Lakeport Police Lt. Brad Rasmussen said the case stems from an incident that is alleged to have occurred on July 17.

Two Bay Area residents – a man and woman, whose identifies police haven't yet released due to the pending case – are alleged to have met at a local accommodation where they agreed to exchange sex for money, said Rasmussen.

Just after 3 a.m. on July 17, the woman was stopped by Calistoga Police for a vehicle code violation, and during the stop she stated she had been raped, Rasmussen said.

He said Calistoga Police escorted the woman back to Lakeport where she was Lakeport Police interviewed her.

“She reported that she'd been raped by this individual,” Rasmussen said, referring to the male subject.

Rasmussen said the investigating officer contacted the male subject, who said he had made contact with the woman through a Web site, where she allegedly advertises an escort service.

They agreed to meet in Lakeport, said Rasmussen. “There was an exchange of money.”

He said the amount of money in question was $400.

During the course of the encounter the woman alleged that the male subject forced her into a sex act which she didn't agree to perform, said Rasmussen.

Rasmussen said police forwarded the case to the District Attorney's Office to have it reviewed for possible prostitution charges against both subjects.

He said a rape charge also could be filed in the case if it turns out the woman was, in fact, forced into a sex act as she alleged. If not, he doesn't expect her to face a charge of filing a false police report.

Rasmussen, who has been with Lakeport Police for close to 20 years, said he doesn't recall a previous prostitution case in his time there.

E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. .

The court issued the unanimous 16-page unpublished decision on Friday, denying 45-year-old Andre Lafayette Stevens' appeal. The justices denied his petition for a writ of habeas corpus in a separate order.

The decision's author, Justice Patricia Sepulveda, wrote that there was “overwhelming evidence of defendant's guilt for deliberate and premeditated murder.”

In September of 2007, a jury convicted Stevens of first-degree murder for the stabbing death of 41-year-old John Rayford McCoy. They also found true a special allegation of use of a knife and a previous strike for a 1990 robbery in Santa Barbara County, as Lake County News has reported.

A month later, Judge Robert Crone sentenced Stevens to 52 years to life in prison.

Stevens admitted to stabbing McCoy because he believed McCoy had sex with his girlfriend, who Stevens reportedly had threatened to kill previously.

Several neighbors saw the confrontation at a Clearlake apartment complex, where Stevens stabbed McCoy 10 times in the neck, chest, shoulder, back and arm, according to court documents. One of the stab wounds penetrated the heart and another fractured a rib, went through McCoy's left lung and diaphragm and into his stomach.

He also suffered blunt force trauma injuries to his head, chest and leg that the autopsy revealed were consistent with being kicked, the documents reveal.

On the day of the murder, Stevens admitted to having drunk alcohol, smoked marijuana and used cocaine.

Stevens appealed his conviction, claiming four areas where the court erred: in excluding from evidence McCoy's prior drug and firearms convictions, admitting evidence about Stevens' past assaults on his girlfriend using the knife he later used to kill McCoy, failing to to instruct the jury to consider McCoy's prior threats and harm to others when considering Stevens' claims of self-defense and imperfect self, and failing to instruct the jury to consider defendant’s intoxication in evaluating his self-defense and imperfect self-defense claims.

McCoy had four previous convictions – misdemeanor counts of possessing a switchblade and violating a protective order, and felonies of discharging a firearm in a grossly negligent manner and drug possession while carrying a loaded firearm. The convictions took place between 1992 and 2003, the court reported.

Stevens argued that McCoy's convictions “should have been admitted to prove McCoy's character for violence, in support of defendant's claim of self-defense against McCoy's aggression.”

The court said Stevens was making the argument in order to impeach McCoy's dying statement that Stevens stabbed him. Police had found McCoy dying at the scene, lying in a pool of blood, with Stevens standing nearby with the knife in his hand.

“Defendant has a long and violent criminal history,” Sepulveda wrote. “By foregoing evidence of McCoy’s criminal past, the defense avoided evidence of defendant’s criminal past, which was significantly more violent than McCoy’s. While some evidence of defendant’s past criminality was introduced at trial for other purposes, far more evidence would have been admitted had the defense offered McCoy’s criminal convictions as proof of McCoy’s violent nature.”

Stevens also had argued that the fatal fight began in an apartment and led outside, where to witnesses it seemed one-sided. He said the critical first part inside the apartment was where there was a “solid basis for self-defense.”

The court found that argument didn't hold based on the evidence – a trail of McCoy's blood that led outside and Stevens' own “scant injuries.”

During the trial, the defense council had argued that McCoy was a drug dealer and gang member, and Stevens was forced to kill him in self-defense because McCoy “was a homicidal maniac attacking him.”

The court pointed out that the argument contradicted the evidence, because the allegation that McCoy was a drug dealer was not made in court. The prosecutor pointed that contradiction out to the jury, which the court ruled was proper.

In its conclusions, the court found that the jury had rejected Stevens' testimony that McCoy attacked him and found that Stevens committed the crime with premeditation.

Stevens is serving his time at San Quentin State Prison.

E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. .

LAKEPORT – The Lakeport City Council will hear a presentation on quagga mussels, look at applying for grant funding to help local businesses and consider hiring a new police officer at its next regular meeting, set for this Tuesday.

The council and staff will meet at 5 p.m. for a budget workshop before the regular meeting convenes at 6 p.m. Tuesday, Aug., 4, in the council chambers at Lakeport City Hall, 225 Park St.

The agenda and accompanying staff reports can be downloaded at www.cityoflakeport.com/departments/docs.aspx?deptID=88&catID=102 .

Carolyn Ruttan of the county's Water Resources Division will give the presentation regarding quagga mussels during public presentations. This past week, the Board of Supervisors agreed to offer the city at least one quagga mussel decontamination stations.

On Tuesday, the council also is scheduled to hold a public hearing and adopt a resolution approving an application and contract execution for funding from the Economic Development Allocation of the State Community Development Block Grant (CDBG) Program.

The $300,000 grant for which the city is applying would be used for business assistance loans, specifically for working capital, equipment, and inventory, according to a staff report. Because the grants are competitive, city staff recommends the council approve leveraging business loan program funds to enhance the grant applications.

If the city receives the grant, it would be able to fund five to seven business loans and create eight to 10 jobs for targeted income persons, staff reported.

In redevelopment business, the council – sitting jointly as the redevelopment agency – will receive a status report on several improvement projects in the city's redevelopment area. Those projects include 562 S. Main St. (Performance European); Forbes and Martin Street east of the county fairgrounds; Martin Street alley extension project (TJ’s Bar and Grill / Saving Bank of Mendocino); and First and Main (Ross Kauper).

Also acting in joint capacity as the council and the City of Lakeport Municipal Sewer District, members will consider a financial assistance application to the State Revolving Fund for $2.2 million to complete projects recommended in the Sewer Master Plan of 2008.

Kevin Burke, the city's police chief and interim city manager, is taking to the council a request to accept $241,237 awarded to the city from the COPS Hiring Recovery Program grant, which is part of the American Recovery and Investment Act of 2009.

Along with that request, Burke will ask the council to consider an exemption from the current hiring freeze in order to hire a police officer pursuant to the program. His report to the council explains that Lakeport Police applied for the grant in May to replace one of the police officer positions that had been eliminated in connection with the prior fiscal year budget.

Burke's report explains that 7,200 law enforcement agencies applied for the grants, which fully funds an entry level police officer position for three years, including salary and benefits. By accepting the grant, the city must commit to retaining the police officer for at least one additional year, Burke said.

In other business, the council will consider giving staff direction regarding temporary occupancy agreement for property at 280 Third St., where Roy Muhlhauser is remodeling a mixed-use project consisting of two professional offices and a small residential unit. The agreement, signed in January of 2007, was up at the end of July, and all the required improvements have not been finished, according to a report from City Attorney Steve Brookes.

The council also will hold a closed session to discuss an anticipated case of litigation and hold a conference with labor negotiators regarding the Lakeport Employees Association, which last month asked to begin impasse proceedings, as Lake County News has reported.

E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. .

Dalton Vaher, 19; Carl Green, 23; and a 17-year-old male juvenile were taken into custody late Friday, according to Lt. Mike Hermann of the Clearlake Police Department.

Two armed suspects wearing masks allegedly attacked an employee at Foods Etc., 15290 Lakeshore Drive, at around 2 a.m. Friday, said Hermann.

Hermann said the suspects confronted night manager David Santana, who opened the store's rear loading door in preparation for a scheduled delivery.

The two male suspects – wearing dark clothing and partial masks – immediately ran inside toward Santana and pushed him back, Hermann said. One of the suspects was armed with a handgun and at one point struck Santana over the head with it while threatening to kill him if he did not cooperate.

Hermann said the suspects forced Santana at gunpoint to an undisclosed location where they retrieved a key to the safe and opened it. The suspects then took an undisclosed, large amount of cash from the safe and fled the store shortly after.

A silent alarm was initiated and Clearlake Police officers responded to the scene and began the initial investigation, Hermann said.

Hermann said the case was actively worked throughout the day, with police utilizing surveillance video from the store in the investigation.

Crime Suppression Unit members Sgt. Tim Celli and Officer Mike Ray later took over the investigation and immediately began identifying persons of interest, Hermann said.

One of those they identified was Vaher, who Hermann identified as an ex-employee of the store.

Police eventually located and questioned Vaher, who they allege helped plan and commit the crime while providing specific information about the store’s procedures to Green and the male juvenile, Hermann said.

Green is alleged to have entered the store directly behind the juvenile, who was armed with the handgun and assisted with controlling Santana once inside the store, according to Hermann.

After the arrests, a search warrant was obtained for a residence on Robinson Avenue where Dalton and Green both live. In addition, Hermann said police searched the juvenile's Clearlake residence.

As a result of the searches – both of the residences and the suspects themselves – Sgt. Celli and Officer Ray were able to recover a large portion of the stolen money in addition to identifying how the remainder of the cash had been spent, Hermann said.

Hermann said police also located the clothing items and the .380 semiautomatic pistol alleged to have been used during the robbery.

Dalton and Green were both booked into the Lake County Jail for armed robbery and conspiracy to commit a crime, said Hermann.

Meanwhile, Hermann said the juvenile male was transported to Lake County Juvenile Hall where he was charged with armed robbery, conspiracy to commit a crime, assault with a deadly weapon and being armed during the commission of a crime.

Anyone with additional information about this crime is asked to contact Sgt. Tim Celli at 707-994-8251.

E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. .

On Wednesday, the Supreme Court turned down the Edward James Munoz's petition for review of his case, according to court documents.

Chief Deputy District Attorney Richard Hinchcliff, who prosecuted the case, said Munoz filed the petition request on May 14.

Munoz was convicted of the March 2006 murder of 26-year-old Leah Leister and sentenced to life in prison without the possibility of parole.

Hinchcliff has called the case one of the worst he's ever taken to trial.

Munoz stabbed Leister 17 times after she was bound with duct tape and a plastic bag was put over her head. Her young son was asleep in the next room and a female friend was sleeping on the living room couch while the crime took place.

On April 29, the First Appellate Court turned down Munoz's appeal, as Lake County News has reported.

Munoz has claimed that another man killed Leister, according to court records.

E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. .

U.S. Senator Barbara Boxer lauded an announcement by Vice President Joe Biden and Attorney General Eric Holder that cities, agencies and tribes across California will receive more than $211 million to hire police officers.

Lake County agencies will receive a total of approximately $652,382. They include the Clearlake Police Department, $186,688; city of Lakeport, $241,237; and Robinson Rancheria of Pomo Indians: $224,457.

In neighboring Mendocino County, funding will go to the Hopland Band of Pomo Indians, $191,549; Cahto Tribe of Laytonville Rancheria, $165,798; Round Valley Indian Tribes, $150,600; and city of Ukiah, $251,081.

The funding is part of a $1 billion commitment included in the economic recovery package that will support nearly 5,000 police officers across the nation.

Sen. Boxer called Vice President Biden and National Economic Council Director Larry Summers to express her strong support for the inclusion of police officer hiring grants as part of the recovery package.

“These grants could not be more timely as cities across California continue to face difficult budget cuts,” said Boxer. “I am so pleased that this funding will put more police officers on the streets to protect our families.”

The Community Oriented Policing Services (COPS) program gives hiring grants to help bolster police forces.

The grants provide all of the approved salary and benefits for entry-level officer positions for three years and require police departments to retain the grant funded positions for a fourth year.

The grants will support 649 police officers across California – 41 in Oakland, 50 each in Los Angeles and San Francisco, and 50 in the Riverside County Sheriff’s Department.

A full list of funding for agencies around the state follows.

Alpine County: $242,920

City of Alturas: $235,220

Anderson Police Department: $293,159

City of Antioch: $2,078,988

Arvin Police Department: $198,501

City of Atwater: $505,876

City of Auburn: $262,225

Bakersfield Police Department: $5,062,124

City of Bell Gardens: $927,285

City of Blythe: $336,073

City of Brawley: $458,864

Cahto Tribe of Laytonville Rancheria: $165,798

Calexico Police Department: $510,730

California City: $202,257

Capitola Police Department: $291,217

Cathedral City: $840,138

City of Chico: $1,117,368

City of Chino: $700,596

Clearlake Police Department: $186,688

Clovis Police Department: $1,526,465

City of Colton: $749,121

City of Delano: $423,134

City of Desert Hot Springs: $346,258

Dinuba Police Department: $543,842

Dixon Police Department: $280,152

East Palo Alto Police Department: $799,844

El Centro Police Department: $1,134,072

City of El Monte: $2,424,072

City of Emeryville: $913,576

City of Escondido: $2,308,144

Eureka Police Department: $631,796

Fairfield Police Department: $1,556,205

Farmersville Police Department: $242,572

City of Fresno: $10,235,445

City of Gardena: $1,667,460

Gilroy Police Department: $1,160,418

Grass Valley Police Department: $279,137

City of Gustine: $249,633

City of Hayward: $4,032,027

City of Hemet: $1,195,332

Hopland Band of Pomo Indians: $191,549

Huron Police Department: $135,944

Indio Police Department: $1,430,444

City of Inglewood: $3,029,500

Jackson Police Department: $299,874

King City: $302,501

City of Lakeport: $241,237

Lindsay Department of Public Safety: $214,156

City of Lodi: $1,430,676

City of Los Angeles: $16,285,650

Los Banos Police Department: $654,806

Town of Mammoth Lakes: $412,736

Manteca Police Department: $1,479,340

City of Marina: $415,267

Marysville Police Department: $281,833

Maywood Police Department: $617,564

Merced Police Department: $1,501,880

City of Modesto: $4,474,782

Montclair Police Department: $537,694

Newman Police Department: $283,164

Oakdale Police Department: $275,615

City of Oakland: $19,747,117

City of Ontario: $3,956,326

Orland Police Department: $275,677

Oroville Police Department: $270,864

City of Palm Springs: $1,689,840

Parlier Police Department: $252,554

Pittsburg Police Department: $758,096

Placerville Police Department: $320,141

Pomona Police Department: $3,144,717

City of Redlands: $1,384,824

Rialto Police Department: $1,089,580

City of Richmond: $3,819,952

City of Ridgecrest: $506,424

Rio Dell Police Department: $155,263

Riverside County Sheriff's Department: $12,995,750

Robinson Rancheria of Pomo Indians: $224,457

Round Valley Indian Tribes: $150,600

Sacramento Police Department: $9,554,860

City of Salinas: $3,837,546

San Bernardino Police Department: $5,424,624

City of San Fernando: $674,978

San Francisco Police Department: $16,562,750

San Joaquin County Sheriff: $5,118,326

San Pablo Police Department: $980,127

City of Sand City: $398,955

Sanger Police Department: $518,954

City of Santa Ana: $6,739,542

City of Santa Cruz: $1,971,350

City of Selma: $430,734

Signal Hill Police Department: $708,654

Siskiyou County Sheriff's Department: $615,156

Stanislaus County Sheriff's Department: $2,501,480

City of Stockton: $7,932,160

Suisun City: $319,603

Sutter Creek Police Department: $238,884

Tulare County Sheriff's Department: $3,179,124

City of Tulare: $1,174,592

Turlock Police Department: $1,173,228

City of Ukiah: $251,081

Union City: $1,494,992

City of Vallejo: $2,177,436

Vernon Police Department: $1,088,718

City of Watsonville: $1,080,468

Weed Police Department: $202,709

West Sacramento Police Department: $973,356

Willows Police Department: $255,843

Woodlake Police Department: $223,149

Woodland Police Department: $836,190