File photo: Andrew Goff.

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Judge Gregory Elvine-Kreis has denied a defense motion to suppress evidence gathered by a Humboldt sheriff’s sergeant during a federal raid on Arcata rancher Ray Christie’s property in October.

Elvine-Kreis said Sgt. Josh McCall had the right to collect evidence after spotting dead and dying animals on the ranch, even though he and other local officers did not have their own warrant to search the property. They had been asked to assist federal agents, who conducted the raid looking for evidence that Christie committed wire fraud or mail fraud.

Specified duties for the local officers included establishing a perimeter on the ranch on Jackson Ranch Road, escorting federal agents onto the property and securing all buildings on the ranch.

It was when McCall was in the process of securing the property that he spotted several dead or dying animals in a pen. Other animals in poor condition were found in the barn.

“Is that why you decided to look at other animals?” Deputy District Attorney Steven Steward asked McCall while he was testifying during today’s hearing.

“Yes,” McCall said. “I thought there could be other animals on the property in the same condition.”

Over the next few hours, McCall proceeded to film 16 videos and take 27 photographs at the ranch. The evidence was turned over to the prosecution, and Steward plans to use it during Christie’s second trial on animal cruelty charges.

Steward said after the hearing that he does not intend to file additional charges against Christie. Instead, the information will be presented as character evidence during the trial.

Lead defense attorney Rick Richmond argued McCall collected evidence with no warrant and no authority.

“Everything he did was unconstitutional,” Richmond told the judge. He said local officers were tasked with specific duties, and they did not include conducting their own investigation. In fact, Richmond said, the lead federal agent told them not to take photographs.

During the raid, McCall called Steward at the DA’s Office to tell him what was going on. He said Steward asked him to document what he found.

“Did you say ‘I’ve got probable cause, will you go get me a warrant?’ “ Richmond asked.

“No.”

Richmond brought up the fact that Christie buys cows in poor condition, and those cows come from other ranches. Yet those ranchers aren’t being investigated. Also, the sickly cows are bought at the Fortuna auction, yet the auction isn’t being investigated.

Elvine-Kreis, in ruling that McCall acted legally, said “You can’t ask an officer who’s there to assist to turn a blind eye … once he’s there he can’t ignore his obligation.”

The judge said he believed McCall acted in “good faith.”

Richmond responded that the local officers weren’t acting in good faith at all.

“I think they were doing everything they could to find evidence that Ray Christie committed a crime,” he said.

Christie was already tried once and convicted of numerous misdemeanor charges of dumping cattle carcasses within 150 feet of state waters. But the jury deadlocked on four felony counts of animal cruelty, with only one juror refusing to convict.

The next trial, scheduled to begin Jan. 31, will focus only on the animal cruelty charges. But evidence gathered during the March 2018 raid that led to those charges in now in question. Richmond has filed a motion to dismiss the charges because, he says, “most of the evidence has been lost or destroyed.”

Elvine-Kreis will hear the motion to dismiss on Jan. 7.

With that and other legal issues unresolved, Richmond is expected to file a motion to delay the trial.

Elvine-Kreis is brand-new to the Christie case. He said he received it on Friday. Judge Christopher Wilson presided for almost three years, but judges were recently assigned different duties.

As to the federal investigation of possible wire fraud or mail fraud, as yet no federal charges have been filed.

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