Deputy DA Rees and Judge Killoran fix Retired Judge Wilson's mistake and alleged molestor Derek Barnett gets cuffed and booked into jail

 

I just did a post on May 9 which has details and charges and Retired Humboldt Superior Judge Christopher Wilson's bad decision not to remand Derek Barnett. Deputy District Attorney Jessica Watson appeared on the case that day.

Senior Deputy District Attorney Whitney Timm who is the prosecutor for this case has been busy for days and weeks with the Jake Combs homicide retrial.

Yesterday it took Senior Deputy District Attorney Roger Rees and Humboldt Superior Court Judge Lawrence Killoran to protect the public.

In CR2403934, motion for OR withdrawn, court minutes do not indicate why but defense would be obvious. Bail in this case is $35,00. Preliminary hearing is on 5/21.

In CR2601350, Mr. Rees requested remand and Judge Killoran granted the request. OR bail is withdrawn. Bail is $25,000. Pre trial on 5/21. This case is trailing.  Trial confirmation on 6/9; jury trial 6/12.

Three years later, attempted murder suspect James Atkins case confirmed for trial

 

After several continuances, attempted murder suspect James Atkins jury trial for his 2023 case was confirmed today. It is scheduled for 5/26.

Humboldt County Senior Deputy District Attorney Roger Rees is the prosecutor. LA  attorney Anthony Tall represents Atkins.

In my August 2024 post, I reported on amended charges. I have provided links to previous coverage.

Fraud and California make national and regional headlines

 

Even though regional and national liberal media covered this, you won't see this in the usual liberal local media outlets. After I call them out does not count.

HCSO did not inform you, the other media didn't cover it; I have been the only one to report on the DA's petition to declare convicted felon Justin Patrick a sexually violent predator

 

I covered convicted felon Justin Patrick's 2016 case and I am the only one who has reported and done posts on the Humboldt County District Attorney's petition to declare Patrick a sexually violent  predator.

HCSO did not inform you. The other media did not; I did. Of course, they may follow up on it now. The screenshots are of three posts with court documents and Retired Humboldt Superior Court Judge Christopher Wilson's ruling.

Today, there was another setting for the court trial to have Patrick declared a SVP. It was continued again to 6/12 due to outstanding medical records.

Minor future updates will be added to this post.

Court of appeal reverses Humboldt court ruling; says County demurrer should not have been granted in former court reporter lawsuit against County and awards Janssen Malloy costs on appeal

 

In April 2024, I was the first one to report on a lawsuit filed by former court reporter. No one covered that lawsuit. I did several posts on that case and my last post was on March 2025.

Kay Marie Gibbs against County of Humboldt. I recognized the name because Kay was one of the best Humboldt Superior Court reporters. She worked for the local courts for almost 40 years.

Del Norte Superior Judge Darren McElfresh was assigned to the case. Mr. Patrik Griego represented Gibbs pro bono. Mr. Griego is senior partner at local law firm Janssen Malloy. 

The County of Humboldt was represented by Liebert Cassidy Whitmore, a Fresno law firm.

Judge McElfresh consistently ruled against Gibbs and Mr. Griego. I like Kay, I knew her and was very disappointed by the ruling. Kay worked for the local courts for 40 years.

Today, Mr. Griego told me, "The court of Appeal just reversed the trial court and held that the trial court should not have granted the County’s demurrer to our complaint.

The Court of Appeal remanded the case back to the trial court and awarded us and awarded us our costs on appeal."

First page and first line of second page:

Plaintiff Kay Marie Gibbs, a former employee of defendant Humboldt County, was a court reporter who worked for the Humboldt County Superior Court for almost 40 years. As she neared retirement, she learned that the county had failed to enroll her in the California Public Employees’

Retirement System (CalPERS) during the early years she was working for the court. Her first and second amended complaints against the county and three individual county employees alleged a Kafkaesque scenario in which bureaucratic impediments, indifference, or malfeasance thwarted her attempts to resolve the problem.

The trial court sustained defendants’ demurrers to the complaints and denied her the opportunity to file another amended complaint. On appeal, Gibbs argues that the court erred in doing so. We largely agree and therefore reverse."

Dispostion:

"The judgment entered following the sustaining of defendants’ demurrers is reversed as to the second and third causes of action in Gibbs’s first amended complaint and the negligence cause of action in her second amended complaint. The case is remanded to the trial court for further proceedings consistent with this opinion. Gibbs shall recover her appellate costs."

Some extra information. Liebert Cassidy Whitmore is the same firm who tried to threaten me with potential legal information for valid reporting.

Links to all previous coverage I did can be accessed via the search feature on the blog or you can just go to the First District Court of Appeal website and read the entire ruling which provides factual and procedural background which will be easier and it is in one document.

Key updates in several cases yesterday; hopefully Sebastion Hockett and Trinidad Gomez will resolve cases today

Updates and developments in several court cases of interest from yesterday.

Karen Middleton and Shawna Brink arrested by EPD for child endangerment and animal cruelty

Karen Lynn Middleton aka Karen Asbury and Shawna Marie Brink were both arrested yesterday by Eureka Police Department for PC 273a (a) child endangerment and PC 597(a) animal cruelty.

Middleton posted bond. 

EPD issued a press release at 10:48 a.m.

Convicted repeat offender Rashad Carter arrested on Ramey warrant and booked on three violent rape charges

Rashad Moein Carter arrested on a Ramey warrant yesterday by HCSO and booked for PC 261(a)(2) rape by force, violence, duress, menace, or fear of immediate and unlawful bodily injury; PC 289(a)(1)(a) forcible penetration with a foreign object and PC 287(c)(2) (a) forced oral copulation.

Convictions in 2025, 2024 and 2019 traffic cases; acquittal in 2023 traffic case. Default judgement against Carter in civil collections case. Conviction in DUI case. He was represented by Ms. Kathleen Bryson in the case.

HCSO issued a press release at 9:37 a.m.

Citizens of Eureka for Responsible Government files 410 form for 2026

 

Citizens of Eureka for Responsible Government, sponsored by the California Associtation of Realtors. Humboldt Association of Realtors is listed.

The 410 form was received May 7, 2026 and uploaded to the City of Eureka website on May 9.

Alissa Woods of Wells Commercial Real Estate and Investments is the principal officer. I have reached out to Ms. Woods via email for more information. Despite a follow up phone call on 5/13; no response.

So far the City of Eureka 2026 elections have generated 0 interest. 

"When I shot him, I snapped."

 

Today is Day 12 of homicide suspect Jake Combs' retrial for the murder of Trevor Earley.

Homicide suspect Jake Combs lost it on the stand just now during cross examination by Senior Deputy District Attorney Whitney Timm when after repeated questioning he is caught in a lie and his own previous testimony works against him.  

Humboldt Superior Court Judge Kaleb Cockrum should have stopped him earlier and admonished him minutes ago. The Earley family is having to go through this, again, due to Judge Cockrum's error. There was no need for Judge Cockrum to say anything to Ms. Timm in front of jurors. He failed to control Combs rambling on the stand. Combs was not following court procedure and how you testify. Ms. Timm repeatedly tried to get Combs to answer what was asked. You don't get to do whatever you like under oath, on stand and be rude to attorneys.

Deputy Public Defender Emery Welton is apparently the lead chair. He just sits there.  Despite the dress shirt and pants and the crocodile tears, Combs lost his temper and his facade was exposed. I have no idea why Welton is lead when Deputy Public Defender Ryan McClurg has a better demeanor and in my observation of Humboldt court cases; better than Welton.

Both are no match for Ms. Timm.

Ms. Timm was questioning Combs about him going to get his keys from the car. After a lot of denial, I don't recall, Ms. Timm should Combs his previous testimony. He finally had to admit what he kept denying.

"Mr. Combs you never said you had a gun," said Ms. Timm.

Ms. Timm: "You told police he didn't have a gun when he was shot. 

Ms. Timm: "You have lied multiple times." 

Unable to deny his own previous testimony and his words now, Combs lost it, "When I shot him, I snapped." 

Clearly the cross examination by Ms. Timm was effective. I covered the first trial. Combs and his attorneys should have taken the plea deal before trial.

A brief break before questioning resumes.  We will see how jurors feel Combs behavior in court this morning. 

Defense rested their portion of  the case before lunch today. Discussions about finalizing jury instructions; arguments on two jury instructions tomorrow.

5/13/26: Senior Deputy District Attorney Whitney finished her closing arguments in Jake Combs murder trial before lunch. I was in the courtroom for her closing in the morning. Jurors instructed to return at 1:30. DA Stacey Eads, Deputy DA Rebecca Buckley-Stein, DA Investigators and a couple defense attorneys were in the courtroom this morning.

I covered this trial in detail the first time. The verdict for the retrial is what matters. 

For those of you who cannot be in the courtroom, especially those of you who are my regular readers  and familiar with Ms. Timm know she did an excellent job. She focused on the law, all the options the jurors have for the murder charge, consistently reminded the jurors that Trevor was the victim and no threat and used Combs own words. I could post select quotes. Instead, I am going to wait until the verdict. There are 10 men, 2 women on the jury. Two women and one male alternates.

I have included yesterday's court minutes. There is relevance in them to today's coverage.

Alleged molestor Trinidad Gomez sued for credit card debt

 

Alleged molestor Trinidad Gomez has more problems than just his current criminal case. Gomez is in custody and cannot post bail.

A 2026 breach of contract lawsuit for money owed on a credit card was filed against him and Does 1 to 5  by Portfolio Recovery Associates, LLC on 3/20/26. Ms. Kristina Barker represents Portfolio Recovery Associates, LLC.

There is no court date scheduled yet.

Gomez's criminal case has updates in the previous post.

Last week, Rosalyn Klock enters a plea in two drug cases; today the DA files a third drug case

 

Retired Humboldt Superior Court Judge Christopher Wilson took a plea from Rosalyn Klock on 5/7 in her two criminal cases for maintaining a drug house and possession of meth. This after her supervised release was to be terminated. Sentencing for those cases is scheduled for 5/29. Gregory Kreis is Klock's attorney.

Today, 5/11, the DA filed a third criminal case in Klock for possession of meth and a smoking device. She was arraigned today; bail set at $5,000 by Humboldt Superior Court Judge Lawrence Killoran. Pre trial on 5/20; trial conformation on 5/29 and jury trial on 6/1.

Why resolve a case and then file a third case from a December 2025 incident?

If you didn't read the May 7 post or the related posts on the Ingomar lawsuit, links to prior coverage have been provided.

HCSO Undersheriff JD Braud has no idea I am doing this post

 

Took this photo of HCSO Undersheriff JD Braud early this morning as I was walking to the Courthouse. He was on his way somewhere but after he finished talking with former HCSO Lt. Mike Fridley who retired but came back to investigate cold cases,  I requested a minute of his time. JD doesn't often get the spotlight but I see him  talking with deputies, staff and helping the public. JD is not one for recognition. He does not know I am doing this post.

Judge Steward granting defense last minute motion to continue repeat offender Dylan Olivas' jury trial for mental health diversion is a slap in the face to law enforcement, the victims and the community

 

I have been covering Dylan Olivas since 2022. Today, jury trial was scheduled in Olivas' 2025 case. Defense filed a motion to continue the jury trial which  granted by Humboldt Superior Court Judge Steven Steward. 

Suddenly at the last minute, defense wants to pursue mental health diversion?  I am disappointed Judge Steward granted this last minute request and to a repeat offender. This isn't Olivas' first arrest.

Court minutes state Olivas was ordered to contact probation no later than 5/14/26. Senior Deputy District Attorney Roger Rees appeared on the case for the People; Conflict Counsel Supervising Attorney Meagan O'Connell appeared in court for Deputy Conflict Counsel David Nims who is Olivas' attorney.

OR bail  and trial setting in Olivas' 2025 case is scheduled for 5/19/26.

Judge Steward granting this request is a slap in the face to law enforcement, the victims and the community.  These constant daily, weekly continuances are not for "good cause." Court resources, DA resources, taxpayer money, wasting victims's time and mine since I cover cases regularly and this costs everyone money and being other places because certain defense attorneys and Humboldt judges just want to keep postponing the backlog for their convenience.

Criminal proceedings suspended in statutory rape suspect Josalyn Spagel's case

 

Today, at trial confirmation for statutory rape suspect Josalyn Spagel, after Ms. Kristiana Wright declares doubt regarding her client's competence and waived Spagel's presence for today's court hearing; Humboldt Superior Court Judge Lawrence Killoran suspended criminal proceedings and appointed Dr. Lamers to evaluate Spagel. Jury trial scheduled for 5/18 was vacated. Dr. Lamer's report is due 5/28/26.

Sometimes these Dr.'s reports can take a while. Criminal proceedings are suspended so updates will be added to this post unless there is a significant development. If you did not read the three previous posrs, use the screenshots and search feature on the blog or Google to access those posts for free. 

Alleged assault on the corner of 4th and J

 

Four EPD vehicles on the corner of 4th and J. I recognize EPD Sgt Joseph Couch and EPD Officer Heinrich Soltow. Sgt. Couch came over to let me know an alleged assault occurred in the general area around that corner of 4th and J. Suspect and alleged victim unknown. EPD conducted some interviews. Three EPD vehicles left at 5:18. One officer finished conducting interviews and is getting ready to leave.

On day of the trial, Judge Cockrum disqualified in alleged molestor Trinidad Gomez' case by his former colleague

 

Today, alleged molestor Trinidad Gomez's jury trial was supposed to start.

Senior Deputy District Attorney Whitney Timm is the prosecutor. She is currently busy with another trial. Deputy DA Candace Myers appeared on the case for the People.

Deputy Conflict Counsel Owen Tipps disqualified Humboldt Superior Court Judge Kaleb Cockrum. Conflict Counsel' office disqualified a current judge who formerly worked in that  office.

There is intervention scheduled tomorrow before Humboldt Superior Court Presiding Judge Kelly Neel.

The jury trial is trailing assignment to a courtroom. The case is a special set before Retired Humboldt Superior Court Judge Feeney on 5/14.

All updates on this case will be added to this post. There is no need for a new post every day.

5/12/26: Judge Neel met with Ms. Timm and Mr. Tipps; intervention was continued to 5/13 for possible resolution.

5/13/26: 5/13 intervention vacated.

Janssen Malloy just filed contempt of court against local landlord Anil Dwivedi

 

Janssen Malloy just filed a contempt of court against local landlord Anil Dwivedi today.

I covered all four lawsuits against him.

In my last post on April 24, 2026, I reported that the original lawsuit was close to a settlement and discussions were ongoing. Three lawsuits filed after that settled and dismissal hearings are scheduled.

The tenants are represented by Janssen Malloy's senior partner, Mr. Patrik Griego. I briefly spoke with Mr. Griego and it is related to the class action. The motion was filed in the original lawsuit Don Swall and Vanessa Vachon filed against Dwivedi Tower LLC and Anil Dwivedi. Rachel Nankervis was added as a plaintiff later to the first lawsuit.

Dwivedi LLC and Anil Dwivedi are represented by the Dhillon Law Group in San Francisco.

I have provided links to all previous coverage on all these lawsuits.

The motion is not in e court. The copy in this post I obtained by request. I did not add the proof of service but Dhillon Law Firm was served electronically.