by his rap name Nipsey Hussle, was gunned down outside of his clothing shop, The Marathon Store on March 31, 2019. According to the court transcript from the May hearing, Hussle and accused murderer Eric Holder exchanged conversation before Holder left the scene and returned with two firearms, killing Hussle and injuring others.

Holder is facing the following charges: one count of murder, two counts of attempted murder, two counts of assault with a deadly weapon, and one count of felon in possession of a firearm. His defense motioned to have the two counts of attempted murder, which rest on the “Kill Zone” theory, dismissed.

In order for the “Kill Zone” theory to apply when determining attempted murder, six factors must be proven: there is a primary target, type of weapon used, distance between the shooter and target, proximity to other victims to target, whether victims are in an enclosed area, and whether the target was moving in the attack.

According to the court transcript from the motion hearing on Oct. 9, the state of California believes “every factor identified by the court is present and favors the application of the “kill zone” theory.”

Deputy District Attorney, John McKinney provided insight on another pertinent aspect of the case that continues to affect the process.

“Every defendant in California has a right to a speedy trial, that’s a right to go to trial within 60 days of their arraignment. We are well past 60 days because he keeps waiving his right,” McKinney said.

McKinney refrained from commenting on the case specifically but provided his thoughts as to why Holder may be prolonging the case.

“Given the magnitude of the case, the complexities of the case, work his defense attorney needs to do, he knew it wasn’t in his best interest to try to go to trial right now,” McKinney said.

Hussle was seen by many as a hero for his community leadership and service. Community advocate Edward Sargent expressed gratitude for the way the prosecution is handling the case.

“He [McKinney] knows what he’s doing, he’s comfortable with what he’s doing. He didn’t knock on doors, he shared information with the family about how he was available, how they could reach him,” Sargent said.

The prosecution is seeking to have the motion denied and start the trial. There is not a set date for the trial but it will likely take place at the beginning of next year.