Oct 29, 2015
Twelve jurors selected in Warren case, six alternates being selected, opening arguments may start Monday
Depends on how long it takes to select the six alternates on Monday. At the end of today, Mr. Brown had finished questioning 11 of twelve alternates. People still have to question the alternates.
People still have not opposed defense motion to dismiss in Kailan Meserve case, if granted most charges will go away
The People have yet to file an opposition to defense motion in the Kailan Meserve case which will be heard on November 10.
I have a copy of the 52 page motion. If this motion is granted, there will be practically nothing left to charge Meserve with in this case.
The main argument of the 995 motion is that in the preliminary hearing, the People relied solely on the testimony of DA Investigator Kyla Baxley. The defense is claiming insufficient evidence.
I have a copy of the 52 page motion. If this motion is granted, there will be practically nothing left to charge Meserve with in this case.
The main argument of the 995 motion is that in the preliminary hearing, the People relied solely on the testimony of DA Investigator Kyla Baxley. The defense is claiming insufficient evidence.
Criminal proceedings suspended against man who assaulted an elder and dependent adult near Courthouse Market
Dressed in red since he is housed in the administrative segregation unit and bound in chains, Kristopher Jett sat silently in Courtroom 5 this morning as his attorney, Conflict Counsel's Mr. David Lee, told Judge Joyce Hinrichs, that he was declaring doubt regarding Jett and requesting a professional be appointed to evaluate Jett.
Judge Hinrichs then stated on record that Jett's attorney "has declared doubt as to his mental competency according to Penal Code 1368. Criminal proceedings in Jett's cases have been suspended."
Dr. Ramirez was appointed to evaluate Jett and if he is unavailable, Dr. Roy was appointed as an alternate.
Deputy District Attorney Jackie Pizzo was present for the People.
Oct 19 post:
Kristopher Jett was arraigned for a felony, assault on October 16 and Conflict Counsel's Mr. David Lee was appointed for him. Intervention is set for October 22, preliminary hearing for October 29.
Count 1 is assault with a deadly weapon with a special allegation of a prior conviction in Del Norte County for PC 594 (b) 1.
Count 2 Elder/Dependent abuse. The complaint alleges Jett willfully caused " an elder and dependent adult to suffer unjustifiable physical and mental suffering", the victim is James Louis Stratton. Same special allegation of prior conviction of P 594 (b) 1.
Jett also has a prior conviction from Del Norte County for PC 422 which is a special allegation for both counts.
Judge Hinrichs then stated on record that Jett's attorney "has declared doubt as to his mental competency according to Penal Code 1368. Criminal proceedings in Jett's cases have been suspended."
Dr. Ramirez was appointed to evaluate Jett and if he is unavailable, Dr. Roy was appointed as an alternate.
Deputy District Attorney Jackie Pizzo was present for the People.
Oct 19 post:
Kristopher Jett was arraigned for a felony, assault on October 16 and Conflict Counsel's Mr. David Lee was appointed for him. Intervention is set for October 22, preliminary hearing for October 29.
Count 1 is assault with a deadly weapon with a special allegation of a prior conviction in Del Norte County for PC 594 (b) 1.
Count 2 Elder/Dependent abuse. The complaint alleges Jett willfully caused " an elder and dependent adult to suffer unjustifiable physical and mental suffering", the victim is James Louis Stratton. Same special allegation of prior conviction of P 594 (b) 1.
Jett also has a prior conviction from Del Norte County for PC 422 which is a special allegation for both counts.
Oct 14, 2015
I had notified Eureka Main Street with concerns about Kristopher Jett who was just arrested for assault
Kristopher Jett has been hanging out near 3rd and I for two months. He would alternate between the parking lot on 3rd and I and the old Winzler and Kelly offices on 3rd and H, sleeping and playing loud music on his cell phone.
He would beg for money, snub if you offered change. When his behavior got more erratic, and I saw him damaging columns at the old Winzler and Kelly Office with a big knife, I notified Charlotte McDonald from Eureka Main Street two days ago. He had also been yelling with no provocation to passerbys.
EPD Press Release:
On 10/13/15 at about 8:30 p.m., Officers with the Eureka Police Department were dispatched to the 900 block of 4th Street for the report of an assault with what appeared to be a pipe.
Officers responded and found the suspect across the street waiting for officers near the entrance to the Humboldt County Correctional Facility.
The suspect was identified as Kristopher Jett, 29, transient of Crescent City.
The victim had moderate injuries to his face but declined medical attention on scene. Based on victim and witness descriptions, it was determined that Jett attacked the victim with the handle end of a golf club without reason.
Jett walked into the jail with officers and was charged with assault with a deadly weapon and parole violation.
He would beg for money, snub if you offered change. When his behavior got more erratic, and I saw him damaging columns at the old Winzler and Kelly Office with a big knife, I notified Charlotte McDonald from Eureka Main Street two days ago. He had also been yelling with no provocation to passerbys.
EPD Press Release:
On 10/13/15 at about 8:30 p.m., Officers with the Eureka Police Department were dispatched to the 900 block of 4th Street for the report of an assault with what appeared to be a pipe.
Officers responded and found the suspect across the street waiting for officers near the entrance to the Humboldt County Correctional Facility.
The suspect was identified as Kristopher Jett, 29, transient of Crescent City.
The victim had moderate injuries to his face but declined medical attention on scene. Based on victim and witness descriptions, it was determined that Jett attacked the victim with the handle end of a golf club without reason.
Jett walked into the jail with officers and was charged with assault with a deadly weapon and parole violation.
Call regarding theft of mail results in meth, marijuana and firearm bust
On 10-27-2015 Mendocino County Deputies were dispatched to the 6000 block of Ridgewood Road regarding the theft of mail from a roadside mailbox.
As Deputies were responding to the area they were provided a description of the suspect vehicle seen by a witness.
Deputies located the suspect vehicle at which time they conducted an investigative stop.
As they contacted the driver of the vehicle they noted a very strong odor of marijuana emitting from within the vehicle. They were also able to determine that one of the occupants of the vehicle had two No-Bail out of county arrest warrants.
During a more thorough search of the vehicle Deputies located heroin, methamphetamine, marijuana, a firearm, stolen mail from local mailboxes and pry tools used to pry open locks/doors.
The following persons contacted inside the vehicle were arrested and transported to the Mendocino County Jail:
1- Caroline Kendzior (the driver) was placed under arrest for possession of a controlled substance, transportation of a controlled substance, possession of a firearm while in possession of a controlled substance, possession of stolen property, possession of a controlled substance for sale and transportation of a controlled substance for sale. She was booked into the Mendocino County Jail to be held in lieu of $35,000.00 bail.
2- Claude Turman was placed under arrest for possession of ammunition by a felon, possession of a controlled substance for sale, felon in possession of a firearm, possession of a firearm while in possession of a controlled substance and an two outstanding out of county arrest warrants (possession of controlled substance and felon in possession of ammunition). He was booked into the Mendocino County Jail to be held without bond pending transport to Contra Costa County in regards to the arrest warrants.
3- John Ruybal was placed under arrest for possession of stolen property, possession of a controlled substance for sale, violation of probation and possession of burglary tools. He was booked into the Mendocino County Jail to be held in lieu of $25,000.00 bail.
As Deputies were responding to the area they were provided a description of the suspect vehicle seen by a witness.
Deputies located the suspect vehicle at which time they conducted an investigative stop.
As they contacted the driver of the vehicle they noted a very strong odor of marijuana emitting from within the vehicle. They were also able to determine that one of the occupants of the vehicle had two No-Bail out of county arrest warrants.
During a more thorough search of the vehicle Deputies located heroin, methamphetamine, marijuana, a firearm, stolen mail from local mailboxes and pry tools used to pry open locks/doors.
The following persons contacted inside the vehicle were arrested and transported to the Mendocino County Jail:
1- Caroline Kendzior (the driver) was placed under arrest for possession of a controlled substance, transportation of a controlled substance, possession of a firearm while in possession of a controlled substance, possession of stolen property, possession of a controlled substance for sale and transportation of a controlled substance for sale. She was booked into the Mendocino County Jail to be held in lieu of $35,000.00 bail.
2- Claude Turman was placed under arrest for possession of ammunition by a felon, possession of a controlled substance for sale, felon in possession of a firearm, possession of a firearm while in possession of a controlled substance and an two outstanding out of county arrest warrants (possession of controlled substance and felon in possession of ammunition). He was booked into the Mendocino County Jail to be held without bond pending transport to Contra Costa County in regards to the arrest warrants.
3- John Ruybal was placed under arrest for possession of stolen property, possession of a controlled substance for sale, violation of probation and possession of burglary tools. He was booked into the Mendocino County Jail to be held in lieu of $25,000.00 bail.
Jason Warren's juvenile record to be offerred in jury trial for limited purpose regarding his mental state
Jury selection is still going on in the Jason Warren case. Right before the mid morning break, Judge Timothy Cissna told the jury pool thatvthe break would be a bit longer to privately meetvwith a juror who just took the stand minutes ago. They will also recess a few minutes early before noon today.
One juror was excused due to her honesty about viewing graphic evidence in this case. Motions for evidence were held in a closed courtroom, however during the questioning of a couple jurors, references were to admission of Warren's prior from 2001, when he would have been 17 years old. According to an article in Two Rivers Tribune, Warren was convicted of a felony, attempted murder in 2001.
One juror was excused due to her honesty about viewing graphic evidence in this case. Motions for evidence were held in a closed courtroom, however during the questioning of a couple jurors, references were to admission of Warren's prior from 2001, when he would have been 17 years old. According to an article in Two Rivers Tribune, Warren was convicted of a felony, attempted murder in 2001.
Oct 28, 2015
Markis Shirley dropped his stuff including an used condom when he fled the hotel after the alleged rape
Nathan King, glared at Markis Shirley when he took the stand and a few times during his testimony. He said Jane Doe was his ex-girlfriend and good friend. He met her over a year ago. His testimony was pretty much the same as Doe's except she said Shirley came over around 1 or 2 a.m. and King said more like 3:30 or 4. He also said he initially asked the night manager to call the police while he was in pursuit of Shirley but then told him to wait until he talked to Doe. He said that he when he opened the door and Jane Doe yelled rape, he shut the door. He broke down on the stand as he was saying that he realized what had happened. He said Shirley came out the door, had no pants on, jacket and shoes in his hand and that Shirley dropped these and an used condom while fleeing.
He said he convinced Jane Doe to call the police and told her, "You are not going to get in trouble for being an escort. You need to call the police, what this guy did is dead wrong."
King said when he did not get any response from Doe via text or his calls, it was about 15 minutes until he got to the hotel and knocked on her door.
Detective Ron Harpham described getting the call at 6:35 a.m., how he was asked for assistance by Officer Corsetti and he arrived at Days Inn from his home around 7 a.m. He was briefed by Officer Corsetti, then Officer Andrew Endsley, who was the primary officer on the scene and who was guarding the evidence in the hallway and the room. Detective Harpham said he asked Jane Doe to go into the room because there were a lot of items and piles of clothes and he needed her assistance in identifying relevant evidence to gather and photograph and for her to tell him what happened. Detective Harpham described in detail how he collected and secured evidence and where the items he saw were located and what he found. He said Jane Doe told him, her "panties were removed by force."
"The southwest corner of the bed was smeared with mascara which matched the makeup on her face," said Detective Harpham. "She said that was from her face being pushed down when she was on her stomach."
A wallet containing an ID with Shirley's picture and two other ID cards identifying him were found. He said the victim's story was very consistent with what she told him at the hotel and later at the station when he took her statement.
After developing probable cause, he put out a be on the lookout for Shirley. On October 13, an EPD officer recognized him and Shirley fled when the officer told him, "It's time for you to come in", to which Shirley replied, "I'm not ready" and started running. This was near Buhne and Summer. Shirley was apprehended by four police officers near California Street. Even after he was in cuffs, he kept kicking at the officers and had to be restrained and taken into custody. Shirley was laughing in court as Detective Harpham was testifying about him being arrested.
Detective Harpham said there was no semen found in the condom or any fresh semen on the clothes.
He said he convinced Jane Doe to call the police and told her, "You are not going to get in trouble for being an escort. You need to call the police, what this guy did is dead wrong."
King said when he did not get any response from Doe via text or his calls, it was about 15 minutes until he got to the hotel and knocked on her door.
Detective Ron Harpham described getting the call at 6:35 a.m., how he was asked for assistance by Officer Corsetti and he arrived at Days Inn from his home around 7 a.m. He was briefed by Officer Corsetti, then Officer Andrew Endsley, who was the primary officer on the scene and who was guarding the evidence in the hallway and the room. Detective Harpham said he asked Jane Doe to go into the room because there were a lot of items and piles of clothes and he needed her assistance in identifying relevant evidence to gather and photograph and for her to tell him what happened. Detective Harpham described in detail how he collected and secured evidence and where the items he saw were located and what he found. He said Jane Doe told him, her "panties were removed by force."
"The southwest corner of the bed was smeared with mascara which matched the makeup on her face," said Detective Harpham. "She said that was from her face being pushed down when she was on her stomach."
A wallet containing an ID with Shirley's picture and two other ID cards identifying him were found. He said the victim's story was very consistent with what she told him at the hotel and later at the station when he took her statement.
After developing probable cause, he put out a be on the lookout for Shirley. On October 13, an EPD officer recognized him and Shirley fled when the officer told him, "It's time for you to come in", to which Shirley replied, "I'm not ready" and started running. This was near Buhne and Summer. Shirley was apprehended by four police officers near California Street. Even after he was in cuffs, he kept kicking at the officers and had to be restrained and taken into custody. Shirley was laughing in court as Detective Harpham was testifying about him being arrested.
Detective Harpham said there was no semen found in the condom or any fresh semen on the clothes.
"He was upset with me because I could not get wet in his words, he said it would go quicker but I couldn't because I was being raped"
Jane Doe, a 33 year old, who has lived in Eureka for two years took the stand today to testify about her alleged rape by Markis Shirley. Before she took the stand, she seemed extremely nervous, holding hands with her friend Nathan King.
She told Deputy District Attorney Stacey Eads that she made a living "trimming" and "escorting" via a website. On October 4, Jane Doe got a text message from a "potential client." He told her he got her number and "wanted to meet up." She told him where she was staying, which was at the Days Inn in Eureka. She had never met this client before. She told him she would meet him in the parking lot and then have him come up to her room. Jane Doe said her "on and off again" boyfriend, King, who is a good friend was with her when she received the first text message. Her friend left and went to Denny's to wait for her. She said her friend and she had a routine. She would text him if she had received the money and it was safe. If not, he would know something was wrong.
She said she met the client in the parking lot, brought him up to her room. They chatted for a minute. She asked for the money. As the client reached in his pocket, she sent a text to her friend. The client then informed her he had lost the money. She sent another text to King, saying, "Wait." As the client was getting ready to leave, she said to him, "maybe another time.' He opened the door a bit as if he was going to leave and then shut the door. She identified Shirley as that client.
Jane Doe said, "I just knew I was in trouble. He jumped towards me," she said he had a sharp object that he held to her side. She said she could not see the object but Shirley held it against "me. I felt it puncturing my skin." She said this was on her lower right side above her hip.
DDA Eads: "Did he say anything to you?"
Jane Doe: "He said I had to listen to him or he is going to cut me. To just do what he said."
Jane Doe said Shirley grabbed her legs and threw her on the bed. She was lying on her back. He ripped off her pants and "my panties." He told her to remove her bra and top and was yelling at her. She said even though he was holding the sharp object in one hand, the way he was holding it, he could use both hands. Shirley kept telling her, "I will cut you."
"He got on top of me. I begged him to at least put on a condom. It was important even though I was scared and he did." He made her kiss him and then he flipped her over and "he did penetrate me. Before he penetrated me, he performed oral sex on me as I was crying."
DDA Eads: "Did his tongue penetrate your vagina?"
Jane Doe: "Yes" She said this softly and was crying on the stand as she said it.
"I was lying on my back, he spread my legs, after he was done, he flipped me over, put condom on, he first penetrated me while I was on my back, then he flipped me over. I felt the knife again on my back. He was telling me do I like to be cut, if I was a good girl he wouldn;t cut me, if I'd stop crying it would be over quicker."
She said Shirley took off his pants and underwear but kept his shirt on during sex.
DDA Eads: "Why did you tell him to put a condom on?"
Jane Doe: "If I didn't have a choice to change the situation, I didn't want to get a disease or pregnant by this person raping me. It was the one thing I could control."
"He was upset with me because I could not get wet in his words, he said it would go quicker but I couldn't because I was being raped."
He lept talking and pushing her face into the blankets. If she tried to talk, Shirley pushed her face down into the bed."
Her phone kept ringing while he was raping her. "He stopped at one point and asked me who is this calling?" Jane Doe said that is when her friend knocked on the door. She said Markis had her cell phone and he held it up to her and said you tell him to leave or I will cut him too."
On the phone, King asked her, "What is going on? Is everything okay?"
"I was trying to say I was okay" but she said her friend could tell from her voice something was wrong. "Nathan said you are not okay. I'm coming in."
She said when her friend opened the door, she had yelled "Rape, Rape, please help me." hoping the night manager or someone else would hear her.
At this point a woman in the audience who knew Shirley interrupted with a comment. Judge Reinholtsen admonished her.
King had a key and he tried to open the door "but Markis had latched it." She said Shirley had the knife pressed against her neck and was telling her to get her friend to leave. "When Nathan opened the door, Markis grabbed his stuff," Jane Doe said she took that opportunity to unlatch the door. "Markis fled the room" and her friend took off after him.
"I sat on the floor and cried," said Jane Doe. She waited for her friend to come back and he told her to call the police. "I was scared to call the police because of my profession," she said. Her friend talked to her and he called the police and she spoke with the 911 operator.
"Before the police officer came, I came up with a cover lie so it wouldn't look like I was prostituting," said Jane Doe. "The story was she was in the parking lot, Shirley was at the bus stop, she invited him to "smoke weed and that's when he attacked me. That is the story I gave the police officer."
She said later when she spoke to Detective Ron Harpham, when he was taking pictures in her hotel room, that is when she told him the truth. Before the police arrived, Jane Doe said she put "her weed and weed bong away."
Asked to describe her injuries, she said she had a "scrape from his knife on her neck, a not so prominent injury on her side" and when she was medically examined, she had "some ripping and tearing to her vagina."
Jane Doe told Ms. Eads that she did not initially tell the police about text messages Shirley had sent her about wanting his stuff back. He had left some things behind in the room and others he had dropped while fleeing in the hallway. She said she told him no and that he would have to deal with the police. She said "he made a joke like I really wanted the police to know what I did for a living."
During cross, Mr. David Lee, Shirley's court appointed attorney asked her if she was living at or using hotels for work and she said both, while trying to save money for a place.
There were no specifics stated on the website about services or amounts, no specifics discussed in text messages, $300 was the amount discussed and that she offered him weed before asking for money but not sure he smoked any.
"If Mr. Shirley had the $300, you would have consented," asked Mr. Lee.
"Yes," said Jane Doe.
She answered a question by Mr. Lee saying that the last time she had penetrative sex before Shirley came over was more than 24 hours and that it was not rough. That while she gave King money for gas or if he needed money, he was just her friend making sure she was safe, denying Mr. Lee's insinuation that they had any arrangement for a cut.
She said she did not see the sharp object when Shirley fled and nothing was found in the hallway.
http://johnchiv.blogspot.com/2015/10/markis-shirley-held-to-answer-on.html
She told Deputy District Attorney Stacey Eads that she made a living "trimming" and "escorting" via a website. On October 4, Jane Doe got a text message from a "potential client." He told her he got her number and "wanted to meet up." She told him where she was staying, which was at the Days Inn in Eureka. She had never met this client before. She told him she would meet him in the parking lot and then have him come up to her room. Jane Doe said her "on and off again" boyfriend, King, who is a good friend was with her when she received the first text message. Her friend left and went to Denny's to wait for her. She said her friend and she had a routine. She would text him if she had received the money and it was safe. If not, he would know something was wrong.
She said she met the client in the parking lot, brought him up to her room. They chatted for a minute. She asked for the money. As the client reached in his pocket, she sent a text to her friend. The client then informed her he had lost the money. She sent another text to King, saying, "Wait." As the client was getting ready to leave, she said to him, "maybe another time.' He opened the door a bit as if he was going to leave and then shut the door. She identified Shirley as that client.
Jane Doe said, "I just knew I was in trouble. He jumped towards me," she said he had a sharp object that he held to her side. She said she could not see the object but Shirley held it against "me. I felt it puncturing my skin." She said this was on her lower right side above her hip.
DDA Eads: "Did he say anything to you?"
Jane Doe: "He said I had to listen to him or he is going to cut me. To just do what he said."
Jane Doe said Shirley grabbed her legs and threw her on the bed. She was lying on her back. He ripped off her pants and "my panties." He told her to remove her bra and top and was yelling at her. She said even though he was holding the sharp object in one hand, the way he was holding it, he could use both hands. Shirley kept telling her, "I will cut you."
"He got on top of me. I begged him to at least put on a condom. It was important even though I was scared and he did." He made her kiss him and then he flipped her over and "he did penetrate me. Before he penetrated me, he performed oral sex on me as I was crying."
DDA Eads: "Did his tongue penetrate your vagina?"
Jane Doe: "Yes" She said this softly and was crying on the stand as she said it.
"I was lying on my back, he spread my legs, after he was done, he flipped me over, put condom on, he first penetrated me while I was on my back, then he flipped me over. I felt the knife again on my back. He was telling me do I like to be cut, if I was a good girl he wouldn;t cut me, if I'd stop crying it would be over quicker."
She said Shirley took off his pants and underwear but kept his shirt on during sex.
DDA Eads: "Why did you tell him to put a condom on?"
Jane Doe: "If I didn't have a choice to change the situation, I didn't want to get a disease or pregnant by this person raping me. It was the one thing I could control."
"He was upset with me because I could not get wet in his words, he said it would go quicker but I couldn't because I was being raped."
He lept talking and pushing her face into the blankets. If she tried to talk, Shirley pushed her face down into the bed."
Her phone kept ringing while he was raping her. "He stopped at one point and asked me who is this calling?" Jane Doe said that is when her friend knocked on the door. She said Markis had her cell phone and he held it up to her and said you tell him to leave or I will cut him too."
On the phone, King asked her, "What is going on? Is everything okay?"
"I was trying to say I was okay" but she said her friend could tell from her voice something was wrong. "Nathan said you are not okay. I'm coming in."
She said when her friend opened the door, she had yelled "Rape, Rape, please help me." hoping the night manager or someone else would hear her.
At this point a woman in the audience who knew Shirley interrupted with a comment. Judge Reinholtsen admonished her.
King had a key and he tried to open the door "but Markis had latched it." She said Shirley had the knife pressed against her neck and was telling her to get her friend to leave. "When Nathan opened the door, Markis grabbed his stuff," Jane Doe said she took that opportunity to unlatch the door. "Markis fled the room" and her friend took off after him.
"I sat on the floor and cried," said Jane Doe. She waited for her friend to come back and he told her to call the police. "I was scared to call the police because of my profession," she said. Her friend talked to her and he called the police and she spoke with the 911 operator.
"Before the police officer came, I came up with a cover lie so it wouldn't look like I was prostituting," said Jane Doe. "The story was she was in the parking lot, Shirley was at the bus stop, she invited him to "smoke weed and that's when he attacked me. That is the story I gave the police officer."
She said later when she spoke to Detective Ron Harpham, when he was taking pictures in her hotel room, that is when she told him the truth. Before the police arrived, Jane Doe said she put "her weed and weed bong away."
Asked to describe her injuries, she said she had a "scrape from his knife on her neck, a not so prominent injury on her side" and when she was medically examined, she had "some ripping and tearing to her vagina."
Jane Doe told Ms. Eads that she did not initially tell the police about text messages Shirley had sent her about wanting his stuff back. He had left some things behind in the room and others he had dropped while fleeing in the hallway. She said she told him no and that he would have to deal with the police. She said "he made a joke like I really wanted the police to know what I did for a living."
During cross, Mr. David Lee, Shirley's court appointed attorney asked her if she was living at or using hotels for work and she said both, while trying to save money for a place.
There were no specifics stated on the website about services or amounts, no specifics discussed in text messages, $300 was the amount discussed and that she offered him weed before asking for money but not sure he smoked any.
"If Mr. Shirley had the $300, you would have consented," asked Mr. Lee.
"Yes," said Jane Doe.
She answered a question by Mr. Lee saying that the last time she had penetrative sex before Shirley came over was more than 24 hours and that it was not rough. That while she gave King money for gas or if he needed money, he was just her friend making sure she was safe, denying Mr. Lee's insinuation that they had any arrangement for a cut.
She said she did not see the sharp object when Shirley fled and nothing was found in the hallway.
http://johnchiv.blogspot.com/2015/10/markis-shirley-held-to-answer-on.html
Did you feel the earth move 29 minutes ago?
Earthauake. com reports 29 minutes ago 3.4 magnitude 23 km depth earthquake in Arcata. Just felt one shake in Old Town downstairs.
Del Norte man pleads guilty and gets 25 years in prison for assault with a firearm on police officer
Brandon Proctor was facing life.
Today, Proctor pleaded guilty to PC245(d)(1) with a 20 year 12022.53(c) enhancement, and a 1 year prior prison term, for a total of 25 years.
David Cardy pleaded guilty to VC10851, PC245(a)(1), and VC2800.2, for 4 years.
Oct 21, 2015
Del Norte officer pursuing two suspects has an object pointed at him followed by muzzle flash, one suspect charged with attempted murder
This is from Officer Aaron Pettis' report of the incident: On March 19, he was on patrol in a marked vehicle travelling northbound on Northcrest Drive. He stopped at a red light at the intersection of Washington Boulevard and Northcrest Drive. Officer Pettis noticed a white sedan travelling southbound occupied by David Cardy and an unknown passenger. Cardy drove through the red light. Officer Pettis followed the sedan to make a traffic enforcement stop. Pursuit ensued and Cardy drove in excess of 100 mph. The passenger leaned out and pointed an object at Officer Pettis which looked like a firearm. Then there was muzzle flash. Officer Pettis followed the sedan and eventaully, the occupants jumped out and fled. There was a shotgun and shell casings found in the sedan. A passerby said that he had seen the passenger carrying a rifle. Cardy was arrested later that day.
Cardy is charged with PC 664/187 Attempted murder and VC 10851 Theft and Unlawful Taking or Driving of a Vehicle.
The passenger, Brandon Proctor, was arrested on March 25. He is charged with PC 21310 Carrying a Concealed Dirk/Dagger. He was arrested for outstanding parole warrants.
During a search, law enforcement found "a small knife attached to a necklace" under Proctor's clothing. The blade was approximately 2 inches. Two other knives were found in his front pocket. Mr. Ben McLaughlin is representing Proctor.
Cardy is charged with PC 664/187 Attempted murder and VC 10851 Theft and Unlawful Taking or Driving of a Vehicle.
The passenger, Brandon Proctor, was arrested on March 25. He is charged with PC 21310 Carrying a Concealed Dirk/Dagger. He was arrested for outstanding parole warrants.
During a search, law enforcement found "a small knife attached to a necklace" under Proctor's clothing. The blade was approximately 2 inches. Two other knives were found in his front pocket. Mr. Ben McLaughlin is representing Proctor.
Markis Shirley held to answer on forcible rape charge; he laughed as victim tearfully testified about her being brutally raped him
A preliminary hearing for Markis Shirley was held this morning. He is charged with one count of forcible rape.
After testimony by the victim, her friend and EPD detective Ron Harpham, Judge Dale Reinholtsen held Shirley to answer on the charge of forcible rape.
Arraignment on information will be November 12 at 2 p.m.
DDA Stacey Eads subbed in for her colleague Ms. Brie Bennett. Conflict Counsel's Mr. David Lee is representing Shirley. The investigating officer is EPD's Detective Ron Harpham.
The victim, Jane Doe testified this morning, followed by her friend, Nathan King, and the preliminary hearing was continued to this afternoon at 2:30 to wrap up with Detective Ron Harpham's testimony. Two victim witness representatives were in court this morning as was an unidentified older African-American lady, known to Shirley, who interrupted Doe's testimony and was admonished by Judge Dale Reinholtsen. Four other supporters for Shirley showed up in the afternoon.
Race was not brought up by the People but in his cross, Mr. Lee asked Jane Doe about Shirley being African American and her being Caucasian. This was in reference to how Shirley and,Jane Doe met. The victim is an escort and also trims for a living. According to her, Shirley came to her hotel room as a potential client, he did not have the money and instead of leaving, he allegedly raped her. Jane Doe said race was not an issue as long as the client was clean cut and treated her with respect.
Before court started, Mr. Lee talked with Shirley and asked if he would plead to the rape charge, Shirley refused.
Ms. Eads said that the People intended to provide additional evidence and add/amend charges to include criminal threats, false imprisonment, resisting arrest and a special allegation of use of a deadly weapon other than a firearm. This was so that the People have the opton of filing additional charges for jury trial. Judge Reinholtsen said if the evidence is shown, the District Attorney's office can file additional charges.
Today's testimony opened the door for that possibility.
The victim testified how Shirley threw her on the bed, forced her face into the bed when she tried to speak, threatened to cut her unless she was a good girl". She broke down on the stand.
Shirley laughed during points of her testimony and again, when Detective Harpham testified about Shirley being apprehended and resisting arrest.
I will have posts later with detailed testimony from the witnesses.
After testimony by the victim, her friend and EPD detective Ron Harpham, Judge Dale Reinholtsen held Shirley to answer on the charge of forcible rape.
Arraignment on information will be November 12 at 2 p.m.
DDA Stacey Eads subbed in for her colleague Ms. Brie Bennett. Conflict Counsel's Mr. David Lee is representing Shirley. The investigating officer is EPD's Detective Ron Harpham.
The victim, Jane Doe testified this morning, followed by her friend, Nathan King, and the preliminary hearing was continued to this afternoon at 2:30 to wrap up with Detective Ron Harpham's testimony. Two victim witness representatives were in court this morning as was an unidentified older African-American lady, known to Shirley, who interrupted Doe's testimony and was admonished by Judge Dale Reinholtsen. Four other supporters for Shirley showed up in the afternoon.
Race was not brought up by the People but in his cross, Mr. Lee asked Jane Doe about Shirley being African American and her being Caucasian. This was in reference to how Shirley and,Jane Doe met. The victim is an escort and also trims for a living. According to her, Shirley came to her hotel room as a potential client, he did not have the money and instead of leaving, he allegedly raped her. Jane Doe said race was not an issue as long as the client was clean cut and treated her with respect.
Before court started, Mr. Lee talked with Shirley and asked if he would plead to the rape charge, Shirley refused.
Ms. Eads said that the People intended to provide additional evidence and add/amend charges to include criminal threats, false imprisonment, resisting arrest and a special allegation of use of a deadly weapon other than a firearm. This was so that the People have the opton of filing additional charges for jury trial. Judge Reinholtsen said if the evidence is shown, the District Attorney's office can file additional charges.
Today's testimony opened the door for that possibility.
The victim testified how Shirley threw her on the bed, forced her face into the bed when she tried to speak, threatened to cut her unless she was a good girl". She broke down on the stand.
Shirley laughed during points of her testimony and again, when Detective Harpham testified about Shirley being apprehended and resisting arrest.
I will have posts later with detailed testimony from the witnesses.
Oct 15, 2015
$150, 000 bail set for sexual assault suspect Markis Shirley, he mouths "wtf" in court
Markis was just arraigned in Courtroom 5. On the new felony, sexual assault charge, the bail was set at $150,000.
There is one count in the new case which is rape by force/violence and duress. PC 261 (a) 2.
He also has other cases.
DDA Brie Bennett prosecuting. Conflict Counsel's Mr. Greg Elvine-Kreis representing Shirley.
A woman was in court to support Shirley. She was admonished by bailiff for trying to talk to him. Shirley mouthed "wtf" to her later as bail was set and he was being served with a CLETS order in court.
Markis also has other pending cases with charges that include taking a vehicle without an owner's consent, driving with a suspended and revoked license and failure to provide evidence of financial responsibility.
Update:
There is one count in the new case which is rape by force/violence and duress. PC 261 (a) 2.
He also has other cases.
DDA Brie Bennett prosecuting. Conflict Counsel's Mr. Greg Elvine-Kreis representing Shirley.
A woman was in court to support Shirley. She was admonished by bailiff for trying to talk to him. Shirley mouthed "wtf" to her later as bail was set and he was being served with a CLETS order in court.
Markis also has other pending cases with charges that include taking a vehicle without an owner's consent, driving with a suspended and revoked license and failure to provide evidence of financial responsibility.
Update:
On 10/13/15 at about 10:29 a.m., an Officer with the Eureka Police Department spotted Markis Shirley walking near the 2500 block of Union Street. After a quick foot pursuit, Shirley was taken into custody near the 2500 block of California Street.
Shirley was transported to the Humboldt County Correctional Facility and booked for sexual assault.
Original Press Release:
On 10-4-2015, at about 0555 hours, Eureka Police Officers responded to a locale downtown motel for a report of a rape that just occurred. Investigators have developed probable cause to arrest Markis Shirley for the sexual assault. If any person has information where Shirley is located call EPD Dispatch Center at 441-4044. If any person has information about this crime please contact Detective Harpham at 441-4305.
Shirley is described as a BMA, about 6’1”, 135 lbs with black hair and brown eyes.
Former Miss Hoopa arraigned for four counts of alleged abuse including abnormal sexual interest in children
21 year old Kayla Brown, former Miss Hoopa, charged with four counts of alleged sexual abuse against a minor victim under the age of 16 years was arraigned this afternoon. Deputy District Attorney Brie Bennett is prosecuting the case. Mr. Ben McLaughlin is representing Brown. Today, Rebecca Linkous appeared on behalf of Mr. McLaughlin in court.
DDA Roger Rees appeared for his colleague, Ms. Bennett. Ms. Linkous said that the defense is "in active negotiations" with Ms. Bennett, case may resolve. Next court date is November 18 for setting.
Brown was arraigned on with four counts. Count 1 Abnormal Sexual Interest in Children and arranging a meeting for that purpose PC 288.4 (b); Meeting a Minor for lewd purposes.
The complaint alleges that, "a felony was committed by Kayla Muriel Brown, who did unlawfully and motivated by an unnatural and abnormal sexual interest in children, arrange a meeting with Jane Doe, a minor and a person defendant believed to be a minor, for the purpose of exposing the genitals and public and rectal area of Jane Doe and defendant and to engage in lewd and lascivious behavior and did go to the arranged meeting place at and about the arranged time."
Count 2 Sexual penetration with a foreign object; [289.(i) any person over the age of 21 years who participates in an act of sexual penetration with another person who is under 16 years of age shall be guilty of a felony]
Count 3 288.3 (a) [288.3. (a) Every person who contacts or communicates with a minor, or attempts to contact or communicate with a minor, who knows or reasonably should know that the person is a minor, with intent to commit an offense specified in Section 207, 209, 261, 264.1, 273a, 286, 288, 288a, 288.2, 289, 311.1, 311.2, 311.4 or 311.11 involving the minor shall be punished by imprisonment in the state prison for the term prescribed for an attempt to commit the intended offense]
Count 4 PC 647.6 (a) which is child molestation/annoying a child.
DDA Roger Rees appeared for his colleague, Ms. Bennett. Ms. Linkous said that the defense is "in active negotiations" with Ms. Bennett, case may resolve. Next court date is November 18 for setting.
Brown was arraigned on with four counts. Count 1 Abnormal Sexual Interest in Children and arranging a meeting for that purpose PC 288.4 (b); Meeting a Minor for lewd purposes.
The complaint alleges that, "a felony was committed by Kayla Muriel Brown, who did unlawfully and motivated by an unnatural and abnormal sexual interest in children, arrange a meeting with Jane Doe, a minor and a person defendant believed to be a minor, for the purpose of exposing the genitals and public and rectal area of Jane Doe and defendant and to engage in lewd and lascivious behavior and did go to the arranged meeting place at and about the arranged time."
Count 2 Sexual penetration with a foreign object; [289.(i) any person over the age of 21 years who participates in an act of sexual penetration with another person who is under 16 years of age shall be guilty of a felony]
Count 3 288.3 (a) [288.3. (a) Every person who contacts or communicates with a minor, or attempts to contact or communicate with a minor, who knows or reasonably should know that the person is a minor, with intent to commit an offense specified in Section 207, 209, 261, 264.1, 273a, 286, 288, 288a, 288.2, 289, 311.1, 311.2, 311.4 or 311.11 involving the minor shall be punished by imprisonment in the state prison for the term prescribed for an attempt to commit the intended offense]
Count 4 PC 647.6 (a) which is child molestation/annoying a child.
Sep 22, 2015
Former Miss Hoopa charged with alleged abuse of female minor waives preliminary hearing
Today, a preliminary hearing was scheduled for Kayla Brown, the former Miss Hoopa charged with alleged abuse of a minor female victim.
Brown was in court with her attorney, Mr. Ben McLaughlin and members of her family.
The victim and her family were not in court but present in the building.
Visiting Judge Thomas Breen was calling the calendar today in Courtroom 8.
DDA Brie Bennett is prosecuting the case.
Brown waived her right to a preliminary hearing today. She also waived time for arraignment.
Discussions about a possible resolution are occurring and the case may resolve before arraignment.
Arraignment on information is scheduled for October 28 at 2 p.m. in Courtroom 1.
No other media was in court this morning.
Brown was in court with her attorney, Mr. Ben McLaughlin and members of her family.
The victim and her family were not in court but present in the building.
Visiting Judge Thomas Breen was calling the calendar today in Courtroom 8.
DDA Brie Bennett is prosecuting the case.
Brown waived her right to a preliminary hearing today. She also waived time for arraignment.
Discussions about a possible resolution are occurring and the case may resolve before arraignment.
Arraignment on information is scheduled for October 28 at 2 p.m. in Courtroom 1.
No other media was in court this morning.
HSU student arraigned for forcible rape
Today, Andrew Stone was arraigned for jury trial in Courtroom 5 for one count of Forcible Rape only against one victim. If he is found guilty, the sentencing range is three, six or eight years in state prison. It is considered a violent felony under California law, so it is a "strike" under the Three Strikes law and the defendant would have to serve 85% of any prison sentence imposed before becoming eligible for parole.
Ms. Kathleen Bryson is representing Stone. Deputy District Attorney Brie Bennett prosecuting the case. Today, DDA Roger Rees subbed in for his colleague.
Before the preliminary hearing, Andrew Stone, a student at HSU was charged with Count 1 forcible rape against Jane Doe, also a HSU student, Count 2 sexual penetration by a foreign object against Jane Doe and Count 3 forcible rape of Jane Roe, also a HSU student. Each count had a special allegation that there was more than one victim. After testimony ended in the preliminary hearing, Ms. Bennett acknowledged no evidence had been provided for Count 2. Stone was held to answer to Count 1 and 3. Stone was not held to answer on the special allegations l. Judge Feeney said that that in the probable cause hearing, the People had met their burden of proof and reasonable guilt was shown.
Links:
http://johnchiv.blogspot.com/2015/10/he-said-he-could-make-me-feel-really.html
http://johnchiv.blogspot.com/2015/10/i-told-him-i-didnt-want-it-to-happen.html
Ms. Kathleen Bryson is representing Stone. Deputy District Attorney Brie Bennett prosecuting the case. Today, DDA Roger Rees subbed in for his colleague.
Before the preliminary hearing, Andrew Stone, a student at HSU was charged with Count 1 forcible rape against Jane Doe, also a HSU student, Count 2 sexual penetration by a foreign object against Jane Doe and Count 3 forcible rape of Jane Roe, also a HSU student. Each count had a special allegation that there was more than one victim. After testimony ended in the preliminary hearing, Ms. Bennett acknowledged no evidence had been provided for Count 2. Stone was held to answer to Count 1 and 3. Stone was not held to answer on the special allegations l. Judge Feeney said that that in the probable cause hearing, the People had met their burden of proof and reasonable guilt was shown.
Links:
http://johnchiv.blogspot.com/2015/10/he-said-he-could-make-me-feel-really.html
http://johnchiv.blogspot.com/2015/10/i-told-him-i-didnt-want-it-to-happen.html
Oct 27, 2015
Betty's vision to help the homeless expands with plans for another building, transitional housing for families and a place for homeless patients to recover
I contacted and just spoke with David Tyson, Treasurer and Board Member of the Betty Kwan Chinn Homeless Foundation. Two days I did a brief post on expansion of Betty's vision to help the homeless.
"The Foundation and Builder's Exchange have been in negotiations for several months. There has been a purchase agreement and price agreed upon by both parties; we are waiting signatures on the purchase agreement, " said Mr. Tyson.
"We are in the process of raising money. We have a period of time before Builder's Exchange vacates the building."
The cost of purchasing the building is $350,000 and there will be some renovation costs.
Originally, the Foundation was looking for the building to be used only for transitional housing. As the Foundation and Betty got further along in the process, they decide to use the second floor for transitional housing, which should accommodate 14 families. The first floor will be used for a similar program that Catholic Charities does in Santa Rosa called the Nightingale program. Homless patients that are discharged from the hospital have a place to recover and rehabilitate.
"The Foundation and Builder's Exchange have been in negotiations for several months. There has been a purchase agreement and price agreed upon by both parties; we are waiting signatures on the purchase agreement, " said Mr. Tyson.
"We are in the process of raising money. We have a period of time before Builder's Exchange vacates the building."
The cost of purchasing the building is $350,000 and there will be some renovation costs.
Originally, the Foundation was looking for the building to be used only for transitional housing. As the Foundation and Betty got further along in the process, they decide to use the second floor for transitional housing, which should accommodate 14 families. The first floor will be used for a similar program that Catholic Charities does in Santa Rosa called the Nightingale program. Homless patients that are discharged from the hospital have a place to recover and rehabilitate.
Oct 26, 2015
Help Betty Chinn in her effort to house 14 families
Betty Chinn plans to purchase the building next to her Betty Kwan Chinn Day Center to offer transitional housing for 14 families. Funds need to be raised, future fundraiser planned. More details will be available later.
"Everyone on the streets knows who did it", Source close to man shot at Watson and F alludes to pot as motive
Eliot Michael Walin, was known as Eli to his friends.
Michael Acosta, who represented Eli in his 2013 cases and considered him a friend called his death tragic. He leaves behind his young daughter, Elliot, named after him and a mother and sister who are very close.
Eli did serve time in prison, he had a few cases in the Humboldt Superior Court system, the most recent being the 2013 charges against him for assault on Deputy Conan Moore. He plead to one charge but had another similar charge dismissed. He also had two misdemeanor assault and bettery cases in 2013, one against an Andrew Lee Cross dismissed.
"He was trying to turn his life around," Mr. Acosta told me this morning.
A source close to Eli who wishes to remain unnamed, said as far as he knows Eli was unarmed, has heard different versions of whether he was shot in the back or the chest and alluded to "pot" as a motive. "Everyone on the streets knows who did it."
Updated EPD Press Release:
Michael Acosta, who represented Eli in his 2013 cases and considered him a friend called his death tragic. He leaves behind his young daughter, Elliot, named after him and a mother and sister who are very close.
Eli did serve time in prison, he had a few cases in the Humboldt Superior Court system, the most recent being the 2013 charges against him for assault on Deputy Conan Moore. He plead to one charge but had another similar charge dismissed. He also had two misdemeanor assault and bettery cases in 2013, one against an Andrew Lee Cross dismissed.
"He was trying to turn his life around," Mr. Acosta told me this morning.
A source close to Eli who wishes to remain unnamed, said as far as he knows Eli was unarmed, has heard different versions of whether he was shot in the back or the chest and alluded to "pot" as a motive. "Everyone on the streets knows who did it."
Updated EPD Press Release:
Following
the notification of his next of kin by the Humboldt County Coroner’s Office
yesterday, the Eureka Police Department is releasing the identity of the man
slain during last Saturday night’s shooting incident near the 1500 block of F
Street, Eureka. The deceased victim has
been identified as 31-year-old Elliot
Michael Walin of Fortuna.
Investigators have firmly established this incident
is not related to last month’s gang involved shooting and homicide at nearby
Hammond Park. While EPD is not releasing
details at this time regarding the possible motive behind this shooting, it was
not a random act.
EPD is diligently following up on a number of strong
investigative leads. Anyone with direct knowledge about this case is asked to contact
the Eureka Police Department at (707)
441-4060 (front counter) or (707) 441-4044 (after hours only). Direct your information to Senior Detective
John Gordon or Sergeant Michael Guy.
Original EPD Release:
On 10/24/15, at about 9:55 PM, Eureka Police Department officers responded to the report of shots fired in the vicinity of F and Watson Streets. Upon arrival, officers found an adult male victim in the street with an apparent gunshot wound.
The victim was transported by ambulance to a local hospital where he was later pronounced deceased. Officers subsequently learned, after he arrived at the hospital on his own, another male had also been shot, possibly during the same incident. He is expected to survive.
First day of jury selection in Jason Warren case starts off with a delay due to juror MIA
Jury selection for Jason Warren started at 8:41 because they were waiting for one juror since 8:30. That juror was among the first 12 to be questioned.
Trial will be in session 8:30 to noon, then usually 1:30 to 4:30 Monday through Thursday, with court holidays and Thanksgiving week off.
Jason Warren dressed in khaki pants and a light blue shirt got up and waved when Judge Timothy Cissna introduced him.
Judge Cissna gave some basic information and instructions. He said "jury selection may or may not finish this week."
Before mid morning break, Judge Cissna was still questioning jurors. Questions whether they would be comfortable with the graphic audio and visual evidence and testimony in this case and determining if they knew any witnesses and whether that would be a conflict.
"Each side is entitled to a fair, unbiased jury," said Judge Cissna.
Jason Warren is charged for this jury trial with Count 1 murder of Dorothy Ulrich, with special allegations of killing while lying in wait and infliction of torture; Count 2 murder of Suzanne Seemann, Count 3 attempted murder of Jessica Hunt and Count 4 attempted murder of Terri-Vroman Little.
Mr. Glenn Brown, from Alternate Conflict Counse represents Warren. Mendocino Assistant Deputy District Attorney Paul Sequeira is prosecuting the case for the Humboldt County District Attorney's office.
There is another case pending against him in which he is alleged to have assaulted an Andy Ashley while he is in custody awaiting this trial. Mr. Brown represents him in that case as well.
This afternoon, Mr. Brown started questioning jurors seated in the box.
The case touches so many in the local community. Ulrich was a mother of three sons, well loved in the Hoopa community. Suzanne Seemann was a HSU Faculty member, teaching in the Geography Department. Her husband Hank Seemann is the Deputy Director for County of Humboldt. Hunt and Vroman Little both taught at local Montessori schools.
Trial will be in session 8:30 to noon, then usually 1:30 to 4:30 Monday through Thursday, with court holidays and Thanksgiving week off.
Jason Warren dressed in khaki pants and a light blue shirt got up and waved when Judge Timothy Cissna introduced him.
Judge Cissna gave some basic information and instructions. He said "jury selection may or may not finish this week."
Before mid morning break, Judge Cissna was still questioning jurors. Questions whether they would be comfortable with the graphic audio and visual evidence and testimony in this case and determining if they knew any witnesses and whether that would be a conflict.
"Each side is entitled to a fair, unbiased jury," said Judge Cissna.
Jason Warren is charged for this jury trial with Count 1 murder of Dorothy Ulrich, with special allegations of killing while lying in wait and infliction of torture; Count 2 murder of Suzanne Seemann, Count 3 attempted murder of Jessica Hunt and Count 4 attempted murder of Terri-Vroman Little.
Mr. Glenn Brown, from Alternate Conflict Counse represents Warren. Mendocino Assistant Deputy District Attorney Paul Sequeira is prosecuting the case for the Humboldt County District Attorney's office.
There is another case pending against him in which he is alleged to have assaulted an Andy Ashley while he is in custody awaiting this trial. Mr. Brown represents him in that case as well.
This afternoon, Mr. Brown started questioning jurors seated in the box.
The case touches so many in the local community. Ulrich was a mother of three sons, well loved in the Hoopa community. Suzanne Seemann was a HSU Faculty member, teaching in the Geography Department. Her husband Hank Seemann is the Deputy Director for County of Humboldt. Hunt and Vroman Little both taught at local Montessori schools.
Oct 26, 2015
Help Betty Chinn in her effort to house 14 families
Betty Chinn plans to purchase the building next to her Betty Kwan Chinn Day Center to offer transitional housing for 14 families. Funds need to be raised. More details will be available at a later date.
"It was an honor to have Senator Mike McGuire take time out if his busy schedule to talk with McKinleyville Community Watch"
"It was an honor to have Senator Mike Mcguire take time out of his busy schedule to talk with the McKinleyville Community Watch group. He was very impressed with what we are doing and we were extremely pleased he took the time to keep us informed as to what's happening locally and at the state level."--Aaron Ostrom, MCW founder
When was the last time in 12 years you saw your district attorney at community meetings? Maggie has been visible reaching out
Senator Mike McGuire met with members of the McKinleyville Community Watch meeting this evening.
Fifth District Supervisor Ryan Sundberg, Humboldt County District Attorney Maggie Fleming, Sheriff Mike Downey and Undersheriff William Honsal were present at the meeting.
Fifth District Supervisor Ryan Sundberg, Humboldt County District Attorney Maggie Fleming, Sheriff Mike Downey and Undersheriff William Honsal were present at the meeting.
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