FOLLOWING THREE HOURS of grisly testimony Wednesday, Wilson L. “Josh” Tubbs III, 38, of Fort Bragg, was bound over for trial on charges of “child abuse resulting in death.” A-month-old infant, Emerald Herriet, was carried unconscious by Tubbs, her foster father, to Coast Hospital December 2nd of 2012. Tubbs said the baby had fallen from her changing table, but the baby, as subsequently determined at Oakland Children's Hospital where Baby Emerald died, had suffered extensive head and brain injuries over “a period of several weeks to several months.”
TUBBS told DA investigator Kevin Bailey that he had “slapped the child upside the head” to stop the child from crying, but Dr. Rachel Gilgoff, a pediatrician specializing in child abuse, testified that the autopsy revealed that the baby had been severely beaten on more than one occasion.
DR. GILGOFF SAID, “This was one of the worst cases I have seen so far in my career, and definitely evidence of a violent physical assault that happened around December 1st. But I think what also makes it horrific for me is that it probably could have been prevented if people had identified something happening probably around November 2nd.”
WHY THE CHILD was placed in Tubbs' home by the Mendocino County office of Children's Protective Services is not known. He has at least one methamphetamine-related arrest and was in no way capable of caring for an infant.
ON MAY 13, 2013, deputies from the Mendocino County Sheriff’s Office were detailed to investigate the report of an indecent exposure incident which had occurred on 05/12/13 near the Eel River in Leggett, California. Deputies contacted an adult female who advised she had been at the river swimming with some adult aged friends and their children (pre-teenagers & teenagers) when they noticed a white male adult above them in the bushes. The adult female advised the suspect had his pants down with exposed genitals and appeared to be masturbating while watching the group of swimmers. The swimmers were able to locate the suspect’s vehicle and provided the license plate number to Deputies. Further investigation revealed the vehicle was registered to Carlton Lawrence Draper, 53, lately of Geyserville. Through investigative efforts deputies discovered Draper was a registered sex offender and was currently on probation in Mendocino County for a similar offense. One of the swimmers was able to positively identify Draper in a photographic line up. A stop and arrest Be-On-The-Look-Out was issued by Deputies for Draper in regards to the incident. On On May 14, Draper was contacted by Deputies from the Sonoma County Sheriff’s Office and arrested for the violations. Draper was subsequently booked into the Mendocino County Jail where he was to be held in lieu of $15,000 bail on charges of indecent exposure and violation of probation.
THE MANHUNT for Shane Miller, presumed killer of his wife and two little girls, has been scaled back. No sign of Miller has been found in the Petrolia area of Humboldt County where Miller was last seen.
LAST TUESDAY Sheriff Allman told the Board of supervisors about Mendocino County’s limited role in the manhunt: We have received a request and we have accepted the mutual aid request from the Humboldt County Sheriff's Office regarding the triple homicide suspect who was last seen in the Mattole-Petrolia area. Our SWAT team has been activated. We have responded to the area. We will be there through tomorrow night (Wednesday night, May 15). It's a 48-hour commitment. We responded yesterday. Sheriff Mike Downey and I have been in contact every day with this. The suspect was last seen in an area close to the northern part of our county -- the Whale Gulch area and part of the Lost Coast Wilderness area. Our SWAT team is there. It is similar to the unfortunate Bassler situation. Humboldt County was one of the first sheriff's office to respond to our request for mutual aid in the Bassler case. So we made a decision to work with them closely and hopefully resolve this as soon as possible, not just for public safety but for the quality of life in the Petrolia-Mattole area.
Pinches: His pickup was found in Petrolia but he has not been sighted in that area. He could be anyplace.
Allman: He could be anywhere. But he could be there too.
Pinches: He got he could have gotten in league with somebody else or others or something.
Allman: He used to live in your area, the Laytonville area. He's been arrested in our county before so he certainly knows our area.
It's the north end of the county.
McCowen: They did locate his truck in the Petrolia area.
Allman: Right. Our SWAT team consists of members of the Willits Police Department also. Willits has members up there. It's a joint venture and it saves us money as a joint operation.
NO SHAME, TAKE TWO. Darryl Cherney's fake pursuit of the truth of the 1990 car bombing of Earth First!er Judi Bari continues. Cherney, as we learn in the above press release (released in the yawning face of NorCal media) that Cherney and the Bari Cult will appear at the San Francisco offices of Myth Busters to lobby them to take on the case. Cherney just might get his own myth busted if Myth Busters takes even a cursory look at the alleged “mystery.”
TAKE THIS PRESS RELEASE he's presenting to Myth Busters, for instance. As always, Cherney wants it both ways. For the sake of fundraising he suggests the FBI did the bombing, an implication always certain to get the money flowing his way from the reliably credulous sectors of the “left.” But to solve the case, he says, the G-Men can be relied upon to over materials with pristine dna on it.
THEN CHERNEY LAUNCHES a tired and thoroughly discredited spiel about the FBI's bomb guy, Doyle, and “Bomb School.”
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FROM: DARRYL CHERNEY firstname.lastname@example.org Date: Tue, May 14, 2013 at 1:12 PM Subject: Earth First! vs. Mythbusters -- Cast member on hot seat for Oakland Bomb case To: email@example.com Mythbusters Challenged by Who Bombed Judi Bari? Cast member/bombmaker Ret. FBI Frank Doyle--found liable for lying about bomb in Judi Bari’s car--now proposed subject of a Myth to bust Press conference: May 23, 1pm @ Mythbusters, SF. Contact: Darryl Cherney 707/223-3788 & firstname.lastname@example.org; Ben Rosenfeld, Esq. 415/285-8091; Mary Liz Thomson 213/595-1155; Mike Roselle, Earth First! 215/999-8391. Documentation available. Website for upcoming Bay Area screenings, trailer: http://whobombedjudibari.com/ Mythbusters is being challenged to bust a myth about one of its own cast, bomb-maker Frank Doyle, who along with other law enforcement officers, lost a $4.4 million federal lawsuit court for lying and violating the U.S. Constitution around the 1990 Oakland bombing of Earth First! activists Judi Bari and Darryl Cherney (Bari v. Doyle C-91 1057CW). A press conference will be held on Thursday, May 23 at Mythbusters’ M5 Industries, 1268 Missouri, San Francisco to challenge Mythbusters to confirm or bust a chilling statement that Doyle presumably made at the scene of the bombing that has a mythology of its own. Cherney produced a feature documentary with Director Mary Liz Thomson, Who Bombed Judi Bari? that will screen five times in the Bay Area May 20-25 around the 23rd anniversary of the bombing and the Official Judi Bari Day in Oakland. The film asserts that Frank Doyle can be heard on the FBI’s own bomb scene footage saying, “This is it, go to it. This is the Final Exam. Right here.” Doyle denied--under oath--making the statement. The statement is important to the case because Doyle taught a bomb school on Louisiana-Pacific Lumber Company property near Eureka just 30 days before the bombing. One of Doyle’s students, who testified that the insides of cars were blown up with pipe bombs at bomb school, was also present with Doyle at the bombing of the inside of Judi Bari’s car. In essence, Doyle created the very unusual crime scene at bomb school that he would take charge of 30 days later in Oakland. Cherney penned a letter that was received on May 8 by both Mythbusters attorney Joel Behr of Beverly Hills and its star Jamie Hyneman in San Francisco that states, “Mythbusters may have accidently shot a cannonball through the home and car of a Bay area resident, but Frank Doyle deliberately blew a hole through the civil rights of two American citizens.” Cherney wrote, “We challenge Mythbusters to confirm or bust a long-held assertion that Frank Doyle can be heard on FBI video footage taken at the scene of the car bombing, chuckling and making the chilling statement, ‘This is the final exam.’ We know that Doyle, de facto, at minimum covered up the tracks of someone who tried to assassinate one of the most prominent, rising environmental stars in our nation’s history.” Why try to bust this myth and why now? “It’s the 23rd anniversary of the bombing and it’s time to solve this case,” Cherney said. The production company of Who Bombed Judi Bari? is offering a $50,000 reward for information leading to the arrest, conviction and incarceration of the bomber. Recently, Cherney won a court order requiring the FBI to preserve bombing evidence for testing, after the FBI announced it planned to destroy it. The evidence is now with a Bay area forensic laboratory in an attempt to identify the bomber through fingerprint or DNA analysis. “Nothing screams FBI cover-up louder than the fact that it tried to destroy the critical evidence it never even properly examined,” said case attorney Ben Rosenfeld. The letter to Mythbusters continues: “So two of the principle adversaries of Earth First!—LP and the FBI—coordinated an event where the insides of cars were blown up with pipe bombs, thirty days before the bombing of the inside of Judi Bari’s car…. To thicken the plot, an additional bomb went off two weeks after bomb school at an L-P sawmill in Cloverdale, CA. This bomb was manufactured by the same individual(s) who bombed Judi Bari’s car, as revealed in a letter taking credit for both bombs…. “Mythbusters is uniquely situated to utilize available technologies and expertise to compare the voice on the recording, which we have provided, to exemplars of Mr. Doyle’s voice, including from at least a dozen appearances he has made on the show.... Evidence shows that the FBI was aware on the scene that the car bomb was triggered by a motion detection device and was filled with nails for shrapnel effect, making it ludicrously impossible to think we were carrying the device, especially under the driver’s seat. Is Doyle protecting the identity of the bomber(s), and if so, why?... In these days of increased awareness of domestic terrorism, we should vigilantly leave no stone unturned.”
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THE FACTS: The College of the Redwoods offers police training courses. Maybe the College still does. As part of these courses the College offered basic training in backyard explosive devices because today's cops often deal with them. Doyle gave the class in 1990.
RIGHT HERE Cherney expects you to suspend your critical faculties. You're supposed to believe that Doyle gave the class on car bombs for a large group of cops and would-be cops then went out and car-bombed Judi Bari. Nobody present said anything of course because The Blue Meanies always lie.
ALL THIS BARI-RELATED STUFF is discussed in exhaustive detail on our website at www.theava.com. Compare the case that Cherney and the Cult people put out there, including his phony movie, with the known facts and our counter-case we've stored on our website. Also, on the off chance someone out there is interested, I can loan that person a copy of Steve Talbot's honest look at the case called 'Who Bombed Judi Bari,' which includes Talbot's subsequent appearance on This Week In California (after Judi Bari died) where he says that Bari told him she was certain her husband tried to kill her.
BTW, SUPERVISOR HAMBURG'S quarter-century tardy entrance to the Bari Bombing discussion, an entrance he confines to the shut-ins and assorted wackos of the Mendo list serve, naturally doesn't mention his own cult background as an adherent of the Adi Da sect, a kind of upscale Manson Family. Hamburg's a natch for the Bari Cult. He doesn't have to suspend disbelief, he lives there.
HITCHHIKER And Former Web Hero Wanted For Murder Of Lawyer, 73, Arrested In Philadelphia After Drifter Claimed On Facebook He'd Been Assaulted—
A homeless man known as 'Kai the hatchet-welding hitchhiker' who has been wanted for the murder of a New Jersey attorney after claiming he had been sexually assaulted has been arrested in Pennsylvania, authorities have announced.
Caleb Lawrence McGillvary, 34, who became an internet sensation after saving three people from a crazed driver with his famous hatchet, was arrested on Thursday Glassboro Police Chief Alex Fanfarillo tells NJ.com.
An arrest warrant had been issued for McGillvary in connection to the murder of 73-year-old Joseph Galfy Jr in Clark whose body was found in his home on Tuesday.
Authorities had been looking for McGillvary in Haddonfield and Glassboro, New Jersey after staying at a home there. Those tips lead to his eventual capture across state lines.
McGillvary will be processed in Philadelphia and sent to back to New Jersey in the coming days, Union County Prosecutor Theodore J. Romankow said. His bail is set at $3 million.
'I believe that everyone is a little safer with this person off the streets,' the prosecutor said. Philadelphia police could not immediately be reached for comment.
On Tuesday, when police officers discovered Galf's body, McGillvary wrote a rambling post on his Facebook page describing in graphic detail how he woke up in a strange house and discovered that he had been sexually assaulted by a man.
McGillvary, better known on YouTube and Facebook as Kai Lawrence, Caleb Kai Lawrence and Kai Nicodemus, became an instant Internet celebrity in February when he was featured on a California news report for saving three people from 54-year-old Jett Simmons McBride by hitting him on the head with a hatchet.
The homeless hitchhiker, who describes himself as 'homefree,' was riding in a passenger seat with McBride when he said the man started making racist comments and calling himself Jesus Christ.
The incident culminated with the out-of-control driver slamming into a black utility worker and pinning him against his truck. He then allegedly attacked two women who came to the aid of the victim, at which point McGillvary jumped into action and hit the assailant over the head with a hatchet he had on him.
McGillvary, sporting long shaggy hair tied with a bandanna, later described his heroics in a hilarious, profanity-laced stream-of-consciousness interview that instantly went viral online.
Since the February incident, the 34-year-old self-described surfer dude has been regularly writing about his adventures on the road on his Facebook page under the user name 'Caleb Kai Lawrence Yodhehwawheh.
Prosecutors revealed on Thursday that Galfy met up with McGillvary at Times Square last Sunday and took him to his house in New Jersey that night.
McGillvary spent at least two nights in Galfy's brick home on a cul-de-sac in Clark, 20 miles west of New York, Romankow said.
Prosecutors said Galfy drove McGillvary to the train station on Sunday and McGillvary boarded a train to Asbury Park to meet a fan before returning and being picked up by Galfy later in the day.
Later that night, McGillvary called the fan again asking her for a ride, Romankow said. She couldn't pick him up, and McGillvary's phone went dead after that.
According to a police reconstruction of his travels after leaving Clark, the suspect somehow got back to the train station Monday and returned to Asbury Park to meet the fan. The two traveled to Philadelphia.
After lunch, they traveled to Glassboro, in southern New Jersey, and he stayed with another fan there. On Tuesday he boarded a train to Philadelphia where he was eventually arrested.
McGillvary had mentioned at one point heading to Georgia to visit a girlfriend, police said.
Union County Crime Stoppers had offered a reward of up to $5,000 for information leading to his arrest.
Romankow said that on Monday, officers who were called by Galfy's relatives to check up on him after failing to reach him by phone for several days discovered his partially naked body bearing evidence of violence.
The official said the 73-year-old attorney appeared to have been beaten severely and was clothed only in pair of underwear and a shirt.
His current home is listed as Eureka, California, but McGillvary was locked up in jail for four days last December and wrote in Febraury about 'sleeping in a hay field off the I99 in Lathrop.'
The victim, 73-year-old Galfy, was found dead in his home on Starlite Drive in Clark at around 2pm May 13 when officers arrived for a welfare check.
An autopsy performed Tuesday revealed that the elderly man died from a blunt force trauma, said Union County Prosecutor Theodore J. Romankow.
According to his Facebook page, Galfy was a founding partner at the Rahway law firm Kochanski, Baron Galfy, P.C.
Galfy's neighbors said the 73-year-old had been living alone since his long-time partner died five years prior.
According to Galfy's obituary, he served in the Army from 1965 to 1970 as a major, and got his Juris Doctor degree from Seton Hall University.
Galfy served as the attorney for the Planning Board in Green Brook, and in his free time played in a wedding band for 25 years.
According to the prosecutor, Galfy's accused killer had cut his hair to change his appearance, and he is considered armed and dangerous.
‘We have learned that in the past he has demonstrated his ability to use the backend of a hatchet,’ Romankow said. ’It's very possible he might be carrying that. If people see him, we ask them to please contact local police and tell them.’
A look at his Facebook page revealed that McGillvary posted an unsettling message on Tuesday, one day after the murder, describing what appears to be a sexual assault on him committed by a man.
'What would you do if you woke up with a groggy head, metallic taste in your mouth, in a strangers house... walked to the mirror and seen come [sic] dripping from the side of your face from your mouth, and started wretching [sic], realizing that someone had drugged, raped, and blown their f***** load in you? what would you do?' he wrote.
Just after 1.20pm Tuesday, the 34-year-old wrote a comment on his post: 'raped for social justice woo f***** hoo.'
Last Friday, McGillvary wrote a lengthy 'thank you' note to all the strangers who have been kind and generous toward him.
'Hey id like to express my gratitude to all the gnarly awesome people whove invited me in, partied hardy with me, and brought me to such cool places to meet such cool people,' he wrote in the post. 'ive met some of the greatest people in my life in these last three months and i wouldnt trade these experiences with you for all the money in hollywood.”
'i realize now how crazy fame can be in flippin ones life upside down but you showed me some awesome support in tryin to affect social change through this and in havin fun in places ive never been to or seen before. thank you.'
Earlier that same day, the surfer hitchhiker offered some insight into his early childhood, describing how his 'family would get sexual' with him as he lay in the crib, and being told as a toddler by his relatives that he has 'demons' in him.
The lengthy, often disturbing tirade goes on to detail instances of alleged abuse, beatings and starvation that the man had allegedly suffered at the hands of his caretakers as a young boy.
McGillvary wrote that he would get locked in a room for 20 hours day, get hit with broom handles and spoons for making a noise, and would have his moth stuffed with hot pepper for cursing.
He also claimed that his 'parents' would give him ice-cold showers and have sex in front of him.
Several law enforcement agencies are now on the hunt for McGillvary. He is charged with murder in Union County and bail has been set at $3million.
McGillvary became an instant Internet celebrity when he was featured on a local news report for saving three people from a crazed driver ranting that he was Jesus Christ.
In the breathless, expletive-ridden interview he explained how he used his own hatchet to subdue the racist assailant after he attacked a utility worker and then two female bystanders in Fresno, California.
Kai's stream of consciousness delivery – a mixture of Bill and Ted and The Big Lebowski – meant footage of his interview was watched more than one million times and it made him a star.
Under the name Caleb Kai Lawrence Yodhehwawheh, his Facebook page gives more of an insight into his character which seems by turns free-spirited, proud and warm-hearted.
It also details some of his daily travails which include fighting off a knife-wielding attacker and an unending quest for his next high, be it marijuana or magic mushrooms.
Kai lists himself a 'self employed and loving it!' and confirms as he did in the interview that he is from Sophia, West Virginia.
Kai wrote on Facebook about his encounter with the knife maniac on December 1.
He writes that was looking for the belt buckle for his backpack under a skate ramp when a man came towards him with a knife.
Kai writes that the man was ‘all psyched until I say, “I come in peace” then he whips out his knife and yells out “DID LYNN SEND YOU? I'LL STAB YOU M*********** YOU BETTER RUN", so I ran halfway across the parking lot, dropped my sack, whipped out my knife, and yelled back “YOU WANNA F*** WITH ME? I'LL MAKE YOU A BODY YOU PUNK ASS BITCH. STEP UP MOTHER F*****'M A STICK YOU”
Later that day a kindly stranger bought Kai some drinks and gave him $20 which he used to buy some liquor which he downed outside a Taco Bell.
But he then got into another fight when he tried to help a man who was lying sprawled on the ground and was jumped by four men.
Kai writes: ‘I'm all up for scrapping this fool but I couldn't get him separated from the others so I took a couple shots to the head trying to lure him out.
‘He hits like an ostrich, but without as much force. So I got jumped by 4 guys but made it out on my feet, AND I stood up to them like motherf***** cisco kid.
‘I felt like a million bucks wasn't anywhere near my infinite worth. then I went and smoked some kine herbs and went to bed in a shed well fed. I'm lovin this life, locationally here in Santa Cruz and otherwise. Thanks people. What an adventure.’
There are few pictures of Kai uploaded although they include one of him with a group of friends partying on top of a car. Kai stands in the foreground with his shirt off and his thumb in the air.
One of more animated posts reads: 'now, you! and me! and everyone! and everytwo! and everythree...! no more borders! pleasin to the eye! destroy the prisons and hunt down the NSOR! ninja training with vets on the street! [M]IA crooked cops! Free Haiti! Free all black lands!! Bring down the House of Wettin and share the wealth of those rothschild/bilderberg/whoever “rich” peeps with those who actually LABOR for it! REPOST IF YOU LIKE!!! SAY ITS FROM ME!!!'
Another post reads: 'Please, if you're going to bother capitalizing on this (his heroics) AT LEAST refer to me as homefree, not “homeless". that pisses me off, cowardly f****** businessmen referring to REAL men as “homeless". have they ever actually SUNG the national anthem? S***'
His most heartwarming post seems to suggest he is more accepting of others than they have been to him in the past.
It reads: 'I don't look to anyone for validation. I am valid. Your [dis]agreement does not affect me. Fulla respect, your opinion is still worthwhile. Acceptance ♥'
His disclosure that his family think he is already 'dead' came at the end of the TV interview when he was asked what happens to him now.
Kai also said that he would always put his own life before that of another – and take the selfless option.
Kai's story began February 2 when he hitched a ride with the deranged driver, 54-year-old Jett Simmons McBride.
In the interview he said that that he was in the passenger seat after being picked up, when 300 pound, 6-foot-plus McBride began to make wild and racist comments.
Describing himself as 'straight out of Dogtown', he said: 'The driver's like, ‘You know what? I’ve come to realize I’m Jesus Christ and I can do anything I f*****g want to and, watch this! and then drove his Oldsmobile straight into a Pacific Gas and Electric worker who was Africa American.'
Pinning the man against his truck, McBride then exited his car and began to pull the injured man away from the bind, risking further injury.
Kai witnessed two women, Tanya Baker and her daughter, Ginger Miller Parraza rush over to help.
He said: 'These two women are trying to help him, and this guy runs up and tries to grab one of them, man.
'A guy that big can snap a woman's neck like a pencil stick.'
'So I f*****g ran up behind him with a hatchet. Smash, smash, smash!'
Kai speaks in a similar fashion on his Facebook page where he writes: 'Btw just because I show respect with and value the time of hard drug users, does NOT mean that I use hard drugs. List of what I work with:
'-Coffee -Cigarettes -Marijuana -occasional trips with cacti/mushrooms (last one was Dec 21/2012 with “zion-essence") So if you ever make it out of a ride with a racist rapist wannabe mass murderer, expect to be wired for sound with adrenaline. THANKS (for what you've given me -.^)'
His longest post is a section of The Declaration of Independence, which seems appropriate for somebody who says they are a free spirit.
A Twitter account has also been set up in Kai’s name under the tag ‘@dogtownkai’ but the Tweets only go back to February 4, suggesting it may have been set up by somebody else after the story broke.
Among the Tweets is a quote from his TV interview: ‘It doesn't matter your looks, skills, age, size or anything. You're worthwhile, and no one can ever take that away from you.’
Kai's fans include the two women who they say he saved from the maniac who he kept occupied until the sheriff arrived.
In the interview Ginger said: 'My mom ran over to the driver to make sure he was OK because we thought maybe it was just an accident or something, and I ran straight to the PG&E man,' said Ginger.
Tonya said: ''The guy just went crazy and was trying to pull the guy from the car and the truck. Then he gets in the car and tries to move the car and that. And we weren't going to let him do it.
'He just kept saying he's Jesus Christ and he's going to save all of us, but we have to get... he used the 'N,' word meaning the black people, and he said we need to get them off the Earth.'
'Then he put me in a bear hug and started beating the crap out of me, for what reason? We still don't know.'
Despite his heroic actions, Kai was modest in the interview about what he did.
He said: 'That woman was in danger, he had just finished what looked like at the time, killing somebody, and if I hadn't of done that he would have killed more people.'
'I was like bro, if you are Jesus Christ, I will be the anti-Christ then'
'It was like the biggest wave I have ever ridden in my life.'
The PG&E worker was rushed to the hospital with two broken legs; the driver was also removed from the scene with non-life-threatening injuries. He is currently in police custody and has been charged with attempted murder.
Asked what he was going to do next, Kai replied that he would like to go surfing.
(Daniel Bates, James Nye and Snejana Farberov. Courtesy, the London Daily Mail.)
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Ed note: As the photo with the North Coast Journal shows, Hitchhiker Kai was living in Arcata for a while earlier this year.