Feb 29, 2020

"This is affecting people. The people I represent are not people with deep pockets. They are regular people."


On October 4, on behalf of HUMCPR and HUMCPR affiliates, Harland Law Firm's Ms. Allison Jackson filed  and served Humboldt County a Verified Petition for Writ of Mandate and Injunctive Relief.
CEQA violations, environmental impact, public interest are alleged in HUMCPR's writ.

Chef Christine Silver to operate Sequoia Park Zoo




Chef and owner Christine Silver already owns three local businesses in Eureka. Now, in addition to to Humboldt Soup Company,  Sixth and E eatery and Delish on 5th, Chef Silver is leasing the cafe at the Sequoia Park Zoo from the City of Eureka. The cafe is being remodeled with her input and will have a new menu and new design. Chef Silver and staff are expected to take over operations the beginning of April.

Feb 28, 2020

Bail for Ryan Tanner's second case was set at $360,000



Murder suspect Ryan Tanner was arraigned on a second case on February 28. Yesterday, I reported that Tanner got a new attorney, the People's request for no bail was granted, 12 new charges were added in his homicide case and Deputy District Attorney Adrian Kamada mentioned yesterday this new case had been filed.

"All we have from Dave is he got pissy with me"


(Fred Loftus)


(Fred Loftus with his grandson)

Four people gave victim impact statements this morning at David Kobak's sentencing and all were family members. One was his son who was adopted and found out about Fred Loftus' death via an obituary. These are the circumstances that reunited him with the Loftus family.

David Kobak sentenced 40 years to life, both defense motions denied


Sentencing was scheduled for convicted murderer David Kobak. Also scheduled were defense motions; one for a new trial and the other to dismiss the 25 to life firearm enhancement . I reported this on February 26 and my post has a response from Fred Loftus' daughter.

Another convicted sex offender violates parole





Convicted sex offender Warner Jackson Ramey was arrested and booked on violation of parole yesterday. The jail log lists California Department of Parole as the arresting agency. He was released from custody after 4 days and is back on parole.

Feb 27, 2020

Ryan Tanner gets new attorney, no bail status, new charges in homicide case and new kidnap case all in one day



At intervention today, Deputy District Attorney Adrian Kamada's motion to file an amended complaint in Tanner's homicide case was granted. Judge Kaleb Cockrum also granted Mr. Kamada's request for no bail. The no bail is based on the bail schedule and a new charge in the amended complaint.

Bergel-Lowenstein hearing continued to see if parties can resolve matter




Testimony was expected to resume this afternoon for the hearing on the request for a restraining order filed by Eurela Councilmember Kim Bergel against Cornelius Lowenstein.

Credibility matters in court and what you say and how you act is important


Kim Walford-Bergel kept referring to Eric Bergel as her husband during the hearings for her request to get a restraining order against Cornelius Lowenstein. Councilmember Austin Allison referred to her as "a single mother."

Houston man arrested on several firearm and drug charges




On Feb. 27, 2020, at about 12:08 a.m., Humboldt County Sheriff’s deputies on patrol in the area of U.S. Highway 101 and Giuntoli Lane conducted a traffic stop on a 2020 gray Nissan Armada for a vehicle code violation.

This convicted sex offender has violated parole three times, twice this year




This is the third time registered sex offender and pedophile Benjamin Paul Johnston has been arrested in for violation of parole since he was convicted.

Feb 26, 2020

It only took the Jack Daniels jury a few hours to convict Jack Daniels



The jury started deliberating around 11:30, took a break for lunch. And this afternoon, after about three hours, there was a verdict. He has six other cases that were "trailing" this trial. Will he go for a plea and resolve those cases?

Wrong exhibit played for Jack Daniels' jury


Jury in Jack Daniel's alleged home invasion robbery case started deliberations around 11:30 on February 26. At 2:18, attorneys for the case went in; Deputy District Attorney Roger Rees was already in the courtroom.

Last time it was a drunk in public trial, this time 6th continuance granted because of Bergel and Lowenstein hearing in Opera Alley murder case

(Photo from scene: John Chiv)

(Photo from scene: John Chiv)

The preliminary hearing for Opera Alley murder suspect Connor Whited and the defense motion to exclude statements was also continued to today. Both matters were rescheduled to March 17.

Public Defender requesting new trial for David Kobak


Sentencing for David Kobak is scheduled for February 28. Today, Deputy District Attorney Whitney Timm filed an opposition to the defendant's motion for new trial. On 2/27, the DA's office filed an opposition to dismiss the 25 to life firearm enhancement.

Sheriff Honsal gives a shout out to his staff, particularly for the investigation that led to the arrest of RyanTanner



I saw Humboldt County Sheriff William Honsal at the Courthouse today. During our conversation, he gave a shout out to his staff.  Sheriff Honsal said he is proud of the work done by the deputies and team on the Ryan Tanner investigation that the arrest in  24 hours.

Will there be a sixth continuance for the Opera Alley murder case?


On February 24, during intervention for Opera Alley murder suspect Connor Whited, the preliminary hearing for today was confirmed. Defense motion to exclude statements was also continued to today.

Whited is charged with the murder of Brett Keiling and a special allegation that he used a deadly weapon; a club.

Man convicted of criminal threats, sentenced to probation is out in the community with firearms still registered in his name


Danny Waters was sentenced February 5. He pleaded guilty to criminal threats and admitted the special allegation of using a firearm in the commission of the crime.

Defense waiting for one DOJ report and DNA expert funding in Ulisses Rodriguez case


Pre trial for murder suspect Ulisses Rodriguez was scheduled for February 26. Trial confirmation is scheduled for 5/20; jury trial for June 29.

For now dates were confirmed. Rodriguez was in court in a red jumpsuit which means he is in "admin segregation."

Feb 25, 2020

Flashing siren and lights on 6th Street in Eureka

Near N street. Just another typical day, another typical night, for EPD. Only a couple blocks from Eureka City Hall.

It was a bicycle stop.  33 year old Matthew Dilley was arrested for possession of controlled substance and paraphernalia.

Ironically, it is in the same spot where there were 4 EPD cars in the middle of the night on February 3 conducting a field sobriety test.

The current election season is not even over and rumors are rampant about Arroyo, Allison, Lowenstein and Bonino

Do you want to run for Eureka City Council Ward 2 and Ward 4? Current Ward 2 Councilmember is Heidi Messner. Current Ward 4 Councilmember is Austin Allison.

Allison has already indicated that he will not seek another term for Eureka City Council.
Filing period for those two wards is July 13 to August 7.

Supervised release denied for man with $750,000 bail and he gets served with a restraining order the same day

Supervised release for Kevin Carns was denied by Retired Judge Lillian K. Sing for February 24. In another courtroom, a restraining order for three years was granted by Judge Kelly Neel requested by a Ms. Acosta.

Second case of coronavirus in Humbodt not confirmed because individual tested "indeterminate"

A second case of COVID-19 in Humboldt County has not been confirmed because the individual involved has tested “indeterminate” for the virus.

Subject detained, EPD officers investigating incident in Eureka City Hall parking lot



From "remains set" to continued in less than 24 hours



Convicted felon Robert Cullen had another intervention scheduled yesterday. His preliminary hearing  scheduled for February 25 "remained set"; but today it was continued to March 2 by the District Attorney. Time estimate is two hours.

"I was fortunate enough to see my dad that evening but I never got to say goodbye"



(Humboldt Cremation)

Many people in the community know Bob Beland and his wife Elizabeth Martin. If you did not know him, the photo above illustrates well the loving memories shared by his family and friends in court today.

Ryder Stapp cuffed in court and taken into custody to serve 11 year prison sentence



Ryder Stapp was sentenced this morning. He was cuffed and taken into custody to serve his 11 year state prison sentence.

As he was cuffed, it was the only time I saw a brief look of relief and a slight smile on Elizabeth Martin's face. She is Bob Beland's wife. Stapp's family members wiped tears.

On a day that should have been about Bob Beland and family, Eric Bergel decided to create a scene and focus on himself



I did not have to be at the Courthouse today.  I came exclusively for Ryder Stapp's sentencing. It is a very difficult day for Bob Beland and Elizabeth Martin's  family, friends and the community.

Feb 24, 2020

Jane Doe 1 testified that Edward Pena beat her with a baseball bat while her daughter pleaded for her life


Retired Judge Lillian K. Sing presided over the preliminary hearing for Edward Pena. He was held to answer on all charges.

One client dumps Michael Acosta and gets a new attorney



Eureka Townhouse Hospitality is appealing a ruling from the State Labor Commission involving a former employee Candice Knight. The amount Eureka Townhouse Hospitality have been ordered to pay is 156,626.91.

HCSO led SWAT team assists EPD in arresting suspect


Just confirmed it was Kevin Lee Haberman. There was a BOLO out for him. This is related to the investigation that resulted in the arrest of local attorney Michael Acosta and others. He posted bail.

Kim Bergel receives support from Chet Albin regarding her restraining order against Cornelius Lowenstein

Kim Bergel received support from an unexpected ally. Former Councilmember Chet Albin told me that if he was in town, he would have attended today's hearing and supported her regarding her restraining order request against Cornelius Lowenstein.

"Civil harassment orders are to prevent future harm."



The hearing for a restraining order requested by Eureka Councilmember Kim Bergel against Cornelius Lowenstein was continued to February 24. It did not conclude today and testimony resumes on Thursday.

Jason Garrett identified as victim in recent Ryan Tanner arrest



The Humboldt County Coroner’s Office has identified the remains recovered on Feb. 18, 2020, in the Ettersburg area as that of 33-year-old Jason Todd Garrett of Southern Humboldt County.

Garrett’s cause of death has been determined to be a gunshot wound.

Ryan Tanner was arrested for this homicide.

Unaware that there are cameras on the second floor, Eric Bergel glared at me walking out of the courtroom

The hearing for the restraining order requested by Councilmember Kimberly Bergel against Cornelius Lowenstein is still going on. She is calling Eric Bergel and Councilmember Austin Allison as her witnesses. Lowenstein is the only witness his attorney Arlie Capps is calling to testify.

Unaware that there are cameras on the second floor, Eric Bergel glared at me walking out of the courtroom. Quite different from the demeanor he is presenting on the stand. Quite ironic considering he is a witness for a restraining order request .

21 years in state prison for twice convicted sex offender Michael Franco


Alleged molestor and convicted sex offender Michael Franco had a "special set hearing," scheduled this morning. This was to see if the case would resolve before his jury trial scheduled to start did.

Dates finally set for alleged molestor Mark Dare's jury trial


Dates were finally set for alleged molestor Mark Dare. The alleged victims are his stepdaughters. Trial confirmation is scheduled on July ;  jury trial on August 17.

2016 case for murder suspect Maxx Robison confirmed for trial


Trial confirmation was scheduled for murder suspect Maxx Robison this morning. Jury trial scheduled for March 9 was confirmed. Time estimate is 4 weeks.

Feb 22, 2020

Area 1 Agency on Aging is "the only local agency with CA registered Counselors"  that can help seniors navigate Medicare

(last year's volunteer training)


Ben Winker is the HICAP manager for the Area 1 Agency on Aging in Eureka. The local agency provides many services for seniors in the area.

Feb 21, 2020

APD looking for suspect in attempted robbery at Umpqua Bank


On Friday February 21, 2020, at approximately 10:21 am, an attempted bank robbery occurred at the Umpqua Bank Downtown Arcata branch.  The suspect approached a teller inside the bank and demanded money, but fled prior to receiving any.  A weapon was not observed nor implied.  The suspect fled on foot westbound from the 1000 block of G Street.

Kim Bergel admonished by Judge; hearing put over because Lowenstein didnt get complete paperwork and sufficient notice


"M'am I have read your papers," Visiting Judge Barbara Zuniga told Eureka Councilmember Kim Bergel. "You have the burden of proof." Bergel said she was ready to present her case.

Pamela Faye Millsap charged with voluntary manslaughter and child abuse


Pamela Faye Millsap was arrested on February 18 by Eureka Police Department and booked on involuntary manslaughter. The victim was her son. Bail at booking was $35,000. Bail after arraignment was raised to $270,000.

Will convicted sex offender Michael Franco resolve his alleged molestation trial on Monday?


Trial confirmation was scheduled for alleged molestor and convicted sex offender molestor Michael Franco on February 20. Jury trial is scheduled to start February 24.

No leads to house Joshua Cooley; transient release denied, again by Judge Feeney


Placement hearing for sexually violent predator Joshua Cooley was scheduled this morning. No other media and no community members were in court. Cooley's grandparents were present. A social worker and Liberty Healthcare's Rafael Loya appeared by phone.

Preliminary hearing for suspects in Johnny Renfro homicide rescheduled



Intervention was scheduled for Demetrius Coleman and Alma Ahumadamendoza on February 20. Preliminary hearing scheduled for February 24 was vacated.

Feb 20, 2020

$750,000 bail for Kevin Carns who faces life with possibility of parole

Bail was set at $750,000 for Kevin Carns who was arraigned this afternoon for his 2020 case. The Public Defender's office was appointed to represent Carns.

Eureka Councilmember Kim Bergel has filed a lawsuit against Cornelius Lowenstein

(Bergel)

(Lowenstein)

A civil harassment petition was filed by Eureka Councilmember Kim Bergel against Cornelius Lowenstein on 1/30/20. Court records lists Bergel as the petitioner and Lowenstein as the respondent and the hearing is set for 1:30 in Courtroom Four. Paperwork was served on Lowenstein on 2/18/20.

Murder suspect Ryan Tanner's bail increased to 1 million, 375,000





Ryan Tanner's bail was increased to 1 million, 375,000 at arraignment. I posted charges in the earlier post linked below. Conflict Counsel's office was appointed. Deputy Public Defender April Van Dyke is assigned to the case.

Conflict Counsel Supervising Attorney Meagan O'Connell was present for arraignment today. She requested all police reports, witness statements, video and audio recordings and rap sheet of the alleged victim. She was provided with a police report and charging report in court today.

First case of cornavirus confirmed in Humboldt County

The Humboldt County Department of Health & Human Services Public Health Branch has received confirmation from the California Department of Public Health and the U.S. Centers for Disease Control and Prevention (CDC) of one case of COVID-19 in a Humboldt County resident. A close contact who has symptoms is being tested as well.

Ryan Tanner charged three felonies including murder of John Doe



Ryan Tanner is charged with three felony counts and one special allegation. He is scheduled for arraignment this afternoon.  Tanner is charged in Count 1 with murder of John Doe. Special allegation  for Count 1 is personal use of a firearm; AK 47. Count 2 is Assault by machine gun/assault weapon; alleged victim is Jeffrey Kondos. Count 3 is Assault by machine gun/assault weapon; alleged victim is Larry Dale Kirk.

On Monday, Chai Her had his bail bond reinstated, today another bench warrant was issued since he was a no show, again


Kidnapping suspect Chai Her's preliminary examination was scheduled for today.

His arrest made headlines; will the case resolve before preliminary hearing?


Preliminary hearing was scheduled on January 7 for convicted felon Robert Cullen. There have beentwo continuances since that date.

Talks about a possible resolution are being discussed, according to Mr. Michael Acosta, Cullen's attorney. Deputy District Attorney A.J. Kamada is the prosecutor for the case.

DNA and toxicology results and retention of experts lead to continuance of Ronald Loureiro jury trial


Trial confirmation and a motion to continue requested by the defense was scheduled for murder suspect Ronald Loureiro this morning. As I reported last time, defense was waiting on blood analysis. Since that hearing,defense received DNA and toxicology results.