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Eddie Lee Gillespie, 51, of Clearlake was due in Lake County Superior Court on Friday morning for a preliminary hearing in connection with the May 25 shooting death of his estranged wife, Tracey Gillespie, 52, of Clearlake Oaks.
Eddie Gillespie is charged with murder and a special allegation of using a gun, and a lesser included offense of assault with a firearm and special allegations of using a firearm and causing great bodily injury, according to Chief Deputy District Attorney Richard Hinchcliff, who is handling the case.
Gillespie faces a maximum of 50 years to life if convicted of all charges, Hinchcliff said.
The case began the day in Judge Andrew Blum's Department 3 courtroom, but an apparent backlog of cases prevented the case from being heard in the morning.
Blum arranged to have it transferred to Department 2 and Judge Richard Martin, who took up the case around 2 p.m., with friends and family of the defendant and the victim having followed the case from one courtroom to another.
When Martin took up the case, he asked, “Are both sides ready to go?”
Gillespie's attorney, Stephen Carter, indicated he was ready but he had a new concern.
That afternoon one of the correctional officers brought Carter information that caused him to question Gillespie's mental competence, or his ability to understand what is taking place in the court proceedings – a different matter altogether from sanity.
“It appears to me that he is deteriorating,” said Carter.
As a result, Carter said he had “a significant doubt” regarding Gillespie's competence, with the additional concern that Gillespie would be incapable of assisting in his own defense.
Martin asked if Gillespie had a different opinion. Carter say he may. Gillespie remained silent throughout the hearing.
Carter said he and Hinchcliff agreed to have two doctors evaluate Gillespie. Martin suggested they use the services of Dr. Chris Fischer, who lives in the county and whose thorough work has impressed the judge. Martin suggested they also go with Dr. Douglas Rosoff, who lives in close proximity to the county, which could help the evaluation be completed more quickly.
Martin temporarily suspended the criminal proceedings until the doctors can evaluate Gillespie's competency.
Noting that the general turnaround for such evaluations is three to four weeks, Martin added another few weeks for the prosecution and defense to review the doctors' findings. He scheduled the next hearing for a review of the findings at 9 a.m. Oct. 1 in Department 3 before Judge Blum.
Gillespie has remained in the Lake County Jail since his arrest on the day of his wife's shooting, with bail set at $1.5 million.
Martin said he was going to leave that bail amount in place until they can review the competency issues. If Gillespie is found incompetent, Martin said he might remove the bail possibility altogether.
Carter noted that it is Rosoff's habit to come to Lake County for evaluations, and emphasized that he doesn't want Gillespie to be transported out of the county.
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Following a six-day trial presided over by Judge Richard Henderson, a jury returned a guilty verdict on second degree murder against Timothy Slade Elliott, 38, who the jury also found used a knife in committing the murder, according to the Mendocino County District Attorney's Office.
The District Attorney's Office reported that Elliott encountered the victim, Samuel Billy, during a party at Shanel Drive on the Hopland Rancheria during the early morning hours of Sept. 26, 2008.
After an earlier fight involving Elliott and other subjects, Elliott and Billy engaged in an altercation during which Elliott was observed delivering a blow to Billy’s abdomen, the report explained. Billy staggered off a few feet and collapsed in the parking lot with an apparent stab wound.
Elliott fled the scene, going to the home of an acquaintance where he changed into some dirty clothes belonging to that individual, and leaving behind his own clothing and a knife, officials reported.
After police and medical personnel arrived Billy was flown to Santa Rosa Memorial Hospital where he died of the stab wound after emergency surgery, according to the District Attorney's Office.
Elliott will be sentenced on Oct. 8. He faces a sentence of 16 years to life.
The case is being prosecuted by Deputy District Attorney Rayburn Killion, with attorney Linda Thompson representing Elliott.
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Clearlake Police Chief Allan McClain said that the domestic violence situation, which was under way after midnight on Thursday, was allegedly instigated by 23-year-old Ivan Vargas.
Vargas allegedly took a loaded firearm and went to his ex-girlfriend's home in the 15000 block of 42nd Avenue. McClain said Vargas' ex-girlfriend fled the home with family members but several children were still in the home with Vargas.
The woman called police believing Vargas was still in the house with the children, McClain said.
He explained that when police arrived no one at the home would respond to them. As a result, they called in the Lake County Sheriff's Office SWAT and hostage negotiation teams.
When the teams entered the residence, they found the firearm Vargas had allegedly had with him, along with six unharmed children, said McClain.
Authorities continue to look for Vargas, who is accused of making terrorist threats. McClain described Vargas as a Hispanic male, 5 feet 5 inches tall, 220 pounds, with black hair and brown eyes.
McClain said anyone with information should call the Clearlake Police Department, 707-994-8251.
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Over the last two days fires and downed power lines are among the hazards firefighters have faced, with fires reported near Clearlake Oaks, Clearlake and east toward Spring Valley on Wednesday and Thursday.
On Wednesday evening, firefighters responded to blazes along Old Long Valley Road and New Long Valley Road, as Lake County News has reported.
Northshore Fire Battalion Chief Pat Brown said downed power lines and exploding dog pine trees challenged both local and state firefighters when they arrived at the “Valley Incident” on Old Long Valley Road and the Pomo Ranch shortly before 10 p.m. Wednesday.
Brown said the fire started when a tree fell into a power line, which tripped breakers and cut off power to the Spring Valley area.
The fire expanded into neighboring properties and had the potential to go further. He said additional equipment was requested and officials prepared for possible evacuation of neighboring residences. However, the fire was contained at a total of six acres, and none of the four structures threatened were damaged.
A second fire started from spotting from the first fire a quarter of a mile off the Pomo Ranch, and Brown said that fire, called the “Long Incident,” was quickly controlled at one acre of brush in steep terrain.
He said both fires were a unified command of Northshore Fire and Cal Fire.
Brown said Northshore Fire sent two battalion chiefs, two engines and a water tender out of the Clearlake Oaks station, one engine out of the Spring Valley station, one engine out of the Lucerne station, one engine and medic out of the Nice station and a water tender out of the Upper Lake station. Lake County Fire responded one engine under mutual aid. Total personnel responding was 21, he said.
Cal Fire also sent resources, with Brown noting that they had a full wildland response – totaling five engines – at one point.
Early Thursday evening a small fire that appeared to be a rekindle of the Old Long Valley Road fire was reported but quickly contained, according to reports from the scene.
Firefighters were on scene for several hours on Widgeon Way in Clearlake Oaks where a fire was reported burning just after 4 p.m. Power lines were down and residents in Clearlake Oaks and Spring Valley reported a power surge as a result.
Northshore Fire and Cal Fire responded, with the incident terminated at around 10:30 p.m., according to radio reports.
Pacific Gas & Electric spokesperson Brandi Ehlers said the company didn't have reports of damaged equipment from the Wednesday night fires, although they had a report of issues resulting from the Thursday fire near Widgeon Way.
In other fire news around the county Thursday, shortly before 4:30 p.m. a 50-foot area of grass was reported on fire near Ogulin Canyon Road outside of Clearlake, and was later contained.
A small brush fire was reported on Burns Valley Road in Clearlake near the Redbud Library, but radio reports indicated the fire was quickly put out shortly after 6 p.m.
The week's biggest blaze, the Indian Fire at the north end of Indian Valley Reservoir, was contained Thursday after burning for two days, according to Cal Fire. The fire was limited to 363 acres.
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