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- Written by: Lake County News reports
Twenty-five-year-old Joshua Jay Paulick was arrested on Oct. 8 and booked at the Lake County Jail on felony charges of discharging his weapon in a negligent manner, assault with a firearm and making criminal threats, according to Capt. James Bauman of the Lake County Sheriff's Office.
Bauman said Paulick also faces misdemeanor charges of false imprisonment and brandishing a firearm. Paulick posted a $15,000 bail the night following his arrest and was released.
At about 7:40 p.m. Oct. 8 the Lake County Sheriff's Dispatch received a call from Paulick who reported a vehicle and several subjects had trespassed on his property on Grange Road in Middletown and that he was detaining the men with a rifle, Bauman said.
Sheriff’s deputies arrived and found Paulick standing in the road in front of his property holding a rifle, according to Bauman.
Two other men, later identified as 21-year-old Trenton Reid and 47-year-old Lewis Reid, both of Clearlake Oaks, were parked nearby in their vehicle, Bauman said. Paulick surrendered his rifle without incident and deputies investigated.
Paulick told deputies that had been in the backyard of his property when he saw the Reids’ vehicle drive down Grange Road and stop near his property. Bauman said Paulick reported getting his rifle and going to confront the men as he allegedly thought they were trying to steal his marijuana.
According to the men in the car, however, they were on their way home from Santa Rosa and had to urinate so they pulled off of Highway 29 onto Grange Road to relieve themselves, Bauman reported.
All accounts indicated that when Paulick approached the men, he is alleged to have ordered them to stop and then fired one round from his rifle into the dirt. Bauman said Paulick is alleged to have ordered a third man, identified only as Thomas Rannie, to run away and Rannie ran into a nearby field.
As the two Reids tried to get back into their car, Paulick allegedly ran up to them, pointed the gun at the car and ordered Lewis Reid to give him the keys, Bauman said. Paulick then allegedly fired another shot down the road and apparently held them at gunpoint until deputies arrived.
While no one happened to be injured, Bauman said the incident serve as yet another public reminder of the potential dangers associated with the cultivation of marijuana, whether legally or illegally grown.
The sheriff’s office reminds people to show due caution when venturing onto unfamiliar or sparsely populated areas that may be host to marijuana grow. Bauman said it is not uncommon for growers to resort to the use of firearms to protect their crop and the end result may not always be as fortunate as last Friday’s incident.
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Arrested were Diana Elliott, 35; Orval Elliott, 48; and Vernon Abella, 51, according to California Department of Justice, Bureau of Gambling Control Special Agent in Charge Alan Hatano.
In June the specially commissioned Bureau of Indian Affairs officers employed by the Hopland Police Department requested assistance from the California Department of Justice, Bureau of Gambling Control, according to a report from Hatano and Hopland Police Chief Brett Rhodes.
The two agencies reported working together to conduct surveillance at Hopland Sho-Ka-Wah Casino, where they identified drug dealers selling methamphetamine at the casino.
During July, August and September, an undercover Bureau of Gambling Control agent purchased methamphetamine from the suspected drug dealers on the casino property. Hopland Police and the state agents conducted surveillance during the transactions and identified a possible source of supply.
On Tuesday, the agents and officers – assisted by the Mendocino Major Crimes Task Force – arrested the suspects and executed two search warrants at 3401 Shanel Road and 3406 Shanel Road, both located on tribal property in Hopland California.
The agencies reported that the search warrants resulted in the seizure of additional items of evidence indicating drug sales; however they did not locate any additional methamphetamine.
Diana Elliott was arrested at the casino after she attempted to deliver a small quantity of methamphetamine to the undercover state agent. Officials said she also was arrested for her involvement in several prior sales of methamphetamine to the undercover agent.
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Orval Elliott was arrested while walking to the casino for one previous sale of methamphetamine to the undercover agent and for conspiracy.
Vernon Abella also was arrested while walking to the casino on charges of two previous sales of methamphetamine to the undercover agent and conspiracy.
All three suspects were booked into the Mendocino County Jail.
Bureau of Gambling Control agents will conduct further investigation to identify any additional suspects, Hatano reported.
Prior to this case, Hatano said the agency's most recent investigation at the casino was a fraud case over the summer that resulted in several arrests, as Lake County News has reported.
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California-based U.S. Ninth Circuit District Court Judge Virginia A. Phillips issued the injunction.
Her ruling stops the Department of Defense “from enforcing or applying the ‘Don’t Ask, Don’t Tell’ Act and implementing regulations, against any person under their jurisdiction or command.”
Phillips also ordered the Department of Defense “immediately to suspend and discontinue any investigation, or discharge, separation or other proceeding, that may have been commenced under the ‘Don’t Ask, Don’t Tell’ Act.”
“We have just learned of this ruling,” said Pentagon spokeswoman Cynthia Smith. “We are now studying it and we will be in consultation with the Department of Justice.”
The case that won the injunction, Log Cabin Republicans vs. United States of America, was originally filed in 2004.
Last month Phillips had ruled after a two-week trial in the case that “Don’t Ask, Don’t Tell” was unconstitutional on First and Fifth Amendment grounds.
At that time Phillips also reportedly indicated her intent to issue an injunction barring further discharges in light of that finding.
Servicemembers United, the nation's largest organization of gay and lesbian troops and veterans, celebrated the decision.
“This order from Judge Phillips is another historic and courageous step in the right direction, a step that Congress has been noticeably slow in taking,” said Alexander Nicholson, executive director of Servicemembers United and the sole named veteran plaintiff in the case along with the Log Cabin Republicans.
However, Nicholson added, “While this is certainly news to be celebrated, we would also advise caution in advance of a potential stay from the Ninth Circuit.
“If the appellate court wishes to put itself on the right side of history, however, it will allow this sound and long-over due decision to remain in effect,” Nicholson said.
A signed copy of the three-page injunction can be found at www.ServicemembersUnited.org/injunction.
The full text of the ruling follows.
United States District Court Central District of California
LOG CABIN REPUBLICANS, a nonprofit corporation,
Plaintiff,
v.
UNITED STATES OF AMERICA and ROBERT M. GATES,
SECRETARY OF DEFENSE, in his official capacity,
Defendants.
Case No. CV 04-08425-VAP (Ex)
JUDGMENT AND PERMANENT INJUNCTION
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
This action was tried by Judge Virginia A. Phillips without a jury on July 13-16 and 20-23, 2010. The Court filed a Memorandum Opinion on September 9, 2010 (Doc. 232), and an Amended & Final Memorandum Opinion, and Findings of Fact and Conclusions of Law, on October 8, 2010. For all the reasons set forth therein, the Court:
(1) DECLARES that the act known as "Don't Ask, Don't Tell"* infringes the fundamental rights of United States servicemembers and prospective servicemembers and violates (a) the substantive due process rights guaranteed under the Fifth Amendment to the United States Constitution, and (b) the rights to freedom of speech and to petition the Government for redress of grievances guaranteed by the First Amendment to the United States Constitution.
(2) PERMANENTLY ENJOINS Defendants United States of America and the Secretary of Defense, their agents, servants, officers, employees, and attorneys, and all persons acting in participation or concert with them or under their direction or command, from enforcing or applying the "Don't Ask, Don't Tell" Act and implementing regulations, against any person under their jurisdiction or command;
(3) ORDERS Defendants United States of America and the Secretary of Defense immediately to suspend and discontinue any investigation, or discharge, separation, or other proceeding, that may have been commenced under the "Don't Ask, Don't Tell" Act, or pursuant to 10 U.S.C. § 654 or its implementing regulations, on or prior to the date of this Judgment.
(4) GRANTS Plaintiff Log Cabin Republicans' request to apply for attorneys' fees pursuant to the Equal Access to Justice Act, 28 U.S.C. §2412; and
(5) GRANTS Plaintiff Log Cabin Republicans' request to file a motion for costs of suit, to the extent allowed by law.
IT IS SO ORDERED.
Dated: October 12, 2010
VIRGINIA A. PHILLIPS
United States District Judge
*Codified in statute at 10 U.S.C. § 654 and implemented by regulations comprising Department of Defense Directives 1332.14 (1993), 1332.30 (1997), and 1304.26 (1993), as modified by Department of Defense Instructions 1332.14 (2008) (incorporating March 29, 2010 changes) and 1332.30 (2008) (incorporating March 29, 2010 changes).
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- Written by: Elizabeth Larson
UPPER LAKE, Calif. – A young woman and a toddler escaped injury Monday night when the vehicle in which they were riding went off the highway and down an embankment.
The crash occurred at around 7:15 p.m. Monday on Highway 29 between Highway 20 and Mockingbird Lane, according to the California Highway Patrol.
The driver told officials at the scene that she swerved to avoid a deer, which resulted in her two-door Pontiac Sunfire going off the roadway and 250 feet off the roadway, coming to rest about 35 feet below Highway 20.
The car didn't overturn and missed a tree before a fence post punctured its oil pan, officials reported.
Both airbags deployed and the 16-month-old child, riding in a safety seat in the rear of the car, was kept safe.
The woman and child were reportedly transported from the scene by a family member. Neither were hurt, the CHP reported.
One engine, a medic unit and Battalion Chief Ken Petz from Northshore Fire responded to the scene, along with the CHP.
Firefighters worked to salvage the driver's license, registration and other personal items before A1 Towing came to remove the vehicle from the scene.
Additional information about the driver and the child was not available late Monday.
Another crash that occurred about a half hour later near Middletown also involved a vehicle going off Highway 29, this time an SUV that rolled over while going into a ravine, the CHP reported.
The two people in the SUV were able to get out. The CHP reported they had minor injuries.
Gary McAuley contributed to this report.
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