Contra Costa Herald

Proposed sample locations map. Source: CC Health

Investigation continues into refinery’s failure to notify the public of Nov. 2022 hazardous materials release

By Contra Costa Health

A toxicologist hired by Contra Costa Health has determined that a release of spent catalyst in November 2022 did not increase risk to public health from exposure to hazardous metals in the soil. (See related articles here and here)

The risk assessment, done by TRC, came to this conclusion after metals detected in 14 soil samples did not appear in similar ratios or quantities to spent-catalyst dust samples collected shortly after the accident at Martinez Refining Company (MRC) on Nov. 24-25, 2022. Metals detected in the soil samples were also within an expected range of levels typically found in the state.

“Contra Costa County has taken all steps to determine whether residents suffered any health consequences from November’s hazardous materials release. We are committed to holding MRC responsible for any impacts to the community and to ensuring that this type of incident does not happen again,” said John Gioia, Chair of the Contra Costa County Board of Supervisors.

MRC remains under investigation by the Contra Costa District Attorney for failing to notify authorities when a process upset released 20 to 24 tons of waste into the air, covering nearby neighborhoods in a dust that contained metals.

Source: Martinez Refining Company

An oversight committee, which includes residents from affected areas, was appointed by the Board of Supervisors to investigate whether the release increased risk of health problems in the community due to environmental contamination and is also overseeing an independent community investigation of the cause of the release.

The County’s health officer, Dr. Ori Tzvieli, will lift a March health advisory that warned refinery neighbors not to eat produce grown in soil possibly contaminated by spent catalyst dust until environmental testing could be completed.

“Now that we have these results, I personally would have no issue eating fruits and vegetables grown in ground soil from one of the affected areas,” Dr. Tzvieli said.

The soil testing did underscore the fact that metals in the ground are a fact of life in developed areas like Contra Costa with heavy industry and agriculture. Metals found in the samples included lead and arsenic, once commonly used in pesticides, but the measured amounts did not suggest a link to the spent-catalyst release.

It’s important to note that there is no absolute safe amount of arsenic that humans and animals can ingest. But while most edible plants absorb some small amounts of arsenic, they usually do not contain enough to be a health concern.   

Dr. Tzvieli said if people are worried they may have elevated levels of lead, arsenic or other metals on their property, they can grow produce in pots or raised garden beds using clean store-bought soil. He also recommends rinsing and/or scrubbing produce well and peeling root crops like potatoes and carrots.

The primary health risk from the spent-catalyst release happened in the initial hours and days after the refinery accident when people may have been exposed from breathing in dust particles. In response to community concerns about potential long-term health impacts, the County initiated the community risk assessment and soil sampling.

Soil-sampling sites were chosen using a plume-model map developed by the Bay Area Air Quality Management District and input from the Oversight Committee.  

“We thank everyone for their patience as the Oversight Committee researched the impact of this incident on our community,” said Supervisor Federal Glover, who represents residents in areas affected by the release. “Industry has a responsibility to operate in a safe and responsible way. We will work tirelessly to hold them accountable when they don’t meet our standards.”

The root cause of the November hazardous materials release – and how a similar accident can be prevented in the future – is still being investigated by the County and the oversight committee. The District Attorney is considering legal action against MRC for not properly notifying the County of the release, which health officials learned about from social media.

For more information, visit our MRC oversight webpage.

Police and fire department personnel investigate the scene of Mykaella Kayla Sharlman’s body found on fire along the Mokelumne Coast to Crest Trail in Antioch, Monday morning, Oct. 17, 2022. Herald file photos

People vs. Montalvo and Boone cases can be brought back; among cases under review by DA, Public Defender; suspects released; responding officers, lead detective not implicated in texting scandal

By Allen D. Payton

According to Public Information Officer Ted Asregadoo, on Tuesday, June 6, 2023, the Contra Costa District Attorney’s Office determined the prosecution of The People of the State of California vs Ashton Montalvo and Deangelo Boone could not proceed to trial and moved to dismiss the case.

A dismissal at this juncture affords the District Attorney’s Office the ability to refile criminal charges against Montalvo and Boone and reinitiate legal action if new evidence is developed.

In this case, the prosecution of 42-year-old Deangelo Laraye Boone of Antioch and 33-year-old Ashton Kentrell Montalvo, of either Bay Point or Antioch, for mutilation and arson of the remains of 25-year-old Mykaella Kayla Sharlman found on the Mokelumne Trail in Antioch on October 17, 2022, relied heavily on the investigative work of Antioch Police Officers who are associated with racist text communications. (See related articles here, here, here, here and here)

After thoroughly reviewing the officers’ role in this case, applying relevant legal principles, and considering ethical responsibilities, the Contra Costa District Attorney’s Office no longer has confidence in the integrity of this prosecution.

“Our office extends our deepest sympathies to the family of Mykaella Sharlman and we aspire to renew this prosecution if presented with the opportunity to do so,” Asregadoo shared.

Case No. 04-22-01086 | The People of the State of California vs. Montalvo, Ashton

Case No. 04-22-01085 | The People of the State of California vs. Boone, Deangelo Laraye

As previously reported, District Attorney Diana Becton, Public Defender Ellen McDonnell, Betty Barker from the Alternate Defender Office, and the Director of the Contra Costa Conflict Program, Oksana Tsykova met in April to discuss the creation of a process to address cases affected by the disclosure of cruel, racially insulting, and hostile text messages written or received by members of the Antioch Police Department.

The Contra Costa District Attorney’s Office is working to identify cases that are potentially compromised by the text messages. Once we’ve identified those cases – and any overlapping conflicts — they will initiate a detailed review process for potential dismissal, resentencing, or the preservation of convictions.

The DA’s Office was asked for the names of the officers associated with the two cases and if the suspects have been released.

Asregedoo responded, “APD should have the information on what officers were involved in the investigation of the Boone/Montalvo case. As to whether both men are out of custody, unless they have holds on priors, they are likely out.”

“The texting scandal was only part of it,” he added. “There were other issues with the case. But we’re hopeful APD can pursue other investigative avenues and bring more evidence to review for a charging decision.”

Antioch Police Department PIO Corporal Price Kendall was then asked for the names of the officers and Contra Costa Sheriff’s Office spokesman Jimmy Lee was asked if the suspects had been released.

Lee responded, “They are no longer in custody.”

UPDATE: Kendall responded, “We will not be releasing the names of the officers involved in the investigation. However, none of the officers that initially responded to the call or the lead detective that filed the case were implicated in the text messages.”

Please check back later for any updates to this report.

Troy Foulger #49 picked up the big win in the Soares Memorial IMCA Modified race. Photo by Katrina Kniss

Racing resumes Friday and Saturday night with annual Western States Dwarf Car Nationals

By Candice Martin, DCRR Racing Media 

Antioch, CA…June 3…Troy Foulger won the 20 lap IMCA Modified Main Event Saturday night at Antioch Speedway. The Oakley driver is the current point leader in the Bowers Motorsports entry, and this was his first win of the season. He is also in the hunt for an unprecedented sixth division championship.

Looking for a second-straight win, IMCA National rookie point leader Andrew Pearce of Oakley set the early pace, but a Turn 4 pass on the second lap put Foulger into the lead. Foulger led Pearce through a pair of yellow flags in the first 12 laps as Buddy Kniss of Oakley ran third. Martinez drivers Nick DeCarlo and Anthony Slaney dueled fiercely for the fourth position before Slaney  moved ahead. Slaney got around Kniss for third with a Turn 4 pass on Lap 15. Foulger had a good lead on Pearce and picked up the impressive win. Slaney ended up third ahead of DeCarlo and Randy Shafer a Vacaville.

Point leader Troy Foulger #49 won his third IMCA Stock Car Main Event. Photo by Katrina Kniss

Later, Foulger came back and won his third 20 lap IMCA Stock Car Main Event. Rob Gallaher of San Jose led early with Foulger making an inside pass on Travis Dutra of Concord on Lap 2 to take second. Foulger went low in Turn 4 on the third lap to grab the lead front Gallaher. From there, he pulled away in the non-stop affair to a straightaway advantage. Dutra went inside down the front stretch on Lap 4 to grab second. Gallaher battled with Scott Foster of Oakley for the third spot until Foster took the position on Lap 9. Foulger won ahead of Dutra, Foster, Gallaher and Jason Robles of Rio Vista.

Highly decorated Placerville and Marysville champion Matt Michelli #96 won the Xtreme Late Model Main Event. Photo by Katrina Kniss

Live Oak’s Matt Michelli won the 20 lap Xtreme Late Model Main Event. Micheli is a 10-time champion across multiple divisions at tracks in Placerville, Marysville and Chico.

Paul Guglielmoni of Vacaville charged into the lead at the start ahead of Les Friend of Galt. Micheli moved into second on Lap 2 and made a low pass in Turn 2 of the fifth lap to take the lead from Guglielmoni. On the seventh lap, Rod Oliver of Yuba City slipped past Guglielmoni for second, and a yellow flag waved moments later. Micheli continued to lead Oliver on the restart, but reigning  champion Dan Brown Jr of Lincoln made a Turn 2 pass on Lap 12 to take second. Clark Guglielmoni of Vacaville quickly settled into third. Micheli set a good pace In the closing laps and picked up the victory ahead of Brown, Guglielmoni, Oliver and Chester Kniss of Antioch.

Jason Ryan Jr #52 picked up his second IMCA Sport Modified feature to take the point lead. Photo by Katrina Kniss

Jason Ryan Jr of Oakley won the 20 lap IMCA Sport Modified Main Event. This was his second win of the season as moved into the point lead. Ryan bolted into the immediate lead ahead of Jacob Mallet Jr of Oakley and Kelly Campanile of Oakley. Pacheco’s Kenny Shrader slipped past Campanile for third on the sixth lap and set his sights on Ryan and Mallet. Following a yellow flag on Lap 8 for Tyler Browne, Ryan continued to lead Mallet and Shrader on the restart. Ryan ran a smooth race for the remaining distance and collected the victory. Mallet settled for second ahead of Shrader, Campanile and Chuck Golden of Pittsburg.

Dwarf Car star Danny Wagner #11 won the Hobby Stock feature race. Photo by Katrina Kniss

Danny Wagner won the 20 lap Pacific Coast General Engineering Hobby Stock Main Event. This wrapped up a clean sweep of Dash, heat and and feature race for the Bay Point driver. Wagner is a three-time Dwarf Car champion.

Chris Long of Antioch bolted into the early lead ahead of Colten Haney of Brentwood. Wagner slipped into second on the third lap with Jared Baugh Pittsburgh running in third. Wagner made an inside pass on Lap 6 to take the lead from Long. Baugh gained second on the Lap 7 restart, but he spun in Turn 4 on the 11th lap, collecting Long. Wagner led Les Friend of Galt on the restart, but Friend was involved in a tangle on the 13th lap. At that point, Wagner led Kevin Brown of Oakley and Ken Johns of Antioch. Aidan Ponciano of Oakley moved into third on Lap 16 and dueled Brown over the remaining laps. Wagner went on to victory ahead of Brown, Ponciano, Baugh and Johns.

DJ Saenz #72 won the Mini Late Model Main Event. Photo by Katrina Kniss

DJ Saenz of Manteca won the 15 lap California Sharp Mini Late Model Main Event. This race was scheduled two days prior. Manteca’s Mitch Enos took the early lead over Saenz and Dan Zuger of San Jose. Zuger headed for the infield on the seventh lap, and a Lap 9 pass gained Saenz the lead from Enos. Enos kept it close, but Saenz prevailed in the end. Cayden Foster ended up third with Zuger rounding out the finishing order.

Racing resumes this Friday and Saturday night with the annual Western States Dwarf Car Nationals, hosted by the local Delta Dwarf Car group. Some of the best drivers on the West Coast will be there. On Friday, the Wingless Spec Sprints and IMCA Stock Cars will be competing. Saturday night will also include the IMCA Modifieds, Tri State Pro Stocks and Print Club Mini Stocks. For further information, go to www.antiochspeedway.com.

Antioch Speedway Race Results – June 3, 2023

IMCA Modifieds

Heat Winners (8 laps)-Troy Foulger, Buddy Kniss. Main Event (20 laps)-Troy Foulger, Andrew Pearce, Anthony Slaney, Nick DeCarlo, Randy Shafer, Buddy Kniss, Chris Sieweke, Bobby Motts Jr, Dave Duste Jr, Tim Yeager Jr.

Xtreme Late Models

Heat Winners (8 laps)-Anthony Slaney, Clark Guglielmoni. Main Event (20 laps)-Matt Micheli, Dan Brown Jr, Clark Guglielmoni, Rod Oliver, Chester Kniss, Shawn DeForest, Les Friend, Justin Yeager, Wayne Trimble, Paul Guglielmoni.

IMCA Sport Modifieds

Heat Winners (8 laps)-Tyler Browne, Kenny Shrader. Main Event (20 laps)-Jason Ryan Jr, Jacob Mallet Jr, Kenny Shrader, Kelly Campanile, Chuck Golden, Trevor Clymens, Joseph Pato, Tyler Browne, Mark Garner, Tommy Clymens Jr.

Pacific Coast General Engineering Hobby Stocks

Heat Winners (8 laps)-Danny Wagner, Chris Long, Jared Baugh, Colten Haney. B Main (12 laps)-James Thomson, Bobby Gallaher, Michaela Taylor. Main Event (20 lap)- Danny Wagner, Kevin Brown, Aidan Ponciano, Jared Baugh, Ken Johns, James Thomson, Jon Haney, Colten Haney, Jess Paladino, Trevor Clymens.

IMCA Stock Car

Heat Winner (8 laps)-Troy Foulger. Main Event (20 laps)-Troy Foulger, Travis Dutra, Scott Foster, Rob Gallaher, Jason Robles, Kenneth Robles, Nick DeCarlo DNS.

California Sharp Mini Late Models

Heat Winner (8 laps)-Mitch Enos. Main Event (15 laps)-DJ Saenz, Mitch Enos, Cayden Foster, Dan Zuger.

Bianca Silva with parents Letty and Martin Silva on graduation day. Photos: Kaiser Permanente

“Sí se puede! Dreams do come true!

Dr. Bianca Silva.

By Ronelle Scardina

Bianca Silva believed her grandfather’s words, “Sí se puede,” and her mother’s advice that “if you can think it, you can make it happen.” On May 20, Bianca graduated with a D.O. degree from Pacific Northwest University of Health Sciences College of Osteopathic Medicine. She is preparing for her first job in June as a family medicine resident physician at Kaiser Permanente Vallejo with the intention of serving the local community she once grew up in as a teen.

Bianca’s parents, Martin and Letty Silva, work at the Kaiser Permanente Richmond Medical Center. He is a gardener, and she is an administrative assistant. Both parents supported their daughter’s dream of becoming a doctor. After years of hard work, they are excited to see her dreams come true.

“When Bianca was in middle school, my husband would pick her up from school as he was getting off his shift and bring her to me at the pharmacy at the Kaiser Permanente Richmond Medical Center,” Letty recounted. “She had to wait for 30 minutes until my shift ended because he worked the night shift and I worked the day shift. Bianca enjoyed her visits. She got to know the team and had an opportunity to be exposed to so much about working in the medical field. One day, Bianca looked up at me and said that she wanted to become a doctor when she grows up.”

Bianca always demonstrated commitment to pursing her dream and working with medically underserved and vulnerable populations. She worked hard—something she learned at a young age. Growing up, she helped her father with landscaping side jobs by picking up sticks and leaves in return for treats at McDonald’s.

“We believed it was important to teach them responsibility and commitment,” Martin said. “We said that if they could think it, they could make it happen!”

It has been a long journey, but the family was always there to support and encourage Bianca along the way. She was especially close to her now deceased grandfather, Raul, who encouraged Bianca to pursue her dream of becoming a doctor — “Sí se puede, echale ganas . . . Yes, you can, give it your best!”

“He motivated her to achieve her goal,” Letty noted. “Bianca put in a lot of effort and never gave up. She’s looking forward to the day that she can visit his grave with her degree and let him know all about it. Although he won’t be at her graduation, Bianca knows deep in her heart that he will be there with her in spirit.”

Bianca was born at the Kaiser Permanente Oakland Medical Center. She grew up in Richmond with her older brother, Martin, Jr., and younger sister, Jessica. She later moved to Vallejo to attend Jesse Bethel High School. Bianca received most of her care at Kaiser Permanente Vallejo Medical Center, where she would eventually match for residency. She currently lives at home in Fairfield with her cat, Luna.

The family is looking forward to celebrating Bianca’s graduation and new job on June 10.

Letty, Bianca and Martin Silva.

Martin Silva has been employed at Kaiser Permanente Richmond since March, 1995. He spent seven years in Environmental Services before transferring to the Landscape Team as a gardener, where he has worked ever since. Letty has worked for Kaiser Permanente Richmond since 1987.

A Richmond native, Letty hoped to work at Kaiser Permanente since she was a little girl because she wanted to give back to the local community.

“We love our community,” she said. “We love to help our neighbors and our other family at Kaiser Permanente—it’s considered our home away from home. It took a lot of sacrifice and commitment, and it means everything. We are so proud of Bianca’s accomplishments. It was worth it!”

Rendering of Regatta Park playground structure by Miracle Playsystems. Source: CCC Public Works

By Kelly Kalfsbeek, PIO, Community & Media Relations Coordinator, CCC Public Works Department

Contra Costa County Public Works is installing a new playground structure at Regatta Park, 2514 Foghorn Way, Discovery Bay. Work has already started on this wonderful project, and will continue through Friday, June 30, 2023, barring unforeseen circumstances. Contractors will be working between 7:00 a.m.- 4:00 p.m., Monday through Friday (excluding holidays), weather permitting. The park will remain open during installation; however, park users may encounter staff and equipment during working hours.

Fencing will be installed around the work area for safety. The new playground areas will not be accessible while fencing is in place. Walking on the surfaces during the curing process can affect the finished product.

About Contra Costa County Public Works Department:

Contra Costa County Public Works Department (CCCPWD) maintains over 660 miles of roads, 150 miles of streams, channels and other drainage and over 150 County buildings throughout Contra Costa County. CCCPWD provides services such as Parks and Recreation, Sandbag Distribution and Flood Control throughout the unincorporated areas of Contra Costa County.  CCCPWD operates two airports, Buchanan Field Airport in Concord and Byron Airport in Byron. For more information about CCCPWD, please visit us at www.cccpublicworks.org.

Contra Costa County and the City of Concord bring services to residents from 4-7 p.m.

Avoid having to make multiple stops to government offices or wait in long lines to take care of important tasks. Instead, stop by the County Services Spring Block Party.

Contra Costa County, the County’s Clerk-Recorder-Elections Department and the City of Concord are collaborating to provide a fun, festive event that offers a wide variety of on-the-spot government services at one single location.

The County’s annual Block Party will be held from 4 p.m. to 7 p.m., Tuesday, June 6, at the Concord Library, 2900 Salvio Street, in Concord.

This is the fifth year that Contra Costa County has hosted the increasingly popular event. The “Block Party” rotates locations each year to provide opportunities to engage with different communities around the County.

“This event is designed to bring together multiple services in one location and make it easier for county residents to get things done,” said District IV Supervisor Ken Carlson. “We’re serving residents where they are.”

“Accessibility and outreach are key goals for me as a county elected official, and the County Block Party is a great way to offer county residents accessibility to services out in the community,” said Kristin B. Connelly, Clerk-Recorder and Registrar of Voters. “Our department is excited to be an integral part of this annual event.”

Available services at the Block Party event will include, but are not limited to:

• Apply for CalFresh & Medi-Cal,
• Information about childcare and preschool options,
• Record with Reach from Clerk-Recorder’s Office
• Library Card Signups,
• Weatherization information,
• Voter Registration,
• Clean Slate Program information,
• Contra Costa Television (CCTV) — and many more programs.

Food Trucks will offer food for purchase, and parking is free.

For more information, please call the County’s Clerk-Recorder-Elections Department at 925-335-7805.

By Jimmy Lee, PIO, Contra Costa Sheriff’s Office

Sheriff-Coroner David Livingston announced that a coroner’s jury reached a finding Friday, June 3, 2023 in the January 3, 2023 in-custody death of 31-year-old Brian Love Pence, Jr. of Antioch. The finding of the jury is that the manner of death is natural.

Pence was arrested on December 31, 2022, by Antioch police for misdemeanor spousal battery. Upon entering Intake, he tested positive for Covid and was assigned to a module on quarantine status and housed alone. He was screened by County Health Services and cleared for incarceration by Medical and Mental Health staff.

On Jan. 3, 2023, at approximately 1:22pm, deputies conducted a room check and observed no movement from the inmate. Deputies made entry and called for jail medical staff to respond. Life-saving measures were attempted by deputies, medical staff and paramedics. He was later pronounced deceased at the scene. There were no immediate signs of trauma or anything suspicious. (See related article)

The coroner’s jury reached the verdict in the inquest after hearing the testimony of witnesses called by hearing officer Matt Guichard.

A coroner’s inquest, which Sheriff-Coroner David Livingston convenes in fatal incidents involving law enforcement personnel, is a public hearing during which a jury rules on the manner of a person’s death. Jury members can choose from the following four options when making their finding:  Accident, Suicide, Natural Causes or At the hands of another person, other than by accident.

Allen D. Payton contributed to this report.

Vendor space available. See form – Juneteenth Vendor Application (June 17th-19th, 2023) (jotform.com)

Source: CoCoCo Sheriff

The Memorial Day holiday weekend traditionally marks the start of boating season on the Delta. A large number of people are expected to be on the water this weekend and throughout the summer to go fishing, boating or take part in water sports, like water-skiing.

“We want all boaters and those on the Delta to enjoy themselves, but to be safe,” said Contra Costa Sheriff David Livingston. “By following the laws and regulations, wearing a life-jacket, avoiding alcohol, and boating safely, you could help avoid an accident or tragedy on the water.”

The Contra Costa County Office of the Sheriff Marine Ser-vices Unit would like to remind all boaters to be safe, alert, and obey the rules. Here are some important rules and tips:

-Anyone 50 or under who oper-ates a vessel that is propelled by an engine, regardless of whether the engine is the principal source of propulsion, must have in their possession a California Boater Card issued by the state. By 2025, anyone operating a motorized vessel will be required to possess a California Boater Card. For more information on the California Boater Card, go to www.dbw.ca.gov.

-All vessels, including stand-up paddle boards (SUPs), must have a U.S. Coast Guard approved life jacket for each person. The life jacket must fit the person intending to wear it. Children under 13 must always wear a life jacket while aboard any vessel, regardless of length, unless they are surrounded by an enclosed cabin or bulkhead. We encourage every-one, regardless of age, to wear a personal floatation device at all times when on the water.

-You must be at least 16 years old to operate a power boat or personal watercraft. All persons on a personal watercraft are required to wear an approved life jacket.

-Boats 16 feet and larger are required to have a life ring or square type 4 throwable flotation device which must be immediately accessible.

-Always travel at a safe speed. Slow down in narrow channels and blind areas and navigate on the right side of the waterway. In crossing situations, the boat on the right has the right of way.

-The operator of a vessel involved in towing a skier must display, or cause to be displayed, a red or orange water ski flag to indicate: a downed skier, a skier in the water preparing to ski, a ski line extended for the vessel, or a ski in the water in the vicinity of the vessel.

-Blue Light law — Any vessel approaching, overtaking, being approached, or being overtaken by a moving law enforcement or emergency vessel operating with a siren or an illuminated blue light, or any vessel approaching a stationary law enforcement vessel displaying an illumi-nated blue light, shall immediately slow to a speed sufficient to maintain steerage. Boaters cannot make a wake near a law enforcement vessel displaying a blue light.

-Always have an emergency kit that includes a flashlight, warm clothing, cell phone, VHF radio and chart. For emergencies on the water, boaters should call 911 or Sheriff’s Dispatch at (925) 646-2441. Be sure to file a float plan before you depart. Go to this link for more information on float plans and how to fill one out:

https://uscgboating.org/recreational-boaters/floating-plan.php

-Be aware of potential carbon monoxide poisoning that can occur when the motor is running while occupying the swim platform or in vicinity of the vessel’s transom.

Boating under the influence (B.U.I.) enforcement is a high priority. Those arrested for B.U.I. will face similar consequences as those who drive a motor vehicle under the influence, including fines and possible jail time.

The ‘ABC’s of Boating’, a handbook of boating rules, is available from most boating shops. Boaters can go to the California Division of Boating and Waterways website at www.dbw.ca.gov for information on boating safety and the California Boater Card. If anyone has any questions about boating safety, please contact the Marine Services Unit at (925) 427-8507.