KGET: Local News

Stabbing victim speaks with 17 News following deputy-involved shooting

Fri, 17 May 2013 18:46:48 -0700

OILDALE, CA - A Kern County Sheriff's deputy is on paid administrative leave while the department investigates a deadly deputy-involved shooting in Oildale.

Deputies say it started with a stabbing and ended with gunfire.

61-year-old Danny Jones was released from the hospital Thursday night. Jones is recovering at home after being stabbed in the neck.

"My clothes were soaked. I lost a lot of blood," said Jones.

Jones said he didn't know the man who stabbed him, but deputies later identified him as 33-year-old Caleb Blackburn, an ex-con who got out of prison in February after serving a year for beating his own mother.

Jones said Blackburn was sitting on his couch when he woke up.

"I told him, no, no, you got to go. It's time for you to leave this house. I don't know who you are, where you came from, but you need to leave cause you're getting out of hand. He said, I'm not going nowhere and you ain't going to put me out," said Jones.

Jones says soon after, they started fighting. He says that's when Blackburn stabbed him. Jones says he was able to go outside and call for help.

"I was just trying to stay alive. That kid was trying to kill me. He was like madmen, crazy," Jones continued.

"There was blood, blood on the walls, blood on the ground, blood on the door. I mean i was covered in it," said Richard Wiley.

Wiley lives across the street and says he saw Jones covered in blood and immediately went to help.

"I ran across the street, grabbed the gauze and he had a deep neck wound. With the amount of bleeding, I thought he got nicked in the jugular," said Wiley.

Sheriff's deputies say while Jones was outside, Blackburn remained inside the home.

Deputies say when they went inside, Blackburn tried to remove a deputy's holstered gun and a struggle began. Deputies then tased him, but say that had no effect. Officials say that's when a deputy fired one round at Blackburn, hitting him in the upper body.

He was taken to the hospital where he died.

According to court documents, Blackburn has been prosecuted eight times, including several cases involving alcohol abuse.

In his most recent case, the judge noted Blackburn has had a drinking problem since he was nine years old.

How easy is it to recover deleted cell phone videos?

Fri, 17 May 2013 18:35:34 -0700

BAKERSFIELD,CA - A Bakersfield mother said she captured cell phone video of deputies striking 33-year-old David Silva with batons before he died outside Kern Medical Center. But, detectives who confiscated her phone say they couldn't find the video.

"Whether she didn't take a video and just was saying that or something was removed, I really think we have to find out," said Sheriff Donny Youngblood.

If you take a video on your cell phone and then delete it, can you get it back?

"If the data hasn't been overwritten, then there is a possibility that section, even though it was deleted, still might be able to be recovered," said Shane Swanson, COO, ARRC Technology.

Shane Swanson of ARRC Technology said if you continue to take pictures, videos or even download apps and e-mails on your phone, it becomes much more difficult to recover a deleted video.

"Eventually, the video is going to be re-written over and the chance of it being recovered is very unlikely," he continued.

There are software applications to recover a deleted video. "Places like the FBI and those kinds of things, they have all that capability," explained Swanson.

It's not cheap to hire someone to recover data from your phone. Swanson said your best bet is a backup system. The iPhone has a system called iCloud.

"You don't want to rely on recovery tools. Plus, to do data recovery on any device is extremely expensive to do," noted Swanson.

Swanson said recovering a 30-second or one-minute video on your cell phone would cost about $200.

He said recovering bigger files can set you back as much as $10,000.

Analysis of cell phones in David Silva's death not complete

Fri, 17 May 2013 18:32:09 -0700

BAKERSFIELD, CA - Cell phone videos that witnesses say, show the in-custody death of a Bakersfield man will not be released, even though the phones were returned to their owners.

It's still not clear if the videos will ever be released to the public. Attorney John Tello held a news conference late Friday afternoon outside his downtown Bakersfield office. For the past week, Tello represented the eyewitnesses whose phones were seized by deputies after David Silva's death.

Sheriff Donny Youngblood said those phones were turned over to Bakersfield police and the FBI in Sacramento, before they were turned over to their owners on Wednesday.

But, Tello didn't release any cell phone video Friday. He said his expert is looking at the phones and the analysis won't be complete until Monday or Tuesday.

Tello also announced the owners of the phones will now be represented by local attorney Daniel Rodriguez.

"Mr. Rodriguez has extensive experience and expertise in handling civil rights matters in federal court and has litigated numerous cases involving violations of citizen's rights successfully," said Tello.

Silva, a father of four, died last week outside Kern Medical Center following an eight-minute struggle with deputies. Salvador Silva believes his son was drunk when he passed out in some bushes outside the hospital. A cause of death is pending toxicology results.

KMC videos, medical records released to Sheriff's Department

Fri, 17 May 2013 17:27:15 -0700

BAKERSFIELD, CA - Sheriff's detectives now have their hands on some of David Silva's medical records. They also have video of what could be his last moments in front of Kern Medical Center and the Mary K. Shell Mental Health Center.

The videos and records were released Friday afternoon after a judge reviewed the materials. The Sheriff's Department requested the video and records in a search warrant last week.

Judge Thomas Clark would not say what the materials reveal, only that nothing violates privacy laws. The hearing was held Friday afternoon.

The Sheriff's Department initially asked the judge for all of David Silva's medical records at KMC. The judge decided to only release records of treatment after Silva's confrontation with deputies.

Deputy County Counsel Mark Nations said the videos turned over Friday only show Silva prior to his encounter with law enforcement. Nations said requesting video like this through a judge is uncommon. He said the county did it, not because the medical centers opposed releasing the records and video, it just wanted to go through the proper channels.

"It's a balancing act where you're trying to balance patients' rights with law enforcement. So, what you do is give it to a judge and the judge makes the call," said Nations.

Nations said some believe the night Silva died he visited the Mary K. Shell Mental Health Center then Kern Medical Center. Nations said the Sheriff's Department wants videos from those places to determine what Silva did leading up to his death.

If criminal charges come out of the Sheriff's Department investigation, the judge said the videos and records can be used in court.

17 News asked for copies of the records and videos. The Sheriff's Department declined our request.

Grand Fire barely misses high school

Fri, 17 May 2013 16:20:32 -0700

FRAZIER PARK, CA - Frazier Mountain High School students returned to school Friday, two days after firefighters evacuated the campus because of the approaching Grand Fire.

The school was untouched, but as students arrived they could see just how close the flames came to destroying the home of the Frazier Falcons.

"It was just a normal day as usual with a big plume of smoke in the distance and all of a sudden the wind picked up and there it was," said Jonathan Bucio, a senior at Frazier Mountain High School. "It really moved fast."

"It just seemed like the wind and smoke were just coming at us," said Adam St. Cyr, a junior at Frazier Mountain High School.

Just after 1 p.m., the school was evacuated, sending about 300 students away from the fire.

Maxie Rosales sent us a video as one school bus drove away.

"I was seeing that in the distance, and I was just like so glad to get out of here," said Bucio.

Helicopters flew overhead and emergency vehicles rushed toward the school as hundreds watched from a distance at what looked like the school burning down.

"I knew it was going to get crazy, but I didn't think it was going to be that fast," said St. Cyr. "It was just like in ten minutes darker and darker smoke."

With a suppression crew parked on the school's football field, firefighters stopped the flames just short of the stadium stands.

"I mean it's kind of neat to see the aftermath you hardly ever see it because it's off somewhere else," said Bucio.

But Friday, the charred grass was in the high school's backyard, as students looked on from a distance recognizing the firefighting heroes during morning announcements.

"The Kern County Fire Department and the U.S. Forest Service did a great job," said a voice over a loud speaker.

Because nothing was damaged, the school's baseball team gets to host their first playoff at home.

Witnesses to David Silva's death say they suspect a cover-up

Thu, 16 May 2013 20:41:42 -0700

BAKERSFIELD, CA - Eyewitnesses say they smell a cover-up in the disappearance of cell phone video that, they say, shows the beating and death of a man in Sheriff's Department custody last week.

The Sheriff was so concerned he asked the FBI to step in and see if the video was deleted or if the file even existed.

But, those questions remain.

And, an attorney says other video that was shot that night begins rolling after David Silva is already hogtied and on the ground.

A smattering of protesters carrying anti-sheriff signs and some wearing masks, drew a stepped up deputy presence in front of the Liberty Bell and Superior Courthouse on Truxtun Avenue Thursday afternoon.

"Cops are being watched. And, as being the face of our community or as a government system, they can't keep doing what they're doing," said Melissa Quair, whose family videotaped the incident.

Quair's boyfriend, Francisco Arrieta, shot video that begins moments after deputies stopped using batons on Silva. Those deputies say Silva was combative.

"It appeared to show Mr. Silva on the ground. You could hear some sounds of Mr. Silva crying out and other deputies around him. It did not appear to show any batons," said attorney John Tello.

Quair's mother, Maria Melindez, says she did capture deputies striking Silva. But, detectives who confiscated her phone through a search warrant later said the video couldn't be found.

"What we want is for him to come out with the truth," said Quair.

"Now whether she didn't take a video and is just saying that, I think we really, really, really have to find out," said Sheriff Donny Youngblood.

Sheriff's detectives had the phones for about a week before the phones were shipped to the FBI in Sacramento.

Ray Pruitt says the phones were analyzed and sent back in less than twelve hours.

The family says other eyewitnesses also pulled out their cell phones and videotaped that night, but so far no one else has come forward.

Other key evidence may come from the CHP which had two officers respond and assist that night.

"Every officer has a microphone as well as a video camera in the vehicle," said CHP spokesman Robert Rodriguez.

But, what that dash cam video shows and what the audio reveals, Rodriguez won't say.

The CHP declined to release any documents or recordings in connection with the case.

"It's something we really can't comment on, our methods of investigation on what we're conducting, but we are conducting an investigation," added Rodriguez.

South High School sends more seniors to college

Thu, 16 May 2013 18:38:59 -0700

BAKERSFIELD, CA - It's an encouraging turnaround for one local school. Dozens of South High School seniors will attend a four-year university this fall which is nearly three times the number accepted three years ago.

"It's a moment for me to recognize all of my hard work and all that I've been through, and this is the moment that I get to see all my hard work paid off," said Trayniesha Taylor, a senior at South High.

Following four years of high school, dozens of students at South High signed their statement of intent to attend a four-year-university on Thursday.

"It's an experience that you can never really do over. Besides high school, I think college, it's something who defines who you are," said Christian Gutierrez, a senior at South High.

South High is currently ranked number two in the Kern High School District as the school with the highest percentage of college acceptances. But, school officials say it's taken a long time to get to this point. In 2007, administrators say a little more than 20 students went to a UC school, with the majority going to community college. However this year, 54 students will attend a UC school. School officials say that's a tremendous increase.

"As more students get accepted and attend a UC, they come back and they share their stories and that motivates more students to attend and see the possibility of achieving a UC education," said Catalina Mendiola, college psych coordinator for South High School.

Trayniesha Taylor will attend UC Santa Barbara in the fall and said she's the first one in her family to attend UC.

"More than anything, I want to set an example for my younger siblings," said Taylor. "I think that especially going to a UC is the most honoring thing I can do and just to show them, just to be an example for them would just be my greatest, greatest dream."

School officials said within the past couple years, seniors have had more hands-on experience about getting into college and opportunities after college by earning their college degree.

17 News special report: The new Lerdo

Thu, 16 May 2013 18:16:05 -0700

BAKERSFIELD, CA - Our county jail used to house low level offenders, like drunk drivers, petty thieves and those awaiting trial. But since prison realignment, deputies said it's more like a state prison. With more violence and more gang members, deputies say it's a whole new world at Lerdo.

To lower the state prison population, Governor Brown enacted prison realignment, sentencing supposedly non-violent offenders to county jail instead of prison. The prison population is down, but county jails say they're dealing with the mess adjusting to housing a sophisticated criminal they're not built for.

"I'm hoping to have a good day and nothing serious happens," said Juan Alaniz, Senior Detentions Deputy at Lerdo's Pretrial Facility. "Because you never know what's going to happen."

For detentions deputies at Lerdo Jail it's a daily battle.

"We get dispatched from one situation to the next all day long," said Jesse Luevanos, Administrative Sergeant at Lerdo's Pretrial Facility.

Weapons are hidden everywhere.

"Those come out of the units," said Alaniz.

Inmates make shanks out of a chain link fence.

"Sometimes pieces of that come off," said Ed Komin, Division Commander at Lerdo.

A toothbrush and razor are transformed into a knife.

"We find more and more weapons than we did before," said Alaniz.

Nunchucks are molded out of plastic from the commissary.

"It's amazing what they can come up with," said Komin.

Sometimes it's art, like a wallet and purse made out of candy wrappers. But, weapons are far more common and lately used more often.

"We have incidents in barracks on a daily basis," said Jeff Martin, Administrative Senior at Lerdo's Minimum Facility.

Three years ago, Lerdo was full of small time criminals in jail for a year at most.

"Back in the day this was DUI drivers and petty thieves, you know, doing misdemeanor time on weekends," said Martin.

Now it's full of felons serving multiple year sentences, and for the majority it's not their first time behind bars.

"We very rarely get people who have not been up to the state prison," said Alaniz.

Since realignment, incidents like fights are up 22 percent from nearly 10,902 a year to more than 13,345. Now, 59 percent of inmates are in gangs and 91 percent are felons.

"We have one inmate that's going to stay with us for 14 years, so the average time has risen dramatically," said Komin.

The average stay went from less than a year up to two or three years.

"They have more time here so they have more time to watch our habits and point out our weaknesses," said Detentions Deputy Brian Johnson.

Sometimes that means destroying jail property.

"See the TV on the wall? They'll jump up and tear the TV down," said Alaniz.

"They're ripping the fire suppression systems out of the wall causing the water to come out and flood the entire unit," said Luevanos.

Other times they're a little more creative.

"See the cards, they made a 45. That means they want us to change the channel to 45," said Alaniz.

That's a prison practice inmates in Lerdo's Pretrial Facility would have never done a few years ago.

"You know inmates before they used to come and do their time, watch a little bit of TV go to sleep, okay it's your out date, okay see ya, they'd leave. Now they're just different," said Alaniz.

"When I started ten to eleven years ago the gates were open on all these barracks," said Martin.

This allowed 900 minimum security inmates to roam free.

"You had 22 barracks open at one time," said Martin.

Now, they're all locked up.

"I think for us the word minimum is very loosely used," said Martin. "It's not a minimum yard anymore. It's a prison yard."

And the yard at times, isn't safe anymore for those one-time offenders, which is why deputies shuffle many of the shoplifters and drunk drivers into their virtual jail by allowing those people to serve a sentence on an electronic monitoring system.

"People are still being supervised and they're still being watched, but they're not in physical custody," said Komin.

They do all of this with the same amount of staff.

"A lot of staff works 16 hours a day because of shortages in personnel," said Luevanos.

The Sheriff's Department is hiring more detentions deputies, 20 last year and 17 this year. But even with the extra personnel, the jail will still have the problem of overcrowding.

"There's no such thing as a free space in our jail," said Komin.

Commander Komin said the jail is federally capped at housing 2,844 inmates.

"We have more people coming in and we have more inmates than we can house," said Komin.

Every day the jail releases 30, 40, even 60 inmates, some before they've served their sentence.

Detentions deputies at Lerdo say they'd keep the inmates in jail if they had a choice because the same criminals who tear TVs in jail, make weapons, and beat other inmates will eventually be let out, bringing the problems behind these fences into a community near you.

"It's a whole different world than when I started 14 years ago," said Martin.

There is also an increase in inmates suffering from mental illness. Now, one-third of the population needs treatment.

The jail is working to rehabilitate these inmates. New programs fund stays in sober living facilities and other recovery centers.

Sheriff's deputy involved in Oildale shooting

Thu, 16 May 2013 17:15:00 -0700

A Kern County Sheriff's deputy was involved in a shooting late Thursday afternoon, the department reported.

The deputy was investigating a stabbing in the 100 block of Woodrow Avenue at about 5 p.m, just off Chester Avenue, in Oildale, according to Lt. Dana Albro.

Deputies say when they arrived at an apartment, a man was outside suffering a stab wound to the neck.

When they went inside the residence, deputies say a confrontation began with a man, they believe is responsible for the stabbing.

Deputies say they were forced to shoot him, following a struggle.

The man who was shot, along with the stabbing victim, were both taken to a hospital with major injuries.

The investigation is ongoing.

If you have information, call the Kern County Sheriff's Department at 861-3110.

Crews working to contain Grand Fire near Frazier Park

Thu, 16 May 2013 15:42:00 -0700

Frazier Park, Ca. --The Grand Fire is 25 percent contained, a slight improvement from overnight.
Kern County Fire officials say it has burned 3,500 acres.

The fire started Wednesday afternoon and quickly spread to 3,500 acres. Six helicopters and a plane are tackling the fire from the air while hand lines and dozer breaks are being implemented on the western edge.

One thousand firefighters from multiple counties are now working on the fire. No structures are threatened at this time.
Evacuations are still in place for Hungry Valley and Piru Creek.