May 7, 2016

Call law enforcement if you see this Suzuki Grand Vitara

Facebook post:

"Need your help!
My sisters car was just stolen off E St in Eureka about an hour ago! (Personal info removed for this post)
It's a light blue 2006 Suzuki Grand Vitara. Has California license plates. 5SDM459"


Call law enforcement if you see this car.

$600,000 bail for Willits man arrested for alleged assault and criminal threats

On 05-01-2016 at approximately 8:50 PM, Deputies from the Mendocino County Sheriff's Office were dispatched to a possible assault in the 6000 block of Big John Road in Willits, California.

Upon arrival the Deputies learned a 64 year-old male and Brett Raymond Cooper had been in a dispute over property for several years.

On 05-01-2016 at approximately 4:00 PM, Cooper arrived at the 64 year-old male's home armed with a 12-gauge shotgun. Cooper threatened to kill the 64 year-old male and then discharged a round through a window near where the 64 year-old male was sitting. Cooper then held the 64 year-old male at gunpoint and forced him to lay face down on a bed.  Copper held the gun to the 64 year-old male's head and threatened to kill him before discharging a round into the bedroom wall.

Cooper forced the 64 year-old male to open his gun safe, taking two shotguns and two handguns with him before leaving the home. After Cooper drove away, the 64 year-old male went to a nearby residence and called law enforcement.

Cooper was subsequently arrested for kidnapping, reckless discharge of a firearm, assault with a deadly weapon and criminal threats.

Cooper was booked into the Mendocino County Jail where he was to be held in lieu of $600,000.00 bail.

KutThroat Barber Lounge closed as of today, a real loss to the community





Very sad. The community is losing the only real barber we have and a guy who has helped many.

The reasons are on his Facebook page.

Rob was not just my barber, he was a client and someone who had become a friend.

He built this business in a few months on his skill, word of mouth.

Best of luck to you Rob. I hope you can stay here and be in business on your own.


Humboldt County Sheriff Mike Downey chosen as Republican of the Year

Humboldt County Sheriff Mike Downey has been chosen as Republican of the Year for 2016 and will be honored on May 21 at the annual dinner hosted by the local Republican group.


Humboldt County Republican Women President Annette De Modena said, "We chose Mike Downey for Republican of the Year because he exemplifies the philosophy long held by the Republican Party.  His work ethic is exemplary, as has been his service to the County in the various positions he has held.  Mike Downey believes in defending the entire Constitution and has often spoken regarding the Second Amendment and its history.  Because of this and more, Sheriff Mike Downey was the obvious choice for 2016's nomination of Republican of the Year."

We're having it at Baywood because we were looking for a venue that would more accommodate the travel needs of the people north of us.  Jim Brulte, State Chair, and retired state senator, is our speaker. "

What the GOP elite knows and chooses to ignore; same with the Democrats

Mitt Romney has tried and lost how many times?

Romney, the Bushes, these are the establishment GOP elite that have no clue how their base feels.

Same can be said of the Democratic party. Bernie Sanders may be defeated by the Democratic machine but the same op Ed could be written about him.

I do not agree with Bernie's economic and political views but he represents the democratic base today more than Hillary.

Trump's over the top comments are being represented by the media  to make him appear racist and sexist.

The media sold out a long time ago. Voters of both parties should switch to being independent, no paty, decline to state if their choice is ursurped by the establishment elite.

http://mobile.nytimes.com/2016/03/28/us/politics/donald-trump-republican-voters.html?referer=

Excerpt 1:
The Republican Party is being dramatically transformed,” said Foster Friess, a Wyoming investor and philanthropist who is among the party’s most significant donors. Republicans and Democrats alike, Mr. Friess said, had neglected “the people who truly make our country work — the truck drivers, farmers, welders, hospitality workers.”

Excerpt 2:

“They have to come to terms with what they created,” said Laura Ingraham, a conservative activist and talk-radio host. “They’ll talk about everything except the fact that their policies are unpopular.”



Five days before his preliminary hearing, Joshua Keyes requests a Marsden hearing

Joshua Keyes requested a Marsden hearing on May 6, five days before his preliminary hearing. Conflict Counsel is representing him.

At 11 a.m. Judge Hinrichs closed the courtroom for this hearing. Keyes' Marsden motion was denied. His preliminary hearing  remains scheduled for May 11.



May 4, 2016


Preliminary hearing for Joshua Keyes, the man arrested while gambling at the casino, continued until May 11

A preliminary hearing  scheduled for Joshua Keyes on April 28 was continued until May 11..

Mar 5, 2016


With his bail now up another $25,000 and charges in another case, Joshua Keyes whispers, "I pick you. I love you" to a woman in court

Joshua Keyes, who had just been arraigned on Thursday, was back in Courtroom 5, again on Thursday. While waiting for his case to be called, he kept glancing in the direction I was sitting, making goofy faces and smiling once or twice.

Keyes was arraigned for another case. Two felonies and one misdemeanor were alleged in the complaint. Bail was set at $25,000.

Count 1, first degree residential burglary, with five special allegations that he failed to remain free from custody from the required time; one other special allegation that he had a prior conviction of a serious and violent felony; Count 2 possession of firearm by a felon with same special allegations; Count 3 was a misdemeanor, possession of a controlled substance.

Dates were set on a no time waiver basis. This time Mr. Owen Tipps asked for a date for confirmation of counsel which will be March 8 at 2 p.m. Intervention March 10. Preliminary hearing March 17.

Just as I thought, he was off his rocker, his behavior finally made sense when he left the courtroom.
He whispered to a woman sitting behind me, "I pick you. I love you."

Mar 3, 2016


Joshua Keyes, the man gambling at casino arrested yesterday had previous felony warrant for concentrated marijuana possession; arraigned today

Joshua Keyes was arraigned on a felony, petition to revoke his post release community supervision, in Courtroom 5 this afternoon. Deputy District Attorney David Christensen was present for the People. The Public Defender's office was appointed to represent Keyes.

Intervention is on March 11. Hearing is on March 16.





HCSO Press Release:

On Wednesday, March 2, 2016 at about 7:30 p.m. Humboldt County Sheriff’s Deputies responded to the Cher-ae Heights Casino for a report of wanted person, 34 year old Joshua Reed Keyes. Keyes was said to be gambling at the casino. Keyes is wanted for armed robbery and a felony parole warrant. Deputies arrived on scene and located Keyes. Keyes initially attempted to pull away from deputies to flee. Deputies were able to apprehend Keyes and handcuffed him without further protests. Neither Keyes nor deputies were injured during the arrest.
Deputies located 9 grams of suspected methamphetamine on Keyes’ person. A silver jaguar was later located in the parking lot by deputies. The keys to the silver jaguar were located in Keyes’ possession.
Keyes was taken to the Humboldt County Correctional Facility where he was booked for robbery and his felony parole warrant. He is not eligible for bail.

Previous (2/19/16):
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.
Arcata Police Dept. Press Release:


On 8/12/2013 at about 8:45pm, an officer with the Arcata Police Department conducted a traffic enforcement stop in the 500 block of K Street.

The driver of the vehicle, identified as McKinleyville resident Joshua Reid Keyes (age 31), was taken into custody for an outstanding felony warrant for the possession of concentrated cannabis.   A search of Keyes’ vehicle and it’s occupants, which included two subject’s on probation for drug related offenses, yielded five pounds of marijuana packaged into separate one pound increments.


Keyes was transported to the Humboldt County Correctional Facility where he was booked for H&S 11360 - Transportation of marijuana and H&S 11359 - Possession for sales of marijuana.

Second jury trial for man charged with five counts of sexual offenses against a minor delayed; he posted bail which was for $400,000

John Bullwinkel's attorney, Mr. Russ Clanton is currently in jury trial for the Jonas Semore case. He has at least a couple other trials pending that had to be rescheduled. One of those was the John Bullwinkel trial.

There is a date for setting on June 13 at 2 p.m.

Feb 1, 2016

Second jury trial set for John Bullwinkel charged with 5 counts against minor victims, Judge Cissna denied defense motion to reduce the $400,000 bail

John Bullwinkel was out of custody before his first jury trial. He remains out of custody. His bail was set at $400,000.

Today, at 4 p.m. there was a hearing before Judge Timothy Cissna on a motion filed by Bullwinkel's attorney, Mr. Russ Clanton, to reduce bail. Today, was also a disposition and reset hearing for the second jury trial.

After hearing from Mr. Clanton and then Deputy District Attorney Brie Bennett on the motion to reduce bail, Judge Cissna denied the defense motion to reduce bail. Bullwinkel waived time and due to Mr. Clanton being in several upcoming jury trials, the second jury trial is set for May 9 at 8:30 a.m., Trial Confirmation is April 25 at 2 p.m.

Judge Cissna asked Ms. Bennett if the victims had been notified regarding today's motion for bail reduction. She said they had been through victim witness advocates.

"People oppose the bail reduction," said Ms. Bennett. "The defendant still faces five counts. " Ms. Bennett then listed each count and the amount for that count according to the bail schedule. She also said that the special allegations for each count were "life counts."

Referring to the testimony of Jane Doe #1 that Mr. Clanton referred to in his argument, Ms. Bennett said, "this is an incident involving a young child. Few years have passed before the trial took place. Her memory was clearer when she did the CAST interview."

Before he ruled, Judge Cissna said that the amounts Ms. Bennett were correct. He said the bail schedule does address when the defendant is charged with two or more offenses, but since he was not the trial judge, "whether this occurred in a single incident or multiple incidents" he did not know. The 667.61 (j) (2) allegations are life sentences and each allegation would increase bail to 1 million for each count.

"When I look at the offenses charged, the bail schedule is in excess of $400,000 and this does not even include the million for life sentences," said Judge Cissna. The People did not ask for an increase in bail, there is only a defense motion to decrease bail." And then he denied the defense motion.


Jan 15, 2016

Jury "hoplessly deadlocked" in John Bullwinkel case on 5 counts; mistrial declared; not guilty decision on Count 7

Wednesday at 11:30, the jury started deliberating in the John Bullwinkel case. They just came back with a verdict.

The jury was "hopelessly deadlocked" on Counts 1 through 5. Judge Miles declared a mistrial on those 5 counts.

Count 7 they found Bullwinkel not guilty, including on all lesser charges.

Count 6 was dismissed on January 11, 2016.

Seven women, five men in the jury. The jury took at least three votes, said the jury foreperson.

On Counts 1, 2 and 3, eight guilty, four not guilty; Counts 4 and 5 five guilty and seven not guilty.

Prosecutor was Deputy District Attorney Brie Bennett. Bullwinkle was represented by Mr. Russ Clanton. Defense investigator was Adam Laird.

Jan 11, 2016


54 year old man charged with 7 counts of sexual offenses against minor victims including aggravated sexual assault, if convicted faces 25 years to life

John Frederick Bullwinkel, 54 years old is charged with seven counts of sexual offenses against a minor. His jury trial is currently ongoing . Trial Judge is Judge Marilyn Miles; prosecutor is Deputy District Attorney Brie Bennett; Bullwinkle is represented by private attorney Russ Clanton.

The special allegations in the complaint allege that there is more than one victim.

Mr. Clanton also represents Kailan Meserve and Timothy Littlefield, Jr., whose jury trials are upcoming.

Bullwinkel is charged with Count 1 aggravated sexual assault of a child, with special allegation of PC 667.61 (j) (2) and (e) and 667.61 (c); Count 2 Forcible Lewd Act on a Child, same special allegation; Count 3 Prevent/Dissuade/Witness/Victim/Force/Threat; Count 4 Lewd or Lascivious act with child under the age of 14, same special allegation; Count 5, 6 and 7 Forcible Lewd Act on a Child, same special allegation.


Details on special allegation for the counts above:

(a) Except as provided in subdivision (j), (l), or (m), any person who is convicted of an offense specified in subdivision (c) under one or more of the circumstances specified in subdivision (d) or under two or more of the circumstances specified in subdivision (e) shall be punished by imprisonment in the state prison for 25 years to life.
(b) Except as provided in subdivision (a), (j), (l), or (m), any person who is convicted of an offense specified in subdivision (c) under one of the circumstances specified in subdivision (e) shall be punished by imprisonment in the state prison for 15 years to life.
(c) This section shall apply to any of the following offenses:
(1) Rape, in violation of paragraph (2) or (6) of subdivision (a) of Section 261.
(2) Spousal rape, in violation of paragraph (1) or (4) of subdivision (a) of Section 262.
(3) Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1.
(4) Lewd or lascivious act, in violation of subdivision (b) of Section 288.
(5) Sexual penetration, in violation of subdivision (a) of Section 289.
(6) Sodomy, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d), of Section 286.
(7) Oral copulation, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d), of Section 288a.
(8) Lewd or lascivious act, in violation of subdivision (a) of Section 288.
(9) Continuous sexual abuse of a child, in violation of Section 288.5.
(d) The following circumstances shall apply to the offenses specified in subdivision (c):
(1) The defendant has been previously convicted of an offense specified in subdivision (c), including an offense committed in another jurisdiction that includes all of the elements of an offense specified in subdivision (c).
(2) The defendant kidnapped the victim of the present offense and the movement of the victim substantially increased the risk of harm to the victim over and above that level of risk necessarily inherent in the underlying offense in subdivision (c).
(3) The defendant inflicted aggravated mayhem or torture on the victim or another person in the commission of the present offense in violation of Section 205 or 206.
(4) The defendant committed the present offense during the commission of a burglary of the first degree, as defined in subdivision (a) of Section 460, with intent to commit an offense specified in subdivision (c).
(5) The defendant committed the present offense in violation of Section 264.1, subdivision (d) of Section 286, or subdivision (d) of Section 288a, and, in the commission of that offense, any person committed any act described in paragraph (2), (3), or (4) of this subdivision.
(6) The defendant personally inflicted great bodily injury on the victim or another person in the commission of the present offense in violation of Section 12022.53, 12022.7, or 12022.8.
(7) The defendant personally inflicted bodily harm on the victim who was under 14 years of age.
(e) The following circumstances shall apply to the offenses specified in subdivision (c):
(1) Except as provided in paragraph (2) of subdivision (d), the defendant kidnapped the victim of the present offense in violation of Section 207, 209, or 209.5.
(2) Except as provided in paragraph (4) of subdivision (d), the defendant committed the present offense during the commission of a burglary in violation of Section 459.
(3) The defendant personally used a dangerous or deadly weapon or a firearm in the commission of the present offense in violation of Section 12022, 12022.3, 12022.5, or 12022.53.
(4) The defendant has been convicted in the present case or cases of committing an offense specified in subdivision (c) against more than one victim.
(5) The defendant engaged in the tying or binding of the victim or another person in the commission of the present offense.
(6) The defendant administered a controlled substance to the victim in the commission of the present offense in violation of Section 12022.75.
(7) The defendant committed the present offense in violation of Section 264.1, subdivision (d) of Section 286, or subdivision (d) of Section 288a, and, in the commission of that offense, any person committed any act described in paragraph (1), (2), (3), (5), or (6) of this subdivision or paragraph (6) of subdivision (d).
(f) If only the minimum number of circumstances specified in subdivision (d) or (e) that are required for the punishment provided in subdivision (a), (b), (j), (l), or (m) to apply have been pled and proved, that circumstance or those circumstances shall be used as the basis for imposing the term provided in subdivision (a), (b), (j), (l), or (m) whichever is greater, rather than being used to impose the punishment authorized under any other provision of law, unless another provision of law provides for a greater penalty or the punishment under another provision of law can be imposed in addition to the punishment provided by this section.  However, if any additional circumstance or circumstances specified in subdivision (d) or (e) have been pled and proved, the minimum number of circumstances shall be used as the basis for imposing the term provided in subdivision (a), (j), or (l) and any other additional circumstance or circumstances shall be used to impose any punishment or enhancement authorized under any other provision of law.
(g) Notwithstanding Section 1385 or any other provision of law, the court shall not strike any allegation, admission, or finding of any of the circumstances specified in subdivision (d) or (e) for any person who is subject to punishment under this section.
(h) Notwithstanding any other provision of law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, any person who is subject to punishment under this section.
(i) For any offense specified in paragraphs (1) to (7), inclusive, of subdivision (c), or in paragraphs (1) to (6), inclusive, of subdivision (n), the court shall impose a consecutive sentence for each offense that results in a conviction under this section if the crimes involve separate victims or involve the same victim on separate occasions as defined in subdivision (d) of Section 667.6.
(j)(1) Any person who is convicted of an offense specified in subdivision (c), with the exception of a violation of subdivision (a) of Section 288, upon a victim who is a child under 14 years of age under one or more of the circumstances specified in subdivision (d) or under two or more of the circumstances specified in subdivision (e), shall be punished by imprisonment in the state prison for life without the possibility of parole.  Where the person was under 18 years of age at the time of the offense, the person shall be punished by imprisonment in the state prison for 25 years to life.
(2) Any person who is convicted of an offense specified in subdivision (c) under one of the circumstances specified in subdivision (e), upon a victim who is a child under 14 years of age, shall be punished by imprisonment in the state prison for 25 years to life.
(k) As used in this section, “bodily harm” means any substantial physical injury resulting from the use of force that is more than the force necessary to commit an offense specified in subdivision (c).
(l) Any person who is convicted of an offense specified in subdivision (n) under one or more of the circumstances specified in subdivision (d) or under two or more of the circumstances specified in subdivision (e), upon a victim who is a minor 14 years of age or older shall be punished by imprisonment in the state prison for life without the possibility of parole.  If the person who was convicted was under 18 years of age at the time of the offense, he or she shall be punished by imprisonment in the state prison for 25 years to life.
(m) Any person who is convicted of an offense specified in subdivision (n) under one of the circumstances specified in subdivision (e) against a minor 14 years of age or older shall be punished by imprisonment in the state prison for 25 years to life.
(n) Subdivisions (l) and (m) shall apply to any of the following offenses:
(1) Rape, in violation of paragraph (2) of subdivision (a) of Section 261.
(2) Spousal rape, in violation of paragraph (1) of subdivision (a) of Section 262.
(3) Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1.
(4) Sexual penetration, in violation of paragraph (1) of subdivision (a) of Section 289.
(5) Sodomy, in violation of paragraph (2) of subdivision (c) of Section 286, or in violation of subdivision (d) of Section 286.
(6) Oral copulation, in violation of paragraph (2) of subdivision (c) of Section 288a, or in violation of subdivision (d) of Section 288a.
(o) The penalties provided in this section shall apply only if the existence of any circumstance specified in subdivision (d) or (e) is alleged in the accusatory pleading pursuant to this section, and is either admitted by the defendant in open court or found to be true by the trier of fact.

A shout out to Redwood Pals who quietly helped Palco Marsh residents with their pets, including helping with the move

A local resident wanted to give a shout-out to Redwood Pals Rescue.




The tipster said that this is a three person outfit and a small network of volunteers that works with the Humboldt County Animal Shelter. "One of the outreach services they provided was, going down to Devil's Playground and vaccinating people's dogs, and encouraging people who were receptive to have the dogs spayed or neutered (at no cost). They also helped people get out of the marsh with their animals during this last push to clear the marsh. No grand-standing, no obstruction, just a bunch of long days in a very dispiriting atmosphere. Jim, Jeanne, and Mara are the kind of people every community should be blessed to have, and I guess I just wanted to let you know that there were some activists down there, quietly doing good for all of us."

http://redwoodpalsrescue.org/site/

From their site:

Redwood Pals Rescue is an all-volunteer organization dedicated to support rescue and adoption efforts of animals that are at risk in the Humboldt County Animal Shelter in addition to working to improve the quality of their lives....We pay to take the rescue and shelter dogs to much-needed training each week, pay for boarding when we have more dogs that need rescuing than we have space in foster homes, pay the balance on spay and neutering when the grants run out, pay medical costs for our rescue dogs, pay for food when our generous foster families are tapped out, pay for leashes and treats when the shelter runs low and all the miscellaneous items that give our rescue and shelter animals a better life.







May 6, 2016

Support the Jefferson Art Project, local artists including Duane Flatmo, and check out the new "Avalon"

A fundraiser to benefit the Jefferson Art Project has been going on since 10 a.m. today with a reception from 5 to 6 p.m. featuring foods and drinks. Beverly Wolfe is bartending tonight until 8.p.m.

You get another chance tomorrow from 10 a.m to 9 p.m.

Silent art auction with prices as low as $5, at 3rd and G, where the new Avalon will be opening this summer. Some of the participating artists included Patricia Sennott, Alan Sanborn and Duane Flatmo.





May 5, 2016

No show when it came time to help but James Decker and his cohorts do know how to disrespect

http://www.times-standard.com/general-news/20160505/eureka-police-chief-responds-to-council-meeting-jeers

Not everyone reads the Times Standard, subscription or online, so I wanted to link this article.

All James Decker and his cohort troublemakers like Verbena do is hurl vitriol at Chief Mills, me, and others.

They incite, they disrespect, some comment anonymously like cowards and even the minimum wage working folk in Old Town cannot stand James Decker.

No help for those at Palco Marsh. Was James Decker there helping anyone move, let alone assist in housing. Or Verbena? Or Janelle?

Even on the LOCO threads, the tide has turned against such hypocrites, yet those in denial keep defending their tactics.

Many of these people hate simply because someone is Christian or has a different political view than them. My favorite comment on LOCO was a guy who was houseless who exposed these so called "advocates" and praised Betty Chinn and St. Vincent and the Rescue Mission.

With free speech, comes responsibility, not just yelling and being disrespectful. Even worse than the drug addicts and thieves are people like James Decker.

If the rumors that Kim Starr aka Verbena has a trust fund are true, house someone Verbena, instead of inciting problems and telling others what to do or think. Even if you don't have a trust fund Verbena, do something positive instead of just you and James Decker blabbing your incoherent, imaginary views of people and Humboldt.

Those who polarize this community are the problem; not the rich, not the genuinely homeless and not addicts trying to change.

Some of the  media also needs to be accountable for giving 15 minutes of fame, constantly, to these losers. Public needs to stop supporting such media and tell them to get back to doing their job, which is providing public, accurate information.

Good for TS for doing this article, good for LOCO commenters who see through the charade.

Taking our town back also means civility, truth not innuendoes in anonymous comments or public, and having our law enforcement not put up with verbal abuse and harassment.


Beverly is back in Eureka! Coming soon to Old Town near you, the new improved...

Avalon lovers, good news. Third and G in Eureka has just not been the same without the fabulous Beverly Wolfe.

Third and G streets, same location, in summer 2016 will feature the new, improved, for now still calling it, Avalon.

The new name is not being revealed, yet.


New DUI defense in CA; officer you are being "culturally insenstive" conducting this DUI!

Now we can have a new DUI defense in California.

"Your honor, the officer violated my constitutional right to cultural celebration."

http://latino.foxnews.com/latino/news/2016/05/05/oakland-calif-police-cancel-cinco-de-mayo-dui-checkpoints-after-outcry/

Only in PC California. Why do the police need to issue an apology for "cultural insensitivity" for doing their job?

Stupid, dangerous to others but as long as we are being politically correct, let those who break the law be in charge.

Lumberjack did the best and most balanced coverage of May 2 at the Palco Marsh

http://thelumberjack.org/2016/05/05/homeless-campers-evicted-from-palco-marsh/

The Lumberjack has the most balanced coverage and it is my favorite coverage from the local media regarding May 2 at the Palco Marsh.

155,000 in cash plus meth and heroin and several arrests in multi law enforcement bust




On May 5, 2016 the Humboldt County Drug Task Force with assistance from the Humboldt County Sheriff’s Office, Siskyou County Unified Major Investigations Team, Mendocino County Major Crimes Task Force, California Department of Corrections and Rehabilitation, California Highway Patrol Warrant Service Team and the Drug Enforcement Administration served seven Humboldt County Superior Court search warrants.
The search warrants were related to an ongoing investigation into a narcotics trafficking and distribution operation being conducted in the Scotia, Rio Dell and Fortuna areas. As a result of the warrants approximately three pounds of methamphetamine and one pound of heroin were seized. Along with this was evidence of sales including scales, packaging material and prepackaged narcotics. Additionally, Agents seized over $155,000 in U.S. currency as proceeds of narcotics sales and a .38 caliber semi-automatic pistol.
Four individuals were arrested in connection with this investigation. 
33 year old Jose Miguel Cabrera Miranda was arrested and booked for possession of a controlled substance, possession of a controlled substance for sale and maintaining a residence for the purposes of distributing controlled substances.
39 year old Adriana Rodriguez Sanchez was arrested and booked for criminal conspiracy, possession of a controlled substance for sale and possession of a narcotic for sale.
30 year old Juan Carlos Cabrera was arrested and booked for criminal conspiracy, possession of a controlled substance for sale and possession of a narcotic for sale.
21 year old David Miranda Cruz was arrested and booked for possession of a controlled substance, possession of a controlled substance for sale, criminal conspiracy and maintaining a residence for the purposes of distributing a controlled substance.
While Agents were conducting their investigation at a residence in the 300 block of Dixie Street in Rio Dell another subject approached the residence on foot. He was identified as 33 year old Luis Alberto Rodriguez Sanchez and the Agents learned he had a felony warrant for his arrest. He was arrested and booked for his warrant.
This investigation is ongoing and future arrest are anticipated. Anyone with information related to this investigation or other narcotics related crimes are encouraged to call the Humboldt County Drug Task Force at 707-444-8095 or the Humboldt County Sheriff’s Office Tip Line at 707-268-2539.

Suspicious man in Mckinleyville ends up being arrested for being armed and dangerous

On Wednesday, May 4, 2016, at about 10:50 a.m., the Humboldt County Sheriff’s Office received a report of a suspicious person in the area of the 700 block of Kelly Ave in McKinleyville. Upon arrival, deputies met with 27 year old Todd Allen Lindgren. Deputies conducted a records check through the Sheriff’s Office Emergency Communications Center which revealed Lindgren was considered armed and dangerous. Deputies attempted to detain Lindgren in handcuffs and encountered resistance. After a short struggle, deputies were able to detain Lindgren after taking him to the ground as he attempted to flee.
Deputies searched Lindgren’s vehicle which was parked nearby and located a loaded pistol grip shotgun.
Lindgren was taken to the Humboldt County Correctional Facility where he was booked for resisting arrest, carrying a loaded firearm, and for violation of a court order not allowing him to possess a firearm. His bail was set at $25,000.



Bollywood moves, temporarily no chicken tikka masala for you!

Ten days ago, panic almost set in because the phone line at Bollywood Indian cuisine was disconnected. My fears were further confirmed when no curry and ginger smells permeated the block on Fifth and G in Eureka.

A foggy cold Humboldt day and no chicken tikka masala!

The door was closed. No information. Where would Eurekans who craved dishes like baigan bhartha and lamb vindaloo cooked with minimum oil and options for gluten free Indian cuisine go now?

A little sleuth work revealed Bollywood is closed at the Fifth and G location but they are relocating. A note to that effect was put up a few days ago, confirming this development. One of the new rumored locations is Fifth and I in Eureka.




While in custody serving a sentence, Brett Hansen racks up another charge of alleged assault and battery

Remember Brett Hansen. He was to be arraigned May 3 for a new charge, a misdemeanor, which was continued to May 4 because his attorney Mr. David Celli was not available.

While he is in Humboldt County Jail, currently serving a sentence, he is alleged to have committed assault and battery on Nathaniel Roye on April 28.

Bail for this case was set at $5,000.

Mar 24, 2016

Brett Hansen swaggers into court for his sentencing, almost blows his plea deal

Brett Hansen was sentenced this afternoon by Visiting Judge Johnson. 

The Judge refused to release Hansen today and ordered that he serve jail time until he could be accepted into an in patient treatment program.

That is what probation had recommended. His credits for time served were applied to his misdemeanor case.

His mother and 8 year old daughter were in court. Hansen just sat there mouthing the answers required with no remorse or seriousness or gratitude for the plea and the nth chance he was given.

He almost blew his plea deal by not wanting treatment. Mr. David Celli, who represents him, talked with him and explained that the Judge would reject the plea deal without the treatment condition and Hansen, then making a face, answered he would agree.

Treatment was a request made by his family and his mother, the victim in this case, and a short statement expressing her agony at finally calling the police after years of being afraid and dealing with her son and his heroin addiction was read in court by Victim Witness Advocate Marybeth Bian.




Mar 1, 2016


Remember Brett Hansen, most recently arrested after an EPD standoff, he plead out

Remember Brett Hansen, most recently in the crime headlines for an EPD standoff?

He had an intervention scheduled, pleaded guilty in 2 cases, in one cases had certain counts dismissed with a Harvey waiver and had a two probation revocation cases resolved in a plea deal.

Details of plea and sentencing date for DDA David Christensen:

"He pled guilty to Evading the Police w/Reckless Driving and Possession of a Firearm (both felonies); a misdemeanor assault in the jail; and admitted his misdemeanor violations of probation.  We agreed to recommend felony supervised probation, drug treatment, and a protective order for the alleged victims.

The sentencing has been scheduled for March 24th @ 4:00."


Jan 14, 2016


$10,000 bail set in new case against Brett Hansen for alleged assault and battery while in custody

Bret Hansen arraigned on new misdemeanor charges of assault and battery  this afternoon. Hansen is in custody and this allegedly happened in jail. Alleged victim is David Eric Hipes.

$10,000 bail set for this case. January 20 s Hansen has a preliminary hearing scheduled. Jury trial is February 8 at 8:30.

He was to be arraigned in Courtroom 5 but Judge Dale Reiholtsen who is filling in for Judge Hinrichs was disqualified so the case was sent over toJudge Miles in Courtroom 2 .

Conflict Counsel could not represent Hansen anymore because they are representing a co-defendant. Public Defender could not either. So, private attorney David Celli from Russ Clanton's law office was appointed for him and Alternate Conflict Counsel was appointed for his codefendant.

Jan 6, 2016


$60,000 bail set for Brett Hansen who was arrested New Year's day in EPD standoff

He was arraigned today for the October 20, 2015 incident and the New Year's incident and three petitions to revoke probation in previous cases.

In the October 20, 2015 incident, Hansen is charged with three counts: evading a police officer, obstructing/delaying a police officer and driving with a suspended license.

In the New Year's incident, there are 6 counts: second degree robbery, unlawfully taking/driving a vehicle, felon in possession of a firearm, manufacturing a short barreled gun, obstructing/delaying a police officer and driving with a suspended license.

There is an OR/Bail hearing scheduled for January 7; and preliminary hearing on January 20 at 8:30 a.m.

Jan 1, 2016

More photos from the scene of the Broadway standoff and arrest

These photos were taken at the EPD standoff and arrest by Steve Payton for this site.





Brett Hansen (below) and a female suspect yet to be identified. This just confirmed by a source who was at the scene.


On October 20, 2015 according to CHP watch and other media reports, Hansen allegedly led police on a high speed chase, then crashing his car on Kelly Avenue in McKinleyville and fleeing the scene.



Hansen has a lengthy rap sheet going back to 2000, been arrested at least 15 times.



According to EPD's Captain Steve Watson's twitter account, Hansen will face an additional charge of a felon in possession of a firearm. Under California law, this is a wobbler and can be charged as a misdemeanor or felony. Criminal history is one factor taken into consideration. The car Hansen allegedly stole was an Acura.




North Coast News just reported the 23 year old as Halli Pole.

On facebook, there is a woman with that name and the same age, 23, as reported in several media accounts, according to her facebook page, she is from Hoopa. And according to facebook, in a relationship with Canyon Hodge.

EPD Press Release:

On 2/24/13, at about 4:19 PM, officers with the Eureka Police Department (EPD) were dispatched to the 2800 block of ‘F’ Street on the report of a suspicious male in a vehicle. A witness reported a male subject had been sitting inside a parked vehicle for the past half hour. The male was reported to be “making strange movements” and he appeared to be falling asleep or passing out. Per the witness, a roll of cash was also visible in his lap.

An officer arrived on scene a short time later and approached the male, who was seated in the driver’s seat of a 4-door Nissan Maxima parked on the street in front of a business. The officer observed that the male, later identified as Canyon Hodge (no middle name), was slumped over and appeared to be asleep. The officer also saw what appeared to be a large baggy of tar heroin in Hodge’s lap and a big roll of cash next to him on the passenger seat. The officer recognized Hodge and knew he had a felony warrant for his arrest.

The officer roused Hodge with some difficulty and took him into custody on his warrant. During a subsequent search of Hodge and his vehicle, the officer located approximately 43 grams of tar heroin (1 ½ ounces), 3 1/2 grams of crystal methamphetamine (1/8th ounce), a small quantity of processed marijuana, a digital gram scale, written records indicating recent heroin sales activity, $3,042.00 cash, and drug use paraphernalia (hence “Mr. Sleepy,” who appeared to be heavily under the influence of heroin and nodding off due to his partaking liberally of his own product).

The cash was seized as suspected illicit drug sales proceeds to be turned over to the Humboldt County Drug Task Force for future asset forfeiture proceedings.

In addition to his warrant (alleging possession of a controlled substance), Hodge was arrested for possession and transportation of a controlled substance for sale, possession of drug paraphernalia, and parole violation. He was transported to the Humboldt County Correctional facility for booking. Hodge’s vehicle was also towed from the scene


"We are not even together no more" says alleged domestic violence suspect





On May 3, William Arthur Basteyns was arraigned in Courtroom 5. Judge Joyce Hinrichs kept the bail set at $50,000. Deputy District Attorney David Christiansen was present in court for the araignment. Conflict Counsel's Mr. Marek Reavis was appointed to represent Basteyns.

There was no criminal protective served on Basteyn's that afternoon.

Before Mr. Reavis entered pleas of not guilty for Basteyns and said time was not waived; Basteyn was upset in court and he said to Mr. Reavis, "We are not even together no more." Mr. Reavis explained the court hearing to him calmly and managed to get Basteyns quiet.

An OR/Bail hearing and a referral for supervised release was scheduled for May 4; Intervention hearing is on May 11 and the Preliminary hearing is scheduled for May 15.


HCSO Press Release:

On Thursday, April 28, 2016 at about 10:45 p.m., Humboldt County Deputy Sheriffs responded to Hufford Rd in Orick for a possible arson.

Upon arrival, deputies met with a 43 year old female victim. The victim stated 38 year old Erin Renee Jones-Martin attempted to set her trailer on fire. Deputies observed a pile of charred garbage and smoke damage under the front part of the trailer.

Deputies searched the area for Jones-Martin and located her in the area of Dryden’s Rd, Orick. Jones-Martin was with her boyfriend, 42 year old William Arthur Basteyns. Jones-Martin had evidence connected to starting the fire at the trailer, and had multiple visible injuries consistent with domestic violence. Jones –Martin told deputies she thought Basteyns was cheating on her with the victim. Jones-Martin further alleged Basteyns assaulted her and forced her into a vehicle and ordered her to take him to his property he thought Jones-Martin had removed from their shared residence.


Basteyns and Jones-Martin were arrested and taken to the Humboldt County Correctional Facility. Basteyns was booked for domestic violence and false imprisonment. His bail was set at $50,000. Jones-Martin was booked for arson to an inhabited structure. Her bail was set at $250,000.


May 4, 2016

Got to be at least 21 to purchase tobacco in California

Today Governor Jerry Brown signed SB2X-7 raising the minimum age to purchase tobacco to 21 for the nearly 40 million people living in California.

Assemblyman Wood said, “Getting to this point feels like reaching the finish line of a long quest in California, but it is just the beginning for the country.  We have kicked this door down for our colleagues in other states to follow. The wave in Hawaii has turned into a tsunami in California, and I think it won’t be long before we see it roll all the way to Washington D.C.  As the largest state in the country California’s courage on this issue should lead the way for other states to step up to the challenge. The Governor and my colleagues deserve tremendous credit for displaying the courage it took to do the right thing.”

Senate Bill (SB) 2X-7 is part of the Second Extraordinary Session called by the Governor in June 2015 and represents a merger of Assemblyman Jim Wood’s (D-Healdsburg) Assembly Bill (AB) 2X-8 and Senator Ed HernĂ¡ndez’s (D-West Covina) SB2X-7.  Assemblyman Wood is the principle co-author of the bill.

Assemblymember Wood served as Mayor when the City of Healdsburg became the first city in the state to pass a ban on the sale of tobacco products to anyone under 21 years old.

“It is incredible to see something I worked on in a small town in northern California turn into such a huge public health victory and something that will benefit the whole state.  Finally, after decades of stagnation, we have passed the most significant tobacco reform legislation in 50 years in California.  This policy will prevent countless young people from becoming addicted to a substance that has claimed the lives of millions of their ancestors,” said Assemblyman Wood.

Garberville staffing has increased due to Measure Z funding, So hum's most wanted nabbed in today's arrest

On 04-27-2016, at approximately 2:40 p.m., Sheriff Deputies with the Humboldt County Sheriff's Office conducted surveillance on a residence in the 400 block of Par Avenue, Redway.  Deputies were attempting to locate Jason Lloyd East (age 44) who was recently featured on the Southern Humboldt's Most Wanted Poster.  East was wanted for felony warrants that included charges of kidnapping and domestic violence.

Deputies located East driving a vehicle on Redway Drive near Moss Avenue.  East briefly attempted to elude Deputies but surrendered without incident.  East was placed under arrest for his outstanding felony warrants.  The passenger in East's vehicle, Rose Marie Cooper (age 34), who was previously featured on the Southern Humboldt's Most Wanted Poster, was also placed under arrest for outstanding narcotics warrants.  

On 05-04-2016, at approximately 12:00 p.m., Sheriff's Deputies were in the Alderpoint and Rancho Sequoia areas following up on tips regarding outstanding wanted poster fugitive, Chase Lee Ganey (age 24).  An anonymous tip led Deputies to a residence in the 100 block of 6th Street, Alderpoint.  Deputies were able to locate Ganey and took him into custody without incident.  Deputies searched Ganey incident to his arrest and located approximately 2 grams of suspected methamphetamine on his person.  Another Alderpoint resident, Michael Douglas Minnehan (age 54), was also located and placed under arrest for misdemeanor warrants.
   
Thanks in large part to Measure Z funds, staffing of the Sheriff's Office Garberville Station has increased significantly.  Sheriff's Deputies will continue to place a high priority on community led tips and wanted fugitives will be pursued.



Is CALM USA the coalition formed to oppose the recreational marijuana measure on CA's November ballot?

Sacramento Bee reports in an article that there is a coalition opposing recreational use of marijuana on the ballot. No name.

North Coast News did a piece on the same coalition, with similar information, no name.

A search brought up this organization:
http://calmusa.org

Is Calm USA, the one opposing the recreational use of marijuana measure on this November's ballot?

Jury selection complete, due to witness availability, opening statements in Semore jury trial on May 11

Tw men and two alternates were selected as alternate jurors for the Jonas Semore jury trial.

Due to witness availability, opening statements will be on May 11. The trial will not be in session on May 19, May 30 or May 31.

It is expected to conclude by or before June 10.

Data breach on fifth floor of County may have resulted in access to limited confidential information

The County of Humboldt announced today that five computer terminals used by the public in an office on the fifth floor of the county courthouse were misconfigured by a third-party software provider, potentially allowing access to limited confidential information.
On April 4, 2016, the county learned that individuals accessing parcel information in the fifth floor office may have been able to access certain information typically accessible only to county staff. Upon learning this, the county immediately launched an internal investigation and worked with its third-party software provider who maintains the software used on the terminals. The investigation determined that when the county upgraded its property assessment software last year, five computer terminals on the fifth floor of the county courthouse were misconfigured by a third-party software provider to allow access to additional non-public information.
Individuals who viewed parcel information from one of the misconfigured computer terminals may have been able to access confidential information, including the parcel owner’s name and Social Security number. However, access to these computers is monitored by staff and, to date, the county has no evidence that any information has been used improperly or even accessed as a result of this incident. Moreover, the affected computers are not permitted to access the internet and the USB ports are disabled, further limiting the ability for someone to download or email information externally. Still, as precaution, we are posting a website notification with more information. The website notice includes a number to call if an individual believes they may be affected by this incident or if they have any questions.
“Even though there was probably pretty limited exposure here, we take these issues very seriously because we’re dealing with people and their personal information,” said Rex Bohn, First District Supervisor. “Regardless of how few computers could access the information or how likely it was that people even noticed it, the bottom line is this information needs to be protected. That’s our top priority.”
To help prevent a similar incident from reoccurring, we have already taken steps to enhance the security of our public terminals and correct the misconfiguration by our third-party provider. Going forward, we are running checks of our existing publicly accessible software and instituting additional measures to ensure security concerns are addressed on any new or upgraded programs.

Preliminary hearing for Joshua Keyes, the man arrested while gambling at the casino, continued until May 11

A preliminary hearing  scheduled for Joshua Keyes on April 28 was continued until May 11..

Mar 5, 2016


With his bail now up another $25,000 and charges in another case, Joshua Keyes whispers, "I pick you. I love you" to a woman in court

Joshua Keyes, who had just been arraigned on Thursday, was back in Courtroom 5, again on Thursday. While waiting for his case to be called, he kept glancing in the direction I was sitting, making goofy faces and smiling once or twice.

Keyes was arraigned for another case. Two felonies and one misdemeanor were alleged in the complaint. Bail was set at $25,000.

Count 1, first degree residential burglary, with five special allegations that he failed to remain free from custody from the required time; one other special allegation that he had a prior conviction of a serious and violent felony; Count 2 possession of firearm by a felon with same special allegations; Count 3 was a misdemeanor, possession of a controlled substance.

Dates were set on a no time waiver basis. This time Mr. Owen Tipps asked for a date for confirmation of counsel which will be March 8 at 2 p.m. Intervention March 10. Preliminary hearing March 17.

Just as I thought, he was off his rocker, his behavior finally made sense when he left the courtroom.
He whispered to a woman sitting behind me, "I pick you. I love you."

Mar 3, 2016


Joshua Keyes, the man gambling at casino arrested yesterday had previous felony warrant for concentrated marijuana possession; arraigned today

Joshua Keyes was arraigned on a felony, petition to revoke his post release community supervision, in Courtroom 5 this afternoon. Deputy District Attorney David Christensen was present for the People. The Public Defender's office was appointed to represent Keyes.

Intervention is on March 11. Hearing is on March 16.





HCSO Press Release:

On Wednesday, March 2, 2016 at about 7:30 p.m. Humboldt County Sheriff’s Deputies responded to the Cher-ae Heights Casino for a report of wanted person, 34 year old Joshua Reed Keyes. Keyes was said to be gambling at the casino. Keyes is wanted for armed robbery and a felony parole warrant. Deputies arrived on scene and located Keyes. Keyes initially attempted to pull away from deputies to flee. Deputies were able to apprehend Keyes and handcuffed him without further protests. Neither Keyes nor deputies were injured during the arrest.
Deputies located 9 grams of suspected methamphetamine on Keyes’ person. A silver jaguar was later located in the parking lot by deputies. The keys to the silver jaguar were located in Keyes’ possession.
Keyes was taken to the Humboldt County Correctional Facility where he was booked for robbery and his felony parole warrant. He is not eligible for bail.

Previous (2/19/16):
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.
Arcata Police Dept. Press Release:


On 8/12/2013 at about 8:45pm, an officer with the Arcata Police Department conducted a traffic enforcement stop in the 500 block of K Street.

The driver of the vehicle, identified as McKinleyville resident Joshua Reid Keyes (age 31), was taken into custody for an outstanding felony warrant for the possession of concentrated cannabis.   A search of Keyes’ vehicle and it’s occupants, which included two subject’s on probation for drug related offenses, yielded five pounds of marijuana packaged into separate one pound increments.


Keyes was transported to the Humboldt County Correctional Facility where he was booked for H&S 11360 - Transportation of marijuana and H&S 11359 - Possession for sales of marijuana.

Humboldt Hill shooting suspect to be arraigned on May 11; custody status will also be addressed that day

On April 29, District Attorney Maggie Fleming was in court for the People. Mr. David Lee, who represents Brian Swan, was also present. The OR/Bail hearing was continued for the same day as arraignment on information for the jury trial, whuch is May 11.


Apr 28, 2016


Brian Swan release continued until Judge Hinrichs is back

An OR/Bail hearing was scheduled for Brian Swan this afternoon. Visiting Judge Bob McNatt was subbing in today for Judge Joyce Hinrichs. That hearing has been continued until tomorrow, April 29.

Apr 26, 2016


Devil's Playground, Tip Top Club, rape threats; a love triangle, victim claiming he asked to be shot and more at preliminary hearing for Humboldt Hill shooting suspect


HCSO Investigator Greg Musson was the only witness to testify at the preliminary hearing for Brian Swan this morning.

On April 8, 2016, Mr. Musson said he received a call at home, "12 minutes after midnight. I was informed there had been a shooting incident." He called HCSO Detective Todd Fulton to respond at the alleged crime scene, as a second investigator.

The property where the alleged shooting ocurred is on Aspen Way, at the top of the Hill, near the Tip Top Club. When Investigator Musson got to that location, there were other officers present who had initially responded to the call and there were also civilian witnesses.

Investigator Musson was first directed to a female witness, Kirsten Kierney, who he learned later was the mother of 4 year old girl at the house. The child's father is the defendant, He was also directed to another female witness, Charlene Hughes, who was the great grandmother and was holding the child.. The name of the child is not being used in this post due to the age.

After being briefed by Sgt. Sam Williams and Deputy Hill, Investigator Musson took a full statement from Hughes. She said she was asleep and "at approximately 11:30 awoke to a large sound. She thought it was the dogs making a ruckus."

Hughes told Investigator Musson that she heard Swan come down with the child and with a long gun. He told her to call 911 "because he had shot Bob." She called 911.

Investigator Musson then spoke with Kierney, who was "somewhat girlfriend of Swan and also of Robert Babb."

Kierney was not home at the time of the alleged shooting. She saw law enforcement lights on top of the hill and went up to the house. She had been with the alleged victim, Babb earlier that evening.

Kierney told Investigator Musson she was not sure what had happened at the time of the shooting; instead she told him about what happened earlier that evening.

Investigator Musson interviewed Robert Babb aka Robert Waters on April 14 at the ICU Unit at St. Joseph's hospital.

"Mr. Babb said he and Ms. Kierney were in his vehicle in Eureka and they had gotten into an argument. Whether she wanted to be with Swan or Babb. She denied being with Swan. Babb did not believe her. She told Babb, 'why don't you go up to the house' and talk to Swan. Babb said the front door was unlocked. He did not knock and walked into the house. He stepped over a baby gate onto a landing.He saw Swan dozing off on a couch. He told Swan we need to talk about the relationship. Swan responded he did not want to talk and Swan told him to get out of the house. Babb kept saying he wanted to talk. Then Swan went into another room and came back with a shotgun. Swan told him again, to get out."

Investigator Musson said that "Babb told him, 'It was my fault; I told him to shot me and he did."

Deputy Hill told Investigator Musson that he saw "a baseball sized hole and liver hanging out." Investigator Musson said, "there was a lot of blood on the scene where the shooting took place." He said he was "surprised the victim survived."

A Charles Daly brand 12 gauge pump action shotgun was recovered from the alleged crime scene.

On April 9, Investigator Musson interviewed the defendant. "Mr. Swan and his 4 year old daughter were in the living room. She wanted to play on the laptop. Around 11:30, both began to doze off."

The child heard something and said woke up and said "hello. Usually, she would say hello and the name of a person. That made Mr. Swan think it was a stranger."

"Mr. Swan saw Babb standing by the baby gate. He retrieved a knife near the couch and told Babb, 'Get the hell out of here.' Babb said, 'We need to talk.' Mr. Swan said that he responded, 'At this time of the  night, we have nothing to talk about.' Babb said something to the effect of 'What are you going to do? Stab me?' Mr. Swan felt Babb was not taking him seriously so he retrieved the gun from a cabinet and told Babb to leave. Mr. Swan said Babb told him, 'You know I am crazy; you pointing a gun at me? I'm going to do something. ' That's when Mr. Swan shot Babb; he was standing about five feet away and he shot him in the chest." 

Babb fell down, Swan said he took his daughter down and told Hughes to call the "cops. I shot Bob; he's an intruder."

Investigator Musson said that Swan told him that Babb "was not taking him seriously. He felt belittled, at least 3 or 4 times."  After the last time, he asked Babb to leave, Swan told Investigator Musson, "he was a little scared."

Swan did not tell Investigator Musson that Babb had a weapon. He told Investigator Musson that two weeks prior to this incident, a car had been vandalized and he believed Babb did it. Swan said he told Babb "unless you have money, we have nothing to talk about."

Investigator Musson did not get medical records but based on his conversation with Babb and his mother, it was Investigator Musson's understanding that "part of the kidney and liver were removed subsequent to the surgery."

During cross examination, Conflict Counsel's Mr. David Lee, who represents Swan, asked Investigator Musson if Swan had known Babb "years prior." Investigator Musson said Swan did.

Swan told Investigator Musson that Babb had "a history of domestic violence and threats." He also mentioned an alleged domestic violence incident against Kierney. This was confirmed by Kierney and she told Investigator Musson that "her eardrums had been broken."

Kierney also told Musson that Babb had threatened to burn the house down and take her to Devil's playground and that he "would allow his friends to do bad things to her, rape type things."

Babbs had mentioned to Kierney that he had killed people in the past. This is something Swan was aware of. Kierney 

Originally Babb could not "remember a lot", said Investigator Musson. While he was being questioned, Babb told Investigator Musson, "you are starting to piss me off." Investigator Musson responded that he was not clairvoyant and that he was asking Babb to tell him about the incident.

Babb admitted he was asked to leave several times by Swan; Investigator Musson said that Babb told him he advanced at Swan and that is when Swan pulled the trigger. A knife was recovered in the living room.

Hughes told Investigator Musson that Swan was living in the house with her permission. Both Swan and Hughes said the front door was unlocked but a side door may have been unlocked, they could not remember. Kierney said she did not give Babb permission to enter the house; she may have given Babb Swan's cellphone.

Judge Timothy Cissna said that the burden of proof at a preliminary hearing was not the same as it was at a jury trial. He said he looked at CALCRIM jury instruction 3475, right to object to trespassing. Judge Cissn read part of that instruction and defined reasonable force as it is in that instruction. He also looked at 3476, right to personal property as well as 505 self defense.

There was discussion that with Babb having no weapon, was the amount of force used by Swan reasonable. Both attorneys gave their input.

Judge Cissna's final ruling was that there was "sufficient evidence to hold" Swan to the charges at the preliminary hearing.

Apr 26, 2016


Humboldt Hill shooting suspect, Brian Swan, held to answer on all charges after preliminary hearing today


A preliminary hearing was scheduled this morning for Brian Swan.

Yesterday, an intervention hearing was held but his  supervised release report from probation was not in, that was not addressed this morning

Deputy District Attorney David Christiansen is prosecuting the case. Swan is being represented by Conflict Counsel's Mr. David Lee.

After the preliminary hearing, Swan was held to answer on Count 1 and for both special allegations by Judge Timothy Cissna.

Mr. Lee asked Judge Cissna to lower bail for Swan's next court appearance. Judge Cissna denied that request today. He said Judge Hinrichs had set the bail and scheduled an OR/Bail hearing in Courtroom 5 at 2 p.m. on April 28.

Arraignment on information for jury trial is scheduled for May 11 at 2 p.m. in Courtroom 5.

Other than court staff, the Judge, the attorneys and HCSO Investigator Greg Musson, I was the only one in the courtroom.

Apr 21, 2016


Preliminary hearing next week for suspect in alleged Humboldt Hill assault

Brian Swan was arraigned on April 13. He is charged with a felony. Count 1 is assault with a firearm. There are two special allegations: personally using a firearm, a shotgun in the commission and attempted commission of the assault and personally inflicting great bodily injury in the commission of the crime.

The alleged victim is Robert Alan Babb.

Judge Joyce Hinrichs denied OR/Bail on April 15.

An intervention hearing and another OR/Bail hearing is scheduled on April 25 at 3 p.m.

A preliminary hearing is scheduled for April 26.

Deputy District Attorney Roger Rees is prosecuting the case. Conflict Counsel's office has been appointed for Swan.

Apr 9, 2016


Brian Swan arrested in Humboldt Hill for alleged attempted homicide

On Friday, April 8th, 2016, the Humboldt County Sheriff’s Office received a call for service on the 6000 block of Aspen Way, in the Humboldt Hill area of Eureka, Ca.  The caller reported that a male subject had been shot inside the residence.  It was further reported the shooter was still on scene.

Deputies arrived on scene moments later and established a perimeter around the residence.  Deputies attempted to call the suspect out of the residence numerous times.  However, the suspect did not immediately comply with orders to come out.  Deputies continued their efforts, and eventually the suspect exited the residence and was taken into custody.  The suspect was identified as 34 year old, Brian Swan, of Eureka, Ca.

Deputies secured the scene and located a single gunshot victim in the residence.  Medical personnel were staged and brought in immediately after the scene was secured.

The victim was taken to the hospital for medical treatment, and is in critical condition.

The suspect was taken to the Humboldt County Correctional Facility and booked for attempted homicide.

This case is currently being investigated by Humboldt County Sheriff’s Detectives.