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LAKEPORT, Calif. – A Clearlake man could receive a life prison sentence for his conviction last week in a 2009 burglary case.
Last Friday a jury found Joseph Michael Girk, 47, guilty of burglarizing two separate homes in Clearlake in September 2009, according to the Lake County District Attorney's Office.
The jury also determined that Girk committed thefts at both residences, which constituted two additional felony convictions, the District Attorney's Office reported.
Girk is scheduled to be sentenced on Oct. 19. Under California’s “Three Strikes Law,” because Girk had at least two prior strike offenses at the time he committed the four new felonies, he may face life in prison as a result of these most recent convictions.
His attorney, Barry Melton, declined to comment on the case.
Girk, who was arrested on Sept. 7, 2009, remains in custody awaiting the sentencing hearing.
Both residential burglaries occurred in September 2009.
The evidence at trial revealed that Girk entered the two homes when the residents were not present and stole jewelry and other items once inside.
Sgt. Dominic Ramirez of the Clearlake Police Dept. spearheaded the investigations into both burglaries.
The jury announced their unanimous verdicts on Friday, Aug. 10. Senior Deputy District Attorney John DeChaine prosecuted the case. Judge Andrew Blum presided over the jury trial.
The District Attorney’s Office also had alleged several special allegations against Girk, including that Girk had been convicted of three prior residential burglaries in 2001 and that he had served three separate prison sentences prior to the two burglaries for which he stood trial this year.
The three prior prison terms were for a second degree burglary conviction in 1989, a receiving stolen property conviction in 1994, and the three residential burglaries in 2001.
The jury was not aware of the defendant’s prior criminal record when they returned their unanimous guilty verdicts on Aug. 10.
In a separate proceeding, on Tuesday, Judge Blum found that the District Attorney’s Office proved the special allegations that the defendant had in fact suffered the three prior strike convictions as well as the three prior prison terms beyond a reasonable doubt.
The three prior residential burglaries also were to Lake County homes, the District Attorney's Office reported.
Residential burglary is categorized as a strike in California and Girk now has been convicted of five such strike offenses, according to the District Attorney’s Office.
CLEARLAKE OAKS, Calif. – Officials said Wednesday afternoon that the stretch of Highway 20 east of Highway 53 to Interstate 5 has been reopened to through traffic.
The portion of highway between Highway 53 and Highway 16 has been only open to single-lane, escorted traffic since Monday, when it was reopened in the wake of the Wye Fire.
The fire had burned 7,934 acres by Wednesday morning, with 70 percent containment, according to Cal Fire.
The highway was reopened as of 2 p.m., according to county and fire officials.
The maximum speed limit in the areas of the fires is 45 miles per hour and will be enforced by the California Highway Patrol.
The public is asked to use extreme caution when driving in areas where crews are working to provide for firefighter safety.
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CLEARLAKE OAKS, Calif. – As firefighters continued to gain ground on the Wye Fire on Wednesday, residents of another evacuated area were allowed home.
Cal Fire said the Wye Fire has hit 7,934 acres, with containment at 70 percent Wednesday morning.
The Wye Fire incident includes two fires being managed as one: the Wye Fire – burning near Highway 20 and Highway 53 – and the Walker Fire, near Walker Ridge Road, inside both Lake and Colusa counties.
At 10 a.m. Wednesday the evacuation order was lifted for the Wilbur Hot Springs area. Spring Valley residents, who had been evacuated on Sunday, were allowed to go home the following day.
Another injury was reported on the incident Wednesday, bringing the total to three, according to Cal Fire.
No additional damage to homes or property has been reported.
Fire personnel on scene Wednesday included 1,219 fire personnel from Cal Fire and many other agencies, 157 engines, 28 fire crews, two air tankers, eight helicopters, 24 bulldozers and 14 water tenders, according to Cal Fire.
Highway 20 east of Highway 53 to Highway 16 remained under single-lane traffic control, with the California Highway Patrol continuing to escort motorists through the area due to safety concerns.
Cal Fire’s incident management team said it was evaluating its fire operations in the area of the highway, with the goal being to reopen Highway 20 to full traffic sometime on Wednesday.
Cal Fire still as not reported what caused the fires, which remain under investigation.
Lake County remains under an air quality alert on Wednesday for “moderate” to “unhealthy for sensitive individuals” conditions due to the fires, particularly in the Northshore, Clearlake and the county’s eastern areas, according to the Lake County Air Quality Management District.
For information about highway closures, call Caltrans at 800-427-7623; the Wye Fire Call Center can be reached at 707-967-4207 or 707-967-4208; Lake County Air Quality Management can be reached at 707-263-7000.
Email Elizabeth Larson at
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CLEARLAKE OAKS, Calif. – Containment doubled on the Wye Fire over the course of Tuesday, as more than 1,200 firefighters worked on the incident, burning east of Clearlake Oaks.
The Wye Fire consists of the Wye and Walker fires, both of which were sparked on Sunday afternoon. The fires are located near the intersection of Highway 20 and 53 and Walker Ridge Road.
Cal Fire Incident Management Team 4 reported Tuesday night that the fire acreage had remained at 7,000 acres, with containment increasing to 60 percent.
The Walker portion of the fire, burning both in Lake and Colusa counties, required some evacuations for Bear Valley Road, north of Highway 20, and Wilbur Hot Springs Road.
Those evacuations remained in place on Tuesday, Cal Fire said, a day after Spring Valley residents who were evacuated due to the Wye portion of the fire were allowed to return home.
There were 1,219 fire personnel on scene Tuesday, along with 157 engines – of which 124 were from dozens of other fire agencies around the state – 28 fire crews, two airtankers, six helicopters, 24 bulldozers and 14 water tenders.
Cal Fire said the cause of the fires remains under investigation.
The fire had burned on both sides of Highway 20, hitting utility lines and poles.
Pacific Gas & Electric spokesperson Brittany McKannay said the company has been working closely with Cal Fire to mitigate the potential for power outages.
“So far we’ve been fairly successful in doing that,” she told Lake County News on Tuesday.
McKannay said PG&E didn’t have any significant outages due to the fire.
On Monday PG&E crews had been working on poles near the entrance of Spring Valley, where firefighters were working on mop up around a burn area.
The crews were working on pretreating power poles to minimize the chance of the poles catching fire, McKannay said.
Because of the Wye Fire, Lake County Air Quality Management issued an air quality alert for Wednesday, when conditions are to be “moderate” to “unhealthy for sensitive individuals.” Areas closer to the fires – the Northshore, Clearlake, and the county’s eastern portions – are of particular concern.
Air quality conditions had improved on Tuesday. While areas close to the fire experienced “significantly degraded air quality,” Air Pollution Control Officer Doug Gearhart reported that most areas of Lake County experienced good to moderate air quality, with particulate levels not exceeding state health-based air standards.
The district said weather forecasts are predicting favorable west winds that will push smoke out of the Lake County air basin most of Wednesday. However, because there is a chance the smoke could settle in the air basin overnight, smoke could linger Wednesday morning before the wind resumes.
For information about highway closures, call Caltrans at 800-427-7623; the Wye Fire Call Center can be reached at 707-967-4207 or 707-967-4208; Lake County Air Quality Management can be reached at 707-263-7000.
Email Elizabeth Larson at
LAKEPORT, Calif. – A Clearlake man originally charged with murder in a fatal June 2011 shooting that killed a child and wounded five others was sentenced on Tuesday to lesser charges as part of a plea agreement.
Judge Stephen Hedstrom gave Kevin Ray Stone, 30, the upper term of 10 years and four months for his involvement in the incident, which included driving 24-year-old Orlando Lopez Jr. and 22-year-old Paul Braden, both of Clearlake Oaks, to the scene of the fatal shooting in Clearlake on June 18, 2011.
The shooting killed 4-year-old Skyler Rapp; injured his mother, Desiree Kirby; her boyfriend, Ross Sparks; his brother, Andrew Sparks; Ian Griffith; and Joseph Armijo.
The sentencing hearing was continued to Thursday due to questions about how much time credit Stone would receive under the state’s new correctional realignment rules.
Stone reached a plea agreement last fall with District Attorney Don Anderson and, as a result, he pleaded no contest to conspiracy to commit robbery, accessory to murder and possession of a .22-caliber rifle by a prohibited person. He also agreed to testify in the joint trial of Braden and Lopez.
In June Braden and Lopez were found guilty of 15 felony counts and numerous special allegations, and last week were sentenced. Braden received 312 years, Lopez 311 years.
Judge Hedstrom began by denying defense attorney Komnith Moth’s request that Stone be temporarily released to visit a San Francisco drug rehabilitation program.
Hedstrom said that such a program would have been a part of probation. Considering that Stone had pleaded no contest to conspiracy to commit first-degree burglary, “For him to even get probation, the court’s going to have to find unusual circumstances,” Hedstrom said.
Moth said Stone offered his “deep condolences” to the little boy’s family for their loss. He said Stone had two small children and had nothing but the utmost sympathy for the child’s family.
Stone, Moth said, was glad that Anderson had gone after the individuals who were responsible.
“His testimony was essential in securing the convictions for the other two codefendants,” Moth said of Stone, adding that Stone’s statements placed Lopez and Braden at the scene, and identified Braden as the shooter.
Hedstrom noted in court that Stone had 14 misdemeanor convictions and no previous felonies.
Reading from a statement that Stone had submitted to the court, Hedstrom said Stone called himself a drug addict who had been involved with drugs for 10 years. He feared his life would end if he didn’t stop, and he blamed his drug use for making a lot of poor decisions.
“He is begging for one chance at drug treatment,” said Hedstrom.
Hedstrom said that several things jumped out as he considered Stone’s statement. “It was basically about him,” he said.
Stone’s numerous misdemeanor convictions included multiple drunk driving or “wet reckless” cases, failure to appear, possession of drugs and paraphernalia, driving on a suspended license, riding a bicycle under the influence, possession of a switchblade, possession of a stolen vehicle and, more recently, domestic battery and assault with a deadly weapon.
“He’s been given chance after chance after chance after chance at probation,” and has done significant stints in the county jail, which didn’t appear to have an effect, Hedstrom said. Stone also had 17 probation violations.
Putting all of that together, Hedstrom said Stone didn’t qualify for probation.
Stone was part of a conspiracy to commit a robbery. “This conspiracy ultimately led to the death of a child, someone who couldn’t live out a life beyond the age of 4,” said Hedstrom.
“When you conspire to commit a robbery with a firearm, it should not blindside you that violence may occur,” Hedstrom said.
Stone was armed and, while he did not personally inflict the injuries, his accomplices did and he remained an active participant. “He wasn’t dragged to that scene. In fact, he drove the other two ultimate killers to the scene,” Hedstrom pointed out.
On that drive Stone stopped to retrieve his own firearm, a .22 rifle, from the apartment he shared with his girlfriend, Hedstrom said, reading from a case summary.
Hedstrom also noted Stone’s substance abuse problem, including alcohol, marijuana, mushrooms, Ecstasy, cocaine and methamphetamine, and his history of committing thefts and cultivating drugs to support his habit. He said Stone poses a substantial danger to society if not imprisoned.
After discussing those aggravating factors, Hedstrom considered the factors in mitigation, including Stone’s cooperation with the prosecution and his testimony in trial.
However, Hedstrom pointed out that Stone’s cooperation gave him a “very substantial benefit” because it prevented him from getting life in prison. “He had some very real liability.”
While Stone said he didn’t want to hurt Skyler Rapp or his family, he went to a scene armed and, “all of a sudden, guns are blazing,” said Hedstrom, pointing out that Stone didn’t disassociate himself at that point, but remained a part of the conspiracy, driving Lopez and Braden from the scene.
Hedstrom sentenced Stone on the charges to which he had pleaded no contest, and also ordered he pay $2,000 in restitution, and stayed a second $2,000 restitution fine unless Stone’s eventual parole is revoked. Stone will receive 405 days of credit for time already served.
A probation officer pointed out different credit parameters for the conspiracy charge, which is a serious felony, which threw off Hedstrom’s initial calculations on how much presentence and post-sentence time credit Stone would receive. Those issues arose from new legislation established to support correctional realignment.
“This is a perfect example of how complex this stuff has gotten,” said Hedstrom.
Hedstrom continued the sentencing hearing to 3 p.m. Thursday, Aug. 16, at which time Stone’s final time credit amounts will be determined.
Email Elizabeth Larson at
LAKEPORT, Calif. – Lakeport resident and retired Highway Patrol Commander Steve Davis culminated an award winning week by capturing “Best of Show” honors at the Atlantis Hotel & Casino last Saturday night during Hot August Nights in Reno, Nev.
Davis’ award winning car, a 1955 Chevy Bel Air hardtop also received Best of Show Finalist at the Peppermill Casino, and was judged “Best of Class” Friday night at the Atlantis.
Hot August Nights, in its 26th year, is one of the most elite Hot Rod & Custom Car Shows in America, drawing some 6,000 entries each year.
The weeklong event which involves seven major casinos in the Reno/Sparks Area draws thousands of classic car enthusiasts from throughout the United Sates.
The reconstruction of his vehicle, which took over three years, was a tribute to his brother Tim, who purchased the car in 1963 and died in 2004.
The renovation was performed by Nissen’s Hot Rod Garage in Williams, Calif.; paint by B & J Auto Body in Folsom, Calif; and interior by Al’s Custom Upholstery, Lower Lake, Calif.
This was Davis’ first entry into the competitive arena of rod and custom vehicles, however, he plans to enter the car in the Good Guys West Coast Nationals in Pleasanton later this month, and the Route 66 Rendezvous in San Bernardino in September.
The Route 66 Rendezvous will be a return to the area where Davis and his brother enjoyed many fond memories while cruising as teenagers.
