Defendants will go back to court in June.
By McKenzie Jackson / Special to The Malibu Times
The start of the trial of two Malibu residents accused of attacking a paparazzo at Little Dume Beach in 2008 was postponed for three months on Monday.
Los Angeles Superior Court Judge Lawrence J. Mira declared a mistrial in the case against Skylar Peak, 25, and Phillip “John” Hildebrand, 31, after he learned that Peak’s mother, Denise Peak, was involved in a car accident on March 27 on Decker Canyon Road.
Hildebrand’s lawyer, Harland Braun of the Law Offices of Harland Braun in Los Angeles, said Monday afternoon that Mira declared a mistrial because it was “too emotional for a son to sit there while his mother is in intensive care.”
Shiara Davila, a spokesperson with the Los Angeles District Attorney’s office said Peak and Hildebrand will next appear in court on June 4 for pretrial motions.
Prosecutors have charged Peak and Hildebrand, both surfers, with misdemeanor battery. If convicted, they could each face up to six months in a jail and a $2,000 fine.
Sgt. Phil Brooks of the Los Angeles Sheriff’s Department’s Malibu/Lost Hills Station said at 11:20 a.m. on March 27, Denise Peak was driving an SUV southbound on Decker Canyon Road when her car went off the road.
“She was just driving her car and it went off the edge,” he said. “We haven’t figured out why.”
Brooks said he was unsure of who made the 911 call but when Peak was pulled from her vehicle she was airlifted to the Ronald Reagan Medical Center on the campus of UCLA in Los Angeles. She suffered several contusions and bruises.
“She was conscious,” he said. “We couldn’t get a statement, because she was somewhat incoherent when we tried to interview her.”
The extent of Peak’s condition was not known as of press time.
Skylar Peak’s and Hildebrand’s case grabbed headlines in the summer of 2008. The two were in the midst of a June scuffle between local surfers and a dozen paparazzi that were taking pictures of actor Matthew McConaughey while he was surfing.
Several paparazzi reported injuries and equipment destruction from the fight.
Peak and Hildebrand were charged specifically for the alleged dragging of French paparazzo Rachid Aitmbareck into the ocean and kicking him.
Law enforcement officials used video taken of the incident to bring charges against Peak and Hildebrand. Defense attorneys for the two have refuted the video saying it was edited and does not truthfully display what happened.