Murder Charges Refiled in Teen-Ager’s Death : Van Nuys: Two alleged accomplices of a 17-year-old killed in a foiled robbery attempt are arraigned.

Challenging a ruling by a Municipal Court judge, prosecutors have refiled murder charges against two alleged accomplices of a former Glendale High School football star killed by a sheriff’s deputy in a foiled robbery.

Ian Jerde, 19, and Abel Tianti Cason, 18, were arraigned Monday in Van Nuys Superior Court on charges of murder and conspiracy to commit robbery. Both charges are in connection with the Nov. 13 shooting of Shawn Cole, 17, by off-duty Deputy Robert Carr.

Under state law, all participants in a crime that causes a death, even the death of an accomplice, can be tried for murder.

Following a preliminary hearing in December, Judge Jessica Perrin Silvers ruled that the facts presented did not justify bringing Jerde and Cason to trial on murder charges. Silvers ruled that the two should be tried only for conspiracy to commit robbery.

However, when a case reaches the trial level at Superior Court, prosecutors have the authority to refile charges and challenge such a ruling by a Municipal Court judge.

Larry Diamond, assistant head deputy district attorney for the Van Nuys Courthouse, said the murder charges were refiled to “preserve our options,” and that a final decision will be made within a few days whether to pursue the charges.

According to testimony at the preliminary hearing, Jerde, Cason, Cole and Andrew Wright, 18, drove from Glendale to Van Nuys looking for someone to rob.

Shortly after midnight, they spotted Carr parking his auto on a street near his home on Norwich Avenue. Carr testified that Cole approached him with a gun--which resembled a semiautomatic pistol, but was actually a BB gun--and demanded money.

Carr, who was not in uniform, drew his gun and fired three shots at Cole, killing him. Carr said he then spun around and fired at Cason, who was standing behind him, but missed as Cason ran away.

Wright--who was granted immunity in exchange for his testimony--and Jerde had remained in the car. Carr held them until police arrived.

Prosecutors originally filed murder charges against Jerde and Cason, accusing them of willingly taking part in an armed robbery that caused a death. But Silvers agreed with defense attorneys that there would have to be evidence of an additional provocative act toward Carr by the two men to sustain a murder charge.