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2 new blazes
strike county
By Alan Riquelmy
Staff Writer
Firefighters attacked
two new blazes on Tues-
day as they continued to
battle the Lobo and Mc-
Courtney fires.
Two smaller fires — one
off Wolf Road in South
County and the other near
Sammie’s Friends on Mc-
Courtney Road — erupted
around 12:45 p.m., Cal
Fire said.
The Garden Fire, off
Wolf Road, lead authori-
ties to evacuate about 200
homes. The evacuation
was lifted around 4:15
p.m., officials said.
PHOTO BY JOHN HART The Garden Fire was
A firefighter sprays water onto the McCourtney Fire burning off of McCourtney Road and Polaris Drive early Monday about 10 acres and 60
morning. percent contained Tues-
county officials said.
The smaller fire, off
West Van Tam Way, was
almost 3 acres. It was con-
tained in under an hour,
said Tim Person, a Cal
Fire battalion chief.
Sammie’s Friends,
Nevada County’s animal
shelter, evacuated 96 cats,
30 dogs, a pig, two birds
and a chicken. Workers
returned the animals
about two hours after the
fire occurred, said Cheryl
Wicks, co-founder of the
organization.
LOBO, MCCOURTNEY
The Lobo Fire, which
began late Sunday in
the Lake Wildwood and
Rough and Ready areas,
reached 880 acres on

‘You can always

day afternoon, said Mary Tuesday. It was at 30 per-
Eldridge, public informa- cent containment Tuesday
tion officer with Cal Fire. evening.
The blaze burned two
structures and a barn, UPDATE, A6

LOSE MORE’
Evacuees take stock after homes destroyed by fire
By Liz Kellar
Staff Writer

O
n Tuesday, as some of Ne-
vada County’s fire evacuees
were still waiting to return
home and take stock, oth-
ers already knew the worst.
Desiree Pemberton and boyfriend
Michael DuPree Burrell were sifting
through the rubble of their McCourt-
ney Road home Tuesday afternoon
when a series of fire trucks whizzed
by, sirens blaring.
Scrolling through his phone feed, a
friend noted a new fire had popped up
just down the road and they were get-
ting ready to evacuate animals from
the Sammie’s Friends shelter.
“Let’s go rescue some dogs!” Burrell
told his girlfriend, who responded
with a laugh as she pointed out they
had nowhere to put them.
The couple said they were strug-
gling to make sense of the total
destruction of their home, and also
Pemberton’s mother’s, just up the hill.
“Honestly, we thought (the fire-
fighters) would take care of it,” Burrell
said, adding that it did not appear
there was any effort to battle that
blaze, although the neighbor’s house
was saved.
The couple heard several big bangs
Sunday around midnight, then
honking that warned them of the ap-
proaching fire. They had time to scoop
up their dogs but nothing else.
FIRE, A6
A tanker unloads on the Garden Fire in south county
Tuesday afternoon. The fire was contained to 10 acres.
Murder suspect
advances toward trial
By Alan Riquelmy
Staff Writer
Kenneth Pestana — the
61-year-old who authori-
ties claim
was killed
by Joseph
Ward,
32 —
took the
young-
er man
Joseph Ward under his
wing two
decades ago, referring to
him as a son, a detective
testified Tuesday in a pre-
liminary hearing.
Pestana introduced
Ward as “his son, of sorts”
to a neighbor about two
PHOTOS BY LIZ KELLAR/LKELLAR@THEUNION.COM. days before his June 7
TOP: A fire crew knocks down remaining hot spots in the rubble of a death at his Highway 20
McCourtney Road home Monday afternoon. BOTTOM: Family members take home, about 10 miles
stock Monday morning after the home of Desiree Pemberton and Michael northeast of Nevada City.
DuPree Burrell burned to the ground. However, he also thought
SUBMITTED PHOTO
Ward had stolen lottery
tickets from him just days
before he was found dead,
Detective Andrew Liller
said.
Ward was called a “j
cat,” a jail term for some-
one who fails to fit in, the
detective added.
Under questioning by
Deputy Public Defender
Tamara Zuromskis, Liller
said that Pestana allowed
another man who lived on
the property to grow mar-
ijuana. Zuromskis also
questioned the detective
about a murder convic-
tion she claimed Pestana
had — an accusation that
led Assistant District
Attorney Chris Walsh
to argue she wanted to
disparage the victim’s
character.
SUSPECT, A6

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Page A7
munity advisory group
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have been impacted
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Tuesday afternoon was
postponed because of
with the public, we are
opting to reschedule BEFORE WINTER!

29
the multiple fires in the the (eighth) meet-

OBITUARIES
Walter Bass
area.
The meeting is now
scheduled for Oct. 24
ing,” wrote Nevada
County Community
Development Agency
$ 99
Marie Hund at the originally sched- Director Sean Powers in
Kristina Knight uled place and time: an email.
Expires 12/31/17
Eva Nixon 2 p.m. at the Foothills — The Union Staff
Page A5
INDEX
VOLUME 152 ISSUE 293 Advice B3 Opinion A4
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A4 | Wednesday, October 11, 2017 | The Union
IDEAS & OPINIONS
DON ROGERS, Publisher | drogers@theunion.com 530-477-4299
BRIAN HAMILTON, Editor | bhamilton@theunion.com 530-477-4249
The opinions expressed on this page are those of the individual
authors who express them and do not necessarily reflect the views of
The Union. If you would like to share your thoughts with The Union,
email letters@theunion.com. See policies below for information.
The best choice for
Nevada City’s first
medical cannabis
dispensary
T
he Nevada City
Council will soon
be voting to ap-
prove its first med-
ical cannabis dispensary.
Council members have
the opportunity to select a
dispensary with a mission
to serve patients, protect the
environment, and give 100
percent of its net proceeds
to local nonprofits that serve
the community. That mission
is why I joined the board of
directors of “Growing Com-
munity,” a new, not-for-profit
organization that is entirely
locally owned and controlled.
I know that medical can-
nabis is a controversial issue
in our community. While
I am not trying to change
peoples’ minds on this topic,
I have seen firsthand how
people have come to support
medical cannabis once it has
helped someone they love.
When my husband was
diagnosed in April 2012 with
Stage 4 liver cancer and sent
home with hospice, our lives
changed drastically. He did
not respond to opiates and
we were thankful when a
neighbor brought us the oil
concentrate of the canna-
bis plant. His nausea and
pain diminished in several
weeks and he stopped losing
weight. We did not know till
several months later that his
tumors were also disappear-
ing. While originally given
only a few months more to
live, my husband and I en-
joyed more than four more
quality years together thanks
to medical cannabis.
During those years, I
started a website about the
cannabis plant, collecting
research and lab tests results
from as far away as Israel
and Spain. Many of us know
how cannabis has helped
epileptic children like Silas
Hurd. My research found
that people are also success-
fully using cannabis to treat
Parkinson’s, MS, depression,
opiate addiction and even re-
versing the effects of Alzhei-
mer’s. I shared my husband’s
story and treatment online,
too. As a result, people con-
tacted me from all over the
world and I was saddened
that I couldn’t directly help
them all.
While my personal story
with medical cannabis led
me to join Growing Com-
munity’s volunteer board, I
strongly believe that Nevada
City needs a dispensary
that will also address the
social and environmental
impacts of cannabis use and
CARRTOON
OTHER VOICES
Beate Moore
cultivation in our commu-
nity. We are committed to
giving the dispensary’s prof-
its directly to local nonprofits
that provide environmental
protections, social services
for youth, elderly, people
with disabilities, and more.
Designed to be a full-ser-
vice health and wellness cen-
ter, Growing Community will
provide education and safe,
legal access to high quality,
locally grown medicinal can-
nabis for patients, and link to
other holistic health services
such as Ayurvedic medicine,
massage therapy and herbal
medicine.
I am so impressed by the
wonderful local people on
the Growing Community
team, which will be led by
Executive Director Paul Har-
ton. Paul is a Nevada City
resident and the former gen-
eral manager of the Briar-
Patch Food Coop whose sales
grew from $1 million to $15
million during his 13 years
there. He will manage daily
operations to make sure that
only qualified patients are
served, prevent diversion
and keep youth and the sur-
rounding neighborhood safe.
We have picked a location
for Growing Community
at the end of Lower Grass
Valley Road in Nevada City.
The building is zoned light
industrial and is far from
residential neighbors. We
are committed to being good
neighbors and are working
with the businesses on our
street to minimize impacts.
The Nevada City’s City
Council has a hard choice to
make. But if you want our
community’s first medical
cannabis dispensary to be
run by local people, serve pa-
tients with medicine grown
by local farmers committed
to protecting the environ-
ment, and to give its profits
to local nonprofits rather
that enrich outside investors,
than please contact the May-
or and City Council to let
them know how you feel.
I have lived in Nevada
County for over 40 years and
have three children and six
grandchildren in the area.
Here is the website I built
during my husbands illness:
http://www.cannabis-can-
cer-info.org.
Beate Moore is a board
member of Growing
Community and lives in
North San Juan.
BY JOHN CARR
When the call comes, first
responders answer
O
ne call came
from dispatch
about an older
couple attempt-
ing to evacuate their home,
but without power they
couldn’t get the garage door
to open.
Another came from a first
responder going door-to-
door to evacuate a home,
reporting the fire was
now within 10 feet of the
residence.
Another came from a
person helping to evacuate
animals, in desperate need
of a trailer to haul horses to
safety.
And then onto the next
call … and another … and
another.
From midnight Monday
on, the calls kept coming —
and likely even more are be-
ing made as you read this —
about people needing help
… in dire danger due the
major fires burning through
our community this week.
But in each instance, our
first responders answer each
call.
And our community is so
grateful they do,
Sure, for the vast majority
of them, it’s their job. They
are paid to often put them-
selves in perilous predica-
ments in order to ensure the
rest of us remain safe. But
put yourself in their shoes
for a moment.
Thousands of people are
threatened by fast-moving
wildfire — the sort of which
we’ve all feared would one
day rage toward our resi-
dential areas — needing to
evacuate. Many residents
received a “code red” call,
while others — perhaps
without power — did not,
meaning our first respond-
ers proceed as though
they’re delivering the diffi-
cult news firsthand.
Driving down twisting dirt
roads to find homes tucked
Feedback: On Lobo, McCourtney fires
The following comments
were posted at TheUnion.
com or The Union’s Face-
book page:
On stories reporting on
the Lobo and McCourtney
fires:
Britica Pratt — Serious-
ly so very thankful for our
community’s brave first
responders! Thank you ev-
eryone for working so hard;
and so so sorry for those
that have lost so much.
Greg Zaller — Whether
or not this fire was the re-
sult of an escaped homeless
campfire, the danger of this
will always be high until our
leaders take the responsibil-
ity to make a safe locations
for our homeless to exist.
The insanity of this unnec-
essary risk.
Wendy Burrows Bardsley
— Thank you for keeping
everyone updated. Boggles
my mind.
Janet P Isely — These
BRIAN HAMILTON
Editor
deep into these foothills,
they knock on doors in the
dead of the night, waking
many who answer with the
worry that their home could
soon be gone.
Some spring to action, put
their plan to work, gathering
loved ones and pets before
making a quick departure.
Some panic and begin a
frantic search for prized pos-
sessions, an act we all know
should have been done long
before the knock came to
the door.
And some might even
argue over the need to leave,
putting themselves — and
anyone attempting to later
rescue them — further in
peril.
And then onto the next
door … and another … and
another.
Listening to the scanner
traffic, as reports are relayed,
the collaborative efforts
among our police, fire and
emergency responders is
readily apparent — as entire
neighborhoods are sys-
tematically, and efficiently
evacuated.
“What’s different in our
community than in some of
the larger metro areas is that
our public safety people are
a cohesive group,” Sheriff
Keith Royal said Tuesday
morning. “We’re all friends,
we know each other and we
work together very well in
all aspects. Our staff cares.
We live here. Our goal is to
keep the community safe.
“Unfortunately, in recent
years, we’ve had several
recent fires are terrible and
sad.
Jk Rydberg — My
thoughts are with the peo-
ple watching their home
burn, losing so much. Very
sad for them.
Laurie Davis — Thankful
for our firefighters and Law
Enforcement Officers! You
are appreciated! Great job!
Misty Conklin — Our fire
crews are the best! God
bless them!
Wanda Lund — Poor
people in Rough & Ready.
Just got up from that bad
one years ago.
Rebekah Terrassa — My
heart goes out to all the
families displaced.
Kathi Murray Cox —
Thanks to all of you who are
working so hard to save our
community!
Crystal DuShane —
Thank you all firefighters,
volunteers, media — every-
one helping, even if it’s only
prayers, you’re awesome.
events like this. But when
the shoe drops … everybody
jumps on board.”
According to the Office
of Emergency Services sev-
eral dozens of people who
were evacuated received
the support of volunteers at
evacuation centers, with 113
people at Twin Cities Church
and 25 more at First Baptist
Church.
“Still have room and food
for more people if you want
to come in and rest,” OES
reported via Facebook.
In addition to our local
folks, Royal said our com-
munity also received support
from first responders from
the cities of Roseville and
Lincoln, as well as Placer
County. Nevada County’s
Search and Rescue volun-
teers have also been called
on for assistance.
And if the knock does
come, one way we can
help them is to follow their
directions.
“If the call comes out that
they should evacuate,” Royal
said, “everyone should do
that.”
“Any home can be rebuilt,
but you can’t rebuild your
life is you lose that.”
Get in the know
with ‘Notify Me’
One way area residents
can ensure they’re getting
the latest information from
our first responders is to
sign up for emails and text
messages through the Neva-
da County Office of Emer-
gency Services.
It’s an easy straightfor-
ward process that Taylor
Wolfe, a county adminis-
trative analyst, walked me
through this morning.
Go to MyNevadaCounty.
com and scroll down to click
on the “Stay Informed” icon,
which will take you to the
“Notify Me” page, where you
can enter your email address
David Rosprim — Thank
you for providing this.
Power of livestreaming and
social media.
Holly Greer — Watch-
ing and praying for my
hometown from Colorado
Springs.
Sally Vigil — Thank you
to The Union, your photog-
rapher and newsman for
OUR POLICIES
LETTERS TO THE EDITOR
Letters are limited to 200 words.
Kudos must be 100 words or less.
Please include your name, address
and phone number.
OTHER VOICES
“Other Voices” may be 500 to 750
words in length. Please include
your name, address, daytime phone
number and a paragraph at the end
describing yourself.
EMAIL TO
letters@theunion.com
and/or cell phone. Check the
boxes on the updates you’d
like to receive — wheth-
er from the “Alert Center,”
which provides the latest
wildfire updates, or infor-
mation from various county
departments — and then
hit “Save” (see this story at
TheUnion.com for a direct
link).
You’ll soon receive the
latest information in your
email in box or via text
message.
The Union NOW live
scanner feed
We recently launched The
Union NOW, found on the
home page of TheUnion.
com, in order to quickly
share information to our
website from our social me-
dia accounts.
Reporters and editors on
the scene of an incident can
quickly post information
through their mobile phones
that is published via this
portal to all of The Union’s
social media accounts. You
don’t need to be on Twitter,
Facebook or Instagram to
view the latest information
from The Union newsroom
— and various other relevant
social media efforts.
In addition to those most
recent posts, you’re also
able to listen live to our
public safety scanner traffic
through an app we’ve added
to the page. This new feature
has proved popular this
week, as we all seek the very
latest information on this
very dangerous situation.
And, if you’re looking to
have breaking news deliv-
ered directly to your mobile
phone, simply text Union-
News to 86677 to receive
The Union’s text alerts.
Contact Editor Brian
Hamilton at bhamilton@
theunion.com or
530-477-4249.
excellent coverage all day
long!
Harold Michael Taka-
hashi — Several years ago, I
was watching the helicopter
doing this at Loon Lake. It
was coming close enough
to feel the downdraft and
exhaust blasts. Very im-
pressive and quite effective.
Good job, Cal Fire.
The Union accepts one submission per
author, per 30-day period, although
an opportunity for rebuttal will be
granted on a case-by-case basis. Due
to length, letters to the editor are
often able to be published sooner
than Other Voices submissions. In
the interest of clarity, The Union
only accepts electronic submissions.
Selection of letters and Other Voices
for publication is at the discretion
of the editor. The Union reserves
the right to edit for length, clarity
and content on all submissions. All
submissions become the property of
The Union.
A6 | Wednesday, October 11, 2017 | The Union

FROM PAGE ONE

FIRE
From page A1
They didn’t know the house was gone
until they saw video of it burning on The
Union’s live feed, they said. A photo that
ran on the front page of evacuees watch-
ing the fire turned out to be Pemberton’s
children.
“It’s not going to get easy any time soon,”
Burrell said. “Right now, we’re sifting, we’re
finding some things here and there. We
literally lost everything.”
On Monday, friends of the family had
started a GoFundMe page to help.
Burrell is trying to keep their losses in
perspective, saying, “I hope nobody got
hurt, I hope everybody got out … You can
rebuild a house.”
Dan and Carolyn Harbert lost their
home of 33 years Monday; Tuesday morn-
ing, they were trying to tie up loose ends,
canceling utilities and newspaper delivery,
among other chores.
A neighbor on Burkard Lane (off Rough
and Ready Road) woke them with a phone
call at 4 a.m. Monday, Dan said.
The fire “was already right there,” Dan
said. “I walked out and could see embers
flying over.”
Carolyn shut the cat in the bathroom and
they began packing what they could in the
dark with only flashlights.
“She said, ‘I’m not leaving till they tell
me to,’” Dan said. But after his shop caught
fire, he was able to convince her it was time
to go.
“We had an hour to get out, that’s all,” he
said. “I watched it get closer and closer.”
Like many of those who self-evacuat-
ed, the Harberts didn’t know where to go,
heading first to Western Gateway Park and
the fairgrounds before winding up at their
daughter’s house.
And like many evacuees, the Harberts
spent the day in limbo, with no idea
whether their house had survived.
“They wouldn’t let us in (to the area),”
Carolyn said, adding their daughter drove
by Monday evening and could tell the
house was gone.
Now the Harberts are coming to terms
with losing the homestead where they mar-
ried and generated a lifetime of memories. BRIAN HAMILTON/BHAMILTON@THEUNION.COM
“It’s not our greatest loss,” said Carolyn, Firefighters managed to knock down a blaze in south county — called the Garden Fire —
tearing up as she explained she lost two before it could get bigger than 10 acres.
grandchildren in a fire several years ago.
“You can always lose more.” UPDATE Fairgrounds, reached 72 evening, Cal Fire said.
From page A1 acres and was at 65 percent Almost 2,300 PG&E
To contact Staff Writer Liz Kellar, containment. customers remained with-
email lkellar@theunion.com or call An order for the Lobo That blaze has no man- out power around 3 p.m.
530-477-4236. Fire has led to the evacua- datory evacuations, though Tuesday, a representative
tion of 818 homes. An- 320 residences are in an said.
other 4,280 homes are in evacuation advisory area.
an evacuation advisory The two fires have de- To contact Staff Writer
area, the county’s Office of stroyed 245 structures Alan Riquelmy, email
Emergency Services stated. and damaged an unknown ariquelmy@theunion.
The McCourtney Fire, amount of other buildings. com or call 530-477-4239.
which began late Sunday Almost 700 firefighters Staff Writer Matthew Pera
near the Nevada County battled the blaze Tuesday contributed to this report.

SUSPECT The gas can was in a trash basket that held

From page A1
Pestana was convicted of second-degree
murder in 1973 and served time in Soledad
Prison in California, the (Gardnerville,
Nev.) Record-Courier has reported.
The questioning in Nevada County Su-
perior Court was part of a hearing that led
PHOTOS BY ELIAS FUNEZ/ Judge Robert Tice-Raskin to find enough
EFUNEZ@THEUNION.COM probable cause existed to advance the mur-
ABOVE: Plumes of smoke der case to trial.
from the Lobo Fire ema- Ward is next scheduled to appear in
nate from a ridge below court on Oct. 20.
Bitney Springs Road near Liller was the first witness on Tuesday to
Lake Wildwood Monday testify for the prosecution.
afternoon. RIGHT: The detective said he responded to re-
Evacuated residents ports of a man down at the home in the
from the Lake Wildwood 22000 block of Highway 20, finding Pesta-
region sit on the Lake na in a cabin.
Wildwood dam as they “I saw a male subject with a large
wait word on when amount of blood around and he was laying
they can return to their on his back,” Liller said. “I immediately
homes. noticed the smell of gasoline.”
Liller had to enter the cabin through a
side door, and saw the front door blocked
with a mattress once inside the building.
garbage. It appeared that some gas had
been poured out, the detective testified.
Speaking to others who live on the prop-
erty and a neighbor, Liller was told that a
man known as “Joey” — later identified by
authorities as Ward — was looking for a
garage door opener earlier that day. One
person told the detective she thought Pes-
tana kept money in the garage, Liller said.
The disappearance of Ward, along with
Pestana’s dog and vehicle, on the morning
of June 7 drew concern. Some people saw
Ward leave the cabin where Pestana later
was found, and the presence of a medallion
in Pestana’s trailer, jewelry he always wore,
worried his girlfriend, Liller said.
Authorities at the time said Ward was
a person of interest in the case. They ar-
rested Ward in Carson City the day after
Pestana’s body was found. Pestana’s car
was found outside the apartment of Ward’s
mother.
To contact Staff Writer Alan Riquelmy,
email ariquelmy@theunion.com or call
530-477-4239.

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B4 | Wednesday, October 11, 2017 | The Union

NEVADA COUNTY CAPTURES

PHOTO SUBMITTED BY JAY NAU PHOTO SUBMITTED BY TIM O’BRIEN

View on McCourtney Road looking from Bonnie View at fire early Monday morning. Air tanker in flight after battling local fires Monday.

PHOTO SUBMITTED BY SUSAN HURD PHOTO SUBMITTED BY DONNA FOUNTAINE

View of Lobo Fire across from the Lake Wildwood dam. View of smoke coming form the Lobo Fire Monday.

PHOTO SUBMITTED BY ALVIN PENNINGTON PHOTO SUBMITTED BY MIKE DOBBINS

Air tanker dropping fire retardant on a local hot spot. Tree falls on a power line in Lake Wildwood Monday afternoon during the Lobo fire.

PHOTO SUBMITTED BY DANIEL SMITH

PHOTO SUBMITTED BY ARNOLD GOLDBERG Photo taken Tuesday morning on the north end of N. Ponderosa Way off of Rough &
Around 9:43 p.m. last Sunday, a fire at Red Dog Road and Thor Lane. Firefighters re- Ready Hwy. The major fire damage was stopped at this property where firemen found
sponded and were able to put it out quickly. the gate locked. The house on the property was lost.

PHOTO SUBMITTED BY SOFIA DEGRUCCIO

View of Lobo Fire from a residential area nearby.
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Small spot fire being put out in Rough and Ready. Also check out our Instagram Page and tag us @theunionnews!