Jury Convicts Man of Carrying a Concealed Knife, etc

Press release from the Humboldt County District Attorney’s Office:

District Attorney DA Humboldt

Yesterday, a Humboldt County jury found 42-year-old Rafael Martinez of Arcata guilty of carrying a concealed dirk or dagger, possession of burglar’s tools, and possession of controlled substance paraphernalia. (The California Penal code and jury instructions defines “dirk or dagger” as “a knife or other instrument with or without a handguard that is capable of ready use as a stabbing weapon that may inflict great bodily injury or death.” A small folding knife with the blade unexposed is not considered a dirk or dagger.) Following the trial, visiting Judge Graham Cribbs confirmed the allegation that the defendant previously had been convicted of robbery, a prior conviction considered a “strike” under California law.

On November 16, 2017, Arcata Police Officer Tim Jaegel recognized Mr. Martinez walking in Arcata. The Officer confirmed Mr. Martinez was on multiple misdemeanor grants of probation for prior theft convictions and subject to search by law enforcement. Officer Jaegel’s subsequent search of the defendant revealed a fixed-bladed knife concealed in his interior jacket pocket. The defendant also had 12 shaved keys commonly used to burglarize vehicles and homes, as well as a methamphetamine pipe and a syringe loaded with heroin.

Mr. Martinez is scheduled for sentencing on March 23, 2018. Felony possession of a dirk or dagger carries a maximum sentence of 3 years and the strike prior could double that penalty. The case was prosecuted by Deputy District Attorney Trenton Timm.

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10 comments

  • unbridled phillistine

    Just about every homeless person you see in Eureka has a fixed blade, Dirk, Or dagger on their side! Cops do not enforce except when they please.

  • You can get a felony for having a butterfly knife, brass knuckles, billy club or a pair of nunchucks now in California. Even homemade pair of nunchucks with two sawed off broom handles connected to a chain is a felony. My neighbor went down that that and now has a criminal record. He can’t get a job anymore, not even as a waterboy. How is a butterfly knife or a pair of nunchucks more deadly than a baseball bat, a hatchet or a brick for that matter ? Cal is a Fucking stupid Nazi state with moronic dickhead laws and cops that enforce arbitrarily. Lives are unjustly ruined. This is a great example of extreme left wing policies run amuck.

    • Okay. And so this guy with the meth pipe and loaded heroin syringe and the shaved keys for breaking into peoples’ houses and his knife is some wonderful victim? And his history of prior thefts and current probation status are coincidences that should be overlooked? Are you nuts? Honestly you think the police are being mean to this poor guy?!!! Personally I’d like to see people like this executed after trial.

    • Mike- So your friend can never ever work again anywhere because of one felony conviction? I call bullshit on that. I know many people with one felony with jobs. Maybe this friend has a few more you’re not mentioning?

      • He had a degree in Wildlife Management so his career was ruined. Nobody would hire him. I suppose he could get a job at a gas station or something.

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