ER - Churchill sentencing continued due to plea error

Another plea bargain and confusion in the courtroom....

Churchill sentencing continued due to plea error
by Kara D. Machado, 12/13/2006

Due to a plea agreement error, William Richard Churchill’s sentencing was postponed Wednesday.

Humboldt County Deputy District Attorney Jeffrey Schwartz and Churchill’s attorney, Russ Clanton, met with Humboldt County Superior Court Judge Christopher Wilson at the beginning of proceedings to discuss the matter before Clanton talked quietly with his client.

Last month, Churchill pleaded no contest to a plea of assault, with serious bodily injury, during a time Schwartz — the prosecutor in the case — was not available to be in court.

Schwartz said there was confusion with the Deputy DA present at the prior plea proceedings on what plea bargain was actually agreed upon by both the prosecution and defense.

Wednesday, everything was cleared up, with Churchill pleading no contest to his agreed-upon plea — aggravated assault with a deadly weapon — being a knife.

At sentencing, Churchill faces a maximum of four years in prison and a minimum of three years probation, Schwartz said.

The plea is also a strike offense, meaning if Churchill is subsequently convicted of another felony, that penalty would be doubled. A third strike is punishable with a prison term of 25 years to life.

Schwartz said he would not argue against anything the probation department and, ultimately, Wilson decide to sentence Churchill to — even probation.

Churchill’s case stems from an altercation that occurred on Jan. 25 at The Shanty bar in Old Town, Eureka, after Churchill, 31, of Eureka, in which Matthew Fordham, 26, of Eureka, was ultimately stabbed multiple times.

Churchill’s initial charges include the attempted murder of Fordham.

During Wednesday’s proceedings, Fordham spoke about the altercation.

Fordham pulled up his sleeves and the bottom of his shirt to show Wilson his scars.

Wilson asked Fordham how the altercation began.

“It started as an argument on the telephone (and) he said he was going to come down there,” Fordham said. “I honestly didn’t think he’d show up, (and) 45 minutes later he was just there.

“We started rolling around, wrestling on the ground and it got broken up.”

The fight was broken up, Fordham said, and Churchill ended up outside.

“I was still upset and went out there,” Fordham said.
Fordham said he didn’t really know what to expect, but “kind of” knew the altercation would continue.

“I was hoping we could settle (our) differences,” Fordham said, “so if we ran into each other on the street (the fighting) wouldn’t happen all the time.”

After court, Clanton said Fordham had “tackled” Churchill when he had went outside The Shanty.

“Churchill was put in a position to defend himself,” Clanton said. “There is no dispute that Fordham started the altercation (with the initial calls).”

Schwartz said Fordham was stabbed between 17 and 19 times, with some stabbing/slashes piercing Fordham’s liver and puncturing a lung.

Churchill kept his body and head turned toward Wilson Wednesday, not making eye contact with Fordham.

Churchill will return to court at 2 p.m. Jan. 12 for sentencing.

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