
From left, Paul Braden, Orlando Lopez and Kevin Stone were in Lake County Superior Court's Clearlake Division on Tuesday, August 2, 2011, at which time their preliminary hearing was set for September 28, 2011. They are accused of taking part in a deadly shooting in Clearlake, Calif., on Saturday, June 18, 2011, that left a child dead and five others wounded. Lake County Jail photos.
CLEARLAKE, Calif. – Three men accused of taking part in a June attack on a family that left a child dead and five others wounded made a Tuesday court appearance at which a judge determined their joint preliminary hearing would take place in September.
Kevin Ray Stone, 29, of Clearlake, and Clearlake Oaks residents Paul William Braden, 21, and Orlando Joseph Lopez, 23, appeared before Judge Stephen Hedstrom in Lake County Superior Court's Clearlake Division on Tuesday afternoon for both the setting of their preliminary hearing date and the completion of Stone's arraignment.
The three men are accused of taking part in a late-night shooting in Clearlake on June 18 that killed 4-year-old Skyler Rapp and wounded his mother, Desiree Kirby, as well as her boyfriend, Ross Sparks, and his brother, Andrew Sparks, and friends Ian Griffith and Joseph Armijo.
Each of the men are facing more than a dozen charges – including murder, mayhem, and numerous counts of attempted murder and assault with a deadly weapon, along with special allegations for use of firearms and great bodily injury.
Stone would enter a not guilty plea to the charges and denial of the special allegations on Tuesday. Braden and Lopez previously entered not guilty pleas.
Watching from the audience was Clearlake resident John Hamner, grandfather of Ross and Andrew Sparks, and step-great-grandfather of Skyler Rapp. He said afterward that seeing the men in court was the hardest thing he's ever done.
Stone, Braden and Lopez were accompanied in court on Tuesday by their defense attorneys – Komnith Moth, Doug Rhoades and Stephen Carter, respectively, with District Attorney Don Anderson handling the prosecution.
“This ultimately is anticipated to be one joint preliminary examination?” Hedstrom asked the attorneys.
“That's our understanding,” said Rhoades.
The attorneys originally proposed the preliminary hearing to begin on Sept. 27, with Anderson estimating it would take five days to complete the proceeding.
However, Rhoades said of Anderson's time estimate, “That has the potential of actually being conservative.”
Rhoades estimated that the hearing could take as many as seven days, or about two weeks in court time.
With three defendants and three attorneys, the case has some inherent scheduling challenges.
In working out the scheduling, Carter brought up the possibility of the preliminary hearing's time frame conflicting with another homicide prosecution – that of former Maine resident Robby Beasley – in which he also is defense counsel.
The Beasley case has been set for trial on Oct. 3; however, with a general time waiver in place, that trial can be adjusted to accommodate the preliminary hearing, said Hedstrom, and Carter indicated there are other issues with the Beasley case that may result in it being rescheduled anyway.
While Rhoades said the scheduling should work for him, Moth has a murder trial set to start the first week of September which he said he hoped would be completed within three weeks but could conflict if it ran long.
During the Tuesday afternoon appearance, Stone also was arraigned in the case. Braden and Lopez – who were taken into custody within days of the shooting – were arraigned late in June, but Stone was on the run for two weeks before he was arrested in Santa Rosa.
Moth entered a plea on Stone's behalf of not guilty on all counts and the denial of all special allegations.
Hedstrom briefly adjourned court while Moth filled out a time waiver form for Stone. When court was back in session Hedstrom directly addressed all three defendants, asking them if they understood the process, explaining that they had the right to have a preliminary hearing in a continuous session and that their attorneys were advising that they waive that right.
Stone, sitting in the jury box in front of Moth, turned to his attorney and said he hadn't explained that. Moth leaned in to explain it, with Stone then acknowledging to the judge that he understood, and he and his co-defendants then agreed to waive the continuous preliminary hearing.
Hedstrom set the preliminary hearing for the men on Sept. 28 in a department to be determined. He said the preliminary hearing assignment hearing will be held at 8:15 a.m. Sept. 23 in Judge Andrew Blum's Department 3 courtroom. A preliminary hearing readiness conference will be held at 8:15 a.m. Sept. 20 in Hedstrom's courtroom.
With Braden and Lopez dismissed, Stone and Moth remained along with Anderson, as Stone still had to enter pleas on another case involving several alleged probation violations and allegations related to driving on a suspended license, Anderson said later. Moth entered not guilty pleas to all of the charges in the second case.
Hamner said his family is continuing to recover from the shootings, which he called, “a complete ambush.”
“I don't understand it. I just don't understand it,” he said.
According to Hamner, he had never seen Stone or Lopez before the Tuesday court appearance, but he said he saw Braden at his daughter's home the day before the fatal shooting. Hamner said he was going into the home as Braden was leaving.
He said another of his grandsons had been jumped by several individuals in the days before the shooting.
Hamner said he will continue to show up to the court appearances as the case moves forward.
“I will be at every one,” he said. “I don't care if they take it out of county.”
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