Chief Andrew Mills said that Johnson put an entire community at risk.
Image of houses impacted by shots.
While media was waiting in the EPD lobby to be escorted to the press conference area, a man entered the U. S. Cellular store in 4th street in Eureka ranting and raving and brandishing knives, said Chief Mills. EPD officers took the man into custody, without using a gun and descalated the situation without any harm to the public.
Chief Mills used this as one example of the "threat to public safety" in the City of Eureka that officers face daily.
There have been three officer involved shootings in the last year by three different agencies, said Chief Mills. The County had more incidents. "This kind of violence is not normal" for city this size.
"As you will see in this story, we came very close to losing two DA investigators," said Chief Mills.
The day the incident happened, at 8 a.m, the DA investigators received information on a possible suspect. There was a warrant out for his arrest. They had planned to set up surveillance and did so at 3200 Pine Street around 9 a.m. The DA investigators requested assistance from EPD's POP unit who were close by to assist in searching cars in the area.
They made contact with Marcella De Mark, in front of the house. This is the woman that was detained because she is a "percipient witness," said Chief Mills. As they were standing in front of the house talking with De Mark, they heard a shot in the house which sounded like it came from a high caliber weapon. The DA investigators "retreated to safety."
Johnson exited the house firing an AK-47 at the DA investigators. They returned fire, hitting Johnson. Chief Mills said that Johnson was trying to kill the investigators and escape and he put "the entire community at risk. These are high velocity rounds. If you get hit, there is no chance for survival."
Johnson was shot "in the lower extremities." After he was shot and injured, officers took him to the hospital where he was "treated for non-threatening wounds." EPD and other agencies volunteered to watch him 24 hours until he was taken into custody and booked into the jail yesterday.
Investigation is being "co-led by EPD and HCSO," said Chief Mills. "The DA chose to recuse hers agency due to her agency being involved. Ultimately, the DOJ or different DA's office will review this incident."
"I will not release the names of the investigators, " said Chief Mills. "That is the responsibility of the employing agency."
"This is an active investigation," said Chief Mills. One of the reasons it took so long that morning was because "he fired inside the house so the POP team had to go in and clear the house" and make sure there were no more suspects and no one injured.
Detective Ron Harpham, lead investigator, said DOJ took evidence from the scene. He believes 8 casings were recovered from the scene.
This year complaints against the EPD are down, said Chief Mills. There have been 7 complaints, each has been investigated. Chief Mills will provide more detail in his report to City Council tonight. My post earlier today:
Nicholas Johnson involved in standoff with DA investigators and EPD out of hospital, booked into jail
Nicholas Johnson, who was shot during a standoff with DA Investigators and later EPD on the scene, was booked into jail yesterday on a Ramey warrant.
He is charged with PC 187 (a) murder and PC 3455 (a).
Johnson is also a co-defendant in the homicide of David Ganfield.
The incident with the DA investigators, if charged would be attempted murder. The original warrant for Johnson was murder of Ganfield.
I got clarification from District Attorney Maggie Fleming.
"This is the warrant he was arrested on-the murder of David Ganfield.
The investigation involving last week is still pending and when done I intend to send to the AG’s office for review."
Jan 28, 2016
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.”
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.”
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