Jan 31, 2016

Councilmember Kim Bergel gives us a peek at Ramone's parklet

The first parklet in Old Town is almost complete.

Photo from Councilmember Kim Bergel:


Blind veteran's bike allegedly stolen from his garage in Eureka


It is one of a kind. Call law enforcement if you spot it. It is a white and grey Giant Defy Advanced with specialized wheels.

According to his wife, this allegedly happened while they were moving into their home in Eureka on California street and the bicycle was in the garage. They reported this to the police.


Humboldt deputies, let's show Colorado we have better dance moves

http://kdvr.com/2016/01/29/el-paso-county-sheriff-caught-dancing-in-elevator-in-facebook-video/

I think at the next retirement ceremony, the elevators is where the real news scoop will be.

Alleged theft of medication brings out two police cars and three officers

Two police cars and three police officers talking to a man near 3rd and I. Officers won't give much information other than they were filing a report regarding alleged theft of medication.






Jan 30, 2016

Two unexpected gifts, two priceless treasures

How blessed I am . Several of the families who lost loved ones and whose cases I covered even before jury trials keep in touch with me.

Recently, I have heard from one of these wonderful families. We got to know each other under difficult circumstances. They were concerned about me with Fr. Eric's trial coming up.

I also received a gift today from someone who started out as a media colleague, with us covering court cases together, who has become a trusted and cherished friend. The gift was especially thoughtful since it has to do with the Catholic Church and the Blessed Mother.

I have not been going to church for a few months. My relationship with Jesus is still the same. My faith stronger. I miss my friends and parishioners but I am exactly where God wants me to be.

Friendships are not about how long you have known someone or how often you talk to someone.

Family is not blood, and has never been for me.

Both, my friend and the family that reached out to me today. Thank you.


Preliminary hearing continued for Thomas Lusk, Miranda man charged with torture, rape by force , false imprisonment of female victim who met him at a bus stop

Both the intervention hearing and Preliminary hearing for Thomas Lusk were continued and new dates have been scheduled. Intervention is February 25 at 3 p.m. and Preliminary hearing March 8 at 8:30 a.m.


Nov 19, 2015

Preliminary hearing finally set for Thomas Lusk charged with 6 felonies including torture, rape, false imprisonment, oral copulation and has prior conviction of terroristic threats

A preliminary hearing was finally set for Thomas Lusk, who had yet another disposition and rest hearing scheduled for today.

Lusk is charged with six felonies. Count 1 Torture; Count 2 Rape by Force, Count 3 Penetration by a Foreign Object, Count 4 Oral copulation with Force/Violence/Duress, Count 5 Assault likely to produce great bodily injury; Count 6 False Imprisonment and a special allegation of a prior felony conviction, which was of making terroristic threats.

Mr. Greg Elvine-Kreis was present in court today with Lusk. Deputy District Attorney Zachary Curtis is prosecuting the case.

Jul 23, 2015


Preliminary hearing for Thomas Lusk, the Miranda man accused of sexual assault continued

A disposition and reset hearing set for August 13 at 2 p.m. in Courtroom 2. Lusk waived time. DDA Brie Bennett is prosecuting the case. Conflict Counsel's Mr. Marek Reavis is representing Lusk.

Lack of courtrooms is reason for the change.

Lusk's bail was  set at $650,000. 

Jul 9, 2015


Man who was arrested for mistreating a dog in 2011 now charged with alleged sexual assault



HCSO Press Release:

On Monday, 07/06/2015, at about 8:15 PM, a Humboldt County Sheriff’s Office Deputy was dispatched to CA Highway 254 just north of Phillipsville to contact a California Highway Patrol Officer who was standing by with the victim of an alleged sexual assault.

The 31 year old female victim reported that she met Thomas Leonard Lusk Jr., age 34 years, about three days ago near Miranda, CA. She was waiting for the bus to continue her travels. Lusk told her the bus wouldn’t be arriving for several hours and he suggested she wait at his residence. The victim thought this was a good idea and she went with Lusk to his residence in Miranda.

Lusk and the victim were at his residence for several hours conversing. When the victim questioned Lusk about the bus, he became angry and started beating her with his fists and threatened to kill her. Lusk kept the victim captive, by force and fear, in his residence for the next three days where he sexually assaulted her repeatedly. On the third day Lusk left the victim alone and she was able to escape through a bedroom window. She ran to the highway where she encountered a subject in a parked car making a phone call. She jumped in the car, told the subject she had been sexually assaulted, and requested a ride to the hospital. The driver started toward the hospital and encountered the CHP officer who notified the Sheriff’s Office of the assault.

On Wednesday, 07/08/2015, Lusk was arrested at his residence where a search warrant was served. Lusk was arrested and charged with rape through force and violence, sexual battery, oral copulation through force or fear, sexual penetration through force or fear, criminal threats, and false imprisonment.

From Times-Standard article in June 2011:

Humboldt County Sheriff's Office arrested a Miranda man Wednesday night for allegedly firing shots at another man after the man confronted him about mistreating a dog.
Deputies arrested Thomas Leonard Lusk, 29, and booked him into the Humboldt County jail on charges of assault with a deadly weapon, unlawful discharge of a firearm, robbery and vandalism. His bail is set at $100,000.

Deputies received a call around 8 p.m. from a 23-year-old Eureka man who said he was shot at by an unknown person on the side of U.S. Highway 101 near the Miranda Bridge. Deputies and the California Highway Patrol responded.

According to a press release, the man had been parked in the turnout working on his broken-down vehicle when he saw Lusk mistreating a dog. The man said he "verbally confronted" Lusk about the mistreatment, reportedly angering Lusk, who threatened to shoot the victim before riding off on his bicycle.

About five minutes later, Lusk returned on his bicycle carrying what appeared to be a rifle. Lusk reportedly started shooting at the Eureka man, who fled into the bushes and called 911. Law enforcement officers reportedly arrived after Lusk allegedly entered the man's car and began removing items before fleeing into nearby bushes.

The officers ordered Lusk out of the bushes, and he complied.

After deputies informed Lusk he was under arrest, he reportedly began kicking the inside of the patrol car, damaging it. He was transferred to another deputy's patrol car and reportedly damaged the interior of the second 

Jan 29, 2016

HUMCPR's motion to recover attorney fees and costs from County rescheduled for April 8

There was a motion hearing set this morning in Courtroom 2 filed by HUMCPR
to recover attorney fees and costs from the County of Humboldt.

Jury selection for the second trial in the Jason Arrega case is currently going on in Courtroom 2. Arreaga is is charged with the double homicide of Harley Hammers and Angel Tully.

The motion hearing for the HumCPR case against the County was rescheduled for April 8.

A and J Ichiban offers great food but the real draw is HumCo's darling Ms. Sherae

The former home to Pho Thien Long is now A and J Ichiban, located at 615 F Street in Eureka. Bayfront customers will recognize Jackie, one of the owners whose Tepinyaki skills they are familiar with.

In addition to sushi and Japanese staple dishes, you can try bacon asparagus rolls or mix it up with BBQ pork ribs or some pesto fettucine.

The real draw is if you luck out and your server is none other than Humboldt's darling Ms. Sherae o'Shaughnessy.




Animal cruelty case being investigated by Sherrif's office, vet informs about dog with amputated leg

On Thursday, January 21, 2016, the Humboldt County Sheriff’s Animal Control Office was notified by a veterinarian’s office of a dog with a partially amputated leg. The veterinarian told ACO’s the leg must have been amputated several months ago because of the way the leg was healing. Animal Control Officers (ACO) responded to the veterinarian’s office and determined the dog would need surgery to remove the rest of his leg. The dog is an intact, one year old male, blond, German Shepherd/Husky mix. He is friendly and of good weight. The dog’s leg was amputated by an unknown person just below the elbow. The dog was surrendered to the Humboldt County Animal Shelter and is in need of surgery. The Animal Shelter is asking for donations to help with the cost of the dog’s surgery.
This case is under investigation by ACO Hale. If anyone has information regarding this case, please contact the Animal Shelter at (707) 840-9132.

DA files another motion to amend charges in Gary Lee Bullock case set for jury trial on February 8 for the death of Fr. Eric Freed

A trial readiness conference is scheduled for 4 p.m. for the jury trial for Gary Lee Bullock. The District Attorney's office filed a motion to amend information on January 28, 2016. That motion will also be heard on February 1.

The District's Attorney's office has already filed and was granted their a first amended information to add the special allegation of car jacking. See this link for more information http://johnchiv.blogspot.com/2015/03/bullock.html

Deputy District Attorney Stacey Eads who was co-prosecuting the case with DDA Andrew Isaac has now been assigned to CAST. For the last hearing, only Mr. Isaac was present.

Jan 14, 2016


Gary Lee Bullock trial confirmed for February 8, jury selection expected to last 2 weeks

Trial confirmation for the Gary Lee Bullock trial was continued to 4 p.m. today. The jury trial is currently scheduled for February 8, 2016.

The trial was confirmed for February 8, jury selection to last two weeks, since February 12 and 15 are court, People's witnesses will be subpoenaed for February 16. Trial Readiness is on February 1, 2016 at 4 p.m. in Courtroom 1.

Judge John Feeney met privately with Deputy District Attorney Andrew Isaac and Bullock's attorney, Mr. Kaleb Cockrum in chambers before court was open and they had "preliminary discussions regarding questions for potential jurors."

DDA Isaac told Judge Feeney, "I have a truncated witness list, mostly law enforcement and local."

Mr. Cockrum said that the County's Mental Health Department accidentally sent records subpoenaed by the People to him. They were sealed. He handed them to Judge Feeney, who will do an in camera review in the next couple of days to determine if they are relevant to this trial and if they are, both attorneys will get copies.

 Times-Standard and myself were the only media present. Others in the courtroom included attorneys, DA Investigator and Victim Witness were in court. Bullock stood silently for the brief court hearing.

Gary Lee Bullock is charged in Count 1 with the murder of Fr. Eric Freed on or about December 31, 2013. Bullock is charged in Count 2 with unlawful driving and taking of a vehicle and Count 3 attempted arson of an inhabited structure or property. There are two special allegations: carjacking and that the murder was intentional with infliction of torture.
These are the charges in the first amended information filed on March 10, 2015.

In the original information filed on January 31, 2014, instead of the carjacking special allegation, there was a charge of first degree residential burglary.

Bullock is accused of breaking into the St. Bernard Catholic Church rectory on New Year's Day and torturing Fr. Freed before beating him to death with a wooden stake and a metal rod. Bullock also allegedly attempted to burn Fr. Freed's body before leaving a lit cigar on the stove with the gas left on and departing the scene in Freed's vehicle. The cigar went out. Freed's body was found later on New Year's Day by Deacon Frank Weber after he did not show up for 9 a.m. Mass.

Details from the affadavit used for Bullock's arrest warrant that were also mentioned during testimony in the preliminary hearing.

Church surveillance video captured images of Bullock trying to open doors to the rectory, breaking a side window and crawling in.

Bullock was carrying the same wooden stake and rusty white-painted metal pipe found inside that police believe were used to beat Freed, the document states.

“There was a large amount of blood about his upper body, his legs were badly beaten and his nose appeared to be misshapen,” the affidavit said. “The suspect rolled the father into blankets, poured several bottles of 80 proof alcohol over the father and attempted to light the bedding on fire. A fire did light, but then extinguished itself.”

“The suspect also lit a cigar, placed it on the gas stove, and opened up the burners so natural gas flooded the building,” the affidavit added. “The cigar extinguished itself foiling the attempt to destroy the building by blast and fire.”



Jan 13, 2015

Gary Lee Bullock trial confirmation continued until tomorrow

Trial confirmation for the jury trial for Gary Lee Bullock was scheduled today for 4 p.m. Trial Judge is Judge John Feeney. Prosecutors are Deputy District Attorneys Andrew Isaac and Stacey Eads. Bullock is represented by Conflict Counsel's Mr. Kaleb Cockrum.

Due to Mr. Cockrum being tied up in another court, today's hearing is rescheduled for the same time tomorrow.

Bullock's mother and step father were outside court. They were also here at the last hearing.


Previous and most recent posts :


Bicyclist in Trinity and F collision last night dies


On 01/28/16 at about 5:17 p.m., Officers with the Eureka Police Department responded to F and Trinity Streets in Eureka for the report of an injury traffic collision involving a bicyclist and a vehicle.  The bicyclist was transported by ambulance to the hospital, but ultimately succumbed to his injuries.  

The preliminary investigation indicates that the vehicle, a 1971 Chevrolet pickup, was traveling west on Trinity Street with the right of way.  The bicyclist was travelling north on F Street and failed to stop at the posted stop sign.  The bicyclist rode into the path of the vehicle and was struck in the intersection.  The bicyclist was not wearing a helmet.  

DUI is not a factor in this collision.  The bicyclist's name will be released by the Coroner's Office once the next of kin has been notified.  This is an ongoing investigation; any witnesses to this collision are asked to call Traffic Officer Tim Jones at (707) 441-4109.


Coroner called to identify possible human remains in Hoopa

On Thursday, January 28, 2016, at about 7:20 p.m., the Humboldt County Sheriff’s Office received a report of possible human remains found on Redwood Grove Rd, Hoopa. Deputies responded and verified the remains as appearing human. The Criminal Investigation Division and Coroner’s Office were called out and are investigating the scene.

Jan 28, 2016

Accident photos from 7th and H









Accident at 7th and H. So far no injuries reported. Police on scene.

Photos by Steve Payton.

Bench warrant and $50,000 bail issued for one MIA in 7 co-defendant alleged marijuana and timber operation case

Out of seven defendants, two showed up and signed 977 forms in court yesterday. Four others had previously submitted 977 forms. Only Devon Greer was missing in action. He is being represented by Public Defender Owen Tipps. A bench warrant was issued by Judge Joyce Hinrichs with $50,000 bail.

Intervention is set for February 10 and Preliminary hearing for February 24. Roscoe Littlefield was represented by Mr. David Celli instead of Mr. Benjamin Okin.

Nov 10, 2015

"We do have a logging plan", do the charges against Timothy Littlefield Sr, Roscoe Littlefield and 5 other co-defendants have any muscle?

The arraignment for Timothy Littlefield Sr, Roscoe Littlefield and five other co-defendants was finally completed today.

One of the co-defendants, Robert Keller, represented by Conflict Counsel's Mr. Marek Reavis was arraigned at the last court hearing, entered a time waiver and signed a 977 form so he was excused from today's hearing.

Timothy Littlefield, Sr. is being represented by Mr. Russ Clanton, Hayden Taylor by Mr. Neal Sanders, Roscoe Littlefield by Mr. Benjamin Okin, Logan Blackshire by Allan Dollison, Speak Keller by Alternate Conflict Counsel's Ms. Jennifer Dixon (who subbed in today for Mr. Glenn Brown as he is busy with the Jason Warren case), and Devon Greer by Public Defender Mr. Casey Russo.

All co-defendants entered pleas of not guilty, waived the 10 and 60 day requirement. Mr. Sanders and Mr. Clanton reserved the right to demurrer, on behalf of their clients. Judge John Feeney said that all co-defendants could file 977 waivers if they wished.

A disposition and reset hearing is set for January 27, 2016 at 2 p.m. in Courtroom 5.

Deputy District Attorney A.J. Kamada is prosecuting this case.

After court, Littlefield Sr, told me, "We do have a logging plan." I told him I could cover what was said in court or in legal documents filed, and perhaps he should talk to his attorney before commenting about the charges to me, at least at this stage.

Nov 6, 2015

Roscoe Littlefield and Timothy Littlefield charged in a seven co-defendant case involving marijuana cultivation, timber operations without a license and 4 other counts

Seven co-defendant case had an arraignment scheduled to take place in Courtroom 5 this afternoon which includes Roscoe Littlefield and Timothy Littlefield,Sr. The arraignment was postponed until November 10 at 2 p.m. so private attorneys could be confirmed as counsel for 4 co-defendants, including Littlefield Sr who said he was going to try and retain Mr. Russ Clanton, who is representing his son Timothy Littlefield, Jr in another case.

Private attorneys Mr. Allan Dollison, Mr. Ben Okin and Mr. Neal Sanders will be asked by the Court to see if they can represent three co-defendants.

The offices of Public Defender, Conflict Counsel and Alternate Conflict Counsel were appointed for three defendants this afternoon but only one of them signed a 977 waiver, was arraigned and is excused from the November 10 arraignment. Conflict Counsel's Mr. Marek Reavis is his attorney.

Six counts, three felonies and three misdemeanors are alleged in this case for each co-defendant. The incident for which these seven men were being arraigned occurred "on and about July 21, 2014" according to the complaint. Deputy District Attorney Stacey Eads was present for the People.

Count 1 is possession of marijuana for sale, a felony. Count 2 is cultivating marijuana, a felony. Count 3 is allowing a place for preparing or storing a controlled substance, a felony. Count 4 is Timber operations without a license, a misdemeanor. Count 5 is Timber operations without a harvest plan, a misdemeanor. Count 6 is Misuse of Timberlands, a misdemeanor.

Littlefield Sr, has been featured on Pot Cops. http://hoggardfilms.com/portfolios/pot-cops/
He also lost a lawsuit against Humboldt County and the Court of appeals ruled that the seizure and destruction of  over1,500 pounds of marijuana was lawful. http://www.kmtg.com/node/2890
http://www.metnews.com/articles/2013/litt072913.htm

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$500,000 bail set for Sohum's Most Wanted Dale Baldridge

On Wednesday, January 27, 2016, at approximately 10:39 p.m. Humboldt County Sheriff’s Office Deputies and Fortuna Police Department Officers were conducting follow up to a vehicle investigation on the 2100 block of River Walk Dr, Fortuna. It was determined the license plates on the vehicle were stolen and did not belong to the vehicle. Deputies contacted the occupants of the residence, 38 year old Dale Baldridge, and 26 year old Natashia Aspinwall. Baldridge had several outstanding warrants for his arrest, and is on the Southern Humboldt’s Most Wanted poster.

Deputies entered the residence per the suspect’s probation search clause, and located approximately 35 lbs of shake and processed marijuana bud, approx. 4 grams of suspected methamphetamine, approx. 12 grams of suspected heroin, keys for the stolen vehicle, drug paraphernalia, suspected butane hash oil, several canisters of butane, counterfeit currency, a printer with $100 bills on the copying screen of the printer, and credit cards not belonging to Baldridge and Aspinwall. After further investigation, it was determined the vehicle was also listed as stolen out of Crescent City.

Baldridge and Aspinwall were transported to the Humboldt County Correctional Facility and booked for manufacturing counterfeit bills, possession of counterfeiting equipment, possession of a stolen vehicle, manufacturing a controlled substance, possession of a controlled substance, possession of concentrated marijuana, possession of drug paraphernalia, and violation of terms of probation. Baldridge was also booked on his outstanding warrants. Dale Baldrige’s bail has been set at $500,000, and Natashia Aspinwall’s at $500,000.


Just days after he was involved in a jail brawl with 9 inmates, with 23 cases already in the system, Brandon Haselip's burglary case dismissed

Brandon Haselip was one of the 9 inmates involved in a jail brawl recently. He has 23 cases in the court system. One of his most recent cases, in which he was a co-defendant charged with first degree burglary, was dismissed by the D.A.'s office. The prosecutor in the case was DDA David Christensen. Haselip had private attorney Allan Dollison appointed to represent him.

His co-defendant, Duncan Sevenstars Devine, changed his plea to guilty and will be sentenced. Judge John Feeney accepted Devine's plea on January 26.

Nicholas Johnson who shot at DA investigators has a jury trial and sentencing scheduled in an older case, with 18 cases in the court system

Nicholas Johnson has 18 cases in the court system, with the majority being criminal. He  had a jury trial set for February 1 for the alleged murder of David Ganfield. His co-defendant Jonas semore is currently being tried separately.

On January 29, Johnson had a disposition and reset hearing as well as probation/sentencing set for two older cases. Since he is still in police custody and at the hospital, those dates no longer appear on calendar.

EPD Chief Andy Mills is at the joint meeting of Board of Supervisors and Eureka City Council.

DA Maggie Fleming has been advised of the situation. A press release will be out shortly. Chief Mills will then be available for more questions.

Chief Mills said police officers were at 3200 Pine. "A man came out of the house and wanted to get into a confrontation with the officers. This resulted in shots being fired." The person shot is expected to recover. A gun was recovered from the scene.

From EPD PIO Brittany Powell at 2:25 p.m.:

Regarding the incident on Pine Street today, we anticipate to have a press release with more information out by 4:30 p.m Chief Mills will be available for questions at his office today at 5 p.m.

EPD Press Release:

On 01/26/16 at about 11:50 a.m., Investigators with the Humboldt County District Attorney’s Office were conducting follow-up on a homicide investigation near the 3200 block of Pine Street in Eureka.  The Eureka Police Department’s Problem Oriented Policing Unit was a short distance away.

The DA Investigators were attempting to contact residents when a man came out firing an assault rifle towards Investigators without warning.  Investigators returned fire, striking the man.  The man was placed under arrest and transported to the hospital by ambulance.  The man underwent surgery and is expected to survive.

The Critical Incident Response Team (CIRT) was activated and multiple agencies responded to assist.  Because the DA’s office was involved, a Humboldt County Sheriff Investigator and Eureka Police Investigator were assigned as co-leads in the investigation.

District Attorney Maggie Fleming said, “I have made the decision that because Humboldt County District Attorney Investigators were involved in the shooting, I will not be involved in the review of the case and have asked the Attorney General’s Office to handle the review.”



Any witnesses to this incident are asked to call Senior Detective Harpham at (707) 441-4060.

Preliminary hearing rescheduled for Derek Payton charged with the murder of Eliot Walin

Due to a change in a new attorney being appointed in January, Derek Payton's preliminary hearing that was scheduled for February 9 has been vacated. He has a new intervention hearing on February 23 and his new preliminary hearing date is March 7, 2016.


Jan 6, 2016

Attorney for Derek Payton suspect in Eli Walin homicide files motion to withdraw

A hearing for confirmation of counsel and new dates to be set is scheduled for this afternoon.

Public defender Casey Russo was confirmed as Payton's attorney today.

Preliminary hearing is February 9 at 8:30 a.m.; Intervention is on January 26 at 3 p.m.


Nov 3, 2015

Derek Payton arrested for Eliot Walin homicide

I had already done a post that this was pot related on October 27.

Oct 27, 2015

"Everyone on the streets knows who did it", Source close to man shot at Watson and F alludes to pot as motive

Eliot Michael Walin, was known as Eli to his friends.

Michael Acosta, who represented Eli in his 2013 cases and considered him a friend called his death tragic. He leaves behind his young daughter, Elliot, named after him and a mother and sister who are very close.

Eli did serve time in prison, he had a few cases in the Humboldt Superior Court system, the most recent being the 2013 charges against him for assault on Deputy Conan Moore. He plead to one charge but had another similar charge dismissed. He also had two misdemeanor assault and bettery cases in 2013, one against an Andrew Lee Cross dismissed.

"He was trying to turn his life around," Mr. Acosta told me this morning.

A source close to Eli who wishes to remain unnamed, said as far as he knows Eli was unarmed, has heard different versions of whether he was shot in the back or the chest and alluded to "pot" as a motive. "Everyone on the streets knows who did it."


EPD Press Release:


Department were dispatched to the report of multiple shots heard in the vicinity of the 1500 block of F Street.  Responding officers located a victim, Elliot Michael Walin (age 31 of Fortuna), lying in the roadway near the intersection of Watson and F Streets. Walin had sustained a single gunshot wound to his upper torso and was being attended to by a couple of citizens.

Medical aid was summoned and Walin was transported by ambulance to St. Joseph Hospital where he was later pronounced deceased.  While this was occurring, hospital staff contacted the EPD Communications Center to report a second male gunshot victim had been brought to the emergency room by acquaintances who found him walking on Wabash Avenue.  The second victim was uncooperative but admitted to investigators he was with Walin at the time the shooting occurred.

EPD quickly developed a number of strong investigative leads and a suspect was soon identified.  On 11/02/15, at about 12:30 PM, EPD officers were dispatched to a motel on the 1200 block of Fourth Street regarding a suspicious person/circumstances call (involving a possible embezzled or stolen vehicle on scene).  Upon arrival, officers located Derek Charles Payton (age 22 of Eureka) whom EPD investigators had previously identified as the suspect in the homicide.  Payton was taken into custody on two misdemeanor domestic violence-related warrants and subsequently transported to EPD Headquarters where he was interviewed by the lead investigator on this case, Detective John Gordon.

During the interview, Payton confessed to having shot at both victims over a marijuana-related dispute.  Payton was transported to the Humboldt County Correctional Facility where he was booked on his warrants and for 187(a) PC (Murder) and 245(a)(2) PC (Assault with a Deadly Weapon (Firearm).  His bail was set at $1,050,000.00.

Meanwhile, EPD investigators obtained search warrants for a room and two vehicles associated with Payton at the motel.  While securing the motel room, investigators detained a female occupant, Lindzy Rose Yee (age 30 of Eureka). Yee was on probation for drug related offenses.

During a subsequent search of the motel room, investigators located methamphetamine and heroin.  Investigators also located and seized a handgun believed to have been used by Payton during the shooting.

Yee was arrested and transported to the Humboldt County Correctional Facility where she was booked for possession of controlled substance while armed, possession of drug paraphernalia, unlawful possession of a stun gun by a convicted felon, and probation violation.

March deadline for MMRSA repealed

Today the California State Assembly unanimously (66-0) passed AB 21, Assemblyman Wood’s emergency measure to repeal the March 1st deadline included in last year’s Medical Marijuana Regulation and Safety Act. 
AB 21 removes the March 1st deadline ensuring local jurisdictions maintain the authority to develop their own rules and regulations for cultivating medical cannabis indefinitely.
Assemblyman Wood said, “I am not advocating for or against a particular position on medical cannabis. I am advocating for local elected officials take the time to engage in a process that results good public policy, not knee jerk reactions.”
“Despite the people who said it couldn’t be done, this fix took the Legislature less than a month.  As a result the burdensome March 1st deadline will be repealed nearly a month before it would have gone into effect,” said Assemblyman Wood.  “Unfortunately cities were advised to act as fast as possible to ban activities of this industry because it was the easiest thing to do.  I have already spoken to the executive director of the League of California Cities, expressing my hope that they will join me in encouraging locals to develop thoughtful, reasonable regulations moving forward.   I hope they will work as vigorously to stop and undo placeholder bans as they did to roll them out.”
AB 21 is now on the Governor’s desk for signature. The Governor has publicly indicated he would sign a legislative fix to the March 1 deadline. Upon receiving the Governor’s signature the legislation will take effect immediately.

Same suspects that allegedly robbed gas station in Eureka repeat the same in Mckinleyville

On today’s date (1/28/16) at approximately 6:50 a.m. the Humboldt County Sheriff’s Office received a report of a robbery that just occurred at the 76 Gas Station on Central Ave, McKinleyville. Deputies arrived on scene and spoke with two of the victims. They stated two white males with ski masks entered the business. Supsect #1 brandished a small silver semi-automatic handgun at the victims and demanded money from the cash drawer. The second suspect grabbed cartons of cigarettes from behind the register. After the suspects were given the cash they left on foot southbound through the parking lot and got into an older green Honda Civic and drove off.
Suspect #1 is described as a white male adult, 5’8” in height, wearing a hooded sweatshirt with light gray and dark gray horizontal stripes, dark shorts, long socks, and a black ski mask.
Suspect #2 is described as a white male adult, 5’5” in height, wearing a black hoodie, light green pants, black shoes, and a dark gray ski mask.
These suspects possibly match the description of the suspects in the robbery that occurred in the city of Eureka this morning. Please see EPD’s press release for further information.

Gas station on 3500 block of Broadway robbed by two men wearing masks

On 01/28/16 at about 5:36 a.m., Officers with the Eureka Police Department responded to a gas station on the 3500 block of Broadway for the report of an attempted robbery that had just occurred.

The employee told officers that two males wearing masks entered the gas station and told him to open the cash register.  One male brandished a small silver semi auto pistol while the other attempted to open the cash register.  After a short time, the two males left the store empty handed in an unknown direction.  Prior to leaving, one male said, "Have a good day."  Officers checked the area but were unable to locate any suspects.  

Both males were described as light skin with black masks.  One male was wearing a gray horizontal striped hooded sweatshirt and shorts over pants.  The second male was wearing a black hooded sweatshirt and dark pants.  

Anyone with information related to this incident is asked to call Detective Cosetti at (707) 441-4315.

https://www.youtube.com/watch?v=iFuEfHU-TcE


Jan 27, 2016

Jesse Hiller arrested by EPD on Sunday, arraigned today in court

Jesse Hiller's bail was set at $10,000 for petitions to revoke his probation in two misdemeanor cases. He was also arraigned on a felony complaint this afternoon in Courtroom 5.

Jesse Hiller was arrested Sunday by the Eureka Police Department.

Deputy District Attorney Roger Rees was present for the People. Ms. Kelly Neel from the Public Defender's office was appointed for Hiller.




Previous Press Release:

On 11/5/2015 at about noon Agents of the Humboldt County Drug Task Force assisted by Deputies from the Humboldt County Sheriff’s Office attempted to serve a Humboldt County Superior Court search warrant on the 1500 block of Anna Sparks Way in McKinleyville.  The warrant was to be served during a traffic stop, and authorized the search for a large quantity of methamphetamine for sale.  Two uniformed Sheriff’s Deputies in clearly marked vehicles performed the traffic stop.

The subject of the warrant, Jesse Curtis Hiller, fled from the traffic stop at a high rate of speed.  Hiller fled on School Rd. and then southbound on Highway 101 where Officers with the California Highway Patrol took over the pursuit.  Hiller made numerous evasive maneuvers and reached speeds well in excess of 100mph before the pursuit was cancelled in the interests of public safety.

Later in the afternoon Agents served a search warrant at Hiller’s temporary residence in Loleta.  Agents discovered at least seven pounds of processed marijuana packaged for sale, scales, packaging consistent with methamphetamine sales, and a loaded .357 caliber revolver.  The revolver had been reported stolen in the burglary of Pacific Outfitters in Eureka in August.

A Be on the Lookout message has been issued for Jesse Curtis Hiller, date of birth 08/10/1986, and for his vehicle, a black 2010 Chrysler 300 with black custom wheels and chrome trim with the license plate of 7EEE835.  The Drug Task Force asks that anybody with knowledge of the whereabouts of Hiller or the vehicle contact the Humboldt County Sheriff’s Office at 707-445-7251 or their local Police Department.


Raul Sierra suspended from HSU, his alleged victim sobbed in court

Raul Sierra was denied release on OR by Judge Joyce Hinrichs after hearing from Deputy District Attorney Brie Bennett and Sierra's attorney Beorn Zepp. A referral has been made to Probation for a Supervised Release report.

Zepp gave letters of support from Sierra's family in San Diego to Judge Hinrichs. Zepp said Sierra has been suspended from HSU since his recent arrest.. He asked for reduction in Sierra's bail, which was denied. He then asked for a referral for  supervised release.

"Mr. Sierra had been cooperating with the system" since he was initially contacted last year, said Zepp. He said his client had no other criminal history and has never been in trouble before and has a good record at HSU.

DDA Bennett opposed Sierra's release. Ms. Bennett said the victim was in court and had told told her that she would feel safer if Sierra was in custody. Sierra had been served with a protective order.

Zepp countered, "Even before the order was issued, he avoided contact with the victim."

After the court hearing concluded, as Sierra was walking back to custody, the alleged victim, a young blonde woman, was sobbing.

Jan 26, 2016

HSU football player Raul Sierra pleads not guilty to charge of forcible rape, preliminary hearing scheduled for March 14

Raul Sierra was arraigned this afternoon in Courtroom 5. He plead not guilty and has retained a private attorney Beorn Zepp.

An OR/Bail hearing is scheduled for January 27 at 2 p.m., Intervention is on February 29 at 3 p.m. and preliminary hearing is scheduled for March 14.





Jan 25, 2016

HSU's Raul Sierra was charged with felony, forcible rape with use of drugs on December 18, 2015

An arrest warrant was ordered on December 30, 2015.

Count 1 alleges that "on or about November 7, 2015" Raul Eduardo Sierra IV was charged with rape by use of drugs."

Attorney General to review officer involved shooting on Pine Street today since it involved Humboldt County District Attorney Investigators

The alleged weapon is a .308 caliber assault rifle and the alleged shooting suspect is Nicholas Johnson, co-defendant in the David Ganfield homicide. 



His co-defendant Jonas Semore is in custody, awaiting trial, and was most recently one of the nine inmates involved in a fight in the jail.

Press Release:

On 01/26/16 at about 11:50 a.m., Investigators with the Humboldt County District Attorney’s Office were conducting follow-up on a homicide investigation near the 3200 block of Pine Street in Eureka.  The Eureka Police Department’s Problem Oriented Policing Unit was a short distance away.

The DA Investigators were attempting to contact residents when a man came out firing an assault rifle towards Investigators without warning.  Investigators returned fire, striking the man.  The man was placed under arrest and transported to the hospital by ambulance.  The man underwent surgery and is expected to survive.

The Critical Incident Response Team (CIRT) was activated and multiple agencies responded to assist.  Because the DA’s office was involved, a Humboldt County Sheriff Investigator and Eureka Police Investigator were assigned as co-leads in the investigation.

District Attorney Maggie Fleming said, “I have made the decision that because Humboldt County District Attorney Investigators were involved in the shooting, I will not be involved in the review of the case and have asked the Attorney General’s Office to handle the review.”

Any witnesses to this incident are asked to call Senior Detective Harpham at (707) 441-4060.

No bail for registered sex offender alleged to have violated his conditions of his parole including computer and internet usage

On 01-21-2016 Mendocino County Sheriff's Office Detectives went to the residence of John Roland Stahl, to conduct a compliance check pursuant to the terms of his conditional release from the California Department of Corrections.

Stahl, a registered sex offender, has several specialized terms he must abide by pursuant to his release and supervision by the California Department of Corrections & Rehabilitation.

Upon arrival, a search was conducted pursuant to Stahl's terms and was found to be in violation of many of the terms of his conditional release, in particular, terms pertaining to his computer and internet usage.

Stahl's Parole Officer was contacted and advised of the violations and a parole hold was placed on Stahl.

Stahl was booked into the Mendocino County Jail for a parole violation and was to be held on a No Bail status.

Computer related items were seized for further examination to determine if any additional charges should be sought against Stahl.

Jury trial set for May 31 for former HCSO deputy Jason Daniels charged with off duty rape

Trial confirmation May 17. One of Daniels' attorneys Steven Betts appeared by phone.

Deputy District Attorney Stacey Eads is prosecuting the case.


Sep 18, 2015

Jury trial for former HCSO deputy accused of sexual assault postponed to next year

The jury trial for Jason Daniels was scheduled for September 21. Due to courtroom unavailibilty, there is a setting date for January 26, 2016 at 2 p.m in Courtroom 2.

Last post:

http://johnchiv.blogspot.com/2015/09/former-hcso-deputy-charged-with-off.html

"What MIST does not have is alcohol and drug specialists", need more housing resources and financial assistance

The representative from Focus Strategies told the Humboldt County Board of Supervisors that it was exciting to see County and City working together. She said she had not seen this before.

Among recommendations, she said "Housing is the solution to homelessness"

Key recommendation is housing people and then providing services.

In addition, to what she said about MIST summarized in the title, she spoke about offering options for the Homeless people including diversion, interim housing, rapid rehousing and permanent supportive housing.

Rapid rehousing is scarce in the area.

Full update is the best.


Press Release will be out later today on officer involved shooting on Pine Street, gun recovered

EPD Chief Andy Mills is at the joint meeting of Board of Supervisors and Eureka City Council.

DA Maggie Fleming has been advised of the situation. A press release will be out shortly. Chief Mills will then be available for more questions.

Chief Mills said police officers were at 3200 Pine. "A man came out of the house and wanted to get into a confrontation with the officers. This resulted in shots being fired." The person shot is expected to recover. A gun was recovered from the scene.

From EPD PIO Brittany Powell at 2:25 p.m.:

Regarding the incident on Pine Street today, we anticipate to have a press release with more information out by 4:30 p.m Chief Mills will be available for questions at his office today at 5 p.m.

EPD Press Release:

On 01/26/16 at about 11:50 a.m., Investigators with the Humboldt County District Attorney’s Office were conducting follow-up on a homicide investigation near the 3200 block of Pine Street in Eureka.  The Eureka Police Department’s Problem Oriented Policing Unit was a short distance away.

The DA Investigators were attempting to contact residents when a man came out firing an assault rifle towards Investigators without warning.  Investigators returned fire, striking the man.  The man was placed under arrest and transported to the hospital by ambulance.  The man underwent surgery and is expected to survive.

The Critical Incident Response Team (CIRT) was activated and multiple agencies responded to assist.  Because the DA’s office was involved, a Humboldt County Sheriff Investigator and Eureka Police Investigator were assigned as co-leads in the investigation.

District Attorney Maggie Fleming said, “I have made the decision that because Humboldt County District Attorney Investigators were involved in the shooting, I will not be involved in the review of the case and have asked the Attorney General’s Office to handle the review.”



Any witnesses to this incident are asked to call Senior Detective Harpham at (707) 441-4060.

Joint meeting of Board of Supervisors and Eureka City Council described as historic first time

Board Chair Mark Lovelace and Vice Chair Virginia Bass described the first joint meeting of Humboldt County Board of Supervisors and Eureka City Council.

Vice Chair Bass thanked former Supervisor Jimmy Smith for starting the original County City meeting group. She also thanked everyone involved in bringing this meeting to fruition.

Medical Marijuana Land Use Ordinance passes unanimously, crowd applauds after passage

Supervisor Estelle Fennell made the motion, Supervisor Ryan Sundberg second, passed unanimously 5 -0.

Wonderland Nursery's Luke Bruner, spoke with me right after the vote. "What dramatic courage and vision from our Supervisors. All places that have enacted bans should adopt the Humboldt ordinance."

"I am happy it passed," said Harbor Commissioner and former California Cannabis Voice  Humboldt consultant Richard Marks. "It wasn't perfect. The subject of sales and delivery needs to be addressed."

"They got it done in time, not everyone thought they would," said CCVH's Andy Powell. "This is a first step. And it is great for the farmers and the environment."

Standing room only in Board of Supervisor Chambers this afternoon, fire Marshall here to make sure 75 people capacity is maintained




The afternoon session for the Humboldt County Board of Supervisors starting at 1:30 p.m.

Standing room only. Overflow crowd has option to go to Eureka City Hall to watch the afternoon session.

First item is the Medical Marijuana Land Use Ordinance (MMLUO)  which would allow Commercial Cultivation, Processing, Manufacturing and Distribution of Cannabis for Medical Use.

Today, if the Board wants to adopt ordinance, only typographical errors can be made said Deputy County Counsel Natalie Duke.

This was in response to concerns by Supervisors about a sentence, "No expansion of the existing cultivation shall be permitted." Planning Building Rob Wall said he will have a document signed clarifying that as Director he has authority to allow expansion on AE and AG land.

Second item is an update on the Homeless Strategy and Implementation Plan from Focus Strategies, City of Eureka and the Department of Health and Human Services

First degree murder verdict overturned by First Appellate District in Ryan Salas case, defense counsel "ineffective", court "erred"

Ryan Salas was arrested in 2010 and found guilty of Jack Sovereign's murder in 2012.

http://appellatecases.courtinfo.ca.gov/search/case/mainCaseScreen.cfm?dist=1&doc_id=2044903&doc_no=A138588&search=party&start=1&query_partyLastNameOrOrg=Salas&query_partyFirstName=Ryan

FIRST APPELLATE DISTRICT, DIVISION TWO

Excerpt from decision:

"We conclude defense counsel was ineffective for requesting that the court not instruct the jury on the lesser-included offense of second degree murder and the court erred in failing to instruct on attempt in connection with the predicate felonies for felony murder. We shall therefore reverse the first degree murder conviction and felony-murder special-circumstance true finding. As we shall explain (see pt. II, post), we need not address the merits of the other issues raised on appeal or in appellant’s habeas petition, which we shall deny in a separate order."

Trial Judge: Christopher Wilson

Prosecutor: Paul Gallegos

Defense Counsel: Russ Clanton




CR gets HCSO Deputy as School Resource Officer and CAO Phillip Smith Hanes honored

At the morning session of the Humboldt County Board of Supervisors today.

Under Consent Calendar, Sheriff's Department, item # 9:

Sheriff Agreement to Provide Law Enforcement Services at College of the Redwoods and Approve the Supplemental Budget for Sheriff's Operations Budget Unit 1100-221 (4/5 Vote Required)

From the attachment: "On February 24, 2015 your Board approved a Memorandum of Understanding (MOU) between the Humboldt County Sheriff's Office and Redwoods Community College District outlining patrol responsibilities with respect to the buildings and grounds located on Redwoods Community College District property. Under the terms of the MOU, minor crimes on campus are handled by College of the Redwoods Public Safety Department (CRPSD); however, if at any time an on-duty CRPSD officer feels that a case or situation exceeds his or her ability to safely, effectively and appropriately handle or investigate a matter/case, it would be referred to the HCSO at that time. In response to recent security concerns at schools and public facilities, College of the Redwoods has requested additional services be provided ten (10) hours per day, four (4) days per week by a POST-certified sworn Sheriff's Deputy. The Deputy will be assigned as a School Resource Officer (SRO) at the Eureka campus and a one mile surrounding radius for a nine (9) month period, excluding the months of June, July and August each year."

Previous posts:

http://johnchiv.blogspot.com/2016/01/undersheriff-honsal-responds-why-cr.html
http://johnchiv.blogspot.com/2016/01/in-wake-of-umqua-community-college.html

Passed. Undersheriff William Honsal said that the SRO will be in place by February 16 or sooner.

SPECIAL PRESENTATIONS:
Board of Supervisors Resolution Recognizing CAO Phil Smith-Hanes for His Dedication and Service to Humboldt County (Supervisor Mark Lovelace)

Supervisor Lovelace read a resolution as this is CAO Hanes last meeting. He is moving to Kansas. The common themes in comments by the public, his staff and the Supervisors was how much Mr. Hanes would be missed and what a great job he did for the County, especially with finances.

Jan 25, 2016

Eureka Councilmember Melinda Ciarabellini undecided whether she will run for one more term; she is being encouraged to stay for one more term




I just spoke with present Ward 4 Eureka City Councilmember Melinda Ciarabellini.

"I had considered retiring from City Council," said Ms. Ciarabellini. "Lately because of the homeless issues and other issues that have come up before City Council, I have received a lot of phone calls and emails from constituents encouraging me to stay for one more term."

Councilmember Ciarabellini said that consitutents have said to her that they need a voice of reason and common sense on the Council  that she provides.

"I am undecided at this time," said Councilmember Ciarabellini.

John Fullerton is one candidate for Eureka City Council Ward 4

The "rumors are true".

John Fullerton confirmed he filed papers in December 2015 to run as a candidate for Eureka City Council Ward 4.


Legislators ask Gov. Brown to declare a fishery disaster due to delayed crab season

Today, a bi-partisan coalition of state legislators requested that Governor Jerry Brown declare a fishery disaster due to the devastating impacts of the delayed California crab season.
“The delayed crab season is unprecedented in duration and magnitude and California crabbers need our help now more than ever. For the past three months, we have all been  hopeful that we could kick off the harvest, but as the holidays came and went and acid levels remained too high, the statewide impact has been catastrophic,” said Senator Mike McGuire, Chairman of the Joint Committee on Fisheries and Aquaculture. “Crabbers are experiencing devastating losses that can’t be recouped due to the collapse of the fall salmon season and the unprecedented delay in the crab harvest.”
When levels of domoic acid in California crab were deemed unsafe for public consumption in early November, working collaboratively with the multimillion dollar California crab industry, the Department of Fish and Wildlife and Department of Public Health took emergency action to delay the crab season opener. Many were hopeful the domoic acid levels would subside, but they have persisted and we have now missed the peak of the season: Thanksgiving, Christmas, New Years and Chinese New Year. These holiday celebrations have historically represented the time when the most California crab is consumed and the thousands of crab feeds that take place across the Golden State throughout the winter are now sourcing their supply from the Northwest, repurposing their events or cancelling all together.
Assemblyman Jim Wood, Vice Chair of the Joint Committee on Fisheries and Aquaculture said, “The ongoing postponement of crab season is another huge blow in what has been an incredibly difficult year for the fishing industry from start to finish.  Formally declaring a disaster allows us to go after federal resources that would help our fisherman keep their families financially afloat.”
In their letter to Governor Brown requesting the disaster declaration, the coastal legislators outlined the many severe impacts the closure has had on the industry, as well as on local fishing families. 
The continued delays have created unprecedented damage to the crab market, and irreparable harm to the thousands who depend on a healthy harvest for their living. We believe it’s time to declare a fishery disaster,” the letter stated.  
To add insult to injury, California is coming off of a disastrous salmon season as well. Crabbers turn to salmon for their livelihood in the summer and fall months and having both the fall salmon season collapse due to the state’s historic drought and now this unprecedented crab season delay taking hold, families are in crisis. The California Dungeness and Rock crab fishery is in the top tier of California’s commercial fisheries. Values have exceeded $95 million per year and long-term averages of nearly $60 million.
“California’s crab fishers are in dire straits,” said Senator Jerry Hill (D-San Mateo and Santa Clara Counties). “It’s imperative that all levels of government come together to aid our coastal communities and local economies that depend on this industry. A disaster declaration by the governor would be a strong step toward getting our crab fishers aid.”

The unforeseen disaster has forced crab fishermen to sell equipment and assets, further mortgage their future and seek low wage employment to put food on the table. The delay has been devastating to crabbers, fishery-dependent businesses and the coastal economy.
“Families tied to our fishing industry are struggling and need help,” said Assemblymember Phil Ting (D-San Francisco).  “They have weathered many tough seasons and are now stretched to the breaking point. Without them, there will be no crab to eat once ocean conditions improve.”

Jonas Semore, Logan Bremer and Brandon Haselip among inmates involved in jail fight

Jonas Semore is awaiting trial for the alleged murder of David Ganfield, Logan Bremer has several cases. Brandon Haselip has 23 cases in the system so far, with only three being traffic/infraction cases.

Press Release:


On Friday, January 22, 2016 at approximately 3 p.m. a large scale fight broke out in one of the Humboldt County Correctional Facility housing units. The Correctional Deputy was checking another area of the unit when the fight began. A total of nine inmates were observed physically fighting amongst each other. The Correctional Deputy requested additional deputies respond to that unit. Three of the inmates were Tased and one sprayed with Oleoresin Capsicum (OC) in order to stop the fighting. The inmates were separated and rehoused. Several were treated for minor injuries. None of the involved inmates cooperated with the investigation. The inmates involved were Chad Fraker (30), Logan Bremer (33), Jonas Semore (42), Zachary Norman (29), Christopher Mendez-Herrera (22), Jedediah Hiller (36), Brandon Haselip (27), Desmund James (22), and Reuben Perez (31). Each inmate has been rearrested for assault and battery, and disturbing the peace in a place of confinement.

DA Maggie Fleming to review California Commission report on Judge Wilson

I contacted District Attorney Maggie Fleming this morning to see if she would be considering prosecution of Judge Christopher Wilson.

Judge Wilson declined to make any statement,

Ms. Fleming responded back promptly.

"I was just made aware of this issue last night.  I want to review the report from the California Commission on Judicial Performance. "

 I  just spoke with Victoria Henley, Director-Chief Counsel, California Commission on Judicial Performance. She confirmed that the paragraph below refers to negotiations with the D.A. about Judge Wilson's salary requests in 2007 when former D.A. Paul Gallegos was in office.

"In aggravation, Judge Wilson received a private admonishment in 2007 for deciding matters in seven cases between 168 and 277 days after they were taken under submission, signing three false salary affidavits, and failing to disclose in criminal cases his dispute and ongoing negotiations with the district attorney over disclosure of his salary affidavits and pay records."

This paragraph states that Judge Wilson failed to disclose he was in ongoing negotiations with the D.A's office over disclosure of his salary affidavits.