Jeffrey Allan Burgess, 39; Tracey Joleen Williams, 35; and Ruben Anthony Peredia, 32, - charges of first-degree murder. The three have pleaded not guilty....They face life in prison without the possibility of parole.
Burgess will also stand trial for additional special allegations that the murder was committed in the course of an attempted armed robbery and that he discharged a firearm, killing Sanders. He will also face a charge of being a felon in possession of a handgun. He has pleaded not guilty to those charges....
◼ Two suspects in February murder headed to trial
On Monday, Burgess, 39, and Williams, 35, both of Eureka, reaffirmed their not guilty pleas before Humboldt County Superior Court Judge Bruce Watson, and were assured the continued service of public defenders after confirming their incomes had not changed.
Both have been charged with Sanders' murder, while Burgess is also charged with a special allegation of firing the bullet that killed Sanders.
Burgess' trial is set to begin Nov. 30 at 8:30 a.m., with a trial readiness conference scheduled for Sept. 16 at 2 p.m. Codefendant Williams' trial is set for Oct. 19 at 8:30 a.m. with a trial conference scheduled for Oct. 5.
Two other defendants in the shooting -- Ruben Anthony Peredia, 32, of Eureka and Lukus Larry Mace, 31, of Orleans -- have entered into plea deals.
Peredia was sentenced to 13 years, four months, in state prison last week. Mace pleaded guilty to voluntary manslaughter in early August and agreed to testify against his co-defendants. He faces a maximum of six years in prison.
Monday, August 31, 2009
motion to sever
Flores' defense attorney Hugh Gallagher (to) file a motion to sever Flores and Whitmill's cases Aug. 31 at the trial confirmation hearing. The trial date (has been) moved from Aug. 8 to Sept. 21 due to scheduling conflicts and other issues
Sunday, August 30, 2009
Kind of makes you wonder what the Smart Growth progressives have against people living the American Dream
◼ If you like living in the suburbs, having your own little piece of God's green Earth, and being part of the community schools, churches and civic groups, well, too bad because the "Smart Growth" progressives in Congress and the National Reseach Council have a new report that shows how much better things would be if instead you and your family lived in an urban high rise.... Washington Examiner
Of course, Ann Lindsay got that memo a long long time ago, didn't she? Not just the memo. The marching orders.
Of course, Ann Lindsay got that memo a long long time ago, didn't she? Not just the memo. The marching orders.
Saturday, August 29, 2009
Plea Deal in McKinleyville murder case
◼ Suspect pleads in McKinleyville murder case
A second of the four suspects accused of murdering a McKinleyville man in February has reached a plea deal with the Humboldt County District Attorney's Office.
Ruben Anthony Peredia, 32, of Eureka, was sentenced to serve 13 years and four months in state prison Friday, after pleading guilty to charges of voluntary manslaughter and burglary, with a special enhancement for being armed during his role in the shooting death of 30-year-old Ezra Sanders....
In April, four suspects were charged with Sanders' murder: Peredia, Tracey Joleen Williams, 35, of Eureka; Lukus Larry Mace, 31, of Orleans and Jeffrey Allan Burgess, 39, of Eureka. Burgess is also charged with a special allegation of firing the bullet that killed Sanders.
Mace reached a plea deal earlier this month, pleading guilty to a charge of voluntary manslaughter and agreeing to testify against his co-defendants. Deputy District Attorney Ben McLaughlin said Mace faces a maximum of six years in prison if he complies with his part of the deal.
Burgess and Williams have pleaded not guilty, and have been held to stand trial on charges of murder.
Peredia's plea deal will leave him with two strikes on his record, meaning he will serve a minimum of 85 percent of his sentence, according to his attorney Jeffrey (yougofree.com) Schwartz.
”I think there was significant enough evidence that he felt it was too big of a risk for him to go to trial and look at life without parole,” Schwartz said of Peredia's decision to accept the plea deal. “He just had to balance the risk. ... Several witnesses placed him there. When you assess that evidence, it was a risk he didn't want to take.”
But unlike Mace's deal, Schwartz said, Peredia has no obligation to assist the prosecution's case against the remaining defendants.
”He's sentenced, gone and absolutely doesn't have to say one thing to anybody,” Schwartz said....
Williams and Burgess are scheduled to be re-arraigned Monday. Both face life in prison without the possibility of parole.
A second of the four suspects accused of murdering a McKinleyville man in February has reached a plea deal with the Humboldt County District Attorney's Office.
Ruben Anthony Peredia, 32, of Eureka, was sentenced to serve 13 years and four months in state prison Friday, after pleading guilty to charges of voluntary manslaughter and burglary, with a special enhancement for being armed during his role in the shooting death of 30-year-old Ezra Sanders....
In April, four suspects were charged with Sanders' murder: Peredia, Tracey Joleen Williams, 35, of Eureka; Lukus Larry Mace, 31, of Orleans and Jeffrey Allan Burgess, 39, of Eureka. Burgess is also charged with a special allegation of firing the bullet that killed Sanders.
Mace reached a plea deal earlier this month, pleading guilty to a charge of voluntary manslaughter and agreeing to testify against his co-defendants. Deputy District Attorney Ben McLaughlin said Mace faces a maximum of six years in prison if he complies with his part of the deal.
Burgess and Williams have pleaded not guilty, and have been held to stand trial on charges of murder.
Peredia's plea deal will leave him with two strikes on his record, meaning he will serve a minimum of 85 percent of his sentence, according to his attorney Jeffrey (yougofree.com) Schwartz.
”I think there was significant enough evidence that he felt it was too big of a risk for him to go to trial and look at life without parole,” Schwartz said of Peredia's decision to accept the plea deal. “He just had to balance the risk. ... Several witnesses placed him there. When you assess that evidence, it was a risk he didn't want to take.”
But unlike Mace's deal, Schwartz said, Peredia has no obligation to assist the prosecution's case against the remaining defendants.
”He's sentenced, gone and absolutely doesn't have to say one thing to anybody,” Schwartz said....
Williams and Burgess are scheduled to be re-arraigned Monday. Both face life in prison without the possibility of parole.
Plea deal and sentencing Cutten murder case
◼ Second man sentenced in Cutten murder case
A man charged with the 2008 murder of Cutten resident Garrett Benson was sentenced Friday to 50 years to life after an unsuccessful attempt to withdraw his guilty plea.
Jonathan Henry Watson, 30, was sentenced for a charge of first-degree murder with a firearm enhancement, bringing 50 years to life with lifetime parole if he is released. He had accepted the terms as part of a plea deal from Deputy District Attorney Max Cardoza. Last week, Watson contested his plea.
On Monday, Watson attempted to change his plea, stating he was not fully competent due to medications when he pleaded no contest. He also stated that his counsel had not effectively represented him. The court determined there was not enough evidence to warrant separate counsel to review Watson's defense attorney Cathy Dreyfuss.
Judge Bruce Watson also rejected the defendant's request to change his plea Friday.
”I believe Mr. Watson was in full possession of his faculties at the time of his plea,” he said.
A man charged with the 2008 murder of Cutten resident Garrett Benson was sentenced Friday to 50 years to life after an unsuccessful attempt to withdraw his guilty plea.
Jonathan Henry Watson, 30, was sentenced for a charge of first-degree murder with a firearm enhancement, bringing 50 years to life with lifetime parole if he is released. He had accepted the terms as part of a plea deal from Deputy District Attorney Max Cardoza. Last week, Watson contested his plea.
On Monday, Watson attempted to change his plea, stating he was not fully competent due to medications when he pleaded no contest. He also stated that his counsel had not effectively represented him. The court determined there was not enough evidence to warrant separate counsel to review Watson's defense attorney Cathy Dreyfuss.
Judge Bruce Watson also rejected the defendant's request to change his plea Friday.
”I believe Mr. Watson was in full possession of his faculties at the time of his plea,” he said.
Thursday, August 27, 2009
Kidnap Victim Jaycee Lee Dugard FOUND
◼ Jaycee Dugard Found After 18 Years, Kidnap Suspect Allegedly Fathered Her Kids
◼ Kidnapped Jaycee Lee Dugard Found 18 Years Later cbs5.com
Jaycee Lee Dugard, a girl who was kidnapped nearly two decades ago from South Lake Tahoe at age 11, was found alive and well in the East Bay, authorities said Thursday. A registered sex offender from Antioch and his wife were arrested in the kidnap case and officials said the man confessed.
...Lt. Les Lovell of the El Dorado County Sheriff's Office said the case unfolded on Wednesday when the now 29-year-old woman came into the Concord police station with her two alleged captors.
"We are very confident at this point in time that it is her," said Lovell, who described Dugard as being in good health.
Dugard was reunited Thursday afternoon with her mother, Terry Probyn, who was overjoyed to learn that the daughter she feared dead was actually alive and well.
Dugard's stepfather, Carl Probyn, said the news was like winning the lottery.
...Ironically, federal prison officials said Phillip Garrido was on parole for a conviction in another kidnapping case at the time Dugard was taken.
He was convicted of kidnapping in U.S. District Court in Nevada, and in March 1977 was sentenced to 50 years in prison. He was later transferred and paroled in Northern California in 1988, officials said.
The Federal Bureau of Investigation on Thursday collected evidence at the Garridos' gray, one-story home home at 1554 Walnut Avenue in Antioch, which is where authorities indicated Dugard raised her two girls in a tent complex that had been set up in the backyard.
"None of the children have ever been to school, they've never been to a doctor," El Dorado County Undersheriff Fred Kollar said. "They were kept in complete isolation in this compound, if you will."
◼ Kidnap suspect's father: son 'out of his mind'
◼ Kidnapped Jaycee Lee Dugard Found 18 Years Later cbs5.com
Jaycee Lee Dugard, a girl who was kidnapped nearly two decades ago from South Lake Tahoe at age 11, was found alive and well in the East Bay, authorities said Thursday. A registered sex offender from Antioch and his wife were arrested in the kidnap case and officials said the man confessed.
...Lt. Les Lovell of the El Dorado County Sheriff's Office said the case unfolded on Wednesday when the now 29-year-old woman came into the Concord police station with her two alleged captors.
"We are very confident at this point in time that it is her," said Lovell, who described Dugard as being in good health.
Dugard was reunited Thursday afternoon with her mother, Terry Probyn, who was overjoyed to learn that the daughter she feared dead was actually alive and well.
Dugard's stepfather, Carl Probyn, said the news was like winning the lottery.
...Ironically, federal prison officials said Phillip Garrido was on parole for a conviction in another kidnapping case at the time Dugard was taken.
He was convicted of kidnapping in U.S. District Court in Nevada, and in March 1977 was sentenced to 50 years in prison. He was later transferred and paroled in Northern California in 1988, officials said.
The Federal Bureau of Investigation on Thursday collected evidence at the Garridos' gray, one-story home home at 1554 Walnut Avenue in Antioch, which is where authorities indicated Dugard raised her two girls in a tent complex that had been set up in the backyard.
"None of the children have ever been to school, they've never been to a doctor," El Dorado County Undersheriff Fred Kollar said. "They were kept in complete isolation in this compound, if you will."
◼ Kidnap suspect's father: son 'out of his mind'
IRS must divulge taxpayer identity information, filing status, modified adjusted gross income, number of dependents, and "other information
That information will be provided to the new Health Choices Commissioner and state health programs and used to determine who qualifies for "affordability credits."
◼ Democratic Health Care Bill Divulges IRS Tax Data cbsnews
Section 431(a) of the bill says that the IRS must divulge taxpayer identity information, including the filing status, the modified adjusted gross income, the number of dependents, and "other information as is prescribed by" regulation. That information will be provided to the new Health Choices Commissioner and state health programs and used to determine who qualifies for "affordability credits."
Section 245(b)(2)(A) says the IRS must divulge tax return details -- there's no specified limit on what's available or unavailable -- to the Health Choices Commissioner. The purpose, again, is to verify "affordability credits."
Section 1801(a) says that the Social Security Administration can obtain tax return data on anyone who may be eligible for a "low-income prescription drug subsidy" but has not applied for it.
Over at the Institute for Policy Innovation (a free-market think tank and presumably no fan of Obamacare), Tom Giovanetti argues that: "How many thousands of federal employees will have access to your records? The privacy of your health records will be only as good as the most nosy, most dishonest and most malcontented federal employee.... So say good-bye to privacy from the federal government. It was fun while it lasted for 233 years."
...If we're going to have such significant additional government intrusion into our health care system, we will have to draw the privacy line somewhere. Maybe the House Democrats' current bill gets it right. Maybe it doesn't. But this vignette should be reason to be skeptical of claims that a massive and complex bill must be enacted as rapidly as its backers would have you believe.
***
Even our local pot growers have to be concerned – if we are one election away from legalization, and thus taxation for them – look, there is a reason the Tea Party people are demanding answers, and discussion. There is a reason for all the concern. Mike Thompson has been dragged kicking and screaming into having a REAL (not telephony) Town Hall meeting – ask him why he is voting for this bill – and how he feels about these provisions.
◼ Democratic Health Care Bill Divulges IRS Tax Data cbsnews
Section 431(a) of the bill says that the IRS must divulge taxpayer identity information, including the filing status, the modified adjusted gross income, the number of dependents, and "other information as is prescribed by" regulation. That information will be provided to the new Health Choices Commissioner and state health programs and used to determine who qualifies for "affordability credits."
Section 245(b)(2)(A) says the IRS must divulge tax return details -- there's no specified limit on what's available or unavailable -- to the Health Choices Commissioner. The purpose, again, is to verify "affordability credits."
Section 1801(a) says that the Social Security Administration can obtain tax return data on anyone who may be eligible for a "low-income prescription drug subsidy" but has not applied for it.
Over at the Institute for Policy Innovation (a free-market think tank and presumably no fan of Obamacare), Tom Giovanetti argues that: "How many thousands of federal employees will have access to your records? The privacy of your health records will be only as good as the most nosy, most dishonest and most malcontented federal employee.... So say good-bye to privacy from the federal government. It was fun while it lasted for 233 years."
...If we're going to have such significant additional government intrusion into our health care system, we will have to draw the privacy line somewhere. Maybe the House Democrats' current bill gets it right. Maybe it doesn't. But this vignette should be reason to be skeptical of claims that a massive and complex bill must be enacted as rapidly as its backers would have you believe.
***
Even our local pot growers have to be concerned – if we are one election away from legalization, and thus taxation for them – look, there is a reason the Tea Party people are demanding answers, and discussion. There is a reason for all the concern. Mike Thompson has been dragged kicking and screaming into having a REAL (not telephony) Town Hall meeting – ask him why he is voting for this bill – and how he feels about these provisions.
A must read
◼ Kevin L. Hoover's So-Called Thoughts: Lions & tigers & Berg – oh, why? – August 26, 2009
...tribal loyalties, not facts, reason or logic form the basis of people’s decisions – what their friends are doing and who has done them favors in the past....
...tribal loyalties, not facts, reason or logic form the basis of people’s decisions – what their friends are doing and who has done them favors in the past....
Wednesday, August 26, 2009
I missed this one, but good points raised
After the fact we all realize a life could have been saved if repeat offenders had to serve time instead of being let out on the streets. The Whitmill case is one example. Here's another one - no one killed this time - but the question is asked - WHY is this guy still on the streets? And what is wrong at the DA's Office?
◼ Trial and error h/t: The Mirror
◼ Alleged drunken driver runs into power pole, injures two
Two people were injured but a child passenger was unscathed in a collision Friday after the allegedly drunken driver hit a power pole.
Vernon J. Weatherford, 26, of McKinleyville was driving northbound on State Route 255 north of Jackson Ranch Road when he allowed the vehicle to leave the roadway and continue on the grass shoulder, according to a California Highway Patrol press release.
Weatherford was allegedly under the influence of alcohol and lost control of the vehicle, hitting a power pole on the driver's side, according to CHP. Weatherford sustained major injuries to his pelvis, and his passenger Shannon McLaughlin, 29, of Eureka suffered minor injuries. McLaughlin's daughter, Kayla Combs, 4, was restrained in a child safety seat and was uninjured.
All three were taken to Mad River Hospital, with Kayla taken only as a precautionary measure.
Weatherford was transferred to Mercy Medical Center in Redding, according to CHP. He was arrested on suspicion of driving under the influence and causing an injury, felon in possession of a handgun, driving on a suspended license and a DUI with three priors in 10 years.
◼ Torture/False Imprisonment Arrest Humboldt Co. Sheriff record
Weatherford was transported to the Humboldt County Correctional Facility where he was booked for torture, false imprisonment, battery with serious injury, and making threats with the intent to terrorize. His bail has been set at $100,000 and he is expected to be arraigned by Wednesday. back in 2004 (7/12/2004) Gallegos took office in January of 2003.
◼ Trial and error h/t: The Mirror
◼ Alleged drunken driver runs into power pole, injures two
Two people were injured but a child passenger was unscathed in a collision Friday after the allegedly drunken driver hit a power pole.
Vernon J. Weatherford, 26, of McKinleyville was driving northbound on State Route 255 north of Jackson Ranch Road when he allowed the vehicle to leave the roadway and continue on the grass shoulder, according to a California Highway Patrol press release.
Weatherford was allegedly under the influence of alcohol and lost control of the vehicle, hitting a power pole on the driver's side, according to CHP. Weatherford sustained major injuries to his pelvis, and his passenger Shannon McLaughlin, 29, of Eureka suffered minor injuries. McLaughlin's daughter, Kayla Combs, 4, was restrained in a child safety seat and was uninjured.
All three were taken to Mad River Hospital, with Kayla taken only as a precautionary measure.
Weatherford was transferred to Mercy Medical Center in Redding, according to CHP. He was arrested on suspicion of driving under the influence and causing an injury, felon in possession of a handgun, driving on a suspended license and a DUI with three priors in 10 years.
◼ Torture/False Imprisonment Arrest Humboldt Co. Sheriff record
Weatherford was transported to the Humboldt County Correctional Facility where he was booked for torture, false imprisonment, battery with serious injury, and making threats with the intent to terrorize. His bail has been set at $100,000 and he is expected to be arraigned by Wednesday. back in 2004 (7/12/2004) Gallegos took office in January of 2003.
Monday, August 24, 2009
Two Views of the Marijuana Culture and the Children Raised in it
◼ Sunshine and Shadow: Two Views of the Marijuana Culture and the Children Raised in it? RedHeadedBlackbelt - one of Humboldt County's best blogs, always interesting, tackles a tough topic.
◼ humboldtkids.wordpress.com Poignant.
◼ Humboldt Kids
◼ humboldtgrow.wordpress.com
◼ humboldtkids.wordpress.com Poignant.
◼ Humboldt Kids
◼ humboldtgrow.wordpress.com
Saturday, August 22, 2009
One man Jason Leon Belles sentenced for Cutten man's death, other Jonathan Henry Watson contests his plea
◼ One man sentenced for Cutten man's death, other contests his plea
...Jason Leon Belles, 31, and Jonathan Henry Watson, 30, were scheduled to be sentenced after each pleaded no contest to charges related to the death of Benson during a home invasion robbery on Dec. 3, 2008....
Watson initially accepted a plea deal Aug. 11 from Deputy District Attorney Max Cardoza for first-degree murder with a firearm enhancement and an agreed-upon prison term of 50 years to life. On Friday, he contested his previous plea.
...Jason Leon Belles, 31, and Jonathan Henry Watson, 30, were scheduled to be sentenced after each pleaded no contest to charges related to the death of Benson during a home invasion robbery on Dec. 3, 2008....
Watson initially accepted a plea deal Aug. 11 from Deputy District Attorney Max Cardoza for first-degree murder with a firearm enhancement and an agreed-upon prison term of 50 years to life. On Friday, he contested his previous plea.
Woman Marjorie Burgess arrested for allegedly injuring son
It's Mother of the Year Marjorie Burgess. Maybe the Times Standard headline writer is new, and doesn't remember lavishing her with front page stories only a few short years ago. One son dead, and looks like another on his way. But don't worry, she probably has some of his baby pics at the ready.
◼ Woman arrested for allegedly injuring son
A Fields Landing woman was arrested Wednesday for allegedly fighting and injuring her juvenile son.
Margorie Burgess, 42, allegedly struck her son in the face with an iron, hit him in the head with a shot glass and bit him, according to a Humboldt County Sheriff's Office press release.
Deputies responded to a reported physical fight and arrested Burgess. She was booked into Humboldt County jail for one felony count of inflicting unjustifiable pain on a child.
Her bail was set at $50,000.
Margorie Burgess is also the mother of Christopher Burgess, who was shot and killed in 2006 at age 16 during an altercation with a Eureka Police Department officer.
Some kids start life with the deck completely stacked against them. And no way of turning away from the dark side.
◼ Woman arrested for allegedly injuring son
A Fields Landing woman was arrested Wednesday for allegedly fighting and injuring her juvenile son.
Margorie Burgess, 42, allegedly struck her son in the face with an iron, hit him in the head with a shot glass and bit him, according to a Humboldt County Sheriff's Office press release.
Deputies responded to a reported physical fight and arrested Burgess. She was booked into Humboldt County jail for one felony count of inflicting unjustifiable pain on a child.
Her bail was set at $50,000.
Margorie Burgess is also the mother of Christopher Burgess, who was shot and killed in 2006 at age 16 during an altercation with a Eureka Police Department officer.
Some kids start life with the deck completely stacked against them. And no way of turning away from the dark side.
Friday, August 21, 2009
Mexico decriminalizes small-scale drug possession
◼ Mexico decriminalizes small-scale drug possession
MEXICO CITY — Mexico decriminalized small amounts of marijuana, cocaine and heroin on Friday — a move that prosecutors say makes sense even in the midst of the government's grueling battle against drug traffickers....
The maximum amount of marijuana for "personal use" under the new law is 5 grams — the equivalent of about four joints. The limit is a half gram for cocaine, the equivalent of about 4 "lines." For other drugs, the limits are 50 milligrams of heroin, 40 milligrams for methamphetamine and 0.015 milligrams for LSD.
Mexico has emphasized the need to differentiate drug addicts and casual users from the violent traffickers whose turf battles have contributed to the deaths of more than 11,000 people since President Felipe Calderon took office in late 2006.
But one expert saw potential for conflict under the new law.
Javier Oliva, a political scientist at Mexico's National Autonomous University, said the new law posed "a serious contradiction" for the Calderon administration.
"If they decriminalize drugs it could lead the army, which has been given the task of combating this, to say 'What are we doing'?" he said....
MEXICO CITY — Mexico decriminalized small amounts of marijuana, cocaine and heroin on Friday — a move that prosecutors say makes sense even in the midst of the government's grueling battle against drug traffickers....
The maximum amount of marijuana for "personal use" under the new law is 5 grams — the equivalent of about four joints. The limit is a half gram for cocaine, the equivalent of about 4 "lines." For other drugs, the limits are 50 milligrams of heroin, 40 milligrams for methamphetamine and 0.015 milligrams for LSD.
Mexico has emphasized the need to differentiate drug addicts and casual users from the violent traffickers whose turf battles have contributed to the deaths of more than 11,000 people since President Felipe Calderon took office in late 2006.
But one expert saw potential for conflict under the new law.
Javier Oliva, a political scientist at Mexico's National Autonomous University, said the new law posed "a serious contradiction" for the Calderon administration.
"If they decriminalize drugs it could lead the army, which has been given the task of combating this, to say 'What are we doing'?" he said....
Guilty plea planned for Hoopa man in cyclist's death
◼ Guilty plea planned for Hoopa man in cyclist's death
A Hoopa man told the court Thursday that he wanted to plead guilty to the charges against him stemming from a collision that killed a bicyclist last summer -- but he'll have to wait two weeks.
Thursday was set as 27-year-old Alan Bear's pre-trial hearing. His defense attorney Manny Daskal told the court Bear intended to plead guilty. However, because an amended complaint had been filed the court required a second arraignment in two weeks. Bear will be able to plead guilty then.
Bear is accused of vehicular manslaughter without gross negligence, providing false information to a police officer and other traffic violations in connection with the collision that killed 42-year-old bicyclist and local botanist Gregory Jennings on Aug. 25, 2008, according to court documents.
Daskal said Bear was willing to plead guilty after Humboldt County District Attorney Paul Gallegos reduced the vehicle manslaughter charge from a felony to a misdemeanor on July 2.
”We always felt the case was overcharged,” he said.
Gallegos said the charge was reduced because the reporting officer revised his statement on the collision and it did not appear that Bear acted with gross negligence.
”Further investigation proved that it was not gross negligence or at least that we couldn't prove it beyond the shadow of a doubt,” Gallegos said at the preliminary hearing.
The collision that killed Jennings is a tragedy and the case had gone on long enough for the victim's family and friends, and for Bear, Daskal said.
”It's time to get it over with,” he said.
Bear's arraignment is scheduled for Sept. 3.
A Hoopa man told the court Thursday that he wanted to plead guilty to the charges against him stemming from a collision that killed a bicyclist last summer -- but he'll have to wait two weeks.
Thursday was set as 27-year-old Alan Bear's pre-trial hearing. His defense attorney Manny Daskal told the court Bear intended to plead guilty. However, because an amended complaint had been filed the court required a second arraignment in two weeks. Bear will be able to plead guilty then.
Bear is accused of vehicular manslaughter without gross negligence, providing false information to a police officer and other traffic violations in connection with the collision that killed 42-year-old bicyclist and local botanist Gregory Jennings on Aug. 25, 2008, according to court documents.
Daskal said Bear was willing to plead guilty after Humboldt County District Attorney Paul Gallegos reduced the vehicle manslaughter charge from a felony to a misdemeanor on July 2.
”We always felt the case was overcharged,” he said.
Gallegos said the charge was reduced because the reporting officer revised his statement on the collision and it did not appear that Bear acted with gross negligence.
”Further investigation proved that it was not gross negligence or at least that we couldn't prove it beyond the shadow of a doubt,” Gallegos said at the preliminary hearing.
The collision that killed Jennings is a tragedy and the case had gone on long enough for the victim's family and friends, and for Bear, Daskal said.
”It's time to get it over with,” he said.
Bear's arraignment is scheduled for Sept. 3.
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