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Jason Kaluna Fugit, 36, will go to the Napa State Hospital where he will receive treatment for his mental illness, said his defense attorney, Stephen Carter of the law offices of Carter and Carter.
Fugit, who worked as an equipment operator, was charged in 2005 with attempted murder, kidnapping and robbery for the attack on his 78-year-old grandmother at her Lucerne home, said Carter.
According to Carter, Fugit tried to kill his grandmother because he thought she was involved in treasonous acts along with the government, which he believed was persecuting him.
Fugit was diagnosed as psychotic by three different doctors, said Carter, with the mental illness stemming directly from severe sexual abuse that took place several years before the incident. He'd had some “not very serious” previous run-ins with the law.
The charges could have brought life in prison. However, Carter said Fugit entered a plea bargain in which he pleaded guilty to elder abuse. A court trial was held on the manner of his sanity, and the court found that Fugit was insane at the time of the crime.
The case took time to work its way through the courts, said Carter. Because Fugit was found both insane and incompetent to stand trial, he was sent to a Southern California mental health facility where he spent 224 days in treatment before returning to the Lake County Jail.
While in Southern California, Fugit's treatment included adjusting his medications, said Carter, which resulted in a major improvement in his behavior. Fugit's mother told Carter that she felt like she had her son back, thanks to the treatment.
Carter himself said he saw a major change in Fugit, who went from “desperate mental illness” to a quiet demeanor.
Once back from treatment, Fugit went through a restoration of competency hearing and proceedings continued, said Carter.
Deputy District Attorney Rachel Abelson, who prosecuted the case, argued for the upper term of 11 years, disagreeing with a proposal for a lesser term put forward by Lake County Probation, said District Attorney Jon Hopkins.
“We agreed that he was insane,” Hopkins said.
Arguing before Judge Arthur Mann on Monday, Carter made the case that the law recognizes that the early plea and the mental illness were mitigating factors that should reduce the sentence. He also argued for some of the sentence to run concurrently.
Mann sentenced Fugit to eight years. Because of his mental health issues, Fugit is being sent to Napa State Hospital, where his family can visit him. Because there is usually a waiting list for the Napa hospital, Carter said Fugit will remain at the Lake County Jail until there is an opening.
According to the California Department of Mental Health, Napa State Hospital is a low- to moderate-security facility located on 138 acres, with bed capacity that allows for treatment of as many as 1,362 adults. All of the individuals treated there arrive through civil or court commitments, with the most frequent diagnoses including schizophrenic, mood, anxiety and personality disorders.
Carter said Fugit's mother, father and grandmother were in court on Monday, and appeared pleased with the outcome. Fugit's grandmother, said Carter, understood her grandson was ill, loved him dearly and and wanted him to get healthy.
“There was a nice closure today,” he said.
According to the law, Fugit is being sent to Napa for treatment and rehabilitation, and sanity hearings could resume during that time, said Hopkins.
Fugit can only be held at the hospital for the maximum amount of time he would have served on the sentence, said Hopkins, unless when the time for release comes he's found to still be a danger.
If that were to be the case, Hopkins said the prosecution can file a petition to have Fugit kept at the hospital as long as he's considered dangerous.
“That means that we approved a plea bargain that can keep him in the state hospital for the rest of his life,” he said. “Based on the brutality he demonstrated in the attack on his grandmother, that is a real possibility.”
Carter said that some people never get out of the mental hospital once committed. However, he added, “That's the exception rather than the rule.”
E-mail Elizabeth Larson at
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LUCERNE – Lucerne's water system suffered two line breaks on Monday.
A main break occurred along Country Club Drive, with another leak reported on Alta Vista Way, said Gay Guidotti, California Water Service Co.'s customer service representative for Lucerne.
The breaks were reported Monday, said Guidotti.
A contractor was being sent to both locations to repair the breaks, Guidotti said.
She estimated that repairs would be completed Monday. About 6:30 p.m. men were still making repairs along Country Club.
About 12 homes lost water services as a result of the problem on Country Club, according to Guidotti.
E-mail Elizabeth Larson at
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Chief Deputy James Bauman of the Lake County Sheriff's Office reported that the Lake County “Avoid the Three” DUI Task Force will conduct a the DUI and driver's license checkpoint during the evening hours of Friday, May 23, in the city of Clearlake.
The “Avoid” Task Force is a multi-agency effort led by the Lake County Sheriff’s Office to remove DUI drivers from the roads and highways, said Bauman. Participating agencies include Lakeport and Clearlake Police Departments.
In order to optimize the efforts of the Task Force to reduce incidents of driving under the influence, the specific location and hours of operation of the checkpoint will not be disclosed prior to the checkpoint, Bauman said.
Motorists entering the checkpoint can expect to see traffic control patterns, warning signs, and officers on the roadway contacting drivers and screening for signs of intoxication or impairment, and checking driver’s licenses as traffic permits, he noted.
Drivers will be detained for the minimum amount of time possible at the checkpoint, said Bauman.
In addition to the DUI checkpoint on Friday evening, Bauman reported that special enforcement units also will be on DUI Saturation Patrol in and around the cities of Lakeport and Clearlake during the coming Memorial Day weekend looking for intoxicated or impaired drivers.
Funding for this program is provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.
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CLEARLAKE OAKS – A Cloverdale man armed with chicken livers won this year's Clearlake Oaks-Glenhaven Catfish Derby.
The Clearlake Oaks-Glenhaven Business Association's annual derby ran Friday through Sunday, and attracted near-record numbers – 468 adults and 91 children – with organizers reporting it was a “resounding success.”
Omar Mandujano won the annual fishing event with a catfish that he caught on Friday in Cache Creek, according to derby organizers. The winning fish weighed in at 25.27 pounds and was landed thanks to Mandujano's use of chicken livers.
Mandujano took home a new fishing boat, motor and trailer package for his efforts, organizers reported.
In the children's division, Clearlake Oaks resident Richie Pavoni took the top prize. He used a chartreuse spinner bait with a black crawdad trailer and caught a 21.29-pound catfish on Sunday morning in the Keys canals.
He reportedly exclaimed, “I got a big one,” as he transported his catch via wheeled cooler to the weigh-in station. His reward was a new four-wheel ATV.
Total payout in cash and prizes to other anglers totaled more than $9,000, the business association reported.
The waters were calm and the weather hot for the derby. Attendance this year was slightly below last year's record turnout, according to organizers.
The winning fish in the adult division this year was a few whiskers lighter than last year's winner, a 28-pounder hauled in by a Woodland angler, as Lake County News previously reported.
An estimated 70 percent of anglers participating in the derby came from areas outside of Lake County, including Oregon, Washington and Nevada – even as far away as Oklahoma, organizers reported. That's close to the percentage of visiting anglers that attended last year's event.
A total of 87 fish were caught – 61 by adults, 26 by children – weighing a total of 1,200 pounds, according to a derby summary. Eighteen fish were caught on Friday, 38 on Saturday and 26 on Sunday. All but five of the catfish were released back into the lake.
Mandujano's and Pavoni's winning catches were among those who were returned to the lake to live another day.
Popular spots for landing the fish included Cache Creek, and Rattlesnake and Indian Islands, with many anglers also fishing from the lake's shore, the business association reported.
The derby is the business association's major annual fundraiser, with proceeds donated back to the community for various projects as well as the annual July 4 fireworks display.
Organizers said they're already getting to work in order to plan next year's event.
For more information about the association, visit www.clearlakeoaks.org.
E-mail Elizabeth Larson at
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Lake County Office of Education Superintendent Dave Geck said district superintendents will meet Monday for a budget workshop on the revise, which was released May 14.
The May revise, he said, looks slightly kinder to schools than the January budget draft, which proposed $4.8 billion in cuts to education. The revise, he added, has adjusted that number to $4 billion.
North Coast Sen. Pat Wiggins said Schwarzenegger's revised budget “offers little more than a fig leaf for education.”
She added, “We can’t have a world class state with a world class economy without a strong education system – and this budget means our schools will still have to lay off teachers, reduce staff and increase class sizes.”
Although schools won't have a good sense about the shape of things to come until further analysis is completed later in the week, Geck said one of his hopes is to be able to rescind some of the layoff notices given to staff – teachers as well as some administrators – in March.
Across the county, “We sent notices out to 80 out of 530 teachers,” Geck said.
Many teachers, he said, are “holding their breath” to see how the revised budget will pencil out for local schools.
Most of those receiving layoff notices are the newest and brightest teachers, said Geck. The impact on them might be more far-reaching than just losing a job – some may decide to leave the profession altogether.
Also facing cuts are classified employees – bus drivers, custodians and aides.
“If you don't put a face on the pain, people really don't get it,” Geck said.
If schools end up having to cut their budgets across the board, as they originally were told they would have to do, “it will unravel a lot of successful programs up and down the state, and in this county, particularly,” he said.
Lake County is facing cuts to arts and music classes, as well as hits to its efforts at class size reduction, Geck said.
The California Budget Project estimated in a report issued this spring that the governor's initial budget would impact all of the county's 9,270 public school students, with proposed cuts to the five largest funding allocations for public schools equaling reductions of $627 per student.
An Assembly Budget Committee analysis of Schwarzenegger's May revise said a proposal to suspend Proposition 98 funds was withdrawn, and an additional $1.1 billion will be allocated.
There would be no cost-of-living adjustment for K-12 programs, and most K-12 programs would still be subject to the across-the-board cuts proposed in January, with funding also reduced to deferred maintenance, according to the report.
However, the report states that some cuts to special education and other programs would be restored. Additional funding also is proposed through Proposition 98 to assist in recruitment and personnel management, and separate legislation would fund assisting districts in meeting accountability measures.
The May revise will figure importantly in the way districts approach crafting their budgets for the coming year, said Geck, a process which will get under way in June.
E-mail Elizabeth Larson at
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LOWER LAKE – When Superintendent Dr. Louise Nan announced earlier this year her intention to accept a new position and leave Lake County, the Konocti Unified School District faced the hard work of finding someone to take the district's helm at a time of mounting challenges.
Like other rural school districts, Konocti Unified is facing dropping enrollment, budget cuts and layoffs in the coming year due to the impact of a mounting state fiscal crisis.
It was Nan who suggested to her board that, rather that look outside of the district, they look within, that in their midst was a man to match the mountains they had to climb.
Taking her advice, on May 7 Konocti's board of trustees voted unanimously to name Dr. Bill MacDougall the district's new superintendent. The announcement resulted in a standing ovation from the students, staff and parents at the meeting.
MacDougall, 51, has been an administrator with the district for more than two decades, and is best known for his work as principal at Carlé High School. Under his leadership, Carlé has been named a Model Continuation High School three times, and been recognized as one of the state's top alternative schools in California.
He's also served as principal of Oak Hill Middle School, assistant principal of Lower Lake High School, and assistant principal of Burns Valley and Lower Lake Elementary schools.
Konocti Unified Board President Herb Gura said MacDougall's long history in the district, the fact that they knew and trusted him, and that he has shown strong leadership made him an excellent choice at a critical point.
With the district's tight budget, and the immediate need for leadership, choosing from within was the obvious best step, said Gura.
“We hope he's going to bring the district together,” said Gura.
That will be no small feat. Konocti Unified is the county's largest school district, which had an enrollment of more than 3,000 students in the last school year, according to state data. It's facing a $1 million budget cut next year, said Gura, and is at impasse with its teachers union.
The district also handed out layoff notices to teachers and a few administrators, and cuts are expected to programs and services, said Gura. “We try to keep our cuts as far away from the classroom as we can.”
MacDougall said he was “flattered, humbled and surprised” by the board's offer, and said the choice to look within the district reaffirms his belief that the district's members – teachers, staff, students – have the knowledge and wisdom to make change happen.
He said he's been overwhelmed by offers of support from people throughout the community who want to offer support to him and the district.
MacDougall also is clear-eyed about the hard times that are ahead. His suggestion to dealing with hardship is for everyone to hang close together.
At the same time, he sees opportunity in the challenges, including building unity and creating a stronger district.
His contract as superintendent starts July 1, with Nan set to finish her tenure on June 20, at which time she'll leave for the Ripon Unified School District near Modesto.
When MacDougall starts work in the district office, he'll have a smaller staff, with the administration going “bare bones” in an effort to keep money where it will most benefit students.
Assistant Superintendent Cliff Lantz is retiring this year, and curriculum development specialist Monte Gregg is moving into another position. MacDougall said he'll assume the duties of both positions as well.
MacDougall said he has a plan for his first 100 days, and that will be to meet with everyone and listen to their ideas, concerns and solutions.
“I don't have all the answers, but I really believe all the answers are there and that the people within the Konocti Unified School District know those answers, and that been proven to me over the last 20 years,” he said.
Teachers still without a contract
A priority, he said, will be resolving the contract with the Konocti Educators Association. MacDougall said he's been “on both sides of the table” over the years, representing teachers in Humboldt County and acting as a district negotiator here in talks with classified employees.
Although he has not been privy to recent talks, he doesn't think the district's impasse with its teachers is insurmountable, and he said he wants to resolve it so teachers can leave behind worrying about contracts and focus their energy on the business of educating students.
John Lee, president of the Konocti Educators Association, said the union was unable to accept the district's final offer, which led to the impasse declaration last Dec. 4. The two sides are now in mediation, and set to meet May 22 one last time before moving to fact finding.
The union and district came close to reaching agreement on a three-year contract, said Lee, but they couldn't agree on health insurance provisions.
The contract called for the district to take money left over from this year and put it aside for a 2-percent pay increase that would be retroactive to Feb. 1 for the district's 180 teachers, said Lee. In return, the union agreed not to ask for a pay increase in the second year, but did ask for increased health insurance benefits in years two and three.
Lee said the union was willing to go without a pay increase in year three in exchange for the health insurance change, but the district wanted to cap benefits.
The next step is fact finding, which will including representatives from both side and an administrative law judge. If that fails, said Lee, a strike could result.
The last time district teachers held a strike was in 1986, when the union president was current school board member Carolyn Jarrett.
Gura said that, due to the drastic state budget cuts, the district lacks the ability to give the teachers the kind of compensation like they deserve and have the right to expect
About 36 people, teachers and some administrators, received layoff notices this spring, said Lee, although many of those have been rescinded.
At last count, there were 16 on the list, and a slightly better budget picture – thanks to the governor saying he won't suspend Proposition 98 funds – could take more names off the layoff list, he said. “That's going to be a big relief to a lot of school districts.”
Lee said he believes that the superintendent's ability to make change will depend on the school board. He believes that, if it had been up to Nan, the contract would have been settled, but that the board's direction limited her.
“I don't know if Mr. MacDougall is going to be able to change that or not,” he said.
What's ahead for Carlé
Gura said there are a few qualified administrators interested in following MacDougall as Carlé's new principal. Ultimately, he added, MacDougall will be allowed to choose his successor.
“Carlé has always selected its principal,” said MacDougall.
A committee composed of teachers, students and parents will make its proposal to pick the right person, he said.
“I don't think there's ever been a place I've grown more as an individual than at Carlé,” he said.
Carlé is a special place, a small community of kindness, growth and safety that MacDougall says need to be replicated not just districtwide but across the community.
MacDougall helped build the school's small community, and he's done it before in Humboldt County schools, and even has experience in creating a city's strategic plan. But taking on this larger task of guiding the district is, he admits, “a huge undertaking.”
He added that succeeding “is going to take all of us.”
The school's students have reacted both with happiness and some sadness as the announcement that MacDougall will move to the district office. The students, he added, believe in personal growth and see that this is a huge growth experience for him.
“Carlé is not made of one person,” he said, adding that it was a fabulous school before he arrived, and will continue to be so after he takes his new job.
He said his students are exceptional young people who know that, ultimately, their job is to help each other. MacDougall said he'd like to see the community take the same attitude.
It's idealistic, he admits, but idealism may be just what is needed to address the challenges the district faces.
Invested in the community
MacDougall said he has a lot of faith in the the district – its teachers, staff and students – and the larger community beyond.
“It is my community,” he said. “It is the place I love and want to spend the rest of my life, so I'm definitely invested in this community.”
He sees a lot of momentum right now to help youth. “The sign of a healthy community is when you're helping your young and your old.”
Students are testing well and he pointed to Lower Lake High's recent recognition by US News and World Report. “Our students are capable of succeeding at the highest levels and have proven that.”
The question that needs to be asked, he said, is are students being served the best they can be? And are they being prepared to move on to higher education – whether universities or career technical training – that will lead to fulfilling careers?
MacDougall said his goal is to prepare students for good jobs so as to avoid the “hamster wheel” of minimum wage.
In his 14 years on the board, Gura said he's helped hire three superintendents.
MacDougall's is a special hire, according to Gura. “When you have somebody within the district that is a strong leader and so well-respected and liked by staff, you can't really go wrong. You can't really do better.”
E-mail Elizabeth Larson at
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