Jul 2, 2016

Are witnesses for the People in the Kailan Meserve case being pressured to change testimony?

Another delay yet again, in the afternoon on July 1 for the motion to continue sentencing for a new trial and scheduled sentencing for Kailan Meserve. Now, that motion will be heard on July 11 at 4 p.m.

There was a lot of back and forth for Meserve's attorney, Mr. Russ Clanton, to provide good cause, and he reluctantly and finally gave some information, which Judge Timothy Cissna said was still not sufficient for him to make a decision and not specific enough. This information had to be painstakingly coaxed out of Mr. Clanton. Judge Cissna continued the hearing for the motion to continue sentencing, to make sure there were no appeal issues.

Some questions unanswered are: Why is an investigator for the Public Defender working on the Kailan Meserve case? Due process works both ways, what is this secret information that may or may get a new trial for Kailan Meserve? There was some information finally given but the DA's response raises the question, if the defense has anything or is anyone pressuring witnesses to change their testimony.

Ashleigh Groeling's brother is best friends with Kailan Meserve and he testified for Meserve. Groeling testified on behalf of Jane Doe #1.

The afternoon session started out with Judge Timothy Cissna asking Meserve's defense attorney, Mr. Russell Clanton, to address "good cause to continue." Judge Cissna reiterated that he was aware that Mr. Clanton needed transcripts from the jury trial of two witnesses. The transcripts issue has been addressed before.

"We were contacted by two number of potential witnesses and they have material and substantive material for a new trial;" responded Mr. Clanton. Transcripts are needed to show how this evidence would be relevant." Mr. Clanton said he had talked to the court reporter and this would take a month.

"The difficulty I have with this statement is that it is vague and what you said in your motion. I need specifics," said Judge Cissna.

"Number of statements were made by complaining witnesses, evidence refutes some of those statements," said Mr. Clanton. "I am comfortable saying what in chambers, not in open court."

"I don't understand your reluctance," said Judge Cissna. "You will be filing a motion that will lay everything out. I need something other than these vague, non-specific statements. Isn't the DA entitled to question the same witnesses."

"This is a small town," said Mr. Clanton.

"Ultimately, the pleadings are all open record," said Judge Cissna. "You can file a motion now, with a supplemental with transcripts later."

"We had an investigator in this case, that investigator came about a conflict and left the team," said Mr. Clanton. "We acquired a new investigator, Cisco Lassiter, who needs to go over Adam Laird's information."

"How soon can you file a motion without transcripts?" asked Judge Cissna. "Not that it will be decided without transcripts, so the DA can respond?"

Judge Cissna wanted the motion to be filed within a week, Mr. Clanton said 2-3 weeks.

Deputy District Attorney Brie Bennett finally got a chance to weigh in. She told Judge Cissna that "the People are pulling their time waiver for sentencing."

"The defense has not provided good cause for sentencing" said Ms. Bennett. She referred to the same reasoning given by Judge Cissna.

Ms. Bennett added that "the defense has had two and half months to come forward, now they are asking for an additional two to three weeks. This will have a huge impact on the victims and the family."

"I am having serious difficulty because statements are non-specific," said Judge Cissna.

Finally, Mr. Clanton gave up a bit more. "We have been contacted by one of the so called victims that the statements they made under oath, that some of those statements were untrue." Mr. Clanton claimed that another witness said she had discussed testimony with another witness for the People.

Ms. Bennett responded that, "the People have also been contacted by Jane Doe #2 and Ashleigh Groeling that people are encouraging them to change their testimony."

Ms. Bennett also cited People v Alexander and a specific portion, which Judge Cissna took time to look over in court before continuing the hearing.

Jul 1, 2016


Defense not in court, Kailan Meserve sentencing delayed, again




This morning, Kailan Meserve's motion for continuance and scheduled sentencing was delayed yet again, because his attorney, Mr. Russell Clanton, was just boarding a flight from San Francisco. He was supposed to have been back yesterday.

Family members of the victims as well as Meserve's sister, Amy Meserve and Monica Meserve were in court.

After speaking with Kailan Meserve and Mr. Clanton via phone, Judge Timothy Cissna postponed that hearing until 1:30 today.

Jun 28, 2016


Russ Clanton a no show, sends email to court, Kailan Meserve motion for new trial continued

Yesterday afternoon, Judge Timothy Cissna told Deputy District Attorney that a motion for a new trial and a continuance for sentencing will be decided on July 1.

Meserve's attorney, Mr. Russ Clanton, was a no show, simply sending an email that he was out of state.

Jun 24, 2016


It has been two months since Mr. Meserve has been found guilty of 15 felonies. The two victims have a Marcy's right to see restitution and justice." Defense wants new trial.

The defense scheduled a motion to be heard for a new trial yesterday at 4 p.m. for Kailan Meserve. While Mr. David Celli from Mr. Russ Clanton's office was present in court, Kailan Meserve decided in court that he wanted Mr. Clanton present to argue the motion.

The People oppose the motion. Deputy District Attorney Stacey Eads, who appeared on her behalf of her colleague, Ms. Bennett, told Judge Timothy Cissna, "It has been two months since Mr. Meserve has been found guilty of 15 felonies. The two victims have a Marcy's right to see restitution and justice. It has been a significant time since the jury came back with a verdict."

Mr. Celli responded, "

The hearing is now scheduled for June 27 at 4 p.m. in Courtroom 4. Both Ms. Bennett and Mr. Clanton are expected to be at that hearing.

Previous post (with links and coverage):

http://johnchiv.blogspot.com/2016/06/it-has-been-two-months-since-mr-meserve.html?m=1:

What is missing from the post on the letter from the volunteer firefighters from Fortuna; so what is the complete story?




What is missing from the post on Kym Kemp's site is an email copy from 9/23/2015 attached to the letter.

The email is from Chief Len Winburn.

It states: "It is time that everyone in this Fire Department gets fired up! The letter that Dean put in the newspaper is unacceptable and reflects directly on all of us. No one in this organization deserves to be labeled fraudulent but that is exactly what he has done. When he confronted on his statements, he hung up on me-shows his lack of character. I was originally not going to respond but after gertting feedback from community members it is apparent that not everyone knows that Dean is such a low life and many actually believe what he has written. I cannot do this alone, we need to put letters out to the editor, talk to neighbors and friends and make sure that the true message gets out. Dean's letter is attached for your reading pleasure."

Also attached to the letter is a piece of paper with no date and a recording of allegedly a conversation between Chief Winburn and Dean Glaser. There are two letters regarding Mr. Alan Mendes' membership dated July 2015 and October 2015.

I also received a copy of the following letter a day ago, which so far, has been only printed on Kym Kemp's site today.

I did not print the letter as I was waiting to get more comments and information from the Fortuna Fire Department and Supervisor Estelle Fennell. I will update this post with any response from them.

Chief Winburn responded via email on Sunday, July 3: "the person that wrote the letter was terminated from the department for unacceptable behavior. The District Board backed the decision to terminate unanimously. The decision to revoke exempt status for both was due to discrediting to the fire department, the exemption was upheld by both the department membership and the District Board."

I have known Supervisor Fennell for a long time, I have also known Mr. Mendes for a long time. I have only known Mr. Glaser since the last election and briefly, but my interactions with him have been positive.

This is the letter:

September, 2015, Dean Glaser and I publically opposed the “Fortuna Fire Tax” which was subsequently approved by the citizens of Fortuna, minus some 4,000 ballots that were never turned in by property owners.
At the time of my opposition, I had been removed from the almost 30 years of service to the community of Fortuna as a Volunteer Fire Fighter, by Chief Lon Winburn and the Fortuna Fire Protection District Board of Fire Commissioners.

I was initially removed as Captain of the Fortuna Volunteer Fire Department Company #5, (in Campton Height’s) by Chief Winburn after a disagreement at a meeting held on June 2, 2015. I adamantly opposed my removal from the Dept. and through the Policy and Procedures, along with the Dept. Bylaws I Appealed my removal to my peers.

A hearing was held where (by majority vote) I was fully reinstated! After the vote was taken, Chief Winburn verbally told all present that he agreed he will respect the decision of the board. However, Chief Winburn later recanted that statement before the Board of Fire Commissioners.

Chief Winburn had claimed numerous past disciplinary actions for harassment and insubordination for my removal. At the hearing, I successfully disputed all past disciplinary actions that Chief Winburn attempted to use against me. Members that were named in the apparent disciplinary actions were present at my Appeal Hearing, but none of them spoke out against me or in support of my removal from the Department.

Within nine (9) days of my Reinstatement, Chief Winburn called a meeting before the Board of Fire Commissioners in a further attempt to dismiss me from the department. This type of hearing is not called for any department Bylaw, Policy, or Procedure of the Fortuna Volunteer Fire Department.

At this Hearing, I was restricted to only fifteen (15) minutes to defend myself and my dismissal, I was not allowed to call any witnesses, and I had hired a private attorney who was not allowed to officially defend me as called for by the department Bylaws.

Not to anyone’s surprise, the Board of Fire Commissioners, who hired Chief Winburn, upheld Chief Winburn’s dismissal of me from the department. I find it ironic that Chief Winburn made numerous allegations against me, but failed to mention his own Conduct Policy violation by sending out a department wide e-mail calling Dean Glaser a “Low Life”!

The Fortuna Volunteer Fire Department Policy & Procedure Manual spells out very clearly the three (3) stages if discipline, 1. Written, 2. Suspension, 3. Dismissal/Termination. Through all of this, he did not even follow his own department’s policy & procedure, which he was the author for enforcing progressive discipline. Why is that?

Even after my dismissal, the Board of Fire Commissioners approved my “Exempt Status” with the department as long as I followed all policies & procedures of the Fire department; however, upon the passing of the Fire Tax, both Dean and I received a letter from the Fire Dept. stating that our “Exempt Status” had been revoked by the Department and Board of Fire Commissioners. No reason was given for the change in our Exempt Status or why it was suddenly revoked. I ask you WHY?

“{Exempt Status” is earned after five (5) years of service with the department and gives such member the right to attend all Fire Department functions, meetings, and social events. So after a combination of 45+ years of service to the community of Fortuna and the Fortuna Volunteer Fire Department, our “Exempt Status” was revoked. WHY? To this day, neither Dean nor I are aware of any reason. Additionally, there has never been a policy or procedure that allows the administration of the Fire Department to revoke such previously earned status.

On December 14th 2015, I took my concern to 2nd District Humboldt County Supervisor Estelle Fennel, who is directly responsible for the Fortuna Fire Department’s Board of Fire Commissioners. Ms. Fennel directly appoints/replaces a person to this board in cases of vacancies. As a part of Ms. Fennel’s campaign is that she supports all fire fighters of Humboldt County. I provided video, audio, and written documentation supporting my position to Ms. Fennel in the hopes she would directly address this issue with the Fire Commissioners. Ms. Fennel assured me that she would meet with the Fire Commissioners in an attempt to resolve the matter. To date, Ms. Fennel HAS DONE NOTHING!

My goal is to make the public aware that you have no rights as a volunteer in any situation, dispute or capacity; even if the volunteer position is governed by policy & procedures and bylaws. The administration is not bound to abide by any of them and you have no legal recourse. After the assistance of three (3) local well known attorneys, who practice employment law, I surprisingly found that out!

Finally, I cannot tell you how disappointed it was to not get ANY SUPPORT or RESOLUTION from 2nd District Supervisor Estelle Fennel (who is adamant in helping/supporting our local Volunteer Fire Fighters).

Both Dean and I are past recipients of the departments “Firefighter of the Year” award, which is voted on by the membership of the department. Dean is well known as the organizer of the annual 9-1-1 Parade and Ceremony in remembrance of those who have fallen but will not be forgotten. An event that honored those that lost their lives in the 911 terrorist attacks. This will no longer occur in Fortuna due to Dean leaving the department and the revocation of his “Exempt Status”. To our knowledge, the revocation of our “Exempt Status” from the department after a combined 45+ years of dedicated service to the community of Fortuna is the first of its kind in Fortuna Fire Department existence.

Sadly enough after no response from Ms. Fennel, this puts the honesty & integrity of the department’s administration in jeopardy. To substantiate this claim is the fact that Ms. Fennel’s last appointment to the Fortuna Fire Board of Fire Commissioners involved an excused member who failed to disclose that he had been driving Fire/Emergency Apparatus for many years with a suspended driver’s license. Additionally, he had a NO BAIL WARRANT for his arrest. Even after this was revealed to Ms. Fennel, this subject still remains on the Fortuna Fire Board of Fire Commissioners.

My Goal is to bring awareness to the current members or those interested in becoming a Volunteer. YOU HAVE NO REAL RIGHTS AS A VOLUNTEER!

Some may feel that submitting this information is totally out of revenge, which is not the case. During my 30 years of dedicated service to the community, I served under past Fire Chiefs Bob Sommerville, Joe Toroni and Frank Hizer, and I never received any disciplinary action for any wrong doing! The evidence is overwhelming that this is a personal attack. Further evidence to prove my point, the department has recently changed the bylaws to directly restrict the attendance and behavior of past and current Exempt Members. WHY? Does Fortuna Fire have something to hide?

Please know it was an honor to serve the community of Fortuna for the COMBINED 45+ years we were allowed to.

Alan Mendes and Dean Glaser

KutThroat Barber Lounge owner arrested for drunk in public, other allegations including drug overdose as reason for closure



KutThroat Barber Lounge owner Robert Blair was arrested for being drunk in public on Thursday.

There was a message on Blair's facebook page of a friend passing away and it is the same person mentioned by others passing away at the business. This was someone who lived and worked in Old Town. Very sad.

I have been unable to reach him since Thursday and have not heard back from him. He did call at 2:04 today, after this post, but did not leave a message.

I am in the process of verifying with EPD and the Coroner's office if this death was indeed due to a drug overdose in the business bathroom and if any drugs were discovered in the backroom of the business. The drug activity seems to be hearsay.

EPD Captain Brian Stephens is the only one around this weekend, while he had no knowledge of either, I will be checking with Captain Steve Watson and EPD officers covering that area and the Coroner on Tuesday, if I have not heard from them .

It is a weekend and a holiday weekend so reaching someone is challenging.

Some information is from neighboring businesses and people in the neighborhood, who prefer to remain anonymous, who saw sirens and an ambulance.

The business  has been closed since Thursday. Chances are that it will not re-open at the location.

Update: I spoke with EPD Captain Steve Watson today and in a quick search, there is no report associated with incident which could confirm any drugs being found at the location. Both, Captain Watson and EPD PIO Brittany Powell will look into it further. They are not allowed to release medical information which is private.

Jul 1, 2016

Another win, another feather in the cap for DDA Roger Rees


Another win, another feather in the cap for Deputy District Attorney Roger Rees.




Press Release:



  
 On July 1, 2016, a Humboldt County jury found Tays E. Salazar guilty of  robbery. The charge resulted from an incident on February 13, 2016, when Mr. Salazar, wearing a camouflage mask and a hoodie, entered the Orick Market and demanded money from the clerk. Mr. Salazar kept his left hand in his pocket throughout the encounter, causing the store clerk to believe that Mr. Salazar may have had a gun. The clerk, in fear for his safety, gave Mr. Salazar the nightly deposits that totaled approximately $1,400. Mr. Salazar also stole a pack of cigarettes. Investigation by the Humboldt County Sheriff’s Office in cooperation with the Yurok Tribal Police led to the arrest of Mr. Salazar on February 17, 2016, and he has been in custody since that time.
Humboldt County Sheriff’s Deputy Matthew Tomlin testified at trial, as did the victim of the robbery.
Deputy District Attorney Roger C. Rees prosecuted the case with assistance from District Attorney Investigator Gary Cooper. Deputy Public Defender Kelly Neel represented Mr. Salazar throughout the pre-trial proceedings and trial. The Honorable John T. Feeney  presided over the one week jury trial.
Sentencing in the matter is set for July 28, 2016 before Judge Feeney.  Because of the court’s finding that he has been previously convicted of a serious felony, Salazar faces a maximum sentence of 10 years in state prison.  Mr. Salazar is 39 years old. 


Weed bust of 207 plants in excess of medical marijuana recommendation and unregistered property




On Thursday, June 30, 2016 at about 5:30 p.m. the Humboldt County Sheriff’s Office served a search warrant on the 1200 block of Vernon Street in Eureka, CA for suspected butane honey oil (BHO) lab and a marijuana grow. The Humboldt County Drug Enforcement Unit served the search warrant on the pyroperty and discovered an operating BHO lab, two indoor marijuana grows, and an outdoor marijuana grow. Two-hundred and seven plants and one pound of processed marijuana were seized. The BHO lab equipment was seized along with 6.25 lbs of product, 17 lbs of marijuana trim/shake, 3.6 lbs of processed marijuana bud, 2.5 lbs of THC edibles, 23 cylindrical glass extraction tubes, digital scales, packaging materials, and sales documentation. No one was on scene. This case will be forwarded to the District Attorney’s Office for prosecution.
Both suspects were in possession of doctors recommendation for medicinal marijuana, however, the marijuana grow operation was out of compliance due to the number of plants. These suspects did not have records on file for this property being registered, nor having submitted an application to be in compliance with the County Commercial Medical Marijuana Land Use Ordinance.

Rhianna McKenzie identified as victim in McCullens shooting

Following the notification of the next of kin, the victim of the June 30, 2016 homicide has been identified as Rhianna McKenzie, 19 of Eureka.

Senator McGuire introduces legislation making firearm theft a felony, which is intended to address Prop 47 consequence


Senator Mike McGuire today shepherded legislation on the Senate Floor to put a measure on the November ballot that will make theft of a firearm a felony regardless of the value of the gun. This legislation became necessary when Prop 47 made it only a misdemeanor when handguns, shotguns, rifles and AR-15 types of weapons, which are easy to find for sale under $950 at most retail gun stores, are stolen.  

When Prop 47 was approved by voters in 2014, it reduced certain stolen property and drug possession felonies to misdemeanors when the amount involved is less than $950, including firearms.  

“This was an unintended consequence of Proposition 47 and today’s bipartisan action will allow voters the choice to help make our communities safer,” Senator McGuire said.

Prior to the enactment of Proposition 47, theft of a firearm, regardless of its value, was punished as grand theft with a sentence of 16 months, 2 years, or 3 years in state prison. There is no indication that in passing Proposition 47, the voters intended to reduce the severity of punishment for gun theft.

Introduced by Assemblymembers Melendez, Cooper and Gray, AB 1176 clarifies that if the property stolen is a firearm, or the stolen property that is bought or received is a firearm, the crime is punishable as it was prior to the enactment of Proposition 47, regardless of the firearm’s value.

Approval today in the Senate means the proposal will be submitted for voter approval in the November 8, 2016 statewide general election.

Senator McGuire also supported the nation’s strongest gun-violence prevention measures approved today by the state legislature, a historic package of bills that have been sent to Governor Brown’s desk.

AB 1176 is supported by the California Police Chief’s Association, California Peace Officers’ Association, California State Sheriffs’ Association, and the Law Center to Prevent Gun Violence.

###

David Lockhart sentencing also postponed until this afternoon due to defense attorney not being in court

Another client found out in court this morning that his attorney, Mr. Russell Clanton, would not be there. David Lockhart's sentencing is also postponed until 1:30 this afternoon.

Lockhart was in court with his mother this morning.

Ten family members and supporters were there for the victims.

Jun 16, 2016


Victim's family members wipe away tears as David Lockhart pleads to lower term for vehicular manslaughter

David Lockhart's jury trial was scheduled to start this morning in Courtroom 4.

Yesterday, the attorneys met with Judge Timothy Cissna in a closed courtroom briefly to discuss offers and a possible plea.

This morning, after DA Maggie Fleming and Deputy DA David Christiansen met with family members of the victim and their lawyer, Mr. Patrik Griego, the attorneys met privately with Judge Cissna.

Court was then opened and Lockhart plead to a stipulated term of 16 months to Count 1, vehicular manslaughter and one year consecutive for the allegation, causing great bodily injury to John Doe.

By agreement, Lockhart was sentenced to the lower term of 16 months for Count 1.
Mid term is two years and upper term is four years.

Judge Cissna went over the plea, the rights Lockhart would give up, possible restitution and fines and advised Lockhart that the sentence was set, could not be greater or lower at sentencing.

Lockhart will serve time in state prison and be on post release community supervision for three years, after release.

Sentencing is July 1 at 8:30 a.m.

Link (with complete coverage of case):

http://johnchiv.blogspot.com/2016/06/victims-family-members-wipe-away-tears.html


Defense not in court, Kailan Meserve sentencing delayed, again




This morning, Kailan Meserve's motion for continuance and scheduled sentencing was delayed yet again, because his attorney, Mr. Russell Clanton, was just boarding a flight from San Francisco. He was supposed to have been back yesterday.

Family members of the victims as well as Meserve's sister, Amy Meserve and Monica Meserve were in court.

After speaking with Kailan Meserve and Mr. Clanton via phone, Judge Timothy Cissna postponed that hearing until 1:30 today.

Jun 28, 2016


Russ Clanton a no show, sends email to court, Kailan Meserve motion for new trial continued

Yesterday afternoon, Judge Timothy Cissna told Deputy District Attorney that a motion for a new trial and a continuance for sentencing will be decided on July 1.

Meserve's attorney, Mr. Russ Clanton, was a no show, simply sending an email that he was out of state.

Jun 24, 2016


It has been two months since Mr. Meserve has been found guilty of 15 felonies. The two victims have a Marcy's right to see restitution and justice." Defense wants new trial.

The defense scheduled a motion to be heard for a new trial yesterday at 4 p.m. for Kailan Meserve. While Mr. David Celli from Mr. Russ Clanton's office was present in court, Kailan Meserve decided in court that he wanted Mr. Clanton present to argue the motion.

The People oppose the motion. Deputy District Attorney Stacey Eads, who appeared on her behalf of her colleague, Ms. Bennett, told Judge Timothy Cissna, "It has been two months since Mr. Meserve has been found guilty of 15 felonies. The two victims have a Marcy's right to see restitution and justice. It has been a significant time since the jury came back with a verdict."

Mr. Celli responded, "

The hearing is now scheduled for June 27 at 4 p.m. in Courtroom 4. Both Ms. Bennett and Mr. Clanton are expected to be at that hearing.

Previous post (with links and coverage):

http://johnchiv.blogspot.com/2016/06/it-has-been-two-months-since-mr-meserve.html?m=1:

Juvenile arrested and booked for making false bomb threat against Eureka Panned Parenthood

On Thursday, June 30, 2016, at about 9:15 p.m. Humboldt County Deputy Sheriffs received a report from the Federal National Veterans Crisis Line (FNVCL) of someone calling in a bomb threat to Planned Parenthood in Eureka. The FNVCL gave Deputies the phone number of the caller which led to an address in McKinleyville. Deputies responded and contacted a male juvenile in McKinleyville. After questioning that juvenile, Deputies responded to the Youth Services Bureau in Eureka. Deputies contacted a 14 year old male juvenile. Through the investigation it was determined the 14 year old male juvenile was responsible for making the phone calls to FNVCL.
The juvenile male was arrested and booked into Juvenile Hall for making a false bomb report and making a false report of an emergency.

EPD releases photo of suspect in shooting near McCullens motel

EPD just confirmed Maxx Robison as the murder suspect in yesterday's homicide near McCullen's motel.


EPD will release booking photo and official release on suspect after lineup

While there is some speculation and it may be that Maxx Carson Robison, booked in Humboldt County Correctional Facility yesterday, is the murder suspect in the McCullens motel shooting, EPD will not be releasing a booking photo and official release until photo line up is concluded.

Despite a request for media to hold off on naming the suspect until the investigation was complete and people had been interviewed, LOCO chose to go with printing the name.

So, if the guy gets off with a defense of a tainted lineup, you know who to thank.

The victim's family may not even have been notified.

As it turns out, the victim was not who was speculated in the comment section of LOCO.

We all can look up jail reports, but some media actually use discretion and not "break news" and respect the community and wishes of law enforcement.

Kudos to the rest of the media that showed restraint and humanity.


City of Eureka to decide on replacing current system and allowing only voters of each ward to select councilmember

City of Eureka next meeting has an ordinance recommending that at large voting be replaced by each councilmember being elected by the voters of the ward they represent.



You could weigh in on this or the food truck in Old Town and vacation dwelling unit issue or all three.

Sneak preview of parklet outside Taste of Bim



Humboldt County's aggressive solicitation ordinance to be adopted at BOS June 28 meeting

The Times-Standard incorrectly reported that the Humboldt County aggressive solicitation ordinance's first reading passed unanimously on June 21.

The vote was reported accurately in the NorthCoast News article by Jeremy Chen. I just confirmed that with Ana Hartwell, deputy clerk for the Board of Supervisors. o

The vote on June 21 was 4-1, with Mark Lovelace dissenting. Lovelace did sign the final draft of the ordinance and it is set to be adopted at the June 28 meeting, according to Ms. Hartwell.


Jun 30, 2016

Female victim in McMullen motel homicide 19 years old, shot involved in death believed to be semi automatic rifle

Eureka Police Department held a press conference this afternoon at 4:30 regarding the homicide at the McCullens motel this morning.

Two firearms were seized by EPD. One shotgun,one semi automatic rifle, the latter believed to be the weapon used in the shooting.

7-10 gunshots fired. The female victim who died at the hospital "suffered a single gun shot wound to the torso."

While the police know that the shooting was a result of the dispute between two men, one who drove the female to the hospital, they do not kbow details of the dispute or the relationship between the male and female.

Name of victim being withheld until next of kin notified. Name of suspect will be released but not right now as ongoing investigation.

Captain Brian Stephens requested that even if media learns any information in social media to hold off until next morning so tgey can wrap up their interviews with witnesses.



EPD Press Release:



    
On June 30, 2016, at approximately 3:04 a.m., officers from the Eureka Police Department responded to reports of shots fired near the intersection of Iowa and McCullens.  

As the first officer arrived to investigate, he noticed a vehicle traveling at a high rate of speed with obvious gunshot damage to the body of the vehicle.  The officer attempted an enforcement stop on the vehicle, but the driver failed to yield.  Officers pursued the vehicle at speeds between 70 and 80 miles per hour.  The pursuit ended when the vehicle pulled into the St. Joseph Hospital parking lot.  

Officers learned there was a female gunshot victim in the vehicle.  The female was rushed into the emergency room where lifesaving efforts were initiated.  The male driver of the vehicle was detained and cooperated with officers.  The male stated that the incident occurred in the 1500 block of McCullens Avenue.  Officers responded to that vicinity and located the crime scene.  The scene was secured and detectives responded to take over the investigation.      

The female gunshot victim, 19 of Eureka, succumbed to her injuries.  Her identity is being withheld until the next of kin are notified.  

While investigating the homicide, an unrelated call for service was dispatched to EPD officers.  The suspect from the unrelated call was detained and taken into custody on unrelated charges.  As the homicide investigation progressed, detectives discovered enough probable cause to connect this male suspect with the homicide and he was subsequently arrested for murder.  The identity of the suspect will be released tomorrow.    
During the investigation into the homicide suspect, two firearms were located and seized.  One firearm was a shotgun and the other was a high powered semi-automatic rifle.  The rifle is believed to be the weapon used in the homicide.  

Anyone who may have witnessed any of the events that occurred early this morning are asked to contact Detective John Gordon at (707) 441-4300.

   






Earlier post:

http://johnchiv.blogspot.com/2016/06/epd-to-release-more-information-on-this.html



Kirby Bay denied release on OR after victim tells Judge that "he has violated the restraining order 15 times" and allegedly threatened to kill her

Kirby Bay was denied release on OR this afternoon by Judge Joyce Hinrichs after hearing from the People and the victim in this case, Megan Smith, who was present and made a statement in court, according to Marcy's law.

There was no bail reduction request discussed today.

Conflict Counsels' Mr. Greg Elvine-Kreis appeared in court with Bay. He made an effort to get Bay released, stating he is a "100% disabled vet" and would abide by the protective order issued.

Deputy District Attorney Jackie Pizzo told Judge Hinrichs, "We are opposed to Mr. Bay's release. There are number of grounds." Ms. Pizzo said that Bay had a prior offense of discharging a firearm from 1997; he absconded in this case and had to be arrested and was on probation; he shot at a woman with a child in the car who was attempting to serve him with a restraining order; he has a violent history; in a prior relationship in which he was charged with car theft was originally charged as kidnapping and that he told the victim (in the current case) he had shot an ex in the abdomen and "watched her bleed" and that he would do the same to her. Ms. Pizzo concluded by saying that the victim did not want him released and was willing to make a statement to the Judge.

Mr. Elvine-Kreis objected to any referenced to Bay's record from 1997, which he said had nothing to do with the current case. He added, the allegations occurred on June 4, and "the police did not arrest him until this Monday."

Ms.Pizzo added that there were other incidents from June 23rd and that the victim had relocated from her original residence and then said the victim believed that Bay knew where she had moved to based on a rock left at her new home. "The defendant collects rocks."

Ms. Smith spoke next, "Your honor, I am very frightened of Kirby. We share a 21 month old son. I have a restraining order against him. He has violated the restraining order 15 times."

"When he threatened to kill me, he referrred to the firearm he kept under our bed throughout our relationship. I am very afraid for my safety and the safety of my family. He was stalking my parents house in Ferndale. I believe he knows I have relocated. The gun does not belong to him."

Bay denied having any firearms.



Jun 29, 2016


Kirby Bay, in a wheel chair, served with restraining order, bail/OR hearing tomorrow

Kirby Bay, in custody, was arraigned this afternoon in Courtroom 4. Deputy District Attorney Jackie Pizzo was present for the People.

He looks different than this photograph. He has no beard and today in court, he was in a wheel chair.

When asked about his income by Judge Timothy Cissna before appointing a public defender, Bay responded, "100% disabled vet on a fixed income."

He was polite to the Judge but before his case was called, he looked around the court staring dismissively at people in the audience, with a stare that seemed like he couldn't care less.

Bay was served with a CLETS protective order. Conflict Counsel's Mr. David Lee was appointed for Bay. Pleas of not guilty were entered, time not waived.

An OR/Bail hearing is scheduled for tomorrow at 2 p.m. Preliminary hearing is on July 13.

Jun 29, 2016


Alleged stalker, Kirby Bay, from Fortuna to be arraigned this afternoon


Kirby Bay is scheduled to be arraigned today at 1:29 in Courtroom 4.

Jun 27, 2016


$150,000 bail for Kirby Bay just arrested, being booked at jail right now

Kirby Bay being booked into Humboldt  County jail at 8:15.

Bail at $150,000.

In the complaint filed by the DA, he is charged with a felony in Count 1, stalking. The victim in the complaint is listed as Megan Smith, and that Bay put her "in reasonable fear of her safety and the safety of her immediate family."

Count 2 is also a felony, Bay is charged with "unlawfully threatening to commit a crime which would result in death and great bodily injury to Megan Smith."

Jun 27, 2016


FOPD arrests man with active felony warrant for alleged criminal threats and stalking

Fortuna Police Department has arrested
 Kirby Bay.

Operation Safe Streets confirmed the news and said, he was arrested at his house.


Jun 24, 2016


Help Fortuna Police Department locate this alleged stalker and suspect claimed to have made criminal threats

Wanted: BAY, Kirby Mark.

This is someone with a felony warrant Fortuna PD is looking for.  He is on both FOPD and the online HCSO warrant list. Because of the nature of the warrant,  this information was shared by Operation Safe Streets and I am also posting the information (criminal threats and stalking 646.9 PC) in the hopes this person is located.  If you see him, please let FOPD know, 725-7550 or call 911, do not approach or attempt to apprehend him.

To see a full list of active Humboldt County warrants, visit www.humboldtgov.org/2215/Warrants


EPD to release more information on this morning's homicide at McCullen's motel a press conference at 4:30



Eureka police are investigating the death of a woman shot at McCullens motel in the early am hours this morning.

Officers were called to the alleged crime scene near Iowa and McCullen just after after 3 a.m. after reports of several shots being fired. Very soon after the initial report, they were notified that a woman had died at the hospital from gunshot wounds.

The woman was allegedly shot by a man she knew, after a dispute. Another man who was with her at the time drove her to the hospital. The second man is not considered a suspect. At least seven shots were fired based on casings found at the scene.

EPD has  identified a suspect in the case and will release more information later today at a press conference.


Jury trial for Sohum upskirting suspect set for October 17

Sohum upskirting suspect had a pre trial conference scheduled yesterday at 2 p.m. Nunez was not in court.  Ms. Kathleen Bryson appeared on behalf of  Nunez's attorney.

Trial confirmation  is October 4. Jury trial is October 17.

Jun 21, 2016


Sohum upskirting suspect delays pretrial conference and has yet to appear in person in court

Sohum upskirting suspect, David Nunez last court date was June 1 for a pretrial conference. The defense continued that to June 29 at 2 p.m.

 He was arraigned on May 10.

Nunez is charged with two misdemeanors.Count 1 is  Unauthorized Invasion of Privacy and Count 2 is Annoy/Molest Child under 18. Count 1 is under the California "peeping tom" laws.

In Count 1, Nunez is alleged to have used a camera without consent to take pictures of Jane Doe #1 born in 1982. In Count 2, the alleged victim is Jane Doe #2, born in 1998.


This is a selfie from the cell phone retrieved and posted on Kym Kemp's website. 


May 10, 2016


Sohum upskirting suspect arraigned, hires out of area attorney, next court date June 1

David Nunez was scheduled to be arraigned this morning in Courtroom 3. Ms. Kathleen Bryson, local attorney, made a special appearance on behalf of Nunez's attorney, Mr. William Du Bois, from Pleasanton.

Nunez was not present.

His warrant was recalled. Next court date June 1 in Courtroom 2. Deputy District Whitney Barnes present for the people.


Apr 21, 2016


Sohum upskirting suspect to be arraigned May 10; charged with two misdemeanors

While the public computer still showed no date, a bit more research resulted in me finding out that David Nunez is scheduled to be arraigned on May 10 at 8 a.m. Courtroom to be announced.

Nunez is charged with two misdemeanors. Count 1 is use of camera without consent. Count 2 Annoy/Molest a child under 18 years.

On March 6, I did this post. According to both UnderSheriff William Honsal and confirmed below by Sgt. Jesse Taylor,

"This case is wrapping up and I have identified a suspect.  The case is being forwarded to the DA’s Office for charges.  The identity of this person won’t be revealed until the DA decides to file charges."

This link has posts from Kym Kemp, who first reported the story.

 http://kymkemp.com/2016/02/24/upskirting-case-moves-to-the-district-attorneys-investigators/

Preliminary hearing vacated for Humboldt Hill shooting suspects, Tuel brothers

After intervention yesterday, the preliminary hearing scheduled on July 5 for the Tuel brothers, Broc and Colt was vacated.

A disposition and reset hearing is scheduled at 2 p.m. on July 25.

Two police cars on 4th and I, no need to be alarmed, why?

Just a guy driving without a license. EPD took care of it. 




Jun 29, 2016

No bail for man allegedly banished by bar staff who then vandalized the business




On 06-29-2016 at approximately 0055 hours, Deputies were dispatched to Dick's Place located in the 45000 block of Main Street in Mendocino for a report of vandalism.  After Deputies arrived, James Herriot was identified as suspect to the vandalism.  Herriot left the location prior to the Deputies arrival.

Deputies learned that Herriot had been banished from the establishment by staff as a result of his unwanted behavior.  Herriot remained outside the establishment after being told to leave and was contacted again by employee Patrick Harmon.  Harmon asked Herriot to leave the location and Heriot made an overt attempt to physically assault Harmon without success.  Herriot then produced a ceramic bottle and struck one of the establishment's windows, causing it to break.  Herriot then swung and struck Harmon in the upper body with the same bottle, causing minimal injury.

Deputies located Herriot a short distance away and arrested him without incident.  Herriot was confirmed to be on active felony probation and CDC parole and ultimately transported to the Mendocino County Jail where he was held with no bail.

Who will prevail in Round 2 of Leo Sears vs Greg Dale?



Today, Judge Dale Reinholtsen heard arguments from both sides in the Greg Dale versus Leo Sears lawsuit.

Judge Reinholtsen took the matter under submission and he has 90 days to issue a ruling.

A first amended complaint had been filed in April by Mr. William Bertain, attorney for Leo Sears.

A demurrer to the first complaint and a motion for hearing to strike portions of the first amended complaint were filed in response by Mr. Paul Brisso, attorney for respondents Greg Dale and other Humboldt Bay Harbor Commissioners.

Mr. Bertain filed an opposition.

No other media was in court. Mr. Sears, Mr. Bertain and Mr. Brisso were the only ones present today in court.

A case management is scheduled on July 26.

I will have another post summarizing details of arguments.

Previous posts:

http://johnchiv.blogspot.com/2015/10/leo-sears-filed-conflict-of-interest.html?m=1
http://johnchiv.blogspot.com/2015/10/i-really-want-to-avoid-this-lawsuit-leo.html?m=1
http://johnchiv.blogspot.com/2015/11/fppc-opens-investigation-into-leo-sears.html?m=1






Man arrested for alleged mischief and assault with a deadly weapon






    
On June 28, 2016, at about 9:32 p.m.., Officers with the Eureka Police Department responded to the 300 block of West Del Norte Street for the report of a disturbance involving a man breaking a window.

Once on scene, officers found a male victim bleeding from his forearm.  The victim reported that he was stabbed in the arm after confronting a male who threw a bicycle frame through the front window of his apartment. The victim was transported to the hospital by ambulance with a non-life threatening stab wound to his arm.

The victim positively identified the suspect from a photo lineup as Destry Girard, 43 of Eureka.  It appears Destry threw the bicycle due to recent arguments over a female.  Officers issued an arrest warrant for Destry for assault with a deadly weapon and malicious mischief.  Destry also has an unrelated warrant for resisting arrest.  



   


Kirby Bay, in a wheel chair, served with restraining order, bail/OR hearing tomorrow

Kirby Bay, in custody, was arraigned this afternoon in Courtroom 4. Deputy District Attorney Jackie Pizzo was present for the People.

He looks different than this photograph. He has no beard and today in court, he was in a wheel chair.

When asked about his income by Judge Timothy Cissna before appointing a public defender, Bay responded, "100% disabled vet on a fixed income."

He was polite to the Judge but before his case was called, he looked around the court staring dismissively at people in the audience, with a stare that seemed like he couldn't care less.

Bay was served with a CLETS protective order. Conflict Counsel's Mr. David Lee was appointed for Bay. Pleas of not guilty were entered, time not waived.

An OR/Bail hearing is scheduled for tomorrow at 2 p.m. Preliminary hearing is on July 13.

Jun 29, 2016


Alleged stalker, Kirby Bay, from Fortuna to be arraigned this afternoon


Kirby Bay is scheduled to be arraigned today at 1:29 in Courtroom 4.

Jun 27, 2016


$150,000 bail for Kirby Bay just arrested, being booked at jail right now

Kirby Bay being booked into Humboldt  County jail at 8:15.

Bail at $150,000.

In the complaint filed by the DA, he is charged with a felony in Count 1, stalking. The victim in the complaint is listed as Megan Smith, and that Bay put her "in reasonable fear of her safety and the safety of her immediate family."

Count 2 is also a felony, Bay is charged with "unlawfully threatening to commit a crime which would result in death and great bodily injury to Megan Smith."

Jun 27, 2016


FOPD arrests man with active felony warrant for alleged criminal threats and stalking

Fortuna Police Department has arrested
 Kirby Bay.

Operation Safe Streets confirmed the news and said, he was arrested at his house.


Jun 24, 2016


Help Fortuna Police Department locate this alleged stalker and suspect claimed to have made criminal threats

Wanted: BAY, Kirby Mark.

This is someone with a felony warrant Fortuna PD is looking for.  He is on both FOPD and the online HCSO warrant list. Because of the nature of the warrant,  this information was shared by Operation Safe Streets and I am also posting the information (criminal threats and stalking 646.9 PC) in the hopes this person is located.  If you see him, please let FOPD know, 725-7550 or call 911, do not approach or attempt to apprehend him.

To see a full list of active Humboldt County warrants, visit www.humboldtgov.org/2215/Warrants

Lakeville Highway closed due to major traffic collision

From Senator Mike McGuire:

CHP - SANTA ROSA: Collision - Lakeville Hwy is closed between SR-116 / Stage Gulch and SR-37 due to a Major traffic colllision

Man arrested for alleged criminal threats, robbery and asault on F street, $50,000 bail

On Monday, June 27, 2016, at about 5 p.m. Humboldt County Deputy Sheriffs responded to the 3700 block of F Street, Eureka, CA, for a report of a robbery. Upon arrival, Deputies met with a 21 year old male victim. The victim told Deputies he was parked in the 3700 block of F Street when a male suspect got into his vehicle from the passage side and put a knife to his neck. The victim told Deputies the suspect ordered the victim to give him all of his money or he would kill him. The victim then gave the suspect some cash and the suspect fled on foot. The victim gave Deputies a detailed description of the suspect.
Deputies searched the area and were able to locate the suspect in the 3900 block of F Street. The suspect was positively identified as 25 year old Marcus Lee Hills. Deputies confirmed Hills was the same suspect responsible for the robbery.
Hills was arrested for robbery, criminal threats, and assault with a deadly weapon. He was taken to the Humboldt County Correctional Facility where he was booked on the above listed charges. His bail was set at $50,000.




Alleged stalker, Kirby Bay, from Fortuna to be arraigned this afternoon


Kirby Bay is scheduled to be arraigned today at 1:29 in Courtroom 4.

Jun 27, 2016


$150,000 bail for Kirby Bay just arrested, being booked at jail right now

Kirby Bay being booked into Humboldt  County jail at 8:15.

Bail at $150,000.

In the complaint filed by the DA, he is charged with a felony in Count 1, stalking. The victim in the complaint is listed as Megan Smith, and that Bay put her "in reasonable fear of her safety and the safety of her immediate family."

Count 2 is also a felony, Bay is charged with "unlawfully threatening to commit a crime which would result in death and great bodily injury to Megan Smith."

Jun 27, 2016


FOPD arrests man with active felony warrant for alleged criminal threats and stalking

Fortuna Police Department has arrested
 Kirby Bay.

Operation Safe Streets confirmed the news and said, he was arrested at his house.


Jun 24, 2016


Help Fortuna Police Department locate this alleged stalker and suspect claimed to have made criminal threats

Wanted: BAY, Kirby Mark.



This is someone with a felony warrant Fortuna PD is looking for.  He is on both FOPD and the online HCSO warrant list. Because of the nature of the warrant,  this information was shared by Operation Safe Streets and I am also posting the information (criminal threats and stalking 646.9 PC) in the hopes this person is located.  If you see him, please let FOPD know, 725-7550 or call 911, do not approach or attempt to apprehend him.

To see a full list of active Humboldt County warrants, visit www.humboldtgov.org/2215/Warrants