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mcnabb, brian

Brian McNabb

A resolution may soon be reached in the case of a Santa Maria man accused of assaulting a family member and violating a restraining order after his older brother went on a violent rampage and killed three people inside an Orcutt gated community on Dec. 28. 

Brian Charles McNabb, 40, will return to court Jan. 16 at Santa Maria Superior Court to set a preliminary hearing date. The prosecution on Wednesday morning indicated that settlement negotiations are ongoing.

McNabb has entered a time waiver for a speedy preliminary hearing through the month of February. 

On Tuesday during arraignment, McNabb pleaded not guilty to one felony count of battery causing serious bodily injury against a female victim identified only as Jane Doe, according to his complaint filed by the District Attorney's Office on Monday, Jan. 7. 

The complaint alleges that the assault violation occurred Dec. 30, two days after the deaths of his sister Nicole McNabb, 34, his mother Melanie McNabb, 64 and his mother's boyfriend, Carlos Echavarria, 63. All three were beaten and stabbed allegedly by David McNabb, 43, who was fatally shot by sheriff's deputies when they responded to the family's home at Oakhill Estates just after 8 p.m. on Dec. 28. 

Brian McNabb was arrested Dec. 30 for previously assaulting a family member inside his Santa Maria home, according to the Santa Barbara County Sheriff's Office. Brian McNabb was already charged with one misdemeanor count of violating a restraining order, which had been filed against him by his ex-wife. 

Neither of his charges are related to the Dec. 28 slayings, according to officials. 

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Gina Kim covers crime and courts for Santa Maria Times. Follow her on Twitter @gina_k210