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FRIDAY DECEMBER 30, 2011 Breaking news at: www.redbluffdailynews.com J.R. Martinez See Inside Select TV RED BLUFF Needing help Sports 1B likely Weather forecast 10A Rain 58/37 DAILYNEWS TEHAMACOUNTY DAILY 50¢ T H E V O I C E O F T E H A M A C O U N T Y S I N C E 1 8 8 5 Judge blocks low-carbon fuels rule FRESNO (AP) — A federal judge blocked California from enforcing its first-in-the-nation mandate for cleaner, low-car- bon fuels on Thursday, saying the rules favor biofuels pro- duced in the state. The lawsuit challenging the state regulations, which were adopted as part of California's landmark 2006 global warming law, was filed in federal court last year by a coalition that includes the National Petro- chemical & Refiners Associa- tion and the Consumer Energy Alliance. Fresno-based U.S. District Court Judge Lawrence O'Neill's written ruling Thurs- day said the low-carbon fuel rules violated the U.S. Constitu- tion's commerce clause by dis- criminating against crude oil and biofuels producers located outside California. Out-of-state fuels producers hailed the decision as a win for California drivers. ''Today's decision ... struck down a misguided policy that would have resulted in even higher fuel costs for Californian consumers while increasing the cost of business throughout the state,'' Consumer Energy County sued over inmate's suicide By TANG LOR DN Staff Writer The family of a Tehama County inmate who hanged himself has filed a wrongful death and neg- ligence suit against the Sheriff's Department that names several jail officials and staff, including those from St. Elizabeth Community Hospital. The suit alleges the jail staff's deliberate indif- ference to William Joseph Costa's mental health issues and failure to provide appropriate or reason- able medical examination led to his suicide on Dec. 15, 2010. "Had appropriate and reasonable medical assis- tance and treatment been rendered to (Costa) in a timely manner, he would have survived and suf- fered no long-term medical conditions, issues or problems," the suit alleges. Tehama County Counsel William Murphy and Assistant County Counsel Arthur Wylene declined to comment. Wylene said the office considered the matter a pending litigation, but had yet to be served with the papers. The suit also claims jail staff should have known about Costa's mental health problems, as he had a documented history with the Tehama County Men- tal Health Division of the Tehama County Health Services Agency. While Costa was in custody, his mother called the jail several times to express her concerns about his health after having received several emotional and erratic phone messages from him, but jail staff allegedly paid no attention and treated her rudely. It was only after the staff was alerted by another inmate that Costa was found hanging by a bed sheet in his jail cell, the suit alleges. When jail staff attempted to lower him from the sheets they dropped his head, which made "a loud crack when it hit the concrete floor." Costa had not shown any type of distress during a security check that was performed about an hour before he was found hanging, Sheriff's officials said at the time. He was taken to St. Elizabeth Community Hospital where he later died. Costa was in jail facing charges of rape by force or fear and inflicting corporal injury. He had been arraigned just two hours before the hanging. The suit was filed last week in federal court with Costa's mother Barbara Costa as the lead plaintiff. Other plaintiffs include his two children Emily Rose Costa and William Joseph Costa, Jr, both whom are minors, according to a tort claim filed against the county in June by Barbara Costa. The family is seeking unspecified general, com- pensatory and punitive damages, funeral and burial expenses, lost wages, attorney fees and declaratory relief in regards to the county's policies on provid- ing mental and medical care to inmates. ——— Tang Lor can be reached at 527-2153, Ext. 110 or by e-mail at tlor@redbluffdailynews.com. Bull gets loose on I-5 A bull wreaked havoc with northbound Inter- state 5 traffic when his escape from a livestock trailer caused a crash at 9:15 a.m. Thursday. The trailer door came open and someone flagged the driver down who stopped on the shoulder where the bull made an exit, heading into the center divider, according to the CHP website. A traffic break was set up while offi- cers tried to catch the bull. Kwiye MacNichols, 70, of Cotati was travel- ing north and failed to notice that traffic was slowing to a stop until it was to late. Braking, MacNichols swerved right to avoid a collision and ended up in gravel on the shoulder. She lost control of her vehi- cle, which collided with a perimeter fence, dam- aging 15 feet. 7 5 8 5 5 1 6 9 0 0 1 9 MacNichols was uninjured. Her 2001 Honda CRV had minor damage. — Julie Zeeb ''Today's decision ... struck down a misguided policy that would have resulted in even higher fuel costs for Californian consumers while increasing the cost of business throughout the state.'' — Consumer Energy Alliance Executive Vice President Michael Whatley Alliance Executive Vice Presi- dent Michael Whatley said. The board plans to ask the judge to stay the ruling, and appeal if necessary to the San Francisco-based 9th U.S. Cir- cuit Court of Appeals, spokesman Dave Clegern said. The rule is ''an evenhanded standard that encourages the use of cleaner low carbon fuels by regulating fuel-providers in California,'' Clegern said, adding that it ''does not dis- criminate against any fuels on the basis of geography.'' Beginning this year, the stan- dard has required petroleum refiners, companies that blend fuel and distributors to gradual- ly increase the cleanliness of the fuel they sell in California. The board previously had See BLOCKS, page 9A Helping others Daily News photo by Julie Zeeb Brittany Gaines, 17, of Shingle Springs tries out a modified rifle mounted to her wheelchair on Wednesday at Red Bank Outfitters thanks to the Fregoso Outdoor Foundation. By JULIE ZEEB DN Staff Writer Hunting and being out- doors has always been a part of life for the Fregoso family and now they are sharing it with others. On Wednesday, Max Fregoso, who was born and raised in Red Bluff, and his wife Kelly, who hails from Cottonwood, brought the joy of hunting to two special teens at Red Bank Outfitters, 18875 Red Bank Road, west of Red Bluff. The couple expanded their non-profit, Fregoso Outdoor Foundation, which helps soldiers, vet- erans and military fami- lies to include children with disabilities. "We did our first hunt in February, but its been an 18-month process get- ting started," said Fregoso, who works in the construction industry. "Kelly and I have been very blessed, even in this TEHAMA COUNTY GLASS MOULE'S Sat., Dec 31st Happy We will be closed on New Year! 515 Sycamore St. 529-0260 "It's an honor and a blessing that they'd do this, not just for him, but our whole family." — Decky Jellison market. I was an Army veteran and this was our way of giving back to those who have served." The couple, who now live in El Dorado Hills in the Sacramento area, set a goal of helping one or two soldiers, but thanks to the generosity of people like Brian and Shellie Riley, owners of Red Bank Out- fitters in Red Bluff, they have been able to do much more, he said. That included Wednes- day, when the Fregoso Outdoor Foundation orga- nized a hunters safety class, put on by Game Warden Peter Blake of the California Department of Fish and Game. Afterward, Derek Jelli- son, 14, of Redding and Brittany Gaines, 17, of Shingle Springs had the All you can eat RIBS only$ FRI. JAN. 30TH 5-8pm D NEWSAILY 527-6108 No cover charge *Meal includes: 1 bean, 1 cole slaw & 1 corn bread Jack the Ribber 1150 Monroe Red Bluff RED BLUFF TEHAMACOUNTY 527-2151 • FAX 527-3719 545 DIAMOND AVE., RED BLUFF 14* Featuring Live Music FLASHBACK CLASSIC ROCK & ROLL chance to try out a rifle modified to fit their spe- cific needs. Fregoso and his wife organized the event after meeting Derek at a War- rior of Wetlands event earlier in December, said Derek's mother Decky Jellison. Derek, an eighth grade honor roll student at Sequoia Middle School is dealing with complica- tions from a surgery to address a brain stem and spinal cord tumor found when he was four-years- old. Derek has been around hunting his entire life, said Decky, who along with Derek's father Dillon and 10-year-old brother Dustin came to watch the momentous occasion. "The whole family is involved," Decky Jellison said. "I have a picture of him when he was very young in a carseat in cam- ouflage. This is a way for him to be involved. He may have a disability, but this shows it won't hold him down and you can still rise above it." Wednesday, Jellison used a rifle Fregoso had modified, mounted on his wheelchair, using a toggle switch he operated with his chin and a tube that triggers the rifle when it's sucked on. "It's just mind-bog- gling that they can do this with live fire," Decky said. "Randy Fregoso and Max have gone above and beyond." The Fregosos have See OTHERS, page 9A The Daily News office will close at noon Friday, Dec. 30 & closed New Years Holiday, Monday, Jan. 2 Advertising deadline for these editions & the Tuesdays following is 10am the previous Thursday.