NICE — Two of the three people arrested as suspects for the murder of Nice man Michael Eugene Fausnaugh were released from custody Thursday morning. They were being held for murder on $500,000 bail, but have been released with no charges.
The third suspect, Nice resident Shamus Maroney, 27, is still in custody after a March 23 arrest for a parole violation. He is no longer charged with murder.
Lake County Jail staff confirmed that the three former suspects were released of the murder charges under Penal Code 825, which essentially states that a defendant must be arraigned within 48 hours of the arrest. The District Attorney”s office chose not to file charges at this time and has one year to gather evidence sufficient to refile, according to facility staff.
Sheriff Rodney Mitchell said he would not comment on the case specifically. Referring to the process in general, he said, “It is normal for people to be released without charges if a case cannot be prepared for filing within the time constraints afforded by law.”
Jamie Martin, 20 of Lucerne and Terri Kenney, 48, of Nice were arrested Tuesday for the murder of 39-year-old Nice resident Michael Eugene Fausnaugh, whose body was found in a dirt turnout on Highway 29 March 22 by a pair of construction workers on their way to a work site.
Witness accounts put Fausnaugh at the Middle Creek Campground on Elk Mountain Road in Upper Lake the evening before. Witnesses reportedly told LCSO detectives that they saw Maroney, Kenney and Martin put Fausnaugh into their vehicle, saying they were headed to the hospital.
The case is being actively investigated, said Mitchell. He added that he is reluctant to label those involved as “suspects” or “witnesses” because information is still being gathered.
“Citizens should not infer from the circumstances that there is guilt associated with any parties identified thus far. The case is being actively investigated and is subject to numerous changes based on the nature and the value of the information we receive across the board,” said Mitchell. He further noted that a person”s release, or continued detention, is not an indicator of innocence or guilt.
Still speaking hypothetically, Mitchell said, “Someone can be released without charges from custody and later rearrested with regard to original charge.”
Chief Deputy District Attorney Richard Hinchcliff could not be reached Friday afternoon for comment on the case.
LCSO Chief Deputy Sheriff Russell Perdock returned a call late Friday from the Record-Bee, saying there was nothing new to report in the case.
“I am confident that my staff will be able to submit a complete and thorough case to the District Attorney for complaint in the near future,” said Mitchell.
In the meantime, a flower memorial prepared by Fausnaugh”s sister can be seen by the side of the road on Highway 29 where his body was found.
Contact Tiffany Revelle at trevelle@record-bee.com.
