Tuesday, February 11, 2014

HCSO Seeks Lance Andrew Borgner and Christina Ann Higgins IN CUSTODY


HCSO Seek Suspects in Pepper Spray-Fueled K-Mart Parking Lot Confrontation - Andrew Goff/Lost Coast Outpost

Humboldt County Sheriff’s Office press release:

On 02/10/14 at approximately 1:20 p.m. a male victim and his girlfriend were in their vehicle in the parking lot of the Kmart store in Mckinleyville. They were approached by a male subject who they recognized as Lance Andrew Borgner, who pointed a can of bear pepper spray at the male victim through the car window and demanded money. The victim told the suspect he did not have any money. Fearing she was going to be pepper sprayed, the female victim exited the car and saw a female who she recognized as Christina Ann Higgins approaching. The female victim quickly got back into the car, located the keys and placed them into the ignition. The male victim continued to tell Borgner that he had no money, but stated that if Borgner followed them to the bank he would withdraw some and give it to him. Borgner then directed Higgins to get into the car with the victims. As Higgins opened the passenger door to get inside, the male victim accelerated and sped away.

...Borgner and Higgins got into their vehicle and chased the victims to the area of Giuntoli Lane in Arcata, where Borgner rammed the victim’s vehicle causing it to leave the roadway. The victim vehicle then re-entered the roadway and drove to the Arcata Police Department with Borgner and Higgins still following. Borgner’s vehicle was last seen pulling into the parking lot of Spotlight Video in Arcata.

Suspect and Vehicle information is as follows:

Lance Andrew Borgner, DOB 10/31/89. White male, 6’ tall, 190 lbs., brown hair, hazel eyes. He has tattoos on his neck chest and shoulder.

Christina Ann Higgins, DOB 09/01/89. White female, 5‘7” tall, 140 lbs., brown hair, hazel eyes.
The suspect vehicle is a white late 1980’s Chevrolet Silverado pickup truck, unknown license plate.

Anyone with information regarding this case or related criminal activity is encouraged to call the Sheriff’s Office at 707-445-7251 or the Sheriff’s Office Crime Tip line at 707-268-2539.

Authorities release attempted robbery suspects' photos - Times-Standard

Lance Borgner now sought by EPD and Sheriff - John Chiv/Words Worth

EPD requests public's help in locating Humboldt's most wanted - Times-Standard

Borgner is on active CDC parole for burglary as well as on local summary probation for vandalism and possession of drug paraphernalia. He is presently wanted on two felony warrants for parole violation and 20001(a) VC (hit and run with injury), as well as two misdemeanor warrants for driving with a suspended license and vandalism. Additionally, Borgner is now wanted by EPD on fresh charges of felony reckless evading of a peace officer and felony hit and run with injury among other offenses.

Higgins is not wanted by EPD at this time in connection with this particular pursuit.

More on ‘Humboldt’s Most Wanted’ Couple - Andrew Goff/Lost Coast Outpost

UPDATE: ◼ Lance Borgner and Christina Higgins in custody - John Chiv/Words Worth

They were staying in a motel on South Broadway.
__________________

Humboldt's "Most Wanted" couple "his and hers" bail set: $260,000/$110,000. - Times-Standard

Monday, February 10, 2014

Another Cruz Waiver?

Rhett August, Tree's alleged victim, released on cruz waiver on his own court case - John Chiv/Words Worth

Rhett August, who was allegedly shot by Bodhi Tree, has a court case of his own. EPD was responding to a domestic violence call and found meth. August changed his plea today to guilty. His case has been referred to probation for a pre-sentencing report.

August was released to his mother on a cruz waiver and is expected to enter a dual diagnosis treatment progtam. His defense attorney is Ben McLaughlin and prosecuting for the people is Elan Firpo.

Paul Gallegos answers my questions on Cruz waivers - John Chiv/Words Worth

I (John) asked Paul the following question: A post I did generated some interest in what the current policy is on Cruz waivers? When did it change because in Nov 2012, the office was opposing Cruz waivers? And who makes the decision to oppose or not to oppose? You or the Deputy DA prosecuting the case.

Despite the courthouse being closed today, Paul responded very promptly.

(Read) his response in its entirety (at the link)
__________________

A Cruz waiver is a plea agreement., in which a defendant agrees that should she or he fail to appear at sentencing, a greater term can be imposed by the sentencing court. Defendant must be fully advised of, and waive, right to withdraw plea under Penal Code section 1192.7.

This is solely a DA thing.

__________________

◼ FLASHBACK: Another plea deal, more death
◼ FLASHBACK: District attorney's office opposing Cruz waivers following hit-and-run, homicide case; Experts: Move could harm ability to get pleas

District Attorney Paul Gallegos has asked his prosecutors to oppose all Cruz waivers after a man released on one in August became a person of interest in an Old Arcata Road hit-and-run and a Hoopa homicide in September.

Legal experts said the move could harm the office's ability to secure plea deals and limit the option for people in custody who have legitimate reasons to request one.

A Cruz waiver is part of a plea deal, usually requested by a defendant in custody or a defense attorney, that releases the defendant prior to sentencing. A prosecutor can oppose the waiver, but the decision to release a defendant is ultimately up to a judge....

Gallegos said the policy is temporary while his office prepares a permanent stance on the waivers.

”All I told my staff is we will oppose all releases until we have had a chance to assess and develop a policy,” Gallegos wrote in an email.

Following the incident, Gallegos said he didn't question Deputy District Attorney Zachary Curtis' decision not to oppose Warren's Cruz waiver.

”It was the right decision for that time,” Gallegos told the Times-Standard last month. “With the benefit of hindsight, I wish to God we had opposed it, and I wish the judge hadn't released him.”

...Golden Gate University law professor Peter Keane said the blanket policy is fairly typical when negative attention comes to a prosecutor's office.

”I think it's not a surprising political response on the prosecutor's office where they feel they got burned by having released him,” Keane said.

He said “hard and fast” rules typically make way for more flexibility over time.

”No absolute policy lasts very long,” Keane said.
__________________

APPARENTLY NOT.

Wonder if he ever did 'assess and develop a policy.'

Now - this time - the guy being let out is a victim. But this is no innocent victim. Most likely nothing bad will come of this, this time. just like it wasn't very likely that anything bad would come of letting Warren go. Just another routine plea deal. Right.

Maggie's event at Azalea Hall


link

electmaggiefleming.comEndorsementsNewsDonate

Saturday, February 08, 2014

Virginia's in


Virginia Bass re-election announcement - John Chiv/Words Worth (image source)
Virgina Bass for 4th District Supervisor Kick Off! - Samoa Softball (Richard)
link - SoHum Parlance (Eric)

Note:

I'll be posting notices for all candidates' events, press coverage, etc. can't guarantee I catch them all, so if I miss something, let me know. Pics are welcome too.

Meet Arnie Klein at the 8th annual Reigning Cats and Dogs Gala Affair

I'll be going to the ◼ 8th annual Reigning Cats and Dogs Gala Affair on Saturday in #Eureka to support the Sequoia Humane Society. How about you?

Arnie Klein for Humboldt County District Attorney 2014

Fleming Fundraiser in McKinleyville

Sunday, February 9, 2014. 6:00pm until 8:00pm
Azalea Hall in McKinleyville
Silent Auction and spaghetti dinner including salad, bread, desserts non-alcoholic drinks, beer, wine - $25 per person, $40 per couple, kids under 12 are free. - Please RSVP to Judy Bennett, judybennett82@gmail.com or 707.986.8518
Maggie Fleming for District Attorney

Tree's double murder trial set for March 24; defense withdrew time waiver Friday

The trial for a man accused of murdering a teenage girl and the man who was apparently trying to defend her was set Friday for March 24. - Lorna Rodriguez/The Times-Standard

Bodhi Tree is accused in the shooting deaths of Alan “Sunshine” Marcet and Christina Schwarz at an Eye Street house in Arcata last May 18, and for reportedly shooting Rhett August in Eureka last May 15. August survived. Tree faces 50 years to life in prison if convicted....

Humboldt County District Attorney Paul Gallegos said the timeline of proceeding to trial is set by the defendant.

”It's always tough on victims, it's always tough on the community, when these things get protracted,” Gallegos said. “But the defendant does have the right ... although we all have differing opinions on how much time it takes to be prepared, it's important to understand we're all invested. Everyone who is prosecuted gets all the protections of the law.”

...Judge Dale Reinholtsen presiding. Elan Firpo, prosecutor. Attorney for Tree, Heidi Holmquist.... - John Chiv/Words Worth

Monday, February 03, 2014

Opening salvo

Prees Release from Firpo campaign - John Chiv/Words Worth

For Immediate Release:

Contact: Jaison Chand firpoda@gmail.com

Elan Firpo welcomes Maggie Fleming to the race for the office of District Attorney for Humboldt County. Maggie was a part-time employee of the District Attorney when Elan came to the office five years ago, and there was a two year overlap before Maggie left. Elan knows Maggie to be a competent trial attorney and looks forward to debating Maggie on the complex issues a District Attorney faces, especially about the management of the office.

Elan Firpo, the one candidate running for Humboldt County District Attorney who is currently a prosecutor, is currently handling 4 murder cases and over 200 felonies. Elan is familiar with a heavy workload and time pressure. She spent 10 years as a design engineer (Graduate, Cal Poly), when she was responsible for teams of 15 to 50 employees, and she has overseen manufacturing facilities with more than 3000 workers. Elan Firpo is experienced hiring and firing, setting and meeting budgets, and assuring quality control.

In fact, Elan Firpo is the only candidate in the race with significant management accomplishments. Some have none at all. No wonder Elan Firpo is heavily supported by a business community that understands Elan will bring private sector innovation and efficiency to an office sorely in need.
__________________

◼ Then there's this: Deputy Sheriff's endorsement for Maggie - confirmed - John Chiv/Words Worth
Humboldt Deputies Back Flemming - Fred's Humboldt Blog