Monday, March 29, 2010
Friday, March 26, 2010
Daniel Mintz article on Allison Jackson
Allison Jackson: ‘The community deserves something better’
In this week's Arcata Eye, McKinleyville Press and Garberville's The Independent
In this week's Arcata Eye, McKinleyville Press and Garberville's The Independent
Two strikes - SECOND Peterson trial ends with deadlocked jury
◼ Fortuna High School teacher sex trial ends with deadlocked jury
Deputy District Attorney Maggie Fleming said she will discuss whether to try Peterson again with District Attorney Paul Gallegos. Their decision will be made by the next court date on April 13.
...the vote on the first charge was five to five with two undecided, and the vote on the second was five for guilty, six for not guilty and one undecided.
”There were story inconsistencies from every single witness,” Frye said.
“There were some in the jury who had a hard time believing anything they (the witnesses) were saying.”...
The jury in the first trial, held last August, found Peterson not guilty of a charge of oral copulation with a minor, while the jury could not reach a verdict on the two charges she was retried on.
Deputy District Attorney Maggie Fleming said she will discuss whether to try Peterson again with District Attorney Paul Gallegos. Their decision will be made by the next court date on April 13.
...the vote on the first charge was five to five with two undecided, and the vote on the second was five for guilty, six for not guilty and one undecided.
”There were story inconsistencies from every single witness,” Frye said.
“There were some in the jury who had a hard time believing anything they (the witnesses) were saying.”...
The jury in the first trial, held last August, found Peterson not guilty of a charge of oral copulation with a minor, while the jury could not reach a verdict on the two charges she was retried on.
A flurry of press releases out of the D.A.'s Office all of a sudden
FOR IMMEDIATE RELEASE
March 26, 2010
CONTACT: District Attorney, Paul Gallegos
PHONE: (707)268-2568
On March 25, 2010, a jury convicted Richard Lee Sovereign, Jr., 54, of possession of methamphetamine for sale. The bifurcated portion of the trial concluded on March 26, 2010, at which time the Honorable Dale A. Reinholtsen found to be true alleged special allegations relating to Mr. Sovereign's 2003 convictions for transportation of methamphetamine and possession of methamphetamine for sale. Sentencing is set for April 22, 2010, at which time Mr. Sovereign faces up to nine years in prison, six years of which are mandatory, due to the prior convictions.
***
Date: March 26, 2010 9:58:57 AM PDT
Subject: Press Conference today, Friday, 3/25 @ 1:00PM
You are all invited to a Press Conference at our D.A.’s Law Library, 825 5th St., 4th Floor, with regards to the Chad Larsen case.
Thank you.
***
FOR IMMEDIATE RELEASE
March 26, 2010
CONTACT: District Attorney, Paul Gallegos
PHONE: (707)268-2554
CHAD ANDREW LARSEN
District Attorney Paul Gallegos announced today that Chad Andrew Larsen, age 30, from Fortuna, was found guilty of Conspiring to Commit Murder and Solicitation for Murder, after a 6 week jury trial before the Honorable Timothy Cissna in the Superior Court of Humboldt County.
Chad Andrew Larsen was on probation for having unlawful intercourse with a minor when he committed new felony offenses of the same nature. While the new case was pending, Chad Andrew Larsen began plotting the death of the juvenile victim to prevent her from testifying against him. Larsen began recruiting other inmates to help him have the victim killed. One of those inmates contacted the District Attorney's office when released from custody.
◼ Fortuna man found guilty of soliciting teenage girl's murder
March 26, 2010
CONTACT: District Attorney, Paul Gallegos
PHONE: (707)268-2568
On March 25, 2010, a jury convicted Richard Lee Sovereign, Jr., 54, of possession of methamphetamine for sale. The bifurcated portion of the trial concluded on March 26, 2010, at which time the Honorable Dale A. Reinholtsen found to be true alleged special allegations relating to Mr. Sovereign's 2003 convictions for transportation of methamphetamine and possession of methamphetamine for sale. Sentencing is set for April 22, 2010, at which time Mr. Sovereign faces up to nine years in prison, six years of which are mandatory, due to the prior convictions.
***
Date: March 26, 2010 9:58:57 AM PDT
Subject: Press Conference today, Friday, 3/25 @ 1:00PM
You are all invited to a Press Conference at our D.A.’s Law Library, 825 5th St., 4th Floor, with regards to the Chad Larsen case.
Thank you.
***
FOR IMMEDIATE RELEASE
March 26, 2010
CONTACT: District Attorney, Paul Gallegos
PHONE: (707)268-2554
CHAD ANDREW LARSEN
District Attorney Paul Gallegos announced today that Chad Andrew Larsen, age 30, from Fortuna, was found guilty of Conspiring to Commit Murder and Solicitation for Murder, after a 6 week jury trial before the Honorable Timothy Cissna in the Superior Court of Humboldt County.
Chad Andrew Larsen was on probation for having unlawful intercourse with a minor when he committed new felony offenses of the same nature. While the new case was pending, Chad Andrew Larsen began plotting the death of the juvenile victim to prevent her from testifying against him. Larsen began recruiting other inmates to help him have the victim killed. One of those inmates contacted the District Attorney's office when released from custody.
◼ Fortuna man found guilty of soliciting teenage girl's murder
Thursday, March 25, 2010
Deja Vu all over again
From: Redwood Progressive rs@richardsalzman.com
Date: March 24, 2010 X:XX:XX PM PDT
To: Redwood Progressive Subscriber
Subject: Gallegos wish list
Reply-To: " Redwood Progressive " rs@richardsalzman.com
__
Help the Gallegos Campaign, contribute what you can, stuff and/or time.
Our wish Lists -
blah blah blah
2) Volunteer Needs:
blah blah blah
asking for money
blah blah blah
--
Natalynne DeLapp
Campaign Manager
Citizens for District Attorney Paul Gallegos 2010
Natalynned@VotePaul.org
www.VotePaul.org
--
To subscribe to this list, go to:
http://www.ourhumboldt.org/ cgi-bin/ dada/ mail.cgi/ list/ progressive/blahblahblah.com
The following information is a reminder of your current mailing list subscription:
You are subscribed to the following list: Redwood Progressive
You may automatically unsubscribe from this list at any time by visiting the following URL:
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You may also change your subscription by visiting this list's main screen:
http://ourhumboldt.org/blahblahblah
If you're still having trouble, please contact the list owner at:
mailto:rs@richardsalzman.com
If you appreciate these emails your financial support would be helpful. You can donate by credit card on a secure webpage at:
http://www.ourhumboldt.org/blahblahblah
or www.ourhumboldt.org (sendmeyourmoney.org) (feelohsomuchbetteraboutyourself.com) and click on "Make a donation"
or send a donations to AEB (That would be the OH-SO-ETHICAL-ALLIANCE-FOR-OH-SO-ETHICAL-BUSINESS aka "R.Trent" Salzman.)
1751 Charles Ave Arcata, CA 95521
How many org names and email addresses can you count? How many pleas for money? For Gallegos. For Salzman himself. What a racket.
Date: March 24, 2010 X:XX:XX PM PDT
To: Redwood Progressive Subscriber
Subject: Gallegos wish list
Reply-To: " Redwood Progressive " rs@richardsalzman.com
__
Help the Gallegos Campaign, contribute what you can, stuff and/or time.
Our wish Lists -
blah blah blah
2) Volunteer Needs:
blah blah blah
asking for money
blah blah blah
--
Natalynne DeLapp
Campaign Manager
Citizens for District Attorney Paul Gallegos 2010
Natalynned@VotePaul.org
www.VotePaul.org
--
To subscribe to this list, go to:
http://www.ourhumboldt.org/ cgi-bin/ dada/ mail.cgi/ list/ progressive/blahblahblah.com
The following information is a reminder of your current mailing list subscription:
You are subscribed to the following list: Redwood Progressive
You may automatically unsubscribe from this list at any time by visiting the following URL:
http://ourhumboldt.org/blahblahblah
You may also change your subscription by visiting this list's main screen:
http://ourhumboldt.org/blahblahblah
If you're still having trouble, please contact the list owner at:
mailto:rs@richardsalzman.com
If you appreciate these emails your financial support would be helpful. You can donate by credit card on a secure webpage at:
http://www.ourhumboldt.org/blahblahblah
or www.ourhumboldt.org (sendmeyourmoney.org) (feelohsomuchbetteraboutyourself.com) and click on "Make a donation"
or send a donations to AEB (That would be the OH-SO-ETHICAL-ALLIANCE-FOR-OH-SO-ETHICAL-BUSINESS aka "R.Trent" Salzman.)
1751 Charles Ave Arcata, CA 95521
How many org names and email addresses can you count? How many pleas for money? For Gallegos. For Salzman himself. What a racket.
Wednesday, March 24, 2010
Disclosapalooza -
◼ The Journal has campaign filings posted -
Weirdness abounds in the District Attorney race. Incumbent Paul Gallegos is the fundraising champion in this period, with $27,093 taken in — however, $20,000 of that was from a loan from a David Gallegos of Weston, Fla. David G. also chipped in a $5,000 donation. Gallegos also appears to be outsourcing his campaign — the physical address for his campaign committee is a West Hollywood office apparently belonging to a political consultancy called “ml Associates.” Meanwhile, the da candidate with the least name recognition — former prosecutor Kathleen Bryson — has, according to her disclosure forms, apparently accomplished the very unusual trick of raising $8,450 in increments of less than $100 while taking in only $300 in donations above that amount. Bryson has also loaned her campaign $5,000. Fellow challengers Paul Hagen ($10,347 raised) and Allison Jackson ($13,674) are close to neck and neck, though Hagen got there with the help of $7,400 in loans from himself and his campaign treasurer, Eureka conservationist Maggie Herbelin.
◼ link to Journal article upcoming
◼ Money flows into local races in Humboldt County
◼ http://www.mlassociates.org/
MLA's expertise in accounting has helped political and non-profit clients overcome obstacles to success...
◼ http://www.mlassociates.org/aboutus.html
ML Associates is a trusted professional organization which provides high quality professional financial services to non-profit and political organizations and tax preparation services for individuals, businesses and non-profits. We currently manage over $1M in client assets and are a proud member of the California Political Treasurers’ Association,...
ML Associates was founded in 2004 by Steven Mele. Mr. Mele served as the Financial Officer for several for-profit small to medium sized companies from 1996 to 2001 when he began providing independent non-profit accounting and political treasury services.
◼ http://www.mlassociates.org/contactus.php
Office Location:
8265 Sunset Blvd., Suite 204
West Hollywood, CA 90046
Mailing Address:
8581 Santa Monica Blvd., #504
West Hollywood, CA 90069
Phone: 323-654-2387
Fax: 323-395-0519
◼ Money Speaks, Humboldt County Elections
◼ The $$$ Blitz: Propping Up Candidates
Weirdness abounds in the District Attorney race. Incumbent Paul Gallegos is the fundraising champion in this period, with $27,093 taken in — however, $20,000 of that was from a loan from a David Gallegos of Weston, Fla. David G. also chipped in a $5,000 donation. Gallegos also appears to be outsourcing his campaign — the physical address for his campaign committee is a West Hollywood office apparently belonging to a political consultancy called “ml Associates.” Meanwhile, the da candidate with the least name recognition — former prosecutor Kathleen Bryson — has, according to her disclosure forms, apparently accomplished the very unusual trick of raising $8,450 in increments of less than $100 while taking in only $300 in donations above that amount. Bryson has also loaned her campaign $5,000. Fellow challengers Paul Hagen ($10,347 raised) and Allison Jackson ($13,674) are close to neck and neck, though Hagen got there with the help of $7,400 in loans from himself and his campaign treasurer, Eureka conservationist Maggie Herbelin.
◼ link to Journal article upcoming
◼ Money flows into local races in Humboldt County
◼ http://www.mlassociates.org/
MLA's expertise in accounting has helped political and non-profit clients overcome obstacles to success...
◼ http://www.mlassociates.org/aboutus.html
ML Associates is a trusted professional organization which provides high quality professional financial services to non-profit and political organizations and tax preparation services for individuals, businesses and non-profits. We currently manage over $1M in client assets and are a proud member of the California Political Treasurers’ Association,...
ML Associates was founded in 2004 by Steven Mele. Mr. Mele served as the Financial Officer for several for-profit small to medium sized companies from 1996 to 2001 when he began providing independent non-profit accounting and political treasury services.
◼ http://www.mlassociates.org/contactus.php
Office Location:
8265 Sunset Blvd., Suite 204
West Hollywood, CA 90046
Mailing Address:
8581 Santa Monica Blvd., #504
West Hollywood, CA 90069
Phone: 323-654-2387
Fax: 323-395-0519
◼ Money Speaks, Humboldt County Elections
◼ The $$$ Blitz: Propping Up Candidates
Tuesday, March 23, 2010
The Mirror hits the bigtime
◼ Media Boogeyman: If Activists Scare You Away from Fish Oil, They Save the Fishes! Breitbart
...What might a real journalist do – one who wasn’t obviously biased towards Eco-Activists? For starters, take another look at who actually is named in the lawsuit: the largest producers of oil supplements. Why? Try to harm the biggest retailers and manufacturers and you harm the majority of the industry’s sales. Where’s the reporting on this angle? Non-existent.
How about the angle that only ten supplements were tested by the plaintiffs out of the hundreds on the market? Why hasn’t any reporter asked about the testing methods? What methods were used? What standards did they conform to?
Who exactly is the plaintiff – Mateel Environmental Justice Foundation? At least we have some intrepid bloggers who investigated exactly the kind of shady outfit Mateel is – one that makes profits from frivolous lawsuit settlements on the backs on the working people of America. As the Humboldt Mirror blog points out:
Mateel settled 39 lawsuits in 2008 for over $1.7 million….but it’s not just warning labels, product reformulations and excessive attorneys fees that Mateel is after. Through Prop. 65 lawsuit settlements, Mateel also pilfered … “other distributions” that was handed over to other environmental groups.
Oh, now the fact that the largest (read: deepest pockets) in the supplement industry got sued makes a little more sense, doesn’t it?
How’s that for real reporting?
Go back and look at all those articles you just Googled. Did any mainstream media outlet cover Mateel’s strategy? If you said “no”, then you win a pitchfork to help shove the PCB Boogeyman back in his closet.
The title is wrong, though - they don't save the fishes, they rake in the big bucks.
...What might a real journalist do – one who wasn’t obviously biased towards Eco-Activists? For starters, take another look at who actually is named in the lawsuit: the largest producers of oil supplements. Why? Try to harm the biggest retailers and manufacturers and you harm the majority of the industry’s sales. Where’s the reporting on this angle? Non-existent.
How about the angle that only ten supplements were tested by the plaintiffs out of the hundreds on the market? Why hasn’t any reporter asked about the testing methods? What methods were used? What standards did they conform to?
Who exactly is the plaintiff – Mateel Environmental Justice Foundation? At least we have some intrepid bloggers who investigated exactly the kind of shady outfit Mateel is – one that makes profits from frivolous lawsuit settlements on the backs on the working people of America. As the Humboldt Mirror blog points out:
Mateel settled 39 lawsuits in 2008 for over $1.7 million….but it’s not just warning labels, product reformulations and excessive attorneys fees that Mateel is after. Through Prop. 65 lawsuit settlements, Mateel also pilfered … “other distributions” that was handed over to other environmental groups.
Oh, now the fact that the largest (read: deepest pockets) in the supplement industry got sued makes a little more sense, doesn’t it?
How’s that for real reporting?
Go back and look at all those articles you just Googled. Did any mainstream media outlet cover Mateel’s strategy? If you said “no”, then you win a pitchfork to help shove the PCB Boogeyman back in his closet.
The title is wrong, though - they don't save the fishes, they rake in the big bucks.
Monday, March 22, 2010
The Cap'n on the D.A.'s race
◼ ALLISON JACKSON: The Right Choice for District Attorney - Eureka Now!
◼ Ryan Hurley endorses Allison Jackson - SoHumParlance II
◼ Ryan Hurley endorses Allison Jackson - SoHumParlance II
Sunday, March 21, 2010
He (Kris Coon) credited the officers involved with saving his life.
Saturday, March 20, 2010
the Peterson retrial
It is an interesting contrast that Gallegos decided to retry THIS case and NOT RETRY David Gabriel (SEQUOIA) Barger.
Yet another example of the schizophrenic nature of Gallegos prosecutions.
◼ Jury deliberates on Fortuna High student-teacher sex case
◼ Closing arguments begin in trial of Fortuna teacher Deirdre Peterson
◼ Fortuna teacher's second trial sees victim take stand
◼ Fortuna teacher's second trial set to begin today
◼ Peterson pleads not guilty
◼ Jury hung in Peterson case
Normally when a jury returns without a verdict, the judge sends them back into deliberations, but “the jury said they were hopelessly deadlocked,” Gallegos said.
Although the jury didn't rule in his favor, Gallegos said he was pleased that they weren't convinced by Peterson's defense.
...(alternate juror) Aronovici isn't convinced the next jury can reach a verdict if the case is retried.
”I think another jury's going to have the same problem,” he said.
◼ Peterson case delayed for more potential witnesses
◼ Peterson surrenders, released on bail
◼ Peterson pleads not guilty at arraignment
◼ Accused teacher's fate now in the hands of jurors
◼ Trial starts for former Fortuna teacher
◼ Fortuna teacher's retrial underway with jury selection
◼ Accused teacher still on mandatory leave
◼ Jurors to evaluate teen's testimony to court, police
◼ Fortuna teacher's trial date confirmed
◼ Judge hears evidence of sex abuse in Fortuna High School teacher case
◼ Accused teacher's case in DA's hands
◼ Fortuna High teacher charged
◼ Fortuna High School teacher facing felony charge
Yet another example of the schizophrenic nature of Gallegos prosecutions.
◼ Jury deliberates on Fortuna High student-teacher sex case
◼ Closing arguments begin in trial of Fortuna teacher Deirdre Peterson
◼ Fortuna teacher's second trial sees victim take stand
◼ Fortuna teacher's second trial set to begin today
◼ Peterson pleads not guilty
◼ Jury hung in Peterson case
Normally when a jury returns without a verdict, the judge sends them back into deliberations, but “the jury said they were hopelessly deadlocked,” Gallegos said.
Although the jury didn't rule in his favor, Gallegos said he was pleased that they weren't convinced by Peterson's defense.
...(alternate juror) Aronovici isn't convinced the next jury can reach a verdict if the case is retried.
”I think another jury's going to have the same problem,” he said.
◼ Peterson case delayed for more potential witnesses
◼ Peterson surrenders, released on bail
◼ Peterson pleads not guilty at arraignment
◼ Accused teacher's fate now in the hands of jurors
◼ Trial starts for former Fortuna teacher
◼ Fortuna teacher's retrial underway with jury selection
◼ Accused teacher still on mandatory leave
◼ Jurors to evaluate teen's testimony to court, police
◼ Fortuna teacher's trial date confirmed
◼ Judge hears evidence of sex abuse in Fortuna High School teacher case
◼ Accused teacher's case in DA's hands
◼ Fortuna High teacher charged
◼ Fortuna High School teacher facing felony charge
Friday, March 19, 2010
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
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.
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.
Wednesday, March 17, 2010
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