Charles McCovey held to answer on all charges, arraignment for jury trial on March 18

Charles McCovey had a preliminary hearing scheduled today. It was held in Courtroom 4. He was held to answer on all charges.

Arraignment on information for jury trial is March 8.

Feb 9, 2016

$100,000 bail set for Charles McCovey charged with assault with a deadly weapon, obstructing a peace officer, resisting an executive officer and resisting arrest

This afternoon, Charles McCovey was arraigned for the February 4 incident in Courtroom 5. Judge Joyce Hinrichs set bail at $100,00.

McCovey is charged in Count 1 assault with a deadly weapon other than a firearm with a special allegation that he personally inflicted great bodily injury on his alleged victim; Count 2 Resisting an Executive Officer;
Count 3 Restricting /Obstructing a Peace Officer and Count 4 Resisting arrest. Counts 1 and 2 are

Deputy District Attorney David Christensen is prosecuting this case. Public Defender Mr. Owen Tipps was appointed to represent McCovey. Not guilty pleas were entered, time was not waived.

Intervention is February 16 at 3 p.m. Preliminary hearing is February 24 at 8:30 a.m.



HCSO Press Release:

On Thursday, February 4, 2016, at about 11:53 p.m. deputies responded to Marshall Ln. at Big Hill for a report of a stabbing. The suspect, Charlie aka “Little Charlie” McCovey, was attempting to assault a neighbor when the 26 year old male victim heard the neighbor yelling for help. The victim ran to the neighbor’s residence and located an IMA adult standing on the porch of the residence. An altercation ensued and McCovey stabbed the victim, causing a large laceration. The suspect then fled the area. Deputies searched the area and were unable to locate McCovey. McCovey is said to be from Oregon and sometimes stays with relatives in the Hoopa area.


McCovey should be considered dangerous and armed with a large knife. He is described as an Indian male adult, about 5’9”-5’10”, thin build with a goatee. He was last seen wearing a grey hoodie, blue jeans, and black/blue Jordan tennis shoes. McCovey is believed to be 19 years old. The victim’s wound is not life threatening.

No bail for Troy McCluskey, felon busted for violation of probation and posession of meth

On Tuesday, February 23, 2016 at approximately 7:00 p.m. the Humboldt County Sheriff’s Office received an anonymous tip that suspicious activity was occurring at a residence in the 3700 block of Busey St, Eureka. It was reported a wanted felon, 30 year old Troy McCluskey was on scene and suspected drug activity was occurring there.

Deputies responded to the residence and no one answered the door. Deputies left the residence but remained in the area to watch for activity. Shortly thereafter, a subject who also lived at the residence approached. Deputies contacted the subject and explained they were looking for McCluskey, a wanted felon. The subject claimed to not have a key to the residence but would climb in through a window, and voluntarily climbed through the window to let deputies search the residence for McCluskey. Deputies entered the residence and McCluskey was located in the bedroom and taken into custody. Katy Lee, age 21, of Manila, was also located in the residence. Lee also had a felony warrant out for her arrest. Due to McCluskey’s probation status with a search and seizure clause, deputies continued their search of the residence and located suspected methamphetamine.

Lee and McCluskey were transported to the Humboldt County Correctional Facility. Lee was booked for her outstanding felony warrant for transportation and sales of a controlled substance, and McCluskey was booked for a violation of probation, possession of methamphetamine, and for his outstanding felony warrants for transportation of a controlled substance for sales and evading peace officers. Lee’s bail was set at $10,000. McCluskey was not eligible for bail.

Mendocino County Assistant DA Paul Sequeira gets life in prison sentence for man who sexually abused his daughters over 15 years

Life in prison for Mendocino County father who sexually abused two daughters

A Mendocino County parent was sentenced Tuesday afternoon to 81 years to life for the chronic sexual abuse of his two daughters over a 15-year period.

In preparatory remarks made before imposing sentencing, Mendocino County Superior Court Judge Ann Moorman described the case against Donald Earl Dunakin, age 63, as one of the worst child sexual abuse cases she had ever seen. The oldest victim also eventually addressed the Court, while also confronting her father. Those in the packed courtroom sat silently as the victim courageously explained what he had forced her and her younger sister to endure. She thanked some of those who have since helped her in recovery.

Assistant District Attorney Paul Sequeira then echoed Moorman’s sentiments. “The defendant has asked for leniency so that he can have some hope, but he doesn’t deserve any hope. What hope did the defendant give his daughters as he abused them day after day, month after month, year after year? Mr. Dunakin deserves to spend the rest of his life in prison for what he did,” said Sequeira.

Dunakin plead guilty back in October to six felony counts of child sexual abuse, including four counts of perpetrating a sexual act with a child under the age of ten. Sequeira said all the charges stem from continuous sexual abuse of two separate victims during a time period spanning from 1997 to 2014.

Dunakin, along with his longtime live-in companion Ina Selene Medina, age 49, were arrested at their Talmage area home in January 2014 after the county’s Child Protective Services unit was made aware of the abuse happening in the Dunakin home. CPS, in turn, reported the information to the Sheriff. Sheriff investigators gathered evidence that the couple -- who had lived together in the Ukiah Valley for 30 years -- had been sexually abusing at least two of their children for many years, sexual abuse which included sharing their children as sex objects with male adult friends of Dunakin.

Medina eventually entered guilty pleas in April 2015 to charges that included aggravated sexual assault on a child under the age of fourteen years, and lewd and lascivious acts on a child under the age of fourteen years. Judge Moorman sentenced Medina in June 2015 to a stipulated sentence of 20 years to life in state prison. Assistant DA Sequeira also handled the prosecution of Medina.

Paul Sequeira

Video of closing arguments in Skylar Nemetz jury trial; he is charged with the alleged murder of his wife, Danielle

Links to closing arguments:

https://youtu.be/uqxSvMBR3w8

https://youtu.be/cOZ8_QeuZ_Q

Link to interview with Danielle's family on local Fox affiliate:

http://q13fox.com/

Stabbing of female in Fortuna not a random or stranger attack says FPD

 The Fortuna Police Department continues its investigation into the stabbing incident involving a 29 year-old female on February 19, 2016.

The victim has been transferred to a bay area hospital and is recovering from her injuries. Two Fortuna Police investigators have travelled to the victim’s location and have conducted interviews with the victim.

The investigation is ongoing. The Fortuna Police Department is confident that this was not a random or stranger attack. 

" Arreaga got away with murdering Angel Tully and Harley Hammers Jr! We really feel he was the shooter and Shavonne Hammers was the cause of it! "

"My name is Sonya Higlen, sister of Angel Tully who was murdered September 3, 2014.
The verdict came in as " Not Guilty " on all counts.
From myself, who's been there, to hear the verdict is an "INJUSTICE" and feel Jason Arreaga got away with murdering Angel Tully and Harley Hammers Jr!  We really feel he was the shooter and Shavonne Hammers was the cause of it!  The jurors should be ashamed of themselves, for letting a double murderer go free!
Our families our in a state of shock and disbelief!! "

New attorney appointed for Joe Olivio, Jr, one of four suspects in Jesus Garcia homicide

Conflict Counsel was relieved and private attorney, Ms. Christina Allbright, was appointed for Joe Olivio, Jr. today. His next court date is February 25.

Feb 19, 2016

Lot of last minute changes in the court hearings and attorneys for the four suspects charged in the death of 14 year old Jesus Romero-Garcia

Lot of changes in the hearings scheduled for the four suspects in the 14 year old Jesus Romero Garcia homicide.

Mario Nunez, the fourth co-defendant is scheduled to be arraigned this afternoon at 1:29 p.m. in Courtroom 5.

Joe Daniel Olivio and Nicholas Leigl's preliminary hearing for February 22 has been vacated and continued at the request of the District Attorney's office. Setting for a new date is scheduled for February 25 at 2 p.m. in Courtroom 5.

Leigl has now retained a private attorney, Michael Acosta to represent him.

Joe Olivio has a hearing on 2/23 for appointment of counsel. He was being represented by Conflict Counsel.

Joe Olivio III's arraignment was continued until February 25 so he can hire private counsel.

All suspects are in custody.

Feb 18, 2016

Joe Olivio III's arraignment continued for another week; he is charged with the homicide of Jesus Garcia

Joe Daniel Olivio III's arraignment was continued from February 11 to today so he could obtain private counsel. He is the third co-defendant out of a total of four charged with the death of Jesus Garcia. His araignment was continued for yet another week for the same reason.

He is in custody. His mother was in court today. At Judge Joyce Hinrich's request, Conflict Counsel's Mr. Marek Reavis spoke with Olivio's mother and told the Judge that "they had made progress and expected to retain counsel in three days."

Deputy David Christensen said "he had concerns because the People want to try all the cases together", however he did not object to the arraignment being continued to February 25 at 1:30.

Olivio III's father and co-defendant Nicholas Leigl have a preliminary hearing scheduled for February 22. They also have an intervention scheduled today at 3 p.m. The fourth co defendant is expected to be arraigned on February 22.

Charges for Olivio III are the same as the other co-defendants murder with special allegation that he was an active member of a criminal gang and that the murder was committed to further activities of the street gang.

Olivio III has an additional special allegation that he was a minor at the time of the crime, at least 16 years old.

Feb 16, 2016

Joe Daniel Olivio, another suspect in homicide of Jesus Garcia arraigned this afternoon

Joe Daniel Olivio, Jr, one of the other suspects in the homicide of Jesus Garcia was arraigned this afternoon in Courtroom 4.

District Attorney Maggie Fleming was present at the arraignment. Mr. Marek Reavis from Conflict Counsel was appointed for Olivio, Jr. He said most likely his colleague, Mr. Greg Elvine-Kreis would be Olivio's attorney.

A time waiver was entered. For now, Olivio Jr's dates are the same as Nicholas Leigl, the first suspect to be arraigned. Intervention is Feb 18. Preliminary hearing is February 22.

Olivio's son's arraignment was continued until February 18 so he could hire a private attorney. Mario Nunez has an active bench warrant out.

Count 1 murder with special allegation that he was an active gang participant at the time and the murder was committed to further activities of the criminal street gang.

Previous post:

http://johnchiv.blogspot.com/2016/02/homicide-of-14-year-old-from-2014.html?m=1

Feb 9, 2016

Appointment of attorney for Nicholas Leigl, a suspect in the Jesus Garcia homicide, with alleged ties to the 18th street gang in limbo

Confirmation of Counsel was scheduled this afternoon for Nicholas Leigl. Alternate Conflict Counsel's Mr. Glenn Brown was in court and told Judge Joyce Hinrichs that he had only received a summary of the possible witnesses in this case and was waiting to get discovery from the People.

Until then, he could not deny or confirm appointment because he could not determine if there was a conflict.

Deputy David Christensen was in court for the People.

Feb 5, 2016

No bail for Nicholas Leigl, first suspect arraigned for homicide of Jesus Garcia

Preliminary hearing February 22 at 8:30. Office of Alternate Conflict Counsel appointed for now. Mr. Marek Reavis of Conflict Counsel made a special appearance for his arraignment.

"We waive OR/Bail without prejudice," said Mr. Reavis.

According to the bail schedule, with the special allegation, he is to be held with no bail. Deputy District Attorney Jackie Pizzo was present for the People.

Confirmation of Counsel is February 9 at 2 p.m. Intervention is February 18 at 3 p.m. Preliminary hearing is February 22 at 8:30 p.m.

Feb 5, 2016

Nicholas Leigl, one of the suspects in the Jesus Romero-Garcia with alleged ties to the 18th street gang arraigned for murder and criminal street gang charges

Nicholas Leigl will be arraigned this afternoon at 3 p.m. in Courtroom 5.

Count 1 Murder with special allegation that he was an active participant in a criminal street gang and the murder was committed to further activities of the gang.

He is one of the suspects in the homicide of Jesus Romero-Garcia and is believed to have connections to the 18th street gang.

Feb 4, 2016

District Attorney Maggie Fleming gives update on status of arraignments for suspects in Jesus Garcia homicide

District Attorney Maggie Fleming said, "We have contacted the department of corrections regarding our warrants for two of the defendants who are in prison.  The other two are also in custody – one in our county and one out of county.  We will have to arraign them as they arrive here.  No word yet on how soon they will be transported."

Feb 4, 2016

Homicide of 14 year old from 2014 involves alleged connection to Mexican gang mafia

EPD held a press conference this morning.

DA has filed charges. Mexican gang mafia, 18th Street gang and homicide of Garcia is believed to be due to an internal gang dispute.

Captain Brian Stephens held the press conference.

This is the text of what Captain Stephens read to the media:

On December 17, 2014, at about 8:10 a.m., a citizen near McFarland and 15^th Street, found a male subject, ultimately identified as 14 year old Jesus Romero-Garcia, lying on the front lawn of a home on 15^th Street.  The citizen reported Jesus appeared to be sleeping.  The citizen tried to get Jesus’s attention but he would only make groaning noises.  It was raining at the time and Jesus’s body was wet.  The citizen called the Eureka Police Department at approximately 8:22 a.m. for a welfare check.  At the time the citizen didn’t notice Jesus had suffered any injuries and none were reported to our Dispatch center.

At approximately 8:34 a.m., the first two EPD Officers arrived on scene to investigate.  They contacted Jesus and quickly learned he was bleeding, had been stabbed, and was having labored breathing.  The officers summoned medical aid to the scene.  Detectives from the Eureka Police Department also responded to the scene to take over the investigation.  City Ambulance transported Jesus to St. Joseph Hospital’s emergency room where he was pronounced deceased approximately one hour later.  While examining Jesus’ body, investigators discovered three wounds in his upper front thorax area, consistent with being stabbed.  They also discovered what appeared to be several defensive knife wounds to his forearm.

Based on the initial facts learned during the investigation of the crime scene where Jesus was found, investigators believed he suffered his mortal wounds at another location and was transported and left somewhere near his final location on 15^th Street.  It is believed Jesus was left on or near 15^th Street approximately 8 ½ hours prior to being found by the citizen.

On the same day as Jesus’s murder, at approximately 9:00 a.m., the United States Marshall Service Fugitive Task Force, working with the Fortuna Police Department, received information regarding a felony warrant suspect, Joseph Daniel Olivo Jr.  Olivo’s warrant was for a parole violation and he was believed to be armed.  At approximately 9:45 a.m., Olivo was observed as an occupant in a parked sedan in the Strong’s Creek Plaza in Fortuna.  Two officers approached the vehicle and it fled towards Highway 101, resulting in a vehicle pursuit.  Olivo eventually pulled to the rear of a residence and surrendered to officers.  A second subject, Mario Nunez, who had exited Olivo’s vehicle just prior to the pursuit was located within the Strong’s Creek Plaza and arrested by the Fortuna Police for a felony warrant and possession of narcotics.  As a part of the follow-up investigation Olivo’s son, Joe Daniel Olivo III was located and arrested. According to the State Parole, Olivio Jr., and Nunez are connected to the Mexican Mafia as well as the Sureno gang.  Olivo III is known to EPD officers as an associate to the local Sur 13 gang. These were significant arrests and would be vital to our homicide investigation.

At the onset of the investigation, Investigators were misled by social media and were seeking a known Norteno gang member.  However, two days after the murder, an alternate theory began to develop based on other sources.  On the afternoon of December 19, 2014, Investigators received a letter in the mail from an anonymous source.  This anonymous source gave specific details about what happened and who was involved in the murder of Jesus.  This source named the four suspects who were eventually arrested and throughout the investigation, Investigators were able to find supporting evidence for everything stated in the anonymous letter.

This has been an extensive and complex investigation.  Even though we had identified the suspects early on in the investigation, our Investigators needed to build a case and collect and process all the relevant evidence and prepare a thorough report that would assist the District Attorney’s Office with prosecution of the suspects.  This was done through significant collaboration with the local office of the Federal Bureau of Investigations, Federal Probation Department, United States Marshall Service, the local Department of Justice Forensic Lab, the Redding DNA lab, and the San Luis Obispo Probation Department.

During the course of the investigation, Investigators obtained and served 15 search warrants, identified and processed several crime scenes, and collected and processed over 100 pieces of evidence.  The result of all this hard work culminated on February 02, 2016 with warrants being issued by the Humboldt County Superior Court for the arrests of the following suspects for PC 187 (a) - Murder:

Joe Olivo Jr, 37 years old, Validated Mexican Mafia gang member from San Luis Obispo, arrested on February 3^rd, while being housed at Pelican Bay Prison.  Has contacts in Eureka since 2008.

Joe Olivo III, 18 years old, Sureno gang member from San Luis Obispo, arrested on February 2^nd by the San Luis Obispo Probation Department and Gang Task Force.  Has contacts in Eureka starting since 2012.

Mario Nunez, 30 years old, Validated Sureno gang member from Watsonville, arrested while being housed at San Quentin prison.  Has contacts in Eureka since 2000.

Nicholas Leigl, 33 years old, History with the 18^th Street gang from Eureka, arrested on February 3^rd by EPD’s POP team as he arrived at his place of employment.

All the above suspects have ties to the Eureka area and local arrest.  The motive behind the murder of Jesus appears to be for the furtherance of the Sureno gang and involved an internal dispute within the gang.

The suspects will all be transported back to Humboldt County at some point in the future and arraigned on the murder charge.

The Eureka Police Department will not stand for gang activity in the City of Eureka, especially activity that is associated with violence.  If you’re involved in this type of activity we will eventually find you and bring you to justice. The citizens of Eureka and those who come to our city for a multitude of reasons deserve to live and travel in peace and safety.

Mario Nunez, suspect in Jesus Garcia homicide gets preliminary hearing date set in March, for now

Mario Nunez was appointed private attorney, Mr. David Celli, and his arraignment was continued to this afternoon. Mr. Russ Clanton appeared for Mr. Celli today and confirmed appointment of counsel. Time was not waived.

A stack of discovery was given by Deputy District Attorney David Christensen to Mr. Clanton in court today.

There are dates for other co-defendants on February 25. For now, intervention for Nunez has been set for March 1 at 3 p.m. and Preliminary hearing is set for March 7.

Feb 19, 2016

No bail for Mario Nunez, third suspect in alleged gang related homicide and death of Jesus,Garcia, arraignment continued

Mario Nunez, the third co-defendant, in the Jesus Romero Garcia homicide was scheduled to be arraigned this afternoon. He also had a petition to revoke his post release community supervision.

No bail on both cases.

Count 1 murder with special allegation that he was an active gang participant at the time and the murder was committed to further activities of the criminal street gang.

Public defender offices cannot represent him, he cannot afford his own attorney, Mr. David Celli, private attorney was appointed for him.

Arraignment continued until February 23 at 1:30 p.m.

Link to other posts and background on this case:

http://johnchiv.blogspot.com/2016/02/lot-of-last-minute-changes-in-court.html

Juveniles allegedly vandalized Dow's Prairie Elemtary School

On Monday, February 22, 2016, the Humboldt County Sheriff’s Office responded to Dow’s Prairie Elementary School in McKinleyville for a report of a vandalism that occurred over the weekend. The suspects entered a classroom and wrote profanity on the walls, placed dish soap on the floor, and damaged classroom equipment. A witness came forward and told deputies they heard a disturbance from that classroom and took pictures of two juveniles leaving the campus near the vandalized classroom. The juveniles were later identified and the investigating deputy sheriff contacted the juvenile’s parents and notified them about the criminal investigation. The school administration and the parents of the juveniles will attempt to work out restitution between each other. If an agreement cannot be made, this case will be referred to Juvenile Probation for prosecution.

Jury in Fieldbrook double homicide case second trial finds Arreaga not guilty on both counts

Around 10:30 a.m. this morning, after just two hours of deliberation this morning, the 9 women, 3 men jury in the Jason Arreaga case had a question.

They started deliberations yesterday at 4 p.m. They broke for lunch at noon, came back at 1 and had reached a verdict. The verdict on both counts was unanimous and Arreaga was found not guilty of first degree murder for both Harley Hammers, Jr. and Angel Tully and not guilty of the lesser charges of second degree murder and voluntary manslaughter.

Jason Arreaga sobbed after the verdict for the first count was read and grasped his attorney, Ms. Holmquist's hand in gratitude. After the second verdict of not guilty was read, he kept sobbing. Ms. Holmquist also teared up.

The courtroom was packed with HCSO staff, deputy district attorneys and public defenders. People silently left the room. Angel Tully"s sister wept as the verdicts were read. Harley Hammers Sr, walked out silently.

The first trial had a hung jury, 9 guilty, 3 not guilty.

CDCR has no record on murder charges for Jason Warren, transfers him to low security prison and he is due to be released in 2018

Jason Warren who should be spending life at Pelican Bay has been transferred to a lower security prison, Deuel, located in Tracy, California.

According to information, I received, the CDCR has no record of any conviction on murder charges and Warren is due to be released in 2018.

I contacted Dorothy Ulrich's mother, Mrs. Shirley Ortega. She confirmed my information and said she contacted the D.A's office.

I just spoke with D.A. Maggie Fleming and she said that Warren was transported from the Humboldt County jail on one of his cases which was an assault case; the packet for the lifetime case was supposed to follow. So, Warren isn't free yet.

Dillon Gallatin, one of 4 arrested in Palco Marsh incident held to answer on all charges, arraignment in March

A preliminary hearing was scheduled this morning for Dillon Gallatin.

Gallatin was arraigned on February 8 and had an OR/Bail hearing on February 9. Judge Joyce Hinrichs denied release on OR and Supervised Release. Gallatin is charged in Count 1 with carrying a concealed dirk or dagger. Count 2 Obstructing/Resisting a Public Officer.

Deputy District Attorney David Christensen is prosecuting this case. Public Defender Mr. Owen Tipps was appointed to represent Gallatin.

The preliminary hearing was handled by DDA Brent Kling. Mr. Kevin Robinson represented Gallatin at the preliminary hearing.

EPD Sgt. Patrick O'Neill was the only witness who testified this morning. He described the events of that day with him responding to reports of a sudpicious person trying to start a grey Hyundai in the parking lot near Bayshore Mall. When he approached Gallatin, he said that the defendant told him this was his girlfriend's car and the key had snapped and broken. Gallatin had a dog with him and while he was trying to put the dog in the car, a Foot locker employee came up to Sgt. O'Neill and told him Gallatin had stolen items from the store. Gallatin at this point ran, Sgt. O'Neill chased him for 1/4 of a mile through the mall into the Greenbelt area. When Gallatin was finally detained and searched, a fixed blade knife measuring "8 1/2 inches", the blade was "3 1/2 inches."

Judge Bruce Watson held Gallation to answer on all charges and denied defense's 17 (b) motion to reduce the charges to a misdemeanor.

Feb 9, 2016

Two arrested at Palco Marsh arraigned; alleged reckless driver charged with prowling

Two of the people arrested at the Palco Marsh were arraigned recently.

Dillon Gallatin was arraigned yesterday and had an OR/Bail hearing this afternoon. Judge Joyce Hinrichs denied release on OR and Supervised Release. Gallatin is charged in Count 1 with carrying a concealed dirk or dagger. Count 2 Obstructing/Resisting a Public Officer.

Deputy District Attorney David Christensen is prosecuting this case. Public Defender Mr. Owen Tipps was appointed to represent Gallatin.

Intervention is set for February 18. Preliminary hearing is set for February 23.

Frederick Schallenberg was arraigned today. He is charged in Count 1 with tampering with an automobile. In the complaint, it lists that he allegedly tried to break and remove a license plate of a Silver Hyundai without the consent of the owner, Pacific Tow.

Count 2 is Disorderly Conduct and peeking into an inhabitated building. The complaint lists that he was "prowling" at Pacific Tow.

OR/Bail hearing is set for February 11. Trial Confirmation is February 16 at 2 p.m.. Jury Trial is February 29 at 8:30 a.m.

Feb 8, 2016

Reckless driver arrested at Palco Marsh has prior conviction, one of the activists charged with interference has ties to Occupy Eureka and is not even local

Of the four people arrested February 5 at the Palco Marsh, Stanton Wood was arrested in 2012 at a vacant house squatting and allegedly was one of the five identified himself as part of the Occupy Eureka movement. http://www.times-standard.com/article/ZZ/20120119/NEWS/120119334

Frederick Schallenberg plead guilty to several charges in 2013.

Feb 5, 2016

16 calls within 2 hours with various incidents at Palco Marsh including reckless driving that almost hit an EPD Captain and citizens

Gallatin

Schallenberg

Wood

Zivolich

On February 4, 2016, Detectives from the Eureka Police Department Problem Oriented Policing Team (POP) were assisting with the weekly inmate work crew (SWAP) cleanup of the Palco Marsh.  A group of activists and advocates were on scene videotaping and speaking with Detectives and residents of the marsh.

At about 2:00 p.m., two activists began to interfere with the cleanup and got in the way of equipment.  Stanton Wood, 29 of Florida, and Hannah Zivolich, 20 of Irvine, were arrested and booked into the Humboldt County Correctional Facility (HCCF) for interfering and obstructing.

At about 2:30 p.m., while an EPD Captain was speaking with homeless advocates, a silver sedan recklessly drove through the marsh at a high rate of speed, passing in close proximity to the Captain and a couple citizens.  The vehicle continued south through the marsh on an access road and additional officers were requested to respond.

Officers located the vehicle still running but unoccupied a few hundred yards south from where it was originally seen. Officers found the male driver attempting to hide in a bush nearby.  As Officers were attempting to make contact with the male, his large dog aggressively charged at the two officers.  One Officer attempted to use OC spray but the dog changed directions and started toward the second officer.  The second Officer was forced to discharge his firearm.  The dog was struck and died immediately.

The male was identified as Frederick Schallenberg, 35 of Eureka.  Schallenberg was arrested and booked into HCCF for DUI, driving on a suspended license and reckless driving.

At 2:33 p.m., while the reckless driving incident was still being investigated, a mall employee called reporting that a male that had stolen a pair of red shoes two days ago was inside the mall wearing the stolen shoes.  No Officers were available to respond at the time of the call.

At 3:15 p.m., a caller reported that a male was attempting to start a vehicle in the parking lot with a screwdriver.  An Officer responded and contacted the male, later identified as Dillon Gallatin, 25 of North Carolina.  A mall employee came out and said that Gallatin had stolen the pair of red shoes he was wearing two days ago.  Gallatin immediately fled from the Officer, through the parking lot, into the mall, and out through the Palco Marsh.  Gallatin eventually tired out and was taken into custody without further incident.  Gallatin was transported and booked into HCCF for resisting arrest and possession of a concealed dagger.  His involvement in theft from mall stores is currently under investigation.

16 additional calls for service came through the Eureka Police Communication Center during this chaotic 2 hour period. 

Crime Prevention presentation at Eel River Multigenerational Center in Fortuna

From Fortuna Police Department Facebook page.

Second jury trial for double murder in Fieldbrook concludes, jury deliberations started late this afternoon

The second jury trial for Jason Arreaga, suspect in the double murder of Harley Hammers and Angel Tully, which happened in Fieldbrook concluded this afternoon with closing arguments.

Around 4 p.m., the jury started deliberations. Judge Marilyn Miles was the trial judge. Deputy District Attorney Zachary Curtis prosecuted the case. Public Defender Ms. Heidi Holmquist represents Arreaga.

Kade Chandler arraigned for last year's Hwy 36 accident which resulted in the death of two women and injury to a third male

This afternoon Kade Chandler was finally arraigned this afternoon in Courtroom 5.

The original incident occurred in February 2015.  Chandler was 20 years old at that time.

Chandler is charged with Count 1 gross vehicular manslaughter, Count 2 gross vehicular manslaughter while intoxicated and special allegation of great bodily injury.

Deputy District Attorney Roger Rees is prosecuting the case.

Courtroom 5 was packed with family and friends of the three victims and their lawyers.

Ms. Elan Firpo represents the third victim in the accident, Bradley Thuemler. Mr. Patrik Griego represents the families of the two women, Savannah Kiana Kindred and Kendra Paige Leialoha Lewis. who died in the crash. His colleague David Nims was in court today for the arraignment.
The two women were members of the Blue Lake Rancheria Tribe.

Private attorneys Mr. Benjamin Okin represents Chandler. Mr. Manny Daskal was also in court on behalf of Chandler and requested discovery.

Pleas of not guilty to all charges and special allegations were entered by Mr. Okin on Chandler's behalf. Chandler stood quietly next to Mr. Okin in court. He was dressed in jeans and a striped shirt.

There was discussion about his custody status because Chandler appeared out of custody and people wanted remand this afternoon. DDA Roger Rees also explained why it took so long to arraign Chandler.

"The People are asking the Court to remand Mr. Chandler and to set bail according to schedule," said Mr. Rees.  He said Chandler failed to negotiate a turn and was intoxicated with a combination of cocaine, opiates, marijana and alcohol. "As a result two people lost their lives." One of the women was 20 years old and the other barely over 20 years old, said Mr. Rees.

"Mr. Chandler's conduct puts entire community at risk," said Mr. Rees. " The reason Mr. Chandler is here today instead of an arrest warrant is because the People have kept in touch with Mr. Okin. As a courtesy to him and his attorney, we allowed him to appear out of custody."

Mr. Rees said that the reason arraignment took so long was that before charges could be filed, "significant investigation was done" which included investigation by the California Highway Patrol's Multi-Disciplinary team, DNA analysis and because the individuals were not wearing seatbelts, seating positions had to be determined. The report took a long time.

Judge Hinrichs acknowledged that while there were public safety issues, an arrest warrant contained declarations under penalty of jury and provided information to the Court which would be helpful to make a decision on custody status.

Mr. Okin asked for OR with terms and conditions and said this was a year later and his client was not a flight risk.

"The People were put in a position to charge prematurely than dismiss; the People took the time to gather evidence," said Mr. Rees. "The community should not be punished."

Chandler remains out of custody for now. Judge Hinrichs allowed him to leave "on OR today" with terms and conditions of no alcohol, that he could be subject to chemical testing and search and seizure without an arrest warrant and if he was insured with a valid license, he could only drive to work between the hours of 6 a.m. and 5 p.m. She referred Chandler for a supervised release report from probation.

His custody status will be addressed on February 24 at 2 p.m. Intervention is currently set for February 29 at 3 p.m. and Preliminary hearing is set for March 3 at 8:30 p.m.

Press Release:

On June 9, 2015 the law offices of Zwerdling, Bragg, Mainzer & Firpo filed a personal injury lawsuit in Humboldt County Superior Court on behalf of Bradley Thuemler. 

The suit alleges that on February 21, 2015, Kade Chandler lost control of his vehicle and crashed on State Route 36 while driving under the influence of alcohol. Zwerdling, Bragg, Mainzer & Firpo represent Bradley Thuemler, a passenger who was seriously injured in the incident. The incident also resulted in the death of two female passengers, Savannah Kiana Kindred and Kendra Paige Leialoha Lewis.

Bradley Thuemler seeks compensatory and punitive damages from Kade Chandler.

CHP press release:

On February 21, 2015, at approximately 10:45 p.m., Kade Chandler, was driving his 2005 Toyota Tundra eastbound on SR-36, east of Swimmers Delight.  Due to Chandler’s level of drug/alcohol impairment and traveling at an unsafe speed, Chandler failed to negotiate a curve in the roadway and allowed his vehicle to run off the north road edge and where it collided with a large redwood tree before overturning down an embankment. 

As a result of the collision, Chandler and passenger Savannah Kindred were ejected from the vehicle and sustained major injuries.  An additional unrestrained female passenger (name withheld pending notification) succumbed to her injuries at the scene. Passenger Bradly Thuemler, who was restrained at the time of the collision, suffered moderate injuries.    Chandler and Kindred were transported to Redwood Memorial Hospital.  Kindred was transferred via air ambulance to Santa Rosa Memorial Hospital.  Thuemler was transported to St Joseph Hospital.

Chandler was subsequently arrested for felony DUI and vehicular manslaughter.  He was released to Redwood Memorial Hospital for treatment of his injuries. 

Emergency personnel from the Carlotta Volunteer Fire Department, Bridgeville Volunteer Fire Department, City Ambulance, Humboldt County Coroner’s Office, and the California Highway Patrol responded to the scene. 

Judge refuses to grant mistrial in the Skylar Nemetz homicide jury trial

According to Danielle's family friend, James Peltier, witnesses in the jury trial for Skylar Nemetz charged with the murder of his wife Danielle concluded today. The trial is being held in Pierce County, Washington.

Mr. Peltier said that the Defense made a motion to have the case declared a mistrial claiming that someone on the jury must have or had to have seen something on National Television. Mr. Peltier The only evidence they brought into was media coverage of the Nancy Grace show. 


The Judge did not grant a mistrial. Currently jury instructions are being debated. The jury will have the options of first degree murder, second degree murder, first degree and second degree manslaughter. The jury is scheduled to hear closing jury instructions and attorney's closing arguments tomorrow.



Previous posts:

johnchiv.blogspot.com/2016/02/the-danielle-rippeon-nemetz-you-will.html
http://johnchiv.blogspot.com/2016/02/link-to-pierce-county-website-that.html

Feb 10, 2016

Murder trial going on in Washington for Skylar Nemetz for the murder of his wife Danielle

The murder trial in Washington  is currently going for former Arcata High School student Skylar charged with murdering his wife, Danielle.

Nemetz was discharged from the Army. His defense attorney tried to halt the trial claiming a scheme between prosecutors and the Army to discharge his client. That effort was unsuccessful.

Nemetz is charged with the Oct. 16, 2014 shooting death of former McKinleyville High School cheerleader Danielle Nemetz, whom he married and moved with to Washington, when

Nemetz pleaded not guilty to charges of first-degree murder. He claimed hat shooting his wife in the back of the head with an AR-15 rifle while she sat at her computer had been an accident.

According to KIRO 7 in Seattle, Nemetz took the stand today.
https://m.facebook.com/Justice-for-Danielle-Rippeon-Nemetz-319976391523666/

Links to coverage:

http://komonews.com/news/local/trial-begins-for-former-soldier-accused-of-murdering-his-wife

http://www.dailymail.co.uk/news/article-2804323/Soldier-shot-killed-19-year-old-wife-AR-15-kept-protection-fury-man-brought-liquor-charged-murder.html

http://m.nydailynews.com/news/crime/wash-soldier-accused-killing-wife-confined-military-base-posting-bail-article-1.1996834

Judge Hinrichs and Deputy DA PIzzo watch out for the public and do not release Gary Morris despite probation's recommendation

Gary Morris was denied supervised release on Friday, February 19 despite probation's recommendation after Judge Joyce Hinrichs agreed with Deputy District Attorney Jackie Pizzo and ruled in favor of public safety.

DDA Jackie Pizzo said, "The People's concern is he is on probation for DUI, he just committed a new one. He was speeding through pursuit including running through stop signs. There is concern for public safety. "

Judge Hinrichs said that after "two misdemeanor probations, he did not follow orders under supervision and the Court will not follow recommendation."

Mr. Marek Reavis from Conflict Counsel's office has been appointed to represent Morris.

Feb 19, 2016

$95,000 bail set for McKinleyville's Gary Morris most recently arrested for fleeing from law enforcement

Gary Morris was arraigned yesterday in Courtroom 5. Deputy District Attorney David Christensen was present for the People. Conflict Counsels' Mr. Marek Reavis was appointed for Morris.

Morris was arraigned for a new felony complaint for which his bail was set by Judge Joyce Hinrichs at $75,000. He had three misdemeanor cases, bail was $10,000 for one case and $5,000 each for the other two.

He has an OR/Bail hearing today at 2 p.m. An intervention hearing on February 25. Preliminary hearing is set for March 2.


HCSO Press Release:

On Monday, February 15, 2016, at approximately 10:41 p.m. Humboldt County Sheriff’s Deputies observed a vehicle pass their location on Highway 101 near Clam Beach. They estimated the vehicle was travelling about 74 mph. The vehicle drove by deputies earlier in the evening while they were conducting a traffic stop and yelled obscenities. Deputies attempted to stop the vehicle which failed to stop and a pursuit ensued. The vehicle finally stopped at a residence on the 1200 block of Perini Street, McKinleyville. The male driver, later identified as 24 year old Gary Morris, of McKinleyville, exited the vehicle with a small dog. Morris dropped the dog off at a residence and deputies attempted to take him into custody at this time. Morris resisted arrest and after a brief struggle was handcuffed and placed into the patrol vehicle. Morris was found to be in possession of marijuana.

While en route to the Humboldt County Correctional Facility, Morris was belligerent and made numerous threats towards the deputies and the deputies’ family. Morris was booked for resisting arrest, evading a peace officer, failure to stop at a stop sign, unsafe lane change, driving without a license, driving in excess of 65 miles per hour, possession of marijuana, violated terms of probation, and driving under the influence of alcohol or drugs. His bail has been set at $50,000.

Georgia bust finds over 500,000 worth of meth in fire extinguishers; Australia bust finds $900,000 worth of meth in bra inserts

http://news.yahoo.com/cops-over-500-000-worth-212100112.html

Excerpt:

Police in Georgia recently pulled off a major drug bust after a weeks long investigation led them to over $500,000 worth of methamphetimine stuffed into hollowed out fire extinguishers.

Excerpt:

Australian authorities announced last week the arrest of four men they say tried to smuggle around $900,000 worth of methamphetamine into the country inside silicone bra inserts and art supplies.