Midway through the jury trial of Jason Ryan Barnes, the judge has acquitted Barnes of second-degree murder and voluntary manslaughter.
Judge Timothy Canning’s ruling this morning leaves jurors to consider only charges of involuntary manslaughter and assault with a deadly weapon in the death of Bernhard “Ben” Bertain, who died three days after Barnes struck him with a skateboard in December 2018.
Barnes.
Deputy District Attorney Roger Rees had just rested his case for the prosecution when Deputy Publc Defender David Celli argued, with the jury out of the courtroom, that Rees had not presented evidence justifying either a murder or voluntary manslaughter charge. There was no evidence Barnes acted with malice, Celli said, and no evidence that an objective observer would believe striking someone with a skateboard would cause death.
Bertain himself, after he was hit, said “He didn’t hit me hard enough to do any damage.”
But the blows from the skateboard caused a blood clot that expanded until Bertain’s spleen ruptured three days later.
Celli argued that to warrant a charge of murder, the act committed “carries a high probability of resulting in death.”
“We don’t have that here,” he told the judge.
Rees countered that the act committed must simply be dangerous to human life.
“It doesn’t mean the act always kills someone,” he said. “It just has to be an act that’s dangerous to human life.”
He said Barnes struck Bertain “with blunt force to the torso … blunt force trauma to the torso is dangerous to human life.”
Barnes hit Bertain not once but three times, Rees said, with two blows to the side and one to the arm.
Celli responded there must be “a high degree of probability that (the act) is going to result in death.”
“We don’t have it here. We don’t.”
Canning said he’d heard all the evidence offered by the People and concluded “there’s not substantial evidence that the defendant knew the act was dangerous to human life.”
Bertain, 58, intervened when he saw Barnes screaming at a woman in the parking lot at Burre Center. He told Barnes twice that it was time for him to leave, and Barnes responded by swinging the skateboard at him. Afterward Bertain spent 45 minutes doing his laundry at the nearby laundromat.
After Canning acquitted Barnes of murder, the discussion turned to voluntary manslaughter. Canning agreed with Celli’s position.
“It’s very clear that voluntary manslaughter requires either an intent to kill or a disregard for life,” the judge said. He then acquitted Barnes on that charge.
Celli said he was not going to argue for an acquittal on involuntary manslaughter, which is “a reckless act that causes death.”
The trial continues, with Celli beginning his case this morning.
The prosecution decided to try Barnes on a murder charge, even though back in September 2020 Barnes was offered a five-year prison term in exchange for pleading guilty to voluntary manslaughter with use of a weapon. Celli countered with an offer to admit involuntary manslaughter. At the time Rees said he would discuss the proposal with Bertain’s family.
Barnes, 48, has been in Humboldt County Correctional Facility for nearly two years. His hair is short and he is quite plump. He is in the courtroom, wearing a dress shirt and slacks and sitting at the counsel table next to his attorney. He and both lawyers are wearing masks.
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CORRECTION: Celli tells the Outpost that the state’s offer was for significantly more than five years. That offer was rejected, as was the counteroffer, Celli said. The Outpost regrets the error.
In addition, Celli wished to clarify that the weapon in question was a skateboard deck — i.e., a board without trucks or wheels.
Press release from the Humboldt County Sheriff’s Office:
On April 27, 2021, at about 10:45 a.m., Humboldt County Sheriff’s deputies conducting follow up on an investigation attempted to contact individuals residing at a residence on the 500 block of Forest Drive in Redway.
At the residence, deputies contacted 31-year-old Robert Joseph Cullen who was known to be on formal probation and had three felony warrants for his arrest. Cullen was taken into custody without incident. During a search of Cullen’s person, deputies located over 5 grams of methamphetamine. During a search of Cullen’s living space, pursuant to the terms of his probation, deputies located a firearm with a loaded, high-capacity magazine.
Cullen was booked into the Humboldt County Correctional Facility on charges of possession of a controlled substance while armed (HS 11370.1(a)), convicted felon in possession of a firearm (PC 29800(a)), person prohibited in possession of ammunition (PC 30305(a)), possession of a controlled substance (HS 11377(a)), revocation of probation (PC 1203.2(a)), possession of an illegal magazine (PC 32310), in addition to warrant charges of violation of probation, assault with a deadly weapon other than a firearm (PC 245(c)), evading a peace office (VC 2800.2), armed with a firearm in commission of a felony (PC 12022(a)(1)), possession of a controlled substance (HS 11378), transportation/sale of a controlled substance (HS 11379(a)), possession/sale of a controlled substance special allegation (PC 1203.073(b)(2)), possession of a controlled substance for sales (HS 11351), transportation/sale of a controlled substance (HS 11352(a)), armed with a firearm (PC 12022(c)), possession of over 14.25 grams of heroin (PC 1203.07(a)(1), person prohibited in possession of ammunition (PC 30305(a)), felon in possession of a firearm (PC 29800(a)(1)) and possession of a controlled substance while armed (HS 11370.1(a)).
This case is still under investigation.
Anyone with information about this case or related criminal activity is encouraged to call the Humboldt County Sheriff’s Office at (707) 445-7251 or the Sheriff’s Office Crime Tip line at (707) 268-2539.
Press release from the Humboldt County Sheriff’s Office:
On April 27, 2021, at about 2 p.m., a Humboldt County Sheriff’s deputy attempted a traffic stop on a gray Subaru wagon for a vehicle code violation on southbound U.S. Highway 101 near Herrick Avenue.
The driver of the vehicle failed to yield and attempted to flee from the deputy at a high rate of speed. The sheriff’s deputy, with the assistance of the California Highway Patrol, pursued the vehicle to Field’s Landing, where the vehicle eventually yielded on the shoulder of Highway 101.
The driver of the vehicle, 30-year-old Nathan Paul Sotelo, was taken into custody without further incident.
Sotelo was booked into the Humboldt County Correctional Facility on charges of evading a peace officer (VC 2800.2), unsafe lane change (VC 22107), unsafe speed (VC 22350), failure to stop at a stop sign (VC 22450(a)) and violation of probation (PC 1203.2(a)(2)).
Anyone with information about this case or related criminal activity is encouraged to call the Humboldt County Sheriff’s Office at (707) 445-7251 or the Sheriff’s Office Crime Tip line at (707) 268-2539.
Matthew
William Burwell passed away April 6, 2021. A warm person to those
fortunate enough to become close, his loss leaves a void to be filled
only by memories of his smile and distinct red hair (strawberry
blonde, according to him).
Matt,
born June 5th, 1990 at Redwood Memorial Hospital in Fortuna, had
hardly begun his life, but touched the hearts of many in such a brief
time. His passion for competition stretched from bowling to golf to
online video gaming and, above all, baseball. A lefty pitcher in the
truest sense, Matt peddled his craft from mounds in his lifelong home
of Humboldt County to the chilling plains of the Midwest over the
course of nearly 20 years, building lasting relationships along the
way. Not known for an overpowering arsenal, he relied upon a steely
resolve to manufacture success, with a fastball that would touch
70 MPH on a warm day and a signature looping curveball that drew the
ire of many batters. A consummate teammate, his wry sense of humor,
willingness and loyalty proved an asset to any roster he graced.
Our
mother would describe him as sensitive, his friends would call him
lovable, while I will forever remember him as ironically cantankerous
and joyful at his core. Certainly, he was a delicate balance of all
those things. Always eager to fetch a laugh from those around him,
Matt was often comically coarse in demeanor and dialogue, willing to
deliver or be the punchline to any joke. Quick to the defense of
himself and those he loved, it was a privilege to be one of those
with which he shared such exchanges, an all the more stark reality
now that he is gone. He was simply a great guy to have around at any
and all times.
The
outpouring of support following word of his passing validates the
resonance of his personality. For those closest, it is impossible to
imagine a world without him, a task we must all refigure daily. Matty
was part of all my plans, my dear baby brother, my Best Man to be. I
want his friends to think of his face whenever they read of a
hole-in-one, when they hear the crash of bowling pins or when they
see the trajectory of a slow-breaking curveball, as those are the
moments in which he would most want to be remembered, not for the
trivialities of his sporting accomplishments but for the bonds he
shared with those attached to them. For his family, we will think of
him every moment and see him whenever we look at each other or in the
mirror, as he is in all of us in varying ways, and we will do so
proudly.
Matt
is survived by his loving mother, Christine, his father, Dave, his
three brothers, Erik, Ian and Tim, and his twin sister, Megan, his
nephew David, his niece Meadow (the true light of his life), his
grandmother Doreen, his aunts, Julie and Sharon, Rhoda and Allison,
and his uncle, Phil, as well as many cousins and second cousins.
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The obituary above was submitted on behalf of Matt Burwell’s loved ones. The Lost Coast Outpost runs obituaries of Humboldt County residents at no charge. See guidelines here.
Ronald Gene McGee was born on June 30, 1947 in Los Angeles. He moved to Humboldt County with his parents Kenneth Gene McGee and Bernadine (Esser) McGee at the age of 2. His father Kenneth worked at the Scotia Mill and his mother Bernadine was a nurse. He passed away in his home on February 28, 2021 at the age of 73. He lost his ongoing battle with Chronic Obstructive Pulmonary Disease.
Ron is survived by Barbara Jean McGee of Eureka; sister Cindy Cartwright and brother-in-law Joe Cartwright of Summerville, Missouri; daughter Stacy McGee-Graham and her fiancé Cory Buchanan; his grandsons Cooper and Cody Graham of Roseville; and Daughter Courtney McGee of San Jose.
Ron graduated as a Fortuna High Husky in 1965 while being an active football and track star. Upon graduation, he enlisted in the United States National Guard and was then drafted into the United States Army. Upon graduation from training in April of 1967 in Fort Bragg, North Carolina he received his US Army Diploma and certificate of completion from the US Army Transportation School. After an accident, he became a disabled Army veteran. Ron graduated from College of the Redwoods in Eureka and attended Humboldt State University. His early hobbies and classes included photography, where he learned to process slide photographs.
Ron was a man of many lifelong hobbies, which included motorcycles, classic cars, camping, fishing, hunting duck, deer, elk, and abalone diving. Being an avid sportsman, he loved anything and everything outdoors that involved the sea and the redwoods. He owned several beloved boats out at King Salmon, but the most notable boat was his “Big Dipper”, which he would use for salmon fishing. He also had a little blue boat, “Little Dipper”, which he would use for trout fishing. His love for the sea and diving led him to become a volunteer for the Eureka Sheriff’s Marine Posse as a certified diver in 1977.
Ron was a longtime member of the Fraternal Order of Eagles (FOE #130), as well as a member of the Elks Lodge of Eureka. He spent many years playing recreational Men’s softball often held at Cooperstown Gulch Park in Eureka.
Ron was welcomed into heaven by his beloved parents Kenneth and Bernie McGee of Ducktown, Tennessee, his grandmother Helena Esser of Minnesota, His sister Karen McGee, and his brother Kevin McGee.
He will be truly missed by all who knew him and his sense of humor and quick wit. He would do anything for anyone who asked, with his genuine compassion for people touching a lot of hearts. His love for Christmas and Halloween will be dearly remembered as he would spend much time decorating inside and outside the house, and setting up numerous memorable exterior Halloween displays while living on Hillside Drive in Eureka during the 80’s and 90’s. He will be especially missed by his buddies Allan Wright, Steve Eckert, Mike Beck, Lanny Bravo, Dennis McBride, Jim Scholl and a few special neighbors out at King Salmon. Ron will be joining some of his lifelong buddies Ed Schneider and Richard Lorvig, who are waiting to welcome him with open arms and fishing poles.
Some of his favorite things to do in his free time were making Crab Cioppino during Super Bowl Parties, and watching the San Francisco 49ers and the San Francisco Giants games. He was surprised with tickets to the new Pac Bell Park for Father’s Day in 2000, one of his favorite experiences. Ron’s career included time with Mission Linen Supply, and a long career with the United States Postal Service of Eureka.
Ron was an avid photographer, writer, and enjoyed many artistic outlets. His parents had a very special place in his heart and wrote this poem in their memory:
“We’d like the memory of us to be a happy one. We’d like to leave an afterglow of smiles when life is done. We’d like to leave an echo whispering softly down the ways, of happy times and laughing times and bright and sunny days. We’d like the tears of those who grieve, to dry before the sun, of happy memories that we leave when our life was done. I go now to that real, sunshine of my life. That happy loving Bernie the one I called my wife. Thanks to all we’ve known. With love, Ken & Bernie McGee. Will we meet those we lost? Damifino.”
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The obituary above was submitted on behalf of Ron McGee’s loved ones. The Lost Coast Outpost runs obituaries of Humboldt County residents at no charge. See guidelines here.
On the evening of April 22, Richard Nunes, affectionately known as “Chick,” passed away at the age of 84. A life full of love and laughter leads to this day where he leaves behind his loved wife Judy Nunes, sons Bryan Nunes and Ken Nunes, as well as two daughters-in-law, four grandchildren, and two great-grandsons. Being that Chick was the youngest of fifteen siblings, there are countless family and friends that have also been influenced by Chick’s full life.
Chick was born in Visalia, where he spent his early years on a farm. Somewhere around the age of nine, his parents moved to Holmes Flat. It was there that many long-lasting friendships and memories were made before and while working in the logging and timber industry.
Chick is and always will be remembered for his love of family, eagerness and willingness to give a lending hand, being positive in the most difficult of circumstances, and always finding the funny side of life by cracking a wise joke followed by his all-too-famous signature laugh.
He is loved and will live in our memories forever.
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The obituary above was submitted on behalf of Chick Nunes’ loved ones. The Lost Coast Outpost runs obituaries of Humboldt County residents at no charge. See guidelines here.
Screenshots from Tuesday’s meeting (clockwise from top left): First District Supervisor Rex Bohn, Second District Supervisor Michelle Bushnell, Third District Supervisor Mike Wilson, Fourth District Supervisor Virginia Bass, Sheriff Billy Honsal and Fifth District Supervisor Steve Madrone.
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As calls for criminal justice reform continue nationwide in the wake of the murder of George Floyd by a Minneapolis police officer, the Humboldt County Board of Supervisors spent much of Tuesday’s meeting debating a California bill that would lift restrictions on who can run for sheriff.
The proposed law, Senate Bill 271, would open the position to all registered voters, repealing restrictions enacted in 1988. Proponents, including Sen. Scott Wiener of San Francisco, argue that it would improve accountability and boost diversity. Wiener has criticized a few specific sheriffs for cooperating with immigration authorities, refusing to enforce COVID-19 public health orders and/or operating jails that are “not exactly up to snuff in terms of protecting human rights, access to health care and helping people to actually stay alive while they are in jail.”
Meanwhile, law enforcement groups, including the California Police Chiefs Association and California State Sheriffs’ Association, have come out strongly against the bill, arguing that Police Officer Standards and Training (POST) certification serves an important public safety function and that opening eligibility to virtually anyone would “overly or overtly politicize this office.”
First District Supervisor Rex Bohn and Second District Supervisor Michelle Bushnell brought forward a letter of opposition to the bill Tuesday, asking their fellow board members to authorize the chair to sign it and send it off to Sacramento. After a lengthy debate and some minor wordsmithing, the board approved the letter via a 3-1 vote, with one abstention.
“To me, this one just doesn’t make a lot of sense unless you’re trying to tip the scales politically,” Bohn said. He argued that sheriffs in rural counties like Humboldt are “working sheriffs” rather than mere managers or executives and they should know the law because they often have to step in and actually enforce it.
Bushnell agreed, saying it’s important for sheriffs to be in touch with their deputies and know what they’re up against. “I have a lot of concerns about this bill,” she said.
Humboldt County Sheriff Billy Honsal also voiced his opposition to the bill, and he tied his argument to other efforts at police reform. He noted that there’s a push to raise the age and education requirements for becoming a law enforcement officer. “If we’re thinking about the entry level of law enforcement officers getting higher training … why wouldn’t we require that for the chief executive of the sheriff’s office?” he asked.
Honsal also noted that the law would allow someone who has been decertified in law enforcement to get elected sheriff.
But Fifth District Supervisor Steve Madrone said he’s not worried about Humboldt County voters electing an unqualified candidate, such as an 18-year-old with no training.
“I don’t have a problem with the [proposed] law, personally,” he said. “Variety and competition is a good thing.” Instead, he suggested that there should be more funding for street outreach workers to accompany deputies as a way to facilitate de-escalation in conflicts with those who may be suffering from mental illness.
Third District Supervisor Mike Wilson said his position is “fairly nuanced” and questioned the wisdom of opposing a bill that’s still being workshopped in the legislative process.
“I’m not sure this is ripe yet,” he said. “Negotiations are still happening. I have a hard time even voting on this without knowing where this is gonna go. … If this moves to a vote I’ll probably abstain.”
That left Fourth District Supervisor Virginia Bass as the swing vote, and she seemed to waffle back and forth during the discussion. She initially agreed with Wilson that the pending legislation is “not ripe” and said she was uncomfortable sending a letter stating blanket opposition to the bill. “We could do ‘opposed unless amended,’” she suggested.
The lone public commenter for the item, Karpani Burns (no relation to this reporter), lambasted the board’s proposed opposition as an attempt “to sustain the elite power structure and status quo.”
“To have our elected representatives dig in and resist the inevitable like petulant children having their lollipops taken away is again revealing,” Burns said.
Bass suggested holding off on a letter for now and asking Honsal to return in a few weeks to revisit the topic. Bohn, in turn, suggested writing that the board opposes the bill as currently written. A few other variations of phrasing were tossed around, but both Bohn and Honsal held firm in their conviction that the letter should state opposition.
The board wound up voting on a letter in which the chair, on behalf of the board, writes “to express respectful opposition to the bill as written due to concerns [about] how it affects rural counties.” Bohn, Bushnell and Bass voted in favor, Madrone voted against and Wilson abstained. The motion carried.
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The board must have been in a debating mood because the next item on the agenda — which was billed by Deputy Director of the Land Use Division Bob Bronkall as a mere “cleanup ordinance” to correct “a scrivener’s error” and remove unnecessary wording from county code — sparked a board discussion about subdivision and housing development.
Both Bohn and Madrone said they’d like to simplify the permitting process and reduce fees on small-scale subdivisions as a means to stimulate housing starts.
Wilson countered that there’s a lot of pressure from real estate interests to develop housing in rural, remote locales rather than existing cities. “Wewant to be careful about the long-term costs and impacts with relationship to sprawl,” he said.
Planning and Building Director John Ford stepped in to say those matters could be brought back to the board at a later date, but today’s item was just about cleaning up an existing ordinance. The board voted unanimously to approve staff’s recommendation.
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Image via the County of Humboldt.
Lastly, before adjourning to closed session, the board considered a request from the Bridgeville Community Center to approve a pair of speed humps for Kneeland Road, on either side of the entrance to Bridgeville School.
The community center, a nonprofit, has identified grant funding to build the speed humps, but it needed approval by the board. The little town of Bridgeville, as you may recall, is owned by a private corporation, Bridgeville Properties,
LLC, in care of a SoCal resident named Cynthia LaPaille. According to a staff report, she can’t bring the matter to her board of directors for approval until June, which is past the application deadline for the grant.
But the proposed speed humps have support from neighboring property owners, the Humboldt County Sheriff’s Office, the Bridgeville Fire Department and CalFire, and after a brief discussion at today’s meeting, the board unanimously added its own approval to that list.
