Home invasion for imaginary marijuana results in suspects getting away with $3,000 in cash and car keys instead

On 08-11-2014, at approximately 8:30 a.m., the Humboldt County Sheriff’s Office was notified of a Home Invasion Robbery that occurred on 08-08-14, at approximately 6:30 a.m. at a residence in the 400 block of Evans Road, Fieldbrook.

When the investigating deputy arrived at the residence, he met with a 55 year old male and his 35 year old son. They told the deputy they were asleep on 08-08-2014 in their residence, when three men with hooded sweatshirts entered their home. The suspects entered through an unlocked rear sliding door. After the suspects entered the home, one of the suspects pointed a semi-automatic handgun at the fathers head. The suspects made him walk into his son’s room at gunpoint, where they tied up the son and struck him with the handgun. The suspects demanded processed marijuana from the victims. The victims told the suspects they did not have any processed marijuana. The suspects forced the father to open a safe and they stole $3000.00 in cash a coin collection, the victim’s wallets and car keys from the safe. The suspects then fled the residence.

The father told the deputy they were very distraught over the incident and called their daughter instead of law enforcement. The daughter reported the incident to the Sheriff’s Office for them today. The deputy saw the son had injuries consistent with being assaulted.

The suspects are described as follows:

#1 Heavy set white male adult, mid 30s, approximately 6’ 2” tall, approximately 250 lbs, wearing a black hooded sweatshirt and gloves

#2 Hispanic, late 20’s, with a moustache and goatee,  5’ 6” tall, 140 lbs, wearing a dark grey hooded sweatshirt, armed with a semi-auto black handgun

#3 White male, late 20’s, wearing a dark hooded sweatshirt, 140 lbs, armed with a semi-auto black handgun

Vigilante justice leads to assault on transient male

On 08-11-2014, at approximately 8:45 a.m., the Humboldt County Sheriff’s Office was notified of a man stabbed in the chest near the park in Manila.  Deputies and medical personnel responded to the area of the park. Deputies located the victim in the 1800 block of Park Street, Manila.

Deputies learned a 64 year old adult female Manila Community Services employee spoke with a 55 year old transient male about dumping garbage in the park. The transient male got angry and words were exchanged. Two men were in the area at the time of the verbal argument. The men believed the 55 year old male was disrespecting the female employee. They caught up with the 55 year old male near the bus stop at Peninsula Drive and Lupin Drive, Manila. The two men began beating the 55 year old male up, punching him several times. During the assault, the 55 year old male removed a knife and began stabbing at the two males in defense. While doing so, the 55 year old male stabbed one of the males in the chest.

Deputies located and interviewed the 55 year old male and witnesses. Deputies are still trying to locate a second male involved in the assault. The 55 year old male has injuries consistent with being assaulted and witnesses have been located that saw the two men assaulting the 55 year old male.


Deputies are still investigating the crime, however at this time there have been no arrests. The case will be submitted to the Humboldt County District Attorney’s Office for their review.

The 41 year old male stabbing victim is currently in a local hospital undergoing surgery,

Motion to sever in Ferrer granted, Gallegos does not show up, hangs DDA Curtis out to dry

Issues of discovery, Motion to sever the cases of Juan Ferrer, Nicholas Stoiber and Sophie Rocheleau, and transcripts with statements that were to be redacted by the People were due to be heard this afternoon.

Defense attorneys for all three defendants are still awaiting discovery and District Attorney Paul Gallegos who opposed the motion to sever already had the case continued once and did not even show up for Court today. Instead Mr. Gallegos' instruction was to have DDA Zach Curtis ask for another week's continuance with no reason, again.

The defense attorneys were frustrated and asked their motion to sever be granted. Judge Dale Reinholtsen said he cannot rule if People have not responded.When DDA Zach Curtis was asked to comment he said it was not his case and he is not familiar with the case. Mr. Curtis added if defense attorneys were going to criticize Mr. Gallegos, "it is more appropriate to have Mr. Gallegos here."

Mr. Marek Reavis, who represents Ferrer, responded with, "I agree."

Mr. Curtis's remarks came after defense attorneys took Mr. Gallegos to task for the delays and referring back to their original arguments why the cases should be severed.

Mr. Reavis said he had not received discovery relating to x-rays taken at the victim's autopsy. This is essential for at least one defense expert and dates cannot be scheduled until defense gets this discovery. In previous court hearings, Mr. Gallegos has promised twice to get discovery to the defense and acts surprised as if it is the first time he had heard their request.

Mr. Benjamin Okin, attorney for Sophie Rocheleau, pointed out that the original motion to sever was filed June 18. He also reiterated the x-ray discovery request. Mr. Okin told Judge Reinholtsen that he had not received any lab notes; in fact he did not even know if they existed.

Mr. Reavis, said in his last email to Mr. Gallegos, which was approximately two weeks ago, "I accused Mr. Gallegos of not being familiar with the case. We are 8 to 9 months down the road. I object to any continuance."

Mr. Reavis said Mr. Gallegos's arguments last time when he opposed the motion to sever was based in general theory, not evidence.

Mr. Okin brought up the point he made last time in court about issues with altering transcripts based on what Mr. Gallegos  was suggesting. Mr. Okin said it "is not as simple as changing a pronoun."

Eventually, Judge Reinholtsen granted the motion to sever. August 18 is the next court date for a Disposition/Reset hearing at 2 p.m. in Courtroom 4. Both Mr. Okin and Ms. Jennifer Dixon, who represents Nicholas Stoiber, said they may "pull the time waiver" they agreed to for their clients.

Previous posts:

http://johnchiv.blogspot.com/2014/07/paul-requests-two-more-weeks-in-ferrer.html

http://johnchiv.blogspot.com/2014/07/gallegos-gets-dress-down-in-defenses.html

http://johnchiv.blogspot.com/2014/07/motion-to-sever-ferrer-stoiber-and.html

Talvi Fried did not qualify, no opponent for Marian Brady

The following nominees have qualified for the ballot for offices of the City of Eureka, at the General Municipal Election to be held November 4, 2014:


Office of Mayor

Frank J. Jäger
3815 G Street
Eureka, CA 95503
(707) 443-2051
Email: frankjager499@yahoo.com


Office of City Council – Ward 1:

Marian Brady
803 Pine Street
Eureka, CA  95501
(707) 443-8282
Email:  mbdesign@suddenlink.net

We have received signatures for another candidate but are awaiting for verification of qualification.
(8-11-14 Candidate did not qualify for the election per section 301 of the City of Eureka Charter)

Office of City Council – Ward 3:

Mike L. Newman
1624 E Street, Apt. D
Eureka, CA  95501
(707) 443-0403
Email: insmike1313@yahoo.com

Kim Bergel
1312 K Street
Eureka, CA  95501
(707) 616-2178
Email: kswalford@sbcglobal.net


Office of City Council – Ward 5: 

Chet Albin
1124 Thomas Street, Apt. D
Eureka, CA  95503
(707) 498-3896
Email:  chetweott@yahoo.com

Natalie C. Arroyo
2127 C Street
Eureka, CA  95501
(707) 442-6664
Email: nataliec_arroyo@yahoo.com

Jurors being questioned in Eddie Lee trial; first witness expected to be called around September 2

Today in Courtroom 1, Judge John Feeney, District Attorney Paul Gallegos and Eddie Lee's Bay area attorney Darryl Stallworth questioned potential jurors for Lee's trial, which is expected to start around September 2.

Eddie Lee was a co-defendant with Limmie Greg Curry in a retrial of a felony case for homicide. The cases have been severed and they will be tried separately.

Charges for Lee listed in the court computer are murder, robbery/rape, possession of marijuana and involvement of a firearm.

Lee with a fresh haircut and dressed in light khakis, a white shirt and black sweater looked less like a murder defendant and more like a college student. He sat quietly with Mr. Stallworth and whenever he is in the courtroom, he is always quiet and demeanor is very polite.

This is another murder case and the length of the trial is expected to be three months.

County asks constituents for sales tax while County Department Head's get paid lavishly

On this November Ballot, there is a countywide general sales tax to fund public safety services as well as local tax measures from Eureka, Fortuna, Rio Dell and Blue Lake.

Talking with some acquaintances, they brought up that the average county worker is paid $67,000 plus full health and retirement, many at 52 yrs old, but the average non government annualized Humboldt worker is making around $30,000 and many having to apply for Obamacare. Then there is the challenge to find a local doctor who is in the network .

http://transparentcalifornia.com/salaries/2013/humboldt-county/  This is one link to County salaries.

http://www.humboldtgov.org/DocumentCenter/View/659

This is the link to the County salaries sent me by Sean Quincey, Humboldt County Public Information Specialist. You can do your own research on the various cities and salaries. I picked some salary examples from the County of Humboldt link provided to me by Mr. Quincey. These salaries are the same listed in a document with salaries for Department Heads and litigation costs which was provided to me by

 The total amount of expenses spent on outside litigation in the last four years, including settlements: Total expenses for outside representation for the last four years is approximately  $3,106,543.38. Of that amount, $1,311,804.77 was in relation to the Tooby-McKee case. Total expenses for settlements is $1,088,137.50.

County Administrative Officer  $14,365 Monthly,  County Counsel  $12,956 Monthly, Chief Probation Officer Monthly $10, 294, District Attorney $ 13, 166 Monthly and Director of Health and Human Services Monthly $ 14,166.

Did our elected officials ask staff to do any studies or evaluation about cutting costs to some of these high paid department heads and supervisory positions? Why isn’t there a wage freeze in place before asking the voters for a tax increase?

It isn’t just the fault of the current Supervisors. Their predecessors voted nice fat pay increases for themselves and have encouraged this government job growth versus encouraging private industry . For the past two decades, how many times have unions held contracts hostage unless they received pay increases and more benefits paid? In the private sector, one doesn’t get to walk off the job and demand. You earn it or you are fired.

Working class people keep paying taxes. People are struggling to keep food on the table, chose between health insurance, rent or car payments. Maybe the Supervisors need to cut the top, lifetime government employee positions for a change. Have these department heads make a sacrifice for once and have them be accountable for their budgets.

This income gap is one our Supervisors should try and even out instead of raising taxes.

Are some of the department budgets going for necessities or “wish lists” such as  new carpets, AR-15 rifles for investigators and other such lavish costs not necessary to do the job.

The tax base that keeps paying has been squeezed enough. It is time for the Supervisors to ask these high paid department heads to trim the fat, from their own salaries. It is time for budgets to be awarded to critical services and to eliminate some other departments that are largely administrative.
We elected our current Board Supervisors so they would not continue status quo of their predecessors. It is time for them to hold some of their department heads accountable, not reward them for incompetence.

Challenger Talvikki Fried does live in Ward 1, signatures in process of being verified and results available shortly

According to Humboldt County Election's Office, Challenger Talvikki Fried Ward does live in Ward 1. The signatures are in the process of being verified and the final results will be verified shortly.

Considering this challenger turned in papers the last minute on Friday, kudos to the Humboldt County Election Office for their promptness.

Update: Signatures have been verified by the County but the City of Eureka has to still go through some procedures before qualifying Fried as an official candidate. So as of now Marian Brady still has no opponent.

updating...

Unidentified human remains found in Cuneo Creek campground

On 08-10-2014, at approximately 7:30 a.m., California State Parks was notified of possible human remains, which were located by a hiker on a trail in Cuneo Creek Campground, Humboldt Redwoods State Park.  A Park Ranger responded and confirmed the remains were human. The Humboldt County Sheriff’s Office and Humboldt County Coroner’s Office were notified and responded to the scene.  The skeletal remains were collected by a Deputy Coroner and will be examined by a Forensic Anthropologist to determine identity, age, sex and possible cause of death, which are all unknown at this time.

Male burglar enters Eureka home while victims were sleeping

On 8/11/14, at about 2:36 AM, Eureka Police Department officers were dispatched to a residence on the 1700 block of Sunny Avenue for a residential burglary in progress. The 30-year–old victim reported she was home sleeping with her young daughter when she awoke to find an unknown male in her kitchen.  When she confronted the male, who was armed with a large knife seen protruding from one of his pockets, he charged at her.  The victim retreated to her bedroom, locked the door, and called 911.

The suspect was gone upon officers arrival. Officers located a large kitchen cleaver resting on a table just outside the victim’s bedroom that the suspect had left behind.  It appeared the suspect had entered the residence by removing a screen and climbing through a side window.

At 3:07 AM, while officers were still processing the scene for evidence and searching the vicinity for the suspect, EPD dispatch received another report of a residential burglary in progress on the 1900 block of ‘S’ Street.  The caller reported they’d just found an unknown male inside their residence.  The male was reported to currently be inside the victims’ car which was parked inside their attached garage.  Upon arrival a short time later, officers found the main garage door open but the suspect was gone.  Officers began searching the vicinity with the assistance of an EPD K-9 team.

Officers tracked the suspect to the woods behind a nearby residence east of the victims’ home. Officers located the suspect, Kevin Patrick Simpson (age 42), hiding in the brush where he was taken into custody. Simpson was found to be in possession of several items stolen from the second victims’ residence. He was also armed with a large, concealed kitchen knife.

Simpson was positively identified by the victims’ as the suspect in both burglaries.  He was arrested and transported to the Humboldt County Jail where he was booked for first degree burglary (two counts), possession of stolen property, attempted auto theft, unlawful carrying of a concealed fixed blade knife, and probation violation.  His bail was set at $125,000.00.

For Rhett, Christina and Sunshine. Thank you Tree jury

Incredible group of dedicated jurors. Thank you.

For Tina, Nancy and Karen. God bless you for your amazing children. Justice was served!

Guilty 2nd degree murder Arcata and attempted murder in Eureka in Bodhi Tree case

Bodhi Tree threw a temper tantrum in court as he was cuffed to be taken back into custody. "This is bullshit. Saying I did something I didn't."

 This is after the jury walked out but in an open courtroom in front of everyone else. This was similar to the outburst by Bodhi Tree that three inmates testified to in court. Ms. Holmquist had to get him calm but it took a minute.

This was an unanimous verdict. The judge thanked the jury. Sentencing will occur later. Tree can ask for a new trial. The defense investigator Ms. Truitt made a beeline for the jurors  right after the verdict had been read.

Tree yelled in court he wanted to appeal the decision.

Only Times Standard and myself were in the courtroom. Paul Mann from the Mad River Union arrived as the jury was exiting the building.

Gotta to know what ward you live in when you file to run for office

A challenger who took out papers and wanted to run for Ward 1 may not live in that Ward and may end up running in Ward 3. This or some other issues with paperwork were overheard at City Hall.

Deputy City Clerk is at the County office and will be issuing shortly who is running for City Council and if anyone is running for Mayor. As of 2 p.m. Marian Brady and Frank Jager did not have challengers.

Facts and actual names available shortly.

Meth found on Cheng was in his pocket

that's the update

Felon in possession of firearm in Eureka, Shocking!

On 08/08/14 at about 8:39 a.m., while attempting to locate a felony warrant suspect, officers observed a suspicious male and female near the 700 block of West Everding Street.  Officers attempted to contact the male, later identified as Pia Cheng (29) of Eureka.  Cheng fled on foot and was observed by officers throwing a firearm into a yard near the 3100 block of Prospect Street.  

Officers followed Cheng around the block and apprehend him without further incident near the 700 block of West Everding Street.  Officers located the firearm (AMT .380) and a loaded magazine and cellphone discarded nearby.   The female was no longer on scene and her identity is unknown at this time.

Cheng was arrested for being a felon in possession of a firearm, felon in possession of a firearm while committing a felony, possession of meth for sale, felon in possession of a concealed weapon, and felon in possession of ammunition.

DA elect reaching out to some DDAs?

DA elect Maggie Fleming was seen in the Courthouse Cafe eating lunch with DDA Jessica Watson. This afternoon, right at lunchtime at another cafe near the Courthouse, both Ms. Fleming and DDA Brienne Bennett walked out.

Is Ms. Fleming reaching out to just the very new DDAs? Or is this a sign of the transition of Ms. Fleming preparing for January 2015.

The fact that she is reaching out to some DDAs was mentioned by another source. This is a source outside the Courthouse and not someone with a legal career but has insight into what goes on at the DA's office.

Charred vehicle found off Main Street ramp in Fortuna

On 08-06-2014, at approximately 7:00 a.m., the Humboldt County Sheriff’s Office was notified of vehicle arson at the U.S. 101 and Main Street, Fortuna off ramp.

When the deputy arrived she met California Highway Patrol Officers who were already on scene. The deputy saw a white 1989 VW Golf with Oregon license plates on the southwest side of the road that was completely charred.

The deputy learned the vehicle had been reported stolen on 08-01-2014 to Fortuna Police department, and was recovered by Fortuna Police on 08-04-2014 at the location the vehicle was burned. At the time Fortuna Police located the vehicle, the tires had been removed along with other items. The owner of the vehicle was notified by Fortuna Police about the vehicle’s location and agreed to make arrangements to have it towed.  Before the owner could have the vehicle removed, someone lit the vehicle on fire.

Argument about garbage leads to assault in Loleta

On 08-06-2014, at approximately 6:00 p.m. the Humboldt County Sheriff’s Office received a 911 call regarding a large fight involving several male and female adults, some armed with sticks, occurring at Crab Park, Loleta. At least one of the involved combatants was bleeding from a head wound and was unresponsive. Humboldt County Sheriff’s Deputies and medical personnel responded to the scene.

When the first deputy arrived, she saw a 60 year old male bleeding from a head wound. The  60 year old male told the deputy the other combatants had fled in a vehicle and were enroute to a local hospital for treatment for a head wound.

The deputy spoke with witnesses, and learned the 60 year old male got into an argument with a 22 year old male about garbage on the ground near the 22 year old males vehicle. Words were exchanged and a fight broke out. During the fight, the 60 year old male threw the 22 year old male to the ground, causing a head wound to the 22 year old male. The 60 year old male was attacked by two adult females who were passengers in the 22 year old males’ vehicle. One of female passengers struck the 60 year old male numerous times in the head with a stick, causing head injuries to the 60 year old male.

After arriving at the local hospital, the 22 year old male was flown to an out of the area hospital due to the nature of his head trauma. The 60 year old male was transported to a local hospital and was treated and released for his head injuries. Alcoholic beverages were consumed by at least some of the combatants. The investigation into who was the primary aggressor is still ongoing, and the case will ultimately be submitted to the Humboldt County District Attorney’s Office for their review. There have no arrests at this time.

Another structure fire at 2186 Tydd Street, no one lived at residence so no injuries

At approximately 0222 hours, units from Humboldt Bay Fire (HBF) were dispatched to a structure fire at 2186 Tydd St.  HBF responded with a standard first alarm assignment of three fire engines, one ladder truck, and two Chief Officers.  While enroute, the first due engine company reported smoke showing upon leaving their station.

The first arriving engine company reported a single story wood frame residential structure with heavy fire and smoke showing, with the majority of the fire to the back side of the house.  Crews mounted an aggressive attack on the fire while also searching the residence for possible occupants, and ventilating the structure to release smoke and hot gasses.

Crews were able to extinguish the fire within 45 minutes of arrival. The property owner arrived on scene and advised that no one lived in the residence.

Preliminary estimates show damage of about $50,000.  There were no injuries.

The fire cause is under investigation, but undetermined at this time.  Given that the structure was vacant, the fire is suspicious in nature.