SORIA TRIAL: In Closing Arguments, Dueling Attorneys Ask Jurors to Decide When, Exactly, the Defendant Lied
Rhonda Parker / Saturday, Oct. 29, 2022 @ 11 a.m. / Courts
A pack of lies, or testimony that stands uncontradicted?
Self-defense? Or a cold-blooded intent to kill?
On Friday attorneys in the jury trial of murder-for-hire suspect Isreal Soria Jr. presented their closing arguments, with Deputy District Attorney Luke Bernthal urging jurors to believe what Soria told the deputy who arrested him: that he was hired by the Norteño gang to kill McKinleyville resident Dylan Eubanks for stealing from the gang.
In contrast, Bernthal argued, when Soria took the witness stand to present a new story, his “ridiculous’’ testimony was “a pack of lies” that should be entirely disregarded.
But defense attorney Christina DiEdoardo told the jury Soria made a false confession because he was high on drugs and alcohol. And because Eubanks did not testify, she said, Soria’s testimony about June 2021 shooting was never countered.
Soria testified he was not ordered to kill Eubanks but acted on his own after seeing Eubanks on Snapchat boasting about his guns and marijuana. His only plan was to rip Eubanks off. Further, he says, he fired 11 rounds at Eubanks only because Eubanks was preparing to shoot him with an assault rifle.
Eubanks told the ambulance crew he was shot while talking on his cellphone in the kitchen. The bullet shattered his right forearm and lodged in his wrist. Bernthal, showing jurors a photo of the wound, said the path of the bullet shows Eubanks had his arm up, as in holding a cellphone to his ear. Soria testified Eubanks was holding an assault rifle and his arm was down.
It is “physically impossible” that Eubanks was shot with his arm down, Bernthal said.
“Mr. Soria told you a lot of lies over the past couple of days,” he said. “This was probably his biggest one.”
Soria says he first walked up to Eubanks’s front door, looked through a window and saw Eubanks holding a machete. He panicked, ran to a back window outside the kitchen and then saw Eubanks holding an assault rifle and “cocking it back.”
When officers searched the house, no weapons were found. Bernthal said Eubanks, after being shot, would have kept the assault rifle to protect himself. And why didn’t he fire at Soria after being shot?
“He didn’t fire back because he was never armed,” the prosecutor said.
Bernthal argued Soria stayed in Eubanks’s neighborhood after the shooting because he intended to finish his job. And while being questioned after his arrest, he asked more than once if the person who was shot had been murdered.
“He’s trying to confirm his kill,” Bernthal said.
Soria claims he confessed only because he had consumed huge amounts of alcohol and drugs.
“We know he’s lying about that,” Bernthal said. Former sheriff’s Deputy Jordan Walstrom, now a police sergeant in Willits, arrested and interviewed Soria. He saw no signs of intoxication. Walstrom also said if someone had ingested the quantity of drugs and alcohol that Soria claimed, he would have been barely able to move.
DiEdoardo, in her closing argument, said it was Walstrom’s privilege to opine that Soria was not under the influence.
“Mr. Soria said he was,” DiEdoardo argued, “and the jail nurse agrees.”
When Soria was booked into Humboldt County Correctional Facility, the nurse evaluating him indicated he appeared to be either under the influence or suffering from withdrawal. The nurse did not testify.
As to what the path of the bullet shows, “Neither Mr. Bernthal nor I are ballistics experts,” the defense attorney said.
She said Soria was under the influence of “multiple mind-altering substances” when he confessed, and he had been under the influence for several days.
“So he says some crazy things to Sgt. Walstrom,” DiEdoardo explained. She described Soria’s confession as “noise.”
Also noise, DiEdoardo said, were taped phone conversations between Soria and family members when he was incarcerated. He later posted bail and remains out of custody.
Soria was trying to act tough, she said, because while on the phone he was near Norteño gang members and was afraid to be overheard.
But Soria also admitted many times during those phone conversations that he had “ratted myself out, threw myself under the bus, snitched on myself.”
“It’s all there in black and fuckin’ white,” he said at one point.
DiEdoardo stressed no-one has countered Soria’s testimony about firing in self-defense.
“Only two people know what happened and you only heard from one of them,” she told the jury. “It’s uncontradicted testimony.”
Soria, she said, “had every reason to believe Mr. Eubanks was going to shoot him. He fired and fired and fired; he wasn’t even looking at Mr. Eubanks.”
Soria testified he had his head down, looking away, when he fired the 11 rounds into the kitchen.
And Soria’s account of the incident, DiEdoardo said, “is the only evidence you have.”
“The shots were not aimed at all,” she said, “let alone with intent to kill.”
DiEdoardo questioned why, if Soria had a plan to commit murder, he didn’t shoot Eubanks when he first spotted him holding a machete.
“Wouldn’t that have been the moment to do it? And Mr. Soria doesn’t shoot.”
What should have Soria done, she asked, when he saw Eubanks loading an assault rifle?
“Should he run? You can’t outrun a bullet.”
As to officers finding no weapons in the house, DiEdoardo pointed out Eubanks’s bedroom was not searched. And officers only searched places large enough to conceal a person.
Also, she said, Eubanks’s roommate testified she was allowed to enter Eubanks’s house after the shooting. He was lying wounded and bleeding on the ground and was asking for his cellphone.
“We don’t know how long she was in there or what she might have moved,” DiEdoardo said.
Soria’s charges include attempted first-degree murder, attempted robbery, attempted burglary and firing into an inhabited dwelling. He essentially admitted to attempted burglary and robbery by testifying his plan was to arm himself and steal from Eubanks. It’s also clear he fired into an inhabited dwelling.
As to the argument of self-defense, if Eubanks did arm himself after hearing an intruder outside his home, can the intruder claim self-defense after he shoots him? That’s up to the jury to decide.
Because the prosecutors have the burden of proving guilt, they are allowed two closing arguments. Deputy District Attorney Trent Timm is scheduled to rebut the defense argument on Monday morning.
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PREVIOUSLY:
- Crescent City Man Arrested for Attempted Murder After McKinleyville Shooting; Victim Expected to Survive
- McK GANG SHOOTING: Prosecution Rests Case Against Crescent City Man Accused of Attempted Gang Murder
- Despite Confession, McK Attempted Murder Suspect Claims He Only Wanted to Rob His Victim
- SORIA TRIAL: Accused Gunman in Alleged McK Murder-For-Hire Case Suddenly Admits Owning Loaded Revolver Found at the Scene
BOOKED
Today: 7 felonies, 10 misdemeanors, 0 infractions
JUDGED
Humboldt County Superior Court Calendar: Today
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Governor’s Office: Governor Newsom invites LA Fire survivors to continue shaping rebuilding efforts through Engaged California
Governor’s Office: Following Trump cut to LGBTQ youth suicide hotline, California steps up to fill the gap
RHBB: Butler Fire Grows to 9,191 Acres, New Evacuation Orders Issued for Forks of Salmon Area
Governor’s Office: TODAY: Governor Newsom to provide update after visiting Los Angeles communities affected by immigration raids
THE ECONEWS REPORT: Grrrroovy Eel River Issues
The EcoNews Report / Saturday, Oct. 29, 2022 @ 10 a.m. / Environment
Photo: Alicia Hamann.
This
week on the EcoNews Report, your host Tom Wheeler chats with Friends
of the Eel River’s Alicia Hamann about the fantastic news that the
Grrrreat Redwood Trail is finally in the clear from threats to take
the public right of way. It’s now full steam ahead on trail master
planning - tune in to learn about how you can be involved, and check
out greatredwoodtrailplan.org.
And in other grrrroundbreaking news: Alicia shares information about the lawsuit just filed to protect public trust flows impacted by unregulated groundwater extraction in the Eel River.
LINKS:
- “Friends of the Eel River Sues to Protect Public Trust Flows In The Lower Eel River,” FOER, Oct. 27.
- The Great Redwood Trail Masterplan
- “Protecting the Eel River Canyon,” FOER.
THE HUMBOLDT HUSTLE: Jam is Humboldt’s Premier Social Media-Driven Underwear Designer to Celebrities and Van Lifers
Eduardo Ruffcorn-Barragán / Saturday, Oct. 29, 2022 @ 7:30 a.m. / The Humboldt Hustle
Photos: Andrew Goff.
For the first time in her life, Jamisha “Jam” Jamison is not on food stamps. And that’s because she was able to merge her creativity with her hustle.
Under the Instagram handle @studio_ten_fifteen_, the 40-year old Eureka resident sells underwear internationally.
“I’ve sold sets to people in Australia, other countries, and some A-list celebrities,” Jamison told the Outpost recently.
At $120 a set, top and bottoms, it’s rare for Jamison to make a batch of the same set more than once. The fabrics she uses range from cotton to cashmere. There’s limited quantity, and with over 34,000 followers on Instagram there’s no way to meet any sort of demand.
“I make what I want to see,” Jam said. “I only like making things that resonate with me.”
Jamison plays with fabrics and colors and when she lands on something she likes, she will post on her Instagram stories for pre-orders to begin. You can only preorder a set via direct message. You give her your name and address, and pay via Venmo or Paypal.
Her preorders are limited to 15 sets. That means 15 people get the set and Jamison will not make that design again.
There is no schedule, no announcements — it all happens whether you pay attention or not. Jamison brings a level of artistry to her craft without any outside influences. In one case, she took a fabric that was meant for upholstery and made a set of her underwear with it.
Jamison came to Humboldt from Riverside in January 2013 with her six-month old baby. She immediately began working at her brother’s store in Arcata. Because she was working for her brother, she was able to take her child to work and continue to breastfeed.
It was the only way she could afford living here since childcare costs, on average, are more than what you pay in rent. Plus, breastfeeding is a full time gig in and of itself. This way she was able to spend time with her baby, feed her baby and earn a wage.
Before Studio Ten Fifteen, Jamison made baby shoes for her little one.
She made baby shoes with a pattern based on the children’s book “Where the Wild Things Are” and people took notice. Enough people asked, and so she began to display some of the shoes at her brother’s business. It quickly snowballed into customers asking if she could make matching outfits for the shoes they were purchasing.
Often, too, she would make things using the African fabrics in her brother’s store, and somehow she made the time to go out and sell at the local market events in town. In some of the shoes she would incorporate lavender, so that when the baby’s feet are exposed to the sun the lavender would warm up and fill the air with its scent to soothe the baby.
Jamison primarily bought fabrics from Fabric Temptations in Arcata, but then started to find other fabric dealers online and ultimately started making her own fabrics in 2014.
“I
haven’t made my own fabrics in a while, but I like finding things
that other artists make and using that to make what I like,” she
said.
Jamison recalls the first market she did was on the Fourth of July in 2014. Then she was invited to one in Trinidad. At $18 per pair, she managed to pay her bills and slowly transitioned out of her brother’s business. For a while she made baby shoes full-time out of her studio.
At one point in 2017, Jamison shared the space at the Sock Shop in Eureka to sell her baby shoes. After her day ended there she would also do a pop-up kitchen at Siren Song Tavern. However, in 2018 she stopped regularly making baby shoes but still sold what she had at the North Country Fair.
From there she started doing odd jobs for a while to survive. Things like watching people’s kids, cleaning people’s homes, helping people with their properties and helping on farms.
“Anything to cut it,” Jamison said.
One day, a friend of Jamison’s who is a graphic designer made a card with an underwear design on a clothesline.
“I thought they were so pretty, I would love to make those real underwear,” Jamison said. “So I did.”
She made underwear that included lace and other common design elements. She would again sell at local events and had a decent response to those early designs. Jamison still has fabric from some of those early pieces but veered far away from those designs toward what she makes today.
Jamison strictly seeks out fabrics that she loves. In one case, she sought out a fabric that had been out of print for years. She contacted the folks that made the fabric and they were able to track down the last 15 yards of it at a store in Georgia. She bought it and intends on making something for herself.
Then Jamison began noticing the rising popularity of the van-life aesthetic and wanted to capture it somehow. Van-life aesthetics can vary, but generally the people in it have a clear idea about how they want their lives to look and they photograph it. It was a market that Jamison knew she could tap into.
She describes it as warm, comfy and cozy.
So she searched the depths of Instagram for “Thermal Underwear” and was returned no results. She began to make and sell thermal underwear to the point that she now refers to it as van-life underwear. With that, her popularity exploded.
“I started getting about a thousand followers every day for a while,” Jamison said.
It seems that the popularity of her page hardly affects her. She makes her sets in a tiny shared space tucked away in one of the far ends of Old Town Eureka. Working six days a week from sunrise to sundown, Jamison has not compromised her creative process in any way.
“At one point I tried to sell three pieces a day, but it’s hard.” Jamison said, “It’s just me.”
She wants to eventually hire help but certain projects are taking the most of her time. Most recently, she designed hand-made pieces for the cast of an independent film. But she’s looking to expand beyond underwear, and she’s trying to make Studio Ten Fifteen something larger than herself, and she’s launched a GoFundMe in hopes of getting there.
“I’m hoping to have some pants and some really cool jackets coming out soon,” Jamison said. “I like making size-inclusive clothing. It makes people feel good and I love it.”
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PREVIOUS HUSTLES:
- THE HUMBOLDT HUSTLE: Meet the Instagram-Powered Master Baker With the 15-Second Commute
- THE HUMBOLDT HUSTLE: For These Entrepreneurs, a Mobile Bar Operating Out of a Horse Trailer Has Been Both a Business and a Path From Solitude to Community
- THE HUMBOLDT HUSTLE: To Get Through the Lean Times, This Biologist Turned Himself Into a High-End Bladesmith
OBITUARY: Gary Milton Albee, 1936-2022
LoCO Staff / Saturday, Oct. 29, 2022 @ 6:56 a.m. / Obits
Gary
Milton Albee passed away at home on October 19, 2022, at the age of
86. He was married to his loving wife Janice for 63 years.
Gary was preceded in death by his parents Milton and Florence Albee, his brother Gordon and wife Joan Albee, his aunts Mabel Albee and Mildred McIntosh, his cousin Pat McIntosh and his brother-in-law Peter Vallerga.
He is survived by his wife Janice Albee, his sons Bryan Albee of Rohnert Park; Brad Albee and wife Carolyn of Eureka; his grandchildren Jocelyn Albee of Chico and Eliott Albee of San Francisco; his sisters in-law Carlotta Vallerga and Linda Walling of Windsor; his nieces Teresa (Steve) Brooks of Healdsburg, Jeanne (Jeff) Dyche of Santa Rosa, Marci (Bruce) Dyche of Windsor, Marta (Howard) Holcomb; and nephews Milt (Martha) Albee of Benbow, David (Deedee) Vallerga of Arcata and Todd Walling of Santa Rosa; and special life-long friends Lee Roy Armstrong of Eureka and Elinor Lingard of Eureka.
Gary was a lifelong resident of Eureka and graduated from Eureka Senior High School in 1954. In 1961, he served in the military during the Cuban Missile Crisis and spent one-year in the local 250th Army Reserve while stationed in Tacoma, Washington.
Involved with the grocery business his entire working life, Gary worked for his Aunt Mabel Albee during high school at Albee & Buck. After high school, he worked at Cannam’s stores, Kacy’s Market and other local grocery stores. In 1968, Gary and Janice purchased C&V Market, for which they ran for many years. When he retired at age 71, Gary was a salesman for CoreMark.
He enjoyed camping trips with his family and often spent time at Benbow, Fort Bragg and on the Oregon coast during the summer months. In retirement he was a volunteer at the Clarke Museum and also served on its board of directors for many years. He especially enjoyed visiting with guests of the museum and sharing stories of life in Eureka. As a member of the Native Sons of the Golden West, he attended several of their meetings each year.
During their marriage, Gary and Janice enjoyed each other’s company and often participated in many local events,
The family would like to thank Hospice of Humboldt for the care they provided to Gary in his final months, especially nurses Lee Ann and Sadie.
Services for Gary will be held November 5, at 2 p.m., at the First Presbyterian Church, 819 W. 15th Street, Eureka, California. In lieu of flowers, donations can be made to the Hospice of Humboldt, the Clarke Museum or a charity of your choice.
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The obituary above was submitted on behalf of Gary Albee’s loved ones. The Lost Coast Outpost runs obituaries of Humboldt County residents at no charge. See guidelines here. Email news@lostcoastoutpost.com.
OBITUARY: Elmer Jay Hames, 1939-2022
LoCO Staff / Saturday, Oct. 29, 2022 @ 6:56 a.m. / Obits
Elmer Jay Hames
April 8, 1939 – Oct. 16, 2022
It is with a heavy heart we tell of Elmer J. Hames passing. Elmer (my dad) always told me, “If you couldn’t find the humor in any given situation, it wasn’t yours to play with.” He had many such tokens of wisdom and I am grateful he shared them.
He had many occupations in life, held knowledge of many skills, and shared them and his time freely.
He would help folks with out regard to the losses they may suffer. This was evident to those who knew him. He was stubborn when he set his mind to something and there was no swaying him.
He grew up in the Willow Creek area and lived there his whole life. I was going to share many things about my dad’s life here but have decided to share these at his celebration of life at a later date.
Elmer was preceded in death by his parents Jay Buck Hames and Vivian Luree Hames, his brother Delbert Leroy Hames, and his sister Betty Lorraine Hames. His wife Lorraine “Lou” Forbes and many family and friends too numerous to list.
He is survived by his brother Gerald Hames of Port Orchard, Washington; his daughters Ann Tornbom of Bend, Oregon and her two sons, Allison Hames of Mckinleyville and her seven children; grandson Anthony Hames of Bend, Oregon as well as six great-grandchildren. A very special thank you to Patrick Shannon for allowing my dad to stay in his home until his passing — without your emotional and financial support this would not have been possible. And to Kelly who spent my dad’s last day/evening with him quietly talking and comforting him. And all the staff at Six Rivers Medical: Thank you.
A celebration of life is being planned as there will be no services.
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The obituary above was submitted on behalf of Elmer Hames’ loved ones. The Lost Coast Outpost runs obituaries of Humboldt County residents at no charge. See guidelines here. Email news@lostcoastoutpost.com.
No Charges Against Willow Creek Shooter, District Attorney Says; Investigation So Far Shows Victim the Aggressor, Shooting Justified
Rhonda Parker / Friday, Oct. 28, 2022 @ 5:53 p.m. / Courts
PREVIOUSLY:
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A man arrested for shooting a 17-year-old boy to death in Willow Creek has been released from jail with no charges filed.
Peter Norton, 25, arrested for suspected murder early Sunday morning, was freed Wednesday after the district attorney had not filed charges within the mandated time. District Attorney Maggie Fleming, though she said the investigation is continuing, said it appears the shooting may have been justified.
“The investigation to date includes statements by witnesses to the tragedy who told the investigators that Peter Norton shot the 17-year-old after the 17-year-old male made threats and then held a gun to the head of a female who was present,” Fleming said in an e-mail.
Norton was arrested in the early-morning hours Sunday after he admitted shooting the boy during an altercation at a residence on the 500 block of state Highway 96 in Willow Creek.
“Under California law a homicide may be justified if a person kills someone in self-defense or defense of another,” the district attorney said. “Given the current state of the investigation no charges have been filed.”
Fleming said she notified the 17-year-old’s mother about the decision not to charge Norton, as well as telling her the investigation will continue.
Human Rights Commission Condemns Alleged Hate Speech and Violent Threats Against LGBTQ Community
LoCO Staff / Friday, Oct. 28, 2022 @ 3:57 p.m. / Local Government
PREVIOUSLY:
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Press release from the Humboldt County Human Rights Commission:
The Humboldt County Human Rights Commission (HCHRC) has just been made aware of incidents of hate speech and threats of violence against the LGBTQ community. If the alleged attacks or threats are fully credible, and we understand they are, our Commission considers such behavior to be unacceptable and wishes to condemn those involved in such activities. Recently a family-oriented Halloween Party was disrupted in Eureka by a group of people who appear to have had intimidation as their goal. Likewise, a citizen hiking the Hammond Trail found a derogatory sticker attached to a bench.
The HCHRC is charged with eliminating discrimination throughout our county, and we try to call out anyone who attacks the rights of others. As chair, I will place this issue on the agenda of our next meeting, November 3, 2022 at 5:30 p.m. Members of the public are invited to attend and comment on any agenda item. The Commission also operates a phone message line for any questions, comments, or suggestions (707-268-2548). A commissioner will return your call if you leave your phone number. It is an obligation of all members of our society to demand that ignorant and uninformed actions be rejected.
Jim Glover
Chair, Humboldt County Human Rights Commission
707-268-2548 (Voicemail only)