Road Rage Killing: Judge Sets $3 Million Bail, Defense Likely to Appeal Decision

The attorney for a Livermore man charged in the killing of a Fremont man over a said he will likely appeal the court's decision to set a $3 million bail to keep his client in custody.

Judge Jacob Blea III set the bail Friday in Department 701 of the Gale-Schenone Hall of Justice in Pleasanton. He agreed with the district attorney's office that Cort Holbrook should remain in custody at Santa Rita Jail in Dublin.

"(The attorney) convinced me that the defendant is a threat to the public," Blea said. "Mr. Holbrook presents an extreme danger to the community."

In his court appearance, Holbrook, 41, was dressed in a yellow inmate suit and prescription glasses. His attorney, Eric Schweitzer, has said the killing was done in self defense.

"Did he bite off more than he can chew? Obviously," Schweitzer said. "Does that make him a tough guy and a menace to society? No."

In a with Livermore Patch during jailhouse visiting hours, Holbrook said he is a software programmer, married and a father of two children who recently graduated from the police citizen's academy.

Alameda County Deputy District Attorney Chris Lamiero described Holbrook as "the kind of guy who likes to think of himself as a tough guy."

During the , Holbrook just picked on the wrong guy, of Fremont, Lamiero said.

Ziesmer, 48, did not tolerate the heated exchange of words he had with Holbrook, Lamiero said.

The altercation began on First Street in Springtown.

Holbrook, who was driving his 2003 Chevy Silverado pickup, told police that Ziesmer started the incident by drifting into his lane several times and nearly colliding with him, according to a filed in court by the .

Ziesmer was driving a 2002 Chevrolet Cavalier owned by his girlfriend, of Newark, who was in the passenger seat.

Her account differs.

Morgan said in an with Livermore Patch that Ziesmer merged into a lane on First Street when Holbrook, who was driving behind them, blared his vehicle's horn.

Holbrook and Ziesmer would eventually pull into a downtown parking lot on Old First Street near the and .

During the altercation in the parking lot, Ziesmer punched Holbrook in the face, knocking him to the ground, according to the probable cause statement.

After this Ziesmer walked away because he was done proving his point, Lamiero said.

Holbrook then pulled himself off the ground. He reached for his cell phone and attempted to take a picture of Ziesmer to assist police, Schweitzer said.

After Holbrook pulled out his cell phone, Ziesmer charged back toward Holbrook, Schweitzer said.

As the confrontation continued, Holbrook reached into his driver's door compartment, retrieved a dagger and stabbed Ziesmer in the upper chest, according to court records.

Lamiero described the weapon used in the stabbing as being in a "T" shape.

"It is a knife designed to stab a human being," he said. "This man is dangerous, unstable and has no business walking the streets. I don't think he should have any bail. I don't think he should walk out period."

Prior to making his decision, Blea asked Schweitzer why Holbrook did not drive away after the first attack.

Schweitzer said Holbrook wanted to take a picture of Ziesmer to help police make an arrest.

"What did he do to provoke a second attack?" Schweitzer asked.

After Holbrook's court appearance, Schweitzer told reporters he plans to review the judge's decision and likely will have a higher court review it.

Attorneys working the case are scheduled to meet for an interim pre-trial on June 24. A preliminary hearing on the case is scheduled to begin at 2 p.m. July 21 in Department 703 of the Gale-Schenone Hall of Justice. If necessary, the hearing would continue all day on July 22.