Tuesday, February 18, 2014

Press Release Re: Ferrer Case

From Allan Dollison:

Allan Dollison, candidate for Humboldt County District Attorney is opposed to the plea deal of Involuntary Manslaughter given out to Juan Joseph Ferrer, by DA Candidate Elan Firpo. He was charged with Murder of Douglas Allen Anderson-Jordet, after stabbing the victim in the heart.

Firpo was quoted as saying, “In hearing the evidence, it was three strangers that got into a fight that went horribly wrong,” Firpo said. “(Ferrer) didn’t seek to kill Mr. Jordet.” It appears and court records confirmed that the case never even went to preliminary hearing, much less a trial so no evidence was in fact ever “heard.”

According to media reports, the following facts were shown:

1) A verbal argument escalated into a physical fight, wherein the Murder victim was violently punched by Mr. Ferrer’s Co-Defendant, which led to his teeth splitting his upper lip.

2) At some point, Mr. Ferrer then took a knife out and stabbed Mr. Anderson-Jordet.

3) Mr. Ferrer with his two friends then fled the scene, to leave Mr. Anderson-Jordet to die in the street, which he did.

4) The knife was never recovered

This by no means was self-defense. Involuntary Manslaughter is typically called an accidental killing. There was no accident, when Mr. Ferrer used a knife to stab the victim. That was Murder. Intent to kill or cause great bodily injury is obviously malice, the legal standard for Murder, not Involuntary Manslaughter. Fleeing the scene shows consciousness of guilt, a factor for the Jury.

If it is true that the victim consumed Alcohol, that is not relevant, it is not a defense to murder. You can’t just kill people just because they’ve consumed Alcohol. A pre-trial motion would have kept that from the jury as well as the basis of the verbal argument. This was Murder and should NOT have been plead down to Involuntary Manslaughter. Due to changes in sentencing laws, Defendant Ferrer cannot go to Prison. Any time must be served in County Jail.

In short, “Given these facts I would never have allowed such a plea deal. Although I have pointed out the dangerously low staffing levels are a huge problem, this plea deal rests on a misconception of Murder and the law. I have taken Murder cases to trial. Ms. Firpo has not.” Dollison stated. The DA’s Press release left out the Judge and the Defense Counsel. Mr. Ferrer was represented by Deputy Conflict Counsel Marek Reavis. The Judge is the Hon. Joyce Hinrichs.
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Added (From Allan Dollison): This is a case of local public importance. The owner of the restaurant (Abruzzi Ristorante') where the murder victim worked will be my guest at my MOAA meeting, this Saturday. He did not agree with the plea bargain in this case, and he is a former Marine.

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DA Candidate Dollison Speaks Out Against Ferrer Plea Deal - Mad River Union

Ferrer Gets Two Years Jail For Killing A Man: UPDATED 2.18.14 with edits & additional information - Kevin Hoover/Mad River Union

The aftermath

While two years jail may strike some as a light sentence for killing someone, Firpo said Anderson-Jordet’s family are satisifed with the outcome, as is she.

According to Firpo, the family wasn’t interested in the matter going to trial, where the victim’s behavioral excesses would be publicized and scrutinized in detail. While normally a reserved individual, she said, “there was evidence from several sources that when he was intoxicated, his personality shifted,” Firpo said. “The family wanted disposition so as not to go through a trial.”

However, a message left at the Mad River Union by a caller identifying herself as Anderson-Jordet’s older sister disputed that claim, saying it was “totally inappropriate.” She asserted that none of the family was satisfied with the verdict. The caller could not be contacted for further comment.

...Stoiber and Rocheleau are free on personal recognizance. Sentencing is set for April 3.

Ferrer is represented by Deputy Conflict Counsel Marek Reavis.

14 comments:

  1. Thank you Allen.

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  2. Maybe the Abruzzi guy Dollison mentions will get Dollison in touch with the family, and see what the deal is at that end. I'm not sure what weight the family should carry, but it would be good to know what they told the DA and more importantly,
    just what the DA told them.

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  3. The plea bargain victimized the community as a whole with the prosecutor as the perpetrator

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  4. Reavis is also a firpo backer. Hence, the plea deal.

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  5. Thank you Gallegos. He has done more harm to that office than good. Firpo will follow his footsteps that is why we as a community must ban together and affect change. No more Gallegos management.

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  6. "No more Gallegos MISmanagement."

    fify - Fixed It For You.

    Unfortunately, you're stuck with him for the better part of a year. He's there til mid-January of 2015.

    And what are you going to do if he does run for Judge - long rumored to be in his plans?

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  7. It seems Mr. Klein was actually ahead of Mr. Dollison on this- he came out as against the plea on Feb 14, by posts on his FB page. Excerpts (what he means by "death appropriate wound is anyone's guess)
    The Juan Ferrer case should have gone to trial. Deputy DA Elan Firpo lowered the charges in this stabbing case because she felt she did not have sufficient evidence, and involuntary manslaughter is a complete give away. A life has got to be worth more than that…..It makes no sense to give out a manslaughter charge at this stage. She said she doesn't feel she has enough evidence, but consider how Mr. Anderson-Jordet was killed.

    He was stabbed in the heart, and that is a death-appropriate wound, which in itself is evidence of intent. I can think of only two reasons for such a hand out. She either laxs the moral courage to go before a jury, or she's clearing her calendar to campaign.

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  8. To be fair - I don't think it was to clear her calendar.

    And - why isn't anyone asking whether Paul knew about, signed of on, or directed that plea to be taken. It is ultimately the DA who is responsible.

    It's clear he has abdicated acting as the spokesman for the office, the liaison with the press. Has he also abdicated responsibility for the outcome of a murder trial?

    Really?

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  9. Death Appropriate is a term of art used by experienced prosecutors to establish the intent of the perpetrator at the time of the assault . If the victim were struck in the foot the intent may not be as obvious as being stabbed in the heart.

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  10. So, you're saying that most "experienced" homicide prosecutors would be familiar with and would use that rather awkward phrase in the context of a homicide case? Really?

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    Replies
    1. Easy to criticize others. All 4 candidates including Mr. Klein worked for the Humco District Attorney's office.

      Why trust one over the other?

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  11. A hundred fifty grand a year - and how many hours is Paul working these days?

    Let's have another puff-piece interview about how he leaves early....

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  12. Let's see because two of them are being bought by separate interest groups. Firpo/Gallegos are backed by the ultra progressive/easy on crime group and Fleming is backed by the ultra conservative group. That's why.

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  13. Douglas A. Anderson Jordet was my friend; he was everyone's friend. This is a travesty. There are really no words, just a lot of hurt and anger.

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