Feb 20, 2016

U.S. Supreme court postpones conference on marijuana case by Colorado's neighboring states


The Supreme Court was scheduled to confer over a major marijuana case Feb. 19 but has postponed the meeting due to late Justice Antonin Scalia’s memorial ceremony at the Supreme Court falling on the same day, according a SCOTUS Blog report.

http://www.scotusblog.com/case-files/cases/nebraska-and-oklahoma-v-colorado/

Nebraska and Oklahoma v. Colorado

Pending petition
Docket No.ArgumentOpinionVoteAuthorTerm
22o144TBDTBDTBDTBDTBD
Issue: (1) Whether the Court will grant Nebraska and Oklahoma leave to file an original action to seek a declaratory judgment stating that Sections 16(4) and (5) of Article XVIII of the Colorado Constitution are preempted by federal law, and therefore unconstitutional and unenforceable under the Supremacy Clause, Article VI of the U.S. Constitution; (2) whether Colorado should be enjoined from any and all application and implementation of Sections 16(4) and (5) of Article XVIII of the Colorado Constitution; (3) whether Colorado should be enjoined from any and all application and implementation of statutes or regulations promulgated pursuant to Sections 16(4) and (5) of Article XVIII of the Colorado Constitution; and (4) whether Colorado should be ordered to pay the plaintiff states’ costs and expenses associated with this legal action, including attorneys’ fees.CVSG: 12/18/2015.

SCOTUSblog Coverage

DateProceedings and Orders
Dec 18 2014Motion for leave to file a bill of complaint filed.
Feb 10 2015Order extending time to file response to the bill of complaint to and including March 27, 2015
Feb 19 2015Brief amici curiae of All Nine Former Administrators of Drug Enforcement filed.
Mar 27 2015Brief amicus curiae of Washington and Oregon filed.
Mar 27 2015Brief of respondent Colorado in opposition filed.
Apr 3 2015Reply of plaintiffs Nebraska and Oklahoma filed.
Apr 15 2015DISTRIBUTED for Conference of May 1, 2015.
May 4 2015The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Dec 16 2015Brief amicus curiae of United States filed.
Jan 5 2016Supplemental brief of petitioners Nebraska and Oklahoma filed. (Distributed)
Jan 6 2016DISTRIBUTED for Conference of January 22, 2016.
Feb 8 2016DISTRIBUTED for Conference of February 19, 2016.

Klamath and Trinity Rivers, roads and bridges are only some Humboldt County needs Supervisor Sundberg will focus on in D.C.

Humboldt County Fifth District Supervisor is in Washington D.C. attending the National Association of Counties Legislative Conference.

Supervisor Sundberg told me that some of the topics are: tribal fee to trust, justice and public safety, payment in lieu of Taxes, ACA, substance abuse epidemic, emergency management, innovations in economic diversification, childhood trauma (creating trauma informed counties).

"On Wednesday I will be going to Capital Hill with our Lobbyist Waterman to meet with 7 representatives and 2 Senators. We will be focusing on our County platform, especially talking about the Klamath and Trinity rivers, roads and bridges," said Supervisor Sundberg.




The link below has the complete schedule.

http://www.naco.org/events/naco-legislative-conference


NACo JPS chair Sally Heyman continues the conversation on behavioral health and justice alongside Lynn Overmann (White House), Joe Dunn (staffer for Sen. Murphy) and NACo Health chair Mary Ann Borgeson.

Feb 19, 2016

We did not need the FBI to tell us what a disaster Prop 47 has been for California

We did not need the FBI to tell us what a disaster Prop 47 is, here are the stats, California crimes up in 2015.

http://www.ppic.org/main/blog_detail.asp?i=1954


Jeremy Kish sentenced to 12 years in state prison for 5 cases, one being arson of the former Arcata Alliance Market

Judge Marilyn Miles heard a plea offer of a plea deal negotiated by both the Deputy District Attorney and Jeremy Kish's attorney, Public Defender Mr. Casey Russo at the last court hearing.

Among his various cases, Kish is charged with arson of the former Arcata Alliance Market and sodomy against a male victim.

Dressed as usual in a red jumpsuit since he is in administrative segregation, chained, cuffed but no masks covering his face,

 This afternoon in five cases, Kish teceived a total of 12 years in state prison. Court was not absent of Kish's usual theatrics.

No other media was in court. The District Attorney's office just sent out a press release:




NEWS RELEASE

February 19, 2016



Jeremy Kish pled guilty to multiple felonies on Wednesday and was sentenced to 12 years in prison today.
Kish, (dob 11/6/84) was sentenced to seven years for the arson he set on May 23, 2015 in Arcata.  The early morning fire destroyed the former Alliance Market at 1499 Spear Avenue and an adjacent non-residential structure.  Both the Arcata Police Department and the Arcata Fire Protection District responded.  They located Jeremy Kish of Eureka close to the scene.  Arson is a serious felony that will serve as a strike prior in any future criminal case.  
He was also sentenced to five years for four felonies related to his assaultive conduct in the Humboldt County Correctional Facility.  Prison time for those felonies will be served consecutively with the time served for arson.  He also pled to a misdemeanor charge of criminal threats.  
The case was prosecuted by Deputy District Attorney Stacey Eads.





Feb 17, 2016


Jeremy Kish, former Arcata Alliance Market Arson suspect with 25 or more files, pleads out out before preliminary hearing

A preliminary hearing scheduled tomorrow morning for Jeremy Kish has been vacated. He had an intervention hearing yesterday afternoon in Courtroom 2.

The result, he accepted a plea and will be sentenced at 4 p.m. on February 19 in Courtroom 2.


Jan 4, 2016


"I just want to plead guilty now! I told you I am willing to take the deal she is willing to give me." Kish yells at his attorney in court





By October 22, 2015 Jeremy Kish had been transported to NAPA.

Now, he's back.

He was released and ruled competent so criminal proceedings have been resumed. Of course, that could change.

He had preliminary hearings scheduled for tomorrow in two cases, his recent arson case and the sex offense case. The other cases are trailing. His defense attorney, Public Defender Casey Russo, filed for a continuance due to some discovery issues. Deputy District Attorney Stacey Eads told Judge Feeney that the  victims had been notified and the People had no objection.

 An intervention hearing is set for February 9 at 4 p.m. and preliminary hearing  is now scheduled for February 18 at 8:30 a.m.

Dressed in his usual red for administrative segregation, bound in chains, mask covering his mouth and head and only two bailiffs escorting him, in typical Kish fashion,he rambled on and on wanting to chat with Mr. Russo before his case was called.

Once dates were rescheduled, he initially did not want to enter a general time waiver in a few cases. First he addressed the Judge, "Mr. Feeney does it have to be this long?" Judge Feeney asked him to convey what he wanted through his attorney.

"I just want to plead guilty now!" said Kish to Mr. Russo. "I told you I am willing to take the deal she is willing to give me." After Mr. Russo calmed him down and spoke to him for a bit, he agreed to the time waivers.


Oct 9, 2015


"There are 25 or so files here"; Visiting Judge's response to signing an order to show cause to be served on Napa State Hospital for Jeremy Kish

A 90 day progress report for Jeremy Kish scheduled on November 12 will probably end up being rescheduled. Why?

Kish who was to be transported to Napa after a commitment order was signed in August by Judge Marilyn Miles is still at the Humboldt County jail facility. The Public Defender's office filed an order to show cause why NAPA has still not transported Kish.  The People were in agreement with the defense.

Mr. Casey Russo is representing Kish since the last hearing. Deputy District Attorney Adrian Kamada was present for the People for yesterday's hearing which took place in Courtroom 6 before Visiting Judge Richard Kossow. With the court restructuring , it should have been in Courtroom 5.

Mr. Russo told Judge Kossow that "Kish has been here 50 plus days. NAPA has failed to transport him within a reasonable time. We ask that by October 22 for NAPA to show cause why they haven't transported him."

"There are 25 or so files here," said Judge Kossow. "You want me to sign an order in each of them?

What would a Kish hearing be without some drama. Watched by three extra bailiffs, in addition to the regular courtroom bailiff, Kish dressed in his red jumpsuit, with mouth and face covered with a mask and in chains, piped up, "Your honor, can I have a moment to talk to my attorney?"

After a minute with Mr. Russo, this time not loud enough for everyone to hear in the courtroom, KIsh was content to have his minute of fame and was taken back to his cell.


Previous post:


Sep 5, 2015


This time Jeremy Kish's lawyer fires him!

Well technically, his lawyer did not fire him, but how could I resist that pun after Kish's numerous attempts at Marsden hearings that were denied.

Jeremy Kish is still waiting transport to Napa State Hospital. A commitment order was signed on August 19 by Judge Marilyn Miles. Dressed is his trademark red for administrative segregation, bound in chains, mouth and head covered with masks, Kish was only escorted by one extra bailiff.

His lawyer, Conflict Counsel's Mr. Greg Elvine-Kreis told Judge Marilyn Miles that "my office has a conflict on all the cases." Public Defender's office was appointed for Kish on September 4.

DDA Whitney Barnes was present for the People.

Just as I thought, at last, one drama free Kish court hearing, Kish yelled to Judge Miles, "Can you rush on the transportation?"

If you haven't been following the case, read the previous links to catch up.

Previous posts:

http://johnchiv.blogspot.com/2015/08/kish-pulls-his-usual-stunts-in-court.html
(has other links)
http://johnchiv.blogspot.com/2015/08/male-victim-in-kishs-alleged-sodomy-and.html
http://johnchiv.blogspot.com/2015/08/judge-miles-once-again-has-to-reprimand.html

No charges will be filed against former HSU student for alleged rape, No charges in the alleged home invasion and stabbing on 8th and H

District Attorney Maggie Fleming confirmed:


1.      After review of the investigation we did not file charges against Mr. Daudu.

2.  Ryan and John Long-the victim has decided not to prosecute and thus no charges will be filed.

Beginning February 26 medical cannabis businesses in, unincorporated areas of Humboldt County can apply for permits

Beginning on Friday, Feb. 26 you can take part in making history by applying to have your medical marijuana business permitted in the unincorporated areas of Humboldt County. On this day, our Commercial Medical Marijuana Land Use Ordinance will take effect, making Humboldt the first county in the state to develop a comprehensive local regulatory system that is in line with recently passed On Jan. 1, the Medical Marijuana Regulation and Safety Act (MMRSA) took effect, and provided a statewide regulatory framework whereby those who obtain both a local and state permit can legally engage in a variety of activities involving commercial production, manufacturing, and distribution of medical cannabis in California. Once the state begins issuing licenses you will need to get those as well. However, those who are considered to be in good standing with their local jurisdiction will be first in line for those licenses.
“As the new state laws come online, cannabis growers and other businesses will only be able to operate legally in California if they are licensed and permitted at the local level,” said Mark Lovelace, Chair of the Board of Supervisors. “Humboldt County is leading the state right now, so those businesses which get their permits early will not only be ahead of the curve legally, they will also be well-positioned in this emerging marketplace.”
These regulations were put into effect to reduce environmental impacts, to help ensure local control and to convert an underground, black-market economy into a legitimate agricultural and commercial contributor to the local and state economy. By applying, you are not only ensuring that your business is operating in accordance with the MMRSA and county regulations, you are also demonstrating that you are a responsible business owner and member of our community.
The permits you will be able to apply for are as follows (full definitions can be found in Humboldt County Ordinance No. 2544):
• Cultivation: Planting, growing, harvesting, drying, curing, grading, or trimming of marijuana for medical use. Permits are broken down into indoor, outdoor, mixed light and nursery cultivation.• Manufacture: Transforming the raw agricultural product into a medical cannabis product
• Distribution: Location or facility to procure medical marijuana for sale to dispensaries, and the inspection, quality assurance and batch testing of the product prior to transport.
To apply for your permit, visit the Planning & Building Department beginning at 8:30 a.m. on Feb. 26 at 3015 H Street in Eureka.
For more information:• Visit our Medical Marijuana Permits page athumboldtgov.org/MMJ, which has a checklist for easy reading.
• The department has also established a dedicated 24-hour hotline for questions concerning the Commercial Medical Marijuana Land Use Ordinance. Call them at 707-268-3795. During regular business hours, dedicated staff will be available to answer questions and return calls.
“This is an exciting time for Humboldt County, and it’s an honor to be able to serve our citizens in this historic new process,” said Robert Wall, Director of the Planning & Building Department. “This is new ground for everyone, so there are bound to be some bumps in the road. However, we are dedicated to making this successful and supporting applicants in any way possible. We want to make sure you have everything you need and answer any questions you have during the permitting process.”
The hard work of both our Planning & Building Department and our County Counsel’s Office allowed us to pass these regulations before any other county in the state. More regulations are still being developed.
Beginning Feb. 26, the application process will only be open to activities outside of the Coastal Zone. New regulations within the Coastal Zone await review and certification by the Coastal Commission before they may take effect. Unless extended by the Board of Supervisors, the period for accepting applications will close on December 31.

Rex says internet for all, Ryan for more qualified medical professionals locally, and see who EDD wants on the Humboldt County Workforce Investment Board

In the morning session of the Humboldt County Board of Supervisors, under the consent calendar, Supervisor Rex Bohn is bringing a letter of support for AB 1758, the Internet for All Now Act of 2016. The link below is to the text of the bill.


Also under the consent calendar, the CAO's office has an item which is to fill vacant positions on the Humboldt County Workforce Development Board with the Economic Development recommending Ahn Fielding and Robyn Stalcup.

Fielding is the executive director of Community development at CR. Stalcup's Linkedin account lists her in Oregon.

The Board can also approve that their strategic framework of 2016 be given to department heads.

Under special presentations, Supervisor Ryan Sundberg has invited representatives from the Stanford School of Medicine to recruit qualified professionals to our area.




Judge denies bail to Charles Gay booked for possession of heroin and marijuana, see why




On 02/19/16 at about 1:15 a.m., Officers with the Eureka Police Department responded to the 3300 block of Broadway for the report of a male passed out in his parked vehicle.  While checking the welfare of the male, Officers located a bag containing 6.4 ounces of Heroin in plain sight.

The male eventually woke up and was identified as Charles Gay, 41 of Eureka.  While searching the vehicle, Officers located over a pound of Marijuana, a large amount of cash, and scales.

Gay was transported and booked into the Humboldt County Correctional Facility for possession of a controlled substance for sales, transportation of a controlled substance, possession of Marijuana for sales, probation violation, and committing a felony while out on bail. Gay was out on bail for his Tuesday arrest made by the Eureka Police POP team.  

Officers contacted a Humboldt County Superior Court Judge and requested a bail enhancement.  The Judge reviewed the charges and denied Gay the ability to post bail.  



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


$95,000 bail set for McKinleyville's Gary Morris most recently arrested for fleeing from law enforcement

Gary Morris was arraigned yesterday in Courtroom 5. Deputy District Attorney David Christensen was present for the People. Conflict Counsels' Mr. Marek Reavis was appointed for Morris.

Morris was arraigned for a new felony complaint for which his bail was set by Judge Joyce Hinrichs at $75,000. He had three misdemeanor cases, bail was $10,000 for one case and $5,000 each for the other two.

He has an OR/Bail hearing today at 2 p.m. An intervention hearing on February 25. Preliminary hearing is set for March 2.


HCSO Press Release:

On Monday, February 15, 2016, at approximately 10:41 p.m. Humboldt County Sheriff’s Deputies observed a vehicle pass their location on Highway 101 near Clam Beach. They estimated the vehicle was travelling about 74 mph. The vehicle drove by deputies earlier in the evening while they were conducting a traffic stop and yelled obscenities. Deputies attempted to stop the vehicle which failed to stop and a pursuit ensued. The vehicle finally stopped at a residence on the 1200 block of Perini Street, McKinleyville. The male driver, later identified as 24 year old Gary Morris, of McKinleyville, exited the vehicle with a small dog. Morris dropped the dog off at a residence and deputies attempted to take him into custody at this time. Morris resisted arrest and after a brief struggle was handcuffed and placed into the patrol vehicle. Morris was found to be in possession of marijuana.
While en route to the Humboldt County Correctional Facility, Morris was belligerent and made numerous threats towards the deputies and the deputies’ family. Morris was booked for resisting arrest, evading a peace officer, failure to stop at a stop sign, unsafe lane change, driving without a license, driving in excess of 65 miles per hour, possession of marijuana, violated terms of probation, and driving under the influence of alcohol or drugs. His bail has been set at $50,000.


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.


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.

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

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.


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.

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.

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:

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.



Alleged armed robbery in McKinleyville may involve theft of assault rifle and processed marijuana

On Thursday, February 18, 2016 at approximately 4:00 a.m. Humboldt County Sheriff’s Deputies responded to the 2300 block of McKinleyville Ave, for a report of an armed robbery. When deputies arrived on scene they spoke with a male and female victim. The female victim stated two male suspects forced entry into her residence and held her at gunpoint and stole her purse and jewelry. The male victim believed the suspects took an assault rifle and processed marijuana from his 215 grow. The suspects then left the residence and the victims were unharmed. The suspects are considered armed and dangerous.

Suspect #1 is described as a white male adult, wearing a black hooded sweatshirt, a dark scarf over his mouth and nose, and blue jeans. Suspect #2 is described as a white male adult, tall in stature, heavy build, wearing a dark colored hooded sweatshirt with a “white bandana” print on the chest, and dark colored shorts. The suspect’s vehicle may be a white Jaguar.

Weigh in on the City of Eureka's vacation rental ordinance

The public is invited to attend a Study Session with the City of Eureka Planning
Commission to discuss the City’s draft Vacation Dwelling Unit Ordinance on February
22, 2016, at 5:30 p.m. in the Council Chamber at Eureka City Hall.
A draft ordinance was presented to the Planning Commission on February 8, 2016.
Following the study session, the tentative schedule is to return to the Planning
Commission with the revised draft ordinance at a public hearing on March 14, 2016, and
then proceed to Council for introduction and possible adoption in April, 2016.
Please feel free to contact Development Services staff Robert Jensen, Assistant Planner
or Rob Holmlund, Director at 707-441-4160 with questions, or drop by the Development
Services office on the 3rd floor of City Hall, 531 K Street, during regular business hours.

Preliminary investigation reveals driver turning struck pedestrian on 4th and O


On 02/18/16 at approximately 3:16 p.m. the Eureka Police Department responded to 4th and O Streets for the report of an injury collision involving a pedestrian and a vehicle.  

The preliminary investigation revealed that the pedestrian, 61 year old male of Eureka, was walking south across 4th Street in the crosswalk.  The driver, 58 year old male of Ferndale, was making a left turn from O Street on to 4th Street when his Dodge pickup struck the pedestrian in the roadway.    

The pedestrian suffered major head injuries and was transported by ambulance to the hospital.  He was flown out of the area for treatment and is in critical condition.  Alcohol/drugs do not appear to be a factor in this collision.  This is an ongoing investigation.  Any witnesses are asked to call Officer Hill at (707) 441-4060.
  


Feb 18, 2016

Colorado one step ahead of California, again, with guidelines for organic cannabis or just a revenue maker?

http://www.theguardian.com/us-news/2016/feb/18/colorado-bill-guidelines-organic-marijuana-cannabis

Former HSU State University student Robert Daudu arrested for sexual assault no longer in custody

Former HSU student Robert Daudu has not been arraigned yet for his recent arrest for sexual assault.

There was n incident back in June 2015 involving the Arcata Police Department and PC 243 (3)(1), domestic battery, a misdemeanor, had no complaint filed.

He was in custody until yesterday. He is no longer in custody. He was on the must go list on February 18. This means he was not arraigned during the statutory time required.

Humboldt State press release:
Former Humboldt State University student Robert Ikpomwonsa Daudu was arrested for a sexual assault that occurred in December 2015 in an east campus parking lot.
University Police officers arrested Daudu on Saturday, Feb. 13. Daudu was booked in the Humboldt County Jail.
Daudu was enrolled in classes through fall 2015 but was not registered as an active student for the spring 2016 semester. Daudu, 26, is originally from Claremont, Calif.

U. S. army punishes honorable soldier who protected young Afghan boy from his alleged child molester

http://www.foxnews.com/us/2016/02/18/decision-looms-for-army-sergeant-who-protected-afghan-boy.html


U.S. Army, politics and corruption. Punish a honorable man and side with a creep.



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.

Earl Orr arraigned for jury trial for the murder of Jessica Jane Hare from Phillipsville

Earl Orr arraigned on information today in Courtroom 5 for the jury trial in which he is charged with the murder of Jessica Jane Hare.

Count 1 is murder with a special allegation that he personally and intentionally discharged a firearm, a handgun, which caused great bodily injury to Hare.

Mr. David Celli from Russ Clanton's law firm appeared with Orr. He entered a not guilty plea for Orr and did not waive time.

Trial Confirmation is on March 29. Jury Trial is on April 11.

Feb 2, 2016:

Earl Orr held to answer on murder charge and special allegation regarding Jessica Hare
The preliminary hearing for Earl Orr continued today for the second day. The hearing was in Courtroom 4 before Judge Timothy Cissna.

Orr is charged with the murder of Jessica Hare with a special allegation that he discharged a firearm causing great bodily injury to Hare.

Deputy District Attorney Stacey Eads is prosecuting the case. Orr is being represented by Mr. Russell Clanton.

Yesterday, two witnesses testified. Miranda resident Thomas Lusk, who claims he was an eye witness to the shooting and testified that Orr shot Hare and said she is dead. According to Lusk, Orr killed Hare because she rejected his request for  a date and told him she was a lesbian and had a partner.

The other witness was HCSO's Detective Todd Fulton who said Orr was seen with a gun by witnesses. Detective Fulton continued his testimony this morning.

This Thomas Lusk is not the Miranda man charged with 6 felonies including torture, rape, false imprisonment, oral copulation of a female victim he met and invited back to his house. That Thomas Lusk has prior conviction of terroristic threats.


Update:

The victim in the homicide has been identified as 47-year-old Jessica Jane Hare from Phillipsville. The victim and suspect knew each other prior to the shooting. An autopsy has been scheduled for Saturday, May 2, 2015.

Original HCSO release:

On 04-25-2015, at about 8:30 p.m., the Sheriff's Office received a call from a citizen reporting there was a gunshot victim at a residence on the 400 block of Phillipsville Loop Road in Phillipsville.
Deputies responded to the scene, along with officers from the California Highway Patrol. Deputies located the victim who was pronounced deceased at the scene.
After speaking with witnesses, deputies learned the suspect, Earl C. Orr, 59, of Phillipsville, had been in possession of a firearm and was present with the victim just prior to the shooting. After the shooting, Orr abruptly left the scene.
On 04-26-2015, at about 7:30 a.m., Deputies served a search warrant at Orr's residence in Phillipsville. Deputies located Orr at his residence and he was taken into custody. Deputies also seized several firearms from Orr's residence. Orr was later taken to the Humboldt County Correctional Facility and booked for the charge of homicide. Orr's bail was set at $1,000,000.00.

$60,000 bail set for Tays Salazar charged with robbery of Orick market this weekend




On 02-17-2016 at about 2:20 pm an Officer with the Yurok Tribal Police Department observed Tays Salazar age 40 driving a white Mitsubishi vehicle on Highway 169, Pecwan. The Tribal Officer was aware that Salazar was identified as the suspect in the robbery of the Orick Market on 02-13-2016.

The Tribal Officer conducted a Felony car stop on the vehicle Salazar was driving. When Salazar was contacted he refused the officer’s commands to prone out on the ground. The Tribal Officer at first used pepper spray on Salazar in an attempt to gain compliance. The pepper spray was ineffective. The Tribal Officer then struck Salazar one time on his knee with a baton to gain compliance for an arrest. Salazar was then taken into custody without further incident.

A  Sergeant with the Humboldt County Sheriff’s Office arrived on scene after the arrest. Salazar was transported to a local hospital for medical clearance, prior to being transported to the Humboldt County Correctional Facility in Eureka. Salazar was cleared by the hospital with no serious injury due to being struck with the baton.

Salazar was then booked into the Humboldt County Correctional Facility for the Armed Robbery of the Orick Market. Salazar’s bail was set at $60,000 dollars.
____________________________________________________________________________________
On Saturday, 02/13/16 at approx. 1818 hrs., an employee from the Orick Market phoned 911 to report a robbery just occurred.  The employee reported a male subject entered the market wearing a camouflage mask, stated he had a gun and demanded money and property.  The subject then fled the scene with an undisclosed amount of cash in a white, 1999 or later Mitsubishi Eclipse.

The suspect is described as a Native American male adult, 30-40 years old with a light complexion and last seen wearing a camouflage jacket.  The subject is believed to be approx. 5’08”-5’10” tall, with a “swollen face”, possibly having contracted Poison Oak.

Vehicle was last seen headed Northbound on Hwy. 101 and had possibly taken Bald Hills road.