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Quincy, California
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May 2, 2001     Feather River Bulletin
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May 2, 2001
 

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4A Wednesday, May 2, 2001 Court News I I II By Dave Keller The issue was under consid- Staff Wnter eration for many weeks, tea- Stolen credit cards and a turing a series of legal filings shotgun possessed by accused by Hilde and Cuban and testi- killer Rain Dancer Dickey- mony from several Utah law O'Brien will be allowed to be enforcement officers, who de- used as evidence at trial, a tailed the events that sur- Plumas County judge ruled rounded the arrest of Dickey- last week. O'Brien at a remote Utah Janet Hilde, the defendant's campground. attorney, argued that the cred- it cards and shotgun were Almlmer frilling seized by law enforcement oft-l- The defendant is suspected cials as a result of an illicit in the January 2000 shotgun search, slaying of Westwood's Jerry - But Superior Court Judge Levitoff, a U.S. Forest Service Ira R. Kaufman disagreed with worker who was killed near the lawyer. Lake Almanor. Kaufman's decision was A few days later, Dickey- hardly a surprise, since he had O'Brien was arrested when of- previously hinted he would de- ficials found Levitoffs stolen ny the defense motion, credit cards during a search of Still, it dealt a blow to the de- the suspect's vehicle. fendant's chances of lessening That resulted in the seizure the amount of evidence that of a shotgun, which matches Deputy District Attorney Jeff the weapon used to kill Lev- Cunan will have in his favor itoff. when Dickey-O'Brien faces a The weapon was taken be- jury later this year. fore a search warrant was ob- t was in plain view and Judge Ira Kaufman tained for reasons of officer safety, law enforcement offi- cials contend. But Hilde argued that the seizure of the credit cards and the shotgun were not allowed under the law. The attorney contended that, when the cards were seized, they were not in plain sight nor had officials obtained con- sent from Dickey-O'Brien. But Kaufman saw it differ- ently when he announced his decision April 25. Consent given The judge said he believes that, based on the testimony that was offered by law en- forcement personnel, Dickey O'Brien gave consent for a search of his vehicle. The vehicle contained the stolen credit cards until Dick- ey-O'Brien removed them and tried to hide them in his hands, Kaufman said. Besides, Kaufman said, law enforcement had a reasonable suspicion that Dickey-O'Brien possessed the stolen credit cards because a card had been used a day earlier at a nearby business. "It was in plain view and rea- sonably seizable," Kaufman But Cunan said. that officer The issue over the shotgun issue" because the was more of a challenge, the eredted in a judge said. area that Hilde questioned whether second suspect the shotgun was in plain view through because the tent that contained While the the weapon was observed at pects' rights to be least five occasions before the the courts do not firearm was discovered, cers to be put More importantly, Hilde said. said, there did not appear to be Besides, he said, any serious officer safety con- was obtained and cerns that required the seizure the tent as a of the gun before a search war- "There were verY r rant was obtained, officer safety said. Easily guarded Kaufman agreed! The attorney contended that prosecutor, the tent could have been easily search was guarded by police to make sure enforcement's a second suspect, who officers time that a believed was possibly hiding possibly at large. in the woods, did not enter the The judge called tent and get the shotgun, of the shotgun The contention of"officer sonable." safety just doesn't work here," Hilde said. I I By Dave Keller the Plumas County District At- bled that Spliethoff "basically Staff Writer torney, was scheduled to be chose to shine on" the inter- Herman Spliethoff of Indian sentenced April 26. view. Valley was remanded into cus-But the sentencing was de- Spliethoffs attorney, Janet tody last week after a judge layed by Superior Court Judge Hilde, argued that her client ruled that the defendant failed Ira R. Kaufman until May 29 made an effort to cooperate to meet with a probation off'z- when he found out that Spli-with probation officer Ken cer in a timely manner, ethoff failed to meet with the Holtgrewe. Spliethoff, who was convict- probation department for a Hilde said Spliethoffdid visit ed of felony elder abuse presentencinginterview, the probation department on through a plea bargain with Kaufman said he was trou- the day he entered into the plea agreement, quire a new sentencing date,to a year in jail Hilde said Spliethoff also the judge said. Kaufman saidrationsto called probation ot~mials in an he was "not very ecstatic" If the defendant attempt to work it out. about the delay, terms of In addition, the attorney said Under the plea arrangement, be sent Spliethoff eventually did hook Spliethoff will be sentenced to prison for a up with Holtgrewe the day be- state prison, but the execution years. fore the sentencing hearing,of the sentence will be sus-He is accused of The problem with waiting pended, about $100,000 until the day before the hear- As a result, Spliethoff will be Greenville woman. ing was that it was going to re- placed on probation, serve up l Susanville mill is confident there are no serious.violations By Sam WUlimms Staff Writer Emissions from the Sierra Pacific Industries mill in Su- sanville is the subject of a gov- ernment investigation. Specifzc details of what SPI called an "ongoing govern- ment investigation concerning opacity emissions" were not made public. Bob Ellery, SPI's director of energy resources issued a brief written statement April 27 regarding the investigation a Title V permit. Smith said the state investi- gators "took it out of our hands." Smith declined to dis- cuss the investigation and re- ferred the Times to the Cali- fornia Air Resources Board and the Lassen County Dis- trict Attorney's Office. Officials at CARB said it was their policy not to comment on ongoing investigations. Robert Burns, Lassen Coun- ty's district attorney, said he would neither confirm nor de- tnto ~ ,opacit~f~f~l~ ~Yl;~at'~ inve, stig~ missien, that is,tke ~it~ 'u~rw~y. Burns ~I~ t~~ ~f visible particulate emis- Times the district attorney's ~i6hs+. ..... "issue a press release at the Ken Smith, Lassen County's appropriate time" if the office air pollution control officer had any information to dis- said state investigators who close regarding the investiga- launched the investigation tion. had not included the Lassen Despite acknowledging the County Air Pollution Control government investigation, District, which issued the mill Ellery's statement was upbeat. FEATHE ER Published: Every Wednesday morning by Feather Publishing Co., Inc. Office Location and hours: 555 W. Main St., Quincy, CA 95971. Mailing address: p.o. Box B, Quincy, CA 95971. Office is open Mon.-Fd., 8 a.m. to 5 p.m. HOW to contact us: All departments: (530) 283-0800. FAX: (530) 283-3952. E-Mail plumaspub@aol.com Web Page http://www.plumasnews.com Ownership and Heritage: The Bulletin was established Aug. 11, 1866, as the Plumas National (later changed to Plumas National Bulletin, May 16, 1892) subsequently changed to its present name May 7, 1931, which merged with the Plumas Independent (1892-1945) on June 7, 1945. Published weekly. It is part of the Feather Publishing family of newspapers serving Plumas and Lassen counties. Deadlines: Display Advertising: Thursday 4 p.m. Display Classified: Thursday, 3 p.m. Classified: Monday 10 a.m. News: Fridays, 3 p.m. Legals: Thursday 4 p.m. Breaking news: Anytimel To Subscribe: Call (530) 283-0800 or come to the Bulletin office, or use the handy coupon below, or send e-mail to plumaspub@aoLcom Adjudication: The Feather River Bulletin is adjudicated a legal newspa- per by Superior Court Decree No. 4644 (1953) and qualified for publication of matters required by law to be published in a newspaper, Postal Service: USPS No. 188-550. pe~kx~icals postage paid at Quincy, CA. Postmaster: Send change of address orders to the Feather River Bulletin, P.O. Box B, Quincy, CA 95971. Michael C. Taborskl Publisher Kevln Mallow Jenette Meneely Assistant to the Publisher News Proofreader, Kid's Page Editor Debra Coates Tom Forney Managing Editor Production Manager Diane Kleine Cobey Brown Circulation & Classified Ad Manager Print Shop Manager Sherd McConnell Pat Whitcomb Display Advertising Manager BookJ~eeper Keri Taborski Eva Small Legal Advertising Department Composing Manager I Subscription Order Form I I Feather River Bulletin I I P.O. Box B, Quincy, CA 95971 I I I I ____ I I Q s I I Q cJ, mp y I I .... I I I I Add,'=' I I I I c.y, s,,t,, Zip I I I eu niululnmwlniJSluinnllnnlimmnn "We believe that when all ofing. We have agreed to meet the facts are on the table there with them and are in the will be no serious violations process of preparing for that with respect to the Susanville meeting. We take that request plant," Ellery wrote. "The gov- seriously and we are diligently ernment has not filed any for- preparing for that meeting. Of mal charges and no fines have course we intend to cooperate been levied or paid. The gov- fully in any government inves- ernment has asked for a meet- tigation." Country Burger May is National Sarbeque o l Beef Sandw[Chmeat with homemadeSpeclal~ Our hickory-smoked ~_~ barbeque sauce on a sub roll. ~:: ~i~llm Choice of regular, beer ~ batter or curly fries :~ ~jJ and large drink. ~ [~ Lindan & Main, Quincy 8jmm AND NURSERY FARMS "Home of the Sodfather" Local family farming since 1978 Premium quality blends most suitable for your area Call for our complete "how to" brochure or Call us toll free with any questions. By Dave Keller count of drunk Staff Writer Them )son, 20, a Hashim Cooper and Chris Angeles Thompson, two team members central figure on who played for the Feather this past season, River College basketball team charged with one that went to the state playoffs, glary and with have been arrested in connec- tion. tion with a commercial bur- According to glary to a Quincy business. Gardner, witnesses Cooper, 19, considered the Cooper and best player to come out of Her- a Quincy market long High School in Lassen four bottles County, has been charged with paying for them. one count of burglary and one rmmmmmm I I I I I I I ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! 1_ ,,... mm mmmmmmmmmmm mmmmm an, also taking an additional on any Pizza or Calzone CALL.IN 283-5619 1770 E. Main Quincy (Across from Napa Auto Parts) I III III Ill iii iii Iii iii !11 | i m m I ii iim TOLL FREE (800) 532-6200 ~r~~3 hlnscientius, hard-working lady. She REN0, NEVADA attitude and pout Where she sees the need. 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