Friday, 08 November 2024

News

LAKEPORT, Calif. – A Southern California resident accused of shooting a local man entered pleas in the case this week.

 

Raymundo Catalan, 32, of Hollywood, is accused of shooting Lakeport resident Marshall Wisterman on Jan. 4, 2010.

 

This week Catalan's attorney, Jacob Zamora, entered guilty pleas to charges of first degree burglary and assault with a firearm.

 

In exchange for the pleas Chief Deputy District Attorney Richard Hinchcliff agreed to drop several other charges, including attempted murder, under a Harvey waiver, meaning they can be considered during sentencing.

 

Hinchcliff said the two charges Catalan pleaded to are strikes, and he already has a previous strike.

 

Catalan will get six years prison pursuant to a sentencing agreement, Hinchcliff said, adding that the time is the maximum Catalan can get for the charges to which he pleaded.

 

When Catalan appeared before Judge Andrew Blum on Monday, Blum noted that Catalan – who is on an immigration hold – also faces deportation.

 

Hinchcliff said it's believed that Catalan sold Wisterman a camera, and then came to his home several days in a row looking for Wisterman.

 

On the day of the shooting, Catalan was alleged to have shown up to Wisterman's home, where Wisterman's wife watched as Catalan entered the residence and went into the bathroom with her husband, Hinchcliff said.

 

Hinchcliff said Wisterman's wife reported that she saw Catalan with a gun before the two men went outside and the shooting occurred.

 

The challenge was that nobody saw who actually saw Wisterman – except Wisterman himself, and Hinchcliff said he wasn't cooperating.

 

Hinchcliff said Wisterman was facing a criminal case of his own – including felony domestic violence – and was concerned about going to prison and getting attacked as a snitch.

 

In the course of working on both cases, Hinchcliff said he thought the right thing to do was offer Wisterman a domestic violence charge reduced to a misdemeanor and some driving on a suspended license charges, which would have meant about a year and a half in county jail.

 

“I assumed he would jump on this,” Hinchcliff said of the offer.

 

But Wisterman didn't, and demanded more. At that point, Hinchcliff said he felt he was being blackmailed and the offer was dropped.

 

“He was trying to use this case as a way to get all the charges against him dismissed and I wouldn’t do it, because I didn't think that was right or ethical,” Hinchcliff said.

 

Wisterman has since pleaded guilty to the felony domestic violence charge and is facing prison, Hinchcliff said.

 

Wisterman's attorney, Tom Quinn, confirmed the guilty plea but could not offer more details in the interest of protecting his client's privacy.

 

Catalan's sentencing is still several weeks away. Zamora had requested immediate sentencing but Judge Blum said a probation report and recommendation first needed to be prepared, as is common before sentencings.

 

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 Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at http://www.youtube.com/user/LakeCoNews .

LAKE COUNTY, Calif. – The final list of nominees for this year's Stars of Lake County Awards was released Wednesday.

 

The list, provided by the Lake County Chamber of Commerce, includes dozens of local people, businesses and other organizations active in the community.

 

The awards dinner will take place on March 5 at Robinson Rancheria Resort & Casino in Nice.

 

The list of nominees follows.

 

Marla Ruzicka Humanitarian of the Year

1. Carolyn Wing Greenlee, Kelseyville

2. Ben Finneston, Clearlake

3. Henry Anderson, Lakeport

 

Senior of the Year

1. Edward McDonald, Lakeport

2. Ginger Frank, Clearlake Oaks

3. J.J. Jackson, Lakeport

 

Volunteer of the Year

1. Gerald Morehouse, Lucerne

2. Bill Knoll, Lakeport

3. Dawn Smith, Lakeport

4. Lorrie Gray, Kelseyville

5. Gregory Scott, Lakeport

6. Bill Stone, Clearlake

7. Iris Hudson, Clearlake Oaks

 

Student of the Year – Female

1. Veronica Wilder, Lower Lake

2. Alexis Marie Valdovinos, Middletown

 

Student of the Year – Male

1. John-Wesley Davis, Middletown

2. Tiancheng “Harry” Zhang, Lower Lake

 

Youth Advocate of the Year – Volunteer

1. Donna Nelson, Kelseyville

2. Daniel “Boone” Bridges, Kelseyville

3. Marie Henry, Upper Lake

4. Dennis and Ruth Darling, Lakeport

 

Youth Advocate of the Year – Professional

1. Michelle Meese, Kelseyville

2. Connor Snyder, Kelseyville

 

Agriculture Award

1. Scully Packing Co., Finley

2. CA Women for Ag-Lake County Chapter AgVenture Program, Lake County

3. Lake County Horse Council, Kelseyville

 

Organization of the Year – Nonprofit (nonprofit has paid staff)

1. Lakeport Speedway, Lakeport

2. AmeriCorps of Lake County, Lakeport

3. Rock of Faith Cogic Community, Kelseyville

4. VFW Post 2015, Lakeport

 

Organization of the Year – Volunteer (all volunteer staff)

1. Delta Iota Tau, Lakeport

2. Clearlake Oaks/Glenhaven Business Association, Clearlake Oaks/Glenhaven

3. Kelseyville Lions Club, Kelseyville

4. Soroptimist International Of Clear Lake, Clearlake

5. Highland Springs Trails Volunteers, Kelseyville

 

Environmental Award

1. Terry Knight, Lakeport

2. Tom Smythe, Kelseyville

3. Sarah Ryan, Clearlake

4. Marilyn Waits, Kelseyville

 

New Business of the Year

1. Riviera Fitness, Kelseyville

2. Color Splash Photos, Lakeport

3. Common Grounds Coffee House, Kelseyville

4. Sweet Freedom Sensitive Bakery, Hidden Valley Lake

 

Small Business of the Year

1. Lannette R. Huffman, DDS, Lakeport

2. Lake County Jazzercise, Middletown

3. Airport Auto Brokers, Lakeport

4. Lucerne Pharmacy & Alpine Café, Lucerne

5. Redwood Regional Medical Oncology, Lakeport

6. RAH Outdoor Media, Lower Lake

7. Middletown Florist, Middletown

 

Large Business of the Year

1. Konocti Vista Casino Resort & Marina

 

Best Idea of the Year

1. Lake County Quilt Trail, All Around Lake County

2. AgVenture, All Around Lake County

 

Local Hero of the Year

1. Aaron Wright & Rich Swaney, Cal-Trans Workers, Clearlake Oaks

2. Frank Toney (posthumously), Clearlake Oaks

3. Scott Conrad, DJ Boyd, Wyatt Ferrell, Joanie Holt, Greg Rohner, Michael Johnson, Kelseyville Response Team, Kelseyville

 

The Arts Award of the Year – Amateur

1. Cobb Mountain Artists, Cobb

 

The Arts Award of the Year – Professional

1. Susan and Kevin Byrnes, Lower Lake

2. George Waterstraat, Kelseyville

3. Pat Skoog, Lakeport

 

Woman of the Year

1. Julie Kelley, Lakeport

2. Paula Bryant, Hidden Valley Lake

 

Man of the Year

1. Brian Grey, DDS, MDS, Lakeport

2. Mark Turrill, MD, Lakeport

3. Phil Smoley, Lakeport

4. Ron Quick, Kelseyville

 

Lifetime Achievement

1. Allen Gott, Clearlake

 

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SACRAMENTO – Warning that California will not create the jobs it needs “unless we get our financial house in order,” on Monday Gov. Jerry Brown challenged state legislators to allow people to vote on his three-part plan to solve the state’s financial crisis.

 

“My intention is to make California again a leader in job creation, renewable energy and state of the art efficiency, innovation of all kinds and primary and secondary education,” Brown said in his State of the State address before a joint session of the state legislature.

 

In response, the Republicans in the Legislature indicated their willingness to work with the governor and the Democrats to get the state back on track.

 

Brown said the state must ensure that public employee pensions are fair to both taxpayers and workers, and he called for elimination of unreasonable regulations that hamper investment and job creation.

 

“Our universities are world renowned and I intend to see that they continue to enjoy the respect of students and scholars throughout the world,” Brown said. “We also have to restructure our criminal justice system, carefully realign state and local government functions, and streamline state government. All of this can happen if we find the courage and summon the will to tackle our budget deficit head on and deal with it honestly and without purpose of evasion.”

 

Brown warned that this is not a time for “politics as usual.”

 

“Voters are clearly telling us that our state and our nation are going in the wrong direction,” he said. “Yet, our two main political parties both in Washington and in California are as far apart as I have ever seen them.”

 

Brown has proposed $12.5 billion in budget cuts, temporary extension of current taxes and an historical realignment of government – a program that would require a vote of the people in a special election before it could become effective.

 

“If you are a Democrat who doesn’t want to make budget reductions in programs you fought for and deeply believe in, I understand that,” Brown said. “If you are a Republican who has taken a stand against taxes, I understand where you are coming from. But things are different this time. In fact, the people are telling us – in their own way – that they sense that something is profoundly wrong. They see that their leaders are divided when they should be decisive and acting with clear purpose.”

 

Brown said “it would be unconscionable” for legislators to block a special election.

 

“When democratic ideals and calls for the right to vote are stirring the imagination of young people in Egypt and Tunisia and other parts of the world, we in California can’t say now is the time to block a vote of the people,” he told the legislators. “In the ordinary course of things, matters of state concern are properly handled in Sacramento. But when the elected representatives find themselves bogged down by deep differences which divide them, the only way forward is to go back to the people and seek their guidance. It is time for a legislative check-in with the people of California.”

 

The governor said the voters have a right to decide whether taxes should be temporarily extended or whether additional budget cuts should be enacted, including new cuts to public schools, universities, public safety and health programs.

 

“My plan to rebuild California requires a vote of the people, and frankly I believe it would be irresponsible for us to exclude the people from this process,” he said. “They have a right to vote on this plan. This state belongs to all of us, not just those of us in this chamber. Given the unique nature of the crisis and the serious impact our decisions will have on millions of Californians, the voters deserve to be heard.”

 

Brown acknowledged that his rescue plan is not universally popular.

 

“From the time I first proposed what I believe to be a balanced approach to our budget deficit – both cuts and a temporary extension of current taxes – dozens of groups affected by one or another of the proposed cuts have said we should cut somewhere else instead. Still others say we should not extend the current taxes but let them go away. So far, however, these same people have failed to offer even one alternative solution.”

 

The governor said that he sees both difficult choices and a bright future.

 

“When we get our budget in balance, California will be in a strong position to take advantage of its many assets and its strategic location on the Pacific Rim. As the countries of Asia and south of our border continue to thrive and expand their trade, our state will play a leading role, as it always has, and reap unimagined benefits,” he said.

 

“We have the inventors, the dreamers, the entrepreneurs, the venture capitalists and a vast array of physical, intellectual and political assets,” Brown continued. “We have been called the great exception because for generations Californians have defied the odds and the conventional wisdom and prospered in totally unexpected ways. People keep coming here because of the dream that is still California, and once here, their determination and boundless energy feeds that dream and makes it grow.”

 

Assembly Republican Leader Connie Conway, who gave the GOP response to Brown's speech, said the Republican Party shares Brown's goal of passing “an honest and on-time budget.”

 

She added, “It is our hope that Gov. Brown focuses on cutting spending and on long-term reform.”

 

Conway said the state needs to break away from a failed status quo, which she said includes rejecting higher taxes and attacking wasteful spending.

 

“The people have made it clear: they don't want to pay higher taxes,” she said. “Voters have rejected every tax increase on the last two statewide ballots. It's time for Sacramento to finally to listen to the people.”

 

She said California's Republicans believe the best solution to California's problems is creating private sector jobs, which she said will be done by lifting regulations and by reducing frivolous lawsuits.

 

“For far too long, the Legislature has strangled our economy by imposing mandates, regulations and taxes,” Conway said. “It's no wonder that companies have been leaving California for other states.”

 

Conway said Republicans “look forward to working across party lines to cut the deficit, encourage new hiring and end the 'tax-and-spend' mentality with true common sense.”

 

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In a 96-1 vote, the US Senate on Thursday passed an amendment that would crack down on individuals who shine laser pointers at aircraft – an action which can temporarily blind pilots and put passengers at risk.

 

Sen. Rand Paul (R-Kentucky) was the lone voter against the amendment, introduced by Sen. Sheldon Whitehouse (D-RI) and co-sponsored by Senator Mark Kirk (R-IL) and Sen. Barbara Boxer (D-CA).

 

The legislation would make it a crime to knowingly aim a laser pointer at an aircraft, and subject violators to fines or imprisonment for up to five years.

 

“By setting tough penalties for those who try to disrupt and blind pilots with laser pointers, we are taking a major step toward improving the safety of pilots and airline passengers nationwide,” Boxer said.

 

“Shining lasers at airplanes is not a game and places passengers and crew at risk,” Whitehouse said. “With the increasing occurrence of these types of incidents, prosecutors must have strong tools to punish and deter this dangerous conduct.”

 

“This bipartisan effort is a simple solution to a life-threatening game of targeting airplanes with lasers, which continues to be on the rise,” Kirk said. “I hope this amendment serves as a wake-up call to violators and curbs this dangerous practice.”

 

In 2010, Los Angeles International Airport had the highest number of laser events of any airport with 102 reported incidents, Boxer's office reported.

 

Including LAX, California had seven airports in the Top 20 of airports nationwide in terms of reported laser pointer incidents: San Jose (80 incidents), Oakland (55), San Francisco (39), Ontario (32), Burbank (31) and Orange County (31).

 

According to the Federal Aviation Administration, the number of reports of lasers being pointed at airplanes nearly doubled in 2010 – to more than 2,800.

 

The measure, which was passed as an amendment to the FAA Reauthorization Act, exempts those using lasers for legitimate aviation purposes such as research and development, training or emergency signaling. A vote on the FAA bill is expected in the Senate later this month.

 

The amendment also was co-sponsored by Senate Commerce Committee Chairman Jay Rockefeller (D-WV) and Senators Daniel Inouye (D-HI), Dianne Feinstein (D-CA), Dick Durbin (D-IL), Chuck Schumer (D-NY), Bob Menendez (D-NJ), and Bob Casey (D-PA).

 

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CLEARLAKE, Calif. – An elderly Clearlake man reported missing early Tuesday morning was found safe following a search, but police are still looking for a handgun the man was reported to have had in his possession.

 

Clearlake Police Sgt. Tim Celli said Tuesday that police received a report shortly before 1 a.m. that 91-year-old Russell Eckels was missing from his residence in the 16000 block of 43rd Avenue.

 

Celli said Eckels' wife reported him missing, telling police that she had last seen him about 8:30 p.m. Monday when she went to bed.

 

When the woman awoke at about 12:40 a.m. Tuesday and discovered her husband wasn't there, she called the police, according to Celli's report.

 

Both the Eckels' vehicles were at the residence, but Celli said it was believed that Eckels was armed with a handgun that appeared to be missing from the home. There were no indications Eckels was suicidal, although he appears to be suffering from dementia.

 

Celli said “be on the lookout” messages were sent out to surrounding law enforcement agencies, and Clearlake Police and Lake County Sheriff's deputies checked the Avenues area throughout the night.

 

Eckels was later found in the 4100 block of Eureka Avenue, according to Celli. A Google map estimate puts the distance at about a mile from Eckels' home.

 

Celli said Eckels was transported to St. Helena Hospital Clearlake for treatment.

 

Police searched the area near Eckels' home as well as the vicinity of where he was located but found no sign of the handgun. Celli said it's still not clear if Eckels actually had a handgun in his possession.

 

Celli said the department reminded citizens to call the police department immediately at 707-994-8251 when weapons are located.

 

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LAKE COUNTY, Calif. – Lake County Sheriff's deputies arrested two men over the weekend on weapons and drug charges, along with allegations that one had a warrant for his arrest and the other a parole violation.

 

Arrested were William Ralph Smith, 40, of Kelseyville, and Santiago Garcia, 32, of Mount Vernon, Wash., according to a report from Lt. Brian Martin.

 

Shortly after 5 p.m. Saturday a Lake County Sheriff’s deputy stopped a truck driven by Smith on Lakeshore Boulevard in north Lakeport for an equipment violation, Martin said. Riding in the truck with Smith was Garcia.

 

Law enforcement records showed that Smith was on parole and that Garcia was a convicted felon with a warrant for his arrest out of Washington state. Martin said Garcia was arrested pursuant to the warrant, and a search of the truck was conducted.

 

During the search of the truck, deputies discovered a .223 caliber Sturm Ruger “Ranch Rifle” with a 30-round clip. Martin said a law enforcement records check showed that the rifle had been reported stolen to the police department in Lebanon, Ore. No ammunition for the rifle was located.

 

Also found during the search was approximately 20 grams of a white powdery substance in a metal baking sheet under the driver’s seat, Martin said. Field tests of the substance were inconclusive and the material was collected for further testing by the California Department of Justice Crime lab.

 

Martin said both Garcia and Smith were also suspected of being under the influence of methamphetamine.

 

Garcia was booked at the Lake County Jail for the Washington state arrest warrant, for being in possession of stolen property, being a felon in possession of a firearm and for being under the influence of a controlled substance. Jail records indicated that Garcia, whose bail was listed as $10,000, remained in custody on Monday.

 

Smith was booked on a no-bail parole hold, being under the influence of a controlled substance, and being a felon in possession of a firearm. He also remained in custody on Monday.

 

Lab test results of the white powdery substance are not yet available, Martin said.

 

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LAKE COUNTY, Calif. – Homeowners in Lake and 15 other California counties are now invited to apply for a 3-percent fixed interest rate 15- year loan to make energy efficiency improvements to their home as part of an energy retrofit program.

 

Applications are being accepted in Plumas, Butte, Sierra, Colusa, Sutter, Yuba, Nevada, Placer, El Dorado, Napa, Amador, Alpine, Calaveras, Tuolumne, Mariposa and Merced counties for the California Rural Home Mortgage Finance Authority Homebuyers Fund (CHF) Residential Energy Retrofit Program.

 

The energy efficiency program is funded through a $16.5 million grant awarded to CHF by the California Energy Commission State Energy Program as part of the federal stimulus American Recovery and Reinvestment Act, as Lake County News has reported.

 

CHF is contributing an additional $2 million of its own funds to the program, which is structured to create new jobs for local construction, and energy efficiency measure installation and verification trades.

 

The program includes an additional grant of 15 percent of the cost of the improvements, up to a maximum of $1,250 per home, on top of current utility rebates and tax credits, to further reduce the cost to the homeowner.

 

The grants and loans from CHF can be used for a variety of home needs, from caulking and sealing, insulation, new windows, water heaters, heating and air conditioning systems, even new roofing and full solar systems.

 

“The energy savings coupled with the low interest rate CHF loan and grants can make upgrading one’s home within reach for many homeowners,” says CHF Vice President Craig Ferguson.

 

Qualifications are fairly simple and include verification that the homeowner is current on the mortgage, property taxes and have a current source of income within the Program limits. In addition, there are no minimum credit score or appraisal requirements.

 

“The process is simple,” says Rick Wylie, President of Advanced Comfort and Energy Systems, a CHF Approved Contractor for the Program. “First we perform a comprehensive home energy evaluation to measure the current energy efficiency of all of your home’s functions. Then we provide you with a customized package of improvements that are best for your home and the energy savings you can expect to receive.”

 

The home assessment and verification after the project is completed are both provided at no charge to the homeowner, by way of the program funds. Interested homeowners are directed to contact CHF or a CHF Approved Contractor for complete program guidelines and/or to obtain an application.

 

“This is one of the most attractive programs we have ever been able to offer,” said Carolyn Holmes, CHF marketing director. “We have set aside over $9 million for loans, and $4 million for grants. That seems like a lot of money, but with applications coming in frequently, these funds won’t last long.”

 

CRHMFA (California Rural Home Mortgage Finance Authority) Homebuyers Fund – or CHF – is a California government entity with 30 member counties who are also members of the nonprofit Regional Council of Rural Counties (RCRC).

 

CHF has supported affordable home ownership in California for almost two decades, and has helped nearly 37,000 families and individuals to purchase homes.

 

For more information or to apply, please contact CHF toll-free at 855-740-8422 or visit www.chfloan.org.

 

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LAKEPORT, Calif. – A judge weighing whether or not to impose temporary sex offender registration requirements on an actor and model who exposed himself in public has set a Feb. 10 hearing for testimony to be submitted by a doctor who has worked with the man.

 

Justin Force Lazard, 44, flew out from Florida to appear in Judge Richard Martin's Department 2 courtroom on Monday morning, the same time as his trial had been set to start.

 

On Friday District Attorney Don Anderson and Lazard's defense attorney Paul Swanson appeared before Martin to present the outline of a plea deal they had reached in Lazard's case, which stems from a July 2006 incident in Library Park, as Lake County News has reported.

 

Lakeport Police officers arrested Lazard after they confronted him while he was exposing his genitals and masturbating near the children's playground in Library Park, where a juvenile and several other witnessed the incident.

 

That incident followed by roughly three weeks Lazard's arrest in Monterey County in which he was found by police to be exposing his genitals in the drive-through of a Soledad mall.

 

Regarding his Lake County case, in exchange for a guilty plea to misdemeanor lewd conduct in public, the District Attorney's Office agreed to drop two additional misdemeanor charges of annoying or molesting a child under age 18 and indecent exposure, the latter which would have required sex offender registration.

 

The additional terms of the deal include three years' probation, 30 days in county jail with 30 days credit for time served, 100 hours community service, three years' psychiatric counseling with quarterly updates on his progress and a $7,500 payment to Lake Family Resource Center.

 

When Martin arrived in court Monday and called Lazard's case, Swanson said he was waiting for Lazard to come in. When Lazard arrived, Martin scolded him for being 10 minutes late, to which Lazard responded that he had been waiting for his case to be called.

 

While a lewd conduct conviction does not require sex offender registration, the judge may impose it at his discretion.

 

At the Friday court appearance, Martin had stated that he was considering the registration requirement, which Swanson argued wasn't in the agreement. Both Swanson and Anderson argued against registration, stating that Lazard – in their view – had no proclivities toward children that would make it a necessity.

 

While Martin considered that Friday, on Monday he wanted to revisit the issue.

 

“The court's given this thought all weekend,” he said.

 

Based on Anderson's statements and his own training, Martin believed Lazard's cases were the result of a transitory life issue, noting there had been no recurrences in the nearly five years since the alleged incidents occurred.

 

However, Martin said that for the purposes of public safety he wanted to impose some form of registration, to which Lazard had a mild outburst that Swanson attempted to quiet.

 

Martin said he didn't want to give a lifelong registration mandate, as he didn't think that would be fair. But he felt a temporary requirement, that Lazard later could petition the court to lift, was the right thing to do.

 

“I'm not comfortable with where we're at right now,” Martin said.

 

However, Martin said that if, at the end of Lazard's three years of probation, he didn't get into any more trouble, “then I would be comfy with discharging the registration.”

 

While Martin said he had assurances from both the prosecution and defense about Lazard's progress, he didn't have the advantage of a psychologist or psychiatrist to give testimony to the issue.

 

“I don't want it on my conscience if something happens,” Martin said.

 

Throughout the hearing Swanson had to continue to quiet Lazard, who kept trying to interject. Swanson said Lazard had flown in from Miami with the understanding that there was going to be the plea deal.

 

Swanson wanted to offer up a statement from an East Coast psychiatrist which he had also provided to the District Attorney's Office. Martin said that was OK as long as the district attorney stipulated to it.

 

Martin added that he would be much more comfortable if the doctor appeared in court so he could look him in the eye.

 

Swanson looked through his papers and was unable to find the document, and said he may have to ask Anderson for his copy. He then went over to where Anderson sat at the prosecution table and began looking at his papers. Martin told them to take a short recess and when they found the document they could reconvene.

 

When the one-page document was located it was given to Martin in chambers so he could read it over.

 

About a half hour later, shortly before 9 a.m., court was back in session.

 

Martin, having read the letter, noted that it stated Lazard had made significant progress, “but the issues that are in here give the court further concern.”

 

The letter made a statement about Lazard's problems resulting from a psychotic episode due to drug use.

 

Martin said that opened up the possibility for a recurrence of the behavior. “I think there is a potential and even the doctor is somewhat equivocal,” he said, adding that Lazard is still dealing with those issues.

 

Swanson, noting he would have had an updated report if he knew there were going to be concerns, said the letter from the doctor, written in December 2008, “reflects what had gone on with Justin Lazard prior to that time,” adding that Lazard had struggled with cocaine use and, as a result, was in a state of psychosis in the summer of 2006.

 

However, Lazard has no proclivity for inappropriate behavior toward children, said Swanson, who talked during the break via phone to the doctor, who indicated he would fly out to give testimony.

 

Swanson offered to have Lazard consult with the doctor once a month for the three years of his probation in addition to the quarterly medical reports that will be required submitted to the court.

 

“Mr. Lazard, I feel, has made such strides,” said Swanson.

 

At that point Lazard broke in, asserting that he had no impulses toward children. “It is nothing I need to suppress.”

 

He said he doesn't want to hurt children – “as God is my witness, may he strike me dead in this court.”

 

Martin cautioned Lazard that what he said could be used against him.

 

Swanson said that as a result of the Jan. 28 hearing, at which time the court indicated being agreeable to the plea deal terms, he went to Lake Family Resource Center and presented a check for $7,500 on Lazard's behalf. He submitted a copy of the check and receipt information to the court, which made it an exhibit.

 

Swanson said “it does cause a bit of consternation” for Lazard to have to fly in from Miami with 72 hours' notice – and after having paid the money – to find out there may be additional terms imposed.

 

He said the doctor indicated he would be willing to fly out and appear in court on Thursday, Feb. 10. Martin agreed to set a hearing for that day at 3:30 p.m.

 

Martin said that he understood the concern about the fact that Lazard paid the money. However, he added, “I did announce my feelings about this and the concerns I had, and I gave it a lot of thought over the weekend and I just was bothered because it was more than one offense.”

 

He said he didn't have proof that Lazard had a “transitory problem,” and noted the concerns the letter raised for him, specifically, that Lazard remains at risk for psychosis if drug use recurs.

 

“The court is not trying to fashion some onerous punishment for the defendant, although punishment is part of any sentence,” Martin said.

 

Martin said a major factor in such cases is the protection of children. He said he would be more comfortable if there is assurance of more treatment and no more abuses by Lazard. “The court wants some evidence to do that.”

 

He added, “I don't feel like I'm adequately doing my job with the amount of information I have.”

 

Swanson argued that under Penal Code 290, the section that covers sex offender registration, those convicted of such offenses only are required to register if they're residing in California, or attending school or working in the state. He pointed out that Lazard lives in New York and his wife and child are in Florida, where the child is receiving medical treatment.

 

Swanson offered as an alternative that there could be an additional stipulation that if Lazard ever does reside, attend school or work in California that he would have to register at that time. He told the court that he had not, however, discussed that option with his client.

 

Martin asked if Lazard was living in California at the time of the Lakeport incident. Swanson said no, that Lazard was living in New York but had visited California to purchase a property in Desert Hot Springs. He said the property currently is rented.

 

Anderson said if there was a desire to have additional, more restrictive terms of probation like Swanson suggested, he would support it.

 

In looking at the case, Anderson said it was his understanding that Lazard would be living in New York and not be coming back to California. “That was part of my consideration in making this offer.”

 

Martin said he still wanted to hear from the doctor, and asked if Swanson was suggesting that the court didn't have jurisdiction to impose registration. Swanson said that's how it appeared from the face of the statute.

 

Martin said that while they've had issues with people who are convicted in other states being required to register in California, “we haven't had the reverse.”

 

Martin asked for both Anderson and Swanson to submit points and authorities on the matter by Monday, Feb. 7, in advance of the hearing.

 

“If you are correct on no registration then we have a different ball game,” Martin told Swanson.

 

Swanson asked if the judge required Lazard be present for the Feb. 10 hearing. Martin said yes, indicating he wanted Lazard to be present when he gave him the probation terms and had him sign and accept them.

 

He said he wasn't sure how the case got so old, but said it should have been handled more quickly and he didn't want to delay it any further.

 

Part of the delay in the case has stemmed from Lazard's own actions. In May 2009 he was scheduled for trial but failed to appear, which led to a bench warrant being issued for his arrest.

 

He was arrested last year while returning to the US from a trip to the Caribbean, following the Lakeport Police Department's stepped up effort to bring him back for trial, including issuing a statement identifying him as the agency's most wanted person.

 

While the court is set to examine whether or not it has jurisdiction to cause Lazard to register according to California laws, New York state has its own sex offender registry, which oversees registrants – including those who move into the state from other areas and those who leave New York.

 

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 Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at http://www.youtube.com/user/LakeCoNews .

MENDOCINO COUNTY, Calif. – The Mendocino County District Attorney's Office is stepping up the effort to find a suspect who fled the scene of a fatal 2002 car crash.

 

District Attorney C. David Eyster said in a Monday statement that he is seeking information about Elio Carrillo, 33.

 

A report issued by Eyster's office explained that just after 2 a.m. Nov. 28, 2002, Fort Bragg Police officers were called to an injury traffic collision that occurred on the Noyo River Bridge.

 

The investigation revealed that a white 1994 White Ford Probe driven by Carrillo rear-ended a red Toyota Pickup, pushing it into the opposite lane of traffic and into an oncoming vehicle.

 

The red Toyota Pickup was hit broadside by the oncoming vehicle and the passenger, Eli Herrick, suffered major injuries as a result of the collision.

 

Herrick was transported to Santa Rosa Memorial Hospital where he later died from his injuries.

 

Carrillo fled the scene on foot and to this date has not been located, Eyster said.

 

On Dec. 2, 2002 the Mendocino County District Attorney’s Office obtained an arrest warrant for Carrillo. It is believed that Carrillo may have fled to Mexico.

 

District Attorney Investigator Andrew Alvarado said Eyster – who took office earlier this month – is going through several older cases like this one in the hopes of bringing them to a conclusion.

 

Anyone with information about Carrillo’s whereabouts is asked to contact the Mendocino County District Attorney Investigations Bureau at 707-463-4211.

 

Follow Lake County News on Twitter at http://twitter.com/LakeCoNews , on Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at http://www.youtube.com/user/LakeCoNews .

CLEARLAKE, Calif. – A Lower Lake man charged with a hit-and-run collision last fall that took the life of a well-known Kelseyville restaurateur entered pleas in the case Wednesday.

 

Appearing before Judge Stephen Hedstrom on Wednesday morning, James Walter Nightingale, 31, pleaded no contest to felony hit-and-run resulting in death or great bodily injury, misdemeanor vehicular manslaughter and driving on a suspended license, according to Deputy District Attorney John Langan.

 

Langan said Nightingale admitted violating his probation for a driving under the influence case and also violating his probation in a separate case of driving on a suspended license.

 

Jacob Zamora, Nightingale's defense attorney, did not respond to e-mail and phone messages seeking comment on the case.

 

Nightingale was charged in connection with the Sept. 24 hit-and-run that mortally injured 57-year-old Zino Mezoui, who was riding his motorcycle along Highway 29 near Siegler Canyon Road, as Lake County News has reported.

 

The District Attorney's Office alleged that Nightingale hit Mezoui with his Chevrolet Suburban before fleeing the scene and ditching the vehicle a short time later. He turned himself in Sept. 29 and has remained in custody since that time.

 

Nightingale's trial had been scheduled to start next Monday, Feb. 7.

 

However Zamora had filed a motion for a 60-day continuance earlier this week, citing the inability to get expert witnesses lined up and the need to assign a new investigator. Rather than go forward with the continuance, Nightingale entered the plea.

 

Mezoui's widow, Jan, was in court on Wednesday for the plea, accompanied by a Victim-Witness advocate.

 

“I'm actually kind of sick about the whole thing, but I knew their hands were tied about what they could do,” Jan Mezoui told Lake County News later in the day.

 

Nightingale is supposed to appear before Hedstrom again at 3:30 p.m. Tuesday, March 1, at which time both Langan and Zamora will submit their arguments about the appropriate sentence.

 

Jan Mezoui said she plans to be in court for the March 1 sentencing.

 

“I will be there and I will make a statement to the court and I will also read a couple of statements from his sons,” she said.

 

Langan said Nightingale could face as much as seven years in a combination of prison and jail time if Hedstrom gives him concurrent terms, although Langan said about five years is more likely.

 

The main charge, felony hit and run, carries probation or two-, three- or four-year terms. The lesser offenses each carry about a year in county jail, Langan said.

 

Another case pending against Nightingale for violation of probation for a DUI conviction could be dismissed, Langan said.

 

“There was no agreement or plea bargain in this case,” said Langan, adding that there is a “full range of possibilities” for sentencing as a result.

 

Following the plea entry, Nightingale was remanded into custody without bail, said Langan.

 

Langan said Nightingale could have faced as much as 11 years in prison had he been convicted of vehicular manslaughter with gross negligence and an accompanying special enhancement.

 

However, Langan said the District Attorney's Office didn't believe that it could prove that charge against Nightingale beyond a reasonable doubt.

 

“It's frustrating, but that's what the evidence showed,” said Langan.

 

He said he, District Attorney Don Anderson, Chief Deputy District Attorney Rich Hinchcliff and Investigator Ed Bean sat down with Jan Mezoui to discuss the state of the evidence previous to the Wednesday plea.

 

Langan said Jan Mezoui was frustrated with the news, and noted, “It was frustrating for us to have to tell her this.”

 

That meeting, which Jan Mezoui said happened several weeks ago, “was kind of overwhelming.” She said she went alone to meet with the District Attorney's Office representatives, not knowing what was happening when they called her in for the discussion.

 

Without being able to prove Nightingale was drinking at the time of the crash, Mezoui said officials told her they couldn't pursue the charge of vehicular manslaughter with gross negligence.

 

Noting that the outcome of a trial could have been the same as what took place Wednesday, Mezoui said the District Attorney's Office did everything it could do, and that she's received great support from the office's Victim-Witness Division.

 

Langan emphasized that had the District Attorney's Office had the evidence to push forward with the vehicular manslaughter with gross negligence charge, the office would have done so.

 

“This was not a case where we were going to bargain or trade favors,” Langan said.

 

Mezoui said her family has struggled since her husband's death.

 

“We're all just kinda hanging in here. I guess that's all we can do,” she said.

 

Along with coping with his loss they're working hard to keep his restaurant, Zino's Ristorante and Inn in Kelseyville, open and thriving.

 

“So far the public has been wonderful, just absolutely wonderful,” she said, also acknowledging the support she's received from friends and family.

 

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 Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at http://www.youtube.com/user/LakeCoNews .

LAKEPORT, Calif. – A Lower Lake man set to go to trial next week on charges that he hit and killed a Kelseyville restaurateur may see further court proceedings put off until this spring.

 

James Walter Nightingale, 31, is charged with vehicular manslaughter, hit-and-run, driving on a suspended license and probation violations.

 

Last Sept. 24 Nightingale – driving a Chevrolet Suburban – allegedly hit and fatally injured 57-year-old Zino Mezoui, who was riding his motorcycle along Highway 29 near Siegler Canyon Road, as Lake County News has reported.

 

Investigators allege that Nightingale then left the scene and abandoned his vehicle not far from the crash.

 

Nightingale, who has remained in custody since his Sept. 29 arrest, appeared in Lake County Superior Court in Lakeport late Monday afternoon along with his appointed counsel, Jacob Zamora.

 

Zamora filed a motion asking the court for a 60-day continuance because he said he had been unable to get expert witnesses lined up, and had to bring in a second investigator as his main investigator had a conflict on the case.

 

Deputy District Attorney John Langan said he didn't have an objection to Zamora's request.

 

Zamora said Nightingale previously had no time waiver on his case, but he was now offering a limited time waiver moving forward.

 

Langan asked to schedule the next appearance a few weeks after April 18, and Judge Andrew Blum suggested May 2.

 

Nightingale asked for time to think about it, and Blum said he could continue the hearing to give him time to make the decision.

 

Blum ordered Nightingale to return to court, this time Department 4 in Clearlake, first thing Tuesday morning, at which point the court will hear Nightingale's decision on the time waiver issue and if he'll be agreeable to the May appearance.

 

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 Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at http://www.youtube.com/user/LakeCoNews .

LAKEPORT, Calif. – The decadent and delicious annual Wine & Chocolate Festival will be held at Mt. Konocti Growers on Saturday, Feb. 19, from noon to 4 p.m.

 

An extensive offering of ultra-premium Lake County wines – everything from pear champagne to award-winning Syrah and Port – will be masterfully paired with luscious chocolates and other tasty food bites by Sommelier Stephanie Green, owner of Focused on Wine in Kelseyville.

 

Green will lead workshops on wine sensory and pairing food with wines and a variety of other classes and demonstrations will be held, such as olive oil sensory, chocolate demonstrations, and biodynamic vineyards.

 

This year’s event also will feature a silent auction with wine, dining, travel and art packages, as wells as an array of olive oils and appetizers to stimulate the palate.

 

Event-goers will stroll through the venue tasting wines from more than 30 area wineries, nibble on delicious chocolates, and can purchase a “wine country” lunch.

 

Wines from the event also will be available for sale. Auto enthusiasts and admirers will have an opportunity to see vintage cars and trucks up close throughout the event, weather permitting.

 

Proceeds from the Wine & Chocolate Festival benefit the programs and services of the Lake Family Resource Center.

 

Mt. Konocti Growers, 2550 Big Valley Road, Lakeport. Admission is $35 per person in advance; $40 at the door. Noon to 4 p.m. For information, call 707-279-0563.

 

Follow Lake County News on Twitter at http://twitter.com/LakeCoNews , on Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at http://www.youtube.com/user/LakeCoNews .

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