Family describes violent home invasion; police have suspects in custody
CLEARLAKE OAKS, Calif. – A local family said they're OK but understandably shaken after a violent Wednesday morning confrontation with armed suspects who broke into their Clearlake Oaks home.
The High Valley home of Ronnie and Janeane Bogner was the target of the home invasion, which occurred shortly before 9 a.m. Wednesday.
The couple's adult son, Jacob, was shot in the leg and on a precaution was flown to Enloe Hospital in Chico by a REACH air ambulance. Ronnie Bogner said his son was doing well and in good spirits.
Late Wednesday night, Sgt. Martin Snyder of the Clearlake Police Department told Lake County News that several subjects had been placed under arrest in the case.
The names of those arrested and the charges against them are expected to be released on Thursday, he said.
The Bogners are well-known business owners who are active in the community. They own Weed Tech, and Janeane Bogner is a former Konocti Unified School District Board member and current president of the Lake County Fair Board.
The also are honorary members of the local Pearl Harbor Survivors Association, annually hosting and organizing the Pearl Harbor commemoration events.
Authorities haven't yet suggested a motive, but the Bogners believe the suspects were looking for money and firearms. One of the suspects is a former employee of Weed Tech who was fired last summer.
Ronnie Bogner said he left for work at about 8:15 a.m. Wednesday. Forty-five minutes later, he received a distraught phone call from his wife saying that they had been robbed and their son was shot.
According to the Bogners' account, a car came to the house and a male wearing a hoodie came to the door asking for “Lonnie.” Janeane Bogner reached up and pulled off the man's hood, with the male subject putting his head down to try to hide his face. She described him as a black male with dreadlocks.
She then closed and locked the front door, reporting that three more males came out of the car and kicked in the door.
The Bogners' 5- and 7-year-old grandchildren were in the home at the time, and Janeane Bogner told them to go into a back bedroom and hide under the bed. She yelled for Jacob, who was in his bedroom on his computer, to call 911.
After the suspects gained access to the home, the Bogners said an armed male suspect went into their son's bedroom and told him, “Get ready to die because you're going to die today!”
Jacob Bogner closed the door on the suspect but the suspect shot through the door with what the Bogners said was a 40-caliber pistol. The bullet hit the young man above the knee.
The suspects kicked in the door and pistol whipped Jacob Bogner repeatedly, his father said.
While in the home the suspects said they were looking for guns, and took two .22-caliber handguns that Ronnie Bogner said he was asked by authorities to identify later that day.
The Bogners said the four suspects stole their 2002 Escalade and fled the area. However, when police confronted the suspects later that morning, they were in a car, Snyder said.
Snyder said officers were in the Clearlake Park area checking for the suspects when they located a vehicle that was believed to have been involved. When they attempted to stop the vehicle, a short pursuit ensued, ending at the dead-end of 16th Street.
Numerous suspects fled the vehicle and the officers gave chase, Snyder said. As the suspects were fleeing through some bushes between 15th and 16th streets, three shots were fired at the officers, who then lost sight of the suspects.
One of the officers had a minor injury not related to gunfire, Snyder said.
District Attorney Don Anderson, who is doing a critical incident investigation on the shooting at Clearlake Police's request, told Lake County News that the officers involved were Chief Craig Clausen and Lt. Tim Celli.
Neither Clausen nor Celli returned fire, Anderson said.
A female suspect who stayed in the vehicle was the first to be detained, said Snyder.
A perimeter was set up, with Clearlake Police, the Lake County Sheriff's Office and California Highway Patrol at the scene, with support from Lake County Fire, Snyder said.
He said the suspects ultimately were located hiding at a home on 15th Street.
About midday, several of the remaining suspects were taken into custody, with one male remaining at the home, Snyder said.
Sgt. Nick Bennett told Lake County News Wednesday afternoon that the sheriff's SWAT team was staged and ready to go into the home as soon as a search warrant was secured.
Snyder said the lone suspect who remained in the home surrendered to authorities around 7:30 p.m.
The Bogners said they didn't know where their Escalade was, since the vehicle hadn't been recovered.
“It has not been recovered at this time, however, we know it's whereabouts,” Snyder said of the Bogners' vehicle.
The investigation continued overnight, Snyder said.
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Officials react to Supreme Court rulings on same-sex marriage; county prepares to offer marriage licenses
LAKE COUNTY, Calif. – Wednesday decisions by the US Supreme Court are setting the stage for changes across California, as officials prepare to once again allow same-same marriages.
The US Supreme Court found in United States v. Windsor that Section 3 in the 1996 “Defense of Marriage Act” was unconstitutional because it discriminated against a specific class of people – in that case, gays and lesbians.
Separately, in Hollingsworth v. Perry, the court dismissed the appeal by Proposition 8's backers of a district court's decision that struck down the voter initiative.
“We have never before upheld the standing of a private party to defend the constitutionality of a state statute when state officials have chosen not to. We decline to do so for the first time here,” the court's decision stated.
After federal district court Judge Vaughn Walker ruled Proposition 8 was unconstitutional in 2010, the decision was appealed to the Ninth Circuit, which implemented a stay on the district court's ruling.
Chief Justice John Roberts and Justices Antonin Scalia, Ruth Bader Ginsburg, Stephen Breyer and Elena Kagan constituted the court’s majority on the Proposition 8 matter, while Justices Anthony Kennedy, Clarence Thomas, Samuel Alito and Sonia Sotomayor dissented.
The decision, delivered by Chief Justice Roberts, stated, “Because petitioners have not satisfied their burden to demonstrate standing to appeal the judgment of the District Court, the Ninth Circuit was without jurisdiction to consider the appeal. The judgment of the Ninth Circuit is vacated, and the case is remanded with instructions to dismiss the appeal for lack of jurisdiction.”
In the wake of the decision, Proposition 8 supporters vowed to continue their fight.
In the case of ProtectMarriage.com, the organization that advocated for the ballot measure, it claimed a victory in the Supreme Court decision, saying that the court “reversed the Ninth Circuit Court of Appeals’ misguided decision that sought to invalidate Proposition 8.”
The group vowed to continue to defend Proposition 8 “and seek its enforcement until such time as there is a binding statewide order that renders Prop 8 unenforceable.”
The decision was applauded by state, federal and local officials.
“After years of struggle, the U.S. Supreme Court today has made same-sex marriage a reality in California,” said Gov. Jerry Brown.
California Attorney General Kamala Harris – who had argued Proposition 8 is unconstitutional – praised both decisions.
Sen. Noreen Evans (D-Santa Rosa), Lake County's representative in the state Senate, lauded the decision.
“With liberty and justice for all, today the Supreme Court affirmed what many of us have long known; equal protection under the law is not a subjective principle that ebbs and flows with the times,” she said in a written statement. “It is, however, the core tenet of this country's founding and one that I am proud to see upheld and strengthened with today's rulings. The issues that challenge equality for all may change, but we should take comfort in the knowledge that justice is unwavering."
Assemblymember Mariko Yamada (D-Davis) said the decisions “are a beacon of hope to all who choose to travel our country’s long road to justice. Let us all continue the fight for civil rights for all people.”
Congressman Mike Thompson (CA-5) said the Supreme Court “took a stand for equal justice under the law, ruling that laws that deny equality are immoral, unjust and unfair.”
He added, “This is a giant step forward, but we must continue working until every American has the right to marry whoever they love no matter where you live.”
Clearlake City Councilman Joey Luiz told Lake County News he was very happy with both of the court's Wednesday decisions.
“Being a gay man in a committed relationship it has extra meaning for me and my partner. Should we choose to marry in the future, our relationship will now be recognized and equal under the law. This gives us a sense of security as we plan to move forward in our life together that our straight counterparts have long been granted,” said Luiz.
“I also have positive and strong feelings as a gay elected official,” he added. “Today I feel the oath I took to uphold the Constitution of the United States and the Constitution of the State of California has more meaning to me. Those two documents now include marriage equality for me and the millions of other LGBT Americans. It is a great day to be an American and a great day where our system has shown justice and equality are abundant.”
Next steps for local officials
Brown said he directed the California Department of Public Health to advise the state’s counties that they must begin issuing marriage licenses to same-sex couples in California as soon as the Ninth Circuit confirms the stay is lifted.
Harris said the decision in Hollingsworth v. Perry means that every county in California must now recognize the right of same sex couples to legally marry.
“I ask that the Ninth Circuit lift this stay immediately, because gay and lesbian couples in California have waited long enough for their full civil rights,” Harris said.
Ninth Circuit Court spokesman David Madden told Lake County News that the US Supreme Court's rules provide a 25-day period in which a party can file a petition for a rehearing. The court delays issuance of its notice and judgment until that time period expires.
Madden said if the Ninth Circuit follows its normal practice, it will wait the 25 days to receive the notice and judgment before presenting it to the three-judge panel that originally heard the case, with that panel addressing the stay.
But he cautioned that if a petition for rehearing is filed with the Supreme Court, it could take well behind that 25-day period.
While Harris is calling on the court to act immediately, neither she nor anyone else had filed a petition asking the court to act sooner than it normally does as of Wednesday afternoon, Madden said.
In the meantime, local officials are preparing to issue marriage licenses once again once the stay is lifted.
Cathy Saderlund, Lake County's auditor-controller/county clerk, said she and her staff are ready to move forward on issuing the licenses as soon as they're cleared to do so by the federal court.
Saderlund and other county clerks and recorders around the state received a letter on Wednesday from the California Department of Public Health informing them that same-sex marriages would once again be allowed.
Referencing an advice letter from Attorney General Harris, State Registrar Tony Agurto said the district court's injunction on Proposition 8 was in effect statewide, and county clerks and recorders in all 58 counties must comply with it.
Until the stay is lifted, county clerks and records should not issue marriage licenses to same-sex couples, Agurto said.
Saderlund said she's had three recent inquiries about marriage licenses for same-sex couples.
“As people are calling, we're asking them to leave their names so we can contact them when we receive further instructions from the state,” Saderlund said.
John Jensen contributed to this report.
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Man shot during home invasion, suspects exchange fire with police
This story is being updated on an ongoing basis.
CLEARLAKE OAKS, Calif. – A man was shot during a Wednesday morning home invasion robbery in Clearlake Oaks that later led to a chase and gun battle with police.
A family home in the 12000 block of High Valley Road in the High Valley area was targeted by four suspects who broke into the home and shot a young man inside in the knee, according to reports from the scene.
Shortly before 9 a.m., Northshore Fire personnel were dispatched to the home to assist the shooting victim.
The male shooting victim, who was said to be conscious and alert, later was flown via REACH air ambulance to Enloe Hospital in Chico, according to a family member. Other family members were not harmed during the incident.
The suspects were reported to have stolen an ivory-colored 2002 Cadillac Escalade from the home and fled to the Clearlake area, where witnesses reported the suspects were engaged in a gun battle with police.
According to witness reports, the suspects were seen in the area of 16th Avenue, where they ditched the vehicle and fled on foot.
Lake County Fire units were dispatched to 16th and Bush and directed to stage shortly before 9:15 a.m. for a possible medical aid after Clearlake Police officers fired shots in the area. Radio reports indicated a female suspect had a leg injury.
Residents in the search area in Clearlake reported a helicopter was being used in the search for the suspects, with police doing a house-to-house search at around 11:30 a.m.
Shortly before 12:30 p.m. Clearlake Police Chief Craig Clausen confirmed the female suspect had been taken into custody, with three male suspects still outstanding.
Reports from the scene indicated that at about 12:45 p.m. the remaining suspects were in a house in the area of 15th and Bush in Clearlake Park, with police surrounding the residence and telling the suspects to come out with their hands up.
The investigation at the home is continuing, with several law enforcement agencies said to be involved.
Additional details will be posted as they become available.
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Effort to recall sheriff nears signature goal
LAKE COUNTY, Calif. – The group leading the effort to recall the county’s sheriff said they are closing in on the number of signatures needed to put it to a vote of county residents.
The Committee To Recall Rivero and Restore Integrity said Thursday that it currently has more than 6,400 of the approximately 7,026 signatures needed to put a recall of Sheriff Frank Rivero on the November ballot.
Committee representative Chris Rivera, a retired sheriff’s sergeant, said the group is still gathering petitions requested by hundreds of volunteers over the last two months, so the signature count is expected to go up.
“While we are only required to submit 7026, our goal is to submit 9000 in order to allow for discrepancies such as duplicates and signatures of those that might not be registered yet,” Rivera said.
Rivera said the committee is asking anyone with petitions with any number of signatures to return them to us as soon as possible so they can meet their objective of making the deadline later this month to get Rivero’s recall on the November ballot.
“Each day that we wait costs the good citizens and tax payers of Lake County thousands of dollars in lawsuits, litigation and damage caused by the reckless acts of this sheriff,” the committee said in the Thursday statement.
The group said petitions can be mailed to 5120 Cole Creek Road, Kelseyville, CA 95451, or call them at 707-671-5569 and they will make arrangements to pick them up.
Anyone wishing to gather more signatures can still request a petition by calling or by email at
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Judge awards legal fees in Lake County News’ First Amendment lawsuit against sheriff
LAKEPORT, Calif. – The county of Lake was ordered Tuesday to pay $110,990 in attorney’s fees and court costs in a suit that determined Sheriff Frank Rivero had engaged in practices that discriminated against Lake County News.
Visiting Judge J. Michael Byrne said that Lake County News’ suit against the county and Rivero was “absolutely necessary” in settling the First Amendment violations against the publication.
John Jensen and Elizabeth Larson – owners of Lake County News – sued Rivero in January because he blacklisted them in October 2012 in retaliation for news coverage he considered unfavorable.
“We sued solely for our rights,” said Jensen, noting Lake County News will not receive any of the award.
Rivero cut Lake County News off from distribution of press releases and other public safety information, and required Jensen and Larson to use the California Public Records Act to obtain documents from the sheriff's department that already had been released to other media, said Davis-based attorney Paul Nicholas Boylan, who represented Lake County News in the case.
“In addition, Jensen and Larson had to drive to the office of the sheriff and pay for copies being made instantly, electronically and free to other county news outlets,” Boylan said.
Boylan said Rivero didn't like what Lake County News was printing about him and Rivero, in turn, decided to hurt them by cutting their news site off from public safety information.
Some of the stories at issue covered District Attorney Don Anderson’s investigation into allegations that Rivero had lied about a 2008 nonfatal shooting. Those articles predated Anderson’s finding this past February that Rivero had lied and Rivero’s subsequent placement on a “Brady list” of officers with credibility issues.
A stipulated judgment filed in the case this spring reinforced Lake County News’ rights to receive public records from the sheriff’s office. It also calls for the Lake County Superior Court to retain jurisdiction in order to allow Lake County News to apply, at any time, for the enforcement of the agreement’s provisions and sanctions or other punishments for violations.
Communications from the sheriff's office remains under court supervision, according to the stipulated judgment.
The award represents about 1.36 percent of the 2012-13 sheriff's budget. County Counsel Anita Grant was unavailable Wednesday to discuss how the judgment would be paid.
“Our coverage has been truthful and accurate, he just doesn't like it,” Larson said. “We tried everything to avoid going to court. The sheriff persisted in his retaliation against us for coverage that he didn't like, leaving us no alternative but to sue him.”
"I think that Frank Rivero should pay for his actions from his own pocket, quit sticking it to the local residents and stop draining already tight budgets intended to provide services to county residents,” Jensen said.
Boylan said Lake County residents will gain from the settlement due to better access to public safety information and improved government transparency.
A recall campaign is working to remove Rivero from office. The recall campaign Web site reports it has collected about 6,000 of the slightly more than 7,000 signatures needed by the deadline of June 26 for the November election.
Rivero was first elected in 2010, defeating long-time sheriff Rodney K Mitchell. In that election Rivero received 11,103 votes, or about 54.2 percent of the 20,488 cast.
The recall campaign and Rivero did not return requests for comment.
Patrick Boylan (no relation to Paul Boylan) is a former Chicago Sun-Times staffer who now runs the Welles Park Bulldog ( www.wellesparkbulldog.com ), an award-winning community news Web site in Chicago, Ill.
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