Chief Deputy District Attorney Richard Hinchcliff said Monday that the District Attorney's Office reviewed 67-year-old James Mitchell's shooting of Kevin Quinn, 51, on July 3 in Clearlake for potential charges and prosecution.

Hinchcliff said that following a thorough and extensive investigation by the Clearlake Police Department, the case was forwarded to him to determine whether or not charges were warranted in the case, which technically is a homicide.

He concluded, based on the investigation and evidence, that charges should not be filed against Mitchell.

“Mitchell was clearly in legitimate fear for his safety and clearly believed he would suffer death or serious bodily harm if he did not shoot victim,” Hinchcliff wrote in his case assessment. “Suspect was clearly acting in self defense and used reasonable force under the circumstances in defending himself.”

Early on the morning of July 3 Quinn drove his pickup into the front of Mitchell's residence at 14200 Olympic Drive in Clearlake, police reported.

When Quinn got out of the pickup to confront Mitchell, Mitchell – armed with a .22 caliber pistol – shot Quinn five times, once with bird shot and four times with regular .22 rounds, based on the investigative report.

Even after being shot, Quinn continued to chase Mitchell, tackling him and causing him to suffer facial injuries, the police report showed.

Quinn died a short time later, before he could be transported to the hospital, according to the original Clearlake Police report.

The investigation found that Quinn had mental health issues, a history of violent behavior and had threatened to harm Mitchell before the July 3 incident.

Hinchcliff's full explanation and narrative of the case is printed below.

OFFICE OF THE LAKE COUNTY DISTRICT ATTORNEY

REJECTION FORM

Explanation:

According to investigation reports, the shooting victim, Kevin Quinn, intentionally drove his vehicle into suspect James Mitchell's residence at approximately 1:50 a.m. on 7/3/11.

A witness observed Quinn beating on the side of Mitchell's residence, cursing and yelling. The witness then heard glass breaking. The witness then observed Quinn get into his truck, back the truck up, and proceed to accelerate and drive through the side of Mitchell's residence.

The truck ended up inside Mitchell's residence approximately 6 feet from where Mitchell was lying in bed asleep. Mitchell exited his bedroom and Quinn began making threats to kill Mitchell. Mitchell armed himself with a .22 caliber magnum pistol that he kept in his bedroom. Quinn got out of the vehicle and aggressively proceeded toward Mitchell inside Mitchell's residence, and was shot with one round of bird shot. Quinn subsequently continued to pursue Mitchell inside Mitchell's residence as Mitchell attempted to call the police and attempted to leave the residence. Victim prevented suspect from calling the police or escaping. Mitchell fired a total of 6 shots at Quinn and struck Quinn with one round of bird shot at extremely close range and 4 regular rounds of .22 magnum ammunition. Quinn continued to pursue Mitchell after being shot and at one point actually caught Mitchell and tackled him, causing Mitchell to sustain facial injuries.

There was a significant age and size difference between Mitchell and Quinn, Mitchell being 67 years old and weighing 195 pounds, and Quinn being 51 years old and weighing 235 pounds. Quinn had a prior history of violence and suspect was aware of victim's history of violence at the time of the shooting. Quinn also had mental health issues according to witnesses that Mitchell was aware of at the time of the shooting.

Investigation revealed Quinn had a history of mental health issues and had threatened to harm Mitchell prior to the shooting.

Mitchell was clearly in legitimate fear for his safety and clearly believed he would suffer death or serious bodily harm if he did not shoot victim. Suspect was clearly acting in self defense and used reasonable force under the circumstances in defending himself.

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A seaplane visits Lakeport, Calif., during the 2010 Clear Lake Splash-In. Lake County News file photo.

LAKEPORT, Calif. – The 32nd annual Clear Lake Splash-In is scheduled Friday, Sept. 23, through Sunday, Sept. 25, in Lakeport.

Organized by West Coast Seaplane Pilots Association, this is the oldest and largest seaplane gathering in the Western United States.

Arrivals and Registration begin Friday, Sept. 23, at noon, with most activities scheduled for, and aircraft arrivals expected on, Saturday, Sept. 24.

Several flying contests will take place on Saturday accompanied by constant arrivals and departures.

The event utilizes the Natural High School field on North Main Street for onshore parking and display of amphibious seaplanes.

Land planes use nearby Lampson Field and local volunteers will provide shuttle services to and from the venue.

Community support from the county of Lake, the city of Lakeport, the Lake County 4H Citizenship and Leadership Group, the Lake County Public Works Department and the Lakeport Regional School District has made this the local, successful event it has become.

Strong interest in the event from the surrounding communities creates a popular event for families throughout the region and hundreds come to see the planes on exhibit in Lakeport.

Seaplane pilots from throughout the region and from out-of-state attend to show off their planes and see others.

Approximately 50 seaplanes are expected to attend, making an interesting day of flight and ground displays.

Water bombing contests and spot landing contests Saturday afternoon will allow pilots to showcase their planes and flying skills.

See www.clearlakesplashin.com for complete information. Further details will be posted on the Web site as times and events are confirmed.

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An artist's concept of Kepler-16b, the first planet known to definitively orbit two stars -- what's called a circumbinary planet. The planet, which can be seen in the foreground, was discovered by NASA's Kepler mission. Image courtesy of NASA.

The existence of a world with a double sunset, as portrayed in the film Star Wars more than 30 years ago, is now scientific fact.

NASA's Kepler mission has made the first unambiguous detection of a circumbinary planet – a planet orbiting two stars – 200 light-years from Earth.

Unlike Star Wars’ Tatooine, the planet is cold, gaseous and not thought to harbor life, but its discovery demonstrates the diversity of planets in our galaxy.

Previous research has hinted at the existence of circumbinary planets, but clear confirmation proved elusive.

Kepler detected such a planet, known as Kepler-16b, by observing transits, where the brightness of a parent star dims from the planet crossing in front of it.

“This discovery confirms a new class of planetary systems that could harbor life,” Kepler principal investigator William Borucki said. “Given that most stars in our galaxy are part of a binary system, this means the opportunities for life are much broader than if planets form only around single stars. This milestone discovery confirms a theory that scientists have had for decades but could not prove until now.”

A research team led by Laurance Doyle of the SETI Institute in Mountain View, Calif., used data from the Kepler space telescope, which measures dips in the brightness of more than 150,000 stars, to search for transiting planets.

Kepler is the first NASA mission capable of finding Earth-size planets in or near the “habitable zone,” the region in a planetary system where liquid water can exist on the surface of the orbiting planet.

Scientists detected the new planet in the Kepler-16 system, a pair of orbiting stars that eclipse each other from our vantage point on Earth.

When the smaller star partially blocks the larger star, a primary eclipse occurs, and a secondary eclipse occurs when the smaller star is occulted, or completely blocked, by the larger star.

Astronomers further observed that the brightness of the system dipped even when the stars were not eclipsing one another, hinting at a third body.

The additional dimming in brightness events, called the tertiary and quaternary eclipses, reappeared at irregular intervals of time, indicating the stars were in different positions in their orbit each time the third body passed. This showed the third body was circling, not just one, but both stars, in a wide circumbinary orbit.

The gravitational tug on the stars, measured by changes in their eclipse times, was a good indicator of the mass of the third body. Only a very slight gravitational pull was detected, one that only could be caused by a small mass.

The findings are described in a new study that was published Friday, Sept. 16, in the journal Science.

“Most of what we know about the sizes of stars comes from such eclipsing binary systems, and most of what we know about the size of planets comes from transits,” said Doyle, who also is the lead author and a Kepler participating scientist. “Kepler-16 combines the best of both worlds, with stellar eclipses and planetary transits in one system.”

This discovery confirms that Kepler-16b is an inhospitable, cold world about the size of Saturn and thought to be made up of about half rock and half gas.

The parent stars are smaller than our sun. One is 69 percent the mass of the sun and the other only 20 percent.

Kepler-16b orbits around both stars every 229 days, similar to Venus’ 225-day orbit, but lies outside the system’s habitable zone, where liquid water could exist on the surface, because the stars are cooler than our sun.

“Working in film, we often are tasked with creating something never before seen,” said visual effects supervisor John Knoll of Industrial Light & Magic, a division of Lucasfilm Ltd., in San Francisco. “However, more often than not, scientific discoveries prove to be more spectacular than anything we dare imagine. There is no doubt these discoveries influence and inspire storytellers. Their very existence serves as cause to dream bigger and open our minds to new possibilities beyond what we think we know.”

For more information about the Kepler-16 discovery, visit http://kepler.nasa.gov/Mission/discoveries/kepler16b/ .

Dr. Tony Phillips works for the National Aeronautics and Space Administration.

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Borage is easily grown in backyard gardens, such as this plant in the garden of Ann Martin of Kelseyville, Calif. Fine hairs cover borage leaves. Photo by Esther Oertel.

Starflower and bee bread, two of the herb borage’s aliases, are inspired by its five-pointed flowers, which are immensely attractive to honey bees. If you happen upon a borage plant in bloom, chances are bees will be busy burrowing into its enticing blue blossoms.

Because of its classic “herby” look, borage is one of the most photographed culinary herbs, and is often represented in art such as tapestries, needlepoint and painted ceramics.

Traditionally, cultivation of borage was for medicinal and culinary uses. Today, however, most commercial production is for the oil obtained from its seeds, providing the highest plant-based source of gamma-linolenic acid, which is marketed as a remedy for inflammation and auto-immune diseases.

In addition to drying borage for use as an herb or tisane (an herbal tea), its beautiful Wedgewood-blue blossoms may be employed as an edible garnish for salads, fruit dishes, soups and desserts. They have a honey-like taste and are one of the few truly blue edible foods found in nature.

The leaves add a cucumber-like flavor to foods and blend well with garlic, mint and dill.

While not popular here for this purpose, borage is prized as a fresh vegetable throughout Europe, particularly in Germany, Spain, on the Greek island of Crete and in northern Italy.

German soups are made with borage, and a popular green sauce made with it hails from Frankfurt. In the Spanish regions of Aragon and Navarra, borage is boiled and sautéed with garlic.

It’s utilized as a filling for ravioli and other pasta in northern Italy’s Liguria, and as a pickling herb in Poland.

The Brits enjoy a gin-based cocktail known as Pimms that in its traditional form included borage blossoms. This once common garnish for the drink has given way to cucumber or mint, and while these may provide a similar flavor, I can’t imagine they substitute for the pleasing visuals of borage blossoms’ brilliant blue hue and enticing star shape.

Borage is easily grown in one’s backyard. In fact, it reseeds itself so prolifically that it’s more likely to take over a garden space than fail to thrive. It’s a recommended companion plant for legumes, strawberries, spinach, strawberries, tomatoes, and brassicas such as broccoli and cauliflower.

Tomatoes in particular benefit from it, since it confuses the moth mothers of tomato hornworms when looking for a place to lay eggs.

In ancient cultures, borage was known as an herb that induced courage and happiness. Roman author and naturalist Pliny has been credited with singing its praises and is quoted as saying, “A borage brew eliminates a person’s sadness and makes them glad to be alive.”

In Wales, borage was known as llanwenlys, meaning “herb of gladness,” and Celtic warriors drank borage-flavored wine to give them courage in battle. (Skeptics might wonder if it wasn’t the wine that induced courage.)

Borage leaves and blossoms are most often used raw, such as adding them to salads, while the stems are typically cooked, but stems and leaves can be used either way. For example, stems, leaves, or both may be sautéed in a bit of butter and garlic, the result of which is much like cooked spinach.

Borage plants are bee magnets, such as this one, which has attracted the insects to its hanging blue blossoms in the garden of Ann Martin of Kelseyville, Calif. Photo by Esther Oertel.

The leaves are covered with fuzzy hair, and chopping them finely can negate this if using them raw. When cooked, the hairy texture disappears.

Borage lemonade may be made by combining fresh lemon juice, sweetener of your choice to taste, water, and a few borage leaves in a blender. Blue borage blossoms floated on top will contrast nicely with the green of the drink.

Other creative uses for borage include making jelly from the leaves (mint may be added, if desired), and freezing the blossoms in ice for decorative cubes. If making jelly, pectin will be necessary.

Candied borage blossoms for decorating cakes and other desserts may be made by brushing blossoms with beaten egg whites and dipping in extra fine sugar and drying on waxed paper in a warm place.

When harvesting borage blossoms, first remove the thorny backside. Bees may be hidden among the hanging blooms, so use caution to avoid being stung.

Borage has been attributed as an herbal cure for a variety of ailments, including fever, bronchitis, diarrhea, and depression. The leaves have been found to contain small amounts of liver-toxic pyrrolizidine alkaloids; therefore it is recommended that ingestion in large quantities be avoided.

Today’s recipe for borage fritters (known in Italy as “frittelle di borragine”) is by Mario Batali, Food Network’s Iron Chef known for his affinity for bright orange chef clogs. If deep-frying is not your preferred method of cooking, prepare the fritters as you would ordinary pancakes.

Enjoy!

Borage fritters

2 eggs

½ cup flour

2 teaspoons baking powder

1 cup cold water

¼ cup grated Parmigiano-Reggiano cheese

Salt and pepper to taste

Bunch borage, cut into strips

Liter extra virgin olive oil, for frying

In a medium sized bowl, combine the eggs, flour, baking powder, water, cheese, and a pinch each of salt and pepper and whisk well to combine.

Cover and rest for at least two hours.

In a tall-sided, heavy-bottomed pot, heat the olive oil to 350 degrees F.

Stir the borage into the batter.

Drop by tablespoons into the hot oil and fry until golden brown. Remove from the oil with a slotted spoon and set on a plate lined with paper towels to drain.

Sprinkle with salt and serve immediately.

Makes four servings.

This recipe by Mario Batali is courtesy of www.FoodNetwork.com.

Esther Oertel, the “Veggie Girl,” is a culinary coach and educator and is passionate about local produce. Oertel teaches culinary classes at Chic Le Chef in Hidden Valley Lake, Calif., and The Kitchen Gallery in Lakeport, Calif., and gives private cooking lessons. She welcomes your questions and comments; e-mail her at This email address is being protected from spambots. You need JavaScript enabled to view it..

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A new grant will assist with updating facilities and infrastructure at the Donald and Sylvia McLaughlin Reserve located near Lower Lake, Calif. Photo courtesy of the McLaughlin Reserve.

LOWER LAKE, Calif. – Thanks to a newly awarded grant, the Donald and Sylvia McLaughlin Reserve near Lower Lake will see new improvements of its infrastructure and facilities.

On Tuesday, Sept. 13, the California Wildlife Conservation Board voted to approve a proposal from the University of California to fund $1,725,000 in facilities and infrastructure improvements at the McLaughlin Reserve, located at the junction of Lake, Napa, and Yolo counties.

The 7,000-acre reserve is one of five sites managed by UC Davis as part of the statewide UC Natural Reserve System, which is dedicated to supporting research, teaching, and public outreach related to California’s diverse natural ecosystems.

Funding for the project will come from the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Fund of 2006 (Proposition 84), according to a Friday report from the reserve.

Matching funds for the entire project, valued at $3.5 million – including property acquisition, construction and long-term management – come from Homestake Mining Co. of California, the National Science Foundation and UC Davis.

The McLaughlin Reserve occupies the site of Homestake’s former McLaughlin mine, and existing facilities and infrastructure were originally constructed for mine use.

Grant funds will be used to rescale industrial infrastructure for academic use, increase the accommodations available to visiting researchers and students, develop new lab and teaching space in existing buildings, construct a greenhouse and shadehouse complex, construct an outdoor classroom and install native landscaping, increase the energy and resource use efficiency of existing facilities, and to construct a staff residence, which will allow for increased staff support for reserve users.

An environmental review of the project has been completed – the project is categorically exempt under the California Environmental Quality Act – and construction will begin immediately.

Project completion is anticipated by the end of 2015, officials reported.

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The settlement resolves all natural resource damages, penalties and response costs that resulted from the ship striking the San Francisco-Oakland Bay Bridge in 2007, and the subsequent oil spill in the San Francisco Bay.

The event killed thousands of birds, impacted a significant portion of the Bay's 2008 herring spawn, spoiled miles of shoreline habitat and closed the Bay and area beaches to recreation and fishing.

“This Bay is the jewel of the San Francisco region and the Cosco Busan oil spill left a lasting scar across our water, natural habitats and wildlife,” Harris said. “This settlement will allow all of these precious resources to be restored to their original health and beauty.”

The U.S. Department of Justice, the State of California, the City and County of San Francisco, and the City of Richmond signed and lodged a consent decree that requires Regal Stone Limited and Fleet Management Ltd., the owners and operators of the M/V Cosco Busan to pay $44.4 million for natural resource damages and penalties and to reimburse the governmental entities for response costs incurred as a result of the 53,000 gallon oil spill that occurred when the vessel struck the San Francisco-Oakland Bay Bridge on Nov. 7, 2007.

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091911 Cosco Busan Consent Decree

The old Diener family farm house and the first dehydrater that the younger Ernest Diener built. Courtesy photo.

In commemoration of the 150th anniversary of the founding of Lake County this year, Lake County News is publishing a series of historical stories about the county, its people and places. This week sisters Linda Dwillis and Pauline Dewitt recount the journey of the family, the Dieners, to Lake County in the 1880s.

Our great-grandpa, Gotlieb Diener, born on Jan. 11, 1852, came to America in 1884 with our great-grandma, Marie, who was born in 1844.

They brought with them their children, our grandpa Ernest, born in 1880, and his sister, Alice, born in 1882.

They boarded a train from San Francisco thinking it was taking them to Stockton; it went to Calistoga, the end of the line.

There they encountered some friends they knew in Germany which they had lost contact with, the Kugleman family.

Mr. Kugleman invited the Dieners to come with him to Lower Lake where he would give them work until they could be established on their own property.

They lived in his barn, worked for him for approximately a year and were able to save enough to purchase a woodcutters cabin and a few acres.

Our grandpa Diener married Pauline Engle, a young woman who wanted to come to the America so badly she put an ad in an American paper advertising her desire to find a husband in America.

Grandpa answered that ad and brought her to San Francisco where she lived with Uncle Munk Menzenmeir and his wife for a year.

Grandpa married her and moved her to the Diener farm. They had two children: William, born on May 19, 1923, and Ernest, born on March 9, 1925.

The Diener property grew to more than 1,200 acres. Fruit trees and grapevines were planted; wine and brandy were produced right there on the farm.

They continued to produce wine and brandy into the early years of prohibition; when they got word the revenuers were coming they buried everything. The farm became a full working farm with cattle, sheep, horses, chickens, pigs, etc.

Ernie and Ann Diener on their wedding day. Courtesy photo.

Great-grandpa Gotlieb was a stone mason and did the stone work on the dining hall at what used to be Siegler Springs Resort.

Grandpa was a woodworker and a very talented musician; he was part of a traveling band that played as far away as Fort Bragg and Willits; mind you, this travel was all by buckboard or Model T.

Dad, Ernest Diener, was owner/operator of Ernie Diener Construction and was very sought after by those needing land cleared.

For entertainment Grandpa Ernest Diener, the Kuglemans and other old time residents of Lower Lake use to race their Model Ts in what is called Manning Flat along Highway 29.

In the winter months the field would flood and they could not race so some local people hand dug a ditch to drain the water from the field down into Thurston Lake. That is how the big fault looking ditch was created on Manning Flat. A lot of people feel that is a fault line but it is not.

Dad, Ernest Diener, started the Lower Lake Fire House. The banker at Bank of America came to him while he was working at the Lower Lake Theatre as the projectionist to tell him about a truck he would foreclose on if he wanted it for a fire truck.

Lower Lake had no fire department and insurance was so expensive people couldn't afford it. So dad went to the other side of the lake to look at it and said, “Yes.”

With dad's know how and $100 Lower Lake had its first fire truck and thus the Lower Lake Fire Department opened for business.

Our Uncle Bill (William Diener) was fire chief for many years; his son, Charlie, is now fire captain, and his brother, Bill, is one of the department's firemen.

The family continues to harvest more than 200 acres of walnut orchard and vineyard. It's one of the few remaining operating walnut ranches in the county with two walnut dehydrators, both built by our father Ernie. The was first built during the war. The corrugated aluminum was in high demand at that time and our father had to petition with the state for the corrugated aluminum to build the dehydrater.

Some of our family still lives on the Diener Family Ranch, founded in circa 1885.

Visit the Lake County Sesquicentennial Web site at www.lc150.org or the Facebook page at https://www.facebook.com/pages/Lake-County-Sesquicentennial/171845856177015.

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The Diener family reunion in 2010. Courtesy photo.

Willy Turner, 41, of Kelseyville, Calif., is recovering after having undergone surgery to remove a bullet. He was wounded on Saturday, September 10, 2011, when Andrew Serrano, 38, of Kelseyville, Calif., shot him during a confrontation. Courtesy photo.

LAKE COUNTY, Calif. – It's been a harrowing week for a Kelseyville man wounded in a Sept. 10 shooting, but following a Thursday surgery he's said to be on his way to recovery.

Willy Turner, 41, of Kelseyville, was shot in the chest during a confrontation last Saturday, as Lake County News has reported.

The man who shot Turner, 38-year-old Andrew James Serrano, is facing attempted murder and a host of other charges for the confrontation, during which he also is alleged to have seriously assaulted his estranged wife, Lesa Serrano.

Lesa Serrano and Turner had gone to the Big Valley Road home that she formerly had shared with Andrew Serrano to pick up some items. While they were there, Andrew Serrano arrived, allegedly confronted them and shot Turner once in the chest through a glass window, according to reports on the case.

Turner was flown by air ambulance to Santa Rosa Memorial Hospital, where he initially spent time in the intensive care unit for his wound, according to the “Pray for Willy Turner” Facebook page set up by his family.

The page, which can be found at https://www.facebook.com/pages/Pray-for-Willy-Turner/274420952585517, has amassed more than 900 “likes” in the week it's been up.

People from Lake County and beyond have posted well wishes, prayers and encouragement for Turner, a well-liked father of three who was raised in Lake County and later served in the US Marines.

According to the postings by family members, doctors have spent a good part of the week stabilizing Turner and working to stop bleeding in his chest in order to safely proceed with surgery.

That surgery finally took place on Thursday, with doctors repairing damage to Turner's lung and removing the bullet, his family reported.

On Friday he was reported to be improving, eating a regular diet, had been taken off oxygen, was walking and in good spirits. Even before surgery, when his pain was greater, Turner's family reported that his sense of humor was still evident, with him telling jokes and stories.

Friends have been asked not to visit the hospital, but are welcome to post and send messages at the Facebook page.

His family has not stated when he will be released from the hospital, but Turner is expected to return home soon.

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A view from the top of Mt. Konocti. Visitors will soon be able to enjoy the view, as the new county park atop the mountain is set to open officially on Saturday, September 24, 2011. Photo by Elizabeth Larson.

LAKE COUNTY, Calif. – The new county park on top of Mt. Konocti will make its official opening to the public this week.

Lake County Public Services Director Kim Clymire said the opening will take place on Saturday, Sept. 24, in conjunction with the annual Kelseyville Pear Festival.

The county completed purchase of approximately 1,520 acres on top of Mt. Konocti, for a total of $3.6 million, in November 2009, as Lake County News has reported.

Clymire said there will not be an actual grand opening this year, however, he will be at the festival, in downtown Kelseyville, to talk with community members and visitors about Mt. Konocti and distribute the first hiking trail brochure in the Konocti Regional Trails System on the Wright Peak Summit Trail.

Copies of the Wright Peak Summit Trail brochure will be available online at www.konoctitrails.com beginning on Sept. 24. The maps also will be available at county visitor centers at that time.

The Wright Peak Summit Trail is a 6-plus mile round trip hike from the upper parking lot near the access gate on Konocti Road, with an approximate 1,600 foot elevation gain, the county reported.

The trail takes hikers along the main access road, past walnut and apple orchards, through an amazing canyon oak grove to the Mary Downen cabin, built in 1903. It then continues up to Wright Peak and the Cal Fire Tower, with possible side trips to Howard Peak, according to Clymire.

While currently available for access, another hiking trail brochure to Buckingham Peak will be launched in Spring 2012.

Clymire said the park initially will open for day-use hiking only, with other uses by a special facility use permit, available from the Lake County Public Services Department.

He said a master management plan is being developed by county staff and a committee of volunteers that will help guide the operation and maintenance of the park.

Other opening regulations include non-motorized day-use except for official authorized vehicles, and absolutely no fires or smoking on the mountain, said Clymire.

The park will open for hiking only, with other uses such as equestrian, non-motorized mountain bikes and dogs on leashes, and others possibly allowed under a special facility use agreement.

The park may be closed during high fire danger, severe winter weather or for other health and safety reasons, he said.

Clymire said the county is working on several projects to ensure a smooth opening.
Cal Fire and Lake County Road Division crews are grading the main access, Konocti Road, up to Wright and Buckingham Peaks, and trimming brush back.

The first section of the hiking trail, which has been built, passes through private property around the Fowler family's orchard on an easement. This was required prior to opening, as a condition of the sale.

The Cal Fire tower on Mt. Konocti. Photo by Elizabeth Larson.

Clymire said respecting the privacy of the homeowner by staying on the trail is paramount to preserving the public's right to access the park. All hikers are being asked to respect the Fowlers' privacy and not trespass on private property. Clymire said signs are being installed.

In addition, Clymire said waterless/vault composting restrooms will be ordered and hopefully installed prior to the rains. Benches, tables and additional signs will be installed in late fall or early spring.

He said the county has negotiated a five-year lease with the state for use of the Cal Fire lookout tower, located on Wright Peak, to be used for supervised recreational activities in exchange for maintenance.

The county is seeking volunteer docents, preferably trained in cardiopulmonary resuscitation and first aid to supervise tower access, Clymire said.

During the initial lease period the county will work on legislation to extend the lease or have the state donate the tower to them, according to Clymire.

Utilizing more than $60,000 in donated acquisition funds, the county is in the process of purchasing another 47.5 acres of the Mazzola and Harbey properties where the road crosses their property. Clymire said this will allow irrevocable public access and replace the existing easement agreement.

For more information or to volunteer to assist with the Mt. Konocti park, contact the Lake County Department of Public Services at 707-262-1618.

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The Mary Downen cabin, built in 1903, visited by a group of community members on Thursday, October 14, 2010. Photo by Elizabeth Larson.

The quake occurred at 1:14 p.m. two miles north of The Geysers, four miles west of Cobb and seven miles west northwest of Anderson Springs, according to the US Geological Survey.

The US Geological Survey said the event had not yet been reviewed by a geologist, so the magnitude may later be adjusted upon review.

Seven shake reports from six zip codes – Kelseyville, Middletown Healdsburg, Modesto, San Francisco and Roseburg, Ore. – were submitted to the US Geological Survey.

The last earthquake measuring 3.0 in magnitude or above in The Geysers area occurred on Aug. 17. On that date a 3.5-magnitude earthquake was reported three miles east of The Geysers, the US Geological Survey reported.

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Daniel Ray Loyd, 50, of Nice, Calif., was arraigned in Lake County Superior Court in Lakeport, Calif., on Thursday, September 15, 2011, for the murder of 48-year-old Cindy Yvette Quiett of Upper Lake, Calif., on Tuesday, September 13, 2011. Lake County Jail photo.

LAKEPORT, Calif. – A man who is alleged to have shot and killed an Upper Lake woman earlier this week is facing numerous felony charges, including one that could make his prosecution a capital murder case.

Daniel Ray Loyd, 50, of Nice, was arraigned on Thursday for the murder of 48-year-old Cindy Yvette Quiett, who died after being shot in the stomach early on Tuesday, Sept. 13, as Lake County News has reported.

A memorial page for Quiett has been set up at https://www.facebook.com/pages/Memorial-Page-for-Cindy-Yvette-Arevalo-Drinnon-Quiette/257600590946958.

Loyd's defense attorney, Doug Rhoades, said Thursday that discovery and reports in the case were not available and so Loyd did not enter a plea at his arraignment.

Loyd is set to return to court on Monday, Sept. 26, at which time Rhoades anticipated a plea will be entered.

On Friday Deputy District Attorney John DeChaine, who is prosecuting the case, said Loyd is facing numerous felony charges.

He is charged with murder, a special allegation of using a gun, and a second special allegation alleging that Quiett's homicide occurred during the commission of a robbery, DeChaine said.

Under the California Penal Code, that special allegation of homicide during a robbery can result in life without the possibility of parole. It is also one of approximately 22 required conditions that can merit the death penalty upon conviction.

Some of the other conditions for capital murder include drive-by shootings, torture, gang affiliation, lying in wait, and killing of a law enforcement officer, political leader, judge or witness, according to the Penal Code.

DeChaine said he couldn't speculate on when a decision would be made about whether or not to seek the death penalty in Loyd's case.

“No decision would be made this early in the investigation,” DeChaine said.

In April, District Attorney Don Anderson and his staff decided not to pursue the death penalty for Robby Beasley and Elijah McKay, accused of the January 2010 double murder of former Maine residents Frank and Yvette Maddox, as Lake County News has reported.

The other counts Loyd is facing in the Quiett homicide case include robbery and a special allegation of use of a firearm; assault with a firearm, with a special allegation of personally using a firearm; allegations of being a felon in possession of a firearm and a felon carrying a loaded firearm in public; being a felon in possession of ammunition; a misdemeanor charge of brandishing a firearm; and special allegations that Loyd had two prior state prison terms, which attach to all of the main counts in the case, DeChaine said.

Lakeport resident Angel Dusty Spring, 35, was arrested at the same time as Loyd on Tuesday.

Spring is alleged to have called Quiett and her companion, Lucerne resident Patrick Ryden, to go with her to the casino early Tuesday, and also allegedly was with with Loyd when the shooting occurred, according to the sheriff's report.

Spring was arrested for violation of probation and being under the influence of a controlled substance.

Since her Tuesday arrest Spring has been released, according to jail records.

DeChaine said Spring has so far not been charged with any other counts in relation to the shooting.

“The whole matter remains under investigation,” DeChaine said.

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