LAKEPORT, Calif. – A Lakeport man has been sentenced to jail time for driving on a suspended license twice – including during a 2013 wreck that claimed a man's life – but the vehicular manslaughter case against him for that fatal crash has been dropped after a jury deadlocked at trial in May.

On Friday Wayne Leroy Caldwell, 42, was sentenced to two years in the Lake County Jail after having pleaded guilty to two counts of driving on a suspended license, according to Deputy District Attorney John DeChaine.

In May, shortly after he'd entered those pleas, Caldwell had gone on trial for misdemeanor vehicular manslaughter for the crash that killed 26-year-old Brandon Helmer of Kelseyville on Dec. 7, 2013. However, the result was a hung jury.

A few weeks after the jury's deadlock, DeChaine announced that the District Attorney's Office would not refile the vehicular manslaughter case against Caldwell.

“We had presented the evidence that was legally admissible, but it wasn't sufficient to prove the case beyond a reasonable doubt,” DeChaine told Lake County News.

Caldwell, who was driving on a suspended license at the time of the crash, was not impaired by any substances at the time of the wreck, according to the California Highway Patrol's report on the crash.

However, DeChaine said Caldwell had admitted to investigators that at the time of the crash he was tired.

DeChaine said the evidence suggested that Caldwell fell asleep, which caused his 1994 Dodge Ram pickup to cross double-yellow lines on Highway 29 south of Cruickshank Road outside of Kelseyville.

His pickup drifted into the path of Helmer's 1992 Acura Integra, causing a head-on collision that killed Helmer, a young husband and father of three little girls, with his wife later giving birth to their fourth daughter.

Andrea Sullivan, Caldwell's defense attorney, said on the day of the crash he had driven from Willits – where he was living at the time – to Clearlake, stopped, visited with friends and ate, and at about 4:40 p.m. began the return trip to Willits.

She said the CHP estimated Caldwell had only been driving around 20 minutes when the crash occurred.

The prosecution alleged that Caldwell was negligent in not getting off the roadway after he realized he was tired. DeChaine said Caldwell had told investigators that, because he was tired, he had planned to pull over.

By not getting off the road at that point, DeChaine said Caldwell put the public at risk. “For us, that was the demonstration of negligence,” and the basis for the vehicular manslaughter case, he said.

With Caldwell not having been impaired by drugs or alcohol, and the fact that he was reported to have had adequate sleep the night before, Sullivan said she advised him to be checked out by a doctor.

She said Caldwell subsequently took part in a sleep study which determined he had moderate to severe sleep apnea, a condition that can cause people to be tired or fall asleep unexpectedly.

Before the trial started, DeChaine said Caldwell pleaded guilty to two of the counts against him – driving on a suspended license on the day of the crash that killed Helmer and again on Jan. 31, 2014 – which took those out of the jury's purview.

“They were all in the same case but we had him plead before the trial began to the driving on a suspended license,” Sullivan said.

Caldwell went on trial on May 18, with six full days of testimony, Sullivan said.

At trial, she presented evidence of Caldwell's sleep apnea, with Dr. James Steele – who runs four sleep centers in Lake, Humboldt, Mendocino and Sonoma counties – giving testimony on the sleep disorder. Sullivan said Steele was not the doctor who did Caldwell's sleep study.

Sullivan argued that Caldwell was overcome by a medical condition and therefore was not negligent or guilty of manslaughter.

Caldwell did not testify in the case, DeChaine said.

DeChaine said the case had challenges, including that witnesses had not seen any behavior or driving pattern that caused them concern before Caldwell drifted into oncoming traffic and hit Helmer.

“From my perspective, that doesn't matter,” said DeChaine, adding that the average person knows when they are too tired to be behind the wheel.

However, at the end of May, the jury deadlocked and announced it couldn't reach a verdict. The split was 7-5, with the majority of the jurors in favor of a not guilty verdict, “which I think is pretty significant,” said Sullivan.

“From my perspective, the hung jury was obviously a disappointment but the case did have its challenges,” said DeChaine.

At a followup court appearance on June 20, DeChaine told the court the vehicular manslaughter case against Caldwell was being dropped.

Although DeChaine did not elaborate on the reason in court, he told Lake County News on Friday – after Caldwell's sentencing – that despite a strong investigation by the CHP, “One of the challenges is that we couldn't definitively demonstrate when he started to fall asleep.”

DeChaine said that because of evidence code limits, the prosecution also couldn't raise the issue during trial of Caldwell's five prior convictions for driving on a suspended license.

After the vehicular manslaughter portion of the case was dropped, Caldwell still faced sentencing for the December 2013 and January 2014 driving on a suspended license charges, with the prosecution arguing that, because of his long history of prior convictions, probation wasn't appropriate.

Retired Judge Arthur Mann – who presided over the case – agreed, and on Friday imposed the maximum sentence allowed for misdemeanor charges, one year in the county jail for each count. DeChaine said the counts will run consecutively, for a total of two years.

“I was pleased with the stiff sentence that Judge Mann handed down,” DeChaine said.

Just how much of that two years Caldwell will serve is unclear, as he could be entitled to credits of up to 50 percent, said DeChaine.

Even had Caldwell been convicted of vehicular manslaughter, DeChaine said he was unlikely to serve more time in jail than he received on Friday because of the statutory limits on misdemeanor sentencing.

While he would have liked to have the manslaughter conviction in the case, DeChaine said, “Nothing can bring Brandon Helmer back. No conviction can turn back the events that led to his death.”

DeChaine said Caldwell must report on Aug. 10 to begin serving his sentence in the Lake County Jail.

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.

LAKEPORT, Calif. – A domestic turkey in north Lakeport tested positive for West Nile virus, the Lake County Vector Control District confirmed Friday.

Officials said the bird was picked up on June 28.

“This is the time of year when we expect to see West Nile virus activity,” said Jamesina Scott, Ph.D., the Lake County Vector Control District's manager and research director. “WNV is being transmitted by mosquitoes now, and is a timely reminder to avoid mosquito bites.”

No other West Nile virus has been detected in Lake County in 2016, Scott said.

Statewide, 23 California counties have detected WNV this year, mainly in mosquitoes and dead birds. No human cases have been reported in California this year, according to California's West Nile virus Web site, http://westnile.ca.gov/ .

This weekend, many people will be outside during dusk and dawn when mosquitoes are biting. Scott recommended using an insect repellent that contains Picaridin, DEET, IR3535, Oil of Lemon Eucalyptus or PMD on exposed skin, and consider wearing long-sleeved shirts and pants to prevent mosquito bites.

Residents are urged to help reduce their risk of contracting mosquito-borne diseases by following these guidelines:

• Dump or drain standing water. Mosquitoes grow in standing water.

• Defend yourself with mosquito repellents containing Picaridin, DEET, IR3535, Oil of Lemon Eucalyptus, or PMD.

• Avoid being outdoors when mosquitoes are biting, typically dawn and dusk.

• Maintain neglected swimming pools. Just one can produce more than one million mosquitoes and affect people up to five miles away.

• Report dead birds to the toll-free state hotline: 1-877-968-2473 or online at http://www.westnile.ca.gov/report_wnv.php .

The mosquitoes that transmit WNV develop in out-of-service swimming pools and spas, animal watering troughs, ornamental ponds and other sources of standing water.

The district offers free mosquito-eating fish to control mosquitoes in these sources. Residents are encouraged to contact the district to report neglected pools, request service for mosquito problems, or to get mosquito fish at 707-263-4770 or to fill out a service request online at www.lcvcd.org .

The Lake County Vector Control District traps and tests mosquitoes throughout the county to identify the areas that have the highest risk, and targets those areas for source reduction and treatment using an integrated vector management program.

Residents with questions, or who would like help with a mosquito problem should contact the Lake County Vector Control District at 707-263-4770 Monday through Friday, 7:30 a.m. to 4 p.m., or visit the agency's Web site at www.lcvcd.org .

For more information about West Nile virus, visit http://www.westnile.ca.gov/ .

Information about mosquito repellents can be found on the US Centers for Disease Control and Prevention Web site at http://www.cdc.gov/westnile/faq/repellent.html .

California Attorney General Kamala D. Harris on Friday announced the release of four annual crime reports, which provide law enforcement agencies and the public with statewide data on crime statistics in their communities.

The reports released include:

– Crime in California;
– Hate Crime in California;
– Homicide in California;
– Juvenile Justice in California.

A complete copy of the reports can be found at http://openjustice.doj.ca.gov/publications .

The Attorney General Office also is making raw data from the Crime in California report easily and widely available in an effort to promote transparency and encourage researchers, academics and interested parties to further analyze the data.

The information can be accessed via the Attorney General’s OpenJustice Web site, which shares key findings in its data stories and publishes raw data on its data portal from the California Department of Justice’s statewide repository of criminal justice datasets.   

This March, Attorney General Harris and Assemblymember Jacqui Irwin introduced Assembly Bill 2524, which would convert Crime in California and other criminal justice annual reports published by the California Department of Justice into a set of key findings, data visualizations, and downloadable digital datasets that will be updated quarterly on the Attorney General’s OpenJustice Web portal.

Crime in California 2015 presents statewide statistics for reported crimes, arrests, dispositions of adult felony arrests, adults placed on probation, full-time criminal justice personnel, citizens’ complaints against peace officers, domestic violence related calls for assistance, and law enforcement officers killed or assaulted.

Highlights for 2015:

– The violent and property crime rates per 100,000 population increased from 2014 to 2015; the 2015 rates are 2.9 percent and 0.4 percent lower than 2010 (respectively).

– From 2010 to 2015, the robbery and aggravated assault rates decreased 13.2 percent and 1.1 percent, respectively.

– The arrest rate decreased by 4.5 percent from 2014 to 2015; a total of 1,158,812 arrests in the state in 2015; the lowest since 1969 (1,212,845 arrests in 2014).

– Misdemeanor driving under the influence arrests decreased for the fifth year in a row.

– Adult felony arrest rates decreased by approximately 29 percent (predominantly burglary and drug offenses) and adult misdemeanor rates increased by 10 percent (also predominantly burglary and drug offenses) most likely due to the reclassification of Proposition 47 crimes.

– There was an 8.1-percent increase in all aggravated assaults and 15.7-percent increase in aggravated assaults with a firearm from 2014 to 2015.

– Assaults on peace officers increased by 10 percent from 2014 to 2015

Homicides in California 2015 contains information related to homicide, including demographic data on victims, persons arrested for homicide, persons sentenced to death, peace officers feloniously killed in the line of duty, and justifiable homicides.

Highlights from 2015:

– The homicide rate increased in 2015 (from 4.4 to 4.8 per 100,000); a total of 1,861 homicides in the state

– Over the past decade the homicide rate ranged from a high of 6.9 percent in 2006 to last year’s low of 4.4 percent.

– In 2015, 82.8 percent of homicide victims were male and 17.2 percent were female.

– The largest proportion of victims has consistently been Hispanic.

– There were 163 justifiable homicides reported in 2015, with 130 committed by a peace officer and 33 committed by a private citizen.

– Firearms are used in over 70 percent of homicides in 2015; there was a 9.2 percent increase in the number of homicides with a firearm compared to 2014.

Hate Crime in California 2015 reports statistics on hate crimes that occurred in California during 2015.

Highlights from 2015:

– Hate crime events increased 10.4 percent from 758 in 2014 to 837 in 2015; the vast majority of this increase is attributed to an uptick in events involving religious bias.

– Hate crime events involving a religious bias increased 49.6% from 127 in 2014 to 190 in 2015.

– Hate crime events with a sexual orientation bias are the second most common type of hate crime over the past 10 years (2006 – 2015).

– The total number of hate crime events has decreased 35.9 percent from 1,306 in 2006 to 837 in 2015.

– Anti-Islamic (Muslim) bias events increased from 18 in 2014 to 40 in 2015; anti-Jewish bias events rose from 80 in 2014 to 97 in 2015.

– Hate crime events targeting Hispanics increased 35 percent from 60 in 2014 to 81 in 2015.

– Anti-black motivation hate crimes continue to the most common hate crime, accounting for 31.9 percent (3,443) of all hate crime events since 2006.

Juvenile Justice in California 2015 provides insight into the juvenile justice process by reporting the number of arrests, referrals to probation departments, petitions filed, and dispositions for juveniles tried in juvenile and adult courts.

Highlights from 2015:

– Juvenile arrests decreased for the seventh year in a row and are at the lowest levels ever.

–  There were 71,923 juvenile arrests reported by law enforcement agencies in 2015, down 17 percent from 2014.

– In 2015 more than half of the juvenile (58.2 percent) arrests were for a misdemeanor offense and nearly a third (29.7 percent) were arrested for a felony offense.

– Among those arrested in 2015, 53 percent were Hispanic/Latino, 22 percent were white, and 19 percent were black.

Astronomers are using the NASA/ESA Hubble Space Telescope to study auroras – stunning light shows in a planet's atmosphere – on the poles of the largest planet in the solar system, Jupiter.

This observation program is supported by measurements made by NASA's Juno spacecraft, currently on its way to Jupiter.

Jupiter, the largest planet in the solar system, is best known for its colorful storms, the most famous being the Great Red Spot.

Now astronomers have focused on another beautiful feature of the planet, using Hubble's ultraviolet capabilities.

The extraordinary vivid glows shown in the new observations are known as auroras. They are created when high-energy particles enter a planet's atmosphere near its magnetic poles and collide with atoms of gas.

As well as producing beautiful images, this program aims to determine how various components of Jupiter's auroras respond to different conditions in the solar wind, a stream of charged particles ejected from the sun.

This observation program is perfectly timed as NASA's Juno spacecraft is currently in the solar wind near Jupiter and will enter the orbit of the planet in early July 2016.

While Hubble is observing and measuring the auroras on Jupiter, Juno is measuring the properties of the solar wind itself; a perfect collaboration between a telescope and a space probe.

"These auroras are very dramatic and among the most active I have ever seen,” said Jonathan Nichols from the University of Leicester, U.K., and principal investigator of the study. "It almost seems as if Jupiter is throwing a firework party for the imminent arrival of Juno."

To highlight changes in the auroras Hubble is observing Jupiter almost daily for several months. Using this series of far-ultraviolet images from Hubble's Space Telescope Imaging Spectrograph, it is possible for scientists to create videos that demonstrate the movement of the vivid auroras, which cover areas bigger than Earth.

Not only are the auroras huge in size, they are also hundreds of times more energetic than auroras on Earth. And, unlike those on Earth, they never cease.

While on Earth the most intense auroras are caused by solar storms – when charged particles rain down on the upper atmosphere, excite gases and cause them to glow red, green and purple – Jupiter has an additional source for its auroras.

The strong magnetic field of the gas giant grabs charged particles from its surroundings. This includes not only the charged particles within the solar wind but also the particles thrown into space by its orbiting moon Io, known for its numerous and large volcanoes.

The new observations and measurements made with Hubble and Juno will help to better understand how the sun and other sources influence auroras.

While the observations with Hubble are still ongoing and the analysis of the data will take several more months, the first images and videos are already available and show the auroras on Jupiter's north pole in their full beauty.

The Jet Propulsion Laboratory in Pasadena manages the Juno mission for Southwest Research Institute in San Antonio, Texas. The Hubble Space Telescope is a project of international cooperation between NASA and the European Space Agency.

LUCERNE, Calif. – The Northshore Community Center is welcoming new ideas, energy and direction in the form of the new executive director taking over its leadership this week.

Nathan Maxman officially succeeds to the executive director job on Friday, but by early Thursday afternoon retiring Executive Director Rae Eby-Carl already had handed off the keys to him.

He is a member of Marymount California University's Lakeside Campus inaugural graduating class, whose members received their diplomas in May. Maxman earned a Bachelor of Arts degree in business with a concentration in accounting.

He'll bring to the position experience in working with churches and social service organizations, plus an understanding of business operations and budgets.

In addition, Maxman intends to take new approaches to the center's challenges.

“The most toxic thing for any organization is saying we can't change because that's the way things have always been done,” he said.

The center has faced both change and challenges over the last several years.

Eby-Carl took over the executive director job in March 2013, just as it was facing the potential end of its nutritional services contract, as Lake County News has reported.

She helped get the center back on track, beginning by successfully appealing the Area Agency on Aging decision to terminate the contract and keeping intact the center's congregate and Meals on Wheels programs.

The Meals on Wheels Program “is the primary service we do out of the center,” and one that will remain a priority, said Maxman, adding that he wants to offer nutritional services to the public in general, in addition to seniors.

Last fall, the center's board announced that it was changing the center's name to the Northshore Community Center from its longtime identity as the Lucerne Alpine Senior Center in order to “reflect its multi-age activities.”

Maxman said he's not yet gotten a sense of whether or not that name change – which isn't official on the center's business documents – is working.

In addition to its core nutritional programs, Maxman said the center offers classes – such as Tai Chi and Pilates – and is a regular meeting places for groups and organizations. Earlier this week it hosted a town hall meeting led by Supervisor Jim Steele.

Under Eby-Carl's leadership, the center also established monthly “Open Mic Lucerne” events and poetry gatherings.

In his new job Maxman is heading up a staff of four full-time paid employees – that includes his position – plus two grant-funded senior work experience volunteers.

He also has a full nine-member board with which to work, and which also was the group of individuals who decided on his hire.

While keeping the board seats filled has been a challenge, early in July the center reported that it had a full board, including Chair John Brosnan, Vice Chair Craig Purcell, Treasurer Carey Calvanese, Secretary Dawn Alvarado, and members Nancy Bylund, Dallas Cook, David Eby, Joey Liik and Peter Tibbits.

Maxman said the nonprofit center has many needs as it seeks to continue offering and expanding its services, not just to seniors but the community at large.

As he gets settled in, Maxman said he has two “small” projects on which he wants to place his initial focus. Those include changing how the center's food pantry operates and making improvements to the center's thrift store.

Regarding the food pantry, it's available on Fridays, with a long line of people usually coming for the assistance, he said.

Maxman said he wants to change it so that, rather than standing in line, people can set appointments and come in to get the supplies they need.

Regarding the thrift store, Maxman said that he intends to give it some curb appeal and make it more noticeable, adding that even though he was attending classes at nearby Marymount, he had no idea that the thrift store was there until he joined the center.

Maxman also has a particular interest in helping the homeless.

Earlier this year, when the Lake Ministerial Association hosted a warming center at the Lakeport Seventh-day Adventist Church, Maxman was a regular volunteer.

Even though he has a wife and young children, and at that time was in the final semester before graduating with his bachelor's degree, Maxman was a regular volunteer, working on homework assignments during overnight stints at the center.

While he would like to address the Northshore's homeless issues as part of the center's operations, he said he'll need more funding and buy-in from his board before he can formally take on that challenge.

The center has had numerous challenges with funding over the past decade. While Maxman said that the finances look “better than anticipated” – and the center has never missed payroll – it still needs help.

He's aiming at getting pledges for the center on a regular basis in order to establish a financial baseline, and is hoping to be able to bring on more staff in order to be able to concentrate on grant writing.

The board members – tasked with fundraising – also are increasing outreach and have been able to bring in several thousand dollars over the last few months, which is expected to help them start the new fiscal year in a stronger position, he said.

The Northshore Community Center is located at 3985 Country Club Drive. For information about services, classes, facility rentals or volunteering, call 707-274-8779.

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.

LAKE COUNTY, Calif. – Fireworks displays, parades on both land and water, worm races, and a cardboard and duct tape regatta will be among the top attractions taking place at Independence Day weekend celebrations around Lake County.

The following is a roundup of key events over the weekend and on Monday.

SATURDAY, JULY 2

Clearlake Keys Boat Parade

CLEARLAKE OAKS – The annual Clearlake Oaks Keys Boat Parade will take place on Saturday morning.

Lineup takes place at 9:30 a.m., with the parade starting at 10 a.m. at M&M Campground, 13050 Island Drive.

This year's theme is “Anything Goes – Just Have Fun!”

No water balloons or other hard objects are allowed, but squirt guns are OK.

Prizes include $100 for first place, $75 for second place and $50 for third place.

For signups or more information, call Heidi Aragon at 707-998-9439.

Clearlake Independence Day weekend festivities

CLEARLAKE – Clearlake's celebration of Independence Day on Saturday will include highlights such as the annual parade and the International Worm Races.

The day's festivities begin with the Redbud Parade at 11 a.m. The route goes from Lakeshore Drive north to Austin Park. This year's theme is “Star Wars, Out Of This World.”

At Austin Park the festivities will continue with the Show & Shine car show, food, beverages, music, arts and crafts, and the famed International Worm Races. The CalStar/Reach helicopter is expected to land around 1 p.m.

The Show & Shine car show is in its 17th year and is open to all vehicles of special interest. Entries can arrive from 9 a.m., or participate in the parade and then enter the show.

The International Worm Races are sponsored by the Clear Lake Chamber of Commerce.

On Saturday night there will be the fireworks display, co-sponsored by Pacific Gas and Electric and

The fireworks display will take place on Saturday night.

Parade Chairman Ray Bridges said there will be no carnival this year. After having secured an agreement with a company for the carnival, Bridges said the carnival vendor decided at the last minute to go to another event instead.

Konocti Vista fireworks show

LAKEPORT – Konocti Vista Casino, 2755 Mission Rancheria Road, will host a huge fireworks show on Saturday.

The show, cosponsored by Twin Pine Casino, will begin at dusk and can be viewed from Konocti Vista Casino's marina and from boats on Clear Lake.

The event is free.

Following the fireworks display, the local band The Fargo Brothers will play a free concert (for ages 21 and older) in the banquet room.

Lakeport Speedway fireworks displays

LAKEPORT – A fireworks display will take place at dusk at the Lakeport Speedway on Saturday night.

The display will follow an afternoon and evening of racing.

Gates will open at 3:30 p.m. at the track, located at the Lake County Fairgrounds, 401 Martin St., with racing to begin at 5 p.m. The fireworks will happen at dusk.

Tickets for the racing event and fireworks show cost $15 for adults, seniors and students $13, children 6 to 11 $10 and children 5 and under are admitted free.

SUNDAY, JULY 3

Hidden Valley Lake Independence Day celebration

HIDDEN VALLEY LAKE – The Hidden Valley Lake Association's daylong celebration will take place on Sunday.

Beginning at 10 a.m., there will be fun in the sun, with barbecue grills available at either of the beaches.

From 6 to 9:30 p.m. Tony Neves will perform.

The fireworks will take place at dusk, weather permitting.

Event parking will take place at the Fiddlers Lot, and a free parking and a shuttle bus will be available. Lakeridge Circle will be closed to all traffic, and the Big Beach parking lot also will be closed.

For more information, contact the Hidden Valley Lake Association at 707-987-3138.

Maxine Sherman fireworks display

CLEARLAKE OAKS – The 2016 Clearlake Oaks fireworks display – named in memory of Maxine Sherman, who helped establish the annual event – is set for Sunday.

The fireworks will be launched at dusk – beginning at around 9:30 p.m. – from the Clearlake Oaks Beach Park.

Best areas for viewing include from a boat anchored near Rattlesnake Island or Clark's Island.

The event is sponsored by the Clearlake Oaks-Glenhaven Business Association.

The organization asks the community to support the display by making donations, either online through PayPal or credit card by visiting http://www.clearlakeoaks.org/news/22-annual-clearlake-oaks-fireworks-display-set-for-july-3rd . Checks can be mailed to the association at P.O. Box 1211, Clearlake Oaks, CA 95423.

MONDAY, JULY 4

Lakeport July 4 celebration

LAKEPORT – A full day of events is planned in the city of Lakeport on Monday.

From 10 a.m. to 10 p.m., Library Park will host a street fair with vendors – including a variety of foods available for purchase – plus music and activities.

The cardboard and duct tape regatta will take place on the lake off Library Park, with signups beginning at 9:30 a.m. and the races from 11 a.m. to 12 p.m.

A large fireworks display will take place at dusk, or around 9:30 p.m.

The city of Lakeport is allowing the sale and use of Safe and Sane Fireworks within the incorporated area of Lakeport.

Dates and hours of discharge are 9 a.m. to 10 p.m. Friday, Saturday and Sunday; and 9 a.m. to 11 p.m. on Monday, Independence Day.

Discharge of Safe and Sane Fireworks also will be permitted on Fourth Street during the city's July 4 event. The location will be cordoned off by barrier tape and will be in the 50 block of Fourth Street.

The Lakeport Police Department also will have a command post set up at City Hall Chambers, 225 Park St., during the event for those who wish to stop by or have questions.