Jun 11, 2016

The lawsuit against Trump university contributed $600,000 to Hillary Clinton's campaign?

http://video.foxnews.com/v/4936078357001/herman-cain-breaks-down-trump-clinton-presidential-race/?#sp=show-clips

So, why hasn't most of the lame, leaning left mainstream media reported that the law firm that brought the lawsuit against Trump university contributed $600,000 to Hillary Clinton's campaign?

AB 1300 would give ER doctors flexibility to determine whether 5150 is needed or treatment more beneficial

The bill also needs funding for mental health services to be effective.


http://www.sacbee.com/opinion/op-ed/soapbox/article81180057.html

Excerpt:

It’s a fearful thing to have to go to the emergency room. Unfortunately, when those in a mental health crisis are brought in from the street, there are appalling delays in receiving proper treatment, much to the frustration of ER doctors.
That’s due to a long-obsolete state law that ties the hands of these highly trained physicians, creating a situation that is unfair to all patients in the ER. I’m referring to “5150” holds, named after the section of state law that authorizes an involuntary 72-hour detention for those who are believed to need mental health services to prevent harm to themselves or to others. While the intent of that law is public safety, the reality is that these involuntary holds keep many people with behavioral health conditions from getting timely treatment.

Excerpt 2:

That’s why a broad coalition of groups – including the California chapter of the American College of Emergency Physicians, California Psychiatric Association and California Hospital Association – is collaborating on a legislative solution.
Assembly Bill 1300 by Assemblyman Sebastian Ridley-Thomas, D-Los Angeles, would give ER doctors the authority to determine whether a 72-hour hold is needed – or whether patients would be better served outside the emergency room. The bill faces a critical vote June 8 in the Senate Health Committee.
Modernizing the law would get patients the mental health services they need much more quickly, and would free up the ER to treat other patients who need immediate medical help.




Read more here: http://www.sacbee.com/opinion/op-ed/soapbox/article81180057.html#storylink=cpy




Read more here: http://www.sacbee.com/opinion/op-ed/soapbox/article81180057.html#storylink=cpy


MCW removes graffitti, Mckinleyville Ace Hardware gives a deal on paint

Besides, 90 minute trash mob, being active in watching out for community Mckinleyville Community Watch members are doing doing their part in removing graffiti and tags from the Midtown Trail.and deterring the graffiti/taggings and reporting new tags

Mckinleyville Ace has  paint available under "Midtown Trail" and quarts for touch-ups are around $8.

Mendocino County inmate guilty of sex crimes who escaped Tuesday is in custody

Mendocino County inmate who escaped Tuesday is in custody. Thessalolian Love was found guilty of sex crimes.

http://www.ukiahdailyjournal.com/general-news/20160610/mendocino-county-escapee-found-guilty-of-sex-crimes


Help Idaho law enforcement catch alleged child abuser spotted in Fortuna and his girlfriend in Eureka

http://www.ijreview.com/2016/06/626487-3-kids-vanished-with-alleged-child-predator-reason-why-police-wont-issue-amber-alert-is-sickening/?utm_source=Facebook&utm_medium=Social&utm_content=entry-meta&utm_campaign=Sharing

Jun 10, 2016

Mckinleyville stabbing suspect in custody

That's it for now.

DA files amended charges against Lusk in 2016 case; he is held to answer on all charges which include torture, assault, forcible rape, forcible oral copulation and human trafficking

A preliminary hearing was held on June 9 with amended charges filed against Thomas Lusk. Judge Marilyn Miles held Lusk to answer on all charges; his arraignment on information for jury trial is on June 23, 2016 at 2 p.m.

There are 11 counts in the new amended information.

Count 1 Forcible Rape with three special allegations: 667.61 (a) ; 667.61 (d) (3) and 667. (e) (6)/

Count 2, 3 and 4 Forcible oral copulation with four special allegations: PC 12022.7 (a) and 1192.7 (c) (8); 667.61 (a); 667.61 (d) (3) and 667. (e) (6)

Count 5 Human Trafficking with one special allegation: 236.4 (b)

Count 6 Sexual penetration by a foreign object

Count 7, 8 and 9 Forcible oral copulation

Count 10 Torture

Count 11 Assault by means likely to produce great bodily injury with special allegations PC 12022.7 (a) and 1192.7 (c) (8)



Jane Doe testified and she was able to identify Lusk. Judge Marilyn Miles

Deputy District Attorney Stacey Eads prosecuted the case. Conflict Counsel's Mr. Greg Elvine-Kreis has been appointed to represent Lusk.

May 24, 2016


"She did not want to get hurt. She would give him a BJ and a backrub."



After an hour and half preliminary hearing this morning, Judge Joyce Hinrichs dismissed the 2016 case against Thomas Lusk II.

Deputy District Attorney Stacey Eads submitted the matter to the court after presenting one witness, former HCSO Deputy Bang Cao. At the time of this alleged incident, he was assigned to the Southern Humboldt. Deputy Cao is currently employed with the Marin County Sheriff's office.

Conflict Counsel's Mr. Greg Elvine-Kreis told Judge Hinrichs that "my client has not been IDed in court today. He also said no evidence had been provided regarding Count 1 and asked that the case be dismissed."

 Judge Hinrichs acknowledged that the ID of Lusk was "problematic. The court finds all elements have not been proven by evidence." Lusk was not held to answer to Counts 1 and 2 and the "complaint was dismissed."

 He waived his preliminary hearing for the 2015 case and remains in custody on that case, awaiting jury trial.

On May 11, Lusk, who has been in jail for 314 days, was arraigned for a new case, involving a new victim that came forward.

In this new case, Lusk is charged with two felonies. Count 1 Human trafficking. Count 2 Assault with intent to commit a sex offense. Both counts have special allegations that Lusk has a prior conviction for criminal threats.

On September 19, 2014, Deputy Cao was "dispatched to investigate a possible rape in Miranda."

"When I arrived, a red jeep was parked at the intersection of French Road and Miranda off-ramp. The passenger was Jane Doe and the driver was the reporting party, Ernie Bull."

Asked to describe Jane Doe's demeanor, Deputy Cao said, "she was crying and breathing heavily; she appeared to be in distress. I remember she was trying to put on a pink top while sitting in the vehicle. I believe she was wearing a bra and jeans."

"I asked Jane Doe to step out of the car and walk to my patrol vehicle." By this time he said, Deputy Filipini had arrived to assist him "and she walked Jane Doe to my car."

Deputy Cao spoke to Bull. Bull told Deputy Cao that "he was driving on 101 and near the intersection of Miranda off-ramp and French Road, he observed a female waving him down with a flashlight. Jane Doe got into the vehicle and asked him to call 911." Bull told Deputy Cao that "the female was wearing a bikini bra and appeared to be in distress." Jane Doe told Bull what had happened.

DDA Eads: Did Jane Doe say anything to Mr. Bull while she was in a state of distress."

Deputy Cao: "yes."

DDA Eads: "What did Jane Doe say to Mr. Bull?"

Deputy Cao: "Jane Doe told Ernie Bull a guy was trying to rape her and to call 911. This was told to me by dispatch."

Ms. Eads asked Deputy Cao if he had an opportunity to speak with Jane Doe. He said he did,

"She verbally told me her identity and provided her date of birth. She explained to me that received a text from TJ to come to his house and collect the $200 he owed her."

Jane Doe told Deputy Cao she had met "TJ about a month before" this alleged incident and that "she knew the person as TJ."

Jane oe drove to Lusk's house. "She went into the house and asked him for the money. He avoided the subject about the money" and said the real reason she was there "was to rent a room from him. This caused Jane Doe concern. At this point, she knew TJ was not going to pay her and tried to leave."

"Jane Doe tried to open the door but she could not because there were three locks on the door and no door knob. She explained that TJ tried to punch her in the face while she was trying to unlock the door but she was able to avoid the punch. She pulled out a big knife. She explained TJ grabbed a hammer. TJ brandished the hammer and took the knife away from her. "

"She said that TJ told her that she could not leave and that she needed to have sex with him. Jane Doe grabbed her cellphone and tried to call her boyfriend, (I am not printing the name because it may reveal Jane Doe's identity). TJ took the phone away from her."

DDA Eads: "Did she tell you why she was in fear of her life?"

Deputy Cao: "TJ would kill her."

DDA Eads: "Did Jane Doe tell you that she told TJ something?"

Deputy Cao: "She did not want to get hurt. She would give him a BJ and a backrub. I believe she was offering so she would not get hurt. I don't believe she performed those acts."

DDA Eads: "Did Jane Doe tell you what else she said to TJ?"

Deputy Cao: "Jane Doe told TJ she had drugs in her vehicle and she would give them to him TJ told Jane Doe to take off all her clothes before she went out to the car to get the drugs. She only took off her shirt but not anything else."

"Jane Doe grabbed her purse and went outside to her vehicle with TJ. As she was walking to her vehicle, Jane Doe dropped her purse in the driver door and started looking for her keys to her vehicle and she could not find her keys. TJ went to the passenger side and opened the door while she was continuing to look for her keys. TJ demanded that Jane Doe show him the drugs she had offered him. TJ demanded that she come over to the passenger side to show him where the drugs where."

"As she was walking over, she turned on a flashlight and shined it in the direction of the driveway and took off running down the hill."

"Jane Doe said that she spent approximately an hour at TJ's house". Deputy Cao asked her to describe TJ. "She told me that TJ is about 35-40 years old; tall; Indian male adult, weighed about 300 pounds."

DDA Eads: "Did you ask her if she had any alcohol or had done drugs?"

Deputy Cao: "She told me no but because of the way she was acting, I asked a CHP officer to conduct an evaluation. He told me that she was not on drugs or under the influence of alcohol."

Deputy CAO said he asked the CHP office to evaluate Jane Doe because "she was stressed, crying and her speech was fast."

"From what Jane Doe told me and the location she described, I was in Sohum for a while, so I knew it was Thomas Lusk's house/trailer. I asked her to get in the back of the vehicle." Deputy Filipini, the CHP officer and Deputy Cao drove to where Jane Doe described the location was and she had said her car, a Mazda Miata was in the driveway.  From a former call, Deputy Cao recognized it as Thomas Lusk's house.

When they got there, Deputy Cao investigated and looked at the car. "The driver door was open. There was a purse and items strewn about. Several caps and syringes."

"Deputy Filipini and I went to the house and knocked and announced ourselves. It was dark. The front door did not have a door knob. Two deadbolts in the door.  No one answered."

Deputy Cao photographed the exterior of the house and the car. He then spoke to Jane Doe who said "she wanted to press charges against TJ."

"I told her I would come by with a photo lineup later and assigned her a case number for the incident. Jane Doe got into her car and drove away."

Deputy Cao went and spoke to Lusk's neighbor, (name not printed for privacy reasons). Deputy Cao returned to the Garberville station and looked up Thomas Lusk. "The driver's license descriptor said he was 6 feet 4 inches, 260 pounds, and had his date of birth."

Deputy Cao said he was familiar with the Lusk property from a previous visit with Sgt. Swithenbank and had gone there to look for Thomas Lusk, Sr.  Deputy Cao described two trailers on the property, the house and "a lot of garbage" and items all over the property.

He requested help from the Arcata Police Department to prepare photo lineups and went to pick them up the next day, September 20, 2014. He asked them for two lineups because he was not sure if Jane Doe was describing Lusk Sr. or Lusk Jr.

He could not get in touch with Jane Doe until September 21 and he met her at the Lone Pine motel in Garberville and asked her to speak with him in his patrol car "in private."

He gave her a photo admonishment form, explained it, she read it and signed it. He never mentioned the name Thomas Lusk to Jane Doe. First, he showed her the line up with Lusk, Sr. She did not identify anyone in that line up. Then he showed her the second photo line up with Lusk jr.

"She was immediately able to point him out and said, 'a 100% picture #3. I will never forget his eyes. She circled Lusk's picture and initialed it."

Deputy Cao said that Jane Doe was "calm, very coherent, not the same as the first time I met her. She was very polite."

In court today, when DDA Eads asked Deputy Cao to see if the person identified in the line up was in court, he said it had been a long time and he could not say for sure.

May 19, 2016

Court grants DA motion to dismiss and refile charges against Thomas Lusk now with two victims and two cases including false imprisonment, torture, rape human trafficking and sexual assault

The District Attorney had a motion to amend the information for the 2015 case against Thomas Lusk and they were looking to amends Counts 2,3 and 4. Count 2 Rape by Force, Count 3 Penetration by a Foreign Object, Count 4 Oral copulation with Force/Violence/Duress

This afternoon, the People said they were withdrawing their motion to amend counts in the 2015 case. Instead, they submitted a motion to dismiss the 2015 case and refile the charges and consolidate "with another."

The defense had objected to the DA's motion to amend information in the 2015 case as well as  their motion to dismiss and refile.

Both the prosecution and the defense presented their arguments to Visiting Judge Douglas Mewhinney this afternoon. After hearing both arguments. Visiting Judge Mewhinney said "the Court grants the motion to dismiss over defense objections. The defendant is discharged in this matter."

Since Lusk has been arraigned on the 2016 case, both the People and the defense confirmed the Preliminary hearing for the 2016 case on May 24. Time estimate is two hours.

May 17, 2016


Thomas Lusk charged with torture, rape by force , false imprisonment of female victim who met him at a bus stop gets new charges of human trafficking and sexual assault

The jury trial for Thomas Lusk that was scheduled for May 16, 2015 has been vacated. On May 11, Lusk, who has been in jail for 314 days, was arraigned for a new case, involving a new victim that came forward.

In this new case, Lusk is charged with two felonies. Count 1 Human trafficking. Count 2 Assault with intent to commit a sex offense. Both counts have special allegations that Lusk has a prior conviction for criminal threats.

On 5/19, there is an intervention scheduled for the recent 2016 case and a disposition and reset as well as a motion to amend information in the 2015 case. The jury trial for the 2015 case scheduled for May 16 was vacated. A preliminary hearing for the 2016 case is scheduled for May 24.

May 3, 2016


Trial maybe continued for Miranda man charged with torture, rape by force , false imprisonment of female victim who met him at a bus stop because another alleged victim has come forward

Trial confirmation was scheduled for Thomas Lusk this afternoon. Jury trial is scheduled for May 16. He waived his preliminary hearing on March 8.

Some decision will be hopefully made this Friday at 11 a.m., a special set by Judge Joyce Hinrichs.

Both prosecution and defense attorneys had colleagues substituting for them. Lusk refused to waive time without talking to his attorney.

DA informed defense there was another alleged victim; defense wanted a continuance; DOJ even with a request for expediting won't have DNA results for at least another eight weeks.

Jan 30, 2016


Preliminary hearing continued for Thomas Lusk, Miranda man charged with torture, rape by force , false imprisonment of female victim who met him at a bus stop

Both the intervention hearing and Preliminary hearing for Thomas Lusk were continued and new dates have been scheduled. Intervention is February 25 at 3 p.m. and Preliminary hearing March 8 at 8:30 a.m.


Nov 19, 2015


Preliminary hearing finally set for Thomas Lusk charged with 6 felonies including torture, rape, false imprisonment, oral copulation and has prior conviction of terroristic threats

A preliminary hearing was finally set for Thomas Lusk, who had yet another disposition and rest hearing scheduled for today.

Lusk is charged with six felonies. Count 1 Torture; Count 2 Rape by Force, Count 3 Penetration by a Foreign Object, Count 4 Oral copulation with Force/Violence/Duress, Count 5 Assault likely to produce great bodily injury; Count 6 False Imprisonment and a special allegation of a prior felony conviction, which was of making terroristic threats.

Mr. Greg Elvine-Kreis was present in court today with Lusk. Deputy District Attorney Zachary Curtis is prosecuting the case.

Jul 23, 2015


Preliminary hearing for Thomas Lusk, the Miranda man accused of sexual assault continued

A disposition and reset hearing set for August 13 at 2 p.m. in Courtroom 2. Lusk waived time. DDA Brie Bennett is prosecuting the case. Conflict Counsel's Mr. Marek Reavis is representing Lusk.

Lack of courtrooms is reason for the change.

Lusk's bail was  set at $650,000. 

Jul 9, 2015


Man who was arrested for mistreating a dog in 2011 now charged with alleged sexual assault




HCSO Press Release:

On Monday, 07/06/2015, at about 8:15 PM, a Humboldt County Sheriff’s Office Deputy was dispatched to CA Highway 254 just north of Phillipsville to contact a California Highway Patrol Officer who was standing by with the victim of an alleged sexual assault.

The 31 year old female victim reported that she met Thomas Leonard Lusk Jr., age 34 years, about three days ago near Miranda, CA. She was waiting for the bus to continue her travels. Lusk told her the bus wouldn’t be arriving for several hours and he suggested she wait at his residence. The victim thought this was a good idea and she went with Lusk to his residence in Miranda.

Lusk and the victim were at his residence for several hours conversing. When the victim questioned Lusk about the bus, he became angry and started beating her with his fists and threatened to kill her. Lusk kept the victim captive, by force and fear, in his residence for the next three days where he sexually assaulted her repeatedly. On the third day Lusk left the victim alone and she was able to escape through a bedroom window. She ran to the highway where she encountered a subject in a parked car making a phone call. She jumped in the car, told the subject she had been sexually assaulted, and requested a ride to the hospital. The driver started toward the hospital and encountered the CHP officer who notified the Sheriff’s Office of the assault.

On Wednesday, 07/08/2015, Lusk was arrested at his residence where a search warrant was served. Lusk was arrested and charged with rape through force and violence, sexual battery, oral copulation through force or fear, sexual penetration through force or fear, criminal threats, and false imprisonment.

From Times-Standard article in June 2011:

Humboldt County Sheriff's Office arrested a Miranda man Wednesday night for allegedly firing shots at another man after the man confronted him about mistreating a dog.
Deputies arrested Thomas Leonard Lusk, 29, and booked him into the Humboldt County jail on charges of assault with a deadly weapon, unlawful discharge of a firearm, robbery and vandalism. His bail is set at $100,000.

Deputies received a call around 8 p.m. from a 23-year-old Eureka man who said he was shot at by an unknown person on the side of U.S. Highway 101 near the Miranda Bridge. Deputies and the California Highway Patrol responded.

According to a press release, the man had been parked in the turnout working on his broken-down vehicle when he saw Lusk mistreating a dog. The man said he "verbally confronted" Lusk about the mistreatment, reportedly angering Lusk, who threatened to shoot the victim before riding off on his bicycle.

About five minutes later, Lusk returned on his bicycle carrying what appeared to be a rifle. Lusk reportedly started shooting at the Eureka man, who fled into the bushes and called 911. Law enforcement officers reportedly arrived after Lusk allegedly entered the man's car and began removing items before fleeing into nearby bushes.

The officers ordered Lusk out of the bushes, and he complied.

After deputies informed Lusk he was under arrest, he reportedly began kicking the inside of the patrol car, damaging it. He was transferred to another deputy's patrol car and reportedly damaged the interior of the second 

Want to make $186, 852? See if you qualify to be a judge in the Ninth Circuit

Applications are invited for the position of

UNITED STATES MAGISTRATE JUDGE (FULL-TIME)

For the United States District Court for the Northern District of California
Stationed in San Jose
Magistrate judges in the Northern District are authorized to perform the full range of duties provided for magistrate judges under the applicable statute. In particular, the Court encourages civil litigants to consent to the jurisdiction of magistrate judges for all purposes up to and including bench or jury trial, with appeal to the Ninth Circuit Court of Appeals. The Court sponsors a comprehensive program of judicially-hosted settlement conferences and other forms of alternative dispute resolution in which the magistrate judges play a critical role. In addition to their work on civil cases for which they have obtained the consent of the parties and on settlement conferences, the magistrate judges may handle pretrial case management and motions on cases assigned to the district judges. With respect to criminal cases, the magistrate judges exercise complete jurisdiction over petty offense and misdemeanor cases and handle preliminary proceedings in felony cases.
The current annual salary of the position is $186,852, and is set at the rate of 92% of the salary of a district court judge. The term of office is eight years, subject to reappointment for continuing eight-year terms thereafter. The judicial retirement system provides for vesting of a partial annuity after eight years, and, after 14 years of service, a magistrate judge is entitled to an annuity equal to the salary of the office, payable at age 65. The other benefits of federal employment apply.
To be qualified for appointment, an applicant must:
  1. Be, and have been for at least five years, a member in good standing of the bar of the highest court of a state, the District of Columbia, the Commonwealth of Puerto Rico, the Territory of Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands of the United States, and have been engaged in the active practice of law for a period of at least five years (with some substitutes authorized);
  2. Be competent to perform all the duties of the office; be of good moral character; be emotionally stable and mature; be committed to equal justice under the law; be in good health; be patient and courteous; and be capable of deliberation and decisiveness;
  3. Be less than 70 years old; and
  4. Not be related to a judge of the District Court.
A Merit Selection Panel composed of attorneys and other members of the community will review all applications and confidentially recommend to the judges of the District Court the candidates it considers best qualified. The Court will make the appointment, following an FBI full-field investigation and an IRS tax check of the appointee.
An affirmative effort will be made to give due consideration to all qualified candidates, including women and members of minority groups. Experience in intellectual property law is preferred.
Or request by mail to:
Susan Y. Soong, Clerk of Court
U.S. District Court
450 Golden Gate Avenue
San Francisco, CA 94102

Please enclose a self-addressed 9" x 12" envelope, affixed with $1.78 in postage.
Applications must be signed personally by the applicant and must be received by July 1, 2016.
All applications will be kept confidential unless the applicant consents to disclosure, and all applications will be examined only by members of the Merit Selection Panel and the judges of the District Court. The panel's deliberations will remain confidential.

DOB of suspect in Mckinleyville stabbing being confirmed, name is Michael Shawn Smith, from Ohio



Just spoke with Undersheriff William Honsal. HCSO is trying to get confirmation on the suspect's date of birth before sending out a press release.

The suspect name that HCSO was given is Michael Shawn Smith, from Ohio.

"Just after midnight, deputies responded to 1908 D Avenue in Mckinleyville to a report of stabbing," said Undersheriff Honsal.

"The initial response was for domeztic disturbance. When they arrived, they found a male victim in front of the residence. They called for medical assistance and the victim was transported to the hospital, where he is recovering from injuries."




First a U haul full of heroin and meth; 7 months later busted again with meth, cocaine, pills and weed







Today's press release:


On June 9th, 2016 the Humboldt County Drug Task Force with assistance from the Humboldt County Sheriff's Office and the United States Marshal Office served a Humboldt County Superior Court search warrant at a motel located in the 900 block of Redwood Drive in the town of Garberville.
     The search warrant was the result of an investigation into the sales of narcotics.  When the agents served the warrant they located two individuals inside the motel room, 44 year old Jason Eugene Rice and 33 year old Xenia Mitchell Reilly.
      In addition to the persons located agents found the following suspected narcotics:  229.2 grams of heroin, 11 grams of cocaine, 10.8 grams of methamphetamine, 3.5 grams psilocybin mushrooms, 15 Hydrocodone pills, 43 Oxycodone pills, 7 Diazepam pills, 3 Alprazolam pills, 5 ecstasy pills, 446 grams of concentrated cannabis (BHO), 28 pounds of processed marijuana buds and a butane honey oil lab.
     Agents also located a handgun, shotgun, scales, packaging material and other indications the narcotics were possessed for the purposes of sales.  $7.817.00 in U.S. currency was seized as suspected proceeds from narcotics sales.
     Jason and Xenia were arrested and booked for criminal conspiracy, possession of a controlled substance, possession of a controlled substance for sale, possession of a narcotic, possession of a narcotic for sale, possession of marijuana for sale, possession of concentrated cannabis, maintaining a residence for the purpose of distributing narcotics, felon in possession of a firearm, possession of a firearm in the commission of a felony and felon in possession of ammunition.   
   

Previous press release:

On Wednesday, November 11, 2015 at about 6:30 p.m. Humboldt County Sheriff’s Office Deputies conducted a traffic enforcement stop on a U-Haul truck near the 900 block of Redwood Dr. in Garberville. The U-Haul truck was observed traveling southbound in the northbound traffic lane and did not have headlights on.
Deputies along with Officer’s from the California Highway Patrol, contacted three subjects. When deputies approached the truck they could smell a strong odor of marijuana emanating from it. The marijuana odor was stronger near the rear cargo door of the truck. Deputies contacted the driver of the vehicle, Jason Hartman age 44, and Hartman stated he thought there was furniture in the cargo area and he did not have a key to it because he did not load the truck. Deputies were then alerted by an anonymous citizen who stated that a passenger of the U-Haul had fled while the Deputy made his initial approach on the traffic stop. The Deputy’s view was obstructed and did not see the passenger flee. The citizen advised the Deputy that he recognized the passenger who fled as one of the fugitives listed on the Southern Humboldt’s Most Wanted Poster. Deputies were able to locate the passenger who fled,  Jason Eugene Rice age 44, who was seen walking away from a nearby business. Rice was subsequently arrested for felony warrants. Rice was found him to be in possession of marijuana and approximately 43.3 grams of suspected heroin. The second passenger had a cite and release warrant. He was cited and released from the scene.

People rest in Jason Daniel's case, defense starts case, trial expected to end next week

After DA Chief Investigator Wayne Cox wrapped up his testimony, Jane Doe #2 took the stand.

Jane Doe # 2 was the People's last witness. Her testimony took up most of the morning.

The defense's first witness was EPD officer Ryan McElroy. Court recessed early today at 11:25.

Court resumes next Tuesday at 8:30. Judge Cissna told jurors that the trial will end next week, "no later than the 17th" but could end sooner.

Victim in Mckinleyville stabbing was neighbor trying to help in dispute, condition unknown

This is all I have at the moment from Undersheriff William Honsal.

A press release should be out within the hour.


Stabbing incident in Mckinleyville; possibly involving altercation between two men over a woman

According to Operation Safe Streets, "SHERIFF'S Deputies are on scene at the 1900 block D Ave in McKinleyville for a subject stabbed and bleeding profusely from the neck. Medical is staging and the situation is still in ongoing."

This was around 1 a.m.

Neighbors on social media,said,  "I live off of second and D avenue they woke me up. Someone got stabbed in the neck. The road is taped off they are still looking for the suspect. They know who he is apparently, altercation between ex and new boyfriend. I think is what I over heard."

Jun 9, 2016

Eureka Planning Commission thinks food trucks near schols is not a good idea; that's what they think is unsafe?

https://www.facebook.com/events/604053843092424/?ti=cl

Food trucks near schools is such a pressing issue, according to the Eureka Planning Commission that they need to discuss this instead of safety issues near the Eureka High School such as drugs and crimes.




Eureka Police Officer's Association ratifies memorandum of understanding with EPD and City of Eureka

The Eureka Police Officer’s Association is committed to its partnership with the City of Eureka and its Police Department to maintain the highest quality law enforcement services possible for the citizens of Eureka.  The EPOA ratified this successor memorandum of understanding with that partnership in mind, along with the hope and expectation that its members will be compensated at a level commensurate with their commitment to that mission.  The EPOA understands the City is in difficult financial times.  It also believes that its members are, in fact, not compensated at the level commensurate with their service and dedication.  This contract, it is hoped, will allow the City to look to the future and plan accordingly to provide EPOA members the compensation they deserve when the City is financially able.

Until that time comes, the EPOA’s membership will continue to work for the citizens of Eureka as it always has; never wavering from their belief that those citizens deserve and rightfully demand the very best in law enforcement services.

"He should not be out there, on duty, fingering women"

Jane Doe # 1 resumed her testimony today after Judge Timothy Cissna questioned the 12 jurors and two alternate jurors about yesterday.

No one saw or heard anything, one juror said all he saw was the witness go into a room with support staff.

Jane Doe's testimony was candid, graphic at times, painful to watch as she struggled with the affects of detoxing, and talked about her life.

I will do a detailed post later today on her testimony since her testimony is the most crucial in this case, with two Counts  in which she is the alleged victim. She was also the first to report the alleged assault.

Judge Cissna, Deputy District Attorney Brie Bennett and Mr. Steven Betz, who cross examined Jane Doe 1, were very sensitive, compassionate to her physical and mental state since she is currently trying to detox.

DOJ senior criminalist Ms. Kay Belschner, who is also currently acting assistant director at the Eureka lab testified about swabbing Jason Daniels' patrol vehicle and taking reference samples from Daniels and Jane Doe #1. Her testimony was brief since the DNA was sent to the Redding office for analysis.

Daniel's wife has been at every court hearing with him and present every day at the trial.

Jun 8, 2016

HCSO explains why it took them time to release the info on Gibbs, reported missing, now wanted for alleged sexual abuse

Roy Alan Gibbs was reported missing last week, and today, HCSO released a press release seeking his arrest for alleged continuous sexual abuse of a 9 year old.

I contacted the Sheriff's office and asked that if this was known since Memorial Day, the same day, the press release went out reporting him missing, why did HCSO wait over a week to release information about an alleged child molestor?

                           Roy Alan Gibbs

Undersheriff William Honsal responded, "The victim provided a statement to HCSO yesterday, giving us probable cause to write the arrest warrant. I know justice isn't always swift, but we want to make sure the case is solid before we pursue an arrest."

$2.5 million bail and warrant issued for Roy Alan Gibbs alleged to have abused a 9 year old


On Tuesday, May 31, 2016 at about 5:19 p.m., the Humboldt County Sheriff’s Office responded to Blue Lake Elementary School to assist Child Welfare Services (CWS), with reported sexual assault case. CWS created a safety plan for the victim and the victim was safe with her mother.
Detectives were called out and served a search warrant on the suspect’s residence in the 100 block of Raymar Avenue in Blue Lake.

On Tuesday, June 7, 2016, a forensic interview was conducted with the assistance of the Humboldt County Child Abuse Services Team (CAST). During the interview, the 9 year old female victim disclosed repeated sexual abuse that occurred over several years.

Detectives sought a warrant for Roy Alan Gibbs. A Humboldt County Superior Court Judge signed the warrant and set bail at $2.5 million.

The charges on the warrant are continuous sexual abuse of a child, eight counts of lewd or lascivious acts with a child under 14 using force or fear, providing harmful matter (pornography) to a minor, aggravated sexual assault of a minor (oral copulation), and terrorist threats.

Gibbs was reported missing to the Sheriff’s Office on Monday, May 30, 2016. A search was conducted and deputies were unsuccessful in locating Gibbs.

If you know the whereabouts of Roy Alan Gibbs, please contact the Sheriff’s Office immediately. Do not attempt to apprehend Gibbs as he is possibly in possession of a firearm. Anyone with information related to this case is requested to contact Detective Scott Hicks at (707) 445-7301.




Deputy District Attorney David Christiansen scores two wins in a row this week: Payton and Palsson

Two wins for Deputy District Attorney David Christiansen this week. Derek Payton pleading guilty and now, Carley Palsson. DDA Roger Rees subbed in for Mr. Christiansen for the plea and today Mr. Andrew Isaac stood in for him at sentencing.

Payton was represented by Mr. Casey Russo of the Public Defender's office. Palsson was represented by private attorney, Mr. Benjamin Okin.




Thank you to Judge Cissna, Ms. Bennett, Ms. Fox, Mr. Betz and Mr. Jason Daniels for respecting freedom of the press and public transparency this afternoon

I would like to thank Judge Timothy Cissna, Deputy District Attorney Brie Bennett, Ms. Julia Fox, Mr. Steven Betz and Mr. Jason Daniels for allowing the court to be open this afternoon.

It is a matter that could have been discussed in a closed courtroom. I respect that all parties were agreeable to discuss a very sensitive matter in an open courtroom.

I was the only member of the press present and went back to court this afternoon on a "hunch". I asked the bailiff if the courtroom would be open. Just a few minutes after the attorneys went in, the court was opened.

I respect Judge Cissna and the process. This morning, KIEM, Times-Standard, Mad River Union and I were all present and saw what happened to Jane Doe. Since there will be media coverage of that, it is only fair that the public know that all proper procedures are being followed before the trial resumes tomorrow.

It is important because there have been high profile cases locally and private attorneys do not ask for gag orders and do not request closed courtrooms for every little thing. Gag orders do not prevent the media from writing about a case. Two recent high profile cases, Gary Lee Bullock and Jason Warren had plenty of people that knew nothing about the specifics of the case or the case.

The only thing gag orders do is make it more difficult to clarify information and questions the public has about cases that have life consequences for both the victim and the defendant.

While I respect Judge Cissna's remarks that if less information was out there, it would be better, since "a lot is invested in the trial", it is better for the public to know that all measures were taken to give Mr. Daniels a fair trial.

Judge Cissna to question jurors individually tomorrow about Jane Doe mishap, despite defense and Daniels being fine to go on as if nothing happened.

Judge Timothy Cissna informed both the prosecution and defense this afternoon about his tentative plan to address the Jane Doe mishap.

Jurors were asked by Judge Cissna to gather downstairs in the jury room tomorrow and that they would be asked to come up when court is open.

"My tentative is to bring jurors in individually and ask, while you were in the hallway, outside the courtroom, yesterday, did you see anything related to this case or the witnesses?"

"If all and Mr. Daniels agree that the jurors did not see anything, my intention is to proceed with the trial at 8:30 a.m."

Deputy District Attorney Brie Bennett said, "I don't believe the majority of jurors saw anything. One or two were maybe close to the room, the door has windows, there is a possibility they may have seen something but the chances are low."

Ms. Bennett said she plans to have witnesses on hand tomorrow and she is going to try again with Jane Doe #1. "If a repeat of today happens, I intend to file for witness unavailability."

Ms. Julia Fox, speaking for the defense said that the defense "preferred the Court's option B; for the trial to proceed tomorrow as if nothing had happened."

"Are you confident no one saw anything," Judge Cissna asked Ms. Fox.

"I cannot tell you definitively,"said Ms. Fox. She said she agreed with Ms. Bennett's assessment.

"If your client waives right now, no one question that later," said Judge Cissna.

Ms. Fox asked to speak with her client. This was briefly done in the courtroom, privately, at the counsel table.

"Mr. Daniels is comfortable forging ahead despite the risk," Ms. Fox told Judge Cissna.

Ms. Bennett responded that as a cautionary measure, she felt that the jurors should be questioned but that she would defer to the court. Judge Cissna made his final decision that he would question the jurors individually.


19 year old that fled the scene pleads guilty to vehicular manslaughter

District Attorney Maggie Fleming reports that on June 7, 2016 19-year-old Carley Palsson having pled guilty to felony vehicular manslaughter and failure to report an injury accident, was sentenced by Judge Timothy Cissna to 180 days in jail and 500 hours of community service. The sentence was consistent with the report prepared by the Probation Department.

The charges arose from the fact that at about 8 pm on September 1, 2015, Ms. Palsson allowed the vehicle she was driving to drift onto the shoulder of northbound Highway 101 near its intersection with State Route 36.  The vehicle struck 48-year-old Kenneth Bryant of Fortuna, who was walking along the highway.   Mr. Bryant’s injuries were instantly fatal.  Ms. Palsson did not stop, though passengers in the vehicle urged her to do so. She surrendered herself to the California Highway Patrol the next day.

Mr. Bryant’s son, Cody Bryant, and his mother, Ms. Bryant-Boyd, addressed the Court prior to sentencing. Both expressed sorrow over how the crime had affected their family.  Cody Bryant also expressed anger at the defendant for not stopping after the collision. Ms. Bryant-Boyd closed by telling Ms. Palsson, “I hope your life goes forward in a good direction”.

$2.5 million bail and warrant issued for Roy Alan Gibbs alleged to have abused a 9 year old

On Tuesday, May 31, 2016 at about 5:19 p.m., the Humboldt County Sheriff’s Office responded to Blue Lake Elementary School to assist Child Welfare Services (CWS), with reported sexual assault case. CWS created a safety plan for the victim and the victim was safe with her mother.
Detectives were called out and served a search warrant on the suspect’s residence in the 100 block of Raymar Avenue in Blue Lake.

On Tuesday, June 7, 2016, a forensic interview was conducted with the assistance of the Humboldt County Child Abuse Services Team (CAST). During the interview, the 9 year old female victim disclosed repeated sexual abuse that occurred over several years.

Detectives sought a warrant for Roy Alan Gibbs. A Humboldt County Superior Court Judge signed the warrant and set bail at $2.5 million.

The charges on the warrant are continuous sexual abuse of a child, eight counts of lewd or lascivious acts with a child under 14 using force or fear, providing harmful matter (pornography) to a minor, aggravated sexual assault of a minor (oral copulation), and terrorist threats.

Gibbs was reported missing to the Sheriff’s Office on Monday, May 30, 2016. A search was conducted and deputies were unsuccessful in locating Gibbs.

If you know the whereabouts of Roy Alan Gibbs, please contact the Sheriff’s Office immediately. Do not attempt to apprehend Gibbs as he is possibly in possession of a firearm. Anyone with information related to this case is requested to contact Detective Scott Hicks at (707) 445-7301.

Pizza machete wielding suspect found guilty on all counts, except 1

Jury found Charles Kesselring guilty on all counts except Count 3, and found all special allegations true.



Verdict came in right at noon.

Kesselring is charged with Count 1 Evading a Police Officer with willful disregard; Count 2 unlawful driving or taking of a vehicle; Count 3 Receiving Stolen Property/Vehicle; Count 4 Carjacking with a special allegation that he used a machete, a deadly and dangerous weapon during the alleged commission of the offense; Count 5 second degree robbery with special allegation of using a machete; Count 6 Criminal threats with the machete special allegation; Count 7 Assault with a deadly weapon and three prior conviction special allegations.

Previous post (with all coverage):

http://johnchiv.blogspot.com/2016/06/pizza-machete-wielding-suspect-get.html?m=1

DA's press release (at 3 p.m.) :


Today a Humboldt County jury found Charles Kesselring IV guilty of carjacking, robbery, assault with a deadly weapon, theft of a vehicle and evading an officer. The crimes occurred on May 26, 2015.
The events began around noon when Deputy Tomlin of the Humboldt County Sheriff’s Department identified and pursued a stolen vehicle while on patrol near Harris and Harrison. The pursuit continued into Eureka, where Deputy Tomlin ended it near Eureka High School to limit risk to the public. However, shortly thereafter citizens assisted the deputy in locating the defendant who had left the car and run into an apartment. Because the crime is not classified as a serious or violent crime he was cited and not booked into the jail.
Shortly before midnight Humboldt County Sheriff’s deputies responded to a report of a robbery in Manila. The victim, a pizza delivery person, said when he stopped his car at the Manila Community Center a man with distinctive tattoos brandished a machete, ordered him out of his car, demanded his wallet and threatened to kill him. The victim later identified the defendant as the person who committed the carjacking and robbery.
The defendant was arrested in Ukiah on May 29, 2016 after evading the Ukiah police in a vehicle.
The defendant faces a maximum sentence of 17 years in prison. Following additional court proceedings on June 9, 2016 a sentencing date will be set. The case was tried by Deputy District Attorney Jackie Pizzo and defended by Christina Albright.






"This case is not about sexual assault, it is about a con."





"This case is about what Jason Daniels did to two women when he was a Sergeant at the Sheriff's office," is what Deputy District Attorney Brie Bennett said to the jurors in the Jason Daniel's case this morning during her opening statement.

Ms. Bennett said that there would be a number of witnesses besides the two alleged victims which would include investigators and Department of Justice.

"I expect you will hear about Jane Doe #1 and 2," said Ms. Bennett. "I don't think either will deny they have used drugs; I don't think either will deny that they have had run ins with the law" and referred to the fact that they both had "a troubled past."

"I just ask you to listen to them with an open mind and without a bias," said Ms. Bennett. "I expect when you hear from these victims; these vulnerable women; you will believe them."

Ms. Bennett summarized the alleged incidents and recounted what both alleged victims said in their testimony and at the preliminary hearing. Details in links below.

Ms. Julia Fox, one of Daniels ' attorneys, gave the opening statement for the defense. She raised questions about the alleged victim's testimonies, the timing of the complaint and whether their claims were reasonable.

"No good deed goes unpunished," said Ms. Fox. "This case is not about sexual assault, it is about a con. It's about a con by two seasoned convicts and Jason Daniels is caught in the crosshairs."

"Jason Daniels fell prey to two cunning survivors," said Ms. Fox.

Ms. Fox said that when Daniels was at the location where he encountered Jane Doe #1 after answering a call, "he tells dispatch where he is, tells other officers where he is." Ms. Fox said that Daniels did not cuff either Jane Doe #1 or her friend Ruby and he did a lawful search before giving them a courtesy ride and found nothing on them. The ride was for their safety. The search for his safety.

Recounting Jane Doe 1 and 2's testimonies, Ms. Fox said, "Clearly their stories diverged, that's why he is here." She said Daniels had denied the allegations "vehemently." That in a pre text meeting with Jane Doe #1, he walked away and wrote a memo about what happened at that pre text meeting right after to alert his superiors.

She asked the jurors if it was "reasonable" that someone who had just been assaulted would get into a car with the man who attacked her. She mentioned inconsistencies in Jane Doe 2's version of what happened, in three different interviews, "two under oath." Ms. Fox said Jane Doe #2 filed a civil suit against Daniels and would not give a deposition and then the case was dismissed.

Ms. Fox said that the defense will put EPD Officer Ryan McElroy on the stand and he will testify that he had an interaction with Jane Doe #1, after the allegations against Daniels had come out, and Jane Doe #1 gave him a false name and when he found oout who she was, she said something to the effect of "I've gotten cops fired before, don't be next."

Ms. Fox said that Jane Doe #2 came forth after details were "plastered in the press" about Jane Doe #1 and Daniels. She also tried to raise question about why it took the DA's office "almost a year" to file charges.

Previous posts: (includes details from the preliminary hearing):

http://johnchiv.blogspot.com/2015/04/sexual-penetration-by-foreign-object.html?m=1
http://johnchiv.blogspot.com/2015/03/jane-doe-1-gives-graphic-testimony-of.html
http://johnchiv.blogspot.com/2015/04/sexual-penetration-by-foreign-object.html
http://johnchiv.blogspot.com/2015/04/jury-trial-for-jason-daniels-charged.html
http://johnchiv.blogspot.com/2015/03/witness-shows-up-jason-daniels.html
http://johnchiv.blogspot.com/2015/03/material-witness-against-former.html
http://johnchiv.blogspot.com/2015/03/case-management-conference-held-today.html

Alleged criminal threats and false imprisonment made after victim initially escaped

On 06-06-2016 the Mendocino County Sheriff's Office was dispatched to 1235 Airport Road regarding a domestic violence incident that occurred in the 3500 block of Taylor Road in Ukiah, California.

Upon arrival Deputies contacted a 26 year-old female who indicated she was in a cohabitating relationship with the father of her child, identified as being Luis Miguel Hernandez-Garcia.

Deputies learned at approximately 12:30 PM the 26 year-old female wanted to go to the store but Hernandez-Garcia blocked her vehicle with his vehicle.  This prevented her from leaving and Hernandez-Garcia engaged her in an argument. Hernandez-Garcia finally let the victim leave when her brother arrived at the location.

The 26 year-old female left the location with Hernandez-Garcia following/tailgating her in his vehicle northbound on State Street.  At one point the 26 year-old female pulled over on State Street where Hernandez-Garcia exited his vehicle and walked to her driver side window.

Hernandez-Garcia yelled at the 26 year-old female and pulled out a knife displaying it to her in the closed position while telling her he was going to kill her.

Hernandez-Garcia struck the drivers side window with his fist while attempting to open her door. The 26 year-old female drove away fearing she would be stabbed to death and subsequently contacted the Sheriff's Office.

Hernandez-Garcia was contacted at his residence where he was placed under arrest without incident for false imprisonment and threats to commit crimes resulting in death or great bodily injury.

Hernandez-Garcia was booked into the Mendocino County Jail where he was to be held in lieu of $20,000.00 bail.

Jane Doe out of it, attorneys meet judge during break, bailiffs escort jury, medical personnel in courthouse

Medical staff in room where Jane Doe was during break.

Deputy District Attorney Brie Bennett walked in with one of the defense attorneys, Ms. Julia Fox saying "we need to talk to the judge about an emergency situation."

A key witness in the Jason Daniels case, Jane Doe who was on stand today for a few minutes could not walk by herself, seemed out of it, could not answer questions, claimed she was not on meds and alcohol, for at least a week and could not identify Daniels in court.

Jane Doe taken out on stretcher by City Ambulance staff and Humboldt Bay Fire employees.

Court is adjourned until 8:30 a.m tomorrow. Judge Timothy Cissna  repeated the admonition to jurors twice about not discussing the case and not looking at any TV, print or online reports, including headlines.

Court started this morning with testimony, opening statements, People's first two witnesses, DA Investigators Kyla Baxley and Tom Cooke.

Jane Doe was supposed to the next witness. She is the alleged victim in Count 1 and Count 2. She did not look like the same woman who testified at the preliminary hearing last year.

Daniels is charged with Count 1, sexual penetration by a foreign object (a felony), alleged victim Jane Doe #1; Count 2 Sexual battery, alleged victim Jane Doe #1 and Count 3, Unlawfully touching intimate part of other/abuse, alleged victim Jane Doe 2 (a misdemeanor).

Previous posts:

Jason Daniels, former HCSO deputy charged with off duty rape trial confirmation this afternoon
Today, trial conformation is scheduled in Courtroom 5 for Jason Daniels at 2 p.m. Just dates were confirmed.

May 12, 2015


Dates remain set for Jason Daniels, former HCSO Deputy charged with off duty sexual assault charges

A pre-trial conference was held today in Courtroom 5 for Jason Daniels, the former HCSO Deputy charged with off duty sexual assault.

Dates remained set. Nothing else occured today. DDA Andrew Isaac was there for the People. Julia Fox with Daniels who was accompanied by his wife.

Last post:
Apr 7, 2015

Jury trial for Jason Daniels charged with off duty sexual assault charges set for June 15
Jury trial is now scheduled for June 15 largely to accommodate Jason Daniel's attorneys' schedule. Instead of his Bay area attorneys, Julia Fox and Steven Betz appearing with him in court today, Mr. Lawrence Killoran who is representing Daniels in a civil suit filed against him,  was present in court today with Daniels. As she has for all court hearings, Daniel's wife was with him.  Instead of Mr. Andrew Isaac who is prosecuting the case, DDA Brie Bennett was there today for the People.

In response to Judge Joyce Hinrichs,  time was waived by both parties. Mr. Killoran waived full reading of the complaint. Trial Confirmation is May 26 at 2 p.m. and Pre-Trial is May 12 at 2 p.m. in Courtroom 5.

Another post done April 7 (with links to previous coverage):

http://johnchiv.blogspot.com/2015/04/sexual-penetration-by-foreign-object.html?m=1

Previous posts:

http://johnchiv.blogspot.com/2015/03/jane-doe-1-gives-graphic-testimony-of.html
http://johnchiv.blogspot.com/2015/04/sexual-penetration-by-foreign-object.html
http://johnchiv.blogspot.com/2015/04/jury-trial-for-jason-daniels-charged.html
http://johnchiv.blogspot.com/2015/03/witness-shows-up-jason-daniels.html
http://johnchiv.blogspot.com/2015/03/material-witness-against-former.html
http://johnchiv.blogspot.com/2015/03/case-management-conference-held-today.html