GUILTY CA - Faith Tsarnas & Kiya Kitchen, Both 14, Die In Hit & Run, Fortuna, 12 July 2016

[Skadiddle]

**Also, Marcia's maiden name was Stevens. (Stephens) Can't remember the spelling.

 

[Paulas88]

Hello everyone! I'm Skadiddle & I've been a member since 9/2013 but this is my first post AFAIK. I live in Fortuna, grew up here and the parents of Kiya Kitchen went to school with my kids. I need HELP...Marci is going to get off with this 'Scott-free' and I want to make sure everything is done to get justice for those 2 little girls. Humboldt County can't sweep this under the 'good old boys' rug.

Welcome Skadiddle! What makes you think Marci will get away with vehicular manslaughter of two youths, including her own daughter, and leaving the scene of a crime, influencing a minor to give false testimony, hiding the vehicle? It's the craziness case I've ever read (IMO), but, I believe she'll ultimately be put away for life.

ETA: I thought maybe she'd entered a psychiatric hospital and that's why she hadn't been arrested, but since she's "allegedly" spent time with her son on several occasions, and is staying with relatives (?), I guess not. I really don't understand why she wasn't arrested immediately after finding the car. What's the local word on the street in Fortuna?

 

[Everyday Grace]

Comments on Kym Kent's previous posts mention that the driver was drunk. Has anyone checked to see if she has previous DUIs on her record?

John Chiv reported her history of speeding tickets. There was no mention of any DUIs.

If any DUI arrests/convictions existed, I think that would have been published.

http://johnchiv.blogspot.com/2016/07/joe-kitchen-filed-dv-prevention-order.html?m=1

 

[Everyday Grace]

For reference purposes:

191.5. (a) Gross vehicular manslaughter while intoxicated is the
unlawful killing of a human being without malice aforethought, in the
driving of a vehicle, where the driving was in violation of Section
23140, 23152, or 23153 of the Vehicle Code, and the killing was
either the proximate result of the commission of an unlawful act, not
amounting to a felony, and with gross negligence, or the proximate
result of the commission of a lawful act that might produce death, in
an unlawful manner, and with gross negligence.

(b) Vehicular manslaughter while intoxicated is the unlawful
killing of a human being without malice aforethought, in the driving
of a vehicle, where the driving was in violation of Section 23140,
23152, or 23153 of the Vehicle Code, and the killing was either the
proximate result of the commission of an unlawful act, not amounting
to a felony, but without gross negligence, or the proximate result of
the commission of a lawful act that might produce death, in an
unlawful manner, but without gross negligence.

(c) (1) Except as provided in subdivision (d), gross vehicular
manslaughter while intoxicated in violation of subdivision (a) is
punishable by imprisonment in the state prison for 4, 6, or 10 years.
(2) Vehicular manslaughter while intoxicated in violation of
subdivision (b) is punishable by imprisonment in a county jail for
not more than one year or by imprisonment pursuant to subdivision (h)
of Section 1170 for 16 months or two or four years.

(d) A person convicted of violating subdivision (a) who has one or
more prior convictions of this section or of paragraph (1) of
subdivision (c) of Section 192, subdivision (a) or (b) of Section
192.5 of this code, or of violating Section 23152 punishable under
Sections 23540, 23542, 23546, 23548, 23550, or 23552 of, or convicted
of Section 23153 of, the Vehicle Code, shall be punished by
imprisonment in the state prison for a term of 15 years to life.
Article 2.5 (commencing with Section 2930) of Chapter 7 of Title 1 of
Part 3 shall apply to reduce the term imposed pursuant to this
subdivision.

(e) This section shall not be construed as prohibiting or
precluding a charge of murder under Section 188 upon facts exhibiting
wantonness and a conscious disregard for life to support a finding
of implied malice, or upon facts showing malice consistent with the
holding of the California Supreme Court in People v. Watson, 30 Cal.
3d 290.

(f) This section shall not be construed as making any homicide in
the driving of a vehicle or the operation of a vessel punishable
which is not a proximate result of the commission of an unlawful act,
not amounting to felony, or of the commission of a lawful act which
might produce death, in an unlawful manner.

(g) For the penalties in subdivision (d) to apply, the existence
of any fact required under subdivision (d) shall be alleged in the
information or indictment and either admitted by the defendant in
open court or found to be true by the trier of fact.

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=187-199

 

[Knox]

Eel River Drive claimed the lives of two young girls that were skateboarding on the road and hit by a vehicle. Now Douglas Jackson a professional civil engineer for more than 30 years has come forward in response to the tragedy.

“I'm hoping for several things. Number one so that the surviving families and friends will understand that there were fundamental responsibilities for this tragedy,” said Jackson. “Second, let the public know that this is a substandard unsafe condition that needs to be remedied.”

Jackson claims in 2007 when Caltrans closed Drake Hill Road at Highway 101, the agency should have been responsible for mitigating any impacts from the closure.

"All of the cars that went from Drake Hill Road to 101 now either go through surface streets in Fortuna or they come down to Eel River Drive and go north,” said Jackson.

Caltrans however says Eel River Drive is not the agency’s right of way. More recently, the Humboldt County Department of Public Works spent $300,000 to fully rehabilitate Eel River Drive from Drake Hill to Kenmar Road. However the road does not have paved shoulders, it completely drops off to gravel or grass

http://kiem-tv.com/video/fatal-collision-prompts-safety-concerns-eel-river-drive.

Really? So it's Eel River Drives fault, shaking my head ... I agree with a blogger who said this smells like bullcarp. Professional witness much?

 

[Knox]

Interesting read, MK is def not in a treatment faciity.
http://johnchiv.blogspot.com/2016/08/in-emergency-court-order-stephanie.html

 

[1&2&3]

This is ridiculous that Marcia is still "hiding" from LE and getting away with it!

I agree with Skadiddle's post above that that this case is going to be swept under the carpet and neither Marcia nor her boyfriend will be charged! It's the good ole' boys club or the two people would not be still running around.

What is going to happen on August 17 when Marcia goes to court? How and why will she not be arrested then? Personally, I don't think she will be.

After reading about her numerous speeding tickets, my guess is there may have been a few DUI's that were downed to speeding.
A lady known to like her liquor is going to speed and also drive under the influence. JMO?

At 17, the son is certainly old enough to speak up to say who he wants to live with! He probably knows Mom is going to jail and since she killed his sister, he prefers to stay away from her.

Dad is probably terrified of Mom having any contact with son! He doesn't want any more lies told to him and Mom trying. To tell him a story that didn't happen. Truthly, I would rule the son could not be around mom until the case was finished being investigated.

 

[mrsobrien]

:banghead:

Interesting read, MK is def not in a treatment faciity.
http://johnchiv.blogspot.com/2016/08/in-emergency-court-order-stephanie.html

 

[Knox]

I don't feel MK will get away with anything. I think the delay is influenced by the fact she obtained an attorney within a day of the girls deaths, in addition to the other POI's Father being an attorney.

We've all read the public relations spin MK's attorney put out in the media. I don't know what the intricacies of the investigation are and what is taking so long, but I'm confident the CHP is quietly building a case that will stick.

 

[Paulas88]

Ya know, I'm really surprised we haven't heard much from the Faith Tsarnus camp. Where's the outrage!

 

[carpeverum]

So many questions and this waiting for answers is tedious, and what I do know makes me want more answers. :gaah:

Here's a somewhat interesting article from the 9/5/2009 edition of the "Times-Standard." The male named in this article goes by the nickname "Cisco" and has been a close, long-term friend of Josh Pearlston's--going back to childhood. (Josh is known to his closer buddies as "Pearly" around these parts).
http://www.times-standard.com/article/ZZ/20090905/NEWS/909059696

So, that happened--however: I by no means intend to imply that Josh is involved in this type of activity in any way merely because his friend was. I can't seem to find any follow-up regarding charges filed and/or sentencings in the above arrests, but I imagine it wouldn't be at all unlikely if Cisco sought (and got) assistance from the elder Mr. Pearlston on this one.

Something else that deserves to be mentioned: an ironic tragedy that occurred on June 15, 1994. Marcia Kitchen's only sister was killed in a car collision involving a driver who was DUI. Jamie was only 17 at the time (she was about a year older than Marcia was) and was a passenger in one of the vehicles involved. Jamie was only 23 days away from turning 18 years old. I can't recall if it was the driver of the other vehicle or the driver of the one Jamie was in who was under the influence. I'm trying to locate an article that has the exact details, but haven't found one (online) as yet. (I may try finding it in archives at the Eureka library or asking Kym Kemp or John Chiv if they can pull up an article). *I'll update with an ETA if/when I find something.*

One last thing: I absolutely do hope that Stephanie Pearlston is able to have all of her custody wishes granted by a judge regarding her and Joshua's 5-year-old daughter if what she alleges is actually true. If MK's 17-year-old son is having difficulties in the company of MK and possibly JP: I can't imagine it truly being too healthy of an environment for a small child. **JMO & MOO**

Here (again) is the John Chiv article which details Stephanie's concerns and court documents:
http://johnchiv.blogspot.com/2016/08/in-emergency-court-order-stephanie.html

 

[fred&edna]

Ya know, I'm really surprised we haven't heard much from the Faith Tsarnus camp. Where's the outrage!

I know!! I do not have the patience, internal strength or whatever it must take to remain so quiet... I'd have to be muzzled and in a straight jacket.

 

[MsMarple]

Ya know, I'm really surprised we haven't heard much from the Faith Tsarnus camp. Where's the outrage!

Hopefully they're quietly preparing with their lawyer for the wrongful death lawsuit.

 

[Skadiddle]

Thank you, Paulas88. I appreciate your response. As I mentioned before, I have been in this county for 50+ years. I have seen some horrific crimes that never get resolved. Some, I think because of local politics & power, some because of money. This case appears to be headed in the same direction and I would LOVE to be part of seeing justice done for these 2 young women, but I know I can't do it on my own! Marci's boyfriend JP is a very prolific pot grower with many properties here and vacation properties in Costa Rica and Nicaraugua. Josh's father is a well known attorney in the area with his own ties to the pot community. Marci flew with Kiya to Oakland Children's Hosp. on the night she hit the girls. The next morning, Mr. Pearlston and Mr. Benjamin Okin spoke with the CHP (and possibly Fortuna Police Dept.) on Marci's behalf. Since then, she has had NO LESS than 4 Attorneys (the most expensive ones in the area) speaking to the media.
I am new to this, so please let me know when I mess up! I sure don't want to step on any toes as I learn how to maneuver and play in your sandbox.

 

[1&2&3]

I am surprised that an Emergency Court Order takes from August 4 until August 23 to be heard. Guess that is California, I am certainly glad there aren't any holidays during this time frame to delay it further,

For instance, in my area, an Emergency hearing wiould be heard within 48 hours - the word Emergency where a child is involved is deemed exactly that - an Emergency. If the child is in immediate danger, other steps are taken so the child can be removed immediately.

I believe Stephanie has every right for what she is asking for. This father was with Marci, assuming she was the driver, therefore, he has some guilt to pay for the girl's death too.

I believe a good indicator as to how this case is going to go, will be seen as to how the judge rules on August 23. JMO! If the judge does not make significant changes, we can expect to see this case undercharged and justice thrown out the window! I know it is two different courts, however, judges and lawyers are all buddy-buddy and an unspoken word between them is they will cover each other's backsides (which includes families).

My opinions only.

 

[carpeverum]

For Humboldt County: this is a high-profile case that the locals here are not ever going to forget. I feel very confident that even though MK and especially JP have some strong ties to this county--as Zach Zwerdling says--I agree CHP and LEO are going to go hard to prosecute those responsible and are approaching this case thoroughly and cautiously.
http://www.times-standard.com/gener...t-a-hit-and-run-conviction?source=most_viewed

 

[Lilibet]

Thank you, Paulas88. I appreciate your response. As I mentioned before, I have been in this county for 50+ years. I have seen some horrific crimes that never get resolved. Some, I think because of local politics & power, some because of money. This case appears to be headed in the same direction and I would LOVE to be part of seeing justice done for these 2 young women, but I know I can't do it on my own! Marci's boyfriend JP is a very prolific pot grower with many properties here and vacation properties in Costa Rica and Nicaraugua. Josh's father is a well known attorney in the area with his own ties to the pot community. Marci flew with Kiya to Oakland Children's Hosp. on the night she hit the girls. The next morning, Mr. Pearlston and Mr. Benjamin Okin spoke with the CHP (and possibly Fortuna Police Dept.) on Marci's behalf. Since then, she has had NO LESS than 4 Attorneys (the most expensive ones in the area) speaking to the media.
I am new to this, so please let me know when I mess up! I sure don't want to step on any toes as I learn how to maneuver and play in your sandbox.

BBM (bolded by me)
Hi and welcome, Skadaddle! :seeya:

I'm glad you're here. I lived in SoHum from 1969-84, so I follow Humboldt threads closely and with sadness.

Since you're new here, I've posted below a few links that should help you navigate within the rules here on WS. We are confined to posting information from MSM (mainstream media). If we could only use the Times Standard and KIEM, we'd know next to nothing, so we are usually also allowed to use Kym Kemp, John Chiv, LOCO, and other smaller news sources online...unless they get into the realm of rumor (specific comments are off limits, but you can suggest reading the comments). So even if you personally know who grows pot, you can't post it unless the information has been published (not just in a comments section). Your post might get snipped by a mod. That's how we learn. It's a tough tightrope to walk when you're a local, so I wanted to let you know. If you know any of the people involved personally, you could apply to become a verified insider, which allows you a little more leeway in posting. But if you're just a local, personal information about the key players is off limits.

i know we're all salivating to know everything possible about what's going on, but these rules keep WS fair and trustworthy and the sandbox clean.

http://www.websleuths.com/forums/showthread.php?65798-Etiquette-amp-Information

http://www.websleuths.com/forums/showthread.php?167277-Verification-Process-for-Professional-or-Insider-Posters

http://www.websleuths.com/forums/showthread.php?291123-Social-Media-Facebook-Twitter-etc

 

[Lilibet]

For Humboldt County: this is a high-profile case that the locals here are not ever going to forget. I feel very confident that even though MK and especially JP have some strong ties to this county--as Zach Zwerdling says--I agree CHP and LEO are going to go hard to prosecute those responsible and are approaching this case thoroughly and cautiously.
http://www.times-standard.com/gener...t-a-hit-and-run-conviction?source=most_viewed

This is a "must read" article for anyone who thinks this won't be prosecuted. We WSers are notoriously impatient about arrests. But LE has to be thorough to make a case that will hold up when the defense attorneys get hold of it. I've seen it time and again. A month is nothing. And once there is an arrest or arrests, it will take at least two years to go to trial because of legal maneuvering IMO. So we need a LOT of patience!!

 

[cvaldez1975]

My husband filed an ex parte (emergency hearing) for his teenage son due to the mother being reported to CPS by the school for abuse. He filed right after Thanksgiving (Nov 29 or something) had a hearing Dec 2, he got temporary full custody of all 3 kids that date. Another hearing on 14th. Mom got the other two kids back on her time. Emergency screening was not until December 30. Incidentally, we are still in court.

I am surprised that an Emergency Court Order takes from August 4 until August 23 to be heard. Guess that is California, I am certainly glad there aren't any holidays during this time frame to delay it further,

For instance, in my area, an Emergency hearing wiould be heard within 48 hours - the word Emergency where a child is involved is deemed exactly that - an Emergency. If the child is in immediate danger, other steps are taken so the child can be removed immediately.

I believe Stephanie has every right for what she is asking for. This father was with Marci, assuming she was the driver, therefore, he has some guilt to pay for the girl's death too.

I believe a good indicator as to how this case is going to go, will be seen as to how the judge rules on August 23. JMO! If the judge does not make significant changes, we can expect to see this case undercharged and justice thrown out the window! I know it is two different courts, however, judges and lawyers are all buddy-buddy and an unspoken word between them is they will cover each other's backsides (which includes families).

My opinions only.

 

[Skadiddle]

Thank you to everyone for allowing me to be here, and a special thanks to Lillibet for your kind corrections of my errors. I haven't learned all the rules yet, but I hope to soon. Your help, guidance and patience are appreciated. Lillibet, if you are comfortable doing so I would love to hear about your stay here. I am always interested in what brings people to Humboldt and why they leave.
JP is part of the local movement to legalize cannabis and has listed his business with Dun and Bradstreet here https://www.dandb.com/businessdirectory/emeraldcannabisclubcooperativeinc.-eureka-ca-5643912.html One of my huge concerns is how this has stayed OUT of the news. Many people in other SM groups (where I participate) are shocked as well. I have seen many less shocking stories get State, National and even International news. The Times-Standard in Eureka is owned by a much larger corporation; why wasn't this story picked up by some of the other newspapers that they own?
1&2&3, just to clarify for you: Marci was alone in her Jeep when she hit the girls. She and her husband (Joseph) have not been together for close to 5 years. JP (the boyfriend) was in his truck about 5 minutes behind her. If you read the DV paperwork in John Chiv's blog posted earlier in this thread it will clarify further. Also, I am a scanner aficionado. I listened to this play out from the initial scanner call that came across as a "traffic collision, hit & run" until the Jeep was finally towed away from Marci's home the next night. As with anything on the scanner, initial information is sometimes wrong. However, scanner information can also provide you with facts that are not made public until later.