Jury picked. Opening arguments at 8:30 a.m. tomorrow.
Jason Arreaga charged with the double homicide of Harley Hammers and Angel Tully.
Feb 3, 2016
Petrolia bandwith increased thanks to efforts of Supervisor Rex Bohn and Connie Stewart among others
Supervisor Rex confirmed that the only Board of Supervisors meeting he has missed was a few months ago when he was at a PUC hearing in Sacramento to address the need to upgrade bandwith in Petrolia.
He particularly wanted to thank Connie Stewart from California Center for Rural Policy and several others for their work on this and credited them for this good news for Mattole Valley.
Frontier Communications has increased the base speed of 6 mbps to 12 mbps.
He particularly wanted to thank Connie Stewart from California Center for Rural Policy and several others for their work on this and credited them for this good news for Mattole Valley.
Frontier Communications has increased the base speed of 6 mbps to 12 mbps.
No bail set for Nicholas Johnson in post release supervision revocation, bail remains same in David Ganfield homicide case
Nicholas Johnson was arraigned for the homicide of David Ganfield just now in Courtroom 5. He has grown a beard and looks different than the booking photo which has been circulated to media.
Dressed in red, which means he is administrative segregation, Johnson was in court in a wheelchair.
Deputy District Attorney Roger Rees was present for the People. Count 1 is murder with special allegation that Johnson used a deadly and dangerous weapon, a bat, in the commission of the crime.
Johnson is allegedly the man who shot at DA investigators on Pine Street recently.
Preliminary hearing is set for February 18 since he did not waive time.
Conflict Counsel's Mr. Kaleb Cockrum was appointed for Johnson but since he briefly represented his co-defendant Jonas Semore, a confirmation of counsel has been set for February 5 at 2 p.m.
He is not eligible for bail since one of the complaints against him is violation for his post release supervision.
Dressed in red, which means he is administrative segregation, Johnson was in court in a wheelchair.
Deputy District Attorney Roger Rees was present for the People. Count 1 is murder with special allegation that Johnson used a deadly and dangerous weapon, a bat, in the commission of the crime.
Johnson is allegedly the man who shot at DA investigators on Pine Street recently.
Preliminary hearing is set for February 18 since he did not waive time.
Conflict Counsel's Mr. Kaleb Cockrum was appointed for Johnson but since he briefly represented his co-defendant Jonas Semore, a confirmation of counsel has been set for February 5 at 2 p.m.
He is not eligible for bail since one of the complaints against him is violation for his post release supervision.
Mendocino Sheriff looking for Charles Kesselring for a $55,000 warrant finds out on facebook he is in HCSO custody
If the Mendocino Sheriff had checked HCSO jail reports or even read one of my numerous posts on Charles Kesselring, they would have known he is in Humboldt County jail.
Kesselring, the alleged machete wielding pizza van delivery robbery suspect has a felony warrant out in Mendocino for vehicular theft and fleeing from an officer.
Feb 2, 2016
Livermore man arrested for brandishing knives at U.S. Cellular store
On 02/2/16 at about 1:37 p.m., Officers with the Eureka Police Department responded to a 3 on the 700 block of 4th Street after employees reported that a male was inside speaking incoherently and brandishing two 12" knives at employees.
Once on scene, Officers located the male and deployed a less-lethal bean bag shotgun. The male dropped the knives and was taken into custody without further incident. The less-lethal shotgun was only displayed. Antonio Mims, 33 of Livermore, was booked into the Humboldt County Correctional Facility for brandishing.
AT and T Aspire Accelerator program offers a chance for four organizations to receive $125,000 each for a mentorship program
AT&T is calling on ed-tech ventures to apply for the AT&T Aspire Accelerator. The program is part of our $350 million commitment to empower students to reach their full potential. Four organizations will be chosen to participate in a 6-month mentorship program, and will receive $100,000 each, plus $25,000 each for expenses. Both for-profits and non-profits are encouraged to apply. The program is headquartered in San Francisco, but winners do not need to relocate to the Bay Area.
Who: For- and non-profit organizations focused on social impact are encouraged to apply.
When: The Aspire Accelerator application is open thru Feb. 5. The program will begin with selected ventures in May 2016.
While EPD holds press conference on Johnson shooting, a man enters 4th street U.S. Cellular store brandishing knives.
Image of the gun Nick Johnson used to try and kill DA investigators. It is an AK 47.
Chief Andrew Mills said that Johnson put an entire community at risk.
Image of houses impacted by shots.
EPD held a press conference today at 2:00 p.m. to give an update on the investigation of the 01/26/16 Officer Involved Shooting that involved Nicholas Johnson.
While media was waiting in the EPD lobby to be escorted to the press conference area, a man entered the U. S. Cellular store in 4th street in Eureka ranting and raving and brandishing knives, said Chief Mills. EPD officers took the man into custody, without using a gun and descalated the situation without any harm to the public.
Chief Mills used this as one example of the "threat to public safety" in the City of Eureka that officers face daily.
There have been three officer involved shootings in the last year by three different agencies, said Chief Mills. The County had more incidents. "This kind of violence is not normal" for city this size.
"As you will see in this story, we came very close to losing two DA investigators," said Chief Mills.
The day the incident happened, at 8 a.m, the DA investigators received information on a possible suspect. There was a warrant out for his arrest. They had planned to set up surveillance and did so at 3200 Pine Street around 9 a.m. The DA investigators requested assistance from EPD's POP unit who were close by to assist in searching cars in the area.
They made contact with Marcella De Mark, in front of the house. This is the woman that was detained because she is a "percipient witness," said Chief Mills. As they were standing in front of the house talking with De Mark, they heard a shot in the house which sounded like it came from a high caliber weapon. The DA investigators "retreated to safety."
Johnson exited the house firing an AK-47 at the DA investigators. They returned fire, hitting Johnson. Chief Mills said that Johnson was trying to kill the investigators and escape and he put "the entire community at risk. These are high velocity rounds. If you get hit, there is no chance for survival."
Johnson was shot "in the lower extremities." After he was shot and injured, officers took him to the hospital where he was "treated for non-threatening wounds." EPD and other agencies volunteered to watch him 24 hours until he was taken into custody and booked into the jail yesterday.
Investigation is being "co-led by EPD and HCSO," said Chief Mills. "The DA chose to recuse hers agency due to her agency being involved. Ultimately, the DOJ or different DA's office will review this incident."
"I will not release the names of the investigators, " said Chief Mills. "That is the responsibility of the employing agency."
"This is an active investigation," said Chief Mills. One of the reasons it took so long that morning was because "he fired inside the house so the POP team had to go in and clear the house" and make sure there were no more suspects and no one injured.
Detective Ron Harpham, lead investigator, said DOJ took evidence from the scene. He believes 8 casings were recovered from the scene.
This year complaints against the EPD are down, said Chief Mills. There have been 7 complaints, each has been investigated. Chief Mills will provide more detail in his report to City Council tonight. My post earlier today:
He is charged with PC 187 (a) murder and PC 3455 (a).
Johnson is also a co-defendant in the homicide of David Ganfield.
The incident with the DA investigators, if charged would be attempted murder. The original warrant for Johnson was murder of Ganfield.
I got clarification from District Attorney Maggie Fleming.
Chief Andrew Mills said that Johnson put an entire community at risk.
Image of houses impacted by shots.
While media was waiting in the EPD lobby to be escorted to the press conference area, a man entered the U. S. Cellular store in 4th street in Eureka ranting and raving and brandishing knives, said Chief Mills. EPD officers took the man into custody, without using a gun and descalated the situation without any harm to the public.
Chief Mills used this as one example of the "threat to public safety" in the City of Eureka that officers face daily.
There have been three officer involved shootings in the last year by three different agencies, said Chief Mills. The County had more incidents. "This kind of violence is not normal" for city this size.
"As you will see in this story, we came very close to losing two DA investigators," said Chief Mills.
The day the incident happened, at 8 a.m, the DA investigators received information on a possible suspect. There was a warrant out for his arrest. They had planned to set up surveillance and did so at 3200 Pine Street around 9 a.m. The DA investigators requested assistance from EPD's POP unit who were close by to assist in searching cars in the area.
They made contact with Marcella De Mark, in front of the house. This is the woman that was detained because she is a "percipient witness," said Chief Mills. As they were standing in front of the house talking with De Mark, they heard a shot in the house which sounded like it came from a high caliber weapon. The DA investigators "retreated to safety."
Johnson exited the house firing an AK-47 at the DA investigators. They returned fire, hitting Johnson. Chief Mills said that Johnson was trying to kill the investigators and escape and he put "the entire community at risk. These are high velocity rounds. If you get hit, there is no chance for survival."
Johnson was shot "in the lower extremities." After he was shot and injured, officers took him to the hospital where he was "treated for non-threatening wounds." EPD and other agencies volunteered to watch him 24 hours until he was taken into custody and booked into the jail yesterday.
Investigation is being "co-led by EPD and HCSO," said Chief Mills. "The DA chose to recuse hers agency due to her agency being involved. Ultimately, the DOJ or different DA's office will review this incident."
"I will not release the names of the investigators, " said Chief Mills. "That is the responsibility of the employing agency."
"This is an active investigation," said Chief Mills. One of the reasons it took so long that morning was because "he fired inside the house so the POP team had to go in and clear the house" and make sure there were no more suspects and no one injured.
Detective Ron Harpham, lead investigator, said DOJ took evidence from the scene. He believes 8 casings were recovered from the scene.
This year complaints against the EPD are down, said Chief Mills. There have been 7 complaints, each has been investigated. Chief Mills will provide more detail in his report to City Council tonight. My post earlier today:
Nicholas Johnson involved in standoff with DA investigators and EPD out of hospital, booked into jail
Nicholas Johnson, who was shot during a standoff with DA Investigators and later EPD on the scene, was booked into jail yesterday on a Ramey warrant.
He is charged with PC 187 (a) murder and PC 3455 (a).
Johnson is also a co-defendant in the homicide of David Ganfield.
The incident with the DA investigators, if charged would be attempted murder. The original warrant for Johnson was murder of Ganfield.
I got clarification from District Attorney Maggie Fleming.
"This is the warrant he was arrested on-the murder of David Ganfield.
The investigation involving last week is still pending and when done I intend to send to the AG’s office for review."
Jan 28, 2016
Nicholas Johnson who shot at DA investigators has a jury trial and sentencing scheduled in an older case, with 18 cases in the court system
Nicholas Johnson has 18 cases in the court system, with the majority being criminal. He had a jury trial set for February 1 for the alleged murder of David Ganfield. His co-defendant Jonas semore is currently being tried separately.
On January 29, Johnson had a disposition and reset hearing as well as probation/sentencing set for two older cases. Since he is still in police custody and at the hospital, those dates no longer appear on calendar.
EPD Chief Andy Mills is at the joint meeting of Board of Supervisors and Eureka City Council.
DA Maggie Fleming has been advised of the situation. A press release will be out shortly. Chief Mills will then be available for more questions.
Chief Mills said police officers were at 3200 Pine. "A man came out of the house and wanted to get into a confrontation with the officers. This resulted in shots being fired." The person shot is expected to recover. A gun was recovered from the scene.
From EPD PIO Brittany Powell at 2:25 p.m.:
Regarding the incident on Pine Street today, we anticipate to have a press release with more information out by 4:30 p.m Chief Mills will be available for questions at his office today at 5 p.m.
EPD Press Release:
On 01/26/16 at about 11:50 a.m., Investigators with the Humboldt County District Attorney’s Office were conducting follow-up on a homicide investigation near the 3200 block of Pine Street in Eureka. The Eureka Police Department’s Problem Oriented Policing Unit was a short distance away.
The DA Investigators were attempting to contact residents when a man came out firing an assault rifle towards Investigators without warning. Investigators returned fire, striking the man. The man was placed under arrest and transported to the hospital by ambulance. The man underwent surgery and is expected to survive.
The Critical Incident Response Team (CIRT) was activated and multiple agencies responded to assist. Because the DA’s office was involved, a Humboldt County Sheriff Investigator and Eureka Police Investigator were assigned as co-leads in the investigation.
District Attorney Maggie Fleming said, “I have made the decision that because Humboldt County District Attorney Investigators were involved in the shooting, I will not be involved in the review of the case and have asked the Attorney General’s Office to handle the review.”
On January 29, Johnson had a disposition and reset hearing as well as probation/sentencing set for two older cases. Since he is still in police custody and at the hospital, those dates no longer appear on calendar.
EPD Chief Andy Mills is at the joint meeting of Board of Supervisors and Eureka City Council.
DA Maggie Fleming has been advised of the situation. A press release will be out shortly. Chief Mills will then be available for more questions.
Chief Mills said police officers were at 3200 Pine. "A man came out of the house and wanted to get into a confrontation with the officers. This resulted in shots being fired." The person shot is expected to recover. A gun was recovered from the scene.
From EPD PIO Brittany Powell at 2:25 p.m.:
Regarding the incident on Pine Street today, we anticipate to have a press release with more information out by 4:30 p.m Chief Mills will be available for questions at his office today at 5 p.m.
EPD Press Release:
On 01/26/16 at about 11:50 a.m., Investigators with the Humboldt County District Attorney’s Office were conducting follow-up on a homicide investigation near the 3200 block of Pine Street in Eureka. The Eureka Police Department’s Problem Oriented Policing Unit was a short distance away.
The DA Investigators were attempting to contact residents when a man came out firing an assault rifle towards Investigators without warning. Investigators returned fire, striking the man. The man was placed under arrest and transported to the hospital by ambulance. The man underwent surgery and is expected to survive.
The Critical Incident Response Team (CIRT) was activated and multiple agencies responded to assist. Because the DA’s office was involved, a Humboldt County Sheriff Investigator and Eureka Police Investigator were assigned as co-leads in the investigation.
District Attorney Maggie Fleming said, “I have made the decision that because Humboldt County District Attorney Investigators were involved in the shooting, I will not be involved in the review of the case and have asked the Attorney General’s Office to handle the review.”
It's official. Connie Beck chosen as DHHS director
The Humboldt County Board of Supervisors met in closed session after their morning meeting.
I. CLOSED SESSION It is the intention of the Board of Supervisors to meet in closed session to consider the appointment for the position of Director of Department of Health and Human Services pursuant to Government Code sections 54954.5 and 54957.
Press Release:
I. CLOSED SESSION It is the intention of the Board of Supervisors to meet in closed session to consider the appointment for the position of Director of Department of Health and Human Services pursuant to Government Code sections 54954.5 and 54957.
Press Release:
The Humboldt County Board of Supervisors today appointed Connie Beck to the position of Director of the Department of Health & Human Services (DHHS).
Beck brings considerable experience and expertise to the position. She has worked for DHHS for 20 years and has been the department’s interim director since late December. She also served as Assistant Director, Administration for three years before being appointed to the position.
As director, Beck will oversee a department with a yearly operating budget of approximately $150 million and provides direct services to more than 38,000 residents each year. Beck will work collaboratively with a variety of county departments as well as public and private community stakeholders in developing and implementing programs and services to meet community needs.
Beck becomes only the second person to lead DHHS since 2001 when the integrated agency was created, combining what were previously six separate county departments into one. Phillip R. Crandall, the previous director, retired Dec. 29, 2015.
Earl Orr held to answer on murder charge and special allegation regarding Jessica Hare
The preliminary hearing for Earl Orr continued today for the second day. The hearing was in Courtroom 4 before Judge Timothy Cissna.
Orr is charged with the murder of Jessica Hare with a special allegation that he discharged a firearm causing great bodily injury to Hare.
Deputy District Attorney Stacey Eads is prosecuting the case. Orr is being represented by Mr. Russell Clanton.
Yesterday, two witnesses testified. Miranda resident Thomas Lusk, who claims he was an eye witness to the shooting and testified that Orr shot Hare and said she is dead. According to Lusk, Orr killed Hare because she rejected his request for a date and told him she was a lesbian and had a partner.
The other witness was HCSO's Detective Todd Fulton who said Orr was seen with a gun by witnesses. Detective Fulton continued his testimony this morning.
This Thomas Lusk is not the Miranda man charged with 6 felonies including torture, rape, false imprisonment, oral copulation of a female victim he met and invited back to his house. That Thomas Lusk has prior conviction of terroristic threats.
Update:
The victim in the homicide has been identified as 47-year-old Jessica Jane Hare from Phillipsville. The victim and suspect knew each other prior to the shooting. An autopsy has been scheduled for Saturday, May 2, 2015.
Original HCSO release:
Orr is charged with the murder of Jessica Hare with a special allegation that he discharged a firearm causing great bodily injury to Hare.
Deputy District Attorney Stacey Eads is prosecuting the case. Orr is being represented by Mr. Russell Clanton.
Yesterday, two witnesses testified. Miranda resident Thomas Lusk, who claims he was an eye witness to the shooting and testified that Orr shot Hare and said she is dead. According to Lusk, Orr killed Hare because she rejected his request for a date and told him she was a lesbian and had a partner.
The other witness was HCSO's Detective Todd Fulton who said Orr was seen with a gun by witnesses. Detective Fulton continued his testimony this morning.
This Thomas Lusk is not the Miranda man charged with 6 felonies including torture, rape, false imprisonment, oral copulation of a female victim he met and invited back to his house. That Thomas Lusk has prior conviction of terroristic threats.
Update:
The victim in the homicide has been identified as 47-year-old Jessica Jane Hare from Phillipsville. The victim and suspect knew each other prior to the shooting. An autopsy has been scheduled for Saturday, May 2, 2015.
Original HCSO release:
On 04-25-2015, at about 8:30 p.m., the Sheriff's Office received a call from a citizen reporting there was a gunshot victim at a residence on the 400 block of Phillipsville Loop Road in Phillipsville.
Deputies responded to the scene, along with officers from the California Highway Patrol. Deputies located the victim who was pronounced deceased at the scene.
After speaking with witnesses, deputies learned the suspect, Earl C. Orr, 59, of Phillipsville, had been in possession of a firearm and was present with the victim just prior to the shooting. After the shooting, Orr abruptly left the scene.
On 04-26-2015, at about 7:30 a.m., Deputies served a search warrant at Orr's residence in Phillipsville. Deputies located Orr at his residence and he was taken into custody. Deputies also seized several firearms from Orr's residence. Orr was later taken to the Humboldt County Correctional Facility and booked for the charge of homicide. Orr's bail was set at $1,000,000.00.
Board of Supervisor chambers packed for AT and T presentation this morning
In the morning session of the Humboldt County Board of Supervisors, the first item after the consent calendar is:
AT&T Presentation on the Network Upgrade on the North Coast.
Supervisors questioned AT and T representatives regarding outages and their plans to address the issue. AT and T is,getting federal money to subsidize building more broadband areas to places that currently have less options.
The Board of Supervisors chambers were packed, mostly for the AT and T presentation.
Public comment included Sean McLaughlin, executive director Access Humboldt and Connie Stewart. Speakers thanked County Supervisors for their vigilance on this issue.
From the letter to the Board of Supervisors:
The North Coast has experienced a number of recent communication outages resulting from fiber optic cable cuts. AT&T representatives Marc Blakeman, AT&T's Vice President - External Affairs CA, Gregory Brown, AT&T's Director - Technology Planning & Engineering and Rhuenette L. Alums. AT&T's Area Director - External Affairs North Coast, will be making a brief presentation to the Board of Supervisors as a follow up to the Dec. 16,2015 announcement from AT&T regarding network upgrades on the North Coast.
Humboldt Del Norte Film Commission got a proclamation from Supervisor Virginia Bass.
Executive Director Cassandra Hesseltine has been asked to be President of FLICKS.
Department Reports:
H. DEPARTMENT REPORTS County Administrative Office 1. 2016 Five Year Financial Forecast Report That the Board of Supervisors receive a staff report on the financial forecast of the county's major funds for the next five years.
Department of Health and Human Services: Public Health Continue Discussion on the Homeless Strategy and Implementation Plan from Focus Strategies and the Department of Health and Human Services
AT&T Presentation on the Network Upgrade on the North Coast.
Supervisors questioned AT and T representatives regarding outages and their plans to address the issue. AT and T is,getting federal money to subsidize building more broadband areas to places that currently have less options.
The Board of Supervisors chambers were packed, mostly for the AT and T presentation.
Public comment included Sean McLaughlin, executive director Access Humboldt and Connie Stewart. Speakers thanked County Supervisors for their vigilance on this issue.
From the letter to the Board of Supervisors:
The North Coast has experienced a number of recent communication outages resulting from fiber optic cable cuts. AT&T representatives Marc Blakeman, AT&T's Vice President - External Affairs CA, Gregory Brown, AT&T's Director - Technology Planning & Engineering and Rhuenette L. Alums. AT&T's Area Director - External Affairs North Coast, will be making a brief presentation to the Board of Supervisors as a follow up to the Dec. 16,2015 announcement from AT&T regarding network upgrades on the North Coast.
Humboldt Del Norte Film Commission got a proclamation from Supervisor Virginia Bass.
Executive Director Cassandra Hesseltine has been asked to be President of FLICKS.
Department Reports:
H. DEPARTMENT REPORTS County Administrative Office 1. 2016 Five Year Financial Forecast Report That the Board of Supervisors receive a staff report on the financial forecast of the county's major funds for the next five years.
Department of Health and Human Services: Public Health Continue Discussion on the Homeless Strategy and Implementation Plan from Focus Strategies and the Department of Health and Human Services
Judge Feeney grants DA's motion to file 2nd amended information, Bullock now charged with five counts
Judge Feeney said that he had met with the attorneys and "they are close to finalizing a jury questionnaire."
Mr. Kaleb Cockrum who represents Bullock did not oppose the filing of the second amended information. Bullock is now charged with five counts. He reentered his plea of guilty not by insanity.
Count 1 murder with three special allegations: infliction of torture, murder committed while engaging in first degree residential burglary, murder committed during carjacking. Count 2 and 3 are both first degree residential butglary. Count 4 Vehicle theft. Count 5 arson of inhabitated structure.
One of the changes in the second amended information is that Bullock is charged with two counts of burglary, one for breaking into the rectory and another burglary committed upstairs.
Mr. Cockrum disagreed and said the facts will show at trial that there were not two burglaries committed.
Bullock's mother and step father were present in court.
Bullock hearing continued until tomorrow morning due to impacted calendar
Trial confirmation and a ruling on the Humboldt County District Attorney's office to amend charges in the Gary Lee Bullock case was scheduled for 4 p.m. this afternoon.
It was continued until tomorrow morning at 8:30 a.m. Judge Feeney's calendar today was full, he was still calling 2 p.m. cases as of 4 p.m.
It was continued until tomorrow morning at 8:30 a.m. Judge Feeney's calendar today was full, he was still calling 2 p.m. cases as of 4 p.m.
Jan 29, 2016
DA files another motion to amend charges in Gary Lee Bullock case set for jury trial on February 8 for the death of Fr. Eric Freed
A trial readiness conference is scheduled for 4 p.m. for the jury trial for Gary Lee Bullock. The District Attorney's office filed a motion to amend information on January 28, 2016. That motion will also be heard on February 1.
The District's Attorney's office has already filed and was granted their a first amended information to add the special allegation of car jacking. See this link for more information http://johnchiv.blogspot.com/2015/03/bullock.html
Deputy District Attorney Stacey Eads who was co-prosecuting the case with DDA Andrew Isaac has now been assigned to CAST. For the last hearing, only Mr. Isaac was present.
The District's Attorney's office has already filed and was granted their a first amended information to add the special allegation of car jacking. See this link for more information http://johnchiv.blogspot.com/2015/03/bullock.html
Deputy District Attorney Stacey Eads who was co-prosecuting the case with DDA Andrew Isaac has now been assigned to CAST. For the last hearing, only Mr. Isaac was present.
Nicholas Johnson involved in standoff with DA investigators and EPD out of hospital, booked into jail
Nicholas Johnson, who was shot during a standoff with DA Investigators and later EPD on the scene, was booked into jail yesterday on a Ramey warrant.
He is charged with PC 187 (a) murder and PC 3455 (a).
Johnson is also a co-defendant in the homicide of David Ganfield.
The incident with the DA investigators, if charged would be attempted murder. The original warrant for Johnson was murder of Ganfield.
I got clarification from District Attorney Maggie Fleming.
He is charged with PC 187 (a) murder and PC 3455 (a).
Johnson is also a co-defendant in the homicide of David Ganfield.
The incident with the DA investigators, if charged would be attempted murder. The original warrant for Johnson was murder of Ganfield.
I got clarification from District Attorney Maggie Fleming.
"This is the warrant he was arrested on-the murder of David Ganfield.
The investigation involving last week is still pending and when done I intend to send to the AG’s office for review."
Feb 1, 2016
Second jury trial set for John Bullwinkel charged with 5 counts against minor victims, Judge Cissna denied defense motion to reduce the $400,000 bail
John Bullwinkel was out of custody before his first jury trial. He remains out of custody. His bail was set at $400,000.
Today, at 4 p.m. there was a hearing before Judge Timothy Cissna on a motion filed by Bullwinkel's attorney, Mr. Russ Clanton, to reduce bail. Today, was also a disposition and reset hearing for the second jury trial.
After hearing from Mr. Clanton and then Deputy District Attorney Brie Bennett on the motion to reduce bail, Judge Cissna denied the defense motion to reduce bail. Bullwinkel waived time and due to Mr. Clanton being in several upcoming jury trials, the second jury trial is set for May 9 at 8:30 a.m., Trial Confirmation is April 25 at 2 p.m.
Judge Cissna asked Ms. Bennett if the victims had been notified regarding today's motion for bail reduction. She said they had been through victim witness advocates.
"People oppose the bail reduction," said Ms. Bennett. "The defendant still faces five counts. " Ms. Bennett then listed each count and the amount for that count according to the bail schedule. She also said that the special allegations for each count were "life counts."
Referring to the testimony of Jane Doe #1 that Mr. Clanton referred to in his argument, Ms. Bennett said, "this is an incident involving a young child. Few years have passed before the trial took place. Her memory was clearer when she did the CAST interview."
Before he ruled, Judge Cissna said that the amounts Ms. Bennett were correct. He said the bail schedule does address when the defendant is charged with two or more offenses, but since he was not the trial judge, "whether this occurred in a single incident or multiple incidents" he did not know. The 667.61 (j) (2) allegations are life sentences and each allegation would increase bail to 1 million for each count.
"When I look at the offenses charged, the bail schedule is in excess of $400,000 and this does not even include the million for life sentences," said Judge Cissn. The People did not ask for an increase in bail, there is only a defense motion to decrease bail." And then he denied the defense motion.
Today, at 4 p.m. there was a hearing before Judge Timothy Cissna on a motion filed by Bullwinkel's attorney, Mr. Russ Clanton, to reduce bail. Today, was also a disposition and reset hearing for the second jury trial.
After hearing from Mr. Clanton and then Deputy District Attorney Brie Bennett on the motion to reduce bail, Judge Cissna denied the defense motion to reduce bail. Bullwinkel waived time and due to Mr. Clanton being in several upcoming jury trials, the second jury trial is set for May 9 at 8:30 a.m., Trial Confirmation is April 25 at 2 p.m.
Judge Cissna asked Ms. Bennett if the victims had been notified regarding today's motion for bail reduction. She said they had been through victim witness advocates.
"People oppose the bail reduction," said Ms. Bennett. "The defendant still faces five counts. " Ms. Bennett then listed each count and the amount for that count according to the bail schedule. She also said that the special allegations for each count were "life counts."
Referring to the testimony of Jane Doe #1 that Mr. Clanton referred to in his argument, Ms. Bennett said, "this is an incident involving a young child. Few years have passed before the trial took place. Her memory was clearer when she did the CAST interview."
Before he ruled, Judge Cissna said that the amounts Ms. Bennett were correct. He said the bail schedule does address when the defendant is charged with two or more offenses, but since he was not the trial judge, "whether this occurred in a single incident or multiple incidents" he did not know. The 667.61 (j) (2) allegations are life sentences and each allegation would increase bail to 1 million for each count.
"When I look at the offenses charged, the bail schedule is in excess of $400,000 and this does not even include the million for life sentences," said Judge Cissn. The People did not ask for an increase in bail, there is only a defense motion to decrease bail." And then he denied the defense motion.
Jan 15, 2016
Jury "hopelessly deadlocked" in John Bullwinkel case on 5 counts; mistrial declared; not guilty decision on Count 7
Wednesday at 11:30, the jury started deliberating in the John Bullwinkel case. They just came back with a verdict.
The jury was "hopelessly deadlocked" on Counts 1 through 5. Judge Miles declared a mistrial on those 5 counts.
Count 7 they found Bullwinkel not guilty, including on all lesser charges.
Count 6 was dismissed on January 11, 2016.
Seven women, five men in the jury. The jury took at least three votes, said the jury foreperson.
On Counts 1, 2 and 3, eight guilty, four not guilty; Counts 4 and 5 five guilty and seven not guilty.
Prosecutor was Deputy District Attorney Brie Bennett. Bullwinkle was represented by Mr. Russ Clanton. Defense investigator was Adam Laird.
The jury was "hopelessly deadlocked" on Counts 1 through 5. Judge Miles declared a mistrial on those 5 counts.
Count 7 they found Bullwinkel not guilty, including on all lesser charges.
Count 6 was dismissed on January 11, 2016.
Seven women, five men in the jury. The jury took at least three votes, said the jury foreperson.
On Counts 1, 2 and 3, eight guilty, four not guilty; Counts 4 and 5 five guilty and seven not guilty.
Prosecutor was Deputy District Attorney Brie Bennett. Bullwinkle was represented by Mr. Russ Clanton. Defense investigator was Adam Laird.
Jan 11, 2016
54 year old man charged with 7 counts of sexual offenses against minor victims including aggravated sexual assault, if convicted faces 25 years to life
John Frederick Bullwinkel, 54 years old is charged with seven counts of sexual offenses against a minor. His jury trial is currently ongoing . Trial Judge is Judge Marilyn Miles; prosecutor is Deputy District Attorney Brie Bennett; Bullwinkle is represented by private attorney Russ Clanton.
The special allegations in the complaint allege that there is more than one victim.
Bullwinkel is charged with Count 1 aggravated sexual assault of a child, with special allegation of PC 667.61 (j) (2) and (e) and 667.61 (c); Count 2 Forcible Lewd Act on a Child, same special allegation; Count 3 Prevent/Dissuade/Witness/Victim/Force/Threat; Count 4 Lewd or Lascivious act with child under the age of 14, same special allegation; Count 5, 6 and 7 Forcible Lewd Act on a Child, same special allegation.
The special allegations in the complaint allege that there is more than one victim.
Bullwinkel is charged with Count 1 aggravated sexual assault of a child, with special allegation of PC 667.61 (j) (2) and (e) and 667.61 (c); Count 2 Forcible Lewd Act on a Child, same special allegation; Count 3 Prevent/Dissuade/Witness/Victim/Force/Threat; Count 4 Lewd or Lascivious act with child under the age of 14, same special allegation; Count 5, 6 and 7 Forcible Lewd Act on a Child, same special allegation.
DNA leads to arrest of Jerry Bivin charged with providing porn to a minor, stalking and annoying/molesting children
SUSPECT: Jerry Mac Bivin
288.2(2) PC - (providing pornography to a minor)
647.6 PC (annoying or molesting children)
313.1(a) PC (providing harmful material to a minor)
646.9 PC (Stalking)
647.6 PC (annoying or molesting children)
313.1(a) PC (providing harmful material to a minor)
646.9 PC (Stalking)
During October of 2015, Deputies from the Mendocino County Sheriff’s Office were summoned to a residence located off of East Side Calpella Road regarding pornography left at a bus stop. Deputies learned a subject had left pornographic images for a juvenile female and her juvenile male cousin. Based on the information written in the note it was apparent the suspect was soliciting sexual encounters with the children.
Deputies learned of a similar case occurring on East Side Calpella Road approximately one mile from the initial victim’s residence, in which a female adult had also been receiving pornographic images as well as a letter which had vulgar sexual writing on them. Deputies compared the letters and found they appeared to be very similar in style and content. There were several hand-drawn images by the suspect which were nearly identical. The suspect also appeared to be soliciting a sexual encounter with this victim.
Deputies retained the letters for trace evidence to include fingerprinting and DNA. Deputies also began an intense covert surveillance campaign as well as high visibility patrols in the areas of the school bus stops, parks, and schools in the Ukiah Valley. Multiple items were sent to the Department of Justice Crime Labs for forensic testing. Deputies continued with surveillance and patrols hoping to identify or intercept the suspect.
During January of 2016 a third victim contacted the Mendocino County Sheriff’s Office. This victim was a juvenile male. Deputies learned a letter had been left for this subject alongside his driveway and also contained vulgar sexual requests as well as hand drawn pornography.
During January 2016 the DOJ Forensic Laboratories contacted the Sheriff’s Office and advised they were able to extract DNA from locations on items of evidence which had been taken as evidence. The DNA was uploaded in CODIS (Combined DNA Index System), and a match was located.
Deputies learned the DNA had been matched with that of Jerry Mac Bivin, a 46 year old male, living in the Ukiah area. Further investigation revealed Bivin had been investigated and arrested for a similar offenses in the state of Missouri. Deputies received investigative reports from the State of Missouri and found more similarities between the Missouri investigation and the current crimes occurring in Mendocino County.
Upon learning of the suspect’s identity, deputies began surveillance of Bivin and were able to locate Bivin’s residence. Deputies received a search warrant for the residence of Bivin as well as an arrest warrant charging Bivin with providing harmful materials to a child, solicitation of a minor for sexual acts, stalking and annoying or molesting children.
On 02/01/16 Deputies served a search warrant at the home of Bivin. Located during the search was evidence that linked Bivin to the listed crimes which included vulgar letters and hand written pornographic images, pornography, writing materials, and more notes about the previous victims. Bivin was arrested on the listed charges and booked into the Mendocino County Jail where he is currently held on $1,000,000.00 bail.
Educate yourself on California law on stalking, one woman stands up for herself and others
Sharing this link to a post on Kym Kemp's blog.
http://kymkemp.com/2016/02/01/local-woman-says-shes-fighting-back-against-stalker-by-posting-flyers-with-his-image-all-over-town/#comments
The link below is on stalking laws in California and helpful information.
https://victimsofcrime.org/our-programs/stalking-resource-center/stalking-laws/criminal-stalking-laws-by-state/california
http://kymkemp.com/2016/02/01/local-woman-says-shes-fighting-back-against-stalker-by-posting-flyers-with-his-image-all-over-town/#comments
The link below is on stalking laws in California and helpful information.
https://victimsofcrime.org/our-programs/stalking-resource-center/stalking-laws/criminal-stalking-laws-by-state/california
Bullock hearing continued until tomorrow morning due to impacted calendar
Trial confirmation and a ruling on the Humboldt County District Attorney's office to amend charges in the Gary Lee Bullock case was scheduled for 4 p.m. this afternoon.
It was continued until tomorrow morning at 8:30 a.m. Judge Feeney's calendar today was full, he was still calling 2 p.m. cases as of 4 p.m.
It was continued until tomorrow morning at 8:30 a.m. Judge Feeney's calendar today was full, he was still calling 2 p.m. cases as of 4 p.m.
Jan 29, 2016
DA files another motion to amend charges in Gary Lee Bullock case set for jury trial on February 8 for the death of Fr. Eric Freed
A trial readiness conference is scheduled for 4 p.m. for the jury trial for Gary Lee Bullock. The District Attorney's office filed a motion to amend information on January 28, 2016. That motion will also be heard on February 1.
The District's Attorney's office has already filed and was granted their a first amended information to add the special allegation of car jacking. See this link for more information http://johnchiv.blogspot.com/2015/03/bullock.html
Deputy District Attorney Stacey Eads who was co-prosecuting the case with DDA Andrew Isaac has now been assigned to CAST. For the last hearing, only Mr. Isaac was present.
The District's Attorney's office has already filed and was granted their a first amended information to add the special allegation of car jacking. See this link for more information http://johnchiv.blogspot.com/2015/03/bullock.html
Deputy District Attorney Stacey Eads who was co-prosecuting the case with DDA Andrew Isaac has now been assigned to CAST. For the last hearing, only Mr. Isaac was present.
Jan 14, 2016
Gary Lee Bullock trial confirmed for February 8, jury selection expected to last 2 weeks
Trial confirmation for the Gary Lee Bullock trial was continued to 4 p.m. today. The jury trial is currently scheduled for February 8, 2016.
The trial was confirmed for February 8, jury selection to last two weeks, since February 12 and 15 are court, People's witnesses will be subpoenaed for February 16. Trial Readiness is on February 1, 2016 at 4 p.m. in Courtroom 1.
Judge John Feeney met privately with Deputy District Attorney Andrew Isaac and Bullock's attorney, Mr. Kaleb Cockrum in chambers before court was open and they had "preliminary discussions regarding questions for potential jurors."
DDA Isaac told Judge Feeney, "I have a truncated witness list, mostly law enforcement and local."
Mr. Cockrum said that the County's Mental Health Department accidentally sent records subpoenaed by the People to him. They were sealed. He handed them to Judge Feeney, who will do an in camera review in the next couple of days to determine if they are relevant to this trial and if they are, both attorneys will get copies.
Times-Standard and myself were the only media present. Others in the courtroom included attorneys, DA Investigator and Victim Witness were in court. Bullock stood silently for the brief court hearing.
Gary Lee Bullock is charged in Count 1 with the murder of Fr. Eric Freed on or about December 31, 2013. Bullock is charged in Count 2 with unlawful driving and taking of a vehicle and Count 3 attempted arson of an inhabited structure or property. There are two special allegations: carjacking and that the murder was intentional with infliction of torture.
These are the charges in the first amended information filed on March 10, 2015.
In the original information filed on January 31, 2014, instead of the carjacking special allegation, there was a charge of first degree residential burglary.
Bullock is accused of breaking into the St. Bernard Catholic Church rectory on New Year's Day and torturing Fr. Freed before beating him to death with a wooden stake and a metal rod. Bullock also allegedly attempted to burn Fr. Freed's body before leaving a lit cigar on the stove with the gas left on and departing the scene in Freed's vehicle. The cigar went out. Freed's body was found later on New Year's Day by Deacon Frank Weber after he did not show up for 9 a.m. Mass.
Details from the affadavit used for Bullock's arrest warrant that were also mentioned during testimony in the preliminary hearing.
Church surveillance video captured images of Bullock trying to open doors to the rectory, breaking a side window and crawling in.
Bullock was carrying the same wooden stake and rusty white-painted metal pipe found inside that police believe were used to beat Freed, the document states.
“There was a large amount of blood about his upper body, his legs were badly beaten and his nose appeared to be misshapen,” the affidavit said. “The suspect rolled the father into blankets, poured several bottles of 80 proof alcohol over the father and attempted to light the bedding on fire. A fire did light, but then extinguished itself.”
“The suspect also lit a cigar, placed it on the gas stove, and opened up the burners so natural gas flooded the building,” the affidavit added. “The cigar extinguished itself foiling the attempt to destroy the building by blast and fire.”
The trial was confirmed for February 8, jury selection to last two weeks, since February 12 and 15 are court, People's witnesses will be subpoenaed for February 16. Trial Readiness is on February 1, 2016 at 4 p.m. in Courtroom 1.
Judge John Feeney met privately with Deputy District Attorney Andrew Isaac and Bullock's attorney, Mr. Kaleb Cockrum in chambers before court was open and they had "preliminary discussions regarding questions for potential jurors."
DDA Isaac told Judge Feeney, "I have a truncated witness list, mostly law enforcement and local."
Mr. Cockrum said that the County's Mental Health Department accidentally sent records subpoenaed by the People to him. They were sealed. He handed them to Judge Feeney, who will do an in camera review in the next couple of days to determine if they are relevant to this trial and if they are, both attorneys will get copies.
Times-Standard and myself were the only media present. Others in the courtroom included attorneys, DA Investigator and Victim Witness were in court. Bullock stood silently for the brief court hearing.
Gary Lee Bullock is charged in Count 1 with the murder of Fr. Eric Freed on or about December 31, 2013. Bullock is charged in Count 2 with unlawful driving and taking of a vehicle and Count 3 attempted arson of an inhabited structure or property. There are two special allegations: carjacking and that the murder was intentional with infliction of torture.
These are the charges in the first amended information filed on March 10, 2015.
In the original information filed on January 31, 2014, instead of the carjacking special allegation, there was a charge of first degree residential burglary.
Bullock is accused of breaking into the St. Bernard Catholic Church rectory on New Year's Day and torturing Fr. Freed before beating him to death with a wooden stake and a metal rod. Bullock also allegedly attempted to burn Fr. Freed's body before leaving a lit cigar on the stove with the gas left on and departing the scene in Freed's vehicle. The cigar went out. Freed's body was found later on New Year's Day by Deacon Frank Weber after he did not show up for 9 a.m. Mass.
Details from the affadavit used for Bullock's arrest warrant that were also mentioned during testimony in the preliminary hearing.
Church surveillance video captured images of Bullock trying to open doors to the rectory, breaking a side window and crawling in.
Bullock was carrying the same wooden stake and rusty white-painted metal pipe found inside that police believe were used to beat Freed, the document states.
“There was a large amount of blood about his upper body, his legs were badly beaten and his nose appeared to be misshapen,” the affidavit said. “The suspect rolled the father into blankets, poured several bottles of 80 proof alcohol over the father and attempted to light the bedding on fire. A fire did light, but then extinguished itself.”
“The suspect also lit a cigar, placed it on the gas stove, and opened up the burners so natural gas flooded the building,” the affidavit added. “The cigar extinguished itself foiling the attempt to destroy the building by blast and fire.”
Jan 13, 2015
Gary Lee Bullock trial confirmation continued until tomorrow
Trial confirmation for the jury trial for Gary Lee Bullock was scheduled today for 4 p.m. Trial Judge is Judge John Feeney. Prosecutors are Deputy District Attorneys Andrew Isaac and Stacey Eads. Bullock is represented by Conflict Counsel's Mr. Kaleb Cockrum.
Due to Mr. Cockrum being tied up in another court, today's hearing is rescheduled for the same time tomorrow.
Bullock's mother and step father were outside court. They were also here at the last hearing.
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Suspects in home invasion fled in Ford Bronco
On January 31, 2016 at approximately 8:06 p.m., officers responded to the 3500 block of California Street on a report of a home invasion robbery. Upon arrival, officers located a male victim of an assault who had sustained a head injury. The investigation revealed that five alleged suspects entered the home through the front door. Three of the alleged suspects were armed; two with shotguns and one with a pistol. The suspects demanded money from the male victim, and struck the victim in the head with the pistol. The suspects then ransacked the residence looking for anything of value. The suspects stole an unknown amount of glass pipes, e-cigarettes and marijuana paraphernalia.
The suspects left the scene driving a white Ford Bronco. At this time it appears this was a targeted robbery and not a random occurrence. The victim was evaluated by medical personnel on scene and didn't require further medical attention.
This is an ongoing investigation and anyone with any information is asked to contact the Eureka Police Department at 441-4060.
Mark Wheetley withdraws as candidate in 3rd District Supervisorial race
Statement from Arcata Council member Mark Wheetley:
"After long and thoughtful consideration, I have decided to withdraw my candidacy for Third District Supervisor. Due to a number of personal and professional obligations, it would be difficult to sustain an effective and competitive campaign at this time in balance with those commitments."
"I am thankful for all the support I have received from the people of the Third District and throughout Humboldt County. I will continue to serve the people of Arcata on the City Council until my term expires in December 2018."
"After long and thoughtful consideration, I have decided to withdraw my candidacy for Third District Supervisor. Due to a number of personal and professional obligations, it would be difficult to sustain an effective and competitive campaign at this time in balance with those commitments."
"I am thankful for all the support I have received from the people of the Third District and throughout Humboldt County. I will continue to serve the people of Arcata on the City Council until my term expires in December 2018."
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