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- Written by: Elizabeth Larson
CLEARLAKE – On Tuesday a jury found a teenager guilty of voluntary manslaughter for the May 2008 death of a Clearlake man.
The verdict was handed down to 19-year-old transient Erik Michael McPherson Tuesday morning, according to defense attorney Stephen Carter of the law firm Carter & Carter.
The District Attorney’s Office had charged McPherson with murder and a special allegation of using a knife for the death of 40-year-old Nicolai Chukreeff.
However, after a week of deliberation, a jury convicted McPherson of the lesser charge of voluntary manslaughter.
McPherson’s sentencing is scheduled to take place at 3 p.m. June 11 before Judge Stephen Hedstrom, who presided over the trial, which lasted two and a half months. Jury selection had begun on Jan. 13, according to the District Attorney’s Office.
McPherson could face as many as 12 years in prison, and must serve 85 percent of the term, said Carter, who noted that by the time of his sentencing McPherson will have been in jail for 13 months, which he’ll receive credit for as time served. He said that McPherson should be out of prison by the time he’s 30 years old.
Chukreeff’s family did not respond to messages left for them on Tuesday.
Carter said the jury had only been deliberating a few hours on Tuesday morning before they sent out a note requesting clarification on the manslaughter law.
Within a half hour they issued the verdict, which found McPherson guilty on the one count of voluntary manslaughter and the special allegation of using a knife, and acquitted him of the murder charge, Carter said.
Deputy District Attorney John DeChaine said he wouldn’t speculate as to the reason for the jury’s verdict, but said they were faced with a lengthy trial and arrived at a good result. “I think the evidence strongly supports that verdict.”
The verdict came just a day after another local teenager, 18-year-old Gabrielle Varney, reached a plea agreement with the District Attorney’s Office that allowed her to plead guilty to voluntary manslaughter for the June 5, 2008, stabbing death of 17-year-old Heather Valdez, as Lake County News has reported.
DeChaine said it’s unclear whether Chukreeff and McPherson knew each other before the encounter at the Harbor Lite Resort in Clearlake on May 4, 2008.
Chukreeff and several friends were having drinks in the resort’s gazebo when McPherson arrived. DeChaine said the two got into a heated exchange and violence erupted.
The evidence, said DeChaine, was that Chukreeff was the primary aggressor in the fight, and that he died as the result of unreasonable use of deadly force by McPherson.
Carter, who spoke with a juror after the verdict was announced, said the fact that Chukreeff was the initiator of the fight appeared to be a key to the jury’s decision, and had been a point which he emphasized during the trial.
He said McPherson acted in response to being attacked by Chukreeff, whose blood contained high levels of alcohol and methamphetamine according to toxicology results.
As the two men fought, McPherson used two weapons – a chrome-studded leather belt, which left distinct bruising on Chukreeff’s back – as well as a knife, which DeChaine said McPherson used to slash a large wound in Chukreeff’s chest and then to stab him through his sternum, with the knife going into the heart.
“The pathologist testified that he could not conceive of a way that the slash and stab wound could have arose from one single action,” said DeChaine.
Complicating the case was the fact that no one actually saw McPherson with a knife, or saw the stabbing, said DeChaine. However, McPherson was seen running away from Chukreeff immediately before Chukreeff collapsed from the stab wound to his heart.
None of the witnesses knew McPherson by name, according to DeChaine, who added that solid police work by Sgt. Tom Clements and Detective Martin Snyder of the Clearlake Police Department led to McPherson’s identification and ultimate arrest.
DeChaine said that McPherson was wearing the belt he used to hit Chukreeff when Snyder contacted him. That belt, which Snyder seized as evidence, was matched to the bruising on Chukreeff’s back by Senior Criminalist Richard Mike Waller at the Department of Justice. In addition, McPherson’s thumbprint was found on a broken pair of glasses recovered from the crime scene.
The defense employed its own investigator, Rob Zehrung, who saw holes in the case and found witnesses who police hadn’t interviewed, said defense attorney Angela Carter of Carter & Carter.
The defense also presented testimony by a noted criminal forensic scientist, who testified on the investigation’s shortcomings, including compromised evidence and people being allowed to leave the scene without being thoroughly searched and before they had given statements, some of which were taken hours later, Angela Carter said.
Carter’s defense had included allegations that another man – who had been with Chukreeff that night – had actually committed the crime.
That individual’s DNA was found under Chukreeff’s fingernails, Carter said.
However, DeChaine said the jury rejected that theory, and said the exchange of DNA was easily explained because Chukreeff and the man in question were good friends. When law enforcement arrived at the scene, the man was found cradling Chukreeff’s head.
Carter said McPherson and his family were elated with the verdict. McPherson’s grandmother came from Colorado and attended every day of the trial, with her husband arriving to stay during the week of deliberations.
“I think the jury worked really, really hard,” said Carter.
Angela Carter said an appeal will be filed, which is standard operating procedure in California.
DeChaine said a grand theft charge, for which McPherson originally was arrested on May 7, 2008, is still pending against him.
E-mail Elizabeth Larson at
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- Written by: Lake County News reports
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.
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- Written by: Lake County News Reports
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.
- Details
- Written by: Elizabeth Larson
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.
E-mail Elizabeth Larson at
