Defense did not receive report, Court received it this morning, sentencing for Kistler continued

Nicholas Kistler was scheduled to be sentenced on August 5. He has four cases on calendar. In addition to the 2017 case, two from 2016 and one from 2015.

Sentencing was continued to August 17.

Deputy District Attorney Trent Timm is the prosecutor for the case. Ms. Andrea Sullivan is Kistler's attorney.

Ms. Sullivan requested sentencing be continued because she didn’t get the report and needs to discuss it with Kistler. Judge Christopher Wilson said he just received the report this morning.

With the clerk's office closed, Ms. Sullivan, like others has no access to go get the report in person. A copy of the report was provided to her in court.

For the 2017 case in which he was found guilty of all charges, Kistler faces a potential maximum sentence of 11 years to life in prison.

On March 18, 2019, a jury found 35-year-old Nicholas Kistler guilty of attempted premeditated murder, assault with force likely to produce great bodily injury and resisting arrest. The jury also found that the defendant personally used a deadly weapon and inflicted great bodily injury on the victim.

The case arose from an incident on April 3, 2017 on the Arcata Plaza.  The defendant first disguised himself with a bandanna, then approached the seated victim and struck him twice in the head with a hammer, fracturing the victim’s skull. The Arcata Police Department pursued and captured the defendant with the assistance of a police dog.

Deputy District Attorney Luke Bernthal was the prosecutor for the jury trial for the 2017 case.Judge Wilson presided over Kistler's  trial.

Mr. Timm took over the case after Mr. Bernthal left the DA's office. Mr. Bernthal has returned to the DA's office. Kistler was supposed to be sentenced in April 2019. He filed a motion for a new trial so sentencing was suspended. Conflict Counsel Supervising Attorney Meagan O’Connell was Kistler's attorney.  Ms. Andrea Sullivan was appointed to represent him.

Ms. Sullivan was appointed to look into ineffective assistance of counsel as Kistler's reason for a new trial. The motion was denied.

7/17: Sentencing was continued to August 26. Deputy District Attorney Luke Bernthal appeared on the case for the People.

Ms. Sullivan said her investigator was turned away from the jail and that Kistler had a written statement and some materials he wanted the Court to review.

Judge Christopher Wilson said this is a "case in which the court has little discretion." He also said,"no more continuances."

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