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LAKEPORT, Calif. – At the order of a state appellate court, a Lake County Superior Court judge on Tuesday modified the sentence of a man convicted four years ago of the murder of a 4-year-old boy and the attempted murder of five others.
Through his attorney Mitchell Hauptman, Orlando Joseph Lopez Jr., 28, notified the court that he was waiving his appearance at the Tuesday afternoon sentence modification before Judge Andrew Blum.
In 2012, Lopez and his co-defendant in the case Paul William Braden, now 26, were convicted of first degree murder in the June 2011 killing 4-year-old Skyler Rapp, as well as attempted murder for wounding five others – including the child's mother and her boyfriend – after shooting into a crowd at a gathering at a Clearlake apartment.
The court sentenced Lopez to 311 years in prison, while Braden received 312 years, with that additional year due to a previous felony conviction.
However, because of a 2014 court California Supreme Court decision that now requires that prosecutors give a specific theory of first-degree murder – rather than offering multiple theories as was done in this case – in February the First District Court of Appeal in February ordered that Braden and Lopez should either be retried on the first-degree murder charge or else have their convictions reduced to second-degree murder.
Additionally, the appellate court ordered that two counts of mayhem that the men had been convicted of be stayed.
Retired Judge Doris Shockley of Yolo County had been assigned to the case. Blum said in court on Tuesday that Shockley is no longer taking case assignments and so was not available to preside over the sentence modification.
Braden returned to Lake County and had his sentence modified in October to 248 years, according to District Attorney Don Anderson, who handled the original prosecution and has continued to appear in the appellate-ordered proceedings.
At a court appearance last month, Blum, Hauptman and Anderson discussed the efforts to get Lopez to appear in court.
He had refused to leave his place at Salinas Valley State Prison in Soledad because he did not want to lose his housing or his job there, Hauptman reported.
Blum previously had attempted to order Lopez's appearance, but when Lake County correctional officers responded to Soledad, Lopez had refused to come with them, and state correctional officials said they would only remove him if Blum signed an extraction order.
During Tuesday's hearing, which ran just under 15 minutes, Hauptman said Lopez sent a letter saying he would waive his appearance for that hearing but not in any future proceeding involving the case.
When Blum asked if Hauptman had spoken with Lopez personally, Hauptman said no, that they had only communicated through letters.
Blum said he was prepared to proceed in Lopez's absence, noting that while the modification was not insignificant in terms of time, it probably didn't make much practical difference to Lopez's sentence.
In reducing the first-degree murder conviction to second-degree and staying the mayhem convictions, Blum modified Lopez's sentence to a 22-year determinate sentence plus an indeterminate sentence of 225 years to life.
While the total years appeared to equal 247, Blum cautioned against lumping the determinate and indeterminate sentences together, explaining they're form different sentencing systems.
According to the California Department of Corrections and Rehabilitation, determinate sentences have a specific length while indeterminate sentences are based on a time range.
Blum said Lopez must serve the determinate sentence of 22 years first before beginning the 225-year indeterminate sentence.
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NORTH COAST, Calif. – A reward is being offered for information to help solve the murder of a young Rohnert Park man whose body was found on the Sonoma State University campus last month.
The Sonoma County Sheriff's Office reported that friends and family of 18-year-old Kirk Ryan Kimberly have raised a $4,000 reward for any information leading to the arrest and conviction of the person – or persons – responsible for his murder.
On Nov. 2, a Sonoma State employee found Kimberly's body in a shallow grave located in a wooded area on the outskirts of the campus, as Lake County News has reported.
Authorities said Kimberly – who had been reported missing in mid-October – was stabbed multiple times.
The Sonoma County Sheriff's Office said Kimberly's family and friends have started a "youcaring" page at https://www.youcaring.com/kirkkimberlyrewardfund-703305 to raise additional funds towards the reward. The page has a $25,000 goal.
The Sonoma County Alliance also is offering a separate reward of up to $2,500 for information leading to the arrest and conviction of Kimberly's killer, or killers, authorities said.
Anyone with information on Kimberly's death is encouraged to call the Sonoma County Sheriff's Office Investigations Unit at 707-565-2185.
LOWER LAKE, Calif. – Elder Day Services of Lake County will hold an all-you-can-eat pizza party fundraiser on Wednesday, Dec. 14.
The dinner will take place from 5:30 to 7:30 p.m. at DJ’s Pizza on Main Street in Lower Lake.
Tickets are just $8 per person for all-you-can-eat pizza.
Clients of the Elder Day Services program are often seniors with a disability caused by stroke or Alzheimer’s disease.
They may have memory loss and/or physical restrictions. All usually have a caregiver to help them with daily living activities.
Caregivers need respite. This program helps to delay the requirement for institutionalization. It provides social activities and programs for participants. There is a lot of fun and fellowship.
Funds raised will go toward a free scholarship program for participants who cannot afford the daily cost.
By buying five tickets to the event at $8 each, you provide one scholarship for a day of program time and six hours of respite for the caregiver.
The daily program includes breakfast and lunch and activities. The daily cost for the program is $35, but no one is turned away.
Contact Jenny at 707-350-3030 or Caroline at 707-263-9481 for tickets or information on the program.
CLEARLAKE, Calif. – The 10th annual Warm for the Winter clothing giveaway is in need of clothing for children.
The distribution is set to take place on Saturday, Dec. 10, from 10 a.m. to 2 p.m. during the Rotary Club of Clearlake's annual Christmas dinner and celebration at Burns Valley School.
Organizer Joyce Overton said the community has been generous again this year with quilts, coats and other warm weather items. However, clothing for children is still needed.
Overton said in particular newborn to size 16 for children are needed.
Items can be dropped off at the Highlands Senior Center, 3245 Bowers Ave., Clearlake, or at Burns Valley School on Saturday morning.
For more information call Overton at 707-350-2898.
Porch pirates. Package thieves. Grinches. Whatever you call them, they destroy the holiday spirit by stealing the unattended packages from your front porch between the time they are delivered and the time you pick them up.
Sometimes, the window of theft can be as small as a few minutes, and can happen in the blink of an eye.
There are some steps recommended by law enforcement that you can take to help prevent the packages left on your porch by the delivery service from being stolen this year.
They include the following:
• Have packages purchased online delivered directly to the local store and pick them up at the customer service counter.
• Have packages sent with “signature required.” The package can’t be left behind on the porch without a person signing for delivery.
• Track your package online so you see the status (such as “out for delivery,” where the package is at currently and an approximate day of delivery).
• Ask a trusted neighbor to pick up your package from your porch if you are not going to be home.
• If your employer allows it, have your packages delivered to your business address.
• Some homeowners are investing in locking package containers bolted onto their porch for deliveries.
• Invest in a security camera. If your package is stolen, you may be able to record the suspect and assist the police in the investigation.
• Start or join a Neighborhood Watch so you and your neighbors and be on the lookout for suspicious persons in your neighborhood.
If you do have a package stolen, immediately report the theft to local law enforcement and contact the vendor. If you purchased insurance, the item may be covered by loss from theft.
It is important to be proactive and stay one step ahead of package thieves.
By removing the opportunity for them to steal your unattended packages, you can ensure a happy holiday season.
LAKE COUNTY, Calif. – Jeanette Merriman passed away peacefully on Dec. 3, 2016, with family in attendance.
Jeanette worked at Piedmont Lumber in Lakeport for 22 years as a bookkeeper/receptionist.
Jeanette was preceded in death by her parents, Gerald and Hildred Ketcham. She is survived by her husband, Bill Merriman; her daughters, Lisa Newell of Ruth Lake, Calif., Sara Mozzini and Donna Gibson; son, Dan LaFranchi; and many grandchildren and great-grandchildren, all of whom loved her very much.
As per her wishes, no services will be held. A family memorial will be planned for a later time.
Donations can be made in her memory to the Madison Clinic for Pediatric Diabetes at UCSF online at http://madisonclinic.ucsf.edu/ , clicking “contribute” in the upper right corner and attributing to Jeanette Merriman.
Arrangements by Chapel of the Lakes Mortuary, 707-263-0357 or 707-994-5611, or visit www.chapelofthelakes.com .