Kade Chandler's preliminary hearing continued for a fourth day of testimony in January 2017

The third day of Kade Chandler's preliminary hearing was scheduled for all day today until 4 in Courtroom 1.

It will now continue to a 4th day on January 9 at 9:45 a.m.

The preliminary did not start at 8:30 a.m. as scheduled because Mr. John Paul Lopez, the DOJ criminalist expected to testify for the People could not fly in until this morning due to the weather.
He started his testimony at 11 a.m. The defense plans to call their expert, Suzanne Ayres.

The first two days of his preliminary took place on September 19. The only victim to survive Bradley Thueumler and law enforcement testified in September.

No media was present for those hearings and no media was present in court today.

I am waiting for it to conclude to do posts on the entire preliminary hearing.

Oct 4, 2016

October 31 date set for Day 3 of Kade Chandler's preliminary hearing

(Credit: KRCR-TV)

Setting of third day of preliminary for Kade Chandler which includes the DOJ criminalist scheduled to testify was held this afternoon. at 4 p.m. in Courtroom 1.

October 31, the DOJ criminalist will testify, with cross examination, the defense expects that to last all morning. In the afternoon, the defense may call their own expert witness.

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

Chandler is charged with Count 1 gross vehicular manslaughter while intoxicated, alleged victim Kendra Lewis;Count 2 gross vehicular manslaughter while intoxicated; alleged victim Savannah Kindred and a special allegation of great bodily injury to Bradley Thueumler.

Previous post on preliminary hearing :

http://johnchiv.blogspot.com/2016/09/kade-chandlers-ex-friend-who-has-filed.html?m=1

HCSO Garberville arrests include Marcus Asbury who has a felony warrant for unlawful sex with a minor

Will the charge against Ewa Misztal for the alleged death of her baby be dismissed?

The defense motion to dismiss the charge against Ewa Misztal has been taken under submission by Judge Joyce Hinrichs after hearing arguments this morning from both Deputy District Attorney Brie Bennett and Misztal's attorney, Public Defender Casey Russo.

Judge Hinrichs said she hopes to have a written ruling before trial confirmation on November 8 or an oral ruling in court that afternoon.

Mr. Russo started out though by referring to California Proposition 115 and what testimony could be allowed.

"There are limits to 115 testimony," said Mr. Russo. "The prosecution has exceeded those limits in this case. The People's primary evidence is the officer." Mr. Russo said that APD Detective Todd Dokweiler has no medical expertise.

The he brought up some of the same points he argued at the preliminary hearing: "there were no witnesses to the assault; evidence of assault; that the People claimed that the injuries to the baby were intentional and could have been due to a pre-existing condition.

All this had been argued at the preliminary hearing by Mr. Russo.  Ewa Misztal was  held to answer to the charge after the hearing despite that argument.

Ms. Bennett responded that the "defense  was asking for a standard that simply does not exist."

She said the cases cited by "the defense are on point; however in neither case was the information set aside.'

Ms. Bennett said that Detective Dokweiler is familiar with Dr. Mark Super, who performed the autopsy and Detective Dokweiler was at the autopsy and took several photos of the injuries.

"Even without Dr. Super's opinion, there is enough for a holding order."

Ms.Bennett mentioned that Miztal's version of what happened changed. She added that after speaking with Mizstal, Detective Dokweiler followed up with Dr. Super for clarification on injuries.

Dr. Super had notified the District Attorney that the report was ready and the autopsy report will be given to the defense today.

"I haven't had water for days. He forced me to drink his urine." One of Lusk's rape victims also alleges being beaten, burned, raped and held captive

A jury and alternates were picked last week and opening statements for the Thomas Lusk trial are scheduled for 1:30 a.m. tomorrow afternoon.

Will there be a mistrial? Will Counts 1 to 11 be dismissed which relate to Jane Doe #1? Leaving only Counts 12 and 13 for Jane Doe #2/

Will the ruling by Judge John Feeney today in favor of a defense motion force the People to forcibly arrest an alleged rape victim to testify?

This morning at 8:30 a.m., Judge John Feeney heard from both Deputy District Attorney Stacey Eads and Lusk's attorney, Conflict Counsel's Mr. Greg Elvine-Kreis. Compelling arguments from both and then one ruling by Judge John Feeney.

Jane Doe #1 did not appear for the preliminary hearing or the jury trial. Judge Feeney had to decide whether certain statements made by her could be presented. The defense argued that Lusk had the right to confront his accuser.

Describing Jane Doe as a woman who travelled the world, now afraid to leave her trialer in Southern Oregon and return to Humboldt after what Lusk allegedly did to her, DDA Stacey Eads described what Jane Doe #1 told the civilian who helped her contact law enforcement and the first officer on the scene in spontaneous utterances.

She was distraught, with hardly any clothing on as she ran up to the vehicle of the civilian witness.

"When you have been held captive for four days, beaten, raped, burned, forced to orally copulate" the defendant every day is one statement Ms. Eads made describing what Jane Doe said when she was finally able to get away from Lusk.

Jane Doe made a thanked the civilian witness after he offered her water, saying, "I haven't had water for days. He forced me to drink his urine."

Another ruling whether the defense request for a mistrial claiming the jury has been tainted by the jury questionnaire or a dismissal of Counts 1 through 11.

Oct 18, 2016

Jury selection starts for Thomas Lusk charged with 13 counts including torture, human trafficking and forcible rape

Jury selection started today at 9:15 a.m. in the Thomas Lusk case. Judge John Feeney, Deputy District Attorney Stacey Eads, Conflict Counsel's Mr. Greg Elvine-Kreis and Lusk went over the first batch of hardship questionnaires this morning. This will be followed by people filling out long questionnaires and questioning if individual jurors request privacy for some answers.

Oct 6, 2016

Jury trial for Miranda man charged with 13 counts including torture, human trafficking and forcible rape confirmed

A trial confirmation hearing was scheduled for Thomas Lusk this afternoon. The jury trial will proceed as scheduled.

Subpoenaed records from the Jerod Phelps community center were given to Deputy District Attorney Stacey Eads, who will provide copies to the defense.

The trial estimate is 3-4 weeks. Trial assignment is on October 14.

He is the Miranda man charged with 13 counts include torture, human trafficking, forcible rape, sexual penetration, assault and forcible oral copulation.

Previous post (with all coverage):

http://johnchiv.blogspot.com/2016/10/jury-trial-for-miranda-man-charged-with.html?m=1

APD assists HSU police with indecent exposure report on Harpst Street

At 6:49 on October 30,  HSU police responded to a report of incident exposure by a male. APD was called for assistance.

From Arcata Police Department:

Occurred on Harpst St. ,  MALE 314PC IFO SCIENCE BUILDING, BMA BEARD , LONG SLEEVE RED SHIRT BELOW SHIRT AND BAGGY BLK PANTS, LS FIRELANE TOWARD WILDLIFE BUILDING.

Disposition: CAD DOCUMENTATION ONLY.

HSU Press Release (on 11/3):

Michael Wayne Hargrove, a Humboldt State University student on interim suspension, was arrested on Sunday, Oct. 30 on suspicion of indecent exposure, California Penal Code 314.1.

According to witnesses, Hargrove exposed himself to two students in the campus’s science complex. Hargrove was immediately arrested by University Police and transported to the Humboldt County jail, where he remains in custody. He has been arraigned and has his next court date on Nov. 14.  Unless he posts bond, he will remain in custody until then. If he posts bond, UPD will be notified immediately upon his release. Additionally, campus police are seeking a stay-away order to restrict Hargrove from HSU permanently.

In the meantime, Hargrove has been ordered to stay off campus, and he will be arrested if he returns. UPD will put out a flier asking the campus community to notify UPD if he is spotted on or around campus.


Anyone with information about this or similar incidents should contact University Police at (707) 826-5555. Such information will help UPD to build a better case and have a better understanding of what Hargrove was doing before this incident.

Mckinleyville Safeway guard, 73 years old, allegedly assaulted by a known addict

According to a Mckinleyville citizen who wishes to remain anonymous for safety, "The guard at Safeway was just beat badly by some tweaker named Scott at Safeway.
Max was taken by ambulance to the hospital and the police let the tweaker go. I'm really saddened by this as Max @ 73 really is a great guard and didn't deserve this."

This happened about 30 minutes ago. The citizen's daughter and friend, who witnessed the incident said, "Max was very bloody."

According to the tipster, Scott's last name is Crane.

The HCSO Press Release on October 31 lists the alleged victim's age as 63.

HCSO Press Release:

On Sunday, October 30, 2016 at about 6:30 p.m. Humboldt County Deputies responded to the 1500 block of City Center Rd in McKinleyville for a report of a physical altercation in progress. Upon arrival, Deputies observed a male lying face down and bystanders/witnesses nearby. Deputies also contacted the 62 year old male victim who was being treated by medical personnel. He was asked to remain on scene while deputies contacted the male lying down. The male lying down was identified as 46 year old Scott Crane of McKinleyville. Deputies discovered Crane had assaulted the victim, causing minor injuries. While deputies were interviewing Crane, the victim left in the ambulance. Deputies spoke with witnesses on scene and confirmed Crane was the aggressor during this incident. Due to the victim not staying for a statement, Crane was medically cleared/questioned and released on scene.

Deputies later interviewed the 62 year old victim at a local hospital, who wished to pursue assault charges against Crane. A misdemeanor arrest warrant for Crane has been requested through the District Attorney’s Office.

Humboldt Hill shooting suspect Brian Swan's jury trial continued again; new date February 21

On October 28, at trial assignment, Brian Swan's trial was continued again. Trial confirmation is now set for February 6, 2017. Jury trial is set for February 21 at 9:45 a.m.

Aug 26, 2016

Humboldt Hill shooting suspect Brian Swan's jury trial continued at request of defense

Today, at the request of defense at the trial assignment calendar, the Brian Swan jury trial scheduled for August 29 was continued until October 31.

Brian Swan is the alleged suspect in a Humboldt Hill shooting that occurred in April 2016. The alleged victim is Robert Babb aka Robert Waters.


Link to previous post (and all coverage):

http://johnchiv.blogspot.com/2016/08/humboldt-hill-shooting-suspect-brian.html

John Michael Stolpe case set for January 9 jury trial

Trial setting was scheduled on October 27 for John Michael Stolpe. Dates were set.

Trial Confirmation is on January 4 at 1:30 p.m in the misdemeanor court. Jury trial is scheduled for January 9 at 9:45 a.m.

Oct 4, 2016

Should a guy with two pending alleged violence cases against two different women; more cases not fully investigated be allowed to plead out as early resolution?

John Michael Stolpe was arrested July 10, 2106 for alleged domestic violence at the 2500 block of Rita Avenue in McKinleyville by HCSO Deputy L. Mathieson. He posted bond and was released.

In the 2016 case, Stolpe is charged with a misdemeanor, Count 1 Inflicting corporal injury upon a cohabitant or spouse.

Student crashes into HSU entryway sign

[Update:] Monday, Oct. 31 update: HSU Facilities Management is estimating repair costs to the entryway sign at Sunset Ave. and LK Wood Blvd. between $7,000 and $10,000 and could take up to three months to complete. 

Temporary repairs will be in place as soon as possible. 

Full repairs will include an extensive reapplication of the stucco finish, which can potentially be hindered by Humboldt’s rainy season.

At about 6:20 a.m., Sunday, Oct. 30 a vehicle crashed into the Humboldt State University entryway sign at Sunset Ave. and LK Wood Blvd.

According to a witness, the vehicle may have been travelling as fast as 40 miles per hour. The driver of the vehicle was a student, who was treated but not seriously injured. Campus staff are assessing the damage to the entryway sign and there is no estimate on the time it will take to repair.

Errica Stevens arrested for alleged attack with hammer on Walgreen's employee

Shortly after 4:30 p.m. on Saturday, October 29, 2016, Humboldt County Sheriff's Office Deputies responded to Walgreen's Pharmacy in the 2500 block Harrison Ave. in Eureka for a reported assault with a deadly weapon. Upon arrival, deputies learned that forty year old Errica Stevens of Eureka had attacked an employee of the store with a hammer before being detained by bystanders. The victim was transported by ambulance to a local hospital for treatment. The reason for the attack is still being investigated at this time. Based on the investigation, Stevens was arrested for attempted homicide and booked into the Humboldt County Correctional Facility. Stevens' bail is set at $500,000.

October 31, 2016:

The 21 year old female victim of the attempted homicide is in stable condition. The victim sustained several injuries from the attack, and has been released from the hospital.

The investigation is ongoing.

The best part of Humboldt Bay Fire was watching the families interact with firefighters, Coast Guard and Sheriff Deputies

As of 1:15, no other media had been to the Humboldt Bay Fire Open House, which ends at 3 p.m. this afternoon.

I got to spend some time with Humboldt Bay Fire's Jan Gillespie, Chief Bill Gillespie, Lyndon Powell and Battalion Chief Chris Emmons.

It was wonderful to see many families and the children so excited. One young boy was just thrilled to high five with the firefighters.

Even I decided to get into the festivities and get a junior firefighter hat, sticker and junior deputy sticker.

Virginia Bass, Matthew Owen and John Fullerton stopped by to visit at the open house (and took a break from their day long project putting together beds at the Betty Chinn Family Center, generously donated by a local business).

Fourth District Supervisor Virginia Bass helps Eureka Rotary put together beds at the Betty Chinn Family Center

https://m.facebook.com/story.php?story_fbid=1592923350723021&id=100000161142724

The link above is to a video by Fourth District Supervisor Virginia Bass who is helping Eureka Rotary today help put together beds at the Betty Chinn Family Center.

Eureka Rotary President Matthew Owen and Eureka Rotary member John Fullerton are among the members helping out this morning.

CHP and Fire responding to traffic collision on 299

California Highway Patrol and Fire units are enroute to a traffic collision on 299 approximately 5 miles west of Willow Creek.  Extraction assistance requested.

The CHP site says no injuries.

State of California payment processing system causes delays in IHSS worker checks

The State of California’s payment processing system - responsible for paying hundreds of thousands of caregivers each month  –  has experienced significant failures and delays of payment to some of the hardest working, lowest paid employees each month for several years.

Approximately 14,000 In-Home Support Service workers time sheets are rejected by the State of California’s payment system every month resulting in devastating delays of the providers’ monthly paycheck.

Eric Matilton arrested for Boozer Lane incident thinks marijuana cultivation has amazing potential for Hoopa tribe

Eric Matilton posted this on the Repeal No Grow Ordinance on 2015

SINCE THE HOOPA TRIBE PAGE IS A JOKE I THOUGHT I'D REPOST HERE:

Unanswered questions?

The screen shot below and the related posts are my opinion and questions I want answered directly from Austin Allison, without Allen McCloskey or anyone else around.

These are the people endorsing Allison. Can Allison be objective towards businesses and those who do not agree with his political and economic views? The progressives in this town and the left leaning media make a big deal out of this for candidates they do not like, whether their belief is true or not, so it is a fair question to ask about a candidate who stepped in last minute and one knows very little about.

Austin seems like a nice guy but he is inexperienced and one of my problems with him is that he entered this race last minute.  Why? You cannot talk to him without Allen McCloskey and the bitter progressive leaders around him. I want to make sure this community is not electing a front man.

Allen McCloskey dropped out without answering questions raised below. He may have health issues but it has not stopped him in being very active in Allison's campaign, or protests, being on TV. If he can do that, he could have handled the City Council job, which is not a full time gig.

His association and recruitment of Allison is troubling.

Related posts:

http://johnchiv.blogspot.com/2016/09/allen-mccloskey-out-austin-allison-in.html

http://johnchiv.blogspot.com/2016/10/are-we-electing-austin-allison-or-his.html

(the link above includes several other posts)

Austin, you are running for Eureka City Council and you claim to have a business, where is your business license and other required permit?

This from Austin Allison's website. When I checked with the City of Eureka today, Allison did not have a business license to operate a business in the City of Eureka There are no business licenses at the 1602 Hodgson Street address for Allison. He did not claim this business on his 700 form.

I went to the County today to see if Allison or James Durbin, the owner had any businesses registered; they don't. There is no fictitious business license for Allison. He is not required to file a fictitious business license but he does need a business license to operate as a business in the City of Eureka.

This screenshot is from the County Assessor's office. I also checked with the City of Eureka Building Department. The property is zoned as a single family residential property. There is no home occupation permit filed, which is necessary to operate a business out of your home.

I am in the process of contacting the State Board of Equalization and trying to reach Mr. Durbin to see if he as the owner has renter's insurance which is necessary if you manufacture anything in Eureka. And, if Mr. Durbin is aware that Allison is operating a business.

I have also reached out to Allison for a comment.

(Photos from Austin Allison's facebook page--October 28, 2016)

Law enforcement cleared by DA in 14th and G shooting; Joshua Hoffman to be extradited to Humboldt County for PC69 charge

The District Attorney has completed her review of the officer-involved shooting on May 17, 2016 adjacent to the Shell gas station at 14th and G streets in Arcata. Available information included video of the incident provided by the gas station, video from police vehicles at the scene and investigative reports from the multi-agency Critical Incident Response Team (who respond to investigate an officer-involved shooting) that included statements from officers and six civilian witnesses.

“This so-called protest would be amusing if it wasn’t so sad that Rockport Management was trying to take advantage of families and patients at this difficult time"

Senator Mike McGuire released the following statement regarding protests today by Rockport Management of Partnership Health Plan offices in Eureka.

“This so-called protest would be amusing if it wasn’t so sad that Rockport Management was trying to take advantage of families and patients at this difficult time,” Senator McGuire said. “There are real issues here – real people being impacted by the threat of these closures and I hope this billion dollar corporation stops the grandstanding and they start working with us to help the people of Humboldt.”

Rockport Healthcare Services is closing three of its Humboldt County skilled nursing facilities. Since the closures were proposed, Senator McGuire has been working with community members, families, patients, advocates, health care providers and staff of the impacted skilled nursing facilities and will continue his ongoing efforts to find long term options and solutions for skilled nursing facilities in Humboldt County.

Who caused the Betty Court fire? Are witnesses afraid to speak up?

When the Betty Court fire initially happened, a tipster contacted me with this information. I just recovered the message.

"The local loiterer lives across the street. So a local loiterer told me that his friend Richard,  a recently homeless man was burned.  He also said a first responder was injured. He also said there was a teenage party across the street that was broken up by a parent.  Then apparently a car windshield was broken out. He assumed that Richard was in the gym and thinks maybe the kids could've been a party to the fire."

The tipster  tried to call local enforcement and got an answering machine so left no message.

HCSO Press Release:

On Tuesday, October 25, 2016, Humboldt County Deputies were dispatched to the 1500 block of Betty Ct, where the Big Lagoon Rancheria’s Gym had once stood. Deputies met with Arcata Fire District Investigators determined the cause of the fire to be “human involved.”

The Sheriff’s Office is requesting assistance from the public in identifying the person(s) responsible for the fire.

The estimated damage to the gym and surrounding buildings is over $3,300,000.

Fortuna Police Department promotes Gabe Charlton to Sergeant

The Fortuna Police Department is pleased to announce that Officer Gabe Charlton has been promoted to Sergeant.

Sergeant Charlton is a Humboldt County native, growing up in Eureka and graduating from St. Bernard’s High School. Sergeant Charlton attended the 93rd Police Academy at College of the Redwoods in 2003. Sergeant Charlton was hired by the County of Humboldt as an Adult Probation Officer in 2004 and worked as a probation officer from 2004 to 2009, when he joined the Fortuna Police Department.

Sergeant Charlton has distinguished himself as a Field Training Officer, grant coordinator and Police Academy Instructor.

Sergeant Charlton’s promotion took effect on October 2, 2016 and a promotion ceremony was held on October 27, 2016 at Fortuna City Hall.

"We cannot provide defense with what does not exist"

A motion to dismiss the charge against Ewa Misztal as well as a motion for discovery was scheduled for this afternoon.

Public Defender Casey Russo is representing Misztal. Deputy District Attorney Stacey Eads is prosecuting this case. She is presently doing jury selection for the Thomas Lusk case.

Deputy District Attorney Brie Bennett appeared in court this afternoon for the People. The People are opposing both motions. The 995 motion was continued and specially set for 11 a.m. on October 31.

For those wanting to know why, check back later for details on why Judge Joyce Hinrichs continued the 995 motion. Discovery motion is explained in the post title. I will update on that as well later.

Oct 6, 2016

Defense files motion to dismiss case against Polish citizen charged with the death of her baby

Ewa Misztal, the Polish citizen charged with the alleged death of her baby, has a motion hearing this afternoon for discovery.

Her attorney, Mr. Casey Russo, filed a 995 motion to dismiss the case on September 30.

That hearing is scheduled for October 27. The defense has also subpoenaed records from Mad River Hospital.

Some discovery was provided to the defense before the court hearing but that motion was continued and will be heard with the 995 motion on October 27.

1992 escapee George Scavelli gets bail set for local case but isn't going anywhere

George Scavelli has not been released out of custody. Bail was set for his recent local case at $50,000. I checked with the Humboldt County Jail after the arraignment to see if Scavelli had made bail. In my follow up, I learned that Scavelli has a federal detainer hold.

This is from the United States Postal Service case. Jail said for alleged possession of heroin. I will check again tomorrow if that is another charge, in addition to the LSD.

 According to Humboldt County Correctional Facility, they checked and there is no statute of limitations on a federal detainer.

A local bail company said that Scavelli can go before a federal magistrate and see if he is eligible for bail and then post bail on the local case.

Oct 27, 2016

George Scavelli charged with two counts in arraignment, no false ID charge

George Louis Scavelli, who escaped custody in 1992, and was recently arrested by the Fortuna Police Department was scheduled to be arraigned this afternoon.

Dressed in an orange jumpsuit with steel rimmed glasses, Scavelli glanced around the courtroom when he was first brought in; I don't know who he was looking for in the audience.

 Judge Joyce Hinrichs kept bail at $50,000 for the local case. Deputy District Attorney Luke Bernthal was present for the People.

Scavelli hired private attorney Mr. Benjamin Okin. Intervention hearing on November 7 at 3 p.m. Preliminary hearing November 8 at 8:30 a.m. Not guilty pleas entered for both counts. Time was not waived.

In the complaint filed by the DA today, Scavelli is only charged with two counts. Count 1 PC 69 and Count 2 PC 148 (a) 1, Resisting/Obstructing/Delaying a Peace Officer. In both counts, the alleged acts were against Officer Brian Taylor.

When he was booked he was charged with PC 69 resisting an executive officer, which is a felony. Scavelli also has charges added of false identification and battery, his bail was set at $50,000.

No other media present in court for the arraignment.

George Scavelli charged with two counts in arraignment, no false ID charge

George Louis Scavelli, who escaped custody in 1992, and was recently arrested by the Fortuna Police Department was scheduled to be arraigned this afternoon.

 Judge Joyce Hinrichs kept bail at $50,000 for the local case. Deputy District Attorney Luke Bernthal was present for the People.

Scavelli hired private attorney Mr. Benjamin Okin. Intervention hearing on November 7 at 3 p.m. Preliminary hearing November 8 at 8:30 a.m. Not guilty pleas entered for both counts. Time was not waived.

In the complaint filed by the DA today, Scavelli is only charged with two counts. Count 1 PC 69 and Count 2 PC 148 (a) 1, Resisting/Obstructing/Delaying a Peace Officer. In both counts, the alleged acts were against Officer Brian Taylor.

When he was booked he was charged with PC 69 resisting an executive officer, which is a felony. Scavelli also has charges added of false identification and battery, his bail was set at $50,000.

No other media present in court for the arraignment.

Oct 26, 2016

Fortuna Police Department releases more details on John Doe aka George Scavelli that I reported on last night

My post last night and this morning before the press release:

http://johnchiv.blogspot.com/2016/10/john-doe-who-claimed-never-to-be.html?m=1

On October 25, 2016 at about 3 pm Fortuna Police were dispatched to a report of a male subject, with a child on his shoulders, walking through a parking lot in the 3300 block of Renner Dr., pulling on numerous parked vehicle door handles attempting to gain entry. 

Hoopa dispatch call results in suspect allegedly confronting deputies and an officer involved shooting

On Thursday, October 27, 2016 at about 3:30 a.m. Humboldt County Deputy Sheriffs were dispatched to the south end of Hoopa for a report of a subject having some type of medical issue and shooting from his residence.

After several hours on scene, the subject confronted deputies resulting in an officer involved shooting. The suspect was taken into custody. Further information will be provided in future media release.

Weed good; casino bad; alcohol and law enforcement bad! bad! sez dis guy

If you do not want to click the link and read the entire article, I will summarize it for you.

Think of it as blog cliff notes.

The article writer tries and fails to be objective. Even as an opinion piece, it would fail to be credible, it is so one sided.

Law enforcement responding to Umpqua bank, patrol check for someone allegedly attempting to cash stolen check

Will update if it is the guy who allegedly robbed Mckinleyville.

EPD responding.

Fortuna Police Department releases more details on John Doe aka George Scavelli that I reported on last night

My post last night and this morning:

http://johnchiv.blogspot.com/2016/10/john-doe-who-claimed-never-to-be.html?m=1

He needs to be arraigned by tomorrow or

On October 25, 2016 at about 3 pm Fortuna Police were dispatched to a report of a male subject, with a child on his shoulders, walking through a parking lot in the 3300 block of Renner Dr., pulling on numerous parked vehicle door handles attempting to gain entry. 

Garberville gets additional deputy funded by Measure Z

Sheriff Downey is pleased to announce a new Measure Z deputy position assigned to the Garberville Station! This new deputy position is in addition to the regular assigned deputies for the Garberville Station, and is not filling a vacancy. The deputy assigned to this position is Foy Melendy.

$50,000 bail for Jason Lusk arrested on charges of assault with a firearm on a peace officer and under the influence of a controlled substance while having a loaded firearm

On 10-22-2016 at approximately 7:00 PM, Mendocino County Sheriff’s Deputies responded to contact Jason Lusk, who was believed to be in the possession of a stolen firearm at a residence in the 38000 block of South Highway 1 in Gualala, California.

Renters workshop at Betty Chinn Day Center attracts a full house

Today from 11 to 12:30, a free Renter's Rights Community Workshop was held at
the Betty Kwan Chinn Day Center, located at 133 Seventh St. in Eureka. The place was packed. There were seats for 42 people, 38 people had shown up by 11 and by 11:15, the count was 44 with a couple people still walking in. The presenter Gregory Holtz, was an attorney from Legal Services of Northern California

Meet Michael and Jace Williams, who should be given the father-son and good samaritan award, why?

I was walking in Old Town about 15 minutes ago and saw these wonderful good Samaritans.

I walked up to Michael Williams, who I thought was Jace's brother. Turns out he is a great dad with an awesome son.

I asked him why he was picking up this litter. Many of us, including me, have walked past these piles of leaves with trash and plastic bags on 4th street.

After driving past for two days, this is what Michael decided to do on his day off. Jace was so excited to clean the street and get rid of the plastic bags that I had to take these photos quickly!

They finished up. It took them 30 minutes. Michael is not on active duty now, but he is an Air Force Veteran and owns Bikini Brews. So go support this local business and say thank you!

John Doe who claimed never to be fingerprinted now identified, bail now $50,000, charges added

Yesterday, I did this post on "John Doe."

Today, called the Humboldt County Jail and therevis no John Doe but a person arrested at that time is now identified as George Louis Scavelli.

The only arrest made by Fortuna PD yesterday for the same charge and booked in jail was a George Louis Scavelli for PC 69, which is a felony. Scavelli also has charges added of false identification and battery, his bail is $50,000.

Contacted FPD as well for more details and a booking photo.

Google George Louis Scavelli.

This link has some interesting information.

https://postalinspectors.uspis.gov/radDocs/wanted/scavelli.htm

Oct 25, 2016

A guy being booked in jail right now for allegedly assaulting an officer claims his name is John Doe and he has never been fingerprinted

2200 block of Union Street fire deemed suspicious upon preliminary investigation

On October 26, 2016 at approximately 0150AM Humboldt Bay Fire responded to a residential structure fire in the 2200 block of Union Street.  Three fire engines, one ladder truck and two chief officers responded.  Upon arrival first arriving crews reported heavy flames coming from the front of the single story residential structure.  

CHP finds boy that was allegedly abducted yesterday and reunites him with family

Photo and update from CHP:

"Henry Massey, who was abducted yesterday has been found by Officers in our CHP – Valley Division and is being reunited with his family in Downieville. Thank you for all your help."

http://chp.click/2dGNHbq

A guy being booked in jail right now for allegedly assaulting an officer claims his name is John Doe and he has never been fingerprinted

50K bail set for a guy being booked into Humboldt County jail right now for allegedly assaulting an officer.

The suspect claims his name is John Doe and he has never been finger printed.

They are running his prints, anyway, to make sure.

As of 10 p.m. his real identity is still unknown and he is still in custody.

Arresting agency Fortuna Police Department.

St. Joe's to be billed for EPD response to "accidentally activated" panic alarm

Operation Safe Street Facebook post (and graphic):

"Moments ago, Eureka Police responded to a single activation panic alarm at St Joseph Hospital.  The alarm was accidentally activated and everything is ok.  St Joseph will be billed for the response.  That's a switch."

Humboldt County and Deputy County Counsel Blair Angus that got chewed out in a First District Appeal opinion yesterday will likely cost taxpayers over $150 K

The issue of fees in Humboldt County Adult Protective Services vs Magney will be decided after the court issues the remittitur which should be in about a month.

I will be following this case and from now what I have heard from others whose legal opinion I trust that the amount awarded will likely in excess of 150k for the Health Care Directive petition and appeal.

While Deputy County Counsel Blair Angus did not confirm that she was a judicial candidate, Mr. Allan Dollison is one local attorney who was contacted about her and there are others who have confirmed the same.

The sound files of the oral arguments made by Deputy County Counsel Blair Angus, who represented the Count is an extensive sound file and I have not had a chance to work on that post, am hoping to do that later this evening.

This was the post I did yesterday and I published it right after the opinion came out.

Here is a link to one of the BOS meetings where this litigation was discussed in closed session.

https://humboldt.legistar.com/MeetingDetail.aspx?ID=393865&GUID=EC8D7493-1095-4797-8AD2-FC94579E2414&Search=

Both Ms. Angus and the nurse at Adult Protective Services, in my opinion should not be employed with the County.

Oct 24, 2016

"In sum, Humboldt was not merely negligent in preparing its petition and request for an order compelling medical treatment under the Health Care Decisions Law; it knowingly and deliberately misrepresented both the law and the facts to the trial court. "

Today, Allison Jackson, one of the partners in the Harland Law Firm, won a major appeal and case against Humboldt County Adult Protective Services.

An elderly man, on his death bed was denied his right to die according to his own wishes and he and his elderly wife spent the little time they had together fighting Humboldt County Adult Protective Services and County Counsel.

In this published opinion,  the court’s criticism of the county and the deputy county counsel in this matter can be summed up in this paragraph.

"Humboldt also points to hearsay in these two pages that Mrs. Magney expressed concern about her ability to continue caring for her husband at home, and about whether Medicare would cover all of his medical costs. Even apart from the double hearsay problems, these notes do not suggest any basis for concluding Mrs. Magney was acting in a manner inconsistent with her husband‘s health care instructions in his advance directive. To the contrary, they appear to be entirely reasonable concerns and consistent with a desire to insure her husband received appropriate care. They certainly do not provide reasonable, let alone ―ample,‖ cause to effectively revoke Mr. Magney‘s advance directive by removing his wife as his agent for health care decisions."

"In sum, Humboldt was not merely negligent in preparing its petition and request for an order compelling medical treatment under the Health Care Decisions Law; it knowingly and deliberately misrepresented both the law and the facts to the trial court. We would find such conduct troubling in any case. In the instant context we find it profoundly disturbing."

Sears vs Dale and the Harbor Commission lawsuit had another hearing; outcome?

Yesterday, afternoon at 1:30 p.m. there was a court hearing on the lawsuit filed by Leo Sears against Greg Dale and the Humboldt Harbor Bay Commission.

On October 19, Mr. Bill Bertain, who represents Leo Sears, filed a second amended complaint.

Mr. Bertain told Judge Dale Reinholtsen yesterday that he was going to meet with Paul Brisso to see if Mr. Brisso will file a demurrer."

Mr. Brisso represents the Harbor Commissioners. Mr. Bill Mitchell was in court yesterday instead of Mr. Brisso.

A 90 day request was requested by both parties and granted by Judge Reinholtsen. Next court hearing is January 23.

The last court hearing was on June 29. The matter discussed in that hearing was taken under submission by Judge Reinholtsen.

Local citizen has a tip on the Umpqua bank suspect, law enforcement look near the widow white creek area

Thanks to Shari Martinsen, a Mckinleyville citizen and business owner who is trusted, a good lead to the Umpqua bank suspect was passed on:
"

 John....
I spoke to a local homeless woman and showed her the robbers pic.  Without hesitation she said he hangs out occasionally at the trailer park across from A&L feed... Also at the widow white creek area... (Not the trailer park on Murray).."

HCSO releases the photo of the Umpqua bank suspect

On Monday, October 24, 2016 at about 4:30 p.m. Humboldt County Deputies responded to Umpqua Bank on Central Ave in McKinleyville for a report of a robbery that had just occurred. Witnesses stated the suspect entered the bank, walked up to a bank teller and handed the bank teller a note demanding money. No weapons were seen.

HCSO calls in FBI for assistance with Umqua Bank robbery in McKinleyville

The FBI has been called to assist with a robbery that occurred at the McKinleyville Umqua Bank branch around 4:30 p.m. today.

FBI involvement due to federally insured dollars.

Alleged suspect is described as a white male adult, 5'11", wearing a black beanie and yellow rain poncho. 

This photo was taken and posted online by Shari Martinsen, an hour ago. It is reprinted with her permission.

Ms. Martinsen said, "Going on right now on Pickett...behind the shopping center.  Dogs out sniffing... Trying to catch the person who robbed Umpqua Bank."

"In sum, Humboldt was not merely negligent in preparing its petition and request for an order compelling medical treatment under the Health Care Decisions Law; it knowingly and deliberately misrepresented both the law and the facts to the trial court. "

Today, Allison Jackson, one of the partners in the Harland Law Firm, won a major appeal and case against Humboldt County Adult Protective Services.

An elderly man, on his death bed was denied his right to die according to his own wishes and he and his elderly wife spent the little time they had together fighting Humboldt County Adult Protective Services and County Counsel.

In this published opinion,  the court’s criticism of the county and the deputy county counsel in this matter can be summed up in this paragraph.

"Humboldt also points to hearsay in these two pages that Mrs. Magney expressed concern about her ability to continue caring for her husband at home, and about whether Medicare would cover all of his medical costs. Even apart from the double hearsay problems, these notes do not suggest any basis for concluding Mrs. Magney was acting in a manner inconsistent with her husband‘s health care instructions in his advance directive. To the contrary, they appear to be entirely reasonable concerns and consistent with a desire to insure her husband received appropriate care. They certainly do not provide reasonable, let alone ―ample,‖ cause to effectively revoke Mr. Magney‘s advance directive by removing his wife as his agent for health care decisions."

"In sum, Humboldt was not merely negligent in preparing its petition and request for an order compelling medical treatment under the Health Care Decisions Law; it knowingly and deliberately misrepresented both the law and the facts to the trial court. We would find such conduct troubling in any case. In the instant context we find it profoundly disturbing."


Here is the link where you can find the opinion. Click on the Humboldt County Adult Protective case.

http://www.courts.ca.gov/opinions-slip.htm


I will also link in a separate post  sound files of the oral arguments made by Deputy County Counsel Blair Angus, who represented the County later. It is an extensive sound file so I am working on the best and most user friendly option.

Hear for yourself, the debacle made by County Counsel in pursuing this case; not to mention that the cost could have been reduced, even before the appeal was filed by Ms. Jackson.

Here is a part of that published opinion..

Humboldt County Adult Protective Services v. Magney
Case: A145981, 1st District, Division 1

Disposition date :          10/24/2016
Disposition description:   Reversed & remanded to trial court w/directions
Disposition status as of   10/24/2016:    Final

Notes:
The order denying attorney fees is reversed and the matter remanded to determine and award Mrs. Magney reasonable attorney fees.  Mrs. Magney shall also recover costs on appeal.