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July 25, 2019     Cloverdale Reveille
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July 25, 2019
 

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Page 8 The Healdsburg Tribune July 25, 2019 www.healdsburgtrJbune,com more nel Continued from Page I residence, which is also the only residence that maybe able to see the operation through fencing. Harald Hoven, who has been helping Newell with biodynamic practices, said they may also try to incorporate other plants around the area to try and mitigate odor. There will also have to be changes made as the grow happens and they learn what works, possibly building up more natural barriers such as berms. Councilmember Ruth Wilson added that since the ranch would have guests, it would also likely be in the group's best interests to mitigate odor for their own business model. Neighborhood outreach was not up to the council's standards, however, and the applicant's readily accepted going back out and informing neighbors about the project. They said they had reached out to the immediate neighbors on the road, but not everyone. "All this needs to be explained to the neighbors," DCVCAC President Jenny Gomez said. "Just knowing that the outreach has been done keeps people from feeling railroaded." Gomez also suggested that the group encourage neighbors to share their opinions in writing to the DCVCAC. She noted that not everyone had to be in favorl but cannabis farms can be "difficult for the community to accept." She did not want to see grows go back to the black market, however, and said based on the presentation, the New Tree Ranch application seemed like the type of project the council would want to move forward. KNOW YOUR NEIGHBORS -- Lyann Northwood, Andy McDaniel, Ed Newell, Harald Hoven and David Roundtree, from left, work applying for a cannabis farm permit. The group intends to reach out to neighbors soon to discuss the plan in detail. The applicants discussed with progressed and expressed to come check out the ranch. council how best to reach out. An confidence that if New Tree did the Vice President Bill Smith open house was thought of, as well same for other neighborsi therequestioned why the application as compiling a fullset of addresses should be little friction. He also differed in some details versus the to knock on. offered to help spread the word for presentation, specifically that there One nelgnDur who natl noz been zne project, would be processing on site in the reached out to showed up at the Farmer is also a member of the application. meeting. Mark Farmer said he local COPE (Community Outreach According to representatives, owned one of the vineyards on the Promoting Emergency New Tree had been working with a back side of the property line. Odor preparedness) chapter and he planner that had since been was one of his main concerns, offered to spread the word using replaced. There had been some After hearing the presentation, those contacts. New Tree timing issues which led to wrong Farmer said he thought they made representatives invited Farmer to information being included that a compelling case. He said he just take a tour of the facility, adding had since been changed. wanted to stay in the loop as things they would like all their neighbors In order to have a clearer picture Photo Andrew Pardiac at New Tree Ranch, which is when presenting to neighbors, New Tree said they would revise the application and make it current before hitting the pavement, which would likely take one week. New Tree will contact the DCVCAC when the ranchers think enough outreach has been done, then the council will consider when to add them back on the agenda. The DCVCAC typically meets once a month. To get on its email list, email DCVCAC Secretary Sharon Pillsbury at spillsbury76@gmail.com. ) ) Continued from Page I the day Ivan Torres died. Moreno and Bennett are in a relationship, and know Moses from when he dated Bennett's daughter. According to Bennett, around 5:45 to 6 p.m she heard someone knocking on the door. Moreno answered the door for Ivan Torres, whom the couple also knew through Moses, and wanted to speak with Moreno outside. Bennett was in the kitchen She stated she told Moreno, "let's just go" repeatedly. Then, according to Bennett, Ivan threatened her, saying, "Get the (expletive) out of the way or I'm going to hit you, too." She then saw Ivan reach into his pocket area. Bennett and Moreno both testified that Ivan was known to carry a screwdriver, presumably as a weapon. Moses also told the police about the screwdriver and where it was usually stored during his interview. Moses Torres then stepped at the time with Moses, .in and, according to Bennett, friend, i Angelq, iwtts struek.lvan with living roorm uis, T0 res ' like a punch, what: :, looked: wasps0 there, z ,Shesaid Ivan didmot,hiL, : Bennett said watched Moses back, but kept standing through the window as and walking. It was only when Moreno followed Ivan outside. When she saw Ivan take off his hat, she became concerned about what was going on and went out the door. "Something was off when I saw Ivan take off his hat," she said. When she turned the corner of the building to see what was happening, she saw Ivan Torres hit Moreno. he pulled up his shirt that Bennett saw the blood from a stab wound. Moses' father had come out at that point and Ivan told him, "Look what your son did to me," while holding up his shirt. Bennett and Moreno left at that point, with Ivan still moving back toward the front door. Moreno's testimony Bennett became more Moreno testified next. He emotional during the next part recounted much the same of the testimony. Though the course of events as Bennett. court asked her if she needed a He said Ivan wanted to talk moment, she declined and to him about problems Ivan continued, heard Moreno was having She said she got between with Moses. the two to break up the fight. Moreno denied there was Moses and Angelo had any problem. Moreno and followed behind her. Bennett both testified to She put her hand on possibly moving out of the Moreno's chest and stretched apartment with Moses, in part her other arm out to Ivan. due to Ivan possibly moving Moreno was backing up but in. Bennett said Ivan "was right Moreno had invited Ivan in in my face." to talk but Ivan declined. Our readers are your best customers. They read this page every week. Shop locally with your advertising dollars just like you want your customers to shop locally with you. Stay in front of your best audience and ahead of your competitors. Iealt shnr f ritmn ('/07) 433-4451 We are Print Digital Social &, Mobile IIII I ] II I II I II I When outside, Ivan wanted Moreno to prove he was "still a heroic," which Moreno said he interpreted as being affiliated with a gang. Moreno said he did not associate with gang members any more. He testified that he knew Ivan to glorify gang atRUation with the Sureties street gang. Moreno said Ivan wanted to fight him for 13 seconds. Moreno was repeatedly questioned about the significance of 13 seconds, but said he did not know. He once said it stood for ',M." This was the one particular piece of Moreno's testimony that Judge Simonds questioned, believing he likely knew more. The possibility was that the time referred to how gang members are beat in to the group. Moreno said Ivan claimed, "I'm from Florencia," while showing off a gang tattoo. The two gangs are related, one being in LA, the court established. After Moreno again denied any gang affiliation, Ivan hit him in the face, according to Moreno's testimony. Moreno said that while Bennett was between the two, Ivan also took two more swings past Bennett toward him, though he missed. Just after, he saw Ivan reach down into his waistband while holding up his pants with his other hand. He said he saw something like a screwdriver handle in Ivan's hand. "I knew not only my life, but everyone else's, was in danger," Moreno said. He then saw Moses intervene, striking Ivan. He then left with Bennett and saw Moses leave as wen. Violent history During the hearing, both Moreno and Bennett testified to knowing of Ivan Torres' history of violence with family members. It was one reason why the couple felt it may be best to have Moses Torres move in with them upon hearing Ivan may move in to the Canyon Run apartment. Moreno described Moses telling him a story of Ivan punching Moses. Ivan later told him that if he didn't hit back, Moses "wasn't a man." According to Moreno's testimony, Moses did not strike back. Moreno also recounted a different story where Ivan tried to stab his father. Moses stepped in this time and was able to disarm his brother. According to Bennett, Moses recalled a different story in which Ivan stabbed another of his brothers with the same screwdriver. Both testified to knowing that Ivan had been in prison recently and knew him to drink in excess. Bennett said Ivan became angry when drunK: "You can see it in his eyes," she said, adding that she saw that look the day the fight began. said he had Ivan drink earlier that day before leaving for a while, Bennett also claimed that she had seen Louis Torres drink regularly. Moreno testified that Moses was the smaller of the two brothers, both in age and size. Bennett said Moses did not seem to be a violent person, but was protective of his friends. Before the hearing, Moses sat in the prisoners' row waiting. He asked questions of the deputies in the court, who responded in an amiable enough manner. He .smiled at their responses:anct went :back to waiting, When the hearing began, the court~allowed~, ~: ~ Moses, who is not what is typically considered to be a large man, to sit between his council. During the police interview, Moses was not treated as being especially dangerous, it seemed. He was not restrained, was allowed to stay wrapped in a blanket and given a pen to help diagram a map of the incident. After the fight After police had been alerted to Ivan's death, Moreno was picked up as a murder suspect. While in custody, he allegedly told a different story as to Moses' desire to kill his brother, claiming Moses said Ivan had it coming and that Moses intended to "whoop" Ivan. Burk confirmed that this interview occurred, though a request for the interview transcript from the Healdsburg Police Department was verbally denied and a request letter to the Sonoma County District Attorney's Office was also denied, both due to the ongoing nature of the case. Moreno denied that these statements were true of Moses at the hearing. He also testified to not recalling having said them. "I try to forget most of it," Moreno said of the whole day. Bennett was at the police station shortly after as well, though not as a suspect. She initiated a call to Moses that was overseen by Detective Sgt. Van Vleck. According to Van Vleck, this is done to get more truthful information from a person of interest than what someone may say to a police officer. During the conversation, Moses did not say anything along the lines of being happy about Ivan's injuries. He did express surprise that police were interested in Bennett and Moreno, He also said he saw Ivan reaching for something, and knew about the screwdriver Ivan kept. In Snapchats sent to Bennett from Moses and captured in a picture on a different phone, Moses said he knew something bad was going to happen to Bennett if Ivan was allowed to keep going. During the phone conversation, neither Van Vleck nor Bennett testified to thinking Moses knew the call was being listened to by law enforcement. Moses interview Van Vleck later interviewed Moses in custody after he was picked up without incident from the Larkfield area where he had briefly fled. Sgt. Luis Rodriguez was also in the room and the body camera on Van Vleck was played. Moses recalled times Ivan had been violent with him in the interview. He aid he had Editor's note: All suspects are considered innocen t until proven guilty in a court ofla w. Deputy District Attorney Matthew Henning, argued that Moses overreacted to the situation. He pointed to the two stab wounds found on Ivan's chest and a laceration on his arm to back up his claim. He said that Moses' anger overwhelmed him in that instant. According to California law, acting in self seenlvandvinking at, his defe se is,onlylegalqfthe-- anct na :r eartvtvan,'speaxm) ", fdFth6 si tififioii]" :: :"': ' with his father on the phone The defense argued that prior to the event as well. According to Moses, his father had told Ivan that Moreno and Moses were having trouble. Moses had argued with Moreno and Bennett over what to have for dinner, but nothing more. Moses then said Ivan left, came back and left again the day of the fight, one time to allegedly purchase alcohol. He described the fight, saying he had his pocket knife out as Ivan was yelling, ready to step in. When Ivan threatened Bennett, .he intervened. Moses then describes his action either as a push, a punch or an attempt to cut Ivan's forearm. Judge Simonds found this to be believable testimony as it was a fast blur of motion. In one instance, Moses said he forgot the knife was in his hand, and he dropped it when he realized the knife had gone into his brother's chest. He picked up the knife and ran Shortly after, saying his father yelled to get out of there, and said he knew where he had dumped the knife and could help police find it. The audio of the tape was difficult to hear in the courtroom, and Simonds took extra tune to watch it again privately. Officer Patane testified that he was the one who found the knife. He said it was approximately where Moses said it would be, thrown into a ditch. Moses was with police at the scene and was able to confirm it was the correct knife. Patane was also the first officer on scene at the apartments after the stabbing. When he arrived, he saw Luis over Ivan, applying pressure to a chest wound. He then did a sweep Of the interior before calling in paramedics. Patane said he knew both Ivan and Luis from previous law enforcement contacts. Van Vleck said police later executed a search warrant of the apartment, where they found the screwdriver where Moses described it was: normally kept, in his father's room. It was not known how the screwdriver made it to the room after the fight during the hearing. Arguments After witnesses were heard, the prosecution, handled by Moses did not overreact, that he not only saw the danger when Ivan reached for something, but that he knew based on his past that Ivan was capable of that type of violence. Burk said that Moses knew Ivan could mean more than "hit" when he threatened Bennett. "This was not just a potentially dangerous situation," Burk said. "It could've gone the other way." Burk further argued that a reasonable use of force doesn't have to be correct, it just has to be reasonable. It also doesn't say in the law that a person is allowed only one stab or hit in self defense. Burk noted that Moses didn't "stay and pummel his brother" after the fight. Henning pointed to Moreno's testimony that Moses said, "I told you not to come around here and start (expletive)" to his brother immediately after stabbing him and his flight as well. Judge Simonds did question Henning's reasoning, stating that the fight could not be judged in a vacuum when attempting to show malice. After hearing from Henning, Judge Simonds took the rest of the afternoon to again review the evidence before reaching her decision. When Simonds found a jury trial to be warranted on the manslaughter charge, she pointed to the threshold of whether Moses reacted properly or went too far as the main reason. She said there was not enough in front of her to determine whether a claim to Self defense was legally perfect. Though Burk was pleased with the outcome of the hearing, which has a lower bar to pass to move to the next phase than what a jury needs to find proof for guilt, she said she would argue the defense was legal in a trial. The next hearing for Moses Torres was the morning of July 24, after press time. Moses had been on no bail due to the murder charge, but a $110,000 bail was set after the trial. Burk said she would try to have conditions put in place in lieu of posting bail, which at 10%, the amount to pay to a bail bond company, would still be too high for Moses' family. i