Jul 13, 2018

A concerned Ridgewood resident was told "Mind your own fucking business"


Humboldt County Chief Investigator Wayne Cox was the third and last witness for the People to testify at Kody Marcelli's preliminary hearing for alleged assault.



Chief Cox testified about a statement given to him from Joseph Soriano who witnessed the altercation between Marcelli and Gary Harner from his window on Ridgewood Avenue. The incident took place outside Soriano's residence. Soriano could see and hear the individuals involved in the altercation.

He described "a younger man and an older man having words with each other, standing toe to toe. Both yelling."

"He told me the younger man said, get back. It was my understanding that this (get back) was repeated"

Soriano said, "The older man did not get back and kept talking. All of a sudden, BAM, the younger man struck the older man."

 Soriano told Chief Cox that "other than yelling and not getting back, the older man did not do anything to escalate/ assault the younger man." Soriano described that the younger man struck the older man one time with his right fist, knocked him to the ground, he swung again with his right fist and just clipped the older man. Then he swung at the older man with his left fist and missed. While the older man was on the ground, "the younger man raised his leg as if to kick him." Soriano did not see if Marcelli kicked Harner because he went out on his porch.

Soriano yelled, "WTF are you doing?"

Soriano said that the younger man's companion said, "Mind your own fucking business." When Kody Marcelli's buddy Jonathan Christian testified later, he said it was Marcelli who said, "Mind your own fucking business."

Chief Cox said that while going through HCSO reports he saw there was video of the incident and that he obtained that from Diane Harner. One disk had the video played in court and some still photos. Another disk had a screenshot of Marcelli.

During cross by Ms. Heidi Wells, Chief Cox said that the deputies never bothered to get the video; he had to get it. Based only on Deputy Ryan Hill's claim in a report, Ms. Wells claimed there was a second video and it was of the altercation.

Chief Cox repeated more than once, there was no second video. There was back and forth and at one point, Chief Cox said, "I watched the video more than them (the deputies).


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