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

Police make 16 arrests as result of special enforcement operation

CLEARLAKE, Calif. – A multiagency law enforcement operation in the city of Clearlake this week resulted in 16 arrests.

On Friday, the Clearlake Police Department, Lake County Probation and the Lakeport Police Department conducted the special enforcement operation in Clearlake that focused on individuals on Post Release Community Supervision, or PRCS, according to Clearlake Police Sgt. Tim Hobbs.

During the operation officers went to five locations that were preselected from a list of individuals on PRCS probation, Hobbs said.
 
As a result of this operation, Hobbs said the following four individuals on probation were arrested:
 
– David Cox, 34, was arrested and booked into the Lake County Jail for being under the influence of a controlled substance and violation of probation. The probation violation was for being under the influence and for having items that were prohibited by the gang clause of his probation.
 
– Curtis Fleming, 52, was arrested for possession of drug paraphernalia and violation of probation.  Due to preexisting medical issues Fleming was released at St. Helena Hospital.
 
– Scott Wade, 54, was arrested and booked into the Lake County Jail for felony possession of methamphetamine and violation of probation. The possession of methamphetamine was a felony charge due to Wade being a registered sex offender.
 
– Justin Krumsiek, 26, was arrested and booked into the Lake County Jail for being under the influence of a controlled substance and violation of probation.
 
The following 12 individuals who are not on PRCS were also arrested, Hobbs said:
 
– Jason Tate, 46, was arrested and booked into the Lake County Jail for possession of heroin for sale, possession of methamphetamine for sales, possession of psilocybin mushrooms for sales, possession of an unlawful weapon, felon in possession of ammunition and a outstanding warrant for possession of heroin for sales. Tate was found in possession of three-quarters of an ounce of heroin,one-quarter ounce of methamphetamine, more than 50 psilocybin mushrooms, a digital scale and packaging material.
 
– Mickey Mantle, 39, was arrested and booked into the Lake County Jail for possession of methamphetamine for sales and possession of drug paraphernalia.
 
– Robert Hankins, 70, was arrested and booked into the Lake County Jail for possession of methamphetamine and possession of drug paraphernalia.
 
– Bruce Brown, 43, was arrested and booked into the Lake County Jail for being a felon in possession of pepper spray.

– Casey Long, 22, was arrested and booked into the Lake County Jail for being under the influence of a controlled substance.

– William Rowe, 35, was arrested and booked into the Lake County Jail for being under the influence of a controlled substance.
 
– Amber Saldana, 37, was arrested and booked into the Lake County Jail for being under the influence of a controlled substance.
 
– Randy Powers, 65, was arrested and booked into the Lake County Jail for being under the influence of a controlled substance.
 
– John Krumsiek, 55, was arrested and booked into the Lake County Jail for possession of drug paraphernalia.
 
– Franklin Reed, 38, was arrested and booked into the Lake County Jail for a outstanding warrant and driving on a suspended driver's license.
 
– Steven McGee, 53, was arrested for outstanding warrants. Due to preexisting medical issues McGee was released at St. Helena Hospital Clear Lake.
 
– Jamie Brackett, 28, was arrested and booked into the Lake County Jail for being under the influence of a controlled substance.

The Clearlake Police Department thanks Lake County Probation and the Lakeport Police Department for helping to ensure this operation was successful.
 
Anyone with information regarding individuals on Post Release Community Supervision who are violating the terms of their probation in Clearlake can contact the Clearlake Police Department at 707-994-8251.

Police arrest two men for suspected commercial marijuana grow

CLEARLAKE, Calif. – With new rules for marijuana cultivation now in place in the city of Clearlake, police said Thursday they have arrested two people for commercial marijuana cultivation.

The city's new cultivation ordinance, which went into effect March 13, specifically prohibits commercial cultivation operations.

Clearlake Police Lt. Tim Celli said that on Thursday officers arrested Gambio Garcia and Samuel Beltran for violating that new ordinance.

At about 9 a.m. Thursday Clearlake Police officers were alerted to what appeared to be a commercial marijuana growing operation in the 6000 block of Vallejo Avenue, which is in a secluded location with a heavy wooded area surrounding the property, Celli said.

He said officers arrived on scene and could see a large plastic covered area commonly referred to as a “hoop house.” A hoop house is used to grow plants and, in this case, was used to grow marijuana.

The hoop house was inside a large wooden fenced area that was not yet completed that encompassed at least two lot parcels. Celli said officers could see inside the structure and saw a marijuana grow with more than 100 marijuana plants.

In addition, Celli said there were makeshift alarm devices at various locations around the area to alert of intruders. Other areas surrounding the marijuana grow were set up as obvious lookout points.

These observations and other information led the officers to determine that the grow site was for commercial profit. At the time, there were no subjects located on or around the immediate area, Celli said.

Celli said an officer assigned to the Clearlake Police Department Investigation Unit authored a search warrant. While that process was under way, an officer who was maintaining security at the location observed a truck pull up to the property and leave rapidly while backing out of the location unsafely.

It was believed that the subjects left rapidly after seeing the police officer at the location. Due to the secluded location and the individuals' behavior, the officer suspected that the vehicle was involved with the property, Celli said.

The officer made a traffic stop on the vehicle for a vehicle code violation and contacted the occupants, who provided names of Gambio Garcia and Samuel Beltran. Neither man has been positively identified at this time, Celli said.

He said the men were unable to provide proper identification and the driver was unlicensed. Both subsequently were arrested.

There was evidence inside the vehicle that linked the men to the marijuana growing operation and the property. Both men were additionally charged with the cultivation of marijuana and were later booked in the Lake County Jail, Celli said.

A search warrant was signed for the structure and property. As a result of the search of the marijuana grow, Celli said 116 marijuana plants were seized.

Celli said the Clearlake Police Department has no interest in legal medicinal marijuana grows that are in compliance with the city ordinance.

“We do, however, highly recommend any citizen desiring to grow medicinal marijuana follow the permit process or risk code violations and civil penalties through Code Enforcement,” he said.

The Clearlake Police Department is reminding citizens that the new ordinance that is in effect requires individuals to apply for a permit to grow medicinal marijuana in the city of Clearlake.

Information on the permit process can be located at the city of Clearlake Web site at www.clearlake.ca.us or at Clearlake City Hall, 14050 Olympic Drive.

Additionally, Celli said marijuana ordinance information has been disbursed to local businesses that deal with medicinal marijuana, such as the dispensaries and business involved in hydroponics. This ordinance will be enforced by the Code Enforcement Department.