File photo.

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A man sought by police for an alleged stabbing in January has since been apprehended, but the Humboldt County District Attorney’s Office has confirmed it won’t file charges against Cody Sides for the incident in Willow Creek.

A search warrant for the arrest of Sides was active for months after a woman alleged that, as she was refueling her truck alongside State Route 299 on January 8, she was stabbed by Sides. She was taken to the hospital for treatment, the Humboldt County Sheriff’s Office reported.

A since-removed GoFundMe page stated the woman “sustained life-threatening injuries and was rushed into emergency surgery to repair damage to her stomach, colon and pancreas,” according to the Times-Standard.

However, reviewing the case in April, the Humboldt County District Attorney’s Office found insufficient evidence to charge him for the stabbing.

[CORRECTION: We originally stated that Sides was arrested in April, not that the district attorney had reviewed the case then. We’ve corrected that. Apologies.]

“Charges were not filed as there was insufficient evidence to prove a crime beyond a reasonable doubt,” wrote Humboldt County District Attorney Stacey Eads in an email, a decision she said was based upon investigative reports submitted by law enforcement.

“Sometimes for cases we review there is probable cause to believe a crime occurred, however, in our evaluation the existence of conflicting statements, lack of corroboration, credibility issues, self-defense or other evidentiary considerations preclude us from being in a position to file charges as there is not sufficient admissible evidence to prove the crime beyond a reasonable doubt,” she explained, noting this determination is always a case-by-case analysis.

Separately from the alleged stabbing, the office has charged Sides in two cases this summer. He was arrested by the California Highway Patrol August 7, and charged last week with firearm and ammunition possession with a felony conviction, plus misdemeanors like possession of a switchblade in a vehicle, possession of burglar’s tools and drug charges. A separate misdemeanor drug case was filed in July.

He has pleaded not guilty to all charges.

His attorney did not want to comment. A HCSO spokesperson did not immediately return an email seeking further information.

Possible Conflict Issues for Hoopa Shooting Defense Attorney

The defense attorney representing one suspect accused of murder for the fatal shooting of 17-year-old Dylan Moon in Hoopa has raised possible conflict issues that could preclude her from representing the defendant. This could mean further delays in the case that has gripped the community.

Judge Steven Steward will decide next week on attorney Rebecca Linkous’ request to hold a confidential one-on-one hearing with him over possible conflicts she said came to her attention after reviewing gang-related evidence from the District Attorney’s office.

Linkous represents defendant William Warren. Along with murder, Warren and co-defendant Tse-Lin Lincoln are accused of assault charges, each with gang-related enhancements that would add additional jail time if they’re convicted.

The unusual request to have the judge review the type of conflicts personally and confidentially was appropriate, Linkous argued, because of the nature of these gang allegations.

Linkous pointed out she holds seven years of experience working on gang cases in another county, and was concerned Humboldt County would be unable to find another attorney with similar experience.

Both defense attorneys are private, and were hired by the county to represent the suspects after both the Conflict Counsel and Public Defender’s offices declared conflicts in the case.

Lincoln’s attorney, Andrea Sullivan, did not have an opinion on the matter.

But prosecutor Roger Rees opposed the private meeting with the judge, called an ex parte in camera hearing.

He argued the meeting serves no purpose but to give legal advice to Linkous, arguing she was seeking a “second bite of the apple” because Judge Lawrence Killoran had previously denied a similar request.

When asked by Steward, Rees confirmed the District Attorney’s office plans to continue with the gang allegations.

Judge Steward said the private meeting “may be appropriate,” but he was unsure today, noting earlier he’d not previously ran into this issue. The matter was scheduled for August 26. The preliminary hearing is also set to be scheduled on this date.

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New Wrinkle in Daryl Ray Jones Mental Health Diversion 

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After much back and forth over which judge would oversee last week’s mental health diversion hearing for school threats suspect Daryl Ray Jones, a new wrinkle has emerged.

A new judge will be tasked with deciding whether he’ll be diverted into treatment after an appeals court overturned a previous ruling.

Judge Kelly Neel was set to decide today whether Jones would be offered treatment and have criminal proceedings against him paused. But Monday, the court of appeals commanded the Humboldt County Superior Court to overturn a ruling on a motion to disqualify a judge.

Earlier, the DA’s office had used a peremptory challenge to attempt to disqualify Judge Neel. This type of measure allows attorneys to disqualify a judge, without needing to prove or give reason why they believe the judge is prejudiced in the case.

In a previous hearing, Jones’ attorney had pushed back against this effort to disqualify Neel, who has otherwise seen a blanket disqualification by the District Attorney’s office.

Judge Timothy Canning had denied the District Attorney’s Office’s challenge to Judge Neel being assigned to the casee, and she oversaw a hearing last week where a psychologist testified on Jones’ suitability to be diverted from criminal proceedings.

But on August 17,  the Court of Appeals overturned this, according to court records. The Humboldt County Superior Court followed by granting the challenge against Neel, in an order signed by Judge Canning.

Multiple other Humboldt County Superior Court judges have been disqualified from hearing the case, as the threats affected many in the community — the calls included multiple businesses, schools and daycares. Neel’s child goes to a school that received threats, the prosecution said when seeking to disqualify her.

According to court records, the next hearing on the matter will be held Monday. The case will be reassigned to a different judge, according to Canning’s order.