May 26, 2015

Arcata arson suspect Jeremy Kish expected to be arraigned May 28

Arson suspect Jeremy Kish is expected to be arraigned on May 28. You heard it here first.

The police report is still being sent to DA. No information on what courtroom yet but I will update with details of charges when the complaint is filed.



http://johnchiv.blogspot.com/2015/05/jeremy-kish-adds-yet-another-arrest-to.html?m=1

May 25, 2015

Hippy Hill transient on transient attack

On 05-25-2015, at approximately 10:55 a.m., Sherriff’s Deputies with the Humboldt County Sheriff’s Office were dispatched to a transient camp near the southbound Highway 101 off-ramp in Garberville.  Local transients commonly refer to this camp as “Hippy Hill”.  The reporting party called 911 and stated that a male victim had been struck in the head with a frying pan.

Upon Deputies arrival, the victim (age 70) stated that he was approached by another transient, Joseph Dewitt (age 37), who was being hostile and aggressive.  The victim feared for his safety and armed himself with pepper spray.  Dewitt became increasingly violent and the victim thought a physical confrontation was forthcoming.  As a result, the victim sprayed Dewitt in the face with the pepper spray.  Dewitt allegedly grabbed a frying pan and struck the victim several times in the back of the head.

Dewitt fled the scene prior to law enforcement arrival.  The victim was transported via ambulance to a local hospital for medical treatment.

At approximately 11:05 a.m., Sheriff’s Deputies were able to locate Dewitt at the intersection of Locust Street and Conger Street, Garberville.  Dewitt was placed under arrest for battery causing serious bodily injury and was transported to the Humboldt County Correctional Facility for booking.  Dewitt’s bail was set at $50,000.

May 23, 2015

Jeremy Kish adds yet another arrest to his statewide record; has a habit of being near "fires" and my own encounter with him where I had to call the police

This photo from his facebook page is probably better than a mug shot.


Those who know Jeremy need no explaination and are not surprised at his arrest. The problem is he will get out and prey on the community, again. He has managed to avoid responsibility so far. He has been given chance after chance to get help.

I even sent an email to DA Maggie Fleming and Chief Andrew Mills about him after my last incident with him.

With his record in Humboldt and in California, this man is a perfect example of someone who self medicates and needs to be forced to take meds (if that is what he needs) and be held accountable for his actions. He has been offered help by social services, an apartment, a job, he blows it, time after time.

I have known Jeremy for 4 years. Since he used to loiter and sleep around at St. Bernard's Church and then started "working" at MC2, 5th and I Eureka. He can be a very nice guy, initially. I used to bring him food.

Jeremy used to be friendly but can get increasingly hostile and verbally abusive with no provocation. Once, I told him to stop harassing people, especially the homeless as they walked by 5th and I streets and he went ballistic. In his delusion, Jeremy thought he was security. I told him the sidewalk did not belong to him nor was he authorized to act on the behalf of the building's owner.

I reminded him I never called the police when he needed a place to stay near the church or the office. I used to work in the office building where MC2 is located.

Remember the fire at 5th and I in Eureka. While they had no suspects and no surveillance, that fire mysteriously happened after Jeremy was let go of his volunteer position at MC2 and told to stay away from that property. Makes one wonder?

Jeremy has restraining orders against him that have been granted and restraining orders that he files have been dismissed. He files frivolous lawsuits against people and claims discrimination and they are later dismissed. Eureka Rescue Mission, Progressive, 76 gas station and Coca Cola are few of the local businesses Jeremy has tried to bilk. Look him up in the Humboldt Superior Court system.

I have all the case numbers.

I usually ignore Jeremy. He would yell and scream outside my home and my office in Old Town. That was not directed at me necessarily, just him going off about his broken down van and some alleged persecution in his head by someone. I tolerated it for months.

About a month ago, he was outside my office in Old Town  at night , screaming and yelling and wanting to camp out. I politely told him to chill, which resulted in him threatening me. I called the EPD, they are all too familiar with Jeremy, and they diffused the situation without an incident.

I called my city council member, my supervisor and the auto business that Jeremy was using as an excuse to hang out and harass people.

Here is the link to Kym Kemp's blog about the Arcata fire today and the arrest of suspect Jeremy Kish:

http://kymkemp.com/2015/05/23/apd-releases-name-of-suspect-in-todays-arson-fire/

APD Press Release:

 At 1:13 AM, the Arcata Police Department, along with the Arcata Fire Protection District, responded to the report of a structure fire at 1499 Spear Av. Upon the officer’s arrival, they found the former Alliance Market fully engulfed in fire. Officers began conducting traffic control for the arriving fire apparatus and attempting to locate witnesses. An officer contacted a subject in the area, who was later identified as Jeremy Kish (30) of Eureka.
Kish claimed to be a witness to the fire and made some statements to the officers that were suspicious in nature. Further investigation lead to probable cause to arrest Kish for 451(d) PC-Arson.  Kish was transported to the Humboldt County Correctional Facility, where he was booked and lodged.
The investigation is on-going and anyone with information about the case is asked to call the Arcata Police Department.


One link to Jeremy's alleged and past criminal record:

http://www.localcrimenews.com/city-arrests/arrest-details/?arrest=9707429


451.  A person is guilty of arson when he or she willfully and
maliciously sets fire to or burns or causes to be burned or who aids,
counsels, or procures the burning of, any structure, forest land, or
property.
   (a) Arson that causes great bodily injury is a felony punishable
by imprisonment in the state prison for five, seven, or nine years.
   (b) Arson that causes an inhabited structure or inhabited property
to burn is a felony punishable by imprisonment in the state prison
for three, five, or eight years.
   (c) Arson of a structure or forest land is a felony punishable by
imprisonment in the state prison for two, four, or six years.
   (d) Arson of property is a felony punishable by imprisonment in
the state prison for 16 months, two, or three years. For purposes of
this paragraph, arson of property does not include one burning or
causing to be burned his or her own personal property unless there is
an intent to defraud or there is injury to another person or another
person's structure, forest land, or property.

Ireland legalizes gay marriage

http://www.cnn.com/2015/05/23/europe/ireland-referendum-same-sex-marriage/

http://news.yahoo.com/yes-side-joyous-count-starts-irish-gay-marriage-090519559.html

Early votes indicated an overwhelming majority. All votes in and Ireland is now the first country to legalize same sex marriage by popular vote.

May 22, 2015

From Santa Clara to San Francisco then "high on LSD" resisting arrest in Eureka finally nails the coffin for Zachary Scudder who incriminates himself in court despite being told to shush

Gotta love a criminal who does not shut up despite the judge's advice and his own attorney's advice and seals his own fate.

It isn't the first time an alleged criminal does not listen to the judge or his own attorney and keeps talking. This time Zachary Scudder talked himself out of being released and by blurting out what he did showed Judge Timothy Cissna that he lied to probation.

Scudder jumped up in court as his case was called and before Judge Cissna could even finish reading the charge against him, he yelled, please give me another chance, I 'm ready to turn over a new leaf.

He kept doing this while his court appointed attorney, Conflict Counsel's David Lee, was trying to help fix the damage and complete arraignment.

DDA Stacey Eads opposed Scudder's release. She told Judge Cissna that he had only been in Humboldt County for two weeks and that he had a "lengthy record" in Santa Clara and San Francisco and she read of the penal codes and crimes he had been convicted of, then he "smashed a window in Eureka causing $1,000 of damage" and "it took several officers to arrest him." They had to taser him.
Scudder kept yelling he was "high on LSD" and did not know what he was doing.

In his probation report, he said he denied any substance abuse and Judge Cissna called him on that fact. The fact that he has no place to live and was renting a motel room and had no ties to the community further sunk the nail in his coffin.

In this case, Scudder is charged with Count 1 Vandalism, Count 2 Obstructing/Resisting Police Officer, Count 3 Disorderly Conduct Under the Influence of a Drug, Count 4 same charge as Count 2 and Count 5 same charge as Count 3.



21 year old charged with alleged sexual abuse of a 16 year old, a 14 year old and a 10 year old; charges include oral copulation and statutory rape

Brendan Phillips stood with his head down in court. Judge Timothy Cissna asked if he wanted an attorney appointed to represent him against the alleged charges. He softly said, yes.

He is 21 years old and one victim is 16 years old. The other two victims, one  14 years old and the other 10 years old. AIDS testing is mentioned in the complaint.

The charges against Phillips are: Count 1 Oral copulation with a victim under 16 years, Count 2 and 3 are the same; Count 4 is unlawful sexual intercourse with an adult over 21 years or more commonly known as statutory rape, Count 5 and 6 are the same; and Count 7 is lewd and lasvicious act where the defendant is 10 years older than the child.

Phillips was appointed Conflict Counsel's David Lee as an attorney. DDA Zach Curtis is prosecuting this case.

OR/Bail hearing is May 26 at 2 p.m. in Courtroom 2, Intervention is May 28 at 3 p.m., and the preliminary hearing is June 4 at 8:30 a.m.


CR football player allegedly charged with assault and battery of his own child and the child's mother

Today, in Courtroom 4, Jon Charles McDonald, stood with his private attorney Christina Allbright, who called him a stellar and an asset to the community.

McDonald is allegedly charged with assault and battery. Count 1 is a non-cohabitating partner and Count 2 cause or permitting cruelty to a child. This is a Courtroom 2 case but Judge Cissna was handling that calendar as well this afternoon.

McDonald  is alleged to "have pushed the mother of his two year old child to the ground in front of multiple witnesses," said DDA Whitney Barnes, who is prosecuting the case.

Ms. Allbright said that she feels that they will be able to resolve the case before trial and that McDonald's mother hopes that after completing a 52 week anger management program in Humboldt County that he can move out of state and "move his life in a better direction."

 OR/Bail hearing and Trial Confirmation is on May 27 at 2 p.m. in Courtroom 2 and jury trial is June 8.

Michael "Bad Boy" Throckmorton avoids punishment yet again, will it finally be prison for him on June 19?

Michael Throckmorton was found guilty of a felony: domestic violence in March 26.  On the evening of March 3, 2012, Throckmorton, strangled the victim in their home, then beat her with the wooden frame of a painting, causing severe abrasions to her neck and massive bruising on her leg.

He was to be sentenced on April 29 but asked that the sentencing date be continued and asked to travel out of state. The DA objected citing concerns that Throckmorton would flee. Read the link below from April 2014 for details. I was the only one that has covered this case through the three trials and the final case which got him convicted.

This afternoon at 2 p.m. Judge Timothy Cissna set the date to sentence Throckmorton. He told Throckmorton he had to be there. He did not fly the coop and stay in Virginia but instead of being sentenced, his sentencing was delayed yet again and he has a "mandatory appearance" again for sentencing on June 19 at 2 p.m.

The case was prosecuted by DDA Jackie Pizzo. Throckmorton's attorney is Mr. Owen Tipps from the Public Defender's office. This case went to trial 3 times before the recent conviction.

Today DDA Stacey Eads appeared for Ms. Pizzo in court. Throckmorton spoke to his attorney before court and read the probation report. Again, he whispered the same thing he asked the last two times in court, "will I go to prison?"

If you read the previous coverage on links, you will get the "yet again" reference.

Judge Cissna said that he had received a statement of mitigation from Mr. Tipps filed yesterday only at noon today and had skimmed the content. His tentative decision was that he wanted to refer the matter to Probation for a supplemental report to address Mr. Tipp's pleadings.

Judge Cissna said that Probation deserved

DDA Eads said that the People were in agreement with the Probation Department recommendation.

Not happy that he got to avoid sentencing now for the second time, through his attorney, Throckmorton's response to Judge Cissna's  suggestion to have sentencing on June 10 was to delay sentencing until June 30.

"We are very concerned with Mr. Throckmorton remaining in the community. Mr. Throckmorton  has a prior felony conviction. Mr. Tipp's pleading does not change the People's position. We would like sentencing to proceed as soon as possible.

"People are prepared to proceed to sentencing today," said Ms. Eads. "One of Mr. Tipp's points was his claim that probation was relying on the wrong facts. This matter went to jury trial. Your honor knows the facts."

Judge Cissna was the trial judge for Throckmorton's last trial. Judge Cissna agreed with Ms. Eads.

"Reluctantly," he set the sentencing date for June 19, 2015 at 2 p.m.

Previous posts:

http://johnchiv.blogspot.com/2015/04/if-bad-boy-michael-throckmorton.html
http://johnchiv.blogspot.com/2015/03/michael-throckmorton-found-guilty-this.html
http://johnchiv.blogspot.com/2015/03/bad-boy-michael-throckmorton-back-in.html
http://johnchiv.blogspot.com/2014/02/pizzo-vs-tibbs-same-or-different-result.html


Rodney Ortiz's arraignment on, Vincent Ortiz's arraignment off calendar, reason?

Both Rodney and Vincent Ortiz were to be arraigned on August 26. Rodney Ortiz is still set to be arraigned but Vincent Ortiz's arraignment is off calendar.

The court computer lists that Vincent Ortiz's medical records have been subpoenaed from Mercy Medical Center by attorney. Does not state whether it is his attorney Conflict Counsel.

Last post:

http://johnchiv.blogspot.com/2015/05/rodney-ortiz-held-to-answer-on-all.html?m=1

May 20, 2015

Dan, you asked on LOCO so here is my wish list and a possible name to replace Judge Watson

Klein is a joke. No to him and Gallegos.

This is in response to LOCO's suggestions.

Avatar
I'd be interested in Mr. Chiv's thoughts on this.

    This is in response to Dan:


    There are many who would be good judges but do they want to run? Patrik Griego, Allison Jackson,  Maggie Fleming, Andrew Isaac would be my wish list.

    I will post something here before I post on my blog. If the name Benjamin Okin comes up, you heard it from me first. I know he has expressed future interest.

    This is a comment I posted on LOCO.

    Someone suggested Commissioner Eannarino. I think that he would be a good choice.

    I reported on Omholt back in February, Arnie Klein dismissed charges against him, this man is more dangerous than EPD press release states





    Jason Omholt has been incarcerated in the Humboldt County Jail since January 20th, 2015, after he was arrested for numerous felony charges including felony evading, assault with a deadly weapon, vehicle theft, narcotic possession, and possession of stolen property.  Omholt was also a suspect in many of the day time burglaries in Eureka that occurred in November and December 2014.  

    Omholt has plead guilty to a charge of assault with a deadly weapon on a peace officer and was sentenced to the maximum time allowed, 5 years in State Prison.  Omholt also admitted a prior strike offense and will be serving a total of 10 years in State Prison.

    On May 18, 2015, Omholt was released from the Humboldt County Jail after his bail amount was lowered by the court and he was able to make bail.   Residents are encouraged to call EPD if they see Omholt loitering and/or acting suspiciously in their neighborhoods.

    Omholt is scheduled to be sentenced on June 11, 2015 in Superior Court.

    Feb 28, 2015

    10 years offer made by defense for Jason Ryan Omholt currently charged burglary, stolen property, assault but previously attempted murder charges that were dismissed by Arnie Klein

    On February 26, 2015, Jason Ryan Omholt was scheduled to have his preliminary hearing. The defense made an oral motion to continue the hearing for two weeks. There was discussion back and forth between Omholt and his attorney Mr. Greg Elvine-Kreis. The People had made an offer. Initially, DDA Roger Rees insisted that Omholt had to take the People's offer that day. The defense had made a counter offer of 10 years which was not accepted by the People. After Judge Timothy Cissna talked with both attorneys "at the bench", final answer was that Omholt had until the day of the preliminary hearing to accept the People's offer.

    The preliminary hearing is on March 16 at 8:30 with an intervention hearing at 3 p.m. on March 12 in Courtroom 2.

    Omholt could run for one of top ten criminal suspects in Humboldt in a decade.
    According to a post linked in Watch Paul, he was accused of attempted murder, but the charges were dropped. According to the 2007 post below, he had 80 other charges against him.

    With 8 current cases against him being addressed, only some of those cases will be addressed in this preliminary hearing. In these 8 cases, Omholt is charged with assault with a deadly weapon, buying/receiving stolen property, burglary, possession of a narcotic, controlled substance and driving under the influence.

    Another case that made the local press headlines with no follow-up. It could be resolved at intervention which means someone has to wait until the Judge and attorneys meet in a closed courtroom around 3 and then report out later, if there is a change. With other news and many court cases overlapping in one day, many cases get resolved and the rest of the media that likes to print arrests in the headline never follows the outcome.

    Kinda ironic but former DDA Arnie Klein who unsuccessfully ran for DA, only getting 2% and criticized Elan Firpo for not being tough on prosecution when he was the one who made a circus out of the Ferrer case and he is the one that dropped the charges against this guy?

    The link below is from Watch Paul and not active so I cannot verify who wrote that article. Take the information in the former posts with that disclaimer.

    From Watch Paul:

    Thursday, November 01, 2007


    Gallegos' Schizophrenic DA's Office w/update

    Attempted murder charge dropped

    The Humboldt County District Attorney’s Office announced Thursday it would not pursue some of the charges against a man who had been accused of shooting at a Humboldt County sheriff’s deputy.

    The announcement came at a preliminary hearing for Jason Ryan Omholt, 29, of Eureka, who was arraigned in January on charges of attempted murder, assault with a deadly weapon on a peace officer, being a felon in possession of a firearm, and possession and transportation of methamphetamine...

    ...Omholt and Cooke, with a third man identified as Waymond Hiat Kelly, are suspected of a string of armed robberies in Eureka and surrounding areas during a four-month period in 2006.

    Cooke was shot and killed Jan. 4 in a vacant Albee Street residence during an exchange of gunfire with law enforcement officers.

    That same day, Kelly was arrested after a high-speed chase in Mendocino County.

    Omholt was arrested the previous day at a Spring Street residence following a standoff with police.

    As Klein told the court Thursday he would not move forward with three of the charges against the defendant, Omholt smiled, bobbed his head repeatedly and even stuck out his tongue at Braud, who was seated in the audience.

    But the dismissal of charges Thursday did not in any way spell the end of Omholt’s legal troubles.

    By one estimate, more than 80 charges are still pending against him, many of which stem from his suspected involvement in the string of seven armed robberies of local gas stations and markets in 2006.

    And in the case under consideration Thursday, Omholt will still be held to answer for the methamphetamine charges...


    We'll see. Will this play out like the Whitethorn Rapists? Another case of criminals get a pass while regular citizens get prosecuted?
    ***
    2009 UPDATE:
    Repeat Offenders, armed and dangerous
    ☛ TS Shotgun brandished in home invasion robbery


    Media shows up only to find Jason Warren date for today vacated

    I was there, Paul  from Mad River Union and Samantha from Channel 3.

    Now DDA Stacey Eads is prosecuting the case instead of DA Maggie Fleming. Mr. Glenn Brown appeared for himself and Mr. Kevin Robinson.

    Late this morning the date was still in the computer.

    Next court date is May 27 at 2 p.m. in Courtroom 4.

    Will Eureka get a higher minimum wage with new Council?

    At the recent Democratic Central Committee meeting someone brought forth the idea that the Fair Wage folks might be bringing the Fair Wage Act to the Eureka City Council, according to Matthew Owen.

    He asked the city this question:

    Can the Eureka City Council enact a higher minimum wage or does this have to go to a vote?


    City Clerk Pam Powell's response:

    Yes, if three councilmembers wanted to enact a minimum wage ordinances, they could adopt an ordinance.  The Mayor could veto the ordiance and then it would have to have to be enacted with a 4/5th vote.

    She added:

    They can ask a councilmember to put it on the agenda.  If three councilmembers want it on the agenda they could put it on for consideration.

    Both Jason Warren cases on court calendar today

    Both cases for Jason Warren are on for pre trial today at 2 p.m. in Courtroom 4.
    DA Maggie Fleming is prosecuting this case. Warren is represented in one case by Mr. Kevin Robinson and in the other case by Mr. Glenn Brown.

    I will have  a report later today.

    Previous post with other links:


    http://johnchiv.blogspot.com/2015/03/da-maggie-fleming-to-jason-warren.html?m=1


    DA charges Island Mountain home invasion suspect with burglary, tear gas and shooting in an inhabited dwelling

    Bret Swortzel will be arraigned this afternoon for his jury trial at 2 p.m in Courtroom 4. He is one co-defendant charged in the Island Mountain invasion. The alleged victims are Deborah Morton and her partner Douglas Eversole.

    The District Attorney is charging Swortzel in Count 1 with first degree burglary. There is a special allegation that he was allegedly armed with tear gas or a tear gas weapon. Count 2 is shooting at an inhabited dwelling.

    DDA Stacey Eads is prosecuting the case. Mr. Michael Acosta is representing Swortzel. Mr. Acosta is the attorney who got the murder charge dismissed against Benjamin Carter. Swortzel held to answer on all charges after his preliminary.

    Carter's wife and other friends were there to support Swortzel at the preliminary hearing.

    May 19, 2015

    Meth, marijuana and heroin at the Lone Pine motel and parole violation arrests

    On 05-19-2015, at approximately 11:05 a.m., deputies with the Humboldt County Sheriff’s Office conducted a probation search at the Lone Pine Motel, 912 Redwood Drive, Garberville.  The Sheriff’s Office has received numerous complaints from citizens regarding narcotics activity at this location.

    It was determined that Billy Joe Neenan (age 42) was a registered guest of the motel.  Neenan’s room was searched pursuant to his probation terms and several items of contraband were found to be in his possession.  Those items include a usable amount of suspected heroin, a usable amount of suspected methamphetamine, approximately 2.25 pounds of marijuana, digital scales, and other items of drug paraphernalia. 
    Also inside Neenan’s room was Evan Jsoren Farrell (age 22) who had two outstanding warrants for his arrest.  Both Neenan and Farrell were taken into custody without incident. 

    Neenan was transported to the Humboldt County Correctional Facility where he was booked for possession of a controlled substance, possession of drug paraphernalia, possession of over and ounce of marijuana, and probation violation.  Neenan was later released upon his own recognizance.  Farrell was booked on his warrants and his bail was set at $15,000.   



    May 18, 2015

    Bayshore Mall attacker pleads guilty, faces potentially 8 plus years in prison

    Defendant Cayla Tatum pled guilty today to four felony charges arising from her February 23rd knife attack upon Famous Footwear employee, Tuesday Kay at the Bayshore Mall.  Tatum pled guilty to two counts of felonious assault and two counts of second degree commercial burglary.  Tatum also pled guilty to resisting arrest in June 2014 and violating her deferred entry of judgment in an unrelated case in which she pled guilty to misdemeanor child abuse on May 21, 2013.

    The Honorable Timothy P. Cissna is scheduled to sentence Tatum in each of her cases on June 12, 2015 at 2 P.M.   Tatum faces a potential two years in jail for her misdemeanor crimes and six years and four months in prison for her felony crimes.

    District Attorney Press Release on Juan Ferrer verdict

    On May 18, 2015, in the case of the People of the State of California v. Juan Ferrer, the jury found the defendant guilty of voluntary manslaughter for the November 25, 2013, killing of Douglas Anderson-Jordet. The jury also found that the defendant personally used a deadly weapon, a knife, in the commission of that crime. The jury found the defendant not guilty of second degree murder. Mr. Anderson-Jordet’s family has been notified of this result and they have expressed their gratitude that the case finally has been decided by a jury.

    The case was prosecuted by Deputy District Attorney Roger C. Rees, with assistance from District Attorney Investigator Jack Bernstein and Victim/Witness Advocate Marybeth Bian. The defendant was represented throughout the proceedings by Deputy Conflict Counsel Marek Reavis.

    The scheduled sentencing date is June 15, 2015. The sentence for the crime of voluntary manslaughter with a deadly weapon has the following range: a mitigated term of four years, a middle term of seven years, and an aggravated term of twelve years in prison.