Mar 4, 2016

Defense motion for continuance for Jonas Semore's jury trial granted, new jury trial set for April 4

Defense counsel, Mr. Russ Clanton, filed a motion for continuance for the jury trial currently scheduled March 7 for Jonas Semore. Due to receiving a volume of discovery recently from the People and Mr. Clanton's trial schedule, Semore entered a limited time waiver today at trial assignment.

March 7 date was vacated, new jury date is April 4. Trial Assignment on April 1.


Feb 24, 2016


Jonas Semore's jury trial for the alleged homicide of man dropped off at Mad River ER confirmed for March

Jonas Semore had a trial confirmation for his jury trial scheduled for this afternoon.


The co-defendant in this case, is Nicholas Johnson, who was recently arrested in a standoff with law enforcement, after allegedly shooting at Humboldt County DA investigators. Johnson had an intervention hearing this afternoon. Johnson's preliminary hearing scheduled for March 8  was continued at the request of the defense. New intervention date is March 21. New preliminary hearing date is March 28.

Dates were confirmed for Semore and his jury trial is set to proceed on March 7. With full days, the trial estimate is two weeks.

For the first time, Semore smiled and acknowledged his family, particularly his mom, as he left the courtroom. His family has been there to support him at court hearings.




Jan 14, 2016


Jonas Semore jury trial for alleged murder of David Ganfield dropped off at Mad River set for March 7

Mr. Russ Clanton was confirmed as Semore's counsel in December. Today, there was a trial confirmation hearing scheduled in Courtroom 5. Semore withdrew his time waiver today.

Jury trial is now set for March 7 at 8:30 a.m. and Trial Confirmation is February 24 at 2 p.m.


Dec 18, 2015


Jury trial for suspect in death of man dropped off at Mad River ER postponed since he is in between attorneys

The jury trial for Jonas Semore, one of  two men, charged in the homicide of David Ganfield was scheduled for December 21. That trial date has been rescheduled to February 8, 2016.

The reason being he is in between attorneys. He was represented by Ms. Kathleen Bryson, who withdrew from the case in December 17. Judge John Feeney granted that motion.

On December, Mr. David Celli was present with Semore in court. Whether his office will represent Semore will be confirmed on December 22.

There is pre-trial and confirmation of counsel scheduled for December 22 at 2 p.m. and Trial Confirmation on January 14, 2016.

Deputy District Attorney Roger Rees is prosecuting the case.

Oct 26, 2015


Jonas Semore charged with the death of David Ganfield who was dropped off at Mad River ER has jury trial postponed to December

Instead of his jury trial today, Jonas Semore had a disposition and reset hearing this afternoon in Courtroom 5.

Semore pulled his time waiver this afternoon. New jury trial date is December 21, Trial Confirmation is December 7 at 2 p.m. and Pre-Trial is on November 30 at 2 p.m.


Sep 9, 2015


Jonas Semore arraigned today for the murder of David Ganfield, jury trial set for October 26

Jonas Semore was scheduled for arraignment on information in Courtroom 1 this afternoon at 2 p.m. The compliant filed by the District Attorney's office charges Semore with Count 1 Murder and a special allegation of using a deadly and dangerous weapon during the alleged commission of the crime, a bat.

He is charged with the murder of David Ganfield. The co-defendant is still at large.

Jury trial set for October 26.

I was the only one to cover the two day preliminary hearing. Links below.

Deputy District Attorney Roger Rees is prosecuting the case. Ms. Kathleen Bryson is representing Semore.

Previous posts:

http://johnchiv.blogspot.com/2015/05/jonas-semore-co-defendant-in-david.html
http://johnchiv.blogspot.com/2015/08/witness-claims-that-minutes-before.html
http://johnchiv.blogspot.com/2015/08/peoples-witnesses-in-semore-case-bring.html
http://johnchiv.blogspot.com/2015/08/a-man-dropped-off-in-front-of-mad-river.html
http://johnchiv.blogspot.com/2015/08/this-case-is-like-virulent-case-of.html
http://johnchiv.blogspot.com/2015/08/nick-would-not-let-it-go-and-it-had-to.html

Assault system confesses to police , gets arrested





On 03/03/16 at about 3:50 p.m., Officers with the Eureka Police Department responded to the parking lot of the 3300 block of Broadway for the report of an assault that had just occurred.    Officers located a male victim in the parking lot.  He had lacerations to his face and one of his ears was torn.  The victim initially declined medical attention but was later transported to the hospital by a friend.  

The victim said he was walking to his car when he noticed three males looking into vehicles.  He said he questioned the males about their activity and they responded aggressively.  He said he turned around to walk away and was struck from behind more than once by one of the males.      

While interviewing witnesses, dispatch advised that a male had phoned 911 admitting he had been involved in the assault.  The male hung up while on hold but a phone number was obtained.  Recent contacts with the number led Officers to Bradley Still, 22 of Eureka.  Still was contacted by phone and asked to respond to EPD.  

Still came to the department and told Officers he was approached by the victim in the parking lot about looking in cars.  Still said he felt threatened by the victim and punched him because he was afraid of what he was going to do.  He said he left the scene and called police.    

Based on the victim's injuries and witness statements, Still was placed under arrest for mayhem, battery with serious injury, and assault likely to produce great bodily injury.  Still was transported and booked into the Humboldt County Correctional Facility.  



Frequently arrested Justin Patrick to be arraigned on 7 counts: charges include intent to commit rape, sodomy, assault and battery, trespassing and lewd conduct

Justin Patrick is scheduled to be arraigned this afternoon at 1;29 p.m.. He is charged with seven counts; two felonies and five misdemeanors.

I spoke with District Attorney Maggie Fleming and she said that the CAST case would be the lead case. Patrick racked up quite a few different charges in succession, in a matter of few days, right after being released on a plea deal.


Count 1, a felony, is Assault with intent to commit a sex offense. Complaint states "unlawfully assaulted Jane Doe with intent to commit rape, sodomy, oral copulations and violations of Section 264.1, 288 and 289."

Count 2, a felony, False imprisonment by violence, victim Jane Doe

Count 3, a misdemeanor, Assault and Battery, victim Jane Doe

Count 4, a misdemeanor, at HSU Depot

Count 5, a misdemeanor, Assault and Battery, victim Kyle McEdwards

Count 6, a misdemeanor, Trespass by entering and occupying, HSU

Count 7, a misdemeanor, Engaging in lewd conduct in a public place, exposed to public view




Mar 2, 2016


$350,000 bail enhancement granted by Judge for alleged sexual assault suspect Justin Patrick

On Tuesday March 1, 2016, at 8:51pm, Deputies from the Humboldt County Sheriff's Office located attempted sexual assault suspect Justin Farris Patrick in the lobby of the Arcata-Eureka Airport in McKinleyville.  Patrick was interviewed by APD investigators regarding the attempted sexual assault in the 1900 block of H Street in Arcata, and was subsequently arrested and booked into the Humboldt County Correctional Facility by APD on the following charges:

·         PC 664/261(a)(2): Attempted Rape.
·         PC 236: False Imprisonment.
·         PC 243.4(e)(1): Sexual Battery.
·         PC 240/242: Assault & Battery.

A bail enhancement in the amount of $350,000.00 was sought by investigators and was granted by a judge of the Humboldt County Superior Court.

Mar 1, 2016


APD has Justin Patrick in custody

HSU notification:

Arcata Police have arrested Justin F. Patrick, who allegedly sexually assaulted an HSU student and assaulted an HSU staff member today. His arrest followed an intense search by both Arcata Police and University Police.

HCSO press Release:

On Tuesday, March 1, 2016, at about 10:44 p.m., Humboldt County Sheriff’s Deputies responded to the McKinleyville Airport for a report of wanted person Justin Patrick sleeping on the premises. Patrick was wanted by the Arcata Police Department for assault and battery, touching a person intimately against their will, and false imprisonment.

Deputies responded to the airport and approached the sleeping Patrick. Patrick awoke from his slumber after deputies called him by name. Patrick was handcuffed and placed in the patrol vehicle. At the request of the Arcata Police Department, deputies took Patrick to APD Headquarters. Patrick was released to the officers for questioning.

Mar 1, 2016


Just in, Justin Patrick out of custody again, since yesterday, allegedly assaults a HSU staff member

An HSU email states :

University Police are renewing their warning to the HSU community about Justin Farris Patrick. Patrick most recently was on campus today where he allegedly assaulted a staff member. Patrick was previously arrested on Friday, Feb. 26 for lewd public acts.

Patrick had been ordered to stay away from campus for a minimum of 7 days, but appears to have defied that.

Press Release update:

University Police are advising the HSU community to be extremely cautious as the search continues for Justin Farris Patrick.

Patrick has allegedly assaulted two people today. Late this afternoon, a man matching his description assaulted a female HSU student near campus on the 1900 block of H Street. Earlier in the day, he allegedly assaulted a staff member on campus.
Both the University Police Department and the Arcata Police Department have responded to today’s incidents.

Mar 1, 2016


APD looking for Justin Farris as a suspect in an alleged attempted sexual assault

On Tuesday March 1, 2016, at 4:50 pm, the Arcata Police Department responded to an apartment complex in the 1900 block of H Street on the report of an attempted sexual assault that had just occurred in a laundry room.  The survivor received minor facial injuries as a result of the attack and the suspect was last seen fleeing southbound between buildings on H Street.

The suspect was identified as Justin Farris Patrick DOB: 08/19/1990, from a Humboldt State University Caution poster that had recently been provided to students due to Patrick's arrest on campus for lewd acts.  Patrick is believed to be transient in the Arcata area.

Patrick is described as a black male adult, 25 years old, 6'0", 200 lbs with brown hair and brown eyes.  Patrick was last seen wearing a black knit cap, black long sleeved shirt under a white t-shirt and dark colored jeans.  Patrick was also carrying an unknown color jacket and a clear zip lock back with miscellaneous items.

The Arcata Police Department is working with the Humboldt State University Police Department to locate and apprehend Patrick.   Patrick is currently wanted on the following charges:

·         PC 243.4(e)(1): Sexual Battery
·         PC 236: False Imprisonment.
·         PC 240/242: Assault & Battery

Mar 1, 2016


Man accused of lewd acts at HSU last Friday, arrested yesterday had just been released after a plea deal on 3 cases on February 24

Justin F. Patrick had just been released after sending 14 days in jail, pleading out three cases; one from January 2016, one from December 2015 and one from November 2015. The December case was dismissed as a part of the plea deal on February 24.

The November 2015 case was a felony  with Count 1 Vandalism of $400 or more. According to the complaint, Patrick "unlawfully and maliciously defaced with grafitti and inscribed material" and damaged/destroyed window at Domino's Pizza in Eureka.

The December 2015 case that was dismissed involved  a misdemeanor: providing false ID to a peace officer.

The January 2016 case was a misdemeanor. Count 1 Obstructing/Resisting arrest and Count 2 providing false ID to a peace officer. He plead out before his preliminary hearing in this case.

Following his release on February 24,  Patrick was arrested on HSU campus on Friday, February 26. Then he was arrested, again, yesterday, February 29.

Patrick was represented by the Public Defender's office on all his cases.



Mar 1, 2016


Man warned to stay away from HSU campus for alleged lewd acts arrested again yesterday

Justin F. Patrick, who was arrested last week for alleged lewd acts on HSU campus and warned to stay away was arrested again yesterday by the Humboldt County Sheriff's Office for PC 148 (a), basically obstructing or resisting a peace officer.

HSU press Release:

University Police are asking the HSU community to be cautious of Justin Farris Patrick. Patrick was arrested on Friday, Feb. 26 for lewd public acts.

Patrick allegedly approached a woman seated at a table on the second floor of the Library, stood over her shoulder touching his genitals through his clothing while continuing to talk to her. His behavior made her feel threatened and he ignored her repeated requests that he leave her alone. Patrick was arrested and transported to the Humboldt County Correctional Facility.

Patrick has been ordered to stay away from campus for a minimum of 7 days.

Felon in possession of firearm, armor commits crime while armed

On 03-01-2016 at 7:01 AM Deputies from the Mendocino County Sheriff's Office with assistance from law enforcement personnel from the Mendocino County Major Crimes Task Force, County of Mendocino Marijuana Eradication Team, the California Department of Fish and Wildlife and the California Department of Justice executed a search warrant at a residence located in the 46000 block of Fisherman Drive in Laytonville, California.

During the execution of the warrant, Nicolas Scarberry was seen to have a handgun in his waistband and was confronted by law enforcement personnel.  Scarberry was given verbal commands, which he failed to follow.

Sheriff's K-9 "Ruddick" was deployed at which time Scarberry was apprehended without injury to the K-9 or law enforcement personnel.  It was later determined that Scarberry was in possession of a loaded handgun.

During a search of the property personnel located over 100 pounds of processed marijuana, an active hash oil lab, processed hash oil, over 1,000 butane canisters, a small amount of heroin, numerous prohibited firearms and bullet resistant body armor.

Johnathan French and Armando Quiroga were contacted at the scene resulting in them being placed under arrest for the manufacturing of hash oil and committing or attempting a crime while armed with a firearm.  French and Quiroga were subsequently booked into the Mendocino County Jail where they were to be held in lieu of $50,000.00 bail.

Scarberry was arrested for possession of hash oil, possession of a controlled substance, manufacturing hash oil, being a felon in possession of a firearm, possessing a firearm during the commission of a felony, felon in possession of body armor and being in possession of prohibited weapons.  Scarberry was booked into the Mendocino County Jail where he was to be held in lieu of $100,000.00 bail.

In addition, the Mendocino County Sheriff’s Office has received information that Scarberry may have been involved in the commission of numerous thefts while posing as a law enforcement official.  If you have any information regarding this potential activity then please contact the Sheriff's Office tip line by calling 707-234-2100 or at crimetip@mendocinosheriff.com(mailto:crimetip@mendocinosheriff.com) by email.

Male arrested for alleged sexual battery on woman stranger in sauna room

On 02-26-2016 at about 12:15 PM, Mendocino County Sheriff's Deputies responded to a reported sexual battery that occurred at a resort located in the 13000 block of Orr Springs Road in Ukiah, California.

Upon arrival Deputies contacted an adult female who reported she was lying down in a sauna steam room when she was inappropriately touched on an intimate part of her body by an unknown adult male.

The adult female slapped the adult male's hand away and confronted him about the conduct, resulting in him leaving the sauna.

Deputies searched the resort property and located the unknown adult male who was identified as being Armen Novosartov from Novato, California.

Novosartov was subsequently arrested for the listed charge and booked into the Mendocino County Jail where he was to be held in lieu of $20,000 bail.

Mar 3, 2016

Joshua Keyes, the man gambling at casino arrested yesterday had previous felony warrant for concentrated marijuana possession; arraigned today

Joshua Keyes was arraigned on a felony, petition to revoke his post release community supervision, in Courtroom 5 this afternoon. Deputy District Attorney David Christensen was present for the People. The Public Defender's office was appointed to represent Keyes.


Intervention is on March 11. Hearing is on March 16.





HCSO Press Release:

On Wednesday, March 2, 2016 at about 7:30 p.m. Humboldt County Sheriff’s Deputies responded to the Cher-ae Heights Casino for a report of wanted person, 34 year old Joshua Reed Keyes. Keyes was said to be gambling at the casino. Keyes is wanted for armed robbery and a felony parole warrant. Deputies arrived on scene and located Keyes. Keyes initially attempted to pull away from deputies to flee. Deputies were able to apprehend Keyes and handcuffed him without further protests. Neither Keyes nor deputies were injured during the arrest.
Deputies located 9 grams of suspected methamphetamine on Keyes’ person. A silver jaguar was later located in the parking lot by deputies. The keys to the silver jaguar were located in Keyes’ possession.
Keyes was taken to the Humboldt County Correctional Facility where he was booked for robbery and his felony parole warrant. He is not eligible for bail.

Previous (2/19/16):
On Thursday, February 18, 2016 at approximately 4:00 a.m. Humboldt County Sheriff’s Deputies responded to the 2300 block of McKinleyville Ave, for a report of an armed robbery. When deputies arrived on scene they spoke with a male and female victim. The female victim stated two male suspects forced entry into her residence and held her at gunpoint and stole her purse and jewelry. The male victim believed the suspects took an assault rifle and processed marijuana from his 215 grow. The suspects then left the residence and the victims were unharmed. The suspects are considered armed and dangerous.
Suspect #1 is described as a white male adult, wearing a black hooded sweatshirt, a dark scarf over his mouth and nose, and blue jeans. Suspect #2 is described as a white male adult, tall in stature, heavy build, wearing a dark colored hooded sweatshirt with a “white bandana” print on the chest, and dark colored shorts. The suspect’s vehicle may be a white Jaguar.
Arcata Police Dept. Press Release:


On 8/12/2013 at about 8:45pm, an officer with the Arcata Police Department conducted a traffic enforcement stop in the 500 block of K Street.

The driver of the vehicle, identified as McKinleyville resident Joshua Reid Keyes (age 31), was taken into custody for an outstanding felony warrant for the possession of concentrated cannabis.   A search of Keyes’ vehicle and it’s occupants, which included two subject’s on probation for drug related offenses, yielded five pounds of marijuana packaged into separate one pound increments.


Keyes was transported to the Humboldt County Correctional Facility where he was booked for H&S 11360 - Transportation of marijuana and H&S 11359 - Possession for sales of marijuana.





Convicted sex offender charged with possession of child porn, forced oral copulation of minor, providing marijuana to a child and animal cruelty

n September of 2014, a minor female came forward and reported that several years earlier she had been molested by Matthew Thomas McCarthy, 47 of Westport California. While the investigation was ongoing, a second victim came forward, independent of the first, alleging that she too had been molested by Matthew Thomas McCarthy several years earlier.

In September of 2015, Detectives from the Mendocino County Sheriff's Office served a search warrant at McCarthy's residence in Westport. During the service of the search warrant, multiple computers and computer components were seized to be later analyzed for evidence pertaining to the alleged offenses. Also, during the search warrant, several firearms were located at the residence. McCarthy is a previously convicted sex offender and felon and therefore it was unlawful for him to possess firearms.

After the computers were analyzed additional charges of possession of child pornography and cruelty to animals were sought. The case was submitted to the Mendocino County District Attorney's Office along with the findings from his computers.

A Mendocino County Superior Court judge issued an arrest warrant and McCarthy was arrested at the Sheriff's Office Fort Bragg Sub Station on 02-23-2016 at 3:00 PM. McCarthy was booked into the Mendocino County Jail for four counts of lewd and lascivious acts with a child, 3 counts  of forced oral copulation with a child, 2 additional counts of oral copulation with a child under 16 years of age, furnishing or administers narcotics to a child, providing marijuana to a child, cruelty to animals, felon in possession of firearms, and multiple special allegations for prior convictions, including a prior conviction for lewd and lascivious acts with a child. McCarthy is being held in lieu of $850,000 bail.

If there is anybody who has any additional information about these offenses or any other offenses involving Matthew McCarthy please contact the Mendocino County Sheriff's Office Top Line at 707-234-2100.

Assault and battery suspect threatens to shoot Sheriff deputies

On 02-12-2016 at about 6:30 PM Mendocino County Sheriff’s Deputies responded to an assault and battery incident at a business located in the 6100 block of North State Street in Calpella, California.

Deputies contacted a male adult (employee of the business) and a female adult (patron) of the business.

Deputies learned Wayne Ruelle had threatened to kill the adult female by striking her with a hammer and had physically assaulted the adult male by striking him in the chest several times with a twelve pack of beer.

Ruelle thereafter retreated to his residence which was nearby the business.

Deputies had observed Ruelle standing on the porch of his residence and he threatened to shoot the Deputies if he they came onto his property.  Ruelle then retreated inside his residence.

An arrest warrant for Ruelle was obtained for the listed violations and on 02-18-2016 Ruelle was observed on the porch of his residence by Mendocino County Sheriff’s Deputies.

Deputies knocked on the doors and windows of Ruelle’s residence advising him to surrender himself however he made no attempt to communicate or indicate he would surrender.

Deputies made forced entry into Ruelle’s residence where he was quickly taken into custody without confrontation.

Ruelle was booked into the Mendocino County Jail for the listed violations and was to be held in lieu of $45,000.00 bail.

Kailan Meserve jury trial confirmed for March 14; charges include sexual battery, rape by force and forcible oral copulation

Trial confirmation was scheduled today for Kailan Meserve. Deputy District Attorney David Christensen appeared today for his colleague DDA Brie Bennett who is prosecuting the case.

Mr. Russ Clanton appeared on behalf of Meserve, who signed a 977 waiver and was not in court today.

Jury trial was confirmed for March 14. Trial assignment is on March 11 at 8:30 a.m. The trial, if it is a full day trial, is estimated to last two weeks.

Feb 4, 2016


Kailan Meserve jury trial scheduled for March 14

Kailan Meserve had a disposition and reset hearing scheduled in Courtroom 5 this afternoon.

Kailan Meserve was present with father Dave Meserve in court. Time waiver was withdrawn.

Jury trial is now set for March 14. Trial confirmation is March 3 at 2 p.m.

Deputy District Attorney Stacey Eads present for the People. Mr. Russ Clanton represents  Kailan Meserve.



Jan 17, 2016


Kailan Meserve jury trial vacated due to pending appeal of 995 ruling

The defense is planning an appeal of Judge Marilyn Miles's ruling of the 995 motion in the Kailan Meserve case. The jury trial date of January 19 was vacated. A disposition and reset hearing is scheduled for February 4 at 2 p.m.

Kailan Meserve was present in court with his father, Dave Meserve and his attorney Mr. Russ Clanton. Deputy District Attorney Brie Bennett was present for the People.

Dec 21, 2015


Judge Marilyn Miles denies defense 995 motion to dismiss charges against Kailan Meserve which include sexual battery, rape by force and forcible oral copulation

A 995 motion to dismiss most of the sixteen charges including sexual battery, forcible oral copulation, rape by force against Kailan Meserve was denied by Judge Marilyn Miles on December 17, 2016.

Dec 4, 2015


Kailan Meserve jury trial for January 19 date stays set for now

At the December 3, trial confirmation hearing for Kailan Meserve, the trial readiness for the Kailan Meserve was vacated for January 13 was vacated, a trial confirmation was set for January 14 and the Jury trial date remains set for January 19.

Dec 1, 2015


No decision made today on 995 motion to dismiss charges against Kailan Meserve , Judge Miles has taken matter under submission

A hearing for the 995 motion to dismiss charges against Kailan Meserve was scheduled this afternoon at 2 p.m. in Courtroom 2 to be heard by Judge Marilyn Miles.

For this hearing, Deputy District Attorney Zachary Curtis appeared for the People and Mr. David Celli for Kailan Meserve, whose personal appearance was waived for this court hearing.


Judge Marilyn Miles told the attorneys that "this matter is not going to be argued today on a misdemeanor calendar unless you both submit on your pleadings."

Both attorneys said they would.

Judge Miles said that at the last hearing, Mr. Russ Clanton said there would be a lengthy argument. Mr. Celli reiterated the sumbission.

Judge Miles has taken the matter under submission.

Nov 10, 2015


Kailan Meserve 995 motion to dismiss 15 counts including sexual battery, kidnapping and forcible rape continued and case sent to Judge Miles

A motion to dismiss information in the Kailan Meserve case was scheduled this afternoon in Courtroom 5 to be heard by Judge Joyce Hinrichs. Cases for  Courtroom 5  were called in Courtroom 1 this afternoon.

The defense had filed a motion to dismiss information, the People filed an opposition and then the defense filed a reply to the People's opposition.

Mr. Russ Clanton, who is representing Meserve, told Judge John Feeney, "this is a lengthy matter that has been under consideration by Judge Hinrichs. We ask that the matter be set over for two weeks."

Deputy District Attorney Brie Bennett who is prosecuting the case agreed. She said the People needed time to look over the defense's response to the prosecution's opposition to the 995 and see if they will file a response.

Judge Feeney said he had received an email today at 1:15 from Judge Hinrichs, who is the presiding Judge for Humboldt Superior Court. She had given two dates and wanted the matter calendered before Judge Miles.

The 995 motion to dismiss will be heard on December 1 at 2 p.m. in Courtroom 2.

Bail was originally at two million and the DA's office asked it be paid by legitimate means. Meserve made bail and is out of custody. Kailan Meserve was in court with his father Dave Meserve.

Oct 22, 2015


Will all charges be dismissed against Kailan Meserve, these include forcible rape, sexual battery and kidnapping

Kailan Meserve had been charged with 19 counts such as sexual battery, kidnapping, forcible rape, forcible oral copulation, criminal threats, assault by means likely to produce great bodily injury and the case involves two female victims.

After his preliminary hearing in August, one count dismissed by People, two counts not held to answer; Kailan Meserve held to answer on 15 counts including forcible rape.

The two counts Meserve was not held to answer was first degree residential burglary and assault to commit a felony during the commission of a first degree burglary.

Meserve's attorney Mr. Russ Clanton filed a motion to dismiss information on October 20. Deputy District Attorney Brie Bennett is prosecuting this case. The hearing on this motion is scheduled for November 10 at 2 p.m. in Courtroom 5.

The only media coverage on this case has been on my blog.





Sep 3, 2015


Kailan Meserve jury trial set for January 19, arraigned today on 17 felony counts

Kailan Meserve was arraigned on information this afternoon is Courtroom 2 on 17 felony counts with two special allegations. He is being represented by Bay area attorney Randolph Darr and local attorney Mr. Russ Clanton, who made a general appearance today for Mr. Darr.

Meserve was only accompanied in court today by his father, Dave Meserve. A time waiver was entered. Deputy District Attorney Zack Curtis is prosecuting the case but DDA David Christensen handled the arraignment today for the People.

Jury trial is January 19th at 8:30 a.m., Trial Readiness is January 13 at 1 p.m., and Trial Confirmation is December 3 at 2 p.m. in Courtroom 2.

Previous post (with other links):

http://johnchiv.blogspot.com/2015/08/one-count-dismissed-two-counts-not-held.html

Syklar Nemetz found guilty of first degree manslaughter for the death of his wife Danielle

Skylar Nemetz was charged with first degree murder. After almost two weeks of deliberations, the jury verdict just came in around 3:45 p.m.

Sentencing is March 25.

I just spoke with Danielle's family friend, more like a dad to her, and will update the post later. Family and friends are not happy with the verdict and out of respect , I will wait to talk to them when they are ready.

The trial was prosecuted in Pierce County, Washington. It received national attention.

With a firearms enhancement, five years will be added to Nemetz's sentence.

Link to Washington state laws on homicide:


http://statelaws.findlaw.com/washington-law/washington-manslaughter-laws.html


Previous posts:

http://johnchiv.blogspot.com/2016/02/murder-trial-going-on-in-washington-for.html
http://johnchiv.blogspot.com/2016/02/link-to-pierce-county-website-that.html
http://johnchiv.blogspot.com/2016/02/the-danielle-rippeon-nemetz-you-will.html
http://johnchiv.blogspot.com/2016/02/video-of-closing-arguments-in-skylar.html

DHHS assistant director of programs , Barbara Lahaie leaving ; who will Connie Beck chose to replace her?

Barbara LaHaie, DHHS assistant director of programs is leaving her current position in Humboldt County to go to another position at PACE.

DHHS Director Connie Beck said, "Barbara's position will remain vacant until after we are done with the review of the department as suggested by the WBCP report."  

Day 4 Jury trial for Gary Lee Bullock; as of today Bullock has been in jail for 791 days

Individual jurors are being questioned on certain r responses on the long questionnaire in a closed courtroom. This is the schedule for the rest of the week.

Day 4 jury trial. Gary Lee Bullock has been in jail for 791 days. He looks very different from his booking photos, he has gained weight.

First photos of a blood soaked t-shirt removed from Fr. Eric's body, broken pieces of a cell phone, a damaged door that had been forced and shards of glass near the broken window usedd to enter the rectory

Former EPD Detective Todd Wilcox, who now works as reserve staff for HCSO testified yesterday morning. Starting at #21 and ending at #120, photos and physical items recovered from the crime scene at St. Bernard's rectory and Church property were identified and admitted into evidence by the People in the Gary Lee Bullock case in the morning court session.

Mr. Wilcox was on the stand from 8:35 a.m. to 12:05 p.m. with one 15 minute morning break.

Starting with photos of the broken window to photos leading to the rooms upstairs in the rectory where Fr. Eric Freed's body was found, broken glass shards, paint chips, pipe rust chips, metal pipes, empty alcohol bottles, and what seem to be blood stains and smears on carpet, in the bathroom as
well in various rooms upstairs to the actual a blood soaked shirt removed from Fr. Eric's body was admitted into evidence drawing the timeline and path of the person who allegedly killed and tortured Fr. Eric Freed. Deputy District Attorney Andrew Isaac questioned Mr. Wilcox. Mr. Kaleb Cockrum also questioned and looked at some physical items by going up to the witness stand.




This is how Fr. Eric looked when I said goodnight to him on New Year's Eve after helping put altar vessels away in the sacristy and assist with closing the church. As I walked to set up for mass, the next morning, I have written about walking on the pathway between the church and the rectory, seeing what I did. Signs that made my heart sink when Fr. Eric did not show up for New Year's Mass.
There was no sign outside that someone had been there except for the chips and strange symbol outside the unlocked bathrooms.

 As I stood with other Eucharistic Ministers at the back of the church, I said to them, "This is not like Fr. Eric, he is always here at least 10 minutes before mass." I should know, for 10 years I was at that church daily, assisiting and attending. For the past 5 years, setting up daily, locking the church, assisting in various ministries. All which involved seeing Fr. Eric daily. I called St. Bernard's home. Now, I have not been to church for 5 months.

I have only broken down and cried once, briefly, since we lost Fr. Eric. Two days after Fr. Eric died at Friday mass. It was my birthday. I set up, Bishop Vasa was saying mass. A close friend I had not seen in years, who was also my church sponsor, walked in and hugged me. I lost it. I was  still expecting Fr. Eric to walk in to say mass. Yesterday, as I was in court, I was stoic, as a dear friend described me after Fr. Eric's death, but when I came home, my heart was heavy, I could not cry.

I have been in the rectory downstairs and watching photos of places where usually I was there for meetings, sharing chicken soup that Fr. Eric had cooked and offered to the RCIA team and members, places where I had walked with Fr. Eric to get items for the sacristy; to see this space that was a safe haven for me violated by a man who brutally murdered someone I cared for and respected is a feeling I cannot put into words.

I had not been to the upstairs of the rectory until last year when we cleaned out the upstairs to prepare it for the priests living there now. The carpet had not been replaced and I saw the room where it had been cut out and the outline of Fr. Eric's body. As if Fr. Eric was watching over us, as I was putting some items, I found a bookmark with his 2014 strenna and a rosary and asked our current pastor, Fr. Tom if I could have these instead of throwing them away. It is all I have of Fr. Eric besides my memories. The rosary was of significance to me because it was the first ministry I started under Fr. Eric which led to many others.

There was no one in the audience except me, only the Judge, the DA Investigators, bailiffs, the attorneys and court staff and Bullock.

Deputy District Attorney Andrew Isaac showed Mr. Wilcox a diagram of St. Bernards Church property which included the church and the rectory. Then he showed photos and later exhibits.

Photos:

#21 Photo of the broken window that Bullock broke into, he is on church surveillance video breaking and climbing through the window. "The window was in that condition when I first saw it with a filter propped up against the window," said Mr. Wilcox.

To someone like me walking up that pathway that morning, from outside, the view one would have had is of the filter, which was misleading, looked like maintenance might have placed it there to fix the window. No glass was present to indicate otherwise.

#22 Exterior view of the rectory, the other side, not the side where the broken window was located. Photo of a heavy metal pipe, Wilcox said it looked like a drain pipe. "Inside the building, we found a piece of the pipe in the rectory. It was not in the room where Fr. Freed was found," said Mr. Wilcox. "It seemed out of place in the interior room." That room has been referred to as the "storage room."

#23 View of the same window from inside, window sill had what "appeared to be broken glass," said Mr. Wilcox. "No glass outside so it appeared that the window was broken into from outside with impact." There is video of Bullock breaking into the window and climbing in to the rectory.

#24 Looking from the interior hallway into the mechanical room where the broken window is located. I can tell you that this is the window closest to the porch and back door of the rectory. From outside it is the window located closest to the handicap ramp near the church.

#25--photo of broken window from another angle showing filter blocking part of the window

#26--closer look at the window. These photos were taken on January 1, 2014.

Mr. Wilcox said he was called at home in the morning around 6:30/7, even before he arrived, crime scene tape had been put up. A log was being maintained by an officer on the scene of everyone who entered and left and this included Detective Wilcox.

#27 Main interior hallway downstairs of the rectory leading to foot of stairwell and a door which leads into a foyer that can be accessed through the front entrance.

#28-Shows steps of the stairwell leading up from the foot of the stairwell in previous photo and there were yellow evidence markers on the steps

#29--a white piece/chip was collected, said Mr. Wilcox because "it may be of some significance since the pipe found outside had a white painted exterior"

#30--debris on carpet consistent with debris found at several places in the rectory and similar rusty pieces fell out of the pipe. Mr. Wilcox said the material was similar to what was found outside the bathrooms located on the church property. These are located near the parking lot.

#31 --piece of cellophane material, "cigar wrapper", other pieces of cellophane on the stairs and there were cigars found in a room upstairs in a box next to Fr. Eric's body.

#32--more cellophane material on a landing and then stairs went further

#33--referred back to exihibit #7--closer look and you can see portion of a cell-phone

#34--A diagram of the room where Fr. Eric's body was found and the location of major items in the room including a wheeled table, a coffee table, a fridge, two airmchairs/recliners and a flat screen TV.

#35 the "bedroom" with a bed, bathroom, closet and this room led into the room where Fr. Eric's body was found. The bed had been completely stripped of all bedding.

#36-- bathroom

There were three rooms referred to as Fr. Eric's suite by DDA Isaac and Mr. Wilcox. The third room was referred to as a "storage room."

At this point Mr. Cockrum asked the bailiff for a pencil for Bullock, said something to Bullock who shook his head, "no."

#37-a bookshelf in upstairs hallway at the end of the hall and another room with a Japanese print covering the entrance, pieces of wood and paint chips

#38--closer view of those paint chips

#39--piece of wood leaning against a wall with a nail in it. Mr. Wilcox said that he found other similar pieces in  a garden area next to the bathrooms outside

#40---referred to as the "victim room", more pieces of wood, one of three empty Glenlivet bottles that were recovered from the crime scene. A calendar on top of accumulation of blankets wrapped around Fr. Eric that had "been lit" said Mr. Wilcox. "The bedding was wet, odor consistent with alcohol."

#41-Blue armchair facing the TV in victim room, bedwrappings

#42--Showing a photo of the victim room, DDA Isaac asked Mr. Wilcox a question, and Mr. Wilcox responded with, "no signs of a struggle."

#43--Gift box with three Glenlivet bottles

#44--Victim room with TV, "office area" with printer/computer

#45-brown armchair and on the "seating area", there was a pillow with a power cord laying over it, which Mr. Wilcox said was "kind of odd."

#46--door with entry to victim room, near the door knob the damage had "appearance that the door was broken into/forced into"

#47--closer look at the damage on that door

#48--overall picture of the door with location marked of red spots, seven blood spots were marked with an evidence marker.

#49-location of additional red stains on base board of the wall near door

#50-another perspective of the door

#51--baseboard with red stains

#52=photo with sticky notes next to red stains and spots

#53--red spot on white painted surface of door frame

#54--closer look

#55--photo of victim room taken from vantage point of outside from the hallway looking in

#56-Photo of Fr. Eric with a black crucifix around his neck and the cross laying on his chest, white chips on his chest with contusions and bruises, face bloodied and gashed, lower body covered by blankets

#57--Fr. Eric's bloodied and bruised hands, lower body covered and wrapped in blankets, piece of wood near his armpit and head

#58--calendar and a Glenlivet bottle stacked up towards Fr. Eric's feet which are covered under the blankets.

#59--two more empty Glenlivet bottles, they found three empty Glenlivet bottles

#60--broken "Pilsner" glass, "at the tapered closed end, something missing, " said Mr. wilcox. "That end was jagged and sharp", red smears around the exterior of the glass

#61--next to Fr. Eric's body, glasses on the floor, handle of the recliner soaked partly with red

#62--Fr. Eric's body body with calendar and two empty Glenlivet bottles

#63--body exposed with flecks of rust, exposed abdomen, part of underwear and leg

#64--Glenlivet bottle, corkscrew, broken "Pilsner" glass, cigar box

#65--photo of Fr. Eric, broken table, top had been removed, towards upper half of room, you can see "no signs of struggle"

#66--red stains on the table, table top had been removed,

#67--chunk of Fr. Eric's shirt that had been torn off

#68--tape dispenser with red smears

We took our mid morning break, when we returned the paper in front of Bullock had nothing on it. He sat through all this evidence showing no emotion.

#69--room directly adjacent to the victim's room

#70--a wristwatch with red stains on the floor

#71--wristwatch from another angle

#72--long cast iron pipe on top of boxes, gouges in surface of the wall, same gouges on the chest of Fr. Eric's body

#73--close up of gauges on the wall

#74--"under pad of cell phone", part from same cell phone as #75

#75--another portion of the cell phone

#76--LG cell phone battery

#77--close up of wrist watch which had been turned over to the front to photograph, blood covered the part where the clock is located

#78--bedroom, mirror on the closet, evidence markers on the mirror

#79--bathroom, white smear with red

#80--bathroom , red stains in shower stall and in sink and on bar of soap

#81--bottom of shower stall, red stains

#82--bathroom sink, red stains; bars of irish spring with red marks; red stains by wet wipes

#83 and #84--photos of shower floor

#85--shower door, red stains

#86--red discoloration where bottle of shampoo/body wash was in the shower

#87--another angle of the bathroom sink and bars of Irish Spring soap

#88--close-up of soap and wet wipes

#89--close up of Fr. Eric's knee cap taken while unwrapping layer after layer wrapped around Fr. Eric's body; piece of wood embedded into skin. This was removed before the coroner bagged the body so evidence wouldn't fall off, Photograph taken before removing evidence.

#90--Same close-up of piece of wood in left knee, blood with wood chips embedded; other knee photographed

#92--close up of knee cap

#94--picture of door with evidence marker next to remote opener opening garage

#95--partially burned wooden match in kitchen sink

#96--kitchen photo, evidence marker next to cigar. Mr. Wilcox said that originally the cigar was in the burner on the store but had been removed by first responders so there would not be an explosion. Evidence marker placed on stove burner

#97--pack of matches on kitchen counter that were consistent with match in the kitchen sink

#98--close up of where the match was


Physical exhibits:

# 99--a long piece of pipe wrapped and secured

#99 A--the long piece of pipe found in the "storage room" where there were gouges in the wall

#100--t shirt scrap torn off and found near Fr. Eric's body

#101--Fr. Eric's t-shirt removed from Fr. Eric's body covered and soaked in blood

#101A--t shirt wrapped up in brown paper bag and then placed in a plastic bag

#102--envelope containing the cigar removed by first responder from the burner

#102 A--placed in a plastic bag

#103 and #103 A--envelope with wristwatch, placed in a plastic bag

#104 and 104 A--LG envelope containing cell phone battery, placed in a palstic bag

#105 and #105 A--control panel from cell phone, placed in a plastic bag

#106 and #106 A--cell phone battery cover collected from storage room, placed in a plastic bag

#107, # 108 and #109 --each was an empty Glenlivet bottle

#110 and #110 A--calendar collected from top of Fr. Eric's wrapped body

#111 and #111A--piece of clear cellophane found on stairwell, placed in a plastic bag

#112=smaller piece of cellophane

#113 very small piece of cellophane, "appeared to be sealed with heat," said Mr. wilcox.

#114--piece of wood embedded in Fr. Eric's body

#115--piece of wood near Fr. Eric's head and armchair

#116--larger wooden stake, thicker than others wrapped around the middle with fabric used for ID, found undernearth Fr. Eric

#117--tape dispenser still with red stains, some of blood had been swabbed for processing so less stains than in photo

#118 and #118 A--piece of drain pipe, Knights of Columbus magazine, bagged together, both items found under Fr. Eric's body

#119 and #119 A--broken cigar box found under table, outside was dusted for fingerprints; four Cohiba cigars and 11 belmondo cigars; a blue-green sponge and a glass butter dish (the sponge and butter dish were not moved into evidence today)

#120--broken Pilsner glass








California Assembly to vote on raising smoking age in California this afternoon

Today the California Assembly approved a bill that would raise the minimum smoking age in California from 18 to 21.  Senate Bill (SB) 2X-7 is part of the Second Extraordinary Session called by the Governor in June 2015 and represents a merger of Assemblyman Jim Wood’s (D-Healdsburg) Assembly Bill (AB) 2X-8 and Senator Ed Hernández’s (D-West Covina) SB 2X-7.  Assemblyman Wood is now the principle co-author of the bill that will head to the Governor’s desk.

Assemblyman Wood said, “It’s estimated that 90% of all smokers start before the age of 21. Fewer smokers means healthier people, healthier people means we spend less money on healthcare.  The only loser in this equation is the tobacco companies, and in my opinion, they have won for long enough.”

The parts of an adolescent’s brain responsible for decision making and impulse control are not fully developed at age 18 causing young brains to be highly susceptible to the addictive properties of nicotine.   This bill, authored by two healthcare providers in the legislature, recognizes this phenomenon and helps protect young people from a potential lifetime of addiction

The University of California, San Francisco recently published a study estimating that Californian’s spend over $9.8 billion treating the effects of tobacco use every year, roughly $3.5billion of which is billed directly to Medi-Cal.

Assemblymember Wood served as Mayor when the City of Healdsburg became the first city in the state to pass a ban on the sale of tobacco products to anyone under 21 years old.

“As a healthcare provider I see first-hand the devastating effects of tobacco use. I have worked on policy to reduce tobacco consumption my whole life, I am so grateful to my colleagues who stood up, did the right thing, and helped make this happen,” said Assemblyman Wood.

In July of 2015 the Center for Disease Control released a study indicating that 75% of adults support raising the minimum age to 21, including 70% of current smokers.

SB 2X-7 will now go to the Senate for a vote this afternoon.


Six arrested, including three male juveniles in altercation in Fortuna, investigation ongoing


On 3/2/2016 at about 7:00 pm officers were dispatched to a report of a physical altercation involving several subjects at a residence in the 1200 block of Home Ave. in Fortuna.

Upon arrival Officers learned that the physical altercation had taken part between two groups. One of the groups fled prior to officers arriving on scene. Some of the involved individuals on scene had sustained minor injuries as a result of the altercation and did not require emergency medical treatment.
As a result of the investigation officers learned that the altercation stemmed from ongoing issues between two adult male individuals and an unreported physical altercation that had occurred between the two earlier in the day at about 3pm. It appears that both individuals involved in the earlier physical altercation anticipate a further physical altercation between them and solicited other individuals to join them in the physical altercation that took place at the residence in the 1200 block of Home Ave. in Fortuna just before 7pm.

When one group arrived at the residence in the 1200 block of Home Ave. the other group at the residence exited the residence and a physical altercation ensued. It should be noted that the group that arrived at the residence brought a wooden club, knifes and a handgun which was reportedly discharged one time into the air. Thankfully there were no serious injuries as a result of the altercation.

Officers located and arrested the following subjects who had responded to the residence in the 1200 block of Home Ave. in Fortuna with weapons and engaged in the physical altercation.

Luis Angel Ramirez Moreno (Age 18) of Fortuna

Jose Ignacio Gonzales (Age 18) of Eureka

Victor Sanchez Jr. (Age 19) of Eureka

Were booked into the Humboldt County Correctional Facility.

As well as three male juveniles from Eureka, who were booked in Juvenile Hall.

All subjects arrested were booked on several charges ranging from Assault with a Deadly Weapon to Assault and Battery.

The investigation is ongoing as to who discharged the firearm and the handgun has not been located at this time.

Despite Coast Guard and K 9 assistance, Adam Sundberg still not in custody

On Wednesday, March 2, 2016, at about 11 a.m. the Humboldt County Sheriff’s Office received a call from a female victim who stated she was in a verbal altercation with her ex-boyfriend at the Trinidad Cemetery. The victim stated the suspect, 36 year old Adam Daniel Sundberg, broke out her car windows with a baseball bat. The victim was able to flee in her vehicle. She pulled over on the side of the road at Murphy’s Market. Sundberg caught up with the victim and jumped into her vehicle through the broken back window. Sundberg gained control over the victim and her vehicle and drove to Fox Farm Rd in the Westhaven area. Sundberg pulled over and threw the victim from the vehicle. Sundberg yelled multiple threats at victim. Knowing law enforcement had been called, Sundberg wanted the victim to go with him, but she refused. Sundberg slapped the victim with an open palm and fled into the wooded area nearby.
Deputies searched the area for Sundberg. The United States Coast Guard responded with their helicopter to assist. The Sheriff’s Office K-9 unit responded as well. Deputies were unable to locate Sundberg. A Be-On-the-Lookout was issued. Sundberg is wanted for felony domestic violence, battery, kidnapping, and criminal threats. The female victim received non-life threatening injuries from Sundberg.
If Sundberg is spotted, do not attempt to apprehend him. Please contact the Sheriff’s Office or your local law enforcement agency.