Judge issues gag order in murder case

Court documents point to James Robert Stanko as the man who allegedly stabbed Eureka resident Andrew Pease, 36, to death in the parking lot of a Eureka grocery store during a spree of armed robberies committed with an accomplice earlier this month.

Stanko, 26, and John Lewis Way, 30, were both arrested Feb. 6, and have since been charged with murder, robbery and five counts of attempted robbery. Both men have pleaded not guilty to the charges, and remain held in Humboldt County jail on $1 million bail.

”On (Feb. 6, 2009) at about 18:25 hours, Way and Stanko were implicated in seven different robberies throughout Eureka in less than a one hour period,” reads a declaration of probable cause written by Eureka Police Detective Todd Wilcox. “Stanko used a knife to assault their final victim and inflicted serious injuries that the victim died from a short time later. I believe this based on witness statements and Way's admissions/statement.”

Visiting Humboldt County Superior Court Judge Thomas Smith granted a defense request for a gag order Wednesday, forbidding any attorneys involved with the case, their employees, investigating agencies and county employees from publicly talking about the facts or circumstances of the case. Anyone who violates the order can be held in contempt of court....

...The defendants could also face the death penalty if District Attorney Paul Gallegos chooses to pursue it. Gallegos, who is out of the office this week, has yet to announce how he intends to proceed, but has said it is not a decision he will take lightly.

One of a litany of factors often considered by prosecutors when deciding whether to pursue capital punishment is the defendant's list of prior felony convictions. According to Humboldt County Superior Court records, Stanko and Way have priors.

Stanko, according to records, was charged with DUI and flight from a traffic officer in 2006, and later agreed to plead no contest to a reckless driving charge. Stanko was due back in court today on a charge of violating the terms of his probation from that offense before his latest arrest.

Way, according to court records, has been named in almost a half dozen cases over the past decade.

In July 1999, Way was alleged to have assaulted four people with a knife and later pleaded guilty to a charge of assault and three charges of false imprisonment and was given a six year suspended sentence.

In April 2006, according to court records, Way was convicted of charges of driving under the influence and on a suspended or revoked license. Then, in April 2008, Way was arrested on suspicion of driving on a suspended license. A conviction on the later charge amounted to a probation violation for Way, and he was sentenced in October 2008 to serve a 30-day jail sentence.

Due to public records laws, the Humboldt County jail could not disclose when Way was last released from custody. Way and Stanko are scheduled to be back in court Feb. 26 for their preliminary hearing on the current charges of murder, robbery and attempted robbery.

☛ TS Judge issues gag order in murder case 2/20/09

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