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- Written by: Elizabeth Larson
LAKEPORT, Calif. – Testimony in the trial of two young men who are alleged to have shot to death a 4-year-old child and wounded five others continued on Wednesday, with the witnesses describing events that led up to the deadly incident.
Paul William Braden, 22, and Orlando Joseph Lopez, 24, stand accused of shooting into a crowd of people at a gathering at the Lakeshore Drive home in Clearlake of Ross Sparks and Desiree Kirby on the night of June 18, 2011.
The shooting killed Kirby’s son, Skyler Rapp, and left her with wounds that resulted in permanent disabilities.
Also wounded in the shooting were Ross Sparks, his brother Andrew Sparks, and friends Ian Griffith and Joseph Armijo.
Braden and Lopez each face the possibility of multiple life sentences if they’re convicted.
Judge Doris Shockley of Yolo County is presiding over the proceedings, which so far have moved slowly, partly resulting from the lengthy jury selection process – which started at the end of January – to impanel two juries, one for Braden and one for Lopez.
Testimony began at the end of last month, but that, too, has moved slowly because of delays related to complex procedural issues, court furlough days, holidays and the illness earlier this month of Lopez’s defense attorney, Stephen Carter. Attorney Doug Rhoades is representing Braden.
By day’s end on Wednesday, the fourth prosecution witness – Anthony Gaston – had just taken the stand.
Those who have testified so far include Janet Leonor, at whose Clearlake home Braden and Lopez were reported to have been in the afternoon and evening hours of June 18, 2011, before the shooting; her great-granddaughter, Ashli Athas, who lived with Leonor along with then-boyfriend Leonardo Lopez, Orlando Lopez’s younger brother; and Dennis Fry, Gaston’s younger brother, who was at Leonor’s the afternoon preceding the shooting.
‘Ave Boyz’ take the stand
Testimony, which resumed Wednesday afternoon, saw Fry on the stand.
Fry, 18, is a member of the “Avenue Boys” – or “Ave Boyz” – as is Gaston, his brother. While both stated on the stand that the group is just composed of “friends,” the group has actually been suggested to have gang connections, according to testimony in the case’s October preliminary hearing.
Last June 9, at Athas’ adult school graduation at Lower Lake High School, Fry and Josh Gamble – Ross Sparks’ cousin – got into a fight following the ceremony.
District Attorney Don Anderson has alleged that the June 9 fight and the surrounding tensions between Sparks’ friends and family and friends of Lopez and Braden ultimately led to the fatal shooting, the worst in the city’s history.
Earlier in the proceedings, Athas had testified to seeing Braden and Lopez disappear for a short time during the party on June 18, 2011, later reappearing with Braden holding a shotgun wrapped in a sweatshirt.
She said he sawed the butt of the shotgun off in her grandmother’s garage and then played with the gun, allegedly telling others at the party that he was bored and wanted to go and shoot someone.
On Wednesday Fry appeared to corroborate some of Athas’ statements, saying he also had seen Braden carrying something that looked like a wrapped up shotgun.
Braden – who Fry also saw raising his voice and looking angry during a phone call while at the party – was the only person Fry saw with a firearm that night.
After seeing Braden carrying the gun, Fry said he felt uneasy and left the party a short time later.
When Fry was preparing to leave he said he saw Braden in the garage, with the shotgun in a vice, sawing the butt. He said Lopez was standing behind Braden.
Fry went home and had dinner, and found out about the shooting later that night in posts by friends on Facebook. The social media platform exploded with posts about the shooting that night and in the following days.
Describing graduation fight
Of his altercation with Gamble, Fry said the two have known each other since they were about 12 years old, and there has been “bad blood” between them more recently. They had arguments but never physically fought before the graduation incident.
Among the group of friends Fry testified to being with at that graduation were Leonardo and Orlando Lopez.
Fry said Gamble accused him of stepping on his shoe, which he didn’t believe he did.
When he got outside of the ceremony, Fry said Gamble and Armijo were waiting for him, their shirts off, wanting to fight.
Fry said he told them he couldn’t fight due to having a split tendon in his right middle finger, and injury he still has.
During questioning by Carter, Fry denied that the Ave Boyz were involved in criminal conduct, either individually or as a group. He also denied they wear red as their color, and that they didn’t take part in the “Ave Boyz” graffiti that has been seen around Clearlake.
Both Fry and Gaston would tell the court that the name “Ave Boyz” was a name given to them – they didn’t know by who. Gaston said the name began around January 2011, and later the group did adopt it.
“It was just a name that was given to us. We all lived in the avenues,” the 21-year-old Gaston said.
Also on Wednesday, Anderson filed a disclosure with the court regarding the potential criminal history of 17 of the witnesses set to testify in the case, including Fry, who was convicted in 2010 of a battery with serious bodily injury, according to the filing.
Testimony continues Thursday morning at 9 a.m.
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- Written by: Jonathan Crooks
LAKE COUNTY, Calif. – Several local leaders pitched in on Wednesday to emphasize the importance of Meals on Wheels programs around the county.
“Mayors for Meals” is a nationwide effort to raise awareness of the vital programs local senior centers provide to seniors in the community.
It provided an opportunity for local elected officials to see how the centers operate and take part in the delivery of Meals on Wheels.
Clearlake Mayor Joey Luiz helped prepare, pack and deliver Meals on Wheels with the Highlands Senior Center in Clearlake.
Lakeport Mayor Stacey Mattina came to the Lakeport Senior Center and went with Meals on Wheels Coordinator Sarah Tansey to deliver meals to some local seniors.
Supervisor Jim Comstock helped the Middletown staff prepare and deliver food as well.
The staffs of each center were excited to demonstrate what they do, and how important a role they play in hundreds of lives within the county.
The senior centers and their programs are severely underfunded. Only by the efforts of hundreds of volunteers, and a generous community of individuals and businesses offering both financial and in-kind support are the centers able to continue.
Anyone interested in volunteering, or offering financial support should contact their local senior center at the following phone numbers, or by stopping by Middletown, 707-987-3113; Highlands Senior Center in Clearlake, 707-994-3051; Live Oak Senior Center in Clearlake Oaks, 707-998-1950; Lucerne, 707-274-8779; and Lakeport, 707-263-4218.
Jonathan Crooks is executive director of the Lakeport Senior Center in Lakeport, Calif.
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- Written by: Lake County News reports
LAKE COUNTY, Calif. – Five top spellers from local elementary and junior high schools will compete in the state spelling championships later this spring.
Daymion Martinez, a fifth grader at Lucerne Elementary, and Tyler Parrott, a sixth grade student from Cobb Mountain Elementary will compete in the 2012 California State Elementary School Spelling Championship on Saturday, April 21 at the San Joaquin County Office of Education in Stockton.
Asia Firebaugh, an eighth grader from Middletown Middle School; Jessia Osborne, an eighth grader from Pomo School in Clearlake; and Noelani Urquiza, also an eighth grader, from Terrace School in Lakeport will represent the county at this year’s California State Junior High Spelling Championship in San Rafael on Saturday, May 12.
The five spelling champions were each awarded a $25 gift certificate to Barnes & Noble.
The Lake County Junior High Spelling Bee for grades seventh and eighth was held at Upper Lake Middle School on Tuesday, March 13.
“Super Spellers” who participated in the competition include: Angelina Acosta, Burns Valley School; Kristen Celli, Burns Valley School; Asia Firebaugh, Middletown Middle School; Paul Johnson, East Lake School; Elisa Kim, Middletown Middle School; Mackenzie Law, Lower Lake Elementary; Roberto Lozano, Mt Vista Middle School; Wroehnyn Milks, Lucerne Elementary; Kaylee O’Bryant, Upper Lake Middle School; Jessia Osborne, Pomo School; Sam Price, East Lake School; Giovanni Sanchez, Terrace School; Zach Sneathen, Upper Lake Middle School; Noelani Urquiza, Terrace School, Weeden Wetmore, Lower Lake Elementary; and Kaylie Williams, Mt Vista Middle School. Burns Valley School student, Charlie Burke, also qualified but was unable to participate in the competition.
A very special “thank you” goes to Principal Tony Loumena and the staff at Upper Lake Middle School for hosting the Spelling Bee.
Thank you to Principal Jill Falconer and staff at Terrace School in Lakeport for hosting the Lake County Elementary Spelling Bee on Tuesday, March 20.
In a heated competition between Lake County elementary students in grades fourth through sixth, Daymion Martinez and Tyler Parrott came out on top.
Spelling champs who also participated in the competition are: Sarah Alvior, Burns Valley; Rayven Baldwin-Riggs, East Lake; Hannah Barnett, Kelseyville Elementary; Meaghan Boykin, Terrace School; Allison Bryant, Kelseyville Elementary; Michael Comacho, Terrace; Allessandra Diaz, Coyote Valley Elementary; Helena Dougan, Lake County International Charter School; Reanne Egger, Minnie Cannon Elementary; Jason Gentle, Mt Vista Middle School; Blair Hayes, Upper Lake Elementary; Vanessa Hughes, East Lake; Cheyenne Justice, Coyote Valley; Sean MacDonell, Lake Co. International Charter; Rachel Mavy, Pomo School; Aiden McAdon, Mt Vista Middle School; Aleia Milano, Lower Lake Elementary; Leila Perez, Riviera Elementary; Tristin Tapia, Pomo School; Sara Vierra, Minnie Cannon; Lyndsay Wade, Upper Lake Elementary; Kaila Willard, Lucerne Elementary; and Madison Witt, Riviera Elementary.
Students who qualified but were unable to participate in the competition included: Maria Salazar, Lower Lake Elementary; Savannah Vanmeter, Burns Valley School; and Chloe Ziegler, Cobb Elementary.
The annual spelling competitions are coordinated by the Lake County Office of Education.
Master of ceremonies/spell master for both of the spelling bees was Stephanie Wayment, education specialist at Lake County Office of Education.
The judges for the competition were Robin Totorica, Jan Bailey, Tracy Skeen and Tim Gill, also from LCOE.
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- Written by: Lake County News reports
California Attorney General Kamala Harris on Wednesday announced that Walmart has agreed to pay $2.1 million for overcharging consumers in violation of a 2008 judgment against the retail chain.
The judgment is the result of Walmart's failure to comply with a 2008 judgment that required the retail chain to resolve errors in pricing at checkout stands, Harris' office reported.
“Consumers should feel confident that the price on the shelf will be the same price they are charged at the cash register,” said Harris. “Californians who shop at Walmart should know that they have the right to ask for the appropriate discount.”
In December 2005, the Attorney General's Office and the San Diego District Attorney's Office investigated allegations that Walmart stores in California were scanning items at a higher price than the prices advertised on store shelves and signs.
Through random price-checking, county departments of weights and measures across the state found that 164 Walmart stores in 30 counties had made scanning errors.
According to the terms of the 2008 judgment, consumers who were overcharged at the cash register should have immediately received $3 off the lowest advertised price of the item. If the price was less than $3, the item was to be given to the consumer for free.
Starting in November 2010, Departments of Weights and Measures in 11 counties conducted investigations to monitor Walmart's compliance and found continued errors in pricing at Walmart checkout stands.
On Wednesday, Attorney General Harris, San Diego District Attorney Bonnie Dumanis and San Diego City Attorney Jan Goldsmith filed a stipulated modified judgment with the San Diego Superior Court resolving Walmart's failure to comply with the requirements of the 2008 judgment.
The $3 off program was originally scheduled to end in November 2012, but with Wednesday's action has been extended to November 2013.
Walmart also will be required to put new, large signs describing the policy, in both English and Spanish, at each of the approximately 3,000 checkout stands at its 180 stores and super centers in California.
Walmart has agreed to designate a person at every Walmart store in California to ensure pricing accuracy.
Any price discrepancy must be reported within three hours to Walmart's corporate headquarters, which receives and maintains price audit information, consumer complaints and inspection reports for all California Walmart stores.
In addition, Walmart agreed to pay new penalties and costs totaling $2.1 million. These funds will be divided between county weights and measures officials, the California Department of Measurement Standards, the Attorney General's Office, the San Diego District Attorney's Office and the San Diego City Attorney's Office.