Defense in Fatal Explosion Case: Murder Will Be Difficult to Prove

Defense attorneys working the case on Wednesday said the murder charge their clients face will be difficult to prove.

Evan Aviles, 22, and his girlfriend, Lexie Hutson, 23, briefly appeared in Pleasanton court Wednesday and had their plea postponed to July 12. The two .

Police said the illegal drug activity — reported May 21, 2011 — at Aviles' residence on Silver Oaks Way led to an apartment explosion, which critically injured Aviles, Hutson and .

Lom, 35, succumbed to his wounds five days later.

"The (district attorney) will have difficulty proving the murder," said Attorney Mario Andrews, who is representing Aviles.

Andrews said he can see a possible murder-suicide from the district attorney's "theory" that Aviles, Hutson and Lom participated in making hashish oil as a disregard to human life.

"That's the only way if the intent was to kill," Andrews said in an interview after Aviles' and Hutson's court appearance.

Evidence showed Aviles, Hutson and Lom were actively manufacturing hashish oil and used highly flammable liquid butane to extract the oil, police said.

While engaged in the manufacturing of the controlled substance, an unknown amount of highly flammable gas pooled on the floor, which led to the explosion, police said.

"I believe Evan and Hutson acted in conscious disregard for human life by participating in the dangerous manufacturing of hashish oil in an unventilated apartment, which resulted in the unlawful killing of Lom," Livermore Police Detective John Reynolds said in a police report. "They knew, or should have known, the manufacturing process using butane extraction was dangerous to human life."

David Bryden, who is representing Hutson, told a reporter that he felt the district attorney overcharged in the case. He also requested on Wednesday that the court help Hutson receive medication for her burn injuries while in custody.

Hutson and Aviles are being held in Santa Rita Jail in Dublin with no bail.

The two are scheduled to return to court for a plea at 9 a.m. July 12 in Department 701 of the Gale-Schenone Hall of Justice in Pleasanton.