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News

Mistrial motions denied, closing arguments to begin Thursday in Braden and Lopez trial

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Written by: Elizabeth Larson
Published: 13 June 2012

LAKEPORT, Calif. – On Wednesday a judge denied mistrial motions in the trial of two Clearlake Oaks men accused of a June 2011 shooting that killed a child and wounded five others, clearing the way for closing arguments to begin Thursday morning.

After three and a half months of testimony, the trial of Paul William Braden, 22, and Orlando Joseph Lopez, 24, is entering its final phases.

On Wednesday afternoon, visiting Yolo County Judge Doris Shockley turned down defense motions for mistrial, according to District Attorney Don Anderson.

With the motions now addressed, closing arguments will begin on Thursday, Anderson said.

Because Lopez and Braden have separate juries, Lopez's closing arguments will be held first on Thursday, with his jury to expected to get the case on Friday, Anderson said.

Braden's closing arguments are scheduled for Friday, and Anderson said Braden's jury should begin deliberations early next week.

Anderson said Shockley wants the closing arguments to last no more than a day for each of the defendants.

Next Monday marks the one-year anniversary of the shooting for which Braden and Lopez are on trial, which took place on the night of Saturday, June 18, 2011, on Lakeshore Drive in Clearlake.

Shortly before 11 p.m. on that date shotgun fire was aimed into a crowd of friends and family members at the home of Desiree Kirby and her boyfriend, Ross Sparks.

Kirby's young son, 4-year-old Skyler Rapp, was killed, and Kirby herself was wounded and left with permanent, life-changing injuries.

Sparks and his brother, Andrew, also were wounded, as were Joseph Armijo and Ian Griffith.

The shooting claimed the most victims of any shooting incident in Clearlake's history, according to the Clearlake Police Department.

Braden and Lopez each are facing 15 counts – with charges ranging from murder to mayhem, attempted murder and assault with a deadly weapon – and numerous special allegations including use of firearms and great bodily injury.

If convicted of all charges, Braden and Lopez would receive lifelong prison terms.

On Wednesday Shockley denied a motion to dismiss one of the mayhem counts, Anderson said.

Additionally, Shockley, Anderson and the defense attorneys – Stephen Carter on behalf of Lopez and Doug Rhoades on behalf of Braden – worked on jury instructions on Wednesday, Anderson said.

Shockley also denied a defense motion to strike the testimony given late last month by Kevin Ray Stone, 30, a former codefendant in the case, Anderson said.

Last fall – just after the preliminary hearing in which Stone was ordered to stand trial on the same charges with Lopez and Braden – Stone reached an agreement with the District Attorney's Office to plead no contest to lesser charges of conspiracy to commit robbery, accessory to murder and possession of a .22-caliber rifle by a prohibited person. He's facing just over 10 years in prison.

Carter and Rhoades have worked to punch holes in Anderson's case, with Carter emphasizing that the testimony – including that of Stone – did not have Lopez actually shooting a gun at the crowd.

Stone said on the stand in May that he and Lopez had watched as Braden did the shooting, using a shotgun that other witnesses claimed he sawed the handle off of earlier that night.

Rhoades has maintained in his defense of Braden that no one – other than Lopez and Stone – can put Braden at the scene of the crime.

Rhoades also has questioned the testimony of key prosecution witnesses such as Ashli Athas – the former girlfriend of Lopez's younger brother, Leonardo – who claimed she saw Braden at her home that night with the shotgun.

Athas admitted on the stand that initially she had lied to police and told them she hadn't seen Braden because she was afraid for her safety.

The trial has been a long, slow process, made more complicated by each defendant having his own jury.

The proceedings have encountered numerous delays due to issues including complex legal procedures, court furlough days and holidays, and juror absences arising from illness or family matters.

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

Two injury crashes occur Wednesday in Clearlake

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Written by: Elizabeth Larson
Published: 13 June 2012

CLEARLAKE, Calif. – Two collisions involving injuries occurred on Wednesday in Clearlake along Old Highway 53.

One crash occurred shortly before 9 a.m. and the other just after 12:15 p.m., according to Clearlake Police Sgt. Rodd Joseph.

The first crash, to which officers were dispatched at 8:52 a.m., took place in the 3600 block of Old Highway 53, Joseph said.

Two female drivers – one driving a white BMW headed southbound, the other in a white Mercury Tracer heading northbound – collided head on, according to Joseph.

“We believe that the BMW may have crossed over the double-yellow lines,” Joseph explained.

The BMW's driver was transported by Lake County Fire Protection District ambulance to St. Helena Hospital Clearlake, Joseph said.

The Mercury's driver suffered significant head and chest injuries and was transported out of county by a REACH air ambulance. Joseph said police believed she was taken to Santa Rosa Memorial Hospital for treatment.

Old Highway 53 between Austin and Olympic was shut down for about an hour following the crash, Joseph said. Both vehicles had to be towed from the scene.

Joseph said the second crash, involving a bicycle and a vehicle, was reported at approximately 12:16 p.m. in front of the Clearlake Apartments at 7145 Old Highway 53.

An 18-year-old male bicyclist was traveling eastbound on the south sidewalk, right in front of the apartment complex, when an elderly male driver who has heading westbound made a left turn into the complex, Joseph said.

“They collided right in the driveway,” said Joseph.

The bicyclist was transported to St. Helena Hospital Clearlake via ambulance, complaining of pain to his arms and legs, Joseph said. The vehicle's driver was uninjured.

“We haven't determined fault on that yet,” Joseph said of the incident.

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

USDA, DOI, FEMA provide firefighters, aircraft, grants to support local partners combating fires

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Written by: Lake County News reports
Published: 13 June 2012

Federal partners are working closely with first responders and firefighters from local, state and tribal agencies to combat and monitor wildfires in Arizona, California, Colorado, New Mexico, Utah, Wyoming as well as other states.

Through the National Interagency Fire Center, which coordinates resources from the US Forest Service, Department of the Interior and other federal agencies, firefighters, incident management teams, airtankers, helicopters, fire engines and other resources are being provided to supplement state and local resources as teams continue to respond to fires across the West.

As of Tuesday, there were 19 active large fires burning in nine states, including one of the largest wildfire in New Mexico history and one of the largest wildfires in Colorado history.

To help fight these damaging fires, federal agencies have made approximately 4,500 firefighters available to aid in efforts to suppress and contain the fires.

On Monday, the Forest Service announced the agency has mobilized eight additional aircraft to its firefighting fleet to ensure that an adequate number of airtankers are available for wildland firefighting efforts.

With these additional airtankers, the Forest Service has 16 large airtankers and one very large airtanker available immediately for wildfire suppression.

The Forest Service has the capability to mobilize an additional 11 large airtankers, should circumstances require it.

Additionally, the Forest Service and the Department of the Interior fire agencies can mobilize hundreds of helicopters and dozens of smaller aircraft, called “single-engine airtankers.”

To ensure states have the financial support they need, FEMA has provided Fire Management Assistance Grants to states with active large fires. These grants help cover eligible costs, on a 75 percent cost share basis, and can reimburse state and local costs associated with personnel and equipment used to combat fires.

On Saturday June 9, FEMA authorized the use of federal funds, through the Fire Management Assistance Grant Program (FMAG), to help with eligible firefighting costs for the High Park Fire located in Larimer County, Colorado and the Little Bear Fire located in Lincoln County, New Mexico. On May 26, an FMAG was approved for the Whitewater-Baldy Complex fire located in New Mexico.

While extremely serious fires are burning in several states, to date the season has been below average, meaning that additional resources remain available should they be necessary.

“We continue to support our state, local, and tribal partners as they work to contain and suppress the wildfires burning in the West,” said Secretary of Agriculture Tom Vilsack. “Our fire managers are bringing extensive resources to bear to respond vigorously to those wildfires threatening lives, communities, and cultural and natural resources, and we stand ready to provide additional eligible resources as necessary.”

“We’re bringing the full range of our federal, tribal, state, local and non-governmental resources together to manage these wildland fires and reduce risk to communities,” said Secretary of the Interior Ken Salazar. “We remain vigilant and continue to do all we can to ensure the safety of all firefighters in this challenging wildlife season.”

“FEMA continues to closely monitor the fires in several southwestern states, and is providing financial support through our Fire Management Assistance Grant program to assist efforts, led by firefighters, public safety officers, and emergency personnel, to fight and mitigate the volatile wildfire conditions,” said Secretary of Homeland Security Janet Napolitano.

On average the USDA Forest Service and the Department of the Interior bureaus respond to more than 20,000 wildfires per year.

Federal firefighters, aircraft and ground equipment are strategically assigned to parts of the country as the fire season shifts across the nation.

Firefighting experts will continuously monitor conditions and move these assets as necessary to be best positioned and increase initial attack capabilities.

In addition, federal agencies are conducting accelerated restoration activities nationwide that will result in healthier forests and will lessen fire risks in years to come.

Federal land managers are also helping communities prepare for wildfire. Federal partnerships with tribal, state and local agencies strengthen preparedness programs, such as Firewise , http://www.firewise.org/ , and Ready Set Go!, http://www.iafc.org/readySetGo, that help families and communities prepare for and survive wildfire.

You also can visit FEMA’s Ready.gov at www.ready.gov to learn more about steps you and your family can take now to be prepared for an emergency.

Lake County Fair entry system now open; entry deadline set for Aug. 8

Details
Written by: Lake County News reports
Published: 12 June 2012

LAKEPORT, Calif. – Just about anything you can make or grow at home is eligible for entry into competition at the annual Lake County Fair.

The contest entry system is available now at www.lakecountyfair.com , with a final deadline of Wednesday, Aug. 8.

New contest categories are available for fly tying, wine barrel creations, recipes, decorative gourds, and decorated gift boxes, while several contest areas added in 2011 will also return, including the salad in a wheel barrow contest, new categories for honey and olive oil, and a number of new classifications of flowers.

All together, nearly three thousand competitive classes are offered, with prize money available in nearly all of them.

Exhibitor Contest Handbooks are available starting the middle of June in a variety of locations around Lake County, including the Greater Lakeport Chamber of Commerce, the 4-H office, senior centers, the Farm Bureau office, Kelseyville Drug, Rainbow Ag, Hardester's Markets, Middletown Feed, Lakeshore Feed, Riviera Foods, the Clearlake Chamber of Commerce, Pet Acres and the Redwood Empire Fair.

Lake County Fair contest entry forms must be filled out on the Internet. Contestants can access the forms from any computer with Internet access at the fair's Web site, www.lakecountyfair.com .

A high speed Internet connect is required. Computers are available in a variety of places, including schools, libraries and the fairgrounds office. Fairgrounds staff will be happy to assist contestants who visit the fairgrounds office during regular business hours.

Contestants are well advised to avoid the last minute rush and get their entries completed early.
 
One of Lake County's favorite summertime events, Lake County Fair is enjoyed by nearly 40,000 people each year, making it the largest single event in the county.

Lake County Fair features a variety of entertainment, food, exhibits, a carnival, and livestock shows, and traditionally occurs Labor Day weekend each year at the fairgrounds in Lakeport.

The 2012 fair dates are Thursday, Aug. 30, through Sunday, Sept. 2.
 
The Lake County Fair Board has chosen "Summer's Biggest Blast!" for the theme of the 2012 Fair.
 
The fair will continue its unwritten policy supporting local talent for 2012, and will feature many bands from the local area.

In addition, the Lake County Fair Talent Competition will take place on Saturday, Aug. 2, on the main stage.

Visitors also can take part in many impromptu talent opportunities, including a paddle ball contest, squirt gun contest, bubble gum blowing contest, hula hoop contest, fruit sculpture contest, and water balloon toss, all activities which will occur during the 2012 event.
 
A new low cost ticket promotion will debut in 2012, thanks to a partnership with Lake County Can. Visitors to Lake County Fair on Friday, Aug. 31, will receive free admission between the hours of four pm and seven pm if they donate four cans of food.

All food collected will be used to replenish food pantry operations in Lake County.
 
For more information about the Lake County Fair, residents can check www.lakecountyfair.com for regular updates, "like" the Lake County Fair's Facebook page, or call 707-263-6181.

  1. Native Youth Olympics takes place June 29
  2. South Lake County Fire plans silent auction June 15
  3. U.S. Forest Service adds additional aircraft to wildland firefighting inventory
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