The trial of a McKinleyville woman who drove her SUV through a crowd of Black Lives Matter protesters has been delayed again, this time until November.
This morning Judge Christopher Wilson granted Deputy District Attorney David Moutrie’s motion to continue the trial of Jessica Perkins, charged with misdemeanor reckless driving and the infractions of running a red light and failing to yield to pedestrians. The trial had been scheduled to begin Sept. 7. Moutrie said that among other issues, a prosecution witness may not be available next week. Trial is now set for Nov. 1, with a trial confirmation hearing on Oct. 18.
On June 11, 2020, Perkins drove her Honda Pilot through a group of BLM protesters who were crossing Central Avenue in McKinleyville on a green light. The SUV narrowly missed some pedestrians and people on horseback.
The District Attorney’s Office filed charges after the California Highway Patrol conducted a lengthy investigation. At the time of the incident, Perkins posted on The Outpost’s Facebook page that she never intended to hurt anyone. She had already been blocked at two traffic lights, she said, and she was trying to get to a pharmacy to pick up medicine for a child with a high fever. Deputy Conflict Counsel April Van Dyke, appearing in court for Perkins this morning, did not object to the continuance.
This is the fourth trial postponement for Perkins, 35. Continuances were also granted in October 2020, November 2020 and March of this year.
A progression map of the Monument Fire’s spread. | Inciweb
The Monument Fire burning along highway 299 in Trinity County between Burnt Ranch and Weaverville is now 164,746 acres in size and 29 percent contained.
A team of 2,339 firefighters is currently working on the fire, including 35 hand crews, 176 engines, 20 helicopters, 56 dozers, 56 water tenders, 8 skidgines, 21 masticators and 2 excavators.
“The Monument Fire continued to burn to the north and northeast in the Trinity Alps Wilderness and has progressed down to the North Fork of the Trinity,” the fire’s incident management team stated this morning. “Firefighters plan to use an Unmanned Aircraft System with an infrared camera today to see if the fire has crossed to the east bank. If the air is clear enough to use helicopters, the plan is to drop buckets of water in that area to keep the fire west of the North Fork or at least slow its advance on the east side. Nearby crews will continue to strengthen and improve a series of lines on the East Fork Road, in Hobo Gulch and along Canyon Creek Road in case the fire continues to progress to the east.”
Photos of the rappeller crew extraction provided by Mike Gamble, Todd Wright and Stacy Purifoy.
Hawkins Bar Volunteer Fire Department Chief Todd Wright informed the Outpost that a rappeller crew working on the Monument Fire had to ferry out all of their equipment across a 140-Foot canyon yesterday after conditions became too smoky for them to be flown out.
“The rapellers that were inserted the other day are coming out [today] and — with it too smoked-in to fly — we were tasked with figuring out how to get their gear and them out of there,” Wright said. “After talking with them yesterday, we came up with about the only option available. They had to hike on the trail from the New River to just above Gray Falls, and from there, at roughly 140 feet above the river, we set up a Tyrolean highline and used that to ferry their gear across a distance of 225 feet.”
To get the equipment out safely, the team rigged 1,600 feet of rope across the Trinity River at the site of an old, defunct footbridge north of Burnt Ranch.
“To get the ropes across, we had to set up another set of ropes to rappel down to the river and swim or ropes across, then climb the other side and get them tied in,” Wright said.
“We were taking loads of about 80 pounds per shot, and everything went perfect,” he said. “We extracted most of their gear and resupplied them with water, Gatorade, and even picked up two pizzas [for] them so they could have a hot dinner.”
Today, the Hawkins Bar Volunteer Fire Department is back on scene helping to collect the remaining equipment and get the rappeller crew out.
The Trinity County Office of Emergency Services is urging people to sign up with the CodeRed emergency alert system for the latest evacuation information.
Evacuation Orders: In effect for Barker Mountain, the northwest portion of Hayfork Summit and North Hayfork Valley, north of Highway 3 including the north side of Hyampom Road from Hayfork to 9-Mile Bridge.
Evacuation Warnings: In effect for Big Bar, Big Flat, Burnt Ranch, Douglas City, Junction City, areas south from Barker Mountain to Haystack, Denny, Hawkins Bar and Trinity Village. Additional areas south of State Road 3 and Hyampom Road from Hayfork Summit through the Town of Hayfork to 9-Mile Bridge are also in a warning status. For more details see the Trinity County Office Sheriff Facebook page at Trinity County Sheriff’s Office Facebook.
Evacuation Centers: American Red Cross Shelters have been set up at Shasta College, 11555 Old Oregon Trail, Building 1900, Redding CA; Willow Creek Bible Church, 39 Brannan Mountain Road, Willow Creek, CA; and Fireman’s Hall Pavilion, 9 Park Street in Fortuna.
Animal Evacuation: (Domestic animals) Trinity County Animal Shelter, 563 Mountain View St, Weaverville, CA (530- 623-1370). (Domestic + Large Animals) Hoopa Rodeo Grounds on Pine Creek Rd, Hoopa, CA. (Large Animals with the exception of Swine): Redding Rodeo Grounds, located at 715 Auditorium Dr., Redding, CA (Sandy Ekman (530) 739-8469)
Clean Air Center:
Trinity County has established a Clean Air Center at the Trinity County Library, 351 Main Street, Weaverville. Hours are Monday, Wednesday and Friday from 1-6 p.m. and Tuesday and Thursday from 10 a.m. to 6 p.m. The Clean Air Center at the Murray Building at 6641 Highway 3 in Hayfork has been closed due to fire activity.
A damage assessment team confirmed that 50 structures have been destroyed by the fire. For information regarding property damages, contract the Trinity County Office of Emergency Services at (530) 623-1116.
Highway 299 remains open to one-way traffic control during the day.
“Five times a day, starting at 7 a.m. and ending at 7 p.m., pilot cars will lead vehicle caravans in the section between Burnt Ranch and Helena,” the fire’s incident management team stated. “These groups will leave from both sides every three hours. Residents may also travel this section of highway between 7 p.m. and 7 a.m. by showing proof of their address.”
On August 25th, 2021 agents with the
Humboldt County Drug Task Force (HCDTF) served a search warrant on a
residence in the 2900 block of Dolbeer St. in Eureka. This warrant
was the result of multiple neighbor complaints of suspected drug
dealing from the residence. During the service of the search warrant
agents located approx. 2 ounces of methamphetamine, digital scales,
and packaging. Agents arrested the resident, William
Mark Melton (51 years old).
Melton
was booked at the Humboldt County Jail for the following charges:
H&S 11378 Possession of
methamphetamine for sale
H&S 11366.5 Operating or
maintaining a drug house
PC 12022.1 Committing a felony while
out on bail
Anyone
with information related to this investigation or other narcotics
related crimes are encouraged to call the Humboldt County Drug Task
Force at 707-267-9976.
Satellite fire detection map as of this morning. Link.
UPDATE, 3:40 p.m.:
A new immediate evacuation order has been issued for all areas west of Forest Route 6N33 to the end of Fourmile Creek, South of Christian School Road to Friday Ridge Road.
An immediate evacuation order is also in place for all areas west of Highway 299 to the end of China Creek, South of Butterfly Creek to Christian School Road, excluding residents on Christian School Road.
Evacuation warnings have been issued for all areas east of Highway 299 to the Trinity River, South of Panther Creek Road to Butterfly Creek Road.
Additional evacuation warnings have been issued for areas east of Forest Route 6N33 to the Trinity River, South of Gypo Lane to Friday Ridge Road.
Officials are urging residents in the evacuation warning areas to be packed ready to leave at a moment’s notice.
Updated evacuation orders. | HCOES
###
UPDATE, 9:49 a.m.: Press release from the Humboldt County Office of Emergency Services:
Evacuation
warnings and orders remain in effect for the China Creek area as fire
crews work to contain the Knob Fire near Willow Creek.
CURRENT
SITUATION
The
Knob Fire originated Aug. 29, 2021 at approximately 3 p.m. on Brush
Mountain in the China Creek watershed. The U.S. Forest Service (USFS)
is leading fire suppression efforts. According to the USFS, as of 8
a.m. August 30, the Knob Fire is approximately 250 acres and 0%
contained.
Humboldt
County Sheriff’s deputies continue to patrol the mandatory
evacuation zone and staff roadblocks.
EVACUATION
INFORMATION
An
EVACUATION ORDER remains in effect for residents
in the area of:
Butterfly
Creek Lane south to Gypo Lane.
An
EVACUATION WARNING remains in effect for
residents
West of the Trinity River in the areas of:
The
following road closures are in effect related to the Knob Fire:
China
Creek Road at Hodgson Road;
Burwood
Drive at State Route 299;
Gypo
Lane at State Route 299.
The
above routes are closed to entering traffic, but may be used by
residents to leave the area in compliance with the evacuation order.
State
Route 299 is currently open as of 8 a.m. Residents are encouraged to
visit http://quickmap.dot.ca.gov/
to
check for state highway closures.
RESOURCES
FOR THE COMMUNITY
An
Evacuation Center remains active at the Willow Creek Bible Church,
located at 39
Brannan Mountain Road, Willow Creek, for
evacuees. Resources available at this location include:
Overnight
sheltering;
Restrooms;
Water;
Red
Cross services.
Domestic
and large animal sheltering is available at the Hoopa Rodeo Grounds,
located on Pine Creek Road in Hoopa.
FOR
MORE INFORMATION
Additional
updates will be issued via press release as needed.
For
more information regarding the Knob Fire, current impact and
evacuation areas, please go to humboldtsheriff.org,
visit @HumCoOES on Facebook and Twitter, or call 707-268-2500.
###
A new fire broke out south of Willow Creek yesterday afternoon. They’ve called it “The Knob Fire,” and it’s already prompted evacuation orders and warnings along Highway 299.
The Humboldt County Sheriff’s Office is issuing an IMMEDIATE EVACUATION ORDER for residents West of the Trinity River in the area of Butterfly Creek Lane south to Gypo Lane in Willow Creek due to the Knob Fire.
EVACUATION WARNING: An EVACUATION WARNING has been issued for residents West of the Trinity River in the areas of: - Panther Road south to Butterfly Creek Road - Gypo Road south to Friday Ridge Road Prepare for potential evacuations, including personal supplies and overnight accommodations. Be ready to go at a moment’s notice.
An Evacuation Center is established for residents at the Willow Creek Bible Church at 39 Brannan Mountain Road. Domestic + Large Animals Sheltering: Hoopa Rodeo Grounds, located at Pine Creek Rd., Hoopa, CA
Map from the Humboldt County Office of Emergency Services. Zoom in on the Willow Creek area for evacuation orders and warnings related to the Knob Fire.
1830 CA-SRF Knob Fire: 40 acres timber and brush, 0% contained. Active fire behavior with structures threatened. Threats also include private timberland and critical wildlife habitat. Aircraft use is limted due to smoke.
These days you could be forgiven for thinking it was all a dream, but there was actually a time when Humboldt gathered annually to gawk at racing kinetic sculptures. Kinetic officials are hopeful that there will be a race in 2022 and some teams are already gearing up. In that spirit, this week your President of Positivity stops by the shop of multi-time Kinetic Grand Champions Tempus Fugitives, who’ve already begun their transformation into the all-women hair metal band “Preying Menace.” Meet the bandmates in this week’s episode, above, and if you want to support kinetic racing, consider donating to the Preying Menace Indiegogo. Ciao Bella and For the Glory!
Republicans running to replace Democratic Gov. Gavin Newsom in the recall election have talked about making some big changes in California: Cut taxes. Give parents vouchers for private schools. Roll back some landmark environmental laws.
But while the governor’s office comes with a lot of power, it does not include a magic wand.
To make many significant policy changes, a governor must work with the Legislature to pass new laws, approve a budget and appoint key leaders to state agencies. And in California, Democrats have a complete lock on the Legislature — holding such a huge supermajority in both chambers that they have more than enough votes to override a governor’s veto, or to pass their own budgets.
So if the Sept. 14 recall is successful and a Republican is sworn in as governor of this deep-blue state — a once far-fetched notion that polls now show is within the realm of possibility — what would change at the state Capitol come late October?
The one-party control Democrats have enjoyed for the last decade would give way to a divided government. That could spur bipartisan compromises — or partisan gridlock. Most significantly, it could make historically rare power plays a lot more common:
The Legislature could override vetoes to turn its bills into law and still set policy in a wide range of areas. And the governor could try to do the same or push back through executive orders and emergency declarations.
“If the Democrats coordinate and present a united front, and defy political norms that have historically been in place, they could resist a lot of what the governor wanted to do,” said Kim Nalder, a political science professor at California State University, Sacramento.
“But there is that issue of emergency powers. And potentially a governor, if they wanted to be contentious and implement some sweeping changes, they could claim those emergency powers.”
Assemblymember Kevin Kiley — a Rocklin Republican now running in the recall election — sued Newsom to try to limit his emergency power, but ultimately lost in court. With that ruling that a governor has broad authority to change or rescind laws during an emergency, GOP candidates are now talking about how they’d use such power themselves.
“I would not use executive authority to create new laws and new policies, as this governor has,” Kiley said in an interview with CalMatters. “But I would use it to unwind things that never should’ve been there to begin with.”
Kiley said he would end Newsom’s pandemic emergency declaration, which would set the stage for reversing related public health rules, such as the requirement that children wear masks at school and that state employees and health care workers get vaccinated against COVID-19 (or be subject to routine testing). Other GOP candidates also pledge to reverse Newsom’s mask and vax orders.
But the major Republican recall candidates are talking about using emergency powers for a lot more than the pandemic.
Republican talk radio host Larry Elder said he’d declare emergencies over homelessness, drought and schools and use the power to change environmental and education rules.
Of course, using emergency power to address longstanding issues would almost certainly get tested in court. A plaintiff could argue that an ongoing and predictable problem is not a proper use of a governor’s emergency orders. But under the Emergency Services Act, the governor’s powers are intended to be very broad, and courts have been lenient in defining emergency power, said David A. Carrillo, executive director of UC Berkeley Law’s California Constitution Center.
“That’s a potentially dangerous combination,” he said.
Conceivably, Democrats could try to prevent a new governor from using emergency power by revoking the Emergency Services Act some time between the Sept. 14 election and a new governor being sworn in, Carrillo said. Hypothetically, if Newsom loses the recall, he could call an emergency session of the Legislature and lawmakers could vote to repeal the law, or put it on hold until after the 2022 gubernatorial election.
“A power move like that would hobble a new governor’s emergency powers,” Carrillo said.
“I have a lot more power than I thought I did, even dealing with a hostile Legislature.” — Republican recall candidate Larry Elder
Beyond emergencies, Elder said he would reverse executive orders Newsom has issued on environmental issues, such as a ban on oil fracking and phasing out the sale of gas-powered cars.
“They’ll be repealed,” Elder said. “I believe that we ought to be encouraging fracking, not discouraging fracking. It can be done safely.”
But Elder said he would not only govern by executive power and said he believes he can also find ways to work with the Legislature — a conclusion he said he was surprised to reach after consulting with former Gov. Pete Wilson, a Republican who worked with a Democratic-controlled Legislature in the 1990s.
“One of the reasons I initially did not want to run is because of the supermajority Democrat Legislature we have in Sacramento and my assumption that whenever I vetoed something, it would be readily overridden,” Elder said.
“Much to my surprise, a bill has not been overridden since I think the early 1980s.”
Political dynamics are different now
It’s true that overriding a veto is rare. Lawmakers have only used that power a handful of times in the last 50 years, according to the state Senate Office of Research.
But political dynamics at the Capitol are substantially different now than they were in previous eras, when state government was politically divided. That makes use of the override more likely.
“The fundamental rules have changed — because of the supermajority the Democrats have, and the majority-vote budget rule.” — former State Senate leader Bill Lockyer
In both the Assembly and state Senate, Democrats now hold more than the two-thirds majorities needed to override a veto, if moderates and progressives stay united. During the terms of the last two Republican governors — Wilson, from 1991 to 1999, and Arnold Schwarznegger, who won the 2003 recall and served until 2011 — Democrats did not have a supermajority.
And the rules for passing a budget have changed significantly since then, too. It only takes a simple majority to pass the budget now; not the two-thirds vote that forced bipartisanship (and lots of partisan gridlock) until voters changed the law in 2010.
“The fundamental rules have changed — because of the supermajority the Democrats have, and the majority-vote budget rule — that have made the situation really different,” said Bill Lockyer, who was the Democratic leader of the state Senate during much of Wilson’s time as governor.
“There’ll be lots of pressure to do overrides.”
One thing that won’t be different? The Democratic Senate’s ability to block appointments by a Republican governor. Though a governor has authority to appoint members of the state Board of Education, California Air Resources Board and other powerful bodies, and to fill thousands of positions throughout state government, the most significant appointments that play a role in shaping policy must be approved by the state Senate.
“There were numerous examples of where we refused to confirm a gubernatorial appointment, and that’s highly likely to occur with the (recall candidates) we see on the Republican side,” Lockyer said.
Another thing that won’t change: Governors don’t need any input from the Legislature to appoint judges. Newsom alluded to how drastically a new Republican governor could shape California courts in a recent Zoom call with supporters: “I think about my kids and their future, the damage that a Republican can do (with) judicial appointments unfettered by the Legislature.”
The governor also has the power to fill vacant statewide offices without the Legislature’s approval. Newsom used that authority to shape Democratic politics in California following the 2020 election, appointing Alex Padilla as the state’s first Latino senator when Kamala Harris became vice president, and then choosing Shirley Weber as California’s first Black secretary of state and Rob Bonta as first Filipino American attorney general.
“I’m going to propose a package of reforms on all of these issues. And I’ll certainly sit down with legislators and try to fashion a majority that will want to deal with these and get the problems fixed,” Cox told CalMatters.
If that doesn’t work, he said he’ll recruit candidates to challenge lawmakers in their re-election campaigns.
But if a Republican is elected in the recall, it would be just a year before voters pick a governor again. And it will likely be with far less than a majority of votes — hardly what Democratic legislators would view as a mandate.
That’s because of the strange rules for a recall (which a federal judge affirmed Friday are constitutional): Newsom will be ousted if a simple majority of voters say “yes” on the first question on the ballot. The person who replaces him will be whoever gets the most votes on the second question, even if it’s less than a majority. So far, no candidate has polled higher than 27%.
It was different in the 2003 recall, when 55% of voters ousted then-Gov. Gray Davis and 49% voted to replace him with Schwarzenegger.
“The mandate by voters at the time was, they wanted change,” said Fabian Nunez, a Democrat who led the Assembly during Schwarzenegger’s first term.
“When you look at the crowd of people that are running in this recall, there’s nobody that even comes close to that.”
Nunez and Schwarzenegger locked horns many times at the start of that governorship. The new governor famously called the Legislature a bunch of “girlie men” as he pressured them to pass a budget.
But he wound up abandoning some of his most conservative proposals, including on spending and teacher tenure, after they were rejected by voters. Eventually, Schwarzenegger and Nunez learned to cooperate, and even became friends.
“I never once tactically thought, ‘OK we have to moderate our stance now that we have a Republican governor.’ But I did think that we had to figure out a way to work with him if we wanted to get things done,” Nunez said.
He pointed out, though, that Democrats didn’t have a supermajority back then. They couldn’t override a governor’s veto or pass a budget without Republican votes:
“They were very different times than now.”
###
CALmatters.org is a nonprofit, nonpartisan media venture explaining California policies and politics.
The Monument Fire burning last night. | Chris Ayer, Corona Fire Department
Monument Fire
The Monument Fire burning along highway 299 in Trinity County between Burnt Ranch and Weaverville is now 163,155 acres in size and now 23 percent contained
A team of 2,370 firefighters is currently working on the fire, including 37 hand crews, 172 engines, 18 helicopters, 57 dozers, 51 water tenders, 7 skidgines, 21 masticators and 2 excavators.
“Weather conditions are not expected to be quite as intense but severe enough that fire managers expect another uptick in activity again later today,” the fire’s incident management team stated this morning. “While yesterday’s growth was largely confined to wilderness and unpopulated terrain, the fire still retains lots of potential to move toward populated areas. To protect those areas the emphasis today will continue to be the construction and strengthening of primary, alternate and contingency fire lines.”
The Trinity County Office of Emergency Services is urging people to sign up with the CodeRed emergency alert system for the latest evacuation information.
Evacuation Orders: In effect for Barker Mountain, the northwest portion of Hayfork Summit and North Hayfork Valley, north of Highway 3.
Evacuation Warnings: In effect for Big Bar, Big Flat, Burnt Ranch, Douglas City, Junction City, areas south from Barker Mountain to Haystack, the north side of Hyampom Road from Hayfork to 9-mile bridge, Denny, Hawkins Bar and Trinity Village. For more information, visit the Trinity County Sheriff’s Office Facebook.
Evacuation Centers: American Red Cross Shelters have been set up at Shasta College, 11555 Old Oregon Trail, Building 1900, Redding CA; Willow Creek Bible Church, 39 Brannan Mountain Road, Willow Creek, CA; and Fireman’s Hall Pavilion, 9 Park Street in Fortuna.
Animal Evacuation: (Domestic animals) Trinity County Animal Shelter, 563 Mountain View St, Weaverville, CA (530- 623-1370). (Domestic + Large Animals) Hoopa Rodeo Grounds on Pine Creek Rd, Hoopa, CA. (Large Animals with the exception of Swine): Redding Rodeo Grounds, located at 715 Auditorium Dr., Redding, CA (Sandy Ekman (530) 739-8469)
Clean Air Center:
Trinity County has established a Clean Air Center at the Trinity County Library, 351 Main Street, Weaverville. Hours are Monday, Wednesday and Friday from 1-6 p.m. and Tuesday and Thursday from 10 a.m. to 6 p.m. The Clean Air Center at the Murray Building at 6641 Highway 3 in Hayfork has been closed due to fire activity.
The latest Monument Fire map. | InciWeb
A damage assessment team confirmed that 50 structures have been destroyed by the fire. For information regarding property damages, contract the Trinity County Office of Emergency Services at (530) 623-1116.
Highway 299 remains open to one-way traffic control during the day.
“Five times a day, starting at 7 a.m. and ending at 7 p.m., pilot cars will lead vehicle caravans in the section between Burnt Ranch and Helena,” the fire’s incident management team stated. “These groups will leave from both sides every three hours. Residents may also travel this section of highway between 7 p.m. and 7 a.m. by showing proof of their address.”
###
Mop-up work on the McFarland Fire. | InciWeb
McFarland Fire
The McFarland Fire burning along Highway 36 in Trinity County is now 122,653 acres in size and 93 percent contained.
One month after the fire ignited due to lightning, a team of 310 firefighters are wrapping up work on the blaze. Equipment is reportedly being hauled out of the area and firefighters are mostly performing mop-up duty along containment lines.
“Overnight, crews worked in the Beegum Gorge area to continue the progress,” the fire’s incident management team stated this morning. “Smoldering stump holes and large dead down trees continue to burn out within the perimeter. Limited fire behavior is expected on the incident today. Hot, dry and windy weather could cause a general increase in fire activity as unburned interior fuels within the containment line continue to burn.”
A damage assessment team has confirmed that 24 homes and 22 other structures were destroyed by the fire. One additional home was confirmed to be damaged by the fire. Damage assessments have been completed. A map of the destroyed structures and images of the properties can be found by clicking this link: visit:https://arcg.is/1Pu8GW.
All mandatory Evacuation Orders and Warnings have been lifted. Highway 36 has been reopened to both directions of traffic. Some stretches of the highway are still reduced to one-way traffic control due to unrelated maintenance work.
###
The latest McCash Fire map. | InciWeb
McCash Fire
The McCash Fire burning east of Highway 96 in the Klamath National Forest has grown to 31,721 acres and remains 1 percent contained.
A team of 401 firefighters is actively working to contain the fire, including six crews, 12 engines, five dozers six water tenders and three aircraft.
“The McCash Fire was active on all fronts Saturday,” the fire’s incident management team stated this morning. “It crossed to the north side of King Creek and has begun backing down toward Independence Creek. The fire is also moving west toward Highway 96 near the boundary between the Happy Camp Ranger District and Ukonom Ranger District.”
Highway 96 remains open to both directions of traffic.
