Mar 27, 2015

Vincent Ortiz arraigned, bail set for $1 million for murder and attempted murder

Arraignment
Judge Arnold Rosenfield
Courtroom 2
DDA Jackie Pizzo

Ortiz was arraigned today on a new case for his involvement in the Hoopa shooting. Felony Charges include Count 1 murder, Count 2 attempted murder, and Count 3 attempted murder.

Post release community supervision was a second file. No bail. That violation resulted in the supervision being revoked.

Ortiz told Mr. Greg Elvine-Kreis, who was appointed to represent him today, "I want a copy of that!" referring to discovery his attorney just received with the complaint in court.

Ortiz then kept talking furiously to Mr. Elvine-Kreis until he was taken back to the jail.

Preliminary hearing is April 9 at 8:30. Ortiz did not waive time. Intervention April 3 at 2 p.m.


Less than a month on the job, DDA Trent Timm does his first jury trial; charges included concealed dirk/dagger

This morning after Judge John Feeney read the complaint and gave the jury preliminary  instructions, DDA Trent Timm and Conflict Counsel's Kaleb Cockrum presented their opening arguments in the jury trial for James Richard Beven.

The charges are all misdemeanors. Count 1 is manufacturing a deadly weapon cane sword, Count 2 is carrying a concealed dirk dagger, Count 3 is possession of a controlled substance (meth), Count 4 is showing false ID to a peace officer.

If found guilty, Beven's probation will be revoked because that case is dependent on the outcome of this jury trial.

According to the court computers, Beven's program in a batterer's program has been terminated which was a condition of his probation from a previous case, in which he was found guilty of assault/ corporal injury on a spouse/cohabitant.

Depending on motions in limine that were heard before jury selection, the jury may not hear about Beven's prior conviction of a felony:DUI. Beven also has two previous Civil Protection cases, one in which disposition is listed as undefined, in the other administrative disposition. He has another criminal case in which he was found guilty of a drug offense.

Mr.Kaleb Cockrum told me before court started today said if Bevens testifies, his priors could come in.

EPD Officer Ryan McElroy finished his direct testimony. After break, Mr. Cockrum will cross examine the Officer.


Vincent Ortiz arraigned to be arraigned this afternoon

Vincent Ortiz will be arraigned this afternoon at 1:29 p.m. While the court calendar indicates Courtroom 2, it may will take place in Courtroom 4.

Another post after the arraignment.

Previous HCSO releases:

On 03-25-2015 at about 12:10 p.m. a Humboldt County Sheriff’s Office Deputy on patrol in the Willow Creek area spotted, Vincent Rudy Ortiz at the Patriot Gas Station with a 44 year old female companion. Ortiz was fueling a silver, Chevrolet, pickup truck. The deputy immediately took Ortiz into custody without incident.

Vincent Ortiz was transported to the Humboldt County Correctional Facility in Eureka where he was booked for accessory to homicide and his bail was set at $500,000 dollars. Ortiz was also booked on a felony, no bail warrant for a parole violation. The 44 female companion of Ortiz was transported to the Humboldt County Sheriff’s Office in Eureka to be interviewed by detectives.

_________________________________________________________________________________
On 03-21-2015 at about 2:10 p.m. a Humboldt County Sheriff’s Deputy responded to the Kimaw Medical Center in Hoopa, regarding a 31 year old, male victim with a gunshot wound. While the deputy was responding to the medical center in Hoopa the Humboldt County Sheriff’s Office received another report regarding two more male gunshot victims at a residence on Redwood Grove Road off Pine Creek Road, Hoopa.

The Humboldt County Sheriff’s Office along with Hoopa Valley Tribal Police Department and the California Highway Patrol responded to the residence on Redwood Grove Road. When officers arrived on scene they located two male gunshot victims ages 73 and 29. Officers spoke to witnesses at the scene, who identified Rodney Vincent Ortiz age 52 as the suspect who shot the victims with a handgun. After the shooting Rodney Ortiz fled the scene in 2011, silver, Toyota, Rav4 with his son, Vincent Rudy Ortiz age 25.

All (3) three of the male victims were flown to a trauma hospital located in Redding, California. The male victim age 73 is currently listed in critical condition. The 29 year old male victim is currently listed in serious but stable condition. The 31 year old male victim was treated for his gunshot wound and has since been released from the hospital.

On 03-22-2015 at about 8:00 a.m. the Eureka Police Department located the silver. Toyota Rav4 parked and abandoned on the 600 block of Summer Street in Eureka. The vehicle was seized as evidence and will be processed for any possible evidence at a later date.

On 03-22-2015 at about 6:40 p.m. a Eureka Police Department Police Officer on patrol saw Rodney Ortiz walking in Winco Foods parking lot. Ortiz was taken into custody at gunpoint by the Eureka Police Department Officer without incident. Ortiz was transported to the Humboldt County Correctional Facility where he was booked for attempted homicide. Ortiz’s bail was set at 1.5 million dollars.

The Humboldt County Sheriff’s Office is asking for the public’s help in locating Vincent Rudy Ortiz, who currently has a no bail, felony arrest warrant for a parole violation. Vincent Ortiz is a person of interest in the shooting in Hoopa. Vincent Ortiz is considered armed and dangerous. Vincent Ortiz is described as a Hispanic male, 5’-7”, 160 pounds with brown eyes and brown hair.

The motive of the shooting is currently being investigated by Detectives with the Humboldt County Sheriff’s Office. The victims and suspects knew each other prior to the shooting.

Mar 26, 2015

Emerald Growers Association Hezekiah Allen's DUI charge from last year proceeds; previous cases involve two bail bonds being forfeited

Local activist Hezekiah Allen and Emerald Growers Association executive director Hezekiah Allen has a pre-trial conference scheduled for April 14 at 10 a.m. in Court 3. He has retained private attorney Manny Daskal to represent him.

The charges in the Humboldt County Superior Court listing are as follows: Two counts of driving under the influence of alcohiol two special allegations with those counts of blood alcohol level over .15 and Failure to provide evidence of financial responsibility

Hezekiah Allen pleaded not guilty to all charges and denied all special allegations when he was arraigned by Judge Joyce Hinrichs in Garberville on 1/23/15.

On October 14, I did a post on local activist Hezekiah Allen being booked for a DUI.

According to his arrest record: Hezekiah Allen was arrested for: 16028(C) Financial Responsibility At Accident
23152(A) DUI Alcohol/Drugs
23152(B) DUI Alcohol W/BAC > .08

Hezekiah Allen has three older cases in the court system, one for unsafe speed, another for unsafe lane change and one for using cell phone while driving with two bail bond forfeitures.

Bullock diagnostic order and materials to be sent to three court expert witnesses; another chamber conference next week

I did a post earlier today (which is below this post) with detailed background of the last hearing and links. Please refer to that if you are not familiar with the case.

Judge Feeney met with counsel privately in chambers. He then gave a brief report in open court.

"We just completed a chamber conference with counsel," said Judge John Feeney. "We discussed in chambers that the Court will compose a letter to  Dr. John Chamberlain, Dr. Ana Glezer and Dr. John Greene and send them copies of the order for diagnostic evaluation I just signed this afternoon." Judge Feeney said he will also include an index and materials for these expert witnesses to review. The courtroom clerk for Courtroom 1 will be the contact if the psychiatrists want to contact Judge Feeney.

Although scheduling was discussed, no trial date set yet. Still tentatively around this October.

Another private chamber conference and court date set for next week on April 2. Special set at 3 p.m.

Bullock had a friend attend court today and he acknowledged her with a nod and she waved at him. Other than when he was first arraigned over a year ago, his family has been to court once. He whispered "I love you" to them.

After the court hearing, private attorney Kathleen Bryson who is representing Fr. Eric Freed's family walked out with the prosecutors, Mr. Isaac and Ms. Eads  and DA Investigator John Burke, most likely for an update since only the attorneys met with Judge Feeney in chambers.

Hanging outside the courthouse with LOCO's Ryan Burns, T-S' Will Houston and Steve from KIEM while the courtroom was closed was more eventful than the court report today.

Bullock special set this afternoon to determine trial date

A special trial setting hearing at 3 p.m. in the Gary Lee Bullock case is scheduled this afternoon in Courtroom 1 in the Gary Lee Bullock case.

Judge John Feeney has been the judge overseeing the case since Bullock's arraignment. Mr. Andrew Isaac and Ms. Stacey Eads are co-prosecuting the case for the People. Mr. Kaleb Cockrum is Bullock's attorney. Three court appointed expert witnesses have been appointed to do a pyschological evaluation since Bullock added a not guilty by insanity plea to his original plea of not guilty.


March 10 post:

Judge John Feeney met privately with Andrew Issac who is prosecuting the Gary Lee Bullock case and Bullock's attorney Kaleb Cockrum this afternoon. At the last court hearing, Mr. Isaac said the People plan to add a car jacking charge.

Ms. Stacey Eads is co prosecuting the case for the People but was not present in court today.

Only LOCO, TS, KAEF, the attorney's; the family's attorney Kathleen Bryson, one community member and myself were in the courtroom when the court was reopened.

On March 4, I did this post: http://johnchiv.blogspot.com/2015/03/could-this-be-johnson-case-mr-andrew.html

That case People v Johnson was the case and the decision by the California Supreme Court the basis for Judge Feeney granting the People's decision request to add a special allegation to Count 1 of murder.

Judge Feeney said the car jacking special allegation "would be appropriate considering the Supreme Court decision in People v Johnson."

When given a chance to speak on behalf of Bullock, Mr. Cockrum said, "I've read Johnson. It completely rewrites carjacking and divorces it from normal definition of carjacking but I don't have cause to object."

Judge Feeney said he would not set a trial date today but another private conference and trial setting date has been scheduled for March 26 at 3 p.m.

Dr. Ana Glezer, Dr. John Chamberlain,  both from Univ of CA and Dr. John Greene from Los Gatos, California are the three expert witnesses who will evaluate Bullock and report to the court.

Based on court schedule and the time needed for the experts to evaluate, Judge Feeney said "We are looking at a trial date in mid-September or late October."

Bullock listened with no emotion as Judge Feeney read the charges against him with the additional allegation. Again, he read the same not guilty insanity plea that he read previously and just stared blankly at Judge Feeney.

Both attorneys have to prepare and submit paperwork for funding the experts by March 22 to Judge Feeney. Several resumes were submitted by both the People and the defense. Mr. Issac will prepare the materials the expert witnesses will consider which Mr. Cockrum will review before they are provided to experts.

To add the carjacking charge, the People filed their first amended information today.

Judge Feeney reiterated what he said to Bullock when he first read the not guilty by insanity plea. That even if he,was found not guilty by insanity, it could mean a possible sentence lifetime comittment to a mental institution.

Previous post  to March 10:

http://johnchiv.blogspot.com/2015/03/special-allegatoon-of-carjacking.html

There is extensive coverage of this case on this blog.


Michael Throckmorton found guilty this time for assault, sentencing on April 29

A jury just found Michael Throckmorton guilty of Count 1. Another success for DDA Jackie Pizzo and another success for DA Maggie Fleming's administration for a case previously unsuccessful under the previous administration.

This may not be a high profile case to press but these are the kind of cases I regularly choose to cover and follow on this blog.

No media has followed this recent case nor was present for the verdict. Nine woman and three men jury nodded yes when asked by the Court Clerk if is is was their verdict. Throckmorton showed no emotion.

Sentencing is April 29 at 2 p.m. in Courtroom 4. Throckmorton waived his right to have sentencing within 20 days of the verdict. Judge Timothy Cissna referred the matter to probation for pre sentencing report.

DDA Jackie Pizzo asked for Throckmorton to be remanded into custody. "The maximum exposure is 4 years of jail time. In this case, even if you decide Probation," she said to Judge Cissna, "I think jail time is appropriate."

Mr. Tips said his client had made all court appearances and opposed remand.

Judge Cissna agreed that because Throckmorton had appeared for court and it was a three year old case with no further incident, he denied remand request but stressed this conviction was serious.

Press Release from DA Maggie Fleming:

The District Attorney announced that Michael Throckmorton has been convicted of felony domestic violence in a case prosecuted by Deputy DA Jackie Pizzo.    In the evening of March 3, 2012, Mr. Throckmorton, 33, 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.
After a six day trial in front of the Honorable Timothy Cissna, in Department 4 of Humboldt Superior Court, the jury rendered its guilty verdict. The trial completed today was a retrial; the original trial in February 2014 resulted in a hung jury that favored guilt 11 to 1.
The case was investigated by the Humboldt County Sheriff’s office.  Sentencing will occur on April 30, 2015.  The defendant faces a maximum of 4 years in prison.


Previous posts:

March 29 2015


"Bad Boy Michael Throckmorton back in court for alleged assault; Pizzo v Tipps Round 2' will the third time be lucky for prosecution or will Throckmorton go free?

A jury is currently being selected in a case where Michael Throckmorton is charged with a felony: assault. This case is from an allegation from 2012. I believe this is the second round of Pizzo v Tipps.

The trial Judge is Timothy Cissna. The prosecutor Jackie Pizzo and Throckmorton's is being represented again by Public Defender Owen Tipps.

Throckmorton is charged with PC 273.5 (a)

There was also a civil protection order filed against Throckmorton by a S. Carlson that was dismissed due to lack of prosecution. Again, Paul Gallegos was the DA at that time.

Throckmorton previously charged with a homicide, another felony, did not go to jury trial in 2006. The DA at that time was Paul Gallegos. The case was prosecuted by present DA Maggie Fleming and Throckmorton was represented by private attorney Manny Daskal.

It is the DA's responsibility to oversee charging. In 2006, Ms. Fleming had to try a case with Paul Gallegos in charge. Now with her being the DA, perhaps there is a chance that the result could be different.

Penal Code 273.5.  (a) : Any person who willfully inflicts corporal injury
resulting in a traumatic condition upon a victim described in
subdivision


Previous Post:


Feb 20, 2014

Pizzo vs Tipps same or different result for Throckmorton as Fleming vs Daskal?

A jury  is currently considering the fate of Michael Throckmorton. Jury started deliberating as of yesterday. People were represented by Jackie Pizzo, defendant's attorney Owen Tipps and Judge Dale Reinholtsen presiding. This is a domestic violence case. 

This is not Throckmorton's first court appearance. He was found not guilty on two counts on another more high profile case in 2006.

In 2006, Throckmorton was the defendant in a murder trial. Prosecutor was Maggie Fleming. Defense Counsel was Manny Daskal. Evidence came out in trial during testimony that caused the preliminary trial to go in Throckmorton's favor. Defense prevailed.

All Blue Heron arrests have cases in system, Armstrong over 10 cases including prior guilty drug charges

Jordan Cardoza and Phenica Case have graduated from traffic issues to drug cases now. Lindsey Elder has two cases, one traffic/infraction and one misdemeanor drug case in system.

Anthony Armstrong appears to be the leader. With over 10 cases in the system and at least 6 criminal cases, I stopped checking at three drug offense cases, two felonies with guilty convictions.


3/25/15 atisabout 2:15 p.m., a Detective from the Eureka Police Department Problem Oriented Policing Unit (POP) spotted a person behind the vacant Blue Herron Motel at the 2200 block of Broadway.
The detective stopped and made contact with six subjects who had forced entry into a few rooms.  Officers responded to assist and located 9 grams of methamphetamine and a high-end Cannondale bicycle.  None of the subjects could prove ownership of the bicycle, so it was taken for safekeeping.
Four of the six subjects were arrested and transported to the Humboldt County Correctional Facility.  Anthony Armstrong, 27, and Lindsey Idler, 26, were booked on drug related warrants.  Phenicia Case, 21, was booked on Eureka Municipal Code violation warrants.  Jordan Cardoza, 20, was booked on fresh charges of possession of methamphetamine.  All four subjects are of Eureka.
Attached is a picture of the Cannondale bicycle.  If you believe this bicycle is yours, please call (707) 441-4373.  You must have your police report number for the theft report and be able to prove ownership.  Ownership can be proved by providing the serial number, receipt, or picture.

Vincent Ortiz who was arrested yesterday for Hoopa shooting has a prior assault and battery case

In 2008, Vincent Ortiz, son of Rodney Ortiz who was just arraigned yesterday for the murder of Daniel Colegrove has an assault and battery case in the system.

The charge was dismissed after a hearing and ever went to jury trial. The DDA who prosecuted the case then was former DDA Arnie Klein. Ortiz was represented by the Public Defender.

Vincent Ortiz will be arraigned today but most likely tomorrow so stay tuned to this blog for updates.

Mar 25, 2015

California Attorney General Kamala Harris takes action against "Sodomite Suppression Act" initiative

http://news.yahoo.com/california-acts-against-poll-measure-execute-gays-231339865.html

Los Angeles (AFP) - California announced legal action to suppress a "reprehensible" ballot initiative to outlaw homosexuality -- on pain of execution -- in the famously liberal US state.
The proposal -- unlikely to advance, as it requires over 360,000 signatures to proceed -- was submitted by lawyer Matthew McLaughlin to the California Attorney General's office late last month.
The "Sodomite Suppression Act" ballot proposes that gay people "be put to death by bullets to the head or by any other convenient method."
But the state's Attorney General Kamala Harris said she was taking legal action to allow the state to effectively sideline the proposal.
"This proposal not only threatens public safety, it is patently unconstitutional, utterly reprehensible, and has no place in a civil society," she said in a statement.
"Today, I am filing an action for declaratory relief with the court seeking judicial authorization for relief from the duty to prepare and issue the title and summary for the 'Sodomite Suppression Act.'
She added: "If the court does not grant this relief, my office will be forced to issue a title and summary for a proposal that seeks to legalize discrimination and vigilantism."
The proposed initiative declares: "The abominable crime against nature known as buggery, called also sodomy, is a monstrous evil that Almighty God, giver of freedom and liberty, commands us to suppress on pain of our utter destruction even as he overthrew Sodom and Gomorrha.
"Seeing that it is better that offenders should die rather than that all of us should be killed by God's just wrath against us... the people of California wisely command, in the fear of God, that any person who willingly touches another person of the same gender for purposes of sexual gratification be put to death by bullets to the head or by any other convenient method," it reads.
California, like other US states, regularly holds elections on ballot initiatives -- effectively referendums on proposed issues which must gather a minimum number of signatures to get on the ballot.
LGBT civil rights group Equality California welcomed Harris's move, but said it showed the need to reform the state's ballot processes.
“This proposed ballot initiative is grossly out of step with the attitudes and beliefs of the people of California," said the group's executive director Rick Zbur in a statement.
"While we do not believe that this offensive measure will have sufficient support to qualify for the ballot, it points to the need to review and reform the ballot initiative process.
He added: "We look forward to working with Attorney General Harris, policymakers, and members of the legislature to review .. implement reforms to assure that public resources are not wasted on measures that clearly violate the law or Californians’ constitutional rights."

GMOB foiled in Old Town? Police searching area near Caito Fisheries

Two police cars and two officers, including Old Town Patrol Officer Louis Altic, have a suspect in Old Town detained near 737 2nd Street while they search the area near Caito Fisheries.

The guy is asking people for cigarettes while the officers are searching. The guy was not arrested or cuffed. Just spoke with Officer Altic. They are not sure who is the suspect but this guy in the photo and some other guys had an altercation before the police got there. The others went off running as police got there. The GMOB had two knives on him, Officer Altic said. The guy alleged that they took his jacket which was not recovered.



Benjamin Carter "likely to resolve in two weeks" according to defense

This afternoon in Courtroom 1,Judge John Feeney ruled on the defense request for a dismissal for Count 2 in the Benjamin Carter case. He denied the defense motion to dismiss Count 2.

At the last hearing, Mr. Acosta had requested more time to file a 995 motion and demurrer to Count 2 alleging "lack of specificity of firearm." After reading the People's objection and reviewing the defense motion, Judge Feeney said that he was going to deny the defense motion because the arraignment on information "refers to the shotgun as a firearm."

Mr. Acosta told the Court that he filed the demurrer "because Mr. Carter wanted to make sure what he was pleading to and that the jury might be confused by the physical evidence and which firearms he possessed."

 In court, Carter's defense attorney, Michael Acosta said "this case is most likely to resolve in two weeks."

After the court hearing, Mr. Acosta spoke with me and Will Houston from the Times-Standard. I have covered most of what Mr. Acosta said  in my previous posts which you can access via the link below including an exclusive on the defense offer.

Trial was confirmed and jury trial is currently scheduled for April 27. Trial assignment is April 24 at 8:30 and Trial Readiness on April 20 at 2 p.m. in Courtroom 1. The case is being prosecuted by Mr. Andrew Isaac.


Previous post (with other links to posts on this case):

johnchiv.blogspot.com/2015/03/benjamin-carter-new-trial-date-of-april.html

Rodney Ortiz murder suspect gets his wish for speedy trial; preliminary hearing on April 7

Rodney Ortiz was arraigned this afternoon in Courtroom 2for the murder of Daniel Colegrove. While he was privately talking to his attorney Mr. Casey Russo who had just been appointed, he whispered, "Okay. What I want is a speedy trial." And he will get that on April 7 at 8:30 at his preliminary hearing.  Intervention is April 2 at 2 p.m.

Ortiz's bail is three million, three hundred and twenty-five thousand dollars.

Ortiz looks nothing like his booking photo. He has a shaved head and no mustache. Visiting Judge Michael Beecher was the Judge for today's arraignment. DDA Jackie Pizzo present for the People.

Channel 3 was in the courtroom with a camera. Mr. Russo said that while the Judge had granted the order for a camera for this proceeding, he "objected to the presence of the camera in the courtroom and said this was highly prejudicial to his client." Mr. Russo said that he would be filing a motion objecting to cameras in the courtroom and that until his motion is granted, no cameras should be allowed for future proceedings.

Ortiz is charged  with one felony count of murder with special allegations of the use of a firearm during the commission of a crime and two counts of attempted murder resulting in gross bodily injury as well as being a felon in possession of a firearm.

Previous HCSO releases including arrest of Vincent Ortiz:


On 03-25-2015 at about 12:10 p.m. a Humboldt County Sheriff’s Office Deputy on patrol in the Willow Creek area spotted, Vincent Rudy Ortiz at the Patriot Gas Station with a 44 year old female companion. Ortiz was fueling a silver, Chevrolet, pickup truck. The deputy immediately took Ortiz into custody without incident.

Vincent Ortiz was transported to the Humboldt County Correctional Facility in Eureka where he was booked for accessory to homicide and his bail was set at $500,000 dollars. Ortiz was also booked on a felony, no bail warrant for a parole violation. The 44 female companion of Ortiz was transported to the Humboldt County Sheriff’s Office in Eureka to be interviewed by detectives.

_____________________________________________________________________________________
On 03-21-2015 at about 2:10 p.m. a Humboldt County Sheriff’s Deputy responded to the Kimaw Medical Center in Hoopa, regarding a 31 year old, male victim with a gunshot wound. While the deputy was responding to the medical center in Hoopa the Humboldt County Sheriff’s Office received another report regarding two more male gunshot victims at a residence on Redwood Grove Road off Pine Creek Road, Hoopa.

The Humboldt County Sheriff’s Office along with Hoopa Valley Tribal Police Department and the California Highway Patrol responded to the residence on Redwood Grove Road. When officers arrived on scene they located two male gunshot victims ages 73 and 29. Officers spoke to witnesses at the scene, who identified Rodney Vincent Ortiz age 52 as the suspect who shot the victims with a handgun. After the shooting Rodney Ortiz fled the scene in 2011, silver, Toyota, Rav4 with his son, Vincent Rudy Ortiz age 25.

All (3) three of the male victims were flown to a trauma hospital located in Redding, California. The male victim age 73 is currently listed in critical condition. The 29 year old male victim is currently listed in serious but stable condition. The 31 year old male victim was treated for his gunshot wound and has since been released from the hospital.

On 03-22-2015 at about 8:00 a.m. the Eureka Police Department located the silver. Toyota Rav4 parked and abandoned on the 600 block of Summer Street in Eureka. The vehicle was seized as evidence and will be processed for any possible evidence at a later date.

On 03-22-2015 at about 6:40 p.m. a Eureka Police Department Police Officer on patrol saw Rodney Ortiz walking in Winco Foods parking lot. Ortiz was taken into custody at gunpoint by the Eureka Police Department Officer without incident. Ortiz was transported to the Humboldt County Correctional Facility where he was booked for attempted homicide. Ortiz’s bail was set at 1.5 million dollars.

The Humboldt County Sheriff’s Office is asking for the public’s help in locating Vincent Rudy Ortiz, who currently has a no bail, felony arrest warrant for a parole violation. Vincent Ortiz is a person of interest in the shooting in Hoopa. Vincent Ortiz is considered armed and dangerous. Vincent Ortiz is described as a Hispanic male, 5’-7”, 160 pounds with brown eyes and brown hair.


The motive of the shooting is currently being investigated by Detectives with the Humboldt County Sheriff’s Office. The victims and suspects knew each other prior to the shooting. 

Mar 24, 2015

Male missing after he tried to rescue his dog near Redwood Creek

On 03/24/2015 at approximately 5:38 PM, the Humboldt County Sheriff’s Office (H.C.S.O.) was contacted by the United States Coast Guard (U.S.C.G.) requesting assistance with a search and rescue for a male subject that had entered the ocean at the mouth of Redwood Creek located at the end of Hufford RD in Orick. The male subject, age 20, was from out of the area traveling with friends. The subject entered the water at the mouth of Redwood Creek in an attempt to rescue a dog that was being pulled out into the ocean. Witnesses on scene soon lost sight of the male subject after he entered the water.
A search of the waters was conducted by U.S.C.G. helicopter and by U.S.C.G. marine vessel. Members of the H.C.S.O., California State Parks, CAL-Fire, and Orick Volunteer Fire searched the surrounding shoreline. The male subject is listed as missing at this time. The U.S.C.G. vessel will continue to search throughout the night. Members of H.C.S.O. Search and Rescue will continue the search at first light along with U.S.C.G. Helicopter.

Hoopa shooting victim identified as Daniel Peter Colegrove

On March 21, 2015 there was a reported shooting on Redwood Grove Road, Hoopa. Three victims were injured and all three were flown out of the area for treatment.

One of the victims eventually succumbed to his injuries and was declared deceased at a hospital in Redding. The deceased person has been identified as Daniel Peter Colegrove, age 73, of Hoopa. Cause of death will not be released until completion of an autopsy.

Former Sheriff deputy held to answer on charges against 1 victim, insufficient evidence for other victim's charges

Former Sheriff Deputy Jason Daniels was charged with three felony counts for the preliminary hearing: Count 1 penetration by a foreign object and Counts 2 and 3 sexual battery. People represented by Mr. Andrew Isaac. Defense attorneys Julia Fox and Steven Betts from the Bay area.

The Judge rejected defense's arguments about "consent issue" regarding Count 1 and Count 2 which related to the first victim. The defense tried to make issue of a statement that Jane Doe's ex boyfriend had given and that she got into the car with Daniels after the assault. Jane Doe's testimony in court this morning refutes this assertion by defense and explains the event of the night and her state of mind.

Judge Michael Beecher said he found "sufficient credible evidence" to support the charges and that he found the victim's testimony "credible."

Defense Counsel got third Count dismissed citing Calcrim Code that "there was no skin to skin contact." Mr. Betts said that Daniels touched Jane Roe "over her sweater" and that the People had failed to prove the elements that needed to be met. From Mr. Issac's remarks in Court, it looks like lesser charges for the second victim could be filed as a misdemeanor when Daniels is arraigned on information for the jury trial. That charge does not require "skin to skin contact" to occur.

Arraignment on information for jury trial on April 7 in Courtroom 5 at 2 p.m..

Second victim referred to as Jane Roe was in a car with a male friend driving near Samoa bridge. The friend was lost and was driving slowly and he pulled over. Suddenly, lights came on and they saw Jason Daniel's police car. It was late at night. First Daniels spoke with the driver, then he asked Jane Roe if she was on probation. She was and for possession of heroin. He asked her to get out of the car and asked her "if she had anything that might hurt me or stick me." She told him needles and put them on the seat of the car. He had her approach him and he was standing at the back of the car. Daniels told her that he wanted to search her. She didn't think anything of it. She had been searched before but by a female officer. He had "her up against the car, facing the car by the trunk," Jane Roe testified. She was bent over with her hands on the car. While searching her, "he groped me." Jane Roe told Mr. Isaac that Daniels touched her breasts over her sweater. It was not a pat down, "he rubbed my breasts".

She said she was "wierded out." Daniels kept insisiting she "was holding out on him" and that she was hiding more stuff. He asked her to empty her pockets. Finding nothing, he still pressed her about concealing something. Jane Roe said she told him that she would pull down her pants to prove that he was wrong. And he took her up on that offer. She pulled her pants were down to her knees,  and said, "he bent over and said, 'You look really good down there."

"I felt violated but I was too scared to tell him that," said Roe. "I was on my period" and he commented on her tampon string." Jane Roe said that "I was looking at his name tag and he had it covered. I knew the whole thing was not right."

Daniels let her go and she and her friend drove away. Jane Roe said that except for her boyfriend, Brian Griesbach, she did not talk to anyone about this incident. While she was in jail last year, her boyfriend encouraged her to talk to her lawyer, Mr. Marek Reavis.When Mr. Issac asked her why she did not go to the police right after the incident, she said, "He is a cop and I'm just a normal person." She did not think anyone would believe her over Daniels.

The People had both victims testify. The defense did not cross examine the second victim. As their evidence, the defense called the DA investigator Kyla Baxley in this case to the stand as their only evidence. She testified that when she interviewed the first victim's ex-boyfriend that Jose Garcia confirmed to Investigator Baxley that after the alleged assault Jane Doe did tell him about the incident with Daniels. However Garcia who had broken up with Jane Doe when he was interviewed, told Investigator Baxley that Jane Doe told him, "an officer had felt her up that night and she liked it." This was the only statement that Mr. Betts asked of Investigator Baxley.

On cross examination, Mr. Isaac asked Ms. Baxley how Garcia seemed about the victim and her alleged assault and Investigator Baxley said, "he was indifferent." Garcia's statement contradicts the victim's testimony.

Through Mr. Issac, both victim's assked the Judge, that they did not wish to speak to the defense counsel or a defense investigator. This is according to the Victim's Rights in California, link below.

http://oag.ca.gov/victimservices/content/bill_of_rights

Jane Doe gives graphic testimony of sexual assault and Daniels asking her "Do you like that?"

Jane Doe testified how a call to her boyfriend's trailer near Jacob's Avenue  resulted in her being detained by Jason Daniels, a former Sheriff's deputy. She was arguing with a friend Ruby, who she thought was sleeping with her boyfriend at that time.

Daniels responded to the ruckus and he did a pat down and put her friend in the backseat of the car and then put cuffs on Jane Doe. He told her she was not being arrested but being detained.

While Jane Doe was cuffed, with Ruby in the backseat of Daniel's patrol car and her boyfriend watching from his trailer a few feet away, Jane Doe said Daniels touched her breasts, pushed her against his patrol car, put his hands under her skirt, pushed her panties aside and "stuck his fingers inside her" and said, "Do you like that?" She said he had an erection and was grinding against her butt" while fingering her. He later asked her for a blowjob.

"I was afraid he was going to hurt me, he is the fucking law, he could shoot me, he could do anything he wants" is what Jane Doe said when Mr. Issac asked her why she didnt say anything or stop Daniels.

While testifying, Jane Doe's voice quivered with anger and frustration, dropping to a lower voice and embarrassment when having to relive her assault. Mr. Issac, the prosecutor in the case apologized for asking specific questions but explained gently it was necessary and Jane Doe relived her assault today in open court with Daniels a couple feet away directly in front of her and with his wife in the courtroom.

She had to tell every one present what she was wearing. "A skirt, panties, a shirt and a bra." She said Daniels first touched her shoulder over her clothes, then he pushed her against the vehicle, the front of her body was against the vehicle. "He had his lower portion grinding against my back part. Basically, he was feeling me up. He went from my shoulders down to my bust, down to my hips while grinding behind me. I started to laugh because I was thinking how stupid an officer would have to be to do this."

She said she did not say anything because "I was afraid he was gonna hurt me. He is the fucking law. He could shoot me. He can do anything he wants." She said he touched her over her clothes "until my vagina. He slipped my underwear aside and stuck his fingers inside me" and said, 'Do you like that'." She said the last part was for "maybe a minute and a half." While he was doing this, with his free hand, she said he was holding a flashlight, trying to "blind traffic or Ruby" but then stopped, she  because of the cars going by on the highway.

"I decided to go along with whatever was going on in his crazy fucking mind." At this point, Mr. Issac stopped her and said, "You are upset and angry because of the  presence of certain people in Court but out of respect for the Court, please watch your language."

Jane Doe said that after Daniels did all of this, he asked if Ruby and she needed a ride home. He called over the radio and said, "he was doing a transfer".She did not want Ruby to be alone so she went in the car when Daniels dropped Ruby off at the Clarion motel. Then she wanted to get back to her boyfriend and so she was with Daniels in his car going back to Jacob Avenue. Daniels asked her to ride in the front seat with him and this is when he asked for a "blowjob" and she refused. At this point, she said that Daniels said to her,"Don't say anything about what we did because I could be in a lot of trouble."

When she got out of the car at her boyfriend's house, she said she was irritated because "I was taken advantage of."

Three months after the "incident" Jane Doe was in jail and she told her lawyer (Glenn Brown) of this incident after she saw Daniels in the hallway in the jail and then talked to District Attorney staff. Seeing Daniels made her feel unsafe and brought back memories of her being abused as a child. :I was molested when I was little."

On cross examination by Mr. Betts, Jane Doe repeated her account and was very consistent. Mr. Betts asked her about a statement to DA Investigator Kyla Baxley claiming she said, "it was okay" to Daniels when he was touching her.

Jane Doe said, "I didn't say it was okay. I was joking around, like in a porno. I was surprised." Jane Doe said Ruby told her that she saw what Daniels did to her and so did her boyfriend Jose but that he was jealous and told her, "Why don't you go back with that cop?"

On re-direct, she told Mr. Isaac that she stayed quiet because she did "not want to get anyone in trouble." She added, "as I learnt later that are lot of repercusssions from accusing a police officer."

Jane Doe testified about death threats  made to her by a "Chris" claiming to be Daniels' family, if she testified. She ended up in a car with this guy after she got out of jail and needed to make money and a friend of hers said, "she could hook her up with a guy." Mr. Issac said, "you mean sex for money?" Jane Doe said this Chris drove her to the woods for this gig and brought up Daniels and put "a gun to her head" and described the many ways he could kill her and this was by the Hoops waystation.

At the end of her testimony, Mr. Isaac asked her questions about each specific contact with Daniels asking her if she wanted him to do that and she emphatically said no.

Witness shows up, Jason Daniels preliminary back on

Jane Doe # 1 already testified. Jane Doe #2 will testify this afternoon. I will have detailed coverage after the hearings.

Will Houston from Times-Standard and I are the only two covering this case and hearing.

Humboldt County Supervisors meeting in closed session to select next County Counsel

Humboldt County Board of Supervisors met in closed session today to interview five candidates for the position of County Counsel.

A decision was expected mid afternoon, according to Tracy D'Amico, administrative assistant to Supervisors.

Supervisors Ryan Sundberg and Supervisor Virginia Bass clarified later that only interviews being conducted today, no decision will be made today.

Material witness against former sheriff's deputy Jason Daniels bails, warrant issued, preliminary hearing continued until April 20

A preliminary hearing was scheduled this morning for former HCSO deputy Jason Daniels, accused of rape. The case is being prosecuted by Mr. Andrew Isaac and Daniels is represented by Julia Fox and Steven Betts.

Jane Doe # 1 did not show up for the last hearing until after it was contiued and only after the DA investigators went and found her. She left phone messages for Mr. Isaac for today's hearing that he said "didnt seem accurate."

She is already has warrants issued for her third violation of probation. The second Jane Doe was served with a subpoena but she has not returned the green card so she is not "technically legally served".

Daniels and his wife were talking with his attorneys outside the courtroom before today's hearing and after. Mr. Killoran and Ms. Fox chatted briefly after today's case.

Mr. Issac told the Visiting Judge Michael Beecher that given the "circumstances described, he had no problem setting the date but he could not guarantee" the witness being there.

The names of the complaining witnesses are confidential and not being published, even if it is stated in open court.

http://johnchiv.blogspot.com/2015/03/caese-management-conference-held-today.html?m=1 outside the courtroom. There is also a civil harassment case filed against Daniels by a K. Franks. In the case, he is being represented by Lawrence Killoran.


http://johnchiv.blogspot.com/2015/02/preliminary-hearing-for-former-sheriffs.html?m=1

http://johnchiv.blogspot.com/2015/03/case-management-conference-held-today.html?m=1

Mar 23, 2015

Allergy to weed?

Can You Be Allergic to Marijuana?

About seven years ago, Kathryn Wick was going about her job as a child crimes detective in Texas when she entered a house that literally took her breath away. "It felt like my throat was just like shut completely off -- I couldn't breathe," says Wick, 30. She left the scene and went to a hospital, where she was treated with two EpiPens and a hefty dose of the severe allergy medication Prednisone. "I come to find out," Wick says, "they found a whole bunch of marijuana in the house." Still, she brushed her reaction off as a fluke and went back to work.
Then it happened again -- this time, at a house on the other side of the county. "As soon as I entered the door, I was done," Wick says. After that, any time she was around pot or even near anyone who had been around it, she lost her breath and felt so itchy she'd scratch her neck until it bled. "I'd blow up like a red balloon, and my throat would swell," Wick says.
By then, Wick knew it wasn't a fluke: She was allergic to marijuana.
"They say it helps with glaucoma, it helps with cancer patients -- and I'm so thrilled that it does that," says Wick, who now works in a hospital. "But I'm sitting over here in the corner saying, 'What about me?'"
'A New Challenge'
Researchers don't know how many people are allergic to marijuana, but reports of reactions -- which range from sneezing and rashes to anaphylaxis -- to both marijuana exposure and use are on the rise, according to a paper published this month in the Annals of Allergy, Asthma & Immunology.
"It wasn't necessarily a surprise that a pollinating plant could cause allergies," says paper co-author Thad Ocampo, an allergist at Wilford Hall Ambulatory Surgical Center in San Antonio, Texas, an Air Force medical treatment facility. "But I was surprised by the variety of allergic conditions that have been attributed to cannabis use and exposure."
Anecdotally, allergists have seen more patients with the allergy in their clinics, too.Dr. William Silvers, an allergist in Englewood, Colorado, and clinical professor of medicine at the University of Colorado School of Medicine, has seen two patients in the past year with the allergy. That's about the same number of patients he's seen with it in his last 30 years of practice.
"With increasing exposure given the availability of marijuana, my guess is there will be increasing sensitization, especially [with] patients who have other allergies, and we will be seeing more," Silvers says. "This is a new challenge for the allergy community."
It's unclear what the exact allergens are -- be it the pollen, THC (the main ingredient of cannabis that alters brain function) or another compound of the marijuana plant Cannabis sativa, the Annals paper says. In all likelihood, people react to different compounds or combinations of compounds, says Dr. James Sublett, an allergist-immunologist and president of the American College of Allergy, Asthma & Immunology. "A lot of people think of an allergen as just the pollen grain, but actually, it's at the biochemical level," he says.
Marijuana's illegal status in many states, including Texas, only complicates matters by making the allergy difficult to study, identify and treat. On the flip side, more widespread marijuana production and use in the places where it is legal -- and even where it's not -- is a nightmare for people like Wick, who have to go to greater lengths to avoid exposure.
"If it becomes legal in Texas," she says, "I'll have to be sitting at home on disability to stay alive."
Life in a Bubble
After pinpointing the cause of her reactions, Wick sought help from an allergist. But when she called around and told the clinics what she was allergic to, "I got laughed at," she says. It took her more than a dozen tries before she found Dr. David Engler, an allergist at the Houston Allergy and Asthma Clinic, who agreed to see her. "He said, 'I don't make fun of anybody's allergies because you never know when it's real,'" Wick remembers. "'And yours is real.'"
Still, confirming her allergy with a skin test --a common way to diagnose other allergies -- isn't always possible, particularly in places like Texas where the substance is illegal. Engler says the U.S. Drug Enforcement Administration denied his office's request for a small sample of cannabis extract that would be used to test for Wick's allergy, then destroyed. There's also no blood test commercially available, he says.
So in Wick's and other patients' cases, the allergy is often identified simply by taking a thorough clinical history. "By history, her diagnosis is so certain, and it's not really going to change my treatment," Engler says.
Like with any allergy, the best way to treat a marijuana allergy is to avoid it. For people who only react to smoking or ingesting the substance, that sounds easy -- not to mention, always legal. But for people like one of Silvers' patients, who developed a skin reaction after working in a marijuana cultivation facility, avoiding the allergen could mean being out of a job. "The more exposure, the worse the allergic reaction," Silvers says.
Then there's the rarer, more severe cases like Wick's. For her, avoiding people who have recently smoked, places where people have lit up or even air that carries the plant's pollen is simply not practical. "It's a daily struggle," Wick says. "That's the hardest part -- trying to live in a little bubble."
What's more, unlike some other allergies, a marijuana allergy can't yet be treated through desensitization -- a process of exposing patients to allergens to lessen their reactions -- since there's no cannabis extract commercially available.
So for Wick, treatment comes down to being prepared. When she goes grocery shopping, she's in and out of the store by 8:30 a.m., when other shoppers start to flood in. When she travels -- which is rarely -- she packs a kit filled with EpiPens, Benadryl and steroids. She used to love to go out dancing, but she doesn't do that anymore. She taught her two daughters, ages 6 and 12, how to inject her with an EpiPen. She's canceled plans to visit Colorado and the District of Columbia. And most days, she only travels between home and work, where she wears nylon sleeves under her uniform.
Wick also tries to take three shots of anasthma medication every two weeks. The medication helps her throat stay open in the case of a reaction. "I may be scratching blood off my neck, but I can breathe," Wick says. "If I can breathe, I'm good."
Still, Wick can't always take the shots. Her tab is about $500 a month after insurance and the medication company chip in. (While insurance companies don't recognize marijuana allergies, they do acknowledge asthma, which Wick also has.)
Despite her medication lapses, Wick's bigger concern is that her children will develop the allergy, too. "I hear all the time that people wish their kids were allergic to weed, and I tell them, no they don't," she says. "Hopefully by the time [my children] grow up, there will be some kind of cure."

Frequent DA informant Quentin Williams avoids prison but gets additional time in jail

Today in Courtroom 4, Quentin Williams received probation. He waived some previous custody credits. He was sentenced to an additional 120 days in Jail, with custody credits since his plea. There is an executed sentence suspended of 3 years in prison if he violates his probation.

Feb 26, 2015
Will frequent informant Quentin Williams avoid prison for his failure to register as a sex offender?

Quentin Williams may avoid prison if Judge Timothy Cissna accepts his conditional plea on  March 23.
Williams plead to California penal code 290. He will get jail time and probation but no prison as part of the plea agreement. To avoid prison, his probation has to be "successful."
The District Attorney's office originally wanted prison time. The case was originally handled by DDA Luke Brownfield and is now being prosecuted by DDA Stacey Eads.
Nov 24, 2014Frequent DA informant Quentin Williams lucks out getting Allan Dollison appointed as his defense attorneyOn November 6, Allan Dollison was appointed as Quentin Williams attorney by the court. He met with Williams, who has been charged with a felony; failure to register as a sex offender. Williams is a frequent DA informant and listed below are links on Williams and he testified in two recent cases:
On November 7, after meeting with Williams, Mr. Dollison requested that a disposition/reset hearing be scheduled for this afternoon at 2 p.m. in Courtroom 4. The case is being prosecuted by ADA Kelly Neel. At the last hearing, Mr. Dollison told Judge Dale Reinholtsen that there were some discovery issues to be addressed and he submitted a funding order for investigator.
This afternoon, DDA Luke Brownfield was present for the People. Mr. Dollison told the court that he expected a subpoena back on December 17 and requested a Intervention hearing to be set soon. That was set for 3 p.m. on December 17. Mr. Dollison continued to waive time on this case on behalf of his client and a preliminary hearing was set for December 30 at 8:30 a.m.

Mr. Williams has tried to help many inmates out, will someone return the favor?

Last post with other links:
http://johnchiv.blogspot.com/2014/11/frequent-da-informant-and-bodhi-tree.html

William Reid's sister described the horror of visiting her brother's home and discovering burnt belongings under the leaves touching her feet

William Reid's sister read a statement from her niece and it started with a happy memory of the last two visits when he went to see his family in New York. Then she read the following words from her niece:"It wasn't his sudden death, but the way he died that left my family heartbroken. It hasn't done any good for me to focus on the horrible death and the horrible individuals who killed my uncle. That is why I want you (the Judge) to hear the goofy stories and memories of my uncle."

Then Ms. Reid showed the Judge a picture of her brother. She presented the Judge with a petition signed by 700 people who want justice for William Reid's death. She said the people who suffered most were her parents. Her mother had been hospitalized with lung cancer around the time the family learned about his death. This was in addition to the breast cancer she had. This was the second child her parents had lost. Since the loss of her brother, her mother passed away. Her father is in hospital now, too weak to even write a victim statement. "This case has broken him."

Ms. Reid cried as she recalled learning how her brother had died. "My God, give us a sign that he was already dead" when his body was burned. "Limmie Curry threw my brother away like garbage but it is Limmie Curry who is garbage. He is a sociopath. Only a sociopath would throw a Superbowl party after violently murdering my brother."

William Reid's sister described the horror of visiting her brother's home and discovering his burnt belongings under the leaves touching her feet. She broke down at this point, paused a bit and then continued.

"He's been silenced forever, Limmie Curry took that light from us"

"Thanks for the ride operation mind fuck ..." ; Limmie Curry's father sends a cryptic message on behalf of his son

Limmie Curry's father has been there for his son since the first mistrial and for this trial. I have talked with him several times outside the courtroom. William Reid's family got to speak at Eddie Lee's trial, today in the court and has indicated she may later to the press.

Curry's father asked me to print a message he wrote on a card and handed it to me after court. And requested I type it verbatim.

"Thanks 4 the ride operation mind fuck. The journey of bullshit. Fuck all u bastards. N U know who the fuck U R. 2020 It is what it is."

He has expressed previously that he feels "his son was the fall guy".


Jury trial for Arcata chef stabbing suspect Juan Ferrer to proceed on April 6

A trial confirmation for a jury trial for Juan Ferrer who is charged with stabbing Arcata chef Douglas Anderson-Jordet was scheduled today. Ferrer is represented by Mr. Marek Reavis. DDA Roger Rees is prosecuting the case. In the last post, Judge Timothy Cissna met with the attorneys to see if they could resolve the case 'informally" but then told the attorneys not to discuss anything. There is no gag order in this case.

Mr. Reavis had previously said he would pull the time waiver in this case so that the jury trial would be a "hard set' for April 6. Trial Readiness is on April 2 at 3 p.m. and Trial Assignment: April 3 at 8:30 a.m.

Previous posts:

http://johnchiv.blogspot.com/2015/03/this-morning-at-830-in-closed-courtroom.html
http://johnchiv.blogspot.com/2015/03/sneak-preview-on-ferrer-defense-to-pull.html



"Limmie Curry threw my brother away like garbage but it is Limmie Curry who is garbage"

Judge Timothy Cissna sentenced Limmie Curry today for the murder of William Reid. The case was proscuted by DDA Kelly Neel and Curry was represented by Public Defender Casey Russo.

William Reid's sister, Marilyn Reid, read a grief stricken statement to Judge Cissna before the sentence was finalized this afternoon. "Limmie Curry threw my brother away like garbage but it is Limmie Curry who is garbage," was towards the end of her statement.

While she read her statement and one from her niece, Curry's stood silently with his attorney. His father and pastor were in the courtroom.

Once court was over, Ms. Reid walked out with Ms. Neel in tears and she hugged Ms. Neel. Victim Witness representative Marybeth Bian and Ms. Neel as well as DA investigators escorted Ms. Reid out of the building. Through victim witness, she said she would speak to the media later but was not ready to say anything at the moment.

Before Ms. Reid spoke, Ms. Neel addressed Judge Cissna explaining the circumstances of the plea deal. "This case has a long road to resolution. This resolution is not what the people prefer. There are evidentiary reasons," said Ms. Neel. I have covered the second Curry trial and his co-defendant's trial in detail so I am not going to include the summary Ms. Neel said in her post.

Ms. Neel reiterated what was testified in Eddie Lee's trial, that case, the circumstances that led to William Reid's death and that Curry had "no prior relationship" with Reid except through Eddie Lee. She brought up Eddie Lee's aqcuittal. "Mr. Lee was cooperative and willing to testify but the People have concerns about his credibility."

Ms. Neel brought up the fact that they could not locate Jessica Lee, Curry's girlfriend for this trial despite spending hours. They could have read her testimony but it would not have been the same as having her in court. Ms. Neel said that Jessica Lee would have testified that Curry admitted to her that he killed Reid.

Ms. Neel said that had this case gone to trial, "What Mr. Curry cannot get past in his trial is a phone call he made to his brother that he brought property in Blue Lake." She said both sides had issues going to trial and with the plea deal, "At least, we can hold one of the people responsible for Mr. Reid's death."

After the victim statements were read, Judge Cissna addressed Ms. Reid, "As you know, this agreement was reached between the defense and the prosecution. I cannot increase the sentence anymore than I can decrease it."

Curry plead to the highest term for the lesser charge of voluntary manslaughter which is 11 years. He got an additional year for the special allegation of being armed with a firearm at the time of committing the crime. He is ineligible for probation. He has credit for 1,058 days served in jail and 278 good time credits totalling 2,136 days of credit. Among the fines he had to pay is a $1,000 court fine, $3,600 restitution fine and the court reserved the right to reserve restitution of out of pocket expenses to the victim's family. "Upon release, he will be on parole for 3 years, said Judge Cissna. " He cannot possess a firearm for life.


Some of previous posts:
http://johnchiv.blogspot.com/2015/03/william-reids-family-allegedly-pissed.html
http://johnchiv.blogspot.com/2015/03/plea-deal-in-limmie-curry-case-12-years.html
http://johnchiv.blogspot.com/2015/01/eddie-lee-free-man-but-his-former-honey.html
http://johnchiv.blogspot.com/2014/10/eddie-lee-case-dismissed-judge-feeney.html

Victims and suspect knew each other in weekend Hoopa shooting



On 03-21-2015 at about 2:10 p.m. a Humboldt County Sheriff’s Deputy responded to the Kimaw Medical Center in Hoopa, regarding a 31 year old, male victim with a gunshot wound. While the deputy was responding to the medical center in Hoopa the Humboldt County Sheriff’s Office received another report regarding two more male gunshot victims at a residence on Redwood Grove Road off Pine Creek Road, Hoopa.

The Humboldt County Sheriff’s Office along with Hoopa Valley Tribal Police Department and the California Highway Patrol responded to the residence on Redwood Grove Road. When officers arrived on scene they located two male gunshot victims ages 73 and 29. Officers spoke to witnesses at the scene, who identified Rodney Vincent Ortiz age 52 as the suspect who shot the victims with a handgun. After the shooting Rodney Ortiz fled the scene in 2011, silver, Toyota, Rav4 with his son, Vincent Rudy Ortiz age 25.

All (3) three of the male victims were flown to a trauma hospital located in Redding, California. The male victim age 73 is currently listed in critical condition. The 29 year old male victim is currently listed in serious but stable condition. The 31 year old male victim was treated for his gunshot wound and has since been released from the hospital.

On 03-22-2015 at about 8:00 a.m. the Eureka Police Department located the silver. Toyota Rav4 parked and abandoned on the 600 block of Summer Street in Eureka. The vehicle was seized as evidence and will be processed for any possible evidence at a later date.

On 03-22-2015 at about 6:40 p.m. a Eureka Police Department Police Officer on patrol saw Rodney Ortiz walking in Winco Foods parking lot. Ortiz was taken into custody at gunpoint by the Eureka Police Department Officer without incident. Ortiz was transported to the Humboldt County Correctional Facility where he was booked for attempted homicide. Ortiz’s bail was set at 1.5 million dollars.

The Humboldt County Sheriff’s Office is asking for the public’s help in locating Vincent Rudy Ortiz, who currently has a no bail, felony arrest warrant for a parole violation. Vincent Ortiz is a person of interest in the shooting in Hoopa. Vincent Ortiz is considered armed and dangerous. Vincent Ortiz is described as a Hispanic male, 5’-7”, 160 pounds with brown eyes and brown hair.

The motive of the shooting is currently being investigated by Detectives with the Humboldt County Sheriff’s Office. The victims and suspects knew each other prior to the shooting.

Judge in Egger vs Board of Supervisors tells Janelle to make her political position known,, seek remedy in legislature and points out legal failures

Visiting Judge Arnold Rosenfield heard arguments by County Counsel and Janelle Egger, who is representing herself, regarding her lawsuit against the Humboldt County Board of Supervisors.

He will issue a written  ruling and has 90 days to do so. County Counsel Davina Smith presented arguments in court today. Ms. Anne Nguyen was also present. Three supporters including Carol Connors and two Occupy members were in court to support Egger.

The Judge was extremely patient with Ms. Egger who was defensive at times, not able to articulate her position and having difficulty legally supporting her arguments.

Janelle argued with the Judge on law and refused to follow certain legal procedures and suggestions  when cornered in court and when the Judge was trying to help strengthen her case. If it were not for his questions, Janelle's presentation would have been even more confusing.

Before each party presented their legal arguments, Judge Rosenfield summarized both party positions. "We are here today because of a writvof mandate filed by Ms. Egger alleging that the Humboldt County Board of Supervisors have not been abiding by the Brown Act regarding certain business."

"The Court read the pleadings," said Judge Rosenfield. "I did not have time to read every attachment. " Looking at Janelle, he said, "It was very confusing by your verbage. The Court's understanding is that you are challenging conduct of certain committees being covered by the Brown Act. There is a failure on your part to file a cease and desist" on the Board of Supervisors. The Human Rights Commission should be a separate party to this legislative action."

There were objections filed by County Counsel to late pleadings by Janelle and the Judge had not received everything by email but he had the complete file to review before hearing.

Ms. Smith used an example of a claim by Janelle to illustrate that there had been no violation of the Brown Act. She cited codes. "The Agenda Review Meeting is not a legislative body, nor is it a meeting. It is a housekeeping meeting." Another example was where Janelle claimed an item was not on the agenda, it was put on later. Ms. Smith said sometimes this happens due to scheduling. She said case laws allows Board of Supervisors to set the agenda. Public comment allows any member of the public to inquire about any item. Referring to a April 1, 2014 meeting where anad hoc committee was formed with Supervisor Rex Bohn and Supervisor Mark Lovelace directing them to work with staff, again no violation of the Brown Act occurred because there is an exception where government can communicate with staff and Ms.Smith cited that code. "To speak staff, you don't need to post an agenda."

Ms. Smith went example by example showing how some of the exhibits filed did not match Janelle's assertions. There were codes and legal proceduresnot followed. The County asked for the lawsuit to be "dismissed  unless CHIP or the Human Rights Committee are indispensable parties. They are separate legislative bodies with their own internal policies and minutes." Janelle is asking the Court to make HRC comply and according to County Counsel "this is a fundamental flaw that needs to be remedied. How does the Court reach out to the Human Rights Committee?"

"There are no legal conclusions and factual conclusions and not enough legal facts to support. Ms. Egger cites dictionary, not statutes."

The Judge after hearing from County Counsel said, "As I read this, the question that came up for me is what is the goal other than being in Court? This is more of a practical problem than a legal problem."

Janelle's answers to the Court were often not directly responding to questions. The Judge pointed out to Janelle that "it was not a violation if the Board picks up certain recommendations and all of them."

When the Judge tried to tell Janelle that she needed to name the the organizations as respondent. Janelle said, "I wouldn't feel right doing it." The Judge said, "That is not a legal argument." Then Janelle said, "I request you do it, not me." The Judge said, "That is not my responsibility."

She argued with the Judge about the law and who needs to be names as a respondent. She argued that she did not need to provide a cease and desist letter.

Civil cases are complex. Trying to cover a court case where the petitioner is looking up law and trying to represent herself from the internet and not willing to admit that a political agenda does not make a lawsuit.

Highlights of Judge's remarks to County Counsel and Janelle.

Court to Ms. Smith: "You might be arguing a successful summary judgement motion."

Court to Janelle: "As I read this, the question that came up for me is what is the goal other than being in court? This is more a practical problem than legal problem."

Court to Janelle regarding her goal: "Isn't the remedy to make your political position known?"