On May 18, 2015, in the case of the People of the State of California v. Juan Ferrer, the jury found the defendant guilty of voluntary manslaughter for the November 25, 2013, killing of Douglas Anderson-Jordet. The jury also found that the defendant personally used a deadly weapon, a knife, in the commission of that crime. The jury found the defendant not guilty of second degree murder. Mr. Anderson-Jordet’s family has been notified of this result and they have expressed their gratitude that the case finally has been decided by a jury.
The case was prosecuted by Deputy District Attorney Roger C. Rees, with assistance from District Attorney Investigator Jack Bernstein and Victim/Witness Advocate Marybeth Bian. The defendant was represented throughout the proceedings by Deputy Conflict Counsel Marek Reavis.
The scheduled sentencing date is June 15, 2015. The sentence for the crime of voluntary manslaughter with a deadly weapon has the following range: a mitigated term of four years, a middle term of seven years, and an aggravated term of twelve years in prison.
Officials announced the lawsuit filed against the Humboldt Waste Management Authority (HWMA) by the Arcata Community Recycling Center has been settled. To resolve stated allegations, an agreement was reached between parties that the complaint would be dismissed with prejudice, effectively ending the lawsuit.
The lawsuit began October 24, 2011 and concerned long running litigation regarding the Samoa Recycling Facility and its operation.
"We are pleased to announce settlement of this lawsuit with ACRC.” stated HWMA Board Chair Jack Thompson. “The mutually developed settlement will enable the parties and our communities to place this matter to rest, and move forward.”
“Well, I am finally home! Back at the ocean! ... I would like to make a request to you. I will keep putting out the (Outside my Window) for free, but I would greatly appreciate the purchase of an 8x10 matted print from as many of you as are interested. The legal experience did cost me quite a bit and I would like to pay off my bills. So if you have a favorite photo, please order one from me! Many thanks to you all for the support I received while I was on 'sabbatical.'"
Wrongful Death Claim Alleges City of Eureka Police Shooting Was Unjustified
On Monday, February 23, 2015, Jeanne Barragan and Lance McClain will be filing a claim for damages against the City of Eureka, City of Eureka Police Department Officers Stephen Linfoot and Brian Stephens, and other unnamed officers involved in the shooting of their son Thomas McClain. Approximately 45 days after filing the claim, a lawsuit will be filed in federal court alleging wrongful death and civil rights violations.
City of Eureka Police Department Officer Stephen Linfoot shot and killed 22-year-old Thomas McClain in his own front yard on September 17, 2014. Although witnesses claim that more than one officer may have fired during the incident, at this time this office can only confirm that Officer Linfoot discharged his weapon. At the time of the shooting,
Thomas McClain had his hands up and did not pose an immediate risk of death or serious bodily injury to any person. Jeanne Barragan and Lance McClain, Thomas’ parents, are filing a claim seeking monetary damages of ten million dollars. Under California law, a claim for damages must be filed before bringing a lawsuit against a municipality for violations of state tort law.
The law does not permit police officers to use deadly force unless a reasonable officer would believe the person posed an immediate threat of death or serious bodily injury. In addition, if feasible, officers must give warnings before resorting to deadly force, and under a recent California Supreme Court decision, an officer’s unreasonable tactics leading up to a shooting are relevant to whether the shooting was lawful.
Jeanne Barragan and Lance McClain are represented in their civil rights lawsuit by The Law Offices of Dale K. Galipo. Some of Mr. Galipo’s recent civil rights verdicts include the following: a $4.6 million jury verdict in September 2011 for the family of Martin Cotton, who died in custody after being beaten by City of Eureka police officers; a $5.7 million jury verdict for Robert Contreras, who was left a near-quadriplegic after being shot by LAPD officers; a $6.5 million jury verdict in April 2013 for the family of Douglas Zerby, who was shot and killed by Long Beach police while holding a garden hose nozzle that police claimed to have mistaken for a gun; a $7.8 million verdict in June 2014 for William Howard, an unarmed man who suffered a severe brain injury and partial paralysis after being shot in the face by a County of Riverside sheriff’s deputy; and an $8.8 million jury verdict in May 2013 for the family of LeJoy Grissom, who was killed in a parking lot by a Culver City police officer wielding an MP5 submachine gun.
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