Search Warrants Signed To Seize Evidence Against Summer Wheaton For PCH Murder

The case against Summer Wheaton, the Los Angeles woman who was apparently responsible for the death of a man on PCH after the booze-soaked July 4 Nobu party, is being investigated deliberately, by the book, a sheriff’s official said Monday.

Yesterday, detectives obtained search warrants to legally search property, which presumably would include medical samples drawn after the crash that killed Martin Okeke, 44, a rideshare driver.

Meanwhile … the city council is probing the Nobu beach party and its role in the death of Martin Okeke, 44,  on Pacific Coast Highway on the 4th of July. Last night … the city council asked for a hearing in public … about revoking Nobu’s conditional use permit .. its CUP .. over the restaurant’s repeated violations of city codes. 

Plus … the city council wants to meet in private with the city attorney to react to the threat of a lawsuit against city taxpayers from the Nobu attorney.

Under evidence rules,  homicide investigators need the search warrants to obtain blood samples taken after the crash … and possibly other evidence from the restaurant itself.

Sheriff’s Captain Jennifer Seetoo last night said the investigation is taking time. 

70400 SEETOO ANSWERS

“This investigation is ongoing. And I understand everybody wants answers, right?” Everyone wants to go on Next Door, Facebook, any of the social media, and be the first to have answers. 

“But an investigation takes time. And just today we obtained – our investigators are on it –  we obtained signatures on search warrants, multiple search warrants. 

“The detectives are diligently out there from the second that it happened, all over the weekend they have been talking to the DAs office, they have been doing the investigation. 

“So I understand that we all want answers …  we are looking at this from A to Z.”

There is widespread criticism on social media … over why the city staff and or the local sheriff’s office failed to stop the party from taking place on July 4, when the Nobu lawyer declared the city;s revocation of the event’s Temporary Use Permit to be inoperative.

Although both zoning inspectors and the local sheriff’s office were at Nobu as the party was being set up on the 4th of July, and although they were aware of the party happening without proper permits, they did not enter the property to stop it.

There is a legal reason for that … saids city manager Steve McClary at last night’s city council meeting:

70391 MCCLARY SHUT DOWN

“As indicated in a memo to the city council on July 2, the city does not have the independent ability to shut down these events.”

And on the Monday morning after the party  … KBUU News reported just that: a source at the county sheriff’s office told KBUU News that law enforcement cannot legally enter a property unless a crime has been committed.

And in Malibu, and most cities, having a party without a city permit is not a crime, it is a civil infraction.

That led Bruce Silverstein, a city council member, Monday night to ask Seetoo about the KBUU report, which quoted an unnamed source at the sheriff’s office who told the radio station “we are not the party police.”

70393 PARTY POLICE

SILVERSTEIN: “It’s been reported … quote …  “sources at the Malibu Lost Hills sheriffs department indicate they were aware that an illegal party was to be held July 4 at Nobu” but “ ‘we are not the party police’ and said such an illegal activity would be for the civilian staff at the city of Malibu to deal with afterward.”

“Is that an accurate description of the sheriff’s department’s policy?:

SEETOO: “That is … actually, we are the party police. We go to parties quite often.”

Seetoo then repeated what the sheriff’s office source told KBUU over the weekend … zoning violations … like parties that are about to happen … are not a crime.

And the sheriff’s office does not go in to stop them …

70393 PARTY POLICE PT 2

“When it comes to TUPs and CUPs and …

“Understand: a lot of the a lot of illegal parties that we have, are in the county area at homes.

“And so, what our protocol is, is we look, we take pictures, and we document, we report, and then we work with … usually it’s the county counsel – the Board of Supervisors – and look at ways to go after that for that institution, for that institution to go after that house. 

“With a party, and for us to determine whether it violated a TUP or a CUP, that is not what law enforcement exactly does. That is code enforcement. We are not experts on them.”

That is exactly what KBUU News reported … accurately and in exact context … Monday morning.

The party police quote from an unnamed county sheriff’s official was accurate.

Last night … McClary warned council members not to discuss the matter … because they will at some point have to vote on potential penalties against Nobu … and commenting now might mean they cannot vote in the future. 

Interim city attorney Trevor Russin:

70397 TREVOR COUNSEL

“If the council wants to consider potential litigation, there’s also been a threat of litigation against the council that could be be considered in closed session.

“General consideration of code enforcement by the council?  I would not recommend that.

“It’s also generally not within the council’s purview to manage code enforcement on a case-by-case basis outside of a few particular circumstances.” 

So what’s next?  The city council voted to pursue possible revocation of Nobu’s conditional use permit …

The CUP is the city permit … with a stack of regulatory conditions …  accepted by Nobu before it opened for business. 

The CUP sets strict limitations on the size of the serving area … where alcohol can be served and under what circumstances … the required parking area… preservation of the ocean view from PCH … bathroom capacity …  and other operating parameters.

It’s clear to an outside observer that Nobu blew thru those rules last Thursday.

The city council also asked its lawyer for a closed door meeting to learn about the legal threat issued by Nobu attorney Perry Wander … to sue the city for lost business.

Wheaton’s Instagram feed, which displayed pictures of her partying at Nobu July 4th, has gone private.  The party was sponsored by vodka, tequila and champagne companies, which supplied bottles of liquor to each table at Nobu.

Businessman Jefferson Wagner, a former Malibu mayor, took pictures of limousines, liquor trucks, and cars being driven into the Nobu driveway, which were blocking Pacific Coast Highway on July 4. He showed them at the city council meeting Monday.

Wagner also displayed pictures of trash piled up in the gutter across the street from Nobu, he says the copious litter was from the idle drivers of the limousines that were used by some party guests. 

Monday night, one city council member suggested Nobu send out crews to pick it up.  That section of PCH is often occupied by vehicles driven to work and parked on the street by Nobu employees, which is also against the restaurant’s CUP.

Nobu Lawyer Blames Caltrans, City, Influencer and Uber For Fatal Crash: ‘Nobu Had Nothing To Do With This Tragedy’ 

Perry Wander, the attorney who claims to represent Nobu, has fired back against the public outcry against the restaurant. 

Perry Wander tells KBUU … quoting from his Sunday e-mail … “Nobu had nothing to do with this tragedy. 

He says “It’s disingenuous to suggest otherwise … No one knows if she was even a guest.”

The lawyer also claims that “no guest was allowed to valet park at Nobu restaurant.”  But partiers were observed walking to and from the party, to access their vehicles parked down the highway.

But there are pictures on Instagram that apparently show Summer Wheaton drinking beverages and partying at tables where bottles of hard liquor were supplied by liquor companies anxious to get their products in front of celebrities and influencers.. 

And witnesses say they saw of people walking into the event … apparently parking their cars off the restaurant property.

In his email reply to KBUU … Wander points the finger for the crash at Caltrans. … the city … and “likely Uber” … the rideshare company that Martin Okeke was apparently working for.

The Nobu attorney points the finger at Caltrans and the City of Malibu for supposedly negligently maintaining PCH.  He says Caltrans and Malibu will get sued because the crash happened at Deadman’s Curve … the dangerous section of PCH east of Carbon Canyon … where four Pepperdine students were killed last October.

That portion of his e-mail statement is not correct.  Last week’s crash was west of Deadman’s Curve … more than a third of a mile west of the curve … in a straightaway section of PCH west of the Carbon Canyon traffic light. 

And Wander also points a finger at the rideshare company that was employing Martin Okeke … the 44 year old driver who was killed when Summer Wheaton’s Mercedes crossed over two lanes and into oncoming traffic. . 

The Nobu lawyer says the rideshare company … likely Uber … will be sued because it was illegally transporting a minor.

But it is not illegal for a rideshare company to transport an unaccompanied minor in California.  In fact … Uber has a special app for teenagers to use to ride unaccompanied, with the parents notified of the transport hire pick-up and delivery. 

As for the crash … Perry Wander says Summer Wheaton will get sued because “she was probably texting or posting” as she “is an influencer” on social media.

His email to KBUU did not respond to the reporter’s question, does he represent Larry Ellison, the owner of the land where Nobu sits?

On a KBUU website, Wander claimed Ellison will throw campaign donations to city council candidates at election time, if they support the restaurant.  But others question if Wander represents Ellison, or if he was merely name dropping. 

Wander did not answer the question, if he was representing Ellis.

Wander claimed on the KBUU Facebook page over the weekend that “Nobu is being unfairly singled out by a few disgruntled members of the city counsel (sic) and a small amount of residents.”  Writing on July 4, he posted that “The party is going forward today. I suggest in the future, the City work more closely with Nobu to ensure that this debacle doesn’t happen again.”

He also claimed that Nobu is Malibu’s largest individual sales tax collector, and a source of civic fame and increased property values.  

His claim was widely mocked and derided by those Malibu residents who comment on social media.  They noted the repeated violations of the CUP, traffic jams caused by its chaotic parking layout, overcrowding, and valets crossing pushing the crosswalk button to stop traffic, and employees parking on the highway.

Uhring ‘Had Fun’ As Mayor, As Baton Passed To Stewart

Malibu has a new mayor: as Steve Uhring rotates back to his city council seat, and Doug Stewart moves in as mayor. 

Marianne Riggins is the new mayor pro tem. 

After two years of often acrimonious splits between two council factions … and lots of 3 to 2 votes … Stewart last night said he wants to represent both sides. 

70392 MAYOR STEWART 

“I also made it clear when I became a council member, that I was representing not only the people who voted for me, but every one in the city. I promise to continue that representation as your mayor.

“To my fellow council members who voted me into this position: we’ve worked well together…”

Outgoing mayor Steve Uhring said his term was fun.

70390 MAYOR UHRING

“First I want to thank the individual who came up with the idea of having council members rotate as to have the opportunity to serve as mayor. 

“I’ve had a lot of fun.

“In the end … it’s been a good time.”

 

Critical PCH Redesign Hearing With Caltrans Is Thursday Night at 6

For years … PCH has been the third rail in Malibu politics … 

There has always been chatter about changing the layout of the highway … narrowing traffic lanes … reducing the speed limit … replacing the continuous center turn lane with a median.

But many voices shouted that down.

Some residents in Eastern Malibu don’t want to lose the on street parking that they rely on … their garages are full.

Some residents in Western Malibu like the speed limit set at 45 … they like driving to the airport at 55. 

One city council candidate suggested a boulevard be installed … speed limit 35.

He finished last in the election. 

All that went out the window when 4 Pepperdine women were mowed down … at the hands of a Malibu driver … last year. 

There is an overwhelming public demand to redesign the highway … which was in fact designed for 55 miles an hour some 80 years ago. 

This week … the state is taking the first steps to redesign PCH.

PCH safety advocate Michel Shane … at last night’s city council meeting … urged Malibu residents to attend and demand safety changes.   TIGHT

70395 SHANE STUDY 

“We understand that advanced infrastructure has the potential to save lives, as evidenced by another segment of PCH by John Tyler Drive. 

“We must insist on safety measures that we deserve. 

“We owe it to the memories of those that we have lost and the lives that we can protect.

“Silence is not an option. We need action, not just studies, but actual tangible results.”

Two weeks ago … the state held a listening session at the Malibu public safety and public works committees.

Some people there said they were just fine with the speed limit of 45 miles an hour in eastern Malibu … which means a vehicles traveling thru there at 55 miles an hour. 

Others said the road should be put on a road diet… And the speed limit dropped

The state says the slate is blank … they want to hear from the public.

Thursday … the day after tomorrow… the state will hold the first of three listening sessions. 

It’s Thursday night from 6 to 8 at Malibu City Hall. 

Two other workshops are coming later this month. =

 

Dog With Muzzle Clamped Shut In Malibu Canyon Sparks Outrage 

Outrage from around the world … over a gentle German Shepard mix dog who was dumped in Malibu Canyon with its muzzle and neck tied shut with two zip ties. 

Rock climbers found the dog .. and made friends enough to yank off the zip tie around the dog’s muzzle.

Then they called the sheriff.

One rescuer spoke with KTLA … and said his climbing partner spotted the dog on the cliff.

70399 DOG ONE

“As soon as she saw the zip tie in its mouth it was like ‘there’s a zip tie in its mouth, what’s going on?’

“Immediately we knew, that something was off, right?”

Sheriff’s deputies were able to put a leash on the dog and remove the second zip tie. 

Animal control took him in. 

He’s being held at the Agoura animal shelter.

The rescuers sent video of the dog rescue to  KTLA.

And they said they want the person who dumped the dog in the canyon … his muzzle tied shut … found.

70398 DOG TWO

“No animal, no sentient being, should be put through the torture that this animal was going through.”

In Defense of Animals and other groups are offering a 5 thousand dollar reward to find the animal abuser.