REGIONAL: Mendocino County Sheriff’s Office plans active threat training exercise at college campus March 30

NORTH COAST, Calif. – On Wednesday, the Mendocino County Sheriff’s Office will host an active threat training exercise at Mendocino College in partnership with the college and various Mendocino County public safety agencies.

The college's Ukiah campus is located at 1000 Hensley Creek Road.

The training exercise will take place from 10 a.m. to 2 p.m. and access to the college campus will be restricted to authorized persons participating in the training exercise for safety reasons, according to Capt. Gregory Van Patten of the Mendocino County Sheriff's Office.

Van Patten said the public should remain aware that simulated gunfire and explosions will be used during this training exercise. 

He said there also will be a heavy presence of public safety personnel and vehicles on the college campus during this training exercise.

For the past several months Mendocino County law enforcement agencies have participated in one-day training sessions to update their skills in responding to active threat situations, Van Patten said.

Van Patten said the March 30 training exercise at the Mendocino College campus in Ukiah will be used to test and evaluate those who have attended any of the previous one-day training sessions.

Details

Written by: Lake County News reports

Published: 29 March 2016

Man arrested for threatening Lakeport Police officers in separate incidents

LAKEPORT, Calif. – A Lakeport man who threatened police officers twice in less than three weeks was taken into custody on Thursday night.

Jason Micah Whitcher, 45, remains in the Lake County Jail on a no-bail hold for a misdemeanor probation violation, according to jail records.

Lakeport Police Chief Brad Rasmussen said that at approximately 11 p.m. Thursday two officers who were working in the department patrol office on South Forbes Street heard someone outside trying to open the door handles and electronic locks. 

The officers contacted the subject, who they recognized as Whitcher, and he then tried to walk inside but was stopped, Rasmussen said.

Rasmussen said the officers saw that Whitcher was highly intoxicated, placed him under arrest and transported him to Sutter Lakeside Hospital for medical clearance. 

At approximately 5 a.m. Friday Whitcher was determined to be OK for booking into the jail, Rasmussen said.

At that time, officers began to secure him for removal from the hospital and transport to the Lake County Jail. Rasmussen said Whitcher became verbally and physically resistive and officers had to use physical force to secure, move and place him in the police vehicle.

During the short transport to the jail, Whitcher spit on the officer through the safety cage in the vehicle and also threatened to physically harm the officer when the handcuffs were removed, Rasmussen said.

Rasmussen said officers booked Whitcher for public intoxication, battery on a peace officer, resisting/delaying and obstructing a peace officer, threatening an executive officer and for violation of probation.

Whitcher was last arrested by the Lakeport Police Department on the afternoon of March 7 when he was reported to be drunk and disorderly in Library Park, Rasmussen said.

During that incident, Whitcher made several threats to kill the arresting officer. That arrest resulted in Whitcher being placed on summary court probation, according to Rasmussen.

Rasmussen said Whitcher has been living in Lakeport since December 2014, during which time he has been arrested by police 10 additional times, mostly for public intoxication. 

In addition to these arrests, Whitcher also has prior arrests for charges including, possession of drugs and paraphernalia, being under the influence of drugs, sales or transportation of drugs, vandalism, theft, possession of stolen property, possession of burglary tools, burglary, threatening a school or public officer, battery on a person, challenging to fight, battery on a peace officer and resisting a peace officer, Rasmussen said.

Rasmussen said Whitcher's prior convictions include four for resisting/delaying and obstructing a peace officer and one for battery on a peace officer.   

Details

Written by: Lake County News reports

Published: 28 March 2016

Clearlake Police officers recover 'food truck' stolen from Lakeport Senior Center

CLEARLAKE, Calif. – Thanks to quick work by a police dispatcher and officers, the Clearlake Police Department has recovered the “food truck” trailer that was reported stolen from the Lakeport Senior Activity Center earlier this week.

Executive Director Jonathan Crooks told Lake County News that center staff noticed the trailer – used for fundraisers for the meals on Wheels program – was missing from its spot in the parking lot on Wednesday morning.

Clearlake Police Lt. Tim Celli said two Clearlake residents – Ian Lee James, 39, and Victoria Ann James, 29 – were found in possession of the trailer and arrested Thursday evening.

Celli said that on Thursday police received information from a confidential source that the trailer was in the area of 22nd and Irving avenues in Clearlake.

At approximately 5 p.m. Clearlake Police officers Mark Harden and Travis Parson responded to the area to attempt to locate the trailer, Celli said.

When Harden and Parson arrived, they found the Jameses stripping parts from the trailer, including removing the license plate from it, Celli said.

Celli said the license plate that the pair had removed from the trailer did not match it. The officers ran the vehicle identification number, however that record was not on file.

Clearlake Police Dispatcher Alexis Anderson contacted the California Highway Patrol to verify the agency took the stolen vehicle report. Celli said Anderson confirmed the report was taken by CHP, however one number was off on the vehicle identification number, which was later clarified.

Due to the discrepancy, Anderson located a photo of the trailer published that day by Lake County News and copied the photograph to Officer Harden, who was able to confirm it was the stolen trailer.

During the investigation, the suspects stated to officers that they found the trailer on the side of the road and were preparing to live in it, Celli said.

Other statements made by the suspects were inconsistent and it was determined there was probable cause to arrest them for possession of stolen property, Celli said.

Ian and Victoria James were later booked into the Lake County Jail. Bail was set at $15,000 each, and jail records indicated that they later posted the required percentage of bail and were released.

Celli credited the recovery of the trailer to the dispatcher's determination and the investigation by the officers.

On Friday, the trailer was back at the Lakeport Senior Center.

Some of the windows had been painted, there were small loose items that were gone – including two propane tanks that had been located on the front of the vehicle – and some minor body damage.

Crooks said that, overall, it didn't appear to be in bad shape, which he called a “very surprising outcome.”

Details

Written by: Lake County News reports

Published: 26 March 2016

District attorney: Clearlake Police officer justified in October nonfatal shooting

CLEARLAKE, Calif. – Lake County's district attorney this week released his final determination in an October 2015 nonfatal shooting involving a Clearlake Police officer, concluding the officer acted within his rights when he shot a man who had assaulted and threatened two women and pointed a firearm at the officer.

The incident, which occurred on Oct. 29, resulted in Sgt. Travis Lenz shooting Brenden Fanucchi, as Lake County News has reported.

On that morning, Lenz and other officers responded to a report of a subject holding two women hostage at a residence on 18th Avenue, according to Anderson's report.

Anderson reported that Fanucchi had assaulted Krystal Peng – who was helping him with his marijuana grow – because he believed she had stolen marijuana from him. He was holding Peng, along with another woman, Deborah Donley, at gunpoint in the garage of the residence when police arrived.

Lenz tried to talk Fanucchi into coming out of the garage and releasing the women, but Fanucchi ignored the officer, Anderson said.

A short time later, Anderson said Donley was able to get out of the home's garage and tell officers where Fanucchi and Peng were located.

When it appeared that Fanucchi was preparing to shoot Peng, Lenz fired two shots. When Fanucchi turned his pistol toward Lenz, Lenz shot twice more, and Fanucchi spun and fell to the ground, Anderson said.

Anderson said Fanucchi later was treated for gunshot wounds to the right arm, left shoulder and upper abdomen.

In his report, Anderson concluded that Lenz's action was justified “due to the officer’s fear of immediate and substantial bodily injury or death to Krystal Peng. Additionally, Officer Lenz was justified in firing the third and fourth rounds at Brenden Fanucchi in his own self-defense.”

Anderson added, “By all accounts of this incident, Officer Travis Lenz should be commended for his handling of this matter. Without his decisive and immediate action Krystal Peng was facing certain and immediate serious bodily injury or death.”

The full report is below.

LAKE COUNTY DISTRICT ATTORNEY’S FINAL REPORT
OFFICER INVOLVED CRITICAL INCIDENT- SGT. TRAVIS LENZ
OCTOBER 29, 2015

SUMMARY

On October 29, 2016, at approximately 8:44 a.m., Sgt. Travis Lenz of the Clearlake Police Department was involved in an officer involved shooting at 16054 Eighteenth Avenue, Clearlake, CA.

It is the finding of the Lake County District Attorney’s Office that Sgt. Travis Lenz was justified in discharging his firearm at a suspect who had not only pistol whipped and threatened a female, but was approaching her with the stated intent to shoot and kill her. In addition the suspect pointed a firearm at the officer causing him to fire additional rounds at him. Therefore, no criminal charges will be filed against the officer in this matter.

INVESTIGATION

On October 29, 2016 at approximately 9:00 a.m. the Lake County District Attorney’s Office was notified of an officer involved shooting at 16054 18th Avenue, Clearlake, CA involving a Clearlake Police Officer.

Pursuant to the Lake County Law Enforcement Multi-Agency Critical Incident Protocol of 2013, investigators of the Lake County District Attorney’s Office responded to the scene to conduct an investigation surrounding the incident.

FACTS

The following facts of the incident are gathers from statements of witnesses at the scene, officer’s statements, officer’s body cameras, and crime scene investigation.

On October 29, 2016 at 8:06 a.m. an anonymous caller reported to the Clearlake Police Department dispatch, that he was walking by the residence at 16054 18th Avenue, Clearlake and heard a voice coming from the garage stating “Put the gun down,” “Why are you doing this” and “You are on drugs.”

In later interviews with witnesses, it was determined that earlier that morning Brenden Fanucchi contacted Krystal Peng and asked her to come over. Ms. Peng had been helping Brenden Fanucchi with his marijuana operation within Mr. Fanucchi’s residence. Fanucchi was very upset with Peng over his perception that Peng had been stealing marijuana from him. It appears that the perception Fanucchi had was not true as there was no evidence that Peng had been stealing from Fanucchi.

When Ms. Peng arrived at about 7:30 a.m. that morning she was confronted by Mr. Fanucchi. Fanucchi became extremely irate and demanding that Peng give him back his missing marijuana. At some point that morning Fanucchi pulled out a Sig Sauer P220 semi-automatic pistol from his pocket.

Fanucchi was described as going crazy and accusing Peng of taking his “weed.” While Peng begged him to stop, Fanucchi hit Peng three times over her head with the pistol, all occurring while they were in the laundry room. Fanucchi continued to threaten Peng and demanding she give him back the marijuana or he will kill her. Krystal Peng receives two lacerations to her scalp, as a result of being hit on the head with the pistol.

Fanucchi, Peng and Deborah Donley all moved into the garage where the marijuana was
stored and processed. In the garage, Fanucchi continued to threaten to kill Peng and demand his marijuana back.

After the police arrive, Fanucchi tells Peng that he was not going to let her leave the garage. He continues to point the gun at her head and continues to tell her he is going to shoot her. Fanucchi also threatens that he will shoot her if the police open the door or if she tries to leave. Ms. Peng states that she was in fear of her life and believed she was about to be shot.

Sgt. Travis Lenz and Officer Leonardo Flores responded from the Clearlake Police Department. The officers arrived at 8:15 a.m. The officers could hear voices coming from the garage in the front of the residence. The officers contacted two witnesses on the front porch. The witnesses told them there was a man inside the garage with a gun threatening two hostages.

At 8:18 a.m. Officer Lenz approached the laundry room where he has partial observation of the garage through the partially open laundry room/garage door. Officer Lenz can hear yelling and screaming from two females and one male in the garage. Officer Lenz announces himself as a police officer and opens communication with Brenden Fanucchi. Lenz orders Fanucchi out of the garage, but Fanucchi refuses. The girls yell that he has a gun.

Officer Lenz can hear Fanucchi say he was going to shoot her if she tries to leave. He can also hear Fanucchi yell that Peng had stolen his marijuana and that he wants it back. For the next 13 minutes Fanucchi continues to scream at the girls, continually threatening them and demanding his “weed”. Fanucchi has minimal discussions with Officer Lenz, ignoring most of the officer’s commands and attempts to open discussions with him.

At 8:29 a.m. Deborah Donley expresses fear that Brenden Fanucchi is going to shoot her. Deborah Donley apparently has the opportunity to escape the garage, but she refuses to leave and wants to stay and help Krystal Peng.

At 8:31 a.m. the argument escalates, Brenden Fanucchi becomes even more angry and hostile and continues to demand his “weed” back. Krystal Peng is screaming in the background. Officer Lenz tried to engage Fanucchi in conversation and tries to talk Deborah Donley out of the garage.

At 8:36 a.m. Deborah Donley emerges from the garage and enters the laundry room. Brenden Fanucchi tells Donley to close the garage door, but Officer Lenz is able to keep the door open. Brenden Fanucchi continues to threaten to kill Krystal Peng. He also demands that the garage door be closed. Donley is able to tell officers the positioning of Fanucchi and Peng in the garage.

At 8:43 a.m. Brenden Fanucchi continues to threaten Krystal and says he is going to shoot her. Fanucchi counts down 5, 4, 3 and 2 and demands the door be closed or he will shoot Peng. Krystal Peng starts screaming louder during the countdown. Fanucchi continues to demand the door be closed several times. Fanucchi continues the countdown 3, 2 and states “you don’t want me to get to one.” Fanucchi also tells Lenz that if he comes into the garage he is going to kill her. Krystal Peng is screaming she is going to get shot.

At 8:44 a.m. Officer Lenz approaches the laundry room/garage door. Within a matter of a few seconds, Officer Lenz is able to see Fanucchi approaching Peng with his arm extended pointing the pistol at Peng. Officer Lenz yells “Brenden stop”. Fanucchi continues to walk towards Peng. Fearing the immediate loss of Peng’s life, Officer Lenz shoots twice at Fanucchi. Fanucchi turns and points his pistol at Lenz. Officer Lenz fires two more rounds at Fanucchi. Fanucchi spins and falls to the ground. Several officers approach Fanucchi and take him into custody.

Brenden Fanucchi is transported to St. Helena Hospital Clear Lake and later transferred to Santa Rosa Memorial Hospital suffering from gunshot wounds to the right arm, left shoulder and upper right quadrant of the abdomen.

On his release from the hospital, Brenden Fanucchi is booked into the Lake County jail for attempted murder of Krystal Peng; assault with a deadly weapon on Krystal Peng and Deborah Donley; and the false imprisonment of both Krystal Peng and Deborah Donley.

LEGAL ANALYSIS

In Munoz v. City of Union City (2004) 120 Cal.App.4th 1077, 1102, the court held that an officer “may use reasonable force to make an arrest, prevent escape or overcome resistance, and need not desist in the face of resistance.” “Unlike private citizens, police officers act under color of law to protect the public interest. They are charged with acting affirmatively and using force as part of their duties, because “the right to make an arrest or investigatory stop necessarily carries with it the right to use some degree of physical coercion or threat thereof to affect it.” Munoz, supra, 120 Cal.App.4th at p. 1109.

“‘[Police officers] are, in short, not similarly situated to the ordinary battery defendant and need not be treated the  [17] same. In these cases, then, “… the defendant police officer is in the exercise of the privilege of protecting the public peace and order [and] he is entitled to the even greater use of force than might be in the same circumstances required for self-defense.

In Martinez v. County of Los Angeles (1996) 47 Cal.App.4th 334, 349, the court held “The test for determining whether a homicide was justifiable under Penal Code section 196 is whether the circumstances ‘reasonably create[d] a fear of death or serious bodily harm to the officer or to another.” citing Martinez v. County of Los Angeles (1996) 47 Cal.App.4th 334, and Brown v. Ransweiler, 171 Cal. App. 4th 516, 533

FINDINGS

Officer Travis Lenz committed no criminal acts in his conduct on October 29, 2015. Shooting the first and second rounds at Brenden Fanucchi is justified due to the officer’s fear of immediate and substantial bodily injury or death to Krystal Peng. Additionally, Officer Lenz was justified in firing the third and fourth rounds at Brenden Fanucchi in his own self-defense.

By all accounts of this incident, Officer Travis Lenz should be commended for his handling of this matter. Without his decisive and immediate action Krystal Peng was facing certain and immediate serious bodily injury or death.

Don A. Anderson
Lake County District Attorney

Details

Written by: Lake County News reports

Published: 26 March 2016