Oct 3, 2015

Steve Volow of CASA reacts after I took his photo at the CASA Kid Walk

I showed Steve this photo, told him that I was going to use the headline and what he said. After I took this photo and a few others, Steve and the volunteers asked me the name of my site. I introduced myself. Steve quipped, "So you are the infamous John Chiv!" We all laughed and he shook my hand as did others.

Sorry to disappoint my critics but that good natured roast was because Steve and CASA understand the flack I take for some of my coverage, especially the domestic violence and sexual assault and abuse cases.

CASA is a great organization. The CASA Kid Walk is going on until 7 this evening.

"Unite against Crime", "Give a hand up, not a hand out" and "Poop or Get off the Council" photos from anti-crime rally

These photos were taken by Steve Payton especially for my blog. From the anti-crime rally near Bayshore Mall organized by Operation Safe Streets today from 5 to 6:30 p.m.

Oysters, crab cakes at Azalea Hall for Susan Rotwein's fundraiser

Oysters, crab cakes at the fundraiser for Harbor District Candidate Susan Rotwein at Azalea Hall in Mckinleyville tonight.

Check out her facebook page.

Arts Alive, Casa Kid Walk, Anti-Crime Rally, where will you be this evening?

Operation Safe Streets is having an anti crime rally in front of the Bayshore Mall this evening from 5 to 6:30.

It is also Arts Alive and CASA Kid Walk. K

Operation Safe Streets Gene Bass said this when I told him I was covering Arts Alive instead of the rally.

"Wine before crime?"

I told him CASA kid walk and to support the latest new business in Old Town.

utThroat Barber Lounge is having food, popcorn, pomade and beard oil samples at a celebration this evening during arts Alive. Owner Rob Blair cleaned up the hedge area in front of his shop and Speakeasy and layered it with oystershells from Bucksport. Eureka Rescue Mission crew helped with the clean up. The crew was facilitated by Eureka Main Street's Charlotte McDonald.

City Manager Greg Sparks explains in plain language the Chronic Noise Ordinance

City Manager Greg Sparks in the City of Eureka e newsletter explains the proposed Chronic Noise Ordinance. First reading was September 15.

 "The  purpose  of  the  ordinance  is  to  provide  clear  administrative  and  judicial  remedies  against  those  who  maintain  a  property  in  such  a  manner  as  to  create  an  ongoing  nuisance  condition that  is  detrimental  to  public  health,  safety, and  quality  of life.    The ordinance  is  intended  to  address  both  criminal  behavior  and  physical nuisance  conditions,  such  as  garbage  and  building  code  violations.    Why is  this  necessary?    The  city  currently  has  an  ordinance  that  can  provide corrective  action  for  properties  but  the  practical  utility  of  that  code  has been  hampered  by  vague  language  and  due  process  issues.    The  proposed  Chronic  Nuisance  Code  was  developed  to  be  more  objective  and to  place  the  ultimate  authority  for  summary  closure  in  the  hands  of  the court.    What  this  code  proposes  to  do  is  that  nuisance  activities  be  classified  into  three  tiers  with increasing  points  assigned  to  each  tier.    For  instance,  disturbing  the  peace  earns  one  point,  unlawful discharge  of  a firearm  two  points,  and  manufacture  or  sale  of  a controlled  substance  earns three  points.    Physical  nuisance  conditions  such  as  building  code  violations  can  earn  two  points, with  all  physical  violations  considered  collectively  for  the  purpose  of  the  code.    Once  a  property accrues  five  points  in  any  twelve  month  period,  it  may  be  designated  as  a  chronic  nuisance  property.     The  purpose  of  the  code  is  to  address  and  solve  problems.    A  voluntary  abatement  plan  will  be developed  with  the  owner  or  responsible  party  to  provide  an  opportunity  to  take  mutually agreed  upon  corrective  actions  to  either  curb  criminal  behavior  and  to  correct  physical  nuisance violations.    The  code  provides  for  civil  penalties  of  up  to  $1,000  a  day  and  summary  closure  of the  premises  for  up  to  one  year.    This  proposed  ordinance  provides  clear  guidance  on  the  procedures  for  summary  closure and disposition of  the  property  during  closure. As  with  most  ordinances,  this  is  not  a  cure  all  for  every  problem  property  in  the  city.    However,  it is  a  tool  that  provides  our  police  and  code  enforcement  personnel  with  the  means  for  addressing problem  properties.    The  second  reading  of  the  ordinance  is  scheduled  for  October  20,  and  if  approved, will go into effect thirty days after passage. "

Another key witness in Arreaga case with inconsistencies and selective amnesia regarding testimony

Friday, October 2, I briefly checked in at the Arreaga trial. Rodney Coombes had finished testifying but other witnesses were still on the stand.

 Will Coombes be recalled by the defense?

In his opening statement, Deputy District Attorney Zachary Curtis referred to Coombes. In her opening statement, Ms. Heidi Holmquist said there were no eyewitnesses and if there were, it would be a surprise on the stand?

I was not present for the one witness that gave key testimony on Friday. Was he beneficial to the prosecution or the defense. You decide.

The rest of us have not covered the Arreaga trial daily, only Paul Mann from Mad River Union has been present every day, so far.

Will Houston from TS covered a couple of days in the Arreaga trial, on Friday, Jessie Faulkner covered the Arreaga,case.

This is the Mad River Union article:

 Surprise testimony today, Oct. 2 in the Jason Michael Arreaga double murder trial provided an unexpected eyewitness account which expressly identified the suspect from Lucerne as the perpetrator of the Fieldbrook shootings a year ago September that claimed the lives of lovers Angel Robin Tully and Harley Hammers Jr., both 37, of Eureka.

The apparent breakthrough testimony came from Fieldbrook lawn keeper and prosecution witness Rodney Coombes, who alleged that Arreaga brandished his pistol at him and yelled “Do you want some of this?!” as Coombes fled down the driveway of the residence where the two murders occurred.
Pointing to Arreaga at the defense table as the man with the gun, Coombes said Harley Hammers “got shot three times as he’s running down the driveway,” Coombes following Hammers as they both ran to escape the flying bullets.
Caught off-guard, Arreaga’s lawyer, Heidi Holmquist, immediately challenged the surprise account, confronting Coombes with the fact that police transcripts verify he did not tell detectives he had witnessed the gunfire when they interviewed him in the immediate aftermath.
Holmquist also called attention to Coombes’s rap sheet, portions of which he claimed not to remember.
Nevertheless, Coombes, who knew Hammers, stood his ground that he saw Arreaga wielding the gun. “I didn’t know if he was shooting at me or what,” he testified.
“And you actually saw this?” Holmquist asked skeptically.
“Yes,” Coombes answered firmly, saying Hammers “was getting out of his car” from the driver’s side  as the fatal encounter occurred.
Challenging Coombes head-on, Holmquist read aloud to him from the transcript of investigators’ interviews, quoting him as saying “I never seen him shoot nobody,” meaning Arreaga.
“I know I didn’t say that,” Coombes retorted. “They must have misunderstood me.”
Becoming agitated as Holmqvist zeroed in on the glaring discrepancy, Coombes bellowed, “Right now, this is a bunch of bullshit! I feel like I’m the one being prosecuted! It’s the same story [from a year ago] I’m telling you right now!”
So the recording and the transcript are mistaken, Holmquist parried, her tone edgy.
“I want to hear it [the recording]!” Coombes exclaimed. Holmquist replied evenly, “Well, we might get to that later.”
Next, she asked Coombes to describe the gun. “I couldn’t really describe it, I don’t know,” he replied.
But you are certain you saw it? “Yes, I saw a man with a gun. Harley was getting out of his car and I told the officers that.”
“I was scared to death,” Coombes added. He insisted that investigators “asked if I saw the shooting and I said I did. I told ‘em two, it might have been three” gun shots. He repeated “I didn’t even know if he was shooting at me, I was gettin’ the hell out of there!”
Asked by Holmquist, Coombes said he had not been drinking or using meth before of after the murders. He said he had been clean for sometime.
She queried him about his prior conviction for petty theft in 2007 and he declared flatly, “I never stole anything.” But he retreated immediately when she showed him his rap sheet.
Coombes also claimed he did not recall being convicted in 2013 of car theft – taking it without the owner’s consent – and being placed on 18 months’ probation.
The trial resumes Monday.

This is the TS article:
Taking the stand Friday morning in the double murder trial of Lake County resident Jason Michael Arreaga, witness Rodney Coombes of Fieldbrook described fleeing for his life on Sept. 3, 2014.
Arreaga, 30, has pleaded not guilty in the shooting deaths of Eureka residents Harley Wayne Hammers Jr. and Angel Robin Tully, both 37, in Fieldbrook. Coombes testified that he'd finished work on the day in question and was driving south on Fieldbrook Road nearing Wagle Lane when he heard what he thought were two shots.
Coombes said he looked over and saw Hammers' vehicle parked in the driveway of a residence south of Wagle Lane, as well as two men and a woman standing over someone on the ground. He told the court that he turned into the driveway, pulled the emergency brake and jumped out.
"Did anything else get your attention?" Deputy District Attorney Zachary Curtis asked.
"A man with a gun standing there asking me if I wanted some of this," Coombes responded. "(I said) No."

Coombes said he recalled seeing Hammers in his vehicle then running down the driveway where he was shot three times.
"He was trying to get the hell away," Coombes said. "He was screaming."
Coombes said he was running right behind Hammers.
Asked by Curtis if the man he saw with a gun that day was in the courtroom, Coombes responded "yes," pointing to the Arreaga.
Arreaga's attorney, Deputy Public Defender Heidi Holmquist, questioned the reliability of the Coombes' statements, pointing out inconsistencies between the witness' testimony Friday morning and what Coombes told sheriff's investigators on the night of the shooting and during an interview two days later.
Coombes testified he had said he saw shots fired at Hammers.
"I told them I did see the shooting," Coombes said, referencing his discussion with law enforcement the night of the shooting.
"Two days later, in an interview with a cop," Holmquist asked, "isn't it true you said, 'I didn't see them shoot anybody.'?"
"I didn't say that," Coombes replied.
When Holmquist read the transcript of that conversation. Coombes denied saying it.
"This is a bunch of bulls---," the witness said. "I don't like what's happening here. I'm feeling prosecuted."
In further questioning, Coombes reiterated that he saw Arreaga with the gun.
"I ran out of the driveway scared to death," he said.
Further questioning was directed toward Coombes' past arrests. Petty theft was not a charge he remembered.
When shown documentation by Holmquist, Coombes conceded that a petty theft conviction was part of his record.
Testimony in the case is scheduled to continue on Monday.

Oct 2, 2015

Benjamin Carter's wife leaves the courtroom when Carter is denied probation; Carter sentenced to 6 years in state prison

This afternoon in Courtroom 6, Judge Christopher Wilson sentenced Benjamin Carter to the upper term imposed for Count 2 which is three years and that time is doubled because of his prior strike.

Carter had 599 days in custody and with good conduct credit he got credit for 611 days. He was denied probation since unusual circumstances did not exist and he is also ineligible to serve the sentence at the local jail facility.

His wife walked out of the courtroom when Judge Wilson said Carter was denied probation and she did not hear the sentence.

"The circumstances of aggravation outweigh the circumstances of mitigation," said Judge Wilson.

Judge Wilson reminded Carter again that as a felon he is prohibited for lifetime from possessing a firearm.

The probation report included a letter from the Zachary Chapman's mother.

No other media was in court.

Jul 28, 2015

Benjamin Carter found guilty, sentencing on September 4, another win for DDA Roger Rees

Yesterday Benjamin Carter was found guilty of being a felon in possession of a firearm. Sentencing is on September 4 at 1:30 in Courtroom 6.

There is a special allegation to the count charged P 667 b (i). This will add three years to Carter's sentence. That code applies when someone has been convicted previously of one or more serious/violent felonies.

Only two jurors stayed behind to talk to the attorneys.

DA's press release :

On July 27, 2015, in the case of the People of the State of California v. Benjamin Carter, the jury found the defendant guilty of being a felon in possession of a firearm. The defendant admitted a special allegation that he had previously been convicted of a strike under California's Three Strikes law. 

The charge arose from incidents that occurred on April 16, 2014.  On that day, the defendant obtained a shotgun from Zackery Chapman. Later, Mr. Chapman attempted to get the shotgun back from the defendant; Mr. Chapman was armed with a pistol when he arrived at the defendant Carter's location in Southern Humboldt. Mr. Chapman pointed the pistol at several people, including the defendant, who was holding the shotgun.  The defendant fired one shot at Mr. Chapman, killing him. Although the defendant was initially charged with murder, it was ultimately determined that the shooting was justified.

In addition to three civilian witnesses, Investigator Cheryl Franco of the Humboldt County Sheriff's Department testified at the trial.

Deputy District Attorney Roger C. Rees prosecuted the case with assistance from District Attorney Investigator Marvin Kirkpatrick and Victim/Witness Advocate Marybeth Bian. The defendant was represented at trial by Michael Acosta, a local defense attorney. The Honorable Christopher Wilson, Judge, presided over the six-day trial in Humboldt Superior Court.

The scheduled sentencing date is September 4, 2015. The maximum sentence for this crime and special allegation is six years in state prison. Because the defendant has a prior strike, he must serve 80% of his sentence before being paroled.

Gene Hunter found not guilty on all counts in an assault case

A jury trial verdict just came in for Gene Hunter who was charged with Count 1 Inflict Corporal injury on spouse/cohabitant;not guilty.  Special allegation of great bodily injury not guilty; another charge of prior spousal battery within 7 years he admitted and Count 2 Abuse and endangering a child with possible great bodily injury not guilty.

Hung on a lesser charge of assault.

 Conflict Counsel's Mr. Marek Reavis represented Hunter. Deputy District Attorney Roger Rees prosecuted the case.

While some jurors felt that there was substance behind the charges, they wanted more evidence and could not find Hunter guilty beyond a reasonable doubt. I spoke with Mr. Rees after the verdict. in his 12 years as an attorney, this is the only acquittal Mr. Rees has in a case, he said.

$500,000 bail set for attempted murder suspect Courtney Tyler Fleming

On Thursday, October 1, 2015 at approximately 11:25 a.m. the Humboldt County Sheriff’s Office received a 9-1-1 call from a male victim, age 45, stating he was just shot at. The victim stated he was hiding in the 7700 block of Fickle Hill Rd, Arcata.
When deputies arrived they found a male, arrestee Courtney Tyler Fleming, age 36, of Eureka, who was waiting outside a vehicle which was parked in front of a gate leading to private property. Deputies noticed there was severe damage to the front end of the vehicle, and the gate looked as though it had been rammed. Deputies questioned Fleming and noticed spent bullet casings near the vehicle. Deputies detained Fleming for further questioning while other deputies searched for the victim.
Deputies located the victim. The victim told deputies he owes Fleming money. The victim voluntarily got in the car with Fleming and they drove down Fickle Hill Rd. at a high rate of speed and crashed into the gate where deputies eventually located Fleming and the vehicle. The victim told deputies while in the car Fleming and he got into a heated argument. During the argument Fleming threatened the victim with a firearm. The victim, fearing for his safety, fled the vehicle and as he ran away he could hear several shots being fired in his direction. The victim was able to safely get away. The victim received minor injuries while fleeing but was not shot.
Courtney Tyler Fleming was arrested and transported to the Humboldt County Correctional Facility where he was booked for PC664/187(a) – attempted murder with a firearm. His bail was set at $500,000.

William Seekins identified as deceased in Humboldt Hill collision

On September 27, 2015 at about 0205 hours California Highway Patrol Officers responded to a traffic collision on US-101 southbound, north of Humboldt Hill. A 1999 Cadillac Escalade driven by Teresa Louise Graham, age 28, collided with a pedestrian wearing dark clothing and walking across traffic lanes. The pedestrian suffered major injuries and was later pronounced deceased at St. Joseph's Hospital. At the time of the accident the deceased person's identity was unknown.

Using finger print analysis the Coroner's office has positively identified the deceased person as William Emery Seekins, Age 29, from Eureka. The California Highway Patrol is the lead agency in this investigation and all further information will be released through their agency.

Oct 1, 2015

Umpqua gunman targeted Christians according to CNN

Go to CNN.com for details of this breaking news.


This excerpt from CNN site. It was also mentioned by other media. See links below.

Umpqua gunman targeted Christians specifically, according to the father of a wounded student. After shooting a professor, the gunman asked students one-by-one to stand up, and asked each of them, "Are you a Christian?"

Another link:



Warren juror excused because she said she reads "Chiv's" blog every day

New excuse for jury duty. There are regular followers of my blog but even if you are not one of them, just say it and no more jury duty!
Just got this text.

"My best friend got dismissed as a juror for warren trial because she said she reads "Chiv's blog everyday."

Yeah, I am braggin a bit. I did not solicit this text.

I built my readership in less than a year, now almost two years, from nothing with a vision of what readers wanted. There was no built in market for this type of news. I did the same when I did local business profiles for the TS.

I maybe a blogger now but I have always developed original news. Even when I was a traditional journalist.

Two other jurors excused from a smaller case for the same reason a while back.

So that only makes a grand total of 3 compared to Channel 3 and TS whose name came up in the Bodhi Tree trial and Warren trial and others. That is where most jurors say they read or saw something about the case.

My blog coming up is an anomaly.

I forgot about the possible fourth.

Here's a post I did yesterday.

Sep 30, 2015

Guilty until proven innocent? Potential juror mentions my post as TS article

This afternoon Ryan Burns, Paul Mann and I were sitting in while Judge Timothy Cissna and attorneys in the Jason Warren case were questioning individual jurors.

Having sat in jury selection for a few trials, when asked about media it is usually TS or Channel 3 that gets mentioned. A couple of instances with LOCO and my blog.

Today, a potential juror mentioned the exact headline of a post I did linked on LOCO but said she read it in the TS or LOCO, could not recall.

Ryan did mention that in his article but it was the exact headline in my post linked on LOCO.

In fairness to that juror, most people will read the same article or an article and remember some content but not the byline.


I joked with Ryan and Paul that I would be glad to have TS take the blame!

Clearly social media does not affect jury pools!

The theme of this afternoon was guilty until proven innocent mentality of a couple of potential jurors in a row.

More testimony in Arrega case points to motive by Shavonne Hammers

Once again, my colleague Paul Mann helped me out with a synopsis of today's proceedings from the Jason Arreaga jury trial.

Angelique Eller testified and agreed with Ms. Holmquist's characterization of Shavonne Hammers as "volatile."

While the group was smoking meth in Eller's trailer shortly after Arreaga, Shavonne Hammers and Carly Michaels arrived at about three in the morning, Eller said that Shavonne Hammers talked repeatedly about confronting Angel Tully and Harley Hammers but she was ambivalent about it, one minute angry, the next conciliatory.

Secondary witnesses today were James Hopkins, Harley Hammers' uncle, who found Harley Hammers dying in his pickup truck and two neighbors, Betty and Wayne Graham, who, except for Jerry Bachus, were the first to arrive on scene and found Tully's body. It was Wayne Graham who covered Tully with the black jacket he found in the Honda Civic. Betty Graham was a 20 year medical assistant, she took Tully's pulse and concluded she was dead. Betty Graham appealed to Bachus to cease CPR but he was in shock and carried on.

Syringes, meth and black tar heroin found on suspect with expired vehicle registration

On 09-29-2015 at approximately 7:38 PM, a Deputy from the Mendocino County Sheriff's Office conducted a traffic stop on a vehicle with expired registration in the 600 block of South Main Street in Fort Bragg, California.

A routine wants/warrants check showed the driver, Gerald Goethe Blackburn, to be on Mendocino County felony probation with terms included a search clause.

The passenger, Molly Rose Katzeff, was determined to have a misdemeanor arrest warrant out of Sonoma County.

A search of Blackburn's person revealed two knives in his pants pockets and a search of the vehicle located hypodermic syringes, a methamphetamine smoking pipe and user quantities of methamphetamine and black-tar heroin.

While the vehicle search was underway, Blackburn attempted to walk away from the Deputy.

In addition to being arrested for drug, drug paraphernalia and probation violations, Blackburn was charged with resisting, obstructing or delaying an officer in the performance of his duties.

Blackburn was booked into the Mendocino County Jail where he was to be held on a No Bail status.

Molly Katzeff was cited and released at the scene in regards to the Sonoma County arrest warrant.

Suspect making criminal threats and on a crime spree in last 60 days arrested

On 09-25-2015 at approximately 11:09 PM, Deputies from the Mendocino County Sheriff's Office acted upon information that Manuel Rodriguez was in a residence in the 22000 block of Airport Road in Covelo, California.

Rodriguez was wanted on a Mendocino County felony arrest warrant for making criminal threats and was also a suspect or person of interest in several other serious crimes committed in the last sixty days.

Those crimes include residential and commercial burglaries, a vehicle pursuit, vehicle thefts, a strong arm robbery and being a felon in possession of a firearm.  Rodriguez was also the suspect in two separate incidents of attempted murder involving a firearm.

Deputies arrived at the residence on 09-26-2015 at 12:20 AM and formed a perimeter around the residence.  The residence was completely dark but movement could be heard from within.

Due to the threat presented by Rodriguez, the on-scene supervisor made the decision to call for the Mendocino County Sheriff's Office SWAT Team.  For almost five hours announcements were made over a loudspeaker for the person(s) inside the residence to surrender themselves to no avail.

From a position inside their SWAT vehicle, Deputies were able to strip the window coverings from two front windows and see into the home.

Rodriguez including three other persons could be seen inside the residence and they subsequently surrendered themselves without further resistance.

Rodriguez was arrested for the felony warrant while Lucy Bell Lincoln, Deborah Jean Lincoln and Tasha Nichole Wake were arrested for harboring, concealing or aiding a principal wanted in a felony.

In addition, Lucy Bell Lincoln had two active arrest warrants for a probation violation and failure to appear in court.

All four individuals were booked into the Mendocino County Jail where Deborah Jean Lincoln and Tasha Nichole Wake were to be held in lieu of $15,000.00 bail.

Manuel Rodriguez and Lucy Lincoln were to be held on a No Bail status.

Criminalist testifies about "shiv or makeshift knife" found and forensic pathologist testifies about the brutal wounds on victims in Arreaga case

On Tuesday, September 29, Dale Cloutier, senior criminalist, at the DOJ who was present at the crime scene and analyzed the firearm testified all morning today in the Jason Arreaga trial. He testified that the bullets found in the victims matched the gun found in a lockbox in Arreaga's car. There was also testimony about two folding knives in that lockbox.

On Wednesday, September 30. Cloutier's testimony was deferred to later in the morning after forensic pathologist Dr. Mark Super testified. I was in court for Dr. Super's testimony but I was not for Mr. Cloutier's testimony since I was covering the Jason Warren jury selection. Highlights of Mr. Cloutier's testimony were provided to me by Paul Mann of the Mad River Union.

During cross examination by Ms. Heidi Holmquist, who represents Arreaga, Mr. Cloutier said he did not do an extensive search in the Honda Civic, the car next to which Angel Tully's body was found.

While he looked at one side of the trailer, Mr. Cloutier told Ms. Holmquist that he did not look around the entire trailer and he did not go inside. Mr. Cloutier also did not look in the structure that Deputy District Attorney Zachary Curtis described as a "shop shed." Ms. Holmquist questioned him about an axe that was out in the yard area.

Mr. Cloutier swabbed for blood from the passenger seat of the Honda civic.

In the pocket of the black jacket that was on top of Tully's body, Mr. Cloutier found a bright pink object that he identified as a metal comb to "look like a shiv or a makeshift knife."

Ms. Holmquist asked him, "a homemade weapon modified to look like a knife?" He responded in the affirmative.

Dr. Super said he did both autopsies for Harley Hammers and Angel Tully on the same day. He did the Hammers autopsy at 8:30 a.m. and Tully autopsy at 1 p.m. in the afternoon. Mr. Cloutier was present for both autopsies.

DDA Curtis showed a photo to Dr. Super and asked him about Tully's autopsy first. Dr. Super said the photo was of Tully's front torso with a gun shot on the midd upper abdomen. He said she had an unique tattoo near her belly button.

In response to a question by Mr. Curtis, Dr. Super said, "In Humboldt, x-rays are taken at medical facilities." He reviewed those x-rays and saw bullet fragments and jackets in Tully's torso.

Both gunshot wounds on Tully were entrance wounds. Dr. Super said he did not know which gunshot wound occurred first but for the purpose of his report, he labeled the Wounds as one and two.

The first wound on Tully was "right below her breast bone, it perforated her liver, tore a hole into her aorta and struck her left adrenal gland, went into soft tissue " and a bullet was "recovered from low back area."

Mr. Curtis asked if "this was survivable."

Dr. Super responded "If one was shot near the ER door. I can't say no one has survived such a wound. It is a significant, serious injury."

Dr. Super then described that this abdomen wound "went from front to back, from right to left." He said in an autopsy, he cannot tell what position the victim was when shot. Using a pointer ( which was a pool cue) he demonstrated the angles on Mr. Curtis.

The second wound on Tully was in her right shoulder area. It "shredded her shoulder blade back to front, entered right chest, broke her rib, perforated right lung and hit the heart. The bullet separated from the lead core and copper jacket and the core burrowed into her heart into the left chamber."

Dr. Super said there bruises on Tully, some new and some healing. "A cluster of small bruises on right lower leg, small scratch on right lower leg." He described other bruises on her body, referring to specific areas on her thighs and legs.

Mr. Curtis then showed Dr. Super a photo of Harley Hammers. Dr. Super said that photo was of his "anterior torso, front of upper arm and you could see one of the gunshot wounds." Dr. Super said there were three gunshots on Hammers' body.

Referring to that first wound, Dr. Super said, "the bullet that caused this struck the left upper abdomen just below the rib cage coursing through right, struck liver and went through soft tissue."

The second wound was on Hammers' back, "his left middle back., struck his left lung, and the bullet was found in the soft tissue of his left chest."

The third wound was "a through and through wound in the right thigh and went through soft tissue, exited inside surface of right thigh."

Mr. Curtis asked if Hammers' wound s were "survivable."

Dr. Super responded, "Liver and left lung, two vital organs were struck. Survivable but also fatal."

Mr. Curtis asked if someone with such wounds could possibly walk some distance and drive.

Dr. Super said "nothing about these wounds would immediately incapacitate."

Dr. Super said that Tully's aorta was struck so she had less time than Hammers but would not have been immediately incapacitated.

Regarding Hammers, Dr. Super testified that there were "minor abrasions and stipple marks on his lower legs and ankle areas" that may have been caused by debris.

For Tully, he noticed what may have been gunpowder stippling near one wound.

Sheriff releases brief press release on Alderpoint shooting with more details already reported on Redheaded Blackbelt and LOCO

On Wednesday, September 30, 2015 at approximately 11:10 p.m. the Humboldt County Sheriff’s Office received a call from a shooting victim stating he and another female victim had been shot on Wade Rd. in the Alderpoint area. Deputies arrived on scene along with medical personnel and the victims were airlifted to out of the area hospitals for major injuries. Deputies searched the crime scene and did not locate any other victims.

The suspect is still at large. Detectives are on scene to further investigate this incident.

DA determines no charges will be filed related to the Willow Creek shooting of Estrada since officer acted in self defense

District Attorney Maggie Fleming has determined that no charges should be filed related to the December 18, 2014 shooting of Richard Estrada near Willow Creek.  All available witness accounts as well as video from a California Highway Patrol car show that the CHP officer who shot Mr. Estrada acted in self-defense.  District Attorney Fleming has contacted the family and advised them of her decision.

The following summarizes available information on the case:

At approximately 1:33 a.m., witnesses along Highway 299 near Blue Jay Lane east of Willow Creek heard a loud crash and shortly thereafter lost power.  Through the window of her home, one witness saw a broken power pole and a blue car.  The car then backed up and parked.  From inside, the witness was unsure if the car had hit the pole.  She called 911 at 1:34 a.m.  That witness and other witnesses from the same household went outside to see if anyone was injured in the crash.  The only person in the area was a male (later identified as Richard Estrada) walking near the blue car.  They called out to him to see if he was injured and he stated he was OK.   He then walked away as another car approached on Highway 299.  When that car was within 50 - 100 feet of Mr. Estrada, the witnesses saw him throw something on the ground and heard the sound of glass breaking.  Mr. Estrada moved out of the roadway as the car passed.  One witness noticed a blue fender by the power pole and believed the blue car driven by Mr. Estrada had collided with the power pole.  A second 911 call was made at 1:38 a.m.
At 1:41 a.m. California Highway Patrol Officer Timothy Gray was dispatched to the scene. This paragraph is based on Office Gray’s description of the incident and law enforcement radio communications.  Officer Gray was given the information that a power pole was down with a possible vehicle involved nearby.  He arrived at approximately 2:04 a.m., and drove past the blue car to see if there were any other vehicles or damage.  He made a U-turn, came back and parked near the blue car.  Officer Gray requested that dispatch notify PG&E of the need for service and exited his vehicle.  Mr. Estrada, who had been seated in the blue car when Officer Gray arrived, got out and Officer Gray contacted him near the driver’s door of the blue car and asked him what had happened. Mr. Estrada replied that he had been in an accident and Officer Gray turned to look at the power pole.  When the officer turned back he saw Mr. Estrada turn and then come at him swinging an object.  The officer put up his left arm to block the attack, felt severe pain in that arm and was knocked backwards by the impact.  Mr. Estrada continued to strike at the officer, hitting him repeatedly.  With his back on the ground, Officer Gray kept his left arm and leg up in self-defense.  Officer Gray pulled his duty weapon, and fired 11 shots. Mr. Estrada fell to the ground and Officer Gray got up and attempted to use his portable radio to request assistance but saw the radio’s cord was cut.  He ran to his patrol car and radioed for assistance at 2:06 a.m.  He locked the doors to his vehicle because of his severe injuries and reported that he was losing his ability to see.  He advised the dispatcher that he lost sight of Mr. Estrada but knew he was still moving around and medical personnel should not exit their vehicle due to the danger.  The officer next saw Mr. Estrada, who was now naked, moving near the blue car.
At 2:14 am, off-duty CHP Officer Eric Nelson received a call at his residence requesting his immediate response to assist Officer Gray.  He was told the officer was injured and was locked inside his patrol car.  Within minutes he was at the scene and as he approached he saw Mr. Estrada, naked and on the ground, with blood on his face.  After he got out of his car he ordered Mr. Estrada to remain in place or he would shoot him.  In response, Mr. Estrada said, “Shoot me devil.”  Officer Nelson ordered Mr. Estrada to cross his ankles and put his hands on the ground so he could restrain him in handcuffs.  Mr. Estrada continued to move, sat up and repeatedly yelled, “F--- you devil!” Officer Nelson deployed his department issued taser because Mr. Estrada’s constant movement would not allow Officer Nelson to take him into custody and provide medical aid.  The taser did not affect Mr. Estrada’s behavior, leading Officer Nelson to suspect that Mr. Estrada was under the influence of drugs.
People who lived near the scene came out to assist Officer Nelson and Mr. Estrada was handcuffed.  Medical personnel were then able to begin the process of treating him, but Mr. Estrada began slamming his face into the asphalt.  As he was lifted onto the gurney he showed signs of respiratory distress and suddenly stopped breathing.  Medical personnel administered CPR from 2:33 to 3:01 am, but Mr. Estrada did not survive.  Time of death was listed as 3:01 a.m.
The weapon Mr. Estrada used to attack Officer Gray was a machete with a 16” blade.  Officer Gray’s left forearm was broken, his face bore numerous slashes, as did his left forearm, and one finger was severed from his left hand.  Officer Gray was transported by ambulance to Mad River Community Hospital; he was then flown to UC Davis Medical Center where he immediately went into surgery.
Accounts of the incident from witnesses coincided with those of the officers.  The witness who first called 911 stated she saw Officer Gray arrive and make the U-turn to go back to where the blue car was parked.  She described Officer Gray getting out of the patrol car and approaching the male in a casual way.  Officer Gray was standing near Mr. Estrada when he suddenly charged the officer and swung a “bat thing” at him, causing him to fall to the ground.  Mr. Estrada then got on top of Officer Gray and was beating him.  She heard screaming, followed by the sound of gun shots.  She went to another room in her home for safety and then later heard another vehicle arrive.  She went back to the location where she could see the highway and heard the officer who had arrived (Officer Nelson) ordering the man to “stay down”. She could see Mr. Estrada continuing to move and yelling, “Just f---’n shoot me!”  Mr. Estrada moved toward Officer Nelson, who responded by deploying his taser.  Other neighbors went outside and assisted Officer Nelson in handcuffing Mr. Estrada.  When medical personnel attempted to provide medical attention to Mr. Estrada, he began banging his head on the asphalt.  The witness said she believed that Mr. Estrada was trying to kill Officer Gray, and that Officer Gray would have been killed had he not fired his pistol.
Additional witnesses described the initial interaction between Officer Gray and Mr. Estrada as casual. Within 1-2 seconds after the initial contact, however, Mr. Estrada was suddenly swinging something at the officer who backed away.  One additional witness saw Officer Gray fall to the ground where Mr. Estrada continued to attack him. Once Officer Gray was on the ground with Mr. Estrada on top of him, witnesses heard screaming and then the sound of gun shots.
The camera in Officer Gray’s patrol car recorded much of the incident.  Available video begins from the point Officer Gray began to drive his vehicle to the scene of the accident.  He parked facing the blue car and the camera shows Mr. Estrada sit up and then exit the car.  Officer Gray contacted Mr. Estrada and both are visible on camera.  Although no audio is available, the video shows the two exchanging words and then Officer Gray looks off to his right towards the power pole that was hit.  As Officer Gray turns his face back towards Mr. Estrada, the video clearly shows Mr. Estrada bringing his right arm up and making a swinging motion down towards Officer Gray, who backs away rapidly.  As Mr. Estrada brings his arm back up for a second swing the lights from the police car reveal that he is holding a large machete in his right hand.  As he swings the second time he is chasing the officer and both have moved out of the camera’s field of view.  A few minutes later the officer can be heard inside the patrol car making radio calls for assistance.  The video then shows Mr. Estrada getting back into the blue car.
Mr. Estrada can be seen drinking inside the blue car, then he leans back and is no longer visible.  Several minutes later he exits the car naked and goes toward the rear of his vehicle.  Mr. Estrada then lays down on the edge of the roadway and shortly thereafter a second patrol car arrives.  The video shows Officer Nelson approaching Mr. Estrada, who rolls and moves his hand.   Officer Nelson backs up and away from Mr. Estrada, who repeatedly rolls and moves his arms and legs.  The video shows Officer Nelson’s deployment of the taser and Mr. Estrada continually moving his arms.   At that point two men (civilians) arrive to assist Officer Nelson, who then restrains Mr. Estrada in handcuffs.   Medical personnel then arrive to provide medical aid.
Investigators contacted the Estrada family and learned that Mr. Estrada had suffered from mental illness and had used drugs prior to his death.  His family had attempted to get him help on the evening of December 17, 2014, but Mr. Estrada left the family residence in the blue car.  His sister and mother called 911 at approximately 8:51 p.m. to report that Estrada had used mushrooms in the past few days, was bi-polar, and had left the residence in the blue Sentra.  CHP Dispatch transferred the call to Hoopa Valley Tribal Police Department dispatcher who also spoke with Mr. Estrada’s mother.  CHP contacted Officer Nelson at the Willow Creek Resident Post to relay this information at approximately 9:04 p.m.  Mr. Estrada was not located or contacted by law enforcement until he collided with the power pole on Highway 299. Because Officer Gray was not on duty at the time the 911 call was broadcast, he was not aware of the call nor was the information from that call relayed to him when he was sent to the scene of the accident.
The pathologist who reviewed the toxicology screen of Mr. Estrada’s blood reported that it showed elevated levels of cannabinoids (marijuana) and sub-therapeutic levels of lithium.  The pathologist determined cause of death was multiple gunshot wounds.
The California Penal Code provides that a person has the right use deadly force when in imminent danger of being killed or suffering great bodily injury.
In this case Officer Gray fired his weapon after having already suffered multiple injuries from the deadly and unprovoked machete attack by Mr. Estrada.  The officer’s statement, those of eyewitnesses and the video from the patrol car all indicate that the attack by Mr. Estrada occurred within seconds of Officer Gray contacting him in response to the traffic collision.  Multiple strikes by the machete inflicted great bodily injury on Officer Gray and Mr. Estrada was on top of him and continuing his assault when Officer Gray fired his weapon.  No charges will be filed as the officer acted in self-defense.

Tenth annual North Coast Veterans Stand Down this weekend features dental services, job recruiting, eyeglasses and horse therapy

The 10th Annual North Coast Veterans Stand Down will be occurring this weekend, Friday-Sunday Oct 2-4 at the Humboldt County Fairgrounds. All veterans of service and stripe, and their families are encouraged to attend.

A stand down is a military term that refers to a respite from battle. This annual event is a service fair for veterans that offers an amazing amount of services that they may need.
Some of the services are: Dental services to include denture repair, haircuts, clothing, limited surplus gear issue, pet services, employment development, job recruiting, and of course spectacular food will all be available.

This year we are offering to have eyeglasses made for 12 needy veterans, through a partnership with Site for Sore Eyes.

Transportation shuttles will again be available.

There will also be child and family services for those veterans who want to bring their children to the event. The Boys and Girls Club will be running that program for the event.

This year Saturday late Morning-early Saturday afternoon, through an agreement with H.O.S.S, which stands for Honesty, Observation, Skills, Solutions, and goes by the motto “Horses Teaching Humans” will be providing horse therapy as a means of dealing with PTSD for veterans. Temporary housing will be provided to Veterans who wish to stay at the venue the entire weekend.

More information can be found on the organization’s website: www.ncsd.vet

California offers program for those who cannot afford to pay traffic tickets


Click on link for the entire article and details.


California is instituting an amnesty program for residents who can't afford to pay off spiraling traffic fines and court fees that have led to millions of driver's licenses being suspended.

Sep 30, 2015

"Other than the car, there was one time on the softball field that they had kissed and he had grabbed her in the breasts and butt area."

HCSO Deputy Mark Peterson was the People's second witness yesterday at the preliminary hearing for William Jarnaghan, the former Hoopa Valley High School softball coach, accused of 6 alleged sexual acts with an underage victim who he coached.

He was called on May 27, 2015 to the High School in Hoopa for a sexual assault case. He spoke to the superintendent, Jon Ray who had seen a video. Mr. Ray did not show the deputy the video. The video was of the softball fields on May 25, 2015. Mr. Ray told Deputy Peterson what was on the video. He said that a coach who he identified as Jarnaghan had a female team member sitting on his lap and they were kissing.

After viewing the video, Mr. Ray arranged a meeting with Jarnaghan, said Deputy Peterson. Mr. Ray asked Jarnaghan about the practice and if Jane Doe was there that day. "Initially, Mr. Jarnaghan said no. Then the Superintendent said he had video. Then Mr. Jarnaghan looked down on the ground and said, I'm sorry for putting you guys, the school in this situation; for putting my family in this situation; this is going to look really bad."

People's third witness was HCSO Detective Jennifer Turner. On May 27, 2015, there was a request for a CAST interview. She was told the suspect was Jarnaghan. Detective Turner watched the CAST interview while someone else questioned Jane Doe.

Detective Turner said that Jane Doe described Jarnaghan as her softball coach, friends' dad and that she became friends with him. "She said that she was going over to his house. He would drive her home. Eventually, one night, he pulled over and kissed her. She said she was scared at first."

Jane Doe said they talked about the kiss in text messages. "Initially, she was scared but after talking to him, he told everything would be okay, so she was okay. "

Detective Turner testified that listening to the CAST interview, December 2014 is when the kissing started and that over time it progressed to touching. "Initially he touched her outside clothing, then stomach and vagina area, then he put his hands under clothing and touched her in the vagina area. Same thing as outside clothing but under clothing, his fingers would penetrate her vagina."

Touching was estimated about once a week for about two months. "Other than the car, there was one time on the softball field that they had kissed and he had grabbed her in the breasts and butt area."

"They would tell each other they loved each other when they kissed and talked about a future together" testified Detective Turner.

"Did the defendant make any statements to her about what he wished regarding future plans?" asked Deputy District Attorney Brie Bennett.

"Yes. He stated that he sometimes wanted to run away with her and leave his family behind," said Detective Turner.

Jane Doe used a specific app to send Jarnaghan photos of "her in a bra."

After the CAST interview, a warrant was obtained and items were taken from Jarnaghan that were of evidentiary value. Jane Doe's Hoopa ID was in Jarnaghan's wallet.

Mr. Neal Sanders, who represents Jarnaghan, then cross-examined Detective Turner.

Mr. Sanders: "(When Jarnaghan was touching her) Jane Doe said she wanted it to keep going and did not want it to stop."

Detective Turner: "Correct."

Mr. Sanders: "It is very clear that they did not have intercourse. She was very clear she wanted it to happen. Mr. Jarnaghan said no she should wait until she is 18."

Detective Turner: "Correct."

Jane Doe consented to let law enforcement  look at her cell phone after the CAST interview. DA Investigator Martin Perrone did a forensic download of her phone which Detective Turner had obtained from Lt. Miller who got it from Jane Doe the next day. The Suprintendent had the cell phone since May 26 or May 27, said Detective Turner.

Gary Lee Bullock trial reset for February 8 due to psychiatrist reports not being in on time

Trial confirmation and and a motion to continue the Gary Lee Bullock jury trial was scheduled for this afternoon at 4 p.m. The jury trial date for October 13, 2015 was vacated.

The People did not file an opposition but in court Deputy District Attorney Stacey Eads said, "We are very much wanting this matter to proceed as soon as possible. Since we have only received one of three reports, there is good cause for continuance ."

Mr. Kaleb Cockrum represents Bullock. Only one of three court appointed psychiatrists has met with Bullock and submitted a report.

That is Dr. Ana Glezer. Dr. John Chamberlain has to yet meet with Bullock. The third expert John Greene excused himself from the case.

"As counsel well know, three court experts were appointed to evaluate Mr. Bullock," said Judge Feeney. "Only DR. Glaser has provided us with a written report. Dr. Chamberlain responded to correspondence from the Court. He anticipates the evaluation report by October 7 or 8, 2015. Dr. Greene has advised in written form and excused himself from the case. We are not in a position to proceed with the trial."

Mr. Cockrum said that Dr. Chamberlain had yet not met with Bullock. Judge Feeney said that he would "prefer to hear from Mr. Chamberlain before appointing another expert."

Ms. Eads told Judge Feeney that Fr. Eric's twin sister who was in court wished to address the court. She is "quite opposed" to the continuance.

 Mr. Cockrum objected to Ms. Karin Freed speaking at this hearing but Judge Feeney allowed her to speak.

Mr. Cockrum said that "we don't object to her speaking at sentencing in the future or at trial but we object to her speaking today."

Judge Feeney said, "I think the victim's family members have a right to be heard at various stages of proceedings." He then said to Ms. Freed, "At this time we are only addressing scheduling."

"The concerns are that the family is still in limbo.," said Ms. Freed. We would like it to move. My father is 90 years old. He would like some peace and resolution instead of these continuances draggin on. We are in limbo. We can't move further."

Due to Mr. Cockrum's schedule with two other jury trials that "are not time waived and would preempt this case" as well as court expert reports not being completed, the new trial date is February 8, 2016. Trial confirmation is January 13 at 4 p.m. in Courtroom 1.

An pre-trial, interim date for status of reports is set for October 14 at 2 p.m.

Bullock's personal appearance has been waived from court upon request by defense until the second court psychiatrist evaluation is in because they have no idea until the last minute when the experts will come see him, said Mr. Cockrum.

It was on February 10, 2015 that Bullock entered a not guilty by insanity plea, in addition to his not guilty plea.


There is extensive coverage on this blog on the Bullock case.

Sep 28, 2015

Another continuance filed by defense for Gary Lee Bullock jury trial

Just checked the computers. Trial confirmation this Wednesday at 2 p.m. will now include a motion by Conflict Counsel requesting a continuance.

This is the fourth continuance by the defense.

Sept 22, 2015:

A pre trial conference with a special set of 3 p.m. in Courtroom 1 was scheduled this afternoon. It was continued to tomorrow because DDA Eads was not available. DDA Issac works part time and is currently not in the office.

The last court hearing was in a closed courtroom, the one before then was open but only because it was a Visiting Judge and all that happened was the date of September 10 was continued.

The jury trial has been assigned to Judge John Feeney. The case is being prosecuted by DDAs Andrew Isaac and Stacey Eads. Conflict Counsel's Mr. Kaleb Cockrum has been appointed to represent Bullock.

Fr. Eric's sister was in court and found out just as I did around 2:35 when Judge Feeney announced it in court. She walked off upset, which I can understand, this has happened three times now.

Due to the gag order, I can understand why public and press don't know, even though these last minute changes continue in cases with gag orders but to not notify family members of victims when this is happened the third time needs to be addressed.

As I was leaving, Times-Standard reporter Tabitha Soden was walking in and I told her of the rescheduling. No other media was in court.

Sep 10, 2015

Next hearing for Gary Lee Bullock set for September 22

A special set at 3 p.m. in Courtroom 1 was scheduled this afternoon by Judge John Feeney for the Gary Lee Bullock case. The attorneys met with Judge Feeney behind closed doors.

Next date is September 22 at 3 p.m.

Last post:

Sep 2, 2015

Gary Lee Bullock continued until September 10
A pre-trial hearing was scheduled this afternoon for the Gary Lee Bullock case. The trial Judge is John Feeney. Visiting Judge Marjorie Carter is subbing in for Judge John Feeney this week.

Judge Feeney sent emails to both attorneys requesting matter be continued until next week on September 10.

Conflict Counsel's Kaleb Cockrum is representing Bullock. Deputy District Attorney Mr. Andrew Isaac and Ms. Stacey Eads are prosecuting the case for the People. Ms. Eads was present for the People on September 2.

At the last hearing, on May 7, a 3 p.m special set time for status of reports and trial setting was scheduled in Bullock case.Judge Feeney met with DDA Isaac, DDA Stacey Eads and Mr. Cockrum privately in chambers.
Then the courtroom was opened and Judge Feeney said, "I believe we are in a position to set a trial date."
He said that in Chambers, "Counsel had discussed October 12 but since that is a court holiday, that the jury trial would be set for October 13 at 8:30 a.m." Pre-trial is September 2 at 2 p.m. and Trial Confirmation is September 30 at 2 p.m.

Guilty until proven innocent? Potential juror mentions my post as TS article

This afternoon Ryan Burns, Paul Mann and I were sitting in while Judge Timothy Cissna and attorneys in the Jason Warren case were questioning individual jurors.

Having sat in jury selection for a few trials, when asked about media it is usually TS or Channel 3 that gets mentioned. A couple of instances with LOCO and my blog.

Today, a potential juror mentioned the exact headline of a post I did linked on LOCO but said she read it in the TS or LOCO, could not recall.

Ryan did mention that in his article but it was the exact headline in my post linked on LOCO.

In fairness to that juror, most people will read the same article or an article and remember some content but not the byline.


I joked with Ryan and Paul that I would be glad to have TS take the blame!

Clearly social media does not affect jury pools!

The theme of this afternoon was guilty until proven innocent mentality of a couple of potential jurors in a row.

Sep 29, 2015

On cross examination, Jarnaghan's attorney asks "Did you enjoy being kissed by Joey?" and Jane Doe answered "Yes."

On cross examination, Mr. Neal Sanders, William Jarnaghan's attorney asked Jane Doe if she and Jarnaghan's daughters ever spent time at her house. She said no. She said they spent time at Jarnaghan's house "because Joey was there."

Mr. Sanders: "So you liked being around Joey?"

Jane Doe: "Yes."

Mr. Sanders: "The first time you kissed, you said you were nervous and scared, were you holding his hand?"

Jane Doe: "Yes."

Mr. Sanders: "How did that come about? Were you attempting to push him away?"

Jane Doe: "no."

Jane Doe said they were on Route 96 when Jarnaghan pulled over the side of the road and kissed her. After that first kiss, Jarnaghan texted her. Jane Doe said that it was after they kissed three times that it became physical.

Mr. Sanders: "Did you enjoy being kissed by Joey?"

Jane Doe: "Yes."

Mr. Sanders" "Did you come to like that contact in the private areas?"

Jane Doe: "Yes."

Mr. Sanders: "Were there times you told Joey that you wanted him to keep driving and not take you home?"

Jane Doe: "Yes."

Mr. Sanders: "When you were discussing sexual intercourse, did Joey ever tell you he didn't want to have sex with you until you were 18?"

Jane Doe: "Yes."

Jane Doe said that she checked with Jarnaghan to see if he wanted pictures of her and she volunteered to send the pictures.

Mr. Sanders: Did you ever say in the CAST interview you sent the photos thinking it might make his day?"

Jane Doe: "Yes."

Mr. Sanders: "Did you ever receive any pictures of Joey? Undressed or anything like that?"

Jane Doe: "No."

In response to a question by Mr. Sanders, Jane Doe said that Jarnaghan did not threaten her or physically hurt her.

Deputy District Attorney Bennett only asked one question on re-direct and she asked Jane Doe what Jarnagahan said when she asked him if he wanted her to send photos.

Jane Doe responded, "That he would like more."

William Jarnaghan's underage victim testifies how scared she was the first time he pulled over the road and kissed her while driving her home

Wearing a medicine bag around her neck, William Jarnaghan's minor victim, Jane Doe, testified in a courtroom in front of her former friend and coach who is charged with six counts of alleged sexual acts committed with her.

The courtroom had several rows filled with her family and friends as well as Jarnaghan's family. There was silence in the courtroom for the two and half hour preliminary hearing, particularly when Jane Doe testified.

As allowed in cases involving minor victims, a Victim Witness representative sat next to her on the stand offering silent support.

Jane Doe did not look at Jarnaghan. For most of her testimony, her eyes were downcast, occasionally looking at Deputy District Attorney, Ms. Brie Bennett. There were many times she would pause for long silences before answering. Her demeanor was the same when Jarnaghan's attorney, Mr. Neal Sanders questioned her.

DDA Bennett asked her if she was nervous about testifying and she responded, "Really nervous."

She just turned 17 this September. At the time the alleged incidents occurred starting last December, it was two months after her 16th birthday. She identified Jarnaghan calling him "Joey." His middle name is Joseph.

DDA Bennett: "How did you first meet the defendant?"

Jane Doe responded that she would go over to his house because she was friends with his daughters, her age.

DDA Bennett: What did you think of the defendant when you first met him?"

Jane Doe: "He was their dad, I don't know."

DDA Bennett: "Did you know him in any other context than your friend's dad?"

Jane Doe: "As my softball coach."

DDA Bennett asked Jane Doe that in conetxt of knowing Jarnaghan as her softball coach, "did you develop a friendship?"

Jane Doe: "Yes, we'd text about how our days were going."

DDA Bennett: "When did that texting start?"

Jane Doe did not answer right away. She stared in a downward gaze, became tearful, then after about two minutes, she said, "We just started texting."

Jane Doe would go over to Jarnaghan's house and spend time with his daughters. DDA Bennett asked if Jarnaghan and Jane Doe ever spent time alone.

Jane Doe: "Yes."

DDA Bennett: "How did you come to spend time alone with him?"

Jane Doe was silent, then after a pause, she said, "We would go outside and hang out on the porch and talk."

DDA Bennett: "What did you talk about?"

Jane Doe: "A bunch of things."

DDA Bennett: "Did you become close?"

Jane Doe: "yes."

DDA Bennett: "Did you become close?"

Jane Doe: "Yes."

DDA Bennett: "Did you trust him?"

Jane Doe: "yes."

DDA Bennett asked Jane Doe if they ever spent any other time alone to which she responded that they did when he would drive her home.

DDA Brie Bennett: "How frequently did he give you a ride home?"

Jane Doe: "Probably once or twice a week."

Sometimes a friend was there for these rifes.

DDA Bennett: "When it was just the two of you, did he give you a ride straight home?"

Jane Doe: "Yes."

DDA Bennett: "Did anything happen during those rides?"

Jane Doe: "Yes."

DDA Bennett: "Did anything physical happen between the two of you?"

Jane Doe: "Yes."

DDA Bennett: "Did he ever kiss you?"

Jane Doe: "Yes. "

Asked when this started, Jane Doe responded December 2014 and looking downwards, closed her eyes.

DDA Bennett: "How did you feel when he first kissed you?"

Jane Doe: "Shocked."

DDA Bennett: "Did you expect it?"

Jane Doe: "No, not really."

DDA Bennett:"Did you have any other feeling when he first kissed you?"

Jane Doe: "I was scared."

DDA Bennett: "Why were you scared?"

Jane Doe: "I didn;t know what to do."

Jane Doe said they talked a bit after the kiss but she did not tell Jarnaghan she was scared.

DDA Bennett: "What did he say?"

Jane Doe's response was mumbled and I could not make out what she ssaid in response.

DDA Bennett: "Do you know how old the defendant is?"

Jane Doe: "37."

DDA Bennett: "Did he know how old you were?"

Jane Doe: "Yes."

Jane Doe said she did not tell anyone about the kiss. They texted "a little about it." She said he kissed her again. When Ms. Bennett asked how many times, Jane Doe said "about 30." The alleged incidents took place over a period of 6 to 7 months.

DDA Bennett: "Did he do anything else physical with you?"

Jane Doe: "Yes."

DDA Bennett: "Where would his hands be when he kissed you?"

Jane Doe: "On my face or his lap."

DDA Bennett: "Did he touch you somewhere else other than your face?"

Jane Doe: "Yes."

DDA Bennett: "Where did he touch you?"


DDA Bennett: "Did he touch your breasts?"

Jane Doe: "Yes."

DDA Bennett: "Over clothes?"

Jane Doe: "yes."

DDA Bennett: "Under clothes?"

Jane Doe: "Yes."

The other contact began approximately around March 1, said Jane Doe.

DDA Bennett: Did he touch you on your stomach?"

Jane Doe: "Yes."

DDA Bennett: "Did he touch you on your stomach under your clothing? What were his hands doing when he touched you?"

Jane Doe silent, covered her face with her hands over her eyes. Then after a pause, she said, "Hos hands were rubbing wherever he was touching."

DDA Bennett: "Did he touch your bottom?"

Jane Doe: "Yes above clothes."

DDA Bennett: "Did he ever touch you in any of your private areas? Did he touch you near your vagina?"

Jane Doe: "Yes. Both under and above clothes."

DDA Bennett: "Did he ever use his fingers to touch your vagina? Did he touch any other parts of your body?"

Jane Doe: "Yes."

DDA Bennett: "What part of your body did he touch?"

Jane Doe was silent, looked down and there was a long pause, 3 to 4 minutes.

DDA Bennett: Did he touch you in any other private areas?"

Jane Doe: "Yes, including the one you previously mentioned."

Ms. Bennett asked Jane Doe what part of her body Jarnaghan touched. Again, silence. Then she softly said, "Vagina."

DDA  Bennett: "When he touched you there what part of his body did he use?"

Jane Doe: "His fingers."

DDA Bennett: "Do you recall what hos fingers were doing when they touched your vagina?"

Jane Doe: "He put it (I could not hear the rest of the response since it was muffled."

Jane Doe said that Jarnaghan put his fingers in her vagina and this happened approximately 8 or 9 times.

DDA Bennett: "How did you feel about this?"

Jane Doe: "Nervous at first."

DDA Brie Bennett: "How did your body feel?"

Jane Doe: "I don't know."

DDA Bennett: Did you talk about this?"

Jane Doe: "Sometimes, afterwards."

DDA Bennett: "Did he tell you how he felt about you?"

Jane Doe: "Yes."

DDA Bennett: What did he tell you?"

Jane Doe: "That he loved me."

DDA Bennett: "Did he make any plans for the future or anything?"

Jane Doe: "Yes."

DDA Bennett: "What type of plans did he make?"

Jane Doe: "After I was old enough, we would be together."

They did talk about her age, and that he said, "I was really young and he could get caught." Then in response to a question by Ms. Bennett, Jane Doe said Jarnaghan was afraid of "going to jail."

DDA Bennett: "Did you send him photos of you?"

Jane Doe: "yes."

DDA Bennett: "What were you wearing in those phtos?"

Jane Doe: "underwear."

DDA Bennett: "Did he make comments about those photos?"

Jane Doe: "Just how much he liked it."

DDA Bennett: "Did anything else physical occur between the two of you?'

Jane Doe: "No."

DDA Bennett: "Did you discuss having sexual intercourse at any time?"

Jane Doe: "Yes."

DDA Bennett: "Did he say he wanted to do that with you?"

Jane Doe: Yes."

DDA Bennett: "Did you make plans to do that?"

Jane Doe: "No."

DDA Bennett: "Did he say he was nervous to do that with you?"

Jane Doe: "He didn't want to get me pregnant."

DDA Bennett: Going back to when he put his fingers in your vagina, did anything else physical happen between the two of you?"

Jane Doe: "No."

DDA Bennett: "Did anything happen to lead up to that?"

Jane Doe: "Kissing."

DDA Bennett: Did you spend time alone at the football field?"

Jane Doe: "Yes."

The one occasion that happened was May 25, 2015. Jane Doe said, "I still had to pitch after practice." She usually did that with her stepdad. On that day, she "did it with Joey."

DDA Bennett: Did anything physical happen between the two of you that day?"

Jane Doe: "Yes."

DDA Bennett: "Did it start when you were pitching?"

Jane Doe: "No."

DDA Bennett: "How did it start?"

Jane Doe: "We would take breaks because it was hot." They took breaks in the dugout.

DDA Brie Bennett: "When you took breaks, what did you two do?"

Jane Doe: "Kiss."

DDA Bennett: "Did he touch you anywhere else that day?"

Jane Doe: "No."

DDA Bennett: "Do you know if there are surveilance cameras on that field?"

Jane Doe: "Yes."

DDA Bennett: "Did someone talk to you about videos from surveilance that day?'

Jane Doe: "Yes."

DDA Bennett: "Did you touch the defendant's body in the car?"

Jane Doe: "Yes."

DDA Brie Bennett: "Were did you touch him"

Jane Doe: "Below the stomach."

DDA Bennett then asked Jane Doe if she did a CAST interview since talking to someone about the video from the surveilance camera.

Jane Doe said yes.

DDA Bennett: "Did you tell that person some of the same information you told me today?

Jane Doe said yes.