"I don't know nuthin about nuthin" ; "If you move, I'll kill you"

Charles Kesserling, the machete wielding pizza deliveryvan and robbery suspect had a preliminary hearing yesterday. It concluded this morning. Alternate Conflict Counsel's Mr. Glenn Brown represented Kesserling. Deputy District Attorney Jackie Pizzo was the prosecutor for the hearing.

Kesserling was held to answer on all charges. Kesserling is charged with seven counts: Count 1 Evading a Peace Officer with a special allegation of a prison prior; Count 2 taking a vehicle without owner's consent; Count 3 Buy/Receive stolen vehicle/Equipment; Count 4 Carjacking; Count 4 Use of a deadly weapon with a prior; Count 5 Robber with special allegation of use of a deadly weapon; Count 6 Threats to commit crimes resulting in death with a special allegation of use of a deadly weapon and and Count 7 Assault with a deadly weapon other than a firearm.

Two HCSO Deputies, Matthew Tomlin and Dustin Del Biaggio testified in detail about the incident which led to Kesserling's arrest. 

Kesserling's probation officer, Colleen Breuer-Herberts said that Kesserling never contacted probation after his release in April 2015, he never informed proibation that his residence had changed, he was not at the listed residence when she went to look for him and that he had never made contact with probation since his release, the last time. The probation officer was testifying for Kesselring's probation revocation hearing held at the same time.

I was the only one in the courtroom audience besides a couple of deputy district attorneys and some deputies briefly stopping in for the hearing. Instead of focusing on his hearing, Kesserling would from time to time glance back at me, glare at all of us, and tried to mumble about me being there. He still does not have a clue about an open courtroom, public information and press. Mr.Brown had to enlighten him and get him to focus.

On May 26, 2015, sometime after noon, Deputy Tomlin stopped at a red light on Harris, he was in a marked vehicle. He saw a Kia Spectra and "I saw all 3 occupants looking at my patrol car." He looked at the license plate and recognized it as one being reported stolen by the EPD. As he grabbed his radio to confirm this with dispatch, before he could call in, "the driver stepped on the gas and ran through the red light." 

Deputy Tomlin activated his sirens and lights and "pursued the vehicle". Deputy Tomlin described unsafe driving, endangering others as the Kia Spectra drove into the Safeway parking lot, then behind the Walgreens building, exiting without looking for traffic to Wood Street and then to the front entrance of St. Joseph's hospital ignoeing the speed limit then going out to Buhne, again running a red light and heading towards S Street. Since the Kia seemed to be headed towards a school, per policy, Deputy Tomlin called dispatch and said he was not pursuing the car anymore. He was driving the speed limit and was behind the Kia and could see it turn on O or P Streets. As he approached Eureka High, he was flagged down by "two kids who described a crazy driver" and other citizens who said the car was headed downtown. 

He was informed by Undersheriff William Honsal, Detective Todd Fulton and Detective Greg Musson that they had "located the stolen vehicle." When Deputy Tomlin arrived where the other HCSO staff were, he saw Kesserling enter into an apartment through a window and was told the other HCSO staff had "defendant in custody."

"Mr. Kesserling was in handcuffs. A male and female were sititng in chairs." They were later identified as Jennifer Wall-Kesserling and Robert Wall. Deputy Tomlin spoke with Charles Kesserling in his patrol car after reading him his Miranda rights and he said that Kesserling agreed to speak with him.

Deputy Tomlin told DDA Pizzo that he aked Kesserling who was driving and that "at first, he said AJ was driving and that AJ ran away prior to the arrival"of law enforcement.

When Deputy Tomlin told him, he was going to pull surveilance tapes from Safeway and St. Joe's, Kesserling changed his story and said he was the driver and  told Deputy Tomlin where the keys to the Kia were. Deputy Tomlin then questioned the other two separately.

Pate told Deputy Tomlin that "he bummed a ride" from Kesserling and that he did not know the vehicle was stolen.

Jennifer Wall-Kesserling said that "her husband was driving" but when Deputy Tomlin asked her if she knew if the vehicle was stolen, she said. "I don't know nuthin about nuthin."

CHP -180, a form filled when law enforcement tows a car was completed and the Kia was taken away. Kesserling was released later that day.

Deputy Del Biaggio was on duty the night of May 26, 2015 when the second incident occurred. He reported to a location, 1500 block of Peninsula near the Manila Community Center and spoke with the victim of a robbery, initials L.M.. Another Deputy had responded to another location where there had been a collision involving a white Ford.

The victim told him that he was a pizza delivery driver and that he "met two subjects at the Community Center. One ordered him out of his vehicle and had a machete and that several of his belongings were taken"

The victim "described several tatoos on the face of the person with the machete; devil horns tattoos above the eyebrows and on the cheek," said Deputy Del Biaggio.

Earlier that day Deputy Del Biaggio had contact with a person matching the victim's description in Manila Community Park. The deputy identified Kesserling as that person.

Deputy Del Biaggio took the victim to the location where Deputy Hicks was and the victim identified the truck as his vehicle. He described items that were missing: vehicle registration, paper work and ignition key.

Deputy Del Biaggio then took the victim home and took a statement. The victim told him that he went to deliver a pizza around 11:30 p.m. near the Manila Community Center and that "two people were sitting on the side of the road." One was the person with the tattoos and the other had a hooded sweatshirt and the victim gave a vague description of height and weight.

The victim confirmed that the order and then the person with the tattoos approached the  window and instead of payment, pulled out a machete and asked the victim to get out of the car. He ordered the victim to the ground and the victim followed his instructions. There were threats made by the person with the tattoos. "If you move, I'll kill you."

The person with the tattoos asked where the victim's wallet was and took it out of his back pocket and then asked where the victim's cell phone was and took that from the seat of the truck. He then told the victim to get up and run. At one point, when the victim ran into a dead end, he stopped and he heard a voice, "keep going or else" so he backtracked a bit and walled towards Peninsula Drive and then when he felt the others had left, he tried to get assistance. The vicitim told Deputy Del Biaggio he was afraid during the entire encounter.

 "He was afraid they would carry through the threats if he did not comply" is what Deputy Del Biaggio said on re-direct.

In a photo array, the victim identified Kesserling and he remembered the tatoos.

On cross by Mr. Brown, Deputy Del Biaggio said that there was a black pick up in the parking area that left the same time as when the victim's car was driven away and the victim assumed each of the two people drive one car. That is how they knew they had left the scene.