Allegations of being thrown on the bed, pants pulled down, rape threat, stolen marijuana and slightly different versions emerge during preliminary hearing about Watson and F homicide

Eureka Police Detective John Gordon testified for almost two hours on May 11 and was the People's only witness in the preliminary hearing on May 11 for Derek Payton.

The preliminary hearing for Payton was held in Courtroom 1 with Judge John Feeney. Payton was held to answer on all charges.

 Payton is charged with four felony counts. Count 1 Murder of Elliot Walin; special allegation that Payton personally and intentionally discharged a firearm, a Taurus revolver. Count 2 Assault with a firearm on Nickolas Edmund Deremer; special allegation, causing great bodily injury. Count 3 is discharge of a firearm with gross negligence. Count 4 Maintaining a place for selling or using a controlled substance; marijuana; special allegation that he was armed with a firearm during the "commission or attempted commission of the above offense."

Deputy District Attorney David Christensen is prosecuting the case. Payton is represented by Public Defender Casey Russo.

On October 24, 2015, Detective Gordon was the on-call criminal investigator for EPD. At approximately 9:45 p.m.about a homicide on the 1500 block of F Street and that the victim had been taken to the hospital.

Detective Gordon spoke to Sgt. Reyna Sanchez and learned that there was a gunshot victim located near the intersection and "possibly a second victim." Detective Gordon and Detective Ron Harpham went to St. Joe's hospital and to ER. One subject was identified as Elliot Walin. "They were trying life saving efforts and I was told that he would mos likely not live."

In the next room to  Walin, was Nickolas Deremer. Detective Gordon said that Deremer had "fragments pierced" on his shoulder and a bullet hole on "back of his shoulder."

Deremer told Detective Gordon that he and his friend walked into an argument and people started shooting. Deremer's demeanor was "uncooperative", said Detective Gordon. "He would not provide details."

Detective Gordon had also spoken to EPD Officer Andrew Endsley. He gave Detective Gordon a watch that the ambulance personnel had given him.  Learning that two "females" had transported Deremer and dropped him off at the hospital, Detective Gordon asked Detective Harpham to get the surveillance video.

"By the time I got to the scene, other witnesses had been interviewed. People had pointed officers to the alley where the argument had taken place. Officers had detained a Henry Nunviller, since someone said he knew something about what had occurred. Based on Nunviller's statements and other statements, Detective Gordon learned about an apartment and the name, Brittany Thompson.

A search warrant was obtained and the apartment was searched. "No guns, no ammo, no casings" were found in the apartment. During the search, law enforcement found "a marijuana scale, trimming tools, marijuana paraphernelia, pay stubs from Derek Payton, Brittany Thompson and a couple of other people."

An extensive search was done of the area for shell casings. None were found. Bullet holes were located. "The first bullet hole was in a fence directly south facing the apartment.  A bullet was found on the carpet in a residence. Several more bullet holes located on the west side of the street and a hole in a window."

"The alley is located between E and F streets, between Randall and Watson and the apartment is middle of the block."

Detective Gordon attended Walin's autopsy, which was done by Dr. Mark Super, the Saturday after the body was found. Detective Gordon described the injuries to Walin as "through and through bullet wounds through his chest, coming from the back."

The cause of death was a gunshot wound to the back. Deputy District Attorney introduced the death certificate as People's exhibit #1 and it was entered into evidence.

"On November 2, 2015, we received a call from EPD about a dispute over a vehicle, last name was Scott and that Payton had possession of the vehicle. Payton was at the Quality Inn motel and he was the rightful owner."

"We found Payton in a hotel room linked to a female he was with and recovered a handgun from the drawer." Detective Gordon described it as a "stainless steel Taurus revolver with a laser grip and seven rounds in the chamber, which is rare." The number of rounds matched the number of bullet holes found at the crime scene and Detective Gordon said that "a revolver does not expel casings."

Payton was taken into custody on a warrant and interviewed at EPD. Payton was advised of his Miranda Rights and he agreed to talk with Detective Gordon.

Detective Gordon testified that Payton told him he was involved in the October 24, 2015 incident. "He was asleep in the back room. Thompson let Doug Camili in, who said Payton owed him money, but Payton had paid him for the marijuana. Camili asked for money. Eliot Walin and Nickolas Deremer came in with Doug Camili." Camili was the only person not injured, Detective Gordon added.

Payton told Detective Gordon that "he came into the living room. Someone noticed marijuana on a table, he thinks it was Deremer, who said, 'Why don't we take the marijuna then?' They took it. Payton said he pointed a gun at them to intimidate them. Payton said Thompson told him, "Don;t let them do this, shoot them, shoot them."

Payton followed them into the alley, he told Detective Gordon he was "shooting at them but not trying to kill them. He was tired of being ripped off."

DDA Christensen asked about the laser grip. Detective Gordon described how that works and locks on to a target. Payton told Detective Gordon "he spent 7 rounds, he was unaware he hot them and he went back into the house."

Detective Gordon spoke to Thompson "a number of times." Once was when she called EPD and said that she believed Camili had stolen  her car.In the first interview, she denied being there, said she wasn;t home, a friend came and she left."

"When she was at EPD, she altered her story. She was home. She let Camili in with two people." She told Detective Gordon that, "the people came and stole marijuana and ransacked the house. When she tried to save some marijuana belonging to her employer, Walin and Deremer threw her on the bed, pulled down her pants and threatened to rape her."

"During the alleged assault, she either dialed or answered her phone and asked a male friend to come over, so the friend grabbed a shotgun and came over." That friend was Nunviller.

She gave different versions and different details.

Detective Gordon then spoke to Camili. When he went back to talk to Thompson, she had a lawyer and was "not allowed to talk" to Detective Gordon.

Detective Gordon spoke to Payton about the alleged assault. "He said that Camili was alone with Thompson when she was purchasing heroin from him. Payton said that Walin and Deremer were not alone with Brittany at any point." Payton told Detective Gordon he did not see any guns on the three men but that Thompson told him they had guns and he was aware that they carried guns in the past.

Payton said he heard a police scanner on Camili and realized they were there to rob him.

"So basically, one of the men grabbed the marijuana and he followed them and started shooting," said DDA Christensen.

"That's right," said Detective Gordon. "No self defense."

Yesterday's post (also includes information on all previous coverage):

http://johnchiv.blogspot.com/2016/05/derek-payton-held-to-answer-on-all.html