This afternoon, the People said they were withdrawing their motion to amend counts in the 2015 case. Instead, they submitted a motion to dismiss the 2015 case and refile the charges and consolidate "with another."
The defense had objected to the DA's motion to amend information in the 2015 case as well as their motion to dismiss and refile.
Both the prosecution and the defense presented their arguments to Visiting Judge Douglas Mewhinney this afternoon. After hearing both arguments. Visiting Judge Mewhinney said "the Court grants the motion to dismiss over defense objections. The defendant is discharged in this matter."
Since Lusk has been arraigned on the 2016 case, both the People and the defense confirmed the Preliminary hearing for the 2016 case on May 24. Time estimate is two hours.
May 17, 2016
Thomas Lusk charged with torture, rape by force , false imprisonment of female victim who met him at a bus stop gets new charges of human trafficking and sexual assault
The jury trial for Thomas Lusk that was scheduled for May 16, 2015 has been vacated. On May 11, Lusk, who has been in jail for 314 days, was arraigned for a new case, involving a new victim that came forward.
In this new case, Lusk is charged with two felonies. Count 1 Human trafficking. Count 2 Assault with intent to commit a sex offense. Both counts have special allegations that Lusk has a prior conviction for criminal threats.
On 5/19, there is an intervention scheduled for the recent 2016 case and a disposition and reset as well as a motion to amend information in the 2015 case. The jury trial for the 2015 case scheduled for May 16 was vacated. A preliminary hearing for the 2016 case is scheduled for May 24.
May 3, 2016
Trial maybe continued for Miranda man charged with torture, rape by force , false imprisonment of female victim who met him at a bus stop because another alleged victim has come forward
Trial confirmation was scheduled for Thomas Lusk this afternoon. Jury trial is scheduled for May 16. He waived his preliminary hearing on March 8.
Some decision will be hopefully made this Friday at 11 a.m., a special set by Judge Joyce Hinrichs.
Both prosecution and defense attorneys had colleagues substituting for them. Lusk refused to waive time without talking to his attorney.
DA informed defense there was another alleged victim; defense wanted a continuance; DOJ even with a request for expediting won't have DNA results for at least another eight weeks.
Some decision will be hopefully made this Friday at 11 a.m., a special set by Judge Joyce Hinrichs.
Both prosecution and defense attorneys had colleagues substituting for them. Lusk refused to waive time without talking to his attorney.
DA informed defense there was another alleged victim; defense wanted a continuance; DOJ even with a request for expediting won't have DNA results for at least another eight weeks.
Jan 30, 2016
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.
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:
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
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