GUILTY CA - David Wicks, 54, clerk burned alive at gas station, Burney, 21 Dec 2016

[Elley Mae]

Sheriff's officials said Thursday that Venegas was arrested at his home on Telecaster Lane in west Redding after he was seen by detectives driving a blue Toyota truck. Detectives served a search warrant and booked him into the Shasta County Jail on suspicion of murder.

According to a sheriff's report filed in Superior Court, a detective interviewed Venegas on Dec. 23.
Venegas said he heard about the homicide through Facebook, but refused to provide a DNA sample and eventually left the interview, according to the report.
BBM

http://www.redding.com/story/news/l...ould-potentially-face-death-penalty/96854608/

I've seen mention of the blue Toyota truck in more than one article and I wonder why. Is there some signicance to the truck?

What caused LE go interview Venegas two days after the murder? Why did they zero in on him right away? Although LE hasn't said that Wicks and Venegas knew each other, I wonder if Wicks' wife knew of some serious issue between them.

Would there be DNA samples of Venegas because he had a criminal record (are samples take routinely?) or could clever LE offer him something to drink during the interview and have gotten it off the container?

Items found during the sheriff's investigation, including rain gear found in Johnson Park, were sent to the California Department of Justice for DNA analysis. The analysis showed the items belonged to Venegas, according to the Sheriff's Office.

http://www.redding.com/story/news/l...ould-potentially-face-death-penalty/96854608/



In the days after the deadly attack, detectives and volunteers conducted searches in the area and collected “several pieces of evidence” in Johnson Park, according to Jackson.

The evidence, he said, was sent to the California Department of Justice’s laboratory to test for DNA.

“As a result of the DNA analysis of different pieces of evidence, a suspect DNA profile was identified as belonging to Juan Manuel Venegas,” Jackson said.


http://www.latimes.com/local/lanow/...clerk-burned-alive-burney-20170120-story.html



During the investigation several items were found around Johnson Park that Shasta County Sheriff’s Detectives believe were evidence and they were sent to the state Department of Justice Lab. The DNA analysis pointed to 39-year-old Juan Manuel Venegas, a longtime resident of Fall River Mills, Burney and Johnson Park.

http://www.kqms.com/2017/01/20/man-arrested-for-murder-of-burney-man/

I think his dna was on the rain suit, and possibly other items found, maybe the container with the flamable liquid aswell. jmo idk

 

[Lilibet]

<Rsbm for focus>

During the investigation several items were found around Johnson Park that Shasta County Sheriff&#8217;s Detectives believe were evidence and they were sent to the state Department of Justice Lab. The DNA analysis pointed to 39-year-old Juan Manuel Venegas, a longtime resident of Fall River Mills, Burney and Johnson Park.

http://www.kqms.com/2017/01/20/man-arrested-for-murder-of-burney-man/

I think his dna was on the rain suit, and possibly other items found, maybe the container with the flamable liquid aswell. jmo idk

Thanks for posting all those links and quotes. It's nice to have them in one place. But I guess my question was confusing. It was rhetorical, since no one here can answer it. I know where they got the DNA to analyze, but where did they get the DNA that allowed them to match it to Venegas? If his DNA isn't already in the system somehow, there is nothing to which they can match the DNA obtained from the evidence sent for analysis. It would be considered unidentified DNA.

He refused to give a DNA sample when he was interviewed 12/23. So I'm just curious if a DNA sample was taken during his previous encounters with the justice system. Is an inmate (if he was incarcerated) required to provide a DNA sample? Or was it surreptitiously obtained (from a soda can or something) while he was being interviewed about the murder. Or do tribe members provide DNA for genealogical purposes. In the Pit River tribe there are 11 different "bands" and I imagine DNA might have helped identify which band he is in if his family didn't know. So it could have been on record with the tribe (complicated by the fact that he appears to have an identical twin brother).

It's not important to know, and we will likely never know, but I was just curious how they already had his DNA since he refused to give a sample. Curious is my middle name.

 

[Indy Anna]

Juan Manuel Venegas, 39, who was arrested Thursday at his home on Telecaster Lane in west Redding, saw his bail set at $5 million by Superior Court Judge Cara Beatty.

But he did not enter a plea during his first court appearance because the Shasta County Public Defender's Office, appointed to represent him, first needs to conduct a background check to ensure it can take on the case.

Venegas is due back in Superior Court next Monday for further arraignment.

[...]

The (rain)suit smelled of an accelerant and authorities sent it to the California Department of Justice for testing, the sheriff's report said. The tests revealed on Dec. 30 that Veneagas' DNA was found on the inside wrist cuffs of the rain suit, as well as on the bicycle and a ski mask deputies recovered.

snipped

http://www.redding.com/story/news/l...killer-fails-enter-plea-arraignment/96960920/

 

[Indy Anna]

According to the sheriff's report, detectives also interviewed on Dec. 24 Tara Heffley, who lives in Burney.

She told detectives that Venegas was at her home for only a few minutes around 5:30 p.m. on the day of the murder, according to the sheriff's report. He came back to the home around noon the next day.


"Heffley stated Venegas looked like he had been up all night, pacing around the house and he acted nervous," the report said.


Venegas said people were identifying him as a possible suspect in the homicide and telling her to remember he was at her house on the night of the murder around 6:30 p.m. But she told deputies she was confident he was at her residence about an hour earlier.

snipped

http://www.redding.com/story/news/l...killer-fails-enter-plea-arraignment/96960920/

 

[Indy Anna]

During the course of the investigation, detectives canvassed the Garden Lane area of Johnson Park and spoke with a man identified as Jason Valentine, who saw the bicycle Venegas presumably used for his getaway at a nearby home, according to the sheriff's report.

That tip led detectives to interview the home's occupants, Jerry James White and his girlfriend, Brittney Omstead, who told detectives Venegas was at the residence shortly before 5 p.m. on the day of the murder.


"Omstead informed detectives that Venegas was acting strange and wearing a black-colored hooded sweatshirt," the sheriff's report said, adding that White, who said he had loaned his bicycle to Venegas about three months before, also said he was acting strange and asked for a toy gun.

snipped

http://www.redding.com/story/news/l...killer-fails-enter-plea-arraignment/96960920/


Some of the people interviewed may be able to provide somewhat of a motive if Venegas doesn't provide one himself. I also wonder if he sustained any burns to his right foot, which would help to positively ID him as killer. Even without any burns, sounds like investigators have sufficient evidence.

 

[Lilibet]

snipped

http://www.redding.com/story/news/l...killer-fails-enter-plea-arraignment/96960920/


Some of the people interviewed may be able to provide somewhat of a motive if Venegas doesn't provide one himself. I also wonder if he sustained any burns to his right foot, which would help to positively ID him as killer. Even without any burns, sounds like investigators have sufficient evidence.

Thanks so much for posting these quotes, Indy Anna. I wondered about burns too. I'm sort of picturing him riding off on the bike with flames from his foot trailing behind him...a strange sight if someone drove by! How would he hide a burn like that from his wife? I had wondered why he ditched everything nearby, but if he was injured he may have gone as far as he could.

I wonder what he wanted the toy gun for. A stick up?

If Venegas told Heffley that people were identifying him as a possible suspect, there must have been a well known negative connection to Wicks.

It's interesting that Venegas had borrowed the bike about three months ago. In my experience, when you see an adult who is clearly not a cyclist riding a bike like that in a rural area, usually without a helmet, it's easy to assume he got a DUI. JMO So are there drugs of some kind involved? Meth? Heroin? Marijuana? But how did he get to Johnson Park from Redding? It's over an hour driving.

 

[Lilibet]

Funeral for David Wicks at the highschool gym in Burney. What a loving and beloved man.

http://www.redding.com/story/news/l...iends-remember-david-wicks-memorial/96884322/

http://www.krcrtv.com/news/local/shasta/funeral-held-for-david-wicks/286431828

In Loving Memory
David Eugene Wicks

David Eugene Wicks of Burney died tragically Wednesday, December 21, 2016, in Burney, California.

Dave was born January 18, 1962, in Carson City, Nevada. He spent his whole life in Northern California and in the Reno-Carson City area.

At a very young age he picked up a guitar and learned to play. Music became a big part of his life. Actually, he spent much of his adult life employed in the entertainment field.

At a very young age Dave also began a search for God. He attended church as a youth, even when other members of his family were not. His search for God continued into his adult life when he went from church to church looking for something that made sense to him, something he could really believe in. In fact, at one point in his 20’s he became depressed when his search for God in various churches left him empty.

Back to Dave’s music. He was playing music at the Rex Club in Burney in October, 2000. That’s where he met Sonja. She was to become the love of his life. A relationship developed and they were married in February, 2002.

Back to Dave’s search for God. Sonja had been receiving visits from Jehovah’s Witnesses in their door-to-door ministry. Dave answered the door and he liked what he heard. By early 2005 Dave and Sonja were having a regular Bible study with Jehovah’s Witnesses in their home. Dave finally found what he had been looking for. He could live forever in paradise on earth. He could see his dead loved ones resurrected to life right here on earth. He found a religion who answered all of his questions right from the Bible.

Dave’s life changed. His appearance changed as well as the life style common in the entertainment world. Dave became a happier person. He and Sonja were baptized as Jehovah’s Witnesses in 2006. Dave began sharing his new-found faith with his neighbors. Dave did this primarily in the door-to-door ministry of Jehovah’s Witnesses. Dave loved to be with people and meet strangers and this part of his personality served him well in his ministry work.

Dave touched the hearts of everyone he met with his friendly smile and infectious personality whether it was through his public ministry, his music or his secular work. Dave had a knack for remembering names and this served him well as he interacted with people. No one was a stranger to Dave.

Dave was a giving person, often offering to help others with a variety of needs. Dave had a motto: “view people as God views them.” That view showed in how Dave treated others.

Dave was preceded in death by his brother, Michael Miller.

Dave is survived by his wife, Sonja, and his mother, Karen Deriso, and sons, Justin and David Wicks, and daughter Megan Wicks, stepdaughter, Yvonne Hand, and grandchildren.

Dave is also survived by twin sisters Jennifer and Jessica Deriso, Uncle Richard and Linda Bacon, and many nieces and nephews.

Memorial service for Dave Wicks will be held at the Burney Senior High School Gymnasium on Saturday, January 21, at 2 p.m.

Anyone wishing to help Sonja with expenses may do so through a “Go Fund Me” account online or at the US Bank in Burney.

http://www.mountainecho.com/newobituaries.html

 

[Elley Mae]

According to the Shasta County Clerk's Criminal Division, Venegas has been convicted four times for misdemeanors between 2012 and 2014. Two other misdemeanor cases were dismissed in 2014.

http://www.krcrtv.com/news/local/sh...s-undisclosed-motive-is-interesting/282737930

bbm I think he was in the data base.


https://oag.ca.gov/fingerprints

 

[Lilibet]

According to the Shasta County Clerk's Criminal Division, Venegas has been convicted four times for misdemeanors between 2012 and 2014. Two other misdemeanor cases were dismissed in 2014.

http://www.krcrtv.com/news/local/sh...s-undisclosed-motive-is-interesting/282737930

bbm I think he was in the data base.


https://oag.ca.gov/fingerprints

I'm sure his fingerprints were in the data base, but unless he had been previously convicted of a felony his DNA would not be. LE needed his DNA sample in order to match the DNA on the evidence. I imagine they may have offered him a soda during the interview and gotten it that way. At least that's what I'd like to think after watching crime shows,

https://oag.ca.gov/bfs/prop69/faqs

 

[Lilibet]

Kyle Cantrell, a close friend of Wicks, said he knows Venegas personally and that he was not surprised to learn that Venegas had been arrested due to his prior arrests and drug use. However, he added that he was surprised because he doesn't know why Venegas would target Wicks, specifically.
"She [Dave's wife] knows who he is, but none of us can ever think of a time that he was in there or a problem would've occurred; but, we don't know, and the only person who would know unfortunately is no longer with us."

http://www.krcrtv.com/news/local/sh...s-undisclosed-motive-is-interesting/282737930

 

[Lilibet]

Venegas' motive is "interesting."

Lt. Bertain said investigators from the Major Crimes Unit will continue to investigate the incident.
"We're still investigating all motives as to why this occurred. Again, I'm not going to elaborate as to what we have or why he decided to do this against Mr. Wicks, but it's interesting, to say the least, as to why he would do something like this," he said.

http://www.krcrtv.com/news/local/sh...s-undisclosed-motive-is-interesting/282737930

 

[Elley Mae]

Two days after the incident, the Sheriff's Office said they found a yellow suit and black beach cruiser bicycle resembling the one Venegas is suspected of wearing in the surveillance footage.


http://www.krcrtv.com/news/local/sh...s-undisclosed-motive-is-interesting/282737930

Sheriff's officials said his arrest was based on evidence collected and identified during the investigation.

http://www.redding.com/story/news/l...ould-potentially-face-death-penalty/96854608/

Sheriff's officials said Thursday that Venegas was arrested at his home on Telecaster Lane in west Redding after he was seen by detectives driving a blue Toyota truck. Detectives served a search warrant and booked him into the Shasta County Jail on suspicion of murder.

http://www.redding.com/story/news/l...ould-potentially-face-death-penalty/96854608/

According to a sheriff's report filed in Superior Court, a detective interviewed Venegas on Dec. 23.

Venegas said he heard about the homicide through Facebook, but refused to provide a DNA sample and eventually left the interview, according to the report.

Items found during the sheriff's investigation, including rain gear found in Johnson Park, were sent to the California Department of Justice for DNA analysis. The analysis showed the items belonged to Venegas, according to the Sheriff's Office.

bbm
It sounds like they were able to get at least 2 items from the interview at his home. Maybe it was a cigarette butt or an item from the truck, a soda can perhaps. jmo

 

[SandyQLS]

...RSBM... He has a long local court record dating back to the mid-1990s, including several property crime convictions, driving under the influence charges, battery and resisting arrest, according to Shasta County electronic court records.

lilibet -

In California, a law approved by voters went into effect on January 1, 2009, that required police to collect DNA samples from anyone arrested for probable cause of a felony. All this DNA was sent to a database. California has a huge forensic DNA database--the third largest in the world.

Beginning in October 2009, the ACLU filed a federal challenge to the law claiming it was unconstitutional. https://www.aclunc.org/news/aclu-lawsuit-challenges-californias-mandatory-dna-collection-arrest

In 2013, the Supreme Court ruled that these DNA collection laws (23 states have or had them) were valid in a case known as Maryland v King http://en.wikipedia.org/wiki/Maryland_v._King

However, state court challenges to California's DNA collection law were then won claiming that the law was a violation of California's constitution, and a California appellate court upheld it in December 2014. https://arstechnica.com/tech-policy...equiring-dna-collection-for-felony-arrestees/

The state of California Bureau of Forensic Services hosts this website with answers to frequently asked questions about DNA: https://oag.ca.gov/bfs/prop69/faqs

So it is very possible that the suspect was arrested during that period 2009-2014 on probable cause of a felony with a DNA sample collected regardless of whether or not he was ever convicted of that felony.

This case is an example of WHY California voters approved the law in the first place.

 

[Elise]

Thanks to SandyQLS's post, I figure he was probably in the database already. If not, they likely got it from something he used, like a cigarette butt or maybe even a can he drank out of there at the station. Tweekers aren't really the brightest people, so I can see him drinking something there at the station or tossing a cigarette butt out.

If it's none of the above, it was said he has an identical twin. If so, could they have used DNA from the twin instead? Is that even legal? Identical twins have the same DNA, but would it be challenged in court if the DNA they got from a twin was used to arrest the other one? Obviously, a match is a match, I'm just curious about the legality of it.

 

[Lilibet]

lilibet -

In California, a law approved by voters went into effect on January 1, 2009, that required police to collect DNA samples from anyone arrested for probable cause of a felony. All this DNA was sent to a database. California has a huge forensic DNA database--the third largest in the world.

Beginning in October 2009, the ACLU filed a federal challenge to the law claiming it was unconstitutional. https://www.aclunc.org/news/aclu-lawsuit-challenges-californias-mandatory-dna-collection-arrest

In 2013, the Supreme Court ruled that these DNA collection laws (23 states have or had them) were valid in a case known as Maryland v King http://en.wikipedia.org/wiki/Maryland_v._King

However, state court challenges to California's DNA collection law were then won claiming that the law was a violation of California's constitution, and a California appellate court upheld it in December 2014. https://arstechnica.com/tech-policy...equiring-dna-collection-for-felony-arrestees/

The state of California Bureau of Forensic Services hosts this website with answers to frequently asked questions about DNA: https://oag.ca.gov/bfs/prop69/faqs

So it is very possible that the suspect was arrested during that period 2009-2014 on probable cause of a felony with a DNA sample collected regardless of whether or not he was ever convicted of that felony.

This case is an example of WHY California voters approved the law in the first place.

BBM

Thanks so much for laying it out clearly. Now it makes sense. I linked the same California Bureau of Forensic Services site on my post, but was going cross-eyed trying to interpret it and figure out if it could have applied to Venegas. I can see that it's likely his DNA was in the database.

 

[Lilibet]

Thanks to SandyQLS's post, I figure he was probably in the database already. If not, they likely got it from something he used, like a cigarette butt or maybe even a can he drank out of there at the station. Tweekers aren't really the brightest people, so I can see him drinking something there at the station or tossing a cigarette butt out.

If it's none of the above, it was said he has an identical twin. If so, could they have used DNA from the twin instead? Is that even legal? Identical twins have the same DNA, but would it be challenged in court if the DNA they got from a twin was used to arrest the other one? Obviously, a match is a match, I'm just curious about the legality of it.

Using an identical twin's DNA to provide a match for the DNA on the evidence would undoubtedly open up a legal can of worms. I don't think they could make the charges stick with only DNA. Here are some crazy cases with identical twins.

In this one the accused twin tried to blame his brother for rape based on their DNA being identical. He was convicted, but his twin was also convicted of sex crimes in another state!

http://www.cnn.com/2013/11/20/justice/colorado-soldier-evil-twin-defense/

One of these identical twins was arrested for murder and denied it, pointing to his brother. DNA couldn't prove his innnocence but his brother's fingerprints proved he was the murderer.

http://abcnews.go.com/TheLaw/atlanta-twin-murder-case-echoes-fingerprint-origins/story?id=9909586

And there are more. So if Vernegas has an identical twin, as I believe he does, I wonder if it will end up being part of the case in some way.

 

[Indy Anna]

Unless it rained before the rain gear and bicycle were located, those items likely hold sufficient finger prints to incriminate the guilty party.

 

[Elley Mae]

Venegas' motive is "interesting."

Lt. Bertain said investigators from the Major Crimes Unit will continue to investigate the incident.
"We're still investigating all motives as to why this occurred. Again, I'm not going to elaborate as to what we have or why he decided to do this against Mr. Wicks, but it's interesting, to say the least, as to why he would do something like this," he said.

http://www.krcrtv.com/news/local/sh...s-undisclosed-motive-is-interesting/282737930

Deputy: suspected murderer's undisclosed motive is "interesting"

bbm

 

[Elley Mae]

Using an identical twin's DNA to provide a match for the DNA on the evidence would undoubtedly open up a legal can of worms. I don't think they could make the charges stick with only DNA. Here are some crazy cases with identical twins.

In this one the accused twin tried to blame his brother for rape based on their DNA being identical. He was convicted, but his twin was also convicted of sex crimes in another state!

http://www.cnn.com/2013/11/20/justice/colorado-soldier-evil-twin-defense/

One of these identical twins was arrested for murder and denied it, pointing to his brother. DNA couldn't prove his innnocence but his brother's fingerprints proved he was the murderer.

http://abcnews.go.com/TheLaw/atlanta-twin-murder-case-echoes-fingerprint-origins/story?id=9909586

And there are more. So if Vernegas has an identical twin, as I believe he does, I wonder if it will end up being part of the case in some way.

bbm

I have seen nothing that says he has a twin, if that is/was coming from the post(27)to a fb page that was/is not the same person. I looked for link to him being a twin and the only thing I found comes back here, if there is a msm/news link to the twin talk I would love to see it. anyone?

 

[al66pine]

Link below is from Lilbet Post #51. Thank you very much, Lilibet.

http://www.krcrtv.com/news/local/sh...s-undisclosed-motive-is-interesting/282737930 Jan 20, has a 2 min news vid, w clips of vehicles turning from driveway/side road onto road, also shows a tent(?) w stuff (I cannot identify beside it), also a sky shot w helicopter in frame, etc.
No audio or voiceover explaining how these clips relate to crime. Are they related? What do they show us? Anyone? TiA.