CHP to DA: Jogger’s Death Was Murder

◼ CHP to DA: Jogger’s Death Was Murder - Heidi Walters/The Journal

The California Highway Patrol says Jason Anthony Warren murdered Suzie Seemann, the university professor who died when a Kia allegedly driven by Warren ran into her and two friends on the morning of Sept. 27 as they went for their morning jog on Old Arcata Road. Her friends, Jessica Hunt and Terri Vroman-Little, suffered major injuries, and Hunt’s dog, Maggie, also was killed....

In November, the Humboldt County Sheriff’s Department asked the DA to file homicide and auto theft charges against Warren for a separate incident — the killing of Hoopa resident Dorothy Ulrich — earlier on the same morning the joggers were hit.

◼ CHP requesting murder, attempted murder, animal cruelty charges in hit-and-run deaths - From the CHP via Times Standard

The following is an update regarding the death of Suzanne Seeman and the serious injuries sustained by Jessica Hunt and Terri Vromen-Little, on September 27, 2012, while the three were jogging on Old Arcata Road, with the Hunt's dog, “Maggie”.

The Humboldt Area CHP has submitted a request to the Humboldt County District Attorney, for charges against Jason Anthony Warren, age 28, of Hoopa, California. Charges sought are, one count of 187 (a) PC (Murder), two counts of 664/187 (a) Attempted Murder, one count of 597 (a) PC Animal Cruelty, three counts of 245 (a) (1) PC, Assault with a Deadly Weapon, and one count of 10851 (a) VC, Vehicle Theft.

No further informational releases will be made through this office, pending adjudication of this case.

◼ CHP Recommends Murder Charge In Seeman Death - Arcata Eye

...Based upon their investigation, Sheriff’s detectives believe Ulrich was killed during the early morning hours of September 27, 2012. A silver Kia Spectra was stolen from Hoopa shortly after Ulrich’s death. Subsequently, the Silver Kia Spectra was recovered by the Eureka Police Department in the City of Eureka on Sept. 27, 2012.

Jason Warren is currently in custody at San Quentin State Prison on an unrelated charge.
_______________

What will Paul do?

BTW, Comments closed.

Gallegos' dismal animal abuse record continues

◼ K9-Angels To Deputy DA, "a little case of mange?" - Tom Sebourn Blog

Dear friends, the following is my reply to Deputy District Attorney, Ben Mainzer: It is self-explanatory but is indicative of how low the DA's office sets the bar for animal cruelty cases: A mockery has been made f Fortuna Animal Control's investigation and 6 months of dedication to a grossly neglected dog whose health as been restored by way of ongoing veterinary care: (please see attached pics of Mac the day he was seized by Robin Paul - Fortuna Police Department's office supervisor and director of animal control: Mac was court-ordered to be returned to his abuser yesterday!

Gail Holder/K9-Angels

Sent: Wed, April 20, 2011 2:19:40 PM
Subject: FROM GAIL HOLDER RE CRUMMETT CASE

Mr. Mainzer: I am among the many persons and animal-rescue groups who were denied the right to present evidence against Mark Crummett in the jury trial slated for today, Wednesday, April 20,2011 - but cancelled leaving Mac, Crummett's victimized dog without justice: Pursuant to Fortuna Animal Control's lawful seizure of Mac under PC 597.f and 597.1 last October - two veterinarians were prepared to testify that had Robin Paul not removed the long-suffering animal and transported him to emergency-veterinary care (followed by many months of follow-up treatment) the dog would have died:

Mr. Crummett's failure to address Mac's severe demodectic-mange is affirmed by veterinary-experts to be the cause of Mac's requirement for costly, lifelong treatment. The unemployed and allegedly alcohol-impaired, Mr. Crummett - lives in squalor in a trailer-park well-known to Fortuna Law Enforcement and citizens alike - as a 'third world country' in miniature, inhabited exclusively by the 'criminal-element' along with the innocent children and animals unfortunately forced to live there:

In a fell-swoop, the DA's cost-effective and clever legal-maneuvers in conjunction with an equally apparently uncaring judge - have, with flagrant disregard for the predictable consequences for the dog - sent poor Mack back to hell: Elevating the perpetrator of criminal animal neglect to victory - disregarding veterinary recommendations and undermining Robin Paul's praiseworthy professional decisions on behalf of an imperilled animal in Fortuna's jurisdiction - and in 'sentencing' a dog to further abuse - you have failed us all! I understand that you, Mr. Mainzer, likened the returning of Mac to his owner to "reuniting a child with his parents." How little you must understand about family law and custody issues; because had you the courage to yourself accompany Robin Paul to the 'dwelling' from which he was rescued last October - you would have grabbed the child by the hand or the dog by the leash and run! I doubt the conditions imposed upon Mr. Crummett are going to make much difference to Mac's fate although, respectfully Sir, I'm sure they serve to assuage your conscience: I attach two photos of Mac from the emergency vet's office last October: This horror is what Mr. Crummett characterized as a "little case of mange!" What a shameful representation of Humboldt County justice! Know that the watchful-eyes af the vast network of North Coast animal-advocacy groups ... are watching.

Gail Holder K9-Angels

◼ Injustice to animals -- Who's accountable? - Gail Holder My Word

Dog killer arrested again; Eureka man appears in court, scheduled to be arraigned next week

◼ ...Baltzley moved in with another family, which had four dogs. After about a week, all of the dogs began displaying irrational fear of Baltzley,... - Times-Standard

Officers with the Eureka Police Department arrested a Eureka man Thursday night after a weeks-long investigation into a series of dog deaths.

Donavan Nathaniel Baltzley, 22, is in custody again after officers arrested him for violating his probation, time he was sentenced to last year after pleading guilty to killing his ex-girlfriend's dog. Baltzley now faces two new charges of animal cruelty, in addition to violating his probation, and is due back in court for a pre-trial hearing next Wednesday.

Baltzley, who was given five years of probation by Judge Joyce Hinrichs last September, moved into the home of a Eureka family late last year. In January, the family -- which owned a pair of small Maltese dogs -- reported finding one of the dogs, 8-month-old Bentley, dead under a bed. Just before the dog's death, he began to show “irrational fear of Baltzley,” according to an EPD press release...

Humboldt County Deputy District Attorney Arnold Klein, who prosecuted the case last year, asked Hinrichs to send Baltzley back to state prison when he was sentenced. Hinrichs opted to suspend Baltzley's three-year prison term, instead handing him five years probation, time Klein said would have been better spent behind bars.

”There were some deep-seated issues with him,” Klein said in an interview on Friday. “He had the makings of a serial killer.”

◼ Eureka’s Serial Dog Killer - The Journal
◼ Dog killer kills again and again - McKinleyville Press

◼ Eureka dog killer sentenced to five years probation - Ukiah Daily Journal 9/15/2010

Re: the Humboldt County Animal Shelter

Too many animals are being held for too long waiting for the DA to sign for them to be released.

BECAUSE OF DOGS ON LEGAL HOLDS (INCLUDING LONG TERM COURT CASE HOLDS) - we are still asking people to look at all our dogs and pull any that they can. Because of these conditions adoptable dogs would be at risk as the only legally available population from which to ease overcrowding.  (That means adoption or euthanasia, right?)

LONG VERSION:

Total Population is now at 66 including bite holds and the court case dogs that are not listed on petharbor. Dogs are being double bunked and as soon as we get a rescue commitment on any dog in the place and they clear their legal hold and we find a ride they are out the door!

Adoptable dogs are at 32.
Developing...

Paul:

I will consider your office accountable for these deaths by your lack of action and refusal to sign the necessary release legal documents needed to get the animals either adopted, placed in fosters or transferred to other animal rescues.

Barbara Shults, R.N.-Founder
North Coast Animal Welfare Advocacy Center

Related 85 live animals from Cutten. They include chameleons, geckos, a monitor lizard, bearded dragons, rattlesnakes, toads, a bullfrog, ferrets, a stick bug, a tarantula, a cat with kittens and 61 turtles...they are court property because they were seized with a search warrant... Whether and how the animals are adopted depends on the criminal case... no adoptions can happen until that is over.

Barbara adds: Basically, the Humboldt County Animal Shelter can not currently release any of the animals on legal holds due to California Penal Code animal welfare violations, even with permission of the owner, because of the D.A.’s failure to bring these cases before a judge, therefore they take up space and increase the chances of euthanasia for strays currently being held and new ones coming in. So, if a dog is border line on adoptability, which can be due to medical reasons, being frightened of the shelter or other issues, this animal has far less of a chance to be placed on the adoption list.

The Animal Welfare groups do as a much as we can but are limited due to our lack of resources.  The Humboldt County Animal Shelter has done a miraculous job in connecting with animal welfare rescues and Animal Shelters throughout the U.S. However; as I have stated over and over again, our nation is failing in dealing with the pet overpopulation and millions of animals need to be placed in homes.

Currently all the animals seized in Cutten a month ago are in legal limbo. They also have an emaciated wolf hybrid dog and her pups confiscated from a breeder in Petrolia in a like situation.

What the District Attorney's office needs to do is bring all the animal welfare neglect cases to court, push for appropriate animal abuse charges and get a release so that the animals can leave the shelter. I am not sure of the correct legal term, however; Steve is not legally able to do anything with the animals until then.

Animal welfare organizations:
1. Animal Legal Defense Fund
2. Born Free USA united with Animal Protection Institute
3. In Defense of Animals
4. Animals and Society Institute
5. Humane Society of the United States

Update: Mad River Dog Case

ER Mad River dog trial ends
John and Stacy Malcolm found not guilty on all charges.
The verdict came on the heels of a motion for mistrial filed by Trinity County Deputy District Attorney Eric Heryford, after he learned early Thursday that the Malcolms’ defense attorney, Timothy Noal Gray, had failed to disclose to the court that he was currently representing Bugenig in a civil case against Humboldt County Public Guardian Ramon Herrera.

Both Bugenig and Herrera testified during the trial — Bugenig for the defense and Herrera for the prosecution.

Heryford said Trinity County Superior Court Judge Anthony Edwards denied the motion, but was in the process of forming an instruction to the jury to disclose the information when the jury returned with its verdict.

Complete list of related stories.

CONCLUDING THE MAD RIVER DOG CASE/updated

ER Mad River dog trial ends
John and Stacy Malcolm found not guilty on all charges.
Finally covered in the TS Couple found not guilty of animal abuse

ER Two stand trial in connection to Mad River dog abuse case
ER Testimony continues in Mad River dog case 9/19/2007
ER Jury selected in Trinity County dog abuse case

BACKGROUND/RELATED COVERAGE:
ER Two mass dog graves discovered near Mad River 8/16/2006
ER Trinity County Animal Control warned of dogs' plight since 2005 8/18/2006
ER "Dogs seemed fine," Animal Control Officer Edwards says 8/18/2006
ER Defense attorney says John and Stacy Malcolm not to blame for abuse of dogs 8/18/2006
ER Dogs' condition consistent with starvation, report states 8/20/2006
ER Death toll rises in Mad River dog deaths 8/22/2006
ER IN THE 'INTERESTS OF JUSTICE'? 8/23/2006
ER Evidence mounts in animal abuse case 8/24/2006
ER Report details 'horrific' conditions 8/26/2006
ER Community responds to dogs' abuse by donating to rescue 8/27/2006
ER 51 CHARGES FILED IN DOG CASE 8/30/2006
ER National Animal group challenges Gallegos over abuse case 8/30/2006
ER National, international animal groups weigh in on abuse scandal 8/30/2006
ER ER Editorial - Specious arguments
8/30/2006
ER 78 additional felonies charged in Mad River dog abuse case 9/1/2006
ER Malcolms 'walked through' arraignment 9/2/2006
ER When law enforcement fails, 'vigilantism' sometimes needed 9/4/2006
ER Third suspect in dog case arraigned 9/7/2006
ER Mad River dog abuse case suspect speaks out 9/9/2006
ER Hearing set for Mad River dog suspects 9/14/2006
ER Dog suspects head for trial 10/13/2006
ER Code addressing animal abuse requires low burden of proof 10/16/2006
ER Animal abuse linked to serial killings, needs to be addressed 10/16/2006
ER Gallegos says he will not file felony in Bugenig horse case 10/21/2006
ER If Lucky had been seized, perhaps he would have survived 10/23/2006
ER Original owner of Mad River dogs released from prison 11/1/2006
ER Malcolm attorney requests charges be dropped 12/13/2006
ER Defendant in Mad River dogs case accepts plea deal 8/20/2007

Spin and Reality

Quoted in the Times Standard's Year End Recap Paul Gallegos has this to say:
"While crime has continued to go down, we are still trying to catch up on the backlog of cases, especially homicides, from the past,” Gallegos said. “Hopefully, we will have tried all of them by the end of 2007.”

Gallegos described 2006 as a good budget year “because we were able to begin the slow process of rebuilding from the losses caused by the budget crisis. Unfortunately, it will take a couple of years of rebuilding to be where we need to be to do the job that we want to do. Morale is good despite the work load and the long hours.”

The biggest challenges have been dealing with the lack of resources and treatment options for the drug and alcohol addicted and the mentally, as well as the recent police shootings.

”My firm belief continues to be that if we can meaningfully address drug and alcohol abuse and addiction and mental illness, we will profoundly improve the quality of life for all people in Humboldt County,” he said. “My personal hope is that my office can assist Humboldt County in becoming ranked as one of the best places in the country to live.”

Really? The slow process of rebuilding from the losses caused by the BUDGET CRISIS?
C'mon, man. your office must be swimming in money - hundreds of thousands of dollars not being spent on all those unfilled positions, saved because all but three of your experienced prosecutors are gone. Maybe you better rehire the PR man to come up with some new BS line for the New Year.

Morale is good? IN the DA's Office? Is that why they are all leaving?

"The biggest challenges have been dealing with the lack of resources and treatment options for the drug and alcohol addicted and the mentally, as well as the recent police shootings?" Are you kidding?

The North Coast Journal is more in touch with the reality of the situation: "THE YEAR IN GALLEGOS - A take-no-prisoners election challenge from within the office, red-handed plagiarism, terminal short-handedness, high-profile cases ignored or overturned on appeal -- all in all, it was a pretty quiet year for District Attorney Paul Gallegos. But as the list would indicate, even Gallegos' down times pretty much out-Richter those of most anyone else you could care to name.

The first half of the year was taken up by the election. Gallegos was running for the office for the third time in four years, including the failed, Maxxam-financed recall attempt against him in 2004. This time, his challenger was Deputy DA Worth Dikeman, a veteran Humboldt County prosecutor, who had announced that he'd seek to oust Gallegos nearly a year previous, back in the summer of 2005. The race was not friendly, from either side -- Dikeman charged Gallegos with incompetence, Gallegos' proxies charged Dikeman of racism and bias toward the police. Gallegos won by a healthy margin -- 53-46 -- but not near as healthy as his 60-40 recall win.

A couple of prosecutors quit. Dikeman was fired. In August, news broke of a horrible case of animal abuse out in the hinterlands, with 41 dogs found dead or dying of neglect just over the border in Trinity County. It turned out that the alleged perpetrator, Roberta Bugenig, had just moved there from the Bridgeville area, where the Humboldt County Sheriff's Office had filed felony animal abuse charges against her in 2004. Gallegos' office had declined to prosecute the case. The discovery of these facts prompted condemnation from animal rights activists.

Seemingly in response -- in fact, it was never quite clear -- Gallegos published an opinion piece titled "Vigilantism A Force Of Anarchy" in the Times-Standard. The piece's odd phraseology prompted the Eureka Reporter's Heather Muller, who had originally reported the Bugenig case, to do a Google search; as it turned out, much of the op-ed had been lifted straight out of an academic paper on The Ox-Bow Incident.

Not all the post-election news was as embarrassing -- or not yet, at least. In November, Gallegos finally filed the long-delayed appeal of his office's sprawling fraud lawsuit against the Pacific Lumber Co., which had been tossed out of court a year and a half prior. The suit, along with Gallegos' generous medical marijuana policy, is the thing that first defined his tenure in the office, and gave him a reputation as a crusading people's prosecutor. Will the appeal bring back some of the magic?

"In the interests of justice"

IN THE 'INTERESTS OF JUSTICE'?

After reading this story in the Eureka Reporter, you have to ask yourself what part of his job Paul Gallegos IS doing.

He's not prosecuting serious animal abuse cases, "in the interest of justice."

He's not prosecuting child abuse cases.

Besides playing rock star of the western world for the activist community, what is he doing?

***
The article (added later):

caption: Shannon Miranda examines the contents of blue barrels found Sunday night near Mad River. The seven barrels contained 10 or 11 dead dogs and part of a sheep. Heather Muller/The Eureka Reporter

IN THE 'INTERESTS OF JUSTICE'?
by Heather Muller , 8/23/2006

In yet another twist in the Mad River dog abuse scandal, information uncovered late last week suggests that officials on this side of the county line missed at least two opportunities to intervene on behalf of the unknown number of horses, sheep and dogs that ultimately died at the former Trinity County residence of Roberta Bugenig.

As recently as June 2004, Bugenig, now 65, lived in Humboldt County, on Chalk Mountain Road near Bridgeville, and in January and June of that year was investigated for alleged offenses related to her care and treatment of 61 dogs and a blind horse named Lucky.

But according to public records, charges against Bugenig requested by the Humboldt County Sheriff’s Office — including 122 alleged misdemeanor county code violations for failure to vaccinate and license her dogs, and one alleged felony violation for abuse of the horse — were never filed by the Humboldt County District Attorney’s Office.

John and Stacy Malcolm are expected to be charged in Trinity County with multiple felony animal cruelty charges stemming from their treatment of the Bugenig animals.

But why were charges not filed against Bugenig years earlier in Humboldt County?

Lt. Steve Knight, who heads up the animal control division of the Humboldt County Sheriff’s Office, said he doesn’t know.

“As I understand it, we had one case where (Bugenig) was cited for numerous counts for no rabies vaccination and licensing of the animals,” he said. “That was back in January 2004. In June of 2004 deputies went out again to investigate a report of animal neglect and cruelty, and a case was referred to the DA’s Office for charges.”

Knight added, “I don’t know what the DA did with it.”

District Attorney Paul Gallegos said Monday that the first case, involving the 122 alleged misdemeanor violations, was received by his office June 15, 2004, and was rejected Oct. 26 of the same year.

“These were regulatory offenses, not neglect offenses,” Gallegos said, adding that the reason given in the file for rejection of the charges was “interests of justice.”

“There could have been issues of proof,” he said.

The alleged felony offense of abuse of the horse was received by the DA’s office July 9, 2004, and rejected Aug. 23, 2004, for lack of evidence, according to Gallegos.

“We can do nothing unless we have sufficient evidence of an offense,” he said. “That’s it in a nutshell.”

Sheriff’s Office Public Information Officer Brenda Godsey said Tuesday that she could not speak to the evidentiary value of information provided to the DA’s Office, but could officially confirm that a videotape had been booked into evidence.

Godsey also confirmed that deputies had posted a pre-seizure notification on the stall of the horse June 4, 2004. But when deputies returned June 9 to follow up on the notice, all of the animals were gone.

Bugenig had left Humboldt County and moved approximately five miles across the county line near Mad River in Trinity County.

Timothy Noal Gray, the Malcolms’ defense attorney, confirmed that Lucky died on the Mad River property of unknown causes in March of this year.

The horse was old, Gray said, and he believed its death was “a natural thing.” The Malcolms, he said, had it buried at “considerable personal expense.”

Dozens of dogs were found dead and dying in and around the kennels at the former Bugenig property on Aug. 10, after a U.S. Forest Service law enforcement agent found blue barrels containing dead dogs that had been dumped in Six Rivers National Forest. They were eventually linked back to the kennels.

Knight said Humboldt County Animal Control did everything it could to intervene in the matter. According to documents obtained by The Eureka Reporter, one deputy even prepared a declaration in support of a warrant requesting the arrest of Bugenig for alleged “failure to provide care” for the animals.

Although charges were not filed by the DA’s Office, Knight said his office did inform Trinity County that Bugenig was moving into its jurisdiction.

Trinity County Animal Control Officer Christine Edwards confirmed that she had been notified about Bugenig in 2004.

“There were complaints at one time of a woman locating here with too many dogs,” Edwards said in an Aug. 18 interview.

But Edwards insisted that she didn’t know who the woman was or where she had moved until law enforcement personnel were called to the property in March 2005 to forcibly evict Bugenig from the residence.

“I think we did our job,” Knight said — and, in light of subsequent events, “I’m glad we did our job.”

It is impossible to know whether the prosecution of Bugenig in Humboldt County could have averted the tragedy.

“If we had filed, based on the charges,” Gallegos said, “probably the best results — or the worst results from her perspective — would have been probation.”

Copyright (C) 2005, The Eureka Reporter. All rights reserved

Related Stories:
Two mass dog graves discovered near Mad River 8/16/2006
Trinity County Animal Control warned of dogs' plight since 2005 8/18/2006
"Dogs seemed fine," Animal Control Officer Edwards says 8/18/2006
Defense attorney says John and Stacy Malcolm not to blame for abuse of dogs 8/18/2006
Dogs' condition consistent with starvation, report states 8/20/2006
Death toll rises in Mad River dog deaths 8/22/2006
IN THE 'INTERESTS OF JUSTICE'? 8/23/2006
Evidence mounts in animal abuse case 8/24/2006
Report details 'horrific' conditions 8/26/2006
Community responds to dogs' abuse by donating to rescue 8/27/2006
51 CHARGES FILED IN DOG CASE 8/30/2006
National Animal group challenges Gallegos over abuse case 8/30/2006
National, international animal groups weigh in on abuse scandal 8/30/2006
ER Editorial - Specious arguments
8/30/2006
78 additional felonies charged in Mad River dog abuse case 9/1/2006
Malcolms 'walked through' arraignment 9/2/2006
When law enforcement fails, 'vigilantism' sometimes needed 9/4/2006
Third suspect in dog case arraigned 9/7/2006
Mad River dog abuse case suspect speaks out 9/9/2006
Hearing set for Mad River dog suspects 9/14/2006
Dog suspects head for trial 10/13/2006
Code addressing animal abuse requires low burden of proof 10/16/2006
Animal abuse linked to serial killings, needs to be addressed 10/16/2006
Gallegos says he will not file felony in Bugenig horse case 10/21/2006
If Lucky had been seized, perhaps he would have survived 10/23/2006
Original owner of Mad River dogs released from prison 11/1/2006
Malcolm attorney requests charges be dropped 12/13/2006
Defendant in Mad River dogs case accepts plea deal 8/20/2007