NORTHERN CALIFORNIA – Caltrans and the California Department of Fish and Wildlife remind motorists to remain alert while driving to improve safety for travelers and wildlife alike during “Watch Out for Wildlife (WOW) Week,” Sept. 16-22.

“It’s important that motorists, when driving through areas frequented by deer, elk and other animals, do all they can to protect themselves as well as some of California’s greatest natural resources – our wildlife,” said Caltrans Director Malcolm Dougherty.

The California Highway Patrol reported more than 1,800 wildlife-vehicle collisions in 2010. Approximately $1 billion in property damage is also caused by these incidents.

The Defenders of Wildlife (DOW), a national, nonprofit organization dedicated to protecting native animals and plants, reports more than 200 people are killed in collisions with deer, elk, and other wildlife each year with an estimated 1.5 million animals hit annually.

The WOW campaign is supported by Caltrans, CDFW, and the Road Ecology Center at the University of California, Davis.

Caltrans and its partners work together to protect natural resources while providing safe and effective transportation.

“It’s a shame so many animals are injured and killed on our roads every year,” said Craig Stowers, CDFW's Deer Program Coordinator. “And it’s not a pleasant experience for the drivers who hit them, either. Many deaths, injuries, and costly vehicle repairs could be avoided if drivers would just pay more attention, be aware of when animals are most active and be prepared to react safely if an animal moves onto the road.”

Caltrans and CDFW offer a few tips for motorists:

• Be particularly alert when driving in wildlife areas.
• If you see an animal cross the road, know that another may be following.
• Don’t litter. It could entice animals to venture onto the road.

Examples of what Caltrans, in cooperation with our partners, is doing to reduce wildlife-vehicle collisions:

U.S. Highway 101, San Luis Obispo County

U.S. Highway 101 near San Luis Obispo bisects a major wildlife corridor in the Los Padres National Forest. Caltrans installed electric mats at unfenced intersections to prevent animals from entering the roadway and ramps to allow wildlife to escape from the highway, if necessary. In recognition of this effort, the California Transportation Foundation gave Caltrans its 2013 Safety Project of the Year Award.

State Route 76, San Diego County

State Route 76 serves the North County inland areas of San Diego County. Five wildlife crossings and fencing were installed as part of the SR-76 Melrose to Mission Highway Improvement Project in 2012. A wildlife movement study is now underway to determine the effectiveness of the crossings and fencing. Data gathered from the survey will help improve wildlife fencing and crossing effectiveness.

State Route 89, Sierra County

This month, Caltrans will begin Phase II of the Kyburz Wildlife Crossing Project on State Route 89 in Sierra County. Fencing and other barriers will be erected to prevent wildlife from accessing the highway and encourage use of the undercrossing. In addition, monitoring cameras will be installed to evaluate the effectiveness of the fencing and barriers.

LAKE COUNTY, Calif. – Seven cats are waiting to meet new families this week at Lake County Animal Care and Control.

These cats – four females and three males – come in a variety of colors and ages, and if not already altered will be by the time they head to new homes.

In addition to spaying or neutering, cats that are adopted from Lake County Animal Care and Control are microchipped before being released to their new owner. License fees do not apply to residents of the cities of Lakeport or Clearlake.

If you're looking for a new companion, visit the shelter. There are many great pets there, hoping you'll choose them.

The following cats at the Lake County Animal Care and Control shelter have been cleared for adoption (other cats pictured on the animal control Web site that are not listed here are still “on hold”).

Domestic short hair mix

This female domestic short hair mix is 6 months old.

She has a black and white coat, and has not yet been spayed.

Find her in cat room kennel No. 1c, ID No. 37540.

Dilute calico

This female domestic medium hair mix is 2 years old.

She has dilute calico coloring and blue eyes, and has been spayed.

Shelter staff said she is a very sweet cat, and she is available for a low adoption fee.

She's in cat room kennel No. 6, ID No. 37510.

Male orange tabby

This male orange tabby is 4 years old.

He has a short coat and gold eyes, and has been neutered.

He's in cat room kennel No. 7, ID No. 37700.

Male lynx point mix

This male lynx point mix is 1 year old.

He weighs 9 pounds, has a long coat and has been neutered.

Find him in cat room kennel No. 19, ID No. 37517.

Domestic short hair mix

This domestic short hair mix is 6 years old.

He has seal point coloring and blue eyes, and has been neutered.

He's in cat room kennel No. 28, ID No. 37760.

'Tigger'

“Tigger” is a 7-month-old female domestic medium hair mix.

In she has an orange and white coat, weighs nearly 6 pounds and has been spayed.

She's in cat room kennel No. 74, ID No. 37464.

Female Siamese mix

This female Siamese mix is 2 years old.

She has flame point coloring and blue eyes, and a medium-length coat. She has not yet been spayed.

She's in cat room kennel No. 90, ID No. 37619.

Adoptable cats also can be seen at http://www.co.lake.ca.us/Government/Directory/Animal_Care_And_Control/Adopt/Cats_and_Kittens.htm or at www.petfinder.com .

Please note: Cats listed at the shelter's Web page that are said to be “on hold” are not yet cleared for adoption.

To fill out an adoption application online visit http://www.co.lake.ca.us/Government/Directory/Animal_Care_And_Control/Adopt/Dog___Cat_Adoption_Application.htm .

Lake County Animal Care and Control is located at 4949 Helbush in Lakeport, next to the Hill Road Correctional Facility.

Office hours are Monday through Friday, 8 a.m. to 5 p.m., and 1 p.m. to 3 p.m., Saturday. The shelter is open from 10:30 a.m. to 4:30 p.m. Monday through Friday and on Saturday from 1 p.m. to 3 p.m.

Visit the shelter online at http://www.co.lake.ca.us/Government/Directory/Animal_Care_And_Control.htm .

For more information call Lake County Animal Care and Control at 707-263-0278.

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. – On Friday a jury convicted a Kelseyville man of several felony counts for having had sex with a 13-year-old girl.

Brian Barrett Stasko, 22, was convicted of two counts of lewd and lascivious acts on a child and two counts of statutory rape, according to Senior Deputy District Attorney Ed Borg.

The jury, which deliberated for about a day before handing in its verdict just before noon on Friday, also acquitted Stasko of three counts of aggravated sexual assault on a child, finding there was no force or duress, Borg said.

“They didn’t find enough evidence to convict him of those,” Borg added.

Stasko’s defense attorney, Barry Melton, declined to offer comment on the case.

In January the victim reported to authorities that Stasko had sex with her late last fall, according to Borg.

The girl was staying at a friend’s home when a 19-year-old male took them to another residence. There, the girl drank alcohol and began to feel the effects. She said Stasko told her she could go and sleep in his bedroom.

The girl said Stasko later woke her up and had sex with her, and afterward she fell back asleep, still feeling the effects of the alcohol, Borg said. When the girl woke again in the morning, Stasko was there and had sex with her again.

Following the investigation, Stasko – who was in Marine Corps basic training in San Diego – was arrested. “He hadn’t completed his basic yet,” said Borg, adding that Stasko has since separated from the service.

After Stasko’s arrest, the Marine Corps contacted Borg to make sure that the case had nothing to do with his service, an inquiry that he said was the result of increased concerns over sexual abuse in the military.

The trial began before Judge Andrew Blum on Aug. 28 with jury selection, Borg said. Evidence began on Sept. 5, with the victim testifying that same day, he said.

Evidence wrapped up this Wednesday and closing arguments took place on Thursday. The jury began deliberations just after noon on Thursday and came in early on Friday to continue working their way through the charges.

“This group, I think, was particularly hard-working,” he said of the jury, adding, “They were pretty intent on doing a good job and working hard.”

Borg said he was notified of the verdict just before noon Friday.

Because Stasko was acquitted of the most serious charges, Melton requested that his bail – currently at $1 million – be lowered to reflect the charges for which he was convicted. Borg said that wasn’t an unreasonable request, but under Marsy’s Law the victim has to be informed before the judge can lower bail.

The bail hearing has been put on for 8:15 a.m. Monday in order to give the District Attorney’s Office time to contact the victim, Borg said.

He said the bail schedule would be $150,000 for two counts of lewd and lascivious acts on a child.

At that same Monday hearing, the sentencing date will be set, Borg said.

Stasko could receive probation, but Borg believes that option is extremely unlikely.

As for possible prison time, Borg said Stasko could be looking at five, eight or 10 years.

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 PARK, Calif. – A fire that broke out early Sunday evening in Clearlake Park forced dozens of people from their homes as firefighters continued to work on the incident into the night.

The Lakeshore Fire was first reported shortly after 5 p.m. on Lakeshore Drive just past the gooseneck, according to radio reports.

The fire burned in grass and brush on the area's steep hillsides, coming close to dozens of homes, based on witnesses and reports from the scene.

At around 8:15 p.m., Lake County Fire Chief Willie Sapeta the incident commander, said the fire had burned about 35 to 40 acres, and was between 80 and 90 percent contained. A short time later, Cal Fire said the fire was fully contained.

No structures were lost, Sapeta said, crediting firefighters with an “awesome job” of structure protection.

He said between 20 to 25 homes on San Joaquin Avenue just northwest of the gooseneck were evacuated.

He said there were “hours and hours” of mop up work yet to do, but he estimated that evacuees could be allowed back to their homes as soon as 10 or 11 p.m.

Radio reports indicated that Red Cross was staging resources for evacuees at Highlands Senior Center on Bowers Road in Clearlake, and that Red Cross closed down shortly before 10 p.m.

He said responding agencies included Lake County Fire, Northshore Fire, South Lake County Fire, Kelseyville Fire, Lakeport Fire, Cal Fire and US Forest Service units from the Mendocino National Forest.

Two Cal Fire helicopters and five tankers worked the fire from the air, while Sapeta said there were 20 engines, three water tenders, five crews and several dozen firefighters on scene.

“We'll have resources here all night, Sapeta said.

County Road Superintendent Steve Stangland said county road crews had blocked off Lakeshore Drive at San Joaquin Avenue and Crestview early Sunday evening to keep the roads clear for firefighters.

Shortly before 9 p.m. he Lakeshore Drive had been reopened but San Joaquin Avenue was remaining closed for the time being as firefighters continued their work at the scene.

Radio reports indicated several homes in the fire area were out of power beginning shortly after 8 p.m. Pacific Gas and Electric was on scene to work on the outage.

As for the fire's cause, “I have my investigator on that now,” said Sapeta, noting the area of origin will be under guard throughout the night.

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. – Get ready now to participate in the “Great California ShakeOut,” which takes place next month.

The event is set for Thursday, Oct. 17, at 10:17 a.m.

The ShakeOut is a drill that helps individual Californians as well as organizations prepare to survive and recover from major earthquakes.

As of Saturday, 12.3 million people worldwide were registered to participate, with 8.3 million Californians among them, according to the ShakeOut Web site.

So far, approximately 2,531 Lake County residents will be taking part, including 19 individuals or families, 52 members of local government, 120 individuals in health care, and 2,340 educators and students at K-12 schools and districts, organizers reported.

Check out the Great California Shakeout Web site at http://www.shakeout.org/california/ to learn more about the drill and to register yourself or your organization, as well as to learn about safety during earthquakes. 

Registering is very easy – just click on the red “Register Here!” tab and answer a few questions. 

First, register for your family at home, and, second, make sure your workplace or organization is registered.

The Web site also has many resources to assist your ShakeOut participation. Just click on the “Resources” tab to access that information which will greatly help your involvement in the ShakeOut.

NASA's Voyager 1 spacecraft officially is the first human-made object to venture into interstellar space.

The 36-year-old probe is about 12 billion miles (19 billion kilometers) from our sun.

New and unexpected data indicate Voyager 1 has been traveling for about one year through plasma, or ionized gas, present in the space between stars.

Voyager is in a transitional region immediately outside the solar bubble, where some effects from our sun are still evident.

A report on the analysis of this new data, an effort led by Don Gurnett and the plasma wave science team at the University of Iowa, Iowa City, was published in Thursday's edition of the journal Science.

"Now that we have new, key data, we believe this is mankind's historic leap into interstellar space," said Ed Stone, Voyager project scientist based at the California Institute of Technology, Pasadena. "The Voyager team needed time to analyze those observations and make sense of them. But we can now answer the question we've all been asking – 'Are we there yet?' Yes, we are."

Voyager 1 first detected the increased pressure of interstellar space on the heliosphere, the bubble of charged particles surrounding the sun that reaches far beyond the outer planets, in 2004.

Scientists then ramped up their search for evidence of the spacecraft's interstellar arrival, knowing the data analysis and interpretation could take months or years.

Voyager 1 does not have a working plasma sensor, so scientists needed a different way to measure the spacecraft's plasma environment to make a definitive determination of its location.

A coronal mass ejection, or a massive burst of solar wind and magnetic fields, that erupted from the sun in March 2012 provided scientists the data they needed.

When this unexpected gift from the sun eventually arrived at Voyager 1's location 13 months later, in April 2013, the plasma around the spacecraft began to vibrate like a violin string.

On April 9, Voyager 1's plasma wave instrument detected the movement. The pitch of the oscillations helped scientists determine the density of the plasma.

The particular oscillations meant the spacecraft was bathed in plasma more than 40 times denser than what they had encountered in the outer layer of the heliosphere. Density of this sort is to be expected in interstellar space.

The plasma wave science team reviewed its data and found an earlier, fainter set of oscillations in October and November 2012.

Through extrapolation of measured plasma densities from both events, the team determined Voyager 1 first entered interstellar space in August 2012.

"We literally jumped out of our seats when we saw these oscillations in our data -- they showed us the spacecraft was in an entirely new region, comparable to what was expected in interstellar space, and totally different than in the solar bubble," Gurnett said. "Clearly we had passed through the heliopause, which is the long-hypothesized boundary between the solar plasma and the interstellar plasma."

The new plasma data suggested a timeframe consistent with abrupt, durable changes in the density of energetic particles that were first detected on Aug. 25, 2012.

The Voyager team generally accepts this date as the date of interstellar arrival. The charged particle and plasma changes were what would have been expected during a crossing of the heliopause.

"The team’s hard work to build durable spacecraft and carefully manage the Voyager spacecraft's limited resources paid off in another first for NASA and humanity," said Suzanne Dodd, Voyager project manager, based at NASA's Jet Propulsion Laboratory, Pasadena, Calif. "We expect the fields and particles science instruments on Voyager will continue to send back data through at least 2020. We can't wait to see what the Voyager instruments show us next about deep space."

Voyager 1 and its twin, Voyager 2, were launched 16 days apart in 1977. Both spacecraft flew by Jupiter and Saturn. Voyager 2 also flew by Uranus and Neptune. Voyager 2, launched before Voyager 1, is the longest continuously operated spacecraft. It is about 9.5 billion miles (15 billion kilometers) away from our sun.

Voyager mission controllers still talk to or receive data from Voyager 1 and Voyager 2 every day, though the emitted signals are currently very dim, at about 23 watts – the power of a refrigerator light bulb. By the time the signals get to Earth, they are a fraction of a billion-billionth of a watt.

Data from Voyager 1's instruments are transmitted to Earth typically at 160 bits per second, and captured by 34- and 70-meter NASA Deep Space Network stations.

Traveling at the speed of light, a signal from Voyager 1 takes about 17 hours to travel to Earth. After the data are transmitted to JPL and processed by the science teams, Voyager data are made publicly available.

“Voyager has boldly gone where no probe has gone before, marking one of the most significant technological achievements in the annals of the history of science, and adding a new chapter in human scientific dreams and endeavors,” said John Grunsfeld, NASA’s associate administrator for science in Washington. “Perhaps some future deep space explorers will catch up with Voyager, our first interstellar envoy, and reflect on how this intrepid spacecraft helped enable their journey.”

Scientists do not know when Voyager 1 will reach the undisturbed part of interstellar space where there is no influence from our sun.

They also are not certain when Voyager 2 is expected to cross into interstellar space, but they believe it is not very far behind.

Dr. Tony Phillips  works for the National Aeronautics and Space Administration.

NICE, Calif. – Lake County’s two members of Congress visited the community on Saturday night, sharing dinner and updates on issues, including the developments in Syria.

The Saturday afternoon barbecue dinner event, held at the Sons of Italy Club in Nice, was the first campaign fundraiser in the county for Congressman John Garamendi, who represents the northern part of Lake County. He is up for reelection next year.

He invited along Congressman Mike Thompson, who represents the county’s southern area.

In interviews with Lake County News at the event, both Garamendi and Thompson discussed the latest news about Syria.

Over the past several weeks, Garamendi had strongly urged President Barack Obama to bring the matter to Congress for a debate and vote.

“There is no greater decision we can make than the decision to go to war,” Garamendi, who made appearances on national news channels to argue his case, said late in August.

In recent days, the possibility of the United States taking military action against the government of Syrian President Bashar al-Assad – who on Aug. 21 is alleged to have launched a chemical weapons attack on a Damascus suburb that killed innocent civilians, including children – has lessened as a diplomatic option, proposed by Russia, has arisen.

Assad has said he will hand over his country’s chemical weapons to international control as proposed by the Russians, a move that in the international press he has credited to Russian diplomacy. President Obama has since asked Congress to delay votes on military action against Syria.

An agreement regarding Assad’s chemical weapons handover was put together on Saturday, said Garamendi. “We’re moving very aggressively.”

Now, with plans to try to get Syria to hand over its chemical weapons, Garamendi said it’s possible that within the next year 1,000 tons of “very dangerous weapons” could be removed from Syrian control and destroyed.

“We never, a week ago, imagined that we could take that step,” he said, after the country came close to starting a new war.

He said it won’t be easy and it will take time, and pressure, on the Assad regime.

Earlier this week, after the president addressed the nation a televised speech to argue the case for taking action against Syria, Thompson said that when weapons of mass destruction are used, “as appears to be the case in Syria, there should be a robust, global response to deter these types of atrocities from ever happening again. Any such response, military or otherwise, must be taken with a strong, international coalition.”

However, Thompson has remained skeptical that a US military strike would diminish Assad’s ability to carry out more chemical attacks, a sentiment he reiterated on Saturday.

He said he’s very hopeful that a diplomatic solution will work and avoid a military confrontation, as well as further chemical weapons usage by the Assad regime. “Everybody in the world needs to speak out against that,” he said of chemical weapons usage.

Thompson said he also hopes work with the Russians will succeed and “we’ll be able to get ahold of those chemical weapons, get them out of the Assad quiver and be able to secure those in a way that they don’t fall into the wrong hands.”

See their full comments in the video at top, and event highlights in the second video.

John Jensen contributed to this report.  

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 Lakeport woman wanted in connection to an Aug. 30 home invasion robbery has been arrested.

Raiven Monica Shepherd, 30, was arrested in Nice on Saturday morning, according to Lakeport Police Chief Brad Rasmussen.

Rasmussen said sheriff's deputies located her and took her into custody. She was wanted for first-degree robbery, terrorist threats and assault with a deadly weapon.

On the night of Aug. 30 Shepherd and 47-year-old Tod Dean Syper of Nice allegedly went to a Lakeport home and demanded money, keys and a cell phone, according to the police report.

She is alleged to have brandished a gun and threatened to kill the victim if he didn't comply. A neighbor intervened and during a confrontation with Shepherd and Syper the man discharged two rounds from a shotgun, causing the two robbery suspects to flee the area, police said.

Police said they arrested Syper later that night for first-degree robbery, false imprisonment and assault with a deadly weapon.

Rasmussen said Saturday that the District Attorney's Office has already filed the case against Shepherd and Syper. He added that his officers have been conducting a followup investigation into the incident.

Lakeport Police had a separate outstanding misdemeanor warrant for Shepherd – unconnected to the robbery – for possession of controlled substance paraphernalia, for which she also is being charged, Rasmussen said.

Shepherd is being held on $250,000 bail for the robbery charge, according to her booking sheet. Syper also remains in custody, with his bail remaining at $285,000, jail records showed.

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. – A noninjury crash on Highway 29 has resulted in a temporary road closure, with a detour set up to keep traffic moving.

Shortly after 8 p.m. Friday a large diameter limb from an oak tree fell onto Highway 29 near Kit’s Corner, according to Cal Fire Battalion Chief Greg Bertelli.

A semi truck hit the limb and jack-knifed, blocking the road, Bertelli said. The driver was not injured.

The California Highway Patrol said the semi was pulling two trailers. A tow company has been called to help remove the trailers and the semi.

A detour will take drivers around the scene, from Red Hills Road to Highway 175/Cobb, Bertelli said.

Shortly before 9:30 p.m., Bertelli estimated the closure could remain in effect for another hour. 

Scientists at UC Berkeley have detected previously unknown channels of slow-moving seismic waves in Earth’s upper mantle, a discovery that helps explain “hotspot volcanoes” that give birth to island chains such as Hawaii and Tahiti.

Unlike volcanoes that emerge from collision zones between tectonic plates, hotspot volcanoes form in the middle of the plates.

The prevalent theory for how a mid-plate volcano forms is that a single upwelling of hot, buoyant rock rises vertically as a plume from deep within Earth’s mantle – the layer found between the planet’s crust and core – and supplies the heat to feed volcanic eruptions.

However, some hotspot volcano chains are not easily explained by this simple model, suggesting that a more complex interaction between plumes and the upper mantle is at play, said the study authors.

The newfound channels of slow-moving seismic waves, described in a paper published Thursday, Sept. 5, in Science Express, provide an important piece of the puzzle in the formation of these hotspot volcanoes and other observations of unusually high heat flow from the ocean floor.

The formation of volcanoes at the edges of plates is closely tied to the movement of tectonic plates, which are created as hot magma pushes up through fissures in mid-ocean ridges and solidifies.

As the plates move away from the ridges, they cool, harden and get heavier, eventually sinking back down into the mantle at subduction zones.

But scientists have noticed large swaths of the seafloor that are significantly warmer than expected from this tectonic plate-cooling model. It had been suggested that the plumes responsible for hotspot volcanism could also play a role in explaining these observations, but it was not entirely clear how. 

“We needed a clearer picture of where the extra heat is coming from and how it behaves in the upper mantle,” said the study’s senior author, Barbara Romanowicz, UC Berkeley professor of earth and planetary sciences and a researcher at the Berkeley Seismological Laboratory. “Our new finding helps bridge the gap between processes deep in the mantle and phenomenon observed on the earth’s surface, such as hotspots.”

The researchers utilized a new technique that takes waveform data from earthquakes around the world, and then analyzed the individual “wiggles” in the seismograms to create a computer model of Earth’s interior. The technology is comparable to a CT scan.

The model revealed channels – dubbed “low-velocity fingers” by the researchers – where seismic waves traveled unusually slowly. The fingers stretched out in bands measuring about 600 miles wide and 1,200 miles apart, and moved at depths of 120-220 miles below the seafloor.

Seismic waves typically travel at speeds of 2.5 to 3 miles per second at these depths, but the channels exhibited a 4 percent slowdown in average seismic velocity.

“We know that seismic velocity is influenced by temperature, and we estimate that the slowdown we’re seeing could represent a temperature increase of up to 200 degrees Celsius,” said study lead author Scott French, UC Berkeley graduate student in earth and planetary sciences.

The formation of channels, similar to those revealed in the computer model, has been theoretically suggested to affect plumes in Earth’s mantle, but it has never before been imaged on a global scale.

The fingers are also observed to align with the motion of the overlying tectonic plate, further evidence of “channeling” of plume material, the researchers said.

“We believe that plumes contribute to the generation of hotspots and high heat flow, accompanied by complex interactions with the shallow upper mantle,” said French. “The exact nature of those interactions will need further study, but we now have a clearer picture that can help us understand the ‘plumbing’ of Earth’s mantle responsible for hotspot volcano islands like Tahiti, Reunion and Samoa.”

Vedran Lekic, a graduate student in Romanowicz’s laboratory at the time of this research and now an assistant professor of geology at the University of Maryland, co-authored this study.

The National Science Foundation and the National Energy Research Scientific Computing Center helped support this research.

Sarah Yang writes for the UC Berkeley News Center.

LAKE COUNTY, Calif. – A Lake County Sheriff’s deputy who shot at a suspect in Clearlake Oaks in May was justified in doing so, according to a report released Friday by the District Attorney’s Office.

District Attorney Don Anderson said Deputy Lyle Thomas, a sheriff’s office veteran, “was justified in discharging his firearm at a suspect pointing what was believed to be a firearm at him,” during an incident that occurred on May 15.

Thomas responded to Fourth Street in Clearlake Oaks on the report of a woman having been shot with a pellet gun by 52-year-old Robert Scott Hisel, as Lake County News has reported.

Hisel came out of his residence armed with a pellet gun that had the appearance of an assault rifle. Thomas, who Anderson said knew of Hisel and the fact that he recently had been in possession of a firearm, had no way of knowing it was actually a pellet gun.

“From Deputy Thomas’ position he had every reason to believe he was about to be shot by a subject with a high-powered assault rifle,” Anderson said.

Hisel leveled the pellet gun at Thomas and the victim. Thomas grabbed the woman and pulled her to safety, using his own body as a shield, according to Anderson’s report.

Anderson said Hisel shot five rounds at Thomas with the pellet gun before going back into his home. Thomas didn’t return fire at that point but gave Hisel at least 35 commands to drop the pellet gun and come out of the residence.

Hisel “responded with profanity, threats and nonsensical comments,” Anderson reported.

Coming out to the front of his residence, Hisel refused to obey commands, became verbally aggressive and then reached into a fanny pack, pulling out a black handgun that appeared to be a Glock. Anderson said Thomas commanded Hisel to drop the gun several more times before Hisel pointed it at the deputy.

“In justifiable fear for his life and the life of others, Deputy Thomas fired five shots at the suspect. The suspect fired back at Deputy Thomas at which time the deputy heard the sounds of pellet rounds,” Anderson wrote.

Thomas saved Hisel’s life when he told an officer from an allied agency who had responded to the scene – and who had a clear shot at Hisel with a high-powered rifle – to hold his fire, Anderson said.

Hisel went back into his home, where he remained during a standoff with law enforcement that lasted several hours. The sheriff’s SWAT team took Hisel into custody shortly after 10:30 p.m.

The sheriff’s office reported at the time that Hisel suffered a small leg wound during the incident.

The day following the standoff, sheriff’s detectives found two grenades. the Napa County Sheriff’s Bomb Squad responded and detonated the grenades.

“Deputy Lyle Thomas committed no criminal acts in his conduct of May 15, 2013,” Anderson concluded. “In fact, he has shown extreme bravery and exhibited restraint, calm deliberation and professionalism in his actions that day.

Anderson’s final report is published in its entirety 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

OFFICER INVOLVED CRITICAL INCIDENT-DEPUTY LYLE THOMAS

MAY 15, 2013

SUMMARY

On May 15, 2013, at 4:25 p.m., Deputy Lyle Thomas, a veteran officer of the Lake County Sheriff’s Department, was involved in an officer-involved shooting on Fourth Street in Clearlake Oaks, Calif.

It is the finding of the Lake County District Attorney’s Office that Deputy Lyle Thomas was justified in discharging his firearm at a suspect pointing what was believed to be a firearm at him. Therefore, no criminal charges will be filed in this matter. In fact, Deputy Lyle Thomas’ bravery and exhibition of professionalism under fire should be commended by the citizens of Lake County.

In close review of the facts of this matter, two important lessons should be learned that can greatly improve the quality of law enforcement’s efforts.  First, the extreme calm and intelligent mannerism exhibited by Deputy Thomas is a model of professionalism that should be taught and reviewed by officers throughout this state.

The second is a reinforcement of the need for an officer involved critical incident protocol that is strictly adhered to by every law enforcement agency in this county, in order to ensure the integrity of the investigation.

INVESTIGATION

In 1989 the Lake County Police Chief’s Association recognized the increasing needs of their departments and the public to have an effective and standardized system to investigate law enforcement involved critical/fatal incidents, and created the first Lake County Fatal Incident Protocol.

As technology and investigative techniques improved, and police agencies became more aware of the intricacies of these incidents, the Protocol was revised in 1998 and 2009. In January of 2013 the current version of the Lake County Critical Incident Protocol was signed and implemented by eight of the nine law enforcement agencies in Lake County.

Of the many facets of the Protocol, the District Attorney’s Office is the lead agency in the investigation. It is essential the DA’s Office be on the scene immediately to secure evidence; protect the rights of the officers; and ensure the public of an unbiased investigation into the facts of the critical incident.

In this matter, the District Attorney’s Office was not notified until after a full day had passed; therefore, some questions will go unanswered. With the cooperation of the investigators and patrolmen of the Sheriff’s Department; compelling physical evidence; and follow up investigation, there was enough data collected to make a determination in this case.

FACTS

On May 15, 2013, at 4:25 p.m. Deputy Lyle Thomas responded to Fourth Street in Clearlake Oaks to a report of a female being shot with a pellet gun by her neighbor. Deputy Thomas had prior knowledge of the suspect and knew he had recently been in possession of a firearm.

While Deputy Thomas was talking to the victim on Fourth Street the suspect came out of his residence with a pellet rifle. The rifle has the appearance of an assault rifle and the deputy had no way of actually knowing it was a pellet rifle. From Deputy Thomas’ position he had every reason to believe he was about to be shot by a subject with a high-powered assault rifle.

The suspect leveled the rifle and pointed it at Deputy Thomas and the victim. Despite his fear of immediately being shot, Deputy Thomas grabbed the victim and, using his own body as a shield, pulled the victim to safety.

A few seconds later the suspect fired a round at Deputy Thomas. At this time he was able to determine the suspect was in possession of a pellet rifle. The suspect fired four more rounds at Deputy Thomas before retreating inside his residence.

Despite the fact the suspect’s high powered pellet rifle can cause great bodily injury or death, Deputy Thomas did not return fire. Deputy Thomas gave the suspect at least 35 commands to drop the gun and come out of the residence. The suspect responded with profanity, threats and nonsensical comments.

The suspect again appeared in front of his residence and again refused to obey the comments of the deputy. The suspect again became verbally aggressive. The suspect reached into his fanny pack and pulled put a black handgun appearing to be a Glock. Deputy Thomas again ordered the suspect to drop the gun several more times.

The suspect raised the handgun to a firing position, aiming it at Deputy Thomas.  In justifiable fear for his life and the life of others, Deputy Thomas fired five shots at the suspect. The suspect fired back at Deputy Thomas at which time the deputy heard the sounds of pellet rounds.

Deputy Thomas in a very calm, logical and competent manner communicated with Sheriff’s dispatch and assisting officers from the Sheriff’s Department and allied agencies. At this point an officer from an allied agency advised Deputy Thomas he had a clear shot at the suspect with that officer’s high power rifle. Although the officer would have been justified under the circumstances in shooting the suspect, Deputy Thomas told the officer to hold his fire. This decision by Deputy Thomas saved the life of the suspect.

The suspect retreated back into his residence. At approximately 10:42 p.m. the suspect was taken into custody without further incident.

LEGAL ANALYSIS

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

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 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

FINDINGS

Deputy Lyle Thomas committed no criminal acts in his conduct of May 15, 2013. In fact, he has shown extreme bravery and exhibited restraint, calm deliberation and professionalism in his actions that day.

Don A. Anderson

Lake County District Attorney

CLEARLAKE, Calif. – Habitat for Humanity's home repair program has helped a Clearlake woman make much-needed repairs to her home and, in turn, gained a new volunteer.

As a little girl, Shirley DeLucca came to Lake County for vacations with her family.

Her father chose the site of her Madrone Street home in Clearlake for his retirement dream home and began to build.

A bricklayer himself, he was able to build his home with the help of friends and family, but never had the joy of living in it.

The house, which DeLucca helped build, housed her mother for the next 13 years, after which time the house came into DeLucca's possession.

Having lived in the house much of her life, she has no desire to live anywhere else. When it became obvious that her home needed roof repair that she was unable to afford, DeLucca feared she the worst – that she would be forced to sell it and move from the home.

“I was afraid I’d lose my home,” she said. “There’s great sentimental value here; I don’t want to be anywhere else.”

That's when Habitat for Humanity was able to help.

DeLucca's beloved brick home marks the 100th household that Habitat for Humanity Lake County has been able to service since the group's inception in Lake County in 2001.

The organization branched into home repair in 2010 to meet the needs of the elderly, disabled and low-income households in the county that are unable to repair and maintain their homes.

Grateful for the assistance she received, DeLucca has offered to volunteer at the office whenever she is needed, in whatever capacity she can help.

“I like to help people. If others help me, I want to give back. Kindness goes around full circle,” she said.

For more information on Habitat’s Home Repair Program or the homeownership program, visit www.lakehabitat.org , call them at 707-994-1100 or visit the organization's Lower Lake office, 16285 A Main St.