SMOKE TEST: Don’t Be Alarmed If You See Smoke Coming Out of The Sewers Over the Next Few Weeks, City of Eureka Says
Stephanie McGeary / Saturday, Oct. 15, 2022 @ 11:42 a.m. / Non-Emergencies
If you see some smoke drifting out of the manholes around H Street, south of Harris over the next few weeks, don’t worry! There is no need to call the Fire Department! This is just the City of Eureka performing a standard smoke test on the sewer system.
The test — which will begin Wednesday, Oct. 19 and last for the next several weeks — involves pumping smoke through the sewer pipes to identify any defects in the system. When this test is performed some smoke may drift out of the manholes in the street, and even from some building vents and sewer cleanouts.
Again, this is nothing to worry about. You might remember that a few years ago, the smoke coming out of the sewers in Old Town prompted a minor panic. The City would like to avoid that happening again. So consider yourself warned.
You can find more information in this City of Eureka press release:
Sanitary Sewer Smoke Testing Near H Street, south of Harris Street
The City of Eureka will be performing smoke testing of the sanitary sewer system at the above locations in Eureka beginning at 8:00am, on Wednesday, October 19th and will continue for the next few weeks. This testing involves introducing a non-toxic smoke into sewer manholes where it is forced through the sewer mains and laterals to locate defects in the system. Smoke will be visible in the area, and may travel to nearby sewer lines as well. There is no need to contact the Police or Fire Department, they have already been notified.
Traffic will remain open during testing; however, smoke may be visible exiting manholes. Please use caution while driving in the area. In addition to manholes, smoke will be visible coming from building vents and external cleanouts. This smoke is non-toxic, will not leave a residue, and will dissipate shortly after the test. Smoke should not enter buildings unless there is defective plumbing or dry drain traps. It is recommended that you flush all toilets and run water down all sinks, tubs, laundry drains, and floor drains prior to testing. Door hangers will be distributed before the testing occurs, notifying of the date and time of the testing. This work will be performed between the hours of 8:00am and 4:00pm, WEATHER PERMITTING.
The City of Eureka’s Contractor, National Plant Services, will be on site with information, should there be any questions. A representative of the company can be reached at (562) 896-1439.
The patience and cooperation of residents and business owners in the vicinity of the testing zone is greatly appreciated. Repairing and maintaining our sewer collection systems is vital to the health and safety of our residents.
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OBITUARY: Jonathan ‘Lance’ Lister, 1965-2022
LoCO Staff / Saturday, Oct. 15, 2022 @ 6:56 a.m. / Obits
On October 10, 2022, Jonathan ‘Lance’ Lister passed away peacefully in Eureka, surrounded by his family. Lance was born on July 27, 1965 in Victoria, British Columbia (B.C.).
Preceded in death by his mother, Margaret Jean Islip.
He is survived by many family members, including his sister, Rebecca Lister (John Hoag), his first-born child Margaret L. Lister (Guthrie) and Andrew J. Lister (Kelsey), stepchildren Bryian and Amanda Marquardt. Then Lance met his life-long partner, Molly Rombalski, and had his third child, Aaron Rombalski Lister. Also survived by his grandchildren Epona L Siggins and Ryder Michel Lister.
Lance was a well-known commercial fisherman on the Jennette P. with his “brother” Steve Salo. Lance also enjoyed his fishing, Disneyland and camping trips with friends and family.
Lance will be missed by so many loved family and friends, too many too list.
Lance worked for Wayne Bare and then with Pacific Earthscapes logging up until his time of death.
For information about lances service, please call his daughter, Margaret, at (707) 499-0931.
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The obituary above was submitted on behalf of Lance Lister’s loved ones. The Lost Coast Outpost runs obituaries of Humboldt County residents at no charge. See guidelines here. Email news@lostcoastoutpost.com.
San Francisco Jury Awards $750,000 to Kyle Zoellner in Ongoing Civil Trial; Judge to Make Final Determination in Coming Weeks
Isabella Vanderheiden / Friday, Oct. 14, 2022 @ 1:58 p.m. / Courts
A San Francisco jury has ordered the City of Arcata and Arcata Police Department detective Eric Losey to pay Kyle Zoellner more than $750,000 in compensatory and punitive damages for maliciously fabricating evidence that led to Zoellner’s arrest as the primary suspect in the stabbing death of David Josiah Lawson in 2017. The jury also called for Losey to issue a public apology “to all the victims and families,” to state the nature of his reporting inaccuracy and “what he learned about the importance of accurate reporting.”
However, the jury’s decision could be overturned. The final legal determination will be made by presiding U.S. District Judge Jacqueline Scott Corley in the coming weeks.
To be clear, this week’s civil proceedings are not focused on whether or not Zoellner was involved in Lawson’s death. The civil trial was brought forth to determine whether or not Losey had acted maliciously to frame Zoellner.
Zoellner’s attorney Elizabeth Zareh contends that Losey acted with “malice” and “reckless disregard of [Zoellner’s] rights” following his arrest. “There is no doubt that APD’s investigation was bias[ed] toward Kyle Zoellner to frame him,” Zareh wrote in an email to the Outpost. “They chose to ignore significant and important exculpatory evidence and excluded [it from] their investigation. …It appears they framed [Zoellner] to cover their incompetence.”
Patrick Moriarty, an attorney representing Losey and the City of Arcata, argued that APD detectives had no unlawful purpose in arresting Zoellner, “and the decision to charge him with the murder of [Lawson] was based on evidence.” Moriarity maintains that there was ample probable cause to charge Zoellner.
“The City [of Arcata] is confident that the trial judge will set aside Mr. Zoellner’s verdict,” Moriarty wrote in an email to the Outpost. “At trial, Mr. Zoellner was required to prove that [Losey] lacked probable cause to have Zoellner charged. The trial record confirms that the plaintiff did not satisfy his burden. If the Court decides probable cause existed, it will set aside the verdict and enter judgment in favor of [Losey].”
The civil rights action initially came before the U.S. District Court for the Northern District of California in 2018, after Zoellner filed suit against the city of Arcata, Losey and several other APD employees and people in City Hall, accusing them of unlawful arrest, malicious prosecution, defamation and other civil rights violations
In March of this year, U.S. District Judge Edward Chen dismissed the bulk of Zoellner’s suit against the City of Arcata and all its employees, with the exception of Losey.
“The Court holds that all of the defendants, except for Det. Losey, are entitled to summary judgment on the malicious prosecution claim because, even if probable cause was lacking (a reasonable jury could so find), no reasonable jury could find that they acted with malice based on the record presented,” Chen wrote in his March 1 Order on Motion for Summary Judgment.
Chen explained that the situation is different for Losey due to a “genuine dispute of material facts on malice,” because he included false information in his police report, stating that an eyewitness had identified Zoellner as the assailant in the killing of Lawson when the witness had not identified Zoellner by name.
Losey admitted that he was mistaken and told the Humboldt County District Attorney’s Office about the error before the preliminary hearing began on May 1, 2017. The DA’s Office nevertheless decided to proceed with the hearing.
Chen asserted that “a reasonable jury could infer that Det. Losey deliberately lied because of the significance of the false information” as no other witnesses from the party had claimed to see Zoeller stab Lawson “or even with a knife at all.”
“Even though Det. Losey included false evidence in his report, that does not necessarily mean probable cause was lacking to keep Mr. Zoellner in custody,” Chen continued. “[Zoellner] must show that the officer who applied for the arrest warrant ‘deliberately or recklessly made false statements or omissions that were material to the finding of probable cause’ – i.e., that ‘the magistrate would not have issued the warrant with false information redacted, or omitted information restored.’”
Chen concluded that only one claim – malicious prosecution by Losey – could proceed to trial. That’s where we’re at now.
A U.S. District Court judge is expected to make the final legal determination in the civil case in the next two weeks. If the judge determines probable cause existed at the time of Zoellner’s arrest, the court will set aside the verdict and enter a judgment in favor of Losey. If that were to happen, Zoellner would not receive any of the $750,000 ordered by the jury.
Could the impending judgment impact future investigations into the unsolved killing of Lawson? Humboldt District Attorney Maggie Fleming told the Outpost that “every review of the evidence in a particular criminal case – including those that occur during civil trials – has the potential to inform and impact ongoing investigations.”
“[However], I don’t anticipate that the outcome of any civil case will affect the commitment of law enforcement agencies – including the Arcata Police Department – to continue investigations of unresolved homicide cases within their jurisdictions,” Fleming added.
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[Note: This post has been updated to include a comment from Humboldt County District Attorney Maggie Fleming.]
DOCUMENTS:
- Jury Verdict Form #1
- Jury Verdict Form #2
- Jury Special Request
- Eric Losey’s Memorandum Re: Probable Cause
PREVIOUS LoCO COVERAGE OF THE LAWSON CASE:
- Jail Records Reveal Name of Suspect in Fatal Arcata Stabbing
- Arcata Police Receive Anonymous Email Detailing Specifics of Arcata Homicide, Beg Author to Come Forward; Suspect Officially Named
- ‘He Was the One’: Josiah Lawson, Humboldt State Student and President of Brothers United, Remembered at Campus Prayer Service
- Zoellner Pleads Not Guilty to Arcata Stabbing Murder; Bail Set at $1 Million
- United by Tragedy, HSU Community Celebrates the Life and Mourns the Death of David Josiah Lawson
- ‘It Should Not Have Happened’: Friend of Arcata Murder Victim Believes Racism Delayed the Emergency Medical Response That Could Have Saved His Life
- ARCATA MURDER HEARING: First Witnesses Cast Doubt on Whether the Police Department’s Suspect Could Have Stabbed Victim; More Testimony Coming Tomorrow
- ARCATA MURDER HEARING: Witness Testifies That Lawson and Zoellner Were Grappling as the Victim Bled; Police Officer Describes Chaotic Crime Scene
- ARCATA MURDER HEARING: Friends Testify on ‘Girl Fight’ Between Lawson and Zoellner’s Girlfriends Prior to Fatal Stabbing
- ARCATA MURDER HEARING: More Testimony on the Knife Found at the Scene; Lawson’s Friend Testifies He Saw Zoellner Drop Something Shiny
- Judge Dismisses Case Against Kyle Zoellner, McKinleyville Man Arrested in Stabbing Death of HSU Student David Josiah Lawson
- Arcata’s Police Chief, Vice Mayor React to Zoellner Hearing Ruling
- ARCATA MURDER HEARING: Kyle Zoellner to Be Released After Judge Reinholtsen Rules Not Enough Evidence to Hold Him For Stabbing Death of Josiah Lawson
- (PHOTOS) Protesters March Through Arcata Demanding ‘Justice for Josiah’
- HSU Faculty, UPD, Brothers United Participate in Radio Town Hall on Lawson Case Tonight; Arcata Mayor Releases Statement; HSU Walk Out Planned Tuesday
- (PHOTOS/VIDEO) After Busy Week, Family and Friends of Josiah Lawson Still Seeking Justice
- Josiah Lawson’s Mother Offers $10k Reward for Information Leading to the Conviction of Son’s Killer
- Arcata Calls in Outside Investigators, Approves $21K Reward for Info Leading to Conviction of Lawson Killer
- Kyle Zoellner Appears in Court to Request Law Enforcement Return His Cell Phone, Laptops; Judge Says No
- (VIDEO) This Morning’s Lawson Murder Press Conference Offers Few Updates
- Public Investigator Working With APD in Josiah Lawson Case
- Kyle Zoellner, Once Suspected of Homicide in David Josiah Lawson Slaying, Files Claim Against City of Arcata For Defamation, Pain and Suffering, Emotional Distress
- (PHOTOS) Hundreds Turn Out for Eureka MLK Day People’s Rally and March for Justice
- DA: Grand Jury Declines to Indict Anyone in David Josiah Lawson Case
- (VIDEO) Justice for Josiah Activists Hold First Monthly Vigil Since Grand Jury Decision; Charmaine Lawson Vows to Keep Fighting
- ‘Justice For Josiah’ Advocates Demand Arcata City Council Turn Lawson Case Over to the State
- Arcata Police Release Images of Potential Josiah Lawson Stabbing Witnesses, Ask Public’s Help
- TWO YEARS
- (WATCH) ‘Who Killed Josiah?’: Documentary Takes a Look at the Lawson Case
- California Attorney General’s Office Says it Will Not Take On Josiah Lawson Case
- ‘Racism Kills!’ Supervisor Bohn Adjourns Meeting and Leaves Chambers Amid Outcry Over Derogatory Joke
- Humboldt High Schoolers Announced as First David Josiah Lawson Scholarship Recipients
- Josiah Lawson Documentary Set to Air on Los Angeles Television Later This Month
- (AUDIO) Charmaine Lawson, Arcata Police Chief Ask Witnesses to Josiah Lawson Slaying to Come Forward in Public Service Announcement.
- (VIDEO) ‘Justice for Josiah’ Activists Shut Down Arcata City Council Meeting
- Outside Review of Lawson Case Complete; Emergency Response Deemed Appropriate But More Training Recommended
- On the Third Anniversary of Josiah Lawson’s Death, Arcata Police Once Again Ask for Witnesses to Come Forward
- (VIDEO) Charmaine Lawson Interviewed for TV Documentary Series ‘Still a Mystery’; Episode on the Murder of HSU Student Josiah Lawson to Air Tonight
- Civil Grand Jury Finds ‘Failures’ and ‘Ineptitudes’ But No Direct Evidence of Racial Bias in Review of Josiah Lawson Homicide Investigation
- Submissions Sought for David Josiah Lawson Oration Festival
- Charmaine Lawson Settles Lawsuit Against City of Arcata; Terms Include $25,000 Contribution to Scholarship Fund, New City Mural and Additional, Undisclosed Terms
- Eureka City Schools Board Overturns Mural Ban, Making Way for BIPOC Student Art
- Five Years
- Charmaine Lawson Continues to Seek ‘Justice for Josiah’ Five Years After Her Son’s Death
Drug Task Force Arrest Eureka Woman on Suspicion of Meth Sales
LoCO Staff / Friday, Oct. 14, 2022 @ 10:56 a.m. / Crime
Humboldt County Drug Task Force press release:
On Tuesday October 11th , 2022, the Humboldt County Drug Task Force (HCDTF), received information that a package containing one pound of methamphetamine had been located after its arrival at a Eureka parcel center. Agents wrote a search warrant for the package and anybody who attempted to pick up the package. The HCDTF initiated a surveillance at the business and identified the receiver of the package when they arrived. Agents detained Jasmine Mahina Lucero Kahoalii (44 years old from Eureka).
Kohoalii and her vehicle were searched and additional quantities of methamphetamine, a digital scale, packaging, and a safe with drug price amounts were located. Kahoalii was arrested and booked at the Humboldt County Jail for the below listed charges:
- 11378 H&S Possession of methamphetamine for sale
- 11379 H&S Transportation of methamphetamine
Anyone with information related to this investigation or other narcotics related crimes are encouraged to call the Humboldt County Drug Task Force at 707-267-9976.
This Is How Much Money You’ll Get From the California Gas Rebate
Grace Gedye / Friday, Oct. 14, 2022 @ 7 a.m. / Sacramento
A gas nozzle in a van at a central Fresno gas station on Sept. 29, 2022. Photo by Larry Valenzuela, CalMatters/CatchLight Local
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California is sending money directly to millions of residents to help with rising costs and high gas prices.
The payments, which started going out Oct. 7, range from $200 to $1,050, depending on income and other factors. About 18 million payments will be distributed over the next few months, benefiting up to 23 million Californians. The cash payouts are part of a June budget deal.
CalMatters talked to the state’s Franchise Tax Board to parse what all this means for you. Check out our tool at the bottom of this article to find out how much you’ll get.
Are you eligible?
To be eligible, you need to have filed a 2020 California tax return by Oct. 15, 2021. There’s an exception for people who did not file by the October deadline because they were waiting on an Individual Taxpayer Identification Number (so long as they filed by Feb. 15, 2022).
People who didn’t file taxes for 2020, including some seniors and disabled people, will be left out.
People who can be claimed as dependents for tax purposes won’t get their own payments.
The payments also won’t go to married or domestic partners who have an adjusted gross income over $500,000. Same goes for many individuals who have adjusted gross incomes over $250,000.
You also had to be a California resident for at least six months of 2020, and be a resident when your payment is issued.
Undocumented Californians with a valid taxpayer number or Social Security number, who filed complete 2020 tax returns and meet all of the eligibility requirements, can receive the payments.
You don’t need to send any additional forms, or fill out any application to get the payment.
How will you get the payment?
People who are eligible for the payment will get it either via a direct deposit to their bank account or by mailed debit card, according to the tax board. Generally, people who filed their 2020 tax return online and received their state tax refund via direct deposit will get a direct deposit. Most other people who are eligible will get debit cards in the mail. The envelope will be clearly marked with the phrase “Middle Class Tax Refund.”
When will you get the payment?
The first round of payments will go to people who received one of the two Golden State Stimulus payments from 2021 and are eligible for a direct deposit. The first round of payments are expected to go out between Oct. 7 and Oct. 25.
The rest of the direct deposits are expected to go out between Oct. 28 and Nov. 14. The tax board expects 90% of direct deposits to be sent out in October, according to its website.
Debit cards for people who got one of the Golden State Stimulus payments are expected to be mailed out between Oct. 25 and Dec. 10. All of the remaining debit cards are expected to be mailed by Jan. 15
Why can’t they all be sent out at once? “There are constraints on the number of direct deposits and mailed debit cards that can be issued weekly,” Franchise Tax Board spokesperson Andrew LePage told CalMatters. “Logistically it takes time to deliver approximately 18 million payments to Californians effectively and accurately, protecting both taxpayers and California.”
How much will you get?
We’ve made a tool for you to look that up. The Franchise Tax Board also has information, as well as a customer help line, which can be reached by dialing 800-542-9332. The help line has assistance in English, Spanish, Mandarin, Hindi, Vietnamese, Korean, and Punjabi. The board says other languages may be supported by request.
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CalMatters.org is a nonprofit, nonpartisan media venture explaining California policies and politics.
OBITUARY: Terri Lee Rossiter, 1962-2022
LoCO Staff / Friday, Oct. 14, 2022 @ 6:56 a.m. / Obits
Terri Lee Rossiter
August 21, 1962 – October 2, 2022
Terri Lee Rossiter passed away suddenly in her sleep at her home in Eureka on Sunday, October 2. She was born on August 21, 1962 and taken way too soon, at the young age of 60. She had two children with Danny Walker, a son Cody Walker, and a daughter Cassandra Walker.
Terri was a dedicated daughter, a loving sister, a supportive mother and a good friend to many. She was known for her big heart, hardworking nature, and her laugh. She worked for over 30 years in office administration, at Roger’s Machinery for a decade and for Humboldt Petroleum for about 20 years. On top of her day job, she worked evenings and weekends bartending at the Harbor Lanes bowling alley for nearly two decades. Many will know her from there, as she was also an avid bowler, and participated in Match Club and various leagues.
Terri grew up in Eureka, attending Jacob’s Junior High and Eureka High School (Class of 1980). She was an excellent student, but her battle with Crohn’s disease made school challenging. She had ambitions of becoming a nurse, and even started the coursework at College of the Redwoods, but she selflessly gave up that dream to take care of her mother. Terri always put family first, and made sure that her children had all the advantages she did not; she was incredibly generous and was always giving gifts to her “adopted grandchildren” from friends at the bowling alley.
In addition, she was a member of the Moose Lodge in Mckinleyville, and an LA Ram’s fan. Terri was known for her excellent cooking and baking skills; she was especially famous for her pies and signature chocolate chip cookies. She loved spending time outdoors, from camping up at Trinity Lake to gardening in her yard. Pre-covid, she also loved frequenting the Broadway Cinema to see an action film. In her lifetime, she travelled to Hawaii, Mexico and further afield to England, France, Ireland, and Italy on trips with her family. Most recently, she visited Barcelona, Spain with her daughter, sister and brother-in-law to celebrate her 60th birthday; it was the trip of a lifetime.
Terri is survived by her daughter Cassandra Walker; sister Cheryl DuMond, brother-in-law Andy DuMond, and brothers Gregg and Warren Rossiter. She is preceded in death by her son Cody Walker, and her parents Stanley Rossiter and Carole Bailey, as well as her step-father Watt Hibler.
There will be a celebration of life for Terri on Sunday, November 6 from 1 p.m. officiated by Pastor Cassie Wyland at the Moose Lodge in Eureka, 4328 Campton Rd. Flowers can be sent to the Moose Lodge, or donations can be made to Sequoia Humane Society.
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The obituary above was submitted on behalf of Terri Rossiter’s loved ones. The Lost Coast Outpost runs obituaries of Humboldt County residents at no charge. See guidelines here. Email news@lostcoastoutpost.com.
OBITUARY: Helen Sweezo, 1920-2022
LoCO Staff / Friday, Oct. 14, 2022 @ 6:56 a.m. / Obits
At the wonderous age of 102, Helen Sweezo passed away in the early
morning hours of September 6, 2022.
Helen Ione Sweezo was born on April 27, 1920, in Webster, South Dakota to Ole and Florence Bagaus. Helen was the oldest of four children and the only daughter. Two of her brothers, Don and Owen, have passed. Her youngest brother, David Bagaus, lives in Sarasota, Florida with his wife Virginia.
Helen graduated high school in 1938. During WWII she worked in an arms plant manufacturing large caliber bullets that were sent to the battle fields. In 1946, Helen married Mason Wolke, gaining a son named Rolly. While married, Helen had Michael and Stephen Wolke. Along with raising the children and keeping a home, she worked as a bank teller at multiple Bank of America branches over the years. Helen and Mason divorced in 1967.
In 1972, Helen married Russell Sweezo. They traveled often and enjoyed their lives together. Helen lived many places in during her life, but always loved Humboldt County. Helen moved to Silvercrest around 2005, where she made many friends and operated the community library for the residents. She was an amazing pool player and enjoyed showing off her talent in the common room. She was a devout member of the Emmanuel Lutheran Church and loved her church family very much. She found so much joy singing in the choir, participating in the activities for holidays and attended church every Sunday as long as she possibly could.
For the last few years of her life she lived with her son Steve and wife Cindi in Eureka California until skilled nursing was required. Her son Michael lives in the Bay Area. She was blessed with one grandson, Jason Wolke, and gained a grandson Morgan Chapman (Kayla) and granddaughter Jaycie Chapman Shearer (Brian). She also gained four great-grandchildren — Tony, Hayden Aurora and Stella. Helen will be missed by all the people she touched in life. Anyone that knew her knows she is happily in Heaven content in the Hands of the Lord.
Helene’s family must apologize for the lateness of this notification to the public.
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The obituary above was submitted on behalf of Helen Sweezo’s loved ones. The Lost Coast Outpost runs obituaries of Humboldt County residents at no charge. See guidelines here. Email news@lostcoastoutpost.com.