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- Written by: Elizabeth Larson
Judge Andrew Blum handed down the decision in the case 22-year-old Mavrick William Fisher in a Friday hearing in Lakeport.
District Attorney Susan Krones, who personally prosecuted the case, had wanted to pursue the retrial, but that ended with Blum’s decision.
“Mr. Fisher is very relieved that there won’t be a retrial,” said Fisher’s defense attorney, Tom Feimer. “I think it was a very well thought out decision.”
A jury convicted Fisher last month of involuntary manslaughter in the death of 25-year-old Grant David Whitaker of Mackinaw, Illinois, on Aug. 20, 2019. The jury also convicted Fisher of taking a vehicle – which Whitaker’s grandmother had loaned her grandson for the trip – without permission.
The jury found Fisher not guilty of murder and hung on charges of voluntary manslaughter and assault with a deadly weapon with a special allegation of great bodily injury or death.
The two young men, both deaf, had been traveling the West Coast together when they were involved in a disagreement that resulted in a physical confrontation while they were camping at Richardson Grove State Park in Humboldt County.
Fisher brought Whitaker’s body to Lake County, disposing of it on a ranch in the Scotts Valley area, before fleeing to Mexico, where he was taken into custody days after Whitaker’s death.
Fisher was extradited back to Lake County, where he’s remained in custody since his arrest. His trial proceedings were transferred to Lake County because Whitaker’s body was located here.
On Friday, Krones, Fisher and Feimer returned to court for an appearance before Judge Blum, who presided over the trial and made the determination that a retrial should not go forward.
Based on his research, Blum concluded that Krones could not retry Fisher for voluntary manslaughter based on the issue of “collateral estoppel,” a legal doctrine preventing relitigation of an issue.
In Fisher’s case, Blum concluded that the law does not allow for conviction of both voluntary and involuntary manslaughter.
Blum, under the authority granted to him in the state’s penal code, also dismissed the other charges the jury hung on in its November decision – assault with a deadly weapon and the special allegation of great bodily injury or death – in the interest of justice.
In explaining his reasoning, Blum said he believed it was unlikely that a retrial would lead to a conviction. He pointed out that in a normal case, where there is a killing inside of a building, there is forensic evidence to show where a victim was and how the assault took place.
“In this case, because the tent where this happened was packed up, there was no way to tell exactly where the victim was when he was hit,” Krones told Lake County News.
“The evidence was destroyed,” she added.
During the trial, Fisher himself took the stand and “testified extensively about what happened,” said Feimer.
“At the end of the day, it’s my belief that Mr. Fisher provided the most essential evidence in this case,” Feimer said.
Based on the verdict, “The jury, for the most part, believed his account of events,” said Feimer.
“If you follow the prosecution’s theory, they would have likely convicted him of murder. And that’s not what they did,” Feimer said.
While juries might not know the ins and outs of the law as lawyers do, Feimer said it’s his experience that they are pretty good at seeing through someone if they’re not being real with them.
“He came across as authentic and honest and that played a big role, I believe, in their verdict,” Feimer said of Fisher.
Feimer added, “It was a very stressful and long ordeal for him to go through that trial. He and his family are happy that there won’t be another one.”
Now, the defense is preparing for the upcoming sentencing hearing, which will take place at 1:30 p.m. Dec. 21 in Blum’s courtroom.
At that time, they will hear victim impact statements. So far, Krones said her office has received 12 of them, which the judge will consider before handing down the sentence.
The Lake County Probation Department has submitted its sentencing recommendations, which Krones said will become a public document when the sentencing occurs.
Blum has all options available to him when it comes to sentencing, from a maximum of four years in prison to probation, Krones said.
To date, Krones said Fisher has served 485 days in custody and is eligible for half-time credits. If he receives the maximum four-year sentence, Krones said that based on her calculations Fisher would have another 245 days to serve. If he receives a three-year sentence, the time remaining to serve will be 64 days. At the lower, two-year term, he’s likely to be released with time served.
Feimer’s goal is to get Fisher the minimum sentencing possible. “He’s a fairly young man. He has no record,” Feimer said, adding that although the jury found that the killing was not entirely excusable, it was done for a reason and for self-defense.
All of those things are factors that need to be considered, Feimer said.
The case has generated continuing interest in the deaf community nationwide, with both the prosecution and defense noting the attention it’s received.
Krones called it “a very unusual case,” with both the victim and the accused being deaf.
“I don’t think I’ve ever had this volume of messages in any previous case that I have had,” said Krones.
“The messages that I’ve been getting overall are people that are upset with the verdict and they believe that it was murder,” she said, adding she also has received some messages from those who believe Fisher is innocent.
Once he’s completed his time, Feimer said Fisher wants to return to Nevada, which he considers his home.
Email Elizabeth Larson at
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- Written by: Lake County News reports
“We teach our students the power of adapting to our ever-changing world,” said Konocti Unified Superintendent Becky Salato, Ph.D. “So when the time came for us to live it, we didn’t back down.”
Over the next year, 10 sites, including eight schools, will be under construction. The program will relieve the district’s general fund, which had already been subject to escalating budget cuts and rising utility costs when the pandemic struck.
“Protecting everyone and improving indoor air quality as school resumes is a guiding force for us,” Salato continued. “They’re the central topics of our conversations when we talk about how we’re moving our schools forward. Health and safety is as much a non-negotiable as high-quality education.”
Many of Konocti’s classrooms and multipurpose rooms will be equipped with high-efficiency heating, ventilation and air conditioning, or HVAC, units, featuring MERV 13 filters. These filters capture tiny bacteria, virus, dust and smoke particles while the entire HVAC system delivers fresh outdoor air to classrooms.
The district will also use more than two dozen portable HEPA air filters for classrooms most impacted by the smoke.
Smart building controls as well as LED lighting on campuses for enhanced security, in classrooms and at Lower Lake High School’s football field are also on the docket.
Backup power generators will further separate dependence on its utility provider, Pacific Gas and Electric, and help Konocti Unified schools operate under potential power shutoff conditions, such as extreme dryness and high winds and temperatures.
Combined with renewable energy from new solar panels and a protective netting for the district’s existing solar arrays, the program pays for itself over time. About $19 million will be shaved off Konocti Unified’s budget over the next 30 years.
“This year has shown us that there’s no better time to be proactive than the present,” said Sue Burton, president of the Konocti Unified Board of Trustees. “Environmental changes, more budget cuts and even more terrible fires are threats to our region. We need technology and systems that empower us to adjust for them.”
The district’s partner, Climatec, is a Bosch-owned turnkey infrastructure renewal and sustainability solution provider. Climatec and district staff have been collaborating since March. After working together to define district priorities and goals, the pair secured funding through private and utility programs.
“With so many lessons learned, we’re slowly chipping away at our resilience. When the inevitable happens, we will be better prepared,” Burton said.
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- Written by: Tammy Brigham
LAKE COUNTY, Calif. – As too many families in Lake County know, the loss of a home and everything it contains to the ravages of wildfire is a devastating blow.
When Hector and Maria Rodriguez-Barajas lost their home to the Valley fire in 2015, they lost not only shelter for their family and all of their belongings, but also the comfort and security during the holidays that went with having those things.
For the next several years, the family bounced from one apartment to another as their family grew, making it difficult to settle back into the familiarity of routines, family traditions and camaraderie.
Christmas visits with relatives and friends were nice, but with the burden of not being settled into a stable home, the holiday spirit came at a price.
After months of hard work and partnership with Habitat for Humanity Lake County, Hector, Maria and their children are able to celebrate Christmas in a home of their own at last.
The house has been decorated thanks to the generous donations of others and their Christmas tree stands proudly as the cornerstone of the family’s first Christmas in their new home.
Due to the pandemic, they are unable to celebrate the holidays with family, but having a house to call home, where they can celebrate together without the fear of eviction, makes up for it.
“The kids are so excited they can hardly sleep,” Maria Rodriguez-Barajas said. “They are able to decorate inside and outside now, for the first time as a family, and are eager for Christmas to come. Watching my kids play outside for the first time, in a yard they never had before, is the most exciting thing for me since moving into this country. We might not have lots of gifts this year, but for the kids, they say the time with family, and having a home now, makes them grateful.”
Habitat for Humanity Lake County is in urgent need of donations to continue providing homeownership opportunities to qualified families like the Rodriguez-Barajas family.
Donations can be mailed to Habitat for Humanity Lake County, P.O. Box 1830, Lower Lake, CA 95457.
To donate property, please contact the office at 707-994-1100 with the address and APN number and someone will get back to you as quickly as possible.
Tammy Brigham works for Habitat for Humanity Lake County.
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- Written by: Elizabeth Larson
The meeting will begin at 9 a.m. Tuesday, Dec. 15.
The supervisors will meet in the board chambers on the first floor of the Lake County Courthouse, 255 N. Forbes St., Lakeport, for a hybrid meeting format which also will include the opportunity for community members to continue to participate virtually.
The meeting can be watched live on Channel 8, online at https://countyoflake.legistar.com/Calendar.aspx and on the county’s Facebook page. Accompanying board documents, the agenda and archived board meeting videos also are available at that link.
To participate in real-time, join the Zoom meeting by clicking this link at 9 a.m. The meeting ID is 968 5229 1359, password 439154.
To submit a written comment on any agenda item please visit https://countyoflake.legistar.com/Calendar.aspx and click on the eComment feature linked to the meeting date. If a comment is submitted after the meeting begins, it may not be read during the meeting but will become a part of the record.
At 9:30 a.m., the board will discuss approving the formation of the Lake County Small Business COVID Recovery Team and appoint Supervisor Eddie Crandell and Supervisor Bruno Sabatier to fill the county seats on the team.
The committee will include two members of the Board of Supervisors, one member from each of the two cities, one member from the Lake County Economic Development Corp. and two members who represent local business associations.
“The purpose of the committee will be to work collaboratively to secure all possible funding available for Lake County businesses resulting from Governor Newsom's newly announced $500 million dollar Small Business Relief Grant, which is pending development and administration by the California Office of the Small Business Advocate (OSBA), as well as any and all future COVID relief efforts intended to support local small businesses,” Sabatier wrote in his memo to the board.
He said the committee will hold public meetings subject to the Brown Act and will be staffed by the Lake County Administrative Office.
In an item timed for 10 a.m., the board will get an update on the COVID-19 situation from Public Health Officer Dr. Gary Pace.
In an untimed item, Community Development Director Scott De Leon will ask the board to consider options for allowing a cannabis cultivation project, as part of a larger manufacturing and processing operation, at the site of the former Adobe Creek Packing plant at 4820 Loasa Drive in Kelseyville.
De Leon’s report explains that the project has hit a snag due to the cultivation of cannabis currently not being allowed within 1,000 feet of a community growth boundary. “Staff has been unable to find a solution to this conflict, and the Owner is not willing to move forward with the project without the cultivation component,” De Leon wrote.
De Leon is suggesting possible solutions including the adoption of a zoning ordinance text amendment modeled on one approved in Mendocino County for projects that previously were developed as agricultural packing and processing facilities, or a revision of the community growth boundary for Kelseyville.
Both of those options would require board action, De Leon said.
A third option, which doesn’t require board action, would be to make no change to the zoning ordinance or the community growth boundary. De Leon said that would limit the property development to whatever uses could be performed with a rezone to manufacturing.
The full agenda follows.
CONSENT AGENDA
5.1: Second reading, adopt ordinance amending Chapter 21 of Article 27 of the Lake County Code to correct the inadvertent omission of cannabis processing licenses in PDC zoning.
5.2: Second reading, adopt ordinance amending Chapter 21 of Articles 27 and 68 of the Lake County Code pertaining to commercial cannabis cultivation in proximity to Lake County important farmland.
5.3: Approve amendment to the temporary agency agreement.
5.4: Adopt resolution amending Resolution No. 2020-134 establishing position allocations for Fiscal Year 2020-21, Budget Unit No. 2603, Code Enforcement.
5.5: Adopt resolution to amend the budget for FY 2020-2021 by appropriating unanticipated revenue for Public Health Services and authorize the Health Services director to sign necessary documents to secure these funds.
5.6: Adopt proclamation recognizing the retirement of Cindy Silva-Brackett, supervising accountant, and honoring her many years of outstanding service to the county of Lake.
5.8: Approve the continuation of a local health emergency related to the 2019 Coronavirus (COVID-19) as proclaimed by the Lake County Public Health officer.
5.9: Approve the continuation of resolution ratifying the declaration of local health emergency and order prohibiting the endangerment of the community through the unsafe removal, transport and disposal of fire debris for the LNU Complex wildfire.
5.10: Approve the continuation of a local emergency due to the Mendocino Complex fire incident (River and Ranch fires).
5.11: Approve the continuation of a local emergency due to the Pawnee fire incident.
5.12: Approve the continuation of a local emergency due to COVID-19.
5.13: Approve the continuation of a local emergency In Lake County in response to the LNU Lightning Complex wildfire event.
5.14: Authorize the Public Services director/assistant purchasing agent to issue a purchase order not to exceed $68,842.31 to Bobcat of Santa Rosa for the Purchase of a Bobcat 5600 utility vehicle.
5.15: Approve the memorandum of understanding between the county of Lake and the Lake County Resource Conservation District for the construction of a water well at Middletown Trailside Park.
5.16: a) Approve mutual aid agreement between the county of Lake and Napa County for assistance provided in responding to the 2020 Glass fire; and b) adopt a resolution authorizing the chair of the Board of Supervisors to sign the agreement.
5.17: (a) Approve contract amendment #11 between the county of Lake and Sun Ridge Systems Inc. in the amount of $25,000 for the purchase and installation of RIMS CIBRS reporting software and (b) authorize the sheriff/coroner or his designee to issue a purchase order.
5.18: Approve Amendment No. 2 between the county of Lake on behalf of CSA 20, Soda Bay and PACE Engineering of Redding for Construction Engineering Services in the amount of $58,000 for a total contract amount of $220,131.50 and authorize the chair to sign.
5.19: Adopt resolution authorizing the director of Social Services to execute Standard Agreement # 20-HK-00075 and all other documents necessary to participate in the HOMEKEY program administered by the California Department of Housing and Community Development.
TIMED ITEMS
6.1, 9:01 a.m.: Public input.
6.2, 9:05 a.m.: Presentation of a proclamation recognizing the retirement of Cindy Silva-Brackett, supervising accountant, and honoring her many years of outstanding service to the county of Lake.
6.3, 9:30 a.m.: (a) Approve formation of the Lake County Small Business COVID Recovery Team and (b) appoint Supervisors Crandell and Sabatier to fill the county seats on the team.
6.4, 9:45 a.m.: Consideration of resolution of intention of the Board of Supervisors of the county of Lake to initiate amendments to the zoning ordinance to establish regulations and develop standards for the cultivation of cannabis amending Article 27 of Chapter 21 of the Lake County Code pertaining to cannabis cultivation.
6.5, 10 a.m.: Consideration of update on COVID-19.
UNTIMED ITEMS
7.2: a) Consideration of Awarding Bid No. 20 – 24 for the Supply of Bulk #2 Red Diesel Fuel, No. 2 clear diesel fuel and unleaded gasoline; and b) accept and sign Westgate Petroleum bid for No. 2 red diesel; and c) accept and sign Westgate Petroleum Bid for No. 2 clear diesel; and d) accept and sign Westgate Petroleum bid for unleaded gasoline; and e) authorize chair to sign agreement between the county and Westgate Petroleum.
7.3: Discussion and direction to staff regarding the proposed re-use of an existing agricultural packing facility for a commercial cannabis-related business which includes a use not currently allowed by the current cannabis ordinance.
7.4: Consideration of agreement between the county of Lake and Safebuilt for consulting services for professional plan check, building permit processing, and building and public infrastructure inspection services for the Guenoc Valley Mixed Use Planned Development Project.
7.5: Consideration of Change Order No. 1 with West Coast Contractors DBA Oregon West Coast Contractors for Clayton Creek Road at Clayton Creek Bridge Replacement Project, Federal Project No. BRLO-5914(077), Bid No. 20-10, for an increase of $492 and a revised contract amount of $1,613,663.40.
CLOSED SESSION
8.1: Employee grievance: Complaint pursuant to Gov. Code sec. 54957.
8.2: Conference with legal counsel: Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2), (e)(3) – Claim of McQueen.
Email Elizabeth Larson at