SANTA ROSA (CBS SF) – Sonoma County Sheriff Rob Giordano Thursday challenged implications that a Sonoma Valley man who was arrested for arson over the weekend could be responsible for some of the fires that have been burning in the North Bay since Oct. 8.
to a press release issued Wednesday by Thomas Homan, the Acting Director of the federal Immigration and Customs Enforcement about Jesus Fabian Gonzalez.
Giordano said the press release was “inaccurate, inflammatory and damages the relationship we have with our community.”
On Sunday, the sheriff’s office arrested Gonzalez, 48, for felony arson, which occurred at Maxwell Farms Regional Park in the Sonoma Valley where Gonzales was sleeping, Giordano said. Deputies recognized Gonzalez who told the deputies he lit the fire to keep warm.
Gonzalez is being held in the Sonoma County Jail under $100,000 bail on the arson charge and under $100,000 bail for a misdemeanor drug related warrant from Ventura County, Giordano said.
He was arraigned Wednesday in jail and his next court date has not been set. The Sonoma County Superior Court is closed until Monday because of the fires.
WINE COUNTRY WILDFIRES: Continuing Coverage
ICE sent a request on Oct. 16 to detain Gonzalez for 48 hours past his scheduled release date from the jail, but the detainer was not signed by a judge and the sheriff’s office could not legally honor it, Giordano said.
ICE spokesman James Schwab said Wednesday ICE filed an administrative detainer to hold Gonzalez, but Giordano said administrative detainers are considered unreasonable search and seizure in violation of the Fourth Amendment.
“ICE has the ability to obtain a warrant for anyone they are interested in like we do everyday in this county. If ICE obtains a warrant I can legally hold the person and would be happy to do so,” Giordano said.
Gonzalez will remain in the Sonoma County Jail until his arson case is adjudicated and Ventura County will then prosecute Gonzalez, Giordano said.
In his press release, ICE Acting Director Homan said, “Once again, a non-cooperative jurisdiction has left their community vulnerable to dangerous individuals and preventable crimes.”
Homan also said ICE lodged detainers against Gonzalez after four arrests on felony and misdemeanor charges in Sonoma County, and ICE was never notified about Gonzalez’s various releases from custody. He also said Gonzalez returned to Mexico twice.
“The residents of Sonoma County, and the state of California deserve better than policies that expose them to avoidable dangers,” Homan said.
“Non-cooperation policies – now enshrined in California state law – ensure only one thing: criminals who would otherwise be deported will be released and left free to re-offend as they please,” Homan said.
While Homan did not specifically say Gonzalez is suspected of starting any fires in the Bay Area, as reported in some media, he said the sheriff’s office’s action “is especially troubling in light of the massive wildfires already devastating the region.”
Giordano said Cal Fire is investigating the cause of the Tubbs Fire, which has caused 23 deaths in Sonoma County, and other fires in the North Bay.
“There is no indication that Gonzalez had anything to do with these fires and it appears highly unlikely,” Giordano said.
“ICE attacked the Sheriff’s Office in the midst of the largest natural disaster this county has even experienced,” Giordano said in his press release.
“ICE’s misleading statement stirs fear in some of our community members who are already exhausted and scared,” Giordano said.
The Sheriff said he will work with ICE cooperatively and within the sheriff’s office’s policy and the law.
“Despite ICE’s misleading statement, we will continue to protect and serve our community members with the strength and compassion they deserve. I hope to end this senseless public confrontation with these facts so that I may focus on the fire recovery,” Giordano said.
© Copyright 2017 by CBS San Francisco and Bay City News Service. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Police say a 19-year-old Waterloo woman has been arrested in connection to the death of 73-year-old Bernard Gallant.
In September, Caissie pleaded guilty to second-degree murder in the 14-year-old's death.
CHICAGO (CBS) —
A longtime Ford assembly plant employee and her son were shot and killed in Calumet City on Wednesday, the shooter is still on the loose, and their family looking for answers.
Police responding to a call of shots fired around 3 p.m. Wednesday near State Street and Freeland Avenue in Calumet City found Seretse Robinson, 48, and Leon Perry, 19, inside a car that had rolled onto the sidewalk.
Robinson was taken to Franciscan Health in Hammond, Indiana, where she died about a half hour later. Perry was taken to Advocate Christ Medical Center in Oak Lawn, where he was pronounced dead at 6:33 p.m.
“It’s just hard to describe how much we’re going to miss her, because she was the glue that kept our family together,” said Robinson’s sister, Adele Marie Coldman. “I dont’ know what we’re going to do about the holidays without her. Just thinking that far ahead, it’s painful.”
Coldman also said her nephew will be “sorely missed.”
“Him and his mother were two of a kind. They couldn’t live without each other,” she said.
Robinson worked at the Ford assembly plant in Chicago for more than 25 years. She was shot about a mile away from work.
United Auto Workers Local 551 described her as “loving, funny, and caring.”
“She would quite often go out of her way to help anyone or just simply say something to cheer you up,” the union wrote in a Facebook post.
No one was in custody Friday morning.
Calgary police are investigating a shooting that happened in the city's downtown core on Friday.
CHICAGO (CBS) —
A 24-year-old man was charged with attacking and robbing a 70-year-old man in August in the Lakeview neighborhood on the North Side.
Karon Cannon allegedly approached the man about 6 p.m. Aug. 7 near the Red Line station in the 3900 block of North Sheridan and punched him in the face, knocking him to the ground, according to Chicago Police.
Cannon then allegedly struck the man with a “dangerous weapon,” stole the man’s personal belongings and ran away, police said.
The man was treated for head injuries at Illinois Masonic Medical Center, police said.
Karon Cannon (Source: Chicago Police)
Cannon was taken into custody about 9:20 p.m. Oct. 18 in the 1300 block of West Roosevelt, police said. He was positively identified from surveillance video as the robber and charged with felony counts of armed robbery – other dangerous weapon and aggravated battery causing great bodily harm.
Cannon, of the Near West Side, was expected to appear in bond court on Friday.
(Source: Sun-Times Media Wire © Chicago Sun-Times 2017. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)
A suspect is in custody following a fatal stabbing at an apartment building in Thorncliffe Park overnight.
Armed with a search warrant, police returned to the home and arrested two women in the driveway on Barbican Trail.
Black inmates spent longer behind bars awaiting trial than white people charged with many of the same categories of crimes in each of the past five years.
SAN FRANCISCO (CBS SF) — A lawyer for a sex workers’ advocacy group asked a federal appeals court in San Francisco Thursday to overturn a 145-year-old California law that criminalizes prostitution.
“I believe people in this country have the right to act this way and to make a living this way,” attorney Louis Sirkin told a three-judge panel of the United States Court of Appeals for the Ninth Circuit.
A session of the 9th U.S. Circuit Court of Appeals in San Francisco. (Image via YouTube video released by the Court)
Sirkin, a First Amendment free-speech attorney from Cincinnati, represents the San Francisco-based Erotic Service Provider Legal, Educational and Research Project in a federal lawsuit filed in 2015 to challenge the law.
The plaintiffs also include three unidentified former prostitutes and a disabled man who says he wants to be a respectful client of erotic services.
They claim the law, first enacted in 1872 and amended since then, violates their constitutional due process right to liberty and their right to free speech.
They are appealing a ruling in which U.S. District Judge Jeffrey White of Oakland dismissed the case last year.
The appeals panel took the case under submission after hearing about 30 minutes of arguments. It has no deadline for issuing a ruling.
Circuit Judge Carlos Bea closely questioned both sides.
“Why is it illegal to sell something that it’s legal to give away?” he asked Deputy California Attorney General Sharon O’Grady.
O’Grady, defending the law, argued that the Legislature had a rational basis for criminalizing commercial sex to deter violence against women, sex trafficking, drug use and transmission of sexual diseases.
Bea also questioned Sirkin when he sought to cite a landmark U.S.
Supreme Court gay-rights ruling, Lawrence v. Texas of 2003, as support for the appeal.
In the Lawrence case, the court by a 6-3 vote struck down a Texas sodomy law, saying that consensual sexual conduct was part of the “personal and private life of the individual” protected by the due process liberty right.
Bea asked, “What is the interest protected by due process? The conduct or the relationship?”
“I believe it is the conduct. We have voluntary individuals who want to engage in sexual activity,” Sirkin answered.
Judge Jane Restani, a visiting U.S. Court of International Trade judge temporarily assigned to the appeals court, suggested that the Lawrence decision concerned “how to conduct private lives” rather than brief sexual encounters.
O’Grady said, “The state is not telling anyone who they can sleep with,” but argued that banning commercial sex is “an easy place to draw the line” to protect against violence, drug use and trafficking.
The state attorney noted that prostitution is illegal in all states, except some Nevada counties, and said it is up to the Legislature to make any changes in the law.