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LAKEPORT, Calif. – District Attorney Don Anderson has released a report on a January officer-involved shooting that found the officer was justified in his actions.

The Jan. 24 shooting involved Clearlake Police Officer Jared Nixon, who shot at a Honda Accord that accelerated at him while he was investigating stolen vehicle cases.

No one was arrested in the case, which still remains under investigation, and Anderson’s report said it’s unknown if anyone in the car was hit.

Although no deaths or injuries have so far been reported, Anderson investigated the incident under the auspices of the county’s 2016 Law Enforcement Fatal Incident Protocol, he said.

“In this matter, it is the findings of the Lake County District Attorney's Office that the officer had been assaulted with a deadly weapon, namely the Honda Accord. The officer believed the driver of the vehicle would inflict serious bodily injury on him or death. The officer's fear that he would suffer great bodily harm or death, was reasonable in both his state of mind and in fact,” Anderson’s report said.

Anderson’s report said that Officer Nixon was walking along the east side of Oregon Avenue in Clearlake when he heard a red 1992 Honda Accord start up. It then backed out of an area surrounded by bushes and onto Oregon Avenue. The driver steered the car in the direction of NIxon, who held up his hand in a gesture to get the vehicle to stop.

The vehicle accelerated toward Nixon, who had no place to get to safety. “Officer Nixon could see the driver looking directly at him and turning the vehicle in his direction in an attempt to hit him. The vehicle accelerated with the tires spinning and breaking traction. It was obvious to the officer that the driver of the vehicle was trying to hit him,” according to Anderson’s report.

Anderson said Nixon fired a total of eight rounds from his Glock .40-caliber semiautomatic firearm. “It was later determined that one round entered the vehicle driver’s side bumper, three round entered the vehicle’s hood and three round entered the front windshield.”

Nixon jumped into the bushes and the Honda continued west on Oregon Avenue. Anderson said the vehicle was found abandoned later that day on Sonoma Way, approximately one mile from the shooting scene. No suspects were located in the area.

He said the Honda later was towed to the District Attorney’s Office vehicle storage area and processed for evidence by the California Department of Justice.

Anderson said Nixon’s testimony during the investigation was consistent with his activated body camera, some witnesses located near the area, physical evidence located at the scene and evidence observed on the vehicle.

No arrests have been made in the case, which Anderson said is still being investigated.

“It is the finding of this office that actions of Officer Jared Anthony Nixon were justified in that he was acting in self defense,” Anderson concluded.

Anderson’s full report is published below.

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it.. Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.


INTRODUCTION

On January 24, 2018, Clearlake Police Officer Jared Anthony Nixon was investigating a series of stolen vehicles in the Clearlake Park area, at about 11:48 AM he located a stolen vehicle with two occupants in it. The occupants drove the vehicle back and aligned it with the officer. The occupants accelerated at a high rate of speed towards the officer. The officer fired 8 rounds from his service firearm at the vehicle. The vehicle continued at a high rate of speed as the officer dove into the bushes. It has not been determined if anyone in the vehicle was hit from the officer’s rounds.

It is the finding of this office that actions of Officer Jared Anthony Nixon were justified in that he was acting in self defense.

PROCEDURES

Pursuant to the Lake County Law Enforcement Fatal Incident Protocol of 2016, the Lake County District Attorney Investigation Division conducted an independent investigation into the incident. Also, an internal investigation into the incident was conducted by the administration at Clear Lake Police Department.

This report and findings are conducted pursuant to California State law and the Lake County Law Enforcement Fatal Incident Protocol of 2016.

FACTS

Prior to the incident on January 24, 2018 the area of Clearlake Park commonly known as the “Gobbie Desert” was a high crime rate area. Commonly this area is used to steal and/or strip stolen vehicles.

On January 21, 2018, a 1992 Honda Accord, California license 3MIC421 was stolen from the area of 3812 Old Highway 53. In Clearlake. The victim had no suspects who could have taken the vehicle.

On January 24, 2018, in the late morning hours Officer Jared Anthony Nixon was patrolling the area of the “Gobbie Desert” with the intent of locating stolen vehicles. He had earlier spotted two individuals in the area and was watching their actions.

Officer Nixon abandon his patrol vehicle and went on foot in the remote area of Oregon and Mint Street in Clearlake. The roads in this immediate area are very narrow and covered with trees and brush. It is possible, but not easily passable by vehicles.

Officer Nixon was walking along the east side of Oregon Ave. when he heard a vehicle start up. This vehicle, a red 1992 Honda Accord backed out of an area surrounded by bushes and onto Oregon Ave., with the front of the vehicle facing Officer Nixon. The Honda started forward as Officer Nixon held up his hand in a gesture to get the vehicle to stop.

The vehicle continued to accelerate directly towards Officer Nixon and turned its wheels towards the officer. Officer Nixon started to flee west away from the vehicle; however, because of the speed of the vehicle and the closeness of the trees and shrub he had no place to get to safety.

Officer Nixon could see the driver looking directly at him and turning the vehicle in his direction in an attempt to hit him. The vehicle accelerated with the tires spinning and breaking traction. It was obvious to the officer that the driver of the vehicle was trying to hit him.

In an effort to divert the drive/vehicle from him or distract the driver, Officer fired a total of 8 rounds from his Glock .40 cal. Semi-automatic firearm. It was later determined that one round entered the vehicle driver’s side bumper, three round entered the vehicle’s hood and three round entered the front windshield.

The officer was finally able to leap to safety by jumping in some bushes. No round hit the side or back of the vehicle, indicating the Officer did not fire any further rounds once his immediate safety was secured. The red Honda Accord continued west on Oregon Ave. where the officer lost sight of it.

Early that afternoon the vehicle was located abandon on Sonoma Way approximately one mile from the shooting scene. There were no suspects located in the area. The vehicle was later towed to the District Attorney’s vehicle storage area and processed for evidence by the California Department of Justice.

No arrests have been made at this time; however, the case is still being investigated.

The testimony given by Officer Nixon during the investigation was consistent with his activated body camera, some witnesses located near the area, physical evidence located at the scene and evidence observed on the vehicle.

LEGAL ANALYSIS

Although this case is not a homicide, the relevant statutory law and case decisions are best defined in homicide cases. Therefore, the legal analysis below will be as though this was an incident involving a death. The relevant California statutory and case law regarding this matter is set forth below.

California Penal Code Section 197 states in part:

“Homicide is also justifiable when committed by any person in any of the following cases:

1. When resisting any attempt to murder any person, or to commit a felony, or to do some great bodily injury upon any person; or,…
3. When committed in the lawful defense of such person, or of a wife or husband, parent, child, master, mistress, or servant of such person, when there is reasonable ground to apprehend a design to commit a felony or to do some great bodily injury, and imminent danger of such design being accomplished; but such person, or the person in whose behalf the defense was made, if he was the assailant or engaged in mutual combat, must really and in good faith have endeavored to decline any further struggle before the homicide was committed; or,…”

The test for determining justifiable homicide is apparent necessity, i.e., an honest and reasonable belief in the apparent peril and the need for self defense is enough. The means used, whether deadly or nondeadly force, must be reasonable under the circumstances. In People v. Sonier (1952) 113 Cal.App.2d 277, 278 the court held “The justification of self defense requires a double showing: that defendant was actually in fear of his life or serious bodily injury and that the conduct of the other party was such as to produce that state of mind in a reasonable person.”

California Penal Code Section 196 (Justifiable homicide by public officers) states:

“Homicide is justifiable when committed by public officers and those acting by their command in their aid and assistance, either—

1. In obedience to any judgment of a competent court; or,
2. When necessarily committed in overcoming actual resistance to the execution of some legal process, or in the discharge of any other legal duty; or,
3. When necessarily committed in retaking felons who have been rescued or have escaped, or when necessarily committed in arresting persons charged with felony, and who are fleeing from justice or resisting such arrest.”

In Munoz v. City of Union City (2004) 120 Cal.App.4th 1077, 1102, the court said officers “may use reasonable force to make an arrest, prevent escape or overcome resistance, and need not desist in the face of resistance.” “Unlike private citizens, police officers act under color of law to protect the public interest. They are charged with acting affirmatively and using force as part of their duties, because “the right to make an arrest or investigatory stop necessarily carries with it the right to use some degree of physical coercion or threat thereof to affect it.” Munoz, supra at p. 1109. “‘[Police officers] are, in short, not similarly situated to the ordinary battery defendant and need not be treated the [17] same. In these cases, then, “… the defendant police officer is in the exercise of the privilege of protecting the public peace and order [and] he is entitled to the even greater use of force than might be in the same circumstances required for self-defense.

In California, "a police officer who kills someone has committed a justifiable homicide if the homicide was 'necessarily committed in overcoming actual resistance to the execution of some legal process, or in the discharge of any other legal duty.'" The test for whether homicide was justifiable is "whether the circumstances 'reasonably create[d] a fear of death or serious bodily harm to the officer or to another.'" Kortum v. Alkire (1977) 69 Cal.App.3d 325, 333.

The court held “The test for determining whether a homicide was justifiable under Penal Code section 196 is whether the circumstances ‘reasonably create[d] a fear of death or serious bodily harm to the officer or to another.” Munoz v. City of Union City supra at p. 340 and Brown v. Ransweiler, 171 Cal. App. 4th 516, 533.

In Thompson v. County of Los Angeles (2006) 142 Cal.App.4th 154, 165 the court held that "Courts must apply the reasonableness standard objectively, viewing the facts from the perspective of the officer at the time of the incident and not with the benefit of hindsight . Graham v. Connor (1989) 490 U.S. 386, 394 and Martinez v. County of Los Angeles supra at p.343.

In this matter, Officer Nixon was on duty and acting in his official peace officer capacities when he was investigating suspicious activity and criminal conduct in the area. He came upon two men fleeing in a stolen vehicle. The driver attempted to run the officer over with the vehicle which could have caused serious injury of death to the officer.

The officer was in genuine fear for his safety and based on all evidence, such belief was reasonable under the circumstances. It does not appear that in weighing all facts of this case the officer had a less potentially dangerous alternative than the action he took.

FINDINGS

In this matter, it is the findings of the Lake County District Attorney's Office that the officer had been assaulted with a deadly weapon, namely the Honda Accord. The officer believed the drive of the vehicle would inflict serious bodily injury on him or death. The officer's fear that he would suffer great bodily harm or death, was reasonable in both his state of mind and in fact.

It is therefore my finding that the conduct of Officer Jared Anthony Nixon was justified.


Don A. Anderson
Lake County District Attorney

LAKEPORT, Calif. – A Clearlake Park man is now serving a 90-years-to-life sentence in state prison for shooting and injuring a family friend and killing her fiance.

Judge Andrew Blum handed down the sentence last month to Javier Martinez Cachu, 22, during a hearing in which the family of the man who died, Luis Pimentel Arroyo, gave emotional testimony about the impact of the murder.

Earlier this year, Martinez Cachu reached an agreement with the District Attorney’s Office that led to him pleading guilty on Jan. 26 to the first-degree murder of Pimentel Arroyo and the attempted murder of Pimentel Arroyo’s fiancee, Evalia Prado, on Dec. 30, 2015, as Lake County News has reported.

Blum sentenced Martinez Cachu on those counts as well as special allegations of use of a firearm, which totaled the 90-years-to-life sentence.

District Attorney Don Anderson told Lake County News that someone who is under the age of 25 at the time of the crime – even one as serious as a homicide – may be eligible for parole, which was a reason for the plea agreement.

Tracy Gatlin, Martinez Cachu’s defense attorney, said the plea agreement was the right thing to do.

“At the end of the day, my client killed Mr. Pimentel,” she said, adding that she wasn’t excusing Martinez Cachu’s behavior.

Gatlin said the governor signed the new law into effect that offers the parole opportunity based on the scientific evidence that shows that the brains of people from age 16 to 22 are still developing. “They’re not children but they’re not fully adults.”

She said she was exceedingly grateful to Anderson and to Deputy District Attorney Daniel Flesch for agreeing to the case disposition. “I know it was against the wishes of the family.”

Gatlin credited Martinez Cachu’s first attorney, Barry Melton, for getting the death penalty taken off the table in the case, and for informing her of the new law about parole for young offenders. When Melton retired, she took over.

The District Attorney’s Office said the case motivation involved drugs and insurance money. Prado and Pimentel Arroyo lost their Middletown home in the September 2015 Valley fire.

Flesch told Lake County News that the investigation found that Prado received proceeds from an insurance claim for a home she owned that burned during the Valley fire and entrusted them to Martinez Cachu.

The District Attorney’s Office has reported the amount of money as $40,000, but Prado told Lake County News that it was closer to $100,000.

Martinez Cachu used the money to buy marijuana to sell, but after he was reportedly robbed, Martinez Cachu couldn’t pay Prado back, the District Attorney’s Office said.

A report from Anderson on the case said that Martinez Cachu intended to kill the couple so he wouldn’t have to pay back the money.

Flesch said that Pimentel Arroyo was driving a vehicle with Prado and that they were lured to a remote location on Butts Canyon Road in Middletown on the night of Dec. 30, 2015.

There, Martinez Cachu met them with a shotgun, opening fire on the driver’s side first, killing Pimentel Arroyo, before going to the passenger side and firing at Prado, Flesch said.

Prado had some residual spray from the shotgun, but nothing life-threatening, he said.

Following the shooting, Martinez Cachu fled the scene in another vehicle before his family took him to the Clearlake Police Department about two hours later to turn himself in.

“They walked him into the police station to confess to the crime,” Gatlin said of Martinez Cachu’s family. “They tried to do the right thing.”

Gatlin said that, at the time of Martinez Cachu’s arrest, cocaine was found on him, and he may have been under the influence.

At the jail, he informed staff that he was afraid for his family’s life, and asked that they be protected, Gatlin said.

“At the end of the day, this was a function of marijuana sales at an insane level,” said Gatlin, adding that Martinez Cachu “got caught up in the game.”

Anderson said Martinez Cachu has shown no remorse for the killing. However, Gatlin said he is deeply regretful.

A longtime relationship

Prado told Lake County News that she had been friends for about 20 years with Martinez Cachu’s mother, Maria. They had become so close that they had co-signed for each other in home purchases.

Prado said that was the case with the home she had in Middletown that burned in the Valley fire. The insurance money for that home went to Maria Martinez; Prado said Martinez was supposed to give the money to her son in order to have him deliver it to Prado. But Prado said she never got the funds, which she estimated totaled $100,000.

She said he told her that he had used part of the money to purchase marijuana and was robbed of it. He also purchased an SUV that his family still has with the rest of the funds.

When Martinez Cachu said he couldn’t pay her back, Prado said she wasn’t shocked. While her fiance wanted to fight with Martinez Cachu, she said she had told Martinez Cachu they would work it out.

Prado, who has a landscaping business, said Martinez Cachu came to them with a job prospect in the Middletown area. He said he had an address for a man who wanted them to come and do work for him.

On the night of the shooting, Prado said she and Pimentel Arroyo followed Martinez Cachu to a location on Butts Canyon Road and then parked. “We were waiting because supposedly he couldn’t find the address.”

They were sitting in their vehicle, with her fiance on the phone and Prado writing things down when, Prado explained, “I thought we were hit by a car.”

It wasn’t a vehicle. Rather, it was Martinez Cachu shooting into the driver’s side of the vehicle, killing Pimentel Arroyo. He then walked around to Prado’s side of the vehicle and shot again.

Prado said she was struck by shotgun pellets, resulting in blood all over her face. “He thought I was dead and then he took off.”

After Martinez Cachu left, Prado said she got out of the vehicle, tried to wave down a car and called Maria Martinez about what had occurred.

She said law enforcement responded and would take her to the hospital.

At about the same time, she got a call from Konocti Harbor, where he had been staying, asking if Martinez Cachu could go into her room.

She stayed overnight at the hospital. Eventually she would have 10 of the shotgun pellets removed, but she still has two, including one close to her eye that can’t be removed and one by her brain.

Prado said she can handle the pain. “The fear is the worst of everything.”

She said she’s received blame from her fiance’s family, and retaliation from Martinez Cachu’s, who went to the insurance company to accuse her of fraud, which she’s had to fight.

“I have done nothing wrong,” she said.

She maintains that the situation had nothing to do with drugs. She denied allegations made by Martinez Cachu’s family and attorney that she was a drug dealer and said she hadn’t threatened Martinez Cachu, who she said “could have just left.”

“They’re gonna say what they want to say,” she said, adding, “the reality is, it wasn’t about drugs.”

Likewise, Flesch told Lake County News, “It has been alleged by the defense that Prado is a big time dope dealer and that she may have set this whole thing up. There is zero evidence to suggest that she set any of this up.”

He said he was aware that Prado had previously been contacted by the sheriff’s office and was suspected of growing marijuana. Prado denies she was.

An emotional sentencing

At the April 3 sentencing, Pimentel Arroyo’s family sat on one side of the gallery, Martinez Cachu’s on the other.

Prado was not in attendance. She said it would have upset her too much.

Flesch called it “probably the hardest and most emotional sentencings that I have sat through.”

Family members brought with them a wooden urn containing Pimentel Arroyo’s ashes. Several gave statements to the court about the impact of his murder on their lives. As his sister-in-law, Laura Pimentel, gave her emotional statement, the urn sat before her on the witness stand.

Martinez Cachu’s brothers and mother also made statements to the court.

His older brother, Miguel, said he took his brother to the Clearlake Police Department after the shootings because he knew he had done something wrong. He said his family was sad over the shooting.

“It’s not an easy thing to go through to lose a brother, a son, an uncle,” he said. “I truly believe my brother is remorseful.”

Family also promised to support and encourage Martinez Cachu while he serves his prison term.

His mother, speaking through an interpreter, said to Pimentel Arroyo’s family, “I want to give my condolences to the family. We are very sorry.”

She said Pimentel Arroyo was a good man, as is her son, who she said also is a good father and hard worker.

Maria Martinez said her family didn’t know what happened, or what pushed her son to do it. “I still love him. He knows he can count on my support.”

Another brother, Juan Carlos Martinez, called Prado “the bad person” in the case, claiming she made Martinez Cachu do it. “I know he regrets what he’s done,” he added.

Gatlin told the court her client had taken responsibility.

She said the murder was another crime related to marijuana and the sales of it, and like Martinez Cachu’s family she made allegations against Prado, specifically, that she was a ringleader in a marijuana business and Martinez Cachu was working for her.

“My client is deeply remorseful for his actions,” she said, and she added that she hoped the victim’s family would consider the power of redemption and realize that people can change.

Prado, who has stayed in Lake County, said of the case, “It took away a good young man and put another one in prison.”

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it.. Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.

CLEARLAKE, Calif. – A new grant will help increase the county’s emergency preparedness.

This week, Sen. Mike McGuire announced that $50,000 has been awarded to the Lake Area Rotary Club Association, or LARCA, to improve Lake County’s evacuation shelter system by Bay Area nonprofit organization, Tipping Point Community.

Sen. McGuire has been working with local elected officials and nonprofit leaders to secure the funds which will make desperately needed investments to enhance and modernize Lake County’s emergency shelter system.

“Lake County has suffered significantly from the impacts of five major fires over these past three years, and it’s become crystal clear the emergency shelter system had to be improved and modernized to meet what has become our new normal,” Sen. McGuire said. “We are grateful for the incredible generosity of Tipping Point, the Lake County Community Action Group who have been leading this effort and PG&E. All have stepped up to make these needed improvements and help the County and City become more resilient in times of disaster.”

The funds, awarded by Tipping Point – a nonprofit focused on breaking the cycle of poverty and a significant funder in the North Bay fire recovery efforts – will be used to make critical improvements to the Clearlake Community Senior Center, which acts as the area’s emergency facility during times of crisis.

“The impact of the North Bay fires will be long felt in the region, but those who are low-income will have the steepest climb ahead,” said Daniel Lurie, CEO and founder of Tipping Point. “Improvements to the evacuation shelter will provide a safe haven in the event of another disaster for those who have nowhere else to turn.”

Paired with grants from PG&E and other community groups, the improvements will include purchasing a generator so the shelter can provide uninterruptible power, 24-7, for 72 hours.

In addition, local officials will purchase or construct portable shower/bathroom facilities with one ADA compliant facility, a storage room for emergency supplies, and a trailer frame to transport the portable shower/bathroom facilities.

These enhancements will fix glaring challenges the county and city of Clearlake have faced during the multiple mass evacuations over the last few years, McGuire said.

“The Lake County fires, along with two flood events, have had an immense impact on our community over the past several years,” said Clearlake City Councilman Russ Cremer, who also serves as treasurer of LARCA.

“Thanks to the leadership of LARCA, Sen. McGuire and the fantastic generosity of Tipping Point, these funds will provide us with the ability to complete the infrastructure for an emergency evacuation shelter at our Clearlake Community Senior Center. Residents from all across the county will be better served by these enhancements during our greatest times of need,” Cremer said.

The total project budget is $169,437. Thus far, support for this project has been overwhelming, raising approximately $147,000. This includes the investment from the Tipping Point Emergency Relief Fund, a grant from PG&E of $75,000 to purchase a generator and transfer switch for the facility.

Clearlake Rotary, through fundraising, also will be contributing $14,000 to the project, and about $8,300 will be provided by the LARCA Fire Relief Fund.

CLEARLAKE, Calif. – Clearlake Police arrested a San Francisco man this week after finding him in possession of cocaine and heroin.

Malik Zado Sohan, 48, was taken into custody on Sunday, according to Sgt. Tim Hobbs.

At 9:15 a.m. Sunday, while on patrol at the Burns Valley Mall, Officer Steve Hobb watched Sohan drop a plastic baggie on the ground and kick it under a recycling container, according to Hobbs’ report.

He said Officer Hobb recovered the baggie and saw that it contained a large amount of narcotics.

When Officer Hobb attempted to contact Sohan in front of the Grocery Outlet store, he fled on foot. After a brief foot chase, Sohan was taken into custody, Sgt. Hobbs reported.

The baggie Sohan attempted to hide contained approximately 11 grams of crack cocaine, 4 grams of cocaine and 1 gram of heroin, according to Hobbs.

Sohan was arrested and booked into the Lake County Jail for resisting arrest, and possession of a narcotic controlled substance for sales. His bail was set at $30,000.

Anyone with information regarding the unlawful possession or sales of controlled substances can contact the Clearlake Police Department at 707-994-8251. Callers may remain anonymous.

LAKEPORT, Calif. – A man who police said was acting erratically and was being transported to medical care on Wednesday morning later died, with his death now the focus of an investigation.

The man who died was identified as Anthony Cortez, 24, Clearlake, according to the Lakeport Police Department.

Police said that at 10 a.m. Wednesday Lakeport Police officers were dispatched to the area of the Anchorage Inn, located at 950 N. Main St., on a report of a male subject, wearing no shirt and black pants, running around the parking lot and banging on the glass door.

While officers were responding, dispatch provided further information, reporting that the subject was now walking into the middle of Main Street, stopping traffic and bothering people as they were walking. Police said the subject was reported to be in front of Natural High in the 800 block of N. Main Street.

Officers arrived and located a male subject, later identified as Cortez, who matched the description of the subject. He was flailing on the ground near the restroom, according to the report.

As officers approached Cortez he stood up and began walking toward them, flailing his arms and acting paranoid, police said.

The officers took control of Cortez, placed him in handcuffs and sat him on the ground in a seated position. The report said Cortez continued to display erratic, paranoid behavior, leading officers to believe he was under the influence of an unknown substance.

Officers requested medical personnel respond based on Cortez’s behavior. As officers were waiting for medics to arrive, Cortez began flailing his feet uncontrollably and continued to display a state of paranoia, the Lakeport Police Department reported.

Once medical personnel arrived, Cortez was placed on a gurney and taken to the ambulance. While inside the ambulance, and being attended to by medical personnel, Cortez began to have a medical emergency and life-saving measures were performed, police said.

The Lakeport Police report said Cortez was transported to Sutter Lakeside Hospital where further life-saving measures were performed in an attempt to revive him. Cortez was pronounced deceased a short time later.

The Lakeport Police Department initiated an investigation into Cortez’s death and requested the assistance of the Lake County District Attorney’s Office.

The investigation is ongoing and anyone with information is asked to contact Det. Dale Stoebe at the Lakeport Police Department at 707-263-5491.

MIDDLETOWN, Calif. – While the investigation into the fire that destroyed the Middletown Hardester’s Market continues, the two men injured in the fire are on the mend.

California Highway Patrol Officer Efrain Cortez Jr. is recovering from minor injuries he received on Monday when he helped pull Justin Costa, an injured Cal Fire and South Lake County FIre Protection District paid call firefighter, from harm’s way.

Cal Fire reported on Tuesday evening that Costa was in fair condition at UC Davis Medical Center’s burn center after having suffered second- and third-degree burns in the fire, which occurred on Monday afternoon at Hardester’s Market and Hardware, located at 21088 Calistoga St. in Middletown.

Cortez also is on the mend.

“I’m doing good,” Cortez told Lake County News during a Tuesday interview.

While he had by that time been cleared for duty, he said his sergeant gave him the day off, which he was spending with his children. Due to his schedule, he’s set to return to patrol on Sunday.

Cortez, 39, will mark 14 years in the CHP in October. He’s also a Lake County native, a 1997 graduate of Kelseyville High School who has spent 12 of his years as an officer working in Lake County. He lives in Kelseyville with his wife and two daughters.

He’s also a Navy veteran, having served seven years and, during that time, he said he learned to fight fires.

His CHP service has included working during the county’s wildland fires, including the Valley fire, in which he was one of the officers assisting with the evacuation of residents in the fire area.

Cortez patrols the south sector – extending from Lower Lake to the Napa County line – for the CHP’s Clear Lake Area office, based in Kelseyville.

That’s where he was on Memorial Day.

“It was a quiet day,” he recalled.

He stopped in to Hardester’s Market to order a sandwich at the deli for his lunch.

“When I was ordering my sandwich, I hear the alarm,” he said.

Everyone was looking at each other, and the employees were wondering if it was a drill, he said.

Middletown resident Monica Rosenthal, who had just come into the store to do some shopping, said she spotted Cortez in the market, and thought the timing for his arrival was fortuitous considering the fire that followed.

When the alarm went off, no smoke was visible. “Slowly, people started getting out,” said Cortez, who had time to pay for his sandwich and leave the building.

When he got to the parking lot, people were starting to move faster. Then Cortez said he saw smoke coming from the northeast corner of the building.

At that point, Cortez said he got in his patrol car and blocked off Washington Street at the back of the store. He said he also got people who were taking pictures to back off from the site and called the fire department.

Cortez said he saw the first engine, from Cal Fire, arrive. Two firefighters geared up, laid down hose and charged into the building, where more smoke and flames could be seen. One of those firefighters was Costa.

Flames then shot out of the building like a torch and one of the firefighters emerged, screaming, and saying his partner was still inside. Cortez he put out the call for a firefighter down, requested all units respond and asked for air support in the form an air ambulance.

He said he started getting closer to see if he could help, explaining that it was very hot.

Cortez said the second firefighter, Costa, emerged, either throwing himself out or being thrown out and landing on his back.

He said he could see that Costa had been on fire because his uniform was black. Costa was screaming that he needed to take off his gear.

Cortez said what happened next was a blur.

He and another man – who he said he believed was a volunteer firefighter – grabbed Costa to drag him away from the building. Cortez grabbed Costa by the neck of his turnouts while the other firefighter took hold of him by his armpit to move him.

It was at that point that Cortez was injured; he said he had taken hold either of a buckle or ring on the turnout that was hot and burned his right hand. He also started choking from the smoke.

He said they were able to get the injured firefighter’s facemask off, along with his tank and protective gear. They then poured water on him to cool him down before covering him up for privacy.

At that point other firefighters were arriving, and an air ambulance was called for Costa, Cortez said.

Following Costa’s rescue, Cortez went back to traffic control but also let his sergeant know he was injured. He would later be sent to Adventist Health Clear Lake for treatment of his injuries.

He’s got bandages on his hand, where he suffered second-degree burns. “I’m feeling better. My throat’s a little sore,” he said.

In his time in the CHP, Cortez has seen some horrifying crashes, including one in which a man was burned. “You deal with it with the support of your peers.”

Still, he called Monday’s fire “pretty traumatic,” recounting watching employees cry. He said many in the community continue to suffer from PTSD from the wildland fires.

Cortez said the CHP later called to check on Costa and were told that he’s doing OK, which made him glad.

Cortez said he told his wife that he was just doing his job, and that the heroes are the ones who go inside the burning buildings.

He praised the response from local agencies to the incident, noting the special way first responders work together in Lake County.

“We’re a close-knit community,” Cortez said. “We’re all brothers and sisters in community service.”

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it.. Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.