Man accused in Dec. 28 homicide appears before Carson City judge
The man accused in the Dec. 28 shooting and killing of a Carson City man on an East William Street sidewalk went before a judge Friday morning.
Carson City Judge Kristin Luis has set a pre-preliminary court date for 9:30 a.m. Jan. 13 for Samuel William Cocking, accused in the murder of Phillip Eubanks, 41. A preliminary hearing has been set for Jan. 23, 2 p.m.
The Carson City District Attorney's Office said it needed more evidence discovery time in the case. Cocking has not been assigned a public defender and remains in custody without bail. The suspect said during the brief court appearance that he wanted his family to hire an attorney.
Prosecutors have charged Cocking with shooting and killing Eubanks during a confrontation on a sidewalk in the 400 block of East William Street in Carson City.
Cocking is in custody at Carson City Jail on charges of open murder, possession of an altered/removed firearm serial number and carrying a concealed weapon without a permit.
Carson City District Attorney Jason Woodbury filed notice Thursday that his office will not seek the death penalty against Cocking for his alleged role in the Dec. 28 homicide of Eubanks.
The absence of “aggravating factors” in the incident drove the decision, according to Woodbury.
“Nevada law lists 15 circumstances that aggravate first degree murder,” said Woodbury. “A defendant cannot be sentenced to death unless one or more of those factors is proved beyond a reasonable doubt, and the aggravating circumstances outweigh any mitigating circumstances.”
Woodbury explained his office reviewed the evidence thoroughly before concluding none of the aggravating factors identified by Nevada law exist in this case. The prosecuting team on the case met with the family of Eubanks to discuss the issue before making a final decision.