Kayla Missman
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The final day of the four of the five Cal Poly football players’ preliminary hearing ended with Judge Donald Umhofer deciding there was enough evidence to hold a trial in the case.
Arraignment is set for Feb. 9 at 8:30 a.m.
Cortland Fort, Jake Brito, Kristaan Ivory and Dominique Love were present, but Cameron Akins was not.
Along with the arraignment date, Umhofer issued several other decisions.
Umhofer said there was sufficient evidence that there was a conspiracy — a discussion and agreement that the five would go to the fraternity house and commit the robbery. Fort, Brito, Ivory and Love were intended as “muscle” for Akins, he said.
All were held to answer on count one, conspiracy to commit robbery, conspiracy to commit burglary and conspiracy to commit grand theft.
Brito and Ivory will only be held for the first count, since defense of withdrawal was sufficiently shown, meaning that there was no evidence that the two supported or contributed to the crimes. Umhofer also said there was insufficient evidence to prove that Brito and Ivory aided and abetted the crimes.
Fort, Love and Akins were held to answer on counts two through nine — series of attempted residential robberies, attempted residential burglaries, and false imprisonment — with arming enhancements.
Fort knew the plan and served as the “getaway driver,” according to the judge. Umhofer said if Fort did withdraw from the plan, he didn’t tell anyone; therefore, he is liable for the target crimes.
The judge said Love was in on the entire plan and is liable for all crimes that happened. Akins, the only charged defendant, was held to answer on counts 10, 11 and 12, a series of resisting an executive officer.
Umhofer also denied the request to reduce the charges to misdemeanors.