Released on bail
By Ted Asregadoo, PIO, Contra Costa County District Attorney’s Office
A resident of Danville has been charged with one felony count of possession of child pornography.
On August 25, 2022, the Contra Costa County District Attorney’s Office filed charges against 33-year-old Andrew Oliver Kallick. Police arrested Kallick in Danville on August 9, 2022, during the execution of a search warrant. During the search, police discovered Kallick was possessing child pornography on a laptop computer inside of his residence. At the time of his arrest, Kallick worked at an elementary school as a campus supervisor.
San Ramon Valley Unified School District officials confirmed he had been employed at John Baldwin Elementary School in Danville at the time of his arrest, but he no longer works for the district.
Kallick was released on bail after his arrest on August 9 and will be notified by the court regarding an arraignment date.
The Silicon Valley Internet Crimes Against Children Task Force and the Danville Police Department investigated the case. In Contra Costa County, detectives and investigators from the Walnut Creek, San Ramon, Concord, and Moraga Police Departments, the Contra Costa County Sheriff’s Office, United States Secret Service, Homeland Security Investigations, the Contra Costa County Probation Department, and Inspectors from the Contra Costa County District Attorney’s Office participate in the task force.
Anyone with information about this case should contact Senior Inspector Darryl Holcombe at 925-957-8757.
Parents are encouraged to discuss online safety with their children and can visit the website www.kidsmartz.org or the Contra Costa County District Attorney’s website for further information.
Case information: 01-22-01379 | The People of the State of California v. Kallick, Andrew Oliver
Allen D. Payton contributed to this report.
Read More“…Antioch Police officers engaged with Quinto in a manner that was lawful and objectively reasonable under the circumstances…an internal examination showed no bone fractures or damage to Quinto’s larynx and trachea…” – Contra Costa District Attorney
Quinto died in the hospital three days later not in police custody
By Allen D. Payton
The Contra Costa District Attorney’s Office announced Friday, Sept. 2, 2022, that it had concluded there is no evidence of criminal offense by Antioch Police officers in the December 2020 death of 30-year-old Angelo Voithugo Quinto. The D.A.’s Office released a 39-page Law Enforcement Involved Fatal Incident (LEIFI) report as part of Contra Costa County’s protocol to investigate incidents when officers or civilians are shot or die during an encounter with law enforcement. The report is available on the District Attorney’s website and here: Angelo Quinto LEIFI Report Final
The incident occurred on December 23rd and Quinto, a 30-year-old Navy veteran, died in the hospital while not in police custody three days later on Dec. 26th.
According to the CCDA, the purpose of the report is to independently determine criminal liability in fatal incidents when law enforcement is involved. During a criminal trial, the District Attorney’s Office – which represents The People of the State of California — has the burden of proving beyond a reasonable doubt that a death was not justified.
Part of the LEIFI report contains a legal analysis of the evidence in the death of Quinto. That analysis determined the Antioch Police officers engaged with Quinto in a manner that was lawful and objectively reasonable under the circumstances. Moreover, the report notes that the officers utilized reasonable force during their contact with Quinto [PC 835a(a)(3)].
The report confirms what both the Contra Costa County Coroner’s Office and then-Antioch Police Chief Tammany Brooks said during a March 2021 press conference and is in spite of the rush to judgment by Antioch Mayor Lamar Thorpe and Councilwomen Monica Wilson and Tamisha Torres-Walker, and the accusations by Quinto’s family members that the police officers caused his death. It also undermines the naming of the legislation, AB 490, entitled the Angelo Quinto Act, banning law enforcement from restraint techniques that cause asphyxia. (See related articles here)
Brooks said that officers did not kneel on his neck during the incident. In addition, he said, “according to the results of a preliminary investigation, at one point during the handcuffing, an officer did briefly – for a few seconds – have a knee across a portion of Angelo’s shoulder blade. This is a common control technique taught at CA POST approved Police Academies for prone handcuffing. At no point did any officer use a knee or any other body part to gain leverage or apply pressure to Angelo’s head, neck, or throat, which is outside our policy and training.”
Then, in August 2021, a Contra Costa Coroner’s Inquest Jury found that Quinto’s death was an accident. (See related article)
Background
The circumstances surrounding this incident were initiated with a 911 call from Angelo Quinto’s sister on December 23, 2020, at around 11:10 pm. Quinto’s sister wanted law enforcement’s help after Quinto was being erratic, physically aggressive, and harming his mother. Quinto’s mother could be heard in the background of the call saying “I can’t breathe. Stop it.” while Quinto’s sister told the 911 operator that he was strangling Mrs. Quinto.
Antioch Police officers arrived about a minute later. They were met by Quinto’s sister, who was clutching a hammer to protect herself from her brother. Officers heard a commotion coming from Quinto’s bedroom. When they entered the room, they saw Quinto’s mother struggling with him in a bearhug hold on the ground. Officers separated the two. One officer kneeled and placed one knee on Quinto’s shoulder to handcuff him while the other held onto his legs. This was the extent of force utilized by the two officers to restrain Quinto, and to prevent him from harming himself, family members, or the officers.
Police told Mrs. Quinto that her son was not under arrest. Rather, emergency responders were on their way to transport him to a hospital for any physical injuries. He would also receive a mental health evaluation while being treated at the medical facility. While one officer went to his patrol vehicle to get the needed paperwork, emergency medical crews arrived on the scene. They rolled Angelo over and noticed he was unconscious, his face was purple in color, and there was blood on the floor and his face. The officers did not strike Quinto in any way, and the autopsy revealed bite marks to Quinto’s inner cheek and tongue. Life-saving measures were administered, and Quinto was transported to a hospital in Antioch — where he died on December 26th.
An autopsy was performed on December 28th by the Contra Costa County Coroner’s Office. The cause of death was Excited Delirium Syndrome due to drug intoxication, psychiatric conditions, physical exertion, and cardiac arrest.
A toxicology report by the Coroner’s Office showed that Angelo Quinto had the presence of caffeine, Levetriacetam (a therapeutic for adults and children with epilepsy), and Modafinil – a drug to stimulate wakefulness – in his system. The County of Santa Clara Medical Examiner-Coroner reviewed the autopsy findings and agreed with its conclusions.
The Quinto family commissioned an independent autopsy, and its findings note the cause of death was restraint asphyxiation. The private autopsy lists petechial hemorrhaging as the basis for such conclusion. An independent toxicology report also found the presence of Fentanyl in Quinto’s blood – in addition to Modafinil and Levetiracetam.
However, of critical importance to the investigation, an internal examination showed no bone fractures or damage to Quinto’s larynx and trachea. While there are conflicting medical opinions as to the cause of death, the accounts of what transpired in the bedroom are consistent among all witnesses in that no police officer applied pressure to Quinto’s neck.
After reviewing the evidence, the method of restraining Angelo Quinto by Antioch Police officers on December 23rd was objectively reasonable under the totality of the circumstances. Therefore, when applying the applicable law and the California District Attorney’s Uniform Crime Charging Standards, there is no evidence of a criminal offense committed by the Antioch Police officers involved in restraining Angelo Quinto.
Contra Costa District Attorney’s Office will take no further action in this case.
Contra Costa District Attorney’s Office PIO Ted Asregadoo contributed to this report.
Read MoreFounder of Studentfilmsonline.com platform brings competition to her hometown
Submissions accepted through Sept. 30
East County filmmaker Sophia Rivera is bringing the SFO Short Film Festival to her hometown at Antioch’s El Campanil Theatre in historic downtown Rivertown on October 28-29, 2022.
The festival is a LIVE event dedicated to showcasing short films created by college film students, high school students, and independent filmmakers locally in the Bay Area and across the U.S. Studentfilmsonline.com was founded in 2011 by Rivera who wanted to give back to the community. Its mission is to encourage networking and motivate emerging filmmakers to create more content, as well as to promote a career in filmmaking and talent through screenings.
Genres include: Short Drama/Action/Crime/Thriller; Short Comedy/Romance; Short Horror/Sci-Fi/Fantasy, Documentary and Short Animation.
Short film category submissions include: 1) Independent Filmmaker Short Film 2) SFO Film Student Challenge Competition and 3) High School Short Film Competition
Short Film Category Award for Best Film: Independent Filmmaker Short Film Award $300, High School Short Film Competition Award $250, and SFO Film Student Challenge Competition Award $500
SFO Short Film Festival is still accepting submissions until September 30, 2022.
Films can be submitted by visiting filmfreeway.com/SFOShortFilmFestival.
If you wish to attend the event tickets are available at ElCampanilTheatre.com. If you are interested in sponsoring the event, contact customerservice@studentfilmsonline.com.
El Campanil is a classic theatre with food concession available. We hope you will come join us and share in this festive event.
Read MoreBy Jimmy Lee, Director of Public Affairs, Contra Costa County Office of the Sheriff
Sunday morning, September 4, 2022, at about 11:20 AM, it was discovered that two inmates had escaped from the Marsh Creek Detention Facility (MCDF) located at 12000 Marsh Creek Road.
MCDF is a minimum-security facility that houses sentenced prisoners and those who are facing lower-level charges that would likely result in a sentence served locally.
An emergency count was conducted, and a comprehensive search of the facility and the immediate area was carried out. Law enforcement agencies in the area were notified and an alert was sent to residents in the area.
The two are identified as:
33-year-old Gerardo Ramirez-Vera of Richmond. He was sentenced on weapon, burglary, and vandalism charges. He was due to be released in the first week of January 2023.
28-year-old Jorge Garcia-Escamilla of Pittsburg. He was being held on charges that include vehicle theft, possession of a stolen vehicle, possession of burglary tools, and drug possession. He had a future court date in three weeks.
Both men are now facing felony charges of escape from a county detention facility and face a potential state prison sentence.
The search for the two is ongoing. Anyone with information on their whereabouts or who might have seen them is asked to call Sheriff’s dispatch at (925) 646-2441.
Read More![](http://contracostaherald.com/wp-content/uploads/2022/08/Brentwood-SWAT-at-Antioch-home-Tauane-arrest-082422-1024x633.jpg)
Brentwood SWAT at Myrtlewood Court home in Antioch. Tauane following his arrest on Wednesday, August 24, 2022. Photos: BPD
Brentwood teen arrested, first; Pittsburg man arrested in Antioch last week; victim from Antioch was innocent bystander
By Brentwood Police Department
During the course of the investigation into the deadly shooting that occurred at the 24-Hour Fitness in Brentwood on Thursday, August 11, 2022, at approximately 1:54 a.m., Brentwood Police investigators positively identified 20-year-old Pittsburg resident Faatino Arona Tauane as the second shooter in this case.
On Wednesday, August 24, 2022, at approximately 4:45 a.m., Tauane was peacefully taken into custody at a home in the 900 block of Myrtlewood Drive in Antioch. He was later booked at the Martinez Detention Facility for murder. To date, one firearm has been recovered and the vehicle Tauane used to flee the scene is now in police custody. A second firearm used in the shooting remains outstanding.
On Friday, August 26, 2022, the Contra Costa County District Attorney’s Office charged Tauane with one count of murder with enhancements and additional felonies.
On Thursday, August 11, 2022, the first of two suspects detained during the early stages of the investigation had been positively identified as one of the shooters who was wounded during the altercation. The suspect, a 17-year-old Brentwood resident was booked into the Contra Costa County Juvenile Detention Center for murder. His name is being withheld due to age. The second suspect was released from police custody after it was determined he was not a shooter.
The decedent has been identified as, 21-year-old Antioch resident, Cesar Arana. Our hearts go out to the family and friends impacted by his untimely death.
Arana was an innocent bystander not involved in the initial altercation. He was struck by gunfire while trying to help a person who had fallen to the ground during a physical fight outside.
Additionally, our agency would like to thank those who came forward with additional video footage and the staff at 24 Hour Fitness for their full cooperation throughout the entire investigation.
According to localcrimenews.com, Tauane was also arrested by Pittsburg Police in December 2021, for carrying a concealed weapon in a vehicle and when not the registered owner.
Anyone with information regarding the outstanding firearm or any additional information related to this investigation is asked to contact Detective Greene at 925-809-7797.
Allen D. Payton contributed to this report.
Read MoreBy Oakley Police Department
On August 25th, 2022, at approximately 10:40pm, Oakley PD Officers responded to a report of a Domestic Dispute in the 1800 block of Teresa Lane. The caller stated her boyfriend had a gun and had been driving around with her in the car not letting her leave. The boyfriend told her he was going to kill her and himself. Once at the residence the victim fled on foot and called police.
Officers arrived and attempted to contact the 58-year-old male. The male did not respond to officers. Officers used a drone and were able to see the subject inside the residence armed with a handgun. Officers continued to try and establish communications with the suspect, but he did not respond. Several shots were fired by the suspect inside the home.
At approximately 1:18am, the suspect fired several rounds at Oakley Officers. One Officer returned fire striking the suspect. Medical aid was provided but the suspect died on scene. The Contra Costa County District Attorney’s Office responded along with Oakley Detectives.
According to Chief Beard “Our officers are trained to deescalate situations at every opportunity when that is a viable option. Our officers attempted to deescalate this tragic situation last night, but the suspect would not allow for our attempts to take hold. When officers are presented with such grave and dangerous situations, and when no other options work or are available, they must sometimes fall back on other critical training they receive on a regular basis. This is the training they fell back on last night to ensure there was no loss of lives of innocent victims or the officers themselves.”
This is an ongoing investigation, names and more details will be provided at a later date.
Update from Oakley Police Chief Paul Beard
I wish to address the Oakley community regarding last night’s fatal officer involved shooting on Teresa Lane. The events that transpired last night can only be described as very scary and dangerous for all involved.
To put it very mildly what happened last night was completely unnecessary.
The suspect chose to drive the direction of what played out when he could have taken several different avenues to deal with whatever angst he had going on in his life. He also could have given up upon our officers making contact with him.
Instead, the suspect elected to resort to gun violence to traumatize the initial domestic violence victim in this case and subject our officers to the difficult actions they eventually had to take, thus creating more victims. The officers involved in last night’s incident exhausted every readily available option they had in this type of scenario before taking the ultimate action they had to take.
The incident that we dealt with last night has become all too commonplace with a total of eight law enforcement officers being killed by gunfire across America in just the last month.
Every member of the Oakley Police Department is valued and appreciated. I am grateful beyond measure our department did not meet with a tragic result for us.
The Contra Costa County Officer Involved Fatal Incident Protocol guides the investigative steps we need to take with our officers, and we are following that prescribed protocol. We are also being proactive in taking care of all of our personnel who were involved in last night’s incident by making sure they have readily available access to a service provider who specializes in treating first responders who have been exposed to matters like the one we experienced last night.
It is my strong desire to provide the necessary and healthy resources our personnel need in order to continue having productive lives after experiencing life threatening, or very unsettling, situations. I also urge victims of domestic violence to realize they do need help and to reach out for it.
A domestic violence victim may reach out to their local police department for assistance. They may also reach out to the Contra Costa District Attorney’s Domestic Violence Unit at 925-957-2200. If immediate assistance is sought and a victim does not want to interact with a police department, they may reach out to the STAND! Crisis line at 1-888-215-5555. It would be inappropriate for me to comment much further on this case at this time because it is literally still an ongoing investigation.
I will however identify the suspect as Frank Anthony Correa, a 58-year-old male and resident of Oakley.
The Oakley Police Department is requesting information from anybody who may know anything about this investigation to call us at 925-625-8060 or email us at opdtips@ci.oakley.ca.us.
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Film submissions from other, local filmmakers still accepted until Sept. 5th
Award winning filmmaker, Jason D. Morris is bringing his love for films to his hometown of Antioch with The Dark Fest on Saturday, Sept. 17, 2022. Co-founder of the short film festival featuring genres of film noir, mystery, science fiction, horror, dark comedy and more, Morris grew up in Antioch, and as so many others who grew up here in the 80’s and 90’s, one of his best memories is watching films in the historically beautiful Stamm and El Campanil theaters. Those very experiences are ultimately what pushed him into filmmaking.
A graduate of Antioch High School and attendee of the Academy of Art University in San Francisco led to his career in film. After having produced and directed several feature films, including some in Antioch, he co-founded Resurrection Films with several other likeminded filmmakers which eventually led to the creation of The Dark Fest, after their experiences of taking their first film out on the festival circuit.
The first major production from Resurrection Films was a documentary based on Chris Carter’s (of The X-Files) television show Millennium, titled Millennium after the Millennium. Millennium starred film actor Lance Henriksen (The Right Stuff, Aliens) in one of his most enduring roles as Frank Black, an FBI profiler. Millennium paved the way for shows like Criminal Minds, Mindhunter and many others. The documentary screened in eight countries and garnered 21 awards during its festival run, including screenings at the LA Comic-Con, Monsterpalooza in Burbank and Horror Hound’s Horror Convention in Indianapolis. But festivals are expensive and far away for the average filmmaker, this can make getting your film seen expensively prohibitive.
Since Morris had already shot four films in Antioch, bringing Hollywood talent such as Academy nominated actor Eric Roberts, Ricco Ross and Henriksen to his productions, he thought “why not set up an event for other local filmmakers to have easier access to getting their films screened?” With such a creative hub of activity in Antioch and the surrounding areas many film productions go unnoticed and have little options for an audience. The Dark Fest aims to alleviate this issue for local filmmakers looking for a way to screen their films without the hefty expense of renting a theater or having to travel to far away locations. The members of Resurrection Films have hopes to continue the festival and expand it into a bigger event with more community involvement and celebration of local filmmakers.
Film Submissions
If you’re a filmmaker, submissions are still open until September 5th by visiting filmfreeway.com/thedarkfest and email info@thedarkfest.com. If you are interested in sponsoring the event, please reach out at info@thedarkfest.com. As for the rest of you we hope to see you in Antioch’s historic downtown Rivertown on September 17 at El Campanil Theatre for a night of dark cinema.
About The Dark Fest:
Resurrection Films presents The Dark Fest, showcasing short films from the dark side of cinema with genres of film noir, mystery, science fiction, horror, dark comedy and more, as we celebrate local filmmakers from the bay area, and around the world. Join us at 5:30pm Sept. 17 at the El Campanil Theatre for musical pre-show entertainment by local musicians Matthew Gatsos on piano and Evan Morris on saxophone while enjoying concessions provided for purchase by the venue. Screening begins at 6pm and ends at 10pm.
Tickets
Tickets are $10 for Adults and $8 for Seniors & Youth.
THIS EVENT IS RATED R. NO ONE UNDER 17 WILL BE ADMITTED UNLESS ACCOMPANIED BY AN ADULT. To purchase tickets, visit elcampaniltheatre.com or click here.
El Campanil Theatre is located at 602 W. 2nd Street.
Read More“I Remember ‘72” offers her perspective of what happened to cause Fastest Human, World Record Holder to be disqualified
By Allen D. Payton
Following publication of the book “Disqualified” by Pittsburg resident Eddie Hart and longtime Bay Area sports reporter Dave Newhouse about Hart’s experience leading up to and at the 1972 Olympic Games in Munich, Germany, his wife, Gwendolyn “Gwen” Hart has penned her own book to offer her perspective. (See related article)
In her book entitled “I Remember ’72: The Road to Munich (My Voice)” Gwen, wife of the Olympic Gold Medalist, World’s Fastest Human at the time, and World Record Holder, speaks from a woman’s point of view. After 50 years of silence, she now voices her held in feelings of what happened to her then boyfriend, now husband on the 50th anniversary of the 1972 Summer Olympics.
About The Book
It’s the perspective of a supportive girlfriend, then wife, of the life, tragedy experienced, and dignity displayed by the one-time, Fastest Man in the World and Olympic Gold Medalist Eddie Hart.
“I REMEMBER ‘72 is about perseverance, overcoming and love, which is what life is all about,” Gwen shared. “When situations arise, you’re going to need someone that cares for you, to help you to see that it can be overcome, that you can persevere. Eddie’s fortitude and the love he had from family would be the shining beacon that he would have to hold to and believe in, not letting others dictate how he should live; because Eddie was brought up to not throw stones, because one is thrown at you. He couldn’t afford to be told differently.”
“Life’s lessons are all about choices and what you choose will either help you build your character as a person or it will drag you like the wind blows trash, not having a direction. When things get rough you don’t have the luxury of re-acting but responding. That’s what I REMEMBER ‘72 is about; the man Eddie Hart who responded,” she added.
“A must read for those who appreciate a journey of faith by two who qualified because their hearts are filled with love, Gwendolyn’s My Voice has become their voice,” said Paul Cobb Publisher of the Post News Group.
“I Remember ‘72 provides yet another testimony of how love is the power and the means by which we overcome the catastrophic times in our lives,” Of LIFE and TIME author Clifton L. West III shared.
Get an autographed copy of Gwen Hart’s book and meet Eddie Hart on Saturday, August 27 at 1 p.m. at the Pittsburg Historical Society Museum located at 515 Railroad Avenue.
Book Purchase Information:
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By Check: Top Performance
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Pittsburg, CA 94565
Read MoreBy Sally C. Pipes
A new proposal in Congress aims to allow victims of sexual misconduct to go public with their stories.
That goal is admirable. But as written, the legislation — the Speak Out Act HR8227, which was introduced in both the House and Senate in recent weeks — will force victims to go public, even if they don’t want to.
That’s hardly pro-women. Many victims prefer to settle claims out-of-court to avoid both the costs and inevitable publicity of litigation.
Supporters claim the measure targets pre-dispute non-disclosure and non-disparagement agreements. These agreements are incredibly common when someone begins a new job – more than one in three U.S. workers are bound by such agreements. Supporters of the Speak Out Act applaud the bill for banning the enforcement of such agreements in instances of sexual harassment or assault.
Dig into the details of the Speak Out Act, however, and it becomes clear that the bill is written much more broadly than that.
The legislation defines the term “pre-dispute” as any agreement that is signed before a lawsuit is filed — even if that agreement is reached weeks, months, or years after the incident occurred.
That’s a problem because many out-of-court settlements involve their own non-disclosure agreements. The bill would effectively invalidate these NDAs. Only agreements reached after litigation has commenced — where the claims are publicized in court, complete with lawyers — could have enforceable NDAs.
In other words, the bill would make it virtually impossible for employees to settle sexual harassment or assault claims out of court. That hardly counts as progress — unless you’re a trial lawyer.
For one, lawsuits tend to be an expensive undertaking. Despite significant litigation costs and attorneys’ fees, they don’t always yield justice for the average person.
That’s not to mention the personal costs that litigation can exact on claimants. Many victims of sexual assault or harassment would rather not make their claims public — which a lawsuit requires. More than that, the discovery process in these lawsuits can be stressful — and may reveal embarrassing personal details the claimant would rather keep private.
For all these reasons, many victims of workplace sexual misconduct prefer to leave the courts out of it — and instead reach a private settlement with their employer. Under the Speak Out Act, this sort of approach will no longer be available. Any worker who wishes to resolve their claim for workplace sexual misconduct will need to hire a lawyer, file a lawsuit, and endure the uncertainties, stresses, and costs of litigation.
Add all these costs up, and it’s possible that the Speak Out Act could result in more women remaining silent.
Even if the Speak Out Act weren’t so poorly written, it would remain a troubling instance of congressional overreach. It’s far from clear that lawmakers have the authority to nullify private agreements signed between workers and their employers, even if their intent is to help victims of sexual assault and harassment.
Sexual assault and harassment victims deserve every opportunity to seek justice. But the Speak Out Act doesn’t advance that goal.
Sally C. Pipes is President, CEO, and Thomas W. Smith Fellow in Health Care Policy at the Pacific Research Institute. Her latest book is False Premise, False Promise: The Disastrous Reality of Medicare for All (Encounter 2020). Follow her on Twitter @sallypipes. This piece originally appeared in Newsmax.
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During Wednesday hearing at Los Banos Courthouse; Robin Ruth Recla swindled six local, prominent residents who invested
“Ms. Recla is a con artist, plain and simple who should be committed to state prison for her crimes,” Merced County Deputy D.A. Colby
Victims “relieved that it’s over”, praise prosecutor, police and judge; main victim knew her for 30 years
By Allen D. Payton
After entering no contest pleas to embezzlement and filing a false tax return on May 25, 2022, in the case of the Los Banos, CA restaurant scheme, a 46-year-old Brentwood woman, Robin Ruth Ann Recla, aka Robin Berard, appeared in front of Merced County Superior Court Judge David W. Moranda on Wednesday, August 17, 2022, for sentencing in the Los Banos Courthouse. Following requests by both the prosecution and her victims, Recla was sentenced to the maximum available to the District Attorney under current law of two years, eight months in state prison.
The Merced County District Attorney’s office announced on May 25, 2022, Ms. Recla admitted to swindling approximately $300,000 from six prominent Los Banos investors. She also failed to claim the profits on her income tax return.
In 2018, the group of investors pooled their funds and formed an L.L.C. with the intent of creating and opening a restaurant in the Los Banos area. Ms. Recla was selected to manage and direct the project, but investors learned there were problems when they were notified by their bank that the business accounts were overdrawn
An investigative team comprised of an investigator from the state Franchise Tax Board Criminal Investigation Bureau, Commander Justin Melden with the Los Banos Police Department, and Merced County D.A. Investigator Moses Nelson worked diligently to trace the financial transactions exposing Ms. Recla’s behavior. The coordinated, year-long investigation uncovered Ms. Recla’s personal use of nearly all of the funds, including $159,273 in checks written to herself and her withdrawal of $24,900 in cash from automated teller machines. The investigators determined Ms. Recla also used the investors’ funds for personal travel and the purchase of personal items like furniture.
In the past, embezzled amounts as high as the amount involved in this case would have resulted in a larger prison sentence. However, changes in the law now mean the longest possible sentence Ms. Recla faces is two years and eight months in prison. Also, with the passage of AB 109, known as realignment, Ms. Recla’s sentence in most cases would result in a Penal Code, Section 1170(h) local prison sentence.
Local prison sentences in Merced County are in nearly all cases served on the Sheriff’s Supervised Release Program, referred to commonly as ankle monitor. However, because investigators and the Merced County D.A.’s Office appropriately pursued and prosecuted the acts of tax evasion, any prison sentence issued in this case must be served in the California Department of Corrections and Rehabilitation.
Ms. Recla’s no contest plea was not the product of a negotiated plea, and she entered an open plea to the charges, meaning that the court has all options available up to the maximum allowable by law.
At the sentencing hearing, attorneys for both sides presented arguments to Judge Moranda advocating for a sentence they believe to be in the interest of justice. Deputy D.A. Travis Colby is handling this case for the Merced County District Attorney’s Office.
According to the prosecution brief by Colby, “Ms. Recla has a history of fraud and deceit dating back to 1998 when she was convicted of fraud to obtain aid. She was convicted of felony grand theft in Pocatello, Idaho District Court in 2010, and in 2011 she was convicted of felony grand theft for stealing $35,000 from a former employer, Advanced Professionals – an insurance agency in San Jose. She was also accused of embezzling $70,000 from a restaurant in Los Altos between 2015 and 2017 before taking charge in this scheme to defraud people in Los Banos,” who are prominent and local but chose to not be identified for this report.
“Ms. Recla is a con artist, plain and simple who should be committed to state prison for her crimes,” Colby continued. “She is presumptively ineligible for probation. But even if probation did apply, probation is not appropriate for her under any reasonable analysis.”
Recla asked for leniency from the court for medical reasons including her mental health and her husband’s physical health and expressed regret and sorrow without showing mercy for the Los Banos’ investors who lost up to $300,000 collectively and requested the court to reduce her charges of two felony counts to probation.
Judge Moranda agreed with the prosecution noting her crimes “started small and worked their way up.” The judge further stated, “I don’t see the remorse. I don’t see that she is sorry.”
He then sentenced Recla to two years for felony embezzlement and eight months for filing a false tax return to run concurrently in state prison, the maximum under law. Since there was no credit for time served, and showing no mercy for her victims, she was handcuffed and taken away to immediately begin serving her sentence.
Victims “Relieved That It’s Over”, Praise Prosecutor, Police and Judge
Asked how she was feeling, Sandie Silva, one of the victims said, “I’m feeling, I guess, relieved that it’s over. I feel that justice has been done and I feel that our district attorney and detectives, Melden from Los Banos and Moses from the District Attorney’s Office. And Travis Colby was amazing.”
Cheryl Silva, Sandie’s sister-in-law, and her husband Anthony were also victims in the restaurant investment embezzlement scheme.
“I’m elated that the judge listened to our victim’s impact statements,” Cheryl exclaimed. “I believe he responded to us through the sentencing. He listened to how we’re really feeling. This is not Robin Recla’s first felony offense and the judge responded to that saying, this is a pattern with Robin. For me that was very reassuring. We did not feel as though, in her statements she did apologize, but we did not feel it was sincere. She had many opportunities over the past four years to do what was right but chose not to. I’m elated that justice was served. It was not vindicative on our part. We were seeking justice.”
Asked how they met Recla, Cheryl responded, “she was very close to Sandie to the point she called her mom. She garnered our trust through that relationship and that’s how all of this came about.
Asked when they first met, Cheryl said, “Sandie met her 30 years ago.”
“I’m in real estate and I had a business with my ex-husband and Robin was actually our ad sales rep for the Los Banos Enterprise,” Sandie said. “I actually also owned a house-cleaning service and cleaned her parents’ house and helped her get the job at the Enterprise.”
“She befriended me, she could sell yellow snow to an Eskimo,” Sandie continued. “Robin babysat my kids, and I kept her son, too.”
“Then we lost touch for years and then she found me on Facebook in 2009. She was living in the San Jose area at the time and bought me flowers one year, and the card said, ‘Happy Birthday, Mom’. I thought, ‘awww. She just wants someone to love her.’ She catered my daughter’s best friend’s husband’s funeral reception and she told everyone that I was her mom and that my kids were her brother and sister.”
“That was around Easter time, I asked her what they were doing, she said they were going to be alone, so, I invited her to our house,” Sandie shared. “Because she was spending so much money on rent, I said she needed to come back Los Banos, save money and buy a house. She and her kids stayed with us less than a month, while a house was getting ready for them to move into.”
“Robin was working at a restaurant in the Bay Area – she was charged over there, too,” Sandie said. “I was paying their bills for her. I told her, ‘you can’t afford to quit your job, you stay there and save your money’.”
“About six months later she presented this plan to us. My husband, Danny Silva, was born, here and started sharing this with his friends. He thought it was a pretty good idea.”
“It was going to offer farm to table comfort food. It was called ‘Double R’. It was going to have a nice cocktail lounge. It was nice,” Sandie stated. “We leased a space by the Target on West Pacheco Blvd.”
“What happened was I was a signer on the account and the bank called me that the account was overdrawn, and I said, ‘we haven’t started construction, yet. How can it be overdrawn?’” Sandie continued. “That was the first time. Robin gave me some con story that she had a loan that hadn’t funded, yet and that she called and explained it to the bank, and everything was fine. Then I got a second phone call from the bank and the account was $50,000 overdrawn. So, I went down to the bank and got a printout and saw that the day after we deposited funds, she started writing checks to herself.”
“I went over to her house, my husband and I met with her and her husband, and told her you’re not my daughter, you just screwed over my family, and you better start talking,” Sandie stated. “Robin said, ‘I know. I thought I could fix it before anyone found out.’ Then she told me she was going to sue our attorney, who set up our LLC, for malpractice and give us our money back.”
“She did actually file a lawsuit against him, but it was dismissed. She didn’t get anything from it,” Sandie added.
“Robin had purchased a liquor license and it was in escrow, she didn’t pay the seller, she gave him back the license and she took the money out of escrow and kept it, she didn’t put it back in the escrow account,” Sandie explained. “But she’s a convicted felon so she put the liquor license in her son’s name. She was writing to the checks ABC, but they must have told her they couldn’t accept her checks, so, she forged my signature on a $10,000 check.”
That wasn’t one of the charges. “They said I would have to take her court,” Sandie stated.
“All these people, they only trusted her because I trusted her,” she continued. “That’s kind of a heavy weight to carry.”
“My heart really broke, today because I was sending someone I loved to prison,” Sandie shared. “But I didn’t believe anything coming out of her mouth, today. I’m a sucker but I wasn’t suckered, today.”
“I have to tell you, that judge and Travis, they did their jobs,” Sandie stated. “Even if we lost, today I’m proud of the job they did.”
“Everything went good, because she was found guilty,” Danny Silva said. “The problem I had was the people in Sacramento.”
“I’m all for giving people a second chance,” he continued. “So, a minimum sentence like this for a first offense. But it’s not here first offense. If you keep making the same mistakes and no consequences, you’re going to keep doing it. The thing is she can be out for six to eight months. I hope I’m wrong. But I’m willing to bet $20 she’s out in eight months or sooner. She has nothing to worry about. The judge knew she’s a habitual liar and con artist. It’s a shame our system doesn’t punish these people more.”
As with most white collar crime cases, the investigation required time intensive forensic accounting and a large collaboration among several agencies. White-collar crime is taken very seriously by the Merced County District Attorney’s Office, as the effects are often far reaching and can financially devastate individuals and businesses. The DA’s Office thanked the Franchise Tax Board, Criminal Investigation Bureau and the Los Banos Police Department for their collaboration and shared that it is greatly appreciated to see that the defendant was brought to justice in this case.
Andy English contributed to this report.
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