Legal Proceedings Restart Against Alleged Killer of Emily Shane

The case against Sina Khankhanian, the man accused of striking and killing Malibu eighth-grader Emily Shane last year with his vehicle, has been restarted. He pleaded not guilty to a charge of second-degree murder Tuesday afternoon at the Airport Courthouse. Khankhanian will remain in jail on $3 million bail. His attorney told the judge Khankhanian could not afford the bail amount.

Khankhanian's trial was supposed to begin this week, but prosecutor Marna Miller cannot start the case because several eyewitnesses are not available to testify, she told Malibu Patch. Because of timeline requirements for the legal proceedings, the process needed to restart.

Los Angeles Superior Court Judge Stephanie Sautner dismissed the murder charge against Khankhanian Tuesday morning. He appeared in the courthouse again several hours later for his arraignment after the charge was refiled. A preliminary hearing will begin Sept. 27. Miller told arraignment Judge Keith Schwartz that she expected the preliminary hearing to take two days.

A trial could begin in December.

Various scenarios could happen with the preliminary hearing, including the judge deciding that Khankhanian should receive a reduced charge. His attorney, Bradley Brunon, told Malibu Patch Tuesday morning that Khankhanian should be charged with gross vehicular manslaughter.

"That is what this case really is, but [Miller] seems adamant about not doing that," Brunon said.

Brunon last week attempted to get the gross vehicular manslaughter charge added against his client. He said Khankhanian did not intend to kill Emily when his car struck her April 3, 2010 on Pacific Coast Highway near the Heathercliff Road intersection. Brunon said it would be inappropriate to limit a jury's choices to finding his client guilty of murder or letting him go free.

Los Angeles Superior Court Judge Katherine Mader said she did not have the power to add the reduced charge, but she also said she believed the murder charge was appropriate.

Miller said second-degree murder was the only appropriate charge. Citing the prosecution's allegation that Khankhanian had intended to kill himself, she compared the situation to a person who attempts to shoot himself, but instead shoots and kills another person. This person would be charged with murder, said Miller, arguing that the same charge should apply to Khankhanian.