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Indian Valley Record
Greenville, California
November 23, 2011     Indian Valley Record
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November 23, 2011
 
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6A •Wednesday, Nov. 23, 2011 JUSTICE, from page 1A a man who can't speak for himself. And they have the attention of the county's criminal justice leaders. Sheriff Greg t;agwood and District Attorney David Hollister have separately traveled to Greenville on their days off to meet with the Justice 4 Jarold advo- cates. Hollister most recently met with the group Nov. 12. Hagwood made the initial Greenville visit two Weeks earlier. Hollister said that the case remains open, but there currently isn't enough evidence to file charges. "What I am bound by is the evidence in front of me. I can't speculate on what occurred. I cannot say, 'Well, this might have happened,'" Hollister told seven members of Justice 4 Jarold during the Saturday morning meeting. "What I need is reliable, admissible evidence. I don't believe there is sufficient evidence to charge this case right now." The fight According to evidence, the fight happened during a night of drinking in a wooded area about 60 yards behind the residence of 125 Bidwell St. in Greenville. On that Thursday night, Sept. 8, Hovland was found covered in blood. Deputies said when they arrived Hovland was being helped by a man who claimed he heard a disturbance and came to check it out, "The deputy says Jarold is clearly in distress," ttollister said. "His head and face are severely swollen. He's got blood and clear liquid coming out. It's very serious." The man who had rolled Hovland on his side to keep him from choking on his own blood later admitted to investigators that he was at the scene during the fight. He said he originally lied because he had a criminal record and thought he might • get in trouble. The man who was allegedly struck by Hovland admitted he fought with him. Another man admitted he was present during the fight. Those three men, Who were extensively questioned by detectives, are the only witnesses. "There are no new witnesses. Nobody who is going to pop out from behind a tree and say, 'I saw it,'" sheriff's Detective Steve Peay said. • "There's really nothing new other than if Jarold ever remembers. And I don't believe he is ever going to remember .... He might, but I doubt it." Hagwood praised Peay and his detectives for quickly conducting the investigation under challenging condi- tions. One of the three men questioned is deaf and re- quired an interpreter. And some of the men's original statements were conflicting. "At the onset of the investi- gation, the people involved were either uncooperative or dishonest, or some measure of both," Hagwood said. 'Tm very pleased with the job that Steve and his group did. Under some really, zhal- lenging circumstances and in very short order, they were able to kind of figure out the who, what, where, why and when of the entire thing, which was no small task." "He's never going to be the man he was." Mina Admire Justice 4 Jarold Justice 4 Jarold Hovland's supporters say medical evidence proves there was more than one personattacking him. "Bruising on his neck makes it appear he was choked," supporter Melanie Pellerin said. "That says it was more than one person. One person could not choke and (at the same time) deliver the kind of blows that he received. There was more than one person. That would not be self- defense. Self-defense is not three people or two people on one:" Pellerin added there was no blood on lh)vland's shoes or lower body. She said that could only mean the damag- ing blows were delivered after he was on the ground. Hollister said it's possible that two or three people could have beaten Hovland. But he said there simply isn't enough evidence to prove it. He said without proof a jury would be left to specu- late. lie said that wouldn't provide justice for anyone. "Because of the degree of this crime, we don't get to skip s.teps," tlollister told Hovland's supporters. "Do we prosecute the wrong persor because we think this is so horrible? ... Because a group really wants us to? I would suggest to you: no." No arrest "Could we have made an arrest? Possibly," Peay said. "But we didn't have all the facts at the time. Because it was questionable, we submitted it to the district attorney's office for review." The district attorney's review found that, while the information was thorough, it wasn't enough to press charges even if an arrest had been made. "I will say at the outset, I think the sheriffs office did a very good job," Hollister said. "We (in the district attor- ney's office) are a little bit different than the sheriff's office. When the sheriff's office or CHP arrests some- body, what they are deter- mining is: There is probable cause to believe a crime exists. Period. "They don't factor in potential defenses at trial. They don't have the higher trial standard of proof beyond a reasonable doubt. Those are things that we have to factor in to charge a case." Hollister said the biggest question is: Who would be charged? "As far as the case that was turned over to me, the idea that there were multiple attackers is not in the packet (from the sheriff's office)," Hollister said. "The idea that there were weapons used was not in the packet." No prejudice Hollister said he has dealt with Hovland in court many times. Hovland has been.in the county jail 10 times since 2007. Despite that criminal his- tory, Hollister said he has no hard feelings toward Hovland. "My first interaction with him, he was in custody," Hollister said. "And when judge (Ira Kaufman) was reading him his rights, Jarold says: 'Ira, this isn't my first rodeo.' I just thought that was classic. So I've had kind of a soft spot in my heart for Jarold and his approach. "The flip side of that is Jarold's past is a part of the analysis. It has to be," Hollister told Hovland's supporters. "The )ury in- structions require it. The law requires it, Jarold's got some- thing of a reputation for some level of violence. We have to factor the jury is going to hear all of Jarold's past." Hovland's recovery After nearly two months in a coma, Hovland is slowly making some strides. His friends said his brain injury is called diffuse axonal injury. Admire said Hovland "right now has the impulse control about the level of a 3- or 4-year-old." "It's tough to see this vivacious, lively, animated, quick-witted individual re- duced to a 3- or 4-year-old mentality," Admire said. "I have to tell you that going to see him was absolutely gut- wrenching and I put it off as Indian Valley Record long as I could. He's never going to be the man he was." His friends say Hovland has no memory of the events of Sept. 8. If he does eventually remember, it could impact the case. Hovland's supporters said they are trying to keep visitors from telling him what happened. They don't want Hovland to remember the events as they were told to him. They want him to eventually remember on his own. "We don't talk to Jarold about it," Admire said. "One person did and we imme- diately let him know that is unacceptable and let him know that he has probably compromised this case." The case remains open The sheriff and district attorney emphasized the im- portance of people giving them information about the case as soonas they hear it. The Justice 4 Jarold group said it plans to help Hovland get justice, no matter how long it takes. "We will continue to cam- paign for Jarold," Admire told Hollister. "It's incredible that you and Sheriff Hag- wood were both willing to take a Saturday and come to meet with us. We are so grateful. "We do understand where you are coming from. We just want to make sure you know who we are and where we are coming from. "We absolutely love this man. And we love our com- munity. Are there elements that don't belong here? Absolutely. "If we see anything, or hear anything, we will let Sheriff Hagw0od know immediately." HUMBUG, from page 1A For Maidu, there's strength in numbers, 9/17/08 Maidu: Healing the land and themselves, 9/24/08 Maidu propose to manage lands, 10/1/08 County joins Maidu in quest for social justice, 11/4/09 Maidu and Forest Service vie for same PG&E land, , 9/16/2010 DFG has plans for Humbug Valley, 12/15/2010 .00eadache-free ealth plans Ease your budget worries with Blue Shield's new low-cost plans. Ask Loft, the expert. Let me help you find the right plan to meet your needs and your budget. Call me today at [530) 283-23411 feather'£, financial -- . lax and insurance Sen4ces • Lorl Morrell Lamas Feather Financial (530)' 283-2341 20A Crescent Street Across from Morning Thunder Quincy, CA 95971 taxandinsuronce@ool.com www.feot her financial.cam /VJfhlzed 8taker blue W,of california Blue Shleld of Callfomla Life & Health Insurance Company Health plans and insurance California license no. 0b06912 @ 2008 Blue Shleld of Callfornia, an Independent Licensee of the Blue' Shield Assoclotion . r904314108) T90,13l 0408 Plumas DISTRICT HOSPITAL Krista Davis, Outpatient Services/Telemedicine Coordinator Kdsta has taken futt ownership of her job as a Tetemedicine Coordinator and does an excellent job at organizing an perfecting aft details associated with it. She has also played an enormous role in applying for and helping to obtain a Tetemedicine grant worth sever- at hundred dollars that writ take that program to a new level She is project managing the imptemedtation of that and our new Health Information System with great enthusiasm. In addition, she is also stiU performing her bitting/coding duties and mentoring Jennifer Stites in order to help her perform at a higher [eve[. Krista can also perform nursing assistant duties when catted upon as wet[ as front office tasks, appointment scheduling, and outpatient coordination. She is consis- tently a go-to person for a variety of questions. Her expertise is essen- tiat, valued, and very much appreciated. Congratulations Krista DavisI Plumas-District Hospital Employee of the Month of November 2011 A banner is spread for a 2008 Maidu Summit meeting in the Yellow Creek Campground of Humbug Valley, where about 2,000 acres of land is up for donation through the Stewardship Council. Photo by Alicia Knadler JAILED, from page 1A b'oth parents and kids of prescription drug abuse." Hollister said Maughan gave the boy 30 pills commonly used to treat anxiety. The drug is marketed under the trade name Klonopin. He said the boy was supposed to sell the drugs, most likely to schoolmates. However, for reasons unknown, the boy became distraught and ingested all 30 pills in an apparent suicide attempt sometime during the evening of Monday, Nov. 14. The boy's mother found him at his residence shortly after 7 a.m. the following day. He was flown to Renown, where he remains. Maughan was arrested at 10 a.m. Tuesday, Nov. 15. At the district attorney's request, Maughan's bail was raised to $80,000 during her Thursday, Nov. 17, court appearance. She is scheduled to return to court Wednesday, Nov. 23, for a pre-trial conference. Maughan is being held in the Plumas County Jail. i I i I i I 258-2022 i l ' 118-C Watson Road, Chester Ii 00ii,, ........... .... 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