- Elizabeth Larson
- Posted On
Former codefendant in fatal Clearlake shooting sentenced to 10 years in prison
LAKEPORT, Calif. – A Clearlake man originally charged with murder in a fatal June 2011 shooting that killed a child and wounded five others was sentenced on Tuesday to lesser charges as part of a plea agreement.
Judge Stephen Hedstrom gave Kevin Ray Stone, 30, the upper term of 10 years and four months for his involvement in the incident, which included driving 24-year-old Orlando Lopez Jr. and 22-year-old Paul Braden, both of Clearlake Oaks, to the scene of the fatal shooting in Clearlake on June 18, 2011.
The shooting killed 4-year-old Skyler Rapp; injured his mother, Desiree Kirby; her boyfriend, Ross Sparks; his brother, Andrew Sparks; Ian Griffith; and Joseph Armijo.
The sentencing hearing was continued to Thursday due to questions about how much time credit Stone would receive under the state’s new correctional realignment rules.
Stone reached a plea agreement last fall with District Attorney Don Anderson and, as a result, he pleaded no contest to conspiracy to commit robbery, accessory to murder and possession of a .22-caliber rifle by a prohibited person. He also agreed to testify in the joint trial of Braden and Lopez.
In June Braden and Lopez were found guilty of 15 felony counts and numerous special allegations, and last week were sentenced. Braden received 312 years, Lopez 311 years.
Judge Hedstrom began by denying defense attorney Komnith Moth’s request that Stone be temporarily released to visit a San Francisco drug rehabilitation program.
Hedstrom said that such a program would have been a part of probation. Considering that Stone had pleaded no contest to conspiracy to commit first-degree burglary, “For him to even get probation, the court’s going to have to find unusual circumstances,” Hedstrom said.
Moth said Stone offered his “deep condolences” to the little boy’s family for their loss. He said Stone had two small children and had nothing but the utmost sympathy for the child’s family.
Stone, Moth said, was glad that Anderson had gone after the individuals who were responsible.
“His testimony was essential in securing the convictions for the other two codefendants,” Moth said of Stone, adding that Stone’s statements placed Lopez and Braden at the scene, and identified Braden as the shooter.
Hedstrom noted in court that Stone had 14 misdemeanor convictions and no previous felonies.
Reading from a statement that Stone had submitted to the court, Hedstrom said Stone called himself a drug addict who had been involved with drugs for 10 years. He feared his life would end if he didn’t stop, and he blamed his drug use for making a lot of poor decisions.
“He is begging for one chance at drug treatment,” said Hedstrom.
Hedstrom said that several things jumped out as he considered Stone’s statement. “It was basically about him,” he said.
Stone’s numerous misdemeanor convictions included multiple drunk driving or “wet reckless” cases, failure to appear, possession of drugs and paraphernalia, driving on a suspended license, riding a bicycle under the influence, possession of a switchblade, possession of a stolen vehicle and, more recently, domestic battery and assault with a deadly weapon.
“He’s been given chance after chance after chance after chance at probation,” and has done significant stints in the county jail, which didn’t appear to have an effect, Hedstrom said. Stone also had 17 probation violations.
Putting all of that together, Hedstrom said Stone didn’t qualify for probation.
Stone was part of a conspiracy to commit a robbery. “This conspiracy ultimately led to the death of a child, someone who couldn’t live out a life beyond the age of 4,” said Hedstrom.
“When you conspire to commit a robbery with a firearm, it should not blindside you that violence may occur,” Hedstrom said.
Stone was armed and, while he did not personally inflict the injuries, his accomplices did and he remained an active participant. “He wasn’t dragged to that scene. In fact, he drove the other two ultimate killers to the scene,” Hedstrom pointed out.
On that drive Stone stopped to retrieve his own firearm, a .22 rifle, from the apartment he shared with his girlfriend, Hedstrom said, reading from a case summary.
Hedstrom also noted Stone’s substance abuse problem, including alcohol, marijuana, mushrooms, Ecstasy, cocaine and methamphetamine, and his history of committing thefts and cultivating drugs to support his habit. He said Stone poses a substantial danger to society if not imprisoned.
After discussing those aggravating factors, Hedstrom considered the factors in mitigation, including Stone’s cooperation with the prosecution and his testimony in trial.
However, Hedstrom pointed out that Stone’s cooperation gave him a “very substantial benefit” because it prevented him from getting life in prison. “He had some very real liability.”
While Stone said he didn’t want to hurt Skyler Rapp or his family, he went to a scene armed and, “all of a sudden, guns are blazing,” said Hedstrom, pointing out that Stone didn’t disassociate himself at that point, but remained a part of the conspiracy, driving Lopez and Braden from the scene.
Hedstrom sentenced Stone on the charges to which he had pleaded no contest, and also ordered he pay $2,000 in restitution, and stayed a second $2,000 restitution fine unless Stone’s eventual parole is revoked. Stone will receive 405 days of credit for time already served.
A probation officer pointed out different credit parameters for the conspiracy charge, which is a serious felony, which threw off Hedstrom’s initial calculations on how much presentence and post-sentence time credit Stone would receive. Those issues arose from new legislation established to support correctional realignment.
“This is a perfect example of how complex this stuff has gotten,” said Hedstrom.
Hedstrom continued the sentencing hearing to 3 p.m. Thursday, Aug. 16, at which time Stone’s final time credit amounts will be determined.
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