Mar 22, 2021

Hate crime allegation charge in case with racial epithets hurled at local family getting food at Wendy's

 

(Petersen)

Imagine being in your truck and in line at Wendy's in Eureka. It is March 7 at 2 p.m. You just want to get food. Your wife and young children age 10 and 12 are with you. There is one car in front of you and one car behind you.

A woman  comes from the direction of the drive thru and is standing by the passenger's side of the car right in front of you. She is "yelling and screaming inaudibly." 

You see her spit on the car in front of you and make "some sort of flailing gesture". 

Then this person heads over to your car. She has an "angry and menacing" look. You say nothing. You do nothing.

The woman looks at you and your family. She yells, "You fucking n-----s" and "You are the ugliest fucking n-----s I have ever seen." 

She is "escalating" and "yelling." You are trying to calm your children down. The woman walks towards the drive thru, "grabs a rock and throws it; it cracks the back window."

This woman bothers the people in the car behind you. You pull out your phone to get a picture. The woman walks away. You follow her as she goes across the street and call 911.

A probable cause determination hearing for frequently arrested Jessie Aguilar Petersen took place this afternoon. In her most recent arrest, she is charged with Count 1 PC 594 (b) (1) felony vandalism and a hate crime special allegation, PC 422.75. Count 2 is PC 69, resisting an executive officer.

Before hearing arguments from attorneys,Judge Kaleb Cockrum already said his tentative decision was that he was holding Petersen to answer to Count 2 buy he was reducing it to a 17 (b) misdemeanor. That was his final decision.

Judge Cockrum did hold Petersen to answer to Count 1 and the hate crime special allegation.

Deputy District Attorney Trent Timm is the prosecutor. Deputy Public Defender Wade Orbelian is Petersen's attorney. 

The alleged victim, Dr. Jason Lee Meriwether and EPD Officer Chandler Baird testified for the People. 

Defense had Dr. Meriwether identify an exhibit of the damage to his car window.

Officer Baird was dispatched to vandalism report. He was told the suspect and reporting party were near 5th and Commercial.

Officer Baird asked Peterson to sit on the sidewalk and she complied. He saw the damage to Dr. Meriwether's vehicle. Officer Baird called Kreations Auto Body and spoke with estimator Ryan McNamara and was given an estimate of $1,044.43.

Other EPD Officers, including Officer Ben Altic assisted in taking Petersen into custody. When Petersen was told she was being arrested, told to stand up and was being cuffed, "she stomped on Officer Altic's foot."

During cross examination, Officer Baird was asked if about a 5150 hold for Peterson and whether he thought Petersen was under the influence. 

"I believe she suffers from addiction issues," said Officer Baird. 

After being taken into custody and on her way to the Humboldt County jail, Petersen "rambled incoherently." She referred to herself as Lucifer. Officer Baird did not recall comments about her saying she would kill God and the anti Christ. He said it was a short trip to the jail. Officer Baird has been with the department for 16 years, he is familiar with Petersen and had seen her around town. 

Officer Baird said when those arrested become disruptive, you learn to tune them out and pay attention to what is in front of you and your surroundings. At the pre screening at the jail, Officer Baird indicated that Petersen be tested for controlled substances and evaluated for mental health. Petersen only started "rambling incoherently" after being placed on arrest.

During Mr. Orbelian's repeated attempts to question Officer Baird about Petersen's mental health and objections by Mr. Timm, Judge Cockrum settled the back and forth and his response was indicative that he agreed with the People.

Judge Cockrum said an expert was needed to testify about mental health. A layperson can observe and testify about a person being under the influence.

During arguments, Mr. Timm said Petersen "took her anger to a different level at Dr. Meriwether's family" hurling racial epithets.

Mr. Timm said Petersen "violently and maliciously" attacked and traumatized the victims "based on the pigment of their skin." 

 "Humboldt is a great place to raise all sorts of families," said Mr. Timm. Let's send a message to Humboldt County" that this kind of behavior will not be tolerated.

While he acknowledged that "we don't know the racial make up" of the vehicle in front or behind the Meriwethers, "her own words showed disdain and hatred. What made her mad was precise. It was the pigment of their skin."

Mr. Timm said Petersen did not start rambling incoherently until she knew she was being arrested. "Defendants know they can use this as a potential defense."

"I absolutely agree it is wrong about racial epithets," said Mr. Orbelian. "I would ask the Court to find that the damage was not over $400."

Judge Cockrum said there could be experts and defenses introduced at trial, "however racism and mental health are not mutually exclusive," said Judge Cockrum. 

I have more information on the alleged victim, his profession and community connection but out of respect for his wishes, I have not added those details to this post. This family has not gone public with this incident because they do not want to be divisive. Their desire in testifying today is out of concern for community safety. 

Other local media have not covered this case. They may now, as they do, follow up on many firsts and exclusives on this blog.

Other local media do "stalk" and read my blog, and use me as a convenient tipster, especially with court news. At this stage, the case has not gone to trial. Unless in the future, the profession is mentioned in open court or the victims are identified elsewhere or they chose to share the details, this initial post will remain as published today.

Next court date is on April 12 for Dr. Wilson's report.


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