Paul Gallegos's problem: "a dearth of attorneys with experience prosecuting violent felony cases"

◼ Deputy DA resigns abruptly; unclear why prosecutor walked away on eve of murder trial - Thadeus Greenson/Times Standard

...Well thought of around the courthouse, McLaughlin was the prosecutor assigned to Humboldt County Drug Task Force cases and handled a variety of high-profile violent crimes....

McLaughlin's departure seems to pose a challenge for Gallegos' office, which now appears to have a dearth of attorneys with experience prosecuting violent felony cases. The issue is especially apparent now, with two murder trials currently under way and three more slated to begin in the coming weeks.

Deputy District Attorney Allan Dollison is in the process of selecting a jury in Brian Cole Fiore's murder case. With Gallegos stepping in to handle the Miller case, it is unclear who will handle the murder prosecution of Leon Bigleggins, who stands accused of murdering a 4-year-old boy and whose trial is slated to begin Monday. Gallegos has been prosecuting the case.

Assistant District Attorney Kelly Neel has experience trying violent crimes, but she is currently responsible for making charging decisions. Gallegos was not immediately available to comment on the status of the cases Thursday afternoon.

Murder or suicide?

◼ Route 299 murder suspect set for trial in August; case likely to lean heavily on evidence gathered from getaway car
The trial of a man accused of killing a marijuana robbery accomplice during a high speed chase on State Route 299 last year is likely to hinge on detailed forensic evidence gathered from the getaway car.

Brian Cole Fiore of Antioch faces a variety of charges, including the murder of his alleged accomplice David Fields, armed robbery, felony evading a peace officer, transporting marijuana, illegally possessing an assault weapon, resisting arrest and the attempted murder of five peace officers. Fiore has pleaded not guilty to all of the charges and is set to go to trial on Aug. 23.

Prosecutors allege that Fiore shot Fields in the head just before the Jeep Cherokee that Fiore was driving plummeted off a cliff on Route 299 on May 11, 2009.

The pair were allegedly running from officers after robbing three men of 14 pounds of marijuana in McKinleyville at gunpoint. Officers responding to the scene chased the Jeep for 20 miles up Route 299, while the suspects reportedly shot at pursuing law enforcement vehicles. The Jeep went over a spike strip outside of Willow Creek and plunged 130 feet off the road into a ravine.

Fiore shortly came up the hill with a gunshot wound to his head, telling officers that he'd tried to kill himself, according to court documents. Fields was found dead feet away from the vehicle, with a gunshot wound to his head.

In recent court documents, public defender Jonathan McCrone, representing Fiore, said that forensic scientist John Jacobsen had examined the Jeep and found what he believed to be brain matter in the back seat of the car. McCrone wrote that the presence of the material suggests that his client couldn't have shot Fields. Fields was shot in the left temple, and the bullet exited the right temple, McCrone wrote. Fiore would “have to be a contortionist to achieve this” McCrone wrote of the brain matter in the back seat.

”The trajectory of the bullet which killed David Fields is critical to the determination of whether this is a murder or a suicide,” McCrone wrote.

19 year old (alleged) drug runner arrested

◼ Surviving suspect from police chase identified
A 19-year-old man from Antioch who survived an apparent self-inflicted gunshot to the head was arrested at a Sacramento hospital Monday for his alleged involvement in an armed marijuana robbery May 11 that ended with the death of his apparent associate David Fields.

Brian Cole Fiore was arrested at 5:15 p.m. Monday and booked into the Sacramento County Jail on suspicion of attempted murder, robbery, negligent discharge of a firearm and evading a peace officer with wanton disregard for safety, the Humboldt County Sheriff's Office reported.

According to HCSO information, Fiore will be transported to the Humboldt County jail, but it is uncertain when.

Following an autopsy conducted over the weekend, investigators believe Fields, 21, was shot shortly before the vehicle he was riding in flipped over an embankment along the roadside, and rolled to a stop 130 feet down into the ravine below.

Investigators know Field's death was caused by a gunshot wound, said Deputy Coroner Charlie VanBuskirk, but are uncertain whether death was a homicide, a suicide or an accident.

Fields' mother, Shirley Stephens, identified her son's body at the Humboldt County Coroner's Office the day after the shooting. Fields, who was right-handed, was shot in the left temple, she said....

"Holy fucking moly." w/update

◼ JN Shootout with at Deputies Ends In Death
UPDATED LINK: ◼ Shootout with at Deputies Ends In Death Hank Sims/The Journal

The survivor is a 19-year-old male from Antioch. Note below that both suspects sustained gunshot wounds to the head, but the press release states that neither the chp nor the Sheriff’s Deputies fired their weapons.

◼ JN Update: Yes, It Was Weed
◼ JN Dead Suspect Was Local

The man who died in last night’s strange weedjack-turned-police chase — see here and here — was a local, reports acting coroner Frank Jager. He was 21-year-old David Fields, whose city of residence is unavailable at this time. He was definitely from Humboldt County, though.

◼ TS Chase leaves one dead, another injured

A high speed chase on State Route 299 left one suspect dead and another in the hospital Monday night, after the suspects fired shots at law enforcement during a 30-mile pursuit that ended just east of Willow Creek, according to the Humboldt County Sheriff's Office.

Shortly before 11 p.m., the Humboldt County Sheriff's Office received a report of shots fired near School and Anderson roads in McKinleyville, according to a press release. The reporting party said the suspects were driving a gold Jeep Grand Cherokee and had fired several shots from an AK-47 assault rifle.

The suspects had reportedly been making a marijuana deal at the intersection when one of the them went to the Jeep and returned with an AK-47. The second buyer allegedly produced a handgun. One of the suspects then ordered everyone to the ground in the middle of the street, took approximately 14 pounds of marijuana and left. As they drove away they fired several shots from the vehicle.

◼ TS High speed chase after reported marijuana deal goes bad
Updated version of yesterday's breaking news story

shortly before 11 p.m., eight people met in the intersection of School Road and Anderson Avenue -- a residential neighborhood in McKinleyville.

Godsey said six of those people had arranged to sell 14 pounds of marijuana to the two men.

At some point during the meeting, Godsey said one of the buyers walked to the Jeep and returned carrying an assault rifle. The second buyer then reportedly took out a hand gun, and the two men ordered the group of six to lie on the street while they took the marijuana.

As the two suspects drove away, they reportedly fired several shots from their vehicle. None of the sellers were injured in the incident.

◼ HCSO Press Release Shots Fired at Deputies
◼ HCSO Press Release Shots Fired at Sheriff's Deputies - Update

Quite a story - a drug deal gone bad - weapons, shootings, body armor, a chase, a spike strip, a crash, 2 with bullet wounds to the head, 1 dead.

Started right down near Ken Miller's neighborhood. Hitting a bit too close to home, no doubt. Fair enough, live with what you have wrought. Thank you Dr. Miller.

How many shootings, how many killings in the last few months?

UPDATE:
◼ Surviving suspect from police chase identified
A 19-year-old man from Antioch who survived an apparent self-inflicted gunshot to the head was arrested at a Sacramento hospital Monday for his alleged involvement in an armed marijuana robbery May 11 that ended with the death of his apparent associate David Fields.

Brian Cole Fiore was arrested at 5:15 p.m. Monday and booked into the Sacramento County Jail on suspicion of attempted murder, robbery, negligent discharge of a firearm and evading a peace officer with wanton disregard for safety, the Humboldt County Sheriff's Office reported.

According to HCSO information, Fiore will be transported to the Humboldt County jail, but it is uncertain when.

Following an autopsy conducted over the weekend, investigators believe Fields, 21, was shot shortly before the vehicle he was riding in flipped over an embankment along the roadside, and rolled to a stop 130 feet down into the ravine below.

Investigators know Field's death was caused by a gunshot wound, said Deputy Coroner Charlie VanBuskirk, but are uncertain whether death was a homicide, a suicide or an accident.

Fields' mother, Shirley Stephens, identified her son's body at the Humboldt County Coroner's Office the day after the shooting. Fields, who was right-handed, was shot in the left temple, she said....

UPDATES:

◼ DA Press Release May 30, 2012

Brian Cole Fiore was convicted of the Murder of David Fields, Attempted Murder of CHP Officer Michael Noland, and Attempted Murder of CHP Officer Eric Nelson. The jury deliberated for 7 days before reaching their verdicts which were delivered today. Mr. Fiore faces 3 consecutive life terms in prison. The jury also convicted Fiore of six additional felony counts including two counts of Robbery, Transportation of Marijuana, Transportation of an Assault Weapon and Shooting into an Occupied Vehicle, and Felony Evading of Arrest.

The jury was unable to reach verdicts on 3 other Attempted Murder counts, as to pursuing Sheriff’s Deputies, as well as a Burglary count, and a count of Resisting an Executive Officer.
“It was a sad case, because a young man was killed and another young man will likely spend the rest of his life in prison” said Allan L. Dollison the Deputy District Attorney who prosecuted the case. “However, when you come to our community and bring this type of horrific violence, you will be prosecuted to the fullest extent of the law” Dollison also said.

◼ Murder trial from '09 car chase heats up; Fiore takes the stand in his own defense Thursday - Megan Hansen/The Times-Standard 5/04/2012

Fiore, 22, took the stand in his own defense Thursday in a trial that's been ongoing since April 9. He is standing trial on charges of murder, armed robbery, felony evasion of a peace officer, transporting marijuana, illegally possessing an assault weapon and the attempted murder of five peace officers.

Officials allege Fiore and Fields robbed three men of about 14 pounds of marijuana at gunpoint in McKinleyville on May 11, 2009, and proceeded to lead police on a 20-mile high-speed chase on State Route 299. The chase ended when Fiore's Jeep Grand Cherokee went over a spike strip and rolled down an embankment. Both men were found with gunshot wounds to the head, and Fields was pronounced dead at the crash site.

Deputy District Attorney Allan Dollison has alleged Fiore shot Fields and then himself in an attempted murder-suicide as his Jeep went over the embankment. He said law enforcement officials believe Fields brandished an AK-47 and Fiore used a .45-caliber pistol in the alleged robbery and subsequent car chase, in which shots were fired at law enforcement.

◼ Body Armor, Guns and Life Imprisonment - May 30, 2012
◼ Route 299 murder suspect set for trial in August; case likely to lean heavily on evidence gathered from getaway car - Times-Standard
◼ Humboldt jury finds Fiore guilty of murder; verdict concludes '09 bullet-ridden, high-speed chase case - Megan Hansen/The Times-Standard 5/31/2012

Prosecuting Deputy District Attorney Allan Dollison argued during the trial that Fiore knew of the impending marijuana robbery, wielded a gun, shot at pursuing law enforcement vehicles and shot Fields with a .45-caliber pistol before shooting himself in the chin in an attempted suicide.

◼ Route 299 murder suspect set for trial in August; case likely to lean heavily on evidence gathered from getaway car - John Driscoll/The Times-Standard
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This was no plea deal.