saturday, may 21, 2016 a7 local christine peterson ... · the bakersfield californian...

Reader: As the Obama administrationcontinues the Hellenization of our nation’sschools, some parents and politicos are out-raged at the demand that children of allsexes be allowed to shower and use all rest-rooms together. The greatest hang-upappears to be the possibility that childrenwith different genitalia will be naked in eachothers’ company.

Can it be mere coincidence that PlannedParenthood has decided to get into the sex-

change operation business? After all, theyhave been performing abortions on school-girls for decades without the parents’ knowl-edge or consent in the name of privacy. Nowthey could turn boys into girls and vice versathrough the school system without inform-ing the parents, as “the student maynot want to involve their parents intheir gender transition” (USAToday, May 14). Perhaps theycould even start an in-schoolorgan donation program.

— Carl Guilford

Price: Planned Parenthood isnot getting into the sex reassign-ment surgery business — notfor minors, not for any-one. Planned Parent-hood provides trans-

gender hormone services, but patients mustbe 18.

Last Saturday, in our USA Today section,we published a synopsis of a U.S. Depart-ment of Education letter to school districts

that included guidance on how transgenderstudents are defined and how they

are identified. “The Department ofEducation says schools cannotrequire a medical diagnosis orother documentation to provetransgender status,” it read inpart. “The guidance assumes thatthe parents of students under 18

will inform the school. But it alsosuggests that in some cases, the stu-

dent may not want to involve theirparents in their gender transi-

tion.”Ideally, transgender-

ing students will let mom and dad in on thefact that they want to make this dramaticchange, but it’s understandable that somemay be afraid to do that.

I know (or maybe just hope) your tongueis somewhat in your cheek, but if you’re seri-ously suggesting that Planned Parenthood isprepared to start taking scalpels to childrenwithout even asking their parents about it,you’re wrong on all counts. That’s a realdoozy.

•••Reader: Regarding your comment in the

BY STEVEN MAYER The Bakersfield Californiansmayer@bakersfield.com

Adding to a long string of law-suits being filed against local lawenforcement, a 19-year-old manparalyzed from the waist downafter being shot last year by a Bak-ersfield police officer who foundhim sleeping in his car is suing theofficers involved and the City ofBakersfield.

The lawsuit, filed in U.S. DistrictCourt in Fresno on Tuesday —exactly one year after the incidentin question — claims the plaintiff,Gilberto Fajardo, “was asleep,unarmed, and did not pose a

threat of death or serious bodilyinjury to anyone” on the eveningof May 17, 2015, when he wasapproached in a church parking lotby Bakersfield police officers LindyDeGeare and Juan Orozco.

“It’s very tragic,” said Fajardo'sattorney, Neil Gehlawat, of theBakersfield law firm Chain CohnStiles. “We’re talking about a veryyoung kid who is now paralyzedfor the rest of his life.”

Fajardo was essentially homelessat the time. While he was oftenable to stay with siblings, that nighthe was left with only one option,sleeping in his car.

“He was there because he

believed the safest place he couldsleep was in a church parking lot,”Gehlawat said.

Bakersfield City Attorney GinnyGennaro said Friday she was awarethe lawsuit had been filed, but thecity had not been served with it.

As soon as the city is served, thecase will go to outside counsel,Gennaro said. She noted there willcertainly be two sides to the story.

According to the timeline out-lined in the complaint, the frontdriver’s-side window was rolleddown about three inches whenofficers arrived at the church lot inthe 600 block of Planz Road for a“check the welfare” call.

The complaint says Orozco andDeGeare began yelling profanitiesat the plaintiff, who awoke “star-tled and perplexed.”

Orozco broke off both the driv-er’s-side and passenger-side doorhandles, then “proceeded to bash

in the front windshield of plaintiff’svehicle after plaintiff turned on hisvehicle,” the complaint states.

The lawsuit continues: “DeGearethen shot plaintiff multiple timeswhile he was in the vehicle. One ofher shots pierced plaintiff’s spine,causing him to become paralyzedinstantly from the waist down.”

No longer in control of his body,the plaintiff’s foot collapsed on theaccelerator, causing his vehicle toslam into a nearby van, it said.

According to the timeline, thetwo officers then dragged Fajardofrom the vehicle and onto thepavement, jumped on him, kneed

Woman takesplea deal inArvin doublehomicide

PHOTOS BY ROD THORNBURG / FOR THE CALIFORNIAN

Javier Hernandez, left, of the California Department of Corrections and Rehabilitation, goes at it with Eric Medrano from the CaliforniaHighway Patrol at the 22nd annual Battle of the Badges. The fundraising boxing event was held Friday night at CSUB’s Icardo Center andput on by Bakersfield Police Activities League, a nonprofit charitable organization.

ABOVE: Jared McCombs of the Tehachapi Police Departmentgets a hard blow from German-Lira Carrillo, fighting for the U.S.Navy. Carrillo got a TKO for the win.

RIGHT: Women show the crowd signs showing who issponsoring the round. See more photos on page A10.

Is Planned Parenthood now surgically transgendering kids?

Please see LAWSUIT / A8

“We’re talkingabout a very youngkid who is nowparalyzed for therest of his life.”— Neil Gehlawat, plaintiff’s attorney

BY JASON KOTOWSKIThe Bakersfield Californianjkotowski@bakersfield.com

A woman accused of instigating a shoot-ing in an Arvin bar that left two men deadpleaded guilty Friday to three felonies andfaces 12 years in prison.

Lourdes Olvera, 30, entered guilty pleasto attempting to dissuade a witness andtwo counts of soliciting a murder.

She had faced thedeath penalty whenfirst charged withmurder in thekillings. Prosecutorslater waived deathbut sought lifeimprisonment dur-ing a trial thatended in a hungjury March 3.

Prosecutors dis-missed the murdercharges under theplea deal.

“This is thebeginning of the end of a very sad case forher,” said Olvera’s attorney, Deputy PublicDefender Paul Cadman.

He said Olvera has completely lost faithin the criminal justice system due to thefirst trial and comments jurors made after-ward. Some jurors said she “looked evil,”Cadman said, and had made up their mindshe was guilty before deliberations evenbegan.

The trial ended with jurors voting 11-1for guilty. The lone holdout later reported“all kinds of misconduct” on the part of thejury, Cadman said.

Olvera didn’t kill anyone, the attorneysaid. She cooperated with police andhelped them find the shooter.

“And the thanks she got was beingcharged with murder and facing the deathpenalty,” he said.

Olvera will begin serving her sentence asprosecutors focus on the accused shooter,Olvera’s former boyfriend.

Homeless man sues after police shooting

SATURDAY, MAY 21, 2016

A7 Robert Price • Phone: 395-7399 • Email: rprice@bakersfield.comChristine Bedell • Phone: 395-7417 • Email: cbedell@bakersfield.com

Christine Peterson • Phone: 395-7418 • Email: cpeterson@bakersfield.comLLocal

Please see OLVERA / A8

Sound Off

Please see SOUND OFF / A9

This feedback forum is designed to givereaders a way to voice criticisms andcompliments or ask questions about TheCalifornian’s news coverage. Your questions —which may be edited for space — areanswered here each Saturday.

ON THE WEBFollow Price on Twitter: @BakoEditor.

Robert Price

NEWSROOM EDITORS

Battle of the Badges

Olvera

A8 The Bakersfield Californian Saturday, May 21, 2016

OBITUARY NOTICESJane B. Jones

April 21, 1946 - May 8, 2016

Jane will be remembered for herlove of family and animals. Jane issurvived by sons Mark and TroyReiss, sister Judy Copeland,sister-in-law Gina Castillo andfriends and extended family. She ispreceded in death by husbandDavid Jones and son Scott Reiss,brother Jim Russell, parents Clydeand Mildred Russell, andbrother-in-law Jim Copeland.

We Love You!

www.bakersfield.com/obits

Bruce Vernon WinnJune 19, 1954 - May 18, 2016

Bruce Vernon Winn, born June 19, 1954, passedaway surrounded by his loving family after ahard-fought battle with melanoma on May 18, 2016.

Bruce was the son of Norman Winn and HelenHeightsman Gordon and was raised in Visalia, CAwhere he was an All-American tennis player atMount Whitney High School. As a member of TheChurch of Jesus Christ of Latter-Day Saints, Bruceserved a mission in Uruguay and Paraguay, anddevoted time as a beloved teacher and leader in thechurch. Bruce graduated from Brigham YoungUniversity, and married Pamela Wilcox Taylor in1977 in the Oakland LDS temple. Bruce and Pammade their home in Bakersfield where he worked forover 30 years in agriculture supply. He enjoyed golf,BYU sports, music and reading but his greatest joywas found in spending time with his family.

He is survived by his wife Pam, four children -Tiffany Rueckert, Travis, Tyler and Cortney Rudez,

eight grandchildren, mother Helen, brother Brent and sister Holly Willner. Services will be held on Monday, May 23, 2016 at the LDS church on 5500Fruitvale Ave, Bakersfield, CA. The family will be receiving friends at 10 am,service to follow at 11 am. He will be laid to rest at Elysian Gardens in Salt LakeCity, Utah on May 27, 2016 next to his father. His family would like to thank theOlive Knolls LDS ward for their continuous love and service, and John Lake andRain for Rent for their overwhelming support and compassion.

I have fought a good fight, I have finished my course, I have kept the faith.2 Timothy 4:7

www.bakersfield.com/obits

Jesus Hernandez MartinezNovember 18, 1921 - May 16, 2016

Jesus Hernandez Martinez, 94, died on Monday,May 16, 2016 following a brief illness. Jesus knownas “Chuy” by friends and family was born in SanJuan del Rio, Durango, Mexico on November 18,1921.

He is preceded in death by his wife NativdadMartinez.

Chuy had a strong will and lived life as he wantedto the very end. His strong faith in God gave himpeace and strength. Chuy taught us that the simplethings in life is what brings a person true joy andhappiness- family, faith and love. We will miss hiskind and giving soul but know he is at peace andjoyous in heaven.

A Rosary will be held on May 22, 2016 at BashamHopson Chapel, 620 Oregon Street, Bakersfield at6:00pm and a funeral service will be held May 23,2016 at Our Lady of Guadalupe Church, Bakersfield,CA at 10:00 am.

www.bakersfield.com/obits

Services scheduledNicholas “Nick” Kenley, 25, Bakers-field, May 14. Memorial service 10 a.m.May 24, Southwest Christian Center,3700 Stine Road. Additional info atwww.kernriverfamilymortuary.com.Kern River Family Mortuary, Oildale.Services pendingNorma Armendariz, 55, Bakersfield,May 20. Greenlawn Funeral HomeSouthwest.Deena Diane Findley, 44, Bakersfield,May 19. Greenlawn Funeral HomeSouthwest.Mary Jane Stewart, 93, Arvin, May 20.Greenlawn Funeral Home.No servicesJoel Duane Thomas, 74, Bakersfield,May 18. Doughty-Calhoun-O’MearaFuneral Directors.Michelle H. Williams, 42, Lake Isabel-la, May 11 in Bakersfield. Kern RiverFamily Mortuary, Oildale. TO OUR READERSThe Californian provides free listingsof pending services supplied by localmortuaries. To place an Obituary orIn Loving Memory, call 395-7302. Theywill be posted at Bakersfield.com at 9p.m. on the day before publication.

Prosecutors say Olvera called theboyfriend, Juan Pablo Vega, and told himto come to El Potrero Night Club theevening of June 8, 2015, and shoot twomen who were bothering her. Vega arrivedat the bar shortly after their last phone calland gunned down Jorge Zavala and Fed-erico Moreno.

A third man was shot but survived.

Deputy District Attorney David McKil-lop has said Olvera knew Vega carried agun at all times and was willing to kill forher. She called him multiple times thatevening, and McKillop said witnesses atthe bar said they heard her talking aboutgetting Vega to carry out the shooting.

Vega is charged with murder and isscheduled to go to trial Aug. 15.

A third defendant, Salvador Chavez, haspleaded no contest to being an accessoryto the crime and was sentenced to timeserved and five years' probation.

OLVERACONTINUED FROM A7

him and handcuffed him, causing furtherinjuries.

The following July, a BPD Critical Inci-dent Review Board cleared DeGeare in theshooting. She was returned to full duty.

According to a BPD investigation, theincident unfolded when DeGeare andOrozco came upon a vehicle backed into aparking stall surrounded by large vans oneach side and across the parking accesslane.

Fajardo was in the driver’s seat slumpedover the steering wheel.

The vehicle was not running and thedriver's-side front window was loweredseveral inches, the BPD said.

There were no license plates on thevehicle; a license plate found in the dashreturned to a different make and modelvehicle, the department said. It wasunclear if the vehicle was stolen.

Plaintiff’s attorneys say it was not, andFajardo was not charged with auto theft.

According to the BPD’s timeline, offi-cers woke Fajardo, identified themselvesand asked him to step out of the vehicle.

“During their several minute conversa-tion with Fajardo, the officers orderedhim to exit the vehicle numerous timesand he refused,” police said in a newsrelease.

Fajardo rolled up his window, startedthe vehicle, revved the engine and rapidlyaccelerated out of the parking stall, policesaid.

DeGeare, who was on the driver’s side,lost sight of Orozco, who was on the pas-senger side, the BPD said.

“Believing her partner had been or wasbeing run over, she fired her duty firearmat Fajardo, striking him,” police said in therelease.

Fajardo hit a van that was parked acrossthe parking access lane from where hewas initially parked. Fajardo was taken toKern Medical for treatment.

DeGeare and Orozco were not hurt.Adding insult to injury, Gehlawat said,

Fajardo was charged with assault with adeadly weapon, the weapon being thevehicle.

Should he be convicted in criminalcourt, it could bar the civil case from mov-ing forward, Gehlawat said. Should Fajar-do be acquitted, it could open the possi-bility of a malicious prosecution claim.

LAWSUITCONTINUED FROM A7

THE BAKERSFIELD CALIFORNIAN

Police arrested a fourth and final sus-pect wanted in connection with a beatingat a medical marijuana dispensary inMarch.

David Michael Vinson was arrestedThursday in the 2000 block of South HStreet and is charged with crimes includ-ing attempted murder. Three other men— Jonathan Vinson, Jessie Cupis and JuanRuiz — have previously been arrested andhave a court hearing scheduled for June 2.

Police say the men entered the GreenDoor Cafe in the 800 block of H Street onMarch 30 and beat a man, striking him inthe head with a gun. The man sufferedmajor head injuries.

A fire at a west Bakersfield apart-ment building Thursday eveningcaused an estimated $200,000 indamage and injured one person, fire-fighters said.

Arson investigators are looking into thecause of the fire that broke out in the 5100block of Marsha Street at 6:50 p.m. anddamaged eight apartments.

One person was treated for respiratoryissues, and 27 residents were referred tothe Red Cross for assistance.

A man disguised as a techniciantried burglarizing a residence east ofCal State Bakersfield earlier thismonth, but fled after an alarm sound-ed.

The incident occurred in the 7400 blockof Calle Privada between May 6 and May9, police said. The man entered the homethrough a garage window.

The suspect is described as Hispanic, inhis 30s, 5 feet 8 inches to 5 feet 10 inchestall, 200 pounds, black hair that was possi-bly a wig, medium complexion, blackmustache and goatee. He wore an orangelong-sleeve shirt, dark blue jeans andblack shoes.

He drove a 2000s dark blue DodgeCharger.

Anyone with information is asked tocall Detective Brian Looney at 326-3541 orthe BPD at 327-7111.

Fourth suspect arrestedin pot shop beating

Public safety

Worth Noting | Business

BY JOHN COXThe Bakersfield Californianjcox@bakersfield.com

Workers at three Bakersfield hospitalsvoted this week to join the SEIU-UnitedHealthcare Workers West labor union.

Monday’s vote puts 64 clinical lab sci-entists at Bakersfield Memorial Hospital,Mercy Hospital Downtown and MercyHospital Southwest — all owned by SanFrancisco-based Dignity Health — underthe umbrella of a union with more than85,000 members across the western Unit-ed States.

Vacancies in Bakersfield’s overalloffice market became a bit more rareduring the first three months of thisyear, even as some of the city’s bestwork spaces suffered a decliningoccupancy rate, according to a newreport.

The report by Cushman & Wakefield |Pacific Commercial Realty Advisors saysthe overall market improved from an 8.3percent vacancy rate at the end of 2015’sfourth quarter to 8.1 percent in this year’sfirst quarter.

Meanwhile, Class A office space, thecity’s most desirable offices, went from 10

percent vacancy to 10.5 percent, the bro-kerage reported. It said asking rents forsuch space held almost unchanged at$1.77 per square feet.

The city’s medical office market tight-ened, with overall vacancies going from 10percent at the end of last year to 9 percentin the first quarter, Cushman & Wake-field’s report says. Asking rents improvedslightly to $1.79 per square foot from $1.78in the fourth quarter.

An upcoming event at Mercy Hospi-tal Downtown will highlight a localinternship program available to peo-ple with disabilities.

Project SEARCH, offered by PathPoint ofKern County, will be the subject of anopen house from 11 a.m. to 1 p.m. at thehospital, 2215 Truxtun Ave.

The program is a year-long, competi-tively awarded internship giving peoplewith disabilities the opportunity to gainwork experience and serve on hospitalrotations.

It also includes career developmentclasses.

PathPoint is having its own open housefrom 5:30 to 7 p.m. Thursday at 4701Stockdale Highway.

Hospital workers vote to unionize,local office market improves

BPD

ABOVE: Suspect in attempted burglaryof home in 7400 block of Calle Privada.BELOW: Vehicle of suspect.