[UPDATED] Woman Accused of Killing Her Daughter and Her Daughter’s Friend in DUI Collision Files Claim Against Fortuna for Damages

Marci Kitchen

Marci Kitchen

Marci Kitchen, accused of killing her own daughter and her daughter’s friend, on July 12 when she was driving intoxicated and struck them, filed a lawsuit claim against the City of Fortuna and other government agencies asking monetary damages.

According to documents on the City’s website, the claim which was filed on January 6 states that

Marcia Kitchen, individually and as the surviving mother of decedent Kiya Kitchen, claims damages from the State of California, California Department of Transportation, County of Humboldt and the City of Fortuna…This claim is based on the fatal injuries sustained by claimant’s daughter, and the injuries attendant to the loss…

Kitchen’s claim alleges that “the accident was caused” by the “dangerous condition” of Eel River Drive. (See here, scroll to page 41, for the description of what was allegedly wrong with the road.)

In addition, on January 11, Joe Kitchen, the father of Kiya Kitchen, and Jevin Kitchen, the brother of Kiya, also filed a claim against the City and others. That claim lists not only Marci Kitchen as a witness but also her boyfriend, Josh Pearlston and a Trent William Stewart.

Fortuna City staff recommended that the three claims be rejected.

[UPDATED] Attorney Zach Zwerdling, who represents the father and brother of the deceased girl explained that the claim was necessary. “It was my decision to file,” he said. “The government code is very strict.” If, he said, Kiya’s brother and father did not file within 6 months (which would have been January 12) they never would have been able to file. “We anticipated that Griego and Okin [Marci Kitchen’s attorneys] would do that. It’s common in cases like this. We did this to protect Joe and Jevin’s rights.”

According to California law, family members including siblings of those who die without children are entitled to make a claim for compensation for the loss of their loved one’s presence in their life.

Links to earlier stories:

 

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187 comments

  • I think she should sue the company that bottled whatever she was drinkin, she should sue the guy who sold her drugs, she should sue her momma for doing such a bad job raising her, and she should sue the DMV for giving her her drivers license. Surely she is not to blame for driving drunk.

    • Then she should sue herself for being a P.O.S.!

    • Hahaha so true!!!

    • Yikes! So you are not only drunk and stupid, you are absolutely not responsible for KILLING your daughter and her friend because the ROAD was fucked up? God Damn I love lawyers!

      Drugs and alcohol will improve your life! It’s medicine! Nobody is to blame!

    • unbelievable, was it the road conditions made her get behind the wheel of the car that hit both her and her daughters friend or was it the road conditions that made her drive off after with no looking back? Oh wait, maybe it was the road conditions that made her hide the car after the fact or made her hide herself out for so long before turning herself in. No, I’m sure it was the road conditions that made her come up with this lame ass excuse for killing her daughter and her friend and having absolutely no remorse!!!! please tell me she has no case!

  • So, the “Dangerous condition of the road” made her hit the two girls, get out to see what she had done, go hide the vehicle, and hide from Police ? …More likely the alcohol she was drinking, in front of lots of witnesses, had more to do with it…

  • This is ridiculous. She kills two, runs away, hides it and now wants to sue any state agency. This B!tc# needs to fry in jail.

    • My niece was one of the girls killed (Faith)…this has caused even more grief and prolongs it….[edit]

      • This must make your grief even worse. The whole thing tears at the heart.

      • I am so sorry for this tragic loss to your family and now to have to put up with this Roderic. Keep the faith stay strong. God is still the ultimate judge!!!

      • I am so sorry for this tragic loss to your family and now to have to put up with this Rhedoric. Keep the faith stay strong. God is still the ultimate judge!!!

      • So sorry, Carolyn.

      • I’m so sorry, your family shouldnt have to relive this terrible crime. this the most disrespectful cold blooded claim, I’ve ever heard. I truly despise this woman. I hope there is justice for these young women. Just infuriates me how they feel it can be swept under the rug and turn the case against the city and county.

    • Money for nothing

      You think she came up with the law suit idea. Wrong! It was the attorneys. They will get half the money if she, no her lawyers, win the case. This has nothing to do with her defense it is all about attorneys lining their pockets with tax dollars.

  • Anybody know when her murder trial starts?

  • It’s always somebody else’s fault! Why can’t people accept responsibility for their own actions?

    • sharpen your pencil

      Thanks to liberals, everyone is a victim…. Even the ones doing the killing….. This is the kind of thing that happens when no one is held responsible…. How about Kiya’s dad file a wrongful death lawsuit against Marcia! Always someone else’s fault!

      • I can’t read this without thinking of a scuzzy attorney grinning sadistically while developing this claim. Although the alleged drunken driver may have committed an atrocity, another has been committed by Janssen Malloy LLP. Regardless of which party approached the other with this hair-brained idea, the other should have talked the opposite out of this – because it is just wrong. When will we transfer some thoughts from liberals to lawyers that seem to be perpetuating and escalating these ideas?

        • sharpen your pencil

          I will, when liberals quit pretending that everyone is a victim, and as a state stop making it so easy for criminals to pull this sort of crap off. Hard to not think that the same folks passing crap like props 47 and 57…. Or do you want to pass the blame over to lawyers on that as well?

          • Yes. Yes, I do want to pass blame to this particular lawyer in this particular situation. It should have looked into this and said, “no thanks – you’re on your own, honey.”

            • Why would he turn her down when he had just had a client here who struck and killed a man on the side of the 101, and he got her off with 6 months time. He sees the cash cow, watch out for that guy.
              And by the way can folks please stop using the term “those liberals”??? Its pretty annoying to put people in a box like that. Should i say oh those conservatives, they just hate women? Wouldnt that annoy you?
              We can all have varying beliefs that do not fit into the boxes our society is constantly trying to squeeze us in. I dont know of anyone on either end who would think this woman to go unpunished.

              • sharpen your pencil

                Actually that is what the left has been saying for quite a while, I know having it thrown back in your [edit] faces stings a little, doesn’t it!

          • Do you even read what you write? “Always someone else’s fault!” And then proceed to blame every problem you can think of on? Wait for it… LIBERALS! Yes! It all the fault of half of all America!!
            And liberals blame everyone else you say? Grow up son.

          • Stop the bitching about liberals. I’m a liberal and I believe 100% that this bitch should get life without parole, ASAP. No more delays. I know no one who thinks that her actions are OK. What she did is inexcusable no matter what a persons politics are.

          • Tell me about “liberals” when “the selection” starts. You [edit] will be beggin me and mine for help.

        • Attorneys will soon be replaced by laboratory rats
          1) Rats: There’s a lot of them
          2) Rats: You don’t get attached to them
          3) Rats: There are some things a rat won’t do………

        • That would be a HARE-brained idea as in a rabbit not the hair on your head!!! Just saying!!!

        • Liberals aren’t in charge in this country, haven’t you been watching Congress? Let’s see how you all do now.

        • The thing that is really hard for most people to accept and understand, is that a lawyer is required by law and by ethical rules, to “advocate zealously for their client.” If an attorney knows that their client is lying to the court, they are also required to withdraw, BUT sometimes the judge will not allow an attorney to simply withdraw. That is a very short and simple side of it, it gets more complicated. But these ethical rules are what make attorneys seem heartless. It’s not always that they are heartless and crooked, it’s that they are bound by the rules and laws as well. It’s a very tough job to do.

          It is really hard to imagine that any lawyer could truly “zealously advocate” for Marci!!!!

          • Higher Standards Humboldt

            Ummm…Pretty sure Jansen Malloy realizes that they are taking on guilty clients before they accept them. They review the cases first. They are not stupid they just think the rest of the world is. They knowingly defend assholes who should be locked away and mock the legal system they have dedicated their lives (or souls) to. Wonder how long it will take for one of their sickass clients to go on a crime spree and hurt someone in the firm or their families. Wouldn’t that be karma. Praying for more karma for Griego than Marci.

            • This came very close to advocating violence. 1) That will get you deleted if you go any further. 2) Don’t become something you hate.

              • Jansen Malloy LLP was founded in the early 70’s by three men who, to this community’s loss, have all since passed.
                Jansen Malloy LLP had a stellar reputation until the founding partners died.
                Their namesakes are being used because of their once glowing reputation, which was well earned by the founders, who would have never ever taken this case. Ever.

                • To be clear, Jansen and Malloy do work for me. I’ve been happy with it.

                  I think representing a defendant to the best of their ability is their job. I would think that the founders would know that and be proud the current attorneys at their firm are defending someone who is presumed innocent until proven otherwise.

      • Consider The Eraser

        Ugh. Why must everything be viewed in terms of partisan politics? This has NOTHING to do with liberal/conservative, democrat/republican. Sometimes it’s as simple as vile people just doing vile things.

        • sharpen your pencil

          Or, people in this county viewing everyone as a victim, regardless of circumstances or the fact that many people put themselves into the situations they get themselves in…..

      • You’re responding to a comment that says “It’s always someone else’s fault” and then you and go and blame Liberals. [edit…]

      • This has nothing to do with ‘liberals’, politics, or society. It has to do with an individual having some serious issues of denial and responsibility. Any normal person/mother would be falling upon themselves in despair, regret, remorse, and depression.

        • sharpen your pencil

          She is BANKING on some bleeding hearts having “compassion” for her, and seeing her as a victim in this as well. Because time and time again, drunk drivers are not held accountable for their actions, and that has everything to do with political views, from the ones doing the prosecution to the ones passing ridiculous laws!

          • No, it doesn’t. This is not a political argument, and no one wants to make it one, except you. This lady is nuts, liberals and conservatives alike think so. Both she and her lawyer are a blemish on humanity, and she should rot in jail. I’m not sure what” bleeding hearts” you’re talking about that are going to let her off for this atrocity, but I can assure you, as a liberal, I certainly would not.

      • Go ahead. Blame liberals for every problem. We shall see in four years if the oligarchs you elected do anything for poor puny insignificant you. These murders had nothing to do with politics.

        • Unless you are fortunate enough to be in the top 2% of income bracket, then prepare the Vaseline if you know what I mean!!! You WILL be needing it!!!

      • Listen to the party of STUPID Republican. Conservatism is a mental illness. Seek help!

        • sharpen your pencil

          I am no republican, just tired of the liberal bullshit infecting California! But you’ve been sipping too much of the kool-aid to see through the fog!

      • Can you say ANYTHING without politicizing it?

        Really? [edit]

        • sharpen your pencil

          [Editor: sharpen your pencil, You’ve been repeatedly warned about insulting other commenters. You often have valuable insights but at some point your desire to hurt others has outweighed what you have to offer. Next time I will ban you.]

    • Now if this was a gun she used to kill her daughter with, would she be suing the gun manufacture. Why is it whenever someone kills someone with a gun, people are the first to jump on changing gun laws to keep people from killing more people, but when it is a drunk driver it is more of a slap on the wrist?

  • Sue the bar that served her.

  • Too often, the party being sued will offer a settlement before it goes to trial (especially when they have insurance just for idiotic cases like this), due to the costs of a trial. You can thank lawyers for that. WHAT A SHIT SHOW!

  • This pathetic piece of scum is now blaming the city for her deciding to drink and drive, you’d think a local who lives less than a mile from a “dangerous street” would know to drive safe in that location. I am so tired of excuse after excuse , you ran your daughter over and left her to die, all while trying to cover your tracks by hiding your jeep. I hope you rot in hell you waste of life.

  • The City of Fortuna rejected the claim because the location of the accident is NOT in the city limits. It’s a county road.

  • Gimme a break.when does her trial start?

  • Wow, that woman has some nerve!! This is a BS lawsuit! They need to lock her up and throw away the key!!!

  • I think she’s a man,cause she’s got some balls doing this.THE WORST MOTHER ON THE PLANT.How shameful to blame a road and not the fact she was drunk.piece of work.so laughable

  • Higher Standards Humboldt

    So who is worse Marci or her attorney Griego? Looks like she commit one hideous crime (that has hit the news….) that will probably give her brownie points when she meets her maker in HELL. Griego takes cases no other attorneys with a smidgen of a soul left would take. Griego was not Marci’s first attorney of choice… He was the only person greedy enough to do so. His game is try to sue and have bullshit charges pressed against whomever or whatever government entity is in near proximity to the SCUMBAG CRIMINALS he defends. So who is worse? The killer who runs down her kid once…. Or the soulless dishonest attorney that gets criminal after criminal out of jail? Looks like the devil better eat his wheaties cause he is going to have competition when Griego dies! Everyone needs to be praying for justice. Sad world we live in today.

    • This seems like a ploy by her attorneys to show prejudice in this case due to so many reactions by public comment, and ultimately moving the trial out of area. This is deplorable, true scoundrels

    • There is more than one attorney around here like this.

  • Constant Vigilance

    Wow! I thought this chic was about as unlikeable as a person could be. Guess I was wrong! She just made herself heinous.

  • Unfucking believeable!!!! Marci fuck really???? You are deplorable!!! Can’t belive I once called you a friend. You make me sick!!! Face this shit! Your shitbag lawyer actualy has you seeing dollar signs. Looks like joe also. The drugs have a hold on you. Your disgusting!!!

    • Sharon, you OBVIOUSLY weren’t a friend to Marci. Perhaps, a fair-weathered acquaintance would be more your speed. You make me sick and disgusted that you are such a small speck of dirt on the ground, that ever called Marci, your friend. You never did deserve her friendship and apparently did not know her well, because she was never one to do any drugs, except a bong-hit. Haters have got to hate!

      • Losers like Marci have got to drink and drive. They are too f-cked up not to! [edit]

      • rarehumboldtbird – do you not consider alcohol a Drug? It is One of the worst in my book. It really messes up individuals and families lives. Have you never seen that?
        On another note, in my line of work we call this sort of action (by Marci) “no self locus”. Of course it was not her fault, nothing is…..

      • If you’re Marci’s friend, would you please advise her to drop the suit, plead guilty to the charges brought against her in the murder of Faith Tsarnas and her own daughter, [edit]
        Thank you.

      • Your comment is so biased. If Sharon once called Marci a good friend, then obviously she must know her well. Regardless, you have no right attacking her, as she was not the criminal in this incident.

        • Wtf??? You are high!!!

          • sharon, if I’m interpreting Jeanne Sousa’s comment correctly, it is in support of your perspective. Jeanne Sousa is on your side.

            Here’s how I interpreted it:

            “Regardless, you (rarehumboldtbird) have no right attacking her (sharon), as she (sharon) was not the criminal in this incident.”

      • lololololloloool “never done a drug?lololol lolololool hahhhhaah wow,

      • “Haters have got to hate” who the fuck would be envious of you Marci? Glad to see you reading what everyone thinks of you.

      • [edit] i knew her. Very well. That whole group of people! I knew.her to be a great mom….not this shit! So stfu!

  • Well butter my buns and call me a biscuit. WOW. Not sure what part of that road isn’t safe. I think you can see from one end to another. It’s flat with little curve to it. Crazy that the dad would file the same claim. Roads fault, no, but lets say that. what about leaving the scene and hiding cars and not telling the truth and possible intoxication. The intoxication part, should be able to show she was at least drinking. Most establishments have video, plus there is a chance they used a card to pay. Although this is Humboldt and people still use cash. WOW is all I can really say. Outside of the “facts” who the hell goes on vacation right after killing your daughter AND her friend. Leaving while there is an investigation. As soon as I was having a good time, boom, “ooh yeah. I just killed my daughter and her friend. Shit. I might be getting in trouble…….can we go home?”

  • The world would be a much better place if all of the lawyers, excuse me, attorneys, were put on a huge barge, towed out into the Pacific [edit] These leeches affect ever aspect of our lives. They are completely nonadditive, they only use hindsight to take from society. It takes only a set of law books and a huge set of balls. Their most disgusting trait is that you must hire one of these scumbags to protect yourself from another one.

  • Marci Kitchen and her Lawyers need to man up and face the concaquences as to the fact she was Drunk or on Drugs and killed two people one being her daughter. Stupid people like this needs to be behind bars for life. What a piece of shi. Blaming other people for her own actions and stupidity some nerve she has. Glad I am not the Judge because she nor her Lawyers would like me handling her case.. The Dumb Bi@#$ needs to fess up and serve her time. Her Lawyers who hid her out also needs to be charged for hiding her out for days after all this happened. Just speaking my mind as a Mother who lost two daughters that were killed along with there friend back in 2003 thanks to another person’s dumb As. He got off Scott free when D.A. Gallegos was in office and I see history probably gonna repeat it self in the justice system.. so Damn Sad there is or never will be JUSTICE FOR INNOCENT LIVES LOST….

  • Lets not forget, she killed ANOTHER child as well.

  • She killed two kids and now she is playing the blame game.news flash you was drunk you hid the rig.gulty as i see it…

  • It’s like the guy who kills his parents and then begs the court for leniency because he’s an “orphan”. What rock did this woman crawl out from under?

  • Higher Standards Humboldt

    Wouldn’t it be great if attorneys who filed bullshit lawsuits and police reports were sued for wasting the court’s time and money? If a person files a police report and it is bullshit it is a CRIME. It seems like an attorney who continually attempts to press fake charges and files lawsuits as diversions from the real case or for monetary gain should be thrown in jail for filing false charges? Shouldn’t they have their law licenses pulled for incompetence?

  • the gutteral hate expressed by commenters in this thread is really sick. shame on you, kym, for censoring petty name calling but providing a forum for far worse forms of lynch mobbing. a mother facing life behind bars over the worst accident possible is not justice, its punishment, and a lot of blood thirsty readers are sick like that.

    • Let me guess…you’re all about the right to free speech?…

      Look, people have opinions, many of them I don’t particularly agree with, but as long as they don’t insult each other and incite violence, this site provides a place to exchange opinions. If you don’t talk about opinions, you don’t change them. Here you have a chance, albeit anonymously, to express what I expect is the unpopular opinion that Marci doesn’t doesn’t deserve punishment. That allows that opinion to circulate and you to maintain the emotional safety of others not knowing how you feel. Seems like a great boon to society to me.

      And, to a certain extent you seem like you agree, or else you wouldn’t be using this site to express that opinion.

      • go hide your jeep

      • this is your private blog, kym. if i was all about free speach id say so, this isnt my blog but a representation of your often double standards, as well as a regular gaggle of arm chair lynch mobbers. did i offend you? tough shit, censor me, this blog is more often offensive than not. every comment here. horrible. your readers care more about brutal vicarious revenge than real justice.

        • Horrible: as you stated it is a blog…don’t like it, don’t read it. Yes sometimes Kim’s opinions might seem double standard, but they are more unbiased than our so called “professional news”….and if she makes a mistake or publishes something that is later found to be wrong she admits it and apologizes. Never see that by our so called “professional news sources”. I don’t always agree with this blog especially with some of the posters, but it gives people a place to express their disappointment in society. With the news sources we have around here she does provide information for the community, fast and helpfully. Don’t like comments…don’t read them. What is going on in this situtation is an insult to any real justice. No matter how much Marcie means to you you would never want to be in her shoes right now. She screwed up big time and her attorney is making it worst.

        • Let me ask you what you would do:

          Should I eliminate comments? Wouldn’t this only allow my opinion (albeit somewhat filtered through a supposedly neutral reporter’s mask?)

          Or should I allow only your opinion on what is correct expression dictate who speaks in the comment section? (Hint: I’m not really in favor of allowing someone who has not sweat blood over this website for a decade control it.)

          Or finally, the option I chose is to allow all opinions as long as they aren’t personal insults, inciting to violence (other than death penalty) or accusations of illegal behavior without a reasonable basis in fact.

          • not my job, kym, and ill never pretend it is. im just another anonymous commenter on your blog, calling it like i see it. difference is im not lynch mobbing. what i would do if i reported this story is place myself entirely in the perspective of the families of the lost children, beginning with their parents and my headline. this blog is a cespool of aggressive revenge, not compassionate justice. youre used to staring at it every day for years, cant have no effect. do what you want, its your lifes purpose or something.

            • horrible: I started following Kym’s site because I want to know if justice will ever arrive for little Faith. Kym maintains a civil, decent and well done site. She is skilled at telling people to shut up and still be nice about it. I think that’s just what she’s said to you, but you are apparently way too important to possibly think that it might be you with the problem.

            • “this blog is a cespool of aggressive revenge, not compassionate justice.”

              This blog is a genuine reflection of the community. Some parts of it are what you describe. Most parts are not what you describe.

        • Horrible maybe you should read some comments from other stories, this is one of the most emotional things going on in our county. There are many many posts expressing care for others, be it kindness to those who’ve lost loved ones or congratulations to kids winning sports.
          Go to any national news site or even facebook and you can see how pretty much every story has awful posts, we’re still doing better than the majority out there. Have you visited the thunderdome on LOCO??? thats where the real trolls lurk, and just that LOCO had to create various forums for commentors shows how bad the problem is.

          If you dont like it dont read it. I dont like what certain folks say and i usually just stop reading it if i dont like it. This is part of what democracy looks like; you shouldnt agree with everything your community says as that would be a cult. You shouldnt like everything your leaders do as that leads to a dictatorship.

          If you dont like kyms site then go somewhere else, she is attempting to let everyone speak their mind as much as possible, whether she likes it or not.
          And remember dont throw rocks when you live in a glass house. You are doing exactly what you say you dislike only youre doing it to kym instead of marci.
          What hypocrisy to call kym names for allowing others to call marci names!!
          Whats that saying,,, let us not become the evil that we deplore.

          • i never claimed to be doing anything BUT calling it out. you, too, lecture this anonymous, not any of the zillion regular anonymouses who obviously spend their days wallowing in agro states on the internet? you and “kym” can kiss my ass, youre welcome.

            • Thank you, but I’ll save my compassion for the two girls murdered by Marci Kitchen.

              With a little luck, the court will grant Kitchen a change of venue. Then, when a jury from a community unaware of this horror finds the bitch guilty and sentences her to prison for a long term, we’ll consider the compassion they show her, ok?

        • Just say ur name

      • Awesome response. I mostly read new york times. But you do a great job running a blog (a quite different thing) and monitoring it. My congrats on what you do, and my praise for it and for your meausred, jpurnalistic, editorial responses.

    • A mother facing life behind bars for killing her own daughter, then fleeing, and trying to cover the crime is justice and a punishment for killing her daughter and daughters best friend! If I killed my child I would kill myself, because no loving parent could live with that!!

    • horrible,
      Do you think she is not guilty? Should we all just sit back and let her get away with killing two innocent children? Remember, this is the United States of America and we have the right to freedom of speech. Which we are all using including yourself. She should have to face the death penalty, but since we no longer have it, she will go to jail and we will pay for her living arrangements, Yea, that sounds fair…..

    • I’m gonna go out on a limb here and say it… [edit] and go let Marci cry on you’re shoulder, we the people would like a public hanging, thank you carry on

    • Rarehumboldtbird, and horrible are the same person. Look at the poor placement of commas in both comments. Another coincidence is they are the only ones defending. My guess is Marci.

      • Good observation, Joe. She even attempted to appear a style difference using extra effort to uncapitalized first letter new sentence, names, etc. Yet creatures of habit, it was the all caps BUT that sealed the case for me!!!
        I think this woman has no conscience. She is a droid of existence without soul.

    • sharpen your pencil

      This is no accident. She got behind the wheel drunk, that was a deliberate act.

  • The most dangerous road condition that night: a fool who chose to drive drunk.

  • cant believe that’s real

    Damn

  • Let this bitch go to jail and get some good time jail justice

  • What’s really scary is that ,for every piece of s**t like her, taken off the streets there’s
    ten thousand more to take her place. May she never rest in peace.

  • I’m so mad I can’t even throw enough expletives out there. This beezy runs her child over and kills her, shows no remorse (obviously since she left the scene) hides the vehicle she committed the crime with and then goes into hiding for weeks. She’s a coward and a true piece of human garbage. I hope this gets thrown out of whatever level of court it gets to.

    • You forgot to mention, got out of the vehicle after running over both her daughter, as well as her daughter’s friend, to check her work then got back in the vehicle & drove off to hide the vehicle etc!!!!

  • I think this is the definition of “chutzpah.”

  • How is she paying this high priced attorney

  • Thanks Maggie Fleming.

  • Wow this lady must have huge balls.

    All the money in the world still won’t comfort your child as she lay dying in the street like a dog.

  • I’m pretty sure that once someone gets behind the wheel after consuming alcohol every road becomes dangerous!
    I really don’t understand how this bitch can sleep at night!

  • Here is a thought- what IF the road is dangerous? Wht not rectify the road condition to prevent future accidents? I see this situation as separate issues. There is the prosecution of Marci Kitchen. Then there is the ROAD. If the attorneys cannot PROVE their claim the road is dangerous who cares. If they prove the road IS dangerous then perhaps a future accident will be prevented. Unfortunately, it always takes a tragedy to rectify dangerous road conditions. I live in Fortuna and I have felt for a long time that the blind spot turning on to that road is of concern. AND before you all start responding to my opinion in CAPS please know my opinion regarding the road is not an attempt to minimize or excuse drunk driving.

  • Shame on you, Janssen Malloy LLP. I’m wishing I could go back 7 years and pick a different place for my legal needs.

  • Looks like an admission of guilt if she is blaming the road on her actions of murdering the girls. Maybe she should sue the company that made the tarp that she used to conceal her Jeep under too??

  • Lets all sue her, she would shit a brick if 1000 or more people sue her POS ass

  • “Dramaqueen” you must have a dog in this fight. PATHETIC… off camber blind corners are everywhere in this county and I bet in every county within the USA. This is about a payday for someone who does not want to accept their responsibility or is unwilling to place the blame on the person who is at fault. The road is not the problem.

  • All I can say is: She has balls.
    She has had balls since the night of this accident.
    [edit]

  • This seems an obvious attempt to get her case moved from Humboldt County. We as a county have convicted her in the comments sections of every news outlet (which guarantees a biased jury) and now her suit against so many different entities ensures that she could not receive a fair trial here. I bet this is their game plan for getting her off or having her serve as little time as possible. Take out the emotional context of the situation and look at it analytically, the facts and proof are there but an “unbiased” jury of her peers must convict her…can’t happen here, especially not now.

  • A public hanging would be appropriate

  • I don’t care if the good Lord above caused her to run those girls over. NOTHING can explain or justify how or why she just walked away.
    And never hire the attorney/firm that is handling the lawsuit against the city if they couldn’t/didn’t even take two minutes to see if it was a city, county, or state roadway first.

  • It’s for sure she won’t get anybody on any jury to say she’s innocent in this county.oh,one maybe.it breaks my heart she has the nerve to call herself a mother🖕Marci

  • She better call Saul,but she should rot in jail then go to hell.

  • Ah, if only lawyers had one-tenth of the power that some commenters believe they do. We are not issued a magic wand that we can wave and make a bad case disappear. Believe it or not, simply hiring a lawyer, no matter how much you pay, does not mean that you are going to be successful in your case. And for a lawyer to take a case does not mean that the lawyer is in sympathy with the cause of the person who hires him or her. If you are accused of a crime it is essential that you have a lawyer because of the way the system works. This is so apparent that the Supreme court has stated it, and all over the country the government has hired pubic defenders for those who can not afford a “high-priced” lawyer. You need a lawyer if you are charged with a crime for the same reason you need a doctor if you fall seriously ill. With very few exceptions, you do not have the knowledge, skill or resources to do what the situation requires. We have an adversary system of justice, because it is believed that this is the best method of finding truth. The police and the district attorney file every charge against you that they can hope to convict you of. They cut you no slack in their prosecution, and they use their great resources and years of legal education and skill to convict you. Against that onslaught of power and knowledge, most people are helpless to present an adequate defense. Lawyers are trained to bring to the defense the knowledge and skill equal, one hopes, to that of the prosecution, so that the jury and judge can hear both sides of the case, well presented, and make up their minds about what happened, and what should be done about it. Even if you are guilty of a crime, there are the issues of what crime – what degree of the crime – you are guilty of. The prisons house many people who are innocent, as the innocence project has shown. They house many others who were not a guilty as the judge decided, and received worse sentences than they should have.

    No lawyer is braver, and more to be honored, than the lawyer who defends an unpopular client, often to the detriment of career and reputation. Just because you are unpopular, or accused of a terrible crime, does not mean that you don’t need, and deserve a lawyer. Reading the comments on this case gives great proof of that. Imagine a jury made up of the commenters, many of whom have decided the case without knowing for certain what the evidence is. The defense lawyer’s job is to show even those people why things may not be as they imagine. We should thank Patrick Griego for taking on the burden of an unpopular client, knowing that he would have to undergo the abuse we see here, and worse, but also knowing that justice requires that every person be defended. Let the person who has never done wrong, and never appeared to have done wrong, write the first negative comment about Attorney Patrick Griego.

    • Spoken like a true attorney. Poop in your mouth and tell you it’s Nutella. The attorneys in this case are not court-appointed; they have the choice to decline representing a person they truly cannot tolerate. But anything for billable hours, right?

    • Mr Denson fails to also note that there are many more people who are not convicted because of a system that is much more user friendly for the defense. When it comes right down to it, our justice system is full of holes that allow people to escape their responsibilities. It is not a perfect system, but it seems to better than any other out there right now. Most attorneys don’t care if their clients are guilty or not. It is just about winning the case and in most cases, how much money can be made. Look at our civil suits for ridiculous amounts of money for ridiculous acts that are actually caused by our own actions. Yes there are some good attorneys and as with all professions there are too many “ambulance chasers” out there that make the other attorneys look bad. Our criminal system is too confusing because attorneys make their living off of confussion. Confuse the jury and you have a dismissal.

    • Thank you, Ed.

    • Ed
      You make a fairly compelling case for a need for lawyers. Contrary to what you suggest, lawyers are extremely powerful, don’t underestimate yourself. We’ve all seen unscrupulous lawyers ruin innocent lives, conversely we have seen great lawyers save lives, reputations and great fortunes. Thank-you to those of you who have a sense of decency.

      Now, what I need to know, for my own satisfaction… Can anybody eyewitness Marci Kitchen driving during the accident?

    • Ed. Agreed. Even with my own pre-judgements and opinions. If a defense doesn’t exist, no how much we are fired up about a particular case even if we have a thousand people with cell phone videos, then a person has no defense. But…a lot of folks would like for things to be hurried up and not carried out another year. Or three.

    • I have no quarrel with a suspect being able to hire an attorney when suspected or charges with a crime. It’s our right. But private attorneys also have the ability to say “Sorry, I can’t take your case,” and in the situation here where they’re attempting to sue the city, county, and state that’s EXACTLY what they should be saying. Ultimately, the public pays for these types of lawsuits and as a citizen of Fortuna, I don’t want a DIME going to Marci Kitchen.

      I’m sorry if her father and brother are suffering, but if they want to sue someone, then they should sue Marci and her boyfriend. They are the ones responsible for this crime, not the city, county, or state. Not the citizens of Fortuna. Just Marci Kitchen.

    • It takes two to tango Esq. Falling on your sword for the trade is gallant. Suing the city is a ploy. If a case is so disgusting and wrong you can simply say “no, find someone else”.
      That’s ethical, that’s showing some compassion and common sense, some dignity…scraping the last scraps of meat off of a bone is all about money.

      There’s a reason why Shakespeare said what he said about lawyers 400 years ago.

  • Sadly enough, she’s probably going to win and get off with a slap on the wrist. This is terrible! America is the most screwed up country in the world!

    • Umm no think about that for a min, in middle eastern country’s women get put to death for being raped, daughters murdered for showing skin and reading ect. Ect. So no not the most screwed up country not by along shot, but not without our flaws either

  • Obviously this is a tactic to raise lots of money to cover her considerable legal bills, but my God what a dick move! Literally no shame…what a filthy trashcan of a human!

  • Mr. Denson is right in his description of our system. It is adversarial and Ms. Kitchen needs an attorney, and Mr. Griego is that. I think what most people are so up in arms about has more to do with the facts as we currently know them. Ms. Kitchen got very drunk, drove her car intoxicated, killed her child and another teen, left the scene, hid the vehicle, returned to the scene and played the role of grieving mother, all the while knowing that she was the one who caused the accident and left the victims to die alone in the ditch. It hurts to know that our jails are full of folks who are innocent and their only crime is having to use a court appointed attorney, but Ms. Kitchen is out on bail and her high paying mouth piece is attempting to make a victim out of someone who according to the facts available to us, is the perpetrator of a crime that many of us can’t even begin to imagine. I’m pretty sure that’s what everyone is pissed off about, but yeah, well said.

    • you stupid fucking idiot, she didnt flee the scene and then play the role of a grieving mother, she IS the grieving mother, and you should hope you never find yourself in as horrible an ACCIDENT and face a judge and jury of assholes like yourself. you too want your own aggressive vicarious revenge, not justice for the dead children AND their grieving parents over an accident which, like you even say, you cant even begin to imagine. i would expect nothing but shock and denial from a mother in this situation for a very long time. fuck you, asshole.

  • I’m very curious about the story of what happened that night did Marci drink at the rodeo and accidentally ran over her kid and her friend on our way home then try to hide it or had she been home already left and was she angry at her daughter at the time? I guess I’m just trying to make sense of something so senseless

  • You all act as if you know the details about this accident, when in reality… Not a one of you know jack shit or Marci. Haters are going to hate. If it wasn’t Marci you were hating on right now, it would be someone else you would find to hate. Blah, blah, blah! Your ugliness exudes you. No hate will bring these two lives back. Your words only add more pain upon her Son and he does not deserve to read this rage on his Mother.

    • What must her son feel,knowing that all evidence points to his mother running over his sister.maybe this child has seen alot more in his life that could explain his mother’s actions.im so very sorry that he has been drug into a view of how our community feels.but now she has added insult to injury.when will she stop.lets hope justice is done and this child can move on in his life.god bless

    • She’s a murderer, these young women deserve justice. This is the most cold blooded claim I have ever heard, a distraction from the horrible crime

  • Jesus on a stick…..Lady (and that’s a very loosely used term) the only thing that went right in this scenario for you is you kept 4 tires on the ground, and even that is questionable. The road is not at fault. YOU ARE. Might as well sue God and the holy spirit themselves for your free will to go out and get smashed.

  • Just goes to show what type of low class humans lawyers like Zach zwerdling are.
    He claims” the government code being very strict”, is just a complete joke.

    The code is so strict that the philipsville hoop houses the soil and perlite they contained next to the eel river below any high water line practically on state land/riverbed washed out to sea, and the stricness level is so high that the entire state and federal government is investigating this nonsense,….N O T!
    This entire county is a bit backwards, and people like Zach Zwergling are making a ton of money while local authorities are trying to figure out what actually happened and what action the actual law and code require,..

    Marcy and the gang look like complete scum after this that’s for sure, stop wasting tax payers money, you killed your own child and another, stop smoking that meth and come back to reason and face the consequences of your jacked up ways. Your a murderer and will go to prison for a long time.

    • @ WyattHerb
      You obviously don’t have a clue about the law or Government claims or what some attorneys do to protect their clients best interests. Zwerdling is not looking for money… he’s helping a grieving family that suffered a tragic loss! Everyone is entitled to their opinion however, that’s all yours is. Too bad that ignorant people like you try to create more issues then there already are. You have no idea what you are talking about. Educate yourself before you slander others.

    • Ummmm. Zach Zwerdling is the attorney for Joe and Jevin Kitchen. And he actually withdrew the governmental claim against the City/County because, as was stated in a separate article, he and his clients are holding the ONE PERSON at fault accountable. Marci Kitchen.
      Zach Zwerdling is a man of integrity and a very good lawyer.
      Marci Kitchen’s attorneys are Ben Okin and Patrik Griego. They have filed a claim with the city.

  • Rare bird. her son better get used to it. he’s going to need to block out the rage of other people or develop a thick skin.

  • The only hope she had in fighting this case was to hire a lawyer with no soul, conscience and one completely void of dignity and character. That she got.

  • Next, she should sue the car manufacture for failure since it didn’t swerve or brake in time. What a BS story and to think the tax payers should pay her for her bad decisions. The attorney’s a joke too…may be her future father in law.

  • I feel for Joe and his son having to relive this nightmare over and over. Wouldn’t put it past her to accuse her son of being the driver to avoid the punishment she deserves.

  • Rare humboldt bird .could you please shed some light on the subject then.? Not trying to hate I know this woman has to live with what she did but now she’s taking it even further. What’s the story if you’re a friend of hers then tell us the other side please

  • f**k this county this justice system she’ll be home drinking in a week if she’s not now

  • Her lawyers are stirring the shit pot with whatever they can get people talking /turning on each other with this argument , anything they can do to change the pace of the trial to come . Their sitting back enjoying every second of messing with the community

  • I just red the update.wow

  • crime blogs are the new hanging trees, and its a crying shame this one is supposed to represent my community. another virtual court of the depraved, guilty above all else. a lynch mob. you asked what id do, kym…if i had been reporting on this story, looked back and realized THIS is the audience i have, through my own personality, adopted, i would feel im doing something seriously wrong somewhere. your readership is gross and thats gotta rub off.

    • Thank Kym for allowing you to share.

      • no. read the update on the nature of this “lawsuit” and read the comments made before the update. over half the commenters on this case are disturbed and disturbing individuals.

        • YOU horrible, that screename is VERY accurate in your case, are the disturbed as well as disturbing one around here, defending this woman caught redhanded nearly literally with her daughter’s blood on her hands!!! Likely literally as well as figuratively!!!!

  • Constant Vigilance

    I just hope that if she wins any money, Faiths parents turn around and sue her for wrongful death for the full amount. She can’t be allowed to profit from this.

  • I never drive drunk.

    Golly, such a shame road conditions made it difficult for Ms Kitchen to drive drunk successfully. She loaded that gun when she got in the car drunk.
    Too bad she can’t man up and accept full responsibility for her actions.

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