In a previous interview, Humboldt County District Attorney Paul Gallegos said the case against Blue Lake Police Chief David Gundersen “(is) a bigger case than we thought,” and he meant it.
Gundersen’s preliminary hearing was scheduled for Wednesday in the Humboldt County Courthouse in Superior Court, but Gallegos walked in and slapped the defendant with four more accusations.
Superior Court Judge John T. Feeney filed the amended complaint, which reflected the new accusations in addition to 12 felony counts of spousal rape with an intoxicating or anesthetic substance, one felony count of dissuading or preventing a witness or victim from testifying, possession of a controlled substance without a prescription and willful disobedience of the terms of a court process or court order.
Gundersen’s attorney — Russell J. Clanton of the Arcata-based firm, Russell J. Clanton & Associates — said he received a fax of the new complaint on Tuesday.
However, he requested the preliminary hearing be continued until Monday to give him time to review the accusations. The hearing is scheduled for Monday at 8:30 a.m.
Gundersen — who has been in custody for nearly three weeks — did not waive his right to a speedy trial.
Feeney made use of the appearances by both parties and arraigned the chief on the four new charges.
They include one felony count of allegedly using a firearm to kidnap or carry away an alleged victim for the purpose of rape around March 7, 1999 — an alleged violation of California Penal Code 209 (b)(1).
This alleged victim is not Gundersen’s wife or his former wife, Gallegos said. The alleged offense is considered a felony under PC 1192.7 (c)(8) and a violent felony under PC 667.5 (c)(8).
Gundersen is further accused of one felony count of allegedly selling, offering to sell, possessing or knowingly transporting a Heckler & Koch MP5 machine gun — around Feb. 8 — an alleged violation of PC 12220 (a).
The gun shoots about 700 bullets per minute, Gallegos said.
The third charge — one felony count of possessing a silencer for firearms — also occurred near Feb. 8. It is an alleged violation of PC 12520.
Lastly, he was charged with one count of allegedly violating California Vehicle Code Section 1808.45, for disclosing information from an unnamed-department record, using false representation to obtain the record, using the information for a purpose other than what it was requested for, or participating in the sale or distribution of the information without prior disclosure around Sept. 28.
Gundersen pleaded not guilty to all four counts. At his arraignment on Feb. 13, he pleaded not guilty to all the previous charges.
Gallegos requested that Feeney raise Gundersen’s bail from $500,000 to an amount set by the bail schedule — considering the new charges. Feeney scheduled a bail hearing for Friday at 2 p.m. in Courtroom Three.
Gundersen’s wife — a law enforcement official at a local agency and presumably the alleged victim — was subpoenaed for Wednesday’s hearing.
She is presumably the victim because the DA’s Office charged Gundersen with 12 counts of spousal rape that allegedly occurred monthly over the past year.
She appeared in the Courthouse with her recently hired attorney Neal Sanders of Eureka.
She was also subpoenaed for the preliminary hearing scheduled for Monday. If she does not testify, she will be held in contempt of court, Gallegos said. “You have the power to not testify, but you don’t have the right.”
She is considered a hostile witness, Gallegos said, because it appears she does not want to testify against her husband. She recently told The Eureka Reporter that Gundersen has her support in this criminal case.
It is not unusual for victims who were sexually assaulted by their partners to recant their accusations, Gallegos said, adding: “They love the offender.”
Many domestic violence cases fall to the wayside because it is difficult for victims to testify against their spouses, Gallegos added.
“We actually need (people) in court,” he said.
At the preliminary hearing, the prosecution will present evidence to persuade the judge that there is probable cause for a trial. That evidence may include a statement from the alleged victim.
It’s presumable that the she made a statement to the DA’s Office accusing Gundersen of spousal rape because admissible evidence is necessary to charge someone with a crime.
Hearsay or information from a third party does not equate to admissible evidence. Unless there was a witness to the alleged rapes — it is likely the suspected victim came forth.
If Gallegos is successful, Gundersen will be held in jail for trial. If Gundersen is convicted of the spousal-rape charges, he’ll face a sentence of about 30 years in prison. If he is convicted of rape and kidnapping while armed, he’ll face life in prison with the possibility of parole.
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Will someone tell me please EXACTLY when the tax payers of Blue Lake can stop sending a check for full pay and benefits to the county jail for a man facing life in state prison?
This is not a question of guilt or innocence. This is a matter that Gundersen nor his wife are providing any services to the city.
Further, the remaining two officers of course will full pay and benefits can't do full patrols because of no supervision.
I hope Blue Lakers remember Blue Lake Mayor Sharman Schapiro and contractor City manager Wiley Buck support and have supported for years Blue Lake Police Chief David Ray Gundersen.
Take back our town from these incompetents.
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It could be that Darcy is uncertain to testify against her husband, David Gundersen, because of issues that he may withdraw financial support or that she may lose her job because he is her boss.
If his and her pay are finally cut-off for lack of providing services, she may finally have the impetus she needs to testify, let justice prevail, and get on with her life for her and her children.
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If Gundersen's wife is put in jail indefinitely because of contempt, then the good taxpayers of Blue Lake will be sending TWO checks for full pay and benefits to jailbirds.
I think this worthy of a national AP news story about idiotic backwater town officials usually stereotypically thought to be in rural Alabama, not northern California.
Gotta have a statement read by Blue Lake City Manager Wiley Buck (yes, that is his real name) about it.
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The DA is an idiot if he thinks that a victim who asserts her rights under CCP 1219 can be held in contempt of court. Sure, Mr. Lawyer, the legislature gave victims the right to testify, but left it so that assertion of that right would be punished by contempt of court.
Where does he get this stuff?
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Obviously the previous poster is pleasantly ignorant of the law. To paraphrase, you have the power to obstruct justice, not the right.
The spouse being raped is not merely a peccadillo against a particular woman. It is an assault on all woman at their most basic level of survival.
Frankly, Gundersen is lucky not to have a .40 caliber Glock double-tap to the head for these rapes.
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"Unlike the victims of other crimes, the victim of a sexual assault may refuse to testify without risking penalty. Pursuant to Code of Civil Procedure section 1219, subdivision (b), 'no court may imprison or otherwise confine or place in custody the victim of a sexual assault for contempt when the contempt consists of refusing to testify concerning that sexual assault.' In the absence of other admissible evidence of the crime, the district attorney may decide to forgo prosecution if the victim of a sexual assault is unwilling to testify."
People v. Gwillim, 223 Cal. App. 3d 1254
Without risking penalty. Clear enough for you?
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What the hell is going on in this county. What a slap in the face to all potential and current victims of rape.
The DA can't have her held in jail to testify. CCP1219 won't allow that to happen. But even more troubling is forcing someone to disclose the most personal of things in court against their will. This sure is not going to help other women to report. In fact, many woman are told just report, and they won’t have to testify if they don’t want to and that the case won’t be charged unless they want it to be.
Where is Rape Crisis in this. All women should be outraged at the DA and his callous disregard of the rights of sexual assault victims to control their own destiny.
This stinks.
Will someone at the Eureka Reporter demand that Gallegos tell the public how he can charge this after 9 years. The statute of limitations ran in March of 2005. PC800. Unless this is murder or a crime that has a penalty of life without the possibility of parole, it was not lawful to file these charges. PC799 and PC 800. Since the DA admits that the matter could be a life case with the possibility of parole IF the kidnap charges hold then it is on its face too late to file it.
But what the hell, screw all women, make them afraid to report and then try this loser in the press. I say that because the only reason he could file these time barred charges would be that he was either incompetent or needed to rally support and try this in the press.
As far as I am concerned - all women ought to get together and picket the DA in the name of women’s rights. That he says he doesn’t give a damn about Mrs. Gunderson and will lock her up if she doesn’t do what he wants is unforgivable.
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I am sorry but you have it backwards. No woman will report the horrible violation of rape if she things that the rapist threatening her (and the DA has Gundersen doing so on tape) will succeed in shutting her up.
Not having the means to require the victim to testify perpetuates the cruel invisible silence that many raped women must bear.
The victim is a citizen with the responsibility to testify against a perpetrator, despite personal inconvenience or especially fear of the rapist.
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"I think this worthy of a national AP news story about idiotic backwater town officials usually stereotypically thought to be in rural Alabama, not northern California."
"Frankly, Gundersen is lucky not to have a .40 caliber Glock double-tap to the head for these rapes." ... you meant to add "if he's guilty", right? Or are you more of a Jerry Springer watcher?
Is it really too hard a concept to remember that you are INNOCENT until PROVEN guilty. Talk about backwater hillbilly crap.
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I think it is Gallegos with the 9/11 commission. Gundersen just want to tell the truth about the inside job. Of course the authorities have to stop him, so they made up these charges.
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I heard that Gallegos had sex with a minor in Blue Lake and was caught by the police and this is how they are covering that crime up.
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Gallegos, the new herbert hoover, into your bedroom he comes dressed in stockings and high heels!!!.
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I hate to see what will happen to Gunderson or his wife if Blue Lake's Wiley Buck and City Council allow him to return.
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o.k. 12:30, we know you are scared to be losing your job because your supervisors are jailed/on leave, but just because you continue to be paid for nothing doesn't mean you should be spending that time on online forums. Make yourself useful and get back to chasing dogs around.
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I doubt that anybody posting here has any insight into any facts about this matter. I certainly don't.
In the absence of that, I play "what if?" games.
Such as... what if Gunderson were a person of color? How would the "Blue light brigade" fall on the issue? How would the "Screw da fuzz" brigade fall on the matter?
The word "rape" brings images of violent madman lurking in the shadows preying on women, our wives, sisters, daughters. Potent imagery.
Look at the California Penal Code (copy/paste)
http://caselaw.lp.findlaw.com/cacodes/pen/261-269.html
Before you go doing any double taps on a person, it's important to get the facts. Even inmates in CA prisons want to see the jacket on a man in black and white before they do a beat down on a child molester. Interesting that jailed felons seem to have a stronger sense of fair play than most Humboldt residents.
It'll play out in court and promises to be very interesting.
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Mrs. Gundersen is not the only victim or potential victim. Rapists are a danger to society, not just to their wives. She was video taped making the claim of rape. She brought in the computer hard drive with nude photos taken while she was . He had illegal drugs and weapons. Recanting at this point with at least one additional victim (no statute of limitations for a rape committed with the use of a gun) won't keep Gunderson out of prison or his wife out of jail for contempt of court.
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The so called peace officers in this county have given up on fair play long ago. Selling badges, manufacturing evidence, lying on the stand, falsifying probable cause, trespassing, unjustified shootings, unjustified beat downs, all while cover their own asses. I for one hope Gallegos finally grows a pair and starts going after a few members of the Humboldt County Sheriffs office.
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One of my children was a police officer in Blue Lake for this incompetent/immoral/sack of crap for quite a few months. Hang the turd.
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What kind of people raise cops? Glorified hall monitors.
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Its funny that people on these posts try to quote case law. The mere fact that a specific decision/interpretation causing precedence for a statute does not mean that there are not other contradicting case law decisions. There are multiple cases in every circut court that have upheld contempt charges for a victim. there are also multiple decisions in every circut court that show the opposite.
My take on this is, that if a female officer is raped/assaulted, reports the rape, then recants her story (regardless) and refuses to testify, the district attorney should, and righfully so in the interest of public protection, proceed with the filing of the case and use the victim's taped statement as evidence. then, upon losing the case, that DA should charge the victim with filing a false police report. Either way, the offender gets their due with a tainted FBI arrest record and the victim gets their due for wasting taxpayers time and money. am i way off on this ???? Take gunderson to trial. Charge his recanted wife with false reporting and get them both out of blue lake! What kind of cop could she be if she would let a rapist go merely because she doesnt want to testify! ! ! !Still want her protecting us?
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Right on.
I learned from the Times-Standard today, March 5, that the 4 person Blue Lake police force had an inventory (so far) of twenty-seven (27) submachine guns, one of which was kept in David Ray Gundersen's auto.
Gundersen's supposed supervisor, Blue Lake City Manager Wiley Buck, claims he know about it but didn't think anything awry nor tell Blue Lake Mayor Sherman Schapiro about it.
For ten years Buck, Schapiro and attorney Platz have protected an out-of-control serial rapist and Lord knows what else.
It is time to sweep Blue Lake clean.
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Gallagos doesnt know the law. You can not force a wife to testify against her husband.
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Of course you can when the charge involves spousal abuse.
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No, actually you can't. That is why many spousal abuse cases get thrown out of court.
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Sorry. Spousal privilege does not extend to spousal abuse. That exception to spousal privilege is specifically written into the law.
Spousal privilege exception statutes are used to compel the testimony of a spouse when one spouse has committed a crime against the other spouse. These statutes do not allow the victim spouse to claim spousal privilege, which in the past allowed spouses the right to refuse to testify against the other spouse with no repercussions. States without these statutes are unable to compel the testimony of a spouse and, therefore, in some instances cannot prosecute the crimes of one spouse against the other.
Here is California's law:
(a) Except as provided in subdivisions (b) and (c), when the contempt consists of the omission to perform an act which is yet in the power of the person to perform, he or she may be imprisoned until he or she has performed it, and in that case the act shall be specified in the warrant of commitment.
(b) Notwithstanding any other law, no court may imprison or otherwise confine or place in custody the victim of a sexual assault for contempt when the contempt consists of refusing to testify concerning that sexual assault.
(c) In a finding of contempt for a victim of domestic violence who refuses to testify, the court shall not incarcerate the victim, but may require the victim to attend up to 72 hours of a domestic violence program for victims or require the victim to perform up to 72 hours of appropriate community service, provided that in a subsequent finding of contempt for refusing to testify arising out of the same case, the court shall have the option of incarceration pursuant to subdivision (a).
##
Note section c carefully. One the first instance does the victim get a free pass from jail for contempt.
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what is his wife's first name? A boy was hit by a car driven by a women with last name of gunderson in mck.,just curious.
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