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LAKEPORT, Calif. – Lake County’s sheriff said he’s finalized the findings in the August death of a deputy.

Deputy Rob Rumfelt, 50, died on the night of Aug. 22 after he had responded to the scene of a domestic violence call in Lakeport, fought with a suspect and then left the scene, with his patrol SUV crashing into a tree. He was pronounced dead at the hospital a short time later.

Sheriff Brian Martin told Lake County News that a medical examiner concluded that Rumfelt suffered sudden cardiac death 30 minutes after a stressful physical encounter.

There are two separate and official determinations made related to human deaths. The first is the cause of death – the specific medical condition or injury that led to a death – which is based on the finding of a forensic pathologist.

Although Rumfelt’s autopsy found he had a broken neck – likely from the vehicle crash, during which he was not wearing his seat belt – Martin said the medical examiner believed the heart attack had occurred first and that the broken neck was less likely to have been the cause of death.

Then there is the manner of death, which is how the injury caused the individual to die. The coroner determines that in consultation with the medical examiner.

Forensics experts say there are several different manners of death, among them accidental, homicide, natural, suicide and undetermined.

As to Rumfelt’s manner of death, Martin said he had to settle on “could not be determined.”

That wasn’t the conclusion he wanted to make, but it’s accurate. Martin said he ultimately doesn’t know what led to Rumfelt’s death.

Martin said he personally gave the conclusions on the cause and manner of death to Rumfelt’s widow.

Events leading up to the deputy’s death

On the night he died, Rumfelt – along with fellow Deputy Nate Newton – had responded to a domestic violence call at a residence on Healton Circle in the city of Lakeport, backing up Lakeport Police Sgt. Joe Eastham.

The deputies found Alex Michael Castillo of Nice attempting to walk away from the scene with his 2-year-old child after assaulting his wife. At that time Castillo was on probation for having assaulted the same woman months earlier, according to the District Attorney’s Office.

Castillo fought with Rumfelt and Newton, who finally subdued and arrested him. Following the struggle, Rumfelt was reported to have been sweating and complaining of shortness of breath, according to the autopsy narrative.

The document said that Rumfelt spoke with other deputies for about 10 minutes before he got into his patrol vehicle and drove a short distance.

“His head was seen to slump and the vehicle stopped,” the narrative explained. “A short time later the vehicle accelerated and hit a tree.”

The autopsy report said CPR was started on Rumfelt, who subsequently was transported to Sutter Lakeside Hospital. It was there that he died at 9:15 p.m.

Martin said it’s believed that Rumfelt may have been having a heart attack when he was seen slumping, and that his foot slipped off the brake and onto the gas pedal.

Rumfelt’s SUV hit a tree halfway down Hartley Street, between Boggs Lane and 20th Street, Martin said.

Martin said the damaged tree was taken down about a month after the crash, because it was leaning into power lines. A small memorial remains there.

The autopsy, conducted in Napa County two days after Rumfelt’s death, found that he had facial abrasions, scalp contusions, hemorrhages in his neck strap muscles as well as the fractured C5 vertebra, which forensic pathologist Dr. Arnold Josselson found to be the result of the crash.

“This injury is usually not fatal, but can be, as it depresses respiration,” Josselson said of the fractured vertebra, adding that he was unsure if Rumfelt would have survived had he not had the crash.

The report found that Rumfelt had several risk factors for sudden cardiac death, including mild hypertension, stress and a body mass index rating that determined he was overweight.

Concerns over carbon monoxide levels in SUVs also was explored in the case, said Martin, but ultimately determined not to have been a factor.

Domestic violence suspect reaches plea agreement

On the night of Rumfelt’s death, authorities arrested Castillo for a variety of charges, including manslaughter.

While Martin said there is a penal code section that makes resisting an officer resulting in death a crime, District Attorney Don Anderson ultimately decided he wouldn’t charge Castillo with manslaughter because he didn’t believe he could convince a jury beyond a reasonable doubt that Castillo was responsible for Rumfelt’s death.

Martin said he agreed with Anderson’s decision not to pursue charges against Castillo for the death of the deputy.

Several weeks ago, Castillo reached an agreement with the District Attorney’s Office to plead guilty to making threats, resisting an officer, felony child endangerment and felony inflicting corporal injury on another person with a prior conviction, as Lake County News has reported.

On Dec. 13, Judge Stephen Hedstrom sentenced the 22-year-old Castillo to the maximum term of four years and eight months in state prison, Anderson said.

Martin said that with the death investigation concluded, he hopes Rumfelt’s family can move on with the grieving process.

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.
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CLEARLAKE, Calif. – Confusion over wording in a city ordinance governing commercial marijuana rules has led to the calling of a special Clearlake City Council meeting this week to discuss an urgency ordinance banning marijuana cultivation on the west side of Highway 53.

The council will meet in closed session to discuss two potential cases of litigation beginning at 5:15 p.m. Thursday, Dec. 21, before the public portion of the meeting begins at 6 p.m. in the council chambers at Clearlake City Hall, 14050 Olympic Drive.

Under council business, council members will consider an urgency ordinance, Ordinance No. 202-2017, placing the proposed moratorium on commercial marijuana, or cannabis, cultivation businesses west of Highway 53 in the city limits.

The need for the urgency ordinance arose following the council’s Dec. 14 meeting when staff sought clarification regarding the wording of Ordinance No. 200-2017, which was approved Oct. 26 and Nov. 27.

City Manager Greg Folsom said confusion arose pertaining to one passage about cultivation, Section 18-12.020 b.1, which read: “1. Commercial Cannabis Cultivation is allowed only in the CB zones when all cultivation activities are conducted entirely inside a building utilizing no natural light, or in a hybrid greenhouse east of State Route 53 in CB zones.”

Folsom said that inaccurate punctuation – specifically, lack of a semicolon – had led to different interpretations of that paragraph.

At the Dec. 14 meeting, Folsom asked to know what the council’s understanding of the wording had been. “We just want clarification, what was it the council meant so that we can go forward with that.”

The majority of council members said they interpreted the language to mean that cannabis cultivation – whether indoors or outdoors – was to be allowed only on the east side of Highway 53.

Mayor Russ Perdock said the intention had been to leave the area on the west side of Highway 53 out of cultivation in order to encourage retail, resorts and tourism, with the east side available for cultivation purposes.

As of the Dec. 14 meeting, Folsom reported that the city had received one application for cultivation in an existing enclosed building utilizing no natural light west of Highway 53. He said at that time that no licenses have been granted for cultivation activities, as they must go through a process involving the planning commission.

Now, with the council having clarified its position, Folsom said that in order to implement the council’s stated direction, the ordinance’s language “should be amended to clearly reflect the legislative intent.”

The process to amend the ordinance will require at least two meetings of the council for a first and second reading, plus required public noticing, Folsom said in his report for Thursday’s meeting.

“Because that amendment will take approximately two months to implement and at least one applicant has inquired regarding commercial cannabis west of State Route 53, staff believes the Council should consider a moratorium placing a temporary ban on commercial cultivation in this particular area,” Folsom wrote in his report.

He said the moratorium would go into effect immediately and would not allow any commercial cannabis cultivation west of Highway 53.

Folsom explained that, based on state law, the initial moratorium is only valid for 45 days but can be extended up to two years.

“Staff does not believe a lengthy moratorium will be needed as this amended ordinance would take its place in a few months if the amended ordinance, or some version thereof, is adopted by the City Council,” Folsom wrote.

In other business, the council will hold a public hearing for the presentation and closeout of the Community Development Block Grant as required by the California Department of Housing and Community Development. That item originally had been scheduled for the Dec. 14 meeting but was held over at staff’s request.

Items on the consent agenda – items considered noncontroversial and usually accepted as a slate on one vote – consideration of a declaration of local emergency issued on Oct. 9 and ratified by council action on Oct. 12; consideration of continuation of a declaration of a local health emergency issued on Oct. 12 and ratified by council action on Oct. 18; and Resolution No. 2017-92 approving the commitment of Community Development Block Grant Program income funds.

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.
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A woman and her two dogs died in a fire in her singlewide mobile home in Nice, Calif., on the night of Tuesday, December 19, 2017. The trailer is seen here the day after the fire. Photo courtesy of Neil Gallagher.

NICE, Calif. – A woman and her two dogs died Tuesday night in an accidental house fire, with Northshore Fire’s chief reporting that those deaths could have been prevented had there been a smoke alarm in the home.

The fire in the singlewide trailer home at 3387 E. Highway 20 at Sayre Avenue in Nice was first dispatched shortly after 8:20 p.m. Tuesday, according to radio reports.

Callers reported seeing flames and advised that someone was inside the trailer, according to dispatch.

Northshore Fire units arrived within minutes of dispatch, according to reports from the scene.

Fire Chief Jay Beristianos said that when units arrived flames were coming out of one window, but the mobile home wasn’t fully involved.

“It was really a very quick fire to knock down,” he said, with firefighters doing a fast job of controlling the blaze.

But it was too late for the woman who lived in the home along with her two dogs, all of whom were found dead a short time later. Beristianos believed that it may have already been too late by the time firefighters got the call.

The main damage from the fire was confined to the kitchen and living room, Beristianos said.

He said the woman’s body was found in the living room, along with one of her dogs. The second dog was found dead in a back bedroom.

“It was a needless death because if she had a working smoke detector in there, I don’t think she would have died,” said Beristianos.

The woman’s name has so far not been released by the Lake County Sheriff’s Office.

“At this point we are waiting on positive identification and that might not happen until next week,” said Lt. Corey Paulich.

Beristianos said the nature of the fire was accidental.

He said firefighters found that combustible materials had been stored too close to an electric heater in the kitchen. They were able to track the pattern of the fire back to the heater.

Beristianos said firefighters were on scene for a few hours after the fire was contained for mop up and overhaul.

Such cases are always bad, “but it just makes it worse at Christmas,” he said.

Beristianos said he found the case both tragic and frustrating, because his agency makes smoke detectors available for free to anyone who needs them through a Red Cross program. They also will install the devices for free.

Anyone in the Northshore Fire Protection District who needs a smoke detector is urged to call the Lucerne district headquarters at 707-274-3100 to request one.

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.
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LAKEPORT, Calif. – The Board of Supervisors this week approved an urgency ordinance that will allow marijuana cultivators to move forward in the the new state licensing process while the county continues to finalize rules for commercial marijuana cultivation.

The meeting video can be seen at online at https://countyoflake.legistar.com/Calendar.aspx.

County Counsel Anita Grant released the final copy of the urgency ordinance to Lake County News on Thursday. The document can be seen below.

The urgency ordinance went into effect immediately on Tuesday with the four-fifths vote of the board, according to the document language. Supervisor Rob Brown was the lone no vote.

“It’s effective for 45 days. Before that time period expires, the board must hold a noticed public hearing to extend it any further,” Grant said.

Community Development Department Director Robert Massarelli originally had gone to the board last week to ask for a temporary moratorium while staff completed the process of crafting permanent regulations.

However, at last week’s meeting, following an outcry from local growers who said they would be shut down for the coming year and unable to get the needed state permits, the majority of the board instead chose to consider an urgency ordinance.

Grant said the board is allowing people to move forward by applying for state licensure. However, the county doesn’t yet have the wherewithal under existing zoning to allow those who receive the licenses to cultivate.

She told the board that they’re allowing people to continue the process, “and essentially you’re hoping you’ll catch up.”

County officials have estimated that the full and permanent regulations should be in effect sometime in the first half of 2018.

The document states that for a 45-day period there is a moratorium against cultivation, distribution, transport, storage, manufacturing, processing, testing and sale of commercial cannabis in any unincorporated area of Lake County “pending further review and consideration of the impacts of recent State-issued cannabis regulations upon the development and implementation of a permanent County ordinance addressing commercial cannabis.

Those prohibitions are in effect except for individuals who have submitted a complete self-certification application under Article 72 of Lake County’s Zoning Ordinance and have submitted a signed affidavit of compliance with state and local law as of the ordinance’s effective date.

Those individuals will be issued an authorization letter to proceed with the application for state license Type 1, specialty outdoor, up to 5,000 square feet or a maximum of 50 mature plants; Type 1C, specialty cottage, up to 25 mature plants for outdoor, maximum of 500 square feet indoor or for mixed light up to 2,500 square feet; Type 2 licenses for small operations ranging between 5,001 and 10,000 square feet; and Type 3 licenses for medium operations ranging between 10,001 square feet and 22,000 square feet.

However, they get that go-ahead to proceed “with the caveat that said authorization shall only serve to acknowledge the applicant’s prior compliance with state and local law and present eligibility to pursue a local commercial cultivation license when the County’s permanent commercial cannabis ordinance is final. Said authorization is not an adjudication and is not a permit or approval of commercial cultivation at any particular location,” the ordinance reads.

The document also makes clear that the urgency ordinance doesn’t create or imply any right to claim any vested right for marijuana cultivators.

The ordinance also states that all registrations issued pursuant to the ordinance shall automatically expire when the ordinance does and/or is terminated or when a permanent ordinance is adopted, or whichever occurs sooner.

The limited registration is conditioned on the execution of a written acknowledgement by the registrant that they have no vested rights as a result of the registration. “All cultivators will be required to apply for and be granted a land use permit under the County’s permanent ordinance in order to cultivate.”

At Tuesday’s meeting, Massarelli reported that the State Water Board has issued 65 permits for growers in Lake County, with many applications before the board that are not being processed.

He said 12 grower self-certifications have been received by the county. Of those, 11 growers have pursued both the state permit process and county self-certification.

Massarelli said his staff hasn’t yet assessed the 65 permits issued by the state to know if they comply with county zoning law and would even be allowed.

Speakers at Tuesday’s meeting urged the board to take action, as otherwise their hands were being tied on moving forward with their operations. They said inaction would hamper or altogether end their efforts to secure investment, and the board was reminded that additional steps needed to be taken before cultivation could even begin under the new state rules.

Growers also argued that the people who were in the room advocating for the urgency ordinance were the “good actors” – people who wanted to work within state regulations, not the growers who for years have done damage to the environment and caused problems in neighborhoods.

Grant told the board Tuesday that if after the urgency ordinance’s initial 45-day period the document doesn’t do what was intended, the supervisors can extend and alter it but will have to have another public hearing.

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.

 

121917 Lake County marijuana cultivation urgency ordinance by LakeCoNews on Scribd

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Jacky Frost
"When Summer's blue sky fades to grey
And swiftly ends the shortening day,
When coldness takes the flowers away
I'll dance the dance of winter!"
Part of poem by Lucy Burrow

LAKE COUNTY, Calif. – Solstice is the occasion on Earth that happens two times a year – on June 21 and Dec. 21.

Our winter solstice on Dec. 21 marks the point in the year in which we experienced Earth's axis as pointing away from the sun in its orbit.

While we delight in winter here in the Northern Hemisphere, those in the Southern Hemisphere celebrate summer's onset.

Both hemispheres will now experience this as the season of shortest duration, with the shadow at noon seemingly out of its “normal” placement due to the sun's lower sweep across the heavens.

We have an 89-day winter season, from December solstice to March equinox, and by contrast, our summer solstice occurs at a longer length – from June solstice to September equinox at just over 93 days.

Now is when we want to snuggle and linger longer under our warm blankets since we are experiencing a late sunrise each morn and early sundown each eve.

Winter solstice has been celebrated worldwide for centuries. It is believed that Stonehenge, the giant rock placements set in a field in England, monuments in Machu Picchu in Peru and many other locales all honor the sun's path across the sky.

In times past, astronomical events such as the winter solstice were maps for all manner of events like carefully guarding foodstuffs that were painstakingly planted, harvested and prepared for the coming months.

The annual cycle of our planet has played a significant part of many cultures in both traditions and myths.

In northern Europe this time is named Yule, and yes, a yule log plays a part of the festivities.

Yule is a dozen days of midwinter celebrations. The word Yuletide combines two significant items together – both a season and its traditions. Then, a yule log and a wreath play a part in the events, as they often do today.

In some cultures this time of year was set aside for worship and greatly honored nature and all of her gifts.

The winter solstice is sometimes known in western culture as Blue Christmas, while in Asia the Dongzhi Festival occurs.

In Iran the holiday of winter solstice is called Yalda, and in Ancient Rome it was known as Brumalia.

Whatever you choose to call it, Happy Winter Solstice and Happy Holidays!

Kathleen Scavone, M.A., is a retired educator, potter, writer and author of “Anderson Marsh State Historic Park: A Walking History, Prehistory, Flora, and Fauna Tour of a California State Park” and “Native Americans of Lake County.” She also formerly wrote for NASA and JPL as one of their “Solar System Ambassadors.” She was selected “Lake County Teacher of the Year, 1998-99” by the Lake County Office of Education, and chosen as one of 10 state finalists the same year by the California Department of Education.
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LAKE COUNTY, Calif. – More than two years after the Valley fire tore a path of destruction through the south county, Lake County’s district attorney has concluded that he will not file criminal charges against two men who Cal Fire said were responsible for the fire’s cause.

District Attorney Don Anderson said Tuesday that he based his decision not to pursue any criminal charges against John Alfred Pinch and Parker Charles Mills on the conclusion of a criminal grand jury he empaneled to consider the case this summer.

The Valley fire, which began on Sept. 12, 2015, was attributed by Cal Fire to faulty wiring on a hot tub at a home owned by Pinch and Mills located at 8015 High Valley Road in Cobb.

The fire remains among the most destructive wildland fires in California’s history. Cal Fire lists it at No. 4, above even the Thomas fire, because it destroyed 2,048 structures, more than 1,300 of them homes, and burned 76,000 acres.

Anderson said Cal Fire referred the case to his office for potential filing of charges against Pinch and Mills at the end of August 2016.

Because the misdemeanor statute of limitations runs out after a year, Anderson said he and his staff didn’t have sufficient time to do additional investigation, research and analysis to consider misdemeanor charges. He said that charging only misdemeanors could in some instances prevent his office from charging felonies at a later stage.

Instead, Anderson focused on consideration of two felony crimes, involuntary manslaughter and unlawfully causing a fire with great bodily harm.

Those charges stemmed from the human toll the fire took. Four people were confirmed dead in the fire: Bruce Burns, Robert Fletcher, Leonard Neft and Barbara McWilliams.

A fifth man, Robert Litchman of Lower Lake, was never found. He was last seen at his home after he refused to evacuate. The fire destroyed his home.

“I don’t have the authority to officially say he’s dead,” said Anderson of Litchman.

However, Anderson said that had he filed charges against Pinch and Mills for the Valley fire, he would have charged five fatalities.

“Mr. Litchman is still considered a missing person, and has not been declared dead,” Sheriff Brian Martin told Lake County News.

Martin said that with no irrefutable evidence that Litchman did in fact die in the fire, there is a provision in the Probate Code that allows a petition to the court to be filed after a person has been missing for five years, with no indication that they are still alive.

“A court could then legally declare him deceased,” Martin said.

Once five years has passed, Martin said he intends to file that petition in Litchman’s case.

Martin said there are situations in which courts, even before five years pass, can make a finding that a person is deceased in the absence of remains, such as in the case of the terrorist attacks of Sept. 11, 2001, when video and plane manifests were used to confirm airplane casualties.

“Mr. Litchman’s case is a bit different as we do not have any such compelling evidence that he did in fact die. It will remain a missing person investigation for at least a couple more years,” Martin said.

Anderson said the criminal investigative grand jury was impaneled on June 14. Afterward, additional analysis was conducted in the investigation.

He said it was the grand jury’s consensus – although not unanimous – that no criminal charges should be filed against Pinch and Mills.

While the grand jury’s consensus isn’t binding on Anderson, he said he ultimately agreed with jurors’ conclusion.

Anderson’s full report is published 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.


INTRODUCTION

On Saturday September 12, 2015 and the days following, Lake County experienced the worst fire in Lake County’s history. As a result of the fire 76,000 acres were burned. Two thousand and 48 structures were destroyed, including 1,280 single family homes, 27 multi-family homes, 66 commercial buildings and 585 other structures. Five people lost their lives as a result of the fire and four firemen were seriously injured.

Cal Fire referred this case to the Lake County District Attorney’s Office on Aug. 29, 2016. The purpose of the referral was for potential criminal charges against the two people allegedly responsible for starting the fire, John Alfred Pinch and Parker Charles Mills.

PROCEDURES

After receiving the reports, further investigation and research was completed by the Investigative Division and staff at the Lake County District Attorney’s Office.

On June 14, 2017, a criminal investigative grand jury was impaneled by the Lake County Superior Court at the request of the district attorney. At the grand jury proceedings the evidence known to the district attorney was presented and the matter discussed in detail.

After the conclusion of the grand jury proceedings additional analysis was conducted. It has been determined that no further investigation into the matter will yield any help in deciding whether criminal charges should be filed. Although not binding on the district attorney, it was the consensus of the grand jury, although not unanimous, that no criminal charges should be filed in this matter.

FACTS

For several years prior to the fire Northern California was experiencing a drought. Grass and trees were very dry. On Sept. 12, 2015, the winds were 10 miles per hour with gusts up to 36 miles per hour. Humidity was at 21 percent.

The residence located at 8015 High Valley Road, Cobb, is owned by John Alfred Pinch and his wife along with Parker Charles Mills and his wife. Mr. and Mrs. Pinch live at the residence on a full-time basis. Mr. and Mrs. Mills live at the residence on a part-time basis with their primary residence being out of the county.

The property was purchased in 2009 by the Pinch and Mills families. In 2013, Pinch and Mills purchased a hot tub to be installed on the property. Originally, the hot tub was installed on the porch. However, there were plans to move the hot tub to an area about 30 feet from the house.

About one year prior to the fire, John Pinch completed installation of the electrical work on the hot tub. He ran 220 wiring from the control panel on the side of the residence to a junction box approximately 30 feet from the house to the area where they intended to put the hot tub. From the junction box, another wire was run from the junction box to the hot tub on the porch. It was intended that this electrical set up would be temporary until the hot tub was moved.

No permits were obtained when the hot tub was installed. The hot tub did work for a short time, but Pinch and Mills started experiencing problems about 10 months prior to the fire. Occasionally, they would try working on the hot tub but could not resolve the problem.

After an examination by Cal Fire and their hired expert, it was determined there were several problems in the installation of the hot tub and wiring: The wires from the control panel ran one inch underground in PVC pipe, rather than the required 18 inches; the wires then ran up the conduit pipe to a metal junction box 18 to 24 inches above the ground. This junction box was not secured to a structure and was only being held in place by the conduit pipe. The wires running out of the junction box were connected to a second set of wires leading to the control panel connected to the hot tub.

The connecting nuts between these two sets of wires were not placed in the metal junction box, as required, but were laying in dry grass a couple of feet away. The nuts connecting the two wires were not tight, thus allowing the wires to arc.

The experts report states that, “The cause of the fire was a thermal-resistance heating at the wire nut because of a poor electrical connection. This caused the wire to melt and arc at a temperature of 1,981 degrees, thus catching the dry grass on fire.”

John Pinch told fire investigators that he was last at the residence on Friday evening, the day before the fire. He said he left the residence that evening and did not return until after the fire. He said that at that time or a time near the fire, the wires were not hooked up at the electrical panel. There were no other details about the connections or installation of the wiring from the interview. Mr. Pinch has since retained an attorney and can no longer be re-interviewed by law enforcement. There is no evidence that contradicts the events as explained by Mr. Pinch.

Parker Mills was also interviewed by fire investigators. He said he lives in Mendocino County but stays at the property sometimes. He said that John Pinch installed the electrical wiring. It is not known whether he had any involvement in the installation of the electrical wiring.

He said he was last at the property on Saturday morning. It is not clear whether or not it was the morning of the fire or the week prior to the fire. On that morning he was working on the hot tub trying to get the hot tub to work. He tried to turn the electricity on twice. The light did go on and off but the hot tub did not work. Mr. Mills did say the electrical wires were not active at the time, but did not explain with any detail.

It is not known if when Parker Mills started working on the hot tub, he connected the wires at the control panel, the wires were connected and the circuit breaker was flipped off, or whether it was fully operational. Like John Pinch, Parker Mills has retained an attorney and cannot be re-interviewed.

Parker Mills could not remember whether or not he forgot to turn the breaker switch off before leaving. Additionally, there was no information that Mr. Mills knew the wires were incorrectly installed or in any way a hazard. There is no other information or evidence to dispute the statements of Mr. Mills.

The Lake County Building Department advised that it is common for their inspectors to find conditions similar to what was found at the Pinch and Mills residence. In fact, approximately one-half of the inspections reveal some type of violation or hazard.

LEGAL ANALYSIS

In determining the liability of John Pinch and Parker Mills for the Valley fire the below analysis is considered for criminal purposes only. Whether or not there is any civil liability of these individuals is not discussed in this analysis.

Additionally, the charges considered in this matter are for felony crimes only. Mr. Pinch and Mr. Mills may have been guilty for minor misdemeanor crimes; but this case was presented to the District Attorney’s Office only 14 days before the running of the statute of limitations for misdemeanors. There was not sufficient time to do additional investigation, research and analysis to consider misdemeanor charges. Additionally, charging only misdemeanors could in some instances prevent us from charging felonies at a later stage.

The two crimes considered by this office were involuntary manslaughter, a violation of Penal Code Section 192(b) and unlawfully causing a fire with great bodily harm, a violation of Penal Code Section 452.

Involuntary manslaughter; Penal Code Section 192(b):

To prove a person is guilty of this crime, the People must prove that:
1. The defendant committed a crime or act in an unlawful manner;
2. The defendant committed the crime or act with criminal negligence; and
3. The defendant’s act caused the death of another person

Criminal negligence involves more than ordinary carelessness, inattention, or mistake in judgment. A person acts with criminal negligence when:

1. He acts in a reckless way that creates a high risk or death or great bodily injury; and
2. A reasonable person would have known that acting in that way would create such a risk.

In manslaughter the law requires an objective standard. That is whether a reasonable person in the defendant’s position would have been aware of the risk of harm to another. The defendant must have knowledge of the facts that would lead a reasonable person to conclude conduct involves a high risk of injury to another.

Unlawfully causing a fire with great bodily injury, Penal Code Section 452:

To prove a defendant is guilty of this crime, the People must prove that:
1. The defendant set fire to or caused the burning of a structure or land
2. The defendant did so recklessly; and
3. The fire caused great bodily injury to another person.

A person acts recklessly when:

1. He is aware that his actions present a substantial and unjustifiable risk of causing a fire;
2. He ignores the risk; and
3. Ignoring the risk is a gross deviation from what a reasonable person would have done in the same situation.

In proving a defendant guilty of unlawfully causing a fire, the People must prove the defendant acted recklessly in setting the fire or causing the burning of the structure. “Recklessly” is a mental state of mind which is more than criminal negligence. The defendant must have knowledge of the facts making the condition excessively dangerous and a subjective appreciation of the risk of harm to another. This means a person is aware of, or consciously disregards a substantial and unjustified risk,

In a case, that involves similar legal issues, People v. Budish (1982) 131 Cal.App3d 1043, two construction workers were staying at a site in a canyon in mountainous terrain. In order to stay warm and heat water they started a campfire. The campfire was not up to code and against the law. Due to the strong Santa Ana winds, the campfire got away from them and caused a large fire.

In that case, the Court of Appeals found that the defendants’ acts were reckless within the meaning of the statute. “Recklessly” means a person is aware of and consciously disregards a substantial and unjustifiable risk that his or her act will set fire to, burn, or cause to burn a structure, forest land, or property. The risk shall be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation.

The risk must be of such a nature and degree that, considering the nature and purpose of the actor's conduct and the circumstances known to him, its disregard involves a gross deviation from the standard of conduct that a law-abiding person would observe in the actor's situation.

The risk must be of such a nature and degree that the actor's failure to perceive it, considering the nature and purpose of his conduct and the circumstances known to him, involves a gross deviation from the standard of care that a reasonable person would observe in the actor's situation. The defendant's negligent failure to perceive the risk did not amount to reckless conduct.

DISCUSSION

In this matter, in reference to the criminal liability of John Pinch, Pinch created a potentially hazardous condition on the property. He installed a wiring system that was not up to code and was installed without the necessary permits. For some time prior to December 2014, the hot tub was working. Then, between December 2014 and September 2015, the hot tub did not properly work. It is not known what Pinch and Mills were doing with the hot tub between these time periods.

According to Pinch, for some time prior to the fire the electrical lines were not connected. From these statements it is not known whether the wires were not connected at the junction box or whether the circuit breakers were just turned off. Mr. Mills somewhat corroborated Pinch’s statements in his declaration by stating the wiring was not connected.

In either event, if there was no electricity running to the junction box then there was no immediate hazard condition. It would have taken an intervening cause in order to make this wiring a hazard.

Parker Mills coming to the property the morning of the fire was just such an intervening cause. Mills said he was working on the hot tub and could see the light on. Unfortunately, there is no evidence if or how he turn the electricity on. Mills stated that when he left the residence he could not remember if he turned the electricity off.

In the case of People v. Cervantes (2001) 26 Cal.4th 860, the court held that in general, an “independent” intervening cause will absolve a defendant of criminal liability. However, in order to be “independent” the intervening cause must be “unforeseeable … an extraordinary and abnormal occurrence, which rises to the level of an exonerating, superseding cause.”

In reference to any possibility of criminal liability of Parker Mills, it would be necessary for the People to prove, among other things; Mills knew of the improper installation of the electrical wiring, and despite that knowledge he consciously disregarded the substantial and unjustifiable risk. There is no evidence to show he knew of the illegal or hazardous condition of wiring.

CONCLUSION

Based on the above, no criminal charges will be filed against John Pinch or Parker Mills. Since receiving the reports extensive investigation has been conducted. It is not believed that additional investigation will provide the necessary elements that could lead to prosecution.


________________________________
Don A. Anderson
Lake County District Attorney
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On Thursday, the House of Representatives passed a supplemental disaster funding package for those affected by recent natural disasters, including the California wildfires.

The package delivers $81 billion in additional disaster relief.

“I’m pleased the House has passed the vital supplemental disaster relief that the communities affected by the fires need to get back on their feet,” said Congressman Mike Thompson (CA-05).

“This funding package that I’ve been pushing for grants the state of California’s funding that will help our communities get back on their feet. This will give the State and local communities the tools they need to rebuild infrastructure, businesses, and housing, and help individuals affected,” Thompson said.

He added, “I’ll continue to work with my House colleagues to ensure our community has all the resources necessary to fully recover from this disaster.”

Thompson’s district includes all or part of Contra Costa, Lake, Napa, Solano and Sonoma counties, areas hit hard by this year’s fires.
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LAKE COUNTY, Calif. – The Lake County quagga sticker is required for all resident vessels operating on Clear Lake in addition to the state quagga sticker.

Both resident and non-resident stickers cost $20.

Lake County residents are reminded to check in at a participating screening location early in 2018 and when you return from an out-of-county trip with your boat.

Screeners stay up-to-date on which counties in the western United States are have infested waters.

Re-screening, inspection and if needed, decontamination of your boat are free.

Remember: Clean, drain and dry your boat between waters.

– Larval quagga mussels are invisible to the naked eye and spread easily in the residual water found in boats, motors and live wells.
– Glass-sharp shells of dead mussels litter beaches creating a hazard.
– Each mussel can filter over a quart of water per day removing plankton that forms the basis of the aquatic food chain.

For the latest list of screening locations visit www.nomussels.com or call Lake County Water Resources at 707-263-2344.
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LAKEPORT, Calif. – The Lakeport City Council ended its year with the election of its new leadership for the coming year.

The council elected Mireya Turner, who for the past year served as mayor pro tem, as mayor for 2018, with Councilman Tim Barnes elected as the new mayor pro tem.

The election came at the end of a lengthy meeting in which the council discussed new marijuana ordinances, city financial updates and equipment purchases.

Before Deputy City Clerk Hilary Britton called for the election, outgoing Mayor Stacey Mattina thanked her colleagues.

“It has been an absolute pleasure serving as mayor this year,” she said, noting that there is no greater honor.

Mattina said she is so proud of the city and the council. “We’ve gotten a lot done.”

Britton then called for nominations for mayor.

Councilman George Spurr nominated Turner for mayor, with Barnes seconding. The vote for Turner was 5-0.

Spurr then nominated Barnes for mayor pro tem, which Turner seconded. That vote also was unanimous.

Mattina and Turner switched seats, with Turner taking the mayor’s central seat on the dais and leading the council through the closing of the meeting.

Both Turner and Barnes are in their first terms on the council. The mayor and mayor pro tem appointments are are for one year.

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.
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LAKEPORT, Calif. – Following a lengthy discussion and extensive public comment, the Lakeport City Council approved new guidelines that allow for commercial marijuana, or cannabis, operations in certain areas of the city.

The council had an initial discussion on both the commercial regulations as well as updated rules – with only minor changes – for personal cannabis cultivation, formerly referred to in city rules as medical marijuana, at its Dec. 4 meeting.

On Tuesday, the council unanimously passed the personal cultivation rules after a brief discussion, with no members of the public giving any comment.

The council then moved on to the matter of commercial marijuana, which took up about an hour and a half of the meeting, which ran just over two hours and 45 minutes. The council chambers were nearly full for the marijuana-related matters.

Community Development Director Kevin Ingram said staff had taken the council’s comments at its Dec. 4 meeting and worked proposed changes into the updated draft ordinance before them. That document begins on page 63 of the agenda packet published below.

The council ultimately approved an ordinance that had several more substantive changes, which City Attorney David Ruderman said will require a second reading at a regular council meeting in January.

Those changes included allowing only retail delivery, with no storefronts; removing a 5-pound limit for retailers to have on hand at a location; eliminating a cap of two retailers; eliminating limits of 50 square feet of product space and 1,500 square feet of store area; and prohibiting delivery-only retailers from C2 commercial zoning.

A total of 13 individuals spoke to the council regarding the proposed ordinance. Nine of them had various concerns about marijuana, ranging from not wanting storefronts to not wanting commercial activities legalized in the city at all. The other four – including two in the cannabis business – spoke in favor of the regulations.

Longtime city resident Stan Jones, a retired law enforcement officer, said it has taken him a long time to buy into medical marijuana and he still doesn’t buy into commercial uses. He asked for the council to ban storefront dispensaries.

City Planning Commissioner Michael Green, who also is a marijuana consultant, urged the council to accept the rules. “I’m proud of the ordinance that’s before you today,” which he said gives the city a clean and elegant start on cannabis regulations.

City resident Annette Hopkins felt just the opposite. “Be cautious in your decision making. Don’t be pushed, prodded or otherwise massaged into making decisions that will have lasting and, at this time, unknown impacts,” she said, also asking for the council to not allow for retail or dispensary activity.

Chris Jennings, owner of Lakeside Herbal Solutions in Clearlake, encouraged the council to move forward with the ordinance. He said he’s expanding his operations in Clearlake once he opens a greenhouse facility and begins manufacturing, and expects to make $1.5 million in the first year. He said he also wants to put a dispensary in Lakeport.

“Lakeport lives on family-oriented tourism,” said another city resident, Meredith Lahmann. She said retail storefronts with marijuana won’t help that, and while she would like to deal with the black market, she didn’t think allowing commercial operations into Lakeport is the way to do it.

Lakeport businessman Mike Ewing also was against commercial operations in the city. “I think it’s a bad idea,” he said of selling “dope” in downtown Lakeport.

When the council began its discussion following public input, Mayor Stacey Mattina said the ordinance before them wasn’t the one she thought would be presented. She said the city initially had a far more modest version with no retail, businesses allowed in industrial and C3 zoning with delivery allowed.

That original ordinance, which came from a city working group, was sent to the Lakeport Planning Commission. “Now we have this ordinance that looks nothing like what we started with,” she said.

She was concerned about not knowing the full risks to the city, and urged fellow council members to pull back and keep working on the rules in the new year.

However, other council members didn’t agree, and wanted to move forward with adopting the regulations, which they noted had been the focus of an enormous amount of effort.

Councilman Kenny Parlet acknowledged the built-in prejudice against marijuana, and then revealed that his adult daughter uses it to relieve her rheumatoid arthritis pain.

“Doing nothing would be a serious mistake,” he said.

However, Parlet was willing to pull retail operations out and require other commercial activities be located in C3 or industrial zoning.

“This is an industry that carries a lot of baggage with it. Nobody is going to argue about that,” said Mayor Pro Tem Mireya Turner, who also is a county planner who has worked extensively on marijuana-related issues.

She said she’s honed her own priorities, which include public safety balanced with safety for those who want to consume marijuana. Turner said she also wanted access to a safe product.

Turner said she believed the ordinance almost accomplished the goals of maintaining public safety and creating a regulatory system. “This a pretty big first step.”

Recognizing that retail was a concern, Turner said she was fine with a slow approach.

“We’ve got to come to terms with the fact that people are doing it,” said Councilman Tim Barnes, who favored putting in place regulations that can be enforced.

Mattina asked if he was open to a more modest approach and Barnes said yes, noting that retail was definitely off the table at that point.

With the agreed-upon changes, including not allowing for dispensaries and keeping commercial operations in C3 and industrial zoning, Barnes moved to approve the ordinance with Turner seconding and the council voting 5-0.

They will take the final vote on the rules next month.

In other business on Tuesday, the council elected Turner as the new mayor and Barnes as mayor pro tem; the Lakeport Main Street Association presented the winners of its annual holiday decoration contest; the council adopted the proposed resolution approving the city of Lakeport’s Hazardous Mitigation Grant Program grant application for the creation of a local hazards mitigation plan; the council received a report on the fiscal year ended June 30, 2017, regarding unaudited actuals and provide staff direction on the treatment of any surplus revenues; a new email server and new HVAC unit at 916 N. Forbes, formerly the Lakeport Police station, were approved; and the council adopted a resolution declaring Dec. 27 a holiday for city employees.

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.



121917 Lakeport City Council agenda packet by LakeCoNews on Scribd

Posted On

LAKE COUNTY, Calif. – As Californians get ready for holiday travel, the California Highway Patrol is set to begin its Christmas Maximum Enforcement Period, or MEP.

The holiday enforcement effort is designed to help ensure the safety of the motoring public during a time when celebrations are in full swing.

The MEP begins at 6 p.m. on Friday, Dec. 22, and continues through 11:59 p.m. on Monday, Dec. 25.

The focus of the MEP is speed limit enforcement, but officers will also be watching for all signs of impaired driving.

During this period, all available officers will be out on the roadways for enhanced enforcement efforts and assisting motorists wherever needed.

“We want everyone to enjoy their holiday celebration, which means protecting yourself, your passengers, and other drivers and pedestrians,” CHP Acting Commissioner Warren Stanley said. “Fasten your seat belt, drive sober, and pay attention to the roadway.”

The winter holidays are meant to be a joyful and relaxing time, but they unfortunately also result in a considerable loss of life on the nation’s roadways.

The National Highway Traffic Safety Administration reports that nationwide, 781 people died in impaired-driving related collisions during December 2016.

Twenty-three people died in collisions in CHP jurisdiction during the 2016 Christmas MEP. Of the 16 vehicle occupants who were killed, half were not wearing a seat belt.

Five pedestrians and two motorcyclists were also killed and 621 people were arrested for driving under the influence of alcohol or drugs in CHP jurisdiction. In all California jurisdictions, including local police and sheriffs’ departments, 36 people died in collisions.

Any impaired driving, whether by alcohol, legal drugs, or illegal drugs, can result in a DUI arrest. A slowed reaction due to medication is as dangerous as any other impairment and will increase the risk of a traffic collision.

An impaired driving arrest can also mean a major hit in the wallet. The fine for a first-offense DUI along with associated costs can total more than $15,000 in California. If you see an impaired driver, call 9-1-1 when you can do so safely.
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COBB, Calif. – The Cobb Area Council is set this week to hold its last meeting of the year.

The group will meet from 6 to 8 p.m. Thursday, Dec. 21, at the Little Red Schoolhouse/Cobb Mountain Lions Club, 15780 Bottle Rock Road.

Presentation and discussion items include taking the time to prepare for next year’s fire season, the Rainbow Bridge and the water system consolidation.

There also will be a treasurer’s report, short reports from committees as needed, along with public and board comment on items not on the agenda.

The full agenda packet is available at www.cobbareacouncil.org.

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.

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