LOWER LAKE, Calif. – Authorities have arrested a Kelseyville man on suspicion of driving under the influence of alcohol following a Tuesday evening crash that sent both the man and an Oregon woman to a regional trauma center with major injuries.

The California Highway Patrol said Michael Woodbury, 34, was arrested following the crash, which also injured Gael Thornton, 76, of Merlin, Ore.

The wreck occurred at 7:34 p.m. on Highway 29 just north of Manning Flats, between Kelseyville and Lower Lake, the CHP said.

The CHP report said Woodbury was driving a 2001 Toyota Sienna van southbound on Highway 29 at a high rate of speed, with Thornton coming from the opposite direction in a 2000 Toyota Solara at about 45 to 50 miles per hour.

Woodbury, who allegedly was intoxicated, lost control of his vehicle and crossed over the solid double-yellow lines, hitting Thornton head-on, according to the report.

Air ambulances flew both Woodbury and Thornton to Santa Rosa Memorial Hospital, the CHP said.

Both Woodbury and Thornton were wearing their seat belts, the report stated.

The CHP said the collision remains under investigation.

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 cold weather system moving down from the Gulf of Alaska will bring an abrupt change in temperatures beginning Tuesday, with chances for overnight frosts throughout Memorial Day weekend.

According to Western Weather Group Lake County, as the system approaches the Pacific Northwest, blustery south west to westerly winds will pick up across our area, bringing daytime highs on Tuesday that will be 10 to 12 degrees cooler than the previous day.

Temperatures will continue trending downward on Wednesday when daytimes highs are only expected to reach into the 60s.

With the cold, dry air mass, wind-protected valley areas may see a light frost as temperatures drop into the low- to mid-30s overnight on Wednesday.

Daytime highs on Thursday are expected to be about the same as Wednesday, ranging into the 60s, but with little daytime heating, overnight temperatures will once again drop to near freezing and overnight frost will once again be possible.

If the system remains dry – which forecasters predict it will – frost overnight remains a possibility in isolated areas throughout the weekend.

Daytime highs Friday through Sunday will increase back into the 70s, but will remain below normal temperature for this time of year.

This cooler-than-normal trend is forecast to remain until the beginning of June.

While the last official frost date of the year for Lake County is May 15, that only means there is a 90 percent chance that no more frost will occur.

This may be one of those years in the 10 percent category, so residents in frost-prone areas are encouraged to protect tender plants such as tomatoes, potatoes, zucchini, cucumbers and basil that  already have been planted.

Another unsettled weather system with a slight chance for rain also is approaching next week according to forecasters; more information will be available as it moves closer.

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

MIDDLETOWN, Calif. – A single-vehicle crash early Monday morning claimed the life of a young Middletown man.

Dinoti R. Mosley, 20, died when his car went off of Highway 175 near Anderson Springs and struck a tree at about 6:30 a.m., according to the California Highway Patrol’s Clear Lake Area office.

The CHP said Mosley, driving a 1994 Geo Prizm, was traveling westbound on Highway 175 east of Anderson Springs Road at an unknown speed when the crash occurred.

Mosley was negotiating a lefthand curve in the roadway when the Prizm went off the right side of the road and hit a tree, the CHP said.

The CHP and Cal Fire responded to the crash scene, where Mosley died of his injuries, according to the report.

Mosley was not wearing a seat belt, the CHP said.

One-way traffic control was in effect for an hour as emergency personnel worked to remove the vehicle, according to the CHP.

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.

KELSEYVILLE, Calif. – Two people were reported to have been injured in a head-on collision on Highway 29 near the Konocti Conservation Camp Tuesday evening.

The crash occurred just after 7:30 p.m. and involved a dark blue minivan and a silver two-door Toyota, according to initial reports from the California Highway Patrol.

The vehicles were blocking the highway, which was shut down as emergency personnel and CHP officers responded to the scene, according to radio reports.

Reports from the scene indicated that an elderly female was trapped in the Toyota.

With major injuries reported, two air ambulances were called to the scene to fly patients out of county to a regional trauma center, based on radio reports.

REACH 6 and CalStar 4 both responded to a nearby landing zone, with REACH lifting off just after 8:15 p.m. and CalStar 4 taking off about 10 minutes later, reports from the scene indicated.

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.

LAKE COUNTY, Calif. – The California Highway Patrol is planning a special upcoming enforcement in Lake and Mendocino counties focusing on motorcycle safety and seeking to reduce impaired driving.

According to preliminary figures from the CHP’s Statewide Integrated Traffic Records System, more than 400 people were killed and nearly 12,000 people were injured in motorcycle-involved collisions in 2011, representing a nearly 20 percent increase in the death rate in California from the previous year.

“Operating a motorcycle or driving a vehicle while impaired can have deadly consequences,” said CHP Lt. Greg Baarts, commander of the Clear Lake office.

Lake and Mendocino counties provide a primary thoroughfare, linking Interstate 5 and US 101 via State Routes 20, 29 and 53.

These scenic and winding roadways are favored by thousands of motorcyclists, often while riding in special motorcycle-related events.

Alcohol is also commonly served at these events, which compounds the problem. Some of the visitors to nearby wineries also drive while impaired through Lake and Mendocino counties.

To address the issue, CHP’s Clear Lake and Ukiah Areas will conduct a joint grant-funded enforcement day on Friday, May 24, focusing on motorcycle safety and impaired driving.

Officers will be looking for violations made by drivers and riders alike that can lead to motorcycle crashes.

They also will be cracking down on both those operating regular vehicles and motorcycles that are under the influence of drugs or alcohol, or committing any other dangerous violation.

“I am hopeful the enhanced enforcement efforts directed towards ensuring motorcycle safety and removing impaired drivers from our roadways, will help reduce the number of injury collisions during the Memorial Day Weekend,” said Capt. Jim Epperson, commander of the Ukiah Area office.

Lt. Baarts provided some helpful advice to motorcyclists to help prevent being involved in a collision:

– Slow down. Speeding is the leading overall cause of injury or death in traffic collisions after driving under the influence. Did you know that even if you are a very good rider, but are speeding, others may often misjudge your speed when they pull out from a stop sign or side road?

– Be visible. Remember that motorists often have trouble seeing motorcycles and reacting in time. Make sure your headlight works and is on day and night. Be aware of blind spots in cars and trucks. Don’t travel in the center of a lane.

– Use the proper protection. Wearing a proper Department of Transportation compliant helmet is the most important safety equipment. Helmets save lives by reducing head injuries in the event of a crash. It is also important to wear shoes, gloves, and protective clothing. Thick, protective gear not only provides comfort from the elements, but may also be all there is between you and the pavement in a collision.

– Don’t ride under the influence. Riding a motorcycle takes coordination, balance, and good judgment. Alcohol and other drugs can affect your ability to think clearly and ride safely.

Officers from both areas will be out in force patrolling US-101 and SR-20 in Mendocino County, and Highways 20, 29 and 53 in Lake County.

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.

NORTHERN CALIFORNIA – On Monday morning investigators remained at the scene of a fatal plane crash that killed a Susanville couple near Auburn on Saturday night.

The single-engine, fixed-wing Cessna 170 crashed under unknown circumstances in a wooded area one mile south of the Auburn airport around 9 p.m. Saturday, according to Federal Aviation Administration spokesman Ian Gregor.

Dena Erwin of the Placer County Sheriff’s said the crash victims were Bruce Aldridge Rhymes, 59, and his wife Kathy Lorraine Rhymes, 58, both of Susanville.

The plane was registered to the couple, according to the FAA’s plane registry.

Josh Cawthra, an aviation accident investigator with the National Transportation Safety Board, was at the scene on Monday.

He confirmed to Lake County News that the plane had taken off from Middletown but said he could not offer further details until later on Monday.

According to a statement from the Placer County Sheriff’s Office, the agency received a call from the  California Office of Emergency Services at 12:30 a.m. Sunday to assist in a search for a possible downed aircraft near the Auburn airport.  

Commercial airliners confirmed a distress signal from an aircraft’s emergency locating transmitter, and CalEMA also provided specific GPS information for the California Highway Patrol’s fixed wing and Placer County Sheriff’s helicopter, according to the report.

Placer County officials said the accident site was located by the joint efforts of CHP’s fixed wing and a sheriff’s deputy on the ground equipped with a handheld radio programmed with the distress signal information.

Gregor said the wreckage was found around 1:45 a.m. Sunday.

He said both NTSB and FAA investigators were at the crash site on Sunday.

A basic preliminary report should be available from the NTSB within a week or two, said Gregor, adding that it typically takes the NTSB months to come up with a probable cause for accidents.

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. – The District Attorney’s Office has issued a final report on an officer-involved shooting last October, ruling that a California Highway Patrol officer was justified in shooting to death a man who attacked her on the side of the highway.

On Monday District Attorney Don Anderson released the report, which he told Lake County News is part of the process set forth in a county critical incident protocol used when officer involved shootings take place.

Anderson’s office investigated the shooting, which occurred last Oct. 24.

Ronald Walter Ossenberg, 52, of Orange County was shot to death after he attacked a CHP officer who stopped to check on him on the side of the road. At the time, he was parked in a 2010 Toyota Camry he allegedly had stolen.

While Anderson’s report does not name the officer, the CHP has identified her as Erica Coddington.

According to the investigation, Ossenberg had a lengthy criminal history that included nearly 40 arrests on charges that related to drugs, violence against peace officers and domestic violence. He also was a registered sex offender.

Ossenberg was released from the Orange County Jail on Oct. 3, 2012 – three weeks before the shooting occurred – after serving 43 days of a 90 day jail sentence, according to Anderson.

Sometime between Oct. 9 and Oct. 14, Ossenberg is alleged to have stolen the vehicle from Fullerton and headed north on Highway 1, stopping to stay with friends in Cambria, the report explained.

At 6 a.m. Oct. 20 he was found sleeping in the stolen car at Hearst San Simeon State Park by Officer Nick Chase of the California Department of Parks and Recreation, Anderson said.

Ossenberg refused to obey Chase’s orders and fled in the car. Chase had to move behind his vehicle to avoid being hit by Ossenberg’s car, and Ossenberg escaped because the officer couldn’t pursue him.

The investigation stated that on Oct. 23 Ashley Hendricks reported her backpack was stolen from the Golden Gate Bridge Vista Point area. The backpack – which contained her wallet, credit cards, checks and some clothing – later would be found inside the stolen Camry following Ossenberg’s death, Anderson reported.

Ossenberg is believed to have arrived in Lake County on Oct. 24. Anderson’s report said Ossenberg parked the Camry off the right shoulder of the northbound lane of Highway 29, south of C Street in Lower Lake and appeared to have fallen asleep.

It was just before 2 p.m. that day that Coddington stopped to check on the Camry, based on the report. She had Ossenberg get out of the vehicle to check if he was under the influence of alcohol. While he didn’t show signs of being drunk, Anderson reported that it later was discovered Ossenberg’s blood alcohol level was .22 percent, nearly three times the legal limit.

Coddington asked dispatch for a warrant check and driver’s license information, finding out that Ossenberg had a no-bail felony warrant for his arrest, according to the report.

When Ossenberg heard Coddington call for a cover unit to assist, he grabbed her by the neck and then threw her on the ground, getting on top of her and trying to get her gun out of the holster, Anderson reported.

Gilberto Lopez III was driving northbound past Coddington’s patrol vehicle when he saw Ossenberg grab her in a bear hug and throw her to the ground. Anderson said Lopez immediately skidded to a stop, got out of the vehicle and ran to Coddington’s aid.

The report said Lopez saw Ossenberg grab for the gun and he heard a single shot. Lopez then watched as Ossenberg went back to the Camry, got in and drove onto the highway. Ossenberg crossed the southbound lane and drove off the roadway’s west side, going through a wire fence at the edge of the vineyard before the vehicle came to a stop.

Anderson said it was Lopez running toward Ossenberg that diverted his attention from the struggle for the gun. As Ossenberg turned to look at Lopez, Coddington was able to get control of her gun, and she drew and fired one round while Ossenberg was still on top of her.

After Ossenberg tried to flee in the vehicle, Coddington requested emergency backup and reported that shots had been fired. Anderson said Lopez and Coddington then tried to help Ossenberg while waiting for medical units to arrive. Ossenberg later was pronounced dead at the scene.

Anderson said the investigation revealed the bullet entered through the right side of Ossenberg’s lower back, fracturing the posterior right 11th rib, perforating the liver and right ventricular wall of the heart, and fracturing the anterior left sixth and seventh ribs before lodging in the subcutaneous tissue of the anterior left chest wall.

He said the bullet trajectory “was back to front, right to left, and upward,” which is consistent with Coddington shooting Ossenberg as he was on top of her.

Citing case law, Anderson concluded that Ossenberg’s shooting was justifiable homicide.

Anderson said Coddington’s belief that Ossenberg would have killed her had he gotten her firearm “was a justifiable fear of death or serious bodily harm to the officer.”

Anderson added, “Ossenberg’s violent conduct and his ability to violently over power the officer with such force and skill, was such that a reasonable person in the same situation would be in actual fear of their life or being inflicted with great bodily harm.”

He said that there also was “substantial evidence to sustain the finding” that Ossenberg intended to do great bodily injury to Coddington or to kill her had he gotten possession of the gun. Had he gotten the gun, Lopez’s life and the lives others also could have been in “imminent jeopardy.”

Anderson’s full report is 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
RONALD WALTER OSSENBERG ON OCTOBER 24, 2012

INTRODUCTION

On October 24, 2012, a California Highway Patrol Officer stopped to assist a motorist off the north bound lane of Highway 29, south of the town of Lower Lake, California. The sole occupant of the vehicle, Ronald Walter Ossenberg had felony warrants for his arrest from the Orange County Superior Court.

Ronald Walter Ossenberg attacked the officer grabbing the officer by the neck and then throwing the officer to the ground. Ossenberg wrestled with the officer and attempted to remove the officer’s firearm. The officer was able to gain control of the firearm and fire one fatal shot into the body of Ossenberg.

It is the finding of this office that the killing of Ronald Walter Ossenberg was justifiable homicide pursuant to California Penal Code Section 196.

PROCEDURES

Pursuant to the Lake County Law Enforcement Fatal Incident Protocol of 2012, the Lake County District Attorney Investigation Division conducted the investigation into the incident along with the CHP Critical Incident Investigation Team. Also assisting District Attorney’s office investigation were several officers and investigators from the Lake County Sheriff’s Department and the Clear Lake Police Department.

This report and findings are conducted pursuant to California State law and the Lake County Law Enforcement Fatal Incident Protocol of 2012.

FACTS

Ronald Walter Ossenberg was homeless after his release from the Orange County jail on October 3, 2012. Ossenberg has a lengthy history of criminal offenses, including crime of violence against police officers, domestic violence, drug offenses and was a registered sex offender at the time of the incident. Ronald Ossenberg’s criminal history includes the following events:

October 9, 1980, arrested for petty theft and resisting arrest spends 2 days in jail.

February 2, 1982, arrested for burglary, charges were dismissed.

February 20, 1982, arrested for possession for sale and transportation of marijuana, charges were dismissed.

June 22, 1988, arrested possession of controlled substances, indecent exposure, being under the influence of controlled substance resisting arrest and battery on a peace officer, sentenced to probation and jail time.

July 30, 1990, arrested for possession of narcotic paraphernalia, being under the influence of a controlled substance and resisting arrest. sentenced to 200 days in the county jail.

September 27, 1990, arrested for being under the influence of a controlled substance, sentenced to 200 days concurrent.

October 6, 1990, arrested for being under the influence of a controlled substance and possession of narcotic paraphernalia, sentenced to 200 days concurrent.

August 18, 1991, arrested for possession of narcotic paraphernalia, sentenced to 90 days in jail.

September 20, 1991, arrested for being under the influence of controlled substance, sentenced to 90 days concurred.

October 31, 1991, arrested for being under the influence of controlled substance, resisting arrest, battery on a peace officer and battery on emergency personnel, sentenced to 90 days concurrent.

February 20, 1993, arrested for providing a peace officer with false information, sentenced to 15 in jail.

June 5, 1993, arrested for felony receiving stolen property, sentenced to 240 days in jail.
    
August 11, 1993 arrested for grand theft, sentenced to 16 months in prison.

September 14, 1996, arrested for resisting arrest, sentenced to 20 days in jail.

October 10, 1997, arrested for violation of parole.

May 19, 1998, arrested for possession of narcotic paraphernalia, sentenced to 160 days in jail.

April 7, 1999, arrested for possession of controlled substance and being under influence of controlled substance, sentenced to 16 months in prison.

May 28, 1999, arrested for violation of parole.

July 17, 2000, arrested for indecent exposure, resisting arrest and violation of parole, sentenced to 180 days in jail.

December 26, 2001, arrested for violation of parole.

August 19 2002, arrested for violation of parole.

January 13, 2003, arrested for violation of parole.

March 24, 2003, arrested for violation of parole.

June 3, 2005, arrested for mayhem, inflicting injury on spouse and vandalism, sentenced to two years in prison.

August 21, 2005, arrested for stolen vehicle, receiving stolen property and resisting arrest, sentenced to two years in prison.    

September 19, 2006, arrested for violation of parole.

February 17, 2007, arrested for violation of parole.

December 7, 2007, arrested for violation of parole.

February 14, 2008, arrested for violation of parole.

August 20, 2008, arrested for violation of parole.

February 10, 2009, arrested for violation of parole.

July 31, 2009, arrested for violation of parole.

May 14, 2010, arrested for violation of parole.

February 22, 2011, arrested for stolen vehicle, sentenced to 30 days.

February 13, 2011, arrested for driving under the influence and stolen vehicle, sentenced to 180 days in jail.

October 1, 2011, arrested of trespassing, sentenced to 90 days in jail.

December 23, 2011, arrested for felony stolen vehicle, sentenced to 180 days in jail.

August 21, 2012, arrested for violation of probation.

August 21, 2012, arrested for violation of probation, sentenced to 90 days in jail.

Ronald Wayne Ossenberg was released for the last time from the Orange County jail on October 3, 2012, at about 0236 hours, after serving 43 days of a 90 day jail sentence.

Between October 9 and October 14, 2012, Ronald Walter Ossenberg was believed to have stolen a 2010 Toyota Camry, California license 6VXV246, from a car lot in Fullerton, CA. Ossenberg became a primary suspect in this auto theft in part because his father owns the gated complex housing the car lot, which Ossenberg had access to. Additionally, Ossenberg had stolen a vehicle from that location six to eight months prior.

It is believed that Ronald Ossenberg drove the stolen vehicle north up Highway 1. On October 16 or 17, 2012, Ossenberg visits Christa Orndoff and Mark Milligan in Cambria, California. Orndoff allowed Ossenberg to stay with her for about four days. Orndoff observed Ossenberg consume large quantities of alcohol in short amounts of time. Orndoff said Ossenberg got mean when he drank alcohol. Mark Milligan is a neighbor of Orndoff and met Ossenberg in a bar in Cambria. Milligan drank some beer and shot pool with Ossenberg. Ossenberg told Milligan he was in trouble and would not be going back to prison. Ossenberg also told Milligan that Milligan would never see Ossenberg again.

On October 20, 2012, at about 0600 hours, Ossenberg was contacted by Officer Nick Chase of the California Department of Parks and Recreation. Ossenberg was sleeping in the stolen Toyota at the Santa Rosa Day use park located at Hearst San Simeon State park, about 5 miles north of Cambria California.

Ossenberg disobeys multiple orders given to him by Officer Chase. Ossenberg hears Officer Chase’s dispatch advised on the radio that the Toyota had been reported stolen, Ossenberg ran and got into the Toyota and fled the area. Officer Chase had to move behind his vehicle to avert being hit by Ossenberg’s car. Ossenberg left the area at a high rate of speed and Officer Chase was not able to pursue.

Christa Orndoff last sees Ossenberg on October 21, 2012 at about 1900 hours in Cambria. Milligan last sees Ossenberg on October 21, 2012 between 2130 and 2200 hours leaving the bar in Cambria.

On October 23, 2012, at about 1400 hours, Ashley Hendricks reports her backpack and contents was stolen from the Golden Gate Bridge Vista Point area. Hendricks’ backpack contained her wallet, credit cards, checks and some clothing. Hendricks’ backpack and contents was located in Lake County, inside the stolen vehicle Ossenberg is in at the time of this incident.

On October 24, 2012, Ossenberg drives to Lake County. He parks the stolen 2010 Toyota Camry off the right shoulder of the north bound lane of Highway 29, south of “C” street in Lower Lake, California where he apparently falls asleep.

At 1:57 p.m. a Clear Lake Area California Highway Patrol (CHP) officer stopped to check on the 2010 Toyota Camry. The officer discovered Ossenberg, who is 52 year old male, 6’1” tall and weighing about 220 pounds, sitting inside the vehicle.

At 1:58 p.m. The officer has Ossenberg exit the vehicle for an investigation into driving under the influence of alcohol. Ossenberg shows outward signs of being intoxicated. Later it was learned his blood alcohol level is .22%

At 1:59:53 p.m. The officer radios in to the dispatcher requesting warrant check and drivers license information.

At 2:02:34 p.m. CHP dispatch advised the officer that Ossenberg has a no bail felony warrant for his arrest. The officer calls for a cover unit to assist. Upon hearing this information Ossenberg immediately grabs the officer by the neck and then throws her on the ground. Ossenberg gets on top of the officer and begins trying to get her gun out of the officer’s holster. The officer believes Ossenberg had used this take down move before and may have some sort of marital arts training. The officer describes Ossenberg as swift and powerful with the takedown tactic and he did not get tangled up with the officer’s limbs, and was able to maintain control and stay on top of the officer. The fight between Ossenberg and the officer for the officer’s gun continues. The officer believes the officer was in a fight for the officer’s life and that Ossenberg was trying to get the officer’ gun and kill the officer.

During the beginning of the confrontation Ronald Ossenberg makes a statement something to the effect “I have to go”. At the time he is wrestling for the officer’s firearm he is stating something to the effect “Don’t grab your gun, don’t grab your gun”.

Gilberto Lopez III was driving north bound past the officer’s patrol vehicle. He sees Ossenberg grab the officer in a bear hug and threw the officer to the ground. Lopez immediately skids to a stop off the right side of the north bound lane of traffic and gets out of his vehicle. Lopez runs to the officer’s aid and sees Ossenberg grabbing for the officer’s gun. Lopez hears a single shot. He sees Ossenberg go to his vehicle and sees Ossenberg drive onto the highway. Ossenberg crosses the south bound lane and drives off the west side of the roadway. Ossenberg then comes to a stop after going through a wire fence at the edge of the vineyard.

When Gilberto Lopez exit his vehicle and starts running to assist the officer, Ossenberg diverted his attention from the officer to the approaching Lopez. Ossenberg rose up and turned around to see Lopez. As Ossenberg was looking at Lopez, the officer obtained full control of the officer gun, drew and fired one round at Ossenberg who was still on top of the officer.

The bullet went through a leather jacket and a dress shirt before entering Ossenberg’s right side lower back. There is no burning around the entry hole in the jacket. The round fractured the posterior right eleventh rib, perforated the liver and right ventricular wall of the heart, and fractured the anterior left sixth and seventh ribs lodging in the subcutaneous tissue of the anterior left chest wall. The bullet trajectory was back to front, right to left, and upward.  This is consistent with the officer shooting Ossenberg as he was on top of the officer while turning to the left to see Lopez.

Ossenberg gets off of the officer and enters his vehicle. He starts driving back onto Highway 29. Ossenberg drives across Highway 29, crossing the south bound lane and off west side shoulder of the roadway. Ossenberg drives through a wire fence and comes to rest at the edge of a vineyard.

At 2:03 p.m. the officer commences radio traffic requesting emergency back up, that the officer has been attacked, and shots have been fired. The officer also gives the direction of travel of the suspect vehicle.

The officer and Lopez went and rendered aid to Ossenberg who was still breathing when first contacted in the car. It became necessary for the officer to break the passenger side window to gain entry into the vehicle. Medical units arrived on scene and took over first aid on Ossenberg. Ossenberg succumbed to the gun shot injury and died on scene.

LEGAL ANALYSIS

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

California Penal Code Section 197 states in part:

“Homicide is also justifiable when committed by any person in any of the following cases:
1. When resisting any attempt to murder any person, or to commit a felony, or to do some great bodily injury upon any person; or,…
3. When committed in the lawful defense of such person, or of a wife or husband, parent, child, master, mistress, or servant of such person, when there is reasonable ground to apprehend a design to commit a   felony or to do some great bodily injury, and imminent danger of such design being accomplished; but such person, or the person in whose behalf the defense was made, if he was the assailant or engaged in mutual combat, must really and in good faith have endeavored to decline any further struggle before the homicide was committed; or,…”

The test for determining justifiable homicide is apparent necessity, i.e., an honest and reasonable belief in the apparent peril and the need for self defense is enough. The means used, whether deadly or nondeadly force, must be reasonable under the circumstances. In People v. Sonier (1952) 113 Cal.App.2d 277, 278 the court held “The justification of self defense requires a double showing: that defendant was actually in fear of his life or serious bodily injury and that the conduct of the other party was such as to produce that state of mind in a reasonable person.”

In a recent case, People v. Flores, 2013 Cal. App. LEXIS 372, the court noted “It is well settled that the determination of the extent of such an injury is essentially a question of fact for the trier of fact, not a question of law. "Whether the harm resulting to the victim . . . constitutes great bodily injury is a question of fact . . . . [Citation.] If there is sufficient evidence to sustain the . . . finding of great bodily injury, we are bound to accept it, even though the circumstances might reasonably be reconciled with a contrary finding.” citing People v. Escobar (1992) 3 Cal.4th 740, 750 and People v. Kent (1979) 96 Cal.App.3d 130, 136-137

California Penal Code Section 196 (Justifiable homicide by public officers) 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 officer was on duty and acting in the officer’s official Peace Officer capacities when the officer stopped to check a vehicle off the side of the highway. Prior to the assault, the officer was advised Ronald Walter Ossenberg had a felony no bail warrant. The officer then requested a cover unit. Ossenberg then attacked the officer by grabbing the officer by the neck and then throwing the officer to the ground. Ossenberg got on top of the officer and tried to wrestle the firearm away from the officer.

The officer thought the officer was in a fight for the officer’s life because Ossenberg did not just knock the officer down and run away; he was fighting for the officer firearm. The officer knew in the officer mind if Ossenberg got the officer’s firearm he would kill the officer. The officer was able to fire one round from the officer’ firearm at Ossenberg to stop him from assaulting the officer and gaining possession of the officer firearm.

FINDINGS

Based on the events of this incident, the officer’s belief that had Ronald Walter Ossenberg obtained the officer firearm he would kill the officer, was a justifiable fear of death or serious bodily harm to the officer. Ossenberg’s violent conduct and his ability to violently over power the officer with such force and skill, was such that a reasonable person in the same situation would be in actual fear of their life or being inflicted with great bodily harm.

Further, there is substantial evidence to sustain the finding that Ossenberg intended to do great bodily injury or death to the officer if he obtained the officer firearm. If Ossenberg gained possession of the officer’s firearm, the officer’s life, as well as Gilberto Lopez’s life and the life of others would be placed in imminent jeopardy.

It is the findings of the Lake County District Attorney that the taking of Ronald Walter Ossenberg’s life was justifiable homicide pursuant Penal Code Sections 196 and 197.

Don A. Anderson
Lake County District Attorney

LAKE COUNTY, Calif. – Residents of Lake County are invited to join “Climb to the Peak of Health” – a project designed to engage our community in working together toward bettering health.

The national Centers for Disease Control awarded a two-year grant to St. Helena Hospital Clear Lake to address such issues as tobacco use, active living, healthy eating, and the importance of emotional well-being in Lake County.

The hospital is working with the Health Leadership Network to create and implement strategies that focus of those four areas.

One of “Climb to the Peak of Health’s” first steps is gathering input from the community on health habits and the kind of health information that would result in action.

By going to the project Web site, www.climbtothepeakofhealth.com , and taking the survey, you can help create strategies that match the needs of Lake County. The survey is mostly yes or no questions and may take five to 10 minutes to complete.

In the most recent release of the national County Health Rankings Report, Lake County was ranked in the bottom five of California’s 58 counties for poorest health outcomes.  

The report ranks nearly every county in the nation and looks at a variety of measures that affect health. The rankings are a collaboration between the Robert Wood Johnson Foundation and the University of Wisconsin Population Health Institute.

The “Climb to the Peak of Health” project is an opportunity to begin changing Lake County’s ranking for the better – starting with our own individual health – by promoting the idea that each small step we take can have big rewards.

The project encourages taking steps that fit easily into one’s lifestyle. For instance, become more active by taking a walk around the block, jumping rope, or trying out a hula hoop. Or visit a farmer’s market or the produce section of your local grocery store to purchase a colorful basket of fresh fruits and vegetables.   

Take the first step by taking the survey. You can take the survey at  http://climbtothepeakofhealth.org/survey.html .

For more information about Climb to the Peak of Health, visit http://climbtothepeakofhealth.org .

CLEARLAKE OAKS, Calif. – Big fish, big fun and an even bigger turnout marked this past weekend’s Clearlake Oaks-Glenhaven Catfish Derby.

The 2013 derby gave out $10,000 in cash and prizes, and had a record number of participants, according to Dennis Locke, one of the annual event’s organizers.

John Sorden of Clearlake topped the field in the adult division with a catfish weighing 22.24 pounds, Locke said. Sorden won a $4,000 cash prize.

Gary McAsey came in second in the adult division with a 21.66-pound fish, followed by Chris Lane of Hood River, Ore., who reeled in a catfish weighing 20.77 pounds, based on derby rankings.

Angelina Godinez of Lakeport won the children’s division with a fish weighing 19.93 pounds. Locke said she took home an Apple iPad.

Rounding out the top three in the children’s rankings were Nalani Marlowe of Clearlake Oaks, with a 17.72-pound fish; and Brice Holt of Sacramento, whose fish weighed 17.19 pounds, according to derby rankings.

Locke said the biggest news may be the derby’s record number of participants.

“We had expected attendance to be up slightly from last year (a record turnout then), but not to the extent that we actually experienced,” Locke said.

Locke said there were 706 adult entries this year, up from 581 last year, and 143 child entries, up from 113 last year.

“The large numbers stressed our volunteer staff pretty well, but I think we still managed to show everyone a good time,” Locke added.

Derby organizers weighed fewer fish by number and weight than last year, probably due to the windy
conditions that persisted on all but the last day, he said.

A total of 261 fish were caught during the three-day tournament, with a total weigh of 3,521.09 pounds, according to derby organizers.

As in most years, a large percentage of the derby participants were visitors from outside Lake County.  Locke said approximately 61 percent of those taking part – or 521 people – had traveled to the county for the derby, Locke said.

He added that fishing enthusiasts came from as far away as Arkansas, Idaho, Kansas, Nevada, Oklahoma, Oregon, Texas and Washington. Approximately 327 Lake County residents participated.

The annual catfish derby is the major fundraiser for the Clearlake Oaks-Glenhaven Business Association.

All proceeds are given back to the community in the form of donations, scholarships, grants and funding for the annual July 4 fireworks.

2013 Derby Adult Leaders

NORTHERN CALIFORNIA – Federal aviation investigators are continuing their work to find the cause of a weekend plane crash near Auburn that killed a Susanville couple.

The Placer County Sheriff’s Office said Bruce Aldridge Rhymes, 59, and his wife Kathy Lorraine Rhymes, 58, died in the crash, which occurred Saturday at around 9 p.m. in a wooded area a mile south of the Auburn airport.

The plane involved was a single-engine, fixed-wing Cessna 170 owned by the couple, according to Federal Aviation Administration plane registry records.

National Transportation Safety Board aviation accident investigator Josh Cawthra said the couple was traveling with another plane headed for Auburn.

The first plane took off at about 5:50 p.m. Saturday from the Crazy Creek Glider Port in Middletown, with the Rhymeses’ plane following at 6 p.m., Cawthra said.

The first plane arrived in Auburn without incident. When the Rhymeses’ plane didn’t arrive, the first pilot reported it missing, according to Cawthra.

The Placer County Sheriff’s Office reported that it received a call from the California Office of Emergency Services at 12:30 a.m. Sunday to assist in the search, with commercial airliners confirming that they had received a distress signal from an aircraft’s emergency locating transmitter.

The agency said the search involved a California Highway Patrol fixed wing plane and a sheriff’s deputy on the ground equipped with a handheld radio programmed with the distress signal information.

The wreckage was found close to 2 a.m., Cawthra said.

Cawthra said he arrived on scene on Sunday, with his team joining him Monday. FAA spokesman Ian Gregor said that agency also has investigators who responded on Sunday to the Auburn crash site.

Cawthra and his team documented perishable evidence at the scene that could change due to conditions.

He said the plane’s wreckage was secured and taken to a Sacramento facility, where he and his team will examine it further in an effort to find out what happened.

“From there, we’ve still got a lot of work to do,” he said.

He estimated a preliminary report should be posted on the NTSB Web site this Friday.

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.

LAKEPORT, Calif. – Two people suffered major injuries as the result of a motorcycle crash on Sunday afternoon.

Mark Thibeau, 51, and Joanne Santos, 39, both of Lakeport were injured in the crash, which occurred on Soda Bay Road south of the Highway 175 extension at 4:40 p.m., according to the California Highway Patrol’s Clear Lake Area office.

The CHP said Thibeau was driving a 2007 Harley-Davidson motorcycle eastbound on Soda Bay Road in south Lakeport at an unknown speed, with Santos riding as his passenger.

As Thibeau was negotiating a lefthand curve in the roadway, the motorcycle traveled off the right side of the roadway onto the shoulder and overturned, ejecting Thibeau and Santos, the CHP said.

Both Thibeau and Santos were transported via REACH helicopters to Santa Rosa Memorial Hospital for treatment of major injuries, the CHP said.

The CHP said Thibeau and Santos were both using safety equipment.

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. – Employment prospects in Lake County appeared to have improved in April, with state officials reporting a drop in the number of out-of-work county residents.

The California Employment Development Department’s latest unemployment report said Lake County’s unemployment rate was 12.8 percent in April, down from 14 percent in March and 15.6 percent in April 2012.

Based on Employment Development Department statistics, Lake County’s April unemployment rate is the lowest since November of 2008.

In April unemployment also dropped across California to 9 percent from 9.4 percent in March and 10.7 percent from April of last year. Like Lake County, in April California saw its lowest unemployment rate since November 2008, according to historical reports.

The U.S. unemployment rate also decreased in April to 7.5 percent, down from 7.6 percent in March. The US Bureau of Labor Statistics data shows that’s the lowest nationwide unemployment since December 2008.

Marin, with 4.6 percent, had the lowest unemployment in the state, while Imperial had the highest, with 24 percent, according to the report.

Dennis Mullins of the Employment Development Department’s North Coast Region Labor Market Information Division reported that Lake was ranked No. 44 among the state’s 58 counties for unemployment in April.

Mullins said Lake’s neighboring counties registered the following April unemployment rates: Colusa, 19.9 percent; Glenn, 12.4 percent; Mendocino, 8 percent; Napa, 5.9 percent; Sonoma, 6.5 percent; and Yolo, 9.4 percent.

Total Lake County wage and salary employment increased 10 jobs between March and April and is up 90 jobs for the year over. Eight industry sectors gained or remained unchanged and three declining for the year-over period, according to Mullins.

He said year-over job growth occurred in the farm (+160) and government (+80) categories, with no changes in mining, logging and construction; trade, transportation and utilities; information; financial activities; private educational and health services; and other services.

Industry sectors with declines over the year included manufacturing (-10), professional and business services (-10), and leisure and hospitality (-120), Mullins said.

California’s employment picture

California saw an overall gain of 10,400 nonfarm payroll jobs in April, rising to a total of 14,602,200, according to a survey of 42,000 California businesses. The state has seen 756,900 jobs created since the recovery began in February 2010, the Employment Development Department said.

The Employment Development Department said a second survey it uses to calculate the state’s jobless rates – a federal survey of households, done with a smaller sample than the survey of
employers – also shows an increase in the number of employed people.

The agency said that survey estimated the number of Californians holding jobs in April was 16,951,000, an increase of 71,000 from March and up 443,000 from the employment total in April 2012.

The number of people unemployed in California was 1,673,000, down by 76,000 over the month, and down by 303,000 compared with April of last year, following a gain of 25,200 jobs in March, the Employment Development Department said.

During the April survey week, 497,274 Californians received regular unemployment insurance benefits, compared to 532,831 in March and 552,163 the previous April, the Employment Development Department reported.

Also in April, new claims in California for unemployment insurance were 50,977, compared with 58,842 in March and 63,212 in April 2012, the agency reported.

The report said that seven categories – construction; manufacturing; trade, transportation and utilities;
financial activities; educational and health services; leisure and hospitality; and other services – added jobs in April, gaining 23,300 jobs. Construction posted the largest increase over the month, adding 7,400 jobs.

On the losses side, three categories – information, professional and business services, and
government – reported job declines over the month, down 12,900 jobs. Professional and business services posted the largest decrease over the month, down 6,000 jobs. One category, mining and logging, was unchanged over the month, according to the report.

In a year-over-year comparison – April 2012 to April 2013 – nonfarm payroll employment in California increased by 273,100 jobs, up 1.9 percent, the agency said.

Eight categories – construction; trade, transportation and utilities; information; financial activities; professional and business services; educational and health services; leisure and hospitality; and other services – posted job gains over the year, adding 287,500 jobs, the Employment Development Department said.

Professional and business services posted the largest gains on a numerical basis, adding 71,500 jobs, up 3.2 percent, the report showed, while construction posted the largest gains on a percentage basis, up 7.7 percent, adding 44,800 jobs.

The report said that three categories – mining and logging; manufacturing; and government – posted
job declines over the year, down 14,400 jobs.

Manufacturing posted the largest declines on a numerical basis, down by 10,500 jobs, a 0.8-percent decrease, while the report said mining and logging posted the largest declines on a percentage basis,
decreasing by 1.7 percent, down 500 jobs.

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.