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LAKEPORT, Calif. – Police said Friday that evidence has linked a north Lakeport teenager arrested earlier that day for a burglary to a second break-in incident nearby.

Jaime Luis Mitchell, 19, was arrested Friday morning after he allegedly was caught in the act of burglarizing a home in the 100 block of S. Polk Street, as Lake County News has reported.

A man who lived at the home reportedly caught Mitchell in the act and detained him while waiting for police to arrive, Lakeport Police Sgt. Kevin Odom reported.

Mitchell, who police said has prior burglary arrests and is on probation for burglary, allegedly had burglary tools in his possession, and was booked into the Lake County Jail for a felony count of burglary, a misdemeanor count of possession of burglary tools and a misdemeanor probation hold.

Later in the morning it was reported that a home nearby, in the 100 block of S. Starr Street, also had been broken into, police said.

By Friday afternoon, Lakeport Police officers had located evidence that linked Mitchell to the S. Starr Street burglary, according to Police Chief Brad Rasmussen.

As a result of that evidence, Rasmussen said Mitchell was booked for an additional count of
first-degree burglary.

Rasmussen said his officers also developed information that Mitchell was assisted in the burglaries by two additional male subjects who are believed to be residents of Lake County.

The other two subjects have not yet been identified but officers are continuing the investigation, said Rasmussen, adding that additional information would be released as it becomes available.

Anyone with information related to the Lakeport burglary incidents is encouraged to contact the Lakeport Police Department at 707-263-5491.

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California law protects the inheritance rights of surviving spouses, registered domestic partners, and children who are unintentionally omitted (i.e., disinherited) under the will and/or living trust of a deceased person.

The law presumes that but for the fact that they were married, born or adopted (as relevant) after the execution of the will and/or trust that they would have been included. Those who qualify as an omitted heir have inheritance rights in the decedent’s estate.

Generally speaking an omitted heir is someone who was either married to, or born to, a now deceased person after that person had executed their final will and/or living trust while alive.

An omitted child is typically a natural born or adopted child of the deceased person. In narrow circumstances a step child or foster child can qualify too.

Let’s examine the omitted spouse and the omitted child separately.

A California registered domestic partner is treated the same as a spouse.

In addition, if a child who was alive when the now deceased person executed the will or trust which omitted the child may sometimes qualify as an omitted heir.

The child must prove that he or she was omitted either solely because the now deceased person was then unaware that the child was born or solely because he or she then believed the child to be deceased. The child must prove his or her eligibility to the satisfaction of the court.

A surviving spouse, domestic partner, or child, however, still does not qualify as an omitted heir in the following circumstances.

– First, if the decedent’s will or trust shows that the decedent intentionally failed to provide for the subsequent spouse or child/

– Second, if the decedent otherwise provided for the subsequent spouse or child outside of the will or trust (such as with life insurance, pay on death accounts, or substantial lifetime gifts to the surviving spouse or child).

– Third, if the surviving spouse voluntarily agreed to waive his or her inheritance rights (e.g., a premarital agreement).

– Fourth, if the deceased parent gave substantially all of his estate to the omitted child’s other parent (instead of to the child).

An omitted heir is entitled to receive an inheritance share that is equal to what they would have received had the deceased spouse died without a will or trust (i.e., an intestate share).

Thus, an omitted spouse is entitled to receive up to one-half of the deceased spouse’s separate property, in addition to his or her one-half interest in the couple’s community and quasi-community property.

The omitted heir’s inheritance comes first from the deceased spouse’s separate property that passes outside of the will or trust. If that is insufficient, then the balance comes out of the property that passes under the will and/or trust. It comes proportionately from each beneficiary’s share.

The foregoing allocation may be modified regarding any specifically gifted property using a specific gift to satisfy the omitted heir’s inheritance would defeat the deceased person’s intention.

The lesson to be learned here is that whenever a person marries or has a child that person should review their estate planning and have it updated as necessary. That way the person’s true intentions can be expressed and given effect.

Dennis A. Fordham, attorney (LL.M. tax studies), is a State Bar Certified Specialist in Estate Planning, Probate and Trust Law. His office is at 55 First St., Lakeport, California. Dennis can be reached by e-mail at This email address is being protected from spambots. You need JavaScript enabled to view it. or by phone at 707-263-3235.

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LAKEPORT, Calif. – A north Lakeport teen was arrested early Friday after he allegedly was caught burglarizing a Polk Street home by a man who lived there.

 

Jaime Luis Mitchell, 19, was taken into custody as a result of the incident, according to Lakeport Police Sgt. Kevin Odom.

 

At 5 a.m. Friday Lakeport Police officers, assisted by Lake County Sheriff's deputies, responded to an address in the 100 block of S. Polk Street in Lakeport on the report that the resident of the home was detaining a burglary suspect caught inside his home, Odom said.

 

When officers arrived they found the man had detained Mitchell, who Odom said was subsequently arrested.

 

Odom said the investigation revealed that Mitchell had allegedly entered the home through the back door. While Mitchell was allegedly in the process of taking property, the resident discovered Mitchell in his home and physically detained him while police were called.

 

Mitchell, who has prior burglary arrests and is on probation for burglary, is alleged to have had burglary tools in his possession, according to Odom.

 

He said Mitchell was booked at the Lake County Jail for burglary, possession of burglary tools and a probation hold.

 

The Polk Street incident remains under investigation, Odom said.

 

Police also are investigating a second Friday morning burglary that Odom said may be related to the one on Polk Street.

 

At 8:20 a.m. a burglary was reported in the 100 block of S. Starr Street, which Odom said is in the same area as the S. Polk Street burglary.

Odom said it is believed that Mitchell may be involved in the S. Polk Street burglary as well.

 

Mitchell was previously arrested in March 2010 for drunk driving after a car he was driving flipped near the intersection of Lakeshore Boulevard and Penelope Court in north Lakeport, as Lake County News has reported.

 

In that crash, Mitchell and two other teens were ejected from the vehicle. All were injured, including Mitchell, who had major injuries, according to the initial California Highway Patrol report.

 

Anyone with information related to the Lakeport burglary incidents is encouraged to contact the Lakeport Police Department at 707-263-5491.

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CLEARLAKE, Calif. – A Clearlake man who police have been searching for in connection with the June 18 shooting that killed a child and wounded five others has been arrested.

Kevin Ray Stone, 29, was taken into custody on a felony warrant at about 1:45 a.m. Friday by Sonoma County Sheriff's deputies, according to a report from Clearlake Police Sgt. Martin Snyder.

Snyder said Stone was booked into the Sonoma County Jail.

For nearly two weeks police have been trying to locate Stone, one of three suspects in the June 18 shooting that claimed the life of 4-year-old Skyler Rapp, and wounded his mother, Desiree Kirby, 22, along with her boyfriend, Ross Sparks, 25; his brother, Andrew Sparks, 23; Ian Griffith, 19; and Joey Armijo, 15.

Already in custody are 23-year-old Orlando Joseph Lopez and Paul William Braden, 21, both of Clearlake Oaks. Both Lopez and Braden have been charged with murder, several counts of attempted murder and assault with a deadly weapon, mayhem and numerous special allegations.

Snyder said the Clearlake Police Department received an anonymous tip from a caller who said Stone was in Sonoma County.

Clearlake Police Department, which has been working with the Sonoma County Sheriff’s Office in the effort to locate and arrest Stone, passed the information on to them, Snyder said.

As a result, deputies from the Sonoma County Sheriff’s Office and the Sonoma County Violent Crimes Unit responded to the area where Stone was reported to be, and located and arrested him, according to Snyder.

The Clearlake Police Department recognized the efforts of the Sonoma County Sheriff’s Department and all other Sonoma County Law enforcement agencies that have been working with them to locate and capture Stone, Snyder said.

He said details of the arrest will be forthcoming.

E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it.. Follow Lake County News on Twitter at http://twitter.com/LakeCoNews, on Tumblr at www.lakeconews.tumblr.com, on Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at http://www.youtube.com/user/LakeCoNews.