Judge Arthur Mann sentenced Donald Kirk Horne, 32, of Nice to seven years, four months in state prison for participating in a gang-related assault, evading a police officer and driving under the influence, according to Chief Deputy District Attorney Richard Hinchcliff, who prosecuted the case. Defense attorney Doug Rhoades represented Horne.
On June 3, 2006, Horne and several other members of a documented local Sureno gang, the Street Villians – also known as STV – approached a 28-year-old male near the Prestige Tattoo shop in Lakeport, according to investigation reports and witness accounts. Horne and the other gang members reportedly stated they were “Street Villians,” and all of them attacked the victim by punching and kicking him.
Hinchcliff said when the victim's 19-year-old girlfriend attempted to stop the attack by pulling Horne away from the victim, Horne punched her numerous times in the face and head.
According to the victims, Horne and other gang members had approached both victims in the Bruno's parking lot six months earlier, flashed gang signs, claimed to be Street Villians, and challenged the victim to fight.
An independent witness who was standing about 20 feet from the assault corroborated the victim's statements, Hinchcliff said.
The assault was investigated by Norm Taylor, a gang expert with the Lakeport Police Department. Taylor confirmed that Horne was a documented gang member with a prior history of gang-related criminal activity.
Horne also was charged with felony evading a peace officer and driving under the influence of alcohol.
According to investigation reports, on May 30 CHP Officer Kory Reynolds observed Horne speeding on Highway 29 near Kelseyville. When Reynolds attempted to pull Horne over, Horne tried to evade him by driving approximately 80 miles per hour on Highland Springs Road.
During the pursuit, Horne failed to negotiate a turn and rolled the vehicle over, leaving his passenger hanging upside down in the vehicle, according to Hinchcliff's report. Horne then attempted to convince officers that someone else was driving. It was determined Horne was driving under the influence of alcohol he had consumed after a softball game.
On June 16 Horne pleaded guilty to felony evading, misdemeanor DUI, and a felony charge of actively participating in a criminal street gang and promoting, furthering and assisting in felony conduct by gang members, said Hinchcliff.
In addition, Horne admitted having suffered a prior "strike" conviction in October 2000 for participating in a criminal street gang and assault on another person causing serious bodily injury. The prior strike conviction serves to double the sentence imposed for a new felony.
That 2000 conviction was for an assault on July 4 of the previous year, when Horne and the Street Villains jumped a group of young men they thought were Nortenos in Lakeport. The young men turned out to be visitors, according to a previous report from Lt. Brad Rasmussen. One of the men was significantly injured.
At sentencing on Monday, Horne asked the court to sentence him to less than the upper term in prison. Hinchcliff, in turn, asked the court to sentence Horne to the upper term because of his extensive criminal history, extensive background in gang-related activity and for the protection of the public.
Judge Mann sentenced Horne to the upper term, doubled for the prior “strike” conviction, for a total term of seven years, four months in prison.
Because of the prior strike conviction, Horne will be required to serve at least 80 percent of that time, rather than the usual 50 percent after good time and work time credits, said Hinchcliff.
Horne, Hinchcliff said, will be sent to San Quentin for processing and assignment to a prison for the remainder of his sentence.
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