John Chiv's Questions for Ms. Egger

Janelle's screenshot

◼ Janelle Egger tries to serve court summons to Supervisor Rex Bohn during public comment - John Chiv/Words Worth

Why was it necessary to serve the summons during that meeting besides to get attention and on the cameras? It isn't as if you don't know where Rex is or his office is located. Like your previously ill-intentioned lawsuit and perceptions, you just keep on with your agenda. Who is behind this latest ploy? And why?

Those are the questions unasked, not investigated by the local media. People are smart Janelle and they deserve public information that is complete.
__________________
A. Why was it necessary to serve the summons during that meeting besides to get attention and on the cameras?

Janelle: ____

(Anonymous answer #1: The papers were served on the Board of Supervisors which does not exist except when in session. Pretty simple to understand if one has the most basic understanding of our government.) INCORRECT, BTW

B. Who is behind this latest ploy?

Janelle: ___

C. And why?

Janelle: ____
__________________
I'm not playing the email game with you, Janelle. I get that you have something to say. As John points out, you have chosen to 'respond' - though not ANSWER the questions - on an anonymous blog "which clearly has an agenda and is very obviously comprised of the same Heraldo crowd, the Fair Wage crowd and Occupy Eureka."

And you've chosen to comment profusely - pseudonymously - in the comments threads, which is only obvious because people respond to you by your name following those arguably anonymous responses.

All from someone who professes to care about free speech issues.

We live in a nation where free speech is a God-given right, meaning it cannot be taken away, and you are safe to use your name when stating your opinion.

Yet people hide in the shadows of anonymity, refusing to be upfront and honest in stating their opinions, and you choose to participate in that manner.

Not gonna play.

Comment here - WITH YOUR NAME - and I will put your responses in the post. I will do so even if you wish to use your pseudonym: Fortuna Rain. No problem.

ADDED: IF YOU HAVE TROUBLE POSTING HERE, you can email your answers, and I will paste them in.

◼ Supervisors served court summons for alleged Brown Act violations - Will Houston/Times-Standard

The writ of mandate was filed against the board this month by Fortuna resident Janelle Egger, who said the board's use of committees — with three specifically targeted — violated the Brown Act by ignoring its own rules on committee formation and excluding members of the public from attending standing committee meetings, which she claims should be open to the public.

"The Brown Act has a provision, generally speaking, that meetings are going to be open and publicly noticed and agendized," she said. "It says that applies to the legislative bodies and its commissions and committees and then it gives an exception to that. The way the county seems to be interpreting it is that as long as it has less than quorum of the board members it was not subject to the Brown Act."

...One question still up in the air is whether Egger served the summons correctly.

Manhunt in Humboldt for suspected killer; father suspected of shooting wife, 2 daughters; officials on the lookout in Petrolia area

◼ UPDATED: WOMAN, DAUGHTERS SHOT TO DEATH - Record Searchlight staff
◼ Shane Franklyn Miller, 45, is being sought by deputies and is considered armed and dangerous. Via Times-Standard

...(A) woman and her two daughters found dead Tuesday night at their home suffered multiple gunshot wounds.

"The husband and father was responsible for the alleged 3 homicides," said Lt. Dave Kent at a press conference this afternoon.

The three victims, 34-year-old Sandy Miller, and two daughters, Shelby Miller, 8, and Shasta Miller, 4, were found dead at their home on the 28400 block of Alpine Way. The children's father, Shane Franklyn Miller, 45, is the lone suspect sought by deputies and is considered armed and "extremely dangerous."

Deputies said they couldn't go into details about why they believe Shane Miller killed his family. They said they couldn't confirm what Miller used to allegedly shoot his family.

At a press conference held this afternoon, sheriff's officials said they entered the home Tuesday and found the three victims with gunshot wounds.

Lt. Tom Campbell said that an alert issued earlier this afternoon contained incorrect information about the suspect's vehicle. Authorities are still looking for a gold 2010 Dodge Mega Cab pickup truck with a camper shell, license plate 8Z75988.

They received a 911 call from the home around 7:45 p.m., but deputies wouldn't say who called authorities, except that the call came from the home where the victims were killed.

Deputies said there had been a domestic disturbance at the home in April, but said they couldn't confirm whether a domestic dispute played a part in the shooting.

An alert issued by law enforcement at about 10:30 a.m. today said Miller, whose birthday is today, was possibly headed to a cabin in Ferndale, where he may have a cache of weapons.

◼ Humboldt Connection in Shasta Triple Murder - Kym Kemp/Lost Coast Outpost (watch for updates)

Miller is 5 feet, 10 inches tall, weighs 200 pounds and has red hair and blue eyes, sheriff’s Lt. Tom Campbell said. He is driving a gold 2010 Dodge Mega Cab pickup with a camper shell and California license plate of 8Z75988, according to the Sheriff’s Office

◼ ...Humboldt County Sheriff's Office Lt. Steve Knight said an active search was being conducted Wednesday evening in the Mattole Valley area of Petrolia for triple homicide suspect Shane Franklyn Miller, 45. The sheriff's office reported the discovery of the gold 2010 Dodge Mega Cab pickup truck Miller had been reported driving earlier, parked and vacant on the 30000 block of Mattole Road.... - Redding Searchlight and Times-Standard staff
◼ Vehicle of Suspect in Shasta County Triple Slayings Found at Mouth of Mattole - Kym Kemp/Lost Coast Outpost (watch for updates)

UPDATES FROM LOST COAST OUTPOST:

◼ Mattole Schools Close as Manhunt Continues - Kym Kemp 5/8
◼ Sheriff Downey: Where We’re At in the Mattole Manhunt - Kym Kemp 5/9
◼ Afternoon Manhunt Update: No Leads to Report, But Tour of the Unknown Coast Will Go Forward - Hank Sims 5/9
◼ Photos of Petrolia as Hunt for Triple Homicide Suspect Continues - Kym Kemp 5/9
◼ Dead Body Rumors Unfounded, Says Lt. Hanson - Kym Kemp 5/10
◼ No News From the Shane Miller Manhunt in the Mattole Valley - Hank Sime 5/10
◼ More Officers Arrive to Search for Triple Homicide Suspect - Kym Kemp 5/10

UPDATES FROM TIMES-STANDARD:

◼ Sheriff's office: Triple murder suspect's truck found on Mattole Road; stay indoors - 5/8
◼ Second Update: Mattole manhunt continues, Miller an ex-convict - 5/9

Murder suspect Shane Miller has been in trouble with the law before, according to the Associated Press.
In 2002, Miller was charged in San Francisco with making and selling marijuana for distribution, being a felon in possession of a firearm, possessing a machine gun and money laundering, according to court records. He pleaded guilty to being a felon in possession of a gun and was sentenced to three years and 10 months in prison. He was released in May 2007, according to the federal Bureau of Prisons.

◼ Third update: Search for Miller ongoing in Petrolia after truck sighted - 5/8

◼ Humboldt manhunt continues; search for suspected killer leaves Petrolia area residents on edge - Kaci Poor 5/10

There are obvious similarities between this search and the 2011 manhunt in Mendocino County for Aaron Bassler, the 35-year-old man wanted in the killings of two men in the Fort Bragg area, Downey said. In both cases, the wanted men were believed to be armed, dangerous and familiar with the region in which they were hiding.

”There are also distinct differences,” Downey said. “The area we are looking at searching is not as containable as the Jackson State Forest region where Bassler was hiding. This area is very rugged and forested. It is going to have its own set of problems.”

◼ Gunshot victim found in Myers Flat, unrelated to manhunt - 5/11
◼ Mattole manhunt continues Friday with ramped-up effort; classmates remember Miller as experienced outdoorsman - Kaci Poor/The Times-Standard 5/11

Miller spent his freshman year of high school living with Zachary Davis on Cleveland Street in Ferndale. Davis said his family regularly took on young boarders from Petrolia or Honeydew so they could attend high school in Ferndale or Fortuna. Mattole Triple Junction High School in Petrolia wasn't built until the 1990s, he explained.

Davis remembers Miller as a mean, angry 14-year-old with a penchant for cruel practical jokes.
”I didn't care to know him, and I didn't try to get to know him either,” Davis said. “I was not surprised at all when I saw his name in the paper. What surprised me the most is that it took him this long to do something this evil.”

Davis said Miller -- like most young people raised in the Mattole Valley -- could take care of himself in the wild. Miller could build a fire and a lean-to, Davis said.

”When you're raised out there, you are brought up a little differently,” he said. “You are taught about guns really young, you know how to hunt, set snares and traps. I think Shane could take care of himself out there, but I don't know for how long -- I guess it just depends on what gear he's got.”
Davis said he thought it was unlikely that anyone in the community would want to help Miller, even if he did contact old friends....

Knight said the sheriff's office has not canceled the Tour of the Unknown Coast, which is set to ride down Mattole Road today. Knight said a law enforcement presence will be posted along the route as a safety precaution.

The Bureau of Land Management's Arcata Field Office posted notice that the King Range National Conservation area, including the Lost Coast Trail, would be closed until further notice. Knight said he hopes the public honors the closure.

”We want people to stay out of there for their own safety,” he said. “Having people hiking around complicates things. It is a safety issue for them and for our staff.”

Anyone with information
on his whereabouts should call 911
or the sheriff's office at 245-6540.

He (Kris Coon) credited the officers involved with saving his life.

◼ Two officers fired weapons in fatal Eureka shooting; chief says there was no alternative to deadly force
◼ 'I could have been killed so quickly'; Thursday shootings in Eureka believed to be linked

◼ EPD shooting officers identified

From comments on a prior post: "I wanted to stand up and yell, "are you freaking KIDDING me?!"

◼ Barger not guilty of first-degree murder

I was a juror and have to ask, speaking of those who "know Barger," why didn't the DA call any of the people who he was reported to have confessed to regarding the murder OTHER THAN a jailhouse snitch who got out of a felony and prison time due to his cooperation? Really, there wasn't ANYONE else to call at all other than him or the other two that were there when Rex was killed and could have also easily shot Rex (and certainly wouldn't confess anything on the stand that might put them in Barger's place)?

What about calling the other two passengers who were along for the ride in the truck? What about calling Rex's wife who spent multiple nights in bongo's bed following the murder (according to Bongo's testimony)? No video of the layout of the crime scene/farm so the jury could piece together if the stories made sense? Not one picture of anything other that a picture of Rex's credit card and driver's license? Not one copy of the dozens of police interviews put into evidence? There was a reinactment of the crime starring bongo. No tape? Come on!

The defense atty didn't have to defend Barger because the DA did the job. Or maybe the DA thinks the people of Humbolt county don't require things like evidence and non-compensated testimony.

The experience of sitting on that jury was amazingly frustrating. When they both rested their cases I wanted to stand up and yell, "are you freaking KIDDING me?!"

I do realize keeping up this blog seems obsessive. And there is a reason why I do it. This is one of those days that I am glad I have.

I don't think you will see Miller and Salzman holding any candlelight vigils for this one. This one can be laid squarely at Paul Gallegos' feet. And they know it.

UPDATE:
◼ 'I could have been killed so quickly'; Thursday shootings in Eureka believed to be linked

Man shot by Eureka Police dies

◼ Man shot by Eureka Police dies
A Eureka Police officer shot a reportedly armed man in an alley off Summer Street at around 11 a.m. Thursday after a resident wrestled the man to the ground.

Humboldt County Coroner Dave Parris identified the man who was shot as David Sequoia, 25, of Eureka, and said that he was pronounced dead shortly after he was taken to the hospital. Eureka Police Chief Garr Nielsen confirmed that the shooting involved two officers with his department, but released few details about the incident.

On Thursday, Summer Street resident Kris Coon said he heard rustling in the carport of his home, and found a white man in his early 20s carrying a backpack. Coon said the man pushed him, and Coon wrestled him to the ground, then realized the man had a handgun in his belt. His wife had called 911, and police arrived quickly, Coon said.

The man refused to comply with officers' orders to give up the gun, Coon said, and an officer shot the man in the head.
”They gave him every chance in the world to comply,” Coon said....

From the comments: (comments threads have been shut down since this morning it seems)
Gumshoe said:
David Sequoia = David Gabriel Barger.
The first name, age, alias, and city of residence all match David Gabriel Barger, He stood trial for the first degree murder of Rex Shinn and was charged with the attempted murder of Alvin Pires and Brandon Fee. A handgun was discharged in both crimes.
Considering the deceased criminal history, I don't see how there could be any doubt that the use of deadly force by this EPD Officer was justified.

Here's what I have that's related: (heraldo has a thread up too: ◼ Slain suspect acquitted of murder in 2008
Preliminary hearing in murder/attempted murder case continued
...defense attorney (Neal Sanders) declared a conflict of interest Monday morning with regard to defending his client — a man charged in a 2003 murder/attempted murder case... David Gabriel Barger was to have his preliminary hearing — after which a judge would have determined whether there was sufficient evidence to warrant a trial — he was assigned a new Eureka-based attorney, Marion Miller.

According to past reports, Barger pleaded not guilty in late March to the July 19, 2003, murder of Rex Shinn; the Aug. 13, 2004, attempted murder of Brandon Fee; the Aug. 13, 2004, assault with a deadly weapon, being a firearm, of Brandon Fee; and the Aug. 13, 2004, assault with a deadly weapon, being a firearm, of Alvin Pires.

Barger, 22, a resident of Southern Humboldt — who has gone by the last name of Sequoia — also issued denials to the various firearms-related special allegations listed on the complaint filed by the Humboldt County District Attorney’s Office.

...The police report alone, Sanders said in a previous interview, is more than 1,400 pages long.

It's quite a story how this guy came to be in jail! Complete with a pot grow, drug deals, more offers of immunity from the DAs Office, a case dismissed the day the trial was set to begin back in 2006 and refiled in 2007...
☛ TS Barger murder trial to begin this week
More than five years after Rex Shinn was reportedly shot dead near the Southern Humboldt town of Honeydew, David Gabriel Barger is preparing to stand trial for his murder.

Jury selection is expected to continue Monday for the trial, in which Barger is charged with first-degree murder and stealing Shinn's truck.

Barger was also held to stand trial on a charge of attempted murder and two counts of assault with a deadly weapon, but those charges will be tried separately.

Shinn, 32, of Loleta, was reported missing July 19, 2003, by his mother, after no one had seen him for several months. His abandoned pickup truck was found a month later by a hunter near Petrolia.

More than a year later, in January 2005, Sheriff's Office investigators were led to Shinn's body, which was later identified through dental records....

According to a Feb. 17, 2007, Declaration in Support of Arrest written by Sheriff's detective Rich Schlesiger, Barger, Shinn and four other passengers piled into Shinn's pickup on the morning of July 19, 2003, and headed to the Honeydew property of Scott Starnes, parking outside his front gate.

Shinn and Barger then left the other passengers in the truck and went up and knocked on Starnes' front door, according to the report. Starnes reportedly told investigators that he was awoken by the knocking, and was on his way to answer the door when he heard several gunshots.

When Starnes opened the door, he found Shinn lying dead with a gunshot wound to the head and Barger running down the driveway, according to the report....

Because Starnes had a marijuana growing operation on the property, according to the report, and was afraid to call law enforcement, he told investigators that he and Cordrey decided to use a backhoe to bury Shinn's body near a pond on his property.

According to other documents in Barger's case file, both Cordrey and Starnes repeatedly denied having any knowledge of Shinn's death when asked about it by law enforcement and only admitted to their roles after being offered immunity by the District Attorney's Office....

Barger was soon charged with the attempted murder of Pires, but Humboldt County Superior Court Judge Timothy Cissna ruled in June 2006 there was not enough evidence to hold him over for trial.

Barger was arraigned on a complaint of the attempted murder of Fee the next month, as well as two allegations of felony assault stemming from the incident, but the District Attorney's Office dismissed the case the day the trial was set to begin.

The Humboldt County District Attorney's Office re-filed those charges Feb. 14, 2007, as well as the first-degree murder and vehicle theft charges relating to Shinn, after the case apparently caught a break. While still in custody on the unrelated charges, Barger allegedly confessed to two people that he'd killed Shinn, according to the investigator's report....
◼ Barger not guilty of first-degree murder
After nearly four days of deliberations, a jury found 23-year-old David Gabriel Barger not guilty of the first-degree murder of Rex Shinn, who was shot in the head on a Southern Humboldt County pot farm in 2003.

The jury could not agree on the lesser count of second-degree murder, and ultimately hung with eight of the 12 jurors in favor of his acquittal.

Barger was found guilty of vehicle theft for taking and hiding a truck that belonged to Shinn.

...Following the verdict, juror No. 1, who deliberated in the case, said she was unhappy with the outcome, but because the prosecution did not produce enough compelling evidence, the jury had no choice but to find there was reasonable doubt Barger committed the murder.

”It's very upsetting the evidence wasn't better,” juror No. 1 said. “It wasn't fair to the whole jury because of the evidence. They didn't give us enough.”

...witnesses were granted immunity for their involvement in the marijuana growing operation, and juror No. 1 said this was a primary concern during deliberation.

”Maybe if they had a witness without immunity it might have been more believable,” she said.

Gallegos said he understands the jurors' concerns.

”This murder revolved around a marijuana grow. If we don't grant immunity, those people won't talk, so we have no evidence,” Gallegos said. “It doesn't feel good to us either. But in the spectrum of wrongs, the person pulling the trigger is a lot worse than the others.”

Barger was returned to the Humboldt County jail, and awaits sentencing for the vehicle theft.
He is scheduled to return to court for a pretrial hearing on the second-degree murder charge Nov. 18.

Related coverage:
☛ ER Preliminary hearing in murder/attempted murder case continued
☛ HCSO Date Released: Sheriff's Press Release 8/28/2003
☛ JN MISSING MAN'S BODY FOUND:
☛ JN MURDERED MEN IDENTIFIED:
☛ TS Barger murder trial to begin this week
☛ ER David Barger arraigned on 2003 murder 3/27/07
☛ ER Barger cases scheduled for hearing 4/11/07
☛ ER Preliminary hearing continued 7/3/07
☛ JN Marijuana crime 12/25/03
Previous Posts:
a 2003 murder case
Barger murder trial to begin this week
Barger not guilty of first-degree murder

UPDATE:
◼ 'I could have been killed so quickly'; Thursday shootings in Eureka believed to be linked
Earlier report: Initially believed to be related to the Thursday shooting incident, there was a report of two shots fired about a block away in the parking area of an apartment complex on California Street. Resident Charlie Rangel said that he was in his apartment when he heard two men outside arguing loudly in Spanish. Rangel said he then heard a gunshot, more arguing, and another gunshot.

Detectives were called to the area just after police were dispatched to the scene of the Summer Street shooting.

Barger sentenced for vehicle theft

David Gabriel Barger, a 23-year-old man acquitted in October of first-degree murder, was sentenced Thursday to three years in prison for stealing a vehicle.

Humboldt County Superior Court Judge Dale Reinholtsen sentenced Barger to the maximum possible term for felony vehicle theft -- a charge he was convicted of at trial.

Reinholtsen granted Barger 1,020 days credit for time served, giving him 75 total days remaining on his prison term. Following his release, the judge ordered Barger be placed on parole for three years.

In late October, a jury found Barger not guilty of murder, and hung on the lesser count of second-degree murder, with eight of 12 jurors in favor of acquittal. Those jurors heard evidence indicating that in mid-July of 2003, Barger, Rex Shinn and three other passengers, drove in Shinn's truck to a marijuana farm in Honeydew operated by Scott Starnes.

Witness testimony indicated that at the time, Barger was being paid by Starnes to work on the marijuana growing operation, and Shinn had recently been fired by Starnes.

Barger and Shinn parked the truck at the gated entrance to the Honeydew property, and left their passengers inside as they walked up the mountain road to Starnes' residence.

At trial, the passengers who waited in the truck testified after Barger and Shinn left, they heard the sound of gunshots before Barger -- who was reportedly high on methamphetamine at the time -- returned to the truck alone.

Barger drove the truck, and passengers, away from the Honeydew property, and later abandoned the vehicle near Petrolia. At the conclusion of his trial, the jury found Barger guilty of felony vehicle theft for taking Shinn's truck.

”It seems to me, under those circumstances, the callousness of the offense (vehicle theft) makes the matter more serious,” Reinholtsen said Thursday, explaining why he was choosing the aggravated sentence.

Shinn's body was later discovered by investigators, buried on the Honeydew property. An autopsy showed Shinn had been shot twice in the head and once in the neck. ☛TS Barger sentenced for vehicle theft

Related:
☛TS Barger not guilty of first-degree murder
☛TS Barger murder trial to begin this week
☛TS a 2003 murder case

Barger not guilty of first-degree murder

☛ TS Jury: Barger not guilty of first-degree murder

After nearly four days of deliberations, a jury found 23-year-old David Gabriel Barger not guilty of the first-degree murder of Rex Shinn, who was shot in the head on a Southern Humboldt County pot farm in 2003.

The jury could not agree on the lesser count of second-degree murder, and ultimately hung with eight of the 12 jurors in favor of his acquittal.

Barger was found guilty of vehicle theft for taking and hiding a truck that belonged to Shinn.

...Following the verdict, juror No. 1, who deliberated in the case, said she was unhappy with the outcome, but because the prosecution did not produce enough compelling evidence, the jury had no choice but to find there was reasonable doubt Barger committed the murder.

”It's very upsetting the evidence wasn't better,” juror No. 1 said. “It wasn't fair to the whole jury because of the evidence. They didn't give us enough.”

...witnesses were granted immunity for their involvement in the marijuana growing operation, and juror No. 1 said this was a primary concern during deliberation.

”Maybe if they had a witness without immunity it might have been more believable,” she said.
Gallegos said he understands the jurors' concerns.

”This murder revolved around a marijuana grow. If we don't grant immunity, those people won't talk, so we have no evidence,” Gallegos said. “It doesn't feel good to us either. But in the spectrum of wrongs, the person pulling the trigger is a lot worse than the others.”

Barger was returned to the Humboldt County jail, and awaits sentencing for the vehicle theft.
He is scheduled to return to court for a pretrial hearing on the second-degree murder charge Nov. 18.

Related coverage:
☛ ER Preliminary hearing in murder/attempted murder case continued
☛ HCSO Date Released: Sheriff's Press Release 8/28/2003
☛ JN MISSING MAN'S BODY FOUND:
☛ JN MURDERED MEN IDENTIFIED:
☛ TS Barger murder trial to begin this week
☛ ER David Barger arraigned on 2003 murder 3/27/07
☛ ER Barger cases scheduled for hearing 4/11/07
☛ ER Preliminary hearing continued 7/3/07
☛ JN Marijuana crime 12/25/03
Previous Posts:
a 2003 murder case
Barger murder trial to begin this week
Barger not guilty of first-degree murder

Barger murder trial to begin this week

It's quite a story how this guy came to be in jail! Complete with a pot grow, drug deals, more offers of immunity from the DAs Office, a case dismissed the day the trial was set to begin back in 2006 and refiled in 2007...
☛ TS Barger murder trial to begin this week
More than five years after Rex Shinn was reportedly shot dead near the Southern Humboldt town of Honeydew, David Gabriel Barger is preparing to stand trial for his murder.

Jury selection is expected to continue Monday for the trial, in which Barger is charged with first-degree murder and stealing Shinn's truck.

Barger was also held to stand trial on a charge of attempted murder and two counts of assault with a deadly weapon, but those charges will be tried separately.

Shinn, 32, of Loleta, was reported missing July 19, 2003, by his mother, after no one had seen him for several months. His abandoned pickup truck was found a month later by a hunter near Petrolia.

More than a year later, in January 2005, Sheriff's Office investigators were led to Shinn's body, which was later identified through dental records....

According to a Feb. 17, 2007, Declaration in Support of Arrest written by Sheriff's detective Rich Schlesiger, Barger, Shinn and four other passengers piled into Shinn's pickup on the morning of July 19, 2003, and headed to the Honeydew property of Scott Starnes, parking outside his front gate.

Shinn and Barger then left the other passengers in the truck and went up and knocked on Starnes' front door, according to the report. Starnes reportedly told investigators that he was awoken by the knocking, and was on his way to answer the door when he heard several gunshots.

When Starnes opened the door, he found Shinn lying dead with a gunshot wound to the head and Barger running down the driveway, according to the report....

Because Starnes had a marijuana growing operation on the property, according to the report, and was afraid to call law enforcement, he told investigators that he and Cordrey decided to use a backhoe to bury Shinn's body near a pond on his property.

According to other documents in Barger's case file, both Cordrey and Starnes repeatedly denied having any knowledge of Shinn's death when asked about it by law enforcement and only admitted to their roles after being offered immunity by the District Attorney's Office....

Barger was soon charged with the attempted murder of Pires, but Humboldt County Superior Court Judge Timothy Cissna ruled in June 2006 there was not enough evidence to hold him over for trial.

Barger was arraigned on a complaint of the attempted murder of Fee the next month, as well as two allegations of felony assault stemming from the incident, but the District Attorney's Office dismissed the case the day the trial was set to begin.

The Humboldt County District Attorney's Office re-filed those charges Feb. 14, 2007, as well as the first-degree murder and vehicle theft charges relating to Shinn, after the case apparently caught a break. While still in custody on the unrelated charges, Barger allegedly confessed to two people that he'd killed Shinn, according to the investigator's report....
☛ TS Read the whole story.

Related: Men reported missing a year ago, investigations still open - 8/9/04 The Times-Standard
A year ago today was the last time anyone saw Chris Giauque. Giauque, 36, of Redway, was reported missing by his wife Aug. 10, 2003, when he failed to return from meeting an acquaintance in northern Mendocino County. The next day, Rex Shinn's mother reported him missing after not seeing him for four months.

The two cases are not believed to be related but the Humboldt County Sheriff's Department is still actively investigating both cases....
☛ ER David Barger arraigned on 2003 murder 3/27/07
☛ ER Barger cases scheduled for hearing 4/11/07
☛ ER Preliminary hearing continued 7/3/07

☛ NCJ Marijuana crime 12/25/03
On Aug. 11, Southern Humboldt residents Chris Giauque and Rex Shinn were both reported missing to the Sheriff's Office -- neither has been found, and both are believed dead. Giauque, a prominent medical marijuana advocate, had been on a trip to the Spy Rock Road area of Mendocino County -- the precise purpose of the trip was unknown, but was presumed to have involved drugs. Shinn was believed to have been murdered in a drug deal gone bad. The incidents were probably unrelated.

Two weeks later, Whitethorn teenager Sean Akselsen was shot dead near Briceland. Three unidentified African American males from the Bay Area or Sacramento are suspected in the murder -- they had apparently been staying in the Garberville area for a few days, looking to score, before they met Akselsen.

Those were the worst incidents this year, but far from the only ones. There were two home invasion robberies connected with the drug, in Arcata and Manila. A carjacking and attempted murder in the Dyerville area was rumored to be related to a marijuana deal. There was a murder and car chase just over the Humboldt County line near Willow Creek in November -- a deal gone bad.

The robbers' greed is the principal cause of the violence, of course -- but the deplorable self-interest of some locals involved in the industry helps insure that this unacceptable situation becomes ever more common....
☛ NCJ MISSING MAN'S BODY FOUND 1/27/05
☛ NCJ MURDERED MEN IDENTIFIED 2/17/05
***
Related coverage:
Preliminary hearing in murder/attempted murder case continued
Date Released: Sheriff's Press Release 8/28/2003
MISSING MAN'S BODY FOUND:
MURDERED MEN IDENTIFIED:
☛ TS Barger murder trial to begin this week
☛ ER David Barger arraigned on 2003 murder 3/27/07
☛ ER Barger cases scheduled for hearing 4/11/07
☛ ER Preliminary hearing continued 7/3/07
☛ NCJ Marijuana crime 12/25/03

a 2003 murder case

Preliminary hearing in murder/attempted murder case continued
...defense attorney (Neal Sanders) declared a conflict of interest Monday morning with regard to defending his client — a man charged in a 2003 murder/attempted murder case... David Gabriel Barger was to have his preliminary hearing — after which a judge would have determined whether there was sufficient evidence to warrant a trial — he was assigned a new Eureka-based attorney, Marion Miller.

According to past reports, Barger pleaded not guilty in late March to the July 19, 2003, murder of Rex Shinn; the Aug. 13, 2004, attempted murder of Brandon Fee; the Aug. 13, 2004, assault with a deadly weapon, being a firearm, of Brandon Fee; and the Aug. 13, 2004, assault with a deadly weapon, being a firearm, of Alvin Pires.

Barger, 22, a resident of Southern Humboldt — who has gone by the last name of Sequoia — also issued denials to the various firearms-related special allegations listed on the complaint filed by the Humboldt County District Attorney’s Office.

...The police report alone, Sanders said in a previous interview, is more than 1,400 pages long.

Humboldt County DDA Max Cardoza is prosecuting the case.

Related:
Date Released: Sheriff's Press Release 8/28/2003
Subject: Missing Person
Contact: Det. Rich Schlesiger (707)268-3642
Case No#: 200305296
Released By: Brenda Gainey, PIO
Location: Loleta

Investigators from the Humboldt County Sheriff’s Office and the District Attorney’s Office are still searching for a missing Loleta man. Rex Donald Shinn, 32, was reported missing on August 11, 2003. Since then investigators have been conducting an intensive search for Shinn.

Shinn is a white male adult, 5’8” tall and 160 pounds. He has brown hair and blue eyes.

Shinn drives a silver-blue 1995 Chevrolet ½ ton extended cab 4X4 truck; California license number 5B49549. The truck has the phrase “Shinn Dig Excavation” in blue letters on the doors and a graphic of an excavator on the side.

Anyone with information should call Detective Rich Schlesiger at (707) 268-3642.

MISSING MAN'S BODY FOUND: A body believed to be that of a murdered Loleta man was found Jan. 20 on private land five miles east of Honeydew, the Sheriff's Office reported. An autopsy will be performed this week to identify the remains, but sheriff's officials believe the dead man is Rex Donald Shinn, 32, who was reported missing in July 2003. A homicide investigation began soon after Shinn's truck was found abandoned in Petrolia on Aug. 30, 2003. Detectives believe they know who killed Shinn and will forward the case to the District Attorney's office. Anyone with information can contact Humboldt County Sheriff's Detective Rich Schlesiger at 445-7251.

MURDERED MEN IDENTIFIED: The remains of two slain men whose bodies were left in Southern Humboldt have been positively identified. A body discovered last month in Honeydew was identified through dental records as Rex Donald Shinn, of Loleta, according to the Humboldt County Sheriff's Office. Autopsy results confirm that Shinn, 32, died of a gunshot wound. The Sheriff's Office says that they know who killed the man, who was reported missing in July 2003. Sheriff's detectives are continuing an investigation into Shinn's murder. Anyone with information should contact Detective Rich Schlesiger at 445-7251. In another unsolved homicide, a recent DNA comparison has identified Robert John Tobaka, 53, of Eureka almost one year after his body was discovered in the woods near Pepperwood. The cause of the man's death was not released by the Sheriff's Office; an investigation continues.