Showing posts with label Voluntary Manslaughter. Show all posts
Showing posts with label Voluntary Manslaughter. Show all posts

Wednesday, June 24, 2015

Chef’s family scorns DA ‘betrayals’

This tale, so oft repeated over Gallegos' tenure, is particularly clear, and this time got some press. So many families have said as much over the years. Sometimes with heartbreaking poignancy, and were ignored.

READ IT.

Chef’s family scorns DA ‘betrayals’ - Paul Mann/Mad River Union

Relatives laud (DDA) Rees - Paul Mann/Mad River Union

Juan Joseph Ferrer raw - Kevin Hoover/Mad River Union
Ferrer's probation report contains a wealth of detail on the case. Union reporter Paul Mann will have a deep dive on this and related stories. Meanwhile, click ◼ here for the raw Ferrer file.

Monday, June 15, 2015

The End: 12 years, Voodoo Dolls, no remorse, and resounding commentary on Paul Gallegos' treatment of the victim's family.

From the family's statement, via John Chiv's post:
The family of Douglas would like to publicly thank DDA Roger Rees and DA Maggie Fleming for thier compassion and commitment to pursuing this case and obtaining justice for Douglas. They have restored our faith in the justice system which was badly damaged under the administration of Paul Gallegos.

Hopefully now the healing can begin.
"The victim just happened to be my brother, it could have just as easily been anyone else", Doug Anderson's family express safety concerns for Humboldt County and Arcata citizens - John Chiv/Words Worth June 15, 2015

THIS MATTERS - JERRY BROWN, PAY ATTENTION. The victim's family read their statement today, as reported by John Chiv at the link above:
Don's wife, Patty Anderson was the last to read. In her own letter, she spoke very eloquently and powerfully about the anguish the family went through with the defense smearing the name of Doug in the past year and a half, how former DA Paul Gallegos hid facts from them, would not communicate with them, tried to railroad them into accepting the plea deal he wanted to offer and how he refused to give them current DA Maggie Fleming's contact information.

"I tried very hard to find forgiveness," she said. "I found forgiveness elusive." Citing the former prosecutor and DA Paul Gallegos who she singled out in scathing words, the defense smears and the complete lack of remorse by Juan Ferrer as reasons.

Patty Anderson talked about the "irreparable damage" done to "Doug's reputation" by the "resulting publicity in the Humboldt County DA's election." And she added, "No thanks to Paul Gallegos who argued against us in court."

She mentioned delay after delay or Paul Gallegos not offering them any explaination. All this has been detailed in my coverage last year when Paul Gallegos prosecuted the case. Patty Anderson said she found out about Nicholas Stoiber's and Sophie Rocheleau's plea deal in the media, not from Paul Gallegos.
That same refrain has played out over and over and over throughout Paul Gallegos' tenure as DA of Humboldt County. There have been complaints filed with the Attorney General, in hopes that something would be done, and nothing ever was. Any complaint was deemed 'political' and shelved.

It is a tragedy to see it yet again. The pain behind those tales, you need to pay attention, and not reward this man with any steps up the ladder. Not even on a pot board. ESPECIALLY NOT AS A JUDGE!

Juan Ferrer made a voodoo doll to try and control the trial and after being convicted, was caught saying even after he "fucking killed" the victim Humboldt County gave him voluntary manslaughter instead of murder - John Chiv/Words Worth June 15, 2015
In one of the phone recordings he said he had no remorse for killing Doug and that he did not know how he would display remorse when probation would interview him. He said even though he "fucking killed" the victim, Humboldt County gave him voluntary manslaughter instead of murder.

In these recordings he said he described a voodoo doll he drew of DDA Roger Rees, drew pins on it and then covered it with his own blood he got from testing his blood sugar so he could control the outcome of the trial.
Instead of expressing remorse, Ferrer makes his statement all about himself - John Chiv/Words Worth June 15, 2015
As he was being led away in cuffs, he turned to his family and said, "I'll be all right, I'll appeal and win."
Juan Ferrer sentenced to maximum term of 12 years - John Chiv/Words Worth Jun 15, 2015
Judge John Feeney sentenced Ferrer to the maximum term of 11 years for voluntary manslaughter plus 1 year for special allegation of using a weapon.

The term is consecutive and Ferrer will be on parole/post supervision release for 3 years after his release.
Ferrer sentenced to 12 years in prison - Paul Mann/Mad River Union June 15, 2015
Jurors dealt with a considerable lack of evidence: the murder weapon was missing and there were no usable blood samples, impartial eyewitnesses to the stabbing or surveillance videos of the physical encounter.

Monday, May 18, 2015

GUILTY.

Former DA Candidate: Arcata Homicide Verdict Brings Accountability - Grant Scott-Goforth/The Journal
It was a rare Arcata homicide, and also became a sticking point in the 2014 District Attorney race, after candidate and then-prosecutor Elan Firpo reached an agreement with Ferrer where he would plead to involuntary manslaughter and serve two years in jail.

Opposing candidate Arnie Klein took issue with the plea and, following public debate, a judge tossed the deal. Deputy DA Roger Rees, under the leadership of newly elected DA Maggie Fleming, prosecuted the case in a trial that began this year.

Klein, reached by phone Monday, said he opposed the plea deal because he felt “it robbed the community of its voice and hid the facts.” He denied that his self-described representation of Anderson-Jordet’s family, which led to the dismissal of the plea, was politically motivated, and said “I think the message is: When you take a life in Humboldt County, there has to be some accountability.” KEEP READING
District Attorney Press Release on Juan Ferrer verdict - John Chiv/Words Worth 5/19/15

Doug's family will reserve any further statements until their victim impact statements on June 15, the sentencing date - John Chiv/Words Worth 5/18/15

(UPDATED) Juan Ferrer Found Guilty of Manslaughter for 2013 Stabbing Death of Douglas Anderson-Jordet - Andrew Goff/Lost Coast Outpost (who links to MRU, but not John Chiv, who did the bulk of the coverage of this trial, shame.)

Ferrer guilty of manslaughter (updated with DA press release) - Mad River Union
Ferrer’s companions that night, Sophie Buttercup Rocheleau, 25, and Nicholas Stoiber, 29, Ferrer’s former co-defendants, each pleaded guilty last November to a reduced charge of misdemeanor battery and were sentenced to three years’ probation. They stood accused of striking Anderson-Jordet and piling on while Ferrer produced a knife, which was never found.
Ferrer guilty of manslaughter and special allegation - John Chiv/Words Worth 5/18/15 12:53

For voluntary manslaughter Ferrer can get up maximum 11 years. Lower term 3 and mid term is 6 years. Special allegation is an additional 1 year.

Tuesday, July 08, 2014

Plea deal in the crossbow case.

King sentenced to over 18 years in state prison for crossbow killing - Will Houston/TS
Pleading guilty to the charges of voluntary manslaughter and attempted murder with enhanced allegations of using a crossbow and causing great bodily injury during a July 3 trial confirmation, Phoenix Triton King was sentenced to serve 18 years and four months in state prison. As King's defense attorney, (Humboldt County Conflict Counsel Greg) Elvine-Kreis said the decision to take the plea deal came after he and King compared their evidence with that gathered by the prosecution and determined that theirs was not sufficient to argue a perfect self-defense case.

"What happened is we got an offer for a determinate term," Elvine-Kreis said. "We balanced the evidence of what we had in a perfect self-defense case and determined that this was the better route to take. When you're looking at life in prison, you want to be assured of some things. In the end, we decided to take the offer for an out date when (King's) still somewhat young."
Crazy. Good choice? To plea out? Or not?

Saturday, March 22, 2014

Morrow pleads guilty to Trinidad fatal stabbing

The man accused of fatally stabbing a 24-year-old at a Trinidad RV Park, Larry Morrow, has plead guilty to voluntary manslaughter. - Lashay WesleyKIEM-TV News

On Thursday in court, Morrow plead guilty to one count of voluntary manslaughter. He is accused of stabbing and killing Jessie Ruiz multiple times after a fight between both men. The incident happened at Hidden Creek RV park in Trinidad in January.

Morrow will appear in court for his sentencing on May 1st.

Saturday, February 22, 2014

Élan Firpo: Response Regarding the Ferrer Stabbing Disposition:

Response Regarding the Ferrer Stabbing Disposition:

I understand the community concern about the disposition in the Ferrer case. On its face, a man is killed, and the man that did the killing is sentenced to 4 years in jail, of which he will serve 2 years.

But the facts not previously made available to the public paint a different picture. After reviewing hours of video, talking with independent witnesses and reviewing the autopsy results, discussing the evidence with law enforcement and the family of the victim, it became clear that this was a case of manslaughter – not murder.

The facts would have shown that:

• Mr. Anderson-Jordet, the victim, was inflamed in his demeanor that evening. A bartender would have testified that the Victim was making homophobic statements to other patrons that evening before the incident.

• An independent witness would have testified that she overheard the argument between the parties and that the victim was yelling homophobic, sexist, hateful statements at the defendants.

• Video surveillance showed that the victim was behind the defendants walking down the street, and the victim was overheard to yell at the defendants “I am still behind you”.

• The defendant’s would have testified that the victim approached them in an angry manner and took a swing at them. And that he was a stranger to them, with whom they had no prior quarrel.

• The defense would have brought testimony that the victim was an angry person when he had been drinking, and occasionally used street drugs. The People would have brought testimony that the victim was a hard working man with a good job.

• The autopsy results show that the victim died of one knife wound, at a severe angle, that unfortunately pierced the victim’s heart.

A jury trial in this case would have become a trial of the victim’s character, for the determination of whether this was voluntary or involuntary manslaughter. The People would have had to prove beyond a reasonable doubt that the defendants were NOT defending themselves in a hate crime.

In a best case jury trial scenario, Mr. Ferrer would have been found guilty of voluntary manslaughter. He would have been sentenced to a term of three years in prison (because he has no prior record), of which he would have served 85%, or approximately 2 years and 6 months. A plea agreement was reached to ensure that Mr. Ferrer would serve the maximum term for involuntary manslaughter allowed by law: 4 years, which, owing to the Governor’s Realignment Program, he will serve 2 years in county jail.

In other words, a best-case-scenario result at jury trial would have resulted in an additional 6 months of custody time for Mr. Ferrer.

The family and involved law enforcement officers were consulted before a plea was made. We agreed, after careful consideration of the evidence and the law, that this was the best disposition for the case. It doesn’t bring back Mr. Anderson-Jordet, and nobody is “happy” about this disposition.

Some decisions are not universally popular. It is the job of the District Attorney’s office to make tough decisions based entirely on the facts that can be proven beyond a reasonable doubt to all twelve jurors. That is what I did here. I’m not proud of this disposition, and it doesn’t feel like justice to the victim’s family or myself. Unfortunately, it is the reality of the situation under the law.

The family of Mr. Anderson-Jordet have reviewed this letter, and are disappointed that it had to be written. They had hoped to avoid exactly this public forum discussion. Unfortunately, my opponents, who are long on rhetoric and short on facts, have attempted to take advantage of this unfortunate case to their political advantage.
__________________

Firpo Responds To Concerns About Ferrer Disposition - Mad River Union
Elan Firpo responds to concerns about Ferrer disposition - John Chiv/Words Worth
Firpo Responds to Plea Deal Critics - Thadeus Greenson/the Journal

Monday, May 14, 2012

Bigleggins pleads in child murder case

Under a plea agreement reached with the district attorney's office and accepted by Humboldt County Superior Court Judge Timothy Cissna this afternoon, Leon Alyious Bigleggins pleaded guilty to manslaughter and felony child abuse charges in a deal that will see him sentenced to 18 years and four months in prison at a hearing next month. - Times-Standard

Arrested after the July 2010 death of 4-year-old Dylan Blount-Chambers, Bigleggins was preparing to stand trial on a murder charge that carried a potential sentence of 25 years to life in prison, if he was convicted. A training mixed-martial arts fighter, Bigleggins was the boyfriend of Dylan's grandmother and one of the boy's primary caregivers. Preliminary hearing testimony indicated he would discipline Dylan by whipping him with a broken clothes hanger, kicking him in the chest and forcing him to do squats and sit ups in the trailer they lived in on a property near Blue Lake.