Jurors in the trial of murder suspect Gearold “Roldo” Sotolongo asked today for a read-back of part of Sotolongo’s testimony and also wanted to examine the stick that victim Roger Yale was carrying.
In addition, the jury asked about the correct meaning of the word “deliberate,” as in “acted with deliberate disregard for human life.”
That is one element of second-degree murder. The question was whether deliberate should be understood as in everyday use or whether it has some legal or technical meaning.
After discussing the issues with attorneys, Judge Larry Killoran sent the jury a note saying deliberate should be defined as it is ordinarily used. About 4 p.m. bailiff Travis Mendes took the box containing the stick — it looks like a branch of willow or another soft wood — into the jury deliberation room.
The court reporter will not read back the portion of Sotolongo’s testimony until tomorrow morning.
Sotolongo, 31, stabbed Yale in the heart the morning of Feb. 13, 2016, outside the Hoopa Mini-mart.
Sotolongo testified he was afraid of Yale and acted in self-defense. Video of the incident shows Yale being followed and harassed by a group of people, including Sotolongo.
Yale was trying to avoid the group, and when everyone but Sotolongo left the area he sat down on a curb outside the mini-mart. As Sotolongo walked toward Yale, he stood up with the stick in his right hand.
The instant when the two men made contact was not captured on video, but the ensuing struggle and fatal stabbing were.
Jurors received the case on Thursday afternoon and began deliberating Tuesday morning.
Attorney Zack Curtis represents Sotolongo, with Deputy District Attorneys Roger Rees and Jessica Watson prosecuting the case.
Flanked by fellow state legislators and CalFire firefighters, state Sen. Mike McGuire called for an immediate response to the statewide firefighter shortage. | Screenshot
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State Senator Mike McGuire took to the steps of the State Capitol this afternoon to call attention to the firefighter shortage that is “threatening the lives and mental health of firefighters” across California.
“Fire season is here,” McGuire said. “…Experts believe that this year’s wildfire season could be one of the most hellacious on record brought on by the worst drought California and the western United States have seen in 12 centuries and the alarm couldn’t be louder: It’s time to fix the CalFire firefighter shortage. Ignoring this crisis makes our communities less fire safe and it puts the health and safety of CalFire firefighters at risk.”
SB 1062, also known as the Fixing the Firefighter Shortage Act of 2022, would immediately add 1,124 CalFire firefighter positions and advance a long-term staffing plan to confront the “new mega fire reality that we all live in.” Three CalFire firefighters per engine would become the new mandated minimum under the proposed legislation. It would also mandate an additional 16 crews of 48 firefighters each to provide on-the-ground support during fire prevention projects and controlled burns.
“I think we can all agree that our state is facing unprecedented destructive wildfires,” McGuire said. “…This severe shortage it’s putting the health and safety of firefighters at risk due to staff shortages. CalFire firefighters are working long overtime hours. Many times they are deployed 40 to 60 days in a row without a single day off. …The women and men who are the heart of CalFire would never say this out loud but they’re at their breaking point.”
State Senator Susan Rubio called upon fellow legislators and Gov. Gavin Newsom to “step up and take care” of California’s firefighters. “I’m here proudly standing as a co-author of this measure to ensure that we put more firefighters on the beat to ensure that these fathers and mothers get to go home to their families, not only often but safely.”
CalFire captain Liz Brown likened California’s increasingly destructive fire seasons to a war zone. “We’re at war every summer,” she said. “You would never want your son or daughter or child to ever to be sent into a war zone without adequate staffing, equipment and resources. That sounds crazy, doesn’t it? That is exactly what we have done for too many years to count.”
After this post was published, both auditor-controller candidates submitted their 460s, and the Outpost received an email from Tyler Kearns, one of the men behind theCommittee to Support Kamada for District Attorney, offering an explanation for the fling delays.
First, the A-C candidates. We gave you challenger Cheryl Dillingham’s numbers yesterday (see below). Incumbent Karen Paz Dominguez’s paperwork shows that her campaign raised $1,315 during the most recent reporting period, bringing her fundraising total to $10,268, including a $2,451 loan from herself and a $2,445 loan from her husband, Fernando Paz. All but $166 of her fundraising total has been spent. (As with yesterday’s report, we’re rounding to the nearest dollar.)
Paz Dominguez’s largest donations from this period were a $500 contribution from Bruce Will of Hydesville and a $258 offering from Gregory Conners of Loleta.
As for the Committee to Support Kamada for District Attorney, treasurer Tyler Kearns said in an email that he and Nick Abrahamsen are indeed high school friends of the candidate.
“When we heard Mr. Kamada was running, we set out to help promote his candidacy for Humboldt DA,” Kearns wrote. “We believe in his vision, his strong legal skills and experience and the need for a different direction in the head legal office and system of Humboldt County.”
Attached to the email was a pdf file showing that Kearns and Abrahamsen first submitted paperwork in February, when the IRS issued the committee an employer identification number. That’s also when the duo submitted a Form 410, aka a Statement of Organization to establish a recipient committee.
Also attached was a Notice of Rejection form from the Secretary of State Office, dated May 2, returning the Form 410 due to multiple errors. Kearns and Abrahamsen later resubmitted the paperwork, and the state rejected it again, prompting a third submittal.
Kearns explained, “I wanted to send you proof that the process was taken in good faith and timely to do this all correctly.”
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Original post:
Local candidates for the June 7 primary election.
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It’s almost Election Day! There’s less than a week left to cast your ballot, for you procrastinators out there, and in month since our last campaign finance update, contributions have continued to roll in, albeit more for some candidates than others.
Last Thursday was the second and final pre-election deadline for candidates and committees to submit their campaign contribution reports, called Form 460 in California, and not everyone made the deadline.
For example, theCommittee to Support Kamada for District Attorney, a political action committee that purchased ads on prominent local billboards, has yet to submit any campaign finance disclosure forms whatsoever.
These billboards — and the lack of transparency behind their financing — have provided campaign fodder to supporters of Deputy District Attorney Stacey Eads, Kamada’s most prominent fellow challenger in the DA race. At candidate forums, Kamada has sought to distance himself from the roadside advertisements, saying they were purchased by an independent committee comprised of some high school friends and that, by law, he can’t cooperate with them.
When the Outpost first looked into the matter early last month, Kamada gave us names and contact info for two of the high school buddies behind the committee, Nick Abrahamsen and Tyler Kearns. Reached by phone, the former said he was not the committee’s treasurer, adding, “I’m not sure who to point you to on that.”
When we reached Kearns by phone, he said Abrahamsen is the treasurer. Told that Abrahamsen had denied as much, Kearns responded, “Oh, then I’m the treasurer.”
He said this is the first time he’s gotten involved in political campaign financing and didn’t realize they’d missed the April 28 filing deadline. In a May 9 text, Kearns said the committee spent $13,100 on ads to be displayed through June 9, adding the he would send detailed payment info to the Outpost the following morning. He failed to do so and did not respond to a pair of voicemails left in the following days.
We left him another voicemail this morning and Kearns responded via text, saying he’d call around 1 p.m. As of the time of this post’s publication he had not called.
Candidates for District Attorney (from left): Deputy Public Defender Adrian Kamada, Deputy District Attorney Stacey Eads and local attorney Michael Acosta.
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As for the DA candidates themselves, Deputy District Attorney Stacey Eads maintained her fundraising lead over Kamada and Acosta (the latter of whom is not doing any fundraising). Her campaign brought in another $18,451 this reporting period, bringing her total to $60,501. As of May 26, $5,491 of that remained unspent.
Eads’s top donor to date is herself. She chipped in $500 last month, bringing her self-financing total up to $4,700. Other top donors, following this latest reporting window, include George and Mary Schmidbauer, who gave $1,500 apiece, fellow deputy DAs Roger Rees and Whitney Timm, who’ve contributed $1,499 and $1,599 respectively, attorney Kathleen Bryson, who’s given $1,599 and Loleta retiree Lorin Flyer, with $1,600.
Kamada’s campaign brought in a bit over $7,000 this last reporting period, bringing his total to $41,983. He donated $999 himself and has collected $3,300 ($2,500 this period) from Amy Hunt, an attorney with the Mitchell Law Firm. He also got a $1,500 donation from San Francisco attorney Jennie Stepanian.
Incumbent Auditor-Controller Karen Paz Dominguez and challenger Cheryl Dillingham.
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Who else missed May 26 deadline? Well, both candidates for Humboldt County Auditor Controller. Challenger Cheryl Dillingham told the Outpost, “We are new to the campaign process and totally missed this deadline. Will have the report filed soon.”
Incumbent Karen Paz Dominguez said via text, “This one’s on me. I got really sick and fell behind on my campaign. Focused on work and lawsuit.”
As of the prior reporting period, Dillingham’s campaign had raised $32,022, including a $12,000 from the candidate herself, while Paz Dominguez’s campaign had brought in $8,953.
Around 3 p.m., Dillingham forwarded photos of her latest 460. It shows that her campaign raised another $5,549 this period, bringing her total up to $37,571. Her campaign’s ending cash balance is just over $9,600, leaving plenty for any last-minute spending.
Top donors to the Dillingham campaign this last period:
$1,500 from the Humboldt Deputy Sheriff Organization PAC
$1,500 from the AFSCME Local #1684 PAC
$500 from Craig Hansen (Eureka)
$500 from Nitai Patak (Cerritos)
$500 from Michael Winkler (Arcata)
Judge candidates Ben McLaughlin (left) and Steven Steward.
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Judge candidate Ben McLaughlin also missed the May 26 deadline, and he missed the April 28 one, too. When we first asked him about it via email on May 19 he acknowledged missing it and said he was stressed about that fact. He later said a variety of issues, including some tragedies among friends, contributed to the blown deadline.
“I think it just dropped off folk’s radars,” he said in a May 24 email. “Nothing nefarious.”
When we called McLaughlin on Tuesday to ask about the latest missed deadline he returned the call a couple hours later, thanking us, saying we’d lit a fire under his ass, and explaining that he had sinceuploaded the required information to the Secretary of State’s website.
According to that data, McLaughlin’s campaign brought in $47,427 thus far, including $7,451 from himself and a $34,000 loan from his mother, Milbrey McLaughlin. He also got a $1,200 donation from local attorney Brad Floyd and another $1,200 donation from former Palo Alto mayor Larry Klein. As of May 26, his campaign coffers still had nearly $11,000 in unspent funds.
Steward’s campaign, meanwhile, has raised $37,424 with $2,473 left in unspent funds. His top donations include $5,000 from Arcata resident Tauheed Ahmed, another $5,000 from Maryland resident Marc Korman,n $3,025 from Dian Steward, $3,000 from Richard Amromin of Altadena, $1,000 from the AFSCME LOCAL #1684 PAC and $999 from the Humboldt Democratic Central Committee.
Candidates for Fourth District Humboldt County Supervisor (from left): Natalie Arroyo, Kim Bergel and Mike Newman.
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In the race to become Humboldt County’s next Fourth District supervisor, conservative-leaning contender Mike Newman continues to be the fundraising leader. With another $8.910 this period, plus a non-monetary adjustment from the previous period, the Newman campaign total comes to $70,784, of which a whopping $29,875 remains unspent. That should come in handy in the event of a November runoff.
Newman’s top donations this time around were as follows:
$1,500 from Brian Pritchard, president of Sequoia Specialties Construction
$1,500 from Schmidbauer Lumber
$971 from Modd Awwad, Victoria Place Dental Center, and
$798 from Fifth District candidate Larry Doss
Natalie Arroyo’s campaign, meanwhile, picked up some fiscal steam, bringing in $11,950 this period for a total campaign kitty of $44,381. She has spent all but $3,252 of that. Here are her campaign’s top donors from the latest reporting window:
$1,500 from AFSCME Local #1684 PAC
$1,500 from the International Brotherhood of Electrical Workers, Sacramento
$1,500 from the United Food and Commercial Workers Local 5 PAC
$1,500 from William Pierson
$1,500 from Carlos Quintero (Modesto)
$999 from the Humboldt Democratic Central Committee
Kim Bergel trails in the campaign fundraising effort, having brought in $2,237 this period for a total of $9,585 with $1,702 unspent. Top donors include $500 apiece from John Bergel and All About the Animals, LLC.
Candidates for Fifth District Supervisor (from left): incumbent Steve Madrone and challenger Larry Doss.
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Real estate agent Larry Doss has raised more money this election cycle than any other candidate for any local office. The Fifth District supervisor candidate has brought in a whopping $116,926 for his campaign thus far, with $54,203 of that unspent through May 26.
Doss’s biggest donors this filing period were George and Mary Schmidbauer, who chipped in the max amount of $1,500 apiece.
Incumbent Steve Madrone’s campaign had a big month, bringing in $22,273 for a total of $66,503. Of that, $12,862 was unspent through last Thursday. Madrone’s top donations:
$1,500 from AFSCME Local #1684 PAC
$1,000 from the Yurok Tribe
$1,250 ($250 this period) from Vaughn Hutchins (Blue Lake)
$1,100 ($600 this period) from James Cotton (Arcata)
$820 from Gloria Speigle (Trinidad)
Candidates for Humboldt County Clerk-Recorder/Registrar of Voters (from left): Juan Pablo Cervantes, Tiffany Hunt Nielsen and Benjamin Hershberger.
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Last but not least, the three-way race to become the county’s next clerk-recorder/registrar of voters.
Tiffany Hunt Nielsen, who works in the clerk’s office, has raised the most thus far, bringing in $3,550 this period for a grand total of $29,958. Of that, $5,652 remained unspent through last Thursday. Nielsen’s top donations this time around were $1,500 from Chalk Mtn. Ranch, LLC, in Bridgeville and $800 from Jack Rieke, owner of Shafer’s Ace Hardware.
Juan Pablo Cervantes’s campaign raised $4,491 this period, bringing his total to $18,489, of which $1,011 remains unspent. He is his campaign’s own top donor, having given himself $3,000 thus far. He also landed a $1,500 last month from AFSCME Local #1684 PAC.
Benjamin Hershberger’s campaign didn’t raise any money this last period. His tally to date stands at $8,080, more than a quarter of which ($2,203) came from himself with another $1,130 from donor Will Wright.
The first weekend of June is forecast to be unusually wet.
Nearly all of Northwest California will probably receive some rain this weekend. Some light rain or coastal drizzle will be possible (20% chance) as early as Thursday night and Friday.
Probabilities for a tenth of an inch or more will increase on Saturday, however gusty southerly winds in advance of the front may limit the rain amounts around Humboldt Bay and the greater Eureka area. The highest probabilities for a quarter of an inch or more will occur during the 24 hour period from 5 PM Saturday to 5 PM Sunday. This will be a warm storm with mild temperatures and high snow levels.
If you are planning outdoor activities this weekend, be ready for wet weather conditions and possibly gusty winds.
California’s reparations task force will release today its first of two reports detailing the state’s history of slavery and racism and recommending ways the Legislature might begin a process of redress for Black Californians, including proposals to offer housing grants, free tuition and to raise the minimum wage.
The 500-page study describes decades of state and federal government actions that harmed Black Americans — from American slavery to the more recent redlining, mass incarceration, police actions and the widening wealth gap between Blacks and whites.
After police killed George Floyd and the subsequent nationwide protests, Gov. Gavin Newsom in 2020 signed legislation establishing the task force to study and develop a plan for reparations in the state. The law gave “special consideration” to Black Americans who are direct descendants to enslaved people.
The task force report proposes dozens of recommendations, including that the Legislature “implement a comprehensive reparations scheme.” The final details — including the exact monetary amount of compensation and the number of Black Californians eligible — will be in a second report due to the Legislature by July 2023.
The task force recommends establishing 10 new offices within state government to oversee administration of reparations, including an Office of African American/Freedmen Affairs to help people file claims for compensation and an Office of Freedmen Genealogy to help people prove their eligibility with genealogical research.
From slavery to the KKK
It’s unclear how many people would qualify for reparations. The task force estimates that, despite California’s anti-slavery constitution, about 1,500 enslaved Black people were living in the state in 1852.
After slavery was formally abolished, California became a breeding ground for the Ku Klux Klan. The report says in the 1920s the KKK hosted more events in California than it did in Louisiana or Mississippi. In Los Angeles, the police department teemed with KKK members. In Kern County, klansmen routinely beat and kidnapped Black and Latino residents.
“Black economic growth and prosperity have been critically hindered by racist policies aimed at suppressing African Americans even after end of slavery.” — Assemblymember Reggie Jones-Sawyer.
The report also referenced numerous instances of segregation and restrictive housing covenants across the state. And it described the wholesale destruction of several Black neighborhoods and cities.
In the 1950s, for instance, the city of San Francisco razed Fillmore, a Black business district, destroying 883 businesses and displacing about 20,000 people from nearly 5,000 homes.
The task force proposes that people who lost homes to government seizures, urban renewal projects, freeway construction, or racist attacks be eligible for housing grants and zero-interest loans.
Their recommendations aim to not only address specific instances of violence or prior harm, but also to support future generations of Black Californians.
The proposed Office of Freedmen Education and Social Services would offer free tuition for Black students in private K-12 education and those pursuing higher education in the state. It would also ensure that school curricula reflect a more “expansive discussion of the experiences of Black Americans in a way that is accurate and honest,” the report said.
The task force also proposed raising the minimum wage, requiring health benefits and paid time off, and other workplace protections for workers in agriculture, hospitality, food and domestic industries where there were large numbers of Black workers but fewer worker protections, the report said.
Black Californians seeking reparations would be able to file a claim through the Reparations Tribunal/ Redress Administration, the proposed arm of the reparations process that would accept or deny a request.
A national example
“Without a remedy specifically targeted to heal the injuries that colonial and American governments have inflicted on 16 generations of Black Americans and dismantle the foundations of these systems,” the report reads, “the ‘badges and incidents of slavery’ will continue to harm Black Americans in almost all aspects of American life.”
Kamilah Moore, chairperson of the task force, said its report is the first government publication providing remedies to institutional racism against Black people since the 1968 Kerner Commission, a federal study requested by President Lyndon Johnson.
“This report is extremely timely and urgent. I hope that people use this not only as an educational tool, but as an organizing tool,” Moore said.
“It is not only useful for people living in California, but for community members, constituents and organizers throughout the United States … to champion the causes of the African American community wherever they are.”
In March the task force voted that African Americans who are direct descendants of enslaved or freed Black people living in the US before the end of the 19th century would be eligible for reparations.
The task force is the only statewide initiative examining reparations. Cities such as Asheville, North Carolina and Evanston, Illinois have initiated reparations schemes at the local level, but at the federal level, HR 40, a bill that would commission a study on reparations, remains stalled in Congress.
Steps toward healing
Assemblymember Reggie Jones-Sawyer, a Democrat representing Compton, is pushing to extend the life of the task force by another year. Under Assembly Bill 2296, which passed the Assembly, the task force would continue its study through July 2024.
“Black economic growth and prosperity have been critically hindered by racist policies aimed at suppressing African Americans even after end of slavery,” he said in a statement.
“I believe that … State Legislators will be receptive of the report’s analysis, but remain true to their obligation of questioning approach, costs, and implementation. The Reparations Task Force should remain empaneled for another year to help guide, advise, and review any issues or questions that may arise … The need to have the Task Force available to furnish its experts to help with matters once the Legislature determines what, if anything, comes from these studies will be crucial to the success of this monumental step towards healing.”
Over the summer, partner organizations such as the California Black Power Network and the Black Equity Collective will host public listening sessions about the report findings. The task force will reconvene its hearings in Los Angeles in September.
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CalMatters.org is a nonprofit, nonpartisan media venture explaining California policies and politics.
Linda
Jean Flaherty Povirk, aka Grandma Grey-cat (#2), was born in 1942 to
Thomas J. and Margaret E. Flaherty (Grandma Grey-cat #1) in
Pittsburgh, Penn.,
and passed in Eureka on May 27, 2022. She was born prematurely, the
surviving twin, and spent the first two months of her life in an
“incubator” before coming home to her parents.
As
a young adult, Linda attended Grove City College, where she studied
Spanish and also met her future husband, Frank Povirk, with whom she
had two children, Kyra and Kurt. Frank’s job in the steel industry
took the family to Troy, Mich.,
and then Irvine, Calif.
in 1979, where Linda worked in a number of administrative assistant
positions in the classroom and the library at the kids’ elementary
and middle schools, and then later at UCI Medical Center in Orange,
Calif.
Linda
was a free spirit, and after many years of marriage she and Frank
divorced in the early 1990s. Linda and friends often visited the kids
in their far-away homes in Humboldt County and Wyoming and Idaho. She
loved to keep tabs on all the kids’ friends as they grew up and
into adulthood. If you needed to find a person, Linda was your go-to;
she could find just about anyone online and loved to call up long
lost friends to reconnect or to play Words with Friends. She loved
merlot, jewelry, art and culture, old movies, David Bowie, Queen and
Freddy Mercury, animals (especially all her cats over the years), Big
Macs, Alaskan king crab, and collecting business cards, stamps, fine
china and Polish pottery. She could beat anybody at Trivial Pursuit.
While it was hard to tell sometimes, she loved her entire family very
much, even though she hadn’t spoken with some in many years.
Grandsons Monti and Killian were the light of her life.
Linda
was a very emotional and creative person with a great artistic eye -
she could turn any room into a beautifully designed and coordinated
space. She loved colorful clothing and jewelry. Sadly, she struggled
through the years with her health and the demon of alcoholism, which
shaped the last 20 years of her life. When she could no longer live
on her own, she moved to the “purple house” in Salmon, Idaho,
where she was cared for by her daughter, Kyra, in-laws and friends.
While her time in Idaho was challenging, we enjoyed many wonderful
Sunday night dinners at the Lingle’s with neighborhood friends.
When she was on-point, she was engaging, witty, and a joy to be
around.
Linda
later moved in and out of a number of assisted living facilities, and
eventually settled in Eureka near son Kurt and ex-husband Frank. She
loved to go to the Sea Grill, Jack’s and Café Waterfront for
seafood, wine and socializing. She enjoyed walking around Old-Town
Eureka to look in the shops, especially Ciara’s Irish Shop, which
brought back many good memories of her 2015 trip to Ireland with the
kids.
Linda
dodged many bullets over the years but couldn’t outrun the
pneumonia that settled in her lung in May 2022. After “watching”
The Big Chill and Foul Play (with Dudley Moore, Burgess Meredith,
Goldy Hawn and Chevy Chase – she would want you to know) with her
daughter, Linda passed the evening of May 27, 2022 at Providence St.
Joseph’s hospital in Eureka. As she would say, “this tough old
bird has flown the coop!”.
Linda
is survived by her children Kyra Povirk (Dave Lingle) of Salmon,
Idaho,
son Kurt Povirk and grandchildren Monti and Killian Povirk of Bayside
and brothers TimTom Flaherty and James Flaherty and their families.
She was predeceased by her parents and twin sister, baby Flaherty.
Many
thanks to everyone, some of whom have passed, that helped us over the
years with her care; Don Mogensen, Micha Ellsworth, Dave Lingle,
Betty Lingle, Donna Gebhardt, and Cheryl Horner of Salmon, Idaho,
Darcy Liang of Irvine, Betsy Martin of Laguna Woods Village, CA, and
ex-husband Frank Povirk. We greatly appreciate care provided by the
employees of Providence St. Joseph Hospital and Alder Bay Assisted
Living in Eureka, Sunrise Villa Valencia in Laguna Hills, and the
Discovery Care Center in Salmon, Idaho.
Linda requested that her ashes be “shaken, not stirred” -
accordingly, a celebration of life will be held at later dates in
Laguna Beach and Salmon. In lieu of flowers, please consider making a
donation to your local animal shelter or hospice organization.
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The obituary above was submitted by Linda Povirk’s loved ones. The Lost Coast Outpost runs obituaries of Humboldt County residents at no charge. See guidelines here. Email news@lostcoastoutpost.com.
A homeless man who bit off part of an Arcata police officer’s thumb was sentenced this morning to four years and eight months in state prison.
Delano Blayze Malang, 22, faced up to 21 years, and the Probation Department had recommended 16 years. But Judge Gregory Elvine-Kreis, citing Malang’s youth and mental health problems, selected a penalty that Deputy District Attorney Trent Timm called “kind of a slap on the wrist.”
A jury convicted Malang in March of mayhem, assault likely to cause great bodily injury, threatening an executive officer and resisting or obstructing an officer. He also was found guilty of the special allegation of assault with great bodily injury on APD Sgt. Heidi Groszmann, whom he bit as she and other officers were attempting to place him in a police van on Aug. 1.
Elvine-Kreis dismissed the special allegation and also a prior “strike” for third degree robbery in Oregon. The judge pointed out the victim was Malang’s father.
A doctor who evaluated Malang said he has no insight into either his crimes or his own mental health. He also refuses to take medication.
Malang read a statement this morning, never mentioning his attack on Groszmann. He said the mental health services in the jail are ineffective, and therefore he has taken charge.
“I spend most of my time in jail trying to improve my mental health,” Malang said, adding he meditates daily.
“I believe my mental health is much more stable.” He said he is no longer angry and “in a constant state of worry.”
His plan after being released is to buy a phone and call his mother, who will be “happy to pick me up.”
Timm said Malang will serve “about one-fifth” of the sentence he could have received. Timm especially objected to Elvine-Kreis striking the special allegation of inflicting great bodily injury.
Groszmann’s career as a police officer was in jeopardy, Timm said, and she suffered much trauma during the unsuccessful process of trying to have the tip of her thumb re-attached.
Defense attorney R.J. Leohner, whose behavior during the trial got him held in contempt of court six times, argued Malang is a good candidate for probation. Leohner also said, as he did in trial, that officers bore some responsibility.
“There was some provocation,” he said.
Timm responded that Malang sees himself as a victim, an attitude that does not benefit him.
“The defendant has always thought police officers acted viciously and violently,” he said. “That’s not based on reality.”
After the trial, jurors said they admired officers for their calmness and kindness as Malang screamed, kicked and banged his head on the sidewalk. He was being taken into custody because officers, observing his odd behavior, suspected he was under the influence of methamphetamine.
Malang also refused to leave the scene as officers were questioning a suspect on the Arcata Plaza.
Elvine-Kreis said his sentence is not a reflection on the officers.
“They acted with great restraint,” the judge said. “They went over and above (in showing restraint) and in doing that they may have prolonged it.”
Addressing Malang, Elvine-Kreis said “You need to get a grip on your own mental health.”
Malang was given credit for time served, but the credit will go toward his misdemeanor conviction for obstructing or resisting an officer. He will serve about four years.
Before Elvine-Kreis passed sentence, he denied Leohner’s motion for new trial. Leohner filed the motion based on his own ineffectiveness of counsel, saying a new attorney should be appointed.
That left Timm in the position of arguing that Leohner was effective during trial.
Although Leohner violated court orders and court decorum, Timm said, he did “a very good job” of getting evidence in. Timm pointed out that Leohner cross-examined witnesses for “hour upon hour upon hour.”
Malang is from a small town near Salem, Oregon but had been homeless in Arcata for several months.
In other court news, a doctor who evaluated murder suspect Austin Michael Medeiros says he is not mentally competent to stand trial.
Judge John Feeney referred Medeiros’s case to Conrep, a state agency that recommends where an incompetent defendant should be sent for treatment. Medeiros, 27, also will be evaluated by the county’s Department of Health and Human Services to determine whether he can be forced to take anti-psychotic medication.
Medeiros, with hands cuffed and ankles shackled, was perturbed by the finding.
“There’s no possible way I’m not competent,” Medeiros told his attorney, Deputy Conflict Counsel Owen Tipps.
Medeiros is charged with murdering a 28-year-old disabled woman who was found dead in her Kneeland home on April 3. He is also accused of assaulting the woman’s caretaker.
After he was jailed, Medeiros allegedly fashioned a weapon and used it to attack a jail officer.
His next hearing is June 20.
Deputy District Attorney Candace Myers is the prosecutor.
A new attorney was appointed this morning for Daniel Armendariz, one of two men charged with the July 2020 murder of Hoopa resident Julius Tripp.
Armendariz has been represented for months by the county’s Conflict Counsel’s Office. But this morning Conflict Counsel Meagan O’Connell told Judge Kaleb Cockrum she has discovered a conflict in the case.
Cockrum appointed private attorney Zack Curtis to represent Armendariz. This morning a hearing had been scheduled on Deputy District Attorney Trent Timm’s motion to join Armendariz’s case with that of Bronson Lewis, also charged with murdering Tripp.
That hearing has been rescheduled for June 20 to give Curtis a chance to get up to speed on the issue.
Jurors in the murder trial of Gearold “Roldo” Sotolongo deliberated for about three hours today, leaving the courthouse more than an hour early without reaching a verdict.
Deliberations will resume tomorrow morning.
The jury received the case late Thursday afternoon, and may or may not have discussed it on that day. Court was dark Friday and Monday. This morning the jury deliberated for about two hours. After lunch they stayed for only about an hour before heading home.
Sotolongo, 31, is accused of stabbing Roger Alan Yale to death outside the Hoopa Mini-mart in February 2016. He has been in Humboldt County Correctional Facility for more than six years.
When Judge Larry Killoran read instructions to jurors, he described the law applying to first-degree murder, second-degree murder and voluntary manslaughter.
Deputy District Attorneys Roger Rees and Jessica Watson are trial prosecutors, with Zack Curtis representing Sotolongo.
