Tuesday, May 26, 2015

The Ortiz Murder Trial: Powerful testimony in the preliminary hearing UPDATED

Updated from 5/5/15 posting

Computer error, demurrer, date changes, procedure: a convoluted mess in the Vincent Ortiz case where he is charged with attempted murder and an accessory to murder - John Chiv/Words Worth May 26/2015
First Vincent Ortiz's arraignment was off the calendar. Then it is back on. Then his attorney Mr. Greg Elvine-Kreis said that he enters a demurrer to all charges except Count 2 claiming People are filing charges in the arraignment on information against his client when he was not held to answer to those charges in the preliminary hearing.

Then there was the issue that he has two files that need to be consolidated and half the information was in one file and the other half in another file. DDA Jackie Pizzo said she would file the paperwork and had discussed this with the court computer staff. That was the easiest part of the case.
Judge Miles grants motion and Rodney Ortiz is not allowed to practice as a state licensed contractor - John Chiv/Words Worth May 26/2015
Rodney Ortiz's case was relatively simple. Although he waived time and was arraigned today in Courtroom 2 for jury trial, now his jury trial is set on the same day as his son, who is charged a s a co-defendant, July 20.

The state contractor's licensing board filed a motion prohibiting Rodney Ortiz from being a state licensed contractor.
Unsual twist in Silverio Sanchez and Vincent Sanchez cases - John Chiv/Words Worth May 26/2015
Attorney General files to prohibit homicide suspect Rodney Ortiz to practice as a state license contractor - John Chiv/Words Worth May 26/2015

Rodney Ortiz's arraignment on, Vincent Ortiz's arraignment off calendar, reason? - John Chiv/Words Worth May 22/2015
Both Rodney and Vincent Ortiz were to be arraigned on August 26. Rodney Ortiz is still set to be arraigned but Vincent Ortiz's arraignment is off calendar.
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Under the new DA, it's all business. A vast improvement over the pathetic tenure of Paul Gallegos. Just thought I'd throw that in here, since new readers don't know why it is so remarkable that cases are actually going to trial rather than languishing indefinitely.

For day-to-day reporting on the ongoing trials, with the full flavor and details of the proceedings, be sure to follow John Chiv's Blog, Words Worth...

Rodney Ortiz held to answer on all charges, only one charge of attempted murder for Vincent Ortiz - John Chiv/Words Worth May 7, 2015 (UPDATE)



Rodney and Vincent Ortiz preliminary hearing continues tomorrow to Day 3; one small defense win on cross - John Chiv/Words Worth May 6, 2015 (UPDATE)

Argument over four ounces of weed let to shooting of Daniel Colegrove alleges first attempted murder victim at preliminary for Rodney and Vincent Ortiz - John Chiv/Words Worth May 5, 2015

"This is nothing compared to the hour and half wait for the ambulance"; rural ambulance service and the impact in Hoopa after the shooting of Daniel "Johnson" Colegrove - John Chiv/Words Worth
Grandma Darlene mentioned to me and Times-Standard's Will Houston in the hallway during a court break that as hard as it has been for the family to be at the preliminary hearing, "This is nothing compared to the hour and half wait for the ambulance." She also told us that while the shooting was going on, Surber's fiancee, Ethel Reed, grabbed her baby and crouched up in a ball to protect themselves.
"We tried to leave but Vincent kept saying, "No, you have to kill them all"; Roger Surber pleaded for his life "I said, please don't, I have my baby" - John Chiv/Words Worth
Very powerful and detailed testimony was given by Roger Surber this morning in the preliminary hearing for Rodney and Vincent Ortiz...

"Basically Rodney was saying 'this is my son, I'm here to straighten this out'. Rodney pulled out a pistol and shot Johnson. He shot him right on the face, I believe. Then he turned around and shot Francis in the back of the head. We tried to leave but Vincent kept saying, 'No, you have to kill them all'. I said, Please don't, I have my baby. Then Rodney shot me in the shoulder and head."
"I was knocked out unconscious in a fetal position, for a brief second, I came to conscious" and then Francis Colegrove jumped out a window and ran for his life - John Chiv/Words Worth
Francis Colegrove, son of Daniel "Johnson" Colegrove briefly testified before court adjourned this morning. He confirmed Roger Surber's version of events and described as he watched Rodney Ortiz shoot his father and then turn the gun on him.
◼ As an aside: Connection between Rodney Ortiz and a man currently alleged for shooting crows and disposing of them in a chipper - John Chiv/Words Worth
...reports that Rodney and Vincent Ortiz went to the house of Timothy Ross twice before being arrested....


Earlier:

Shooting in Hoopa; Several People Gravely Injured; Suspects Spotted in Eureka - Hanks Sims/Lost Coast Outpost Mar 21, 2015
2nd UPDATE: Father, son wanted in Hoopa shooting; three victims under care - Will Houston/Times-Standard 3/21/2015
Father, son sought in Hoopa shooting - Will Houston/Times-Standard 3/21/2015
One Hoopa Shooting Suspect Taken Into Custody, Says EPD - Hanks Sims/Lost Coast Outpost Mar 22, 2015
Vehicle connected to Hoopa shooting found; suspects remain at-large - Times-Standard 3/22/2015
Sheriff’s Office: Three Victims in Saturday’s Shooting in Hoopa; Public’s Help Needed in Searching for Remaining Suspect - Hanks Sims/Lost Coast Outpost Mar 23, 2015
Victims and suspect knew each other in weekend Hoopa shooting - John Chiv/Words Worth Mar 23, 2015
3rd UPDATE: Hoopa gunshot victim in critical condition, attempted murder suspect in custody - Ray AspuriaWill Houston/Times-Standard 3/23/2015
Search For Vincent Ortiz at Red Lion Called Off; While It Was Underway, the Suspect Became No Longer Wanted for Murder - Hanks Sims/Lost Coast Outpost Mar 24, 2015
Hoopa Shooting Victim Succumbs to Injuries, Identified by Coroner - Andrew Goff/Lost Coast Outpost Mar 24, 2015
Updated: Victim of Hoopa shooting died at hospital Times-Standard 03/24/2015
Elder Ortiz to face murder charge - Tabitha Soden/Times-Standard 3/24/2015
2nd update: Victim of Hoopa shooting dies at hospital - Times-Standard 3/24/2015
Hoopa man dies in hospital after being shot - Mad River Union Mar 24/2015
Vincent Ortiz Taken Into Custody in Willow Creek This Afternoon - Hank Sims/Lost Coast Outpost Mar 25, 2015
First he was a murder suspect, then he wasn’t, then he was again? Lt. Wayne Hanson of the Humboldt County Sheriff’s Office tells the Outpost that his agency developed new information last night — after the Red Lion standoff and stand-down — that implicated Vincent Ortiz more directly in Saturday’s shootings in Hoopa.
Rodney Ortiz pleads not guilty to murder, attempted murder charges - Will Houston/Times-Standard 3/25/2015
Father, son in custody in Hoopa homicide case - Will Houston/Times-Standard 3/25/2015
Rodney Ortiz murder suspect gets his wish for speedy trial; preliminary hearing on April 7 - John Chiv/Words Worth Mar 25, 2015
Ortiz (was) charged with one felony count of murder with special allegations of the use of a firearm during the commission of a crime and two counts of attempted murder resulting in gross bodily injury as well as being a felon in possession of a firearm.
Vincent Ortiz who was arrested yesterday for Hoopa shooting has a prior assault and battery case - John Chiv/Words Worth Mar 26, 2015
Vincent Ortiz to be arraigned this afternoon - John Chiv/Words Worth Mar 27, 2015
Vincent Ortiz charged with murder, attempted murders - Will Houston/Times-Standard 3/27/2015
Vincent Ortiz pleads not guilty to Hoopa murder, attempted murders - Will Houston/Times-Standard 3/27/2015
Vincent and Rodney Ortiz cases to be joined? - John Chiv/Words Worth Apr 2, 2015
Mr. Elvine-Kreis objected to the motion for joinder by the People and said that the cases could be joined after the preliminary hearing. He argued that cases are joined to avoid two jury trials.

DDA Jackie Pizzo said that if the cases are not joined, Vincent Ortiz would have his preliminary hearing and Rodney Ortiz would have a continuance and the cases would not be on the same track. The two cases She said there are the "same charges, same witnesses". Agreeing with her, Judge Miles granted the People's motion "In interest of judicial economy." Judge Miles added same judicial time and resources and said the same reasons given for not having two jury trials applied to the preliminary hearings.
Father, son to be tried together in Hoopa murder case - Will Houston/Times-Standard 4/2/2015
Rodney Ortiz files Marsden Motion to fire his Public defender, will this delay his preliminary hearing? - John Chiv/Words Worth May 1, 2015
Marsden hearing in Rodney Ortiz denied, preliminary on for May 5 - John Chiv/Words Worth May 1, 2015

Original Press Release from HCSO:

On 03-21-2015 at about 2:10 p.m. a Humboldt County Sheriff’s Deputy responded to the Kimaw Medical Center in Hoopa, regarding a 31 year old, male victim with a gunshot wound. While the deputy was responding to the medical center in Hoopa the Humboldt County Sheriff’s Office received another report regarding two more male gunshot victims at a residence on Redwood Grove Road off Pine Creek Road, Hoopa.

The Humboldt County Sheriff’s Office along with Hoopa Valley Tribal Police Department and the California Highway Patrol responded to the residence on Redwood Grove Road. When officers arrived on scene they located two male gunshot victims ages 73 and 29. Officers spoke to witnesses at the scene, who identified Rodney Vincent Ortiz age 52 as the suspect who shot the victims with a handgun. After the shooting Rodney Ortiz fled the scene in 2011, silver, Toyota, Rav4 with his son, Vincent Rudy Ortiz age 25.

All (3) three of the male victims were flown to a trauma hospital located in Redding, California. The male victim age 73 is currently listed in critical condition. The 29 year old male victim is currently listed in serious but stable condition. The 31 year old male victim was treated for his gunshot wound and has since been released from the hospital.

On 03-22-2015 at about 8:00 a.m. the Eureka Police Department located the silver. Toyota Rav4 parked and abandoned on the 600 block of Summer Street in Eureka. The vehicle was seized as evidence and will be processed for any possible evidence at a later date.

On 03-22-2015 at about 6:40 p.m. a Eureka Police Department Police Officer on patrol saw Rodney Ortiz walking in Winco Foods parking lot. Ortiz was taken into custody at gunpoint by the Eureka Police Department Officer without incident. Ortiz was transported to the Humboldt County Correctional Facility where he was booked for attempted homicide. Ortiz’s bail was set at 1.5 million dollars.

The Humboldt County Sheriff’s Office is asking for the public’s help in locating Vincent Rudy Ortiz, who currently has a no bail, felony arrest warrant for a parole violation. Vincent Ortiz is a person of interest in the shooting in Hoopa. Vincent Ortiz is considered armed and dangerous. Vincent Ortiz is described as a Hispanic male, 5’-7”, 160 pounds with brown eyes and brown hair.

The motive of the shooting is currently being investigated by Detectives with the Humboldt County Sheriff’s Office. The victims and suspects knew each other prior to the shooting.

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