Yolo County

A trial begins today for Loren Poirier, 42, accused in separate cases of vandalism.  Mr. Poirier has a history of serious mental illness, diagnosed as Bipolar Disorder, and there are serious questions both about his competency to stand trial as well as his state of mind at the time in which the crimes were committed.

Nevertheless, the Yolo County DA’s office, apparently overruling the judgment of Deputy District Attorney James Walker, who was assigned to this case, is pursuing this as a three strikes case and seeking to put Mr. Poirier in prison for life.

On Monday we learned that Raley’s has agreed to pay a settlement of $550,000 to resolve a case brought by the District Attorney’s offices in six counties including Yolo County, for illegal practices in handling workers’ compensation claims brought forward by injured workers.

The settlement was announced on Monday by the district attorneys from Yolo, Sacramento, Placer, San Joaquin, Amador, and Monterey counties.  Yolo County DA’s office will receive $100,000 as part of the settlement.

Mark Merin, local defense attorney, will ask “Should Freedom Have a Curfew?” as he reviews the current West Sacramento ‘gang injunction’ at the annual meeting the Yolo Chapter of the Northern California ACLU on May 27, 6:30-9pm at the Davis United Methodist Church fellowship hall, 1620 Anderson Road in Davis. The meeting is free. All county ACLU members are invited, and the public is welcome.

After a potluck meal and election of new Yolo board members for 2010-11, special guest Abdi Soltani, Executive Director of NorCalACLU will provide a brief update of current ACLU activities, followed by Merin’s presentation.

This time the tears flowed freely down the face of Santos Gutierrez and who could blame him.  It has to have been an horrific year since he’s lost his son, Luis Gutierrez Navarro, so far with only suspicions, thoughts of cover up and whitewash and few explanations aside from the usual cover-your-backside report from the DA’s office.

A year ago there were two hundred people that showed up to march in solidarity, this time if it was a quarter of that, they were lucky.  But this is a process that cannot be marked by numbers alone, it has to be marked by passion, compassion, and a bit of fortitude.

On April 15, the Vanguard ran a story that UC Davis is using anti-SLAPP legislation as a means to undermine civil rights protections for employees.  One of the cases we were tracking to illustrate the problem is the case of former UC Davis Police Officer Calvin Chang, who alleges he was the victim of discrimination based on both his race and sexual orientation.

The Vanguard has learned in that in a tentative ruling, the judge has awarded UC Davis 20,756.25 dollars for attorney fees and 407.39 dollars in costs for a total of 21,163.64 dollars.  We argued two weeks ago that this represented an abuse of anti-SLAPP legislation and the extension of SLAPP to include civil rights cases that it was never intended to cover.

People have come up to me quite frequently in the last few months asking why no one has challenged District Attorney Jeff Reisig.  That’s a complicated question that in part shows his strength in the office despite criticism from small segments of the population.  But in part, is the larger part of a much bigger puzzle.

According to the Yolo County Elections office the 2006 battle between Deputy District Attorney’s Jeff Reisig and Pat Lenzi was the first of its kind in Yolo County since 1990.  Dave Henderson was elected five times to office, was unopposed in 1994, 1998, and 2002, and drew opponents in his first two elections in 1986 and 1990.  In other words, only one of the last five DA elections has been contested.

In the last week we had a third Independent Civil Rights Commission meeting and also the announcement by the Sheriff’s Department that the officers had been cleared in an incident where the deputy had allegedly pointed a gun to the head of a nine-year-old girl.  While we may never know for sure, the case of Christal Ochoa probably came down to the word of the family against the word of the deputies. 

Meanwhile, we had more witnesses testify last weekend, depicting the Gutierrez shooting.  One of the witnesses apparently saw the badge of a Sheriff’s Deputy, but never saw a knife in Mr. Gutierrez’s hand.  The investigator believes there is another witness, who thus far has refused to come forward out of some sort of professed fear, that he believes actually saw the shooting.

Let me be honest here and say that I am frustrated with the way our county’s law enforcement operates.  We have had an official investigation by the District Attorney’s Office in the case of the shooting Luis Gutierrez.  They report to us that they found no evidence of criminal wrongdoing.  However, the report that they released was a very obvious summary of facts rather than a complete report.  So we are left to either take their findings on faith or to doubt their findings because there are huge unexplained factors.

Requests for a disclosure of the full investigation have resulted in both claims of privilege and claims that it is an ongoing investigation.  When the DA wants to release information from ongoing investigations they do so.  They released a statement of probable cause and the coroner’s report within a week of the shooting.  Why?  Because they believe it showed justification from the shooting.

When the Yolo County Independent Civil Right’s Commission revealed allegations by Crystal Ochoa and her family, that Yolo County Sheriff’s Deputies as part of the Yolo County Gun Task Force put a gun to the then-nine-year old girl’s head, Sheriff Prieto expressed doubt that his deputies would do that but vowed to investigate the incident and have a report in 30 days.

That 30 days had extended to nearly two months, but finally in a letter dated April 19, 2010, the Sheriff’s Department released their findings.  They had three findings that were unfounded including Standards of Conduct, Display and Handling of a firearm, and DIsplay and Discharge of Firearm.

While a second round of hearings occurred on Sunday, without the committee receiving additional documents, Justice Cruz Reynoso indicated that this might be all they can do for some time.  As it was, two of the witnesses were reportedly too frightened to come forward and instead their testimony was read into the record Sunday afternoon in Woodland. (pictured above)  A third witness who apparently is the only witness to actually see the shooting has refused to come forward.

Meanwhile a toxologist told the Justice Reynoso that he needed to actually examine the blood  in order to make any definitive determinations about Luis Gutierrez’ level of intoxication.  Thus he did not come forward as a witness Sunday . The Justice indicated that while requests have been made for evidence, the County has informed them that the DA has partially re-opened the investigation.

When Chancellor Linda Katehi spoke out last month against recent hate crimes incidents on the UC Davis campus, she cited the UC Davis Principles of Community in hopes of encouraging and teaching the community to embrace understanding and acceptance.

She announced her intention to declare UC Davis a hate-free campus.  In announcing her proposal, she said, “It is time for our university and campus community to come together to confront head-on this sort of regrettable and reprehensible behavior, not only with words but with a coordinated set of actions.”

In last week’s Sacramento Bee, there was a good article that outlined new training that law enforcement in Woodland received about ways to defuse potentially volatile encounters with mentally ill and emotionally disturbed individuals by using words instead of force.

According to the story, “Nineteen officers, dispatchers and security guards from across the region took part in four days of seminars and an afternoon of role playing Thursday.”

The Yolo County Grand Jury is extending its deadline to look for applicants to the Grand Jury Pool.  The Grand Jury plays a crucial role both in determining who gets indicted for crimes and also in terms of investigating local agencies for possible wrong doing. 

It was the Yolo County Grand Jury that shined light on problems in the Davis Fire Stations including drunken firefighters sleeping off their inebriation as well as hostile work environment created by too close a relationship between the union and management.

In a county where many complain about disparate treatment in the Criminal Justice System between people who are white and of privilege and those who are minorities, the 8 month sentence that Brett Pedroia received for performing multiple sex acts with a minor has stuck out for quite some time.

The fact of the matter is that not only is Mr. Pedroia the brother of Red Sox second baseman and former MVP and Rookie of the Year Dustin Pedroia, but his family is a prominent and respected family in the business community of Woodland.

The Vanguard has received word that the District Attorney’s Office is re-opening the investigation into the shooting of Luis Gutierrez.  At this time, the Vanguard is uncertain what that entails.

Last week, the Vanguard ran a story that questioned the official version of events based on the location of several bullet strikes in relation to where Mr. Gutierrez was eventually killed on the street adjacent to the south sidewalk on the Gum Ave overpass over Highway 113.  Based on that story, the Vanguard requested additional information from the county assuming that the investigation of the Office of District Attorney was complete.

To read the accounts in the paper, taken almost verbatim from the Yolo County District Attorney Office’s press release, an 18-year-old Woodland gang member was sentenced to 55 years for a drive-by shooting that occurred in 2008, in Woodland’s Campbell Park.

Ramiro Leon was handed down the sentence for attempted murder along with enhancements for criminal street gang activity and firearms.

Protesters in Yolo County marched on Thursday and Friday in the first two legs of a three day planned march in honor of the late union organizer and civil rights leader Cesar Chavez.

The first stage of the marches was held in Woodland on Friday where demonstrators numbering approximately 50 gathered at 9:30 am at the Woodland DMV, the site from which Luis Gutierrez would embark on what turned out to be his last minutes of his life.  Soon after, he was contacted by Yolo County Sheriff’s as part of the Yolo County Gang Task Force, and as he fled, a confrontation ensued and he was shot and killed.