Prosecutors today added a special-circumstance murder count to the charges faced by a second defendant in the fatal New Year's Eve bar shooting in Old Sacramento.
The District Attorney's Office filed the new murder count against Charles Wesley Fowler-Scholz, 34, in the shooting at the Sports Corner Cafe in which Gabriel Cordova, 35, and Daniel Ferrier, 36, were slain. .
Fowler-Scholz had previously been accused of assault with a deadly weapon. His attorney, Daniel A. Nicholson, said the prosecutors filed the murder charge on an aiding and abetting theory. Deputy District Attorney Anthony Ortiz declined to comment.
Prosecutors also filed a special-circumstance allegation against Fowler-Scholz of multiple murders. The accused gunman in the case, Carlito Montoya, 22, also faces the multiple killing allegation. It could bring the death penalty for both Montoya and Fowler-Scholz if they are convicted, although the District Attorney's Office has not yet decided whether to pursue capital punishment.
A third defendant, Amber Olivia Scholz, 36, the wife of Fowler-Scholz, is facing assault with a deadly weapon charges. Authorities say she set the shooting into motion when she reacted angrily to a beer that had accidentally been spilled on her, which prompted the fight between her husband and Cordova. According to investigators, Montoya, amid the fighting, shot Cordova and Ferrier, a security employee at the bar.