The preliminary examination for a man accused of attempted murder for allegedly attacking a 75-year-old man in the Arcata Community Forest began Thursday.
The proceedings involved questioning of witness Cameron Neff, an Arcata Police Department officer, who interviewed 51-year-old suspect Shawn Kolpak following his arrest and responded to assist with the crime scene.
Under questioning from the prosecution, Neff testified Kolpak appeared to have a problem who stacked sticks in the forest (who was referred to as “the stick person” during today’s hearing) and testified Kolpak had called Arcata police the week prior to the attack to report a person stacking sticks.
Victim Bill Spenceley’s friend had reported Spenceley would often pick up sticks off the trail to maintain the path and stack them, something he informed Neff of following the attack.
During questioning, Neff said Kolpak told him he was “annoyed by the person who was stacking sticks,” but not so annoyed he would do anything.
Deputy District Attorney Roger Rees questioned Neff on Kolpak’s general state of mind — Kolpak told Neff he stayed in the van he lived in for 20 hours a day to avoid interacting with people, and was afraid of interacting with others.
He told Neff he didn’t feel that way in custody and was relieved to be arrested —something Rees argued was evidence of at least a minimal awareness of guilt, with Deputy Public Defender David Celli strongly disagreeing.
Kolpak and Spenceley each hiked in the community forest every morning, and Neff said they exchanged good mornings. Neff said Kolpak was walking in the forest the day of the attack, January 30.
Deputy Public Defender David Celli objected to a number of pieces of the testimony — and called for it to be stricken from the record.
He noted Thursday’s testimony hinged on another officer reading his client his Miranda Rights, and Judge Kaleb V. Cockrum agreed to strike the testimony later if it were found that he hadn’t been read his rights, but allowed for the questioning to continue.
Celli questioned Neff on how many people walk in the forest — pointing out the forest has multiple access points throughout town and hundreds are on the trails daily.
He also sought to hear what Spenceley’s friend had told him about mountain lion sightings in the forest, his possible dislike of mountain bikers, and information that Spenceley had fallen recently — though Rees objected to hearsay for these pieces of evidence and many were stricken from the record.
The preliminary hearing aims to determine if there is sufficient evidence to hold Kolpak for a trial — the hearing is set to continue Friday.
Celli sought a fact-finding hearing for another case, if any information was brought up in the hearing. In this separate, open case, Kolpak is accused of assaulting an employee of Eureka Natural Foods in McKinleyville with an exercise weight.
For Spenceley’s attack, Kolpak was charged with attempted murder and aggravated mayhem, with an enhancement due to the age of the victim. Aggravated mayhem is punishable by life imprisonment in state prison.
Kolpak is being held in the Humboldt County jail without bail and appeared while in custody.
According to a Monday update from his family on GoFundMe, Spenceley remains in a “very slow recovery phase.”
“There have been moments when he responds to commands that give us hope for a full recovery. But there are also setbacks, including breathing complications that have required him to return to the ICU,” said the GoFundMe, which asked for support and prayers for the man.
The update said his loved ones are playing his favorite music and old family songs. “You can tell he hears them and is listening, which brings comfort and hope to our hearts.” The update said Bill still has a long road ahead and describes Bill as a fighter.
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