How to resolve AdBlock issue? 
News
LAKEPORT, Calif. – A police officer arrested a Lakeport man on Christmas night for possession of methamphetamine and two knives.
Mark Anthony Deanda, 51, was arrested after the officer pulled him over on his bicycle at around 11 p.m., according to Lt. Jason Ferguson.
Ferguson said the officer found Deanda riding his bicycle without any lighting in the 1800 block of N. High Street.
As the officer went to contact Deanda, Deanda turned onto Via Del Lago and south onto Montana Vista Street. Ferguson said the officer pulled up to the male and advised him to stop, and recognized the rider as Deanda.
During the contact with Deanda the officer observed a black knife handle protruding from under his right hand which appeared to be affixed to the handlebar grip, Ferguson said. The officer removed the knife and noted it to have an approximate 3-inch fixed blade.
While contacting Deanda the officer was advised that Deanda had an outstanding arrest warrant with a $50,000 bail, Ferguson said.
He said the officer placed Deanda under arrest. During a search of Deanda, the officer located a small white rock type substance believed to be methamphetamine and a glass pipe, believed to be paraphernalia used to ingest methamphetamine.
Deanda additionally was charged with possession of a controlled substance and possession of paraphernalia, Ferguson said.
Ferguson said Deanda was placed in the rear of the officer's patrol vehicle and transported to the Hill Road Jail.
While en route to the jail Deanda began to complain of something poking him, according to Ferguson.
He said the officer pulled over and checked on Deanda, locating a 4-inch dual bladed knife with a wooden handle between the handcuffs and Deanda's hands.
The officer believed the knife to be a dangerous weapon that was concealed on Deanda’s person. He additionally charged Deanda with possession of a concealed dirk or dagger, Ferguson said.
Ferguson said Deanda was booked at the Lake County Jail, where his bail was set at $65,000. Jail records indicated he remained in custody on Thursday.
LAKEPORT, Calif. – A Monday welfare check led to the arrest of a Lakeport juvenile, who injured an officer as he was being taken into custody.
Lt. Jason Ferguson said the juvenile was arrested for resisting arrest, escape with force and marijuana possession.
On Monday at about 7:15 p.m., Lakeport Police officers responded to an address in the 600 block of N. Forbes St. on a report of an intoxicated juvenile wanting to harm himself, Ferguson said.
He said officers arrived and contacted the juvenile outside on the street, determining he was under the influence of alcohol.
During the course of the interview, officers learned that the juvenile did not want to harm himself and that he was just upset at his father, according to Ferguson.
While speaking to the juvenile the officer located a plastic baggie containing marijuana sticking out of his pants pocket. Ferguson said the juvenile was detained by the officer for further investigation.
The officer also located on the juvenile paraphernalia which he was not allowed to possess, Ferguson said.
After retrieving the items, the juvenile asked the officer if he was going to Juvenile Hall. When the officer replied that he was, the juvenile pulled away from the officer’s grip and fled the scene on foot, according to Ferguson's report.
After a brief search, with the assistance of the Lake County Sheriff’s Office, the juvenile was located at the intersection of High Street and Clearlake Avenue, Ferguson said.
He said the juvenile was immediately detained in handcuffs. While being escorted to the officer’s patrol car, the juvenile became combative and jerked his hands free from the officer, causing injury to the officer’s hand, and fled on foot. The juvenile was located within minutes and placed in a patrol car.
Ferguson said the officer transported the juvenile to Sutter Lakeside Hospital. While the officer was escorting him to the emergency room, the juvenile began to kick the officer multiple times, striking the officer in the chest and knee, causing injury to her knee.
As he was kicking the officer, the juvenile told the officer he was going to kill her, Ferguson said.
Multiple units arrived to assist in taking control of the juvenile, Ferguson said. While inside the hospital the juvenile continued to try and free himself and get away.
Due to the level of intoxication, the juvenile remained at the hospital for an extended period of time, Ferguson said.
The juvenile was released to his mother and the case is being forwarded to Juvenile Probation Department, according to Ferguson.
LAKE COUNTY, Calif. – The District Attorney's Office has released a final report on an officer-involved shooting earlier this year, ruling the officers were defending themselves and their actions were “reasonable and justified.”
District Attorney Don Anderson issued his findings on Wednesday regarding the May 30 incident in Anderson Springs that involved California Highway Patrol Officer Arthur “Josh” Dye and Lake County Sheriff's Deputy Scott Lewis.
Dye and Lewis were responding to a disturbance involving 35-year-old Yolpaqui Hernandez of Middletown, according to Anderson's report.
None of the men were injured when, during a struggle, Dye's rifle went off, Anderson said.
Anderson said the Lake County District Attorney Investigation Division conducted the investigation into the incident – along with the California Highway Patrol Critical Incident Investigation Team and investigators from the Lake County Sheriff’s Office – pursuant to the Lake County Law Enforcement Fatal Incident Protocol of 2013.
The District Attorney's Office typically leads such investigations in the county when a law enforcement officer has been involved in a shooting or any other resulting in a fatality, as Lake County News has reported.
On May 30 Lewis was first on scene after a disturbance was reported at 11190 Rose Anderson Road. Anderson said the woman who lived at the residence had allowed Hernandez to stay there for six months, but earlier that day had asked him to leave, which led him to becoming “confrontational and agitated.”
The woman called law enforcement out of fear of Hernandez, and Lewis, who responded, agreed to speak to Hernandez in an effort to resolve the issues, Anderson said.
When Lewis went into the home to speak with Hernandez, he was on the phone. Anderson said Hernandez became hostile to Lewis and wouldn't end his phone call.
At the same time, Lewis saw a machete and tried to remove it from Hernandez's reach, with Hernandez then grabbing the machete and Lewis' arm, Anderson said. A struggle ensued and Lewis got control of the machete.
Dye arrived a short time later, with Hernandez becoming increasingly hostile and aggressive. Both Dye and Lewis used their Tasers on Hernandez, but it had little or no effect, Anderson said.
Anderson said that after the Tasers were used on Hernandez, he jumped on Lewis and placed him in a choke hold while grabbing the barrel of Dye's rifle at the same time.
It was during this struggle that Dye's rifle discharged once, with the bullet lodging in the ceiling, Anderson said.
Dye and Lewis were able to overpower Hernandez and take him into custody without further incident, according to Anderson.
Hernandez was arrested on felony charges of resisting arrest, obstructing an officer, battery with serious bodily injury and assault with a deadly weapon – not a firearm – on a peace officer, according to jail records.
In his legal review of the case, Anderson referenced the 2004 state appellate court case Munoz v. City of Union City, in which the court held that an officer “may use reasonable force to make an arrest, prevent escape or overcome resistance, and need not desist in the face of resistance.”
“The officers’ actions in defending themselves from attack by this individual were reasonable and justified. The accidental discharge of the firearm was the result of Hernandez struggling with the peace officer’s firearm. Therefore, there is no criminal conduct on the part of either peace officer,” Anderson concluded.
Lewis, 53, also is the focus of another District Attorney's Office investigation arising from a fatal October vehicle crash.
On the morning of Oct. 3 Lewis was responding from Kelseyville to the Lower Lake area on the report of a home invasion robbery when his patrol vehicle – a Chevy Tahoe SUV – crossed into the northbound lane and collided head-on with a vehicle driven by 26-year-old Gabriela Rivas Garcia, of Clearlake.
Garcia, who was reportedly on her way to work that morning, was killed in the crash. Lewis was flown to an out-of-county trauma center with serious injuries.
A third driver, 66-year-old Charles W. Eagleton, 66, of Lakeport, a county correctional officer, was behind Garcia and was hit by the rear of Lewis' SUV. Eagleton suffered minor injuries, according to incident reports.
Anderson's office is conducting a joint investigation with the California Highway Patrol Northern Division's Multidisciplinary Accident Investigation Team, or MAIT, into the crash.
He said on Wednesday that he has not received any new details from the CHP's investigators, and he doesn't expect to receive MAIT's final report until sometime in March 2014.
Anderson's full report on the May 30 incident is below.
Email Elizabeth Larson at
December 25, 2013
LAKE COUNTY DISTRICT ATTORNEY’S FINAL REPORT
REGARDING OFFICER INVOLVED SHOOTING INVOLVING
YOLPAQUI HERNANDEZ ON MAY 30, 2013
INTRODUCTION
On May 30, 2013, Lake County Sheriff’s Deputy Scott Lewis responded to a reported disturbance at 11190 Rose Anderson Road, Middletown, CA. Deputy Lewis was assisted by California Highway Patrol Officer Arthur Dye. During the investigation the officers became involved in a physical confrontation with the suspect, Yolpaqui Hernandez.
In the ensuing fight Hernandez attempted to gain control of the officer’s rifle. As a result of Hernandez grabbing the barrel of an assault rifle and attempting to gain control the rifle, the rifle discharged. No one was injured as a result of the discharge of the rifle. Hernandez was taken into custody without injuries.
It is the finding of this office that the discharge was accidental while the officers were acting in self defense, and further caused by Hernandez wrestling with the rifle in an attempt to gain control of it from the officers.
There is no criminal conduct on the part of the officers. Hernandez continues to be prosecuted in this matter.
PROCEDURES
Pursuant to the Lake County Law Enforcement Fatal Incident Protocol of 2013, the Lake County District Attorney Investigation Division conducted the investigation into the incident along with the California Highway Patrol Critical Incident Investigation Team and investigators from the Lake County Sheriff’s Department.
This report and findings are conducted pursuant to California State law and the Lake County Law Enforcement Fatal Incident Protocol of 2013. The purpose of this report is to determine whether or not the officer acted appropriately within the limits of the law and whether or not the officers have violated any criminal statute. This report is not to determine Yolpaqui Hernandez liability; whether he should or should not be prosecuted; or have any effect on the criminal prosecution of Yolpaqui Hernandez currently in progress.
FACTS
On May 30, 2013 at 10:27 a.m. Deputy Scott Lewis was dispatched to 11190 Rose Anderson Road in Anderson Springs for a reported disturbance. The reporting party had reported that Yolpaqui Hernandez was having mental health issues and was screaming and yelling.
The reporting party told Deputy Lewis that Yolpaqui Hernandez had been staying at her residence for the past six months. Earlier that day she had asked Hernandez to leave her residence. This made Hernandez confrontational and agitated. The reporting party was concerned and frightened of Hernandez. Deputy Lewis agreed to speak with Hernandez and try to resolve the issue between them.
Deputy Lewis contacted Hernandez inside the residence while Hernandez was engaged on the phone. Hernandez became increasingly hostile to the officer and refused to discontinue his phone conversation. Deputy Lewis tried to remove a machete from the reach of Hernandez; however, Hernandez grabbed the machete and Deputy Lewis’ arm. There was a brief struggle and Deputy Lewis was able to gain control of the machete. Deputy Lewis also noticed that Hernandez had several other knives attached to his belt.
Shortly thereafter CHP officer Dye arrived that the scene. Hernandez became increasingly hostile and aggressive to the officers. Hernandez was tasered by both officers; however, it had little or no affect on Hernandez.
Hernandez jumped on top of Deputy Lewis and placed him in a choke hold. At the same time Hernandez grabbed the barrel of Officer Dye’s rifle. A struggle for the rifle ensued with Hernandez controlling the barrel and Office Dye controlling the center of the rifle. A single discharge of the rifle occurred with the bullet lodging in the ceiling.
The officers were able to over power Hernandez and take him into custody without further incident.
LEGAL ANALYSIS
The relevant California statutory and case law regarding this matter is set forth below.
In Munoz v. City of Union City (2004) 120 Cal.App.4th 1077, 1102, the court held that an officer “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 effect it.” Munoz, supra, 120 Cal.App.4th 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.
FINDINGS
In this matter, the officers were on duty and acting in their official capacity as Peace Officers. The officers’ actions in defending themselves from attack by this individual were reasonable and justified. The accidental discharge of the firearm was the result of Hernandez struggling with the peace officer’s firearm. Therefore, there is no criminal conduct on the part of either peace officer.
________________________________
Don A. Anderson
Lake County District Attorney
UPPER LAKE, Calif. – Late Wednesday investigators remained on the scene of a fatal shooting that occurred earlier in the day in the Upper Lake area.
The shooting was reported shortly before 10 a.m. Wednesday at 1475 Hunter Point Road, two miles off of Elk Mountain Road outside of Upper Lake, as Lake County News has reported.
Reports from the scene indicated a male robbery suspect was shot by the homeowner.
Northshore Fire Protection District firefighters were dispatched to assist the male suspect who had been shot. A short time after they staged at Hunter Point and Elk Mountain roads, it was reported that the man had died, according to radio reports.
As of Wednesday evening, sheriff's officials had not released any details about the incident, including the name of the man who was fatally shot or the person who shot him.
District Attorney Don Anderson told Lake County News he helped approve a search warrant for the Hunter Point Road property submitted by Lake County Sheriff's detectives Wednesday afternoon.
He said Judge Andrew Blum came to the District Attorney's Office to sign the search warrant shortly after 5:30 p.m.
Anderson said the property was being searched and interviews with those involved were taking place on Wednesday evening.
By that point, the exact circumstances of the incident hadn't yet been determined, although Anderson said the information he had received indicated the shooting had happened outside of the home on the property.
Additional details will be posted as they become available.
Email Elizabeth Larson at
NORTHERN CALIFORNIA – With the new year just around the corner, the California Highway Patrol is reminding motorists of several new laws or changes to existing law that goes into effect in 2014.
The following are summaries of some transportation-related laws that, unless otherwise stated, go into effect on Jan. 1, 2014.
AMBER Alert: Expansion (AB 535, Quirk) – This law requires law enforcement to request activation of the AMBER Alerts after receiving a report that a child has been taken abducted by anyone, including a custodial parent or guardian, who may cause serious bodily injury or death to the child.
Bicycles: Passing Distance (AB 1371, Bradford) – This law prohibits motorists from passing a bicycle with less than 3 feet between any part of the vehicle and any part of the bicycle or driver. When 3 feet is not possible, the motor vehicle must slow to a reasonable and prudent speed and only pass when no danger is present to the bicyclist. Failing to do so can incur a fine, regardless of a collision or not. This law will go into effect September 16, 2014.
Charter Bus Carriers: Limousines: Emergency Exits (SB 109, Corbett) – By Jan. 1, 2016, every limousine that has been modified or extended to accommodate additional passengers shall have two rear doors and one or two internally removable rear emergency windows. If such modifications occurred on or after July of 2015, these requirements apply immediately after July 1, 2015. All new limousines manufactured after January 1st, 2015 must meet these requirements as well.
High Occupancy Vehicle Lanes (AB 266 / SB 286, Yee / Blumenfield) – Together these laws extend sunset dates for low emission, zero emission vehicles to operate in high occupancy vehicle lanes (HOV) without meeting occupancy requirements to Jan. 1, 2019.
Hit and Run: Statute of Limitations (AB 184, Gatto) – This law extends the statute of limitations for hit-and-run collisions in which death or permanent, serious injury was a result. A criminal complaint may be filed within three years of the offense, or one year after the person was initially identified by law enforcement as a suspect in the commission of the offense, whichever comes later, but in no case more than six years after the offense.
Registration Fees: Vehicle Theft (AB 767, Levine) – This law authorizes counties to increase registration fees by $1 for passenger vehicles and $2 for commercial vehicles to fund programs related to vehicle theft crimes in those counties.
Search Warrants: Chemical Tests (SB 717, DeSaulnier) – This amendment to current law authorizes the issuance of a search warrant to draw blood from a person in a reasonable, medically approved manner, to show that the person violated misdemeanor DUI provisions when that person has refused an officer’s request to submit to, or has failed to complete, a blood test. This law has been operative since September 20, 2013.
Teen Drivers (SB 194, Galgiani) – This law prohibits a person who is under 18 years of age from using an electronic wireless communications device to write, send, or read a text-based communication while driving, even if it is equipped with a hands-free device.
For complete information on chaptered bills enacted in 2013, please refer to the Legislative Counsel Web site at www.LegInfo.ca.gov .
NORTHERN CALIFORNIA – Pacific Gas and Electric Co. announced that its employees and retirees have raised more than $6.5 million to support nonprofit organizations and schools through the utility’s annual giving initiative, Campaign for the Community.
The total was the most ever pledged in the campaign’s history and exceeded last year’s total by $500,000, PG&E said.
Employee and retiree contributions will benefit entities throughout PG&E’s service area in Northern and Central California and beyond.
In the North Bay/North Coast, PG&E said its employees and retirees raised $220,142. The six counties are Humboldt, Lake, Marin, Mendocino, Napa and Sonoma.
“I’m grateful for how our employees and retirees stepped up in unprecedented fashion this year to support the communities where they live and work,” said Tony Earley, chairman, chief executive officer and president of PG&E Corp.
“All of us at PG&E want nothing more than for our communities to be healthy, vibrant places, and I’m proud of how Campaign for the Community helps make that possible,” Earley added.
In addition to the amount pledged through Campaign for the Community, PG&E will provide nearly $2 million in matching grants to schools and qualifying organizations designated by PG&E employees and retirees through this annual giving initiative.
Pledges will be distributed throughout 2014 to more than 5,000 schools and nonprofit organizations, including environmental organizations, community centers, food banks, animal shelters, veterans groups and many others, to help keep important programs and services alive in local communities.
Through PG&E’s Campaign for the Community, employees can designate donation recipients and contribute amounts of their choosing through payroll deductions or onetime donations.
This year, pledges were made by nearly 7,600 employees and more than 350 retirees, according to PG&E.
In addition, PG&E’s employees raised $200,000 through community events, from funny slipper contests and food sales, to dinners with PG&E officers.
Last year, these employee-led fundraising events earned nearly $140,000 for the community, PG&E said.
Since 2000, PG&E employees and retirees have raised more than $55 million through Campaign for the Community, benefitting schools and nonprofit organizations in communities where PG&E employees live and work, primarily in Northern and Central California.
These monies are in addition to the $23 million that PG&E donates annually throughout its service area.