Issue link: https://www.epageflip.net/i/198390
Thursday, October 24, 2013 – Daily News Obituaries Bagley, Minn. story of Moyer sentencing By TOM BURFORD Farmers Independent (Bagley, Minn.) Two Red Bluff individuals were sentenced on charges of drug trafficking in Clearwater County Ninth District Court Wednesday, Oct. 16, by Judge Paul Rasmussen. At this sentencing hearing, Jeffery Martin Moyer, 57, and his wife, Maureen Marie Moyer, 59, were ordered to each serve 45 days in the Clearwater County Jail and to pay fines of $2,500, plus various FRED VICTOR ARRAMITH fees. Fred Arrasmith, 88, passed peacefully on September 29, 2013. Defense attorneys felt the ruling Fred was born in Spokane and grew up in eastern Washington was fair, even though the 45-day and northern Idaho. After serving in the US Navy in WWII he sentences deviated upward of what studied Electrical Engineering at the University of Idaho, graduating in 1951. During college he met and married Florence, his they had described as the norm. For Clearwater County Attorney loving wife of 66 years. Richard Mollin, the fines were far Fred worked for IBM for 33 years, first in Seattle, then in New York, and finally from 1961 until 1984 as an Electri- lower than he had hoped. "I don't cal Design Engineer in San Jose. In 1984 Fred and Flo like drug dealers in Clearwater moved to Red Bluff where he spent his retirement taking County," he told the Farmers Indelong walks and bike rides, tending his walnut trees, be- pendent. coming an avid Ham Radio operator, baking the best Mollin pushed for a fine on each cookies and rolls for family gatherings, and rooting on of $75,000, which is 30 percent of Bay Area football and baseball teams. Fred was preceded in death by his brothers Robert and the maximum allowable fine of Jack. He is survived by his wife Flo, his children David, $250,000. His arguments included Barbara ( Ted) Polster, Kathy ( Brian) Shelby, Jim ( Anu); allegations that the Moyers had his brother Richard; grandchildren Dan, Jeff, Steven, Julie, Justin, Allia, Kristina, Annika, and Kaisa; great- made several trips from California grandchildren Caleb and Abigail, and dozens of nephews with loads of about 20 pounds of and nieces, who all loved him for his kind and gentle high grade marijuana. He calculated ways. they had a sales potential ranging A service in celebration of Fred's life will be held at the from $450,000 up to $950,000. Northern California Veterans Cemetery. Judge Rasmussen, however, disallowed any reference to any other allegations. The Moyers had pled guilty on Sept. 18 in Clearwater County Ninth District Court to one count of transporting marijuana and selling it. The pair had been charged on April 18, 2013 on the crime of Controlled Substance Crime in the Third Degree. They were accused of transporting marijuana and selling approximately 20 pounds of it to a cooperating defendant. The maximum sentence on the CAROL ANN SPURGEON charges was five years in prison and March 16, 1043 - October 20, 2013 fines of $250,000 each. State senCarol Ann Barnett was born March 16, 1943 at her pa- tencing guidelines called for 12 or rent's home in Prunedale, CA. She grew up in Sterling City and Paradise, CA., later moving to Cottonwood, CA. fewer months in the county jail, with her parents (Fred and Mildred Barnett) and two plus probation, and the level of the siblings. In 1962, Carol attended a dance where she met fine, according to Clearwater CounRon Spurgeon. She initially refused to dance with Ron, ty Attorney Mollin, was an arguable but changed her mind before the dance was over. The matter. two were married in 1964 and, after Ron was discharged Defense attorneys Dee Sweeney from the US Navy, the couple settled in Red Bluff, CA. Carol worked for many years from her home as an up- and Scott Collins argued that simiholsterer. She was a devoted wife, mother, and daughter. lar "Level 6" felonies frequently She enjoyed spending time with her family, going to car resulted in brief jail stays, if any, shows with her husband and friends, working in her and very little in fines. flower garden, shopping non-stop and traveling with her Judge Rasmussen noted that he husband, family and friends to places such as Alaska, Mexico and Germany. She especially enjoyed the many had conferred with several judges, wonderful trips she and Ron made to Hawaii. Carol was looked back at sentencing histories diagnosed with cancer in 2011. She was brave through- for similar crimes, and he decided out and fought the disease with dignity and grace to the that imposing a heavy fine would be end. She passed away at her home on October 20, 2013, surrounded by her family. Carol is survived by her hus- breaking the pattern established by band Ron, sons and daughters-in-law Gary and Becky other courts and judges in MinnesoSpurgeon and Ronnie and Cindee Spurgeon, all of Cot- ta. When Mollin argued that the 30 tonwood CA., sister Sharon (Lee) Bevens of Red Bluff, percent rule is broken for persons grandchildren Kendra, Cody, Kassie and Alyssa Spurgeon who are indigent, Judge Rasmussen of Cottonwood, several nieces and many friends. She will be missed dearly. Aloha to a very beautiful lady. No serv- said that Minnesota has statutory ices are planned at this time, per Carol's request. In lieu minimums that are "almost univerof flowers, the family is asking that donations be made to sally ignored across the state." He St. Elizabeth Hospice, 1425 Vista Way, Red Bluff, CA. said there are practical reasons prosecutors don't seek the minimums. Among those, noted Rasmussen: "We don't have time to be Death notices must be provided by mortuaries to the news department, bill collectors." are published at no charge, and feature only specific basic information He added that if he had time to about the deceased. Paid obituaries are placed through the Classified advertising department. Paid obituaries may be placed by mortuaries or by gather information on the defenfamilies of the deceased and include online publication linked to the newsdants' assets, he might think otherpaper's website. Paid obituaries may be of any length, may run multiple days and offer wide latitude of content, including photos. wise. "But I don't have time. We almost got into a trial today over fines. We don't have the time." He Elaine E. Golonka, of Red Bluff, died Tuesday, Oct. said the sentencing and fine must be 22, at St. Elizabeth Community Hospital. She was 84. decided on "a piece of the picture." That piece was the guilty plea on Arrangements are under the direction of Red Bluff one count. Simple Cremations & Burial Service. Background Published Thursday, Oct. 24, 2013, in the Daily According to the complaints News, Red Bluff, Calif. against the Moyers, a deputy of the Sherburne County Sheriff's Department informed the Minnesota Gregory Romero died Wednesday, Oct. 23, at his Bureau of Criminal Apprehension Anderson home. He was 62. (BCA) that he was working with a Arrangements are under the direction of Blair's Cre- cooperating defendant (CD) who mation & Burial. had provided information regarding Published Thursday, Oct. 24, 2013, in the Daily his/her source of supply for mariNews, Red Bluff, Calif. juana. He told the BCA that this CD Death Notices Elaine E. Golonka Gregory Romero Cynthia Sutherland Cynthia Sutherland died Wednesday, Oct. 23, at her Redding home. She was 60 Arrangements are under the direction of Blair's Cremation & Burial. Published Thursday, Oct. 24, 2013, in the Daily News, Red Bluff, Calif. Marie Taylor Marie Taylor, of Anderson, died Tuesday, Oct. 22, at Mercy Medical Center in Redding. She was 83. Arrangements are under the direction of Blair's Cremation & Burial. Published Thursday, Oct. 24, 2013, in the Daily News, Red Bluff, Calif. CARE TO COMMENT? At redbluffdailynews.com, scroll to the end of any story, click the link and type away. Setting it straight –––––––– It is the policy of the Daily News to correct as quickly as possible all errors in fact that have been published in the newspaper. If you feel a factual error has been made in a news story, call the news department at 527-2153. 7A had identified the Moyers, of California, who also own property at 34277 243rd Ave. in Shevlin. The deputy received authorization to install tracking devices on the two telephones belonging to Jeffery Moyer. With these devices he could track their travel from California to Shevlin. The complaints state that they began traveling northbound in California on April 14 and arrived in Shevlin on April 16. At approximately 11:45 a.m. on April 17, the CD began driving with the deputy to the Moyers' Shevlin residence. The CD had $16,000 in confidential funds to meet with the Moyers to purchase approximately 20 pounds of marijuana. The CD was monitored and was heard talking to a male and female inside the residence and later identified as the Moyers. The CD stated they had the $16,000, and Maureen Moyer stated she counted 20 packages. The CD met with the Sherburne County deputy and turned the marijuana over to him. Two of the packages field tested positive for the presence of marijuana. A search warrant was then executed at the Moyer residence in Shevlin, and the $16,000 in confidential funds were located in the residence on the couch next to Maureen Moyer. Both the Moyers were then arrested and transported to the Clearwater County Jail. Jeffery Moyer was defended by Scott Collins, while Maureen Moyer was defended by Dee Sweeney. At the sentencing hearing, Mollin argued about the potential money made by the Moyers. Collins and Sweeney argued that the Moyers were simply "mules," or persons in charge of transporting the illegal substance. Mollin argued that the fine should be no less than two-thirds of the maximum fine. He said the Moyers earned "a great deal" of money. He added known amounts the Moyers had spent and said they spent more than the amount they claim to have earned. The defense argued that the Moyers have a son who is helping them. Collins said Mollin was citing uncharged and unsubstantiated claims. "His only purpose is to inflame the emotions of the trial court, and we object." Mollin wanted to call the deputy and CD to testify. He said an affidavit noted 10 trips to Minnesota from California. Sweeney said her defendant had indicated six trips. Sweeney said, "This would be a mini-trial." She said the testimony should not be allowed. Judge Rasmussen agreed, saying he cannot use allegations to enhance a commitment or fines. The two were looking at a 21month stayed sentence, plus probation and fines. Mollin argued that if the testimony would be allowed, then the court could get a different idea about their claims of being indigent. Judge Rasmussen said, "I am bound to follow the law." He forbade the use of uncharged allegations. Mollin replied that he is arguing about the law in regard to the defendants' resources. He reminded that they had admitted to a minimum of receiving $450,000 in marijuana sales. Collins said "this type of testimony is not appropriate." Sweeney noted that if the cooperating defendant has immunity, it would "color her testimony." Rasmussen settled Mollin's argument: "I will deny soliciting testimony from these two witnesses." The two were the arresting deputy and the CD. Sweeney then argued that, since this was the first crime ever on the Moyers' records, the courts typically go lightly on sentences and fines. Collins argued the same, saying they should be charged similarly for similar crimes. "They have no criminal history, not even a traffic ticket," he said. Mollin said, "I don't think there's a norm for selling 20 pounds of marijuana." He said he looked at how other states and federal courts treat drug crimes with similar quantities and listed various penalties. He said the federal rates are similar to Minnesota's, and the federal fine averages about $40,000 per offense. He said that in Clearwater County, 20 pounds of marijuana is "an area we rarely visit." Besides a large fine, Mollin wanted each to have 20 years probation, jail time of six to seven months, and fines of $75,000 each. Collins said both defenders are seeking a stay of the sentence, 10 years probation, and he said his experience in regard to jail time for such a crime has usually been 30 days. "I don't see any reason to go over 30 days." He said Mollin's requested fine is disproportionate. He said the fine should not exceed $1,000. Jeffery Moyer asked if he could do his wife's jail time, citing her medical needs and the need for someone to attend to her mother. Sweeney told about the transaction to which the Moyers had pled guilty. They collected $16,000 at the onset, and then the CD was supposed to return with more money after selling it to other dealers and bring enough cash to make the total transaction amount to $55,000. She said this does not mean they made a profit of $55,000, as they had to pay the people who provided the marijuana to them. She also cited their losses since being arrested: their property in Shevlin, forfeited vehicles, travel expenses back and forth from California for court and jail. "There have been financial consequences already," said Sweeney. She said she has never seen fines at the level asked by Mollin. She said the fines sought by Mollin would be exaggerated from the norm by 75 times. She asked the court to not use the Moyers as "an example." Mollin cited that the Moyers paid $30,000 cash down payment for their Shevlin home, paid $10,000 cash for bail, and $5,000 to $6,000 on air fare. He said they had expenditures of $50,000. "You can infer they have a source of income." He added, "The fine will be a deterrent to other drug dealers in Clearwater County." Judge Rasmussen said he is obligated under state law to see that similar crimes get similar sentences. He said he would be a little harsher than might be the case in other counties. He said some counties don't even get a criminal conviction on such crimes. He said home confinement is common, adding, "I don't do that." He then imposed the sentence and fines: • Supervised probation up to 20 years, noting they can "earn their way off early." • 45 days in the county jail, with the husband and wife staggering their terms so one can take care of Mrs. Moyer's mother. • $2,500 each in fines. Usual conditions and extra court fees were added. Judge Rasmussen told the defendants: "I can't order you to not come back to Clearwater County. I would if I could." Story reprinted with permission from the Farmers Independent, Bagley, Minn. ness Wednesday. and Washington streets. He said $1,500 was being donated to the Red BluffContinued from page 1A Tehama County Chamber of Commerce with the leftover Sept. 30 in regards to a fol- money being paid to the lowup story about the reno- contractor for renovation. vations at the lodge at Oak Moyer is a past board member with the chamber, former president of Sunrise Rotary and served on the Salvation Army advisory board. A call to North State Properties, confirmed he was employed at the busi- Rich Greene can be reached at 527-2151, ext. 109 or rgreene@redbluffdailynews .com. Martin said. "We're putting it on city ground, but it's paid for by the private sector." Martin said the commission has reached out to school officials and a pathway will be constructed from the school to the ball fields. The park will contain a separate gated area for smaller breeds of dogs. Commissioners are taking the best ideas and rules they found being used at the Redding and Chico dog parks. In April, Public Works Director Bruce Henz told the Henleys to focus on drumming up support for the park. A Facebook page, facebook.com/redbluffdogpark, has since been created. Eight years ago the Henleys pushed for a dog park, but were eventually turned down over concerns from the police department. MAYOR DOG Continued from page 1A Martin is one of several commissioners who have voiced their approval of the project and have since joined the Henleys in moving the proposal forward. He said the park will come at no cost to the city with donations being used for the initial fencing and gravel and annual fundraisers and volunteers to support future maintenance. "This is done at no cost of the city of Red Bluff,""