Man who claimed many armed subjects were forcibly entering his residence arrested instead for alleged charges of being under the influence and imagining home invaders

On 07-26-2016, at about 1:14 AM, Mendocino County Sheriff Deputies were dispatched to a residence located in the 4000 block of Albion Ridge 'J' Rd., Albion, regarding a report of many armed subjects forcibly entering the residence and possibly committing a robbery. The reporting party, Laura Doty, reported hearing several gunshots in another room of the residence and said that her husband, Douglas Higginbotham, had armed himself with a shotgun.

Upon arrival Deputies heard the report of gunfire coming from the residence as they approached. Deputies eventually made contact with the occupants of the residence including Douglas Higginbotham, who promptly dropped the shotgun when ordered to do so. Deputies established that no one was injured, no one had forced entry, or attempted to force entry, into the residence and that no one else was at the property or in the residence other than the occupants, (Higginbotham, Doty, and their grandchildren, ages 2 and 4 years).

The ensuing investigation revealed that Higginbotham and Doty were both under the influence of a controlled substance. Higginbotham imagined armed invaders in the home, told Doty to call 911, and began shooting through the interior walls and doors with the shotgun to repel the imagined invaders. Higginbotham and Doty brought the children into a room, where Higginbotham fired more shots toward the door and through the walls to other rooms of the house. No persons were injured by Higginbotham's random shots.

Deputies arrested Douglas Higginbotham for 273(a) PC [Child Endangerment], 246 PC [Discharge of Firearms in an Inhabited Dwelling], and 11550(e) H&S [Possession of a firearm while being Under the Influence of a Controlled Substance]. Higginbotham was lodged at the Mendocino County jail to be held in lieu of $100,000.00 bail.

Laura Doty was not arrested, but deputies have requested that the Mendocino County District Attorney file a charge of a violation of 11550(a) H&S [Recent use of Controlled Substance]. The grandchildren were taken into protective custody by Mendocino County Child Protective Services.

Defense intends to file 995 motion in Kirby Bay case regarding Count 3

Kirby Bay was arraigned on information for jury trial this afternoon.

The complaint filed by the DA has three counts. Count 1 stalking. Count 2 Criminal Threats. Count 3 Possession of a firearm by a felon with a prior; the firearm being a handgun. A special allegation for all three counts is prior conviction of a serious or violent felony or juvenile adjudication for negligent discharge of a firearm.

Bay's attorney, Mr. Marek Reavis said he intends to file a 995 motion because Bay was not held to answer on Count 3 at the preliminary hearing.

Jul 14, 2016

Kirby Bay held to answer on charges of stalking and threat of crime resulting in death

The preliminary hearing scheduled for Kirby Bay was continued from July 13 to today because the DA's office was still waiting on some reports.

This morning after an almost three hour preliminary hearing in which the alleged victim testified, Visiting Judge Robert Crone Jr. held Bay to answer on two felony counts.

Count 1 Stalking, Count 2 Threat to commit crime resulting in death. The DA can add Bay's record and additional charges of posession of a firearm for arraignment of information.

Defense request to reduce both charges to misdemeanors was denied. Arraignment on information on July 27 at 2 p.m.

Jun 30, 2016

Kirby Bay denied release on OR after victim tells Judge that "he has violated the restraining order 15 times" and allegedly threatened to kill her

Kirby Bay was denied release on OR this afternoon by Judge Joyce Hinrichs after hearing from the People and the victim in this case, Megan Smith, who was present and made a statement in court, according to Marcy's law.

Ex HSU football player Raul Siera's alleged rape case may resolve , arraignment put over a week

Raul Sierra was scheduled to be arraigned in Courtroom 5 this afternoon. There was no complaint filed in the computer.

Deputy District Attorney Brie Bennett said that  "we are close to a resolution" and asked that arraignment be postponed and defense agreed, asked for a week.

Arraignment is now scheduled for August 3 at 2 p.m.

Sierra waived time for his arraignment.

Preliminary hearing post:

http://johnchiv.blogspot.com/2016/07/i-am-laying-on-my-bed-and-he-is-on-top.html

Jul 13, 2016

Ex HSU football player Raul Sierra held to answer on forcible rape charge after preliminary hearing

Arraignment on information at 2 p.m. on July 27 in Courtroom 5.

Jul 10, 2016

Preliminary hearing for ex HSU football player Raul Sierra charged with forcible rape by use of drugs scheduled for tomorrow

The preliminary hearing for Raul Sierra was continued from June 23 to tomorrow, July 11. Sierra is the former HSU football player, charged with forcible rape by use of drugs.

The case is being prosecuted by Deputy District Attorney Stacey Eads. Sierra is being co=represented by private attorneys Manny Daskal and Beorn Zepp.

HSU Sgt. Janelle Jackson is one of the witnesses expected to testify.

The booking photo is old and Sierra is now clean shaven.

Previous post:

http://johnchiv.blogspot.com/2016/05/preliminary-hearing-for-suspended-hsu.html

Search warrants in Fortuna hit and run "indicates that further additional investigation indicates Marci Kitchen was the driver of the jeep at the time of the collision"

In search warrants for the Fortuna hit and run case, one search warrant which was used to obtain digital records related to a wireless phone number, indicate that a friend of Marci Kitchen's son, who is the brother of Kiya Kitchen, ( who is Marci Kitchen's daughter and one of the victims) told law enforcement that "he believes that Marci and (son's name not printed in post) have the same service."

"During interviews with  (son's name not printed in post), conducted by Officer Adams over the course of the last several days, (son) indicated that his mother (Marci Kitchen) has attempted to call him and dissaude him from talking with law enforcement.

The search warrant indicates that further additional investigation indicates Marci Kitchen was the driver of the jeep at the time of the collision which resulted in the death of Kiya Kitchen and Faith Tsarnas.

I have not posted the entire document or some photos which have identifying information and names of the friend and Marci Kitchen's son.

Stephanie Pearlston also filed a Domestic Violence Prevention Order against Joshua Pearlston; this in 2015

There is a case management conference on August 22 in a family law case filed on August 26, 2015.

In this case, Stephanie Pearlston filed for a Domestic Violence Prevention order, with a minor child. She is the petitioner and the respondent is Josh Pearlston.

Josh Pearlston was sentenced in May 2011 for a case filed in March 2011.He was charged with using wireless phone while driving (not hands free). He was fined $159.

He was sentenced for another case later in 2009. Fined $ 270. Charge: exceeding maximum speed.

In July 21, 2009, he had another traffic/infraction case, which was "disposed before hearing" and records say it was a conviction. The last note was pay or appear on 11/20/09.

Sentencing for Zachary Glascoe who plead out in 2013 SR 36 accident case postponed

Zachary Glascoe was scheduled to be sentenced this afternoon in Courtroom 4 at 4 p.m. Today's date was vacated and he will be sentenced on July 28.

Jul 6, 2016

Case for Zachary Glascoe from 2013 SR 36 accident results him pleading to gross vehicular manslaughter while intoxicated.

Zachary Glascoe, who was supposed to start his jury trial yesterday, on July 5, instead he plead out to PC191.5(a), gross vehicular manslaughter while intoxicated.

He will be sentenced on 7/26.

The case is being prosecuted by Deputy District Attorney Brie Bennett. Glascoe is represented by Mr. Russ Clanton.

Photo published in Arcata Eye (2013)

CHP Release (from 2013):

On Saturday at approximately 6:30 PM, Zachary Glascoe, age 29, of Arcata, CA, was driving a 1996 Ford Mustang and was traveling westbound on SR-36 at mile post 21.04. Glascoe allowed the Mustang to travel into the eastbound lane and the Mustang was struck broadside by a Ford F-250 pickup being driven by Dustyn Watson, age 35, of Petrolia, CA.

The right front passenger of the Mustang (female, age 28, of Arcata, CA- name withheld pending notification of next of kin) sustained fatal injuries as a result of the collision and was pronounced deceased on scene by medical personnel.

Medical personnel from Cal-Fire, Carlotta Vol. Fire Dept., Bridgeville Vol. Fire Dept., and City Ambulance, responded to the scene and assisted with extrication of the deceased, medical treatment, and patient transport.

During the investigation, and after receiving medical treatment, Zachary Glascoe was arrested on suspicion of driving while impaired resulting in injury or death, and gross vehicular manslaughter while intoxicated. Glascoe was transported to the Humboldt County Jail and booked on felony charges.

Former TS editor Kimberly Wear with a byline in the North Coast Journal?

Someone sent me a link to the North Coast Journal blog. I noticed the byline was by Kimberly Wear.

I emailed Times Standard editor Kimberly Wear, inquiring if she is now working for NCJ, the TS email got returned.

Her facebook page says, worked for the Times Standard.

Thad Greenson, left Times Standard to go over to NCJ. Now, his former boss is writing for NCJ?

With Kim at NCJ, will there be other changes at the weekly publication?

Hank Sims, Ryan Burns, Andrew Goff of LOCO, all are former NCJ staffers.

What will the next musical chairs of TS, NCJ and LOCO bring about?

Thanks to the media angel who forwarded this to me a few minutes ago. Tells you how often I read NCJ 😉

http://www.northcoastjournal.com/humboldt/a-fond-farewell-a-warm-welcome/Content?

I knew Grant was at HSU and I am happy for him. Looking forward to seeing you around more, Kim.

Jury selection going on for Charles Wesley Cole charged with animal cruelty; the alleged incident occurred in January 2016

Jury selection is currently going on in Courtroom 2 for Charles Wesley Cole. He is charged with Count 1 Depriving an animal of drink or shelter.  Judge Marilyn Miles is the trial judge.

Mar 8, 2016

Cats or risk further prosecution; Visiting Judge tells Charles Wesley Cole who is charged with animal cruelty

Charles Wesley Cole was told by Visiting Judge Douglas Phimister that he "had a lifestyle choice to make." The Judge told Cole that he could either keep the cats or risk further prosecution if further abuse was alleged.

Jury trial for suspects in Jesus Garcia homicide rescheduled for next year

This afternoon in Courtroom 5, there was a pre-trial hearing scheduled for all the suspects in the Jesus Garcia homicide. There was also a motion to continue filed by Ms. Christina Allbright, attorney for Joe Olivio Jr and Ms. Andrea Sullivan, attorney for Joe Olivio III, a request that Mario Nunez's attorney, Mr. David Celli, joined in today in court.

The People did not oppose the motion to continue.

After hearing from all attorneys, Visiting Judge Robert Crone granted the request for a continuance. The jury trial for August 22 has been vacated. A trial confirmation is scheduled for 2 p.m.on December 14 and the new jury trial date is January 7, 2017.

Nicholas Leigl's attorney Mr. Michael Acosta objected to the continuance.

Mr. Celli has filed a non-statutory motion to dismiss on  behalf Mario Nunez which will be heard on July 28. The People have filed an opposition.

 There is also a motion on behalf of Nunez tomorrow titled "access to residence to heard tomorrow morning"


Deputy District Attorney Jackie Harkness is prosecuting the case for the People.

May 23, 2016

Private attorney for one of the suspects in Jesus Garcia homicide requesting a continuance

Trial confirmation is scheduled on May 25 for the four suspects in the Jesus Garcia homicide.

Anakalia "Andrea" Kaluna Sullivan, Joe Olivio III's private attorney She is a Lake  and Mendocino County criminal defense attorney with offices in Ukiah and Lakeport.

Another disposition and reset hearing scheduled for Tuel brothers, alleged suspects in Humboldt Hill shooting

There was a disposition and reset hearing for the Tuel brothers yesterday. Visiting Judge Robert Crone was subbing in for Judge Joyce Hinrichs.

Another disposition and reset hearing was scheduled for August 25.

Jun 26, 2016

Defense requests continuance for preliminary hearing for Broc and Colt Tuel, alleged suspects in Humboldt Hill shooting

Since the Tuel brothers, Broc and Colt, made bail this week, there was no need for a OR/Bail hearing June 23. Their attorneys, Mr. Patrik Griego and Mr. Michael Robinson requested modifications to the CLETS protective orders for their respective clients, that was not addressed. They filed 977 forms for waiver of personal appearance for certain court hearings and entered time waivers on behalf of their clients.

Broc Tuel and Colt Tuel were both present with their attorneys.

The defense requested a continuance to the preliminary hearing scheduled for July 5. Deputy District Attorney said that the People would not oppose that if the "victims agree" but that the People were "unable to notify the victims of the request for continuance".

That issue will be addressed during intervention on June 29.

Jun 22, 2016

Alleged Humboldt Hill suspects Brock and Colt Tuel each made bail, which was $500,000 for each and are out of custody

Alleged Humboldt Hill shooting suspects Brock and Colt Tuel made bail, which was $500,000 each, and are out of custody.

Previous post (with links to all coverage):

http://johnchiv.blogspot.com/2016/06/brock-and-colt-tuel-served-with.html

Preliminary hearing for Michael Smith charged with the stabbing of David Lee Watkins continued at defense request

A preliminary hearing for Michael Smith today was continued at the request of defense. The new date is August 9. Visiting Judge Robert Crone granted the request.

Jun 27, 2016

Mckinleyville stabbing suspect charged with assault, battery and false imprisonment preliminary hearing continued

A preliminary hearing is scheduled for Michael Smith aka Michael Shawn Smith this morning in Courtroom 5.

Deputy District Attorney Jackie Pizzo was present for the People. Witnesses expected to testify were HCSO Detective Todd Fulton and Deputy B. Brawner.

The new preliminary date is July 26.

Mr. David Lee is representing Smith. Ten day waiver was entered by both Smith and the People.

He is charged with a felony in Count 1, assault with a deadly weapon, a knife, on David Lee Watkins with the special allegation that he personally inflicted great bodily injury on Watkins.

Count 2, a felony, false imprisonment by violence, on Jane Doe.

Count 3, a misdemeanor, battery on a non-cohabitating spouse.

Jun 14, 2016

Mckinleyville stabbing suspect Michael Smith charged with assault, battery and false imprisonment; arraignment this afternoon

Michael Smith aka Michael Shawn Smith was arrested Friday by HCSO Detective Todd Fulton and booked into the jail at 4 p.m. He had not been released as of Monday evening. He was booked for PC664/187(a), attempted murder.

This afternoon at 1:29 p.m. Smith was arraigned in Courtroom 5. He is charged with a felony in Count 1 Assault with a deadly weapon on David Lee Watkins; the weapon being a knife. Special allegation for Count 1 is "personally inflicting great bodily injury" On Watkins. Count 2 is False Imprisonment by Violence, another felony; victim Jane Doe and Count 3 Battery on a non cohabitating partner, a misdemeanor.

Conflict Counsel's Mr. Marek Reavis was appointed to represent Smith. On Smith's behalf, Mr. Reavis entered not guilty pleas; did not waive time; he did "waive bail/OR without prejudice."

Smith was served with two CLETS protective orders. Intervention is on June 20 at 3 p.m. The preliminary hearing is scheduled for June 27 at 8:30 p.m.

Jun 10, 2016

DOB of suspect in Mckinleyville stabbing being confirmed, name is Michael Shawn Smith, from Ohio

Just spoke with Undersheriff William Honsal. HCSO is trying to get confirmation on the suspect's date of birth before sending out a press release.

The suspect name that HCSO was given is Michael Shawn Smith, from Ohio.

"Just after midnight, deputies responded to 1908 D Avenue in Mckinleyville to a report of stabbing," said Undersheriff Honsal.

"The initial response was for domeztic disturbance. When they arrived, they found a male victim in front of the residence. They called for medical assistance and the victim was transported to the hospital, where he is recovering from injuries."

Jun 10, 2016

Victim in Mckinleyville stabbing was neighbor trying to help in dispute, condition unknown

This is all I have at the moment from Undersheriff William Honsal.

A press release should be out within the hour.

No victims located in Highland and Cottage street incident, EPD investigating

   
On July 24, 2016, at about 9:30 p.m., officers responded to the vicinity of Highland Avenue and Cottage Street for the report of a disturbance with weapons and shots heard.  All involved parties fled the scene prior to officer arrival.    

Based on evidence found on scene, it appears shots were fired, however no victims have been located or come forward.  A vehicle believed to be involved was impounded from the scene and a search warrant has been sought.


At this point, this is an active investigation into the negligent discharge of a firearm.  Anyone with information regarding this incident is asked to call Detective Sergeant Patrick O'Neill at (707) 268-5261.

Judge grants temporary DV prevention order requested by Joe Kitchen against Marci Kitchen

The DV prevention order requested by Joe Kitchen was granted. This is a temporary order.

The next court date is on August 17 when there is a hearing whether a permanent order will be granted.

Jul 22, 2016

Joe Kitchen filed a DV prevention order request against Marci Kitchen yesterday; she has two previous convictions for speeding; two other dismissals after fines and traffic school

Marci Kitchen, on facebook as Marci Marz (from Facebook)

Kiya Kitchen and Joe Kitchen (from Facebook)

Marci Kitchen had 4 traffic/infraction ordinances; one in 2007, one in 2008 in which she had a conviction; one in 2010 and one in 2013, another conviction for unsafe speed for driving.

2007: Traffic/Infraction; exceeding speed limit. Dismissal, traffic school. Fine $182.

2008: Infraction/Traffic; exceeding speed limit. Conviction. $158 fine.

2010: Infraction/Traffic; exceeding speed limit. Dismissal. Traffic school. Fine $318.

 2013: 

Cases above involved different vehicles.

She has two family law cases. One from 2007, I mentioned before "dissolution of marriage with a minor child." Other party Joe Kitchen.

And a recent July 21, 2016 filing by Joe Kitchen for a request for a domestic violence order; a DV prevention case with a minor child. He filed the DV order. The respondent was Marci Kitchen. No decision in that case, yet.

This was confirmed by family.

These two photos were sent by family to use for my blog, only. Do not use without permission.

The alleged hit and run happened on July 12.

Jail time and previous arrests did not deter Charles Wayne Uber arrested again for alleged incident last night at River Bar

 In 2011, Charles Wayne Uber, charged with buying/receiving stolen property. Fined $850 and sentenced to 365 days in jail and three years probation. Judge Timothy Cissna.

 According to a Sept 5, 2012 Times Standard article, Uber, a parolee led HCSO on a high speed chase and was arrested.iime

   

On 07-25-16 at 7:45 p.m. Humboldt County Sheriff's Office Deputies responded to the river bar area of the Eel River at the end of East Ferry Road in Ferndale for a report of an interrupted burglary to a vehicle with shots fired.

The 40 year old male victim advised the deputies he had confronted two suspects tampering with his vehicle. The suspects then fled in their vehicle and fired a shot towards the victim as they left. The deputies located the suspect vehicle stuck in deep sand along the river bar about two to three hundred yards south of East Ferry Road, Ferndale. The victim was not injured by the bullet.

Deputies canvased the area and they located 40 year old, Charles Wayne Uber, who was detained. The victim identified Uber as the suspect who fired the shot towards him. Deputies called for a K-9 from the Fortuna Police Department to assist them in locating the second suspect. Prior to the K-9 arrival deputies located the second suspect, a 16 year old male juvenile.

Through their investigation into this incident deputies arrested Charles Uber and the 16 year old juvenile for assault with a deadly weapon. Charles Uber was booked into the Humboldt County Correctional Facility and his bail was set at $100,000 dollars. The juvenile was booked into Humboldt County Juvenile Hall.

No wonder public is frustrated, instead of a press release, CHP information in media is bits and pieces

No wonder the public is frustrated, Is CHP giving bits and pieces, with slightly different information to different reporters? Or is it because we all have to contact them at different times and we get slightly different information?

We should not have to chase updates to this case, which has a high level of interest.

Why could CHP not send a press release to all media today stating where the investigation is today and that they know the location of the two parties of interest and they want to complete their investigation before "actively arresting" anyone. Is there a thing like passive arrest?

Times Standard had this article online, posted today.

http://www.times-standard.com/general-news/20160725/chp-whereabouts-of-fortuna-hit-and-run-parties-of-interest-known

North Coast News did not have the location information in the 6 p.m. newscast but did at 11 p.m

Sierra Jenkins from KIEM is a good reporter. So unless the TV report had the location, she would not omit that fact. Why did only TS  have the location in their article.

Not everyone can view KIEM on TV so my premise is based on the online KIEM post as having all pertinent information.


According to the TS article:

Marcia Kitchen and her boyfriend Joshua Pearlston, the parties of interest in the July 12 double fatal hit-and-run in Fortuna, are currently located in Humboldt County, according to the California Highway Patrol.

However, CHP Sgt. Michael Campbell said this morning that investigators are not actively seeking to arrest Kitchen and Pearlston until further investigations are completed. Campbell further stated that Kitchen and Pearlston are willing to voluntarily turn themselves in when the investigations are completed.

KIEM TV had this article today:

http://kiem-tv.com/video/california-highway-patrol-says-no-arrest-until-hit-and-run-investigation-complete

No location in KIEM story.

Additional information in KIEM story:

The CHP also says the Department of Justice has completed its examination and evidence collection of the Jeep Wrangler, now CHP’s Multidisciplinary Accident Investigation Team is inspecting the vehicle.    

Source says no charges against Josh Pearlston yet; and charges are yet to be determined against Marcia Kitchen

A source  knowledgeable about the Fortuna hit and run case said "the CHP is dragging their feet".  This source said that "as of today, charges for Marcia Kitchen are yet to be determined. There have been no charges yet against Josh Pearlston. "

Amy Meserve threatens me in front of people after Kailan Meserve's motion for new trial is denied.

After the Kailan Meserve hearing was over today, I was on the second floor walking out and stopped to say hi to a court bailiff. There were several people, including DA staff, Victim Witness advocates, family members and friends in support of Jane Doe 1 and 2 around as well as other people.

Amy Meserve came up to me and told me to  retract "my statement." No clarification of what statement.

I told her "don't talk to me." She continued, I told her, again, not to speak to me. The court bailiff had to stand between her and me. Kailan Meserve's attorney, Mr. Russ Clanton tried to get her into a conference room as she yelled and threatened a lawsuit.

Those type of threats are easy to throw around. I don't get intimidated.  Shining light on details of court cases, ensures transparency. I don't back off on covering cases involving prominent names.

This is not the first time Amy Meserve has spoken to me in public. The first time was telling me to move where I was standing outside a courtroom, which is public space, so it would be convenient for her.

Mr. Clanton's statement in court today,  "In the supplemental, we have outlined  our inability to proceed on certain elements we intended to" speaks for itself.

Kailan Meserve denied new trial, will be sentenced this Thursday

Today at 4 p.m. setting for sentencing and motion to for a new trial was scheduled in the Kailan Meserve case.

Kailan Meserve's motion for new trial denied, he will be sentenced this Thursday at 10 a.m.

The defense had until today to file  supplemental information to their motion for new trial. And the defense waited and filed it today. People filed an opposition.

Meserve's attorney, Mr. Russ Clanton said "In the supplemental, we have outlined  our inability to proceed on certain elements we intended to."

Deputy District Attorney Brie Bennett submitted on her "pleading."

"There is sufficient evidence to support the verdict of the jury," said Judge Cissna. Motion for new trial is denied."

The sentencing is expected to take an hour with both the defense and the People, expecting each side to take 30 minutes.

Mr. Clanton said he had filed a comprehensive statement of mitigation on Meserve's behalf and that four people would speak in support of Kailan Meserve, including his wife Monica Meserve.

There were family and friends of the victims present in the courtroom, as well as people supporting Kailan Meserve, including his father Dave Meserve, sister Amy Meserve and wife Monica Meserve.

No other media in court.

Jul 12, 2016

"I cannot imagine people in Petrolia are not aware of this case. What hasn't happened in three months is any declarations from these people?"

The defense in the Kailan Meserve case filed a motion for a new trial yesterday afternoon. The 4 p.m. hearing was already scheduled to either sentence Kailan Meserve or to have a decision to be made to continue sentencing. At 4 p.m. Judge Timothy Cissna heard mostly from Mr. Russ Clanton, Kailan Meserve's attorney. Mr. Clanton also said that he had filed a statement of mitigation, in case of sentencing.