Contra Costa Herald

By Scott Alonso, Public Information Officer, Office of the District Attorney

On January 30, a Contra Costa County jury found defendant Guido Ginochio of Concord guilty of two felonies, including the attempted murder of the victim. Ginochio used a firearm to fire two shots into the back of the victim in the evening of February 7, 2017. Hours later, Ginochio used his firearm to fire seven rounds into the Adaptive Learning Center on Clayton Road in Concord. During the shooting into the business, Ginochio was wearing a ballistic proof body vest.

Ginochio now faces a maximum sentence of 34 years to life in state prison. Sentencing will occur on May 3, 2019 in front of the Honorable Laurel Brady – Department 31 of the Contra Costa County Superior Court in Martinez. Contra Costa County Deputy District Attorney Adam McConney prosecuted the case on behalf of the People. The case originated in the Office’s Community Violence Reduction Unit.

“The defendant’s senseless and unprovoked acts of gun violence not only nearly ended the victim’s life, but also endangered the lives of other members of our community,” said McConney. “All credit should be given to the victim, who bravely stood up to the defendant by testifying in court, and the jury for being attentive throughout the trial and ultimately delivering justice.”

Just after 10:00 p.m. on February 7, Ginochio approached the victim outside of the victim’s residence asking if Ginochio could buy marijuana. The victim refused the request and attempted to enter the residence to get away from Ginochio. When the victim attempted to gain access to the residence, Ginochio opened fire and hit the victim twice in the back, nearly killing him.

The felony counts against Ginochio are:

• Count 1, Attempted Murder

o    Enhancement 1, Personal and Intentional Discharge of a Firearm, Great Bodily Injury

• Count 2, Discharge of Firearm with Gross Negligence

Case information: People v. Guido Vela Ginochio, Docket Number 05-171306-4.

By Jimmy Lee, Director of Public Affairs, Contra Costa County Office of the Sheriff

Sheriff-Coroner David O. Livingston announced on Wednesday that a Coroner’s Jury has reached a finding in the February 7, 2018 death of 46-year-old David Lamarc Hubbard of San Pablo while in custody at the county jail in Martinez. The finding of the jury is that the manner of death is natural causes.

The Coroner’s Jury reached the verdict after hearing the testimony of witnesses called by the hearing officer, Matthew Guichard.

According to the Sheriff’s Officials Hubbard was arrested on suspicion of stalking, assault with a deadly weapon, domestic violence and possession of child pornography. He bail was set at $1,655,000.

A Coroner’s Inquest, which Sheriff-Coroner Livingston convenes in fatal incidents involving police officers, 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 Payton contributed to this report.

By CHP-Contra Costa

Early this morning at about 1:10am, Contra Costa CHP was advised of a solo vehicle rollover collision on I-80 westbound just east of Pinole Valley Road. Upon emergency personnel and CHP arrival, the 59-year-old male driver from El Sobrante was extricated and life-saving procedures were administered but unsuccessful and the driver was pronounced deceased. The Contra Costa County Sheriff’s Coroner’s Office will be handling the release of identity of the deceased party.

In the initial investigation, it appears that the solo male driver of the 2000 Audi was traveling at a high rate of speed on I-80 westbound approaching Pinole Valley Road and veered off the roadway and into the concrete sound wall, and subsequently overturned and slid across the lanes and came to rest blocking the #2 & #3 lanes. Once emergency personnel arrived and extricated the driver, they began life-saving procedures but were unsuccessful and unfortunately the driver was pronounced deceased. A Sig-Alert was issued at 1:37 A.M. (w/ the #1 lane remaining open the entire time) and lifted at 3:02 A.M. when all lanes of traffic were opened.

It is unknown at this time if alcohol or drugs are a factor in this collision as it is still under investigation. If anyone witnessed this collision or the events leading up to it, please contact Contra Costa CHP in Martinez, (925) 646-4980.

Winners of the 2019 Contra Costa Mock Trial, the California High School Mock Trial Team, led by teacher coach Brian Barr and attorney coaches Larry Lowe, and Ken Mifsud represented Contra Costa County at the 38th Annual California State Mock Trial on March 22-24 in Sacramento, CA. Photo courtesy of CCC Office of Education.

Bay Area soon-to-be, practicing, and retired law professionals are needed to provide assistance to their future brethren at the upcoming 38th Annual Contra Costa County High School Mock Trial Program, held on seven early weekday evenings during late January and early February, in the Martinez Court Rooms. Last year, close to 100 Bay Area practicing and retired attorneys and sworn judges, as well as third-year law students volunteered their time with the Mock Trials.

Coordinated by the Contra Costa County Office of Education (CCCOE), Mock Trial is an academic event provided for high school students. The hands-on educational program was created to help students acquire a working knowledge of our judicial system, develop analytical abilities and communication skills, and gain an understanding of their obligations and responsibilities as participating members of our society. This year’s case, People v. Klein: A young adult is charged with two felony counts: making a false report of an emergency (in this case, commonly referred to as “swatting”) and making a criminal threat.

“This program is a great tool to ensure that our students understand the workings of the trial courts and thus the importance of an independent judiciary, says,” says Contra Costa County Presiding Judge Barry Baskin. Judge Baskin, a long-time Mock Trial volunteer, encourages all of his local fellow law professional to join him in assisting with this year’s Mock Trial Competition.

Teams of high school students work with teachers and volunteer coaches to prepare their version of the criminal case, from both the prosecution and defense perspectives.  Students assume the roles of trial attorneys, pre-trial motion attorneys, witnesses, clerks, bailiffs, artists, and court journalists. Mock Trial judges and attorneys score their performance and provide immediate feedback. Winning teams advance through seven rounds of competition. The county’s champion advances to the State finals. This year, there will be 17 Mock Trial teams competing, representing high schools throughout all of Contra Costa County.

Volunteers will score two competing schools that argue the case in their assigned court. Each night, will begin with a 15-minute rules and regulations training, then the volunteers will go into their scheduled courtrooms to serve as Mock Trial judge and scorers.  The Mock Trials’ scorers are made up of Bay Area deputy district attorneys and deputy public defenders, as well as public-sector, private-practice, and corporate lawyers. In addition, seasoned law students are also welcome to participate. A practicing or retired judge or commissioner will preside over each trial, and also serves as one of the trial’s scorers.    

“We applaud the hard work and time our students and their coaches put in to prepare for our Mock Trial program,” said Contra Costa County Superintendent of Schools Lynn Mackey. “In addition, we are grateful for the continued generous volunteer support we receive from our county’s Judicial, District Attorney, and Public Defender offices, as well as so many of our current and retired public- and private-practice attorneys. This successful program would never come together without so much support from the community.”

Teams from the following 17 Contra Costa County high schools will be competing:
Acalanes (Lafayette), Alhambra (Martinez), California (San Ramon), Campolindo (Moraga), Carondelet High (Concord), Clayton Valley Charter (Concord), De Anza High (Richmond), Deer Valley Law Academy (Antioch), Dougherty Valley (San Ramon), El Cerrito (El Cerrito), Hercules Middle/High (Hercules), Heritage (Brentwood), Kennedy (Richmond), Las Lomas (Walnut Creek), Miramonte (Orinda), Monte Vista (Danville), and Richmond (Richmond).  

Schedule for 2019 Contra Costa County High School Mock Trials:

Preliminaries: January 29 and 31; February 5 and 7, – 5:00-8:30 p.m. (Nine competitions each night)

Quarterfinals: February 12, 5:00-8:00 p.m. (Four competitions)

Semifinals: February 14, 5:00-8:00 p.m. (Two competitions)

Final and Consolation: February 19, 5:00-8:00 p.m. (Two competitions) 

Mock Trial will be headquartered at the A.F. Bray Courthouse, 1020 Ward Street, in Martinez.

Interested volunteers can learn more by visiting the CCCOE’s Mock Trial Web page, or contacting Jonathan Lance at jlance@cccoe.k12.ca.us or (925) 942-3429. 

The two highest-scoring teams will advance to the finals on Tuesday, February 19. The winning team will then represent Contra Costa County at the California State Mock Trial Competition, held in Sacramento, Calif., March 22-23. The California state finalist team will then compete in the National Mock Trial Competition, held May 16-18, Athens, Georgia.

In 1977, the Constitutional Rights Foundation (CRF) introduced the concept of mock trials to the Los Angeles schools. In 1980, the program expanded to the state level. The California Mock Trial Program currently involves more than 36 counties and over 8,000 student participants from more than 400 teams. Approximately 1,500 attorney volunteers serve as team coaches and scorers, and 500 Municipal, Superior, and Appellate Court judges preside over the trials. 

Dear Editor:

Palliative (pronounced pal-lee-uh-tiv) and hospice care—with a focus on managing and easing symptoms, reducing pain and stress, and increasing comfort—can improve both the quality of care and quality of life for those with advanced dementia. Palliative and hospice care are provided by a specially-trained team – doctors, nurses and other specialists – who work closely with a patient’s other doctors.

One in every five seniors has a primary hospice diagnosis of Alzheimer’s or another dementia. 19,000 Contra Costa County residents live with Alzheimer’s and statewide, over 650,000 people over 65 and older have Alzheimer’s.  It’s the third leading cause of death in California. Over twenty percent of emergency hospital visits deal with hospital readmission of dementia patients.

PCHETA will provide people with Alzheimer’s and other dementias with improved quality of care while lowering the impact on Medicaid. Please join me in asking Congressman Jerry McNerney to sponsor The Palliative Care and Hospice Education and Training Act (PCHETA) (H.R.647) that was re-introduced to the 116th session of Congress.

Pam Jarvie

Discovery Bay

Assemblyman Jim Frazier

Says “PG&E must be required to pay every cent it owes victims”

SACRAMENTO – Assemblymember Jim Frazier (D-Discovery Bay) has introduced a bill to require the state’s electric utility companies to move their equipment and transmission lines out of forests, and other regions where the potential for fire is high, or bury or fireproof it, to prevent the ignition of devastating and deadly wildfires.

“Like all Californians I am horrified that our state has become increasingly powerless against wildfires indiscriminately destroying communities and taking lives every fire season,” Frazier said. “Climate change has made us more vulnerable and California’s major utility companies have failed to keep up with this new reality. Their equipment has ignited thousands of wildfires in recent years and many of these blew up into destructive and deadly infernos. The environmental damage caused by these fires is appalling. Forests are scarred for decades. The loss of life due to an inattentive safety net is unconscionable. We need common-sense solutions now. Requiring utility companies to take responsibility for their equipment in order to safeguard California is reasonable and just.”

AB 281 would require utilities to relocate their transmission lines out of forests and other areas where the potential for fire is high. If relocation is not possible, they would be required to bury the lines. If it’s not possible to relocate or bury the lines, they would be required to improve the equipment to “prevent, and minimize the risk” of the equipment igniting fires.

A recent Los Angeles Times investigation found that equipment owned by California’s three largest utility companies started more than 2,000 wildfires in a 3-1/2 year period ending in 2017. The report found the state lacks the resources to monitor whether utility companies are properly maintaining their transmission line right-of-ways to protect against vegetation coming into contact with their equipment and sparking fires.

“The current system, with the state relying on the utility companies to police themselves, is not working,” Frazier added. “There is no bigger issue facing our state than this right now, and we cannot wait to take action any longer. The way of doing business with these utilities needs to change by recognizing what’s been done in the past doesn’t work anymore.”

Frazier issued the following statement after California’s largest investor-owned utility company, Pacific Gas & Electric, filed for Chapter 11 bankruptcy protection today.

“PG&E is solvent with a guaranteed revenue stream. To evade responsibility for the devastation caused by the company’s negligence would be unconscionable. The company filed for bankruptcy in 2001 and came back stronger than ever. Whatever happens, PG&E must be required to pay every cent it owes to victims of the devastating wildfires the company caused.”

Assemblymember Frazier represents the 11th Assembly District, which includes the communities of Antioch, Bethel Island, Birds Landing, Brentwood, Byron, Collinsville, Discovery Bay, Fairfield, Isleton, Knightsen, Locke, Oakley, Pittsburg (partial), Rio Vista, Suisun City, Travis AFB, Vacaville and Walnut Grove.

Brad Kilger, Photo by City of Martinez.

City Manager Brad Kilger is retiring from Martinez effective February 1, 2019, which will complete a career in the public sector spanning 40 years, including previous stints as City Manager in the cities of Benicia, Ceres, and Yucca Valley (click here for biography). The City Council held a special proclamation ceremony during the January 16, 2019 Council meeting to recognize Mr. Kilger for his many accomplishments during his tenure in Martinez and thank him for his outstanding service to the Martinez community (click here for photos). Mayor Schroder commented, “Of all the people I’ve worked with, they’ve all been very professional but I think you were the right person at the right time for us. Just look at what you’ve accomplished, it’s really a lot, the tax measures, our financial stability…We’re really looking forward, not just in the next couple years but the next ten years and that’s the best way to run a city.”

Mr. Kilger’s most notable accomplishments in Martinez include:

·         successfully managing two voter-approved sales tax measures, including Measure D which is critical to the improvement of the City’s streets and roads, and Measure X which will help preserve essential quality of life services;

·         developing and implementing a Strategic Plan to focus resources on citywide priorities;

·         resolving the longstanding Pleasant Hill-Martinez Joint Facilities Agency issue;

·         addressing the California Voting Rights Act redistricting challenge in time for the November 2018 elections; reinstating core functions of the City’s Community and Economic Development Department to meet critical economic development and planning priorities;

·         completing numerous Capital Improvement Program projects, including: Morello Avenue and Center/Pine Street at Highway 4 repaving; Brown and Green streets reconstruction; Alhambra Creek Vehicle Bridge; Water Main Replacement Project; Marina dredge; Initiation of the Intermodal Phase 3/Pedestrian Bridge and Ferry Street Railroad Pedestrian Crossing Improvement Projects, which will provide a pedestrian bridge overcrossing and new access to the Intermodal overflow parking lot north of the railroad tracks; and Waterfront Park Renovation Project, which included pathway, safety lighting, parking improvements, a new group picnic area, play area and restroom and ball field improvements, including a championship baseball field that can be used both professionally and by the Martinez community.

Kilger noted that one particular project, the TLC for Kids Sports Hidden Lakes Park ballfield renovation, he was particularly pleased to participate in during his tenure in Martinez.

“On a Saturday in November 2017, more than 100 volunteers (including many of the youth that play on the ballfields), several sponsors, City Council members and over 20 City of Martinez workers and staff came together to assist in renovation of the fields, he stated. “To me, this is what public service is all about, citizens and City Hall coming together to help improve the quality of life in their community.”

“I want to thank the Council for giving me the opportunity to work in Martinez,” Kilger commented. “Of course, I want to thank the city staff for their dedication and hard work, for they are the reason, not me, that we have achieved the accomplishments we have over the past two and a half years. I helped set the direction, but they made it happen. I also wish to thank the members of the community, whose love and passion for Martinez make this such a special place. Every City Manager wants to leave the City they work in better than when they came, and I feel with the leadership of the Council and the hard work of staff I’ve been able to do that.”

In closing his closing comments, Kilger quoted the renowned management educator and author Peter F. Drucker who said that “management is doing things right; leadership is doing the right things.” Kilger added, “In my life and during my 40 years as a public sector administrator, that simple goal of always trying to do the right thing has been the professional, ethical and moral compass that has led me through my career. While there have been bumps along the road and I have had to make course corrections, as we all do, this goal has always ensured that my objectives were sound and my mission an honorable and truthful one.”

By Lt. Sam Staten, Martinez Police Department

On Sunday, January 20, 2019, at approximately 3:41 PM, Concord Police Officers responded to the 1800 block of Monument Blvd. regarding an armed robbery that had occurred at Cricket Wireless.  The suspect came into the business, brandished a handgun at the cashier and demanded the money from the register.  The suspect took an undetermined amount of cash and fled the area. 

An extensive search was conducted but the suspect was not located. There were no injuries as a result of this incident.

The suspect is described as a Hispanic male adult in his 20’s with a thin moustache.  He wore a dark grey sweatshirt with a red and white “Reebok” logo on the front, dark colored jeans and dark colored shoes or boots.  He was armed with a black handgun.

Anyone with information in regard to this incident is asked to call Concord Police Department Detective Sergeant Mark Robison at (925) 671-5074.

By Jimmy Lee, Director of Public Affairs, Office of the Contra Costa County Sheriff

At about 12:22 PM today, Deputy Sheriffs were dispatched to a report of shots fired with a man down in the intersection of Jasmine Court and Jasmine Way in El Sobrante.

The caller advised that they had heard gunshots and saw a man in the street.

Deputies arrived on scene and found a man deceased at that location. He appeared to have suffered from a gunshot wound. The victim is being identified as 52-year-old Michael Bagwell of Richmond.

The Homicide Unit of the Investigation Division responded to the scene. The investigation is ongoing.

Anyone with any information on this case is asked to contact the Investigation Division via Sheriff’s Office dispatch at (925) 646-2441 or (925) 313-2600 during business hours. You can also call the anonymous tip line at (866) 846-3592. Tips can also be emailed to: tips@so.cccounty.us.

State and local elected officials join Contra Costa Transportation Authority Executive Director Randy Iwasaki (2nd from left) to break ground on improvements to the Interstate 680/State Route 4 Interchange Thursday, Jan. 24, 2019. Photo by CCTA.

One of the largest SB-1- funded capital projects to break ground in the State of California  

The Contra Costa Transportation Authority (CCTA) and the California Department of Transportation (Caltrans) announced the start of construction on the first phase of a multi-phased project to improve safety and help reduce congestion at the Interstate-680/State Route 4 Interchange in central Contra Costa County. The initial phase of construction involves widening a four-mile segment of State Route 4 in both directions between Morello Avenue in Martinez and State Route 242.  This phase of work also involves the replacement of the Grayson Creek Bridge to bring it up to current State bridge safety codes.

“Improving the I-680/SR4 Interchange has been a priority for the Contra Costa Transportation Authority for many years,” said CCTA Board Chair Federal Glover. “Thanks to an infusion of Senate Bill 1 funds from the State, we are able to take this first, important step in improving safety at this critical interchange.” The total cost for improving this segment is approximately $136 million.
“For too many years we have neglected our infrastructure, and as a result Californians spend too much time in traffic, too much money on car repairs, and far too little time with their friends and families,” said Assemblymember Grayson. “I have been working for over two years with the California Transportation Commission and Contra Costa Transportation Authority to fund and break ground on this long-awaited project so that our community can spend less time sitting in traffic and more time doing what they enjoy.”

“This project will reduce the travel time for the more than 100,000 people who drive this corridor each day, and is a key piece of an ambitious regional improvement plan,” said Caltrans District 4 Director Tony Tavares. “The funding from Senate Bill 1 is enabling Caltrans and the Contra Costa Transportation Authority to rebuild California’s highways.”

The Interstate 680/State Route 4 Interchange Improvement Project will widen approximately four miles of State Route 4 by adding a third lane in the eastbound and westbound directions to improve on-ramp and off-ramp merging.  The project also includes widening of five structures, extending eastbound State Route 4’s carpool lane approximately two miles, installation of safety lighting, and replacement of the Grayson Creek Bridge. Over 50 years old, the Grayson Creek Bridge has exceeded its serviceable life.

Breaking ground for this segment of work in this multi-phased project will lay the groundwork for future improvements to connector ramps, improve traffic safety and enhance traffic flow.

Interstate 680 serves as the main artery for motorists traveling through central Contra Costa County, connecting it with Solano County to the north and Alameda and Santa Clara counties to the south. State Route 4 serves as the only major east-west transportation link joining the communities of Antioch, Bay Point, Pittsburg and Brentwood with central and western Contra Costa County and the Bay Area. The I-680/SR 4 Interchange Improvement project will widen four miles of State Route 4 by adding a third lane in the eastbound and westbound directions and improve on-ramp and off-ramp merging actions. The project also includes widening of five structures, installation of safety lighting, and replacement of the Grayson Creek Bridge. This project will lay the groundwork for future improvements to connector ramps, improve traffic safety and enhance traffic flow.