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.

Press Release Re: Ferrer Case

From Allan Dollison:

Allan Dollison, candidate for Humboldt County District Attorney is opposed to the plea deal of Involuntary Manslaughter given out to Juan Joseph Ferrer, by DA Candidate Elan Firpo. He was charged with Murder of Douglas Allen Anderson-Jordet, after stabbing the victim in the heart.

Firpo was quoted as saying, “In hearing the evidence, it was three strangers that got into a fight that went horribly wrong,” Firpo said. “(Ferrer) didn’t seek to kill Mr. Jordet.” It appears and court records confirmed that the case never even went to preliminary hearing, much less a trial so no evidence was in fact ever “heard.”

According to media reports, the following facts were shown:

1) A verbal argument escalated into a physical fight, wherein the Murder victim was violently punched by Mr. Ferrer’s Co-Defendant, which led to his teeth splitting his upper lip.

2) At some point, Mr. Ferrer then took a knife out and stabbed Mr. Anderson-Jordet.

3) Mr. Ferrer with his two friends then fled the scene, to leave Mr. Anderson-Jordet to die in the street, which he did.

4) The knife was never recovered

This by no means was self-defense. Involuntary Manslaughter is typically called an accidental killing. There was no accident, when Mr. Ferrer used a knife to stab the victim. That was Murder. Intent to kill or cause great bodily injury is obviously malice, the legal standard for Murder, not Involuntary Manslaughter. Fleeing the scene shows consciousness of guilt, a factor for the Jury.

If it is true that the victim consumed Alcohol, that is not relevant, it is not a defense to murder. You can’t just kill people just because they’ve consumed Alcohol. A pre-trial motion would have kept that from the jury as well as the basis of the verbal argument. This was Murder and should NOT have been plead down to Involuntary Manslaughter. Due to changes in sentencing laws, Defendant Ferrer cannot go to Prison. Any time must be served in County Jail.

In short, “Given these facts I would never have allowed such a plea deal. Although I have pointed out the dangerously low staffing levels are a huge problem, this plea deal rests on a misconception of Murder and the law. I have taken Murder cases to trial. Ms. Firpo has not.” Dollison stated. The DA’s Press release left out the Judge and the Defense Counsel. Mr. Ferrer was represented by Deputy Conflict Counsel Marek Reavis. The Judge is the Hon. Joyce Hinrichs.
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Added (From Allan Dollison): This is a case of local public importance. The owner of the restaurant (Abruzzi Ristorante') where the murder victim worked will be my guest at my MOAA meeting, this Saturday. He did not agree with the plea bargain in this case, and he is a former Marine.

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◼ DA Candidate Dollison Speaks Out Against Ferrer Plea Deal - Mad River Union

◼ Ferrer Gets Two Years Jail For Killing A Man: UPDATED 2.18.14 with edits & additional information - Kevin Hoover/Mad River Union

The aftermath
While two years jail may strike some as a light sentence for killing someone, Firpo said Anderson-Jordet’s family are satisifed with the outcome, as is she.

According to Firpo, the family wasn’t interested in the matter going to trial, where the victim’s behavioral excesses would be publicized and scrutinized in detail. While normally a reserved individual, she said, “there was evidence from several sources that when he was intoxicated, his personality shifted,” Firpo said. “The family wanted disposition so as not to go through a trial.”

However, a message left at the Mad River Union by a caller identifying herself as Anderson-Jordet’s older sister disputed that claim, saying it was “totally inappropriate.” She asserted that none of the family was satisfied with the verdict. The caller could not be contacted for further comment.

...Stoiber and Rocheleau are free on personal recognizance. Sentencing is set for April 3.

Ferrer is represented by Deputy Conflict Counsel Marek Reavis.

Wortman gets six years in prison for son's death; leaves plea in place in methamphetamine breast milk case

◼ Mom gets six years in prison for son's death; Wortman leaves plea in place in methamphetamine breast milk case - Times-Standard

A 27-year-old Loleta woman was sentenced to six years in state prison on Monday after pleading guilty to voluntary manslaughter stemming from the death of her infant son.

The conviction -- which was in doubt up until Maggie Jean Wortman agreed to leave her guilty plea in place on Monday -- is the state's first for voluntary manslaughter in a case where a woman stood accused of passing a lethal dose of methamphetamine to her child through breast milk while nursing.

Wortman's attorney M.C. Bruce pleaded with Humboldt County Superior Court Judge Bruce Watson to be lenient with his client, saying a grant of probation would be appropriate in the case as Wortman is a sober woman who bears little resemblance to the methamphetamine addict taken into custody.

Watson said he felt the matter warranted a prison commitment, saying it could be argued that the maximum 11-year sentence would be more appropriate, primarily because of the vulnerability of the victim in the case....

Wortman pleaded guilty to voluntary manslaughter in February, but did so under the impression she was eligible to receive a grant of probation in the case. Under the California Penal Code, however, Wortman is statutorily ineligible for probation in the case because she committed the manslaughter offense -- which classifies as a violent felony -- while already on felony probation stemming from a May 2010 conviction for maintaining a drug house.

...”I'm asking the court not to punish her because of her addictions,” Bruce said, adding that Wortman has already suffered enough. “This lady has suffered the death of her child -- that's the most horrible thing any of us could ever suffer. No matter what this court does, that is something that is never going to go away for Maggie.”

Bruce went on to argue that a prison sentence would destroy the progress Wortman has made in the more than one year she has been in jail, during which she has been clean, taken classes and undergone psychiatric counseling.

”If this court sends her to prison for six years, we're going to lose her,” Bruce said. “We all know the prisons are full of drugs, and that's a long time to sit with nothing to do. ... If we sentence her to prison for six years, we're throwing her away.”

Prosecuting Deputy District Attorney Ben McLaughlin said no one is disputing that Wortman has suffered in the wake of her son's death. But, McLaughlin said, he doesn't see Wortman's case as being any different than that of the alcoholic who gets behind the wheel of a car and causes a fatal collision.

”We're not punishing the addict,” McLaughlin told the court. “What we're doing here, your honor, is punishing the conduct.”...

Sentencing postponed in meth breast milk case; defendant may have been misinformed by her attorney, the court

◼ Sentencing postponed in meth breast milk case; defendant may have been misinformed by her attorney, the court - TS

The sentencing of a Loleta woman for voluntary manslaughter stemming from the death of her infant son was postponed for two weeks in order to give her time to decide whether she wants to vacate her plea.

Maggie Jean Wortman, 27, stands accused of killing her 6-week-old son, Michael Phillip Acosta III, by passing him a lethal dose of methamphetamine through her breast milk while nursing. She pleaded guilty to the manslaughter charge last month. However, Wortman entered into the plea agreement under the impression she could be sentenced to probation in the case -- a sentence for which it appears she is statutorily ineligible.

On Monday, Humboldt County Superior Court Judge Bruce Watson granted a defense motion seeking to postpone Wortman's sentencing hearing by two weeks, allowing Wortman and her attorney M.C. Bruce to determine whether she is probation eligible and, if not, whether she wants to retract her guilty plea.

Bruce said that in its pre-sentencing report in the case, the Humboldt County Probation Department advised that Wortman faces a mandatory prison sentence. Bruce disagrees, but he doesn't dispute the issue is in question under the California Penal Code Section 1203(k), which states that defendants are ineligible for probation in a case where they are convicted of committing a violent felony while already on felony probation.

When she was accused of inadvertently killing her son by nursing him after smoking methamphetamine in November 2010,

Wortman was on felony probation from a May 2010 conviction for maintaining a drug house. Voluntary manslaughter is considered a “violent felony” under section 667.5 of the penal code, which would seem to indicate Wortman is ineligible for probation and leaves her facing a mandatory term ranging from three years and eight months to 11 years and eight months in prison.

Bruce doesn't dispute that reading of the law but maintains his client is eligible for probation.

Maggie Jean Wortman's manslaughter case dates pushed back UPDATE: Charges dismissed

◼ Dates pushed back in manslaughter breast milk case

Maggie Jean Wortman has pleaded not guilty to charges of involuntary manslaughter and felony child endangerment. Prosecutors allege that Wortman passed a lethal dose of methamphetamine to her 6-week-old son while breastfeeding, resulting in his Nov. 2 death from methamphetamine toxicity.

...After Wortman's attorney asked for 30 additional days to consult a defense expert, she was asked to reappear in court April 18, at which point the court will set future appearance dates in the case.

No mention of who the defense attorney is or who the prosecutor is - a nice high profile case like this, it ought to be Paul himself, no?

UPDATE: ◼ Judge dismisses murder charge against Loleta woman - Thadeus Greenson/Times Standard

A Humboldt County judge has dismissed the murder charge facing a Loleta mother accused of killing her baby with methamphetamine-laced breast milk last year.

In a ruling filed Wednesday, Humboldt County Superior Court Judge Bruce Watson threw out the murder charge against Maggie Jean Wortman, 27, finding that no evidence was presented at the case's preliminary hearing to establish that Wortman knew she was endangering her infant son's life when she breastfed him after allegedly smoking methamphetamine.

Maggie Jean Wortman due in court today UPDATE: Charges dismissed

◼ Documents shed light on manslaughter case; mother accused of killing infant son with methamphetamine-laced breast milk due in court today
A 26-year-old Loleta mother facing allegations that she killed her 6-week-old son by feeding him methamphetamine-laced breast milk tested positive for the drug during pregnancy, according to court documents in the case.

Maggie Jean Wortman has pleaded not guilty to charges of involuntary manslaughter and felony child endangerment and is scheduled to appear in Humboldt County Superior Court today for a hearing to set future court dates in the case.

Humboldt County Sheriff's Office detectives arrested Wortman after a two-month investigation into the death of her son, Michael Phillip Acosta III...

Court records also indicate that Wortman has previously faced criminal charges relating to her care of children.

In February 2010, Wortman was charged with battery, causing or permitting cruelty to a child and committing an immoral act before a child stemming from an incident when she allegedly attacked her husband, Michael Acosta. According to the court documents, Wortman was holding an infant child while repeatedly hitting Acosta in the neck. Responding officers reported finding a “clear glass tube pipe” on the kitchen table of Wortman's residence, according to the court documents.

In May, Wortman pleaded guilty to battery, and the other charges facing her were dismissed. She was ordered to enter a 52-week domestic violence counseling program and given three years probation, according to the documents.

Those interviewed by the Times-Standard who knew Wortman and her family said they suffer great guilt that they didn't try to do more to protect Wortman's children and to have them removed from her care.


And again, who is the spokesperson for the DA's Office? Not the DA.

In the past:
◼ So, what DOES donating 10 Grand to Paul Gallegos get you?
The tribe and its attorney Michael Acosta, former big Gallegos donors.

So what will happen to the charges this time?

UPDATE: ◼ Judge dismisses murder charge against Loleta woman - Thadeus Greenson/Times Standard

A Humboldt County judge has dismissed the murder charge facing a Loleta mother accused of killing her baby with methamphetamine-laced breast milk last year.

In a ruling filed Wednesday, Humboldt County Superior Court Judge Bruce Watson threw out the murder charge against Maggie Jean Wortman, 27, finding that no evidence was presented at the case's preliminary hearing to establish that Wortman knew she was endangering her infant son's life when she breastfed him after allegedly smoking methamphetamine.

Paul Gallegos' DA's Office on FOX news online - HOPE THEY'RE PAYING ATTENTION.

◼ Not guilty plea in CA meth-laced breastmilk death Jan 26, 2011 7:32 PM EST
A Northern California woman has pleaded not guilty to killing her 6-week-old baby by feeding him methamphetamine-laced breast milk.

Prosecutors say 26-year-old Maggie Jean Wortman of Loleta used methamphetamine and passed it to her two children while breast-feeding.

Detectives arrested Wortman last week after a two-month investigation found her son died in November due to "methamphetamine toxicity."

Wortman entered her plea Tuesday in Humboldt County Superior Court. She is charged with involuntary manslaughter and two counts of felony child endangerment.

The Times-Standard of Eureka reports that authorities placed Wortman's 19-month-old daughter in protective custody after she tested positive for methamphetamine.

Wortman faces a maximum prison sentence of nine years if convicted on all counts.
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◼ Information from: Times-Standard, http://www.times-standard.com

◼ Loleta mom pleads not guilty to manslaughter charge; mother allegedly passed lethal dose of meth to infant son through breast milk

Gallegos hits the big time.