LAKEPORT, Calif. – Due to more delays and procedural issues, jurors heard less than two hours of testimony on Thursday in the trial of two men for a fatal June 2011 shooting that killed a child and wounded five others.
Paul William Braden, 22, and Orlando Joseph Lopez, 24, are on trial for allegedly shooting into a crowd of people at the Lakeshore Drive home in Clearlake of Desiree Kirby and Ross Sparks on the night of June 18, 2011.
The shooting killed Kirby’s 4-year-old son Skyler Rapp, and wounded Kirby and Sparks, his brother Andrew, and friends Joseph Armijo and Ian Griffith.
On Thursday Kevin Stone, 29, a former codefendant of Braden and Lopez, briefly take the stand.
Stone’s preliminary hearing was held last fall along with Braden’s and Lopez’s.
He was held over for trial on the charges but last November reached a plea agreement with District Attorney Don Anderson that allows him to plead to charges of conspiracy to commit a robbery, a special allegation of being armed at the time of the crime and being an accessory after the fact in a homicide.
Anderson said previously that the agreement was contingent on Stone testifying in the trial.
Testimony on Thursday began with Lindy Degiorgis of Clearlake, currently in custody at the Lake County Jail on a bench warrant and a drug charge.
Degiorgis said her friend Curtis Eeds, who lived next door to Kirby and Sparks, was at her home hanging out with her and some other friends and family members that evening. She described his behavior as nothing out of the ordinary.
She said it was just getting dark when they heard what, at first, they thought were firecrackers. Degiorgis said it was her father who suggested that it sounded like gunshots.
Degiorgis said she clearly heard five gunshots.
When her father suggested it was gunfire, not firecrackers, Eeds jumped up, saying it sounded like it was at his house a short distance away. Degiorgis said Eeds looked “freaked out” and ran off to his house.
He didn’t come back that evening. “The cops were there and held him,” she said.
Clearlake Police Sgt. Martin Snyder’s testimony followed Degiorgis’, taking up the rest of the morning session.
Snyder, who was off duty the night of the shooting, was called to the scene by police dispatch.
He said he secured a burgundy-colored Nissan Axxess, which Crystal Painchaud testified on Wednesday belonged to her but had been loaned to her cousin, Leighann Painchaud, and Stone, who was dating Leighann Painchaud at the time.
Crystal Painchaud and her friend, Tyreshia Celestin-Willis, both said in court on Wednesday that they found the vehicle abandoned several blocks from the crime scene following the shooting. When Painchaud looked inside, she saw a green shotgun shell.
Stone is alleged to have driven Braden and Stone to the shooting scene in the vehicle.
The vehicle was towed to the Clearlake Police Department to be processed and secured, Snyder said.
Shortly before 5:30 a.m. Sunday, June 19, 2011, Snyder, Evidence Technician Victoria Estrella and a police volunteer returned to Sparks’ and Kirby’s home to process the crime scene, having secured the necessary search warrants.
Pictures Estrella took at the scene showed buckshot holes scattered across the exterior of the apartment building where Kirby and Sparks lived with their children.
Snyder said the damage to the apartment building’s siding was consistent with 15-pellet double ought buck shotgun ammunition.
On Eeds’ side of the fence police recovered three green expended shotgun shells. Near the apartment they recovered a shotgun wad, and Snyder said it was common for a wad to travel a distance such as that from the fence to the building, which pictures showed was about 20 to 30 feet. Snyder said pieces of several other wads also were found.
Police recovered three pellets; two of them were found outside the apartment, one 15-shot, one nine shot, and another nine-shot was found inside the apartment’s kitchen, Snyder said.
A picture of the apartment’s interior showed several large bloodstains on the carpet, and numerous evidence placards which Snyder said marked areas where they swabbed for blood samples.
The building’s exterior showed numerous pellet entry holes and Snyder said the apartment’s interior walls showed exit holes. Anderson showed the jury a picture of one such area of the wall where the pellets had passed through to the interior.
The netting on the playpen where Kirby’s and Sparks’ baby daughter had been sleeping at the time of the shooting also showed what Snyder said were holes from shotgun pellets.
Snyder testified that he was able to read the markings on the exterior of two of the three recovered shotgun shells. Those two readable shells showed writing indicating they were double-ought 15-pellet shells.
Asked about where shotgun shells usually eject, Snyder said it depends on the manufacturer, but most on the market today eject the shells on the righthand side, with the shells consistently falling two to three feet from the weapon.
After breaking for lunch early, the trial reconvened and Stone was brought into the courtroom in handcuffs and a jail uniform, his hair shaved close.
Stone’s attorney, Komnith Moth, was in attendance as his testimony began.
Stone said he had lived in Lake County off and on for eight years, having moved here from Santa Rosa. In Santa Rosa he worked as an electrician, and did auto detailing after he arrived in Lake County.
Under Anderson’s questioning, Stone admitted to having a past criminal history, including a December 2009 conviction for receiving stolen property. At the time of the shooting, he also had pending cases involving driving on a suspended license, methamphetamine possession, domestic violence and probation violations.
“You’ve had a big involvement in this case, have you not?” Anderson asked, regarding the murder case.
Stone acknowledged that he had, and that he was present during the shooting and afterward fled to Santa Rosa.
He had arranged with Clearlake Police Officer Mike Ray to turn himself in, but Stone said he didn’t show up.
“Why did you flee Lake County?” Anderson asked.
“‘Cause I heard there were people looking to kill me,” Stone said, adding, “That was the initial reason.”
He said he didn’t turn himself in because Ray appeared with a second officer he didn’t trust.
Stone would be arrested in Santa Rosa on July 1, 2011, along with Leighann Painchaud. He has remained in custody ever since.
Anderson, in his questioning, noted that a holding order was issued for Stone on Oct. 17, 2011, following the preliminary hearing. Stone and Moth began negotiations with Anderson’s office on Nov. 3, 2011. Stone said he met with Anderson three to four times while negotiating a plea agreement that included his testimony.
At that point in the proceedings Moth got up and left the courtroom with no explanation.
Shortly thereafter, Judge Doris Shockley stopped the proceedings.
“I want him back here,” she said of Moth.
A nearly hour-long recess was called shortly before 2 p.m., with part of that time involving an in-chambers discussion with Shockley and all of the attorneys, including Moth, who returned later.
When the jurors were brought back in, Shockley told them that an important procedural issue had arisen, and the court needed to address it before hearing any more testimony.
Shockley ordered the juror to return on Friday morning, with the caveat that they should call in Thursday evening to see if testimony was going to proceed Friday.
Anderson told Lake County News on Thursday evening that the procedural issues dealt with discovery documents. He said he could not say much more than that.
He said it was decided Thursday night that testimony would not continue on Friday, and that instead the attorneys would work on jury instructions.
He said testimony will resume on Wednesday, May 23, when two California Department of Justice experts will take the stand.
Stone will return to the stand on Thursday, May 24, Anderson said.
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