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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.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.
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?
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=187-199191.5. (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.
Interesting read, MK is def not in a treatment faciity.
http://johnchiv.blogspot.com/2016/08/in-emergency-court-order-stephanie.html
Ya know, I'm really surprised we haven't heard much from the Faith Tsarnus camp. Where's the outrage!
Ya know, I'm really surprised we haven't heard much from the Faith Tsarnus camp. Where's the outrage!
BBM (bolded by me)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.
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
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.