- Elizabeth Larson
- Posted On
Clearlake Oaks man charged with deadly shooting spree makes first court appearance
LAKEPORT, Calif. – The Clearlake Oaks man who authorities say killed his own father and a friend, wounded a woman and a California Highway Patrol officer and attempted to shoot several others in a Monday rampage made his first appearance in court on Wednesday.
Alan Leroy Ashmore, 61, was arraigned on Wednesday afternoon before Judge Andrew Blum in Lake County Superior Court in Lakeport.
Ashmore is facing 21 felony counts, one misdemeanor charge and 24 special allegations for the shootings and crime spree, which in addition to the two dead and two wounded targeted eight other individuals, according to court documents.
In a rampage in Clearlake Oaks that lasted less than an hour beginning on Monday morning, Ashmore fatally shot his father, 85-year-old Douglas Ashmore, with a handgun in front of the home they shared on Anchor Village in the Clearlake Keys.
He went on to shoot and kill his longtime friend, 64-year-old Richard Eugene Braden, with a shotgun while Braden sat in his vehicle on Anchor Village.
Those who survived the shootings include Cantra Hoeck, who Ashmore shot with a handgun, and CHP Officer Steven Patrick. Ashmore discharged a shotgun an unknown number of times at Patrick, who was involved in the pursuit that eventually resulted in Ashmore’s capture.
One of the shotgun slugs struck Patrick’s bulletproof vest in the area of his abdomen, which helped him escape serious injury, authorities said.
The 11-page complaint the District Attorney’s Office filed against Ashmore ahead of Wednesday’s arraignment said Ashmore had numerous other victims during the day, including Harold Noell, Betsy Cheeks and Rodney Thomas, Brockman Krelss, Bob Higgins, Mauro Lopez and two John Does.
The felony charges include two counts of murder, two counts of attempted murder, one count of assault with a firearm on a peace officer, four counts of assault with a firearm, two counts of arson, two counts of malicious and willful discharge of a firearm at an inhabited dwelling, two counts of negligent discharge of a firearm in a grossly negligent manner at and in a residence, and one count each of burglary, robbery, evading a peace officer, unlawful possession of a short-barreled shotgun, felon in possession of a shotgun and a semiautomatic handgun, and felon in possession of ammunition, and misdemeanor hit and run.
The two counts of arson filed against Ashmore are for having set two small wildland fires – which Cal Fire said totaled less than two and a half acres – on High Valley Road as he attempted to escape from law enforcement.
A key special allegation filed against Ashmore is for multiple homicides, which Chief Deputy District Attorney Richard Hinchcliff said will make Ashmore eligible for the death penalty or life without the possibility of parole if he is convicted.
The other special allegations are for possession, use and discharge of firearms.
Defendant hears charges, plea entry date set
On Wednesday, Ashmore was seated in the back row of the jury box, wearing a green and white jumpsuit. He appeared wan and largely impassive.
Among those sitting in the audience were Patrick and his commander, Lt. Hector Paredes of the Clear Lake Area CHP Office, along with other law enforcement officers and District Attorney’s Office staffers.
Judge Blum read through all 22 charges and two dozen special allegations in the complaint.
The complaint revealed that Ashmore was convicted of felony burglary in Kings County in 1980 and served a two-year prison sentence. As a result, he was prohibited from possessing the firearms he used in the shootings.
Blum explained to Ashmore his rights and asked if Ashmore understood them. Ashmore answered in a quiet voice that he did.
When Blum asked Ashmore if he wished to be represented by an attorney, Ashmore said yes, and Blum appointed attorney Andrea Sullivan, who along with David Markham administers the county’s indigent defense contract.
District Attorney Don Anderson, who is personally handling Ashmore’s prosecution, asked Blum to keep Ashmore in custody without bail due to the severity of the crimes he’s accused of committing.
Blum agreed to do so, citing the seriousness of the allegations and the need to protect the public.
Sullivan asked for two weeks before Ashmore would be required to enter a plea. In response, Blum set the plea entry for Nov. 7, with Ashmore ordered to appear in court at that time.
After the court appearance, Sullivan told Lake County News that she had anticipated getting the case, for which she said she doesn’t yet have any reports. She said that may change by the Nov. 7 court appearance.
“The DA and I need to discuss how they are going to handle the case,” she said.
While Ashmore has been charged with the special circumstance that could make this a death penalty case, Sullivan pointed out that the county sees special circumstances in its homicide cases all the time.
The California penal code includes numerous special circumstances that can make a person eligible for the death penalty.
In addition to multiple murders, some of the other special circumstances listed in the penal code include murder carried out for financial gain; murdering a peace officer, federal agent, firefighter, prosecutor, judge, government official, juror or witness; murder involving torture; drive-by shootings; murder by a gang member; murder in commission of a felony; and lying in wait.
In Ashmore’s case, “I’m hoping this one can be dealt with in the normal course,” Sullivan said.
Authorities are continuing a complicated investigation, but Anderson told Lake County News that the various agencies involved are working together well and the work is moving along.
While a motive in the case hasn’t so far been revealed, Anderson said that on Monday morning, before the crimes occurred, Ashmore had been using drugs.
Charges against Alan Ashmore
Count one: Murder of Doug Ashmore. Special allegations: Personally and intentionally discharging a firearm, which proximately caused great bodily injury and death to Doug Ashmore; personally and intentionally discharging a firearm; personally using a firearm; personally using a firearm in the commission and attempted commission of murder.
Count two: Murder of Richard Braden. Special allegations: Personally and intentionally discharging a firearm, which proximately caused great bodily injury and death to Richard Braden; personally and intentionally discharging a firearm; personally using a firearm; personally using a firearm in the commission and attempted commission of murder.
Special allegation for multiple murder: The murders of Doug Ashmore and Richard Braden are a special circumstance.
Count three: Attempted murder of CHP Officer Steven Patrick. Special allegations: Personally and intentionally discharging a shotgun, which proximately caused great bodily injury to Patrick; personally and intentionally discharging a shotgun; personally using a shotgun; personally using a shotgun in the commission and attempted commission of the attempted murder.
Count four: Assault with a firearm on a peace officer, Officer Patrick. Special allegation: Use of a firearm.
Count five: Attempted murder of Harold Noell. Special allegations: Personally used a firearm; personally using a firearm in the commission and attempted commission of the attempted murder.
Count six: Assault with a firearm on Harold Noell. Special allegation: Personally used a firearm.
Count seven: Assault with a firearm on Cantra Hoeck. Special allegations: Personally used a firearm; personally inflicted great bodily injury.
Count eight: Burglary of home occupied by Betsy Cheeks and Rodney Thomas. Special allegation: Personally used a firearm, a shotgun.
Count nine: Malicious and willful discharge of a firearm at an inhabited dwelling, the home of Cheeks and Thomas.
Count 10: Negligent discharge of a firearm in a grossly negligent manner at and in the residence of Cheeks and Thomas.
Count 11: Malicious and willful discharge of a firearm at an inhabited dwelling, the home of Brockman Krelss.
Count 12: Negligent discharge of a firearm in a grossly negligent manner at the residence of Bob Higgins. Special allegation: Personally used a firearm.
Count 13: Assault with a firearm on Mauro Lopez. Special allegation: Personally used a firearm.
Count 14: Robbery of John Doe at Power Mart. Special allegations: Personally used a shotgun; personally used a shotgun in the commission and attempted commission of the robbery.
Count 15: Misdemeanor hit and run.
Count 16: Assault with a firearm on John Doe. Special allegation: Personally used a firearm.
Count 17: Evading a peace officer. Special allegation: Being armed in the commission and attempted commission of evading.
Count 18: Arson to forest land.
Count 19: Arson to forest land.
Count 20: Unlawful possession of a short-barrelled shotgun.
Count 21: Felon in possession of a shotgun and a semiautomatic handgun.
Count 22: Felon in possession of ammunition.
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