Sunday, December 26, 2010

Oh boy, a chance to prosecute a cop...

Rapists and murderers get deals. Let's see what happens here...

Sheriff's deputy faces child endangerment charges, nine years in prison for fireworks accident

Humboldt County District Attorney Paul Gallegos announced Wednesday that his office is charging a Humboldt County Sheriff's deputy with felony child endangerment for his role in a July 4 fireworks accident that seriously injured a 10-year-old girl.
Joe Marsh, who was off duty at the time of the incident, has been charged with felony child endangerment, a special allegation of inflicting great bodily injury while committing a felony and possession of dangerous fireworks without a permit. If convicted on all counts, Marsh faces a maximum of nine years in prison. He is scheduled to be arraigned on the charges Jan. 21.

Added - RELATED:
Humboldt County deputy pleads not guilty to child endangerment; arraigned in July 4 fireworks accident case 1/26/2011
Arraignment for sheriff's deputy pushed back 1/22/2011
Cal Fire Fourth of July fireworks accident report in District Attorney's hands; injured girl's mother hopes for accountability and awareness 12/21/2010
Head over heels for local girl: Community comes together at Cartwheels for Jessi 8/01/2010
Cartwheels for Jessi: Fundraiser planned for girl injured in July 4 fireworks accident 7/30/2010
Cal Fire investigating July 4 fireworks accident; Sheriff's deputy, 10-year-old girl reportedly still hospitalized 7/17/2010
Off-duty Humboldt County deputy, 10-year-old girl hospitalized after July 4 fireworks accident 7/07/2010


  1. I'm sure Paul thanks you Rose everyday for helping him win reelection

  2. He funny thing about that comment, is every other progressive lost because they had to pile the resources on high to save his rear. I guess then we can thank Rose for a chance for decent leadership in the other races?

  3. Gallegos won because his race was county wide and when you add in Arcata and SoHum the majority in Humboldt leans slightly left.
    So Rose, are you saying that because this guy is a cop he should get a free ride after blowing some little girl's hand off? Is that the kind of justice you favor? I'm sure in this case you won't complain about the plea bargain that will be the ultimate resolution.

  4. Characterizing an accident as him deliberately blowing a little girl's hand off is not exactly accurate. They were both badly injured. Maybe it was stupid, it happens. The difference here is that, because he is a cop, we all know that Gallegos will give it "special" treatment.

    And you keep wanting to try to skew it that I don't think there should be any plea deals when that also misstates my position. It is the schizophrenic nature of Gallegos' choices - who to prosecute and who to let off that is the issue - the bizarre and contorted plea deals like letting the murderer/rapist skate if he passes a polygraph, the constant statements that serious cases are too tough for him to try, and then throwing the full weight of the law at people like Sean Marsh and Penny O'Gara.

    Don't worry. He's his own worst enemy. and enough voters care more about POT POT POT POT POT POT POT POT than they do about anything else. So you've got him. You're stuck with him now. More power to you.

  5. Well, Rose. I am glad to see that with the New Year upon us, your spinmeisterness and hypocracy is nowhere near it's extinction. Here is the link from the article that ran on Dec. 21.

    Below is a relevant portion of the article.

    "Ted Shinn said both his daughter and Marsh were holding the firework when it was lit -- Jessi with her right hand, and Marsh with his left, helping Jessi aim. After Marsh lit the firework, it just fizzled, according to Ted Shinn.

    ”I think they kind of thought it was a dud,” Ted Shinn said. “She looked at him like, 'What do we do now,' and then it just blew up. ... It was a huge explosion.”

    Marsh had the young girl hold the firework in her hand. He thought it was an illegal Roman Candle. Other than sparklers do you let kids hold fireworks? Do you have any children? Do you think it is a good idea to enlist children in holding illegal fireworks, that might malfunction and blow their hands off. What does the law say about Child Abuse. Let's see.

    "273a. (a) Any person who, under circumstances or conditions likely to produce great bodily harm or death...or permits any child to suffer...or permits that child to be placed in a situation where his or her person or health is endangered, shall be punished by imprisonment in a county jail not exceeding one year, or in the state prison for two, four, or six years."

    What would your vaunted Allison Jackson had done, who promised to protect all the children. Would that $18,000 campaign contribution from Marsh's cronies got in the way. You betcha. If a crime was committed by someone that caused a girl's hand to get blown off, you think, oh it was just an accident and it should never have been charged. Doesn't the law hold people to a higher standard when young children are involved.

    This is exactly the type of isue why people hate your blog. Why don't you just say, "It appears a crime was committed. I am glad he charged it. If Mr. Marsh thinks he is innocent, then he can try and convince 12 jurors of that fact. He can decline any plea deal, and whatever the jury decides justice will have been served. You see that is a non-biased evaluation. Instead your hatred of Gallegos shows your true colors.

  6. The only true colors revealed here are Gallegos' - salivating at the chance to go after "Marsh's cronies" - and your own words tell the story.

    You won't bother to listen. I know you. You betcha. Your own hate blinds you, or your own desperation, more accurately. Your thin skin gets you into trouble. Someone in your position is not supposed to be the liaison with the public and the press, blog or no. That is the DA's job, though he leaves it to you.

    And you want me to equate an accident (and yes that is what it was, and yes, we all understand that it is a crime, and subject to prosecution, no one here is stupid) - you want me to equate an accident with raping a drugged woman, perhaps multiple times, or slaying a wife and copping a sweet plea... sorry Bud. But yeah, this one'll be easy for ya, it's always easy when you are dealing with good people. Where ya fall down on the job is when you are dealing with the bad ones. You betcha.

    Funny, when it was Gundersen accused of rape, the howls of the hyenas were deafening - this latest one, not a peep.

    But maybe you'll surprise me. Maybe the right thing will be done here, absent the blood lust to get a cop.

  7. You can tell anon 12/26 8:52 PM is a progressive by his/her distinctive lib spin on justice. Because it's a cop being charged.."..if Mr Marsh thinks he is innocent, then he can try and convince 12 jurors of that fact". So much for innocent until proven guilty. Guess they have to approach it that way since they know Pauly Gags can't convince a jury of anything but his incompetence.

  8. Rose, For someone who follows the legal system you show little understanding of how it works. A crime was committed, the DA must act on it. He makes a charge, then in most cases agrees to a plea bargain - that's the way things work. I would hope that the fact that the guy is a cop would not earn him special treatment. I don't actually think the cop should go to jail. We already have way too many people in jail. As Rebeca Ruiz writes:
    "Today, nearly 1 percent of the American adult population is imprisoned -- a rate unprecedented in this country's history. A staggering $68 billion is spent annually on the country's local, state, and federal corrections systems. This "investment" in public safety has fundamentally transformed American society, removing a disproportionate number of nonviolent minority offenders from their communities while diverting much-needed taxpayer money from critical social programs. Most of these offenders will be released only to return to prison because of anemic re-entry efforts and policies.

    In recent years, these and other grim statistics, as well as enormous state and federal budget deficits, have persuaded even the staunchest advocates of incarceration to reconsider how America handles crime and punishment. We can no longer justify the cost of mass incarceration or defer its moral and social consequences.

  9. You know something? People can walk and chew gum at the same time.Just because I do not write War & Peace on the topic does not mean I do not know, or do not understand, or have not considered everything you are saying. Or are trying to say.

    You are trying to justify something, You are taking it personally.

    No one has suggested that a cop be given special treatment - your characterization of that is entirely a Gallegos/Salzman construct. In fact the cops know that both Allison and Worth, who Salzman successfully used that very meme against, would not give them special treatment. Nor would they expect it. It is the flip side that has everyone concerned. Gallegos' special treatment is quite the opposite and i believe you know that and are squirming out of fear that guilt is being applied to you. You are not yet so far gone that you can just shrug it off.

    I'm sorry the office is falling apart. Sorry it is so difficult. I'm even sorrier because I can see what is coming.

    I do find it amusing that you continue to try to defend against my simple statement.

    You really should be more concerned that a man who may be a serial rapist was just given a slap on the wrist plea deal because you couldn't take the time to go ahead with the case, investigate it more fully, and seek a tougher penalty. They found the guy with an unconscious woman in the back of his van. The next one will be dumped off the side of the road somewhere. Won't be able to say she doesn't know how she got there. Keep your eye on the bigger picture, and stop trying to justify shit.

    And btw - the answer to the prison over-population is simple - all non-violent-only-hurting-themselves-guys-who-are-in-there-for-drug-possession could be released.

    That still doesn't change what is going on here.

  10. This flap reminds me of the statement made by Lavrentiy Pavlovich Beria, chief of the Soviet security and secret police apparatus under Stalin: "Show me the man and I’ll find you the crime.” For some time California has been the national leader in enacting arcane and abstruse criminal legislation which increasingly removes the traditional legal element of intent. Had this tragic incident occurred in any jurisdiction retaining that concept it would be addressed as the civil matter which it is. The California designation of fireworks possession as criminal necessarily classifies an incident such as this as prosecutable under criminal law. This leaves discretionary power in the hands of prosecutors who are not immune to political biases. It is no wonder that prisons (especially in California) are overflowing.

  11. 8:52 sounds a lot like McLaughlin so here goes:

    Ben, if you would only spend as much time preparing your cases as you do blogging here and on facebook trying to bolster your botched cases, your wife’s botched cases or the idiot you have for a “boss” maybe you could win a trial and quit plea bargaining our cases. I especially appreciate you referring to HDSO, EKA PD, ARC PD and FoPD as Jackson “cronies.” Yes we all supported her and did so because she was competent and ethical and would have made you and the others in your office finally do the jobs that you are being paid to do.

    I have been reading a lot this week as I have some time off. How many press releases are you going to send out Ben trying to make yourself look better. Here is a bit of advice, quit it. We all at the court house know how inept you are. We see it in the courtrooms everyday. We listen to you and the others in the elevators everyday. We don’t miss much. You couldn’t cut it in Del Norte County and you can’t cut it here.

    There is nobody I know in LE that thinks that Marsh should be treated lightly. He broke the law and he is a deputy. He should never carry a badge again, sadly. You really are a complete and utter idiot though, 3 years for a rapist and 10 years for a wife murderer while going after Marsh for 9 years is simply assinine, but it is reflective as to how misplaced your priorities are.

  12. Strange days, indeed. Half the cops who should be prosecuted..aren't. (Make that 3/4's ...
    If I were DA..the entire face of Humboldt police departments would change. Forcibly. Too many Frankensteins in our county..Eureka is the worst. Name some names.

  13. Paul Gallegos had dozens of opportunties to prosecute cops and government officials. For some reason he has, like many DA's, chosen to look the other way. In Eureka, alone, dozens could be legally prosecuted. What is up with the "hands off?"

  14. Get a life Rose

    No, really. You need help. Seriously.

  15. Really? Along with "heraldo"? Eric? Carol & Greg? Fred? and any number of others...

    What has happened to John Osborne? The Reporta contract run out?

  16. The Marsh case is interesting as Gallegos routinely lights illegal fireworks on July 4th. He doesnt have children hold them while he does it, mind you, but he is still breaking the law by lighting them.

    Seems a bit hypocritical to charge Marsh for something that you do every year...

  17. John Osborn is now in Berkley, going to J school. He's on Facebook if you want to keep up with his adventures.

  18. Paul doesn't give two cents about anything other than smoking his pot and making headlines. He doesn't care about the people..He has done so much damage to this county and is cruel, cruel to victims of crime.


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