Sep 17, 2016

"Not a single person is in a California prison convicted solely of MJ possession"

Truckee Police Chief Adam McGill tweeted:

Fact:  Not a single person is in a California prison convicted solely of MJ possession. Source: CA Dept of Corrections

" City has not received a formal complaint regarding this issue so, she cannot opine either way since no formal investigation has been conducted into the alleged conduct."

Austin Allison

So, do some of typical "investigative, left leaning" media, say NCJ and LOCO and anonymous left leaning blogs only seem to care about Brown Act Violations when it is Janelle Egger claiming so or it suits them?

Austin Allison still has not sent any statement, press release to me but that is not a surprise. He has been duly prepped by his backers, most the same as Allen McCloskey backers, only to talk to certain media. You know the ones who will only ask him "convenient" questions.

Where is the huge concern when three Eureka City Council members actively participated in signature gathering for Austin Allison? They are free to endorse or sign any signature gathering form but three City Councilmembers were in the City Hall lobby while Allison and others were actively recruit signatures. North Coast Alliance sent a facebook post asking people to show up to sign his form. Linda Atkins who is a member of HCDCC, Progressive Democrats and a City Councilmember has way too many overlapping interests to claim she is unbiased and should be ashamed of her blatant attempt to stack the council with someone who decided to run after McCloskey dropped out last minute?

They were seen by me, others, including LOCO's Ryan Burns in the lobby that afternoon as Austin Allison sat with Allen McCloskey behind a City Hall desk.

They were in the lobby when I arrived that afternoon; they were in the lobby when others arrived after me, and they were in the lobby when I left around 5 p.m..

So why were these three City Councilmembers there with the other supporters gathered calling on phones, ushering in people to sign Austin's form? On City property? It's not as if they wandered by unexpectedly and signed his form. They owe the public some answers, whether a formal complaint has been filed or not.

THC and I don't always agree but they raise good points in yet another post about Allison.

Unlike THC or anyone else, I contacted Eureka City Clerk Pam Powell and City Attorney Cyndi Day Wilson on September 2 with these three questions:

Three council members were present, recruiting people. People were calling from City Hall while signatures were being gathered

1. Three Councilmembers, Brown Act violation?
2. Isn't it illegal to campaign on public property?
3. If this is not considered campaigning, why?

City Clerk Pam Powell told me she was going to look into it and that the City Attorney was also going to get back to me.

Yesterday, I received this email response:


Thanks for your patience, Cyndy says the City has not received a formal complaint regarding this issue so, she cannot opine either way since no formal investigation has been conducted into the alleged conduct."

Once again AT and T is back before the Board of Supervisors

Tuesday meeting agenda item.

AT&T Presentation on Connect America Funds and North Coast Resiliency Plan
(Supervisor Bohn)

Sep 16, 2016

EPD detains two on Fourth street between C and B live report from North Coast News

North Coast News's Danielle Radin is live on facebook.

Two people, a man and woman detained. A brown Chevrolet pulled over. According to the live report, police had guns drawn on the Chevy, put both the man and woman in cuffs and searched the car.

On Danielle Radin's live video from the scene, you can see two police cars in front of the Chevy.

No one else has reported on this, yet.

Updated post from Danielle Radin: incident was a misidentification of someone brandishing a handgun. The two people detained are released.

Betty Chinn's family and grand child attend homeless foundation family shelter opening

Elected officials, business leaders, priests and representatives from the Catholic Church  and Catholic Charities and community members were at the Betty Chinn Homeless Foundation Family Center on 6th and C this afternoon for a preview given to donors.

Each family will have their own case manager. Food will be cooked next door and then brought over.

Fr. Tom Diaz, pastor of St. Bernard's and Sacred Heart Church made  brief remarks and gave a general prayer. Pastor,Dan Price and Betty Chinn Center Board Member spoke.

Representatives from the Episcopal Church also attended. Joseph Hale, was there representing Temple Beth El.

Congressman Jared Huffman, John Driscoll, Hon. Judge Marilyn Miles, DA Maggie Fleming, Eureka Police Chief Andy Mills, Fire Chief Gillespie,  DHHS, City and County officials.

(More photos and video on Words Worth facebook page)

We get to see the donors pictured but here is a chance to see the hard working employees of businesses that helped Betty's second project become reality

Last October, I reported on Betty Chinn's second project to help the homeless community.

Today, donors will get a preview of the completed project and tomorrow the public will get a chance to tour the facility. I will have a post and photos later today but I thought why not take some pictures of the hard working folks getting the facility ready and those that have worked so hard to make Betty's vision a reality.

Pictured below are photos from this morning, with two hardworking employees of Kramer's Properties.

Previous posts:

Sep 15, 2016

Wrongful death suit by Joe Kitchen?

In one of my posts today, I noted that Mr. Zach Zwerdling of Zwerdling, Bragg and Mainzer and Firpo was siting with Joe Kitchen, his son and other family. Looks like he will be the lawyer representing the Kitchen family's interests in the criminal case.

I mentioned Mr. Dustin Owens, who is representing Joe Kitchen in his family law case.

Zwerdling, Bragg, Mainzer and Firpo are a civil litigation firm. Maybe a wrongful death suit after the criminal case has concluded? Or filed now?

 Mr. Zwerdling responded he is not at liberty to discuss this at this time .

Jonas Semore motion for new trial denied; sentenced 15 years to life for 2nd degree murder of David Ganfield

Motion for new trial denied; request to continue sentencing denied.

Jonas Semore sentenced  15 years to life in prison for second degree murder of David Ganfield.

Semore has 491 days custody credits; not entitled to good time credits.

After CHP investigation, it was determined that Marcia Kitchen ,"was in fact the driver of the jeep when it struck two pedestrians, one being her daughter."

Statement of probable cause prepared by Humboldt County DA Investigator Adam Jager states that:

"After a lengthy investigation," it was determined that Marcia Kitchen ,"was in fact the driver of the jeep when it struck two pedestrians, one being her daughter."

It outlines the following reasons for this determination: she is the registered owner; the jeep was located concealed at her residence; the Jeep's driver's seat was adjusted for someone of her stature and there is physical evidence that the Jeep struck the victims.

The statement also says a witness described the Jeep Wrangler fleeing the scene of the collision; another witness alleging Kitchen showed up in that Jeep after the collision; CHP officer Chase Adams and other law enforcement seeing Kitchen show up at the scene of the collision in another vehicle ten minutes later and that she was "extremely intoxicated."

Right after court hearing, Marci Kitchen walked out with one her attorneys, went across the street

Intervention Sept 29, October 6 Prelim Kitchen,waived time, both 10 and 60.

People only waived 10 day. Deputy District Attorney Stacey Eads is prosecuting the case.

Mr. Patrik Griego's office, one of Kitchen's attorneys. Mr. Benjamin Okin is her other attorney.

Dressed in a black top, grey slacks, Marcia Kitchen answered "yes" in a soft spoken voice twice, in response to Judge Hinrich's questions.

Marci Kitchen walks in courtroom before it is open with her attorney

This afternoon, Marcia Kitchen will be arraigned on the following charges:

Count 1 Vehicular manslaughter without gross negligence; Jane Doe # 1 and Jane Doe #2 with special allegation that she fled the scene and a second special allegation that she caused great bodily injury to Jane Doe #2.

Count 2 Driving Under the Influence of an alcoholic beverage causing injury with special allegation of great bodily injury to Jane Doe #1. It is alleged in the complaint filed that the brain injury caused Jane Doe #1 to become comatose and suffer paralysis. Second special allegation that is alleged is that Kitchen caused great bodily injury or death to Jane Doe #2.

Kitchen is being represented by Mr. Benjamin Okin.

Faith Tsarnas' family is here. Joe Kitchen and family are here with their lawyer, Mr. Zachary Zwerdling. Mr. Dustin Owens is representing Joe Kitchen in the family lawsuit.

Marci Kitchen walked in before the courtroom foyer before the courtroom was opened to the public with her other lawyer Patrik Griego.

 Mel Pearlston, Josh Pearlston father was in Courtroom 5 for the arraignment but he could have been there on other cases for clients.

Judge Joyce Hinrichs denied all media requests submitted so getting a photo in court will be not be possible. Since you cannot film on the second floor at all, and I put in a request for that too, will try and catch Marci Kitchen elsewhere in the Courthouse.

Kudos to KIEM for getting video of Kitchen leaving the courthouse. And TS' Jose Quezada for the photo of Kitchen exiting the Courthouse.

Recent and related posts:

Ramey warrant for Marci Kitchen signed by Judge Dale Reinholtsen

See for yourself all the charges against Marci Kitchen in the complaint filed

Pictures speak louder than words. This is the complaint that Marci Kitchen will be arraigned on today

Bail for pc 191.5 (b) is one hundred thousand, Marci Kitchen's bail was $750,000

Will have more as shortly this morning on her case.

CHP is forwarding all media requests to the DA's office.

(Facebook photo)

Sep 14, 2016

Marci Kitchen turns herself in; arraignment tomorrow

Marci Kitchen turned herself in, was booked and just bailed out. She will be arraigned tomorrow at 1:30 p.m.

Bail was $750,000.

(Facebook photo)

According to the jail reports, available this morning, she was arrested on  Ramey warrant for gross vehicular manslaughter while intoxicated.

I will have the charges for arraignment and a copy of the Ramey warrant, as soon as I can get it this morning.

Rita's on 5th street is the safest place to eat dinner this evening

Good food, good cause.

I decided to support EPD and get a good meal. You can do takeout too.

EPD's Terry Liles,  Brittany Powell and Sgt. Shawn Sopoaga are here alongwith rest of the celebrity servers are mentioned below.

Celebrity servers got to eat first, get interviewed by KAEF and KIEM.

Will post video in a bit.

First they had to come back almost two months later for sentencing; now David Ganfield's family has to deal with a last minute filing for a motion for new trial for Jonas Semore

On July 27, the family of David Ganfield thought they would get some closure. Jonas Semore who has been convicted in the death of Ganfield was to be sentenced.

Instead Semore's attorney, Mr. Russ Clanton, made an oral motion in court and told Judge John Feeney that he had received the probation report "Friday afternoon" and was not prepared and requested additional time.

Deputy District Attorney tried his best to get the sentencing to proceed that day. Ganfield's family members, especially his mother had to had travel from out of town, all members at great financial expense to make the sentencing.

Mr. Rees said, "I was out of the office until 20 minutes ago and I came back specifically for this sentencing. This date was set two months ago and no written motion was filed. This is a mandatory sentence, 15 to life. There are no mitigating factors."

That sentencing was postponed to September 15. Now in addition to having to come back and wait for sentencing, Ganfield's family will have to sit through tomorrow to hear a motion for a new trial filed by Mr. Clanton on September.

I have remarks from July 27 when family members spoke. I will include them in tomorrow's post covering the sentencing and ruling on motion for new trial.

The co-defendant, Nicholas Johnson, has a jury trial scheduled for November 17.

Previous post:

There is extensive coverage of the preliminary and jury trial on this blog.

$160,000 bail set in Cody Wuillmier's most recent case

Cody Wuilmier was arraigned this afternoon in Courtroom 2 on the following charges for his 2016 case, bail set at $160,000 for his most recent felony case.

In his most recent case, Count 1 is Felon in possession of a firearm; a .38 special. Count 2 Person prohibited in possession of ammunition; Count 3 Possession of a Controlled substance, heroin; Count 4 Possession of a Controlled Substance armed with a firearm; Count 5 Carrying a loaded firearm in a Public Place and Count 6 Obstructing/Resisting a Police Officer. Counts 1 through 4 have two special allegations each; that Wuillmier committed these felonies while out on bail/OR.

Three cases were on calendar, in addition to the most recent 2016 case, one from 2014 and another from 2012. In both cases, a second amended petition to revoke probation was filed. He was on misdemeanor probation in both these cases and released on his OR.

Since he already had dates set, intervention for all his cases will be on September 19; Preliminary hearing on September 22.

Deputy District Attorney Brent Kling is prosecuting the case. Conflict Counsel's office was appointed. Mr. Marek Reavis was present with Wuillmier at arraignment today.

"It is difficult to comprehend why a mother would do this"

A preliminary hearing was held this morning for Ewa Misztal, the 28 year old woman charged with alleged assault on a child causing death.

Misztal was held to answer on the charge.

Arraignment on information is on September 27.

Detective Sgt. Todd Dokweiler and another APD officer testified for the People. Deputy District Attorney Stacey Eads is prosecuting the case. Public Defender Mr. Casey Russo is representing Misztal.

"It is difficult to comprehend why a mother would do this", DDA Stacey Eads said in her closing remarks before Judge Feeney made his decision.

Mr. Russo argued that there was insufficient evidence to hold his client to intentional assault; he also brought up a pre existing condition.

In her response, Ms. Eads said, "These are not accidental bumps." She said that the evidence presented in the preliminary hearing and the photos showed that the injuries to the 7 week child were due to substantial force. The blows to the head were not trauma caused by falling on a hard surface, said Ms. Eads.

Sep 13, 2016

Larry Glass, Democrat of the Year

For those who defend polluters, those who leaves syringes and needles all over town, take them to your house

Remember the post I did about a syringe found in Old Town full of blood.

And a while back about trash and other garbage near Second Street between 3rd and I.

Here is a link to Operation Safe Streets post and the video.

Jury trial for Christopher Renner charged with alleged sexual abuse of a male minor starts next Monday

Del Norte DA Dale Trigg confirmed that the jury trial for Christopher Renner starts next Monday.

Text of entire complaint:




(d.o.b. 08/09/1958),

Case No. CRF 16-_______


I, the undersigned District Attorney of Del Norte County, based on information and belief, hereby allege that Defendant did, in the Del Norte Judicial District, County of Del Norte, State of California, commit the following crimes:

violation of Penal Code §288.5, a felony.

      On or about and between June 3, 1997 and June 3, 1999, the Defendant did willfully, unlawfully and lewdly engage in three or more acts, with more than three months passing between the first and last acts, of substantial sexual conduct or lewd or lascivious conduct with a child under the age of 14 years, John Doe, d.o.b (date removed for blog), who was between the ages of five and seven years old at the time, while the Defendant 

Budget Motel inspection just completed, POP team provide security for City, County and Fire Department

City of Eureka, Humboldt Bay Fire and the County Department of Public Health just finished their inspection at the Budget, Acting City Manager  Pam Powell told me.

The POP team provided security for the inspection and EPD assisted with arrests. (See post below).

A press release will be out later today.

Press Release:

On Tuesday morning at 8:00 am the City of Eureka, with assistance from the County of Humboldt Division of Environmental Health and Humboldt Bay Fire, served an inspection warrant issued by the Superior Court on the Budget Motel located at 1140 4th street.

The purpose of the warrant was to document violations of the Eureka Municipal Code and other regulations intended to protect life, health, safety and property. Due to recent levels of criminal activity at the Budget Motel, which has amassed more than 200 calls for service in the last twelve months,

City and County inspectors were accompanied by officers from the Eureka Police Department to ensure that a thorough inspection of the property could be completed safely. In excess of 100 health and safety code violations including missing plumbing fixtures, building code violations and an infestation of cockroaches and bedbugs were documented.

The City of Eureka has received numerous complaints from tenants who are staying at the motel. The motel remains open at this time and tenants have not been displaced. The city is currently evaluating the nature and extent of the violations and determining the best path for resolution.

Inspection warrant served on Budget Motel; EPD, City of Eureka, Humboldt Bay Fire and County on scene; arrests made

This is a photo from yelp:

These are photos I took at the last "incident" at the Budget.

According to EPD PIO Brittany Powell, The "City of Eureka is serving an inspection warrant with the assistance from the County of Humboldt Division of Environmental Health and Humboldt Bay Fire.  Due to the levels of criminal activity at the motel, officers with the Eureka Police Department are on scene to ensure that a thorough inspection of the property is completed safely. 

A few outstanding warrant arrests have been made. "Details will be available later.

Fire and safety code violations being assessed.

Deputies responding to man saying he was holding two burglary suspects at gunpoint, find no suspects, arrest guy for alleged posession of meth and firearm

On 09-09-2016 at about 11:00 A.M. Mendocino County Sheriff's Deputies were dispatched to reported burglary in progress in the 1300 block of Highway 175 in Hopland, California.

Deputies were advised the reporting party, Bobby Fackrell, was holding two suspects at gunpoint near the side of the roadway.

Deputies arrived at the location where they contacted Fackrell standing outside his parked vehicle. Fackrell advised there were two persons currently inside his vehicle attempting to burglarize it.

Deputies did not locate any persons in Fackrell's vehicle or around the area.

During the investigation, Deputies determined Fackrell was in possession of a firearm while under the influence of a controlled substance and in possession of a controlled substance (methamphetamine).

Fackrell was ultimately arrested and booked into the Mendocino County Jail where he was held in lieu of $20,000.00 bail.

60 year old arrested for alleged possession of 10 inch dirk/dagger

On 09-10-2016 at approximately 9:34 AM Mendocino County Sheriff Deputies contacted Rocky Boccaleoni who was walking along the roadway in the 45000 block of Highway 101 in Laytonville, California.

When the Deputies contacted Boccaleoni they observed a hatchet lying next to Boccaleoni's feet.  After further investigation Deputies discovered that Boccaleoni had an approximately 10 inch dirk/dagger concealed in his clothing.

Boccaleoni was arrested for possession of a dirk or dagger and booked into the Mendocino County Jail where he was held in lieu of $15,000.00 bail.

Victims of double Hyampom homicide from Samoa and Eureka

The two decedents from the Hyampom homicide have been positively identified as Michael David Sims, 47 years old from Samoa, Ca, and Lawrence O’Connor, 56 years old from Eureka, Ca. Autopsies have been performed and revealed the cause of death of Sims and O’Connor to be gunshot wounds.

Man arrested for indecent exposure outside CVS in Arcata

From Arcata Police Department dispatch on September 12:


Sep 12, 2016

Jamael Lowery to be charged with two counts of assault with a deadly weapon, assault on a Peace Officer with a deadly weapon, brandishing, vandalism and resisting arrest

On September 12, 2016 at approximately 1:21 p.m., Officers from the Eureka Police Department were dispatched to the vicinity of Harris and S Street on a report of a physical fight between a man and a woman.  As the incident progressed the male suspect vandalized two vehicles with a large knife then became involved in a verbal altercation with several citizens that turned physical when he tried to assault two of them with the knife.

Man attacks EPD officer with knife

Chief Andy Mills: Man Attacked EPD officer w knife in death wish.  Less lethal deployed man lives. Damn good policing.

This was at Harris and N.

Captain Steve Watson's tweet:

Less lethal options + capable leadership & training + de-escalation mentality=lives saved. Fantastic job by officers

Death of Hoopa resident Omar Thunder Dean being investigated as a homicide

On Friday, September 9, 2016 at about 9:00 p.m. Humboldt County Deputy Sheriffs responded to a residence on Shoemaker Rd in Hoopa for a report of a physical altercation. Emergency medical personnel were first to arrive on scene and located an unresponsive male. Shortly thereafter, the unresponsive male was pronounced deceased by medical personnel. Deputies, Detectives, and a Coroner arrived on scene to investigate. This case is currently being investigated as a homicide.

The decedent has been identified as 36 year old Hoopa resident Omar Thunder Dean, IV.

An autopsy has been scheduled for Saturday, September 17th.

Anyone with information for the Sheriff’s Office regarding this case is encouraged to call Detective Musson at (707) 268-3643.

DA's office newest DDA Luke Bernthal joins the team; 17 full-time attorneys at DA'soffices now

Told you a while back to look out for another new hire. Ran into DA Maggie Fleming the day she was interviewing.

Press Release:

Today, Humboldt County District Attorney Maggie Fleming announced the hiring of Deputy District Attorney Luke Bernthal. Mr. Bernthal, a graduate of UC Santa Cruz and UC Berkeley Boalt Law School, interned with the United States Department of Justice, and the San Mateo and San Francisco District Attorney offices before joining the Contra Costa County District Attorney’s Office as a Deputy District Attorney. In three years in Contra Costa County, he handled both misdemeanor and felony cases and also worked in the juvenile justice unit. Here in Humboldt County, Luke will be assigned a general caseload of felonies and misdemeanors.

The DA’s Office now has 17 full-time attorneys, with 3 of those positions funded by Measure Z.

"It was not the first choice of either side"; instead of second jury trial, Charles Cole pleads guilty to animal abuse in one case, simple battery in another case

A second jury trial was scheduled this morning for Charles Cole for his animal cruelty case. Insread he plead guilty to a misdemeanor; animal abuse. In his other case, he plead out to a PC 242; simple battery.

"It was not the first choice of either side," Cole's attorney, Mr. Kaleb Cockrum told me. The resolution is what a juror had suggested after the first trial, said Mr. Cockrum.

Cole will be supervised. Part of the terms of his probation are anger management classes and dog obedience classes. If he complies with the terms of his probation, there will be a "structured release" of his dog, said Mr. Cockrum. There are also terms of probation in place for the protection of Cole's dog.

Sentencing is on October 20.

Sep 11, 2016

No rest for EPD today; alleged shots, traffic collisions, threats, Humboldt's typical day

The morning starts out with reports of shots allegedly fired near Buhne and C, while EPD assists with an alleged traffic collision near the intersection of Elk River and Herrick Road this evening, just a few minutes ago someone calls near 7th and N saying her adult son is allegedly brandishing a knife and making threats.

And these are the ones that jump out in scanner reports. They are not all the reports.

Syringe full of blood found near a business in Old Town

Operation Safe Streets posted and shared this photo. OSS found it at 3rd and H.

What if someone had stepped on this, especially a child, a pet?