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Feather River Bulletin
Quincy, California
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February 12, 2014     Feather River Bulletin
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February 12, 2014
 

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Feather River Bulletin Wednesday, Feb. 12, 2014 5A JUSTIFIED, from page 4A A violent struggle Nurse I said that is when Mauro opened the door and "bull-rushed" the deputy. Klundby grabbed the charging Mauro by the front of the shirt and threw him to the ground. Klundby said Mauro went to his hands and knees and he jumped on Mauro's back. Nurse I said Klundby was trying to put handcuffs on Mauro. Klundby kneed Mauro in the rear end and Mauro went down on his stomach. Klundby tried to use his weight to keep Mauro down but said Mauro "was just doing pushups" with the deputy on his back. He tried to knock Mauro's arm outward, but Mauro just got back up. After Mauro made it to his knees again, Klundby took him to the ground again but couldn't contain him. Mauro again got up and Klundby pushed him into the bathing room area and fell on top of Mauro. Mauro managed to unholster Klundby's Taser and pointed it at Klundby's face. The deputy grabbed the weapon and pointed it at Mauro's face. During a battle of strength over the Taser, Klundby said he could see Mauro was trying to release the Taser's safety switch. Klundby said he pushed on the Taser and it broke in half, causing the battery to fall out. When Mauro realized the Taser was broken, he said to Klundby "you son of a bitch" and the fight continued. Klundby said he managed to get himself upright: With one knee on Mauro's back, he attempted to call for help on his radio. But he wasn't sure if the transmission had gone out. Mauro was able to get back to his feet and the two struggling men ended up in the nurses' station. Klundby said that since Mauro had already tried to use his Taser; and because of the nature of the violence involved, he again threw Mauro to the ground. Again, the deputy wasn't able to restrain Maur0. Klundby said he was now concerned for the safety of the nurses and any patients who might be in the nearby long-term care wing. So he stood up, removed his baton . and told Mauro that if he didn't get to the ground he was going to hit him. He said Mauro looked him in the eyes and said, "go ahead." Klundby struck Mauro's shin as hard as he could. But the blow had no effect. Nurse i told Klundby that Mauro had knee braces on his legs and the baton wouldn't stop him. Nurse 1 said Klundby then struck Mauro in the torso and upper body below the head. The deputy didn't recall the upper-body blows during his statement. Mauro moved toward the ,. door leading from the nurses' station to the lobby. Klundby grabbed him and they "busted" through the doors with the deputy again landing on top of Mauro. Klundby said he decided to get rid of the baton because it was a hindrance and he couldn't use both hands. The deputy threw the baton toward the doors they had just come through. But Klundby said the door was closing and the baton bounced off the door and back toward them. At that point, Klundby said he heard "what sounded like a cannon going off." Mauro had his hand on the deputy's gun and holster. Klundby said he reached down and trapped Mauro's hand. As he was trying to peel Mauro's hand of the gun, Mauro said "I'm gonna get you mother (expletive)." Klundby said he pulled Mauro's hand off the gun and stood up, drawing the weapon from its holster. Mauro managed to pick up the baton that had bounced off the closing door. The two were standing face to face, Klundby holding the gun and Mauro the baton. The shooting Klundby said he pointed his gun at Mauro and ordered him to "put down the baton or I'm gonna shoot you." The deputy said Mauro just looked at him, so he pulled the trigger. The gun made a "click" sound but didn't fire. Klundby then realized that during the struggle Mauro had ejected the gun's magazine. Mauro said, "I (expletive)-up your (expletive) mother (expletive)." As Klundby put another magazine in the weapon, Mauro started heading for the front exit door. "Mariano, stop," Klundby said. "Put the baton down, get on your face or I'm gonna shoot you." Klundby said Mauro turned and swung the baton at his face. The deputy was able to step back and the baton missed his face by about 8 inches. Mauro did a 180-degree turn. Klundby said he wasn't sure if Mauro's turn was caused by the momentum from swinging the baton or if he was turning to head out the door. The deputy said he fired three shots (the autopsy showed Mauro was stuck with four bullets), and Mauro fell face down in between the two glass doors. Suspect down Klundby immediately holstered his weapon and placed Mauro in handcuffs. He then radioed "shots fired, suspect down." He said he roiled Mauro over onto his back and started yelling for help. One of the nurses called for an ambulance. ER Doctor arrived and at 1:20 a.m. checked Mauro for signs of life. The doctor said, "You can cancel the ambulance, he is gone." Nurse I said Klundby looked pale and appeared to be dazed. The decision to shoot When an investigator asked Klundby if he thought he should have done anything different, the deputy said "no." When asked why he discharged his weapon, Klundby said he was in fear for his life. And he was afraid that because Mauro was so enraged, if he got away with the baton other people would be in danger. Klundby said he was also afraid that if Mauro was able to overpower him, others in the hospital would be in danger. Previous encounters Klundby told investigators that he had dealt with Mauro numerous times while on duty. He said many of the encounters involved Mauro complaining that someone had stolen his marijuana. Klundby said he had never seen Mauro in this frame of mind. Klundby said other deputies have dealt with Mauro. He said the encounters were usually because Mauro lost his medications or was trying to get medications. He said Mauro had a reputation of being very strong, and that when he gets mad he "loses his mind" and does not think straight. RESPONSE, from page 1A Settlemire said the response he drafted for the board explained that the supervisors weren't required to reopen the public hearing because changes made to the general plan after the hearing was closed were not deemed "substantial." The board held a public hearing on the general plan Nov. 12, 2013, closed the public comment portion of the hearing, but continued the hearing to Dec. 17, 2013. The public was not allowed to comment during the Dec. 17 meeting. Members of the group maintain that because changes were made, their rights were violated. Kennedy asked the group to comment first. "You always want us to speak first," said Todd Anderson. "Then you get the last say." Anderson reiterated what the group set forth in its letter: the public should have been able to comment on the changes. "If you reject it, Supervisor Kennedy, we will present evidence in a court of law," Anderson said. Anderson also accused Planning Director Randy Wilson of providing information that he considered "a direct lie." "Let's stick to the agenda item," Kennedy responded, and then added that the changes made to the general plan were not significant. Settlemire saidthat the county's expert legal counsel, Jim Moose, determined that the changes "were not significant enough to recirculate the EIR (environmental impact "Lots of people give us advice. I don't just do what the attorney says" Sherrie Thrall Supervisor report)." Anderson told the supervisors that both Settlemire and Moose were being paid to "have an opinion in your favor." "We also get paid for having opinions," Kennedy told Anderson. Supervisor Sherrie Thrall said that she has disagreed with county counsel on some issues. "Lots of people give us advice," Thrall said. "I don't just do what the attorney says." Rhonda Perkins, one of the signers to the document, said that she believed the general plan process was a predetermined conclusion. "This is Agenda 21," she told the board. Kennedy said that he realized some of those in the audience were newcomers to a process that had been going on for years. "The reason you have to close off the public comment is someone could filibuster this for years," he said. He went on to say,/'This doesn't mean that the world is over," and explained that it's a living document that can be changed. Larry Douglas, a regular board observer, defended the supervisors. "This has been going on for seven years," he said and noted there had been numerous opportunities for the public to speak. Dan Bailey, who recently became a resident of Plumas County, spoke last for the group. Bailey addressed the role of county counsel and questioned why he was sitting at the table with the supervisors. "He's not a board member; he's auxiliary," Bailey said and suggested that he should be sitting in the audience instead. Bailey also reiterated the changes that were made to the general plan and the board's obligation to reopen the process. When he concluded his remarks, Kennedy said, "It's not inappropriate to have this man sitting here," referring to Settlemire. "Did you research that?" Bailey challenged. "Yes," Kennedy said. Bailey also accused the supervisors of violating the Brown Act. "You, as individuals, violated the law," he said. "We live and breathe the Brown Act," Kennedy responded. "I don't think you do," Bailey concluded. Supervisor Thrall then made the motion to adopt the response presented by the county counsel. The board voted unanimously to adopt the response, which concluded with the following: "Notice is hereby given pursuant to subdivision (c) (2) of Government Code section 54960.1 of the Plumas County Board of Supervisors' decision to not cure or correct the challenged actions taken on November 12, 2013, and/or December 17, 2013, as demanded in your 'Notice and Opportunity to Cure' dated January 16, 2014." Q, from page 1A Saturday: Waffle breakfast, 8 - 11 a.m., Feather River Grange 440 at. 55 Main.St. Waffles, scrambled eggs, bacon or sausage, beverage for $6. All proceeds support Grange efforts to restore building as community meeting center. Partner Yoga Workshop, 10 a.m. - 12:30 p.m., Quincy Yoga and Wellness Center in the Plumas Pines Shopping Center. Students connect with loved ones Jn playful practice emphasizing trust communication, balance, breath, support. No experience required. $35 per couple before Feb. 12; $45 per couple after Feb. 12. t To register: dfragnoli@sbc global.net, 283-2241. Tuesday: Interview Skills: Ace The Interview, 10 a.m. - noon; Business and Careerletwork office in Courthouse Annex at 270 County Hospital Road. Free workshop presented by Alliance for Workforce Development. 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