LAKEPORT— A Clearlake Oaks man who had been arrested in the wake of an incident of shooting at homes appeared at the Lake County Superior Court in Lakeport.
Benjamin Anthony Wilkinson, Jr. was not in custody as he entered a not guilty plea to all counts and denies the special allegations.
The matter has been set for a settlement/trial readiness conference next month with the master calendar call set for March of this year. The jury trial has been calendared for March 15, 2023.
The defendant was arrested following a shooting at an inhabited dwelling, discharging a firearm in a negligent manner, felon in possession of firearm, person prohibited in possession of ammunition and resisting an executive officer.
The charges stem from an incident in January of 2022 when the Lake County Sheriff’s Office dispatch received numerous reports of shots being fired in the 11000 block of Garden Court in Clearlake Oaks.
According to information made public by the LCSO, deputies had responded to the same area in regards to similar reports the previous evening but were unable to identify the responsible party.
Deputies arrived on scene and set up a perimeter to ensure the community’s safety. Deputies located the responsible party, Benjamin Wilkinson, 62, of Clearlake Oaks. While taking Wilkinson into custody, he attempted to spray a deputy with bear spray, and a short struggle ensued prior to Wilkinson being taken into custody.
Wilkinson was later booked at the Lake County correctional facility for felony shooting at inhabited dwellings, resisting arrest, and misdemeanor illegal use of tear gas.
The LCSO reported no injuries related to the shots fired or Wilkinson being taken into custody.
The defendant is no longer in custody as he has since bailed out.
Preliminary hearing to be heard later this month in felony child endangerment matter
The preliminary hearing has been set for Jan. 23, 2023 in regards to incident involving a juvenile being struck by a firework last Fourth of July.
Ellery Penas, 46, of Millbrae, California faces charges of abuse – endangering child with possible great bodily injury, discharging fireworks – likely to injure, possession of dangerous fireworks and using unregistered fireworks.
The charges stem from an incident last Fourth of July when Lakeport Police Officers were dispatched to a North High Street location to investigate the report of a juvenile being struck and burned by a firework.
Upon arrival, Lakeport Fire Protection District (LFPD) personnel were already on the scene attending to the victim according to information made public by the LPD.
An investigation revealed that Penas lit a multi round firework launcher loaded with flaming ball charges. After the system began to fire a charge launched toward a group of people and struck a 4-year-old child in the torso area burning through the clothing. A later medical examination at a hospital determined the child had received second degree burns.
Officers placed Penas under arrest for felony child endangerment causing injury, launching a dangerous firework likely to injure and for possession is illegal fireworks. Penas was booked into the Lake County Correctional Facility.
“We have zero tolerance for illegal fireworks and will be aggressive in our efforts to seize them and prosecute offenders,” the authorities noted. “These fireworks are dangerous and have the potential to cause very serious or fatal injuries as well as destructive fires. We are lucky that this child’s injuries were not more severe than they were.”
LPD reported that they also had several other fireworks related incidents and arrests, including a grass fire started by a shooting firework and we seized over 380 illegal fireworks. “Between July 1 and 4 we had hundreds of illegal fireworks being shot off in the city and many complaints from citizens regarding these incidents,” they noted.
Flaming ball charges, a launcher and an assortment of the illegal fireworks were seized.
The defendant has bailed out and is no longer in custody.
