Sep 24, 2016

Red carpet to the entrance of Boys and Girls benefit, "Night of 4,000 stars"

9/25 update from Executive Director Liz Smith; total raised $55,000.

Businesses, community members, elected officials are at 901 Myrtle Avenue for a benefit for the Boys and Girls Club of the Redwoods.

Supervisor Rex Bohn is the auctioneer.

Sep 23, 2016

Looks like Kushwaha didn't learn his lesson with the Green Valley motel being shut down 3 years ago

Besides the Budget Motel in Eureka, Ravindra aka David Kushwaha had another motel shut down in 2013.

Wouldn't talk to media then; wouldn't talk to media now except today to whine about alleged conspiracies about Danco and the City and suing the City of Eureka.

He didn't come up with the money then; he did not now.

The shut down in 2013 was a County action since it was Green Valley motel in Orick.

Story at:

If anyone should be sued, it should be Kushwaha by the taxpayers.

He made people living at his two motels lose their homes, he had no problem taking rent checks for years  and expecting people who had little choice live in disgusting and dangerous conditions or over using up City and County resources, especially police for one property, the Budget.

If Peter Martin was really a champion for the downtrodden, he would have sued Kushwaha, and offered his services pro bono. No easy money here, so Martin passed on this "cause."

"The physical structure is only part of the problem; this has become a hot spot in Eureka for crime and disorder"; Budget motel is being boarded up room by room

"The physical structure is only part of the problem; this has become a hot spot in Eureka for crime and disorder," said EPD Captain Steve Watson. Not all, but a number of people who are living at the Budget are the problem, said Captain Watson.

"We are just standing by to make sure things go peacefully," said EPD Captain Brian Stephens.

Over 2,000 Commercial Cannabis Activity Registration forms filed with County prior to August 23 deadline

The Planning & Building Department - Cannabis Services Division is excited to announce the receipt of well over 2,000 Commercial Cannabis Activity Registration forms submitted prior to the Aug. 23 deadline. This impressive and encouraging initial response is due in large part to partnerships and outreach by numerous state agencies and local organizations, non-profits, and consulting firms who were instrumental in helping mobilize and educate Humboldt’s medical cannabis farmers and patients.

Sep 22, 2016

Budget Motel process of relocating tenants to start tomorrow after 8 a.m

City just sent out a press release. The rest of the information already covered in earlier posts.

Citing public safety concerns and the horrifying experience of the 12 year old student, People request and are granted no bail for Dylan Wilson

More disturbing details emerged at the arraignment of Dylan Wilson this afternoon about his alleged encounter with the female minor on the path to Arcata Elementary school.

Besides court staff, attorneys, victim witness representatives, no one besides me was in the court for Wilson's arraignment.

A sullen Wilson walked into Courtroom 5 this afternoon. He looked down as Judge Joyce Hinrichs read the charges against him.

When Judge Hinrichs asked if he needed an attorney to represent him, Wilson loudly snapped, "Yeah."

Deputy District Attorney Stacey Eads who is prosecuting this case requested no bail.

Ms. Eads said the People had public safety concerns. "A child is the victim. While she was walking to school, he looked at her. They made eye contact. He grabbed her, proceeded to pull down her pants as well as her panties and was on top of her. She yelled as loudly as she could. She tried to push him away. She was unsuccessful."

Dylan Wilson who allegedly assaulted 12 year old at Arcata Elementary charged with two felonies

Dylan Jackson Wilson is scheduled to be arraigned  this afternoon for his 2016 case. His 2015 and 2014 cases are also on calendar.

In his recent case, he is charged with two felonies. Count 1 Forcible Lewd  Act Upon a Child and Count 2 Assault with intent to commit a felony on a victim under 18; " intent to commit rape, sodomy and oral copulation" is alleged in the complaint.

Charges are slightly different than what he was charged with when he was booked.

Wilson is the man who allegedly assaulted a 12 year old at Arcata Elementary earlier this week.

Judge Reinholtsen rules in favor of the City of Eureka over Budget Motel owner

Just in...

Judge Dale Reinholtsen ruled in favor of the City of Eureka.

The City will be issuing a press release later today.

For details of City Attorney Cyndi Day-Wilson's argument, please refer to the post below. Clearly, Judge Reinholtsen agreed with the City of Eureka.

Mf. Carlton Floyd said he had no comment.

Here is a Judge Reinholtsen's ruling:

With over 100 open violations in 2011; 348 violations now in 2016; City of Eureka outlines the deplorable conditions, including case laws and civil codes why Budget request should be denied

"This owner had had more than a fair shake" said Eureka City Attorney Cyndi Day Wilson. "The City has a long history with the Budget motel."

Ms. Day-Wilson mentioned that the City has been tracking this property since 2006. "There are currently nine outstanding cases dating back to June 10, 2010."

Disputing that the owners had not received notice, Ms. Day-Wilson cited many dates from 2011 to 2014, prior to the recent notice that had been served on the Budget Motel informing them of the issues.

There were over "100 open violations" cited in 2011.

Should the owners of the Budget be given 45 more days they are asking for or should the City of Eureka be allowed to proceed; owners acknowledge issues

Judge Dale Reinholtsen opened this morning's hearing on "prohibiting the City of Eureka and its agents' from vacating tenants from the "premises of the Budget" motel had been submitted on behalf of the owners of the Budget by Mr. Carlton Floyd, their attorney.

"I was contacted by their (clients) office on Tuesday," said Mr. Floyd. "On Monday, they received notice that there were a large number of violations at the Budget and that the tenants would be evicted this morning. Prior to that the only notice they had received was a phone call from Brain Issa. As far as written notice in the last six months/a year, they had not received any," until this recent notice is what Mr. Floyd claimed his client told him.

"Mr. Kushwaha lives in Oxnard, CA; his assistant lives in Texas," said Mr. Floyd. "There have been various property managers and they have not relayed any messages regarding code violations."

"I am not here to argue there are violations; I'm sure there are. I am here to argue they be given a chance to fix the violations." Mr. Floyd said that the money for relocation benefits would be "better spent fixing all the issues on the property."

"The reason this is a huge detriment is because the City is requiring them to pay an upward of $60,000 in relocating fees."

"They have contacted an engineer who will in by Friday. A plumber that will be in by the week." They have contacted an electrician, said Mr. Floyd and they plan to immediately replace "all beds infested with bed bugs." They will install security cameras, he said.

Mr. Floyd said that the current manager had rented some rooms without the knowledge of the owner because the manager was unaware. "They have been vacated since yesterday."

"Outside engineering issues, my clients feel they can fix other issues in 45 days. They are willing to have the City check the progress every 48 hours. If they cannot fix these issues in 45 days, they won't fight the summary eviction and the City can go ahead."

In response to a question by Judge Reinholtsen about the plaintiffs acknowledging the issues, Mr. Floyd said that "the tenants are willing to work with the landlord so they have a place to stay."

Judge Reinholtsen to issue his ruling on whether City of Eureka can proceed at the Budget by noon

Yesterday, the owners of the Budget Motel in Eureka filed a last minute order to try and prevent the City of Eureka from closing down the motel which has 340 code violations.

Bradley Floyd is representing the Budget Motel owners Amanda and Ravindra Kushwaha. Only Ravindra Kushwaha was in court with another unidentified man. Budget motel manager Tiffany Taylor was also in court.

City Attorney Cyndi Day Wilson was in court. Eureka Police Chief Andy Mills, Humboldt Bay Fire Chief Bill Gillespie and two other HBF staff members, City Clerk Pam Powell, Chief Building Official Brian Gerving and City's Code Enforcement Program Manager Brian Issa were in court.

Gist was that Ravindra Kushwaha wants 45 days to have a chance to  fix issues and have people stay there and claimed the $60,000 in relocation expenses was a detriment.

City Attorney citing that there have been open violations since 2011 and that the owners had not fixed them, had plenty of time, and citing case law and civil codes why the TRO should not be granted along with highlighting the deplorable conditions and 348 current violations asked Judge Dale Reinholtsen to deny the request by TRO.

Judge Reinholtsen said he will have a ruling by noon today.

I am in the process of working on two separate post on both arguments, which I may finish before or after the ruling is issued today.

Times Standard, North Coast Journal and Lost Coast Outpost were also in court.

Yesterday's posts:

Sep 21, 2016

HCSO seeks your help locating male suspect wanted for alleged fraudelent use of credit cards in Trinidad and Mckinleyville

On August 17, 2016 a Humboldt County Deputy Sheriff patrolling the area of Trinidad was approached by two victims wanting to report a vehicle burglary.  The male victim told the deputy his vehicle had been broken into while they were hiking near the Trinidad Frontage Road.  The female victim’s wallet including various credit cards and driver’s license were stolen from the vehicle.

Temporary restraining order requested against City of Eureka's action to close Budget tomorrow

I just stopped by Mr. Bradley Floyd's office and spoke with his assistant.

She did verify a complaint for a temporary restraining order to stop the tenants from having to move tomorrow has been filed.

Once it is signed by a Judge, the City will be served.

I just checked the court records and court clerk's office right before they closed for the day. It is a restraining order to try stop the injunction. Was signed by Judge Dale Reinholtsen. Court hearing tomorrow at 8:45 a.m.

I will upload more photos of the basic complaint later today. I will have more details on the full complaint tomorrow since the clerk's office is now closed .

Plaintiffs are Amanda and Ravindra Kushwaha, owners of the Budget Motel. Defendant is City of Eureka.

(Please do not use photos without credit--see copyright information on home page)

One of the photos says electronic service, City Attorney Cyndi Day Wilson told me they do not accept electronic service, this was before lunch. As of 2:30, the City had yet not been served.

See the two posts below, including the original post with remarks from City Attorney Cyndia Day Wilson.

Tenants clean up rooms, some packing, about 10 cars still in parking lot

Just stopped by the Budget. Only few tenants cars around. Gave my card to manager Tiffany Taylor since I did not hear back from the owners, again to see if they want to make a statement .

Some tenants cleaning up the place, sweeping broken glass on the steps. Took photos without cars and any people.

Will the Buget Motel close tomorrow, maybe, maybe not

Off a tip I received right before lunch. No, the attorney is not Peter Martin, it is Bradley Floyd. Left him a message.

Checked the court computer and the civil clerk's office, complaint may have been filed but was not in the system yet.

Right before noon, City Attorney Cyndi Day Wilson confirmed a copy of a lawsuit had been sent but "the City has not been officially served."

Just saw DHHS Director Connie Beck outside the Courthouse on her way to a lunch meeting. She said they reached out to the tenants at the Budget, those that DHHS was already working with have been housed. Others have not yet sought out support from DHHS.

Female passed out on Fifth street refuses to provide a statement to EPD; says no crime occurred after BOLO initially issued

Regarding last night's medical call and BOLO that went out for attempted kidnapping for Ryan Lenahan.

I contacted EPD PIO Brittany Powell this morning.

"The male associated with the BOLO was contacted last night.  The female refused to provide a statement and said that no crime had occurred.  Whatever occurred between the two appears to have been consensual in nature. There was no kidnapping.  "

Sep 20, 2016

Check out BOLO suspect Ryan Lenahan's facebook page and profile photo

The BOLO was for Ryan Lenahan from EPD to all agencies. The  address and car information from scanner.

Here is a link to Ryan Lenahan's facebook page, lives in Rio Dell:

Besides the "classy" photo on his profile, shown below, according to a comment by him, he transferred his probation here from san mateo.

BOLO issued for attempted kidnapping suspect same time as woman dumped on 5th Street in Eureka

BOLO issued for attempted kidnapping suspect about an hour ago. Suspect vehicle out of Rio Dell.

Could it be related to the woman found on 5th Street taken to the hospital with lower half wrapped an hour ago?

Covering the lower half would seem consistent with preserving evidence. Maybe alleged rape?

According to Health and Safety Code, Budget Motel owners must pay relocation benefits for tenants; with 340 violations do they care ? City prepared to assist tenants

I just spoke with Brian Gerving who is Acting City Manager this week and he is the City of Eureka's Chief Building Official.

The Budget Motel, located on 4th Street in Eureka was recently inspected for code violations by the City of Eureka, the County and the Fire Department had 340 violations.

Late yesterday afternoon, the City of Eureka posted a notice informing the tenants that they had until 8 a.m. on Thursday to vacate the premises.

In that notice, it stated that according to the Health and Safety Code, the owner of the property was responsible for relocation expenses of the tenants.

The owners of the Budget Motel were informed regarding their responsibility about the relocation expenses today, said Mr. Gerving.

Mr. Gerving said because of the short time frame; the Code requires they owners pay the relocation benefits within 24 hours; the City is prepared to pay and recover the money from the owners  later.

The City will be meeting with tenants tomorrow or Thursday to follow -up.

The amount of the relocation expenses is $1,600 is based on $638 rent for a month plus utilities. Mr. Gerving said that the amount is calculated based on two months fair market rent, according to HUD; an additional amount is added for utilities which is determined by local jurisdiction.

The post will be updated if the owners respond.

Previous posts:

Dylan Jackson Wilson arrested in 2014 for alleged probation violation and burglary at Big Louis

A 2014 article in the Mad River Union had this information about Dylan Jackson Wilson, from an EPD Press Release:

On Saturday, March 1 at about 4 a.m., officers of the Eureka Police Department were dispatched to a burglary alarm at Big Louis Pizzeria.
Upon arrival, officers saw that forced entry to the business had been made, but the suspect was not on scene. Officers spoke to a witness who provided a description of the suspect and the direction the suspect fled.
Officers checked the area and located a subject matching the description, provided by the witness, a few blocks east of Big Louis Pizzeria.

Dylan Wilson arrested for alleged assault with intent to commit lewd acts on 12 year old on her way to school in Arcata

On September 20, 2016 at 7:45am, the Arcata Police Department received a report of a man, later identified as 28-year-old Dylan Jackson Wilson of Arcata, loitering on a footpath between Baldwin Street and Stromberg Avenue. It was reported that Wilson was seen in possession of a hypodermic needle. 

Within minutes of the first call, several 911 calls were placed to the APD reporting an assault and that Wilson was seen running from the area. 

Responding officers located Wilson hiding in a nearby backyard where he was taken into custody without further incident.

The subsequent investigation revealed that Wilson grabbed a 12-year-old child while she was walking along the footpath on her way to school. Wilson threw the child to the ground and was on top of her when a parent, who had walked past Wilson moments early, intervened. The parent had stayed in the area because she was suspicious of Wilson.

The child sustained minor physical injuries.

Wilson was booked at the Humboldt County Correctional Facility on the following charges:

Penal Code Section 220(a)(2) - Assault with Intent to Commit Lewd Acts on a Child
Penal Code Section 236 - False Imprisonment

Peace Parade and Tea tomorrow at Redwood Coast Montessori

Eureka Councilmember Kim Bergel spoke during public comment at this morning's Humboldt County Board of Supervisor's meeting.

She was there, on behalf of her friend, Terri Vroman-Little, the founder of Redwood Coast Montessori school.

Ms. Bergel invited the Supervisors to the Peace Parade and Tea from 9 a.m to 10:30 a.m. tommorrow. Ms. Bergel said "thousands of Montessori programs across
 six different continents" will participate in the parade.

This being held locally tomorrow to celebrate International Day of Peace.

NBC correspondent Kerry Sanders coming to HSU's Journalism Department for lecture series

NBC News Correspondent Kerry Sanders is coming to Humboldt State University as part of the Journalism Department's Hadley Lecture Series. Sanders is fresh off the campaign trail covering Hillary Clinton and Donald Trump at their party national conventions.

"Instead of complaining about the smell of cannabis, the people in Humboldt County will realize that is the smell of cultivating prosperity,."

KQED Newsroom features Prop 64  and Humboldt County taking the lead on cannabis cultivation.

"Humboldt County is the Napa of cannabis," says Patrick Murphy of Emerald Family Farms. "Instead of complaining about the smell of cannabis, the people in Humboldt County will realize that is the smell of cultivating prosperity,." Murphy says he has been cultivating since 16. Humboldt County Building and Planning's Steve Lazar talks about the permitting process. Scott Bauer talks about the environmental damage and effect on salmon.

More at this link : 
The cannabis feature is after the Colin Kapernick discussion.

Josh Pearlston a no show in family court, parties were close to resolution; now Kitchen criminal file requested for October 5 hearing

This morning Stephanie Pearlston was in court with her attorney, Mr. Michael Robinson.

Josh Pearlston was not present. His attorney Rory Hanson was in court.

Mr. Robinson told Visiting Judge Arnold Rosenfeld that the parties had been "substantially close to a tentative agreement"; however after seeing a written copy handed to them in court, Mr. Robinson said, "it calls the agreement in question."

The date of October 5 remain set
 If a resolution is not reached, Mr. Robinson requested that the criminal case file in Marci Kitchen's case be available that day in family court.

Sep 19, 2016

Will Stephanie Pearlston succeed in permanently banning Marci Kitchen being around her children; Josh Pearlston lawyers up in family law case

Tomorrow morning a pre trial hearing is scheduled for an October 5 hearing regarding an emergency coury order Stephanie Pearlston filed in August.
Mr. Michael Robinson is representing Stephanie Pearlston.

Since that emergency court order was filed Josh Pearlston is no longer representing himself but has hired Mr. Rory Hanson to represent him in this family law case.

A Suzanne Wren filed a declaration on behalf of Josh Pearlston on August 19.

Previous coverage at

Sep 19, 2016

Another 995 motion filed in the Jesus Garcia case; this time for Nicholas Leigl

Mr. Michael Acosta, attorney for Nicholas Leigl, has filed a 995 motion to dismiss charges against his client. Leigl is one of four suspects in the Jesus Garcia homicide.

That motion is scheduled to be heard on September 29.

The jury trial is scheduled for January 7, 2017.

A defense motion to dismiss the case against Mario Nunez, one of the four suspects was denied in August.

Previous posts:

Will Stephanie Pearlston succeed in permanently banning Marci Kitchen being around her children; Josh Pearlston lawyers up in family law case

Tomorrow morning a pre trial hearing is scheduled for an October 5 hearing regarding an emergency coury order Stephanie Pearlston filed in August.
Mr. Michael Robinson is representing Stephanie Pearlston.

Since that emergency court order was filed Josh Pearlston is no longer representing himself but has hired Mr. Rory Hanson to represent him in this family law case.

A Suzanne Wren filed a declaration on behalf of Josh Pearlston on August 19.

Aug 11, 2016

In an emergency court order, Stephanie Pearlston asks for Josh Pearlston to get limited visitation; requests Marci Kitchen not be allowed near her minor child and why

Stephanie Pearlston's request for child custody, visitation and temporary emergency court orders filed on August 4 request that, effective immediately, (if granted) that the respondent Josh Pearlston only be allowed visitation on Tuesdays and Thursdays from 2:30 to 4:30 p.m. and that "Marci Kitchen will not be present during visitation."

"That neither party shall make disparaging remarks about the other to or in presence of the minor child. Neither party shall discuss with or in the presence of the minor child court procedure or issues before the court."

That emergency order, photos of the documents and previous coverage at

If you cannot attend the AT and T presentation at the BOS meeting tomorrow; AT and T just sent me what they will be talking about

I just received this from AT and T:

"AT&T will meet with members of the community and elected officials at the Humboldt County Board of Supervisors. The session is to discuss the completion of network upgrades, which allow the network to be self-healing when a fiber cut occurs and will help protect phone and internet services for consumers and businesses in the North Coast from outages. The upgrades prevented widespread outages during the Clayton Fire in Lake County. AT&T will also provide an update on its build out of high-speed Internet services to over 141,000 rural, remote, and hard-to-reach California locations as part of the Connect America Fund. A letter from AT&T to regional officials is attached and provides details regarding the network enhancements."

Transient activities including trash and debris in a boarded up building cause of fire at 2nd and A

On September 19, at approximately 8:33 AM Humboldt Bay Fire responded to a commercial structure fire at Second and A Streets. The first arriving units found smoke coming from the roof of a vacant rail yard building at the location, and fire coming from windows on the west side of the building. 

Bystanders reported as many as a dozen people seen exiting the building prior to fire department arrival. While forcing entry into the building, fire personnel located a male occupant just inside the building. The uninjured occupant was directed out of the building. Crews attacked the fire, which consisted of trash and furniture, and controlled the fire within 15 minutes. Crews ventilated the building to remove smoke, and conducted a thorough second search to confirm no other persons were inside.

On day jury trial was supposed to start Christopher Renner plead guilty to continuous sexual abuse of male minor

Christopher Renner plead guilty in the day his jury trial was to start today in Del Norte.

According to a press release by Del Norte District Attorney Dale Trigg, Christopher James Renner (58) of Crescent City, pleaded guilty this morning to continuous sexual abuse upon a child under fourteen and admitted three special allegations for having substantial sexual conduct with the child, for use of force and that the statute of limitations for the crimes had not expired.  

Ivan Martinez Chavarin's case made the headline in 2015; guilty verdict for most counts in 2016 case; he changes plea to guilty in 2015 case

A jury came back with a  verdict of guilty in his 2016 case in the Ivan Martinez Chavarin case except for Count 2 and they did not find the special allegation true.

Chavarin had another 2015 case in which he entered a change of plea.

Sentencing for both cases is on October 6 at 4 p.m. in Courtroom 2.

The 2016 case was prosecuted by Deputy District Attorney Jackie Harkness. Conflict Counsel's Mr. Marek Reavis represented Chavarin.

Kade Chandler's ex friend who has filed a civil suit and only survivor of Hwy 36 accident testifies about the crash and finding Kendra not breathing and Savannah choking with Kade on top of her under truck

A preliminary hearing was scheduled for Kade Chandler this morning. It started today in Courtroom 1 at 10 and will continue this afternoon and possibly tomorrow morning.

Deputy District Attorney Roger Rees is prosecuting the case.

Defense counsel Mr. Benjamin Okin and Mr. Manny Daskal are representing Chandler; Mr. Okin was not available this afternoon.

There is a separate civil case yet not filed by a family member and Mr. David Nims was in court with the family. Another civil court case has been filed by Ms. Elan Firpo on behalf of Bradley Theumler. That case keeps having court management conferences scheduled. The next one is scheduled for December. Ms. Firpo was also in court today with Theumler and his mother.

Before the hearing started, Mr. Rees and Mr. Okin spoke with Judge Feeney at the bench about scheduling. Due to a DOJ witness not being available, his testimony will be continued and that date to schedule testimony was set for October 4 at 4 p.m. after the last witness, CHP Investigator Garth Gundersen finishes testifying.

Chandler waived his right to a continuous preliminary hearing for the testimony of the DOJ witness. Dressed in a plaid shirt and olive green pants, Chandler sat quietky next to Mr. Okin scribbling on the note pad in front of him.

Bradley Theumler was the first witness to testify this morning, the hearing started around 10.

Cross examination by Mr. Okin started at 11:30 with a brief redirect by DDA Rees for a couple minutes. Theumler's testimony ended at noon. He is subject to recall.

Theumler was an excellent witness. Answered questions honestly; and Mr. Okin was unable to impeach any of his testimony.

The second and only witness this afternoon was CHP's MAIT Investigator Brody Mitchell. He gave very detailed explainations and informations on injuries, how they determined where who was in the vehicle. Investigator Mitchell's cross examination, just like Theumler's did nothing to impeach his credibility or nhave any yield any information pointing to Chandler's benefit.

Tomorrow, the People will wrap up with the testimony of CHP Invesigator Garth Gundersen.

The original incident occurred in February 2015.  Chandler was 20 years old at that time.

Chandler is charged with Count 1 gross vehicular manslaughter while intoxicated, alleged victim Kendra Lewis;Count 2 gross vehicular manslaughter while intoxicated; alleged victim Savannah Kindred and a special allegation of great bodily injury to Theumler.

No other media was in court.