Just like his jury trial, now Kailan Meserve's appellate attorney wants more time, dragging out his appeal

Today, Kailan Meserve's attorney, Johnny Griffin, filed an order in the First District, California Court of Appeal

On January 20, 2017, appellant Kailan Meserve filed a motion to stay the appeal pending the resolution of a petition for writ of habeas corpus he has filed in the trial court seeking a new trial based on the suppression of favorable, material evidence in his first trial. Respondent has 15 days to oppose the motion. (Cal. Rules of Court, rule 8.54(a)(3).) On January 26, Meserve filed a request that his January 31 deadline to file an opening brief be extended. His appellate counsel attests that respondent does not plan to oppose Meserve's motion for a stay and does not oppose his request for an extension of time. The court seeks input from respondent on whether the trial court has jurisdiction to rule on Meserve's habeas petition while his conviction is on appeal. The court does not intend to rule on Meserve's stay request until the time to respond to it has passed, and the court would be inclined to grant any requests for an extension of time for respondent to respond to the stay request. In the meantime, Meserve's request for an extension of time to file an opening brief is granted as follows. In the event that the court denies Meserve's stay request, Meserve shall have until 15 days after the court's ruling to file an opening brief."

Link to apellate court information on this case:

http://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=1&doc_id=2151010&doc_no=A148944

From possible resolution to no plea to motion to continue, Maxx Robison preliminary continued to February 21

Preliminary hearing was scheduled for McMullens' motel suspect Maxx Robison this morning in Courtroom 4.


At the intervention hearing for Robison yesterday, his attorney, Public Defender Jennifer Dixon said that an offer had been made by the people, which would remain
open until this morning.


First, it seemed the case would resolve. Then, when Robison appeared in court, he told his attorneu he would not take the plea. All this between back and forth between Courtroom 4 and 2. Finally, the case ended back in Courtroom 2 for an oral motion to continue by the People. The DA's office learned this morning a witness was unavailable as she was sick.

The People's offer was withdrawn.

Motion for discovery on February 9; Intervention on February 16; Preliminary February 21.

Police, fire, ambulance at Adorni Center

Police, fire and ambulance at Adorni Center.

Reader who is there said, a male, allegedly jumped off dock behind Adorni Center The Fire Department got him out. People said he had walked by them talking to himself carrying a chair.

Ambulance just left with the male.

Probation compliance check leads to arest of two in Arcata, charges include maintaining a drug house

On 01/28/17 at about 1317 hours, an officer on patrol recognized a subject that was on probation entering a mobile home in the 1000 block of 7^th St. Several officers responded to the residence and contacted Sarah Schultz (34) of Arcata. Schultz was found to have a warrant for her arrest and a search clause as a term of her probation. A fellow resident of the home was identified as Carl Partee (51) of Arcata. 

"I asked Mr. Main if he had assaulted a 17 year old female. He said he had touched her butt."

On January 9 at 3:01 p.m., HCSO Deputy Luke Mathieson was dispatched to a laundry facility for a report of sexual battery.

He testified on January 26 that when he arrived at the Sweet Spot, located at 3100 Hiller Road in Mckinleyville, he contacted the mother of the victim, Ms. (name not printed in this blog post). She told him that her "17 year old daughter had been sexually assaulted on her butt." She then showed Deputy Mathieson the man, who was inside the laundry facility.

Deputy Mathieson described the man he saw, mid 50s, glasses and then identified the defendant in court.

Deputy Mathieson said that his beat partner, Deputy Stallworth, had arrived at the facility by this time. Deputy Mathieson asked Main for ID and Main gave him his CA driver's license.

"I asked Mr. Main if he had assaulted a 17 year old female," said Deputy Mathieson."He said he had touched her butt."

Manuel Mills of Eurela arrested for alleged vandalism at Rohner Park

On January 18, 2017, officers responded to Rohner Park (Park Street) for a report of extensive vandalism to park facilities.  Upon arrival, officers determined that a subject in a Red GMC Pickup Truck had caused extensive damage to one of the park's baseball fields.  The vehicle had also struck a pole prior to leaving the park.     

Another loss for Galipo, EPD and City of Eureka prevail

On January 25, 2017 the Honorable Judge Yvonne Gonzalez Rogers, a United States District Court judge ruled the City of Eureka and its officers were dismissed from the lawsuit on summary judgment. The lawsuit brought by Stephany Borges, the mother of decedent, through the Law Offices of Dale K. Galipo and John C. Fattahi. The City was defended by Ms. Adrienne M. Moran, of Shapiro Galvin Shapiro and Moran of Santa Rosa.   

Suspect on Sweet spot incident held to answer on all charges

Bryan Ross Main had a preliminary hearing was scheduled this morning at 9:45 a.m. in Courtroom 4. It has been continued from the previous day. Due to courtroom availability in the morning, it was held in the afternoon at 3 p.m. in Courtroom 2.

Deputy District Attorney Carolyn Schaffer is prosecuting the case. Conflict Counsel's Mr. Greg Elvine-Kreis is Main's attorney.

People called one witness, HCSO Deputy Luke Mathieson. Defense had one witness, Tracy Hardy, Main's caregiver.

Main is charged in Count 1 with Failure to register as a sex offender with a special allegation of a prior serious felony conviction, which was assault to commit rape in 1994 in Shasta County. Count 2 Sexual battery Count 3 Annoy/Molest a child under 18.

Main was held to answer to all charges. Arraignment on information is February 9 in Courtroom 2.

No other media was in court.

Both attorneys presented input and Judge Marilyn Miles provided feedback regarding Count 1 before the final ruling; that discussion may or may not affect charges for the jury trial.

Pitchess motion scheduled this morning for Clayton Lasinski case; wonder which officer's excessive record they seeking

Clayton Lasinski's preliminary hearing has been continued to February 2. Lasinski is the man who led EPD on a chase during rush hour. He is charged with 15 counts.

The case was scheduled, today, January 26, in Courtroom 4 for a Pitchess Motion by defense.

However, that turned out to be an error. Conflict Counsel's Mr. Greg Elvine-Kreis had filed a motion to compel discovery, which he told Judge Arvid Johnson in court. All the media that showed up also learned in court of the error.

Deputy District Attorney Luke Bernthal is prosecuting the case for the People.

Motion granted after Mr. Bernthal told Judge Johnson he had followed up twice and had not received records from law enforcement yet.

DDA Luke Bernthal told Judge Arvid Johnson, " Mr. Elvine-Kreis is asking for what he is entitled to; there is a voluminous amount of evidence in this case and I expect
that is what is slowing this down."

Dates confirmed.

Humboldt Bay Fire at Second and I in Eureka

Humboldt Bay Fire just pulled in towards the corner of Second and I in Eureka. City ambulance also here, in front of house next to the old Has Beans in Eureka.

Flashlight search in enclosed alley next to the house. Fire and ambulance just left a minute ago.

"This was one of the most profoundly disturbing cases I've handled in my career."

Harland Law Firm's Allison Jackson just gave me this quote on the Magney decision.

"This was one of the most profoundly disturbing cases I've handled in my career. I am not only grateful the Appellate Court spoke so strongly and decisively, I am also incredibly grateful that our State Supreme Court quickly denied the request to depublish the case."

California Supreme Court denies Humboldt County Counsel's request to depublish Magney case; fourth defeat for County

Fourth loss for County, again. Way to go County Counsel, nothing like being humilated nationally, again, and it is permanent.

Previous posts:

https://johnchiv.blogspot.com/2017/01/losing-three-times-and-being-humiliated.html?
m=1

http://johnchiv.blogspot.com/2016/12/attorney-fees-and-magney-widow-to.html?m=1

http://johnchiv.blogspot.com/2016/10/humboldt-county-and-deputy-county.html?m=1

http://johnchiv.blogspot.com/2016/10/in-sum-humboldt-was-not-merely.html?m=1

Article claims affordable housing is now a middle class issue in California

Excerpt:

What’s driving this housing crisis? It’s a classic problem of supply and demand. Put simply, the state doesn’t build enough housing to accommodate its population growth. California is home to roughly 13 percent of the nation’s population, and has slightly greater than average population growth. Yet, over the last 20 years the state has accounted for only 8 percent of all national building permits.

Do you want a drug addict, meth dealing, felon rolling around w this in his car?

Chief Andy Mills:
Do you want a drug addict, meth dealing, felon rolling around w this in his car?  Neither do we. @Eureka_Police https://t.co/y9j8hEkgob

HCSO arrests Casey Floyd Felt in connection with alleged shooting of a Miranda woman

On Tuesday, January 24, 2017 at approximately 7:06 a.m., Humboldt County Sheriff’s Office Investigators, with the assistance of the Humboldt County SWAT team, served a search warrant at a residence in the 1200 block of Felt Rd. in Miranda.  

This is America; shattering the stereotypes portrayed in both alt left and alt right media

This is America.

The link below is not just about a taco stand and what one business owner is doing to help the community. The video shatters many misconceptions: about who needs help; about racial and ethnic stereotypes and the South.

http://www.sunnyskyz.com/good-news/2019/Restaurant-Owner-Sets-Up-Take-One-Leave-One-Coat-Rack-For-The-Homeless

Brian Mitchell appointed to Planning Commission

Brian Mitchell is top choice for Planning Commission seat. Supervisor Mike Wilson said he was going to vote no because of his comments on wanting diversity but complimented Brian Mitchell and the no was not a personal one.

"Mr. Ulansey is the poster child of conflict of interest."

The Humboldt County Board of Supervisors is now addressing the appointment on the Planning Commission.

17 applications.

Public comment was taken. Carrie Peyton Dahlberg asked Supervisors not to nominate Lee Ulansey calling him "divisive"
and making decisions detrimental to the environment.

Allen McCloskey Jr. read a prepared statement into record. Recommended Nicole Sager and Sungnome Madrone. He said neither candidate had agenda.

Allen McCloskey said that it had been brought to attention that Mr. Ulansey has threatened certain Supervisors that he would run against them if he was not appointed.

Not one letter of support but several against reappointing Lee Ulansey on the Humboldt County Planning Commission

The agenda for tomorrow's Humboldt County Board of Supervisor's meeting has a lot of information in the attachment provided for the item regarding filling the seat of Humboldt County Planning Commissoner Lee Ulansey which expires at the end of the month.

Check out the applications of all candidates.

Not one letter of support for Lee Ulansey but several against his reappointment.

Lee Ulansey should answer whether he plans to run against Fourth District Supervisor Virginia Bass. If he does, he should take himself out of consideration for this position and allow the Board to pick someone who wants to serve the County, not someone who wants to use the Planning Commission as a bookmark for their next political position.

Sohum upskirting suspect case gets continued again; another defense request

Setting for Sohum upskirting suspect was scheduled for the afternoon of January 19 in Courtroom 5.

The defense asked it be continued; that request was granted. New date is March 2 at 1:30 p.m in the Misdemeanor Court.

Names of four protestors arrested by EPD on January 21 from jail reports

Shannon Francis Kirke, Hannah Kelman Zivolich, Lee Deze Maynard and Coutnie
Laverne Hoyerburns arrested by EPD  on January 21 for resisting arrest at 4:17 p.m.

Fourth and Fifth street open to traffic, the few protesters leaving, EPD still on scene

The stench of cheap weed on the corner Fourth and I, with less than 20 protesters left when I walked up, few faces covered with gas masks, have now left the scene.

There were more people on 5th street earlier.

EPD responding to 4th and H streets for alleged blocking of traffic and vandalism of SUV

OSS Update at 3:41:

"Multiple agencies now on scene at protest downtown.  Traffic re-direction efforts happening so best to avoid 4th and 5th Street for now.

Update - EPD requesting misc riot control equipment.  If you are in this area and not part of the situation it would be best to leave now. 1541 hrs"

Ramey warrant for additional suspect in Khanh Lam homicide

Preschern

On Wednesday, January 18, 2017, 39 year old William Lamar Hinson was booked into the Humboldt County Correctional Facility for the murder of 37 year old Khanh Lam.  Humboldt County Sheriff’s Investigators determined Hinson was an additional suspect and a Ramey warrant was issued in September 2016 for the immediate arrest of Hinson. 

Hinson was located in Florida by the U.S. Marshals Service on November 4, 2016.  He was later transferred to the Humboldt County Correctional Facility on January 18, 2017.  His bail was set at $1,000,000.

This case is still under investigation.  If anyone has information in regards to this case, please contact Investigator Turner at 707-268-3642.

Violation of probation results in three year prison sentence for Blaine Richard Martin

This week, Blaine Richard Martin received a three-year prison sentence from Judge Timothy Cissna following his conviction by a jury of possessing a firearm and ammunition and having previously been convicted of a felony.
 

Hezekiah Allen violation of probation hearing for 2015 DUI case?

Hezekiah Allen's 2015 case was scheduled at 10 a.m. in Courtroom 8 today.

In May 2015, Allen plead guilty in his DUI case.

According to court records, Allen has a pre trial for Violation of Probation scheduled in March 2017. He was re-referred for Community Service Work in November 2016.

Previous post:

http://johnchiv.blogspot.com/2015/05/hezekiah-allen-plead-to-dui-and-was.html?m=1

First they tackle an inmate escaping from the courtroom, now the HCSO duo is part of the team that talked suicidal man into surrender

They have no idea I am doing this, which is all the more reason to do so. Jason Akana and Julie Oliviera tackled the inmate that ran out of Courtroom 5. Remember that incident?

When I thanked Jason today, he said, " just doing my job." He humbly mentioned that mental health was there.

I have known Jasonand Julie  a long time before I started covering the courts. The other two HCSO team members were Lt. Mike Fridley, who I got to know better since I covered the courts and HCSO's Pam Wilcox.

The Sheriff's office, detectives, deputies work hard every day; not every case makes the headlines.

Jury convicts Devin Schmidt of arson of an inhabited dwelling

On January 19, 2017, a Humboldt County jury convicted Devin Lee James Schmidt, 24, of arson of an inhabited dwelling, which is a serious and violent offense under the California Penal Code.  

The case against Schmidt arose from a fire in a residence on Muncie Street in Eureka on November 3, 2015. That same day, Humboldt Bay Fire Department Arson Investigator Captain Michael Landry determined the fire was intentionally set. His observations included a gas can with blood on it inside a bedroom and blood on the exterior of the house. During Captain Landry’s investigation, Schmidt arrived on the scene with bandages and cuts on his hands. A neighbor identified Schmidt as the person seen leaving the residence near the time of the fire. Firefighters detained Schmidt until law enforcement arrived.  

Humboldt jury returns verdict of five million against Timber Ridge

On January 18, 2017 a Humboldt County Jury returned a verdict of 5 Million Dollars against Timber Ridge Assisted Living of McKinleyville LLC and Western Living Concepts, Inc. The case was brought
by the daughters of Marjorie Fitzpatrick. Ms. Fitzpatrick was a 90 year old resident of the dementia unit in Timber Ridge McKinleyville.

Next court date for Jon Goldberg February 23

Setting for Jon Goldberg was scheduled for this morning in Courtroom 5. Goldberg is charged with the murder of Tim Smith.

Next court date is February 23. Setting was continued at defense request.

Three suspects still at large in Laytonville homicide of Jeffrey Settler

On 11-11-2016 at 3:39 PM, Mendocino County Sheriff's Deputies were summoned to a reported man who had been murdered on a remote property located in the 49000 block of North Highway 101 in Laytonville, California.

The property was a rural parcel approximately 5 miles from Highway 101, on a dirt road that traveled in a westerly direction. Deputies responded to the scene confirming there was a male adult who was obviously deceased as a result of what appeared to be a violent assault.

Desmon Van and Lucas Herrera arrested for alleged robbery on Alliance Road

On 01/18/2017, at approximately 1141 hrs, the Arcata Police Department Communications Center received a report of an armed robbery that had just occurred at a business in the 2200 blk of Alliance Rd.

The clerk reported a man entered the business, displayed a firearm and demanded cash. After taking the money, the man fled in a vehicle. The clerk was able to provide an accurate description of the suspect and his vehicle including a partial license plate number. APD officers immediately began searching the area for the suspect and vehicle.

Incarceration, mental illness addressed at Stepping Up Summit conference , Supervisor Bass, Undersheriff Honsal attending

Fifth District Supervisor Virginia Bass, Undersheriff William Honsal, Probation's Bill Damiano DHHS's Connie Beck, Humboldt County Superior Court Presiding Judge Joyce Hinrichs and Conflict Counsel's Greg Elvine-Kreis are some of the attendees at the conference below.

Photo by Supervisor Bass:

HCSO and mental health responding to a call, assistance called for additional units

HCSO put out a call about for more units and mental health assistance at a park.

Person aware of law enforcement. presence. CALTRANS asked to stay clear.

HCSO PIO Selena Zorilla Mendoza said:

"Law enforcement is out with a subject at a residence on the 4000 block of Hwy 101, Bayside.  This is an active ongoing investigation. "

Help locate these vehicles involved in an alleged robbery in Mitchell Heights yesterday

Update: Within minutes of posting this, a citizen already called in a tip on one of the vehicles.

I have forwarded the information to HCSO.

"Here are the people who robbed my neighbor yesterday afternoon in Mitchell Hts. I was home saw them and so did another neighbor who photographed their cars. They kicked in a door and stole a TV and guns. Three young guys they were seen walking in the area. Please blog so your readers can be aware. The police did come however they are overwhelmed with all the burglaries taking place during the day. If we all post this stuff we can all be on the lookout. The one license plate is from Fortuna."

According to the neighbor who sent me this, alleged suspects are three white males, "in their 18s to 20s."

Former Mendocino Deputy now in Idaho allegedly shot 3 times by suspect while serving an arrest warrant

On 01-16-2017 at approximately 11:30 AM Bonner County Sheriff's Deputy Justin M. Penn was shot three times by a suspect while trying to serve an arrest warrant.

Deputy Penn worked for the Mendocino County Sheriff's Office from August 2008 until January 2011. Penn left Mendocino County Sheriff's Office in a time when layoffs looked eminent.

Penn has been working as a Deputy Sheriff in Idaho since that time. As is normal in this type of incident little information is available at this time.

Deputy Penn is listed in fair condition and the men and women of the Mendocino County Sheriff's Office wish him a speedy recovery.

More information on the incident can be found at:

http://www.bonnercountydailybee.com/front_page_slider/20170117/task_force_releases_deputies_suspects_names

Vote to reappointment Planning Commissioner Lee Ulansey scheduled for next Tuesday

The reappointment of Planning Commisioner Lee Ulansey was on the Humboldt County Board of Supervisors today.

It will take place next Tuesday.

Whether protocol has been followed was raised in the previous posts.

Previous posts:

http://johnchiv.blogspot.com/2017/01/check-out-who-owns-1108-main-street-in.html?m=1

http://johnchiv.blogspot.com/2017/01/i-am-no-fan-of-lee-ulansey-but-te-your.html?m=1

Joe Kitchen's dismissal of claim against City of Fortuna and County of Humboldt filed today

Mr. Zachary Zwerdling, attorney for Joe Kitchen just informed media and sent a copy that the dismissal of claims against the City of Fortuna and County of Humboldt have been filed.

In a letter sent to the City of Fortuna today, "Joe and Jevin Kitchen hereby waive without prejudice any claims against the City of Fortuna on Dangerous Condition of Public Property."

City of Fortuna says " Marci, no claim for you!''

Fortuna city staff had recommended that the Fortuna City Council reject Marci Kitchen's claim against the City. It was on the agenda for January 17th.

The Fortuna City Council voted to follow that staff recommendation.

Previous post:

http://johnchiv.blogspot.com/2017/01/according-to-claim-on-eel-river-crime.html?m=1

Let's show the world together, what it means to be one community

"Together, let's show the world, what it means to be one community."

These words spoken by Chief Andy Mills to the crowd gathered to march on MLK day organized by EPD and Humboldt NAACP.

"I can't thank Humboldt enough,this represents the finest," said Chief Mills to rounds of applause.

Attendance estimated to be over 500, according to EPD Captain Steve Watson.

Suspect in arson of an inhabitated structure cousin of one of the residents

On 01-13-2017 at approximately 1:10 AM, Mendocino County Sheriff Deputies were dispatched to a report of an arson that had just occurred inside a residence in the 44000 block of Pacific Woods Road in Gualala, California.

An adult female reported the fire had been extinguished with the help of friends and fire and medical personnel were not needed.

Sheriff’s Deputies responded to the residence and met with the adult female.  Deputies learned the adult female's cousin, Ashaki Satomi Scott, had been temporarily staying at the adult female's residence.

On 01-12-2017 in the evening hours, the adult female caught Scott attempting to make unauthorized purchases with a business client’s credit card.  The adult female and Scott engaged in an argument regarding the fraudulent purchase attempts.

How actively is HCSO investigating the case of who sold Ryan's ashes back to his parents?

After the post below appeared on social media, community members contacted me saying that they were concerned that HCSO had not assigned any detectives to this case and that they have been working on any information and leads to help law enforcement.

I have contacted HCSO to ask about this claim. Undersheriff William Honsal responded to me this afternon and I am updating the post with his response.

"This is an ongoing investigation and our detectives are involved, but Deputy Wilcox is the lead."

Please help family locate Austin Cade Brown

A regular reader requested I post this, if you can help, please call number below or law enforcement.

Check out who owns 1108 Main Street in Fortuna and is leasing it to the County, yeah Lee Ulansey

Why is this an issue?

Even if Lee Ulansey could recuse himself on certain votes involving properties he owns;
if the rumors about him moving to Eureka are true, a district that is almost entirely under land use planning by the City of Eureka would have 3 out of 7 appointments, and a district like the 5th District  would have one on the Planning Commission.

I am no fan of Lee Ulansey but TE your spin does not match the facts on the agenda

I am no big fan of Lee Ulansey or HumCPR

http://johnchiv.blogspot.com/2016/04/humcpr-can-certainly-afford-their-own.html?m=1

http://johnchiv.blogspot.com/2016/04/free-coffee-and-donuts-at-humcpr-office.html?m=1

http://johnchiv.blogspot.com/2016/04/this-is-all-theater-humcpr-is-behind.html?m=1

However, Tuluwat Examiner's misleading post blaming Supervisor Virginia Bass has  their facts incorrect.

Tuluwat isn't revealing anything  new about Lee Ulansey and Supervisor Ryan Sundberg but it is a rumor, not anything stated by anyone as fact. If they really had their pulse on the whispering grapevine, they would know that it has been rumored that Lee Ulansey wants to run against Supervisor Virginia Bass. All just idle gossip at this point.

The item was put on the agenda for January 17th and has Supervisor Rex Bohn's name on it, not Supervisor Virginia Bass.

Lee Ulansey's appointment is over at the end of this month and it was probably put on the agenda for discussion.

Unless someone steps up to challenge Lee Ulansey or apply, what do you expect will happen?

It says consider the reappointment, not that it is a done deal.

There is also a protocol to be followed that can be viewed by searching April 13 2011. So, Tuesday will tell if proper protocol was followed.

Shout out to Verizon store in Eureka; especially Nick

This is how all businesses should strive to be. The Verizon store in Eureka and their national customer service is consistent and they go beyond what is required.

I have gone in and it has been a different customer service representative each time.
Excellent experience, every single time.

A shout out to Nick today for all his help.

Humboldt Bay Fire to EPD's aid at the police station

Walking up 6th street or driving down C street, depending on what direction you are facing, the Humboldt Bay Fire Truck may catch your eye by the Eureka Police Station.

I knew they were training, and there is a sign but I gave the firefighters a chuckle when I asked them if they were rescuing EPD.

The windows on the top floor are getting a polish.

Peter Thiel or Tom Steyer as California Governor?

I wish Peter Thiel would run.


http://www.politico.com/story/2017/01/peter-thiel-california-governor-bid-233632

Two toddlers left unattended in car near Humboldt Pie

APD responding to call about two toddlers left unattended in car outside Humboldt Pie.

Car accident on West Avenue, one trapped in car

 Car accident on west Ave.  One trapped in car. Street closed between 14th and West and 17th and West for cleanup.

Butane lab explosion in Manila, victims left scene

Two burn victims showed up at Mad River Hosital, not known yet if related to this explosion. Burn victims also showed up at St. Joseph's, unrelated to the explosion.

Arcata Fire will be on scene for at least a couple of hours. They are investigating with Humboldt Drug Task Force, said AFD Battalion Chief Sean Campbell.

LOCO's Thunderdome hits a new low; comments about rape on a post remain despite calls for removal

More "professionalism" from the local liberal and arrogant  so called "press."

I thought liberals were about women's rights, yet only a couple of people called out these disgusting comments.

In the article on LOCO's post on the missing woman, it is disgusting that despite requests one comment about rape and another about suggested sexual conduct are still there. They may disappear after this post. This kind of trash talk isnt new in Thunderdome

Here is one comment and responses:

Joe Kitchen to dismiss claim against all government entities; "we will be pursuing the only party responsible for this event that we know of at this time"

Just got off the phone with Mr. Zachary Zwerdling, attorney for Joe Kitchen.

"We are dismissing our claim against all government entities on Tuesday," said Mr. Zwerdling.

"We will be pursuing the only party responsible for this event that we know of at this time and that is who we are going to pursue.'


I asked Mr. Zwerdling about any other lawsuits and he said aid that if information is revealed in the future that anyone else is responsible, then they would look at their options at that time.

At this time, they are only pursuing legal action against Marci Kitchen.

In addition to filing lawsuit against the City of Fortuna, and Marci Kitchen, will Joe Kitchen sue her boyfriend?

Marci Kitchen has not even had a preliminary hearing but both she and Joe Kitchen have filed separate claims against the City of Fortuna seeking compensation.

They resolved their custody issues in court.

Now sources say that Joe Kitchen is  considering filing a lawsuit against Marci Kitchen's boyfriend Josh Pearlston in the future.

DA and Humboldt Association of Realtors warn about possible rental scam

The Humboldt County District Attorney’s Office recently received notification from the Humboldt Association of Realtors about a possible rental scam.  We are sharing this information to help citizens avoid being defrauded.

Norhum's Most Wanted Robert Ganfield in custody

Robert Dale Ganfield, who had an arrest warrant was booked  in jail last night for PC 667.5 (b) and PC 148.10.

You may remember him from Norhum's Most Wanted list in March 2016 or April 2015 when he made headlines jumped out of (what was believed to be a stolen) car and fled with APD (with HCSO assisting) ultimately taking him into custody.

City of Fortuna staff recommendation is to reject Marci Kitchen's claim

The City of Fortuna agenda has the claim and letter by Marci Kitchen in the agenda.

Staff recommendation is to reject the claim after reviewing it with REMIF. The recommendation also states tbe road in question is not located in the City of Fortuna but the County of Humboldt.

Same claim by Joe Kitchen. Staff recommends rejection of that claim as well.

Both are unlimited civil cases. If the dollar amount claimed exceeds $10,000, it does not have to be included on the form. An unlcimited civil case exceeds $25,000.

EPD investigating report of black male brandishing gun on Third street in Eureka

Scanner report:  black male just jumped out of the bushes on the 1600 block of 3rd St a brandishing a handgun and then fled.  EPD headed to investigate report.

EPD took Damien Dunn in custody. He was booked into jail with charges of possession of a controlled substance as well as assault and battery.

Claim filed by Marci Kitchen against City of Fortuna

According to a claim made on Eel River Crime Stoppers page which I confirmed on the Fortuna City Council agenda for January 16, a claim against the City of Fortuna has been filed by Marci Kitchen by her attorney Patrik Griego.

The State of California, California Department of Transportation and County of Humboldt have also been named in the claim.

I have contacted both Mr. Griego and Kitchen's other attorney, Mr. Benjamin Okin. Mr. Griego contacted me to let me know he will get try and get a response to me tomorrow.

There is also a claim filed by Mr. Zachary Zwerdling on behalf of Joe and Jevin Kitchen.

Contacted Mr. Zwerdling as well. Heard back from his as well.

See my updated post on staff recommendation to reject both claims.

Subway on Myrtle Avenue just robbed

Armed robbery at Subway on Mrytle. Suspects two white males. Armed with what appeared to be a small 9mm gun. Black or blue bandanas covering face. Unknown if fled on foot or via car.

No injuries.

Arizona officer ambushed earlier today and now this in Tennessee

An Arizona state trooper ambushed and shot earlier today and now this breaking news in Tennesee.

http://abc7.com/news/az-trooper-shot-in-ambush-attack;-good-samaritan-kills-gunman/1699112/

Traffic stop by two Tennesse state troopers and one of the occupants allegedly pulled out a weapon.

https://m.facebook.com/story.php?story_fbid=1198730136859677&id=315783721820994

https://m.facebook.com/story.php?story_fbid=1198797586852932&id=315783721820994

Child pornography suspect Matthew Steele bailed out same day, no charges filed yet

Matthew Aaron Steele was arrested on January 10 and bailed out on bond the same day.

Still no arraignment date or charges have been filed as of today.

Jan 11, 2017

Ramey warrant for Matthew Aaron Steele lists HSU as business address, criminal history and detailed description of child porn images that led to arrest

Matthew Aaron Steele, who was booked yesterday for alleged distribution and possession of child pornography, was arrested on a Ramey warrant.

No arraignment date or complaint has been filed yet.

I got a copy of the Ramey warrant right now. Visiting Judge Leonard LaCasse signed the warrant.

Residence address is in Arcata; business address is Humboldt State University.

HCSO received a report on 5/31/2016 from the National Center for Missing and Exploited Children, cyber tipline report.

According to the Ramey warrant, there vwere approximately 500 images and videos of suspected child pornography.

Murder, accessory and gang related charges filed for fourth suspect in Jesus Garcia homicide

Nicholas Leigl will be arraigned tomorrow on the following charges:

His case, after the first preliminary hearing was dismissed. The People did a second preliminary hearing and he was held to answer.

Not guilty plea entered this morning. Trial confirmation on February 27. Jury Trial March 6.

Previous post:

http://johnchiv.blogspot.com/2017/01/nicholas-leigl-denied-bail-reduction-as.html?m=1

Future dates scheduled to be set for the Jesus Garcia homicide, alleged to be gang related by prosecution

A court date for setting for three of the suspects in the Jesus Garcia homicide was scheduled for 10:15 on 1/17 in Courtroom 5. It was vacated and reset for 1/26 in Courtroom 2 at 8:30 a.m.

Mario Nunez, Joe Olivio Jr. and Joe Olivio III.

Third District Court of Appeal rules California grand juries can determine if police officers should face criminal charges in OIS

Excerpt:

A California appeals court has tossed out a law that banned grand juries from determining whether police officers involved in fatal shootings should face criminal charges.


The 3rd District Court of Appeal in San Francisco ruled Tuesday that lawmakers can't restrict grand juries' constitutional authority to issue criminal indictments.

Full article: 
https://www.google.com/amp/www.latimes.com/local/lanow/la-me-ln-grand-jury-police-shootings-20170111-story,amp.html?client=ms-android-verizon


Another link:
https://ww2.kqed.org/news/2017/01/11/california-court-grand-juries-can-probe-police-shootings/

Suspect firing multiple rounds at CHP in Riverside County

According to scanner reports, suspect allegedly shot at CHP. Officers requested permission to shoot back, denied by Sgt.

Which was fortunate since, it was discovered later that the suspect had
two children and a woman inside the car.

Pursuit was stopped. Suspect has child in arms, in standoff.

The woman and children were safely taken into custody, according to the article below.

http://m.pe.com/articles/hostage-822964-california-situation.html

Failure to register as a sex offender, one of three charges against Bryan Ross Main for alleged Sweet Spot incident

Bryan Ross Main will be arraigned this afternoon in Courtroom 4 on the following charges:

Conflict Counsel's office was appointed for Main, Mr. Kaleb Cockrum was present for the arraignment on Main's behalf today.

Deputy District Attorney Brie Bennett was present for the People.

The alleged victim was there with her mother.

Main looked a bit surprised when he first walked in and looked towards someone in the audience. After the court hearing, a couple came up to me and introduced themselves. They were in court to support Main and are his friends. They requested their identities remain anonymous.

 Bail/OR hearing is on January 13. Intervention January 24. Preliminary January 25.

No other media was present in court.

Previous post:

http://johnchiv.blogspot.com/2017/01/kudos-to-sweet-spot-and-bravo-young.html?m=1