VALENTIA native John Michael O'Sullivan was shot twice in the back and once in the side, according to prosecutors who successfully applied to have bail denied his alleged murderer Ken Zimmerman at court in Amador County.

The details emerged as prosecutors and defence attorneys argued over Mr Zimmerman's flight risk during a tense Superior Court bail hearing.

It was the first time the exact nature of Mr O'Sullivan's fatal injuries had come to light. Also heard for the first time during the hearing was the claim by public defender Kyle Smith that Mr O'Sullivan had run over his neighbour's feet with his tractor when he burst onto Mr Zimmerman's property.

Emotions among both families ran high in the court room as the hearing commenced, with a number of friends and family of the Valentia man openly weeping at the outset.

Deputy District Attorney Steven Hermanson told Superior Court judge Dave Richmond that Mr O'Sullivan had been shot twice in the back and once in the side while trying to flee Mr Zimmerman. Mr Zimmerman was booked on one count of murder the night of the killing.

Mr Smith however argued his client posed no flight risk and had lived as a model citizen of Amador County for nearly four decades.

"This court is filled with people this morning who would speak to the fact this is his home and that there's nowhere else he would want to go," Mr Smith told Judge Richmond, describing his client as a 'hardworking individual' who 'embodies the principles' his community stands for.

Mr Smith described the incident, which his client has allegedly admitted to police, as an 'isolated one'.

According to the prosecution, however, Mr O'Sullivan's surviving family are now frightened by the prospect of Mr Zimmerman's release, following threats he is alleged to have made to John Michael O'Sullivan's wife, Krista, on the night of the shooting.

Deputy DA Hermanson told the court Mr Zimmerman made a criminal threat against her when he rang Krista O'Sullivan on the night and said 'you're f***ing dead'.

"Your honor, from the 911 call Mr Zimmerman made that night to dispatchers, in which he claimed 'you better get here quick before I shoot him,' we can see that when Mr Zimmerman makes a threat, he is fully capable of acting on that threat. His release poses a danger to Ms. Clem," Mr Hermanson said.

It was also said that when asked what Mr O'Sullivan was doing at the time he was shot, Mr Zimmerman replied to police 'hauling ass out of here'.

Zimmerman sat shaking his head throughout the prosecuting argument and his attorney said the comment about 'hauling ass' had been taken out of context. Judge Richmond ultimately denied bail saying: "It may have been an isolated incident, but it resulted in the loss of a life ... Statements by Miss Clem about possible threats are also very concerning to this court. At this time, bail is denied."

- DÓNAL NOLAN dnolan@kerryman.ie