Clearlake shooting defendants to appear in court

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From left, court officials are still determining who will be defense counsel for, from left, Paul Braden, Orlando Lopez and Kevin Stone, who are being charged with murder and a host of other charges for a deadly shooting in Clearlake, Calif., that left a 4-year-old boy dead and five others wounded. Lake County Jail photos.





 

 

LAKE COUNTY, Calif. – Two of the three suspects in a Clearlake shooting that killed a child and wounded several others will be in court on Friday.


Paul William Braden, 21, and Orlando Joseph Lopez, 23, both of Clearlake Oaks, are scheduled for an 8:15 a.m. hearing Friday at which the court is going to determine who will be their defense attorneys, according to District Attorney Don Anderson.


The third suspect in the case, Kevin Ray Stone, 29, of Clearlake – who was arrested last week in Sonoma County – was transported to Lake County and booked into the Hill Road Correctional Facility shortly before 4 p.m. Thursday, with bail set at $1,510,000, according to booking records.


With Stone back in Lake County, he's scheduled for a July 11 arraignment, although Anderson said Thursday that he hopes to get Stone moved up in the court calendar to coordinate with the Friday court appearances of his codefendants. He's not yet been assigned defense counsel.


The three men are charged with murder and a lengthy list of other charges – including assault with a deadly weapon, mayhem and attempted murder – for the June 18 shooting that left 4-year-old Skyler Rapp dead and five others injured.


If convicted, each of the three men could face about a dozen life sentences, according to court documents.


Stone had been on the run for almost two weeks when he was arrested in Sonoma County last week along with his 25-year-old girlfriend, Leighann Painchaud, after sheriff's deputies there acted on an anonymous tip that pointed to a Santa Rosa location, as Lake County News has reported.


The couple was found in a stolen Ford Explorer that Painchaud is alleged to have taken from Clearlake. Clearlake Police had said the vehicle was reported stolen on June 29.


Painchaud posted bail on the vehicle theft charge on July 2 and was released, according to a Sonoma County Jail staffer.


Stone was transported back to Lake County on Thursday, a day before the end of the seven-day deadline in which police indicated he had to be bring him back.


“It was my understanding he was fighting the transfer to Lake County,” said Anderson, who is personally prosecuting the case.


Court documents indicate that the men are each facing 15 principal and subordinate counts – from murder to assault with a deadly weapon. There also are numerous special allegations lodged against each.


The charges against Stone include an allegation that he was in possession of a shotgun after having been convicted in July 2010 of assault with a deadly weapon.


Braden is charged with having a previous felony conviction in October 2008 for burglary, which sent him to state prison. He was paroled in that case on June 7, less than two weeks before the shooting, according to the California Department of Corrections and Rehabilitation.


Defense attorney Jacob Zamora had been appointed to represent Braden, but due to a conflict left the case on Wednesday, Anderson said.


Defense attorney Doug Rhoades, assigned to Lopez, said the nature of the case – with three codefendants – has resulted in a few attorneys not being able to offer representation due to conflicts.


Rhoades, who previously represented Braden, expects to switch from Lopez to Braden on Friday as one way of handling the conflicts that have arisen due to the intertwining prosecutions.


“It's just logistics,” Rhoades explained.


Anderson said parts of the investigation continue to come into his office from the Clearlake Police Department.


“The majority of the hard part is done,” he said, adding that some “technical aspects” remain unfinished on the case.


The following is a list of charges for the defendants in the case based on the initial June 22 filing – which Anderson provided on Thursday – which specifically names Braden and Stone. The District Attorney's Office has indicated that Lopez will be similarly charged.


Count one: Murder, for death of Skyler Rapp

Special allegation: Personally and intentionally discharging a firearm causing great bodily injury.

Special allegation: Use of a firearm causing a serious and violent felony.


Count two: Assault with a deadly weapon, a firearm (victim, Skyler Rapp)

Special allegation: Personally using a firearm.

Special allegation: Personally inflicting great bodily injury on a child under age 5.


Count three: Attempted murder with premeditation (victim, Desiree Kirby)

Special allegation: Personally inflicting great bodily injury.

Special allegation: Personally and intentionally discharging a shotgun, causing great bodily injury.

Special allegation: Use of a firearm causing count three to become a serious and violent felony.


Count four: Assault with a deadly weapon, a firearm (victim, Desiree Kirby)

Special allegation: Personally using a firearm.

Special allegation: Personally inflicting great bodily injury, causing count four to become a serious felony.


Count five: Mayhem (victim, Desiree Kirby)

Special allegation: Personally and intentionally discharging a shotgun, causing great bodily injury.


Count six: Attempted murder with premeditation (victim, Andrew Sparks)

Special allegation: Personally inflicting great bodily injury.

Special allegation: Personally and intentionally discharging a shotgun, causing great bodily injury.

Special allegation: Use of a firearm causing count six to become a serious and violent felony.


Count seven: Assault with a deadly weapon, a firearm (victim, Andrew Sparks)

Special allegation: Personally using a firearm.

Special allegation: Personally inflicting great bodily injury, causing count seven to become a serious felony.


Count eight: Mayhem (victim, Andrew Sparks)

Special allegation: Personally and intentionally discharging a shotgun, causing great bodily injury.


Count nine: Attempted murder with premeditation (victim, Joseph Armijo)

Special allegation: Personally inflicting great bodily injury.

Special allegation: Personally and intentionally discharging a shotgun, causing great bodily injury.

Special allegation: Use of a firearm causing count nine to become a serious and violent felony.


Count 10: Assault with a deadly weapon, a firearm (victim, Joseph Armijo)

Special allegation: Personally using a firearm.

Special allegation: Personally inflicting great bodily injury, causing count 10 to become a serious felony.


Count 11: Attempted murder with premeditation (victim, Ian Griffith)

Special allegation: Personally inflicting great bodily injury.

Special allegation: Personally and intentionally discharging a shotgun, causing great bodily injury.

Special allegation: Use of a firearm causing count 11 to become a serious and violent felony.


Count 12: Assault with a deadly weapon, a firearm (victim, Ian Griffith)

Special allegation: Personally using a firearm.

Special allegation: Personally inflicting great bodily injury, causing count 12 to become a serious felony.


Count 13: Attempted murder with premeditation (victim, Ross Sparks)

Special allegation: Personally inflicting great bodily injury.

Special allegation: Personally and intentionally discharging a shotgun, causing great bodily injury.

Special allegation: Use of a firearm causing count 13 to become a serious and violent felony.


Count 14: Assault with a deadly weapon, a firearm (victim, Ross Sparks)

Special allegation: Personally using a firearm.

Special allegation: Personally inflicting great bodily injury, causing count 14 to become a serious felony.


Count 15: Discharge of a firearm at an inhabited dwelling at 14034 Lakeshore Drive, Clearlake.

Special allegation: Personally and intentionally discharging a shotgun which proximately caused great bodily injury to Skyler Rapp, Desiree Kirby, Andrew Sparks, Joseph Armijo, Ian Griffith and Ross Sparks.


Stone only


Count 16: Felon in possession of a firearm after having been convicted within 10 years of assault with a deadly weapon.


Braden only


Prior prison term: That subject had served a prison term for burglary within five years of the June 18 shooting incident.


E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow Lake County News on Twitter at http://twitter.com/LakeCoNews, on Tumblr at www.lakeconews.tumblr.com, on Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at http://www.youtube.com/user/LakeCoNews .

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