Our community has been under a Shelter-in-Place Order, of varying scopes, for four months—one third of 2020 so far.  It’s been a roller coaster of regulatory changes and we’ve all had to adapt and re-adapt. This week we had another change: the Governor announced a statewide re-closure of certain sectors of our economy (indoor dining, bars, wineries, movie theaters, zoos and museums, and entertainment centers). In the weeks ahead, more closures may occur given the rising COVID-19 numbers across the state.

After years of community discussion and hard work, the Scotts Valley Community Theater Guild (SVCTG) is almost ready to unveil its new Performing Arts Center (PAC)!  Ray Gorski, the Guild Secretary and member in charge of volunteer coordination, estimated more than 50,000 hours of volunteer work has made the one-time roller rink into a promising PAC.  Sharing the building with the Scotts Valley Library, the high ceilings, vast concrete floors, and newly painted walls lend great potential to any performance art piece.

 In response to Santa Cruz County’s ongoing Shelter in Place Orders, Cabrillo College Extension has moved many of its popular workshops and summer camps to a virtual format with live instruction. Classes in creative arts, culinary, health & wellness, home & garden, as well as Extension’s summer youth camps are offered via live instruction that can be enjoyed from home. Students can interact with instructors and fellow students to complete projects and learn new skills, and classes are full of instructor-led demonstrations, social interaction, and expert guidance.

St. Philip the Apostle announces the Call of Rev. Katherine B. Doar as their Priest-in -Charge.  Katherine’s first day of ministry was Tuesday 9th June and she led her first worship service during St. Philip’s virtual service on Sunday 14th June.

Assistant District Attorney Alex Byers knows a thing or two about the criminal justice system. Byers was a public defender in Kern County office for 6.5 years, beginning in 2002. “I wanted to help people,” Byers told me. When Byers decided to move his family to Santa Cruz, then-District Attorney Bob Lee gave Byers some professional guidance: “You can help far more people as a prosecutor.” Byers took the advice, and he’s been working to apply justice to cases ever since. In 2013, Byers was recognized for his efforts in affecting change; the California Office of Traffic Safety, Mothers Against Drunk Driving, and the Monterey/San Benito/Santa Cruz County AVOID Campaign presented him with an award for prosecuting impaired drivers. The symbolism of that recognition has no doubt loomed large for Byers as he has worked to prosecute Jeremy Shreves, 49, in the death of Felton resident Josh Howard. When Jeremy Shreves crossed over the white line on Highway 9 in February of 2019, striking and killing Howard as he walked along the roadway, Shreves wasn’t drunk or high or stoned. He was administered a Field Sobriety Test (FST) immediately after the accident, and the determination was that he was sober. Sober? Yes. Responsible for Howard’s death? Yes. As a result, the sentence handed down to Shreves felt breathtakingly insufficient to those who have little interaction with the justice system. “A charge of vehicular manslaughter forces us to look at the conduct of the criminal: the frustration is that Josh is dead, and the sentence is minimal. The underlying factor is that there was no intent to kill, unlike murder. We’re talking about negligent conduct, and it’s defined as disregarding a foreseeable risk,” said Byers. The tough thing about the Howard/Shreves case was determining the level of impairment caused by the use of methamphetamines. “One thing that wasn’t clear in the instance where Josh was struck and killed was that while Shreves had meth in his system, he was not impaired by it. The ability to determine impairment for alcohol comes as a known measurement: with a blood alcohol reading of .08, the jury can presume someone is impaired. Other drugs, like meth, require the presence of the substance with a FST. After the collision, the CHP put him through a FST and determined that Shreves was not impaired.” Byers says there are different levels of negligence: falling asleep, driving impaired, running red lights. With a substance like meth, though, it’s difficult to measure its impact on an individual since there is no quantifiable test to gauge the level of impairment it provides. Ultimately, Shreves pled to a charge of felony reckless driving causing injury. “The charge will mean that Shreves will get the supervision he needs,” said Byers, and he wants the public to know that the sentence included a multitude of penalties beyond the jail sentence (which Shreves has already completed due to time served and time off for good behavior). “He has to pay restitution, which I think is important. In addition, he is required to undergo a psych evaluation; if it’s determined that he needs counseling or meds, he’ll get them. He’s getting a substance abuse evaluation—might be inpatient or outpatient treatment, depending on his needs. His driver’s license is restricted. He will have to undergo random drug testing, and he may be searched at any time without cause. He has to attend DUI school—it’s essentially an alcohol awareness school.” I comment that all of this seems minimal for an accident that took Josh’s life, and Byers quickly jumps in. “This was not an accident. He was intentionally distracted. We have to assume that drugs and alcohol have consequences beyond their immediate use. You mentioned the “meth-addled brain” in your first article,” says Byers, and he admits there’s something to that. We discuss how discouraged Kelley Howard was with Shreves’ sentence, and Byers is compassionate. “I totally agree with Kelley, but as a lawyer and prosecutor, I’m required to look at the evidence and apply the law that was violated. Shreves pled to a felony and subsequent DUI,” says Byers. That’s the most aggressive charge that could be summoned.                                                  ________________________________ DESIGN – we need a BREAKER here – a red line or some deisgn to separate “We knew it was going to be a problem,” said Byers. He’s talking about the passage of Proposition 64—The Control, Regulate, and Tax Adult Use of Marijuana Act. “The proposition passed prior to having tests to determine what an impaired driver looks like,” he said. “We keep passing laws that interfere with victim’s rights, and it’s frustrating. I try to help the victims manage their expectations versus reality.” And the three-strikes law? “Very few people qualify for prosecution under the three-strikes law. The passage of Proposition 47, also known as the Safe Neighborhoods and Schools Act, decriminalized drug possession and use, and reduced drug crimes to misdemeanors. Prop 36 affected the teeth of three-strikes, because the law was way ahead of measuring impairment for marijuana use.” Byers says the hits will keep on coming. “In the fall, California residents will vote on a no-cash bail proposal. Criminals will go steal, and we need to be able to slow them down and get them into the services they need. There’s no balance in California,” Byers laments. “We don’t have all the power in sentencing—there are other parties in the room and other considerations,” said Byers. “We don’t win every time we go to court, but we can shape what can happen.” Part of the restraints on the process come from the Department of Justice (DOJ). “Drug test results are sent to the DOJ, and they are tremendously backlogged. It takes too much time to get the results, which can impact our ability to charge the defendant. When filing criminal charges, we still need to know all the facts, so with drug DUIs, we don’t necessarily file immediately. I’ve prosecuted the cases for three years, and I’ve been in the business for 20. We want to get the DOJ on the case ASAP, and we have to stay on them to get them to respond in time. The statute of limitations for a misdemeanor is one year; felonies are longer.” But what about the jail credits for good behavior that cut Shreves’ time by half? “Jail credits are the law,” says Byers. “It used to be (those incarcerated) earned fewer credits, but with overcrowding and the change of laws to give (incarcerated individuals) more credits in county jail, the result is more outrageous in terms of prison sentences. We’re releasing 6,000-8,000 criminals early—they’re the type of individuals that benefit from these policies. I’ve talked to family members like Kelley,” Byers continues, “and when I explain the law and consequences, they are shocked. In the last 5-7 years, our laws have continuously changed to undermine victim’s rights.” So how do we fix this? “Step one: we have to get convictions. Our office has to prove to a jury that the conduct is reflective of the charges. Once we have a conviction, we can begin a discussion about the risk to public safety and victims’ rights in light of the law. The judge and the probation department agreed that the Shreves sentence was appropriate because of the net we’ve created around him. He will be back in court next week so we can make sure he’s doing those things in his sentence. In the court system, it’s frustrating, but we have to work within the system.” Byers wants to clarify an inaccuracy from last week’s article: Shreves has never been charged with armed robbery. He has one prior felony conviction—a string of commercial burglaries in Santa Cruz in 1995. “He’s what I call a misdemeanant [a person guilty of misdemeanors or misconduct]. The most serious charges are around drugs and theft, and he has a conviction for vandalism. Some people have no restraints on hurting people, but not this guy,” says Byers. “When someone is sentenced, we consider his history, and Shreves has a history of not hurting people. For his probation sentence, he got the maximum time. If he violates probation, he can be sentenced to the balance of the term, which is up to three years.” And in the meantime? What can we expect? “Well, we hope that [the threat of] jail time will motivate people, and in Shreves’ case, he’ll be motivated to restructure his life so that he’s no longer a danger to society. He expressed remorse in court and at the scene. We always hope people follow directions and get back on their feet—after all, they’re members of our community—but if he gets another DUI, he’ll go to prison. The problem with prison is it just warehouses people; by being on probation, we’ve asked him to do what he needs to do for his own benefit.” As the Howard family continues to manage the impacts of Josh’s death, Kelley will be appearing on Rosemary Chalmers’ program on KSCO. By giving her grief a voice, her hope is that change may follow for those victims who find themselves at odds with the justice system.  

The Santa Cruz Symphony League announced today that it awarded $68,431 to the Santa Cruz Symphony. Funds were presented during the Symphony League's annual meeting on June 26, which was held via Zoom and attended by more than 50 guests. Cheryl Hammond, newly elected President of Santa Cruz Symphony League, shared plans for the upcoming season, which include online events such as 'Cocktails & Concertos' and 'Musical Trivia'. Hammond ended the Annual Meeting of the Symphony League with a quote from Athenian philosopher, Plato. "Music gives a soul to the universe, wings to the mind, flight to the imagination, a charm to sadness, and life to everything." 

Six months ago, I spoke with Sally Arnold, the Friends of the Rail and Trail Board Chair, about their vision for Santa Cruz County. The non-profit was created in 2002 with the end goal of “a 32-mile rail corridor and pedestrian pathway from Davenport to Watsonville.” Arnold and I caught up this past week, and while FORT’s motivations remain the same, Arnold was excited to share the newest updates on the transportation system.  On June 24th, FORT launched Coast Connect, their newest campaign, with hopes of creating more community support for the Rail and Trail system.  Arnold immediately dove in and explained the need for Coast Connect, “FORT has always been very policy focused and we really excel at that, but it’s so easy for community members to get lost in the details. We realized there was a bell curve of understanding in our community.  We have outliers with strong opinions, but mostly a huge portion of people that don’t know what’s going on with the rail and trail.  How do we reach the middle group and share this excitement with the general public? They’re the ones who will really benefit.” COVID-19 has also thrown a wrench into the wheel of public understanding.  Arnold lamented, “We can’t go to farmer’s markets, fairs, and parades.  We have such a great dedicated team of volunteers that can’t work, so how do we get the news out?”  Like many community members, FORT was in dire need of socialization.  Enter Coast Connect, “FORT’s primary face to the community… As a clear explanation of our broader vision to the community, Coast Connect will be a vital piece of FORT’s comprehensive transportation system throughout the county and beyond.” So far, Coast Connect has attracted quite the list of endorsers, like Justin Cummings, John Leopold, John Laird, Donna Meyers, and Santa Cruz Mountain Brewing. Much like Coast Connect’s role in FORT, Arnold was eager to move away from the details, and instead passionately addressed the benefits of this future transportation system.  “It’ll improve the economy, environment, and our community’s health, safety, and equity… So many commuters are cut out of jobs and educational opportunities.  Access to easy and safe public transport is the answer to these inequities.” Arnold hopes the new campaign will drum up public support and encourage awareness, “that FORT isn’t just about the Rail and Trail, it’s a unified vision of what could happen, it’s shared, and it belongs to anyone that wants to implement it, whether making neighborhood streets more walkable, improving Metro Bus routes, or getting on a bike.” On top of the new campaign, Arnold proudly summarized other recent FORT achievements.  “A lot of our work is invisible, it doesn’t look like anything is happening, until it’s almost done.  We’re now beginning to pull things together, the West Side trail between Bay and California will open in the fall, and the neighbors already love it. We’ve finished the design on the Bay to Wharf segment and are applying for funding soon.  A Watsonville segment will also be finished this fall.”  In addition to trail segment construction, Arnold had much to say about the rail as well. “We’re moving towards our own little Promontory Point moment.  The Watsonville City Council just voted unanimously to tell the RTC that they want the rail on the corridor and construction should start in Watsonville first.  The Pajaro Station will link to the rest of the state and the rest of the world.  Commuters will easily travel from Watsonville to Gilroy, Salinas, and Monterey.”  Finally, the RTC is currently conducting a study on 4 different potential vehicles, 2 bus and 2 rail, and will recommend one this fall.  It might be difficult to take in so many wonderful developments! But don’t worry, you can now keep up with and voice your support for FORT’s fast-moving vision at coastconnect.org.

Josh Howard had a smile people remembered. Whether traversing the halls at San Lorenzo Valley High School, playing with his young sisters or boarding the bus to head to one of his three jobs, Josh had an upbeat attitude and an ear-to-ear grin. It was that smile, his mom Kelley says, that made Josh the light of her life. That smile shines no more, as Josh was killed in 2019. “I want the individuals of the court to imagine if this had happened to their child—that a local community member with a 20 year history in and out of jail for various criminal offenses drove intoxicated and reckless and killed their child.” (Victim Impact Statement (VIS) excerpt.) It’s with a grief-wracked voice that Kelley Howard recalls his memorial service, and tells of the many strangers who approached her that day to share memories of Josh’s positive impact on their own lives. She talks about how her young daughters, Charlotte and Lily, remember things like Josh’s favorite color (blue), or how he loved to play board games with Charlotte, and take Lily on walks. “They only have positive memories of him,” Kelley says, “and I’m so grateful for that.” Gratitude is tough to find when your only son is killed by another human being. Josh Howard was walking along Highway 9 in Felton when a vehicle driven by Jeremy Shreves crossed over the white fog line on the road. The passenger in the car tried to warn Shreves of Howard’s presence on the highway, but Shreves didn’t react as quickly as he should have—a meth-addled brain doesn’t work like a normal brain—and he hit and killed Josh instantly on February 21, 2019, his sister Charlotte’s fifth birthday. “Think of the absolute horror and despair…the unbearable pain that you cannot escape. Think of how you would feel, the guilt that you were not there next to your child, that they were alone.” (VIS) In the nearly 17 months since Josh’s death, Kelley has battled depression as she navigates the court and judicial system in the pursuit of justice and understanding. She has joined MADD (Mothers Against Drunk Driving), met with Assembly member Mark Stone and Supervisor Bruce McPherson; she’s spoken with CalTrans personnel about improvements for pedestrians along the Highway 9 corridor and received support from a victim’s advocacy group. In an effort to prevent a similar tragedy, Kelley has found her voice. “There’s not much I can do with the justice system,” she says. “I can’t change anything, but I need to protect other families and prevent anyone else from going through this.” “Now think how you would feel when you found out just four months after the death of your child this individual was again driving in your community while intoxicated. After knowing this fact, think how difficult it would be to see this individual walking around your neighborhood, free, without a care in the world. (VIS) On July 6th, Shreves was sentenced to seven months in county jail. Seven months. The District Attorney and public defender had made a deal, Kelley said, and though she knew what the elements of it included, it took her breath away to hear it said out loud. First, though, she read her victim impact statement to the judge. “Even with continued grief therapy, you will keep reliving this traumatic time in your life. This is my world.” (VIS) Jeremy Shreves is a known quantity in Santa Cruz County. He has a long county record—he’s been in and out of jail ten times in the last 20 years, and was charged with armed robbery in Santa Cruz about 15 years ago. Before killing Josh, Kelley says Shreves “hadn’t hurt anyone, but was a ticking time bomb.” After Josh’s death, Shreves was still out on the streets pending the results of the toxicology report. Four months later, Shreves got a DUI. “It’s hard to forgive him [for killing Josh] because he made that choice to drive intoxicated after the accident.” The drug results from the February accident came back in December—it took ten months to run his blood panel. Kelley was furious. “The Santa Cruz District Attorney kept checking in with the DOJ. The statute of limitations to prosecute Shreves was one year. The results from the blood panel showed that Shreves had meth in system,” Kelley says. On December 24, 2019, Shreves was picked up on a warrant—he had failed to show up for the second DUI hearing. “Releasing Jeremy Shreves back into the public allows the opportunity for another parent to lose a child. Jeremy has proven that he will drive on a suspended license while intoxicated even though he already took my child’s life. Where is the justice for Josh and our community? The justice system’s job is to protect. Releasing a habitual criminal so quickly after such a terrible and horrendous crime does not feel like proper justice or more importantly protection for the community. Habitual offenders are very likely to re-offend and I fear for the safety of my two young girls and this community. The system is failing in keeping our community safe.” (VIS) Shreves has been in jail since last December, charged with misdemeanor manslaughter in Josh Howard’s death. Misdemeanor manslaughter is synonymous with unintentional manslaughter—it’s killing without intent, so the penalty is greatly reduced. In Shreves’ case, his one year sentence was reduced by half. Jails that are prone to overcrowding generally offer time off for good behavior—as a result, Shreves will be released back into the community by the time this edition goes to print. And the kicker? Kelley says that because Shreves served over six months, he’ll have a credit for the next time he gets incarcerated. “I don’t believe time of sentencing should be shortened for “good behavior.” Not being problematic in jail does not change the fact that Jeremy Shreves’ choice and actions led to a crime that killed my son. How am I to live in my community with seeing him? How would you feel?” (VIS) Kelley says that if community members have suggestions on how to start to change our laws, she wants to be involved in that. “I don’t know where to start,” Kelley says. “I want to make a change and be a voice that is heard. We hear about jails being overpopulated and that’s not okay—we can’t just let people go free so they have the opportunity to commit more crimes. It shouldn’t take a death for things to change. Even with a death, nothing has changed.” Kelley is quiet for a moment. “I miss him no matter what. I want to tell his story and make a change for the better.” Next week: Part II, a deeper dive into criminal justice and sentencing guidelines.