May 23, 2015

Jeremy Kish adds yet another arrest to his statewide record; has a habit of being near "fires" and my own encounter with him where I had to call the police

This photo from his facebook page is probably better than a mug shot.


Those who know Jeremy need no explaination and are not surprised at his arrest. The problem is he will get out and prey on the community, again. He has managed to avoid responsibility so far. He has been given chance after chance to get help.

I even sent an email to DA Maggie Fleming and Chief Andrew Mills about him after my last incident with him.

With his record in Humboldt and in California, this man is a perfect example of someone who self medicates and needs to be forced to take meds (if that is what he needs) and be held accountable for his actions. He has been offered help by social services, an apartment, a job, he blows it, time after time.

I have known Jeremy for 4 years. Since he used to loiter and sleep around at St. Bernard's Church and then started "working" at MC2, 5th and I Eureka. He can be a very nice guy, initially. I used to bring him food.

Jeremy used to be friendly but can get increasingly hostile and verbally abusive with no provocation. Once, I told him to stop harassing people, especially the homeless as they walked by 5th and I streets and he went ballistic. In his delusion, Jeremy thought he was security. I told him the sidewalk did not belong to him nor was he authorized to act on the behalf of the building's owner.

I reminded him I never called the police when he needed a place to stay near the church or the office. I used to work in the office building where MC2 is located.

Remember the fire at 5th and I in Eureka. While they had no suspects and no surveillance, that fire mysteriously happened after Jeremy was let go of his volunteer position at MC2 and told to stay away from that property. Makes one wonder?

Jeremy has restraining orders against him that have been granted and restraining orders that he files have been dismissed. He files frivolous lawsuits against people and claims discrimination and they are later dismissed. Eureka Rescue Mission, Progressive, 76 gas station and Coca Cola are few of the local businesses Jeremy has tried to bilk. Look him up in the Humboldt Superior Court system.

I have all the case numbers.

I usually ignore Jeremy. He would yell and scream outside my home and my office in Old Town. That was not directed at me necessarily, just him going off about his broken down van and some alleged persecution in his head by someone. I tolerated it for months.

About a month ago, he was outside my office in Old Town  at night , screaming and yelling and wanting to camp out. I politely told him to chill, which resulted in him threatening me. I called the EPD, they are all too familiar with Jeremy, and they diffused the situation without an incident.

I called my city council member, my supervisor and the auto business that Jeremy was using as an excuse to hang out and harass people.

Here is the link to Kym Kemp's blog about the Arcata fire today and the arrest of suspect Jeremy Kish:

http://kymkemp.com/2015/05/23/apd-releases-name-of-suspect-in-todays-arson-fire/

APD Press Release:

 At 1:13 AM, the Arcata Police Department, along with the Arcata Fire Protection District, responded to the report of a structure fire at 1499 Spear Av. Upon the officer’s arrival, they found the former Alliance Market fully engulfed in fire. Officers began conducting traffic control for the arriving fire apparatus and attempting to locate witnesses. An officer contacted a subject in the area, who was later identified as Jeremy Kish (30) of Eureka.
Kish claimed to be a witness to the fire and made some statements to the officers that were suspicious in nature. Further investigation lead to probable cause to arrest Kish for 451(d) PC-Arson.  Kish was transported to the Humboldt County Correctional Facility, where he was booked and lodged.
The investigation is on-going and anyone with information about the case is asked to call the Arcata Police Department.


One link to Jeremy's alleged and past criminal record:

http://www.localcrimenews.com/city-arrests/arrest-details/?arrest=9707429


451.  A person is guilty of arson when he or she willfully and
maliciously sets fire to or burns or causes to be burned or who aids,
counsels, or procures the burning of, any structure, forest land, or
property.
   (a) Arson that causes great bodily injury is a felony punishable
by imprisonment in the state prison for five, seven, or nine years.
   (b) Arson that causes an inhabited structure or inhabited property
to burn is a felony punishable by imprisonment in the state prison
for three, five, or eight years.
   (c) Arson of a structure or forest land is a felony punishable by
imprisonment in the state prison for two, four, or six years.
   (d) Arson of property is a felony punishable by imprisonment in
the state prison for 16 months, two, or three years. For purposes of
this paragraph, arson of property does not include one burning or
causing to be burned his or her own personal property unless there is
an intent to defraud or there is injury to another person or another
person's structure, forest land, or property.

Ireland legalizes gay marriage

http://www.cnn.com/2015/05/23/europe/ireland-referendum-same-sex-marriage/

http://news.yahoo.com/yes-side-joyous-count-starts-irish-gay-marriage-090519559.html

Early votes indicated an overwhelming majority. All votes in and Ireland is now the first country to legalize same sex marriage by popular vote.

May 22, 2015

From Santa Clara to San Francisco then "high on LSD" resisting arrest in Eureka finally nails the coffin for Zachary Scudder who incriminates himself in court despite being told to shush

Gotta love a criminal who does not shut up despite the judge's advice and his own attorney's advice and seals his own fate.

It isn't the first time an alleged criminal does not listen to the judge or his own attorney and keeps talking. This time Zachary Scudder talked himself out of being released and by blurting out what he did showed Judge Timothy Cissna that he lied to probation.

Scudder jumped up in court as his case was called and before Judge Cissna could even finish reading the charge against him, he yelled, please give me another chance, I 'm ready to turn over a new leaf.

He kept doing this while his court appointed attorney, Conflict Counsel's David Lee, was trying to help fix the damage and complete arraignment.

DDA Stacey Eads opposed Scudder's release. She told Judge Cissna that he had only been in Humboldt County for two weeks and that he had a "lengthy record" in Santa Clara and San Francisco and she read of the penal codes and crimes he had been convicted of, then he "smashed a window in Eureka causing $1,000 of damage" and "it took several officers to arrest him." They had to taser him.
Scudder kept yelling he was "high on LSD" and did not know what he was doing.

In his probation report, he said he denied any substance abuse and Judge Cissna called him on that fact. The fact that he has no place to live and was renting a motel room and had no ties to the community further sunk the nail in his coffin.

In this case, Scudder is charged with Count 1 Vandalism, Count 2 Obstructing/Resisting Police Officer, Count 3 Disorderly Conduct Under the Influence of a Drug, Count 4 same charge as Count 2 and Count 5 same charge as Count 3.



21 year old charged with alleged sexual abuse of a 16 year old, a 14 year old and a 10 year old; charges include oral copulation and statutory rape

Brendon Phillips stood with his head down in court. Judge Timothy Cissna asked if he wanted an attorney appointed to represent him against the alleged charges. He softly said, yes.

He is 21 years old and one victim is 16 years old. The other two victims, one  14 years old and the other 10 years old. AIDS testing is mentioned in the complaint.

The charges against Phillips are: Count 1 Oral copulation with a victim under 16 years, Count 2 and 3 are the same; Count 4 is unlawful sexual intercourse with an adult over 21 years or more commonly known as statutory rape, Count 5 and 6 are the same; and Count 7 is lewd and lasvicious act where the defendant is 10 years older than the child.

Phillips was appointed Conflict Counsel's David Lee as an attorney. DDA Zach Curtis is prosecuting this case.

OR/Bail hearing is May 26 at 2 p.m. in Courtroom 2, Intervention is May 28 at 3 p.m., and the preliminary hearing is June 4 at 8:30 a.m.


CR football player allegedly charged with assault and battery of his own child and the child's mother

Today, in Courtroom 4, Jon Charles McDonald, stood with his private attorney Christina Allbright, who called him a stellar and an asset to the community.

McDonald is allegedly charged with assault and battery. Count 1 is a non-cohabitating partner and Count 2 cause or permitting cruelty to a child. This is a Courtroom 2 case but Judge Cissna was handling that calendar as well this afternoon.

McDonald  is alleged to "have pushed the mother of his two year old child to the ground in front of multiple witnesses," said DDA Whitney Barnes, who is prosecuting the case.

Ms. Allbright said that she feels that they will be able to resolve the case before trial and that McDonald's mother hopes that after completing a 52 week anger management program in Humboldt County that he can move out of state and "move his life in a better direction."

 OR/Bail hearing and Trial Confirmation is on May 27 at 2 p.m. in Courtroom 2 and jury trial is June 8.

Michael "Bad Boy" Throckmorton avoids punishment yet again, will it finally be prison for him on June 19?

Michael Throckmorton was found guilty of a felony: domestic violence in March 26.  On the evening of March 3, 2012, Throckmorton, strangled the victim in their home, then beat her with the wooden frame of a painting, causing severe abrasions to her neck and massive bruising on her leg.

He was to be sentenced on April 29 but asked that the sentencing date be continued and asked to travel out of state. The DA objected citing concerns that Throckmorton would flee. Read the link below from April 2014 for details. I was the only one that has covered this case through the three trials and the final case which got him convicted.

This afternoon at 2 p.m. Judge Timothy Cissna set the date to sentence Throckmorton. He told Throckmorton he had to be there. He did not fly the coop and stay in Virginia but instead of being sentenced, his sentencing was delayed yet again and he has a "mandatory appearance" again for sentencing on June 19 at 2 p.m.

The case was prosecuted by DDA Jackie Pizzo. Throckmorton's attorney is Mr. Owen Tipps from the Public Defender's office. This case went to trial 3 times before the recent conviction.

Today DDA Stacey Eads appeared for Ms. Pizzo in court. Throckmorton spoke to his attorney before court and read the probation report. Again, he whispered the same thing he asked the last two times in court, "will I go to prison?"

If you read the previous coverage on links, you will get the "yet again" reference.

Judge Cissna said that he had received a statement of mitigation from Mr. Tipps filed yesterday only at noon today and had skimmed the content. His tentative decision was that he wanted to refer the matter to Probation for a supplemental report to address Mr. Tipp's pleadings.

Judge Cissna said that Probation deserved

DDA Eads said that the People were in agreement with the Probation Department recommendation.

Not happy that he got to avoid sentencing now for the second time, through his attorney, Throckmorton's response to Judge Cissna's  suggestion to have sentencing on June 10 was to delay sentencing until June 30.

"We are very concerned with Mr. Throckmorton remaining in the community. Mr. Throckmorton  has a prior felony conviction. Mr. Tipp's pleading does not change the People's position. We would like sentencing to proceed as soon as possible.

"People are prepared to proceed to sentencing today," said Ms. Eads. "One of Mr. Tipp's points was his claim that probation was relying on the wrong facts. This matter went to jury trial. Your honor knows the facts."

Judge Cissna was the trial judge for Throckmorton's last trial. Judge Cissna agreed with Ms. Eads.

"Reluctantly," he set the sentencing date for June 19, 2015 at 2 p.m.

Previous posts:

http://johnchiv.blogspot.com/2015/04/if-bad-boy-michael-throckmorton.html
http://johnchiv.blogspot.com/2015/03/michael-throckmorton-found-guilty-this.html
http://johnchiv.blogspot.com/2015/03/bad-boy-michael-throckmorton-back-in.html
http://johnchiv.blogspot.com/2014/02/pizzo-vs-tibbs-same-or-different-result.html


Rodney Ortiz's arraignment on, Vincent Ortiz's arraignment off calendar, reason?

Both Rodney and Vincent Ortiz were to be arraigned on August 26. Rodney Ortiz is still set to be arraigned but Vincent Ortiz's arraignment is off calendar.

The court computer lists that Vincent Ortiz's medical records have been subpoenaed from Mercy Medical Center by attorney. Does not state whether it is his attorney Conflict Counsel.

Last post:

http://johnchiv.blogspot.com/2015/05/rodney-ortiz-held-to-answer-on-all.html?m=1

May 20, 2015

Dan, you asked on LOCO so here is my wish list and a possible name to replace Judge Watson

Klein is a joke. No to him and Gallegos.

This is in response to LOCO's suggestions.

Avatar
I'd be interested in Mr. Chiv's thoughts on this.

    This is in response to Dan:


    There are many who would be good judges but do they want to run? Patrik Griego, Allison Jackson,  Maggie Fleming, Andrew Isaac would be my wish list.

    I will post something here before I post on my blog. If the name Benjamin Okin comes up, you heard it from me first. I know he has expressed future interest.

    This is a comment I posted on LOCO.

    Someone suggested Commissioner Eannarino. I think that he would be a good choice.