News

CLEARLAKE, Calif. – A Clearlake man was arrested early Wednesday on charges that he committed a sexual assault this past weekend.

Clearlake Police arrested 40-year-old Douglas Scott Rupert at 6:20 a.m. Wednesday for a sexual assault he is alleged to have committed last Saturday, as well as an outstanding warrant for domestic violence, according to Sgt. Nick Bennett.

Bennett said police had been actively seeking Rupert for the outstanding domestic violence warrant since it was issued in June. Rupert had been moving from house to house after being evicted from his residence.

On Saturday, a sexual assault of a 55-year-old female was reported to have occurred in the Clearlake Park area and Rupert was identified as the suspect, Bennett said.

The Clearlake Police Department intensified the search for Rupert and early on Wednesday officers received an anonymous tip that Rupert may be staying at a residence on East Lake Drive in Clearlake Park, Bennett said.

Bennett said Clearlake Police patrol officers and detectives responded to that residence.

Rupert, hearing the police in the area, ran into the orchard to the rear of the residence where he was taken into custody, Bennett said.

Rupert was booked into Lake County Jail. Jail records indicated bail was set at $50,000, with Rupert to make a court appearance on Friday.

Anyone with information regarding this case is encouraged to contact Det. Travis Lenz at 707-994-8251, Extension 315.

LAKEPORT, Calif. – With their trial set for this fall, three Sonoma County Hells Angels Chapter members were in court on Tuesday with their attorneys, who argued that the case against them involving a 2011 fight should be dismissed due to delays and errors.

Josh Johnson, Nicolas Carrillo and Timothy Bianchi are set to go on trial this October for allegedly fighting with Michael Burns, a validated Vagos motorcycle gang member, and Kristopher Perkin on June 4, 2011, at a tattoo convention at Konocti Vista Casino in Lakeport.

They're charged with felony participation in a criminal street gang, and misdemeanor counts of disturbing the peace and battery. Bianchi also is charged with felony assault with a deadly weapon other than a firearm, and Johnson and Carrillo each face an additional misdemeanor battery count.

Johnson, Carrillo and Bianchi were accompanied by Carrillo's attorney, Michael Clough, and Jai Gohel, Bianchi's attorney. Gohel also made an appearance for Johnson, whose attorney, Patrick Ciocca, could not attend.

The attorneys filed a motion to have the felony charges in the case set aside, a motion opposed by Senior Deputy District Attorney Art Grothe.

Clough and Gohel argued to Judge Michael Lunas that there have been mistakes and a delay by the prosecution in turning over discovery materials, and as such a dismissal was appropriate, which they also stated in their filings for the appearance.

Some of the key materials of concern related to Sheriff Frank Rivero, who testified at the 2012 preliminary hearing about his involvement in the case – securing permission from the tribal gaming commission to get surveillance video from the casino and then transporting the DVD to the sheriff's office.

Specifically, Clough and Gohel faulted the District Attorney's Office for not disclosing materials related to the “Brady” determination on Rivero before the preliminary hearing.

“Brady” refers to the 50-year-old US Supreme Court case requiring prosecutors to disclose exculpatory materials to defendants in criminal cases, including information relating to credibility of peace officers involved in their cases.

District Attorney Don Anderson conducted an investigation and concluded that Rivero lied to investigators about his actions during a 2008 nonfatal shooting.

However, the final determination regarding those Brady materials had not been made until this past February, nearly a year after the preliminary hearing.

Earlier this year, once the determination had been made, during a hearing in the Hells Angels case Grothe presented the information to Judge David Herrick in chambers. Herrick ruled that the materials should be made available to the defendants but kept confidential until a further court order was given.

The two sides also disagree about the importance of Rivero's role in the case. Although he was called to testify at the preliminary hearing, and testified in a hearing earlier this year, the District Attorney's Office has said he's not a material witness, and that his testimony wasn't key in the case.

Grothe had attempted to have the preliminary hearing reopened this spring in order to allow the defense to cross examine Rivero on the Brady material not disclosed before the preliminary hearing, but retired Judge Arthur Mann ruled against his request.

Gohel also raised issues about the testimony at the preliminary hearing of Norm Taylor, formerly with Lakeport Police who now works for the Lake County Sheriff's Office.

Gohel said Taylor, who appeared as a prosecution expert on gangs, was involved in the incident on May 14, 2011, in which Rivero shut down the county's southern border. That was in response to what Gohel called a “phantom raid” of 150 Hells Angels members who Rivero believed were on their way to Lake County to fight with the Vagos, who had staked out downtown Lakeport that day.

“Frankly there was no real basis for that particular action,” said Gohel.

Clough said the case was a relatively simply one that had been turned into something much larger, with one of the men having had a $1 million bail set early in the case.

He questioned why more video evidence hadn't been preserved, and said if the charges were to be dismissed the District Attorney's Office can refile them and start over with less procedural issues.

“In this case in particular, it would be in the interest of justice not to create a situation in which the district attorney's failures at the preliminary hearing stage hang over the whole case like a cloud,” Clough said, adding that the issues the exist in the case could result in it being overturned on appeal.

He said the defense hasn't delayed the proceedings – that resulted from the wrangling between Rivero and District Attorney Don Anderson over the Brady matter.

Grothe said the defense had been supplied with two main files or documents to the defense.

“Nobody from our office was pulling any punches on what material was out there,” Grothe said.

One of the files was a redacted copy of materials dealing with what he called the “county line” incident on May 14, 2011, which Anderson had agreed to give the defense during a meeting early on in the case.

They would later provide the Brady materials once they were able to do so, Grothe said.

He said Rivero's testimony in the preliminary hearing didn't matter, adding the prosecution had put Rivero on the stand as a courtesy so the defense could “have a shot” at him.

The Brady materials would be provided by court order at the direction of Herrick, who found they could be potentially exculpatory. Being exculpatory, said Grothe, is a completely different animal than being considered material to a case.

Gohel said in the redacted copy of the county line incident there is no mention of Taylor, adding the document “did not disclose a lot of things,” including gang experts from agencies in other counties telling Rivero that his actions to shut down the county border were totally unconstitutional and would get him sued.

Gang experts from around the region were telling Rivero that there was no group of Hells Angels heading to Lake County, Gohel said, adding that Taylor “was assisting Sheriff Rivero in this farce.”

Clough suggested to the court that there had been a series of attempts by Rivero to create an incident in order to charge the Hells Angels with a crime.

“We have had clear errors in this case,” said Clough, alleging that discovery rules were violated.

He said that, in the interests of justice, the case should begin again. Rivero doesn't have to be brought in to testify, which Clough said makes more sense than continuing what has become “a pretty amazing drawn out proceeding.”

During the hearing Lunas disclosed that he had represented Taylor in a family law proceeding about eight or nine years ago.

“We've gone through three judges already,” said Grothe, referring to the fact that Herrick, along with judges Richard Martin and Andrew Blum, have all handled the case at various stages.

Lunas said he wasn't sure that it would impact the case and he didn't believe he had a conflict. Clough said the defense wasn't going to suggest that previous representation was grounds for recusal.

Grothe told the court that Taylor's level of involvement in the May 2011 incident was “very, very minimal.”

As to the defense's claims that Rivero orchestrated an incident to go after the Hells Angels, “The lack of credence I give that can hardly be overstated,” Grothe said.

Lunas scheduled a hearing on his ruling for how the case would proceed at 2:30 p.m. Friday, Aug. 30.

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.

UPPER LAKE, Calif. – The weekend Blue Wing Blues Festival opens this Friday with performances by the Southern California based Delta Blues guitarist and entertainer Barry Brenner followed by the six-piece David Landon Band from San Francisco.

“We have a great time featuring top quality local bands at our weekly Monday Blues sessions,” said Blue Wing owner Bernie Butcher. “But the fact that our annual outdoor festival is supported by over 20 local sponsors gives us a chance to bring truly world-class music to Lake County.”

Originally from Chicago and now based in Los Angeles, Barry Brenner is a well-known and highly respected practitioner of Mississippi Delta Blues the way they were originally meant to be played, on metal-topped resonator guitars providing natural amplification and that authentic Delta sound.

“This will be my third appearance at the Blue Wing Festival,” said Brenner, “and I absolutely love the ambiance at the Blue Wing and the great reception we always get from the Lake County crowd. I’m really looking forward to the trip north.”

David Landon is no stranger to Lake County audiences either. A feature on the Bay Area blues scene since returning from Paris in the mid-1990s, Butcher has invited him up with his smaller trio for well-received Monday night gigs in the past.

“I love the atmosphere at the Blue Wing,” said Landon, “but I always wanted to bring up my full band with horns and all and show the good people of Lake County what the real blues is all about. Friday night should be fun.”

The Blue Wing Festival continues on Saturday evening with Brenner opening for the popular local band Twice As Good featuring the virtuoso guitar and vocals of its leader Paul Steward.

Steward has invited the veteran blues vocalist Jackie Payne to make a guest appearance with the group on Saturday night.

The festival wraps up on Sunday evening with the lively jump blues band Steve Lucky and the Rhumba Bums.

This Bay Area band brings back the feel of the lively blues of the 1930s and 1940s with Steve Lucky on the keyboards and Ms. Carmen Getit on guitar and vocals.

The Blue Wing Festival is held in the garden between the Tallman Hotel and Blue Wing Saloon Restaurant in Upper Lake.

Gates each evening open at 5 p.m. with music starting around 5:45 p.m.

The price of admission is $50 plus tax and includes a gourmet barbeque dinner with plenty of veggie options.

Tickets and further information can be obtained by calling the Tallman Hotel at 707-275-2244, Extension 0.

NORTH COAST, Calif. – The U.S. Marshals Service on Tuesday announced the addition of a Shingletown man to its 15 Most Wanted fugitives list.

Shane Franklin Miller, 45, is wanted by the Shasta County Sheriff’s Office for three counts of murder, as a primary suspect in the May deaths of his wife and two daughters.

He also is wanted by federal marshals in the Eastern District of California for unlawful flight to avoid prosecution.

“The U.S. Marshals Service reserves placement on our 15 Most Wanted for those suspected of heinous crimes such as the ones Miller is accused of committing,” said U.S. Marshals Service Director Stacia A. Hylton. “Our deputies will use all of our available resources with our federal and local law enforcement partners to bring this suspect to justice.”

On April 20, the Shasta County Sheriff's deputies responded to a domestic dispute involving Miller and his wife Sandra at their residence in Shingletown, according to the U.S. Marshals Service's Tuesday report.

During the dispute, Sandra Miller left the residence with the assistance of deputies and drove to Humboldt County, Calif. Later that day, Miller traveled to Humboldt County, located his wife at a motel and returned her to the residence, officials said.

On May 7, the Shasta County Sheriff's Office Dispatch received a 911 call from the Miller residence. During that call, the dispatcher heard a female sobbing and several loud banging sounds over the phone, according to the Tuesday report.

Deputies immediately responded to the location where they discovered the lifeless bodies of Miller’s 5-year-old and 8-year-old daughters, and his wife. Investigators determined that the deaths were caused by gunshot wounds.

Authorities allege that Miller previously had threatened to kill his wife, daughters, mother-in-law, sister-in-law and her children.

It's also alleged that after Miller shot to death his wife and two daughters he fled to the North Coast. His abandoned pickup was found days later near Petrolia, as Lake County News has reported.

Miller is known to be an avid outdoorsman with survival skills, abilities which are believed to have helped him elude capture so far.

Miller has a criminal history which includes arrests for possession of a firearm, ammunition, cultivation of marijuana, resisting an officer and hit and run causing death or injury, officials said.

Authorities said that in 2007 Miller was released from federal custody after serving a 46-month sentence for possession of a machine gun and marijuana cultivation.

He's described as a white male with red hair and blue eyes. He is 5 feet, 11 inches tall and weighs 180 pounds. Officials said he has scars on his right hand, and right leg and thigh.

He poses an extreme threat to the community and should be considered armed and dangerous.

A reward of up to $25,000 is offered for information leading directly to Miller’s arrest.

If you have information, contact the nearest U.S. Marshals office or the U.S. Marshals Service Communications Center at 1-800-336-0102.

In recognition of National Heatstroke Prevention Day on Wednesday, July 31, the California Office of Traffic Safety (OTS) is reminding Californians to take precautions when out in summer temperatures and to guard against the danger of leaving children unattended in vehicles.

“Too many children die as a result of being left unattended in vehicles for any amount of time,” said OTS Director Christopher J. Murphy. “These tragedies are 100 percent preventable. National Heatstroke Prevention Day is a good reminder for parents and caregivers to ensure that no child is ever left unsupervised.”

Before the heat wave in early July 2013, OTS warned that a car’s internal temperature can rise above 100 degrees even on cooler days, while a car in 110 degree sun can reach 160 degrees in an hour.

When the temperature is 100 degrees, even a half-hour in a vehicle can be enough heat to kill or severely injure young children.

Senate Bill 255, also known as Kaitlyn’s Law, was enacted in California in 2001 and made it illegal to leave children unattended in a motor vehicle.

OTS is again sharing the following tips and reminders to help parents and guardians follow the law and keep their children safe this summer:

• Never leave your child unattended in a hot vehicle, not even for a minute.

• For parents of young children, place a needed item for your next stop, such as your cell phone or purse, on the floor in front of your child’s safety seat. This will help to remind you that your child is in the car when you retrieve the needed items.

• Set a reminder or alarm on your cell phone that reminds you to drop off your child at school or day care, or have a loved one call to ensure that the drop-off occurred.

• Ask day care providers to call if your child is ever late being dropped off.

• Develop a routine for exiting the car; check the backseat and lock all doors and the trunk every time.

• Always lock your car doors and do not give children access to keys or keyless entry devices.

• Teach your children that cars are never to be used as a place to play.

• If your child is missing, be sure to check all vehicles and trunks.

• If you see an unattended child in a hot vehicle, call 911 immediately.

By following these simple tips and reminders, you can help protect your most important cargo.

For more safety tips and information, please visit the OTS on Facebook at www.facebook.com/CaliforniaOTS or follow OTS on Twitter @OTS_CA.

CLEARLAKE, Calif. – This Saturday, Aug. 3, visit Clearlake's Austin Park for the third annual “Power to the Youth” festival.

The event takes place from 10 a.m. to 4 p.m.

This year's event will feature a free basketball tournament and free skate park competition with prizes for the top three winners.

Glory Days Flag Football League will have a water balloon flag football event to keep you cool during the hot August sunshine.

Small swimming pools will be available for young children as well as a bouncy house.

Come and enjoy the sounds of local young artists such as K-Town, Lucas Prana and the Gypsy Vayus, Vic-Star, As All Else Fails, Richie Bronson and Corey Snipes.

F you're not listening to the live music or taking part in our sporting activities make sure to look around at the collection of booths that support our community such as Yuba College, St. Helena Hospital Clear Lake, Family Life Magazine, Planned Parenthood, Children's Museum of Arts and Sciences (CMAS), the Art Gallery, The Harbor On Main, Lake County Office of Education and much more.

Vendors with offerings such as food and children's toys and clothing also will be available in the park.

Come down, have some fun and bring unity to the community as part of empowering the youth for a brighter and better future for Clearlake and Lake County.

For more information contact Bruno Sabatier at 707-695-0834 or at This email address is being protected from spambots. You need JavaScript enabled to view it. .

Follow the event on Facebook at www.facebook.com/PowertotheYouth .