LAKEPORT, Calif. – Firefighters responded to a residential structure fire near Lakeport Wednesday night, with their quick action saving the majority of the home.

The fire at 6245 Highland Springs Road was reported shortly after 10 p.m., according to radio reports. Firefighters from Lakeport and Kelseyville Fire responded.

Five people who were living in the home were able to get out safely, although one woman reported having trouble breathing, reports from the scene indicated.

Firefighters at the scene reported that the fire was knocked down quickly and contained to the master bedroom and its contents just before 11 p.m.

Scanner reports indicated fire personnel were on scene for another hour for mop up and overhaul.

Red Cross was requested to provide accommodation for the home's five residents, according to reports from the scene.

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.

LAKE COUNTY, Calif. – A man was rescued from Clear Lake early Wednesday after his catamaran overturned.

The water rescue effort began shortly before 3:40 a.m. when the Lake County Sheriff's Marine Patrol requested REACH 6 respond to assist with the search for the man, according to radio traffic.

REACH 6 began a sweep of the lake in the Soda Bay area just before 4 a.m., looking for the catamaran, radio reports indicated.

The helicopter passed over the lake and could be heard on the Northshore.

In the middle of the lake, just minutes after the search started, the crew reported seeing a white spot.

The Marine Patrol deputy headed toward the object the helicopter spotted, guided with REACH's assistance.

Shortly after 4 a.m., the Marine Patrol deputy reported that he had found the catamaran upside down, with the man on top of it.

The precise location was unclear; radio reports indicated it was located in the middle of the lake off of the county park.

The deputy picked up the stranded man and reported to Central Dispatch that he was transporting the boater back to the park.

The overturned catamaran was left in its location, with radio reports indicating it will be recovered later on Wednesday.

Additional details will be posted as they become available.

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.

NORTHERN CALIFORNIA – The Glenn County Sheriff's Office on Tuesday released the names of three victims of an April 10 bus and semi crash that occurred near Orland.

The fiery wreck on Interstate 5 – which involved a FedEx semi truck, a Nissan Altima and a tour bus carrying 43 students and three adult chaperones to a campus tour at Humboldt State – left 10 dead and 34 injured.

Glenn County Sheriff Larry Jones said Tuesday that autopsies have allowed officials to confirm the identity of three of the victims, whose families also have been formally notified.

The three people Jones identified are Michael Lee Myvett Jr., 29, of Los Angeles, a chaperone on the bus trip; Ismael Jimenez, age 18, a student from Inglewood; and Talalelei Feleni Lealao-Taiao, 53, of Sacramento, who was the driver of the Setra motorcoach.

Lealao-Taiao was driving the bus for Silverado Stages of San Luis Obispo, according to the National Transportation Safety Board. She had been the motorcoach's second driver on the trip, taking over in Sacramento.

On its Web site, Silverado Stages said the company mourned the loss of Lealao-Taiao, who it called a “friend, driver and valued employee.”

So far, officials have not formally identified the male driver of the FedEx semi, which crossed the 58-foot median, sideswiped the Altima and then collided head-on with the bus, causing both vehicles to burst into flames.

The NTSB said its investigators found no signs that the FedEx truck attempted to brake, and the Altima  driver, Bonnie Duran of Washington state, reported seeing flames come from underneath the semi's cab before the crash.

Jones said detectives and a forensic pathologist worked through this past weekend to complete autopsies and identify the victims through dental records and x-rays.

Forensic odontologist Doctor William L. Farrell, DDS, and his Far Northern California Forensic Dental Team are continuing to work to make positive identification on the remaining victims, Jones said.

Last week, Humboldt State, which was to have hosted the students at an April 11 campus event, said that Arthur Arzola, a Humboldt State Admissions Office staffer who was accompanying the students on their trip, was among the victims, as Lake County News has reported.

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.

CLEARLAKE, Calif. – Police arrested a Clearlake man Tuesday afternoon for evading officers and numerous drug charges after he led officers on a vehicle pursuit.

David Lee McCarney, 60, was arrested following the pursuit, according to Sgt. Rodd Joseph of the Clearlake Police Department.

At 3:30 p.m. Tuesday Officer Travis Parson attempted to conduct a traffic stop on a black 1986 Ford Bronco for a traffic violation in the area of Old Highway 53 and Lakeview Avenue, Joseph said. The vehicle did not yield to the officer’s emergency lights or sirens and Parson initiated a pursuit of the Ford Bronco.  

A second Clearlake Police unit was able to join the pursuit with speeds between 30 and 40 miles per hour. Joseph said the pursuit continued for several more blocks until the Bronco finally stopped near the intersections of Kett and Ballpark avenues.

Officers conducted a high risk car stop at gunpoint and took the uncooperative driver, identified as McCarney, into custody for a misdemeanor charge of evading a peace officer, Joseph said.

During a search incident to arrest and inventory of McCarney’s Bronco, officers discovered evidence of methamphetamine sales, including two bags of suspected methamphetamine totaling approximately 7 grams, packaging materials and a scale. Joseph said the drug and drug paraphernalia were concealed in the Bronco’s engine compartment area.  

McCarney was additionally charged with several additional felony charges to include, possession of a controlled substance, possession of a controlled substance for sale, transportation of a controlled substance and a misdemeanor charge of driving on a suspended license, Joseph said.

Joseph said the Bronco was towed away from the scene and McCarney was later booked into the Lake County Jail.

McCarney's bail was set at $35,000. Jail records indicated he remained in custody on Thursday.

CLEARLAKE, Calif. – The city of Clearlake and local volunteers are teaming up for the city's annual street cleaning party.

The 10th annual Clearlake Clean Up Day is set for 8 a.m. to 1 p.m. Saturday, May 10, in Austin Park in Clearlake.

The event will include an electronic waste collection site. Items such as televisions, phones, computers, stereo equipment and other electronic waste will be accepted.

Volunteers opportunities are plentiful. Participants can contribute to the clean up of designated areas or they can form clean up teams and tackle an area of their choice.

"This is always a fun event with loads of camaraderie and fellowship," Adeline Brown, registration coordinator, said.

Collection bags and tools will be provided along with bright safety vests, which must be worn during the event for the safety of the participants.

Supplies will be provided to participants when signing in the morning of the event.

Those interested in forming a team of "trash pickers" to work on specific area must contact City Hall prior to the event for approval to address any possible liability or safety concerns.

Such volunteers will need to provide their name, phone number and location they intend to clean so plans can be made accordingly.

Area business owners are encouraged to help by cleaning up around their store fronts, flower beds and parking lots.

To volunteer early, contact Adeline Brown at Clearlake City Hall, 707-994-8201, Extension 111.

Email Denise Rockenstein at This email address is being protected from spambots. You need JavaScript enabled to view it. .

LAKE COUNTY, Calif. – Skywatching photographers from around Lake County stayed up to catch the total lunar eclipse that took plate late Monday night and early Tuesday morning.

The event kicked off a lunar eclipse tetrad – a series of four consecutive total eclipses occurring at approximately six month intervals – which will include another on Oct. 8, as well as eclipses on April 4, 2015, and on Sept. 28 2015.

Shown here are a number of photos of the eclipse sent in by Lake County's gifted photographers.

HIDDEN VALLEY LAKE, Calif. – A report of a loud party in a Hidden Valley Lake home early Tuesday morning led to the homeowner's arrest for a warrant and a charge of contributing to the delinquency of a minor.

Peggy Noreen Pollack, 52, was arrested at the scene, according to Lt. Steve Brooks of the Lake County Sheriff's Office.

At 2 a.m. Tuesday deputies responded to the 19000 block of Deer Hill Road in Hidden Valley Lake regarding a loud party, Brooks said.

When deputies arrived at the address they noticed several vehicles parked in the driveway, one of which appeared to have vomit on it, he reported.

Deputies contacted several minors who exhibited signs of being under the influence of alcohol. While speaking to the minors, Pollack walked outside and contacted the deputies, according to Brooks.

Pollack wanted to know why the deputies were there, as she is the homeowner. Brooks said she admitted to having several minors at her home and said her son had invited them. She denied knowing that the minors were consuming alcohol at her home and said she had been sleeping.

Based on the deputies’ initial observations, they conducted a walk-through of the residence to check the welfare of the minors, Brooks said.

As the deputies walked onto the front patio, they could smell the overwhelming odor of alcohol. Brooks said they noticed numerous empty beer cans scattered on the patio and strewn across the decking.

The deputies located several other minors, who exhibited of being under the influence of alcohol. Brooks said the deputies contacted several parents who were able to respond and transport their children home. They also made arrangements for a responsible sober adult to watch over any remaining minors at the residence.

Central Dispatch conducted a records check of Pollack and advised she had a felony warrant for her arrest, Brooks said.

Brooks said Pollack was arrested for the warrant and for contributing to the delinquency of a minor. She was transported to the Lake County Hill Road Correctional Facility and booked.

Bail was set at $40,000, with Pollack later posting the required percentage of bail in order to be released, according to jail records.

Pollack's husband, Jack, was sentenced to six years in federal prison last September and 18 years in state prison in February for separate 2012 cases involving drug and weapons possession and previous prior felonies.

In November 2012, he was found by local deputies with methamphetamine, drug scales and a rifle. The following month, he was arrested by federal agents in connection to a home invasion robbery in which it was alleged he had cased the home that several armed men later entered and took marijuana. In the federal case, he was convicted on two counts of possession with intent to distribute a controlled substance.

KELSEYVILLE, Calif. – The Clear Lake State Park Interpretive Association will host its popular annual Wildflower Brunch on Saturday, April 26.

The breakfast will take place from 9 a.m. to noon at Clear Lake State Park, 5300 Soda Bay Road in Kelseyville.

Come and have members of the interpretive association and state park staff cook your custom-made omelet while you listen to music by David Neft.

There will be a 10 a.m. presentation inside the visitor center by photographer Lyle Madeson on the wildlife of Africa.

The Lake County Vector Control District will have a display on all your local insects and the county of Lake will have an information booth on the quagga mussel.

The Visitor Center and diorama will be open 9 a.m. to 1 p.m.

The brunch ticket includes free entry to the park and all events.

Call or go online to purchase your tickets: $17.50 by phone 707-279-4395 or online ( www.clearlakestatepark.org ), or $20 if purchased at the event.

CLEARLAKE, Calif. – A town hall meeting was held on Saturday for an informal discussion concerning how the City of Clearlake will proceed with any potential sales tax measure for placement on the November ballot.

Past measures have sought to provide revenues to support city services including road improvements, code enforcement, and animal control and crime suppression.

Approximately two dozen people participated in the discussion, which was conducted at the Clearlake Senior/Community Center.

Mayor Denise Loustalot and Vice Mayor Gina Fortino Dickson, along with City Manager Joan Phillipe, led the discussion.

Other members of the council were in attendance; however, Councilwoman Jeri Spittler left about 45 minutes into the meeting because of a prior engagement.

Attendees were asked to identify their preferences via yes or no answers upon large pieces of paper fixed upon the wall.

Each sheet posed a specific question pertaining to the proposal of a measure, including whether or not to seek one at all.

A total of 19 people said a tax measure should be sought. Four people said one should not be pursued.

Three people marked “no” when asked if the proposal should be a specific tax that requires two-thirds (66 percent) approval of those voting, while 18 people indicated that it should.

Additionally, town hall participants were asked at what percentage – a half or 1-percent – should a specific tax be proposed.

Attendees responding were nearly split in results: 11 were in favor of half a percent, with 10 preferring 1 percent.

Results were equal when the same question was proposed as a general tax, with 10 people responding in the affirmative.

Attendees were asked to identify how sales tax revenues be used. Results in three categories were as follows: roads, 11; code enforcement including animal control, 19; and crime suppression, 8.

A total of nine people said the measure should be split into two components while eight said it should not.

The question was then posed as to whether or not an advisory measure – asking if the tax should be used for code enforcement (including animal control), crime suppression and roads – should be included if the measure is proposed as a general tax. All 14 people responding to that question replied in the affirmative.

If the measure is proposed as a specific tax, attendees were asked if the city council should appoint an oversight committee for annual review of sales tax expenditures. Of those responding, 17 said an oversight committee should be appointed while one person indicated it should not.

A total of 15 people were in favor of a sunset clause while four people indicated one should not be included in the proposal.

Attendees also were offered the opportunity to provide additional comments, which were addressed in the discussion that led to the conclusion of the meeting.

Lower Lake resident Terri Larsen directed her comments toward code enforcement.

Larsen is president of Manta Corporation Tax and Accounting, an Arizona corporation which has a Lower Lake address but an Arizona phone number. On city documents the corporation is listed as the owner of a red-tagged rental home at 3550 Pomo Road in Clearlake where last month sewage was reported to be surfacing due to an overflowing septic tank.

She suggested the council “cut the fat” and recommended the council reevaluate its health insurance and move coverage to the Affordable Care Act. Larsen also recommended the council seek advice on how to better spend the money it has.

In response, Fortino Dickson said the council is in the process of reevaluating its health coverage as discussed during recent meetings of the council, for which Larsen was not present.

Larsen, who was active in opposing the city's latest sales tax initiative, said there were ways to make code enforcement self-sustainable and that it could “make money.” She did not provide suggestions for doing so, however.

Phillipe said the city is prohibited by law from “making money” through code enforcement, or any city service.

Clearlake resident Mike Vandiver, who was active in the effort to pass the latest measure, directed his comments toward Larsen, suggesting she attend budget hearings.

Additionally, Vandiver said public meeting notices should be posted on marquees around the community.

Larsen also questioned if revenues would be used for enforcement of the city's marijuana cultivation ordinance.

Phillipe explained the ordinance is basically a code enforcement ordinance aimed at preventing large grow sites. She said it is driven by zoning regulations, which, she added, recently resulted in a number of citations for illegal fencing.

Clearlake resident Greg Rippe said that in his longtime employment in area water service, he has witnessed a continued dilapidation of roads and increased blight.

He said he is seeing a loss of interest in coming to the community as area homes are passed down through generations of families.

Rippe said that while he has opposed sales tax initiatives in the past, he now recognizes the need would supports the initiative.

Another area of discussion was Measure P, which currently requires 63-percent of the city's general fund be allocated to the police department.

Clearlake resident Adelia Leonard asked if a general tax were to be passed, would those funds be subject to the 63-percent required allocation. Phillipe said they would.

Staff will consider information gathered at the town hall meeting in developing a recommendation for the council.

Email Denise Rockenstein at This email address is being protected from spambots. You need JavaScript enabled to view it. .

CLEARLAKE, Calif. – On Tuesday police arrested a Clearlake woman for felony vehicle theft.

Police arrested 20-year-old Janea Marrie Armstead, according to Sgt. Rodd Joseph of the Clearlake Police Department.

Joseph said that just before 1 p.m. Tuesday a Clearlake resident reported the theft of her green 2002 Ford Escort from the 3700 block of Pearl Avenue There was no suspect information at the time of the report.

About an hour later, officers responded to the area of Pomo School, located at 3350 Acacia St., on a report of a reckless suspicious vehicle. Joseph said the vehicle was described as a green Ford Escort, occupied by several subjects. Officers began checking the area.

A few minutes later, Det. Ryan Peterson located an occupied green Ford Escort parked near the intersection of Country Club Drive and Arrowhead Road. Joseph said the vehicle had significant rear end damage and the license plate was missing.  

Believing this to possibly be the stolen green Ford Escort, other officers arrived and detained the three occupants at gunpoint. Joseph said the vehicle was determined to be the stolen vehicle from earlier.

During the course of the investigation, the front right passenger admitted to stealing the vehicle earlier in the day. Joseph said she was identified as Armstead.

She was arrested for felony vehicle theft and later booked into the Lake County Jail, Joseph said.

The other two occupants, both of whom were juveniles, were cited for misdemeanor reckless driving, driving without a license and daytime curfew violations. Joseph said both juvenile were released to parents/guardians.  

It is believed neither of the juveniles knew the vehicle was stolen when they drove it and is why they were not charged with vehicle theft, Joseph said.

He said the case has been submitted to the Lake County District Attorney’s Office and to the Lake County Probation Department for charges.  

Joseph said the stolen vehicle was returned to the owner.

Armstead's bail was set at $15,000. Jail records indicated she remained in custody on Thursday.

NORTHERN CALIFORNIA – An Elk Grove man has been formally identified by authorities as the driver of a FedEx semi truck involved in a three-vehicle crash on Interstate 5 near Orland last week that killed 10 people and injured dozens more.

On Tuesday evening, Glenn County Sheriff Larry Jones said the driver of the FedEx semi was 32-year-old Timothy Paul Evans.

Evans was in a FedEx-owned 2007 Volvo semi pulling two trailers traveling southbound near Orland shortly after 5:40 p.m. Thursday, April 10, when – for reasons that are still not known – he crossed the median, sideswiped a Nissan Altima and collided head-on with a 2014 Setra motorcoach operated by Silverado Stages of San Luis Obispo.

Evans was among the 10 people who died in the crash, along with the bus driver, and five Southern California students and three chaperones traveling to an April 11 event for prospective students at Humboldt State University, according to the investigating agencies.

Another 34 people were injured, among them additional students, and Bonnie Duran, driver of the Nissan Altima, and her husband Joe of Lake Tapps, Wash.

Earlier on Tuesday, Jones released the names of three other crash victims identified by his agency, including the driver of the bus, Talalelei Feleni Lealao-Taiao, 53, of Sacramento; Michael Lee Myvett Jr., 29, of Los Angeles, a chaperone on the bus trip; Ismael Jimenez, age 18, a student from Inglewood, as Lake County News has reported.

Last week, Humboldt State said Arthur Arzola, one of its admissions office staffers who was accompanying the students on their trip, was among the victims.

The Glenn County Sheriff-Coroner’s Office is working to finish the identifications on the remaining victims, Jones said.

The National Transportation Safety Board, which sent a team from Washington, DC to Orland last week, said its investigators are remaining on scene for the next several days.

NTSB Board Member Mark Rosekind said this week that Evans had traveled from Sacramento to Weed earlier on the day of the crash. There, he dropped off two trailers and picked up two others. The front trailer at the time of the crash was partially loaded, with the second trailer empty.

Investigators are collecting manifests to determine the specifics of that partial load, especially if there was any hazardous material that the load included, Rosekind said.

Bonnie Duran told the NTSB that she saw flames coming out from underneath the cab of the FedEx truck before it sideswiped her and hit the motorcoach head on.

However, Rosekind said this week, “Our fire group has examined the accident scene and vehicles. There is no evidence of pre-impact fire located at the accident scene, on the median or on the highway.”

NTSB investigators also said that tire marks indicated the FedEx truck didn't brake while traveling through the median or into the northbound lanes.

It was after the truck and bus hit head-on that the vehicles burst into flames, according to the initial investigative reports.

The history and safety of that stretch of Interstate 5 – which was constructed in 1964 – also is being reviewed, according to Rosekind.

The average daily traffic of Interstate 5 in that area totals 23,400 vehicles, 21 percent of which are commercial motor vehicles, he said.

In the past five years, there have been 109 crashes in a 10-mile radius of the April 10 crash scene. Of those, one was fatal, and there were no previous crossover median crashes, Rosekind said.

The area has 58-foot-wide medians lined with oleander bushes. He said that when medians are wider than 50 feet, barriers are an option and are not required.

The NTSB has been asking for witnesses to make reports to law enforcement or to contact them directly at This email address is being protected from spambots. You need JavaScript enabled to view it. . Rosekind said followup interviews with witnesses will take place in conjunction with the NTSB and the California Highway Patrol.

On Tuesday, CHP also issued a request for public assistance in its ongoing investigation.

The CHP is asking for any witnesses or anyone with information about the crash – including photographs and video – to contact CHP Officer Lacey Heitman of the Northern Division Office, telephone 530-225-2715 or email, This email address is being protected from spambots. You need JavaScript enabled to view it. .

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.

LAKE COUNTY, Calif. – Two California Highway Patrol officers were justified in shooting at a suspect after he initially fired on them during an October 2013 confrontation, according to the conclusion offered by the District Attorney's Office in a report released Monday.

District Attorney Don Anderson's office conducted the investigation into the noninjury officer-involved shooting, which occurred on Oct. 19, 2013, in Kelseyville.

Early that morning, CHP Officers Shane Roach and Glen Thomas attempted to stop a Chevy Tahoe driven by William Edward Steele of Hopland.

Steele fled and at the same time opened fire on the officers with a handgun. Roach and Thomas pursued Steele, who did a u-turn and fired at them again, according to Anderson's report.

Anderson's report said Roach and Thomas fired a total of 21 rounds with their .40 caliber handguns, striking the Chevy Tahoe.

No one was injured in the exchange of gunfire, however during the pursuit one of the passengers in Steele's vehicle, Jeremy John, attempted to jump from the moving vehicle. He struck his head on the pavement, was injured and later died.

When John jumped from the vehicle, Roach and Thomas stopped the pursuit to render aid to him, Anderson reported.

The other two passengers – Davina Del Gadillo and Cody Potter – were able to get out of the vehicle safely after Steele fled the scene, according to Anderson's report.

Steele would later leave the Chevy Tahoe and was apprehended in a creek bed by Wilkinson Road in Kelseyville.

“It is the findings of the Lake County District Attorney that Officers Thomas and Roach were justified in shooting at the white Tahoe and suspects in that vehicle, and were acting in self defense within the meaning of California statute and case authority,” Anderson wrote.

Steele, 40, has since been charged with numerous felonies for the incident, including murder for John's death.

Anderson's full report can be seen below.

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.

LAKE COUNTY DISTRICT ATTORNEY’S FINAL REPORT
REGARDING OFFICER INVOLVED SHOOTING OF
WILLIAM EDWARD STEELE ON OCTOBER 19, 2013

INTRODUCTION

On October 19, 2013, two officers of the California Highway Patrol attempted to stop a suspected drunk driver.  When the vehicle fled the driver of the vehicle opened fire on the officers with a hand gun.  The officers pursued the vehicle which made a u-turn and once again fired at the officers.  The officers returned fire at the suspect.  No persons were injured by the exchange of gun fire; however, one person in the suspect vehicle died as a result of his injuries when he attempted to jump out of the moving vehicle.

It is the findings of this office that the California Highway Patrol Officers were justified in discharging their firearms at the fleeing suspects.

FACTS

On Saturday, October 19, 2013 at about 2:30 a.m., California Highway Patrol Officers Roach and Thomas were on patrol in a marked patrol unit.  The officers observed a White Chevrolet Tahoe driving northbound on Highway 29.  The officers attempted to affect a car stop on the vehicle to conduct an investigation to determine if the driver was driving under the influence.

The vehicle was occupied by the driver William Edward Steele. Also, in the vehicle were Davina Del Gadillo in the right front passenger’s seat and Jeremy Isiah John and Cody Potter in the back seat.

The White Tahoe pulled to the shoulder of Highway 29 near Cruickshank Road, in Kelseyville, and came to a stop.  As the CHP Officers were getting ready to exit their vehicle, the driver, later identified as William Edward Steele started to make an abrupt left turn.  The officers were able to see Steele through the rolled down driver’s window.  The officers then saw a muzzle flash from the driver side window and heard the sounds of gunshots from the suspect’s .380 caliber handgun.  

The White Tahoe then continues northbound on Highway 29.  The CHP Officers caught up to the White Tahoe near the intersection of Live Oak Drive and Highway 29.  The White Tahoe pulled to the right side of the road and stopped just before the Kelsey Creek crossing.  As the CHP Officers were starting to conduct a felony car stop, the White Tahoe made a U turn and accelerated back southbound on Highway 29.     
        
William Edward Steele again started firing approximately five rounds towards the CHP Officers.  Officer Roach, the driver of the CHP car, was attempting to retrieve a long gun from between the front seats.  At the same time, Officer Thomas saw and heard the gun shots coming from the driver window of the White Tahoe.  Officer Thomas said he looked for Officer Roach and saw Officer Roach was moving towards the rear of the patrol car.  

Officer Thomas, fearing for Officer Roach’s safety, as well as his own, returned fire at the White Tahoe with his handgun.  Officer Roach also returned fire at the White Tahoe in order to stop the threat from William Edward Steele.  Both officers were firing with their .40 caliber handguns and fired a total of approximately 21 rounds.

The White Tahoe was hit by bullets several times but continued southbound on Highway 29, then turned right onto Live Oak Drive.  The CHP Officers pursued the White Tahoe and turned south onto Live Oak Drive.  As the officers turned onto Live Oak Drive they found the body of Jeremy Isiah John lying in the roadway.  The CHP Officers stopped their pursuit and rendered aid to Mr. John.

It was later determined the white Tahoe had slowed down and Davina Del Gadillo jumped out of the vehicle. Apparently, Jeremy John also tried to exit the vehicle; however, he fell out striking his head on the pavement.  Mr. John Later died as a result of his injuries.

The white Tahoe continued down Live Oak Drive and turned into a trailer park where Cody Potter was able to get out of the vehicle.  William Steele then continued down Live Oak Drive as the sole occupant. The vehicle was later found abandon on Heather Lane off of Live Oak Drive, less than one mile from the shooting scene.

William Edward Steele fled the vehicle but was apprehended that morning by Sheriff Deputies with the assistance of a citizen and the CHP air unit, in a creek bed by Wilkinson Road in Kelseyville.

William Edward Steele is currently facing criminal charges in the Lake County Superior Court.

LEGAL ANALYSIS

The relevant California statutory and case law regarding this matter is set forth below.

Penal Code Section 196 states:  “Homicide is justifiable when committed by public officers and those acting by their command in their aid and assistance, either –

1. In obedience to any judgment of a competent Court; or,
2. When necessarily committed in overcoming actual resistance to the execution of some legal process, or in the discharge of any other legal duty; or,
3. When necessarily committed in retaking felons who have been rescued or have escaped, or when necessarily committed in arresting persons charged with felony, and who are fleeing from justice or resisting such arrest.

In Munoz v. City of Union City (2004) 120 Cal.App.4th 1077, 1102, the court held that an officer “may use reasonable force to make an arrest, prevent escape or overcome resistance, and need not desist in the face of resistance.” “Unlike private citizens, police officers act under color of law to protect the public interest. They are charged with acting affirmatively and using force as part of their duties, because “the right to make an arrest or investigatory stop necessarily carries with it the right to use some degree of physical coercion or threat thereof to effect it.” Munoz, supra, 120 Cal.App.4th at p. 1109. “‘[Police officers] are, in short, not similarly situated to the ordinary battery defendant and need not be treated the  [17] same. In these cases, then, “… the defendant police officer is in the exercise of the privilege of protecting the public peace and order [and] he is entitled to the even greater use of force than might be in the same circumstances required for self-defense.

In Martinez v. County of Los Angeles (1996) 47 Cal.App.4th 334, 349, the court held  “The test for determining whether a homicide was justifiable under Penal Code section 196 is whether the circumstances ‘reasonably create[d] a fear of death or serious bodily harm to the officer or to another.”  citing Martinez v. County of Los Angeles (1996) 47 Cal.App.4th 334, and Brown v. Ransweiler, 171 Cal. App. 4th 516, 533

In this matter, the officers were on duty and acting in the officers’ official peace officer capacities when the officers stopped a driver who may have been under the influence.  The officers were then fired upon by the driver of the vehicle.  The vehicle then fled the scene with the officer pursuing the vehicle.  The vehicle then made a U-turn and driver again opened fire from the vehicle at the officers.  The officers returned fire at the suspect vehicle that fled the scene.

The pursuit ended when the officers stopped to render aid to Jeremy John who was lying in the street mortally injured.

FINDINGS

It is the findings of the Lake County District Attorney that Officers Thomas and Roach were justified in shooting at the white Tahoe and suspects in that vehicle, and were acting in self defense within the meaning of California statute and case authority.

                        ________________________________
                        Don A. Anderson
                        Lake County District Attorney