Judge won’t dismiss murder charges in New Year’s Eve shooting

A Sonoma County Superior Court judge denied defense attorneys’ requests Wednesday to dismiss murder charges against their clients in a New Year’s Eve shooting in west Santa Rosa that left a 20-year-old man dead.

Joseph Mario Varela, 16, and Manuel Khiobouakham, 20, will face trial in February in the death of Damien Wadell Toney Jr., who was shot twice in the chest outside a Piner Road apartment complex where all three of the young men had attended a party.

Varela’s attorney, Colin Cooper of Berkeley, argued that his client acted in self-defense and there was no evidence of malice aforethought, a necessary element of first-degree murder.

Toney was beating up the mother of his child when others tried to stop it, Cooper said. Varela then jumped in to help the woman, becoming the target of Toney’s anger and threats, he said.

“It was a complete self-defense,” Cooper said.

Toney followed Varela around a corner, said “I got something for you,” and was reaching for his waistband when Varela fired, he said.

Khiobouakham’s attorney, Joe Stogner, argued there was a “vast mountain of inconsistencies” in witness statements that targeted Khiobouakham. He said there is no competent evidence he was involved.

Judge Julie Conger denied defense attorneys’ motions seeking dismissal of the murder case, saying there was sufficient evidence to argue the charges before a jury.

Conger set a Feb. 6 trial date.