Former Blue Lake Police Chief David Gunderson was charged with more counts of spousal rape, bringing the total number of counts he's facing to 33, including 30 felonies. Humboldt County Superior Court Judge John Feeney ruled April 30 that Gunderson be held over on 19 counts, but Gunderson's wife, the victim of the alleged rapes, testified, leading to 14 more counts of spousal rape. Gunderson plead not guilty to all charges.
Gunderson's latest victim, who he married, testified that he raped here while she was under the influence of sleeping pills or other drugs once a month between 2005 and 2007. A second victim, Gunderson's ex-girlfriend, testified that he raped her at gunpoint while forcing her to move from the living room to the back bedroom of the home he then shared with her back in 1999. Judge Feeney reduced the kidnapping or transporting a second victim with the purpose of committing rape to forcible rape with the use of a firearm because he felt the kidnapping was incidental to the rape of the then girlfriend.
For Monday's arraignment, [District Attorney Paul]Gallegos left in the original kidnapping charge.
”We think the evidence warrants kidnapping,” he said. “We respectfully disagree with the court.”
During the arraignment, Gundersen's attorney Russell Clanton retained the right to file a motion to dismiss some or all of the charges.
Gundersen appeared in a red jump suit, indicating he is being kept in isolation at the Humboldt County Jail, and was re-fingerprinted during the proceeding.
The former police chief was arrested Feb. 8 on suspicion of spousal rape, and now faces 26 counts of spousal rape with the use of an intoxicant, and charges of violating a court order, attempting to dissuade a witness of a crime, possessing a controlled substance without a prescription and possessing a submachine gun and a pistol with an attached silencer.
Gunderson is being held in the Humboldt County Jail on $1.25 million bail. Jury selection for his trial is scheduled to start June 30. Gallegos estimated that Gunderson's jury selection for the trial will take a week and a half, but Clanton said, "I think we're looking at anywhere from 20 to 30 court days, including jury selection, at a minimum.”
Gunderson was dismissed from his job as Blue Lake police chief May 5.
Counts 1 through 26: Spousal rape with the use of an intoxicant, one count for each month from January 2006 through February 2008, a violation of California Penal Code section 262 (a) (2)
Count 27: Attempting to dissuade a victim or witness of a crime, a violation of California Penal Code section 136.1 (b) (1)
Count 28: Possession of a machine gun, a violation of California Penal Code section 12220 (a)
Count 29: Possession of a silencer, a violation of California Penal Code section 12520
Count 30: Kidnapping a second victim to commit rape, a violation of California Penal Code section 209 (b) (1), with a special allegation of using a firearm, a violation of California Penal Code section 12022.5 (a) (1)
Count 31: Violating a court order, a violation of California Penal Code section 166 (a) (4)
Count 32: Possession of a controlled substance without a prescription, a violation of the California Business and Professions Code section 4060
Count 33: Disclosure of information without permission, a violation of California Penal Code section 1808.45
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