Oct 31, 2015

Reader wants to know why PC 5150 or 647.6 was not used in Eureka to arrest naked guy performing martial arts in front of kids

A regular reader of my blog who wishes to remain anonymous wants to know why Penal Code 5150 or 647.6 was not used to arrest the nude man performing martial arts in front of the children.

I hope Eureka City Council members ask this question before voting on the public nudity ordinance.

Section 5150 is a section of the California Welfare and Institutions Code (WIC) (in particular, the Lanterman–Petris–Short Act or "LPS") which authorizes a qualified officer or clinician to involuntarily confine a person suspected to have a mental disorder that makes him or her a danger to him- or herself, a danger to others, and/or gravely disabled. A qualified officer, which includes any California peace officer, as well as any specifically designated county clinician, can request the confinement after signing a written declaration. When used as a term, 5150(pronounced "fifty-one-fifty") can informally refer to the person being confined or to the declaration itself, or (colloquially) as a verb, as in "I have a possible 5150 here" or "(Someone) was 5150ed".


More details and criteria at above link.

PC 647.6 is annoying/molesting a child.

647.6.  (a) (1) Every person who annoys or molests any child under
18 years of age shall be punished by a fine not exceeding five
thousand dollars ($5,000), by imprisonment in a county jail not
exceeding one year, or by both the fine and imprisonment.
   (2) Every person who, motivated by an unnatural or abnormal sexual
interest in children, engages in conduct with an adult whom he or
she believes to be a child under 18 years of age, which conduct, if
directed toward a child under 18 years of age, would be a violation
of this section, shall be punished by a fine not exceeding five
thousand dollars ($5,000), by imprisonment in a county jail for up to
one year, or by both that fine and imprisonment.
   (b) Every person who violates this section after having entered,
without consent, an inhabited dwelling house, or trailer coach as
defined in Section 635 of the Vehicle Code, or the inhabited portion
of any other building, shall be punished by imprisonment in the state
prison, or in a county jail not exceeding one year, and by a fine
not exceeding five thousand dollars ($5,000).
   (c) (1) Every person who violates this section shall be punished
upon the second and each subsequent conviction by imprisonment in the
state prison.
   (2) Every person who violates this section after a previous felony
conviction under Section 261, 264.1, 269, 285, 286, 288a, 288.5, or
289, any of which involved a minor under 16 years of age, or a
previous felony conviction under this section, a conviction under
Section 288, or a felony conviction under Section 311.4 involving a
minor under 14 years of age shall be punished by imprisonment in the
state prison for two, four, or six years.
   (d) (1) In any case in which a person is convicted of violating
this section and probation is granted, the court shall require
counseling as a condition of probation, unless the court makes a
written statement in the court record, that counseling would be
inappropriate or ineffective.
   (2) In any case in which a person is convicted of violating this
section, and as a condition of probation, the court prohibits the
defendant from having contact with the victim, the court order
prohibiting contact shall not be modified except upon the request of
the victim and a finding by the court that the modification is in the
best interest of the victim. As used in this paragraph, "contact
with the victim" includes all physical contact, being in the presence
of the victim, communication by any means, any communication by a
third party acting on behalf of the defendant, and any gifts.
   (e) Nothing in this section prohibits prosecution under any other
provision of law.

Suspect that threw a rock at Hoopa Coast Central Credit Union known to bank, they have him on camera

Break in at Coast Central Credit Union in Hoopa was officially just confirmed for me by AVP of Operations, Mr. Robert Taborski who I just ran into.

The suspect's ATM card got stuck in the machine, he got upset and threw a,rock. They know the suspect, his name and they have him on camera.

I am not printing the suspect's name at this time.

Medical Marijuana Land Use Ordinance for Commercial Cultivation of Cannabis on BOS and Planning Commission agenda next week


Link to both agendas for Board of Supervisors and Planning Commission agendas.

Board of Supervisors:

On November 3, the Humboldt County Board of Supervisors, item # 4 under matters initiated by Board Members, is:

Clarification of Timeline for Report by the Humboldt County Planning Commission to the Board on the Proposed Ordinance Regarding Commercial Cultivation of Cannabis for Medical Use (Supervisor Estelle Fennell)

Recomendation: That the Board of Supervisors: 1. Request, in writing, that the Planning Commission render its recommendation and report on the proposed ordinance relating to the commercial cannabis for medical use by December 3, 2015, as discussed below. 2. Authorize the Planning Commission to hold as many meetings as necessary to complete their review of the ordinance prior to or on December 3, 2015. Recommendation: Sponsors: Fennell Attachments: Clarification of Timeline for Planning Commission to Complete Review of MMJ Ord

Planning Commission item #2:

2. Phase IV of The Medical Marijuana Land Use Ordinance, Regulating The Commercial
Cultivation of Cannabis for Medical Use
Concerning the adoption of Phase IV of the Medical Marijuana Land Use Ordiancne to regulate
the commercial cultivation of medical marijuana and associated Mitigated Negative Declaration
and Initial Study pursuant to CEQA. These amendments to the Zoning Ordinance and Local
Coastal Program (LCP) provide for local regulation of land uses involving the commercial
cultivation of medical marijuana consistent with newly enacted state law (SB643, AB266, and
AB243) and other applicable regulations (including the Cannabis Cultivation Waste Discharge
Regulatory Program administered by the North Coast Regional Water Quality Control Board).
The ordinance is part of ongoing efforts to regulate land uses associated with medical marijuana
in the county. The proposed ordinance would establish where within the county the commercial
cultivation of cannabis for medical use could take place, and would establish a permitting
structure to allow for county oversight of the commercial cultivation of cannabis for medical
use. The proposed ordinance would apply throughout the unicorporated areas of Humboldt
County, including the Coastal Zone.

If adopted, the Ordinance would add section 313-55.4 et seq. to Title III, Division I, Chapter 3,
Section B, Part 1 (Coastal Zoning Regulations), and section 314-55.4 et seq. of Title III,
Division 1, Chapter 4, Section B, Part I (Inland Zoning Regulations) to the Humboldt County
CEQA Review: A draft Mitigated Negative Declaration has been prepared for this Project. The
Initial Study determined that no substantial evidence exists that the proposed project may have a
significant environmental effect that cannot be fully mitigated to a less-than-significant level.
(California Code of Regulations §15070 et seq.) The review period for public comments on the
MND commences October 5, 2015, and ends November 4, 2015.
1. Open the public hearing.
2. Request that staff present the staff report, including policy options and
3. Receive public testimony.
4. Deliberate on the draft ordinance, public input, and policy options and
alternatives presented
5. If necessary, direct staff to prepare modifications or additional information
responsive to public input and commission deliberation.
6. Continue the public hearing until November 10, 2015
Attachments: OR-15-003 Staff Report

$400,000 bail set for suspect charged with repeatedly hitting victim causing life threatening injuries

On 10-31-2015 around 12:34 AM the Mendocino County Sheriff's Dispatch received a medical aid call from the 46000 block of Highway 162 in Dos Rios.  The caller reported a fall victim with head injuries.  This call was transferred to Howard Forest (Cal Fire) Dispatch and an ambulance was dispatched to the location.

Around 1:05 AM Mendocino County Deputies observed a vehicle, travelling at an excessive rate of speed on Main Street in Willits.  The deputies attempted to initiate a traffic stop but the vehicle refused to stop, ultimately leading the deputies to the former Howard Hospital Facility, before stopping.  Deputies then discovered the driver was attempting to seek medical aid for the victim of the earlier fall victim call in Dos Rios.  The vehicle and driver were given a Code 3 (lights and siren) escort to the new Howard Memorial Hospital Facility after deputies observed the seriousness of the victim's injuries.

In the emergency room of Howard Memorial Hospital deputies learned the victim had been assaulted at the residence on Highway 162 and had suffered life threatening injuries.  The victim was later flown to Santa Rosa Memorial Hospital and then to Stanford University Medical Center for more advanced treatment.

Deputies responded to and secured the residence while the Sheriff's Detective Unit was called out.  Deputies and Detectives learned during the investigation the suspect, Arlon Strauss, had recently come to the property and had been staying there temporarily but his primary address was in Napa County.

The investigation led to Arlon Strauss being named as the person responsible for committing the assault by striking the victim repeatedly with a blunt object. He was arrested and booked into the Mendocino County Jail on charges of attempted murder and committing a felony that resulted in great bodily injury to the victim.  His bail was set at $400,000.

The victim was listed in critical condition at this time.

Supervisor Estelle Fennell to officially kick off her re-election campaign November 5

On Thursday November 5th, 2nd District Supervisor Estelle Fennell will officially announce her 2016 Reelection Campaign.

The Community is invited to attend her announcement events, which will be held at the Fortuna Veterans Hall in Fortuna at 12:00 Noon and at Persimmons Garden Gallery in Redway at 3:30pm.

Estelle was first elected to the Board of Supervisors in 2012. During her first term in office, she has kept her campaign promise to provide a high level of service to all of her constituents in the 2nd District and countywide.  "No supervisor works harder and spends more time listening and responding to constituents and their needs than Estelle; she really cares about her district and for the county" said Erin Dunn, Executive Director of the Fortuna Chamber of Commerce.

Estelle is also working hard with state legislators to make sure that Humboldt County is served well at the state level. She has developed a strong working relationship with Assemblyman Jim Wood and Senator Mike McGuire who said, "Supervisor Fennell works hard every day for the people of Humboldt and is a champion for good jobs, strong public schools and keeping our neighborhoods safe."

Shon Wellborn, President of the Southern Humboldt Community Credit Union said “Through strong leadership with an emphasis on teamwork, Estelle has provided exceptional representation to her constituents; prioritizing public safety, community values, public participation, and a common sense General Plan that protects our resource lands, peoples’ property rights and the environment; while streamlining the regulatory process for current and new business owners.”

Estelle's passionate dedication and hard work has been moving Humboldt County forward to a healthy, safe and vibrant future. “I am running for reelection because I want to continue serving and working with my constituents to make Humboldt County an even greater place to live and work. We have already made some significant strides and it will be my great honor to build on that good work. I am honored to have such broad based support and key endorsements from my community.  Please join me November 5th when I announce my 2016 campaign.”

Supervisor Sundberg asks for input on proposed Community Forest in McKinleyville, item on Tuesday's BOS agenda

From Supervisor Ryan Sundberg:

"Some exciting news, a Community Forest in Mckinleyville. This would be behind Azalea Rd up to Murray Rd. I have talked to many people in the community who have wanted this to happen for a very long time, and it has been something I have been working on. It is in the Mckinleyville General Plan and fits perfectly into the proposed trail maps we have. This is the first opportunity for us to present this concept to the community and many of the details have not been decided, including the size and ownership. MCSD will have this on their agenda along with the MMAC. If you would like to comment on this please email me at rsundberg@co.humboldt.ca.us or come to the meeting at the BOS next Tuesday at 9am."
From our Board Packet:
RECOMMENDATION(S): That the Board Of Supervisors hear the presentation and take appropriate action, if required.
DISCUSSION: The Trust for Public Land (TPL) and Green Diamond Resource Company (Green
Diamond) are working together to develop a combined conservation strategy and opportunity for a
community forest for the McKinieyville Tract. The conservation agreement would permanently protect
over 90% ofthe property from development.

The 3,644 acre McKinieyville Tract is located immediately adjacent to and east of the community of
McKinieyville. The agreement between TPL and Green Diamond begins a process to create a conservation easement to preserve the vast majority of the McKinieyville Tract in perpetuity and productive working forest. Portions of the property along the western boundary of the tract will also be considered for a potential community forest and some limited future residential development. TPL intends to approach the Mckinleyville Community Services District (MCSD) to discuss opportunities regarding a community forest. Also TPL plans to seek funding for the purchase of the conservation easement and other property interests, from sources that include federal, state, and local governments, along with private philanthropy. TPL and Green Diamond respectfully ask the Humboldt County Board of Supervisors for their support of the partnership between TPL and GDRCo and TPLs efforts to secure funding for this conservation project.

Oct 30, 2015

Steal under Prop 47, go away scot free, don't lock up your firearm, $1,000 fine or 6 months in jail?

An ordinance regarding safe storage of firearms to be passed by Eureka City Council would make it a misdemeanor if your firearm is not locked up?


10. Safe Storage of Firearms Ordinance
Recommendation: Waive reading, read by title only and introduce Bill No. 891-
C.S., and Ordinance of the City of Eureka adding Section
133.07 to Title XIII Chapter 133 – Safe Storage of Firearms.
(City Attorney)

This ordinance was precipitated by recent burglaries at retail stores and residences in Eureka which included the theft of firearms. According to the ordinance document, in one instance 50 firearms were stolen that were not secured in a locked container and they did not have trigger locks.

City staff believes this ordinance will assist in the prevention of gun related injuries and deaths.

So after Prop 47, you steal a gun that is worth under $950 and it's a misdemeanor cite and release or slap on the wrist. But if you have a firearm that is not locked in a safe or have a trigger lock, its misdemeanor, up to $1000 fine and up to six months in jail?

How do Eureka residents and businesses feel about criminals getting a slap on the wrist while law abiding gun owning citizens face consequences?

I contacted Aaron Ostrom, owner of Pacific Outfitters.

"Since the break in our store, a couple months ago, we've spent 15k adding bars to all our skylights, upgrading our alarm system and adding an additional layer of security at all our entrances. We are also looking at investing 20-30k on surveillance. It would be a bummer to have to now build a vault to store all our guns after essentially turning our store into is't own vault."

Chief Andy Mills clarifies why public nudity ordinance is on Eureka City Council agenda


The above link is to the public nudity ordinance.

I reached out to Eureka City Manager Greg Sparks, City Clerk Pam Powell and City Attorney Cyndi Day Wilson. Mr. Sparks got Chief Andy Mills to respond.

Here is Chief Mills email response;

314.1 PC is specifically for indecent exposure for the purpose of sexual gratification. Its captured in the first phrase, “willfully and lewdly”  i.e. a person would have to stroke their genitals or like motion.  Just straight public nudity would not work. It’s the classic guy masturbating in his car driving home on the freeway for women to see or a guy outside of a school exposing himself for gratification.  It does not work for instance for a guy running naked through the streets.  

This came from several calls for service where people get nude and dance around half baked.  A couple of weeks ago a guy undressed in front of some kids and did martial arts fully nude.  We were powerless to do anything about it.

After I read Chief Mills response, it made more sense why this item is on the agenda. 

Given that Humboldt County has 329 registered sex offenders, not to mention some that will be added to the list if certain convictions go through, this ordinance has merit.


Intoxicating Beverages and Public Nudity on next Eureka City Council meeting agenda

9. Public Nudity Ordinance
Recommendation: Waive reading, read by title only and introduce Bill No 899-
C.S., an Ordinance of the City of Eureka adding Section
130.09 to Title XIII Chapter 130 – Public Nudity.
(City Attorney)

Penal Code 314 already has existing laws against public nudity and indecent exposure. I just spoke with Eureka Mayor Frank Jager. He has the same questions and has contacted the City Attorney for more information.

12. Intoxicating Beverage Ordinance Amendment Recommendation: Waive reading, read by title only and introduce Bill No. 892- C.S., an Ordinance of the City of Eureka amending Chapters 115 and 130 to allow Intoxicating Beverage to be Sold and served outdoors. (Development Services Director)

California Penal Code 314:

314.  Every person who willfully and lewdly, either:

    1. Exposes his person, or the private parts thereof, in any
public place, or in any place where there are present other persons
to be offended or annoyed thereby; or,

    2. Procures, counsels, or assists any person so to expose himself
or take part in any model artist exhibition, or to make any other
exhibition of himself to public view, or the view of any number of
persons, such as is offensive to decency, or is adapted to excite to
vicious or lewd thoughts or acts,

is guilty of a misdemeanor.
   Every person who violates subdivision 1 of this section after
having entered, without consent, an inhabited dwelling house, or
trailer coach as defined in Section 635 of the Vehicle Code, or the
inhabited portion of any other building, is punishable by
imprisonment in the state prison, or in the county jail not exceeding
one year.
   Upon the second and each subsequent conviction under subdivision 1
of this section, or upon a first conviction under subdivision 1 of
this section after a previous conviction under Section 288, every
person so convicted is guilty of a felony, and is punishable by
imprisonment in state prison.

Charlotte McDonald is a hands on director when it comes to beautifying Eureka Main Street

When I saw Eureka Main Street Executive Director Charlotte McDonald with Brandon McKenny of McKenny and Sins near the St. Vincent De Paul building, I quipped, "You are really a hands on director, not afraid to get your hands dirty working in the trenches!"

Rally in front of Courthouse on November 10 to increase payments for seniors and diabled community

EUREKA--  CA4SSI  (Californians  for  SSI)  is  holding  a  Statewide  Day  of Action:  “United  for  Equity”  in  support  of  increasing  SSI/SSP  payments  to seniors  and disabled  recipients  on  November  10,  2015.  During  this Statewide  Day  of  Action  local  organizations,  SSI/SSP  recipients,  and advocates  ACROSS  the  state  of  California  will  bring  attention  to  the unacceptable  conditions  California’s  SSI/SSP  recipients  are  forced  to  live  in daily.  The  Humboldt  County  CA4SSI  Day  of  Action  will  begin  with  a  rally  and will conclude  with  an  educational  presentation  before  the  Humboldt  County Board of  Supervisors,  where  they  will  be  asked  to  show  their  support requesting  the  State  to  increase  the  amount  of  subsidy  for  persons  on SSI/SSP  and  thereby  reduce  poverty  for  seniors  and  people  with disabilities. The  public  is  encouraged  to  attend  the  rally  and join  CA4SSI  in  demanding increases  in  SSI/SSP  benefits  that  will  reduce  poverty.  The  rally  will  be  in front  of  the  Humboldt  County  Courthouse,  825  Fifth  Street,  Eureka,  on Tuesday,  November  10th  from  11  a.m.  to  1:00  p.m.  Following  the  rally  at 1:30 we will ask the Board of Supervisors to support the CA4SSI.

Bullock jury trial dates confirmed for February 2016, his family attends

This morning a special set for a pre trial hearing was scheduled in Courtroom 1. There was no other media in court.

Just me, a victim witness representative, DA Investigator, the attorneys. Bullock was chatting with his attorney. An older man and woman named Carol walked in, she tried to talk to Bullock but was cautioned by bailiff. Bullock did not even look at her. He sat stone faced for the rest of the brief hearing. Carol Bruno is Bullock's mother.

Deputy District Attorney Jackie Pizzo subbed in for her colleague, Ms. Stacey Eads who is prosecuting the case. Conflict Counsel's Kaleb Cockrum who is representing Bullock said he spoke wirh Eads and they are confirming dates.

Judge Feeney hinted at a possible delay by asking if any additional dates needed to be scheduled, both attorneys said no.

Judge Feeney said, "We will leave future dates for the time being."

Mr. Cockrum thanked the Court, "I appreciate the extra time that the Court gave me to speak to Mr. Bullock about the second doctor's report."

Other than once during the preliminary hearing, one of the pre trial hearings, this is the only time Bullock has had any family members or supporters in the courtroom. After court, Bullock's mother and step-father spoke privately with Mr. Cockrum in a conference room.

Oct 14, 2015

No third psychiatrist will be appointed for Bullock, second doctor's report in

Today a pre-trial hearing was specially set at 4 p.m. in the Gary Lee Bullock case. The purpose of the hearing was to see the status of the report by the second psychiatrist, Dr. John Chamberlain, who was supposed to evaluate Bullock. By his attorney's request last time, Bullock's personal presence has been waived for today's hearing.

 Mr. Cockrum said he did not know before today's hearing that Dr. Chamberlain had met with Bullock.

Judge Feeney said he received Dr. Chamberlain's report on October 9. He made copies for both attorneys today.

Judge Feeney said he will not be appointing a third expert as he indicated last time. He cited Section 48.47 and said that in a not guilty by insanity plea, "the Court must appoint two, may appoint a third."

The appointment of the third expert is discretionary, said Judge Feeney.

He set another pre- trial hearing for October 30 at 9:30 a.m. to give "counsel time to review the report." He indicated Mr. Cockrum would probably want to meet with Bullock about Dr. Chamberlain's report.

Judge John Feeney is the assigned trial judge for this case. Deputy District Attorney Stacey Eads was present for the People. Conflict Counsel's Kaleb Cockrum is representing Bullock.

Fr. Eric Freed's twin sister, Karin, was in court.

I did this post back in November 2014 on the McNaghten rule.

Sep 30, 2015

Gary Lee Bullock trial reset for February 8 due to psychiatrist reports not being in on time

Trial confirmation and and a motion to continue the Gary Lee Bullock jury trial was scheduled for this afternoon at 4 p.m. The jury trial date for October 13, 2015 was vacated.

The People did not file an opposition but in court Deputy District Attorney Stacey Eads said, "We are very much wanting this matter to proceed as soon as possible. Since we have only received one of three reports, there is good cause for continuance ."

Mr. Kaleb Cockrum represents Bullock. Only one of three court appointed psychiatrists has met with Bullock and submitted a report.

That is Dr. Ana Glezer. Dr. John Chamberlain has to yet meet with Bullock. The third expert John Greene excused himself from the case.

"As counsel well know, three court experts were appointed to evaluate Mr. Bullock," said Judge Feeney. "Only DR. Glaser has provided us with a written report. Dr. Chamberlain responded to correspondence from the Court. He anticipates the evaluation report by October 7 or 8, 2015. Dr. Greene has advised in written form and excused himself from the case. We are not in a position to proceed with the trial."

Mr. Cockrum said that Dr. Chamberlain had yet not met with Bullock. Judge Feeney said that he would "prefer to hear from Mr. Chamberlain before appointing another expert."

Ms. Eads told Judge Feeney that Fr. Eric's twin sister who was in court wished to address the court. She is "quite opposed" to the continuance.

 Mr. Cockrum objected to Ms. Karin Freed speaking at this hearing but Judge Feeney allowed her to speak.

Mr. Cockrum said that "we don't object to her speaking at sentencing in the future or at trial but we object to her speaking today."

Judge Feeney said, "I think the victim's family members have a right to be heard at various stages of proceedings." He then said to Ms. Freed, "At this time we are only addressing scheduling."

"The concerns are that the family is still in limbo.," said Ms. Freed. We would like it to move. My father is 90 years old. He would like some peace and resolution instead of these continuances draggin on. We are in limbo. We can't move further."

Due to Mr. Cockrum's schedule with two other jury trials that "are not time waived and would preempt this case" as well as court expert reports not being completed, the new trial date is February 8, 2016. Trial confirmation is January 13 at 4 p.m. in Courtroom 1.

An pre-trial, interim date for status of reports is set for October 14 at 2 p.m.

Bullock's personal appearance has been waived from court upon request by defense until the second court psychiatrist evaluation is in because they have no idea until the last minute when the experts will come see him, said Mr. Cockrum.

It was on February 10, 2015 that Bullock entered a not guilty by insanity plea, in addition to his not guilty plea.

There is extensive coverage on this blog on the Bullock case.

Sep 28, 2015

Another continuance filed by defense for Gary Lee Bullock jury trial

Just checked the computers. Trial confirmation this Wednesday at 2 p.m. will now include a motion by Conflict Counsel requesting a continuance.

This is the fourth continuance by the defense.

Sept 22, 2015:

A pre trial conference with a special set of 3 p.m. in Courtroom 1 was scheduled this afternoon. It was continued to tomorrow because DDA Eads was not available. DDA Issac works part time and is currently not in the office.

The last court hearing was in a closed courtroom, the one before then was open but only because it was a Visiting Judge and all that happened was the date of September 10 was continued.

The jury trial has been assigned to Judge John Feeney. The case is being prosecuted by DDAs Andrew Isaac and Stacey Eads. Conflict Counsel's Mr. Kaleb Cockrum has been appointed to represent Bullock.

Fr. Eric's sister was in court and found out just as I did around 2:35 when Judge Feeney announced it in court. She walked off upset, which I can understand, this has happened three times now.

Due to the gag order, I can understand why public and press don't know, even though these last minute changes continue in cases with gag orders but to not notify family members of victims when this is happened the third time needs to be addressed.

As I was leaving, Times-Standard reporter Tabitha Soden was walking in and I told her of the rescheduling. No other media was in court.

Sep 10, 2015

Next hearing for Gary Lee Bullock set for September 22

A special set at 3 p.m. in Courtroom 1 was scheduled this afternoon by Judge John Feeney for the Gary Lee Bullock case. The attorneys met with Judge Feeney behind closed doors.

Next date is September 22 at 3 p.m.

Last post:

Sep 2, 2015

Gary Lee Bullock continued until September 10
A pre-trial hearing was scheduled this afternoon for the Gary Lee Bullock case. The trial Judge is John Feeney. Visiting Judge Marjorie Carter is subbing in for Judge John Feeney this week.

Judge Feeney sent emails to both attorneys requesting matter be continued until next week on September 10.

Conflict Counsel's Kaleb Cockrum is representing Bullock. Deputy District Attorney Mr. Andrew Isaac and Ms. Stacey Eads are prosecuting the case for the People. Ms. Eads was present for the People on September 2.

At the last hearing, on May 7, a 3 p.m special set time for status of reports and trial setting was scheduled in Bullock case.Judge Feeney met with DDA Isaac, DDA Stacey Eads and Mr. Cockrum privately in chambers.
Then the courtroom was opened and Judge Feeney said, "I believe we are in a position to set a trial date."
He said that in Chambers, "Counsel had discussed October 12 but since that is a court holiday, that the jury trial would be set for October 13 at 8:30 a.m." Pre-trial is September 2 at 2 p.m. and Trial Confirmation is September 30 at 2 p.m.

Fire Department confirms that fire at Floyd Squires building on H is suspicious

Approximately 0022 hours, Humboldt Bay Fire (HBF) was dispatched to a reported structure fire on the 800 block of H St.  Two fire engines, one ladder truck, one squad, and two duty officers responded on the first alarm assignment.
The first arriving Battalion Chief reported heavy gray smoke pushing from a single story attached garage in the alley behind 811 H St.  The ladder truck crew was assigned to begin working to gain entry to the garage as the first arriving fire engine began setting up for fire attack.  While gaining entry to the garage via the roll up doors, fire began showing from the interior and two propane cylinders exploded within the structure.  Fire crews momentarily retreated before re-engaging in suppression efforts.  With the garage now heavily involved in fire, the fire began extending to the attached vacant residential structure.  At that time, a second alarm was called bringing another fire engine from HBF, and an additional engine and Chief Officer from Arcata Fire District to the scene.
Due to the building construction and age, as well as the fire extending to the attic of the structure, fire crews worked approximately 90 minutes to get full control of the fire.  With the building being vacant, plywood over the doors and windows slowed access to the interior of the structure, but crews were able to do a thorough search and determine that there was no one inside.
Crews remained on scene for several hours overhauling the fire to ensure it was completely out.  Preliminary damage estimates show approximately $75,000 idamage to the structure.  There were no injuries to civilians or fire personnel.
The cause of the fire is under investigation, but is suspicious in nature.

Oct 29, 2015

Former fugitive Silverio Sanchez makes headlines, cases awaiting trial, the main one has a stay ordered by Court of Appeals

Silverio Sanchez has so many cases, and with so continuances in the midst of several high profile trials, this one was almost forgotten. The last time I attended court was on August 18. Since then, there have been disposition and reset hearings. Judge Joyce Hinrichs called about half a dozen cases for Sanchez this afternoon. Mr. Neal Sanders is representing him on most cases, with Mr. Ben McLaughlin also representing him. Mr. Sanders appeared in court this afternoon on behalf of Mr. McLaughlin.

The one case that was supposed to go to jury trial has a stay ordered by the Court of Appeals. A date for November 23 at 2 p.m. has been scheduled for an update. Deputy District Jackie Pizzo is prosecuting the case.

No other media has been following this case for a while.

Aug 18, 2015

995 motion for Silverio Sanchez results in one count being dismissed, rest denied, case to proceed to jury trial

This afternoon in courtroom 2, the 995 motion was heard for Silverio Sanchez. Count 1 was dismissed, the People agreed with the merits of Mr. Neal Sanders arguments, Judge Miles said. As to Counts 5, 6, 7 and 9 after reading pleadings from both parties and reviewing preliminary hearing transcripts, Judge Miles denied the defense's motion.

Jury trial date remains as scheduled.

Aug 1, 2015

Attempted murder charge dropped, if defense 995 motion is granted, Silverio Sanchez case that made headlines may end up "resolving"?

On July 30, Judge Marilyn Miles, not  a Vsiting Judge was going to hear a 995 motion for former fugitive Silverio Sanchez . The 995 motion seeks to dismiss Counts 1,5, 6 and special allegations as well as Counts 7 and 9 is what Mr. Sanders said in court that day.

While this is not the case that Sanchez is being represented by Mr. Ben McLaughlin, he did attend the court hearing upon the request of Mr. Sanders. Mr. McLaughlin told Judge Miles, "The matters in which I represent continue to trail. If Mr. Sanders' matter is resolved, mine will resolve."

DDA Jackie Pizzo who was in court said she just saw Mr. Sanders' response to the opposition filed by the People to the 995. She said DDA Zach Curtis who is the prosecutor on this case is on vacation and she was quite certain he had not seen the response. Judge Miles had not been given the response by Mr. Sanders and she just saw the "pleadings" in the file in court so needed time to read them. 

Mr. Sanders agreed that the matter be continued to allow Judge Miles a chance to review the pleadings.

Next court date is August 18 at 2 p.m. in Courtroom 2 for the 995 motion. The jury trial for the case in which Mr. Sanders is representing Sanchez is scheduled for Sept 21.


In October 2014, Silverio Sanchez waived his preliminary hearing and the attempted murder charge was dropped. This was on the case that private attorney Ben McLaughlin is representing him.

Oct 14, 2014

Silverio Sanchez preliminary waived; attempted murder charge dropped

Arraignment on information for Jury trial on November 3 at 2 p.m. DDA Zach Curtis stipulated with Silverio Sanchez's attorney, Mr. Ben McLaughlin, to drop Count 1 which is the attempted murder charge and the special allegation associated with it and Sanchez agreed to waive the preliminary hearing.

When Sanchez is arraigned on information for the jury trial, the other counts have been modified to add a special allegation of great bodily injury to Counts 2 and 3 and this was part of the stipulation to waive the preliminary hearing. Sanchez will be charged with Count 2 which is battery on law enforcement; Count 3 which is evading law enforcement with injury and two counts of intimidation of witness.

Then his other private attorney, Mr. Neal Sanders has filed a 995 motion. It was supposed to be heard by a visiting Judge.

Jun 25, 2015

995 motion for former fugitive Silverio Sanchez to be heard by Visiting Judge

Jury trial date for tge felony case for Silverio Sanchez remains set but a 995 motion filed by Mr. Neal Sanders to dismiss certain charges against Silverio Sanchez will be heard on July 7 by a visiting judge in Courtroom 2 since Judge Marilyn Miles,will be on vacation.

Sanchez's family was in court today and spoke with Mr. Sanders after court. Mr. Sanders appeared for Mr. Ben McLaughlin on Sanchez's other cases.

Sanchez nodded to a brother when he came in. The bailiff adminished them later when they tried to communicate.

No media was present in court. Channel 3 came briefly but had to leave before case was called.

May 26, 2015

4 cases on calendar for Silverio Sanchez including arraignment on kidnap, forcible rape, criminal threats and unlawful sexual intercourse with victim 3 years younger

4 cases are on calendar this afternoon in Courtroom 2 for Silverio Sanchez.

Three cases are on for disposition and reset. One for a felony, drugs. Two misdemeanors for assault and battery. The fourth case is for a felony with 10 counts and two special allegations.

Mr. Neal Sanders was appointed on the felony case.  Today, Mr. Sanders appeared with Sanchez on behalf of Mr. McLaughlin for the three cases on for disposition and reset. Nothing happened with those three cases.

Neither Judge Marilyn Miles or DDA Andrew Isaac or Mr. Sanders had received the complete preliminary transcript for the felony case with 10 counts so Mr. Sanders said, "I reserve the issue for demurrer. The situation is similar to the previous case." This was referring to the demurrer in the Vincent Ortiz case.

Jury trial is set for July 28 and Trial confirmation is for June 25 at 2 p.m.

Counts 1 and 2 are unlawful kidnapping of Jane Doe to commit rape, Count 3 and Count 4 are criminal threats to Jane Doe and she feared for the safety of her family, Count 5 is stalking, Count 6 attempt to kidnap, Count 7 first residential burglary, Count 8 assault likely to cause great bodily injury, Count 9 forcible rape, Count 10 unlawful sex with a minor 3 years younger.
Previous posts:


Jury trial set for suspect in alleged home invasion of his own mother's home in Sohum

Seth Morton withdrew his time waiver in Courtroom 5 this afternoon. His case was scheduled for disposition and reset this afternoon.

Deputy District Attorney Stacey Eads is prosecuting the case. Mr. Casey Russo is representing Morton.

Jury trial is December 14 at 8:30. Trial confirmation is December 3 at 2 p.m.

Oct 7, 2015

Seth Morton jury trial for alleged home invasion and robbery of his own mother's home continued

The jury trial for Seth Morton scheduled for October 13 has been continued as was today's trial readiness by stipulation.

A disposition and reset hearing is scheduled for October 29.

He was held to answer on all charges after the preliminary hearing in July.

This is one of the links from the preliminary hearing.


May 1, 2015

Seth Morton preliminary continued, now scheduled for June 1

DDA Andrew Isaac was present for the People today in Courtroom 2. Mr. Casey Russo, from the Public Defender's office is representing Morton. The People did not object to the continuance. Judge Marilyn Miles said "good cause" had been shown. There were no details given. Morton entered a general time waiver today.

Intervention is on May 19 at 3 p.m. and Preliminary hearing is scheduled for June 1.

Previous posts:


Ex-felon and residential burglar caught breaking and entering was ready to plead today but there was a glitch

Thomas Prince was scheduled for a pre-trial in a felony case and disposition and reset in other cases trailing the felony case. His attorney, Public Defender Mr. Casey Russo told Judge Joyce Hinrichs that Prince was ready to plead today, his plea form was all filled out.

Deputy David Christensen who is prosecuting the case was not in court today, his colleague DDA Stacey Eads said this was not her case and she was not going to take the plea.

Dates were set for jury trial on on December 7 and Trial Confirmation on November 26. Judge Hinrichs told Mr. Russo the case could be placed on calendar before those dates for early resolution.

Sep 29, 2015

Ex felon and alleged residential burglar Thomas Prince waives preliminary hearing, will be arraigned for jury trial

Thomas Prince who was sentenced to five years in state prison for domestic violence in 2012 and then arrested in August 2015 for the following incident waived his right to his preliminary hearing this morning.
Public Defender Casey Russo is representing Prince. Deputy District Attorney Stacey Eads is prosecuting the case. Arraignment for jury trial is October 13 at 2 p.m. in Courtroom 2.

EPD Press Release:

On 07/31/15 at about 11:49 p.m., the Eureka Police Department Communications Center received a call from a resident on the 2500 block of California Street.  The caller said their neighbor’s home was being burglarized.

Officers responded and observed a broken window to the rear of the residence and could see a person moving room to room inside.  Officers secured a perimeter around the house.  The suspect, later identified as Thomas Prince, 31 of Eureka, became aware of the officers and attempted to flee out of a window.  He was met by officers and retreated back inside.  He then tried to flee out the front door but was again met by officers.

Officers lit up the residence with patrol vehicle spotlights and communicated with Prince with a loudspeaker.  Prince was told to come out with his hands up.  Prince eventually complied and was taken into custody without further incident.  K9 Vex cleared the residence and no other suspects were located.

Prince was booked into the Humboldt County Correctional Facility and charged with Burglary, Ex-Felon in Possession of a Firearm, and Parole Violation.
Previous posts:


Lindsay Kaminsky, the woman charged with stabbing her husband, completely different person now then when arraigned

A disposition and reset hearing was scheduled this afternoon in Courtroom 5 for Lindsay Kaminsky. Mr. Manny Daskal is representing Kaminsky.

Deputy District Attorney Stacey Eads was present for the People. An intervention and preliminary hearing in September was vacated and the same hearings in October were continued for today's date.

"We are awaiting the resolution of a psych evaluation," said Mr. Daskal. Another disposition and reset hearing was scheduled for November 10 at 2 p.m.

Kaminsky was smiling and alert as she spoke with Mr. Daskal today. This is completely different from the subdued, silent woman who was arraigned.

Aug 25, 2015

Pysch evaluation ordered for suspect charged with stabbing her husband

A disposition and reset hearing was scheduled this afternoon a 2 p.m. for Lindsay Kaminsky. At the last hearing on August 13, the defense requested yet another continuance stating a confidential reason.

A funding order was just signed today to get a psych evaluation for Kaminsky. Her husband was not in court for the first time today. Intervention is set for September 24 at 3 p.m. in Courtroom 2. Preliminary hearing for September 30 at 8:30 a.m. Her attorney Mr. Daskal said "I think we have a,resolution" when preliminary hearing date was set.

DA Maggie Fleming was present for the People.

Lindsay Kaminsky is charged with corporal injury, assault with deadly weapon, great bodily injury and stabbing her husband with a knife. 

She previously had preliminary hearing scheduled on August 13.Her attorney Mr. Manny Daskal asked for a continuance that day stating the reason was confidential and asked to approach the bench. The People did not object to the continuance. DDA Brie Bennett was going to handle the preliminary hearing for her colleague Ms. Kelly Neel. 

Glenn Kaminsky, the husband and alleged victim in this case was in court.

Previous post (with other links):

Resolution before jury trial may happen in case for former Hoopa softball coach charged with alleged sexual charges involving former student

This afternoon, trial setting for former Hoopa softball coach, William Jarnaghan, was scheduled in Courtroom 5.

Deputy District Attorney Brie Bennett is prosecuting the case. Mr. Neal Sanders is representing Jarnaghan. DDA Jackie Pizzo subbed in for her colleague this afternoon.

Mr.  Sanders said, "We are trying to see if we can get a resolution on the case. We were hoping for that today. The family needs to decide what kind of disposition they want."

Since it is a time waived case, jury trial was set for February 16 at 8:30, Trial confirmation for February 2 at 2 p.m and pre trial on December 15 at 2 p.m.

DDA Jackie Pizzo said, "My only concern about setting it in February is that I haven't spoken with the victims."

Judge Hinrichs said that while she realizes that under Marcy's law, victims are entitled to speedy resolution, this is a time waived case and "we are trying to set realistic time frames" of when cases will proceed.

Oct 14, 2015

William Jarnaghan enters not guilty pleas at arraignment for alleged sexual charges against minor victim

Former Hoopa High school softball coach William Jarnaghan was arraigned on information this afternoon in Courtroom 2. Exact same charges as preliminary hearing. All counts are against a female victim under 18 years old. Counts 1,2 and 3 are felonies. Sexual penetration/Foreign object PC 289 (h). Counts 4,5 and 6 are misdemeanors. Annoying/Molest a child under 18 years. PC 647.6 (a)(1).

If convicted, Jarnaghan will have to register as a sex offender.
Jarnaghan entered not guilty pleas.

Deputy District Attorney Brie Bennett is prosecuting the case. Mr. Neal Sanders is representing Jarnaghan.

Trial setting is 10/29 at 2 p.m. in Courtroom 5.

Previous posts:


Twelve jurors selected in Warren case, six alternates being selected, opening arguments may start Monday

Depends on how long it takes to select the six alternates on Monday. At the end of today, Mr. Brown had finished questioning 11 of twelve alternates. People still have to question the alternates.

People still have not opposed defense motion to dismiss in Kailan Meserve case, if granted most charges will go away

The People have yet to file an opposition to defense motion in the Kailan Meserve case which will be heard on November 10.

I have a copy of the 52 page motion. If this motion is granted, there will be practically nothing left to charge Meserve with in this case.

The main argument of the 995 motion is that in the preliminary hearing, the People relied solely on the testimony of DA Investigator Kyla Baxley. The defense is claiming insufficient evidence.

Criminal proceedings suspended against man who assaulted an elder and dependent adult near Courthouse Market

Dressed in red since he is housed in the administrative segregation unit and bound in chains, Kristopher Jett sat silently in Courtroom 5 this morning as his attorney, Conflict Counsel's Mr. David Lee, told Judge Joyce Hinrichs, that he was declaring doubt regarding Jett and requesting a professional be appointed to evaluate Jett.

Judge Hinrichs then stated on record that Jett's attorney "has declared doubt as to his mental competency according to Penal Code 1368. Criminal proceedings in Jett's cases have been suspended."

Dr. Ramirez was appointed to evaluate Jett and if he is unavailable, Dr. Roy was appointed as an alternate.

Deputy District Attorney Jackie Pizzo was present for the People.

Oct 19 post:

Kristopher Jett was arraigned for a felony, assault on October 16 and Conflict Counsel's Mr. David Lee was appointed for him. Intervention is set for October 22, preliminary hearing for October 29.

Count 1 is assault with a deadly weapon with a special allegation of a prior conviction in Del Norte County for PC 594 (b) 1.

Count 2 Elder/Dependent abuse. The complaint alleges Jett willfully caused " an elder and dependent adult to suffer unjustifiable physical and mental suffering", the victim is James Louis Stratton. Same special allegation of prior conviction of P 594 (b) 1.

Jett also has a prior conviction from Del Norte County for PC 422 which is a special allegation for both counts.

Oct 14, 2015

I had notified Eureka Main Street with concerns about Kristopher Jett who was just arrested for assault

Kristopher Jett has been hanging out near 3rd and I for two months. He would alternate between the parking lot on 3rd and I and the old Winzler and Kelly offices on 3rd and H, sleeping and playing loud music on his cell phone.

He would beg for money, snub if you offered change. When his behavior got more erratic, and I saw him damaging columns at the old Winzler and Kelly Office with a big knife, I notified Charlotte McDonald from Eureka Main Street two days ago. He had also been yelling with no provocation to passerbys.

EPD Press Release:

On 10/13/15 at about 8:30 p.m., Officers with the Eureka Police Department were dispatched to the 900 block of 4th Street for the report of an assault with what appeared to be a pipe.

Officers responded and found the suspect across the street waiting for officers near the entrance to the Humboldt County Correctional Facility. 

The suspect was identified as Kristopher Jett, 29, transient of Crescent City. 

The victim had moderate injuries to his face but declined medical attention on scene.  Based on victim and witness descriptions, it was determined that Jett attacked the victim with the handle end of a golf club without reason.

Jett walked into the jail with officers and was charged with assault with a deadly weapon and parole violation.