Red Bluff Daily News

March 18, 2017

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Thefollowingdefendants were sentenced in Tehama County Superior Court, according to the Tehama County District Attorney's Office: RecentState and Local Prison Commitments: People vs. Marco Antonio Oveido, Kidnapping; As- sault with a Deadly Weapon Brief history: Defen- dant and an accomplice got into an argument with two brothers, both victims in this case. The four men continued arguing after re- turning to the truck they had been using earlier in the day. Minutes later, one of the victims was stabbed three times. He was able to escape the vehicle and seek help from a neighbor. The other victim was unable to escape and was transported to a secondary location. He was tied up and held at that location, an apartment, for the next few hours. Sentenced to 9 years state prison. People vs. Leartis Kamau Caradine, DUI Causing In- jury; Allegation- Great Bodily Injury Brief history: Defendant was at a get together with friends and was supposed to be the designated driver. He began to drive his friend's home despite having had too much to drink. As a re- sult of his intoxication, al- lowed his vehicle to drift to- wards the edge of the road- way. He lost control of the vehicle, which rolled multi- ple times and came to rest on its roof. One of the pas- sengers remained trapped in the vehicle when emer- gency crews arrived on scene. Sentenced to 4 years, 4 months state prison. People vs. Sergio Marti- nez, Possession of a Firearm by a Felon; Special Allega- tion- Any Prior Felony Brief history: Law en- forcement initially con- tacted Defendant for a re- ported loitering male. After being informed by dispatch that there was a warrant out for the Defendant's ar- rest, the officer recontacted him. Defendant was unco- operative and claimed he was being "harassed" by of- ficers. Defendant was carry- ing a loaded .38 caliber re- volver in an ankle holster. Sentenced to 3 years state prison. Recent Jail Commitments: People vs. Karla Rose Bonzani, Three counts of Child Abuse; Driving while having a 0.08% Blood Al- cohol Brief history: Defen- dant was on DUI proba- tion from a 2014 convic- tion. She drank a pint and a half of vodka in the morn- ing, and then drove to Jack- son Heights School to pick up her children. After get- ting them into the vehicle, she collided with another vehicle, which was carry- ing another parent and two children. After leaving the scene of the collision, De- fendant drove across her own lawn when pulling into her home. When officers ar- rived a short time later, De- fendant was found passed out on the floor. When her blood was analyzed, her BAC was more than three times the legal limit. Placed on 5 years proba- tion and ordered to serve 330 days in the county jail after completing residential treatment. 8 years prison suspended. People vs. Alicia Barker, Non-sufficient Fund Checks Brief history: Defendant writes two non-sufficient fund checks totaling more than $1,700. She had ini- tially enrolled in the TCDA Bad Check program but did not complete it. Defendant has not made restitution for the bad checks. Placed on 3 years proba- tion, ordered to serve 90 days in the county jail and complete 80 hours of com- munity service. Upcoming Court Dates - Trials, Preliminary Hearings (PX) & Pre Trial Conferences (PTC): People vs. Poly Duenas Sanchez and Gabino Mad- era, Murder with Special Allegation, Personal and Intentional Discharge of a Firearm Brief history: The de- fendants are charged with shooting and killing the vic- tim in Tehama County and burning his body in Glenn County. PPX: April 24 at 10 am in Department 1 PX: April 27, at 9 am (Department to be Deter- mined) People vs. Poly Duenas Sanchez,LucioNeneciaMad- era, Gabino Madera, Murder with Special Allegation, Per- sonal and Intentional Dis- charge of a Firearm Brief history: The de- fendants are charged with shooting and killing the vic- tim. Trailing new felony 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. PTC: April 3, 1:15 pm in Department 1 TBJ: June 14, at 1:30 pm (Department to be Deter- mined) People vs. Thomas Mi- chael Dixon, Murder with Special Allegation and In- tentional Discharge of a Firearm, with Great Bodily Injury Brief history: The defen- dant confronted the victim regarding an alleged theft. During the confrontation, the victim was shot multi- ple times. PTC: March 24, at 1:15 pm in Department 3 TBJ: April 5, at 1 pm (Department to be Deter- mined) People vs. Suren Patel, public officer crime, perjury by declaration, theft from elder or dependent adult, grand theft, workers' com- pensation fraud, conspiracy to commit a crime, 2 counts Brief history: Patel was the owner and manager of a motel in Red Bluff and is an elected Red Bluff City Coun- cilman. In running his mo- tel, Patel employed people to provide maid and main- tenance services. Based on an initial investigation, it was determined that Patel failed to provide accurate information to his work- ers' compensation insur- ance carrier. Additionally, Patel used a motel custom- er's credit card to his advan- tage without the consent of the customer. Additionally, as a motel owner and oper- ator, Patel was entrusted by the city of Red Bluff to col- lect from each motel guest Transient Occupancy Tax and to provide such tax to the city each month. Based on an investigation, it appears that Patel signif- icantly under-reported the taxes due to the city. In ad- dition to the listed charges, Patel falsified documents on behalf of two employees so that they could unlaw- fully obtain welfare bene- fits. Patel was arrested on a Tehama County warrant in Florida and agreed to be extradited to Tehama County. Patel surrendered his passport by order of the court. Based on such sur- render, Patel's bail was set at $300,000. PPX: March 27 at 10 am Department 1 PX: March 28, 2017 at 1:30 pm Department 1 People vs. Clayton De- laugher, Vehicular Man- slaughter Brief history: The de- fendant was driving and approaching an accident southbound on I-5 when he hit another vehicle. The driver of the other vehicle died at the scene. Next Court Date: March 27, at 10 a.m. in Depart- ment 1 People vs. Malachi Jack- son, Attempted Murder, Mayhem, Assault with a Deadly Weapon Brief History: The defen- dant and the victim were involved in an altercation wherein the victim was stabbed by the defendant. Next Court Date: April 10, at 1:15 pm in Depart- ment 1 People vs. Kory Daniel Lefler, Murder Brief history: The defen- dant and the victim were in- volved in a confrontation. The victim was shot mul- tiple times which caused great bodily injury result- ing in death. Arraignment on Infor- mation: March 27, at 1:15 p.m. in Department 1 People vs. Jennifer Ad- ams, 5 Counts, Theft from Elder or Dependent Adult, 5 Counts, Grand Theft of Per- sonal Property, 5 Counts, Grand Theft, 5 Counts, Theft Brief history: The defend- ant embezzled funds from multiple clients at the care facility she was employed at over a several year period. Next Court Date: March 27, at 10 am in Department 1 People vs. Brandy Conk- lin aka: Turner, Murder Brief history: The defen- dant and the victim were in a dispute over child cus- tody. The victim was shot which caused great bodily injury resulting in death. Next Court Date: March 21, at 8 a.m. in Department 1 COURTROUNDUP By Gene Johnson and Sudhin Thanawala TheAssociatedPress SEATTLE Federal law gives the president broad au- thority over immigration. Jimmy Carter used it to deny some Iranians entry to the U.S. during the hostage crisis, Ronald Reagan to bar Cubans who didn't already have relatives here and President Barack Obama to keep out North Korean officials. So why does President Donald Trump keep run- ning into legal trouble with his efforts to freeze immi- gration by refugees and citi- zens of some predominantly Muslim nations? When federal courts in Hawaii and Maryland blocked Trump's revised travel ban from taking ef- fect, the judges spelled out their major concern: the un- usual record of statements by the president and his ad- visers suggesting the exec- utive order's real purpose was to discriminate against Muslims, in violation of the Constitution's ban on offi- cially favoring or disfavor- ing any religion. As the legal fight moves into the appeals courts, two key issues will be the extent of the president's broad im- migration powers — and whether Trump's own re- cord stymies his plans. The rulings Neither U.S. District Judge Theodore Chuang in Maryland nor Judge Der- rick Watson bought the ad- ministration's reasoning that the travel ban is about national security. "The history of public statements continues to provide a convincing case that the purpose of the second executive order re- mains the realization of the long-envisioned Mus- lim ban," Chuang wrote. Watson criticized what he called the "illogic" of the government's arguments and cited "significant and unrebutted evidence of re- ligious animus" behind the travel ban. He also noted that while courts should not examine the "veiled psyche" and "secret motives" of gov- ernment decision-makers, "the remarkable facts at is- sue here require no such im- permissible inquiry." "For instance, there is nothing 'veiled' about this press release: 'Donald J. Trump is calling for a to- tal and complete shutdown of Muslims entering the United States,'" he wrote, referring to a statement Trump issued as a candi- date. But the scope of the rul- ings differed. In a challenge brought by Hawaii, Watson blocked the federal govern- ment from enforcing its ban on travel from six mostly Muslim countries and its suspension of the nation's refugee program. Chuang only blocked the six-nation travel ban, saying it wasn't clear that the suspension of the refugee program was similarly motivated by reli- gious bias. A federal judge in Seat- tle on Thursday ruled that his order blocking Trump's original travel ban does not apply to the revised execu- tive order because there are enough differences between the two. Judge James Robart noted that Washington and several other states have also asked him to block the revised ban. He said he would rule on that request at a later date. Appeals coming Speaking Wednesday evening at a rally in Nash- ville, Tennessee, Trump called the ruling in Hawaii an example of "unprece- dented judicial overreach" and said his administra- tion would appeal it to the U.S. Supreme Court. He also called his new travel ban a watered-down version of the first one, which he said he wished he could imple- ment. "We're going to win. We're going to keep our cit- izens safe," the president said. "The danger is clear. The law is clear. The need for my executive order is clear." The Justice Department filed a brief notice Friday saying that it would appeal the Maryland ruling to the U.S. Court of Appeals for the 4th Circuit. A day ear- lier, White House spokes- man Sean Spicer said the government planned to seek clarification of the Hawaii order before ap- pealing to the 9th Cir- cuit. That circuit is where a three-judge panel unan- imously declined to re- instate Trump's original travel ban when it was put on hold by a Seattle Judge last month. Despite the legal victo- ries for critics of the ban, it's far from clear that they will continue to win. A dif- ferent panel of judges in the 9th Circuit will probably hear the appeal of Hawaii's case. And on Wednesday, five judges signed a dissent criticizing the court's deci- sion not to reconsider and throw out the panel's ruling on the original travel ban. President's authority In 1952, with the nation fearful of communist infil- tration, Congress gave the president the authority un- der the Immigration and Nationality Act to take ac- tion: "Whenever the presi- dent finds that the entry of any aliens or of any class of aliens into the United States would be detrimen- tal to the interests of the United States, he may ... suspend the entry of all aliens or any class of aliens as immigrants or nonimmi- grants, or impose on the en- try of aliens any restrictions he may deem to be appro- priate," the law says. That power has been in- voked dozens of times. But legal experts say those ex- amples were more lim- ited than what Trump has sought. ANALYSIS Muslim rhetoric a key issue in travel ban rulings GEORGELEE—THESTAR-ADVERTISER In ruling against the travel ban, U.S. District Judge Derrick Watson in Honolulu questioned whether the administration was motivated by national security concerns. By Elliot Spagat The Associated Press SANDIEGO The Justice De- partment said Friday that it will temporarily transfer immigration judges to six detention centers mostly near the border with Mex- ico in an effort to put Pres- ident Donald Trump's im- migration directives into effect. The department's Execu- tive Office for Immigration Review said the transfers to four locations in Texas and one each in Louisiana and New Mexico will occur Mon- day. Judges were previously moved t immigration deten- tion centers in California. Trump's executive order on border and immigration enforcement in January says judges should immediately be assigned to immigration detention centers. Many cases are in courts where immigrants are freed before their cases are heard. Trump's executive order also calls for construction of a wall on the 2,000-mile border with Mexico and the addition of 5,000 Border Pa- trol agents and 10,000 Im- migration and Customs and Enforcement officers and agents. The president's budget proposal for the 2018 fis- cal year released Thurs- day calls for a 19-percent increase in immigration judges to 449 positions. There are currently 300 judges, even though the office is funded for 374 slots. Kathryn Mattingly, a spokeswoman for the Ex- ecutive Office for Immigra- tion Review, said 50 appli- cants are in various stages of the hiring process, which can take up to 12 months. Starting Monday, a de- tention center in Jena, Louisiana, will have three judges, Mattingly said. De- tention centers in Dilley, Karnes City, Laredo and Livingston — all in Texas — and in Chaparral, New Mexico, will each have one. They currently have none, though hearings can be done by video connection with other courts. BORDER DETENTIONS Immigration judges to be sent to centers FACTORYMATTRESS OUTLET 3650MainSt.inCottonwood 347-3646 Open7Days(since1920) • FREE Delivery • FREE Take-Out SAVEFROM $ 100 $ 250 OFF With This Coupon TO QUALITY 2-SIDED FLIPPABLE MATTRESSES LaCorona GardenCenter&FeedStore Hydroponics Fertilizer 7769 Hwy 99E, Los Molinos 530-576-3118 LaCoronaHydoponic@gmail.com Open8-6pmMonday-Sunday Saturday, March 18 Round Up Saloon Round Up Saloon 610WashingtonSt. (530) 527-9901 16 Beers on tap Like our page for upcoming events | NEWS | REDBLUFFDAILYNEWS.COM SATURDAY, MARCH 18, 2017 8 A

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