Wednesday, September 24, 2008

And the verdict is... IN -Not guilty of spousal rape - UPDATED

UPDATED:

Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012

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☛ TS Gundersen found not guilty of spousal rape
The jury in the case against former Blue Lake Police Chief David Ray Gundersen found him not guilty of 24 charges of spousal rape, but guilty of 11 lesser charges of battery, under penal code 242.
The jury also found him guilty of two weapons possession charges - illegally possessing a submachine gun, and illegally possessing a pistol with a silencer.
In addition, Gundersen was found not guilty of attempting to dissuade the victim of a crime, but guilty of violating a court order.


☛ ER Gundersen found guilty on weapons charges but not on rape charges
He was found not guilty of 24 charges of spousal rape with an intoxicant.

For counts 1 - 11, he was found guilty of battery, a lesser charge than spousal rape with an intoxicant.

He was found guilty of unlawful possession of a machine gun and a silencer. He was also found guilty of violating an emergency protective order.

He was found not guilty of attempting to dissuade a witness.


Earlier:
☛ ER Jury back to Deliberation
The jury had to return to deliberations Wednesday morning in the trial of former Blue Lake Police Chief David Gundersen because they did not complete all of their instructions. When reviewing the verdicts, Humboldt County Superior Court Judge W. Bruce Watson, had to reinstruct the jury that if they found Gundersen not guilty of a higher crime, they had to state whether or not he was guilty or not guilty of the lesser charges. In the instructions given before deliberations started, Watson told the jury they could consider lesser charges of battery or assault if they found Gundersen not guilty of spousal rape.

More information will be announced as it develops.


☛ TS Jury in Gundersen case sent back for further deliberation
If convicted on all the rape charges alone, Gundersen faces a prison sentence of anywhere from 72 to 192 years.

UPDATE:
☛ TS Gundersen faces prison sentence for firearms
Gundersen faces a state prison sentence of up to three years and eight months for the illegal possession of a submachine gun and a pistol with a silencer, charges a jury convicted him of on Wednesday.

Gundersen will also be sentenced for 11 charges of battery, each of which carry a maximum six month county jail term or a fine of $2,000, or both. He originally faced 24 counts of spousal rape with the use of intoxicant, which carried far longer sentences that might have totaled 72 to 192 years in prison. ...He will be sentenced on Oct. 22.


☛ ER Maximum sentence of Gundersen could be 3 years, 8 months
Humboldt County District Attorney Paul Gallegos said that the maximum sentence for David Gundersen could be three years and eight months in prison for the two firearm charges.

What is clear is that Gundersen will not have to register as a sex offender.

A jury found Gundersen guilty of 11 counts of battery, possessing a silencer and machine gun and violating an emergency protective order.

Straight battery, a misdemeanor, comes with up to six months in jail, a fine up to $2,000 or both.

As for the two firearm-related charges, both penalties carry a prison sentence, along with a fine of up to $10,000 a piece.

Violating an emergency protective order, misdemeanor, carries a sentence of no more than a year in jail, a fine up to $5,000, or both.

It will up to the judge to decide whether the misdemeanors will run concurrent or consecutive with the guns charges, if the time would be served in jail or prison or whether he would get probation, Gallegos said.

Gundersen will be sentenced on Oct. 22.


The Mirror Gallegos found guilty of wankering another big case
Heraldo And the verdict is...

UPDATED:

Former Blue Lake Police Chief David Gundersen has been cleared of all major charges first filed against him in 2008. - Arcata Eye MARCH 2012

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12 comments:

  1. Well, if The Honorable sends them back to deliberate on the lessers then what can that mean except that DG has been acquitted on the greater charges? The only lessers involved the spousal rape, as far as I can tell, misdemeanor battery as a lesser.

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  2. misdos, battery and gun charges. The gun charges will be tossed as a matter of law on appeal.
    Should be time served on these misdos and bail lowered on the pending case.

    Seems that juries are just not wild for selective
    immunized testimony. Among other things.

    Good thing PVG had Clanton on his side. Eannarino,
    Angus or Brown would have walked the defendant.

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  3. I'd like to see the jury interviews.

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  4. Given that the jury came back on 11 misds for battery can only lead one to believe that each of the misdemeanors were for a photograph. Problem is that there was nothing that I read about when these photos were taken and unless they were withing one year of the charges they are out of the statute of limitations.

    Anyone have a different call on this?

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  5. I think you are right 10:57. If the offense is an alternative felony/misdemeanor initially charged as a felony, the three-year statute of limitations for felonies applies, without regard to the ultimate reduction to a misdemeanor after the filing of the complaint. If, however, the initial charge is a felony but the defendant is convicted of a necessarily included misdemeanor, the one-year limitation period for misdemeanors applies.

    People v. Mincey, 2 Cal. 4th 408 (Cal. 1992)

    Seems that the DA may have a big problem with the battery counts unless there is sufficient evidence in the trial record that he battered her 11 times within the year.

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  6. Stunning rebuke or spectacular vindication?

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  7. 11:14 has an interesting point. DG was convicted of lesser offenses in specific counts, presumably those counts will have dates alleged. If the dates allged are over a year from the date the case was filed then they might be barred by statute. I am not sure what evidence was presented as to dates in any event, that always seemed pretty vague to me. What is interesting is that the only felony convictions are the ones PVG tacked on as an apparent afterthought. I gotta go with rebuke here too.

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  8. The evidence presented was that DG took 10 photos of his wife on the same date in July of 2007. I just read that the jurors convicted him of battery based upon each of the photos and an additional count for undressing her. But, the each of those counts was for a separate month (ex 12/07, 11/07, 10, 07, 9/07 etc.)

    I can't imagine that 10 of the 11 battery counts can hold up given this. Anybody have any different thoughts on this?

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  9. The story says PVG hasn't decided what to do with Jane Doe II's case, the rape with a gun allegation from 9 yrs ago. He's in kind of a pickle - if he goes ahead with the case and DG's acquitted, then he looks like a jackass, if he dismisses then he looks like a jackass. I suppose if he takes it to trial and convicts he's a hero. If Clanton has any balls he'll pull time on it and force the issue.

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  10. Gag's is soooooo lucky to have stumbled onto the gun violations. If it weren't for them he'd be looking like a complete total fool. As it stands he looks like an incompetent idiot. What's next?

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  11. Next is the battery charges being tossed out. Gallegos is lucky Clanton was the defense lawyer.

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