Jacobs Seeks Repeat Hearing in Diamond Bar Shooting Case

Murder defendant Kyle Christopher Jacobs, 26, is seeking a repeat of an April 12 preliminary hearing where witnesses revealed details of the that led to his arrest.

During a second arraignment hearing Thursday, Jacobs sustained a not guilty plea and the defendant's new attorney asked the court to consider dismissing the case to repeat a preliminary hearing that was held on April 12.

At the earlier hearing, three witnesses called by district attorney prosecutor Thuy Pham revealed details of the shooting that killed , a graduate of Walnut High School, with no cross-examination by Jacobs' attorney.

"I'm seeking to ask that the case be dismissed and that my client be granted a fair preliminary hearing," Jacobs' new attorney, Matthew Kaestner, said after Thursday's arraignment hearing.

Whether another preliminary hearing will be granted now depends on a court ruling that Kaestner said could be decided on Sept. 13.

Kaestner said proper cross-examination could have better established Modica's actions prior to being shot. And those details could be significant in building a case for the shooting being in self-defense, Kaestner said.

At the earlier hearing, neighbor Joshua Moloney testified as a long-time friend of the defendant and eyewitness to the shooting.

Moloney said he was helping his mother move at her home directly across the street from the scene of the crime on N. Del Sol Lane in Diamond Bar.

Some time after 10:30 a.m. on April 7, Moloney said he heard Modica's gray primer-painted Chevy Caprice pull up and park in the middle of the street.

"I had heard the bass, which caught my attention," Moloney said.

Moloney said Jacobs and Modica, who remained in his car, began an argument that was interrupted briefly by a Sheriff's department volunteer van pulling through the neighborhood.

"The Astro van had to tap their horn so (Modica) would move out of the way," Moloney said.

Detective Albert Garcia of the Los Angeles County Sheriff's Walnut station said he was called out to a similar argument between the two men just days before, on April 1. Jacobs and Modica were roommates at the time, Garcia said.

After the sheriff's van passed on the day of the shooting, Modica pulled back to the middle of the street and the two continued to argue, Moloney said.

"It sounded along the lines of 'you didn't give me all my stuff,'" Moloney said.

A following the shooting found several code violations, including "hoarding conditions" and an unpermitted motorcycle and automobile repair operation that was based at the home.

According to Modica's family members, he had become a welder in his late 20s and enjoyed it

Eventually, Moloney said, Modica exited his car and approached Jacobs in the driveway.

"How far were they apart at this point?" prosecutor Pham asked.

"Maybe arm's length."

"And what happened next?"

"A shot went off."

Moloney said he was across the street when he saw Jacobs fire one shotgun shell at Modica, who fell to the ground.

The shot hit Modica in the right eye, said Sgt. John O'Brien of the sheriff's department's Homicide Bureau.

"(I) went into the middle of the street and told (Jacobs) to stay still, calm down and wait, the police are coming," Moloney said.

Moloney said Jacobs responded, "I know," before crossing himself, unloading the shotgun, and setting it atop an parked in the driveway.

Kaestner said the defense will look to Modica's criminal record in building its case that the shooting was in self-defense.

"It was very clear that (Jacobs) was on his own property and was approached by a man who threatened him," Kaestner said.

Jacobs is scheduled to appear in court next on Sept. 13 at the Pomona Courthouse. He is currently being held on $2 million bail.

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Read the full transcript of the April 12 preliminary hearing.