Petaluma murder case returned to juvenile court

Ruling that police “inadvertently” failed to disclose pertinent evidence in a murder case, a Sonoma County Superior Court judge Wednesday sent a teenage defendant back to Juvenile Court so the original judge can hear the new testimony.

Gibb Theopolis Olivarez, who turns 18 in two weeks, is charged with murder in the Dec. 17, 2006, stabbing of Nathaniel Reifers, 31, and assault in the stabbing of Salvatore Cucci Jr., 25, behind a row of bars and restaurants in downtown Petaluma.

Although he was 16 at the time, Juvenile Court Judge Mark Tansil ruled in June last year after a multi-day hearing that Olivarez should be tried as an adult because of the seriousness of the accusations.

But his defense team argued that the testimony of one witness, which police didn’t disclose until months after the juvenile hearing, may have changed Tansil’s mind about sending the case to adult court.

His attorneys say the witness’ statements support their theory that Olivarez wasn’t the aggressor and may have been defending himself in the two stabbing incidents. Prosecutors disagree, saying the testimony backs up their theory of murder.

The stakes are enormous for Olivarez. If convicted in Juvenile Court, he could be held until age 25; in adult court, he could be sent to prison for the rest of his life.

Petaluma Police Detective Mike Pierre said Olivarez stabbed Cucci after he refused to buy alcohol for the minor. Cucci at first accepted money from Olivarez but then returned it before a fight ensued and Olivarez stabbed Cucci in the thigh.

A crowd of between five and 15 adults then chased Olivarez, and during a second confrontation Reifers was stabbed five times, once in the heart. Olivarez was also stabbed four times and beaten by the crowd.

No knives were recovered and no one has been arrested for Olivarez’s wounds.

Conflicting witness statements to police have added to confusion over how Reifers and Olivarez both were stabbed. Many of the victims’ friends refused to speak with police initially and at least two were granted immunity before they spoke.

Several have since given statements.

The testimony of the new witness, who Pierre interviewed last July 5 but didn’t log into evidence until late October, may be the focus of a new hearing before Tansil.

Judge Ken Gnoss ordered that Olivarez be returned to court on Wednesday to set a hearing date in Juvenile Court. He is being held in juvenile detention.