Two arrested after shooting

BANNING — Police arrested two men after at least one of them fired shots near a Banning home.

Officers responded at about 10:45 p.m. Wednesday to a report of a man shooting a firearm at a home in the 500 block of Navajo Street.

When they arrived, they found the victim, Richard Gauff, 41, of Banning. Gauff was not injured nor were any of the witnesses that were on scene, according to a press release issued by the Banning Police Department.

During the investigation, officers learned that two men were involved in the shooting. The men were later identified as Jose Landa, 19, of Banning, and Edgar Landa, 18, also of Banning.

Officers found both men at their home in the 2900 block of Mohawk Street and arrested and arrested them there.

During a search of Landa home, police found two handguns – one of which matched the one used during the shooting on Navajo Street. The weapon was also stolen from the City of Cathedral City, according to the press release.

Officers booked Jose Landa and Edgar Landa at the Larry Smith Correctional Facility on suspicion of assault with a deadly weapon, shooting at an inhabited dwelling, making criminal threats and possession of stolen property.

Anyone with further information should contact the Banning Police Department at (951) 922-3175.

16-year-old arson suspect arraigned

After weeks of delays, a 16-year-old Yucaipa boy charged with setting the August wildfires in Yucaipa and Oak Glen was arraigned in a San Bernardino Superior Court Tuesday.

Dressed in a gray sweatsuit, Ricky Sean Lukacs stood quietly in the small, crowded courtroom as his defense attorney, Stephan Willms, entered a not-guilty plea, but not after Willms argued that Lukacs should not be tried in an adult court at all.

“We have a young man with cases in juvenile court and adult court at the same time,” Willms said.

Willms tried to convince Judge Ken Barr that Lukacs should not be tried in adult court because he has pending cases in juvenile court. Willms, who was able to delay Lukacs’ arraignment since December, asked Barr for a stay — which would delay the adult court proceedings at least until Lukacs’ juvenile court cases have concluded.

Willms cited several court cases to establish a precedent as to why Lukacs shouldn’t be tried in both courts at the same time.

“This is such a unique situation,” Willms said outside the courtroom.

But Barr said none of the cases Willms presented created an exact precedent to show that he should halt Lukacs’ adult proceedings.

After hearing arguments from Willms and Deputy District Attorney Karen Khim, Barr overruled Willms’ motion, prompting the not-guilty plea.

Willms said he would file a writ stating his disagreement with Barr’s ruling. Willms said he has 60 days to file the writ, which stop Lukacs’ adult proceedings until the state Appeal Court has a change to review the entire case.

But the Appeal Court does not have an obligation to grant the appeal or review the case, Willms said.

Willms could not comment on Lukacs’ ongoing case in juvenile court because of Lukacs’ age.
District Attorney’s office spokeswoman Susan Mickey said she couldn’t access any information about Lukacs’ juvenile court cases.

“It’s because of the confidentiality laws regarding juveniles,” she said.

Lukacs should appear in court again at 8:30 a.m. Feb. 3 for a pre-preliminary hearing.

Calimesa landlord stabbed during dispute

CALIMESA — A 48-year-old man was stabbed multiple times Friday afternoon during a suspected landlord-tenant dispute.

Riverside County sheriff’s deputies were searching for a suspect
and had located a person of interest Friday following the attack,
according to sheriff’s officials.

Deputies were called at 1:25 p.m. to the area of Calimesa
Boulevard and Sandalwood Avenue, in Calimesa, on a report of an alleged
assault with a deadly weapon.

The dispute escalated into a fight, and the landlord was
stabbed numerous times, sheriff’s officials reported. The victim’s
injuries were not life threatening, and he was transported to a local
hospital.

Anyone with information about the incident is asked to contact Investigator Bonaime at (951) 922-7100.

Originally posted by Staff Writer Mike Cruz.

Teen arson trial delayed, gets new judge

SAN BERNARDINO – The arraignment for a 16-year-old Yucaipa boy charged with setting wildfires in Yucaipa and Oak Glen in August has been pushed back to Jan. 26.

Ricky Sean Lukacs’ arraignment has been rescheduled again to account for a change in judges in the San Bernardino Superior Court Department 21. Judge Ken Barr will replace Judge Douglas Gericke in the department.

Because of the switch, Barr requested more time to go over the case before ruling on Lukacs’ arraignment.

Deputy District Attorney Karen Khim said the department’s change in judges — and his request for more time to get familiar with the case — was routine.

“He wasn’t given enough time to review the paperwork that we had already filed,” Khim said. “He asked for some time to review those. We’ll just put it over to Tuesday and see where it goes from there.”

Lukcas’ arraignment is now scheduled for 8:30 a.m. Tuesday, Jan. 26, in the San Bernardino Superior Court Department 21.

Lukacs arraignment pushed another day

SAN BERNARDINO — The 16-year-old Yucaipa boy accused of setting wildfires in Yucaipa and Oak Glen in August will wait another day to be arraigned.

Ricky Sean Lukacs appeared in court Thursday for arraignment in San Bernardino Superior Court, but Judge Douglas Gericke delayed the arraignment when Lukacs’ lawyer argued that a juvenile court judge’s ruling on a separate matter could significantly impact the case.

Gericke said he didn’t feel that pushing the arraignment back one more day would adversely affect the case.

Deputy District Attorney Karen Khim is prosecuting the case. Khim argued that the arraignment had been

Khim was visibly irritated as she left the courtroom.

Lukacs is now scheduled to be arraigned at 8:30 a.m. Friday.

 

Yucaipa approves cell tower

YUCAIPA — The Yucaipa Planning Commission approved a conditional use permit for a cell phone tower on the border of Redlands and Yucaipa Wednesday night.

Redlands resident Pamela Smyth has opposed plans to build a 65-foot cell phone tower at the edge of her property on Outer Highway 10. The property where the company signed a lease to build the tower is in Yucaipa.

The commission approved the permit for Royal Street Communications 6-1.

Smyth and her sister Penny Fedorchak, co-owner of the property, said after the hearing they were discouraged and disappointed.

“Pam has done an extreme amount of research on the variances they are disregarding,” Fedorchak said.

Smyth said she could file a court injunction to stop construction of the tower, but it is financially not an option.

“It’s over and it’s better,” she said. “We fought.”

Royal Street representative Veronica Arvizu presented the commission with modifications, which the commission asked for at the Dec. 16 meeting.

Royal Street originally proposed to build the tower 46 feet from Smyth’s house and agreed at the Dec. 16 meeting to change it to 65 feet from the home. The company proposed a cypress tree design to blend in with other trees on the neighboring property.

Arvizu showed digitally altered images of the property, with the tower placed in a row of trees, which would include two new live trees.

“Was the location of the trees on the property (considered),” commissioner Denise Work asked. “The biggest complaint was it would block the view from the windows.”

In the proposal the commission approved, the tower would be moved back from Smyth’s property, but not sideways.

“I recognize the efforts brought forward to improve the site but it doesn’t really fit the situation,” Smyth said.

Smyth gave a presentation at the Dec. 16 meeting using digitally altered photos showing how the tower would ruin the view from her large living room window. She lives in her family’s 85-year-old farm house.

Smyth, Fedorchak and Redlands resident Russ Huston said colocating — sharing a tower with another provider — is the solution. Huston said he was negotiating colocation with Royal Street and gave the commission a letter from Royal Street agreeing to colocation on a pole on property he owns nearby.

Arvizu said Royal Street’s Tom Hanna made a deal with Huston because he thought a new tower would be built. Huston’s pole is not suitable because it is too short — 62.5 feet — and could not be heightened enough for the 10 feet of required space between antennae, she said.

“Colocation is not possible so in our eyes there has to be a new tower somewhere,” she said.

Before the commission voted, commissioner Jeff Lojeski said the coverage would seem to benefit drivers on Interstate 10 more than Yucaipa or Redlands residents. Royal Street serves Metro PCS users.

“It’s an industrial area, so it’s a tough call,” said commissioner David Alban.

Arvizu said the company prefers to colocate — “we do not like owning towers,” she said.

After the meeting, Smyth said what bothered her most was Royal Street signed a lease before going through the legal requirement of investigating colocation.

Arvizu said the company needs to honor the lease with the Yucaipa business owner.

“The legal team was told the lease existed prior and we need to respect that,” she said.

Carol Smith, who helped lead a group opposing a 90-foot Sprint tower in Prospect Park, contacted Smyth in December to offer support.

“It was such a lesson for me — I got thrown into the role of leading the neighbors,” she said.

She said it was one of the most stressful times in her life, and it must be even tougher to Smyth and her sister to go it alone.

She and her neighbors brought “all the arguments I could think of” — historical, health, financial, she said. She circulated a petition and a newsletter.

In the end, it came down to her group showing that Sprint had deceived the Environmental Review Committee and the city about changes in its proposal.

“We had argued all along Sprint had not changed their plans from the beginning,” she said.

She said the tower was a watershed for the cell tower issue in Redlands.

“It was the first truly contested tower that went through the motions,” Smith said. “We were able to get residents to show concerns.”

She said the commission and the city were in the difficult position of having to deny their own interests and those of a large corporation.

“I think the city was so convinced it would help with the budget problems,” she said. “It’s just very hard to argue against money.”

She said the groups’ attorney told her after Sprint pulled out he did not think it could be done.

“It’s a very difficult thing, but it was so worth fighting for,” she said. “I’m glad we stuck it through.”

Yucaipa teen faces arraignment on arson charges

SAN BERNARDINO — A 16-year-old Yucaipa teenager is scheduled
to appear for arraignment Thursday in Superior Court on arson charges
in connection with wildfires in Yucaipa and Oak Glen in August.

Ricky Sean Lukacs appeared in court last month for arraignment
in San Bernardino Superior Court, but it was delayed when his lawyer
argued that prosecutors charged Lukacs with the same charges in
juvenile and adult courts.

Deputy Public Defender Stephan Willms filed a motion to
challenge the charges, and a decision could be made Thursday. Lukacs
faces two felony counts of arson in adult court, according to
prosecutors.

The pair of blazes burned more than 1,000 acres in late August.
A sheriff’s deputy saw Lukacs the following month near the Sept. 23
Crafton Fire, and he was taken into custody.

Prosecutors also charged Lukacs with 12 to 14 wildfires, dating back to 2006, in juvenile court.

Lukacs faces up to nine years in state prison, if he is convicted in adult court, say prosecutors.

Originally posted by Staff Writer Mike Cruz.

Cell tower issue back before Yucaipa commission

YUCAIPA — The Yucaipa Planning Commission will again hear the case for and against a cell phone tower proposed for the border of Redlands and Yucaipa tonight.

Pamela Smyth has been opposing plans to build a 65-foot cell phone tower at the edge of her property on Outer Highway 10, which is considered in Redlands. The property where the company wants to build the tower is in Yucaipa.

The tower is proposed by Royal Street Communications for Metro PCS users. The company is requesting a conditional use permit, which was continued from the Dec. 16 meeting so Royal Street could modify the proposal.

The cell provider is proposing “new elevations for the antenna. Instead of a monopine, they are proposing a cypress `tree’,” according to today’s agenda.

The provider has a lease with the Yucaipa property owner. The new proposal would move the pole farther north – “closer to the street and farther from the residence to the south,” Yucaipa planner and community development director John McMains said.

Cell providers are required to look into colocating – sharing a tower with another provider.
Royal Street Communications representatives could not be reached for comment Tuesday.

“They’re (still) proposing their own pole – the pole they would colocate on already has another antenna on it, so for them to go on it would be so low they would not get the coverage they needed,” McMains said.

Redlands real estate agent Russ Huston, who owns property near Smyth and has a pole for cell phone providers, said he was not contacted by Royal Street about using his pole.

“I confirmed there is room for them to colocate on my site,” he said. “As far as I’m concerned I have room for them … my location is built in a way to accommodate other cell sites.”

Huston said Royal Street’s original application said the company tried to colocate on both nearby sites, but found neither would work. Smyth said the key is to explain why colocation can be done.

She is sending a letter to the Yucaipa city manager confirming her property is in Redlands and asking the city to follow its own ordinance, which requires cell towers to be as far from a residence as the height of the tower. Royal Street originally proposed to build the tower 46 feet from Smyth’s house and agreed at the Dec. 16 meeting to change it to 65 feet from the home.

Huston said Royal Street’s lease with the Yucaipa property is not binding if the city does not approve the project. The company will not negotiate colocating with him unless the city denies the conditional use permit, he said.

Smyth gave a presentation at the Dec. 16 meeting using digitally altered photos showing how the tower would ruin the view from her large living room window.

Smyth’s mother, and later Smyth, remodeled the 85-year-old farm house to command views of the mountains, she said.

Man arrested in Calimesa on possible drug sales

A man was arrested early Friday morning during a traffic stop in Calimesa on suspicion of selling methamphetamine.

A Riverside County sheriff’s deputy, who was
assigned to Calimesa, stopped a car being driven by Louie Rosales, 42,
on suspicion of committing a Vehicle Code violation at 1:15 a.m. near
Calimesa Boulevard and Sandalwood Avenue, according to the Riverside
County Sheriff’s Department.

The deputy saw Rosales, of San Gabriel,
attempting to hide something in the floorboard of his vehicle,
sheriff’s officials said. The deputy also saw a plastic bag protruding
from one of Rosales’ shoes.

After further investigation, authorities found
7.2 grams of suspected methamphetamine in Rosales’ possession. He also
had several small bags, packaged equally, that were consistent with
illicit drug sales, said sheriff’s officials.

The approximate street value of the suspected
methamphetamine is $720. Rosales was booked into Larry Smith Correction
Center on suspicion of possession and transportation of methamphetamine
for sales.

Anyone with information about the incident is asked to call Deputy Burke at (951) 922-7100.

Originally posted by Staff Writer Mike Cruz.

Deputies kill mountain lions in Yucaipa and Trona

San Bernardino County sheriff’s deputies shot and killed two mountain lions on Wednesday, one in the backyard of a Yucaipa home and the other on the porch of a house in Trona.

A homeowner in the 12000 block of 17th Street called for help about 11:40 a.m. after spotting a young mountain lion in the backyard. Officials said the deputy shot and killed the wild cat, who is believed to have eaten several small neighborhood pets in recent days.

The other mountain lion was first spotted on Tuesday near Fifth and F streets in Trona after it ate a pet. Residents said they were concerned for small children who waited at bus stops in the area.

About 8:30 a.m. Wednesday, a resident called deputies because the mountain lion had apparently killed one of her animals and was lounging on her porch.

The cat was still there when deputies arrived, and was shot and killed “in the interest of public safety,” officials said.

Originally posted by Staff Writer Stacia Glenn.