Nicholas Kistler sentenced 11 years to life in prison

Sentencing for Nicholas Kistler was continued to this morning. In addition to the 2017 case, Kistler has two cases from 2016 and one from 2015.

Ms. Andrea Sullivan is Kistler's attorney. Deputy District Attorney Luke Bernthal appeared on the case for the People. Ms. Sullivan was appointed on the case after the 2017 trial.

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.

Judge Christopher Wilson denied defense's request to stay the one year sentence the firearm enhancement saying that it was part of the event.

Judge Wilson sentenced Kistler in the 2017 case for 7 years to life for Count 1, one additional year for the firearm enhancement and three additional years for the great bodily injury enhancement.

In Count 2, time was imposed but  "stayed". There was no additional time imposed in Count 3.

Judge Wilson did reduce some of the fines as requested by Ms. Sullivan. He commended Kistler on his efforts to change his life around and the work he had done in prison.

Mr. Bernthal said while he did not disagree with Ms. Sullivan's comments on the work and efforts Kistler did during custody,  he objected to striking the firearm enhancement. Mr. Bernthal said that he disagreed with Kistler's statement about not resorting to violence that Kistler made in his statement. Mr. Bernthal said that Kistler had "a record from 2014 that showed an individual spiraling out of control."

Probation was revoked and terminated in the 2015 case as well as the two cases from 2016. Kistler was given credit for time served.

A hearing is scheduled on September 16 for the receipt of the PPRF form.

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.

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