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Lakeport Police logs: Saturday, Jan. 10
Saturday, Jan. 10, 2026
00:00 EXTRA PATROL 2601100001
Occurred at Lake County Law Library on 3D....
DA to let stand appellate court's murder charge reduction in shooting that killed child
LAKE COUNTY, Calif. – After an appellate court this week threw out the first-degree murder convictions of two men who killed a 4-year-old boy and wounded five others during a 2011 shooting, Lake County's district attorney said he will not seek a retrial, clearing the way for the men to be resentenced to a lesser murder charge.
On Wednesday, the First District Court of Appeals handed down the decision in the case of Paul Braden and Orlando Lopez, sent to prison in August 2012 for killing Skyler Rapp and injuring his mother, stepfather and three family friends on the night of June 18, 2011, in Clearlake.
In their appellate case, Braden, 25, and Lopez, 28, had challenged their first-degree murder convictions, citing a 2014 California Supreme Court case, People v. Chiu.
That case established that an aider and abettor may not be convicted of first-degree premeditated murder under the doctrine of natural and probable consequences – what a reasonable person would know would be likely to happen unless something unusual intervened – but rather that the prosecution had to show participation that included both knowledge and intent.
The appellate court ultimately agreed, and also threw out two mayhem charges against each of the men – relating to the shootings of Skyler and his mother, Desiree Kirby – that should have been stayed because the defendants, by law, cannot be punished for both attempted murder and mayhem counts from one attack on one victim.
Otherwise, the court upheld the numerous remaining counts against the Braden and Lopez – five counts of attempted murder, six counts of assault with a firearm, a count of discharge of a firearm at an inhabited dwelling, and numerous special allegations relating to the use of a firearm.
The appellate court ruled that once the case returns to Lake County Superior Court, District Attorney Don Anderson would have 60 days – unless there was a waiver granting more time – to retry the two men solely on the premeditation and deliberation elements.
Otherwise, if Anderson takes no action, the appellate court ruled that Braden and Lopez would be resentenced for second-degree murder.
Anderson, who personally prosecuted the two men, told Lake County News on Friday that he does not intend to hold another trial in the case.
“The final result is going to be nothing,” he said.
He added, “I'm not going to put the family or witnesses or anybody through that exercise for what we have to gain.”
Rather, he is willing to accept the resentencing to the lesser charge of second-degree murder.
Anderson explained that the appellate ruling really will have little impact on reducing the lengthy prison sentences Braden and Lopez are serving.
At their August 2012 sentencings, Braden received 312 years to life in prison and Lopez 311 years to life, respectively. Braden had received one year longer than Lopez because he had a prior state prison term on his record.
Anderson said a first-degree murder conviction carries a 25-years-to-life sentence, versus the 15 years to life required under second-degree murder.
The two mayhem charges accounted for 25 years to life plus nine years and 25 years to life plus three years, he said.
Based on Anderson's initial calculations, even with no action on his part to retry them, Braden and Lopez are still facing 243 years to life plus 13 life sentences in prison.
He said he is not sure if the men will have to be sent back to Lake County for resentencing, or if they will need to have new attorneys assigned.
Visiting Yolo County Judge Doris Shockley, who heard the case, will have to return for the new sentencing, Anderson said.
Anderson said he likely will submit a declaration to the court about his plans not to pursue a retrial.
Email Elizabeth Larson at
Shoplifting suspect arrested for felony charges after kicking police sergeant in head
LAKEPORT, Calif. – An Oregon woman suspected of shoplifting from a local grocery store has been arrested after assaulting a Lakeport Police sergeant who had responded to investigate.
Alyssa Marie Davis, 25, of Springfield, Ore., was arrested Wednesday night at the Lakeport Safeway, according to Lakeport Police Chief Brad Rasmussen.
At approximately 9:45 p.m. Wednesday Lakeport Police officers were dispatched to Safeway, located on 11th Street, to investigate the report of a female shoplifter who later was identified as Davis, Rasmussen said.
Rasmussen said Davis had twice tried to leave the store without paying for a cart containing items of store merchandise. A store manager took the cart from Davis but she remained in the store and the manager later lost sight of her.
A Lakeport Police sergeant arrived and met with a Lake County Sheriff's deputy who Rasmussen said was at the location on unrelated business. At that time, the store manager had determined that Davis had locked herself in the store bathroom for up to 30 minutes.
Davis eventually came out of the bathroom and was contacted by officers, who determined she appeared highly intoxicated. Rasmussen said further investigation revealed that Davis had likely consumed an entire 1.75-liter bottle of Fireball Whiskey while in the bathroom.
Rasmussen said Davis refused to provide her name or other identifying information. Officers advised Davis she was under arrest and she resisted but was handcuffed and then continued to resist while being removed from the store.
Once outside at the patrol car, Davis continued to resist and had to be physically placed in the vehicle. As officers were trying to secure Davis in the rear seat of the vehicle she began kicking and kicked the Lakeport Police sergeant in the head and face several times, Rasmussen said.
The sergeant delivered a Taser drive stun but it did not stop Davis's resistance. Rasmussen said another Lakeport Police officer arrived and assisted with safely securing Davis.
Davis was not injured in the incident but was taken to Sutter Lakeside Hospital for medical clearance due to the significant amount of alcoholic beverages she had consumed, Rasmussen said.
Rasmussen said his sergeant had a complaint of pain but did not require medical treatment.
After being medically cleared, Davis was transported to the Lake County Correctional Facility where she was booked on felony charges of resisting a peace officer with force and violence and misdemeanor charges of possession of stolen property, resisting arrest and battery on a peace officer, Rasmussen said.
Her booking sheet said her bail was set at $15,000. Jail records indicated she remained in custody on Thursday night.
Appellate court overturns first-degree murder convictions of men in 2011 shooting that killed child
LAKE COUNTY, Calif. – An appellate court has overturned the first-degree murder convictions of two men sent to state prison for a 2011 Clearlake shooting that killed a 4-year-old child and injured five others.
In a 57-page unpublished decision filed Wednesday, the First District Court of Appeal ordered that Paul Braden and Orlando Lopez should either be retried on the first-degree murder charge or else have their convictions reduced to second-degree murder.
Sentences for the men on two counts of mayhem also were stayed, but the sentences they received in August 2012 for additional charges – including five counts of attempted murder, six counts of assault with a firearm, a count of discharge of a firearm at an inhabited dwelling, and the findings that numerous special allegations about use of a firearm were true – were upheld.
Braden and Lopez were convicted for carrying out a shooting in Clearlake on the night of June 18, 2011, in retaliation for a fight at a Lower Lake graduation ceremony eight days earlier.
The two men were accused of shooting into a crowd of family and friends at a barbecue at the Lakeshore Drive apartment of Desiree Kirby and her boyfriend, Ross Sparks, and their children, Skyler and Eden.
The shooting killed 4-year-old Skyler, wounded Kirby and Ross Sparks, as well as his brother, Andrew Sparks, and friends Ian Griffith and Joey Armijo.
Braden and Lopez were tried together in a lengthy and complex proceeding that included two separate juries and a visiting judge, Doris Shockley of Yolo County.
In August 2012, Braden and Lopez received sentences of 312 and 311 years, respectively.
At Braden's sentencing, Shockley called him “cold and calculating.”
Basis for reversing convictions
Lopez and Braden argued in their filings that their convictions for first-degree murder must be reversed “because the trial court’s instructions allowed the jurors to convict based on a theory that the premeditated murder was a natural and probable consequence of each appellant’s aiding and abetting of an assault with a firearm,” which is contrary to the California Supreme Court’s 2014 decision People v. Chiu.
In the Chiu case, the state Supreme Court found that an aider and abettor may not be convicted of first-degree premeditated murder under the doctrine of natural and probable consequences, described as those that a reasonable person would know are likely to happen if nothing usual were to intervene.
Rather, the appellate court decision explained that the Supreme Court said that aiders and abettors may still be convicted of first-degree premeditated murder based on direct aiding and abetting principals, with the prosecution required to show a defendant “aided or encouraged the commission of the murder with knowledge of the unlawful purpose of the perpetrator and with the intent or purpose of committing, encouraging, or facilitating its commission.”
While the state argued that the juries believed that each of the men was a direct perpetrator, not an aider and abettor, the court didn't agree.
“Indeed, the absence of direct evidence regarding who shot Skyler Rapp makes it likely the juries convicted Lopez and Braden on an aiding and abetting theory rather than as direct perpetrators. Although there was certainly sufficient evidence to convict both defendants on a direct aiding and abetting theory, the record provides no basis from which we may conclude beyond a reasonable doubt that the jury did not rely on the impermissible natural and probable consequences theory,” the decision stated.
As for the stays on the two mayhem counts, the court said the defendants cannot be punished for both attempted murder and mayhem counts from one attack on one victim, and that the lesser charge of mayhem should have been stayed.
One portion of the jury instructions that was challenged but upheld in this case – although it's been the basis for successful appellate actions in other cases – regarded the trial court's “kill zone” instruction, which stated, “A person may intend to kill a specific victim or victims and at the same time intend to kill everyone in a particular zone of harm or ‘kill zone.’” Overall, the appellate court found that jury instruction “more nonsensical than misleading.”
In analyzing other failures in the prosecution alleged by Braden and Lopez, the court generally found they were harmless or otherwise didn't have the argued impact on the juries' decisions.
Among those other issues, the court did not find it was prejudicial to Braden to have his trial combined with that of Lopez, and that the trial court did not err in denying his motion for mistrial due to a witness' testimony about a statement Lopez had made incriminating Braden.
In the case of that testimony, it was stricken from the record and the jury instructed to disregard it, which the appellate court found was not an abuse of the trial court's discretion.
The appellate court also found the firearm use enhancements applied to Braden were supported by sufficient evidence, and that Lopez's convictions were supported by substantial evidence.
The Wednesday filing also noted that Lopez filed a petition for writ of habeas corpus, which the court had denied – with a dissent – in a separate order.
Once the case is transferred back to the local courts, the District Attorney's Office will have 60 days – unless that time is waived by the defendants – to bring Braden and Lopez to trial solely on the premeditation and deliberation element, according to the ruling.
If no new trial is held, the trial court shall proceed as if the appellate court's ruling “constituted a modification of the judgment to reflect a conviction of second degree murder and shall resentence appellants Lopez and Braden accordingly.”
District Attorney Don Anderson, who personally prosecuted the case, had only received the ruling Wednesday afternoon so has not yet had a chance to fully analyze the document and conclude on a course of action.
Email Elizabeth Larson at
Police seek CVS shoplifter; man attempted to use pepper spray on store manager
LAKEPORT, Calif. – The Lakeport Police Department is asking for the community's help in locating a male subject involved in a shoplifting incident and an attempted assault on the store's manager.
Shortly before 7 p.m. Saturday a white male subject entered the CVS Pharmacy in Lakeport, according to a police department report.
Police said the man selected merchandise and ultimately proceeded to the bathroom. Store management saw him and followed him to the bathroom, and when he emerged, he no longer was holding the merchandise and appeared to have it under his clothing.
When confronted by the manager, the subject denied having any concealed items and walked to the store exit, police said.
The manager followed, telling the man to stop. Police said the subject exited the store, pursued by the manager.
Police said the subject produced a small can of what was believed to be pepper spray and attempted to spray the manager but missed. Fearing for his safety, the manager discontinued pursuit of the man while other employees called 911.
The subject was described as a white male adult, with greasy blond shoulder length hair. He was estimated to be 5 feet 10 inches to 6 feet tall, with a thin build, wearing a black blazer-style jacket, black baggy pants and a white shirt.
The photo above indicates he also has a short beard and mustache, and had headphones around his neck.
Anyone with information about this case is asked to contact the Lakeport Police by phone at 707-263-5491 or via the department's Facebook page.