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April 7, 2017





Kris Jackson murdered


Will Unfinished Business in South Lake Tahoe Distract New Police of Chief From His Duties?


January 20, 2017, the City of Susanville announced  that John King from South Lake Tahoe was hired as the new Chief of Police, starting on January 23rd. Following the hiring of John King has stirred up a lot  of controversy  with questions asked, if he meets the minimum qualification or if there was a background check before being hired. Another question one might ask, "Will the ongoing investigations into the South Lake Tahoe officer Joshua Klinge , who shot and killed of unarmed 22-year-old, Kris Jackson be a distraction to newly hired Police of Chief from his duties?" Susanville has it's own set of problems that  requires a new Chief of Police's full attention. John King was one of the SLT officers subpoena to testify before the El Dorado County Grand Jury in the death of Jackson, who is also party to the Motion to Quash the Subpoena. 


The El Dorado County District Attorney's Office has sought to convene a grand jury to determine whether criminal charges are warranted against officer Joshua Klinge. January 1, 2016, California Penal Code § 917(b) now expressly prohibits Grand Jury consideration of an officer's use of deadly force. Although contrary, the Bill of Right's Fifth Amendment states, "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger;"


Events leading up to who will determine if Klinge will be criminally indicted or not;

  • December 22, 2015, the El Dorado County District Attorney's Office applied for an out of state witness subpoena to secure Joshua Klinge's attendance at the grand jury proceedings.
  • On February 1, 2016, Petitioner issued a second group of grand jury subpoenas. These subpoenas included members of SLTPOA and SLTPSA.
  • On February 4, 2016, SLTPOA and SLTPSA filed motions to discharge the grand jury and to quash the subpoenas issued by the Petitioner. (Motions to Quash Subpoena for Jason Cheney, Eli Clark, John King, Joshua Klinge, Jeffrey Roberson, and Brian Williams, 
  • On February 12, 2016, Chief Uhler filed a motion to quash the subpoena that was served upon himfor presentment at the grand jury.
  • On February 19, 2016, the Honorable Judge James R. Wagoner, El Dorado Superior Court ruled in favor of Real Parties in Interest, granting the motions to discharge the Grand Jury and to quash the subpoenas. Based on the Parties’ motions, the Superior Court found the Legislature had the power to enact SB 227 and that the grand jury had been convened in violation of the law
  • On March 22, 2015, Petitioner filed what appears to be an attempt at a Verified Petition for Writ of Mandate. The Petition asserts that the Legislature lacks constitutional authority to enact SB 227 and asks this Court to issue a Writ of Mandate directing the trial court to reconvene the El Dorado County grand jury.
  • On January 10, 2017, the California's Third Appellate Court's final ruling. "Let a peremptory writ of mandate issue directing the superior court to vacate its orders quashing the subpoenas and dismissing the grand jury, and instead issue orders denying the motions of the real parties in interest. The District Attorney of El Dorado County is awarded costs on appeal. (Cal. Rules of Court, rule 8.493(a)(1)(A)."
  • The time for ordering review on the court's own motion is hereby extended to and including May 10, 2017. (cal. Rules of Court, rule 8.512(c).) Cantil-Sakauye, C.J. (Received on 03/02/17)


A federal wrongful death suit filed against the City of South Lake Tahoe and members of its police force by Kris Jackson’s parents, Angela Ainely and Patrick Jackson, is likely to be delayed as the legal issues surrounding potential criminal charges are resolved. Attorneys on both sides of the wrongful death suit have suggested a stay in the civil case until a determination regarding possible criminal charges against Klinge is made. A trial date of spring 2018 for the civil case is suggested in the filing, but could be subject to extension.


Sources: SLT POLICE OFFICERS ASSOC. V. EDC GRAN D JURY (Case PC20160033); SLT POLICE OFFICERS ASSOC ET AL VS SUPERIOR COURT (Case PC20160019); California Third District Court of Appeal Case (C081603); Supreme Court Case (S240238);Tahoe Daily Tribune;South Lake Tahoe Police Watch

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PIERSON v. S.C. (SOUTH LAKE TAHOE POLICE OFFICER'S ASSOCIATION)

Case Number S240238

April 12, 2017, The request that the court grant review on its own motion, filed by the Office of the Attorney General, is denied. The matter is now final.


Third Appellate District, C081603

DISPOSITION


Let a peremptory writ of mandate issue directing the superior court to vacate its orders quashing the subpoenas and dismissing the grand jury, and instead issue orders denying the motions of the real parties in interest. The District Attorney of El Dorado County is awarded costs on appeal. (Cal. Rules of Court, rule 8.493(a)(1)(A).)


The Court ruling in favor of the El Dorado County District Attorney's Office who has sought to convene a grand jury to determine whether criminal charges are warranted against the South Lake Tahoe officer Joshua Klinge in the shooting death of Kris Jackson, June