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Judge refuses to dismiss murder charge against Petaluma man

Published: Monday, April 11, 2011 at 6:08 p.m.
Last Modified: Monday, April 11, 2011 at 6:08 p.m.

A Sonoma County judge has denied a motion from a Petaluma contractor to dismiss a charge that he murdered his wife.

In a five-page ruling dated Saturday, Judge Arthur Wick said there was “more than sufficient evidence” to support an allegation from prosecutors that Kenneth Mullennix, 50, shot to death Buapha Mullennix, 37, in January 2010.

Mullennix's lawyer last week sought the dismissal on grounds the killing came in the heat of passion when the woman flaunted her affair with another man.

Attorney Karen Thompson argued Mullennix was provoked and in a drunken state and should be charged with voluntary manslaughter at most.

But prosecutors responded Mullennix acted willfully and deliberately. Christine Cook, assistant district attorney, argued Mullennix knew his wife was cheating on him and placed a tracking device on her car before he shot her dead in their home.

At a preliminary hearing earlier this year, Judge Dana Simonds found there was enough evidence for a murder charge. Mullennix was ordered to stand trial.

Wick agreed with Simonds' finding.

“If it appears that a public offense has been committed and there is sufficient cause to believe the defendant is guilty, the defendant must held to answer,” he wrote.

A Sonoma County judge has denied a motion from a Petaluma contractor to dismiss a charge that he murdered his wife.

In a five-page ruling dated Saturday, Judge Arthur Wick said there was “more than sufficient evidence” to support an allegation from prosecutors that Kenneth Mullennix, 50, shot to death Buapha Mullennix, 37, in January 2010.

Mullennix's lawyer last week sought the dismissal on grounds the killing came in the heat of passion when the woman flaunted her affair with another man.

Attorney Karen Thompson argued Mullennix was provoked and in a drunken state and should be charged with voluntary manslaughter at most.

But prosecutors responded Mullennix acted willfully and deliberately. Christine Cook, assistant district attorney, argued Mullennix knew his wife was cheating on him and placed a tracking device on her car before he shot her dead in their home.

At a preliminary hearing earlier this year, Judge Dana Simonds found there was enough evidence for a murder charge. Mullennix was ordered to stand trial.

Wick agreed with Simonds' finding.

“If it appears that a public offense has been committed and there is sufficient cause to believe the defendant is guilty, the defendant must held to answer,” he wrote.

A Sonoma County judge has denied a motion from a Petaluma contractor to dismiss a charge that he murdered his wife.

In a five-page ruling dated Saturday, Judge Arthur Wick said there was “more than sufficient evidence” to support an allegation from prosecutors that Kenneth Mullennix, 50, shot to death Buapha Mullennix, 37, in January 2010.

Mullennix's lawyer last week sought the dismissal on grounds the killing came in the heat of passion when the woman flaunted her affair with another man.

Attorney Karen Thompson argued Mullennix was provoked and in a drunken state and should be charged with voluntary manslaughter at most.

But prosecutors responded Mullennix acted willfully and deliberately. Christine Cook, assistant district attorney, argued Mullennix knew his wife was cheating on him and placed a tracking device on her car before he shot her dead in their home.

At a preliminary hearing earlier this year, Judge Dana Simonds found there was enough evidence for a murder charge. Mullennix was ordered to stand trial.

Wick agreed with Simonds' finding.

“If it appears that a public offense has been committed and there is sufficient cause to believe the defendant is guilty, the defendant must held to answer,” he wrote.

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