The murder and arson trial for a man accused of killing his Los Alamitos grandmother resumed Tuesday, Dec. 18. The case was originally scheduled to resume Monday, Dec. 17. Information about the trial restart was not available when the Sun print edition went to press.
The trial of Joseph Elija Ettima, 29, was delayed by a series of mental competency hearings held from Feb. 15 to Sept. 10 of this year. The court apparently determined that Ettima was competent to participate in his own defense.
Almost four years have passed since Ettima’s grandmother Emma Louise Hardwick-Street, 69, was murdered in the apartment she shared with Ettima’s 8-year-old brother and 3-year-old niece.
According to the police and prosecutors, on Jan. 19, 2009, Hardwick-Street was murdered and her apartment was set on fire with the children inside.
Ettima’s then-8-year-old brother got the 3-year-old girl out of the burning building.
Ettima was later arrested in Mexico on April 15 by U.S. Marshals.
He was originally charged with murder, arson and child endangerment. Since then, the child endangerment charges have apparently been dropped.
Prosecutors say the murder occurred when Hardwick-Street refused to let Ettima, a parolee, stay in her apartment.
If convicted, Ettima could be sentenced to life without the possibility of parole. Prosecutors are not seeking the death penalty in this case. In fact, the Ettima case was never considered for the death penalty.
Ettima remains in custody.
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JFTB accessory case to go to trial
By Charles M. Kelly
A former Seal Beach resident will stand trial on three counts of being an accessory after the fact of two murders, one of which occurred in Los Alamitos in 2010.
At least one family friend disputes the prosecution’s case.
A preliminary hearing ended on Friday, Dec. 14, with an Orange County superior court judge ruling that Rachel Mae Buffett, 25, currently a Costa Mesa resident, will stand trial on three counts of being an accessory after the fact of a murder at the Joint Forces Training Base and another murder in Costa Mesa.
A preliminary hearing is not a trial. The sole purpose of the hearing is to decide if a case will go to trial.
By law, Buffett is presumed innocent until proven guilty.
Buffett entered a not guilty plea at her Dec. 3 arraignment. She was released on $100,000 bail on Tuesday, Dec. 11.
Because the court ruled that she will have to stand trial, she will be arraigned again. Her arraignment hearing has been scheduled for Dec. 26.
As reported in the Sun, Buffett’s former fiance Daniel Wozniak has been charged with fatally shooting Samuel Herr and Juri “Julie” Kibuishi in May 2010.
Prosecutors have accused Wozniak of murdering Herr to get access to his money and murdering Kibuishi to make it appear that Herr had committed the second crime.
Prosecutors have accused Buffet of lying to police investigators to help her then-fiance evade arrest.
Fred Cianciolo believes Buffett is innocent.
“I have known Rachel all her life and she has been one who was always honest and trustworthy and maybe her biggest fault was being a little too naive and always too trusting in other people,” said Fred Cianciolo, an area resident and friend of the Buffett family.
“I do not believe, as her family, that she had any knowledge of the horrific man that she was going to marry,” Cianciolo said.
If convicted of all three counts of being an accessory after the fact of the murders, Buffet faces three years and eight months in prison. If Wozniak is convicted of first degree murder in either of the deaths he is accused of causing, a jury will decide if he should get life without parole or the death penalty.
Crime Log Compiled by Charles M. Kelly
IN SEAL BEACH
Monday, December 3
Burglary Report—6:24 a.m.—Pacific Coast Highway—The caller first noticed a bike with tags still on it, located in front of his business. Then he noticed a smashed window. Police checked and cleared the interior. Police confirmed that the alarm did not activate during the night. Report taken.
Possible Traffic Hazard—8:17 a.m.—Westminster Avenue and Seal Beach Boulevard—The caller reported a possible fuel spill in the traffic lanes. Police unit 141 told dispatch that there were just traces of possible diesel fuel that might have been brought up from the rain.
Suspicious Person—10:32 a.m.—Ocean and Dolphin—The caller said a woman at the end of Dolphin was looking around and taking pictures with her cell phone. Police found a resident who had been trying to get a cell phone signal.
Fraud—2:14 p.m.—Monterey Road—Someone used the caller’s credit card to make purchases totaling $450.32 on Nov. 5. Report taken.
Patrol Check Requested—3:27 p.m.—Crestview and Bayside—An anonymous citizen requested a patrol check of the Hill for an SUV occupied by two men trying to sell stereo equipment.
Tuesday, December 4
Vehicle Burglary—4:09 a.m.—Fir Avenue—The caller, based on second-hand informaiton, believed someone broke into her neighbor’s car. She heard what sounded like the back door of the neighbor’s car being broken. The caller had no suspect information. The owner of the car was out of the country. Police were unable to confirm that a crime had occurred. The vehicle was secured with zip ties. Log entry.
Suspicious Person—1:34 p.m.—College Park Drive—The caller saw a man with what might have been a B.B. gun. He kept pointing the gun around. Police unit 106 contacted two individuals and warned them against shooting a B.B. gun in the park. Both individuals left the area.
Wednesday, December 5
Vehicle Burglary—8 a.m.—Crestview Avenue—The crime apparently occurred during the night. Point of entry: unknown. Loss: two pairs of boots, an iPad and an Apple Touch. Report taken.
Theft from Vehicle—8:16 a.m.—Island View Drive—The crime apparently occurred between 9 p.m., Tuesday, Dec. 4, and the time of the call to police. Point of entry: the driver’s side door and trunk. Loss: a computer and possibly other items. The caller didn’t go through the vehicle. The log described the caller as uncooperative with dispatch. According to the log, the vehicle was unlocked. In California, theft from a car is considered a burglary if the vehicle is locked.
Disturbance—4:22 p.m.—Ocean Avenue—The caller said an unknown number of individuals were hiding in a Christmas tree and yelling at passers by.
Petty Theft Report—5:34 p.m.—Montecito Road—The crime occurred between 7:30 a.m. and the time of the call to police. Loss: two beach cruiser bikes valued at $600, taken from a carport. No suspect information. The call was cancelled prior to the dispatch of a police unit when the caller changed her mind about getting a report.
Thursday, December 6
Grand Theft Report—12:22 p.m.—Oakmont Road—The crime apparently occured between Nov. 27 and the time of the report. Someone took the caller’s 5.5 carat ring worth $5,000. Lost property report.
Friday, December 7
Illegal Peddler—5:51 p.m.—Seal Beach Boulevard—A woman was reportedly following customers through the parking lot, trying to sell something.
Drunk—8:06 p.m.—Main Street—The caller said a man had fallen and was now leaning against a tree. The caller said he appeared to be severely intoxicated. Polict unit 944 contacted the man. An individual who apparently knew the man walked him back to his Old Town home.
Possible Drug Activity—9:56 p.m.—Pansy and Almond—The caller said a man in a Honda handed a bag that possibly contained drugs to another man. The caller said this was a continuing issue with the same vehicle.
Drunk—11:20 p.m.—8th Street and Central—The caller said a man was staggering on foot as we walked eastbound on Central Avenue from 8th Street.
Saturday, December 8
Drunk—1:23 a.m.—Main Street—Police unit 207 found an extremely drunk individual trying to find a safe way home. At 1:31 a.m., the log said the drunk individual left in a cab. Assisted.
Welfare Check—2:45 p.m.—Seal Beach Boulevard—The caller said a woman with a stroller was begging for money in front of the location. The caller thought she might need help. Police unit 106 interviewed her in the field.
Suspicious Occupied Vehicle—7:18 p.m.—Catalina Avenue—The caller reported seeing a driver of an SUV park in the street, get out, run up to a house, then getting back into the SUV before repeating the same actions. Police unit 206 determined that the individuals in the SUV were trying to get their dog. The animal had gotten loose. Dog recovered. Assisted.
Sunday, December 9
Illegal Peddler—5:49 p.m.—Seal Beach Boulevard—The caller said a woman with a small child was panhandling in front of the store. The child was approximately 2 years old.
Burglary Report—12:44 a.m.—Pacific Coast Highway—Loss: a tablet and a track phone, collectively valued at $200. The suspects were described as a black man with a bald head and mustache wearing a black shirt and dark coat with fur on it and a white woman with brown hair, wearing a dark shirt, a dark sweater and brown boots. Report taken.
IN LEISURE WORLD
Tuesday, December 4
Forgery—3:30 p.m.—Interlachen Road, Mutual Unknown—Someone used the caller’s personal information to open accounts. The suspect also used her existing credit card numbers to make purchases. Total loss: approximately $60,000.
IN LOS?ALAMITOS
Friday, December 7
Citizen Assist—2:48 p.m.—Katella and Midway—The caller reported that his 15-year-old son jumped out of the vehicle and refused to get back in. The boy had turned down an unknown side street around Langley and Green. The boy had a cell phone on him and the caller was in a dark grey Ford. The boy was contacted on his phone and agreed to wait for an officer on foot at Lexington and Katella. Patrol officers contacted the boy and the matter was resolved.
Monday, December 10
Disturbance–7:51 a.m.—Farquhar and Los Alamitos—The caller said a woman made unspecified threats to children, parents and a crossing guard. The woman in question was described as being in her 60s, with gray hair, wearing a gray hoodie and plaid jacket with torn jeans. She was reportedly yelling profanities. The caller said the woman might be mentally disturbed. The woman walked away from the scene and patrol was unable to locate her.
IN ROSSMOOR
Monday, December 10
Suspicious Person or Circumstances—12:21 a.m.—Montecito Road—The caller said an apparently drunk woman was stumbling around, trying to open multiple garage doors of units in the complex.
Prowler—12:59 a.m.—Quail Run Road—The caller said he heard noises coming from the neighbors’ former home. They moved out and no one should have been there.
Petty Theft Report—8:35 a.m.—Los Alamitos Boulevard.
Citizen Assist—2:55 p.m.—Christy Lane—Following what the caller, a woman, described as an earlier road rage incident, the driver of the other car followed the caller to her daughter’s school and blocked her in for a few minutes, preventing her from getting out of her car. She told police that she was OK now. The other driver was no longer present.
Suspicious Person or Circumstances—3:41 p.m.—Donnie Ann Road and Wallingsford Road—The caller said several teens might be dealing drugs. A deputy performed a patrol check, but was unable to locate any suspicious activity on Donnie Ann Road.
Citizen Assist—10:44 p.m.—Hillrose Drive—The caller reported possible vandalism. Something apparently blew out one of his house windows.
Tuesday, December 11
Suspicious Person or Circumstances—9:45 p.m.—Tigertail Drive and Oak Way Drive—The caller reported a man driving a vehicle in loops around Tigertail after he was seen walking around the neighborhood. A woman passenger was also in the car.
Suspicious Person in Vehicle—7:04 p.m.—Bradbury Road—A deputy performed a patrol check for an SUV that had apparently been parked for the past 20 minutes. It was not known if anyone was inside.
Wednesday, December 12
Suspicious Person in Vehicle—9:43 p.m.—Bradbury Road—The caller reported a Humvee occupied by an unknown number of individuals had been loitering in the area for the past hour.
Shots Heard, No Suspect Information—11:36 p.m.—Montecito Road—The caller said she had heard a gunshot from behind her location about five minutes earlier.
Thursday, December 13
Suspicious Person or Circumstances—8:34 a.m.—Coleridge Drive and Newbury Road—The caller said two men who were walking down the street had been standing at the corner for the past 10 minutes. The caller thought this was suspicious.
Suspicious Person or Circumstances—10:36 a.m.—Kempton Drive and Montecito Road—A deputy performed a patrol check for a man that the caller said did not belong in the area.
Suspicious Person or Circumstances—3:03 p.m.—Wembley Road—A deputy performed a patrol check on the street in front of the location where a water bottle was filled with a gold-colored substance that the caller thought might be an “acid bomb.” The log did not say if the bottle was, in fact, an acid bomb.
Suspicious Person or Circumstances—6:25 p.m.—Woodstock Road—The caller said a juvenile selling newspapers door-to-door became verbally abusive when he was told to leave.
Suspicious Person or Circumstances—6:44 p.m.—Kenilworth Drive and Shakespeare Drive—A deputy performed a patrol check for anything suspicious. A caller said a man pounded on her door, then went across the street and did the same thing. The suspect was described as a man wearing dark clothing.
Friday, December 14
Vehicle Burglary Report—8:13 a.m.—Montecito Road.
Citizen Assist—8:41 a.m.—Wallingsford Road and Quail Run Road—The caller’s car was hit by another car that was still parked behind the caller’s car. However, no one was inside the other car at the time of the call to police.
Suspicious Person or Circumstances—4:37 p.m.—Foster Road.
Saturday, December 15
Suspicious Person or Circumstances—10:36 a.m.—Montecito Road.
Suspicious Person or Circumstances—12:25 p.m.—Foster Road and Silverwood Drive.
Disturbance—4:16 p.m.—Shakespeare Drive.
Ted Apodaca of the News-Enterprise contributed to this article.
