Issue link: https://www.epageflip.net/i/700563
RecentState/Local Prison Commitments: Thefollowingdefendants were sentenced in Tehama County Superior Court, according to the Tehama County District Attorney's Office: People vs. Cynthia Hayes, Assault with Deadly Weapon. Brief history: On Sept. 3, 2014, the victim was at home when she heard her son outside arguing with the defendant. The victim went outside and observed the defendant key the side of her car. When she con- fronted the defendant, the defendant punched her in the face causing a physical fight to ensue. Witnesses in- tervened and separated the parties. The defendant then got into her pickup truck and drove straight towards the victim before swerving and colliding with a metal post and oak tree. The de- fendant then backed up her truck and crashed into the victim's car before fleeing the scene. Sentenced to total of 7 years, 8 months state prison. People vs. Timothy Rob- ert Yakaitis, False Persona- tion. Brief history: On Aug. 13, 2014, the defendant was pulled over for speed- ing and weaving over dou- ble yellow lines. Upon con- tact, the officer detected the odor of alcohol on de- fendant's breath and asked him to complete field so- briety tests. The defendant admitted drinking "beers and whiskey" prior to driv- ing, failed to complete the field sobriety tests as in- structed, and had a blood alcohol level of .06 percent. At the time of arrest, the defendant falsely identified himself, using his younger brother's name. After his re- lease from jail, staff deter- mined his true identity and discovered he was on post- release community supervi- sion and had an active fel- ony warrant. Sentenced to 3 years, 8 months, consecutive to his sentence in Shasta County, for a total of 13 years, 4 months state prison. People vs. Andre Hay- wood Sr., Child Abuse. Brief history: On July 29, 2015, law enforcement received information from Child Protective Services that the defendant was physically abusing the nine year old victim and had re- cently strangled him. When officers arrived at the de- fendant's home to check the welfare of the victim, the victim had bruising on both sides of his neck and con- firmed the defendant had hit him numerous times and recently strangled him for playing in "flip flops." When officers attempted to question the defendant, he became angry and physi- cally combative. The de- fendant fought with the of- ficers by "head butting" and kicking them before and af- ter his arrest. At one point during the struggle, the de- fendant was able to break free from the officers and run into his home. Sentenced to 4 years state prison. Recent County Jail Commitments: People vs. Glenna Stir- rat, Corporal Injury to Co- habitant. Brief history: On March 14, the defendant was in- volved in a verbal dispute with the victim after accus- ing him of cheating on her. At one point, the defendant bit the victim's arm, causing visible swelling and bleed- ing. When law enforcement arrived, they could hear the defendant yelling at the vic- tim from inside the house, and what sounded like slap- ping. The defendant admit- ted biting the defendant and was arrested on scene. Once at the jail, the defend- ant admitted having meth- amphetamine on her per- son and using methamphet- amine and alcohol prior to the altercation. Sentenced to 3 years for- mal probation, 90 days jail, and 80 hours community service. People vs. Jorge Ochoa, Second Degree Robbery. Brief history: On June 3, the defendant entered Ra- ley's supermarket, grabbed a bottle of tequila and a vase of flowers, and attempted to leave without paying. When confronted by the Loss Pre- vention Officer, the defend- ant attempted to punch the LPO and a struggle ensued. During the struggle, the de- fendant punched the officer three times while they were on the ground. Sentenced to a total of 5 years formal probation, 180 days jail, and 80 hours com- munity service. People vs. Michael Mar- malejo, Vehicular Man- slaughter. Brief history: On Sept. 14, 2015, the defendant was driving his pickup truck northbound on Edith Ave- nue in Corning, approach- ing the intersection and stop sign at Gallagher Ave- nue. The defendant failed to stop at the posted stop sign and proceeded into the in- tersection, striking the vic- tim's truck. The victim was fatally injured in the crash. Sentenced to a total of 5 years formal probation, 270 days jail, and 80 hours com- munity service. People vs. Everett James Stimson, DUI Causing In- jury. Brief history: On Feb. 5, the defendant was driving westbound on Tehama Av- enue in the city of Tehama, approaching Truckee Av- enue, while under the in- fluence of alcohol. The de- fendant failed to stop at the posted stop sign and pro- ceeded into the intersec- tion, striking another vehi- cle. Following the collision, both vehicles rolled off the shoulder and sustained ma- jor damage. The victim sus- tained major injuries as a result of the vehicle colli- sion and had to be extri- cated by emergency person- nel and flown to a nearby hospital. Sentenced to a total of 5 years formal probation, 180 days jail, and 80 hours com- munity service. People vs. Daniel James Koenig, Second Degree Bur- glary. Brief history: On Feb. 15, the victim and her son se- cured all doors and win- dows of their residence be- fore leaving for vacation. The defendant, who was a friend of the victim's son, went to the victim's resi- dence and kicked two doors in. The defendant then ran- sacked the home and stole multiple items, including a .45 caliber rifle, cash, and fireproof safe. Sentenced to a total of 5 years formal probation, 180 days jail, and 80 hours com- munity service. Upcoming Court Dates -Trials, Preliminary Hearings (PX) & Pre Trial Conferences (PTC): People vs. Quentin Ray Bealer, Murder. Brief history: The De- fendant was arrested and charged with the Murder of a 14 year old victim who had been reported missing when she never returned home from School. Officers located the victim's body two days later. Sentencing: July 8, at 10:30 am in Department 27, Sacramento People vs. Travis John Kilburger Brief history: Defendant plead guilty to Domestic Vi- olence with a Special Alle- gation Pursuant to Great Bodily Injury During Do- mestic Violence and Ter- rorist Threats with a Spe- cial Allegation pursuant to Use of a Firearm and a vi- olation of False Imprison- ment. Sentencing: Aug. 16, at 1:30 pm in Department 2 People vs. Poly Duenas Sanchez, Lucio Nenecia Madera, Gabino Madera, Murder with Special Alle- gation-Personal and Inten- tional Discharge of a Fire- arm, GBI, Conspiracy to Commit a Crime with Spe- cial Allegation Personal and Intentional Discharge of a Firearm, GBI. Brief history: The Victim had met with the three De- fendants regarding money that was allegedly owed to the victim. During this confrontation the victim was chased down and shot twice with a shotgun. The victim died as a result of his injuries. PTC: July 25, at 3:30 pm in Department 2 TBJ: Oct. 19, at 9 am (Department to be Deter- mined) People vs. John Noonk- ester, Willful, Deliberate and Premeditated Murder with Special Allegation, Personal and Intentional Discharge of a Firearm, GBI (2 counts); Attempt: Willful, Deliberate and Premedi- tated Murder with Special Allegation, Personal and Intentional Discharge of a Firearm, GBI. Brief history: The De- fendant is charged with shooting and killing his ex-wife and her father, and shooting a bystander. Arraignment on Infor- mation: Sept. 6, at 1:15 pm in Department 2 People vs. Roberta Draper (12 counts) Cruelty to an animal. Brief history: The De- fendant is currently on probation in a prior multi- count cruelty to animal case. One of the terms of her probation was that she is not to possess animals. A probation search was con- ducted at her residence and law enforcement located dogs, geese, guinea hens and turkeys. One of the dogs was deceased, while some of the other animals appeared to be malnour- ished, dehydrated, and in poor health. The Defendant admitted that all the ani- mals found belonged to her. TBC: July 14, at 9 am (Department to be Deter- mined) People vs. Thomas Sea- graves, Michael Flowerdew, Bryan Morrison and Alex- ander Isaacson, Meeting with Minor for Lewd Pur- poses, Contacting Minor for Lewd Purposes, Sod- omy With Person Under 18 Years Old, Oral Copulation of Person Under 18 Years Old, Digital Penetration of Person Under 18 Years Old, Child Procurement Brief history: All four de- fendants were engaged in a sexual relationship with a 14-year-old victim know- ing that he was a minor at the time. One of the defend- ants would drive the victim to Gridley so that he could have sex with another de- fendant on weekends. PTC — Flowerdew, Mor- rison, Isaacson and Sea- graves: Aug. 8, at 1:15 pm in Department 3 Courtroundup By Stephen Braun and Jack Gillum The Associated Press WASHINGTON Key asser- tions by Hillary Clinton in defense of her email prac- tices have collapsed under FBI scrutiny. The agency's year- long investigation found that she did not, as she claimed, turn over all her work-related messages for release. It found that her private email server did carry classified emails, also contrary to her past statements. And it made clear that Clinton used many devices to send and receive email despite her statements that she set up her email system so that she only needed to carry one. FBI Director James Comey's announcement Tuesday that he will not refer criminal charges to the Justice Department against Clinton spared her from prosecution and a devastating political pre- dicament. But it left much of her account in tatters and may have aggravated questions of trust swirl- ing around her Democratic presidential candidacy. A look at Clinton's claims since questions about her email practices as secretary of state sur- faced and how they com- pare with facts established in the FBI probe: CLINTON "I did not email any classified material to anyone on my email. There is no classified material." News conference, March 2015. THE FACTS Actually, the FBI identified at least 113 emails that passed through Clinton's server and con- tained materials that were classified at the time they were sent, including some that were Top Secret and referred to a highly clas- sified special access pro- gram, Comey said. Most of those emails — 110 of them — were in- cluded among 30,000 emails that Clinton re- turned to the State De- partment around the time her use of a private email server was discovered. The three others were recov- ered from a forensic analy- sis of Clinton's server. "Any reasonable person in Sec- retary Clinton's position or in the position of those with whom she was corre- sponding about the mat- ters should have known that an unclassified sys- tem was no place for that conversation," Comey said. Clinton and her aides "were extremely careless in their handling of very sensitive, highly classified information," he said. CLINTON "I never re- ceived nor sent any mate- rial that was marked clas- sified." NBC interview, July 2016. THE FACTS Clinton has separately clung to her ra- tionale that there were no classification markings on her emails that would have warned her and others not to transmit the sensitive material. But the private system did, in fact, han- dle emails that bore mark- ings indicating they con- tained classified informa- tion, Comey said. He said the marked emails were "a very small number." But that's not the only standard for judging how officials handle sen- sitive material, he added. "Even if information is not marked classified in an email, participants who know, or should know, that the subject matter is clas- sified are still obligated to protect it." CLINTON "I responded right away and provided all my emails that could possibly be work related" to the State Department. News conference, March 2015. THE FACTS Not so, the FBI found. Comey said that when his forensic team exam- ined Clinton's server it found there were "several thousand work-related emails that were not in the group of 30,000" that had been returned by Clinton to the State Department. CLINTON "I thought it would be easier to carry just one device for my work and for personal emails in- stead of two." News confer- ence, March 2015. THE FACTS This reason- ing for using private email both for public business and private correspon- dence didn't hold up in the investigation. Clinton "used numerous mobile devices to view and send email" using her personal account, Comey said. He also said Clinton had used different servers. CLINTON "It was on prop- erty guarded by the Secret Service, and there were no security breaches. ... The use of that server, which started with my husband, certainly proved to be ef- fective and secure." News conference, March 2015. CLINTON CAMPAIGN WEB- SITE "There is no evi- dence there was ever a breach." THE FACTS The campaign website claimed "no evi- dence" of a breach, a less categorical statement than Clinton herself made last year, when she said there was no breach. The FBI did not uncover a breach but made clear that that possi- bility cannot be ruled out. "We assess it is possible that hostile actors gained access to Secretary Clin- ton's personal email ac- count," Comey said. He said evidence would be hard to find because hackers are sophisticated and can cover their tracks. Comey said his investiga- tors learned that Clinton's security lapses included using "her personal email extensively while outside the United States, includ- ing sending and receiving work-related emails in the territory of sophisticated adversaries." AP FACT CHECK Cl in to n em ai l cl ai ms c ol la ps e un de r FB I pr ob e MOLLYRILEY—THEASSOCIATEDPRESS Democratic presidential candidate Hillary Clinton addresses the The National Education Association (NEA) Representative Assembly in Washington D.C., on Tuesday. STOVEJUNCTION The TheNorthState'spremiersupplierofstoves 22825 Antelope Blvd., Red Bluff 530-528-2221 • Fax 530-528-2229 www.thestovejunction.com Over 25 years of experience Tues-Sat 9am-5pm • Closed Sun & Mon Now Carrying! GreenMountainGrills & Accessories Serving Butte, Glenn & Tehama Counties Smog Check (MOST CARS & PICK-UPS) 527-9841 • 195 S. Main St. starting at $ 29 95 + $ 8 25 certificate Shop Equipped With 4SmogMachines For Fast Service No appointment Needed We Do Alignments, Brakes, Shocks, Struts, Oil Changes, Suspension, Trailer Repairs, Batteries & Wipers 530 529-0797 1375MontgomeryRd. 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