Cole update: now to be sentenced Sept. 27

by Tom Nadeau

The re-trial of suspected killer Todd Allen Cole Jr. expected to open Tuesday was instead rescheduled for judgment and sentencing in Yuba County Superior Court at 9 a.m. Sept. 27 in Department 35.

Cole is accused of stabbing Scott Malmstrom to death in July 2009 in the victim’s apartment in the 1400 block of North Beale Road, East Linda.

5 possible counts ...

Cole faced charges of murder, voluntary manslaughter, special allegations of being a felon at the time of the alleged crime and assault with a deadly weapon.

He apparently reached a plea agreement with the prosecution, but it was unclear what the terms of that agreement might be.

The sentencing judge is Kathleen O’Connor.

Investigators reported Malmstrom being stabbed 17 times. The wounds included a slashed carotid artery.

Cole's fingerprints and footprints were found in Malmstrom's blood, according to testimony in earlier proceedings.

A mistrial was declared in the first proceedings in People v. Cole, #09-469, after the jury announced it was deadlocked and unable to reach a unanimous verdict.

News outlets reported at the time that the jury has hung, 10-2, with most favoring a guilty verdict.