Community YOUR HEALTH sports digest Tuesday Striving for Imperfection ...................................Page 3 .............Page 6 Aug. 12, 2008 INSIDE Mendocino County’s World briefly The Ukiah local newspaper ..........Page 2 Wednesday: Sunny and hot; H 101º L55º 7 58551 69301 0 Thursday: Mostly sunny; H 104º L 56º 50 cents tax included DAILY JOURNAL ukiahdailyjournal.com 16 pages, Volume 150 Number 125 email: [email protected] Briseno court case ends in acquittal on battery charges By BEN BROWN The Daily Journal One man arrested on charges on assault and drug charges in what police called a gang related assault in March has been acquitted by a jury and his codefendant has plead guilty to mis- demeanor charges. On July 28, Robert Briseno was found not guilty on two counts of battery by a Mendocino County jury, four months after his arrest. Briseno and Jesus Martinez were arrested in April on suspi- cion of assault with a deadly weapon, participation in a crimi- nal street gang and conspiracy following a fight in the parking lot of Lucky’s grocery store on Perkins Street in late March. During a search of the homes of Martinez and Briseno, offi- cers also found marijuana plants and charged them with pos- session as well. Briseno said the fight at Lucky’s did not occur the way Ukiah Police Department officers reported it. Briseno said he had gone into Lucky’s to pick up some groceries when he ran into Jose and Arnulfo Barajas. Briseno said the two men made threatening gestures at him and then tried to pick a fight with him in the parking lot. “They started a fight with me,” Briseno said. Briseno said Martinez got involved to try and pull one of the two men off Briseno’s back, at which point Martinez was attacked. Both Briseno and Martinez left the parking lot after the fight, before UPD officers arrived. Briseno said there were no weapons involved in the fight and that surveillance tapes from Lucky’s did not show any weapon. “It was a regular fistfight,” he said. Briseno was acquitted on the battery charges, the only ones he was eventually tried on, but said he is still facing charges for Ben Brown/The Daily Journal Rebecca Kress of the Russian River Clean-up holds open a gate that a homeless camper built across a trail the marijuana he had in his home. Briseno said he expects to along the Russian River north of Talmage Road to keep people out of his camp. Kress said the river banks are have those charges dropped as he had a valid medical marijua- now threatened with increased erosion due to the trees campers cut down to make the fence and gate. na recommendation and card and was within the legal limits when he was arrested. According to reports from UPD, Briseno had 80 plants in his house during his arrest. Though his co-defendant was acquitted, and he contends that he did not do what he was accused of, Martinez chose to plead Campers ousted from to one count of misdemeanor battery in order to avoid trial. Martinez said he has a lengthy criminal record which includes a “strike” charge under California’s “three strikes” law and could have faced up to 14-years in prison if convicted. “I wasn’t going to take that chance,” he said. “I’m not doing 14-years for trying to break up a fight,” Talmage Road Bridge As a part of his deal, prosecutors also dropped the marijua- na charges against Martinez, contingent on his giving up the By BEN BROWN marijuana that was seized from his apartment. The Daily Journal Martinez was given credit for time served and sentenced to A sign bolted to the two-years probation and a fine. Talmage Road Bridge over the Ben Brown can be reached at [email protected] Russian River reads NO CAMPING in large red let- ters, but spread up and down both banks are numerous camps that Mendocino NWS: Hot weather County Sheriff’s Deputies have to evict illegal campers from every year. expected this week “Every winter, spring, sum- The Daily Journal the high pressure system is mer and fall,” said Sheriff’s Temperatures in Deputy Derek Paoli expected to sit arrive in force Mendocino County are on Wednesday and stay Paoli patrolled the banks expected to rise to over 100 with his partner Monday, through at least Friday, degrees this week due to a A weak system is predicted moving people along, inform- high-pressure system that has ing them of publicly available to punch through later in the settled over the county. week but is expected to have services and leaving notes for Today’s temperatures are those who aren’t around on limited effect. expected to reach the mid 90s, So far, the NWS has issued the backs of business cards. rising over 100 degrees for the “We’re getting cleaned up, no heat or fire warnings, but rest of the week. Overnight county residents are cautioned were getting out of here,” said temperatures are expected to one man as he passed Paoli Michael, who refused to give his last name, takes one last drink before backing up to be careful due to the gener- be in the high 50s. ally dry conditions and recent carrying a large bag. “We’re his camp along the Russian River and moving on. He said he didn’t know he was- According to reports from not bad people.” n’t allowed to camp there. the National Weather Service, wildfires. “I know,” Paoli replied. homeless campers if they Paoli said deputies general- needed help and mentioned ly ask people to leave but the services available in Ukiah rarely if ever make any to the homeless. Most said arrests. they would figure something Ashes joins “We warn them and give out. them a chance to vacate,” he “I wish these people would said. use our services,” Paoli said The banks of the Russian after one such conversation. Brooktrails FD River near the Talmage Road Paoli said sheriff’s deputies By LINDA WILLIAMS Eddie, the Fire Dog, Bridge are private property would return Monday night to and camping on them without The Willits News Schoeppner’s previous arson check on the people they left Ashes, a 7-week-old dog partner, died in May this permission is prosecutable as notes for and encourage any- trespass. The landowners chocolate Labrador Retriever, year following a short illness. one left to move along. has joined the Brooktrails Fire When Eddie retired from called the Sheriff’s Office and Once the campers are gone, asked that the campers be Department. Fire Chief Daryl active service in April, he was the job of clean-up will fall to Schoeppner picked up the ball one of only 100 trained arson moved along. Russian River Clean-Up. Like many of the campers of fur Friday, August 1. dogs in the country and pro- Organizer Rebecca Kress said “I thought having a canine vided investigative support to Victoria Monroe and Michael, many of the camps are full of who would not give a last partner was a once in a life- Lake, Sonoma and garbage that would have to be time experience for me,” says Mendocino County fire name, said they had no idea it removed. was illegal to camp along the Schoeppner. “But, I decided scenes. “This place was so clean not to waste the years of train- It will take years for Ashes banks of the river. last year,” she lamented dur- “It was the river, you know, ing I have already taken, and to develop into a trained ing her tour. we need a trained dog in the “nose” but she has already we thought it would be okay,” Many of the camps had Michael said. A sign bolted to the Talmage Road Bridge over the region.” The community has begun her training, starting Paoli asked several the Russian River reads NO CAMPING yards from sever- also been very supportive of See CAMP, Page 16 al campsites. the canine program. See ASHES, Page 16 2 – TUESDAY, AUG. 12, 2008 DAILY DIGEST Editor: Richard Rosier, 468-3520 The Ukiah Daily Journal [email protected] After race for the Mich. attorney Whitmore declined to name the woman that Panettiere is accused of hitting, but said she ages, Michael Phelps has general’s office says reported to deputies that he struck the woman The world briefly another piece of unfinished Detroit mayor violated three times with an open hand. business from 2004 bail terms in other case Whitmore said detectives would not release Russian forces drive a mug shot of Panettiere. BEIJING (AP) -- Michael Phelps is taking DETROIT (AP) -- A prosecutor on Monday Los Angeles court records do not indicate deeper into Georgia, care of all unfinished business while he pur- accused Mayor Kwame Kilpatrick of violating any prior charges for the 49-year-old father of beyond disputed provinces; sues Olympic history. Next up: the 200-meter his bond in an assault case by spending time Hayden Panettiere, who plays Claire Bennett freestyle, one of two gold medals that eluded over the weekend with his sister, one of 11 wit- on NBC’s hit show, “Heroes.” Bush urges cease-fire him four years ago in Athens. nesses listed by authorities. A phone message left with Hayden ZUGDIDI, Georgia (AP) -- Russian tanks The other was the 400 freestyle relay, which Kilpatrick and Ayanna Kilpatrick were Panettiere’s publicist was not immediately roared deep into Georgia on Monday, launch- was avenged Monday with Phelps getting gold together at their mother’s house Saturday, a returned Monday.