REGIONAL: Appellate court orders retrial or reduced charges in 2011 Lake Mendocino murder case

NORTH COAST, Calif. – An appellate court decision handed down this week could result in a retrial or reduced murder convictions for two men sent to prison for a 2011 homicide.

In a published decision filed Tuesday in San Francisco, a three-judge panel of the California Court of Appeal reversed one of several convictions entered in 2012 by the Mendocino County Superior Court against Marvin Douglas Johnson Jr., 36, and Simon Thornton, 26, according to the Mendocino County District Attorney's Office.

At times referred to as the Bushay Campground murder case, Johnson and Thornton are the defendants convicted of murdering Joe Litteral in 2011 at Lake Mendocino, along with attempting the murder of another man and the attempted kidnapping of Johnson's estranged wife, officials said.

Johnson and Thornton were sentenced to and are currently serving sentences of 25 years to life and 34 years to life, respectively, the district attorney's office said.

In its lengthy and at times highly technical decision, the Court of Appeal held that one of the many instructions used by the trial judge to instruct the jury on the law had the potential of being misunderstood by the jury in regards to the first degree murder conviction. 

That notwithstanding, the appellate court affirmed each conviction of these defendants for attempted murder and attempted kidnapping. 

According to the decision, “Unless the prosecution brings each defendant to trial within the period prescribed by law ..., the trial court shall proceed as though the judgment on appeal had been reduced on count 1 to second degree murder for each defendant.”

The court’s decision is currently under review by Mendocino County District Attorney David Eyster and his senior staff.

Sheriff's detectives investigate suspicious Clearlake Oaks death

CLEARLAKE OAKS, Calif. – Sheriff's officials are investigating the death of a Clearlake Oaks man that has been termed “suspicious.”

Early Friday evening, sheriff's deputies, a sergeant, a lieutenant, two investigators and evidence technicians were at the scene, located at a two-story home at the end of the cul-de-sac on Bass Lane in the Clearlake Keys area.

Crime scene tape was placed across end of the street while the investigation got under way.

“We have a dead male inside the residence,” said Lt. Steve Brooks.

“It is suspicious,” he said of the circumstances surrounding the man's death.

Shortly after 3 p.m. Northshore Fire and Cal Fire medics were dispatched to the home on the report of a possible death, based on radio reports.

Central Dispatch indicated during the initial calls that sheriff's deputies were en route, as the female caller became “highly irate” when she was asked for details by a dispatcher. Dispatch reported that there were a history of responses to the residence for disturbances.

Firefighters arriving at the scene confirmed there was one deceased individual, and termed the scene “suspicious,” with an aggressive dog and a distraught resident of the home in the room.

At the scene Friday evening, Brooks confirmed those details of the initial call.

While detectives and deputies walked the scene, a female subject sat in the back of a sheriff's patrol car.

When the group of law enforcement officials approached the car and spoke to her through the window, she became agitated and began hitting the driver's side rear window with her head and hands.

Brooks said she was in custody on “unrelated charges.” He and investigators on scene confirmed having previous contacts with the woman.

Deputies then transported her from the scene. As the patrol vehicle in which she was riding pulled away, she began rocking back and forth, and appeared to be kicking the seats in front of her.

At about 6:30 p.m., investigators and crime scene technicians were waiting to process the scene pending the signing of a search warrant by a judge, Brooks said. He expected the warrant to be delivered at any time.

Sgt. John Gregore said he and deputies initially had entered the home to secure the scene and make sure there was no one else inside.

He said they also went to the home next door and secured it.

While waiting for the warrant, detectives spoke to a man who was staying at the home of a relative a few doors down from the home where the death occurred.

Separately, that individual told Lake County News he was aware of one male and one female living at the residence, and had spoken to them and visited the home in recent days.

Additional details will be posted as they become available.

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 .

Sheriff's office seeks recruits for volunteer program

LAKE COUNTY, Calif. – The Lake County Sheriff's Office is now actively recruiting community members to become sheriff’s volunteers. 

The agency said this week that it is proud to be associated with a cadre of fine residents who comprise the volunteer program.

The program began in 1990 to reduce an increasing workload on clerical and other employees.

These active community members donate their time in all areas of sheriff's office operations.

Volunteers work varied assignments, allowing employees to perform law enforcement functions.

The volunteers assist in the county jails, sheriff's substations, and the patrol and administrative offices in Lakeport.

Volunteers also transport departmental vehicles for scheduled maintenance, and deliver mail and materials to local government offices throughout the county.

The volunteers also handle programs that provide service directly to the communities.

Vacation checks are handled by the volunteers. When a local resident is away from home for an extended period, at their request, volunteers check the residence for security.

While helping to deter burglary or theft, this service is not a guarantee that the home will be secure while the owner is absent. This service is performed based on the availability of volunteers and vehicles.

The Sheriff’s Volunteer Program is composed of 30 dedicated citizens. There is no age limit for the spirit of dedication and service to the community.

If you would like to volunteer some of your time or talents to the Lake County Sheriff's Office, please contact Sgt. Gavin Wells at 707-262-4200 or download an application at http://www.lakesheriff.com/ServicesPrograms/Volunteer_Program.htm .