Prosecutor; Paul Gallegos. The fuck-ups just keep coming.

And this one is a shining example.

Then, on appeal, this one will get off because Gallegos didn't ensure that proper procedures were followed. Failure to give instruction on 2nd Degree Murder.

◼ First degree murder verdict overturned by First Appellate District in Ryan Salas case, defense counsel "ineffective", court "erred" - John Chiv/Words Worth

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT
DIVISION TWO
RYAN ANTHONY SALAS, Defendant and Appellant.
A138588 (Humboldt County Super. Ct. No. CR1201698)

Appellant Ryan Anthony Salas was convicted, following a jury trial, of first degree felony murder, possession of a firearm by a felon, conspiracy to commit robbery, and conspiracy to commit burglary. The jury also found true both a felony-murder special-circumstance allegation and several other enhancement allegations. On appeal, he contends (1) defense counsel was ineffective because he did not request an instruction on voluntary intoxication or argue that theory to the jury; (2) the trial court erred when it failed to instruct sua sponte on attempt in connection with the predicate felonies for felony murder; (3) the trial court erred when it failed to instruct on the nexus requirement for felony murder or, in the alternative, defense counsel was ineffective for failing to request such an instruction; (4) the trial court erred when it failed to instruct sua sponte on the lesser-included offense of second degree murder or, in the alternative, counsel was ineffective for requesting that the court not so-instruct the jury; (5) the trial court improperly instructed the jury on the felony-murder special-circumstance allegation; and (6) the cumulative effect of the errors raised on appeal requires reversal of the judgment.

In a petition for writ of habeas corpus (habeas petition), appellant further contends defense counsel was ineffective for (1) failing to investigate or develop evidence regarding the defense of voluntary intoxication; (2) failing to use available evidence of voluntary intoxication as a defense at trial or as a basis for requesting an instruction on voluntary intoxication; (3) failing to request an instruction on the nexus requirement for felony murder; (4) persuading the trial court not to instruct on the lesser-included offense of second degree murder. He also argues that the cumulative effect of counsel’s deficient performance requires reversal of the judgment.
We conclude defense counsel was ineffective for requesting that the court not instruct the jury on the lesser-included offense of second degree murder and the court erred in failing to instruct on attempt in connection with the predicate felonies for felony murder. We shall therefore reverse the first degree murder conviction and felony-murder special-circumstance true finding. As we shall explain (see pt. II, post), we need not address the merits of the other issues raised on appeal or in appellant’s habeas petition, which we shall deny in a separate order.

...Here, the record reflects that defense counsel expressly requested that the trial court not instruct the jury on second degree murder. While the discussion regarding jury instructions was not held on the record, the trial court’s remarks made clear that it would not be giving a second degree murder instruction at counsel’s request. Moreover, although counsel’s reason for this request was not stated on the record, that he affirmatively made the request demonstrates a “clearly implied tactical purpose,” which is “sufficient to invoke the invited error rule.” (Coffman, supra, 34 Cal.4th at p. 49.) Consequently, appellant cannot now claim the court erred in failing to instruct the jury on second degree murder. (See ibid.)...

...The court concluded the instruction as follows: “If you decide that the defendant committed murder, you must then decide whether it is murder of the first[.]” As noted, the court crossed out the remainder of the final sentence of CALCRIM No. 520, which stated, “or second degree.”16 This disastrous instruction told the jury that it could find appellant guilty of murder if it determined he acted with implied malice, as described in the instruction, but took away the option of convicting him of second degree murder, the only type of murder to which the implied malice portion of the instruction could apply. (See People v. Knoller (2007) 41 Cal.4th 139, 156 [“a conviction for second degree murder, based on a theory of implied malice, requires proof that a defendant acted with conscious disregard of the danger to human life”].)

The prosecutor’s closing argument further exacerbated the problem. When discussing what appellant’s possible motive could have been when, after everyone “thought it was over” and started heading back to the car, appellant said “Fuck it,” ran back to the truck, and killed Sovereign, the prosecutor asked, “So what is his motive? Is it the robbery? Is it something else? [¶] Well, ladies and gentlemen, we don’t need to prove motive to you. It could be that there is a motive that you and I will never know, but motive is not an element. The prosecution doesn’t need to prove that to you in any murder case.

“The—the absence of motive, you can use. You can say, well, hey, they’re best friends. That’s his brother. They’ve known each other forever. The absence of motive, you can use to say he didn’t do it, but it also isn’t the absence of the fact that he did do it. So if you’re saying, okay, they’re all going there. I don’t understand. I don’t understand why he did this. I don’t know what his motive was. That is not reasonable doubt . . . .”
Later, after discussing the possible theories by which the jury could find appellant guilty of murder, the prosecutor concluded, “If some of you say, felony murder and some of you say implied malice and actual malice, gets [sic] what? Still murder. You can use that. You don’t necessarily need to agree on all of the theories for murder.” The prosecutor’s argument highlights the lack of clear evidence regarding whether appellant possessed the requisite intent for either first degree malice murder or felony murder.17 As with the misleading instructions, the prosecutor’s comments suggested to the jury that it could find appellant guilty of first degree murder even if it did not believe that appellant acted with either felonious intent or express malice, but only with implied malice.

In sum, the absence of a second degree murder instruction essentially left the jury with the all or nothing choice of first degree murder or acquittal, when the evidence suggested a middle ground. The misleading instructions on implied malice murder and the felony-murder special-circumstance, together with the prosecutor’s confusing argument, further muddied the situation and made it more likely that the jury would find appellant guilty of first degree felony murder based on a mistaken understanding of the law of felony murder and implied malice murder, and regardless of whether the evidence truly supported such a verdict.

Bruce “Jason” Stallings-Hunsucker to stand trial for murder

◼ Judge: Sufficient evidence for fourth suspect to stand trial in Willow Creek homicide; Stallings-Hunsucker held on murder charge - Thadeus Greenson/The Times-Standard

A judge ruled Wednesday there is sufficient evidence to hold Bruce “Jason” Stallings-Hunsucker to stand trial on a murder charge stemming from the May 2011 shooting death of volunteer fireman Darrell Hanger in Willow Creek.

Humboldt County Superior Court Judge Dale Reinholtsen also found there was probable cause to hold the Hoopa resident to answer to charges of burglary, conspiracy and taking a vehicle without the owner's permission. Reinholtsen did not issue a holding order on charges of attempted murder and being a felon in possession of a firearm, according to Humboldt County Deputy District Attorney David Nims.

Defense attorney Neal Sanders said his client was also not held to answer to a number of special allegations and enhancements that he personally used a firearm in the commission of the charged offenses.

Cold comfort

◼ Salas guilty of murder - Grant Scott-Goforth/The Times-Standard

Ryan Anthony Salas showed little emotion, shaking his head softly at times, as a jury Friday found him guilty of the 2010 shotgun slaying of Jack Dale Sovereign.

Salas -- also convicted Friday on charges of being a felon in possession of a firearm, conspiracy to commit burglary, and conspiracy to commit robbery -- was one of four defendants implicated in Sovereign's death.

Prosecutors alleged that Salas, Nathan Nix, Katrina Inong and Sonia Hunsucker conspired to commit a home invasion robbery targeting a safe at a Santa Clara Street home on the outskirts of Eureka. The robbery attempt was thwarted, according to prosecutors, when the four arrived to find Sovereign sitting in a pickup truck in the home's driveway.

At that point, witness accounts seem to vary, but prosecutors have stated their belief that Nix, Inong and Hunsucker were abandoning the robbery attempt when Salas, armed with a shotgun, approached Sovereign and shot him in the face.

...Inong pleaded guilty to a voluntary manslaughter charge in December 2010.

...Hunsucker had agreed to testify as part of a deal with prosecutors, but after pleading guilty to an unrelated killing -- the second degree murder of Darrell Hanger in Willow Creek in 2011 -- and receiving a sentence of 15 years to life in prison, Hunsucker refused to testify.

...Nix ...reached a plea agreement... faces a maximum sentence of 11 years in prison for the voluntary manslaughter charge.
_______

And so justice is done.

While Gallegos said he expects Inong to be able to continue her testimony in the case, if she is medically unable to retake the stand, it could pose a large problem. ”That could be a mistrial,” Gallegos said.

◼ Murder trial disrupted by medical emergency; if seizure prevents witness from testifying, mistrial could be in order

◼ Murder trial disrupted by medical emergency; if seizure prevents witness from testifying, mistrial could be in order - eus Greenson/The Times-Standard

Hunsucker refusing to testify in Sovereign murder trial; DA's office had agreed to not prosecute if she testified

◼ The Humboldt County District Attorney's Office agreed not to prosecute Hunsucker in the case and to dismiss a possession of stolen property case against her in exchange for her testifying honestly in the prosecutions of Inong, Salas and Nathan Nix, who were all accused of being involved in Sovereign's shooting. - Grant Scott-Goforth/The Times-Standard

Nix and Inong have pleaded guilty to voluntary manslaughter in relation to the case and are awaiting sentencing. Both face up to 11 years in prison.

Hunsucker has since pleaded guilty to an unrelated killing -- the second degree murder of Darrell Hanger in Willow Creek in 2011 -- and was sentenced to 15 years to life in prison.

Hunsucker is being held in the county jail on contempt charges for her refusal to testify, and District Attorney Paul Gallegos, who is prosecuting the Salas trial, said that he will call her as a witness every morning until his case rests.

”It's my position that her refusal to testify constitutes a breach,” Gallegos said.
He said that the court ruled Hunsucker “made herself unavailable,” and her prior sworn testimony will be admissible in court.

◼ A 'nightmare in this community'; Sonia Hunsucker was allegedly involved in two homicides and a violent robbery in 12 months. Did prosecutors miss a chance to keep her behind bars? - Thadeus Greenson/The Times-Standard

...Humboldt County District Attorney Paul Gallegos called Hunsucker a “nightmare
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in this community,” telling jurors that she had helped plan the robbery after noticing a safe in the Santa Clara Street home a couple of days before. Further, Gallegos said, Hunsucker went with one of the defendants and another woman -- Katrina Inong, who has pleaded guilty to voluntary manslaughter in the case -- to procure the shotgun used to gun down Sovereign.

While prosecutors allege it was Salas who pulled the trigger that morning, Gallegos told jurors that Inong, Nix and Hunsucker were all willing participants in the botched robbery.

”They are all a part of this,” Gallegos said.

But not all of them are on trial. Gallegos' office agreed not to prosecute Hunsucker in the case and to dismiss the possession of stolen property case against her in exchange for her testifying honestly in the prosecutions of Inong, Salas and Nix.

At the time of Sovereign's killing, Hunsucker was no stranger to law enforcement. In fact, she'd just been released from state prison 65 days earlier, on March 28, 2010, according to California Department of Corrections spokeswoman Ashley Caldwell....


The events raise questions about whether Darrell Hanger's death could have possibly been prevented if Hunsucker had been charged with Sovereign's murder. Conceivably, she would still be sitting in jail, just now standing trial with Salas and Nix. Would that have changed anything? She apparently didn't fire the bullets that killed Darrell Hanger, and testimony in the murder trial hasn't claimed she was the instigator or mastermind of the botched burglary that led to the shootout. But, would Surber -- the apparent shooter -- have been at Ryan Hanger's house that night if Hunsucker, his girlfriend, weren't there?

The questions are unanswerable.

Speaking generally, Gallegos said his office takes the decisions associated with handling these types of prosecutions very seriously but doesn't have the luxury of seeing into the future.

”Unfortunately, we don't have a crystal ball when we're making decisions -- we have to make these decisions with the information we currently have,” he said. “We have to make a decision based on the immediate threat -- which is having a murderer on the street and trying to get enough evidence to charge that murderer and get them off the streets. The costs associated with that are what you see.

”... Sometimes we make decisions that go terribly wrong, or tragically wrong, but at the time we are not operating with a crystal ball that allows us to look into the future,” he said.

Evidence presented in Willow Creek murder case; prosecution witness shows jury guns, bullets from crime scene

◼ Evidence presented in Willow Creek murder case; prosecution witness shows jury guns, bullets from crime scene - Thadeus Greenson/The Times-Standard

◼ Willow Creek murder trial begins; defense argues shooting was self defense 7/13/2012
◼ Hoopa woman Sonia Hunsucker pleads to murder in Willow Creek shooting - The Times-Standard 7/06/2012
◼ Charges dropped on Hunsucker and Machado - The Times-Standard 11/11/2011
◼ link - The Times-Standard 8/02/2011

Criminal censorship

◼ Hoopa Tribe shuts down Two Rivers Tribune over controversial articles; tribal newspaper staff rallying supporters for council meeting
The Hoopa Valley Tribal Council chairman shut down the tribe's newspaper through a memo sent Friday afternoon, citing financial issues and disagreement over controversial articles.

Controversial. But excellent.

What is a newspaper for if not to tell the story, cover the issue? Controversial it may be, but the decision to publish Hunsucker's account of the killing was and is the right thing to do.

◼ The Arcata Eye: As we celebrate the Fourth of July weekend, a fine Humboldt County newspaper is dying.
◼ Chairman Shuts Down Newspaper Day Before New Council Sworn In - Two Rivers Tribune

Jason Bruce ‘J-Bird’ Hunsucker's story of the murder of Darrel Hanger Sr.

◼ Man on the Run - tworiverstribune.com via ◼ lostcoastoutpost.com
Hunsucker said he was asked to drive his sister Sonia Hunsucker and her boyfriend Jackson Surber to the residence to burglarize the home. He was driving a stolen vehicle, a 2006 silver Toyota Tacoma, but didn’t say whether or not he was responsible for the theft of the truck.

Hunsucker was with his girlfriend, Samantha Smoker-Machado, who he said came along for the ride, but did not intend to participate in the burglary.

He said they pulled into the driveway, a short paved entrance way about 20 ft. long that connected to a carport.

“Someone with us said something had been moved, so we started to back out,” he said.

Hunsucker said Sonia and Surber had previously burglarized the same residence and went back with the impression that nobody was home.

“Before I could even hit reverse, I seen people running up behind us,” he said. “I locked my door real fast and yelled at everybody else to lock their doors too.”

Hunsucker said he was having a difficult time keeping the vehicle running and placing it in reverse because a screwdriver was used to start the vehicle when it was stolen....read the rest at the link...

Once they arrived at their friend’s house, Hunsucker contacted a family member, who agreed to drive them to Eureka. Hunsucker claims he did not tell his family what happened, but that they had gotten into a wreck.

However, the following day, once they got news that Hanger had died, Hunsucker’s family member in Eureka asked him to leave. He said he then visited a friend in the area that was a physician and his wounds were cleaned.

Questions about who the doctor is...

◼ TRT Editorial: Hunsucker Should Turn Himself In - tworiverstribune.com
Prior coverage:

◼ Hunsucker Outruns Police Wednesday Night
PRESS RELEASE, Humboldt County Sheriff’s Department

On June 29, 2011, approximately 10:30 p.m. a Humboldt County Sheriffs Deputy and Hoopa Tribal Police Officer were working in the Hoopa Area when they spotted an All Terrain Vehicle (A.T.V.) traveling southbound on State Route 96, North of Hostler Field Housing. The deputy and tribal officer attempted a traffic stop on the All Terrain Vehicle for vehicle code violations. When the deputy and tribal officer caught up to the All Terrain Vehicle they recognized the driver as wanted murder suspect Bruce Stallings-Hunsucker. Stallings–Hunsucker has a one million dollar murder warrant for his arrest out of Humboldt County Superior Court. The warrant is for his involvement in the killing of Darrell Hanger Sr. in Willow Creek.

After the deputy attempted to stop Stallings-Hunsucker using the patrol cars red light and siren, Stallings-Hunsucker fled on the All Terrain Vehicle, running stop signs and driving on the wrong side of the highway. The deputy and tribal police officers pursued Stallings-Hunsucker who periodically would travel on roads and trails in the area attempting to elude the officers. Stallings-Hunsucker was last seen by Hoopa Tribal Police Officers eastbound, about four miles up Big Hill Road, Hoopa, off Highway 96. Stallings-Hunsucker drove his vehicle off the highway where the patrol vehicles could not follow him. The deputy and Tribal Police officers later located Stalling-Hunsuckers All Terrain Vehicle and Helmet in the brush. They searched the area but could not locate him. Additional charges of felony evasion are being sought against Stallings-Hunsucker.

His description is: Bruce Jason Stallings-Hunsucker, also known as Bruce Hunsucker, 36 years old brown hair, brown eyes, five feet ten inches tall, 185 pounds, unknown clothing description

Anyone with information regarding Stallings-Hunsucker is requested to contact the Sheriffs Office immediately, 707-445-7251.

◼ Hunsucker Escapes Deputies on Quad Down River - tworiverstribune.com
◼ Third Suspect in Hanger Homicide Captured*** - tworiverstribune.com
(***comment on that article includes this: Call the Humboldt County District Attorney- Paul Gallegos- and ask him why Sonia Hunsucker was realeased to terroize when she was arrested in connection to a murder in Eureka just last year- (707) 445-7411. The death of Mr. Hanger could have been prevented had the local police been effective in their duties. Please take a stand. Please fight for justice! Jane Doe Weitchpec, CA)
◼ $1 Million Arrest Warrant for Homicide Suspects - tworiverstribune.com
◼ Sheriff’s Searching for Suspects in Weitchpec Robbery

Third suspect arrested in Willow Creek homicide, robbery case; Bruce Stallings-Hunsucker still at large
05/19/2011 - The third of four suspects sought in a Willow Creek homicide investigation was arrested in Eureka on Tuesday, and deputies are continuing to search for the last one. The Eureka Police Department's...

Hunsucker pleads guilty to eluding officers
01/31/2009 - Sonia Hunsucker, a 28-year-old woman from Eureka, pleaded guilty in Humboldt County Superior Court Thursday to the felony charge of eluding an officer....

$1 million warrants out for Willow Creek shooting suspects
05/11/2011 - A Humboldt County judge issued $1 million arrest warrants Tuesday for Samantha Kristen Machado, aka “Samantha Smoker,” 26, and Bruce Jason Stallings-Hunsucker, 36, both of Eureka....

Reward offered for information into homicide
06/08/2011 - The Willow Creek Volunteer Fire Department is offering a $1,000 reward for information leading to the arrest and conviction of a suspect sought in a Willow Creek homicide investigation. Three of the...

Investigation into botched burglary continues; victim remembered as a “wonderful father” and an “upstanding man”
05/07/2011 - An autopsy and toxicity test are scheduled today for Darrell Hanger Sr., the 50-year-old man who was shot and killed in a burglary attempt that went awry at a residence on the 400 block of Sunset...

Humboldt County Sheriff's Office still searching for suspects in Willow Creek homicide; memorial service for Darrell Hanger Sr. set for this Saturday
05/10/2011 - While the Humboldt County Sheriff's Office continues its investigation into a shooting that killed a Willow Creek man last week, the community he served is preparing to honor his life. What...

Murder suspect spotted, remains at large
05/21/2011 - The last outstanding suspect sought in a Willow Creek homicide investigation was spotted by law enforcement Friday, prompting an unsuccessful search by the California Highway Patrol and the Humboldt...

Three wanted after home invasion in Weitchpec
04/12/2011 - The Humboldt County Sheriff's Office is searching for three suspects believed to have been involved in an armed home invasion robbery Sunday night in Weitchpec. At about 8:30 p.m., deputies were...

Eureka woman arrested after high speed chase
01/23/2009 - A high speed chase from Del Norte into Humboldt County ended Thursday with the alleged driver of a stolen vehicle, who reportedly drove the wrong way on Highway 101 in an attempt to evade...

Humboldt County Sheriff's Office still searching for suspects in Willow Creek homicide; memorial service for Darrell Hanger Sr. set for this Saturday

◼ Humboldt County Sheriff's Office still searching for suspects in Willow Creek homicide; memorial service for Darrell Hanger Sr. set for this Saturday

While the Humboldt County Sheriff's Office continues its investigation into a shooting that killed a Willow Creek man last week, the community he served is preparing to honor his life.
What detectives believe was initially going to be the second burglary of a home on the 400 block of Sunset Place took a violent turn last Thursday morning when four people, all armed, came to the house and were met by Darrell Hanger Sr. and his son, Darrell Hanger Jr., both of whom were also armed....

...the extent of the burglary didn't end there, said Willow Creek Community Services District Manager Steve Paine, who saw both Hanger and his son just days before the shooting.

Paine said that the people who came to rob the home were “totally different” than the teenagers that both Hanger Sr. and his son were expecting to find when they decided to spend the night at the house last Wednesday.

”No one had any idea that this was the group that had performed the home invasion,” Paine said, referring to the Weitchpec case. “Obviously, had Darrell or his son known the type of criminal they were dealing with, they would have known their lives were in danger.”

There is a lot of information missing in this story. What type? What is known? If it is known, why are they still operating?

Willow Creek: Investigation into botched burglary continues

◼ victim remembered as a “wonderful father” and an “upstanding man”

An autopsy and toxicity test are scheduled today for Darrell Hanger Sr., the 50-year-old man who was shot and killed in a burglary attempt that went awry...

Humboldt County Sheriff's detectives are continuing an investigation into the incident, which left Hanger's son Darrell Hanger Jr., 25, with serious injuries from a gunshot wound. Four people robbed Hanger Jr.'s home earlier this month, according to sheriff's reports, and returned to the residence shortly after 1 a.m. Thursday to burglarize the home a second time.

They were confronted by Hanger Jr. and Sr., said Sheriff's Lt. Steve Knight, adding that both men decided to arm themselves and spend the night at the home.

”They were fearful enough that they felt if they were going to spend the night, they should be armed,” Knight said, adding that it didn't appear to be a “lying in wait” situation. “We don't believe they (Hanger Jr. and Sr.) had a plan if they showed up.”

Sheriff's detectives, meanwhile, arrested a pair of suspects in the case, said Criminal Investigations Cmdr. Dave Morey, when they were found walking down Patterson Road about a mile from the residence late Thursday afternoon. Sonia Hunsucker, 30, and Jackson Surber, 29, both of Hoopa, were taken into custody and are being held on suspicion of violating their parole.

The sheriff's office is planning to charge both Hunsucker and Surber with murder once detectives complete their investigation, Morey said, adding that new charges could be filed as soon as next week....

Both Hunsucker and Surber are being held without bail on a slew of charges from a separate home invasion incident last April in Weitchpec, in which they reportedly broke into a home on Lake Prairie Road armed with a pistol and an AR-15 assault rifle. They were booked Thursday on suspicion of assault with a firearm, threatening a crime with intent to terrorize, burglary, false imprisonment, shooting at an inhabited dwelling and robbery, charges on which they can be held for up to six months, Morey said.

Homicide in Willow Creek

◼ A Willow Creek man and his father got into a gunfight last night while defending the man’s home from burglars. Both men were shot in the exchange; the father, 50, was killed. - The Journal

The Sheriff's office site has not been updated in a while.
◼ 4/28 is the last date posted at this time

◼ UPDATE: victim remembered as a “wonderful father” and an “upstanding man”