May 31, 2017

Sleeping in a stolen Subaru in February; arrested in May for allegedly stealing a Toyota

EPD Press Release:

On May 30, 2017, at about 5:07 p.m., the Eureka Police Department received information that a stolen Toyota 4Runner was parked in the Walmart parking lot on the 3300 block of Broadway.  Officers responded and located the vehicle parked and occupied by two male passengers.  

Apellate Court rejects Michael Youravish's claim that "his sentence of life in prison without the possibility of parole violates the Eighth Amendment."

Apellate court rules Michael "Youravish’s sentence is not disproportionate and does not violate the Eighth Amendment."

Defense hopes pysch evaluation will lead to a resolution in case of Arcata woman charged with death of her baby

Ewa Misztal, is the Polish citizen, charged with the death of her baby. She had a trial setting scheduled this morning at 10:15 in Courtroom 5. It was continued to June 21 at 8:30 in Courtroom 2 at the request of the defense.

"We were unable to reach a final resolution"; Leigl refuses people's plea offer; trial scheduled for June 5

A hearing was set for 8:30 a.m today in Courtroom 2 to see if Nicholas Leigl would accept the plea deal offered by the People.

On May 24, Leigl's bail was set at $100,000; prior to this he was being held in custody; and had a no bail status. Leigl is one of four suspects charged in the homicide of Jesus Garcia.

May 30, 2017

Help APD locate this truck seen leaving the scene from the Alliance Road gas station

On 5-30-17 at about 5:58 pm, the Arcata Police Department responded to a reported robbery at the 76 Gas Station located at 2205 Alliance Rd in Arcata.

Officers contacted the employee, who said a male subject entered the business, displayed what appeared to be a handgun wrapped in a bandana and demanded money.  The suspect left the business with an undisclosed amount of cash and fled to the rear of the business. 

The investigation for David Josiah Lawson's case remains open and active

On May 5, the preliminary hearing concluded for the David Josiah Lawson homicide case.

Charges against the man charged in that preliminary hearing, Kyle Zoellner were dismissed due to lack of evidence.

I contacted APD today to check the status of the investigation.

APD Chief Tom Chapman responded to me:

"Hi John, the investigation remains open and active."

995 motion to be filed in McCullens motel shooting case, trial setting continued to August 2

Trial setting for McCullens motel shooting suspect, Maxx Robison was scheduled for this morning in Courtroom 3.

Deputy Public Defender Ms. Jennifer Dixon is representing Robison. Ms. Dixon requested a trial setting in two months since she needs time to file a 995 motion and to determine expert witness availabilty.

Deputy District Attorney Carolyn Schaffer is prosecuting the case.

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May 28, 2017

" I think LOCO comment section sheds a lot of light into why Josiah was killed by one of YALL LOCALS. You guys are intolerant, racist and ignorant ..."

Tina Sampay does have a selective memory. She was not there the entire time from 9. a. to 5 p.m. every day. There is at least one day she arrived later. As previously reported, even when she was there, she walked in and out, clicked her pen more than taking notes.

If it is an opinion or coverage Tina Sampay likes, it is real; if it is not, she screams racism and judges people she does not know.

“The Service International Employee Union – their chief, their CEO makes north of $600,000 a year with [perks] and benefits and you compare that to the $15 per hour [they want],” he said.

Supporters of a $15 minimum wage are about to get a heaping helping of reality.
Self-service kiosks will be made available to the more than 6,000 Wendy’s franchises in the United States, the company announced on Thursday. 

"I aint fit to live"; suspect tells reporter his intention was suicide by cop

This reporter talked to the suspect.

"I aint fit to live," the suspect said. In the video, he talks about suicide by cop; that his pain was not directed at the law enforcement; "he was just there."

This is a video which describes what led up to the shooting. Not selective clips by amateurs that just fuel emotions.

May 27, 2017

Here is how well pre trial release worked for Shelter cove suspect Aaron Arlotta; warrants, failures to appear and being charged with different crimes


AB 42 is coming up for a vote. If this is the behavior of defendants who are released, now; think pre trial release and no bail will help? This is just the most recent example of the frequently booked and released in Humboldt.

Aaron  Arlotta's bail history and arrests from 2016-2017 provided to me:

"In 2016, he was charged with 243(e)(1) domestic  battery, a misdemeanor and  could not make bail. He was released on OR under supervised release. In 2016,  was charged with PC 240 Assault amd PC 242 Battery. He failed to appear and warrant was issued. 

Should the Humboldt Board of Supervisors continue trusting County Counsel that lose big time, costing taxpayers?

(Humboldt County Counsel Jeffrey Blanck)

Humboldt County lost to Allison Jackson in the Magney vs Adult Protective Services lawsuit, last October. The publication of the decision got national media attention. Link listed below will get you caught up.

While vetting our current County Counsel, did this 2005 case of why Mr. Blanck was let go from previous employment, slip the radar?

(Jeffrey Blanck)

Instead of citing excerpts, I think the link below with the entire order allows you the reader to see the effectiveness and legal knowledge of our current County Counsel, Mr. Jeffrey Blanck.

Blanck v. Hager, 360 F. Supp. 2d 1137 (D. Nev. 2005)

District Court, D. Nevada

Raped both by a minister and a parishioner, 10 year old forced to marry her rapist and suffer more violence in marriage, this in the U.S.

(from Patheos-another case, not this one)
People want to know why church attendance is dropping, this is one reason why. Even in churches, some people cannot leave. There are places where trying to convert or leave the religion you are raised in can result in death.

May 26, 2017

"It seems the party that lost is now criticizing opposing counsel for being thorough in defending fundamental rights." After national humiliation, Humboldt County decides to prolong widow Magney's pain

This morning, Judge Dale Reinholtsen heard oral arguments from Ms. Allison Jackson, representing Mrs. Judith Magney, and Humboldt County Counsel Jeffrey Blanck, appearing on behalf of the County.

Judge Reinholtsen has taken the matter under review and has 90 days to issue a ruling.

The issue: the amount of attorney fees Ms. Jackson is asking for which is $194,000 versus what the County is willing pony up which according to the County is $41,000.

Defense files motion to continue in Bryan Ross Main case; charged with failure to register as a sex offender and unlawfully touching a minor at the Sweet Spot

The jury trial for Bryan Ross Main is scheduled to start May 30. This morning the case is scheduled on the trial assignment calendar, the defense requested a motion to continue.

That request was granted. Trial setting is scheduled for June 28.

Main was arrested for an alleged incident at the Sweet Spot in Mckinleyville involving a female minor. Main allegedly told law enforcement that he had touched the young woman on the "butt" and felt a "rush" while doing so.

New plaintiff expected to take over the case Leo Sears had filed against Greg Dale and other Humboldt Bay Harbor Commissioners

I have not been following this case since October. Picture above lists dates and developments. It was on calendar this morning for another case management conference.

I spoke with Mr. Bill Bertain, attorney for Leo Sears, who had filed the suit. With  Sears passing away, a new plaintiff is expected to take over the case. Due to his health, Sears had prepared paperwork to enable someone else to take over the case.

May 25, 2017

Texas Congressman calls for removal of Del Norte Judge Follett while CA lawmakers stay silent

Of course, none of our California lawmakers, especially Democrats like Governor Jerry Brown, Senator Kamala Harris, Congressman Huffman, Senator Mike McGuire or Assemblyman Jim Wood spoke on this issue.

"I had to go to jail, she had money, she didn't"; " "And she is suing the County for a road and going to Cancun three times?"

Karen Palsson spoke with North Coast News and me about Marci Kitchen. She approached us in front of the Courthouse.

"I had to go to jail, she had money, I didn't" Ms. Palsson told me.

I did look up Ms. Palsson's most recent case. She spent one day in jail, after her initial arrest for her 2016 case .

The picture below is what she got sentenced to:

"Lot of us have done things. I am in drug court because of a DUI. They are forcing me to do this, I don't even do drugs. I tried to kill myself because of a home invasion."

"And she is suing the County for a road and going to Cancun three times?"

Eric Lively held to answer on murder charge for death of Jesse Simpson

Eric Lively held to answer this morning on the charge of murder; for the death of Jesse Simpson.

Arraignment on information on June 8 at 8:30 a.m.

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Setting date for Marci Kitchen jury trial to be scheduled on June 13

Marci Kitchen was arraigned on information this morning for her jury trial.

Kitchen entered a not guilty plea to all charges and denied all special allegations. She was present with her attorneys, Mr. Patrik Griego and Mr. Benjamin Okin.

Deputy District Attorney Stacey Eads present for the People.

Setting date on June 13 at 8:30 to set dates depending on availability of experts.

May 24, 2017

House in Arcata up for sale for $839, 000 no owner listed; EPD uniforms in one of the photos

There are several realty listings for this one house. It is an active listing, house for sale for $839,000.

I found the photo above in at least in two of these links. It is a closet with Eureka Police Department uniforms.

Jason Curtis gets 8 years in prison for pleading to injury inflicted on Stuft Potato owner

Today 38-year-old Jason Curtis of Eureka was sentenced to 8 years in prison for his assault on the 76-year-old owner of the “STUF’T POTATO” restaurant in Eureka.  

Inmate dead in accident on Ishi Pishi Road; coroner on way; road closed

Humboldt County Public Works:

The man involved in the accident is an inmate who works on a fire fighting crew. He was struck by a branch and has died.  Our Road Crew is closing the road and the Coroner is headed to the scene. Risk Management has been informed.

"Arcata parking enforcement illegally parking!"

A reader took this photo on May 13. Sent it to me today with this caption:

"Arcata parking enforcement illegally parking!"

Talk of riot at Pelican Bay prison today, on social media as well as informal channels

According to at least three sources,  today a riot at Pelican Bay. Prisons are on alert.

I will post an updated statement from CDCR when they will release the latest info later today.

This press release was up on the CDCR blog:

― Pelican Bay State Prison (PBSP) officials are investigating an incident that sent eight officers to the hospital with injuries.

New menu will be up at Surfside Burger Shack tomorrow; homemade fries , local grass fed beef and a twist on the garden burger

Go check out the new menu at Surfside Burger Shack tomorrow.

They now have local grass fed beef purchased from Eel River. Homemade fries and beer battered onion rings. A garden burger with a potato cheese patty.

A 2015 case for battery dismissed against Kimberly Whitlock; two no contest pleas in 2013 for assault and other charges

Kimberly Ann Whitlock had a 2015 case in which she was charged with a misdemeanor; battery on non cohabitating partner, a John Doe that was dismissed before jury trial.

She had two 2013 cases, general category, felony : assault. In both cases, she entered a no contest plea before the preliminary hearing.

Nicholas Leigl trial confirmation continued at request of defense

Trial confirmation was scheduled this morning for Nicholas Leigl. Jury trial is scheduled for June 5. Continued to 5/31 at request of defendant. Leigl is one of four suspects in the Jesus Garcia homicide case.

The People made an offer and Leigl's attorney, Mr. Michael Acosta will discuss that with Leigl.

Kimberly Ann Whitlock arrested for stabbing incident on Herrick Avenue

Update: As of May 25 at noon, no report had been filed with the DA's office. Whitlock must be arraigned by May 26 or she will be released from custody.

Press Release:
On Tuesday, May 23, 2017 at about 1600 hours, The Humboldt County Sheriff’s Office responded to the 500 block of Herrick Ave in Eureka for a report of a disturbance. It was reported a male subject had been stabbed. 

Six year old's inspirational video does more to deter a potential life of crime than harsher methods

This six year old is inspirational. Raised well and by a strong woman.

May 23, 2017

Chapala gets taken over by media today at lunchtime; ok just me, Paul, Hank and J Warren Hockaday

(image from The Odyssey online)
Who would have thought Hank Sims and I would run into each other twice in less than a week. Usually, we do not frequent the same places, unless we are getting coffee at Old Town Coffee or Hank is covering some news event.

Mexican mafia, Sureno gang and 18th Street gang connections claimed by detectives regarding suspects in Jesus Garcia homicide

(from Pinterest)

Detectives say Olivo Jr. is a Mexican Mafia gang member who was arrested February 3 at Pelican Bay Prison, Olivo III is a Sureno gang member who was arrested February 2 by the San Luis Obispo Probation Department and Gang Task Force, Nunez is a Sureno gang member from Watsonville who was arrested at San Quentin State Prison, and Leigl has history with the 18th Street Gang in Eureka and was arrested February 3 at his job in Eureka.

Laurie Potts arrested on charges of violation of probation and possession of heroin for sale

On 05-23-17 at around 10:00 A.M. Special Agents with the Humboldt County Drug Task Force, with assistance from the Humboldt County Sheriff's Office served a search warrant at a residence in the 2600 block of Boone Street in the city of Fortuna.

Heidmann and Wright headed to prison; we will never know if the crazy white boy allegation is true

Benjamin Heidmann and Konnor Wright headed to prison. Heidmann got 13 years; Wright 7 years.


Preliminary for Eric Lively, charged with the death of Jesse Simpson started this morning

The preliminary hearing for Eric Lively, the suspect charged with the death of Jesse Simpson started this morning.

Lively is charged with one count; murder.

Both father and son, Olivio Jr and Olivio III rack up other charges while in jail

(Olivio III)
Joe Olivio III, one of the four suspects in the Jesus Garcia, and the youngest, has his 2016 case along scheduled along with a 2017 case this morning at 8:30 a.m. in Courtroom 2.

May 22, 2017

Seattle beats California in coddling suspects and inmates; at least for now

"I wish this was a joke, but it’s not. In Seattle, police can no longer use the term “suspect” for use of force reports. Instead, they have to write “community member.” 

Forget that Public Defender gig ; Judge Elvine-Kreis starts June 2

Deputy Conflict Counsel Greg Elvine-Kreis, who had applied for Humboldt County Public Defender, did not get that position. He has moved on to greener pastures.

He will be a Humboldt County Superior Court Judge, effective June 2.

Patrik Griego v Humboldt County on David Marcus hiring square off

(Patrik Griego)
County counsel has filed a demurrer to the first amended petition for writ of mandate, which will be heard on June 30th at 8:30 am. This is in response to the lawsuit filed by Mr. Patrik Griego about the hiring of Humboldt County Public Defender, Mr. David Marcus.

"To put it in perspective, we had staff on the scene within 15 seconds of the incident." Suprintendent Van Vleck tells what Zane did so far in response to Friday incident

"I have seen the video and candidly, I am appalled by this type of behavior.  This is not behavior Eureka City Schools or Zane Middle School will tolerate. 

We were immediately aware of the situation on Friday afternoon.  If you listen to the audio on the video, you can hear our Campus Supervisor giving stern directives to the students as he rushed to the incident to break it up.  Our Assistant Principal was there seconds later.  To put it in perspective, we had staff on the scene within 15 seconds of the incident.

May 21, 2017

This is not the first time I have had to reach out to Suprintendent Van Vleck and EPD about a Eureka school issue

This is not the first time I had to contact Suprintendent Van Vleck or EPD about a Eureka School issue.

"Violence and the glorification of it is never acceptable in our schools. "

About half an hour ago, Matt Dimmick informed me an EPD officer had stopped by to get a copy of the video.

I had emailed Suprintendent Fred Van Vleck and EPD Chief Andy Mills. A parent had also tagged Chief Mills on Facebook.

So while asking for more "inclusive language", it is okay to diss people from Mckinleyville?

Centro del Pueblo's Daniela Vargas told Arcata City Council that she feels uneasy when people from Mckinleyville come to Arcata. (Hear her exact words in the video linked below)

According to a Times article in April, "Centro del Pueblo leader and immigrant right's activist Renee Saucedo" spoke at an Arcata City Council meeting asking for Arcata to create an ordinance about being a sanctuary city, not a resolution. 

Fight near Opera Alley, suspect in custody; victim being taken to hospital

Suspect in custody for assault. Victim is being taken to hospital. Fight between two males near Opera Alley.

Concerned citizen wants to know why EPD hasn't called him back; claims Zane is doing nothing either

"This is at Zane .  My niece (ME) or
(MH) is the girl yanked to the ground on her head and neck. The thing that yanked her to the ground is named (HA) .  The school so far is doing nothing about it and it really infuriates me.  EPD has yet to see this video as they have not returned any calls yet!!!   If your child goes to Zane Middle School this might open your eyes a bit.  This girl needs to be punished!!!!"

A Prius driver from Arcata with no sense of humor complaining about this Caltrans sign

Blue Lake standoff over, road open, public not in any danger

Just spoke briefly with the HCSO Patrol Sgt. The standoff in Blue Lake is over. The road is open. Public not in any danger.

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Huge loss for Humboldt County DA's office; Deputy District Attorney Brie Bennett left; now a Deputy Public Defender

Deputy District Attorney Brie Bennett, who was very successful in prosecuting many cases at the Humboldt County District office, including the Kailan Meserve case has left the DA's office and will start as a Deputy Public Defender,this Monday.

While I always wish Ms. Bennett the best, this is a huge loss for the DA's office.

May 20, 2017

HCSO still in standoff with subject on the 2400 block of Glendale Drive

According to North Coast News, "Major police presence on the 2400 block of Glendale Drive, near Blue Lake. Neighbors tell us deputies have been dealing with some sort of standoff for at least five hours."

Fire department hosed off blood on 3rd street and the alleged stabbing did not happen at the rear of Lost Coast Brewery

Could not reach anyone at EPD yet but found out more about the incident at 3rd and I last night from people who witnessed some of what happened.