John Chiv: April 2017

Apr 30, 2017

Man in the water, into the bay, following pursuit by law enforcement

Male going into the water, into the bay, Code 33, several units responding
just cancelled code 33.

Apr 29, 2017

Probationers who violate supervision three times would be jailed if AB 1408 passes

AB 1408 introduced by Assemblyman Ian Calderon has gone through three amendments, most recent one in April.
The death of Whittier Police Officer Keith Boyer in February is what led to Assemblyman Calderon's introduction of this bill.

On Saturday morning 4-29-2017 at around 01:28 AM, the Humboldt County Sheriff’s Office Dispatch Center received a report of a male beating another male with a hammer at 725 Cedar Street in Garberville. The reporting party told dispatch the suspect was Robert Stepp Jr.

Call EPD if you see Cody Pitzer last seen near Myrtle Avenue Market

Creeper aka Anthony Burgess in custody after citizen tip

"EPD Captain Steve Watson just re tweeted EPD tweet:

Burgess was taken into custody on 04/23/17 on the 3300 block of Broadway after a citizen tip!"

Burgess was booked into Humboldt County Jail on April 23 at 10:14 p.m.

Apr 21, 2017

EPD looking for Creeper aka Anthony Burgess near 12th and I

Last time the gang association charge was read in court, Anthony Burgess responded with "Oh Fuck"

According to a KIEM article on their site, the Humboldt County Board of Supervisors approved $80,000 in grant funding for special trainings for Probation officers.

How much are the other counties that will be benefitting chipping in?

North Coast News first on the actual scene, 4th and D, Eureka. Two lanes of traffic blocked.

In the video, the woman riding the motorcycle got up, sat on the curb, after ambulance medics checked her out on the street.

Kyle Zoellner, who is charged with the death of HSU student David Josiah Lawson, has his preliminary scheduled for Monday.

I asked District Attorney Maggie Fleming who would be prosecuting this case. She,was present for the arraignment.

Ms. Fleming told me that Deputy District Attorney Roger Rees has been assigned the case and he will be representing the People on Monday, along with Deputy DA Jessica Watson.

His case is scheduled at 9:45 in Courtroom 3, with six other cases. The preliminary calendar will be called in that courtroom.

Zoellner was assigned a Public Defender at arraignment.

Lollipop bandit waived his right to a preliminary in March; now another date set?

David Aumiller, the "Lollipop bandit" had a trial setting in Courtroom 1 at 8:30 a.m.

Future dates include intervention scheduled for May 7
5 and May 8 listed as a pre prelim; yesterday was listed as intervention; with a preliminary set for May 9.

Aumiller, is represented by Ms. Kathleen Bryson, waived his right to a preliminary hearing in March.

Previous post:

http://johnchiv.blogspot.com/2017/03/lollipop-bandit-waived-his-right-to.html?m=1

Why do defense continuances for David Viveiros, in custody, a 2015 case, with charges of sodomy, oral copulation and aggravated assault of a minor keep being granted despite DA's objections?

David Viveiros, had a court hearing scheduled yesterday at 8:30 a.m. in Courtroom 5. Once again, the defense requested a continuance for the jury trial. The DA opposed that request.

Viveiros is charged with sex/sodomy, oral copulation/penetration and aggravated assault of a minor.

No decision was made on this last continuance, yet. The hearing for the motion was continued to May 7
10.

U.S. Judge Jeffrey White granted in part and denied in part a motion to dismiss first amended complaint filed by 11 Palco Marsh "homeless"

On April 25, U.S. Judge Jeffrey White of the Northern District of California granted in part and denied in part the motion to dismiss requested by the City of Eureka and Eureka Police Department in response to the first amendment complaint that was filed by 11 Palco Marsh "homeless" plaintiffs seeking injunctive and declaratory relief.

The ruling is 18 pages.

In the afternoon session, Rachel Goldberg's friend, Frieda Smith testified about a phone call that Rachel Goldberg received from
Jon Goldberg on September 26, 2016.

According to Smith, the caller ID showed the phone number of Jon Goldberg's friend "Chad". When Rachel Goldberg answered, "I could hear Jon yelling," Smith testified. "He was very upset. I heard him say, I know you are with Frieda. What did you do kidnap my son?"

Arraignment is May 11 at 8:30 a.m. in Courtroom 5.

Jon Goldberg held to answer on Counts 1 and 3. He was not held to answer on Count 2 because of the the alleged incident did not take place in " public.

Frieda Smith got to know Rachel Goldberg at the Bridgeville school where they both had children attending and Rachel Goldberg volunteered.

Smith testified this morning about a call she received on September 26, 2016. She very clearly remembered it being a Monday.

Rachel Goldberg refuses to testify; found in contempt; stays in courtroom after being released from subpoena

First, Mr. Greg Elvine Kreis appointed for Rachel Goldberg said she will not testify.

After she was asked to take the stand, her response was "I refuse to testify" to all of Deputy District Attorney Luke Bernthal's questions.

Even after Judge John Feeney informed her he would find her in contempt, she remained adamant.

An intervention hearing was scheduled this morning for Kyle Zoellner at 9:45 a.m. in Courtroom 5.

Zoellner is charged with the murder of HSU student David J. Lawson. That count has a special allegation that he used a knife in the commission of the alleged crime.

Zoellner was not being brought down for intervention. Preliminary hearing is set for Monday.

Zoellner's parents were in the hallway.

Jon Goldberg smiles at Rachel Goldberg, she smiles back

The defense motion to close the courtroom for the preliminary hearing and the oft rescheduled preliminary hearing for Jon Goldberg's 2017 case was scheduled for 9:45 a.m. this morning.

Deputy District Attorney Trent Timm is prosecuting the case, along with DDA Luke Bernthal.

Rachel Goldberg is first witness scheduled to testify. She is meeting with her court appointed lawyer, Conflict Counsel's Mr. Greg Elvine-Kreis.

Jon Goldberg smiled at her when he came into the courtroom and she smiled back, a small nervous smile but no animosity.

All attorneys just went in after break to talk privately with Judge John Feeney.

Will Jessica Riley face charges of child endangerment again?

Apparently, Jessica Riley did not learn her lesson from 2012.

Tonight, she was in Fortuna and allegedly left her three kids, all under four years old alone in car while stealing.

She was booked at 6:13 p.m. for PC 459.5

Intervention set for Benjamin Heidmann and Konnor Wright before jury trial for which includes an attempted murder charge

Benjamin Heidmann and Konnor Wright cases were scheduled in Courtroom 5 yesterday for trial confirmation.

Jury trial is still set for May 8. An intervention date has been set for May 4. Checked with court clerk's office to make sure that wasn't a typo.

Feb 10, 2017

Jury trial for Konnor Wright and Benjamin Heidmann continued again, will we ever know if Crazy White Boys allegations are true?

Heidmann

Wright

John Ford Insurance Agency being sued in small claims court by Matthew Engel

Today at 1:30 pm in Courtroom Eight, the John Ford Insurance Agency being sued by Matthew Engel for a claim of $2,000, plus $50 amount (computer lists receipt not found).

The civil clerk could not provide any more details on what the small claims case was about nor is there any detailed information on the court computer.

Judge Marilyn Miles heard from both attorneys. The People made a motion to continue to file a written opposition, new date is May 15 at 8:30 a.m.
Motion of discovery wasn't received by Court. Deputy District Attorney Luke Bernthal gave some discovery in court. Will be refiled if neccesary.
Deputy District Attorney Luke Bernthal is prosecuting the case. Mr. Michael Acosta is representing Leigl.
Apr 14, 2017

Nicholas Leigl jury trial continued to June 5, 995 motion on April 26

101 closed again; City Ambulances stuck on both sides with a patient in one

(Photo -CalTrans)

101 at Horseshoe Slide just had another major slide. It is closed, according to Fifth District Supervisor Ryan Sundberg.

CalTrans posting did not specify exact location, just said same place that reopened after the last side.

Just spoke with City Ambulance Chief Operating Officer Jaison Chand.

City Ambulance has ambulances stuck on both sides needing to get to the other side. One ambulance with a patient on a board.

Mr. Chand said, "We will be backtracking to go the long way."

County of Humboldt is advising people not to use local roads; instead use Hwys 299, 36 or 20 as detours.

CA Rifle and Pistol Association files lawsuit to overturn gun laws passed last year by Brown

Excerpt:

The California Rifle and Pistol Association on Monday filed a lawsuit aimed at overturning a sweeping set of bills signed into law last year by California Gov. Jerry Brown. The group has planned to challenge different aspects of the California law,...Monday’s lawsuit deals with the state's ban on almost every style of the so-called assault rifle, including the nation's most popular: the AR-15."

http://www.foxnews.com/us/2017/04/25/nra-affiliate-sues-california-over-gun-control-laws-that-demonize-firearm-owners.html

Jeremy Meeks, the felon turned model after his mugshot went viral denied entry into the UK

Jeremy Meeks, the felon whose mugshot posted by the Stockton police resulted in women swooning over him and a modeling career, got turned down from entering the U.K.

https://www.yahoo.com/amphtml/style/hot-mugshot-guy-deported-uk-190702288.html

Samantha and Francisco James found guilty of burglary of 12th street residence in Fortuna

On April 25, 2017 a jury found both Samantha and Francisco James guilty of felony first-degree burglary of a residence and felony second-degree burglary of a storage shed. The jury also found true the special allegation that a resident was inside the home during the commission of the burglary.

Kade Chandler not remanded into custody

The District Attorney's office filed a motion requesting that Kade Chandler be remanded into custody.

Judge Feeney heard from both attorneys and Chandler was not remanded into custody.

The case is being prosecuted by Deputy District Attorney Roger Rees. Chandler is represented by Mr. Benjamin Okin and Mr. Manny Daskal.

Treat overdoses as crime scenes and target drug dealers? Do California lawmakers have the guts?

Should do this in California. Follow the money and target the cause. California lawmakers, especially Democrats don't want to tackle real issues.

https://www.google.com/amp/www.foxnews.com/us/2017/04/24/nh-treats-overdoses-as-crime-scenes-targets-drug-dealers.amp.html

Scott Dean convicted of criminal threats, assault and battery

Jury Convicts Scott Dean of Criminal Threats, Assault, and Battery

Posted On: April 24, 2017

Office of the District Attorney - Maggie Fleming, District Attorney

NEWS RELEASE

April 24, 2017

District Attorney Maggie Fleming announced that after a five-day jury trial before Judge Dale Reinholtsen, jurors today convicted Scott Cooper Dean, 52, originally from Boston, of making criminal threats, assault, and battery. The criminal threats charge was a felony.

Excerpt:

Dallas police said a man has fatally shot his boss and killed himself inside an office building Monday.

https://www.google.com/amp/www.foxnews.com/us/2017/04/24/two-people-reportedly-shot-at-dallas-office-building.amp.html

CalTrans Rio Dell shooting believed to be a result of work related issue

On April 24, 2017 at approx. 0702 hours, Humboldt CHP was notified of a shooting incident with one subject deceased on scene at the Cal-Trans Maintenance Facility in Rio Dell, CA. CHP and Rio Dell PD responded to the scene and found one party deceased and another person in critical condition with a gun shot injury. The injured person was transported to Redwood Memorial Hospital, but later died at the hospital.

On 04-18-17 at around 6:00 P.M. Special Agents with the Drug Task Force, assisted by Officers from Eureka Police Department and Deputies from the Sheriff’s Office served a Humboldt County Superior Court search warrant at two residences located in the 1800 block of Allard Avenue in Eureka.

State of California to reimburse $1 million to business in lawsuit where evidence was destroyed and erased

The defendant in the case is the company, "formerly known as Greka Oil & Gas Inc., and now known as HVI Cat Canyon Inc. (HVI-CC)"

Excerpt 1:

Reviewing Zarefsky’s recommendations, U.S. District Court Judge Fernando M. Olguin also reportedly reprimanded the state, and he ruled that the state would not be able to call on four tainted witnesses. “[T]he court cannot downplay, as the state seems to do, the inaccurate statements its counsel made to HVI-CC’s counsel regarding the issuance of a litigation hold,” he said, according to the News-Press. He also ordered the state to reimburse nearly $1 million to the defendant’s lawyers for depositions involving 16 witnesses.

White female with dyed hair allegedly assaults security at Bayshore Mall, EPD responding

EPD responding to a call at the Bayshore Mall report from Kohl's. A white female in her late 30's or early 40s, slim build, with dyed red hair, grey jacjet, blue jeans allegedly assaulted Kohl's security who were attempting to detain her for alleged shoplifting. Mall security responded until EPD could get there.

Jennifer Wall was arrested and booked for PC 459.5.

Jennifer Wall is no stranger to law enforcement or Humboldt Superior Court.

http://johnchiv.blogspot.com/2015/10/pizza-robbery-machete-waving-suspects.html?m=1

Jason Arreaga, acquitted for double homicide in Humboldt, in Lake County jail on alleged attempted murder charge with Shavonne Hammers's boyfriend's son, both at the same jail

(Arreaga)

Jason Arreaga, who was acquitted in February 2016 of double homicide charges in Humboldt County for the murders of Harley Hammers and Angel Tully ended up back in custody in July 2016 in Lake County.

Harley Hammers' mother who contacted me yesterday told me Arreaga is in custody at the Lake County jail with Andrew Azbill, Shavonne Hammer's boyfriend's son. Arreaga was arrested last year for attempted murder and other charges.

If you followed the Arreaga jury trial, you will remember Shavonne Hammers, Harley Hammers ex, who was the reason for Arreaga being in Humboldt County at the time, Harley Hamners and Tully were killed.

On Saturday morning 4-22-2017 at around 01:40 AM, the Humboldt County Sheriff’s Office Dispatch Center received a report of a robbery that had just occurred at the McKinleyville Freeway 76 station, located at 1021 Murry Road.

EPD looking for Creeper aka Anthony Burgess near 12th and I

Last time the gang association charge was read in court, Anthony Burgess responded with "Oh Fuck"

As of 4:10 p.m. he has not been apprehended, according to EPD Crime Analyst Brittany Powell.

Eureka Police Department vehicles in the area of 1200 - 1300 and I streets looking for a Latino male with dark clothing and a tatoo on his face who fled from an officer.

Suspect identified as Anthony Burgess.

Jon Goldberg's preliminary hearing for his 2017 with a special set this morning was continued yet, again.

This is the fifth time. Deputy District Attorney Luke Bernthal presented affadavits to Judge Reinholtsen this morning indicating the difficulty in locating the alleged victim, Rachel Goldberg, who has moved out of the county.

https://bluelivesmatter.blue/fresno-pd-chief-jerry-dyer-justice-system/

Link to video above.

I agree with Chief Dyer. It is time our state legislators, specifically Democrats, start working for the People on economics, public safety, crumbling roads instead of putting their hand out begging for federal money and wasting time on photo ops on non issues while California working citizens deal with constant tax raises and crime.

Apr 20, 2017

Marci Kitchen's preliminary confirmed for May 8; five full days

An intervention hearing was scheduled this morning for Marci Kitchen.

Count 1 Vehicular manslaughter without gross negligence; Jane Doe # 1 and Jane Doe #2 with special allegation that she fled the scene and a second special allegation that she caused great bodily injury to Jane Doe #2.

Count 2 Driving Under the Influence of an alcoholic beverage causing injury with special allegation of great bodily injury to Jane Doe #1. It is alleged in the complaint filed that the brain injury caused Jane Doe #1 to become comatose and suffer paralysis. Second special allegation that is alleged is that Kitchen caused great bodily injury or death to Jane Doe #2

EPD detains naked male roaming around the area of H and Trinity

If EPD was not busy enough, Operation Safe Streets has this:

"Alert Naked Male roaming in the area H st and Trinity. Usually means they are high. Really high.

EPD has Richard Shears detained. Imagine that.

He's only on probation x 6. EPD has him in custody 1932 hrs."

Car stereo and laptop theft reported; suspect reported headed south on Fifth street in Eureka

Car stereo and laptop theft reported around 7:30. White male, in his 30s, 5 9, blonde facial hair, blue baseball cap, black hooded shirt, jeans, heading south on Fifth street in Eureka. Has two backpacks.

DA complaint charges Kyle Zoellner with murder and special allegation of using a knife

Private attorney Mr. Greg Rael had been talking with the suspect's family but the Public Defender got appointed to the case today.

There was a brief interaction outside the courtroom between a lady in a grey suit, and one of the family/supporters there for the alleged victim, David "DJ" Lawson.

Kyle Zoellner, arrested this weekend, in connection with the off campus stabbing incident, of David "DJ" Lawson needs to be arraigned by today or he will be released today.

Just checked with court administration and if something is filed, it will be a late arraignment.

Charges have not been filed as of 2:20 p.m.
3:15 Arraignment is scheduled at 4 p.m.

Apr 18, 2017

"Kyle kicked a female for a reason that he didn't know, and the victim along with 3 or 4 of his friends responded by jumping him to the point they were kicking him in the face, so Kyle took out a knife and started swinging in an attempt to stop them."

On Sunday, someone contacted me and said a friend's child was at the HSU party and said the fight was because of a cell phone.

I checked with Sgt. Brian Hoffman, who did not want to comment on an ongoing investigation. So, I did not print it, hoping APD would finish interviewing witnesses.

On April 15th, at 3:02am officers from the Arcata Police Department responded to the 1100 block of Spear Avenue on the report of a stabbing. At 3:03am the first officer arrived on-scene.

19-year-old David Josiah Lawson, a student at Humboldt State University, was later pronounced dead at the Mad River Hospital as a result of the stab wounds.

23-year-old Kyle Christopher Zoellner, of Mckinleyville, was arrested at the scene for homicide. Zoellner was booked at the Humboldt County Correctional Facility for PC 187 - Homicide.

Eureka Police responded to the 2300 block of Garland to check a report of a single shot fired into a residence. Reporting party found the casing in the roadway. When officers arrived, they found and are investigating a round fired into the house.

No injuries reported, yet, according to EPD Crime Analyst Brittany Powell.

Alcohol and drugs not a factor in the two vehicle collision yesterday on 299

On April 17, 2017 at approximately 1830 hours, 55 year old Kevin Loren Orcutt of Hoopa was driving a 2013 Chrysler Town and Country minivan on SR-299 eastbound, east of Blue Lake Blvd. 26 year old Yesenia Mireya Wood of Oroville was driving a 2009 Toyota Sienna on SR-299 westbound, east of Blue Lake Blvd.

Chief Andrew Mills:

@Eureka_Police stolen gun w 5 loaded mags seized out of the home of domestic abuser. #stopdomesticviolence #lockupyourguns @DviolenceVictim https://t.co/T2ui0ZaoUf

Humboldt DA has police report on Arcata off campus stabbing; no charges against Kyle Zoellner yet

Arcata Police Department has handed over their report on the Humboldt County DA; no charges have been filed yet.

Kyle Zoellner is still in custody as of 11 a.m.

If Zoellner is not arraigned by tomorrow, he will be released from custody.

In 2013, Zoellner entered a no contest plea to Count 1 possession of a controlled substance; meth. Count 2 posession of marijuana was dismissed. He was fined $620 in fees; three years probation.

KIEM and KAEF reporting on two car crash, Hwy 299, mile marker 9, 8 transported to hospital

(Photos KIEM)

"Here is a cool story. I am currently in Atlanta at an Opioid/Heroin Summit. This is my third time at this conference. Two years ago, I was approached by a homeless veteran, asking for cash. Instead of cash, I invited him to lunch and we discussed his options in life. He did not smell good and his clothes were not clean.

Kyle Zoellner bail set at one million dollars; still in custody

Kyle Christopher Zoellner, arrested Saturday on charges of murder must be arraigned by April 19 or he will be released from custody.

As of 11:30 a.m. today, he is still in custody and his bail is one million dollars.

HSU asking students who may have information about the death of DJ Lawson to contact APD asap

Any students who may have witnessed or have information about the stabbing death of David Josiah Lawson are asked to speak with Arcata Police as soon as possible.

You can give a statement on campus and campus offices can facilitate meetings with officers. With criminal investigations time is a critical element, so officers are asking students to provide information as soon as possible.

If you are a victim or witness in this investigation or proceedings, you will not be subject to disciplinary sanctions by the University for related violations of conduct policies occurring at or near the time of the incident, unless the behavior involved harming the victim.

Coffee with the Captains at Coast Central Credit Union downtown safest time to shop at Courthouse Market

1:30 p.m. April 27

Safest time to shop at Courthouse Market, walk the alleys on Third Street or the 4th street entrance of Courthouse.

Pages

Apr 30, 2017

Apr 29, 2017

Apr 28, 2017

Apr 21, 2017

EPD looking for Creeper aka Anthony Burgess near 12th and I

Apr 27, 2017

Apr 26, 2017

Feb 10, 2017

Jury trial for Konnor Wright and Benjamin Heidmann continued again, will we ever know if Crazy White Boys allegations are true?

Nicholas Leigl jury trial continued to June 5, 995 motion on April 26

Apr 25, 2017

Apr 24, 2017

Jury Convicts Scott Dean of Criminal Threats, Assault, and Battery

Apr 23, 2017

Apr 22, 2017

Apr 21, 2017

Apr 20, 2017

Apr 19, 2017

Apr 18, 2017

Apr 17, 2017