Johnny D. McClerkin was recently ordered to a 24-month term of probation on a suspended 12-30 month prison sentence for an ex-felon in possession of a firearm category B felony charge.
The offense occurred while living in a rural agricultural area of Kings River Valley in Humboldt County.
Records indicate that McClerkin was transparent in the firearm possession with deputies during the investigation, although he is not supposed to possess any firearms due to at least one felony offense from decades ago.
“He’s been leading a life of a standard rural American, not realizing that although he has problems with coyotes and wolves and badgers and squirrels, he’s not lawfully able to shoot at them,” said Mclerkin’s attorney Bob Dolan.
Dolan said the state agreed to plea negotiations in which a proposed term of probation would not be opposed, and after successful completion, McClerkin could come back to the court and have the offense reduced to a gross misdemeanor charge.
“My client is now receiving appropriate medical care and attention and the erratic behavior that led him here today was being affected by not being properly diagnosed and treated by medical professionals,” said Dolan. “He is now on appropriate medications.”
Deputy District Attorney Kevin Pasquale recommended probation and a 24-60 month suspended prison sentence.
McClerkin said he had lost two Great Pyrenees dogs to predators in the area he lives and that most of the firearms he possessed are family heirlooms which he intends to pass on to his son.
“I’m not a violent person, I’m a good guy, I help my neighbors all the time,” said McClerkin. “I hope you take that into consideration. I’m sorry I caused all this problem, really I am.”
Sixth Judicial District Court Judge Michael Montero ordered McClerkin to 24 months of probation with three days credit for time served on a suspended 12-30 month prison sentence with a $153 DNA collection and analysis fee and $25 administrative assessment fee.
McClerkin was ordered to abstain from all alcohol, controlled substances, huffing, snorting, smoke shops, vape shops, etc. as a condition of probation.
