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LAKEPORT – Officials have confirmed that two women arrested this week in connection with the death of a Nice man have been released from custody.
Sheriff Rod Mitchell said Jamie Martin, 20, of Lucerne and Terri Kenney, 48, of Nice were released from the Lake County Jail Thursday, a day after the two women were arrested for the murder of Michael Eugene Fausnaugh, 38.
Still remaining in jail is Shamus Maroney, 27, who was arrested March 23 for a felony probation violation before being booked for murder along with Martin and Kenney on Wednesday.
All three had originally been scheduled for a court appearance Thursday.
Fausnaugh's body was found dumped along the west side of Highway 29 near north Lakeport on March 22.
The day before, witnesses told Lake County Sheriff's investigators that they had seen Fausnaugh – who was suffering from a “significant” head injury – along with Martin, Kenney and Maroney at Upper Lake's Middle Creek Campground.
“The case is definitely not completed,” said Mitchell, adding that his investigators are still actively working the case, which has not been submitted to the District Attorney's Office.
On Friday, Maroney's booking sheet still listed the murder charge. However, Chief Deputy District Attorney Richard Hinchcliff said Friday that no suspects have actually been formally charged in the case.
Hinchcliff said he's been in close contact with LCSO investigators but they have not yet submitted a report to his office.
“It was mutually agreed upon that the investigation should continue before anything is sent over to us to make a charging decision,” Hinchcliff added.
Mitchell wouldn't elaborate on the reasons the two women were released, nor would he speculate on other possible arrests in the case.
LCSO Lt. Cecil Brown said of the case, “We've been putting a lot of investigative hours into it.”
Those with information on the case, particularly those who were at the Middle Creek Campground March 21, are urged to contact Det. Brian Kenner at the LCSO Detective Bureau, 262-4200.
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LAKEPORT – A woman accused of what Animal Care & Control officials say is one of the worst dog neglect cases they've even seen has been sentenced to six months in jail and ordered to pay thousands of dollars in reimbursement for the animal's care.
Donna Mae Heath of Lakeport was sentenced Thursday on a charge of felony animal abuse in the case of her family's German shepherd, George, who later received the nickname “Hero.”
Heath pleaded no contest to the charge Feb. 2.
On Thursday Judge Richard Martin sentenced Heath to three years of formal probation, the terms of which include 180 days in county jail and 100 hours of community service, according to Chief Deputy District Attorney Richard Hinchcliff.
In addition, Martin ordered Heath to pay $1,399.84 to Lake County Animal Care & Control, and $2,653 to Wasson Memorial Veterinary Clinic. Martin ruled if Animal Care & Control and Wasson had already been reimbursed by donations, that the money would go to a fund set up at Animal Care & Control for the care of other abused animals.
As part of Heath's sentence, she will not be allowed to possess any animal for three years, Hinchcliff reported.
Hinchcliff said Animal Control Officer Nehemiah White and DA Investigator Von Morshed investigated the case.
White, who responded to the home to conduct a welfare check on June 21, 2006, said Hero's case was reported by a concerned neighbor.
When he asked Heath about the dog, he said she told him she had just run out of dog food, that it was her son's dog and she hadn't seen the dog for days.
Heath called to the dog, said White, which came limping up from the backyard on bleeding feet filled with foxtails. The dog was extremely thin, with his ribs and hip bones protruding, and his spine clearly visible. White said the dog also was missing patches of hair.
Heath's defense attorney, Stephen Carter, said when Heath saw the dog at that point, she was shocked, because she hadn't seen him for some time.
Carter said Heath was responsible for a household including her son and granddaughter, and that she also was suffering from a number of medical conditions, including carpal tunnel, which prevents her from lifting bags of dog food.
He said Heath had told her son that she couldn't take care of the dog any more because of her health and other responsibilities. “She was basically taking care of the whole house,” Carter said.
Carter added, “It was a very sad case all around.”
White said he immediately took the frightened dog from the home and transported him to Wasson Memorial Veterinary Clinic.
When Morshed later went back to Heath's home, she was unable to find any dog food or feeding bowls for food or water, Hinchcliff reported. Heath then told Morshed that she was planning on putting George down because he had stopped eating.
When Hero arrived at Wasson, he weighed 61 pounds, said White. Over the next month, through care and compassion, the dog gained weight and underwent several surgeries to remove the foxtails, White reported.
Dr. Chris Holmes of Wasson told investigators that Hero's case was one of the worst – if not the worst – cases of neglect and abuse he had ever seen. Holmes said Hero's condition could have been prevented with food and water, and basic preventative care.
Deputy District Attorney Rachel Abelson handled the case's sentencing phase for the DA's Office.
Carter argued against prison time, and said Martin followed the Probation report, which suggested 180 days in jail, rather than prison. Carter said Heath will actually serve four months in jail.
He said he was pleased with the sentence because Heath won't go to prison, although he would have preferred no jail time because of Heath's medical and other concerns.
Carter said he believes Heath's son was more culpable for the dog's neglect, but that Heath was charged because she was home when Animal Control arrived.
“As I argued to the judge, we were never contending that the dog had not been neglected miserably,” Carter said.
Hero, said White, “was a very good dog,” who was adopted out in early fall to a Bay Area family who had heard about his case.
The family, who has other dogs and children, have since reported that Hero is doing well, said White. The family reportedly took Hero, who now has a new name, to a dog dermatologist, who helped him grow back his hair.
Carter said Hero's recovery is the happy part of an otherwise very sad story.
White said he often sees neglect cases, but they're not usually this bad.
Animal Care & Control Director Denise Johnson agreed. “This is definitely one of the worst abuse cases we've seen in my career here as far as dog neglect,” she said.
“We've had some livestock cases that have come close,” she added, some of which are still pending in the courts.
Hinchcliff was pleased with Judge Richard Martin's ruling in the case.
The DA's Office, said Hinchcliff, is “gung ho” on animal abuse and neglect prosecutions, although they don't often get the stringent sentences they seek.
This case was different, said Hinchcliff. “It turned out real good as far as we're concerned,” he said.
Things have also apparently turned out well for the dog formerly known as Hero, with his new family and a new life.
“He's happy and healthy and very much loved,” said Johnson.
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LAKE COUNTY – Authorities were searching the area of Lake Pillsbury and Hull Mountain on Thursday on the report of a man who had died near there.
California Highway Patrol incident logs from Wednesday evening reported a possible fatality near Lake Pillsbury.
A Spanish-speaking male told authorities his son had died in the area that morning and he had been walking all day in order to reach help.
Chief Deputy Russ Perdock of the Lake County Sheriff's Office said Thursday that agency was investigating the case.
“We a report there could be a person who passed away in the Hull Mountain area,”
Perdock said.
“We have been up there all day and so far have been unable to locate a person,” Perdock added.”
Perdock said LCSO was using a helicopter to search the area, which would require the search to be suspended after dark.
The investigation is scheduled to continue, he said.
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UPPER LAKE – Upper Lake’s community members got the chance Thursday to let county officials know the issues that matter the most to them, and also to hear the status of several town projects.
Supervisor Denise Rushing hosted the third in a series of town hall meetings in her district on Thursday at the Upper Lake High School cafeteria. Previous meetings took place in Clearlake Oaks in January and Lucerne in February.
Between 50 and 60 people attended the hour-and-a-half-long meeting, which included updates from county officials and an open forum where community members asked questions and, in many cases, got answers.
Deputy Redevelopment Eric Seely gave those gathered a report on the $2 million Main Street Gateway Project. Based on private investment made in Upper Lake’s downtown, the county decided to invest in the project, Seely explained, which is the “single largest project the Redevelopment Agency has taken on,” he said.
The plan will include an archway in downtown, extending and upgrading sidewalks, improving drainage, and installing light poles, trees and bulbouts. Bulbouts help narrow the street at intersections and slow traffic, said Seely.
Before the project can begin, said Seely, utilities lines must be placed underground. Pacific Gas & Electric has told the county that they will start that process in late fall, so the downtown project is scheduled to begin next spring.
County Administrative Officer Kelly Cox, who followed Seely at the microphone, said the county believes strongly enough in Upper Lake and preserving its unique character that it dedicated $2 million in county funds – not grant monies – to the downtown project.
Cox said there are many other redevelopment projects under way around the county, but that the county is dedicated to doing this major project first, all at once.
In other county projects, Cox reported that the Old Justice Court building recently got a face lift from county workers, and the building is being used by Senior Support Services. The old county road yard, he said, is now occupied by the County Parks Division, which is renovating it to look similar to the historic downtown livery stable. The county plans to have the Upper Lake Library building re-stuccoed, he said, and a new sign installed.
The county is pursuing a downtown revitalization grant, Cox said, and has hired a consultant who will identify the town’s critical historical components, recommend initial improvements to improve and preserve the town’s look, and create preliminary designs and cost estimates.
Cox said the county is looking into installing a town clock, similar to one that is reported to have once existed near the town’s bank.
He commended Rushing for having the town halls, which Cox said have helped the county gather a lot of good community feedback. He said he’s enjoying working with her. “She’s definitely representing your interests,” he added.
A major point of concern for citizens at the meeting is flooding. It was a topic of numerous questions during the open forum, and Pam Francis, deputy director of the county's Water Resources Division, attended the meeting to discuss those concerns and and some of the county’s efforts to reduce flooding.
Upper Lake, said Francis, sits in a hydrological bowl. “Flooding has been a historical problem here,” she said.
In 1959, the state, county and the Army Corps of Engineers built the area’s 14.4 miles of levees to keep flooding at bay, Francis said.
So, why did Upper Lake flood on Dec. 31, 2005? “We had an extraordinary flood event,” Francis explained.
County officials estimate that the December 2005 flood was a “250-year event,” Francis said, which means that each year there is a 2.5 percent chance of such a flood occurring.
Did the levees work? Francis believes they did, because the last flood in the town before 2005 was in 1958.
Francis said there is no way to completely control flooding. However, the county is continuing its efforts to keep flooding at a minimum, including cleaning out the creeks and levees.
In that process, she said, the community has been very helpful, with the county getting 100-percent compliance from every property owner when it came to getting access for cleanups.
A county project is under way that includes removing gravel and brush from the creeks, she said. Another phase of that project will continue this summer.
“I think we’re doing everything we can to mitigate flooding. We’ll never be able to prevent it,” she said.
The county is working on a new long-term permit through the Department of Fish and Game, which Francis said will allow them to conduct levee and creek maintenance more quickly.
During the open question and answer session, Francis also gave a brief update on the Middle Creek Restoration Project, saying it's moving forward and that the county is pursuing funding. They county doesn't have the engineering data to back it up, but Francis believes that project will help reduce flooding as well.
Other issues residents wanted the county to look at included the speed limit along certain roads in and around town and suggestions that the town needs a swimming pool.
Asked about the casino proposed by the Habematolel Pomo of Upper Lake, Cox said the county is working with the tribe on dealing with the casino's potential impacts, and they've formed a memorandum of understanding.
“I feel very positive about this agreement,” said Cox, saying the tribe has been very up-front with the county.
Sherry Bridges, a tribal official who attended the meeting, said the tribe plans to hold similar town hall meetings to discuss their plans and progress.
A town hall is planned for the Blue Lakes community in the future, Rushing said.
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