Wednesday, October 15, 2008

Murder charges - Mustang found

☛ TS Whitmill faces murder charge for alleged role in crash
Public Defender Laura Cutler was assigned to represent Whitmill and Deputy Conflict Council Kaleb Cockrum was assigned to defend Flores, after both told the court they could not afford an attorney....

While elements of malice and planning are generally required for a first-degree murder charge, University of California Hastings School of Law professor David Levine said those elements aren't necessary for this charge, as Whitmill is alleged to have committed a separate felony, driving under the influence, that also led to Nicole Quigley's death.
”It's a rule of criminal law that if you commit 'felony A,' and in the course of committing 'felony A' a death takes place, even if you didn't intend for that death to take place, you can be charged with first-degree murder,” Levine said. “The commission of this separate felony DUI is what enables the prosecutor to charge murder. And, of course, that leaves tremendous leverage for a plea bargain. It's certainly legitimate (for the prosecutor) to charge up like that.”

☛ ER Driver charged with murder in connection to fatal street race collision
One of the two drivers involved in an illegal drag race that left a 9-year-old twin girl dead last week is being charged with murder, among other charges, and faces life in prison if convicted.

Jason Bradley Whitmill, 31, pleaded not guilty Tuesday to charges of murder, gross vehicular manslaughter while intoxicated, driving under the influence of alcohol and/or drugs, causing great bodily injury, vehicular manslaughter and engaging in a speed contest that resulted in injury.

While his bail was set at $1 million by Judge W. Bruce Watson, he also has a parole hold, meaning he’s ineligible to post bail, Humboldt County Assistant District Attorney Wes Keat said....

The other driver, 19-year-old Anthony Marques Flores, pleaded not guilty to charges of vehicular manslaughter, engaging in a speed contest that resulted in injury, and hit-and-run with injury. He faces up to seven years in prison if convicted, Keat said, and remains in custody in lieu of $250,000 bail.

Flores, who allegedly drove the silver Ford Mustang that fled the scene following the collision, was arrested three days later, after the CHP received numerous tips from the public. While the Mustang wasn’t found at the same time that Flores was arrested, it was located late the next day in the Valley West area of Arcata.

Both men are co-defendants in the case and have a preliminary hearing scheduled for Oct. 24....

Nicole's funeral is Saturday.

Whitmill and Flores trial date delayed another month 08/04/2009
Whitmill, Flores take District Attorney's deal 12/05/2009
Jury selection begins in trial of Whitmill, Flores 11/23/2009
Whitmill, Flores trial to proceed 11/10/2009
Motion denied to suppress blood sample in Whitmill case 11/06/2009
Whitmill faces murder charge for alleged role in crash 10/15/2008
Quigley family, friends remember 9-year-old Nicole 10/06/09
Nearly one year ago 10/01/2009
Case surrounding fatal crash on Highway 299 delayed 09/15/2009
Too many delays 9/10/09
Legal maneuvers slow case of men charged in 9-year-old's death 09/01/2009
Whitmill and Flores trial date delayed another month 08/04/2009
Evidence, charges unchanged against Whitmill 07/17/2009
Evidence for second degree murder charge? 06/19/2009
Thinking of the Quigleys 05/29/2009
Remember Nicole 05/08/2009
Looking forward: Quigley family watches and waits as case continues 05/17/2009
Defendants in 299 wreck plead not guilty 03/28/2009
Judge holds Whitmill, Flores to answer for 299 wreck 03/14/2009
Wife refuses to testify against husband at preliminary hearing 03/13/2009
Investigator testifies suspect in fatal crash changed story 03/12/2009
Officer testifies about 299 crash at prelim 03/11/2009
Preliminary hearing over Highway 299 wreck continues 03/10/2009
Superior Court delays hearing in 299 crash case 02/11/2009
Broken system 01/23/2009

Hug your children 12/03/2008
Vehicular manslaughter suspect has extensive criminal history 11/13/2008
Whitmill-Flores hearing continued 11/06/2008
Street race case waiting on CHP reports 10/23/2008
Authorities seek Mustang passenger for questioning 10/17/2008
Court document: Flores tried to 'subvert' investigation 10/16/08
Whitmill faces murder charge for alleged role in crash 10/15/2008
Authorities arrest driver of Mustang 10/10/2008
New driver named in fatal collision 10/09/2008
Search continues for other driver in fatal crash 10/08/2008
◼ ER Parolee named as driver in fatal collision
◼ TS New driver identified in fatal crash
◼ TS New driver named in fatal collision
TS Update: ☛ TS Police still looking for driver
◼ TS Driver sought: Suspected drag race on 299 results in fatal crash

Note: there were other articles in the Eureka reporter, but none are available online anymore.


  1. Oh my, Oh my - isn’t this the same Laura Cutler that was busted with Paul in his infamous surfing accident 5 years ago. The same Laura Cutler that was the cause of the screaming match between Paul and Joan at Mad River Hospital after the “so called accident?”

    I think so. Guess the defendant in this case is gonna have a free ride.

  2. Damn! That's pretty low of Paul if true.

    What do you say Rose, should we start a "draft" committee after the election to come up with a palatable moderate to take Paul out in 2010?

    This is one progressive who is sick of the stench coming out of the DAs office lately.

  3. I'd say the answer is yes. Whoever runs against Gallegos and the machine has to be prepared to raise $300,000 - you won't be able to adopt any 'cap' on donations. The machine will try to throw up more Measure T roadblocks to prevent anyone from being able to compete. They, of course, will be exempt.

    Whoever runs will inherit a mess - beyond anything imagined at this point. Just trying to replace the lost prosecution team will be a challenge. Of course, on the plus side, once Gallegos is gone, and the word goes out to the rest of the state that sanity has returned, people will once again apply here. That will help.

    I don't even post the comments I get from all over the state about what they think when they encounter surfer boy at statewide prosecutor/DA get-togethers. "Piece of work" is one of the more mild expressions.

    With regards to this case - Paul dares not plea this one out. But he may try. Only a full guilty with life without possibilty of parole will do.

  4. Gags is going to put on his best "fullest extent of the law" face on this one to try and cover up for the fact that it was his screw up on the last Whitmill case that allowed him (Whitmill) to be out of prison now, which allowed him to be able to kill that poor little girl and injure her family. Where is the Attorney General?

  5. A point I have not made strongly enough.

    Let's just hope he doesn't pull the 'picture on the podium' press conference again. Probably won't 'cause there's no campaign in play and no one to push him out there and make him talk.

  6. And - as far as the Attorney General is concerned any criticism of Gallegos is 'purely political.'

    There will be no help from that quarter.


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