The People did not oppose the motion to continue.
After hearing from all attorneys, Visiting Judge Robert Crone granted the request for a continuance. The jury trial for August 22 has been vacated. A trial confirmation is scheduled for 2 p.m.on December 14 and the new jury trial date is January 7, 2017.
Nicholas Leigl's attorney Mr. Michael Acosta objected to the continuance.
Mr. Celli has filed a non-statutory motion to dismiss on behalf Mario Nunez which will be heard on July 28. The People have filed an opposition.
There is also a motion on behalf of Nunez tomorrow titled "access to residence to heard tomorrow morning"
Deputy District Attorney Jackie Harkness is prosecuting the case for the People.
May 23, 2016
Private attorney for one of the suspects in Jesus Garcia homicide requesting a continuance
Trial confirmation is scheduled on May 25 for the four suspects in the Jesus Garcia homicide.
Anakalia "Andrea" Kaluna Sullivan, Joe Olivio III's private attorney She is a Lake and Mendocino County criminal defense attorney with offices in Ukiah and Lakeport.
Ms. Sullivan has requested a continuance for Joe Olivio III for the jury trial currently scheduled for June 6.
That motion for continuance is scheduled tomorrow at the same time as trial confirmation for Olivio III and the other three suspects.
Anakalia "Andrea" Kaluna Sullivan, Joe Olivio III's private attorney She is a Lake and Mendocino County criminal defense attorney with offices in Ukiah and Lakeport.
Ms. Sullivan has requested a continuance for Joe Olivio III for the jury trial currently scheduled for June 6.
That motion for continuance is scheduled tomorrow at the same time as trial confirmation for Olivio III and the other three suspects.
Apr 4, 2016
Four suspects in the Jesus Garcia homicide held to answer on charges, case to proceed to jury trial
The four suspects in the Jesus Garcia homicide were held to answer all charges and special allegations today by Judge Hinrichs.
The preliminary hearing lasted all of last week and concluded today.
Arraignment on information for the jury trial is on April 18 at 2pm in Courtroom 5.
Mar 11, 2016
Preliminary hearing for four suspects in Jesus Garcia homicide delayed again
An intervention hearing for the four suspects in the Jesus Garcia homicide was scheduled at 11 a.m. this morning in Courtroom 5. The preliminary hearing is currently scheduled for March 14. Intervention from March 1 was continued and the preliminary hearing for March 7 was vacated.
Now the preliminary hearing has been rescheduled for all four suspects for March 28.
Now the preliminary hearing has been rescheduled for all four suspects for March 28.
Feb 25, 2016
All four suspects in Jesus Garcia homicide arraigned, preliminary hearing set in March for now, continuance expected
A disposition and reset hearing was scheduled for Mario Nunez this afternoon. Intervention had been set for March 1; Preliminary hearing for March 7.
Setting for Preliminary hearing was scheduled this afternoon for Nicholas Leigl and Joe Daniel, Jr.
Arraignment was continued twice from February 11 until this afternoon for Joe Olivio III to obtain private counsel. He told Judge Joyce Hinrichs he was not able to retain private counsel. Public Defender Mr. Owen Tipps was appointed to represent Olivio III. A 10 day time waiver was entered. Mr. Tipps indicated that by intervention, he would be able to inform the court if he can confirm as counsel.
Nunez was not in court today, his appearance was waived by his attorney, Mr. David Celli. Ms. Christina Allbright, who represents Joe Olivio, Jr. said she could not be present for the current preliminary date. Her client entered a waiver for both the 10 and 60 day requirement.
Mr. Michael Acosta, who represents Leigl, has not waived time.
Intervention is set for March 1. Preliminary hearing is set for March 7.
Setting for Preliminary hearing was scheduled this afternoon for Nicholas Leigl and Joe Daniel, Jr.
Arraignment was continued twice from February 11 until this afternoon for Joe Olivio III to obtain private counsel. He told Judge Joyce Hinrichs he was not able to retain private counsel. Public Defender Mr. Owen Tipps was appointed to represent Olivio III. A 10 day time waiver was entered. Mr. Tipps indicated that by intervention, he would be able to inform the court if he can confirm as counsel.
Nunez was not in court today, his appearance was waived by his attorney, Mr. David Celli. Ms. Christina Allbright, who represents Joe Olivio, Jr. said she could not be present for the current preliminary date. Her client entered a waiver for both the 10 and 60 day requirement.
Mr. Michael Acosta, who represents Leigl, has not waived time.
Intervention is set for March 1. Preliminary hearing is set for March 7.
Feb 23, 2016
Mario Nunez, suspect in Jesus Garcia homicide gets preliminary hearing date set in March, for now
Mario Nunez was appointed private attorney, Mr. David Celli, and his arraignment was continued to this afternoon. Mr. Russ Clanton appeared for Mr. Celli today and confirmed appointment of counsel. Time was not waived.
A stack of discovery was given by Deputy District Attorney David Christensen to Mr. Clanton in court today.
There are dates for other co-defendants on February 25. For now, intervention for Nunez has been set for March 1 at 3 p.m. and Preliminary hearing is set for March 7.
A stack of discovery was given by Deputy District Attorney David Christensen to Mr. Clanton in court today.
There are dates for other co-defendants on February 25. For now, intervention for Nunez has been set for March 1 at 3 p.m. and Preliminary hearing is set for March 7.
Feb 19, 2016
No bail for Mario Nunez, third suspect in alleged gang related homicide and death of Jesus,Garcia, arraignment continued
Mario Nunez, the third co-defendant, in the Jesus Romero Garcia homicide was scheduled to be arraigned this afternoon. He also had a petition to revoke his post release community supervision.
No bail on both cases.
Count 1 murder with special allegation that he was an active gang participant at the time and the murder was committed to further activities of the criminal street gang.
Public defender offices cannot represent him, he cannot afford his own attorney, Mr. David Celli, private attorney was appointed for him.
Arraignment continued until February 23 at 1:30 p.m.
Link to other posts and background on this case:
http://johnchiv.blogspot.com/2016/02/lot-of-last-minute-changes-in-court.html
No bail on both cases.
Count 1 murder with special allegation that he was an active gang participant at the time and the murder was committed to further activities of the criminal street gang.
Public defender offices cannot represent him, he cannot afford his own attorney, Mr. David Celli, private attorney was appointed for him.
Arraignment continued until February 23 at 1:30 p.m.
Link to other posts and background on this case:
http://johnchiv.blogspot.com/2016/02/lot-of-last-minute-changes-in-court.html
Feb 23, 2016
New attorney appointed for Joe Olivio, Jr, one of four suspects in Jesus Garcia homicide
Conflict Counsel was relieved and private attorney, Ms. Christina Allbright, was appointed for Joe Olivio, Jr. today. His next court date is February 25.
Feb 19, 2016
Lot of last minute changes in the court hearings and attorneys for the four suspects charged in the death of 14 year old Jesus Romero-Garcia
Lot of changes in the hearings scheduled for the four suspects in the 14 year old Jesus Romero Garcia homicide.
Mario Nunez, the fourth co-defendant is scheduled to be arraigned this afternoon at 1:29 p.m. in Courtroom 5.
Joe Daniel Olivio and Nicholas Leigl's preliminary hearing for February 22 has been vacated and continued at the request of the District Attorney's office. Setting for a new date is scheduled for February 25 at 2 p.m. in Courtroom 5.
Leigl has now retained a private attorney, Michael Acosta to represent him.
Joe Olivio has a hearing on 2/23 for appointment of counsel. He was being represented by Conflict Counsel.
Joe Olivio III's arraignment was continued until February 25 so he can hire private counsel.
All suspects are in custody.
Mario Nunez, the fourth co-defendant is scheduled to be arraigned this afternoon at 1:29 p.m. in Courtroom 5.
Joe Daniel Olivio and Nicholas Leigl's preliminary hearing for February 22 has been vacated and continued at the request of the District Attorney's office. Setting for a new date is scheduled for February 25 at 2 p.m. in Courtroom 5.
Leigl has now retained a private attorney, Michael Acosta to represent him.
Joe Olivio has a hearing on 2/23 for appointment of counsel. He was being represented by Conflict Counsel.
Joe Olivio III's arraignment was continued until February 25 so he can hire private counsel.
All suspects are in custody.
Feb 18, 2016
Joe Olivio III's arraignment continued for another week; he is charged with the homicide of Jesus Garcia
Joe Daniel Olivio III's arraignment was continued from February 11 to today so he could obtain private counsel. He is the third co-defendant out of a total of four charged with the death of Jesus Garcia. His araignment was continued for yet another week for the same reason.
He is in custody. His mother was in court today. At Judge Joyce Hinrich's request, Conflict Counsel's Mr. Marek Reavis spoke with Olivio's mother and told the Judge that "they had made progress and expected to retain counsel in three days."
Deputy David Christensen said "he had concerns because the People want to try all the cases together", however he did not object to the arraignment being continued to February 25 at 1:30.
Olivio III's father and co-defendant Nicholas Leigl have a preliminary hearing scheduled for February 22. They also have an intervention scheduled today at 3 p.m. The fourth co defendant is expected to be arraigned on February 22.
Charges for Olivio III are the same as the other co-defendants murder with special allegation that he was an active member of a criminal gang and that the murder was committed to further activities of the street gang.
Olivio III has an additional special allegation that he was a minor at the time of the crime, at least 16 years old.
He is in custody. His mother was in court today. At Judge Joyce Hinrich's request, Conflict Counsel's Mr. Marek Reavis spoke with Olivio's mother and told the Judge that "they had made progress and expected to retain counsel in three days."
Deputy David Christensen said "he had concerns because the People want to try all the cases together", however he did not object to the arraignment being continued to February 25 at 1:30.
Olivio III's father and co-defendant Nicholas Leigl have a preliminary hearing scheduled for February 22. They also have an intervention scheduled today at 3 p.m. The fourth co defendant is expected to be arraigned on February 22.
Charges for Olivio III are the same as the other co-defendants murder with special allegation that he was an active member of a criminal gang and that the murder was committed to further activities of the street gang.
Olivio III has an additional special allegation that he was a minor at the time of the crime, at least 16 years old.
Feb 16, 2016
Joe Daniel Olivio, another suspect in homicide of Jesus Garcia arraigned this afternoon
Joe Daniel Olivio, Jr, one of the other suspects in the homicide of Jesus Garcia was arraigned this afternoon in Courtroom 4.
District Attorney Maggie Fleming was present at the arraignment. Mr. Marek Reavis from Conflict Counsel was appointed for Olivio, Jr. He said most likely his colleague, Mr. Greg Elvine-Kreis would be Olivio's attorney.
A time waiver was entered. For now, Olivio Jr's dates are the same as Nicholas Leigl, the first suspect to be arraigned. Intervention is Feb 18. Preliminary hearing is February 22.
Olivio's son's arraignment was continued until February 18 so he could hire a private attorney. Mario Nunez has an active bench warrant out.
Count 1 murder with special allegation that he was an active gang participant at the time and the murder was committed to further activities of the criminal street gang.
Previous post:
http://johnchiv.blogspot.com/2016/02/homicide-of-14-year-old-from-2014.html?m=1
District Attorney Maggie Fleming was present at the arraignment. Mr. Marek Reavis from Conflict Counsel was appointed for Olivio, Jr. He said most likely his colleague, Mr. Greg Elvine-Kreis would be Olivio's attorney.
A time waiver was entered. For now, Olivio Jr's dates are the same as Nicholas Leigl, the first suspect to be arraigned. Intervention is Feb 18. Preliminary hearing is February 22.
Olivio's son's arraignment was continued until February 18 so he could hire a private attorney. Mario Nunez has an active bench warrant out.
Count 1 murder with special allegation that he was an active gang participant at the time and the murder was committed to further activities of the criminal street gang.
Previous post:
http://johnchiv.blogspot.com/2016/02/homicide-of-14-year-old-from-2014.html?m=1
Feb 9, 2016
Appointment of attorney for Nicholas Leigl, a suspect in the Jesus Garcia homicide, with alleged ties to the 18th street gang in limbo
Confirmation of Counsel was scheduled this afternoon for Nicholas Leigl. Alternate Conflict Counsel's Mr. Glenn Brown was in court and told Judge Joyce Hinrichs that he had only received a summary of the possible witnesses in this case and was waiting to get discovery from the People.
Until then, he could not deny or confirm appointment because he could not determine if there was a conflict.
Deputy David Christensen was in court for the People.
Until then, he could not deny or confirm appointment because he could not determine if there was a conflict.
Deputy David Christensen was in court for the People.
Feb 5, 2016
No bail for Nicholas Leigl, first suspect arraigned for homicide of Jesus Garcia
Preliminary hearing February 22 at 8:30. Office of Alternate Conflict Counsel appointed for now. Mr. Marek Reavis of Conflict Counsel made a special appearance for his arraignment.
"We waive OR/Bail without prejudice," said Mr. Reavis.
According to the bail schedule, with the special allegation, he is to be held with no bail. Deputy District Attorney Jackie Pizzo was present for the People.
Confirmation of Counsel is February 9 at 2 p.m. Intervention is February 18 at 3 p.m. Preliminary hearing is February 22 at 8:30 p.m.
"We waive OR/Bail without prejudice," said Mr. Reavis.
According to the bail schedule, with the special allegation, he is to be held with no bail. Deputy District Attorney Jackie Pizzo was present for the People.
Confirmation of Counsel is February 9 at 2 p.m. Intervention is February 18 at 3 p.m. Preliminary hearing is February 22 at 8:30 p.m.
Feb 5, 2016
Nicholas Leigl, one of the suspects in the Jesus Romero-Garcia with alleged ties to the 18th street gang arraigned for murder and criminal street gang charges
Nicholas Leigl will be arraigned this afternoon at 3 p.m. in Courtroom 5.
Count 1 Murder with special allegation that he was an active participant in a criminal street gang and the murder was committed to further activities of the gang.
He is one of the suspects in the homicide of Jesus Romero-Garcia and is believed to have connections to the 18th street gang.
Count 1 Murder with special allegation that he was an active participant in a criminal street gang and the murder was committed to further activities of the gang.
He is one of the suspects in the homicide of Jesus Romero-Garcia and is believed to have connections to the 18th street gang.
Feb 4, 2016
District Attorney Maggie Fleming gives update on status of arraignments for suspects in Jesus Garcia homicide
District Attorney Maggie Fleming said, "We have contacted the department of corrections regarding our warrants for two of the defendants who are in prison. The other two are also in custody – one in our county and one out of county. We will have to arraign them as they arrive here. No word yet on how soon they will be transported."
Feb 4, 2016
Homicide of 14 year old from 2014 involves alleged connection to Mexican gang mafia
EPD held a press conference this morning.
DA has filed charges. Mexican gang mafia, 18th Street gang and homicide of Garcia is believed to be due to an internal gang dispute.
Captain Brian Stephens held the press conference.
This is the text of what Captain Stephens read to the media:
DA has filed charges. Mexican gang mafia, 18th Street gang and homicide of Garcia is believed to be due to an internal gang dispute.
Captain Brian Stephens held the press conference.
This is the text of what Captain Stephens read to the media:
On December 17, 2014, at about 8:10 a.m., a citizen near McFarland and 15th Street, found a male subject, ultimately identified as 14 year old Jesus Romero-Garcia, lying on the front lawn of a home on 15th Street. The citizen reported Jesus appeared to be sleeping. The citizen tried to get Jesus’s attention but he would only make groaning noises. It was raining at the time and Jesus’s body was wet. The citizen called the Eureka Police Department at approximately 8:22 a.m. for a welfare check. At the time the citizen didn’t notice Jesus had suffered any injuries and none were reported to our Dispatch center.
At approximately 8:34 a.m., the first two EPD Officers arrived on scene to investigate. They contacted Jesus and quickly learned he was bleeding, had been stabbed, and was having labored breathing. The officers summoned medical aid to the scene. Detectives from the Eureka Police Department also responded to the scene to take over the investigation. City Ambulance transported Jesus to St. Joseph Hospital’s emergency room where he was pronounced deceased approximately one hour later. While examining Jesus’ body, investigators discovered three wounds in his upper front thorax area, consistent with being stabbed. They also discovered what appeared to be several defensive knife wounds to his forearm.
Based on the initial facts learned during the investigation of the crime scene where Jesus was found, investigators believed he suffered his mortal wounds at another location and was transported and left somewhere near his final location on 15th Street. It is believed Jesus was left on or near 15th Street approximately 8 ½ hours prior to being found by the citizen.
On the same day as Jesus’s murder, at approximately 9:00 a.m., the United States Marshall Service Fugitive Task Force, working with the Fortuna Police Department, received information regarding a felony warrant suspect, Joseph Daniel Olivo Jr. Olivo’s warrant was for a parole violation and he was believed to be armed. At approximately 9:45 a.m., Olivo was observed as an occupant in a parked sedan in the Strong’s Creek Plaza in Fortuna. Two officers approached the vehicle and it fled towards Highway 101, resulting in a vehicle pursuit. Olivo eventually pulled to the rear of a residence and surrendered to officers. A second subject, Mario Nunez, who had exited Olivo’s vehicle just prior to the pursuit was located within the Strong’s Creek Plaza and arrested by the Fortuna Police for a felony warrant and possession of narcotics. As a part of the follow-up investigation Olivo’s son, Joe Daniel Olivo III was located and arrested. According to the State Parole, Olivio Jr., and Nunez are connected to the Mexican Mafia as well as the Sureno gang. Olivo III is known to EPD officers as an associate to the local Sur 13 gang. These were significant arrests and would be vital to our homicide investigation.
At the onset of the investigation, Investigators were misled by social media and were seeking a known Norteno gang member. However, two days after the murder, an alternate theory began to develop based on other sources. On the afternoon of December 19, 2014, Investigators received a letter in the mail from an anonymous source. This anonymous source gave specific details about what happened and who was involved in the murder of Jesus. This source named the four suspects who were eventually arrested and throughout the investigation, Investigators were able to find supporting evidence for everything stated in the anonymous letter.
This has been an extensive and complex investigation. Even though we had identified the suspects early on in the investigation, our Investigators needed to build a case and collect and process all the relevant evidence and prepare a thorough report that would assist the District Attorney’s Office with prosecution of the suspects. This was done through significant collaboration with the local office of the Federal Bureau of Investigations, Federal Probation Department, United States Marshall Service, the local Department of Justice Forensic Lab, the Redding DNA lab, and the San Luis Obispo Probation Department.
During the course of the investigation, Investigators obtained and served 15 search warrants, identified and processed several crime scenes, and collected and processed over 100 pieces of evidence. The result of all this hard work culminated on February 02, 2016 with warrants being issued by the Humboldt County Superior Court for the arrests of the following suspects for PC 187 (a) - Murder:
Joe Olivo Jr, 37 years old, Validated Mexican Mafia gang member from San Luis Obispo, arrested on February 3rd, while being housed at Pelican Bay Prison. Has contacts in Eureka since 2008.
Joe Olivo III, 18 years old, Sureno gang member from San Luis Obispo, arrested on February 2nd by the San Luis Obispo Probation Department and Gang Task Force. Has contacts in Eureka starting since 2012.
Mario Nunez, 30 years old, Validated Sureno gang member from Watsonville, arrested while being housed at San Quentin prison. Has contacts in Eureka since 2000.
Nicholas Leigl, 33 years old, History with the 18th Street gang from Eureka, arrested on February 3rd by EPD’s POP team as he arrived at his place of employment.
All the above suspects have ties to the Eureka area and local arrest. The motive behind the murder of Jesus appears to be for the furtherance of the Sureno gang and involved an internal dispute within the gang.
The suspects will all be transported back to Humboldt County at some point in the future and arraigned on the murder charge.
The Eureka Police Department will not stand for gang activity in the City of Eureka, especially activity that is associated with violence. If you’re involved in this type of activity we will eventually find you and bring you to justice. The citizens of Eureka and those who come to our city for a multitude of reasons deserve to live and travel in peace and safety.
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