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CLEARLAKE OAKS – On Tuesday a Lake County jury convicted a Clearlake Oaks man of robbery.
The District Attorney’s Office reported that 40-year-old Shawn Sidney Hammond was found guilty of one felony count of robbery. The jury also found true a special allegation that a deadly weapon was used to commit the crime.
The jury deliberated for approximately two hours in Department Three in Lakeport before returning with the guilty verdict.
Deputy District Attorney Sharon G. Lerman prosecuted the case on behalf of the Lake County District Attorney’s Office. Defense attorney William Conwell represented Hammond. Judge Arthur H. Mann presided. The trial began last week on Tuesday, April 21 and lasted three days.
Hammond used a folding knife to rob a former construction contractor of $36 in front of a Pine Street residence in Clearlake Oaks on Dec. 1, 2008.
The District Attorney’s Office said Hammond did not previously know the victim, but he believed Warrington owed more than $1,000 to Carlos Cruz, an acquaintance, for a construction job completed in Clearlake last October.
With Cruz present, Hammond held the knife at his side in an aggressive stance and said to Warrington, “What are you going to do for him, here and now?”
Warrington opened his wallet and handed Cruz $36, then showed Hammond that his wallet was empty, according to the District Attorney’s report.
Lake County Sheriff’s Sgt. Brian Martin arrested Hammond on Dec. 13 after several days of investigation.
Hammond, who was on felony probation for theft at the time he committed this offense, faces up to six years in prison. A sentencing hearing will take place on June 1.
SACRAMENTO – Amidst rising concerns about a swine flu pandemic, on Tuesday Gov. Arnold Schwarzenegger declared a state of emergency for California.
This declaration facilitates coordination between local public health offices and the California Emergency Management Agency.
There are currently 64 laboratory-confirmed cases of swine flu nationwide and 10 in California, according to the Centers for Disease Control. None have been reported in Lake or Mendocino counties.
The proclamation is meant to speed up government response by ordering all state agencies and departments to utilize and employ state personnel, equipment and facilities to assist the Department of Public Health (DPH) and the State Emergency Plan as coordinated by the California Emergency Management Agency.
DPH and Emergency Medical Services Authority also are ordered to enter into any and all necessary contracts for providing services, materials, personnel and equipment to supplement extraordinary preventive measures being taken across the state. At the same time, noncompetitive bid contracts for services, material, personnel and equipment needed to respond to this outbreak have been suspended and select certification requirements for public health laboratories to help in the state’s expansion of our testing capabilities have been waived.
On Tuesday, California also became the first state in the nation to do its own confirmatory testing for this strain of swine flu without having to send samples to the Centers for Disease Control, which will greatly speed up detection efforts in California.
The California Department of Food and Agriculture (CDFA) reported that it is monitoring and responding to the current swine flu outbreak in conjunction with federal and state agencies.
“It is important to understand that there are no reports of swine flu in pigs in California, or the United States, at this time,” said California State Veterinarian Dr. Richard Breitmeyer. “Our monitoring program is aimed at detecting the illness early in pigs. It also is important to recognize that swine flu is not a threat to the food supply. According to the Center for Disease Control, you cannot get swine influenza from eating pork or pork products. Eating properly handled and cooked pork and pork products is safe.”
CDFA stated that its top priority is to test any pigs that are linked to a human swine flu case or are showing signs of a respiratory disease.
The agency’s veterinarians are working closely with public health officials and to date no such human links have been established. Similarly, there have been no swine samples submitted for testing due to respiratory disease. In comparison to many states, California is a relatively small pork producer with fewer than 100,000 animals, ranking 28th in the country.
CDFA’s second key objective is to reduce apprehension related to swine health. CDFA currently is focusing on communication and outreach with the California Department of Public Health by sending material to: Future Farmers of America; Grange members; 4-H groups; fair managers; animal control directors; custom slaughter plants; anyone who has submitted a swine sample to the California Animal Health and Food Safety Laboratory in the past year; agricultural colleges and universities; the California Veterinary Medical Board; the California Veterinary Medical Association; accredited veterinarians; sales yards; and feed stores.
CDFA veterinarians are also visiting all known swine farms to drop off swine flu information, look into the general health of herds and test any pigs showing signs of respiratory disease. The veterinarians also will monitor the check-in for swine at fairs around the state to provide general information and examine and test any pigs with a history of respiratory disease. Pigs determined to be sick will not be allowed to stay at the fair.
The California Animal Health and Food Safety Laboratory will test all samples from swine submitted to them for swine influenza at no charge to the owner. As of today there have been no recent submissions. Meat and poultry Inspectors regularly inspect California licensed swine processing facilities and will continue to monitor for any signs of respiratory disease. To date, there have been no concerns reported.
Local health officials remind individuals to take normal precautions that assist in preventing the spread of flu, including covering your nose and mouth with a tissue when you cough or sneeze, washing your hands often with soap and water, and, most importantly, staying home from work or school and avoid public gatherings if you are sick.
Updated information about swine influenza can be found at the following Web sites: California Department of Public Health, www.cdph.ca.gov, and the Centers for Disease Control, www.cdc.gov/flu/swine.
CLEARLAKE – A teenager charged with stabbing to death a classmate last summer entered a guilty plea to voluntary manslaughter on Monday.
Gabrielle Varney, 18, originally was charged with murder for stabbing 17-year-old Heather Valdez to death in an after-school confrontation near their homes in Clearlake on June 5, 2008.
However, Varney's defense attorneys Stephen and Angela Carter reached an agreement on Friday with the District Attorney's Office and prosecutor John DeChaine that allowed Varney to plead guilty to the lesser charge of voluntary manslaughter with a special allegation of using a knife.
When she's sentenced on June 8, Varney will face between four and 12 years in prison, said Stephen Carter. With time served and inmate credits she'll automatically receive, Varney could be out of prison in three years.
Carter said the plea agreement means Varney will have a life outside of prison, and Valdez's family won't have to suffer through a lengthy trial.
The Carters plan to put on a lengthy sentencing hearing with a large number of witnesses who will testify as to the ongoing, severe bullying and emotional abuse that they allege Varney underwent at the hands of Valdez in an effort to shed light on the complex relationship between the two young women.
At that time Valdez's family also will have the opportunity to offer victim impact statements, said District Attorney Jon Hopkins.
Hopkins said Monday that the plea agreement properly defines the crime Varney committed when she killed Valdez. Hopkins said his office won't make a decision about what sentence to seek until they see a probation report being prepared for the sentencing.
Hopkins said he didn't believe a jury would find Varney acted in self-defense, but he and his team also had concluded that a jury wouldn't accept that Varney had acted with the malice aforethought necessary for a murder conviction, based largely on the evidence that supports that Valdez's death resulted from a sudden quarrel or heat of passion.
“I think it fits the facts,” Carter said of the agreed-upon plea. He said he believed he had an excellent chance of getting a not guilty verdict on the murder charge.
The concept of a sudden quarrel or heat of passion is the leading theory in California law that supports voluntary manslaughter, said Carter. “It's the emotional mind in action,” he said.
The other theory is that of “imperfect self-defense,” in which the person believes that they are in peril and overreacts. “They think this is what they need to do but they're wrong,” said Carter, noting that either theory fits this case.
The plea agreement was in discussion for some time, but it was settled after the District Attorney's Office met with Valdez's mother on Friday to explain the agreement to her. “Her sentiments were that she trusted our judgment and understood what we were looking at,” said Hopkins.
He added that she wasn't asked to sign on. “She did not have to make that decision,” he said. “You try not to put that on the victim's family.”
The prosecution and defense are divided over whether or not the case illustrates an example of bullying exploding into violence.
Hopkins said he doesn't know if evidence of bullying exists. His staff researched the relationships between Varney and Valdez, who were classmates at Carle High School.
The girls at one time had been friends, spending time together at each others' homes, said Hopkins. However, at some point a disagreement arose.
“I wouldn't call that bullying, I would call that a spat between two teenagers,” he said.
The stabbing occurred after the girls were let off the school bus near their homes at the end of the school day. Other students who were on the school bus told Hopkins' investigators that “things that were said back and forth by both of them sounded like they were liable to get into a fight.”
Once off the bus, Hopkins said Varney pulled a knife out of her pants pocket. It’s that 4-inch folding pocket knife which Varney allegedly used to fatally stab Valdez in the neck.
Carter said the case is a complex one, involving a long-term friendship between the girls that went sour and became very negative very fast. He pointed out that relationships between adolescent girls sometimes contain aspects of bullying.
He didn't believe having the knife with her was a sign of intent on the part of Varney. Clearlake can be a rough town, especially for a girl who's not very assertive and has low self-esteem, he added.
Carter said Varney is a bright girl who needs to serve her term and try to move forward into an environment where she can grow. “She's prepared mentally and spiritually to handle incarceration for a lengthy period,” said Carter.
Varney didn't have all of the nurturing she needed, but he said she has promise. “It's horrible because she didn't intend the result,” he said. “She overreacted to the threat, and she didn't understand what she was doing.”
The resolution in the Varney case comes as the Carters are awaiting a verdict in the trial of another teenager, Erik McPherson, 19, accused of stabbing to death Nicolai Chukreeff in May of 2008.
“They're very different cases, they're very different people,” said Carter.
The jury in the McPherson case began deliberating on April 21, said Carter, and will continue deliberating on Tuesday. That trial has been under way for two and a half months, which Carter estimates is his second-longest trial in the local courts.
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KELSEYVILLE – A Kelseyville man died Sunday after being injured in a crash the previous day.
James Lebert, 82, was involved in a crash that occurred just after 7 p.m. April 25 on Hummel Lane in Kelseyville, said California Highway Patrol Officer Steve Tanguay.
Tanguay said Lebert was driving his 1988 Volvo 240 DL northbound on Hummel Lane, north of Bell Hill Road, at an unknown speed when the collision occurred.
For an unknown reason, Lebert’s vehicle drifted off the pavement to the right, said Tanguay, where the Volvo struck a mailbox post and then continued through a wire fence with wood posts.
Lebert’s vehicle continued, out of control, across an open field and then struck a tree, said Tanguay.
Tanguay said Kelseyville Fire responded to the scene and had to extricate Lebert, who was then flown by REACH helicopter to Santa Rosa Memorial hospital where he died at 6 a.m. Sunday.
CHP Officer Nick Powell is investigating the collision, Tanguay said.
NICE – A bicyclist who was injured in a collision with a pickup truck on Sunday later was arrested for being under the influence of alcohol.
Robert Sherman, 55, of Nice was arrested for riding a bicycle while under the influence of alcohol, according to California Highway Patrol Officer Steve Tanguay.
Shortly after 10 a.m. Sunday Sherman was riding his bicycle southbound on Lakeview Drive, traveling down a hill toward Sayre Street when he failed to yield to through traffic, said Tanguay.
Sherman collided on Sayre Street with the front passenger side of a 1976 Chevrolet Silverado pickup driven by 29-year-old Jason Horton, who Tanguay said was approaching Lakeview Drive at approximately 20 miles per hour.
Tanguay said Sherman sustained head trauma due to the collision and was flown by REACH helicopter to Santa Rosa Memorial Hospital. The pickup’s occupants weren’t injured.
It was at the hospital that Sherman later was arrested, Tanguay said.
Tanguay said CHP Officer Dallas Richey is investigating the collision.
LAKE COUNTY – Lake County health officials are offering guidelines for residents against the swine flu that's appeared in California.
On April 22, Lake County Public Health received word that a new influenza virus was detected in the Southern California counties of San Diego and Imperial. These cases were detected through routine public health surveillance activities, which are designed to detect new strains of viruses.
This virus has been described as swine influenza A (H1N1) and appears to contain a unique combination of gene segments that has not previously been reported in the United States or elsewhere. Swine influenza is a respiratory disease in pigs and only occasionally infects humans.
County Health Officer Dr. Karen Tait said, “We have been preparing for influenza for several years, so we are fortunate to have systems in place and relationships with many community partners with whom we are able to respond in an organized way to this new finding.”
As of Sunday, eight cases have been detected in California; most are in Southern California but one potential case was reported in Sacramento County. The Centers for Disease Control reported a total of 20 cases in the United States on Sunday. Most of the illness has been mild and has occurred in children. None of these cases had a known contact with pigs.
So far, Lake County has not identified any cases of this type of influenza. Along with all California counties, Public Health personnel in Lake County are working in coordination with the California Department of Public Health to step up local surveillance measures. It is likely that this effort will reveal additional cases, so it should not be a cause for alarm.
There are still a number of unknowns regarding this virus. At this point in time, public health investigations are actively seeking additional information to determine the range of illness that this virus might cause and how easily it may be spread. It is too early to know if this new influenza virus could cause a widespread outbreak or pandemic.
Lake County Public Health is in regular communication with state health authorities and working with local health care providers and others as necessary to respond to this newly identified virus. This includes identification of people who might be ill with this infection, coordination of laboratory testing with the public health laboratory system, and distribution of information and guidance as it becomes available.
Because of Lake County’s rural nature, information regarding pets and livestock is also being sought and will be distributed in coordination with the appropriate county agencies.
Symptoms of swine influenza have been reported to be mild in most cases and are similar to other forms of “flu,” and include fever, cough and/or sore throat. Health care providers are encouraged to submit specimens from patients with these symptoms to the public health laboratory. People with underlying health conditions may experience more severe illness than others.
Like other forms of influenza, swine “flu” is likely to resolve on its own. Some antiviral drugs may be effective and doctors may consider their use, especially in more severe cases.
There is currently no human vaccine for swine influenza. The normal seasonal flu shot is not effective against this new strain. However, it is a good idea to have received a flu shot because it protects against seasonal flu and helps guard against the possibility of being infected with both kinds of influenza at the same time. This year’s usual influenza season is coming to a close.
Advice for Lake County residents includes:
– Practice good basic hygiene, including regular handwashing and covering coughs and sneezes.
– Stay home from school or work if you are sick.
– Contact your doctor if you experience symptoms of swine flu. If you go to the doctor’s office, tell them right away about your symptoms so that you don’t expose others in the waiting room.
“This is a good time to review personal preparations for home preparedness,” said Tait.
Advice for how to prepare at home for influenza is posted on Lake County’s Public Health Web site at www.co.lake.ca.us.
Information about swine influenza is regularly posted and updated on California Department of Public Health and Centers for Disease Control Web sites: www.cdph.ca.gov and www.cdc.gov/flu/swine/.
