The law presumes that but for the fact that they were married, born or adopted (as relevant) after the execution of the will and/or trust that they would have been included. Those who qualify as an omitted heir have inheritance rights in the decedent’s estate.

Generally speaking an omitted heir is someone who was either married to, or born to, a now deceased person after that person had executed their final will and/or living trust while alive.

An omitted child is typically a natural born or adopted child of the deceased person. In narrow circumstances a step child or foster child can qualify too.

Let’s examine the omitted spouse and the omitted child separately.

A California registered domestic partner is treated the same as a spouse.

In addition, if a child who was alive when the now deceased person executed the will or trust which omitted the child may sometimes qualify as an omitted heir.

The child must prove that he or she was omitted either solely because the now deceased person was then unaware that the child was born or solely because he or she then believed the child to be deceased. The child must prove his or her eligibility to the satisfaction of the court.

A surviving spouse, domestic partner, or child, however, still does not qualify as an omitted heir in the following circumstances.

– First, if the decedent’s will or trust shows that the decedent intentionally failed to provide for the subsequent spouse or child/

– Second, if the decedent otherwise provided for the subsequent spouse or child outside of the will or trust (such as with life insurance, pay on death accounts, or substantial lifetime gifts to the surviving spouse or child).

– Third, if the surviving spouse voluntarily agreed to waive his or her inheritance rights (e.g., a premarital agreement).

– Fourth, if the deceased parent gave substantially all of his estate to the omitted child’s other parent (instead of to the child).

An omitted heir is entitled to receive an inheritance share that is equal to what they would have received had the deceased spouse died without a will or trust (i.e., an intestate share).

Thus, an omitted spouse is entitled to receive up to one-half of the deceased spouse’s separate property, in addition to his or her one-half interest in the couple’s community and quasi-community property.

The omitted heir’s inheritance comes first from the deceased spouse’s separate property that passes outside of the will or trust. If that is insufficient, then the balance comes out of the property that passes under the will and/or trust. It comes proportionately from each beneficiary’s share.

The foregoing allocation may be modified regarding any specifically gifted property using a specific gift to satisfy the omitted heir’s inheritance would defeat the deceased person’s intention.

The lesson to be learned here is that whenever a person marries or has a child that person should review their estate planning and have it updated as necessary. That way the person’s true intentions can be expressed and given effect.

Dennis A. Fordham, attorney (LL.M. tax studies), is a State Bar Certified Specialist in Estate Planning, Probate and Trust Law. His office is at 55 First St., Lakeport, California. Dennis can be reached by e-mail at This email address is being protected from spambots. You need JavaScript enabled to view it. or by phone at 707-263-3235.

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 , on Tumblr at http://lakeconews.tumblr.com/ and on YouTube at http://www.youtube.com/user/LakeCoNews .

Community members take part in the inaugural 'Grillin' on the Green' event in August 2010. Courtesy photo.

LAKEPORT, Calif. – A barbecue cookoff, musical entertainment by the LC Diamonds, children’s activities, a car show and a “washer tournament” will highlight this year’s “Grillin’ on the Green” fundraiser scheduled for Saturday, Aug. 6.

The event will take place from 5 p.m. to 8 p.m. at Westside Community Park, 1401 Westside Park Road.

The public is invited to attend and participate in the festivities, including the barbecue competition, the Westside Community Park fundraising committee has announced.

Proceeds go toward developing Westside Community Park.

In 2009, the Westside Community Park was awarded a $200,000 grant. The grant has assisted the Park Committee in the Phase II development, which must be completed by November 2011.

Phase II is a six-acre development with three soccer fields, one regulation baseball field, and one combination Little League/softball field. The estimated cost of Phase II is $335,000.

Westside Community Park is a city of Lakeport recreational facility that was established 12 years ago. The nonprofit Park Committee is developing the park in conjunction with the city of Lakeport, volunteers, and numerous contributions by individuals and businesses dedicated to constructing a recreational facility for the youth and adults of Lake County.

The park currently is four acres consisting of two soccer fields, a parking lot, a picnic area overlooking the soccer fields, and an ADA compliant walking path.

Future plans for development of the park’s full 60 acres include baseball/softball fields, a BMX track, a skateboard facility, football fields, a children’s play structure, a dog park, walking paths, and a horse arena.

“It will truly be a beautiful addition to Lake County and a much needed recreational facility for families, groups, and leagues,” said Dennis Rollins, chair of the Westside Community Park Committee.

Individuals and groups, from backyard barbecuers to professional grillers, have an opportunity to compete in the cookoff. There is no entry fee.

Each contestant is required to provide his/her own setup and samples of the chef’s “grillin’” specialty for 300 people. The competition will culminate in a presentation of the People’s Choice Awards. Deadline for submission of cook-off entry forms is July 15.

Ticket prices for the event are $25 per adult, $10 per child 12 years old or younger, and no charge for children 2 years old or younger. Tickets may be purchased in advance at Lake County Chamber of Commerce, Lake Event Design, and the Kitchen Gallery, all in Lakeport, and the Clear Lake Chamber of Commerce in Clearlake.

Tickets are also available from members of the fundraising committee. They are Dennis Rollins, Cindy Ustrud, Alice Holmes, Wilda Shock, Cindy Engstrom, Mary Ann Larrea, and Beth and Jeff Havrilla.

For cookoff entry forms or additional information about the event and the barbecue competition, contact Ustrud, 707-263-7091, or Rollins, 707-349-0969.

Information about the event and photos of last year’s event can be found on the park’s Web site, www.westsidecommunitypark.org.

The Park Committee also is seeking sponsorships for this year’s event, says Ustrud. This year’s major sponsors are the Keeling-Barnes Family Foundation, which is pledging matching funds up to $5,000, and BiCoastal Media.

Levels of sponsor recognition are $100, $300, $500, $1,000, $3,000 and $5,000. Sponsors will be recognized at the Grillin’ on the Green event.

All proceeds from the event will benefit the next phase of development of Westside Community Park.

Funds raised by the Lakeport Kiwanis Club’s “Washer Tournament” will also benefit the park. Teams will compete for cash and non-cash prizes. The tournament entry fee is $40 per team.

For registration information and entry forms, visit the Kiwanis Web site at http://kiwanislakeport.org.

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

The plan, in effect, would merge commands that the Army, Navy and Air Force have run with separate staffs and resources for decades.

Two of three surgeons general, for Air Force and Navy, oppose the move and hope senators will reject it when preparing their own version of the fiscal 2012 defense authorization bill, and then again when House-Senate conferees meet to negotiate away any differences between the two bills.

The plan to restructure military medicine, which the Army and Navy had embraced five years ago, assumes cost savings of $460 million a year by ending duplication of effort and staff redundancies across the services.

But Lt. Gen. Charles B. Green, Air Force surgeon general, said his service continues to oppose a unified command, in part because it disagrees the restructuring will save money.

“We believe a more effective and efficient joint medical solution can be attained without the expense of establishing a unified medical command,” Green said. “Changes to doctrine can be made within current authorities and do not require a new unified medical command.”

The Navy no longer supports medical command consolidation, at least not now. Vice Adm. Adam M. Robinson, Jr., Navy surgeon general, warned “there is currently no joint construct or doctrine to permit the seamless and safe care for our service members and their families” under a unified command.

But Lt. Gen. Eric Schoomaker, Army surgeon general and commanding general of Army Medical Command, finds “merit in considering the most effective and efficient command structures to support the strategic goals of the military health system, the services and the combatant commanders.”

Under the House bill, the unified medical command would be a major combatant command similar to U.S. Special Operations Forces Command (SOCOM), and reporting directly to the secretary of defense.

The four-star officer selected to run it would be given unprecedented authority over medical staffing, training, purchasing, operations and readiness, just as SOCOM is responsible for all aspects of combined special forces.

Medical personnel still would be trained for service-unique missions in the culture of parent services. But overall medical training, assignments, procurement and operational support would be centrally controlled.

The unified command would oversee three subordinate commands led by three-star officers. One would be responsible for all fixed military treatment facilities. A second would run all medical training and education plus research and development.

The plan is silent on functions such as logistics and information technology, allowing the department to organize those as it deems fit.

A third subordinate command, called the Defense Health Agency, would assume all functions now performed by the TRICARE Management Activity including the multibillion dollar TRICARE support contracts that support vast networks of civilian health care providers to deliver a triple health care option to family members and retirees.

The House directs the secretary of defense to present details for implementing these changes to defense committees by July 1, 2012.

In 2006, while Donald Rumsfeld was defense secretary, the department came near to recommending a similar restructuring plan to Congress. But it was vigorously opposed by the Air Force.

Military Update asked each current surgeon general his views on the unified command plan the House passed in HR 1540 (Section 711).

Green said the Air Force recognizes that service and joint medical doctrine “must be improved to assure service capabilities are fully interoperable and interdependent to bolster unity of effort. The services should continue integrating common medical platforms to reduce redundancy and lower costs.”

But a unified medical command might “not achieve the intended synergy or unity of effort,” Green said. No unified command model so far has included funds or oversight of “medical forces intrinsic to service line units.”

Because “line-funded” medical personnel represent 48 percent of Army medics, 25 percent of Navy medics but only 5 percent of Air Force medics, Green worries Air Force’s “ability to meet operational medical requirements would be disproportionately compromised” under a unified command.

Also, Greed said, a unified command “will require new systems and structure to oversee component headquarters and assigned forces. This will drive even higher costs. If a unified medical command follows the example of the current JTF CAPMED (Joint Task Force, National Capitol Region Medical), it is highly unlikely there will be cost savings.”

A unified command, he suggested, would create a “fourth” military medical service “without the discipline and historical rule sets that govern existing services” and that too will “likely drive costs much higher. Even more critical, a unified medical command may not be as responsive to the needs of service war fighters as is the current oversight by the services.”

Robinson argued the medical community “is already highly integrated” with Army, Navy and Air Force working “seamlessly to care for patients from battlefield to bedside. If we were to create a new unified command, it would require extensive study on how it would be best implemented so that we don't jeopardize our current capability or add excessive cost to the system.”

But Schoomaker, for Army, noted that “numerous” past studies have endorsed a unified medical command to improve the health of the force and to reduce redundancies. “Like all major organizational transformation efforts, however, the devil resides in the details,” he said.

“Army Medicine recognizes the merit inherent in these efforts, providing that the continuum of care remains fully integrated,” he said.

To comment, e-mail This email address is being protected from spambots. You need JavaScript enabled to view it., write to Military Update, P.O. Box 231111, Centreville, VA, 20120-1111 or visit: www.militaryupdate.com.

Follow Lake County News on Twitter at http://twitter.com/LakeCoNews, on Tumblr at www.lakeconews.tumblr.com, 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 north Lakeport teen was arrested early Friday after he allegedly was caught burglarizing a Polk Street home by a man who lived there.

Jaime Luis Mitchell, 19, was taken into custody as a result of the incident, according to Lakeport Police Sgt. Kevin Odom.

At 5 a.m. Friday Lakeport Police officers, assisted by Lake County Sheriff's deputies, responded to an address in the 100 block of S. Polk Street in Lakeport on the report that the resident of the home was detaining a burglary suspect caught inside his home, Odom said.

When officers arrived they found the man had detained Mitchell, who Odom said was subsequently arrested.

Odom said the investigation revealed that Mitchell had allegedly entered the home through the back door. While Mitchell was allegedly in the process of taking property, the resident discovered Mitchell in his home and physically detained him while police were called.

Mitchell, who has prior burglary arrests and is on probation for burglary, is alleged to have had burglary tools in his possession, according to Odom.

He said Mitchell was booked at the Lake County Jail for burglary, possession of burglary tools and a probation hold.

The Polk Street incident remains under investigation, Odom said.

Police also are investigating a second Friday morning burglary that Odom said may be related to the one on Polk Street.

At 8:20 a.m. a burglary was reported in the 100 block of S. Starr Street, which Odom said is in the same area as the S. Polk Street burglary.

Odom said it is believed that Mitchell may be involved in the S. Polk Street burglary as well.

Mitchell was previously arrested in March 2010 for drunk driving after a car he was driving flipped near the intersection of Lakeshore Boulevard and Penelope Court in north Lakeport, as Lake County News has reported.

In that crash, Mitchell and two other teens were ejected from the vehicle. All were injured, including Mitchell, who had major injuries, according to the initial California Highway Patrol report.

Anyone with information related to the Lakeport burglary incidents is encouraged to contact the Lakeport Police Department at 707-263-5491.

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

Jim Robbins is retiring after spending 39 years as a fire chief. He first served as head of the fire department for Lucerne, Calif., and later as chief of Northshore Fire Protection District, which he was appointed to lead in 2006 after Lucerne, Nice, Upper Lake and Clearlake Oaks all consolidated into one district. Courtesy photo.

LUCERNE, Calif. – After 39 years as a fire chief, Jim Robbins is preparing for his retirement.

Robbins, 59, is marking his last official day on the job as Northshore Fire chief on Thursday, but he said this week that, with the final selection of his successor still a few weeks out, he'll remain on the job long enough to help get the new chief settled.

“It's not that I really want to walk away from it, it's just that I feel that it's time,” Robbins said Wednesday of his plans to retire.

He's been on the job a long time.

At the age of 20, Robbins became the chief of the Lucerne Fire Department. In 2003, he became chief of the Northshore Fire Joint Powers Agreement, and was appointed chief of the newly formed Northshore Fire Protection District in November 2006.

He oversees a department with a $2.8 million annual budget, drawing its revenues from property tax, a fire fee and money generated from ambulance services.

The district has 17 paid employees and 58 volunteers covering seven stations, three of which – Lucerne, Clearlake Oaks and Nice – are manned around the clock, seven days a week, in order to serve one of the state's largest fire districts, covering more than 350 square miles.

“I've surrounded myself with good administrative staff, so it works out real well,” he said.

No matter the size of a department, Robbins said there are always challenges. “The people that we've hired are up for the challenge and want to help people, and I'm very proud of that part of it.”

Robbins has spent most of his life in Lake County, moving here with his family when he was about 12 years old.

He credits his mother with spurring his interest in firefighting.

While they still lived in San Francisco's Sunset District, he remembered that when fire engines would go down the street, his mother would chase them to see where they were going. “So that's kinda how I got my start.”

He would find himself actively getting involved in firefighting just a few years later.

When he was 15 and living in Lucerne, he and a friend watched local firefighters prepare for a Thursday night fire drill at a local wrecking yard.

He remembered the firefighters setting up an old car that would be set on fire, and putting a dummy in the front seat that firefighters were supposed to remove after they had extinguished the fire.

After the fire chief set up the car and left, “Being kids, we decided we were going to help them out a little bit,” said Robbins, explaining that he and his friend then wired the dummy into the car.

Jim Robbins worked his way up through the ranks, joining the fire department in Lucerne, Calif., while still a teenager. He and appointed as the agency's chief when he was 20 years old. Lucerne was merged along with several other districts into the Northshore Fire Protection District, a process that was completed in 2006, at which time he was appointed the new district's chief. Courtesy photo.

Later, they watched firefighters arrive and try to get the dummy out of the car after putting out the fire. He said the chief looked at them and, said, “So you boys want to be firemen, don't you?”

The young Robbins and his friend were invited to help roll up hose, and after being told they did a good job, they were invited to the station for the next meeting, at which time the chief said they needed to start a junior fire department.

That was in 1967, and during the next several years Robbins would work his way up through the ranks – from engineer to captain and deputy chief before receiving the chief's job at age 20.

In the years since then, he's watched the community grow, seen needs increase and the witnessed requirements for firefighters change significantly.

Today, volunteers must complete 240 hours of training annually, as much as paid personnel, as well as completing continuing education, he explained.

“The demand on them any more is really tough,” he said.

One of the most memorable incidents of his tenure was the August 1996 Fork Fire in the Mendocino National Forest.

At nearly 83,000 acres, the fire is still ranked among the largest in United States history. Robbins, who has traveled with strike teams to battle blazes around California, said he believes it was the largest fire he'd ever fought.

The cause of the fire was attributed to an unattended campfire in White Buck Canyon, at the base of Elk Mountain. Robbins said four homes and numerous outbuildings were destroyed by the fire, which he personally was on for 13 days.

Robbins said the fire was “crazy,” and recounted how it created its own wind as it raced through the wildland.

“It almost sounds like a freight train coming down a track toward you. It just rumbles as it gets closer,” he said, adding, “I didn't think I was ever gonna see my kids again after that one.”

Firefighters came from around California to help fight the Fork Fire, which Robbins remembered at one point jumped over firefighters in a “flashover.” Good safety plans, he added, helped firefighters survive it.

Robbins said the firefighters had been proud of their ability to save numerous older buildings that had been part of the Bartlett Springs Resort from the Fork Fire.

He said one of his biggest disappointments was seeing many of those same buildings destroyed by an arsonist in 2007. But Northshore Fire's efforts helped lead to the arrest and prosecution of Norman Henderson, who later was sentenced to 24 years in state prison for the serial arsons.

Time for transition

Since Robbins announced his retirement earlier this year, the Northshore Fire Protection District Board of Directors has been working to find the district's new chief.

“I think it's time for someone younger to come in and build a future for themselves and be progressive,” he said.

Robbins said he has not been involved in the hiring process, choosing to step back and allow the district to make its choice. “They've basically handled it to this point.”

He said three top candidates have been chosen and are now going through background checks. A final selection is expected within a few weeks.

Although June 30 was his planned retirement date, “I've agreed to stay on just a little longer,” said Robbins, adding that he will help with the new chief's transition in order to make it a smooth one.

Once that's completed, Robbins will start his next chapter.

“I have a lot of things that I'd like to see and do,” he said.

A retirement party is being held for Robbins on July 23 at the Clearlake Oaks Moose Lodge, located at the intersection of Highways 20 and 53. Hospitality will start at 3 p.m. with dinner at 5:30 p.m., and presentations and desserts at 6:30 p.m.

Tickets are $20 each and can be purchased from any member of Northshore Fire's personnel.

Robbins said he plans to stay in Lucerne in retirement.

His wife, Leah, is a captain/paramedic with Northshore Fire, and his mother lives on a ranch above town where he plans to help do some farming.

In addition, there are plans for fishing and, he added, “My wife's got a list of things for me to do.”

Looking back on his work with the fire department, Robbins said, “I just hope that I left it better than I found it.”

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

“Celebrating our great country’s birthday with friends and family is a holiday tradition for many people,” said CHP Commissioner Joe Farrow.

“Many Californians will be taking to the roadway and we encourage motorists to celebrate safely; designate a non-drinking driver, buckle up, minimize distractions and allow yourself plenty of time to get to your destination so that you don’t feel the need for speed on the highway,” Farrow said.

The CHP will join travelers on the roadway this coming weekend. The Independence Day weekend is a Maximum Enforcement Period (MEP) for the CHP.

Officers will be on duty during the MEP, which begins at 6 p.m. Friday, July 1. and continues through 11:59 p.m. Monday, July 4.

“With many people taking to roadway this holiday weekend, motorists can rest assured our officers will be on the lookout for those in need of assistance,” said Farrow.

In addition to providing service to motorists, throughout the Independence Day MEP, CHP officers also will focus on removing impaired drivers from the roadway, discouraging speeders from exceeding the posted speed limit and encouraging all motorists to buckle up; those are three primary causes of death on the roadway.

During last year’s Independence Day MEP, 23 people were killed statewide; among the 11 vehicle occupants killed in CHP jurisdiction, three were not wearing a seat belt.

In addition, CHP officers made 1,438 arrests for driving under the influence.

“We want you to travel safely through this great state and enjoy your weekend with friends and family,” added Commissioner Farrow.

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

Kevin Ray Stone, 29, was taken into custody on a felony warrant at about 1:45 a.m. Friday by Sonoma County Sheriff's deputies, according to a report from Clearlake Police Sgt. Martin Snyder.

Snyder said Stone was booked into the Sonoma County Jail.

For nearly two weeks police have been trying to locate Stone, one of three suspects in the June 18 shooting that claimed the life of 4-year-old Skyler Rapp, and wounded his mother, Desiree Kirby, 22, along with her boyfriend, Ross Sparks, 25; his brother, Andrew Sparks, 23; Ian Griffith, 19; and Joey Armijo, 15.

Already in custody are 23-year-old Orlando Joseph Lopez and Paul William Braden, 21, both of Clearlake Oaks. Both Lopez and Braden have been charged with murder, several counts of attempted murder and assault with a deadly weapon, mayhem and numerous special allegations.

Snyder said the Clearlake Police Department received an anonymous tip from a caller who said Stone was in Sonoma County.

Clearlake Police Department, which has been working with the Sonoma County Sheriff’s Office in the effort to locate and arrest Stone, passed the information on to them, Snyder said.

As a result, deputies from the Sonoma County Sheriff’s Office and the Sonoma County Violent Crimes Unit responded to the area where Stone was reported to be, and located and arrested him, according to Snyder.

The Clearlake Police Department recognized the efforts of the Sonoma County Sheriff’s Department and all other Sonoma County Law enforcement agencies that have been working with them to locate and capture Stone, Snyder said.

He said details of the arrest will be forthcoming.

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

Caltrans said Wednesday that the project will include the installation of flashing beacons at the intersection of Highway 29 and Hartmann Road near Hidden Valley Lake.

The flashing beacons are intended to warn motorists traveling along Highway 29 when vehicles are on Hartmann Road waiting to enter the highway, and when vehicles on southbound Highway 29 are waiting to turn left onto Hartmann Road, Caltrans reported.

The intersection was the site last week of a collision that killed a Clearlake woman, and a Rodeo woman died as the result of injuries she suffered in a crash there over the 2010 Memorial Day weekend, as Lake County News has reported.

Both of the women who died were in vehicles attempting to turn onto Highway 29 from Hartmann Road, based on California Highway Patrol reports.

Caltrans said traffic actuated flashing beacons have been installed at other locations in the agency's District 1 – which covers the North Coast – and have proven to be effective.

Work on this approximately $290,000 project will be performed in two stages with a brief break in between, Caltran said.

Stage one, which will take about two weeks, will consist of repairing metal beam guardrail, installing

electrical conduit, and installing the traffic sensor loops. When this stage is complete Caltrans said Pacific Gas & Electric will be notified to connect power.

After PG&E connects power, stage two will begin, Caltrans said. Stage two, which will take about two weeks, will install the actual flashing beacon system.

The agency said the project should be completed by the end of August.

Current work will be performed under a shoulder closure, and Caltrans advised motorists to drive with caution through the area and may experience minor traffic slowdowns.

Future work will require one-way traffic control, and Caltrans said motorists should anticipate 10-minute delays.

The contractor is GBA Engineering of Fullerton, Caltrans said.

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

Paul William Braden, 21, of Clearlake Oaks appeared with his defense attorney, Jacob Zamora, before Judge Stephen Hedstrom in Lake County Superior Court's Clearlake division Tuesday afternoon, according to District Attorney Don Anderson.

Anderson said Braden pleaded not guilty to all of the counts against him, as well as a number of special allegations.

Braden is one of three men accused of opening fire on a family and their friends at a residence on Lakeshore Drive in Clearlake late on the night of Saturday, June 18.

He was charged last week with one count of murder for the death of 4-year-old Skyler Rapp; and five counts of attempted murder for shooting Desiree Kirby, 22, Skyler Rapp's mother, along with her 25-year-old boyfriend, Ross Sparks and his brother, Andrew Sparks, 23, as well as Ian Griffith, 19, and Joey Armijo, 15.

Braden also faces six counts of assault with a deadly weapon, two counts of mayhem and special allegations including personally using and discharging a firearm causing great bodily injury, the District Attorney's Office previously reported.

Each attempted murder charge carries a potential life sentence, and the special allegations also could carry 25-years-to-life prison terms, Chief Deputy District Attorney Richard Hinchcliff said last week.

Hinchcliff said the prosecution will not be a death penalty case because the evidence doesn't support any of the 22 required conditions for capital prosecution.

State law sets out standards that require prosecutors prove conditions that include lying in wait; gang affiliation; torture; killing of a law enforcement officer, political leader, judge or witness; and drive-by shootings, among numerous other scenarios.

Charged last week along with Braden was Kevin Ray Stone, 29, of Clearlake, who is still at large.

Acting Clearlake Police Chief Craig Clausen indicated Tuesday afternoon that he had no updates yet on the efforts to locate and arrest Stone.

Braden's arraignment came several hours after a third suspect in the case, 23-year-old Orlando Joseph Lopez, was rearrested, as Lake County News has reported.

Lopez and Braden both had been arrested on June 20, with Lopez released from the Lake County Jail late last week as investigators continued to work to build a case against him.

On Tuesday morning, Clearlake Police Det. Tom Clements picked Lopez up after he was able to assemble the needed evidence to charge him, according to Hinchcliff.

Lopez is being held in the Lake County Jail with bail set at $1,510,000. His booking records indicate he is to appear in court for arraignment on Thursday, June 30.

Braden's preliminary hearing has been set for Aug. 1, Anderson said.

Anderson – who indicated he will be handling the prosecution of Braden, Lopez and Stone – said it's too early to tell if all of the men will be tried together.

“We just don't know yet,” he said.

The Clearlake Police Department also is continuing it extensive work on the case, he said.

The victims who survived the shooting are continuing their own work along the road to recovery.

On Tuesday, UC Davis Medical Center spokesman Charles Casey said Kirby, the most seriously injured of the survivors, was listed in fair condition.

Ian Griffith and Andrew Sparks were discharged late last week, according to Casey.

Ross Sparks had been discharged a few days after the shooting and Armijo had been treated and released at Santa Rosa Memorial Hospital, as Lake County News has reported.

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

The cat overpopulation problem in Lake County, Calif., means many kittens and cats end up in the Lake County Animal Care and Control shelter, like these kittens, who are hoping for a new home. Photo by Elizabeth Larson.

LAKEPORT, Calif. – Everyone has seen them – and many have fed them – but community members learned at a presentation last Friday the depth and scope of the feral and unowned cat problem in Lake County.

The startling truth: Lake County euthanizes more cats per capita than any other county in the state.

“We knew it was a big problem,” said Lake County Animal Care and Control Director Bill Davidson, “but after this, we began realizing just how big the problem was.”

The June 24 presentation was given by Dr. Richard Bachman, DVM, director of Veterinary Services for Contra Costa County and owner/operator of Shelter Medicine Support, a veterinary consulting and services group.

Nearly 30 community members were in attendance to learn steps that Lake County can take to address the estimated 11,000 free-roaming cats, which will help protect the estimated 11,900 owned cats here.

“Control of community cats is one of the most controversial issues in animal welfare,” Bachman said.

Bachman came to Lake County recently to visit the county's shelter facility on Helbush Drive in Lakeport and evaluate the possibility that the department could sustain an in-house medical program to help change the statistics on euthanasia.

In Lake County, the euthanasia rate of cats and dogs is 44.7 per 1,000 human population – placing the county at No. 1 statewide.

The euthanasia rate for cats alone in Lake County is 37.2 per 1,000, while the state average is 11.5 per 1,000.

Rates in neighboring counties are much lower. Napa and Mendocino counties are at 10.2 and 9.9 respectively, with Sonoma at 14.0, according to Bachman.

“In most communities, there are feral cats,” said Bachman.

He described ferals as cats that take care of themselves and do not seek human assistance, as well as “community cats” – or cats that go house to house begging for scraps, but who are not owned, nor taken to a veterinarian for shots or sterilization by anyone.

“Fifty percent of the feeders of community cats do not own cats themselves,” he said.

Cats are the only animal species that have domesticated themselves, Bachman stated, “and they began doing so over 10,000 years ago.”

Physiologically, cats have “obligatory ovulation,” meaning a cat will stay in heat and able to conceive kittens until it breeds, giving them, “an average of 1.4 litters … of three kittens … per year,” Bachman explained.

“In the United States, there are 82 to 88 million owned cats,” Bachman said.

Of those owned cats, Bachman said 80 to 85 percent are sterilized. However, there also are 80 to 90 million community cats, with the same number born each year. “So you see the problem,” he said.

The bottom line, Bachman explained, is that euthanizing and disposing of animals is expensive – and not what a community wants to be known for doing.

Nonlethal control of unwanted pet populations must be, “of adequate scale to manage the size of the unknown at population, safe for the environment, affordable, sustainable, and acceptable to the public,” Bachman explained.

At shelters, truly feral cats that are brought in are often euthanized as “unhealthy” under the “Asilomar Accords.”

The accords were devised in August of 2004, when a group of animal welfare industry leaders from across the nation convened at Asilomar in Pacific Grove, Calif., to focus on significantly reducing the euthanasia of healthy and treatable companion animals in the United States, Bachman said.

However, many times, “Princess” – a well-loved cat now under stress – also is brought in to a shelter and labeled “feral,” then euthanized, according to Bachman, who suggested that nonlethal measures and programs be established.

Bachman outlined several successful models of “TNR” (trap, neuter and return/release), combined with vaccinating for rabies and “tipping” the cats' ear so they can be easily identified as sterile. He noted studies that showed a decrease in community cat populations when such models are used.

“Live release is a morale booster for shelter staff and the community,” Bachman said, “because you are not killing cats.”

Given the size of the problem in Lake County, and that “cat season” is well under way once again, Davidson asked Bachman, “Where do we begin?”

Davidson said this week that one of his next steps is to pursue grant funding for spaying and neutering feral cats.

He said every veterinarian he's spoken to around the county has agreed to do low-cost spaying and neutering for feral cats in support of an effort to address the problem.

In addition, a quarter of the people who have brought feral cats in have indicated that they would keep the animals if there were low-cost services available, he said.

Trap and release programs, such as Bachman discussed, need to have someone who is willing to oversee a cat colony with a place to do it. Davidson said grants could help fund such efforts.

E-mail Terre Logsdon 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 Tumblr at www.lakeconews.tumblr.com, on Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at http://www.youtube.com/user/LakeCoNews .

The quake occurred at 4:13 a.m., according to the US Geological Survey.

Survey records showed that the quake was centered two miles south southwest of Anderson Springs, five miles west of Middletown and six miles west of Cobb, at a depth of 1.2 miles.

The US Geological Survey received 13 shake reports from six zip codes – Hidden Valley Lake, Middletown, Healdsburg, Elk, Santa Rosa and San Francisco.

A 3.0-magnitude quake occurred three miles southwest of Anderson Springs on June 24, according to US Geological Survey records. That quake received 11 shake reports from around the North Coast and the Bay Area, but not from within Lake County.

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

On June 23 the California Transportation Commission (CTC) allocated $825 million in new funding to 92 highway, transit, and rail projects that will strengthen California’s economy and upgrade the state’s vast transportation system.

The allocations included nearly $9 million from Proposition 1B, a 2006 voter-approved transportation bond. To date, the state has allocated nearly $8 billion in Proposition 1B funds.

“From one end of the state to the other, transportation projects are providing jobs and improving mobility for people and businesses in California,” said Caltrans Acting Director Malcolm Dougherty.

Lake County will receive $6.15 million for a project to repave about three miles of Highways 29 and 53 in Lower Lake, Caltrans reported.

Caltrans spokesman Phil Frisbie said the project will repave Highway 53 from the junction of Highway 29 and 53 to 40th Avenue. There also will be repaving done on Highway 29 on either side of the intersection of Highways 29 and 53.

There also will be some guardrail repairs, Frisbie added.

The goal is to improve ride quality, prevent further deterioration of the road's surface, extend the roadway life and minimize costly repairs, according to the project list.

Frisbie said the paving project will extend to the south end of another, separate project to rehabilitate Highway 53 and install a traffic signal at the Olympic Drive intersection.

The list of projects also included $236,000 for a pedestrian and bicycle safety outreach program – with emphasis on areas where the state highway is the main street – in Lake, Humboldt, Mendocino and Del Norte counties.

In March Lake County received $13.3 million to repave sections of Highways 29 and 175, as Lake County News has reported.

Other notable projects around the North Coast include several in Mendocino County, including $9 million for a project that will replace the Greenwood Creek Bridge on Highway 1 near Elk with a wider bridge that will include a protected pedestrian walkway; $9.9 million to repave about 20 miles of Highway 128 from near Boonville to the Sonoma County line; $300,000 for road improvements to reduce collisions near Willits; and $3 million to remove a bypassed northern portion of Highway 101 as part of minimizing the manmade features along the south fork of the Eel River, which has received “wild and scenic” designation.

Among the largest dollar value projects approved statewide include two notable design-build projects in Los Angeles County that received $526 million in allocations: the Gerald Desmond Bridge ($470 million) and the Interstate 10/Interstate 605 Direct Connector ($56 million).

Design-build streamlines a project by overlapping design and construction to speed up construction and potentially reduce costs, Caltrans said. Design-build is currently being used in 32 other states.

Caltrans obtained design-build authority in February 2009 with the passage of Senate Bill 4 (second extraordinary session).

The legislation established a demonstration program, which allows 10 design-build projects for Caltrans and five for local transportation agencies, subject to authorization by the CTC.

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

062311 California Transportation Commission Allocations