Oct 21, 2016

Humboldt Bay Fire and City Ambulance out on 2nd Street in Old Town





Humboldt Bay Fire and City Ambulance on 2nd Street between H and I in front of a duplex arrived around 6 p.m. Ambulance left five minutes ago, HBF just left.

No police.

Fortuna Chief Dobberstein addresses misleading information in mailer about Measure E








Chief Dobberstein Responds to letter sent to some residents:

October 21, 2016

An open letter to the citizens of Fortuna,

Yesterday I was given a copy of a mailer that was sent to many Fortuna residents urging a NO vote on the upcoming Measure E. As Chief of Police, I cannot take an official public stand in support or against the measure; however, I can address misleading and incorrect information as it relates to my department. I have a duty to my staff and our citizens to address the very misleading information included in this mailer.

The mailer states that the City is planning on increasing “salary and benefits” if this measure is passed. This is news to me. I have not had one discussion with any member of the City Council about using these funds for salary and benefit increases. If fact all discussions regarding additional funding have been focused on adding at least 3 vital sworn officer positions to the Fortuna Police Department including a Detective, a Problem Oriented Police officer of “POP” officer and a School Resource Officer.


Comerica Bank that owns the loan to Budget Motel has served the Kushwahas with receivership documents









Attorneys were in court today before Judge Dale Reinholtsen. Next court hearing is on February 3, 2017.

Confirmation of receiver will be decided at next hearing.

From West's Dictionary of American Law:

A court order whereby all the property subject to dispute in a legal action is placed under the dominion and control of an independent person known as a receiver.
Receivership is an extraordinary remedy, the purpose of which is to preserve property during the time needed to prosecute a lawsuit, if a danger is present that such property will be dissipated or removed from the jurisdiction of the court if a receiver is not appointed. Receivership takes place through a court order and is utilized only in exceptional circumstances and with or without the consent of the owner of the property.




Jail access motion withdrawn for now, setting for Maxx Robison continued to December 14




A motion regarding laptop access into the jail and setting for preliminary was scheduled this afternoon for Maxx Robison.

Public Defender Ms. Jennifer Dixon told Judge Joyce Hinrichs, "I am withdrawing my motion for electronic access without prejudice."

"A concerted effort has been made between the Jail, County Counsel, and the Public Defender's office and the IT Department has remedied the problem."

Ms. Dixon said she had discussed the matter with Deputy District Attorney Roger Rees, who is prosecuting the case. Since most of the case is electronic. they discussed a six week disposition and reset hearing.

IT is working with Public Defender's office, County Counsel and the jail  to remedy the situation,

Deputy DA Carolyn Schaffer was present for the People. She was subbing in for Mr. Rees on this case today.

Setting is now rescheduled for December 14 at 10:15 a.m.


Oct 12, 2016


McCullens motel shooting suspect preliminary date to be set after jail access decision on electronic discovery is decided

McMullen's motel shooting suspect, Maxx Robison, had a setting date today for his preliminary. That got put over to October 20 at 2 p.m. since a petition by his attorney, Ms. Jennifer Dixon has yet to be decided.
She had requested a court order for jail access for a computer to be brought in. "Mr. Robison has information on his case which is mostly electronic discovery."


Who do you believe in the Measure V wars? Hillary Mosher responds to allegations

Update: As of October 22, Hillary Mosher has stepped down from being involved in the Measure V Campaign.



Yesterday, Humboldt Consequential did this post:


http://thclive.net/2016/10/20/hilary-moshers-offers-to-drop-measure-v-if-park-owners-giver-her-property-and-free-rent-read-it-in-her-own-words/

I contacted Hillary Mosher to ask if she wanted to respond. She did get back to me. I appreciate Ms. Mosher's time and what she shared.

This is the part of our conversation that is her on record response:


"I will not dignify this scurrilous libel with a response."

Today, I got some more information.



Twitter, Sound Cloud, Spotify not working? Here's why

Twitter not working for you? Here's why?


http://www.krcrtv.com/north-coast-news/eureka-news/north-coast-news/major-internet-outages-reporter-after-cyber-attacks/129146496

https://www.google.com/amp/www.nbcnewyork.com/news/local/Major-Websites-Taken-Down-by-Internet-Attack-397905801.html%3famp=y?client=ms-android-verizon


Judge Carter grants motion to dismiss charges against Nicholas Leigl in Jesus Garcia homicide, he is free


This morning Visiting Judge Carter heard arguments from both from Deputy David Christensen and Nicholas Leigl's attorney, Mr. Michael Acosta, on the defense 995 motion to dismiss all charges.

After hearing from both attirneys, the Judge explained why she granted the defense motion. She told the defendant, " Mr. Leigl, find some new friends."

He will be released from custody as all charges against to him were dismissed.

Leigl, is one of four suspects in the Jesus Garcia homicide.

The motion has been continued twice, last time on October 5, when it was scheduled in Courtroom 4.

Only KIEM and myself were in court this morning.


Previous posts:




http://johnchiv.blogspot.com/2016/09/will-nicholas-leigl-win-his-motion-to.html?m=1



Oct 20, 2016

EPD issues vehicle security cards in effort to reduce vehicle related thefts




If you happen to find one of these “Vehicle Security Report Cards” on your
windshield sometime don’t worry, it is not a ticket.


Court rejects conditional plea for Charles Cole, new jury trial on December 12

Charles Cole was scheduled to be sentenced this afternoon in Courtroom 1. Judge John Feeney rejected the conditional plea.

A petition had been submitted to the DA. The DA's office cited the same codes as probation. Probation recommended that even with dog obedience classes, they were concerned about the possible return of Cole's dog to him which was a part of the conditional plea.

Those penal codes are 597 (g) 1 and 597.9.

About 30 people showed up and all of these people are against Cole ever owning a pet.

Sep 12, 2016


"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. Instead 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.

Previous post (with all coverage):
http://johnchiv.blogspot.com/2016/09/it-was-not-first-choice-of-either-side.html

Man located with gunshot wound in BMW, Lil Tank, one of the main witnesses in Jesus Garcia homicide

Word on the street is that the person found in the BMW is Lil Tank aka Mike Grant.

He is one of the key witnesses in the Jesus Garcia jomicid

Before this, allegedly Grant drove by Dan Leigl's house and shot at the house after a conversation he had with with Nicholas Leigl's sister.

Nicholas Leigl is one of four suspects in the Jesus Garcia homicide.


EPD Capatian Watson said due to confidentiality, he cannot comment on the identity of the victim and also because "this is still an open investigation."


EPD Press Release:


On October 17, 2016, at about 12:41 a.m., officers with the Eureka Police Department responded to the 1600 block of G Street for the report of shots heard in the vicinity.  Officers searched the area but were unable to locate any suspects, victims, or evidence of a shooting.  


Jon David Goldberg, charged with the death of Tim Smith has preliminary hearing scheduled for December 6

A disposition and reset hearing is set for Jon David Goldberg this afternoon. Preliminary hearing is scheduled for December 6 at 9:45 a.m.

Intervention and a discovery motion on November 15.

Oct 6, 2016


Jon David Goldberg's bail raised to two million: Oct 12 preliminary vacated; disposition and reset date set

A hearing on the District Attorney's motion filed to increase bail for Jon David Goldberg is scheduled this afternoon at 2 p.m. Goldberg also has an intervention hearing scheduled for 3 p.m. this afternoon.

Judge Timothy Cissna granted the people's motion to increase bail. The additional one million is based on the special allegation in Count 1, which if found true has a sentence of 25 years to life, the bail schedule for that is one million.

The original one million was the bail schedule amount for a murder charge.

A disposition and reset hearing is set for  October 20 after the defense made an oral motion to continue based on not receiving any discovery besides initial reports and needing time for investigation.

Judge Cissna said the People needed to follow up and have the law enforcement agency provided reports in a timely fashion.

Christopher Renner who plead guilty to continuous sexual abuse of a minor to be sentenced shortly

Christopher Renner is scheduled to be sentenced at 9 a.m. this morning.

Del Norte DA Press Release:

The Del Norte District Attorney’s Office announced today that Christopher James Renner (58) of Crescent City, was sentenced by the Honorable Philip M. Schafer this morning to serve twelve (12) years in state prison for continuous sexual abuse upon a child under fourteen.  The Del Norte County Probation Department, charged with the responsibility of making sentencing recommendations to the court, reported to the court that they would have recommended probation for Renner if he was eligible but since he was not, that he should only get six (6) years in state prison, the most lenient sentencing option available to the court by law.   



Kiya Kitchen's ashes finally returned to Joe Kitchen



Kiya Kitchen's ashes were finally handed over to Joseph Kitchen.

This is an issue handled privately, and not in court.

On his facebook page, he wrote "This is not right ,please enjoy and listen to your babies  life is life my friends."

Oct 19, 2016

EPD on scene at Buhne and J for two car traffic collision




Scanner traffic indicates EPD and medical personnel on scene fora two vehicle traffic collision at Buhne and J Streets.   One occupant with possible head injuries.


KRCR TV reports Salyer incident today drug related; multiple detained

On the 6 p.m. newcast of North Coast News, it was reported, 7 suspects were detained.

Update 2:30 p.m.from KRCR news:


According to the Trinity County Sheriff's as of Wednesday afternoon, multiple people have been detained are being called people of interest.

Officials said the home invasion occurred early Wednesday morning at a home on Fountain Ranch Road. Officials added after the suspects invaded the home on Fountain Ranch Road, they then drove down Councilman Road and barricaded themselves into a home.
The victim(s) in the Fountain Ranch Road home suffered minor injuries. Officials added this incident is drug related.

Read more at http://www.krcrtv.com/north-coast-news/eureka-news/trinity/law-enforcement-responding-to-reported-home-invasion-in-salyer/126474888

Robert Bergeson charged with vehicular manslaughter in the 14th and H street traffic collision in Arcata to enter change of plea on December 5; no preliminary hearing

There was an intervention hearing on October 17 for Robert Bergeson. And another intervention hearing yesterday, October 18, in which the preliminary hearing of October 31 was vacated. A referral was made yesterday to get a report from Probation.

On December 5 at 8:30 a.m., Bergeson is expected to enter a change of plea.

Sep 8, 2016

Robert Bergeson, charged with vehicular manslaughter in the 14th and H street traffic collision released from custody since he was not arraigned within 48 hours.

Robert Bergeson III was released from custody today by Judge John Feeney after his arraignment this afternoon since he was not arraigned within 48 hours. . Bergeson who is charged with alleged vehicular manslaughter in the death of Arcata resident Alan Edward Gradwohl and two other felonies.

Bergeson looked down as Judge John Feeney read the charges against him. He was soft spoken and listened attentively as his court appointed attorney spoke with him. He was released with certain conditions, which includes complete abstention from using or possessing any alcohol or intoxicants.

Deputy District Attorney Brent Kling was present in court today for the arraignment. The abstention clause was requested by Mr. Kling.

The Public Defender's office was appointed for Bergeson. Ms. Kelly Neel was present in court today for the arraignment.

Bergeson waived the 10 day requirement for his preliminary hearing but not the 60 day requirement.

An intervention hearing is scheduled for October 17 at 3 p.m. and the Preliminary hearing is scheduled for October 31 at 8:30.

There were a few cases today, arrests made between September 3 and 5, which were not arraigned according to PC 825 and the defendants were released from custody.

"Brials McCutcheon is still an active investigation. The Sheriff’s Investigative team is following up on leads and conducting interviews on the case."



I contacted Undersheriff William Honsal (pictured above), today to check on the status of the Brials McCutcheon case.

"Brials McCutcheon is still an active investigation," said Undersheriff Honsal.  "The Sheriff’s Investigative team is following up on leads and conducting interviews on the case."

An autopsy was conducted on August 13 on Brials McCutcheon. I followed up on August 23 as well.

Previous posts:

http://johnchiv.blogspot.com/2016/08/autopsy-results-for-massage-therapist.html
http://johnchiv.blogspot.com/2016/08/autopsy-on-saturday-for-brials.html
http://johnchiv.blogspot.com/2016/08/brials-nelson-mccutcheon-victim-of.html

While there is no timeline for completion, CIRT investigators are working on the David Alan Fulton investigation and it will be forwarded to the DA once reports are completed

I contacted the Humboldt County Sheriff's office and the District Attorney's office today to check on the status of the David Alan Fulton case.

Undersheriff William Honsal said, "David Allen Fulton investigation is moving forward.   We are waiting for all the CIRT investigators to complete their reports then the investigation will be forward to the District Attorney for review per the Humboldt County CIRT protocol.  Unfortunately,  I don’t have a time line for the completion."




Sep 9, 2016

Apartment manager and maintenance worker interviewed in the investigation regarding David Fulton's death



I contacted Undersheriff William Honsal today regarding the status of David Alan Fulton death investigation.

"David Allan Fulton CIRT investigation is still on going.     We have interviewed the manager and the maintenance worker for the Sequoia Creek Apts.   Per the CIRT policy we have to update the DA’s office every 30 days.    At the end of next week we should have an idea how much longer the investigation will take place.  "


Previous posts:

http://johnchiv.blogspot.com/2016/08/only-one-hcso-deputy-named-in-gunfire.html?
m=1

http://johnchiv.blogspot.com/2016/08/david-fulton-autospy-scheduled-for-this.html?m=1

http://johnchiv.blogspot.com/2016/08/david-fulton-at-one-point-called-911.html?m=1

Join local Republicans at Rita's today to watch the 3rd Presidential debate





This is a photo I took of Humboldt County Republican Central Committee Chair Annette De Modena, in Old Town, giving information and registering voters.

Today, HCRCC has reserved the back room of Rita's on Fifth Street in Eureka to watch the third Presidential debate.

Ms. De Modena told me that she is asking people to arrive by 5:30 so they have time to order food and beverages and have dinner, if they wish. "This is an opportunity for people to support a local business as well as watch the debate with fellow Republicans."

Debate watching is on HCRCC; food and drinks on you. This is not from Annette, it's me clarifying since there is no cost to watch the debate.




Oct 18, 2016

Caltrans and CHP working overtime to get 101 cleared after spill today, says Senator McGuire, open soon

The latest on the Hwy 101 closure from Senator Mike McGuire:


"Update on Hwy 101 closure, south of Mendo Line (8:25pm): 4K gallons of used oil & hydraulic fluid spilled from overturned tanker truck earlier this afternoon. A new tanker truck now on scene to pump remaining 2k gallons on board. Lanes will need new pavement due to amount of oil on roadway. Best case for reopening: After midnight. Worst Case: Wednesday morning. Caltrans & CHP remain on scene. Working overtime to get highway cleared. "


Photo: Caltrans



Jury selection starts for Thomas Lusk charged with 13 counts including torture, human trafficking and forcible rape

Jury selection started today at 9:15 a.m. in the Thomas Lusk case. Judge John Feeney, Deputy District Attorney Stacey Eads, Conflict Counsel's Mr. Greg Elvine-Kreis and Lusk went over the first batch of hardship questionnaires this morning. This will be followed by people filling out long questionnaires and questioning if individual jurors request privacy for some answers.

I will be following jury selection and will have regular updates.


Oct 6, 2016


Jury trial for Miranda man charged with 13 counts including torture, human trafficking and forcible rape confirmed



A trial confirmation hearing was scheduled for Thomas Lusk this afternoon. The jury trial will proceed as scheduled.

Subpoenaed records fromthe Jerod Phelps community center were given to Deputy District Attorney Stacey Eads, who will provide copies to the defense.

The trial estimate is 3-4 weeks. Trial assignment is on October 14.

He is the Miranda man charged with 13 counts include torture, human trafficking, forcible rape, sexual penetration, assault and forcible oral copulation.

Previous post (with all coverage):

http://johnchiv.blogspot.com/2016/10/jury-trial-for-miranda-man-charged-with.html?m=1

What happens when you are on the lam, most recently arrested for alleged posession of 800 lbs of weed? Your wife gets sued for your bail bond

Bill Davidson Bonds filed a small claims lawsuit against Deborah Daniels on 10/18, George Daniels's wife.

Who is George Daniels? In this case, a man, most recently arrested for alleged possession of 800 lbs of marijuana, who is on the lam and despite rewards offered seems to have vanished into thin air.

A hearing is scheduled for November 18.

Diversion for those needing help before entering criminal justice system, pros and cons of Measure V and DHHS hiring more mental health clinicians at today's BOS meeting




Due to Planning staff being sick, last Tuesday, the presentation on the cost of Measure V was moved to this week's agenda for the Humboldt County Board of Superviors meeting.

Intent of Measure  is good, said Planning Staff. Concern expressed that it is tied to Bay area CPI which is higher than Humboldt. Also concern about long term effect on tenants and unintended consequences.

Other key points was how data was collectedcand calculated. On CPI calculations, Mr. Guntrum had questions, Planning staff explained how data was arrived. Rent increases were hard to verify.


HCSO Crime Suppression Sweep through county results in 4 arrests including Seth Mallo


On Monday, October 17th, 2016, Humboldt County Sheriff’s Office (HCSO) Deputies conducted a crime suppression sweep at various locations throughout the county, where there have been repeated calls for service and/or complaints from neighbors about suspected drug/criminal activity. The following arrests were made during the sweep:

Oct 17, 2016

Pacific Power to restore all power soon, from 9,000 down to 3,000 according to Senator Mike McGuire





According to Senator Mike, "the DelNorte Office of Emergency Services is busy tonight. A transformer - 1/2 mile out of Crescent City - blew out. Subsequent transformers also kicked off line - Nine thousand were without power at the peak, which is down down to three thousand now. Pacific Power should be restoring all power soon. Thank you to Del Norte OES, the Sheriff's Office and Pacific Power for their work tonight!"


Bail reduction and release denied for man charged with lewd acts, oral copulation/sexual intercourse with two female children, ages 10 and 9

Mario Alexander is charged with 9 counts of alleged sexual acts with two minors, Jane Doe 2 born in 2006 and Jane Doe 1 born in 2006.

The alleged acts occurred between 2012 and 2016. Counts 1 to 7 pertain to Jane Doe 2, Counts 8 and 9 to Jane Doe # 1.

His bail is set at 2.7 million.

Judge Joyce Hinrichs denied a defense motion to release Alexander on OR, supervised release or reduce bail, today.

His mother who was in court, was reprimanded, for an outburst while Deputy District Attorney Stacey Eads was addressing Judge Hinrichs. Ms. Eads said that two of the charges Alexander is facing "expose him to life" sentences; the alleged misconduct happened on separate occassions and the alleged victims were under 10, at the time of the incidents.

Alexander is represented by Public Defender Meagan O'Connell. She told Judge Hinrichs that Alexander was on felony probation for a HS 11365 charge and never suffered any violation of probation. Ms. O'Connell also said that defense investigator found that one of the alleged victims may have been molested in the past, by someone other than her client.




Man who allegedly assaulted 12 year old at Arcata Elementary found mentally incompetent; evaluation of anti-psych meds ordered by court


Criminal proceedings for Dylan Wilson, the man charged with with two felonies in the alleged sexual assault against a 12 year old at Arcata Elementary School, were on hold. His attorney had requested a mental competency evaluation.

That report was due this afternoon. Judge Joyce Hinrichs ruled Wilson "mentally incompetent" to stand trial. Criminal proceedings are suspended.

Judge Hinrichs ordered Humboldt County Mental Health to do an anti-psychotic medication evaluation on Wilson, who was not present in court for the proceedings. His attorney, Public Defender Meagan O'Connell waived his presence for today's hearing.

In 15 days, a CONREP report will be provided to the Court to recommend future placement for Wilson, which could be confinement in a state mental health facility, until he is deemed fit to stand trial.

Next court hearing is November 9 at 2 p.m.


Humboldt Hill homicide suspect Brian Swan jury trial confirmed


Brian Swan, the alleged suspect in a Humboldt Hill homicide that occurred last April had a trial confirmation hearing this afternoon.

He has a jury trial scheduled for October 31. It was confirmed. Trial assignment is on October 28. Trial estimate two weeks.

Previous post (with all coverage on the case):

http://johnchiv.blogspot.com/2016/08/humboldt-hill-shooting-suspect-brian.html

Kirby Bay warrant surender off calendar

A warrant had been issued on October 4 for Kirby Bay for violating a court order.

The warrant surrender and arraignment scheduled for October 12 is "off calendar."

Trying to find out why.

Girard Destry found guilty on all five counts in 2015 case

I did a detailed post today, see below, on charges.

One week trial. Jury deliberated couple of hours on Friday and verdict back today before noon.

Sentencing for 2015 case is on November 14 at 4 p.m.


Northern California Communities Celebrate 10TH anniversary of legislation safeguarding our wilderness

 Local communities, businesses, recreation enthusiasts, teachers, families and residents will highlight their commitment to preserving public lands this fall with a series of events commemorating a decade of protection for special places in five Northern California counties.

This year, and today specifically, marks the 10th anniversary of the Northern California Coastal Wild Heritage Wilderness Act, which was signed into law on October 17, 2006.


Will the jury find Girard Destry guilty of Obstructing/Resisting officer, possession of drug paraphernelia, assault and vandalism?






Girard Destry, had his jury trial start  and conclude last week for his 2015 case; theone from 2016 is trailing.

Charges in the 2015 case are Count 1 Obstructing/Resisting an Executive Officer, a felony. Count 2 Driving Under the Influence, a misdemeanor. Count 3 Possess Controlled Substance Paraphenerlia, a misdemeanor. Count 4 Driving Privilege Suspended/Revoked , a misdemeanor and Count 5 Obstruct a Public Officer.

Charges in the 2016 case are Count 1 Assault with a Deadly Weapon other than a Firearm, a felony. Count 2 Vandalism of $400 or more, a felony.

Deputy District Attorney David Christensen prosecuted the case. Conflict Counsel's Marek Reavis was appointed to represent Destry.

Jury selection started Monday, opening statements, trial and closing arguments concluded Friday morning. The jury deliberated until 2:30 p.m. on October 14.

The 6 men and women are back this morning.

Previous post:

http://johnchiv.blogspot.com/2016/07/girard-destry-who-allegedly-broke-into.html?m=1



Monroe fire still under investigation; no human injuries; neighbor transported older dog in house to vet



Around 5:30 p.m. on October 16, a fire broke at 410 Monroe Lane in Eureka in the living room. Humboldt Bay Fire and City Ambulance on scene.

I checked in this morning with the battalion chief, who said the cause of the fire is still under investigation. "Likely looks accidental"; may have been caused by wood burning stove.

No human injuries but an older dog who had trouble getting out was taken by a neighbor to the vet.

Oct 16, 2016

$200,000.00 bail for man who allegedly threatened to shoot deputies if 911 was called for alleged assault




On 10-14-2016 at approximately 12:30 P.M., Mendocino County Sheriff's Deputies received a call for service regarding criminal threats occurring at at residence in the 32000 block of North Harbor Drive in Fort Bragg, California.


Alleged fugitive with Mendocino and San Luis Obispo warrants arrested for multiple charges; one bail alone at $120,000.00





On 10-13-2016 at approximately 6:03 P.M., Deputies from the Mendocino County Sheriff's Office were contacted by fugitive recovery agents regarding a subject named Joshua Thomas with multiple warrants for his arrest.

The fugitive recovery agents had been searching for Thomas in the Covelo area because he had multiple warrants issued for his arrest in Mendocino County and San Luis Obispo County.