File photo.


Tse-Lin Lincoln and William Randolph Billy Warren were formally charged with murder Friday, following the death of 17-year-old Dylan Moon from injuries sustained in a shooting in Hoopa. 

A prosecutor said the District Attorney’s office had not yet made a decision on whether they would pursue the death penalty.

Judge Steven Steward read charges in the amended complaint aloud to the codefendants in the courtroom Friday morning. Murder charges were sought by prosecutors after Moon died of his injuries last week following the March 10 shooting.

Warren and Lincoln each ultimately pleaded not guilty on all counts Friday, and denied all allegations and enhancements. They remain incarcerated on no-bail holds.

When it was time for Warren to enter his plea, his attorney Rebecca Linkous brought up the death penalty. She asked if the prosecution was prepared to waive the death penalty, as the new charge made it a death penalty case, and urged compliance with Marsy’s Law.

Deputy District Attorney Roger Rees said the office had not discussed the topic with the victim’s family — but would not need much time to do so.

Linkous also called for the court to ensure the defense attorneys were qualified to represent clients in a death penalty case — she noted she was qualified and ready to assemble a team.

Later, after the hearing was reconvened to give the District Attorney’s office a chance to speak with the victim’s mother, Lincoln’s attorney Ken Bareilles informed the court “I’ve never had a death penalty case before,” and said he did not want to jeopardize a trial if a new attorney later had to be appointed who was trained on capital punishment.

Linkous argued the case should be treated as a death penalty case, until it is waived on the record.

Rees informed the court “at this time, the people are not committed to a decision,” regarding the death penalty, but said the office would decide prior to a scheduled hearing next month.

Andrea Sullivan was appointed to represent Lincoln, after a conference between the judge and attorneys, something she agreed to while attending the hearing over Zoom. A hearing to confirm this appointment is scheduled for next week. Conflicts have been declared with the Public Defender’s office for both defendants, and the arraignment was previously postponed due to the appointment of a new attorney.

The pair previously pleaded not guilty to the six felonies they were initially charged with. Originally, the codefendants were charged with four counts of assault with firearms against five total victims, along with attempted murder and shooting at an occupied vehicle — they face multiple enhancements for participation in a criminal street gang. The amended complaint replaced attempted murder with murder.

Three juveniles have been arrested for the same incident. One was booked on similar charges as Lincoln and Warren, while the remaining two were booked solely for participation in a criminal street gang. Juvenile court proceedings are confidential.

PREVIOUSLY