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KELSEYVILLE, Calif. – The case against a Kelseyville man arrested last month after shooting a man who came onto his property has been dropped, according to the county's chief deputy district attorney.
Nickolas Leone, 48, was arrested on July 10 for felony discharging a firearm in a negligent manner for shooting John Allen Kniss, 32, of Kelseyville, as Lake County News has reported.
Leone later was investigated for an additional count of felony assault with a firearm, according to Chief Deputy District Attorney Richard Hinchcliff.
The sheriff's office reported that the confrontation allegedly resulted after Kniss – who had been making threats over a woman Leone was seeing who previously had dated Kniss – drove onto Leone's property at a high rate of speed and tried to force his way through a gate.
Leone got his shotgun, told Kniss to leave and fired a warning shot, which Kniss ignored. He then shot Kniss in the arm and shoulder at a distance of 80 to 100 feet before Kniss fled the property, according to the original report.
Kniss was picked up about a week later on a misdemeanor bench warrant for battery on a spouse, false imprisonment and vandalism. At that time he still had several pellet wounds in the left arm, shoulder and chest from the incident, and admitted to authorities that the incident had occurred, officials said.
However, after reviewing the case, Hinchcliff decided that he would not formally charge Leone in the case.
He said Thursday that the evidence showed that Kniss had made threats earlier in the day. “There was a prior history of violent or potentially violent conduct” between Kniss and his ex-girlfriend, who had more recently been dating Leone.
Ultimately, Hinchcliff decided he would not be able to convince a jury that Leone wasn't acting in reasonable self-defense.
“I'm not necessary saying that he acted in reasonable self-defense,” Hinchcliff was quick to add.
“The decision I made is based solely on the facts of this case and is in no way meant to imply that if someone comes on your property you can shoot at them,” he emphasized.
Hinchcliff said a felony case is pending against Kniss for felony evasion, driving under the influence and using force or violence against peace officers from an incident earlier this year.
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The incidents occurred during a series of pot eradications carried out early Wednesday morning in the 3000 block of Branscomb Road of Laytonville, according to Capt. Kurt Smallcomb of the Mendocino County Sheriff's Office.
The name of the dead man was not released.
Smallcomb said the Mendocino County Sheriffs Office Marijuana Eradication Unit, along with patrol deputies and detectives, was assisted by the Major Crimes Task Force, Mendocino County Special Weapons and Tactics Team, Mendocino County Probation, Homeland Security, Drug Enforcement Agents, Alcohol,Tobacco and Fireams agents and Forest Service agents in serving a search warrant at the Branscomb Road address just west of Laytonville.
The search warrant was for a large marijuana cultivation operation involving armed guards and ex-felons, he said.
On arrival law enforcement conducted several residential searches on the large parcel of property. Smallcomb said several marijuana plants were seized along with firearms and other narcotic paraphernalia.
At the residential site deputies arrested several suspects, Smallcomb said.
They included Laytonville residents 52-year-old Gerald Stephenson, arrested for being a felon in possession of a firearm and ammunition, and cultivation and sales of marijuana; David Higgs, 50, arrested for possession of a controlled substance, possession of an assault rifle and tampering with a firearm serial number; and 41-year-old Kelly Dutra, arrested for cultivation and sales of marijuana. Also arrested was 22-year-old transient Delfino Contreras on an immigration violation.
Smallcomb said the suspects were transported and booked into the Mendocino County Jail.
Law enforcement then proceeded to two large marijuana grows which were identified as part of the same investigation, he said.
At the upper site officers encountered numerous armed suspects tending to the garden. A total of 426 growing marijuana plants were located and eradicated at this location. Smallcomb said several firearms and ammunition were further recovered.
It was at that location that the officer-involved shooting took place. Smallcomb said the Mendocino County District Attorney along with the California Department of Justice are investigating the incident.
Law enforcement also was investigating a lower site at approximately the same time as the upper site when the firefight ensued, Smallcomb said.
There was no evidence located which revealed anyone was shot or injured during the armed encounter, which Smallcomb said the Mendocino County District Attorney and the California Department of Justice are investigating.
At the site of the gun battle a total of 1980 marijuana plants were eradicated and a firearm and ammunition were recovered, Smallcomb said.
Smallcomb said the investigation is continuing.
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LUCERNE, Calif. – A Lucerne man has been arrested after allegedly claiming that he contaminated food in the produce section at the Lakeport Safeway this week.
Roger Bart Gordon, 46, was arrested at 1:30 p.m. Thursday in Lucerne for making malicious statements of mingling a harmful substance with food or drink, which is a felony, according to Capt. James Bauman of the Lake County Sheriff's Office.
At the time of his arrest, Gordon also was found to be in possession of a nonprescribed controlled substance, another felony charge. Bauman said Gordon was booked on both charges at the Lake County Jail, where he remained in custody with bail set at $10,000.
Specifically, Gordon had made statements that he had intentionally put fecal matter on produce items at the store, Bauman said.
The Lakeport Safeway closed its produce session temporarily after it received a report about Gordon's allegations, corporate spokesperson Susan Houghton told Lake County News on Wednesday.
She said the company took any threats seriously, and accordingly the section was shut down for part of Wednesday for cleaning and replacement of food products.
Bauman said that the issues that led to Gordon's arrest began on Tuesday morning, when sheriff's deputies responded to the Lucerne Community Clinic on Highway 20 where Gordon allegedly was creating a disturbance.
Deputies contacted Gordon at the scene and told him not to return to the clinic, but later that afternoon he returned anyway, which Bauman said resulted in the deputies going back to the clinic and transporting Gordon to Sutter Lakeside Hospital for a mental health evaluation.
Bauman said the hospital subsequently discharged Gordon who, while at the hospital, told staff he was having irrational thoughts. Those thought included considering going to the Lakeport Safeway with feces on his hands and touching the produce.
Sheriff's deputies contacted the Lakeport Safeway management on Wednesday morning about Gordon. Bauman said that while the investigation didn't positively conclude that the produce had been contaminated, Safeway still purged and sanitized the produce section as a precaution.
The Sheriff’s Department reminded all consumers to be mindful of any food product that comes into contact with others. Fresh food products in particular, should always by thoroughly cleaned before consumption.
Bauman confirmed to Lake County News that the sheriff's office has had several previous contacts with Gordon.
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Michelle Lynn Davis, 25, reached the plea agreement with the Lake County District Attorney's Office late last month, according to Deputy District Attorney Rachel Abelson.
On July 21 she made the plea, with Judge Stephen Hedstrom sentencing her to three years probation, 45 days in jail, 360 hours of work and community service, a restitution fine of $100 and an agreement to repay her former employer, Shannon Ranches Inc., $50,000 in restitution, Abelson said.
Davis' attorney, Kristine Burk of Sebastopol, did not return a phone call seeking comment.
Davis was arrested in January 2008 and originally charged with felony embezzlement and a special allegation for having allegedly taken more than $150,000 from the Clearlake Oaks-based Shannon Ranches, a vineyard management company where she had worked for five years, as Lake County News has reported.
Clay Shannon, who owns Shannon Ranches along with wife Margarita, said Wednesday that the amount Davis took was more like $240,000.
Abelson said the case against Davis alleged that between March 14, 2006, and Dec. 14, 2007, Davis had taken funds from the company.
Davis allegedly was using a company-issued credit card for shopping, vacations for herself and her boyfriend to Disneyland as well as out-of-country trips, and had also issued herself extra checks, Abelson said.
Abelson, who is familiar with forensic accounting and handles many of the embezzlement cases prosecuted through the District Attorney's Office, said Davis was smart at hiding the funds she allegedly was taking.
Eventually, however, the fact that money was missing came to light. “When their bills weren't getting paid, that's when it kind of came to a head,” Abelson said.
Abelson said a trial had been under way in the spring. “I was almost done with my evidence, we just had one more witness,” she said.
But that last witness, Margarita Shannon, became ill and Abelson said a mistrial resulted.
A new trial was set to start July 20 but the Shannons and their attorney, Peter Windrem, asked that the case be pleaded out as a misdemeanor so they wouldn't have to participate in a trial, Abelson said. They also came to an agreement with Davis and her attorney on the $50,000 restitution.
Clay Shannon said he's glad the matter is over with and behind he and his family, but added that Davis “got off easy.”
He said he was upset that the case took so long to come to a close.
However, Shannon said, “Margarita and I just have too many great things going on” in their business and here in the county.
“Times are tough in this economy and we have no time to spend goofing around in trial,” he said.
Abelson said Judge Hedstrom wants Davis monitored, and has scheduled a hearing for Dec. 13 to determine her restitution payments and keep track of her situation.
The hearing was set at that time to give Davis the opportunity to serve her 45 days in jail. Abelson said Davis is eligible to sign up for electronic home monitoring.
If Davis doesn't repay all of her restitution during her probation period, Abelson said a civil judgment can be issued for what's still owed.
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