The two men arrested for allegedly killing a Native American man in Shasta County on Saturday were in court for their arraignment Wednesday afternoon.
27-year-old Sonny Moss Potts was shot and killed in Big Bend. The call came in at 4:48 a.m. Saturday from Big Bend Rancheria in northeast Shasta County. Deputies said the Native American man was shot at a residence about a quarter-mile past the Pit Stop store on Big Bend Road.
28-year-old Noah Ryan Potts is being charged for murdering his brother, Sonny, and 25-year-old Colin Kennedy is being charged with conspiracy to commit murder.
In a Shasta County sheriff summary report, Kennedy told detectives that he witnessed Noah Potts shoot his brother twice in the head.
Noah told deputies that his brother had just gotten released from prison about a year ago and had sexually assaulted him on more than one occasion. According to the report, Noah said that Sonny would pin him against the wall and grab his genitals.
The night of the shooting, Noah told detectives that Sonny gave him a hug and again grabbed his genitals. In the summary, Noah said he and Kennedy went out deer hunting earlier that day, and that's when they came up with the plan to kill Sonny.
When they got back to the house, Noah tried several times to get the courage to shoot Sonny, but couldn't initially follow through with it. Kennedy went inside the home first and Noah followed inside shortly after. Kennedy then asked Noah, "Are we gonna do this?" with no reply.
Noah then allegedly shot Sonny with a rifle in the head, twice. Based on the investigation, detectives believe both and Kennedy and Noah had planned to kill Sonny.
In court for their arraignment Wednesday, the defense attorney claimed that both Noah and Kennedy had their rights violated. The defense said they planed to file a motion to dismiss the case because both Noah and Kennedy were arrested without a warrant, and because they were not arraigned within 48 hours.
Sonny's autopsy was performed on Monday. Within four to six weeks his cause of death will be released along with toxicology reports.
Noah and Kennedy will be back in court on November 21st for their preliminary hearing.