Fraser Bohm loses motion to dismiss murder charges

By Judy Abel · Mon Jul 27 2026

Defendant makes court appearance with many supporters in attendance

A Los Angeles Superior Court judge on Monday denied a defense motion to dismiss murder charges against Fraser Michael Bohm, clearing the way for the 24-year-old to stand trial in September for the crash that killed four Pepperdine University students in October 2023.

In a standing room only courtroom filled with many Bohm supporters, Judge Thomas Rubinson rejected the defense's claim that prosecutors violated their legal obligation to disclose potentially favorable evidence before Bohm's preliminary hearing, ruling that the alleged undisclosed information either was not in the possession of the prosecution or was available to the defense through other sources.

Bohm is charged with four counts of murder and four counts of vehicular manslaughter with gross negligence in connection with the Oct. 17, 2023, crash along Pacific Coast Highway that claimed the lives of Pepperdine seniors Niamh Rolston, Peyton Stewart, Asha Weir and Deslyn Williams.

The ruling marks the latest unsuccessful effort by Bohm's legal team to have the murder charges dismissed. Defense attorneys previously sought dismissal in November 2025, arguing there was insufficient evidence to support the murder allegations. That motion was denied, and subsequent appeals, including one to the California Supreme Court, were unsuccessful.

Monday's motion centered on the U.S. Supreme Court's landmark decision in Brady v. Maryland, which requires prosecutors to disclose material exculpatory or impeachment evidence in their possession. Defense attorney Alan Jackson argued prosecutors failed to disclose evidence that could have been used during Bohm's preliminary hearing to challenge whether his alleged conduct met the legal standard for implied malice murder.

Jackson stressed that the motion was not intended to diminish the magnitude of the tragedy. "It's not a motion about whether or not the collision was devastating," Jackson told the court. "Everybody in this courtroom knows that it was. It's not a motion about whether speed is inherently dangerous. It is, we can all agree on that.

"But implied malice murder requires more than just tragedy and danger," Jackson continued. "It requires proof that the natural and probable consequences of that act and that act alone... is nearly certain to cause death."

The defense argued prosecutors should have disclosed crash data and safety analyses compiled by the California Highway Patrol, the Los Angeles County Sheriff's Department, the City of Malibu and Pacific Coast Highway safety task forces. Jackson contended the information demonstrated that fatal crashes make up only a small percentage of collisions along the highway and therefore undermined the prosecution's argument that speeding alone creates a high probability of death.

Jackson also cited deposition testimony in a civil case from former Malibu/Lost Hills Sheriff's Station Capt. Jennifer Seetoo, who reportedly stated that vehicles traveling 100 mph on Pacific Coast Highway "happens every single weekend" in Malibu. The defense additionally pointed to statements made by Peyton Stewart's father, Barry Stewart, during legislative hearings on Senate Bill 1297, a police report involving a fatal crash that killed one of Bohm's friends, and data extracted from Bohm's cell phone after the preliminary hearing.

According to Jackson, the phone extraction showed no user interaction between approximately 8:15 p.m. and 8:30 p.m. on the night of the crash, evidence he argued could have impeached testimony from witness Victor Calandra, who suggested Bohm may have been looking at his phone while stopped at the intersection of PCH and Las Flores Canyon shortly before the collision.

Jackson also argued Bohm's statements to deputies about previously losing a friend in a speeding-related crash were misleading because that collision was primarily caused by a drunken driver rather than excessive speed.

Deputy District Attorney Nathan Bartos countered that the defense fundamentally mischaracterized the prosecution's theory. Bartos maintained prosecutors rely on far more than Bohm's alleged speed of approximately 104 mph. He argued the circumstances included a heavily traveled section of PCH with pedestrian crossings, warning signs, nearby homes, other vehicles, trash containers and what he described as abundant "evidence of life."

He also noted that Bohm's alleged speed was unprecedented for that 0.8-mile stretch of PCH and argued that relying solely on collision statistics ignored the unique facts of the case.

Regarding the cell phone evidence, Bartos told the court prosecutors were unable to conduct a full extraction before the preliminary hearing because Bohm declined to provide his passcode, preventing investigators from accessing the data. Once additional information became available, prosecutors promptly disclosed it to the defense, he said.

Bartos further argued that Bohm's statements about his friend's fatal crash were relevant because they demonstrated his awareness that excessive speed can be deadly, an important element in establishing implied malice.

After hearing arguments, Rubinson issued a detailed ruling from the bench, rejecting each of the defense's claims.

The judge found the crash reports and traffic analyses had "no connection to the criminal charge of the defendant" and therefore were not part of the prosecution team's Brady obligations. He also noted the defense acknowledged it was able to obtain the information independently.

Rubinson questioned the usefulness of the statistical crash data, stating there were "simply too many variables that the data does not control for" and that the defense's reliance on it was "misplaced."

He similarly ruled that Seetoo's deposition testimony and Barry Stewart's legislative comments were unrelated to the prosecution and were never in the district attorney's possession.

Addressing the cell phone evidence, Rubinson concluded prosecutors had disclosed all information that was actually or constructively in their possession before the preliminary hearing and complied with their discovery obligations once additional data became available.

Rubinson concluded Bohm "was not denied a substantial right to a fair preliminary hearing" and found no Brady violation occurred. He added that even if such a violation had existed, he did not believe it would have changed the original probable cause determination supporting the murder charges.

The fatal crash sent shockwaves through Malibu, the Pepperdine University community, and beyond. Rolston, Stewart, Weir and Williams were all seniors expected to graduate with Pepperdine's Class of 2024 and later received posthumous degrees. The tragedy also intensified calls for improved safety along Pacific Coast Highway. 

Bohm has remained free on bond. Pretrial motions are scheduled for Sept. 2, with jury selection set to begin Sept. 8.