Accused teens still awaiting appeals

The attorneys representing two 17-year-old boys accused of murdering a woman in the Big Hill area last year are seeking to return their clients’ cases to juvenile court, but are awaiting court transcripts before filing those requests with a regional California appeals court.

Both teens, Gage Stokes and Nikalus Overstreet, have had separate hearings at the end of September. Both have not entered pleas in adult court pending the review of those transcripts and the forthcoming, possible submission of what are known as extraordinary writs in the California Fifth District Court of Appeal in Fresno.

The Tuolumne County District Attorney’s Office has charged each of the teens with first-degree murder, attempted murder, first-degree residential burglary and arson of an inhabited structure after the body of 39-year-old Dionecia Valencia was discovered by firefighters responding to a fire at her trailer on Calle Quartz Road the morning of Aug. 13, 2019.

The teens are accused of stabbing and chopping Valencia to death the night before and setting fire to the trailer in an attempt to kill Valencia’s female friend, who was sleeping inside at the time and escaped.

Judges have previously ruled the teens will be tried as adults, though both were 16 at the time of the alleged acts.

Stokes has a further arraignment date set for Oct. 23, while Overstreet has the same set for Nov. 9.

Stokes did not appear in court on Wednesday and was represented by his attorney, James Newkirk, of Sonora.

Newkirk told Tuolumne County Superior Court Judge Kevin Seibert he was still awaiting the transcript from Stokes’ transfer hearing where it was determined he would be tried as an adult, but he expected it to be available by Friday.

Newkirk said he plans to review the transcript to determine if he has cause to file a writ on whether a judge abused his discretion by sending the case outside of juvenile court.

Presiding Judge Donald Segerstrom ruled Stokes would be tried as an adult following a two-day hearing in June.

Newkirk said the writ must be filed within 20 days of the arraignment.

Sonora attorney Clint Parish, who represented Overstreet during his three-day transfer hearing in July, previously said he was not qualified to file a writ challenging the ruling.

The Public Defender’s Office and the Conflict Counsel division have recused themselves from the case due to conflicts, so the court has been forced to seek another attorney from outside of the county.

On Sept. 21, Parish confirmed the court would be appointing another attorney to look into filing a writ in Over

street’s case.

Parish said at the time that he was still representing Overstreet in adult court.

Katherine Domenico, of the Chavez-ochoa Law Offices based in Valley Springs, agreed to represent Overstreet during a brief hearing on Monday.

Overstreet appeared in custody with two blackuniformed law enforcement officers.

Overstreet has been held in custody at the Mother Lode Regional Juvenile Detention Facility since he and Stokes were arrested on Aug. 13, 2019.

During the hearing on Monday, additional discussion was made about preparation of a transcript.

Both teens are anticipated to plead not guilty.

Stokes has been held in custody separately from Overstreet at a juvenile hall in Merced.