A Palo Alto judge held Otto Emil Koloto, 23, of Gilroy, and Donald Robert Lee, 22, who is not from Gilroy, to answer for their charges after their preliminary hearing earlier this month. Koloto pleaded not guilty to murder and second degree robbery charges.

Lee, whose murder charge was reduced to an accessory charge, also pleaded not guilty, according to Amy Cornell, a spokeswoman for the Santa Clara County District Attorney.

After months of searching, police found Koloto hiding out in a South San Jose condominium and arrested him Oct. 2, 2008 for the shooting death of 27-year-old Philip Lacy, a South San Francisco resident.

About 2 a.m. July 13, 2008, Koloto shot and killed Lacy during a street robbery that spiraled out of control, police said. Lee was at the scene of the crime and was Koloto's accomplice, police said. Lacy had been waiting for friends near the Palo Alto City Hall parking garage after a night of bar hopping, police said. He died from his wounds several days later at Stanford Hospital.

A trial setting hearing will be held 1:30 p.m. Aug. 12 in Department 24 of the Hall of Justice in San Jose.