2.26.2010

TS - Hug your children

Hug your children
Letters to the editor

What has happened to our justice system?

In early 2008, Jason Bradley Whitmill was sentenced to 16 months in prison for one of his 17 times in criminal court in Humboldt County since 1997. On Oct. 6 an intoxicated, uninsured, unlicensed, Jason Whitmill along with Anthony Flores, owner of the Mustang with no insurance, took the life of Nicole Lynn Quigley.

In a few seconds these people destroyed the lives of an entire family. After lying and covering up evidence in a murder investigation for several days Chen Marcelli, registered owner of the uninsured Pontiac, is out on the street and after three weeks of searching for Jodyne Aubrey who covered up evidence in a murder investigation she was apprehended in Crescent City. We are now told Aubrey will not be charged in this accident.

Who is responsible for the fact that Jason Whitmill was not in prison on Oct. 6, and therefore responsible for the fact that I will never get to watch my precious Nicole dance, play soccer, go to her first prom, etc?

To all you responsible people out there a bit of wisdom from a grieving father, give your children a big hug and tell them you love them every chance you get and also make sure you have uninsured motorist coverage on your auto policy.

Kenneth Quigley
McKinleyville
Posted: 12/03/2008 01:15:16 AM PST
From comments:

Mart
Dear Mr. Quigley and family,

I also believe that there is a real lack of local justice. Most of the punks that are arrested seem to be back on the streets before the police officer is off duty.
I am extremely saddened that little Nicole's life and future were taken away from you and your family by these scum!
May Nicole's big heart, kind smile, warm touch and memories bring peace and love to your family. I am so very sorry. You are so right when you say to hug your children every chance you get.
From my family to yours - may God bring you strength and love to get through your loss of Nicole. You will be in our thoughts and prayers this holiday season.

anonymous
I hate to say it, but I have lost all faith in the justice system.
It's obvious the concern is not placed with protecting the public at large.

I'm so sorry for the loss that you and your family will continue to endure. My thoughts and prayers are with you.

anonymous
My thoughts and prayers are with the Quigley family and all others that are being victimized because we either can not or will not do something to change the injustice in this community.

Another shining example of the incompetence of our criminal justice system. Another example of the "get out of jail free" cards issued to criminals by a DA who doesn't care about anything except for lying to the public and cashing his pay checks of what is it 13 or 14 THOUSAND DOLLARS A MONTH for doing nothing except for letting dangerous guys out of jail.

argumentum
Once a felon is behind bars, we think the public will be safe for a while. Then a story comes to us like the one in today's Times-Standard.

"Judge leans toward early release of California inmates - The Associated Press
SAN FRANCISCO — A federal judge on Tuesday said releasing inmates early may be the best remaining option for ensuring that California prisoners receive ade quate medical care..."

It may be best for the prisoners, but it is an unbelievable outrage to the people who were victimized by these prisoners. And to the people who will soon fall victim to these prisoners if they are released early from prison.

We like to think the judges in our system are intelligent and moral human beings. I hope it is not just wishful thinking on our part.

Caring friend
Anonymous, is Jodyne Aubrey related to Susanne Aubrey accused of kidnapping a 6 year old boy?

Friend of the family
Kenny I can't even imagine what you and Debbie are going through right now. Not only has someone taken away your daughter but also has left you with a financial burdened as well. With even more doctor bills and court costs to come... Our thoughts and prayers are with you and your family.
I questioned my faith at times, wondering how such a horrible thing could happen to such a wonderful girl who was so full of life... Why God would not step in and make a miracle of Nicole's story instead. I have to believe it is because there is a greater purpose and God had a bigger plan for Nicole. I guess if you don't try and believe this then this is a crazy world we live in.
Take pride in the fact the your 9 year old daughter touched so many people young and old.... That she was an amazing young lady with zest for life.
I am sorry you will never see Nicole again on earth but I know she is waiting for you, Debbie and Ashly in heaven... God Bless your family and my prayers will be with you during the holidays..

josephine blowe
Mr. Quigley

Please accept our deepest condolences on your horrendous loss, and our best wishes for your wife to have a full recovery. As to the ultimate responsibility for Mr. Whitmill, you need look no further than the District Attorney. His priorities appear to revolve around marijuana and usurpation of private property rights. This seems to leave little time for the prosecution and terminal incarceration of recidivist scum.

Perhaps if Mr. Gallegos paid attention to the niggling details of a repeat offender, a repeat felony offender, instead of pursuing the former Blue Lake PD, we would have not had this outcome, and your darling little girl would still be here.

As for the female accomplices in this matter, they should face the harshest possible penalty, but as above detailed, they walked and give credence to the popular (in certain circles) nickname for Mr. Gallegos: The Distingushied ****.

just a thought
anonymous wrote:
My thoughts and prayers are with the Quigley family and all others that are being victimized because we either can not or will not do something to change the injustice in this community.
Another shining example of the incompetence of our criminal justice system. Another example of the "get out of jail free" cards issued to criminals by a DA who doesn't care about anything except for lying to the public and cashing his pay checks of what is it 13 or 14 THOUSAND DOLLARS A MONTH for doing nothing except for letting dangerous guys out of jail.
I've seen alot of people blaming the D.A. on this issue, but he isn't the one issuing a sentence. A judge has the final say. Has Whitmill had the same judge on all his charges ? Just a thought, something to look into ?? On parole violations it is the parole boards, or parole officers judgement on the call to send the parolee back to prison.A judge or the D.A. isn't even involved.I totally agree this person shouldn't have been out on the streets, but who's "lap" does it really fall into ? Again, just a thought....

A MOM
The night this incident happened I heard about it. It took me hours to fall asleep. I have two young children and I could not imagine what it would feel like to lose one of them. I vowed after this to spend more time with them, do more fun things with them.... just be silly and play with them. I know what happened has impacted my life and my families. My thoughts are with you and what happened to your family and made me make some important changes in my life. I will not take any time with my kids for granted, not anymore.

red
Just a thought, while the judge does impose sentence, if there is a plea-bargain with a stipulated sentence then he or she is bound by that plea bargain. This was a new term so parole and the parole commission don't come into it. Sixteen months is the low term for the felony (I believe that it was a VC 2800.2, reckless evading) which makes me think that there was a plea bargain with a stip to the low term. Looking at the previous TS stories it would appear that Whitmill had a 1203(e)(4) limitation, meaning he had two prior felony convictions and therefore was eligible for probation only in an unusual case. If indeed the DA offered a plea with a low term then the senetnce is his responsibility.

anonymous
Just a thought said: "I've seen alot of people blaming the D.A. on this issue, but he isn't the one issuing a sentence. A judge has the final say."

No. The majority of time the DA has input and actually makes the sentence a part of the plea bargain. Also, the DA is responsible for the plea bargain.

tsiwhlan
Six Rivers Ntl Forest, CA
Caring friend wrote:
Anonymous, is Jodyne Aubrey related to Susanne Aubrey accused of kidnapping a 6 year old boy?
No.

Anon
This one is on Gallegos' shoulders. The DA's office clearly abused the plea bargain system to create a revolving door for a repeat felony offender. If the DA's office had done its job and made sure the menace to public safety stayed off the streets, Nicole would be alive today.

anonymous
But anon - none of them care. Most are recent grads from law schools. One has had his bar card revoked. None can get jobs anywhere else and anyone of with any experience won't work for the Dip DA. Nobody is minding the store and the revolving door keeps letting even worse and more dangerous criminals out on the street.
***
Related:
09
Whitmill and Flores trial date delayed another month 08/04/2009
Whitmill, Flores take District Attorney's deal 12/05/2009
Jury selection begins in trial of Whitmill, Flores 11/23/2009
Whitmill, Flores trial to proceed 11/10/2009
Motion denied to suppress blood sample in Whitmill case 11/06/2009
Whitmill faces murder charge for alleged role in crash 10/15/2008
Quigley family, friends remember 9-year-old Nicole 10/06/09
Nearly one year ago 10/01/2009
Case surrounding fatal crash on Highway 299 delayed 09/15/2009
Too many delays 9/10/09
Legal maneuvers slow case of men charged in 9-year-old's death 09/01/2009
Whitmill and Flores trial date delayed another month 08/04/2009
Evidence, charges unchanged against Whitmill 07/17/2009
Evidence for second degree murder charge? 06/19/2009
Thinking of the Quigleys 05/29/2009
Remember Nicole 05/08/2009
Looking forward: Quigley family watches and waits as case continues 05/17/2009
Defendants in 299 wreck plead not guilty 03/28/2009
Judge holds Whitmill, Flores to answer for 299 wreck 03/14/2009
Wife refuses to testify against husband at preliminary hearing 03/13/2009
Investigator testifies suspect in fatal crash changed story 03/12/2009
Officer testifies about 299 crash at prelim 03/11/2009
Preliminary hearing over Highway 299 wreck continues 03/10/2009
Superior Court delays hearing in 299 crash case 02/11/2009
Broken system 01/23/2009

08
Hug your children 12/03/2008
Vehicular manslaughter suspect has extensive criminal history 11/13/2008
Whitmill-Flores hearing continued 11/06/2008
Street race case waiting on CHP reports 10/23/2008
Authorities seek Mustang passenger for questioning 10/17/2008
Court document: Flores tried to 'subvert' investigation 10/16/08
Whitmill faces murder charge for alleged role in crash 10/15/2008
Authorities arrest driver of Mustang 10/10/2008
New driver named in fatal collision 10/09/2008
Search continues for other driver in fatal crash 10/08/2008
◼ ER Parolee named as driver in fatal collision
◼ TS New driver identified in fatal crash
◼ TS New driver named in fatal collision
TS Update: ☛ TS Police still looking for driver
◼ TS Driver sought: Suspected drag race on 299 results in fatal crash

Note: there were other articles in the Eureka reporter, but none are available online anymore.