Jun 30, 2016

Female victim in McMullen motel homicide 19 years old, shot involved in death believed to be semi automatic rifle

Eureka Police Department held a press conference this afternoon at 4:30 regarding the homicide at the McCullens motel this morning.

Two firearms were seized by EPD. One shotgun,one semi automatic rifle, the latter believed to be the weapon used in the shooting.

7-10 gunshots fired. The female victim who died at the hospital "suffered a single gun shot wound to the torso."

While the police know that the shooting was a result of the dispute between two men, one who drove the female to the hospital, they do not kbow details of the dispute or the relationship between the male and female.

Name of victim being withheld until next of kin notified. Name of suspect will be released but not right now as ongoing investigation.

Captain Brian Stephens requested that even if media learns any information in social media to hold off until next morning so tgey can wrap up their interviews with witnesses.



EPD Press Release:



    
On June 30, 2016, at approximately 3:04 a.m., officers from the Eureka Police Department responded to reports of shots fired near the intersection of Iowa and McCullens.  

As the first officer arrived to investigate, he noticed a vehicle traveling at a high rate of speed with obvious gunshot damage to the body of the vehicle.  The officer attempted an enforcement stop on the vehicle, but the driver failed to yield.  Officers pursued the vehicle at speeds between 70 and 80 miles per hour.  The pursuit ended when the vehicle pulled into the St. Joseph Hospital parking lot.  

Officers learned there was a female gunshot victim in the vehicle.  The female was rushed into the emergency room where lifesaving efforts were initiated.  The male driver of the vehicle was detained and cooperated with officers.  The male stated that the incident occurred in the 1500 block of McCullens Avenue.  Officers responded to that vicinity and located the crime scene.  The scene was secured and detectives responded to take over the investigation.      

The female gunshot victim, 19 of Eureka, succumbed to her injuries.  Her identity is being withheld until the next of kin are notified.  

While investigating the homicide, an unrelated call for service was dispatched to EPD officers.  The suspect from the unrelated call was detained and taken into custody on unrelated charges.  As the homicide investigation progressed, detectives discovered enough probable cause to connect this male suspect with the homicide and he was subsequently arrested for murder.  The identity of the suspect will be released tomorrow.    
During the investigation into the homicide suspect, two firearms were located and seized.  One firearm was a shotgun and the other was a high powered semi-automatic rifle.  The rifle is believed to be the weapon used in the homicide.  

Anyone who may have witnessed any of the events that occurred early this morning are asked to contact Detective John Gordon at (707) 441-4300.

   






Earlier post:

http://johnchiv.blogspot.com/2016/06/epd-to-release-more-information-on-this.html



Kirby Bay denied release on OR after victim tells Judge that "he has violated the restraining order 15 times" and allegedly threatened to kill her

Kirby Bay was denied release on OR this afternoon by Judge Joyce Hinrichs after hearing from the People and the victim in this case, Megan Smith, who was present and made a statement in court, according to Marcy's law.

There was no bail reduction request discussed today.

Conflict Counsels' Mr. Greg Elvine-Kreis appeared in court with Bay. He made an effort to get Bay released, stating he is a "100% disabled vet" and would abide by the protective order issued.

Deputy District Attorney Jackie Pizzo told Judge Hinrichs, "We are opposed to Mr. Bay's release. There are number of grounds." Ms. Pizzo said that Bay had a prior offense of discharging a firearm from 1977; he absconded in this case and had to be arrested and was on probation; he shot at a woman with a child in the car who was attempting to serve him with a restraining order; he has a violent history; in a prior relationship in which he was charged with car theft was originally charged as kidnapping and that he told the victim (in the current case) he had shot an ex in the abdomen and "watched her bleed" and that he would do the same to her. Ms. Pizzo concluded by saying that the victim did not want him released and was willing to make a statement to the Judge.

Mr. Elvine-Kreis objected to any referenced to Bay's record from 1977, which he said had nothing to do with the current case. He added, the allegations occurred on June 4, and "the police did not arrest him until this Monday."

Ms.Pizzo added that there were other incidents from June 23rd and that the victim had relocated from her original residence and then said the victim believed that Bay knew where she had moved to based on a rock left at her new home. "The defendant collects rocks."

Ms. Smith spoke next, "Your honor, I am very frightened of Kirby. We share a 21 month old son. I have a restraining order against him. He has violated the restraining order 15 times."

"When he threatened to kill me, he referrred to the firearm he kept under our bed throughout our relationship. I am very afraid for my safety and the safety of my family. He was stalking my parents house in Ferndale. I believe he knows I have relocated. The gun does not belong to him."

Bay denied having any firearms.



Jun 29, 2016


Kirby Bay, in a wheel chair, served with restraining order, bail/OR hearing tomorrow

Kirby Bay, in custody, was arraigned this afternoon in Courtroom 4. Deputy District Attorney Jackie Pizzo was present for the People.

He looks different than this photograph. He has no beard and today in court, he was in a wheel chair.

When asked about his income by Judge Timothy Cissna before appointing a public defender, Bay responded, "100% disabled vet on a fixed income."

He was polite to the Judge but before his case was called, he looked around the court staring dismissively at people in the audience, with a stare that seemed like he couldn't care less.

Bay was served with a CLETS protective order. Conflict Counsel's Mr. David Lee was appointed for Bay. Pleas of not guilty were entered, time not waived.

An OR/Bail hearing is scheduled for tomorrow at 2 p.m. Preliminary hearing is on July 13.

Jun 29, 2016


Alleged stalker, Kirby Bay, from Fortuna to be arraigned this afternoon


Kirby Bay is scheduled to be arraigned today at 1:29 in Courtroom 4.

Jun 27, 2016


$150,000 bail for Kirby Bay just arrested, being booked at jail right now

Kirby Bay being booked into Humboldt  County jail at 8:15.

Bail at $150,000.

In the complaint filed by the DA, he is charged with a felony in Count 1, stalking. The victim in the complaint is listed as Megan Smith, and that Bay put her "in reasonable fear of her safety and the safety of her immediate family."

Count 2 is also a felony, Bay is charged with "unlawfully threatening to commit a crime which would result in death and great bodily injury to Megan Smith."

Jun 27, 2016


FOPD arrests man with active felony warrant for alleged criminal threats and stalking

Fortuna Police Department has arrested
 Kirby Bay.

Operation Safe Streets confirmed the news and said, he was arrested at his house.


Jun 24, 2016


Help Fortuna Police Department locate this alleged stalker and suspect claimed to have made criminal threats

Wanted: BAY, Kirby Mark.

This is someone with a felony warrant Fortuna PD is looking for.  He is on both FOPD and the online HCSO warrant list. Because of the nature of the warrant,  this information was shared by Operation Safe Streets and I am also posting the information (criminal threats and stalking 646.9 PC) in the hopes this person is located.  If you see him, please let FOPD know, 725-7550 or call 911, do not approach or attempt to apprehend him.

To see a full list of active Humboldt County warrants, visit www.humboldtgov.org/2215/Warrants


EPD to release more information on this morning's homicide at McCullen's motel a press conference at 4:30



Eureka police are investigating the death of a woman shot at McCullens motel in the early am hours this morning.

Officers were called to the alleged crime scene near Iowa and McCullen just after after 3 a.m. after reports of several shots being fired. Very soon after the initial report, they were notified that a woman had died at the hospital from gunshot wounds.

The woman was allegedly shot by a man she knew, after a dispute. Another man who was with her at the time drove her to the hospital. The second man is not considered a suspect. At least seven shots were fired based on casings found at the scene.

EPD has  identified a suspect in the case and will release more information later today at a press conference.


Jury trial for Sohum upskirting suspect set for October 17

Sohum upskirting suspect had a pre trial conference scheduled yesterday at 2 p.m. Nunez was not in court.  Ms. Kathleen Bryson appeared on behalf of  Nunez's attorney.

Trial confirmation  is October 4. Jury trial is October 17.

Jun 21, 2016


Sohum upskirting suspect delays pretrial conference and has yet to appear in person in court

Sohum upskirting suspect, David Nunez last court date was June 1 for a pretrial conference. The defense continued that to June 29 at 2 p.m.

 He was arraigned on May 10.

Nunez is charged with two misdemeanors.Count 1 is  Unauthorized Invasion of Privacy and Count 2 is Annoy/Molest Child under 18. Count 1 is under the California "peeping tom" laws.

In Count 1, Nunez is alleged to have used a camera without consent to take pictures of Jane Doe #1 born in 1982. In Count 2, the alleged victim is Jane Doe #2, born in 1998.


This is a selfie from the cell phone retrieved and posted on Kym Kemp's website. 


May 10, 2016


Sohum upskirting suspect arraigned, hires out of area attorney, next court date June 1

David Nunez was scheduled to be arraigned this morning in Courtroom 3. Ms. Kathleen Bryson, local attorney, made a special appearance on behalf of Nunez's attorney, Mr. William Du Bois, from Pleasanton.

Nunez was not present.

His warrant was recalled. Next court date June 1 in Courtroom 2. Deputy District Whitney Barnes present for the people.


Apr 21, 2016


Sohum upskirting suspect to be arraigned May 10; charged with two misdemeanors

While the public computer still showed no date, a bit more research resulted in me finding out that David Nunez is scheduled to be arraigned on May 10 at 8 a.m. Courtroom to be announced.

Nunez is charged with two misdemeanors. Count 1 is use of camera without consent. Count 2 Annoy/Molest a child under 18 years.

On March 6, I did this post. According to both UnderSheriff William Honsal and confirmed below by Sgt. Jesse Taylor,

"This case is wrapping up and I have identified a suspect.  The case is being forwarded to the DA’s Office for charges.  The identity of this person won’t be revealed until the DA decides to file charges."

This link has posts from Kym Kemp, who first reported the story.

 http://kymkemp.com/2016/02/24/upskirting-case-moves-to-the-district-attorneys-investigators/

Preliminary hearing vacated for Humboldt Hill shooting suspects, Tuel brothers

After intervention yesterday, the preliminary hearing scheduled on July 5 for the Tuel brothers, Broc and Colt was vacated.

A disposition and reset hearing is scheduled at 2 p.m. on July 25.

Two police cars on 4th and I, no need to be alarmed, why?

Just a guy driving without a license. EPD took care of it. 




Jun 29, 2016

No bail for man allegedly banished by bar staff who then vandalized the business




On 06-29-2016 at approximately 0055 hours, Deputies were dispatched to Dick's Place located in the 45000 block of Main Street in Mendocino for a report of vandalism.  After Deputies arrived, James Herriot was identified as suspect to the vandalism.  Herriot left the location prior to the Deputies arrival.

Deputies learned that Herriot had been banished from the establishment by staff as a result of his unwanted behavior.  Herriot remained outside the establishment after being told to leave and was contacted again by employee Patrick Harmon.  Harmon asked Herriot to leave the location and Heriot made an overt attempt to physically assault Harmon without success.  Herriot then produced a ceramic bottle and struck one of the establishment's windows, causing it to break.  Herriot then swung and struck Harmon in the upper body with the same bottle, causing minimal injury.

Deputies located Herriot a short distance away and arrested him without incident.  Herriot was confirmed to be on active felony probation and CDC parole and ultimately transported to the Mendocino County Jail where he was held with no bail.

Who will prevail in Round 2 of Leo Sears vs Greg Dale?



Today, Judge Dale Reinholtsen heard arguments from both sides in the Greg Dale versus Leo Sears lawsuit.

Judge Reinholtsen took the matter under submission and he has 90 days to issue a ruling.

A first amended complaint had been filed in April by Mr. William Bertain, attorney for Leo Sears.

A demurrer to the first complaint and a motion for hearing to strike portions of the first amended complaint were filed in response by Mr. Paul Brisso, attorney for respondents Greg Dale and other Humboldt Bay Harbor Commissioners.

Mr. Bertain filed an opposition.

No other media was in court. Mr. Sears, Mr. Bertain and Mr. Brisso were the only ones present today in court.

A case management is scheduled on July 26.

I will have another post summarizing details of arguments.

Previous posts:

http://johnchiv.blogspot.com/2015/10/leo-sears-filed-conflict-of-interest.html?m=1
http://johnchiv.blogspot.com/2015/10/i-really-want-to-avoid-this-lawsuit-leo.html?m=1
http://johnchiv.blogspot.com/2015/11/fppc-opens-investigation-into-leo-sears.html?m=1






Man arrested for alleged mischief and assault with a deadly weapon






    
On June 28, 2016, at about 9:32 p.m.., Officers with the Eureka Police Department responded to the 300 block of West Del Norte Street for the report of a disturbance involving a man breaking a window.

Once on scene, officers found a male victim bleeding from his forearm.  The victim reported that he was stabbed in the arm after confronting a male who threw a bicycle frame through the front window of his apartment. The victim was transported to the hospital by ambulance with a non-life threatening stab wound to his arm.

The victim positively identified the suspect from a photo lineup as Destry Girard, 43 of Eureka.  It appears Destry threw the bicycle due to recent arguments over a female.  Officers issued an arrest warrant for Destry for assault with a deadly weapon and malicious mischief.  Destry also has an unrelated warrant for resisting arrest.  



   


Kirby Bay, in a wheel chair, served with restraining order, bail/OR hearing tomorrow

Kirby Bay, in custody, was arraigned this afternoon in Courtroom 4. Deputy District Attorney Jackie Pizzo was present for the People.

He looks different than this photograph. He has no beard and today in court, he was in a wheel chair.

When asked about his income by Judge Timothy Cissna before appointing a public defender, Bay responded, "100% disabled vet on a fixed income."

He was polite to the Judge but before his case was called, he looked around the court staring dismissively at people in the audience, with a stare that seemed like he couldn't care less.

Bay was served with a CLETS protective order. Conflict Counsel's Mr. David Lee was appointed for Bay. Pleas of not guilty were entered, time not waived.

An OR/Bail hearing is scheduled for tomorrow at 2 p.m. Preliminary hearing is on July 13.

Jun 29, 2016


Alleged stalker, Kirby Bay, from Fortuna to be arraigned this afternoon


Kirby Bay is scheduled to be arraigned today at 1:29 in Courtroom 4.

Jun 27, 2016


$150,000 bail for Kirby Bay just arrested, being booked at jail right now

Kirby Bay being booked into Humboldt  County jail at 8:15.

Bail at $150,000.

In the complaint filed by the DA, he is charged with a felony in Count 1, stalking. The victim in the complaint is listed as Megan Smith, and that Bay put her "in reasonable fear of her safety and the safety of her immediate family."

Count 2 is also a felony, Bay is charged with "unlawfully threatening to commit a crime which would result in death and great bodily injury to Megan Smith."

Jun 27, 2016


FOPD arrests man with active felony warrant for alleged criminal threats and stalking

Fortuna Police Department has arrested
 Kirby Bay.

Operation Safe Streets confirmed the news and said, he was arrested at his house.


Jun 24, 2016


Help Fortuna Police Department locate this alleged stalker and suspect claimed to have made criminal threats

Wanted: BAY, Kirby Mark.

This is someone with a felony warrant Fortuna PD is looking for.  He is on both FOPD and the online HCSO warrant list. Because of the nature of the warrant,  this information was shared by Operation Safe Streets and I am also posting the information (criminal threats and stalking 646.9 PC) in the hopes this person is located.  If you see him, please let FOPD know, 725-7550 or call 911, do not approach or attempt to apprehend him.

To see a full list of active Humboldt County warrants, visit www.humboldtgov.org/2215/Warrants