Female victim in McMullen motel homicide 19 years old, shot involved in death believed to be semi automatic rifle

Eureka Police Department held a press conference this afternoon at 4:30 regarding the homicide at the McCullens motel this morning.

Two firearms were seized by EPD. One shotgun,one semi automatic rifle, the latter believed to be the weapon used in the shooting.

7-10 gunshots fired. The female victim who died at the hospital "suffered a single gun shot wound to the torso."

While the police know that the shooting was a result of the dispute between two men, one who drove the female to the hospital, they do not kbow details of the dispute or the relationship between the male and female.

Name of victim being withheld until next of kin notified. Name of suspect will be released but not right now as ongoing investigation.

Captain Brian Stephens requested that even if media learns any information in social media to hold off until next morning so tgey can wrap up their interviews with witnesses.

EPD Press Release:

    

On June 30, 2016, at approximately 3:04 a.m., officers from the Eureka Police Department responded to reports of shots fired near the intersection of Iowa and McCullens.  

As the first officer arrived to investigate, he noticed a vehicle traveling at a high rate of speed with obvious gunshot damage to the body of the vehicle.  The officer attempted an enforcement stop on the vehicle, but the driver failed to yield.  Officers pursued the vehicle at speeds between 70 and 80 miles per hour.  The pursuit ended when the vehicle pulled into the St. Joseph Hospital parking lot.  

Officers learned there was a female gunshot victim in the vehicle.  The female was rushed into the emergency room where lifesaving efforts were initiated.  The male driver of the vehicle was detained and cooperated with officers.  The male stated that the incident occurred in the 1500 block of McCullens Avenue.  Officers responded to that vicinity and located the crime scene.  The scene was secured and detectives responded to take over the investigation.      

The female gunshot victim, 19 of Eureka, succumbed to her injuries.  Her identity is being withheld until the next of kin are notified.  

While investigating the homicide, an unrelated call for service was dispatched to EPD officers.  The suspect from the unrelated call was detained and taken into custody on unrelated charges.  As the homicide investigation progressed, detectives discovered enough probable cause to connect this male suspect with the homicide and he was subsequently arrested for murder.  The identity of the suspect will be released tomorrow.    

During the investigation into the homicide suspect, two firearms were located and seized.  One firearm was a shotgun and the other was a high powered semi-automatic rifle.  The rifle is believed to be the weapon used in the homicide.  

Anyone who may have witnessed any of the events that occurred early this morning are asked to contact Detective John Gordon at (707) 441-4300.

   

Earlier post:

http://johnchiv.blogspot.com/2016/06/epd-to-release-more-information-on-this.html

Kirby Bay denied release on OR after victim tells Judge that "he has violated the restraining order 15 times" and allegedly threatened to kill her

Kirby Bay was denied release on OR this afternoon by Judge Joyce Hinrichs after hearing from the People and the victim in this case, Megan Smith, who was present and made a statement in court, according to Marcy's law.

There was no bail reduction request discussed today.

Conflict Counsels' Mr. Greg Elvine-Kreis appeared in court with Bay. He made an effort to get Bay released, stating he is a "100% disabled vet" and would abide by the protective order issued.

Deputy District Attorney Jackie Pizzo told Judge Hinrichs, "We are opposed to Mr. Bay's release. There are number of grounds." Ms. Pizzo said that Bay had a prior offense of discharging a firearm from 1997; he absconded in this case and had to be arrested and was on probation; he shot at a woman with a child in the car who was attempting to serve him with a restraining order; he has a violent history; in a prior relationship in which he was charged with car theft was originally charged as kidnapping and that he told the victim (in the current case) he had shot an ex in the abdomen and "watched her bleed" and that he would do the same to her. Ms. Pizzo concluded by saying that the victim did not want him released and was willing to make a statement to the Judge.

Mr. Elvine-Kreis objected to any referenced to Bay's record from 1997, which he said had nothing to do with the current case. He added, the allegations occurred on June 4, and "the police did not arrest him until this Monday."

Ms.Pizzo added that there were other incidents from June 23rd and that the victim had relocated from her original residence and then said the victim believed that Bay knew where she had moved to based on a rock left at her new home. "The defendant collects rocks."

Ms. Smith spoke next, "Your honor, I am very frightened of Kirby. We share a 21 month old son. I have a restraining order against him. He has violated the restraining order 15 times."

"When he threatened to kill me, he referrred to the firearm he kept under our bed throughout our relationship. I am very afraid for my safety and the safety of my family. He was stalking my parents house in Ferndale. I believe he knows I have relocated. The gun does not belong to him."

Bay denied having any firearms.

Jun 29, 2016

Kirby Bay, in a wheel chair, served with restraining order, bail/OR hearing tomorrow

Kirby Bay, in custody, was arraigned this afternoon in Courtroom 4. Deputy District Attorney Jackie Pizzo was present for the People.

He looks different than this photograph. He has no beard and today in court, he was in a wheel chair.

When asked about his income by Judge Timothy Cissna before appointing a public defender, Bay responded, "100% disabled vet on a fixed income."

He was polite to the Judge but before his case was called, he looked around the court staring dismissively at people in the audience, with a stare that seemed like he couldn't care less.

Bay was served with a CLETS protective order. Conflict Counsel's Mr. David Lee was appointed for Bay. Pleas of not guilty were entered, time not waived.

An OR/Bail hearing is scheduled for tomorrow at 2 p.m. Preliminary hearing is on July 13.

Jun 29, 2016

Alleged stalker, Kirby Bay, from Fortuna to be arraigned this afternoon

Kirby Bay is scheduled to be arraigned today at 1:29 in Courtroom 4.

Jun 27, 2016

$150,000 bail for Kirby Bay just arrested, being booked at jail right now

Kirby Bay being booked into Humboldt  County jail at 8:15.

Bail at $150,000.

In the complaint filed by the DA, he is charged with a felony in Count 1, stalking. The victim in the complaint is listed as Megan Smith, and that Bay put her "in reasonable fear of her safety and the safety of her immediate family."

Count 2 is also a felony, Bay is charged with "unlawfully threatening to commit a crime which would result in death and great bodily injury to Megan Smith."

Jun 27, 2016

FOPD arrests man with active felony warrant for alleged criminal threats and stalking

Fortuna Police Department has arrested
 Kirby Bay.

Operation Safe Streets confirmed the news and said, he was arrested at his house.

Jun 24, 2016

Help Fortuna Police Department locate this alleged stalker and suspect claimed to have made criminal threats

Wanted: BAY, Kirby Mark.

This is someone with a felony warrant Fortuna PD is looking for.  He is on both FOPD and the online HCSO warrant list. Because of the nature of the warrant,  this information was shared by Operation Safe Streets and I am also posting the information (criminal threats and stalking 646.9 PC) in the hopes this person is located.  If you see him, please let FOPD know, 725-7550 or call 911, do not approach or attempt to apprehend him.

To see a full list of active Humboldt County warrants, visit www.humboldtgov.org/2215/Warrants

EPD to release more information on this morning's homicide at McCullen's motel a press conference at 4:30

Eureka police are investigating the death of a woman shot at McCullens motel in the early am hours this morning.

Officers were called to the alleged crime scene near Iowa and McCullen just after after 3 a.m. after reports of several shots being fired. Very soon after the initial report, they were notified that a woman had died at the hospital from gunshot wounds.

The woman was allegedly shot by a man she knew, after a dispute. Another man who was with her at the time drove her to the hospital. The second man is not considered a suspect. At least seven shots were fired based on casings found at the scene.

EPD has  identified a suspect in the case and will release more information later today at a press conference.

Jury trial for Sohum upskirting suspect set for October 17

Sohum upskirting suspect had a pre trial conference scheduled yesterday at 2 p.m. Nunez was not in court.  Ms. Kathleen Bryson appeared on behalf of  Nunez's attorney.

Trial confirmation  is October 4. Jury trial is October 17.

Jun 21, 2016

Sohum upskirting suspect delays pretrial conference and has yet to appear in person in court

Sohum upskirting suspect, David Nunez last court date was June 1 for a pretrial conference. The defense continued that to June 29 at 2 p.m.

 He was arraigned on May 10.

Nunez is charged with two misdemeanors.Count 1 is  Unauthorized Invasion of Privacy and Count 2 is Annoy/Molest Child under 18. Count 1 is under the California "peeping tom" laws.

In Count 1, Nunez is alleged to have used a camera without consent to take pictures of Jane Doe #1 born in 1982. In Count 2, the alleged victim is Jane Doe #2, born in 1998.

This is a selfie from the cell phone retrieved and posted on Kym Kemp's website. 

May 10, 2016

Sohum upskirting suspect arraigned, hires out of area attorney, next court date June 1

David Nunez was scheduled to be arraigned this morning in Courtroom 3. Ms. Kathleen Bryson, local attorney, made a special appearance on behalf of Nunez's attorney, Mr. William Du Bois, from Pleasanton.

Nunez was not present.

His warrant was recalled. Next court date June 1 in Courtroom 2. Deputy District Whitney Barnes present for the people.

Apr 21, 2016

Sohum upskirting suspect to be arraigned May 10; charged with two misdemeanors

While the public computer still showed no date, a bit more research resulted in me finding out that David Nunez is scheduled to be arraigned on May 10 at 8 a.m. Courtroom to be announced.

Nunez is charged with two misdemeanors. Count 1 is use of camera without consent. Count 2 Annoy/Molest a child under 18 years.

On March 6, I did this post. According to both UnderSheriff William Honsal and confirmed below by Sgt. Jesse Taylor,

"This case is wrapping up and I have identified a suspect.  The case is being forwarded to the DA’s Office for charges.  The identity of this person won’t be revealed until the DA decides to file charges."

This link has posts from Kym Kemp, who first reported the story.

 http://kymkemp.com/2016/02/24/upskirting-case-moves-to-the-district-attorneys-investigators/

Preliminary hearing vacated for Humboldt Hill shooting suspects, Tuel brothers

After intervention yesterday, the preliminary hearing scheduled on July 5 for the Tuel brothers, Broc and Colt was vacated.

A disposition and reset hearing is scheduled at 2 p.m. on July 25.

Two police cars on 4th and I, no need to be alarmed, why?

Just a guy driving without a license. EPD took care of it. 

No bail for man allegedly banished by bar staff who then vandalized the business

On 06-29-2016 at approximately 0055 hours, Deputies were dispatched to Dick's Place located in the 45000 block of Main Street in Mendocino for a report of vandalism.  After Deputies arrived, James Herriot was identified as suspect to the vandalism.  Herriot left the location prior to the Deputies arrival.

Deputies learned that Herriot had been banished from the establishment by staff as a result of his unwanted behavior.  Herriot remained outside the establishment after being told to leave and was contacted again by employee Patrick Harmon.  Harmon asked Herriot to leave the location and Heriot made an overt attempt to physically assault Harmon without success.  Herriot then produced a ceramic bottle and struck one of the establishment's windows, causing it to break.  Herriot then swung and struck Harmon in the upper body with the same bottle, causing minimal injury.

Deputies located Herriot a short distance away and arrested him without incident.  Herriot was confirmed to be on active felony probation and CDC parole and ultimately transported to the Mendocino County Jail where he was held with no bail.

Who will prevail in Round 2 of Leo Sears vs Greg Dale?

Today, Judge Dale Reinholtsen heard arguments from both sides in the Greg Dale versus Leo Sears lawsuit.

Judge Reinholtsen took the matter under submission and he has 90 days to issue a ruling.

A first amended complaint had been filed in April by Mr. William Bertain, attorney for Leo Sears.

A demurrer to the first complaint and a motion for hearing to strike portions of the first amended complaint were filed in response by Mr. Paul Brisso, attorney for respondents Greg Dale and other Humboldt Bay Harbor Commissioners.

Mr. Bertain filed an opposition.

No other media was in court. Mr. Sears, Mr. Bertain and Mr. Brisso were the only ones present today in court.

A case management is scheduled on July 26.

I will have another post summarizing details of arguments.

Previous posts:

http://johnchiv.blogspot.com/2015/10/leo-sears-filed-conflict-of-interest.html?m=1
http://johnchiv.blogspot.com/2015/10/i-really-want-to-avoid-this-lawsuit-leo.html?m=1
http://johnchiv.blogspot.com/2015/11/fppc-opens-investigation-into-leo-sears.html?m=1

Man arrested for alleged mischief and assault with a deadly weapon

    

On June 28, 2016, at about 9:32 p.m.., Officers with the Eureka Police Department responded to the 300 block of West Del Norte Street for the report of a disturbance involving a man breaking a window.

Once on scene, officers found a male victim bleeding from his forearm.  The victim reported that he was stabbed in the arm after confronting a male who threw a bicycle frame through the front window of his apartment. The victim was transported to the hospital by ambulance with a non-life threatening stab wound to his arm.

The victim positively identified the suspect from a photo lineup as Destry Girard, 43 of Eureka.  It appears Destry threw the bicycle due to recent arguments over a female.  Officers issued an arrest warrant for Destry for assault with a deadly weapon and malicious mischief.  Destry also has an unrelated warrant for resisting arrest.  

   

Kirby Bay, in a wheel chair, served with restraining order, bail/OR hearing tomorrow

Kirby Bay, in custody, was arraigned this afternoon in Courtroom 4. Deputy District Attorney Jackie Pizzo was present for the People.

He looks different than this photograph. He has no beard and today in court, he was in a wheel chair.

When asked about his income by Judge Timothy Cissna before appointing a public defender, Bay responded, "100% disabled vet on a fixed income."

He was polite to the Judge but before his case was called, he looked around the court staring dismissively at people in the audience, with a stare that seemed like he couldn't care less.

Bay was served with a CLETS protective order. Conflict Counsel's Mr. David Lee was appointed for Bay. Pleas of not guilty were entered, time not waived.

An OR/Bail hearing is scheduled for tomorrow at 2 p.m. Preliminary hearing is on July 13.

Jun 29, 2016

Alleged stalker, Kirby Bay, from Fortuna to be arraigned this afternoon

Kirby Bay is scheduled to be arraigned today at 1:29 in Courtroom 4.

Jun 27, 2016

$150,000 bail for Kirby Bay just arrested, being booked at jail right now

Kirby Bay being booked into Humboldt  County jail at 8:15.

Bail at $150,000.

In the complaint filed by the DA, he is charged with a felony in Count 1, stalking. The victim in the complaint is listed as Megan Smith, and that Bay put her "in reasonable fear of her safety and the safety of her immediate family."

Count 2 is also a felony, Bay is charged with "unlawfully threatening to commit a crime which would result in death and great bodily injury to Megan Smith."

Jun 27, 2016

FOPD arrests man with active felony warrant for alleged criminal threats and stalking

Fortuna Police Department has arrested
 Kirby Bay.

Operation Safe Streets confirmed the news and said, he was arrested at his house.

Jun 24, 2016

Help Fortuna Police Department locate this alleged stalker and suspect claimed to have made criminal threats

Wanted: BAY, Kirby Mark.

This is someone with a felony warrant Fortuna PD is looking for.  He is on both FOPD and the online HCSO warrant list. Because of the nature of the warrant,  this information was shared by Operation Safe Streets and I am also posting the information (criminal threats and stalking 646.9 PC) in the hopes this person is located.  If you see him, please let FOPD know, 725-7550 or call 911, do not approach or attempt to apprehend him.

To see a full list of active Humboldt County warrants, visit www.humboldtgov.org/2215/Warrants

Lakeville Highway closed due to major traffic collision

From Senator Mike McGuire:

CHP - SANTA ROSA: Collision - Lakeville Hwy is closed between SR-116 / Stage Gulch and SR-37 due to a Major traffic colllision

Man arrested for alleged criminal threats, robbery and asault on F street, $50,000 bail

On Monday, June 27, 2016, at about 5 p.m. Humboldt County Deputy Sheriffs responded to the 3700 block of F Street, Eureka, CA, for a report of a robbery. Upon arrival, Deputies met with a 21 year old male victim. The victim told Deputies he was parked in the 3700 block of F Street when a male suspect got into his vehicle from the passage side and put a knife to his neck. The victim told Deputies the suspect ordered the victim to give him all of his money or he would kill him. The victim then gave the suspect some cash and the suspect fled on foot. The victim gave Deputies a detailed description of the suspect.

Deputies searched the area and were able to locate the suspect in the 3900 block of F Street. The suspect was positively identified as 25 year old Marcus Lee Hills. Deputies confirmed Hills was the same suspect responsible for the robbery.

Hills was arrested for robbery, criminal threats, and assault with a deadly weapon. He was taken to the Humboldt County Correctional Facility where he was booked on the above listed charges. His bail was set at $50,000.

Alleged stalker, Kirby Bay, from Fortuna to be arraigned this afternoon

Kirby Bay is scheduled to be arraigned today at 1:29 in Courtroom 4.

Jun 27, 2016

$150,000 bail for Kirby Bay just arrested, being booked at jail right now

Kirby Bay being booked into Humboldt  County jail at 8:15.

Bail at $150,000.

In the complaint filed by the DA, he is charged with a felony in Count 1, stalking. The victim in the complaint is listed as Megan Smith, and that Bay put her "in reasonable fear of her safety and the safety of her immediate family."

Count 2 is also a felony, Bay is charged with "unlawfully threatening to commit a crime which would result in death and great bodily injury to Megan Smith."

Jun 27, 2016

FOPD arrests man with active felony warrant for alleged criminal threats and stalking

Fortuna Police Department has arrested
 Kirby Bay.

Operation Safe Streets confirmed the news and said, he was arrested at his house.

Jun 24, 2016

Help Fortuna Police Department locate this alleged stalker and suspect claimed to have made criminal threats

Wanted: BAY, Kirby Mark.

This is someone with a felony warrant Fortuna PD is looking for.  He is on both FOPD and the online HCSO warrant list. Because of the nature of the warrant,  this information was shared by Operation Safe Streets and I am also posting the information (criminal threats and stalking 646.9 PC) in the hopes this person is located.  If you see him, please let FOPD know, 725-7550 or call 911, do not approach or attempt to apprehend him.

To see a full list of active Humboldt County warrants, visit www.humboldtgov.org/2215/Warrants

No signs yet of Mckinleyville man who went jogging on Hammond Trail

Update:

At 9:20 this morning, the Sheriff’s Office received a report of a deceased person in the area of Hiller Road and Ocean Drive, McKinleyville. The Coast Guard helicopter retrieved the body and brought it to the Mad River Boat Ramp. The deceased person was positively identified by the Humboldt County Sheriff Coroner’s Division as missing person Lester Abbey.

Lester Abbey’s family has been notified. An autopsy will be performed to determine cause of death.

On Tuesday, June 28, 2016, at about 9 p.m. Humboldt County Deputy Sheriffs responded to the 2600 block of Knox Cove Drive, McKinleyville, CA for a missing person report. Upon arrival, the Deputies spoke with the reporting party. The reporting party told the Deputies his brother, 63 year old Lester Abbey is visiting from New Zealand and went for a jog on the beach at about 4:30 that evening. The reporting party believed Abbey headed to the beach via Hammond Trail to Mad River area and then run back to the residence north along the beach. Abbey left the residence with “only the clothes on his back,” and has no friends or other relatives in the area. Abbey had no supplies, but is stated to be in good physical shape and family believes him to be capable of sustaining himself overnight if nothing catastrophic happened.

Deputies checked the area of the Hammond Trail to the Mad River Beach area as well as some beach areas north of that location. The US Coast Guard helicopter also flew the area, but was unable to locate any signs of Abbey.

Deputies along with a US Coast Guard helicopter are continuing the search for Abbey today, June 29th.

Humboldt County owed $160,000, the second most of any rural Northcoast county in PILT payments

Senator Mike McGuire’s bill that will again require the State to make Payment in Lieu of Taxes (PILT) payments to counties received unanimous bipartisan support in the Assembly Water, Parks and Wildlife Committee this morning.

PILT payments were established in 1949 to offset adverse impacts to county property tax revenues that result when the State acquires private property within a county for wildlife management areas. Currently, the State Department of Fish and Wildlife owes nearly $8 million in payments to California’s 36 rural counties and a change in 2015 to the Fish and Game Code makes it even easier for the state to continue to forego making these payments. 

“The State needs to step up and follow through on a promise and advance Fish and Wildlife PILT payments to rural Counties,” Senator Mike McGuire said.  “Since 2001, California has been depositing millions of PILT dollars that should have been going to rural counties into the State General Fund and it’s time to give counties their due.”

Holding back these payments to counties on the North Coast has had a detrimental impact on the counties and their bottom line. For example, in PILT payments alone, Del Norte is owed more than $220,000, Humboldt County is owed more than $160,000, Lake County is owed $93,000, Sonoma County is owed $116,000 and Marin County is owed over $150,000.

“This was an agreement made decades ago and the state has reneged on these payments for far too long,” Senator McGuire said. “Let’s continue to level the playing field for our rural counties.”

SB 1188 is a bi-partisan effort to make PILT payments to counties a requirement. It passed unanimously, 15-0, in the Assembly Water, Parks and Wildlife Committee. It will now head to Assembly Appropriations.

Russ Clanton a no show, sends email to court, Kailan Meserve motion for new trial continued

Yesterday afternoon, Judge Timothy Cissna told Deputy District Attorney that a motion for a new trial and a continuance for sentencing will be decided on July 1.

Meserve's attorney, Mr. Russ Clanton, was a no show, simply sending an email that he was out of state.

Jun 24, 2016

It has been two months since Mr. Meserve has been found guilty of 15 felonies. The two victims have a Marcy's right to see restitution and justice." Defense wants new trial.

The defense scheduled a motion to be heard for a new trial yesterday at 4 p.m. for Kailan Meserve. While Mr. David Celli from Mr. Russ Clanton's office was present in court, Kailan Meserve decided in court that he wanted Mr. Clanton present to argue the motion.

The People oppose the motion. Deputy District Attorney Stacey Eads, who appeared on her behalf of her colleague, Ms. Bennett, told Judge Timothy Cissna, "It has been two months since Mr. Meserve has been found guilty of 15 felonies. The two victims have a Marcy's right to see restitution and justice. It has been a significant time since the jury came back with a verdict."

Mr. Celli responded, "

The hearing is now scheduled for June 27 at 4 p.m. in Courtroom 4. Both Ms. Bennett and Mr. Clanton are expected to be at that hearing.

Previous post (with links and coverage):

http://johnchiv.blogspot.com/2016/06/it-has-been-two-months-since-mr-meserve.html?m=1:

Preliminary hearing set for September for Kade Chandler charged in Highway 36 accident and deaths

A preliminary hearing date of September 19 was finally set for Kade Chandler yesterday.

Apr 18, 2016

Preliminary hearing scheduled for Kade Chandler continued

A preliminary hearing was scheduled this morning for Kade Chandler. It was continued. Bench warrant held by Visiting Judge Douglas Phimister.

Chandler entered a general time waiver. New intervention date is June 8 and new preliminary hearing date is June 20.

Apr 7, 2016

Kade Chandler's personal appearance waived for court hearing yesterday, "due to clerical error, it was not filed"

Kade Chandler's attorney, Mr. Benjamin Okin, shed some light on why Chandler was not in court yesterday.

"Kade's personal appearance was excused pursuant to a PC 977 filing and, having executed that document, he was instructed not to appear.  Due to a clerical error it was not filed and in the court's file."

Apr 7, 2016

$100,000 bench warrant held for Kade Chandler who failed to show up for court,

Kade Chandler failed to show up for court yesterday for his intervention hearing. A $100,000 bench warrant was issued but held. Chandler has a preliminary hearing scheduled for April 18.

Feb 22, 2016

Kade Chandler arraigned for last year's Hwy 36 accident which resulted in the death of two women and injury to a third male

This afternoon Kade Chandler was finally arraigned this afternoon in Courtroom 5.

The original incident occurred in February 2015.  Chandler was 20 years old at that time.

Chandler is charged with Count 1 gross vehicular manslaughter, Count 2 gross vehicular manslaughter while intoxicated and special allegation of great bodily injury.

Deputy District Attorney Roger Rees is prosecuting the case.

Courtroom 5 was packed with family and friends of the three victims and their lawyers.

Ms. Elan Firpo represents the third victim in the accident, Bradley Thuemler. Mr. Patrik Griego represents the families of the two women, Savannah Kiana Kindred and Kendra Paige Leialoha Lewis. who died in the crash. His colleague David Nims was in court today for the arraignment.
The two women were members of the Blue Lake Rancheria Tribe.

Private attorneys Mr. Benjamin Okin represents Chandler. Mr. Manny Daskal was also in court on behalf of Chandler and requested discovery.

Pleas of not guilty to all charges and special allegations were entered by Mr. Okin on Chandler's behalf. Chandler stood quietly next to Mr. Okin in court. He was dressed in jeans and a striped shirt.

There was discussion about his custody status because Chandler appeared out of custody and people wanted remand this afternoon. DDA Roger Rees also explained why it took so long to arraign Chandler.

"The People are asking the Court to remand Mr. Chandler and to set bail according to schedule," said Mr. Rees.  He said Chandler failed to negotiate a turn and was intoxicated with a combination of cocaine, opiates, marijana and alcohol. "As a result two people lost their lives." One of the women was 20 years old and the other barely over 20 years old, said Mr. Rees.

"Mr. Chandler's conduct puts entire community at risk," said Mr. Rees. " The reason Mr. Chandler is here today instead of an arrest warrant is because the People have kept in touch with Mr. Okin. As a courtesy to him and his attorney, we allowed him to appear out of custody."

Mr. Rees said that the reason arraignment took so long was that before charges could be filed, "significant investigation was done" which included investigation by the California Highway Patrol's Multi-Disciplinary team, DNA analysis and because the individuals were not wearing seatbelts, seating positions had to be determined. The report took a long time.

Judge Hinrichs acknowledged that while there were public safety issues, an arrest warrant contained declarations under penalty of jury and provided information to the Court which would be helpful to make a decision on custody status.

Mr. Okin asked for OR with terms and conditions and said this was a year later and his client was not a flight risk.

"The People were put in a position to charge prematurely than dismiss; the People took the time to gather evidence," said Mr. Rees. "The community should not be punished."

Chandler remains out of custody for now. Judge Hinrichs allowed him to leave "on OR today" with terms and conditions of no alcohol, that he could be subject to chemical testing and search and seizure without an arrest warrant and if he was insured with a valid license, he could only drive to work between the hours of 6 a.m. and 5 p.m. She referred Chandler for a supervised release report from probation.

His custody status will be addressed on February 24 at 2 p.m. Intervention is currently set for February 29 at 3 p.m. and Preliminary hearing is set for March 3 at 8:30 p.m.

Jun 9, 2015

Personal injury suit filed by Zwerdling, Bragg, Mainzer and Firpo in alleged DUI incident on Route 36 that caused two deaths

Ms. Elan Firpo, a partner in the law firm told me, ""It is an open civil suit. No specific dollar amount sought at this point. The causes of action are motor vehicle and negligence.  The DUI is not specific to the cause of action but goes to negligence."

Press Release from Zwerdling, Bragg, Mainzer & Firpo:

On June 9, 2015 the law offices of Zwerdling, Bragg, Mainzer & Firpo filed a personal injury law suit in Humboldt County Superior Court on behalf of Bradley Thuemler. 

The suit alleges that on February 21, 2015, Kade Chandler lost control of his vehicle and crashed on State Route 36 while driving under the influence of alcohol.   Zwerdling, Bragg, Mainzer & Firpo represent Bradley Thuemler, a passenger who was seriously injured in the incident. The incident also resulted in the death of two female passengers, Savannah Kiana Kindred and Kendra Paige Leialoha Lewis.

Bradley Thuemler seeks compensatory and punitive damages from Kade Chandler.

Here is the LOCO link from February 2015:

http://lostcoastoutpost.com/2015/feb/22/accident-hwy-36-last-night-one-dead/

$150,000 bail for Kirby Bay just arrested, being booked at jail right now

Kirby Bay being booked into Humboldt  County jail at 8:15.

Bail at $150,000.

In the complaint filed by the DA, he is charged with a felony in Count 1, stalking. The victim in the complaint is listed as Megan Smith, and that Bay put her "in reasonable fear of her safety and the safety of her immediate family."

Count 2 is also a felony, Bay is charged with "unlawfully threatening to commit a crime which would result in death and great bodily injury to Megan Smith."

FOPD arrests man with active felony warrant for alleged criminal threats and stalking

Fortuna Police Department has arrested
 Kirby Bay.

Operation Safe Streets confirmed the news and said, he was arrested at his house.

Jun 24, 2016

Help Fortuna Police Department locate this alleged stalker and suspect claimed to have made criminal threats

Wanted: BAY, Kirby Mark.

This is someone with a felony warrant Fortuna PD is looking for.  He is on both FOPD and the online HCSO warrant list. Because of the nature of the warrant,  this information was shared by Operation Safe Streets and I am also posting the information (criminal threats and stalking 646.9 PC) in the hopes this person is located.  If you see him, please let FOPD know, 725-7550 or call 911, do not approach or attempt to apprehend him.

To see a full list of active Humboldt County warrants, visit www.humboldtgov.org/2215/Warrants

One of the Econo Lodge pipe bomb suspects gets sentenced to maximum term

One of the Econo Lodge pipe bomb suspects was sentenced to the maximum term of 6 years today; two to be served at local jail and 4 on mandatory supervision.

The case was resolved before trial and so mandatory supervision was a part of the deal.

Sentencing for the other suspect, Steve Albertson was continued.

Deputy District Attorney Roger Rees was present for the People and Judge Christopher Wilson agreed with the points made by him.

Except for one booking fee and attorney fees, Judge Wilson fined Rodriguez for other court and restitution fees, saying he is 31 years old and healthy.

Will update with details of arguments by both People and the defense, who tried to get Rodriguez, the mid term of 4 years and the reasons for Judge Christopher Wilson's decision.

No other media was present in court.

56 year old man charged with alleged sexual assault of a 32 year old woman and burning her 9 year old son with a hot metal tube while camping

On 06-25-2016 at about 12:15 p.m. Mendocino County Sheriff’s Deputies were dispatched to contact a 32 year-old female at the intersection of Eel River Road and Main Street in Potter Valley, California.

Deputies contacted the 32 year-old female and learned she was reportedly sexually assaulted by Robert Michael Smith on 06-24-2016 while the pair were camping together along the Eel River approximately three miles east of Eel River Road in Potter Valley.

Deputies also learned the 32 year-old female's son had been physically assaulted by Smith.  Deputies learned Smith had burnt the female's 9 year-old son with a hot metal tube which had been heated by a camp fire causing a significant second degree burn on the boy’s body.

Deputies located Smith at a campsite located on the Potter Valley Logging Road near the Eel River.

Smith was arrested on the listed charges and booked into the Mendocino County Jail where he was to be held in lieu of $50,000.00 bail.

Man arrested in Covelo for alleged criminal threats including vandalizing a residence and threatening to burn it down

On 06-24-2016 at approximately 6:28 AM the Mendocino County Sheriff's Office dispatch center received a call from a 59 year-old female in Covelo, California.

The female reported a disturbance that just occurred at a residence in the 22500 block of Oak Lane involving Robert Benjamin Campos.

Campos was reportedly vandalizing property inside the residence and threatening to burn down the residence.  This caused the female to fear for her safety so she fled the residence.

When Deputies arrived at the residence they contacted Campos in the back yard. Deputies also made contact with the female, who provided text message evidence of the threats made by Campos.

Deputies determined that Campos threatened the 59 year-old female, causing her to fear for her own safety. Campos was placed under arrest for 422 PC [Criminal Threats].

Campos was subsequently booked into the Mendocino County Jail where he was to be held in lieu of $20,000.00 bail.

Mckinleyville stabbing suspect charged with assault, battery and false imprisonment preliminary hearing continued

A preliminary hearing is scheduled for Michael Smith aka Michael Shawn Smith this morning in Courtroom 5.

Deputy District Attorney Jackie Pizzo was present for the People. Witnesses expected to testify were HCSO Detective Todd Fulton and Deputy B. Brawner.

The new preliminary date is July 26.

Mr. David Lee is representing Smith. Ten day waiver was entered by both Smith and the People.

He is charged with a felony in Count 1, assault with a deadly weapon, a knife, on David Lee Watkins with the special allegation that he personally inflicted great bodily injury on Watkins.

Count 2, a felony, false imprisonment by violence, on Jane Doe.

Count 3, a misdemeanor, battery on a non-cohabitating spouse.

Jun 14, 2016

Mckinleyville stabbing suspect Michael Smith charged with assault, battery and false imprisonment; arraignment this afternoon

Michael Smith aka Michael Shawn Smith was arrested Friday by HCSO Detective Todd Fulton and booked into the jail at 4 p.m. He had not been released as of Monday evening. He was booked for PC664/187(a), attempted murder.

This afternoon at 1:29 p.m. Smith was arraigned in Courtroom 5. He is charged with a felony in Count 1 Assault with a deadly weapon on David Lee Watkins; the weapon being a knife. Special allegation for Count 1 is "personally inflicting great bodily injury" On Watkins. Count 2 is False Imprisonment by Violence, another felony; victim Jane Doe and Count 3 Battery on a non cohabitating partner, a misdemeanor.

Conflict Counsel's Mr. Marek Reavis was appointed to represent Smith. On Smith's behalf, Mr. Reavis entered not guilty pleas; did not waive time; he did "waive bail/OR without prejudice."

Smith was served with two CLETS protective orders. Intervention is on June 20 at 3 p.m. The preliminary hearing is scheduled for June 27 at 8:30 p.m.

Jun 10, 2016

DOB of suspect in Mckinleyville stabbing being confirmed, name is Michael Shawn Smith, from Ohio

Just spoke with Undersheriff William Honsal. HCSO is trying to get confirmation on the suspect's date of birth before sending out a press release.

The suspect name that HCSO was given is Michael Shawn Smith, from Ohio.

"Just after midnight, deputies responded to 1908 D Avenue in Mckinleyville to a report of stabbing," said Undersheriff Honsal.

"The initial response was for domeztic disturbance. When they arrived, they found a male victim in front of the residence. They called for medical assistance and the victim was transported to the hospital, where he is recovering from injuries."

Jun 10, 2016

Victim in Mckinleyville stabbing was neighbor trying to help in dispute, condition unknown

This is all I have at the moment from Undersheriff William Honsal.

A press release should be out within the hour.