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News

Man loses appeal of sentence for gang attack

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Written by: Elizabeth Larson
Published: 24 November 2008
LAKEPORT – A Lakeport man has lost his appeal of a conviction handed down earlier this year for attacking and stabbing a man during a March 2007 gang attack.


On Monday, First Appellate Court justices agreed unanimously in a three-page decision to uphold the 15-years-to-life sentence that Ricardo Tapia Muniz, now 20, received from visiting Judge Galen Hathaway on May 2.


Muniz was prosecuted for stabbing and critically injuring then-19-year-old Clearlake Oaks resident Alex Larranaga near Library Park on March 16, 2007.


The prosecution had alleged that Muniz and four fellow defendants had attacked Larranaga – who had just emerged from a nearby restaurant where he had dinner with his family – because they believed his brother was a rival gang member and thought he had "flashed" gang signs at them.


In an agreement with the District Attorney's Office, Muniz pleaded guilty to aggravated mayhem and an enhancement that he committed the crime for the benefit of a criminal street gang. In exchange for the pleas, an attempted murder charge and a special allegation of causing great bodily injury were dismissed, according to court documents.


On May 28, Muniz filed his appeal, in which his attorney raised no specific issues with the prosecution but asked for an independent review of the case record, the justices noted in their decision.


"We discern no error in the sentencing," wrote Justice Ignazio Ruvolo. "The refusal to grant probation, and the sentencing choices made by the trial court were consistent with applicable law, supported by substantial evidence, and were well within the discretion of the trial court."


Justice Ruvolo added that the restitution fines and penalties amounting to $2,000 imposed against Muniz were supported by the law and facts, and that Muniz was represented by an attorney at all times.


The District Attorney's Office said in May that the sentence requires that Muniz serve a minimum of 15 years before he is eligible for parole.


Muniz, according to court documents, is serving his sentence at San Quentin State Prison.


E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it..


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CHP urges motorists to plan ahead for holiday travel

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Written by: Lake County News Reports
Published: 24 November 2008
LAKE COUNTY – The California Highway Patrol (CHP) reminds motorists to plan ahead this holiday and help make the state’s roads a safer place.


“Thanksgiving always produces a high volume of traffic; therefore, the CHP intends to provide as much visibility as possible in order to ensure a safe holiday weekend,” said CHP Lt. Mark Loveless, commander of the Clear Lake Area office.


The official Thanksgiving holiday driving period begins at 6 p.m. Wednesday, Nov. 26, and continues through midnight on Sunday, Nov. 30. During this time the CHP will implement the Maximum Enforcement Period (MEP), putting every available officer on the road.


“Be well rested when you start and allow extra time in case of congested traffic,” said Loveless. “Drive safe, drive sober and wear your seat belt.”


In addition to busy roadways, inclement weather is another obstacle motorists may encounter. Rain, fog, wind and snow have been known to create not only frustrating, but hazardous conditions for drivers. Those traveling through the mountains should carry chains in their vehicle.


Last year, during the Thanksgiving MEP, 41 people died in 4,337 collisions that occurred in California. More than half of the vehicle occupants killed were involved in alcohol-related collisions.


“Thanksgiving is a time for us all to be thankful for what we have. If fewer people lose their lives on our roads and highways, I will have something else to be truly thankful for," said CHP Commissioner Joe Farrow.


Another sobering statistic, 1,628 people were arrested by CHP officers for driving under the influence last year over the Thanksgiving holiday; a nearly 2.5-percent decrease from the same time period the previous year.


The Thanksgiving MEP is also an Operation Combined Accident Reduction Effort (CARE) holiday. Operation CARE is a joint program of the nation’s highway patrols that promotes safe driving on interstate highways during holiday periods.


CARE highways in California include Interstates 80, 40, 15 (San Bernardino to the Nevada border) and 5 (Bakersfield north to the Oregon line).


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Community members speak on HVLA lockout; association responds to union

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Written by: Aimee Gonsalves
Published: 23 November 2008
HIDDEN VALLEY LAKE – The Hidden Valley Lake Association Board meeting on Nov. 20 drew residents from around the community concerned about the recent lockout of association workers affiliated with a union. {sidebar id=108}


There was a mixed point of view as far as what should be done concerning the lockout of union workers, which began last weekend, as Lake County News has reported.


HVLA workers at the meeting who are affiliated with Laborers International Union of North America Local 139 stated that the lockout occurred after a scheduled meeting between the two sides was canceled due to the union representative being sick.


Lawyers for the union workers contacted HVLA to inform them of the representative's illness but the association reportedly sent someone to the negotiation meeting any way. The lockout occurred shortly afterward, according to union workers.


In a press release given to community members late last week, HVLA General Manager Jim Johnson said the association locked out the union personnel “because of financial concerns regarding the ongoing union contract negotiations.”


Johnson stated in the press release, “These concerns are based on the $644,644 loss the golf course experienced in 2007 and the loss of $424,325 through September of this year.”


The statement said the lockout will end and employees will be allowed to report back to work as soon as HVLA management and the union can reach an agreement regarding salaries, cost of living increases and benefit payment allocation.


On Thursday evening, the HVLA board heard from many people on the subject, some siding with Hidden Valley Lake, but most came to speak on behalf of the union workers.


Hal Muskat, who has lived in Hidden Valley Lake for 12 years, described what is happening as “horrible.”


Muskat said that the work done by the union personnel is what justifies homeowners in Hidden Valley Lake paying their association dues.


He suggested that residents withhold their association dues from HVLA and instead put their money into an escrow account. This way, Muskat said, people are still paying, but the association can't get its hands on the money until the union workers are put back to work.


Another resident suggested that the golf course be boycotted until union workers were able to do their jobs again.


The board also heard from an emotional Lora Darling, wife of one of the golf course maintenance workers who is currently part of the lockout.


The Darling family will not be able to have Thanksgiving this year and with Christmas just around the corner they fear that the holiday will be ruined for their family as well, she said.


Darling pleaded with the board to put unionized employees back to work as this lockout is really hurting her friends, neighbors and family.


HVLA has offered union workers their vacation pay now to try to help with the financial hardship of the lockout, but many workers didn't agree with this offer, as they said they work hard for their vacations and didn't to use them that way.


After the open session time was ended by HVLA Board President Don Dornbush, most of the union workers left all at once. “You guys are a disgrace!” were their parting words to board officials.


On Nov. 19, HVLA released a list of comments relating to union negotiations.


Among other things, the association stated that, as of Oct. 31, union personnel were paid about $77,600 a year more than the union contract requires. Officials also maintain that they have not requested or suggested that the hourly rate of any union member be reduced.


The association stated that HVLA management suggested to the union that they be allowed to consider full-time employment as 32 hours per week – which is the same as all other HVLA employees – as opposed to the current guaranteed 40 hours per week. The reason, according to HVLA, was that reducing the hours was an alternative to laying off personnel. They said the union did not agree with the recommendation.


HVLA management said it has proposed a 4-percent pay increase effective Nov. 1 and a 3-percent increase effective for each of the other two years of the contract, which is consistent with what the rest of the staff will receive.


The union has reportedly requested that HVLA pay the entire benefit packet of over $6 per hour worked for each employee, which the association says will amount to about $163,000 for union employees. This is in addition to their hourly rate of pay, and could equate to $12,480 per employee per year.


Responding to comments Local 139 business manager Dave George made to Lake County News last week, HVLA said that both sides – not just the association – have introduced lawyers into the negotiations process this year.


HVLA officials also stated that the association has not refused to advise the union as to the salary of each union employee, as George had stated. The association said it provided more than 2,000 pages of documents that Local 139 had requested; when the union again requested salary information, it was provided on Nov. 3.


The lowest salary being paid for any union person is $11.60 per hour, according to HVLA, which it said exceeds the required union contract rate of $9.56 per hour.


“In fact, all union personnel are paid more than the required union contract rate,” the association stated. “The average pay for all union personnel is 20 percent above the required union contract hourly rate. The rate of pay for union personnel currently ranges from $11.60 to $21.20 per hour.”


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Habitat for Humanity names new executive director

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Written by: Lake County News Reports
Published: 23 November 2008

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Richard Birk, left, welcomes Joe Cunningham (right) along with Habitat for Humanity
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