Contra Costa Herald

By Oakley Police Department

This afternoon, OPD Officers were dispatched to the report of an individual who had been shot at the intersection of Main Street and Hill Avenue.  As officers responded to the scene, Gehringer Elementary School was placed into lockdown as a precautionary measure.

Witnesses reported the suspect fled the area in a dark-colored sedan immediately after the shooting.

Upon arrival, officers learned that two individuals had been involved in a physical fight when a third individual approached the pair, drew a firearm, and fired a single shot striking one of the individuals.  OPD Officers arrived and provided first aid, along with a crew from the East Contra Costa Fire District and AMR.

According to Battalion Chief Jeffrey Burris, East Contra Costa Fire sent 10 personnel to the scene. E153 and AMR Medic 52 arrived on scene to find an eighteen year old male down in the street with a gun shot wound to the face.

Because of the severity of the injury, the victim was transported by air ambulance, CON Air-2 to the John Muir Medical Center in Walnut Creek.

Once the scene was safe, the elementary school was taken off of lockdown and students were released with officers present.

OPD Investigators are currently processing the crime scene and interviewing witnesses to the shooting event.

OPD Investigators are seeking assistance from members of the public regarding this incident. Anyone with information about this incident is asked to contact our tip line at OPD@ci.oakley.ca.us.

According to Oakley Police Sergeant Grubaugh this is the latest information they have.

Allen Payton contributed to this report.

Soon to be appointed Contra Costa County Clerk-Recorder-Registrar of Voters Deborah Cooper at the Board of Supervisors meeting on Tuesday, Jan. 21, 2020. Photo by Daniel Borsuk.

Long-time Clerk/Recorder Administrator gets nod for $350,000 a year post; Mitchoff withdrew application

By Daniel Borsuk

By leveraging 24 years of experience in the Contra Costa County Clerk/Recorder-Registrar of Voters Office, Deborah Cooper unanimously earned the nod of approval from the Contra Costa County Board of Supervisors on Tuesday to become the next Clerk-Recorder/Registrar of Voters.

But it wasn’t a smooth ride to convince the five supervisors in selecting the longtime Clerk/Recorder Administrator to the top Clerk/Recorder-Registrar of Voters’ position.

Supervisors instructed County Administrator David Twa to have criminal and personal background checks conducted on the career Clerk/Recorder Office Administrator so that supervisors can put their final stamp of approval on their selection at a meeting on February 4.

Cooper, a Danville resident, outlasted four other candidates for the elected post that became vacant October 30 when former office holder Joseph Canciamilla of Pittsburg, resigned when a California Fair Practices Commission audit uncovered that the former state assemblymember had illegally spent $130,529 in campaign funds for personal expenses. Canciamilla has paid a $150,000 CFPC fine, but still faces potential criminal charges and forfeiture of his state pension.

Bisa French, the interim Richmond Police Chief delivered a speech at the 42nd Annual Martin Luther King Jr. Celebration in the Contra Costa County Board of Supervisors chambers in Martinez on Tuesday. Photo by Daniel Borsuk.

Cooper said she is willing to run for the elected office in three years, unless the supervisors change the office from an elected to an appointed post during the interim. The longtime department administrator remarked that expanding voter outreach and relying on current department IT personnel to ensure election security and safety will be among her priorities if she is permanent Clerk/Recorder and Registrar of Voters.

“You currently have someone who has held an important position in the office for 24 years and knows how to maintain control,” said former County Clerk-Recorder/Registrar of voters Steve Weir, who endorsed Cooper for the full-time top post.

Competition for the $350,000 a year post was intense, especially from former California Assemblymember Catharine Baker of Dublin, who, even though she resides in Alameda County, said she “held the keys” to a residence in Contra Costa County that would help her meet the residency requirement by the February 4th date when Supervisors are expected to officially approve the finalist.

“I’d bring a sense of transparency to the office,” said Baker, who ran into a rough patch of questions from District 1 Supervisor John Gioia concerning her interpretation of the State Voter Identification Law. “I support the policy that requires voter ID,” Baker said. But Gioia responded “There is nothing in the voter ID law that discourages people from voting.”

Also in the competition for the top post were former El Cerrito Mayor Mark Friedman, who pledged to use his philanthropic fundraising skills to bolster the Clerk/Recorder Office’s functions; Deputy Registrar of Voters Scott Kopanaseke, who leveraged his extensive elections IT and cybersecurity expertise; and Lafayette resident Kristin Connelly, President and CEO of the East Bay Leadership Council, who said she has the leadership skills to bring changes to the department where voting at polls is on the decline while voting by mail is on the rise.

On the initial vote, District 4 Supervisor Karen Mitchoff, herself a candidate for the position until she withdrew her application on January 16, citing “personal reasons” for pulling out, sided with District 5 Supervisor Federal Glover to appoint Cooper to the post for the next three years. Both Glover and Mitchoff liked Cooper’s experience and knowledge of the department and what needs to be done immediately.

Supervisors Gioia and District 3 Supervisor Diane Burgis initially voted for Friedman and Board Chair Candace Andersen called former Assemblymember Baker “my first choice,” and described Koponaseke for “doing amazing things,” wound up voting for Cooper’s appointment as did Gioia and Burgis on a second vote.

Supervisors recognized the 400 county eligibility workers on Tuesday by designating January as Eligibility Workers Month in Contra Costa County. Eligibility workers assist receipients and prospective recipients eligible for a myriad of public assistance programs. Those programs include Medi-Cal, Welfare-to-Work, CalWorks, FosterCare, KinGap, and CalFresh. Photo by Daniel Borsuk.

Celebrate Martin Luther King Jr. Day

Bisa French, the interim Richmond Police Chief delivered a speech at the 42nd Annual Martin Luther King Jr. Celebration in the Contra Costa County Board of Supervisors chambers in Martinez on Tuesday.  French, a Richmond native, spoke about her experiences growing up in Richmond, her ordeal while undergoing police cadet training, and how she rose through the ranks to where she is today.  Also honored at the ceremony were Tamisha Walker, who is co-founder and executive director of the Safe Return Project, a Richmond organization invested in securing the freedom of formerly incarcerated individuals. Concord High School student Christina Mazzi, a 17-year-old Ugandan-American, founded ProjectWOC, an Instagram based community organization working to inspire the younger generation of girls of color. Christina has a 4.1 grade point average at Concord High School.

Make It Easier to Build Granny Units

In other business, supervisors adopted an overhauled ordinance to create regulations permitting procedures for accessory dwelling units and junior accessory dwelling units. The new ordinance puts the county ordinance in compliance with the state ordinance, Stanley Muraoka of the Contra Costa County Department of Conservation and Development said. The updated ADU ordinance aims to encourage residential property owners in unincorporated Contra Costa County to build ADU’s as the state undergoes an affordable housing crisis.

Among some of the changes are the elimination of requirements setting minimum lot size and maximum lot coverage. For the first time, junior ADU’s are permitted of up to 500 feet within an existing single-family dwelling and can be combined with or in addition to a regular detached ADU on the same lot.

Accept Grant for Sheriff-Coroner Forensic Unit

Supervisors also approved a Sheriff-Coroner Office’s consent item to accept a grant of $408,854 for the Sheriff’s Forensic Services Unit to buy a Liquid-Chromatography-Tandem Mass Spectrometry Instrument starting October 1. The LC-MS/MS will allow the Sheriff’s Office crime laboratory to provide more information on driving under the influence of drugs and drug facilitated sexual assault cases without the need of outside testing.

The Sheriff’s Office has seen an increase in the number of newer or “emerging drugs” inclusive of fentanyl analogs, designer benzodiazepines, synthetic cannabinoids and “bath salts.” A LC-MS/MS would aid the crime lab to increase the variety of drugs that can be tested and eventually provided the law enforcement and the District Attorney’s Office for prosecution purposes.

Allocate $1.2 Million for Walnut Creek Area Park Landscaping

Supervisors also approved allocations of $1.2 million in total Park Dedication Funds for landscaping projects at two public parks in the Walnut Creek area. The Public Works Department plans to spend $800,000 to install and maintain landscaping at Walden Green along a half-mile stretch of the Iron Horse Trail Corridor. The Public Works Department plans to spend $400,000 at Fox Creek Park, 118 Anthony Way, in Walnut Creek to upgrade the park by replacing some of the landscaping with more sustainable landscaping and increasing American with Disability Act accessibility.

Linked to two other robberies in Pleasant Hill and Martinez

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

On Tuesday, January 21, 2020, at about 11:07 AM, Valley Station Deputy Sheriffs were dispatched to the Union Bank on the 3100 block of Danville Boulevard in Alamo for a reported bank robbery. A woman apparently fled with some cash after threatening a bank teller.

Deputy Sheriffs, assisted by the Danville Police Department, immediately launched an investigation. The Crime Lab responded to the location.

During the investigation, 37-year-old Chelsea Michelle Smith of Fairfield, was identified as the suspect. Sheriff’s Office Detectives determined she was in the City of Fairfield and notified the Fairfield Police Department, which detained her.

Detectives later responded to Fairfield and arrested Smith who was then booked into the Martinez Detention Facility on a first degree robbery charge. She was being held in lieu of $100,000 bail. Smith has since bailed out.

Smith appears to be linked to two other robbery incidents that occurred in Contra Costa yesterday. One was in Pleasant Hill and the other was in Martinez.

The investigation is ongoing. Anyone with any information on this case is asked to contact the Sheriff’s Office Investigation Unit at (925) 313-2600. Tips could be emailed to: tips@so.cccounty.us or call (866) 846-3592 to leave an anonymous voice message.

Screenshot of KPIX CBS5 news report about the stand-off at a West Contra Costa County house on Wed., Jan 22, 2020.

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

On Tuesday, January 21, 2020, at about 8:43 PM, Bay Station Deputy Sheriffs were dispatched to a report of a person with a gun at a home on the 2400 block of O’Toole Way in the Tara Hills neighborhood near San Pablo in unincorporated Contra Costa County.

A person apparently brandished a weapon and possibly fired some shots. There were no injuries.

Deputy Sheriffs attempted to make contact with the person but were not able to. At about 11:30 PM, the Sheriff’s Office SWAT Team and negotiators responded to the location. According to a KPIX CBS5 news report, the deputies surrounded the home.

Negotiators continued trying to make contact with him. The SWAT Team later this morning entered the home and detained the man.

The 30-year-old resident is not being identified. He was later taken to the hospital for evaluation.

Allen Payton contributed to this report.

Daniel Joseph Feliciano. Photo by CCDA.

Defendant charged with creating video of sexual contact with nine-year old

OAKLAND – A federal grand jury indicted Daniel Joseph Feliciano charging him with producing and possessing child pornography, announced United States Attorney David L. Anderson and Homeland Security Investigations (HSI) San Francisco Special Agent in Charge Ryan L. Spradlin.

According to the indictment, Feliciano, 29, of Pleasant Hill, Calif., is alleged to have coerced a minor to engage in sexually explicit conduct in order to produce a visual depiction of the conduct.  Feliciano is also alleged to have knowingly possessed child pornography. (See related article).

According to a criminal complaint filed December 12, 2019, in connection with this case, this investigation began with a series of tips sent in October and December 2019 to the CyberTipline maintained by the National Center for Missing and Exploited Children (NCMEC).  The tips, referred to as CyberTips by the NCMEC, contained reports from internet service providers to NCMEC as well as the actual files from the accounts being reported.  Investigators from the Silicon Valley Internet Crimes Against Children Task Force traced the files, that included depictions of minors engaged in sexually explicit conduct, to an email account and an IP address in defendant’s name.

According to the complaint, the first CyberTip came from Dropbox in October 2019.  It contained a report and approximately 182 files, including three videos of prepubescent girls engaged in sexually explicit conduct.  Investigators discovered that the last IP address used to access the account could be traced to Feliciano.

In December 2019, several CyberTips alerted NCMEC regarding child pornography stored in a Google account.  The files included two videos of a 9- to 10-year-old child engaged in sexually explicit conduct.  Investigators traced the Google account and the videos to Feliciano.

The indictment charges Feliciano with one count of production of child pornography, in violation of 18 U.S.C. § 2251(a), and one count of possession of child pornography, in violation of 18 U.S.C. § 2251(a)(4)(B) and (b)(2).

Feliciano is next scheduled to appear on February 18, 2020, at 1 p.m. before the Hon. Jeffrey S. White, U.S. District Judge.

An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt.  If convicted on the production of child pornography charge, the defendant faces a maximum sentence of 30 years imprisonment, a minimum sentence of 15 years, five years to a life term supervised release, a fine of $250,000, a special assessment of $5,100, criminal forfeiture, and restitution.  If convicted on the possession of child pornography charge, the defendant faces a maximum sentence of 20 years imprisonment, five years to a life term supervised release, a fine of $250,000, a special assessment of $5,100, criminal forfeiture, and restitution.  However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

Suspected child sexual exploitation may be reported to the National Center for Missing & Exploited Children, via its toll-free 24-hour hotline, 1-800-843-5678.  Indeed, a NCMEC tip led to the investigation in this case.

Assistant U.S. Attorney Jonathan Lee is prosecuting the case with the assistance of Kay Konopaske and Kathleen Turner.  The prosecution is the result of an investigation by the HSI, the Silicon Valley Internet Crimes Against Children Task Force, and the Pleasant Hill Police Department.

Nicholas King Beyer from his Facebook page.

Lied about medical condition

SAN FRANCISCO – Nicholas King Beyer was convicted in United States District Court today of making false statements to the Federal Aviation Administration (FAA) on pilot medical certification forms, announced United States Attorney David L. Anderson; U.S. Department of Veterans Affairs Office of Inspector General, Criminal Investigations Division, Special Agent in Charge James Wahleithner; and U.S. Department of Transportation Office of Inspector General Regional Acting Special Agent in Charge Susan Ocampo.  The verdict was handed down today following a half-day bench trial before the Honorable Charles R. Breyer, U.S. District Judge.

Judge Breyer found Beyer, 34, of Discovery Bay, Calif., guilty on two counts of making false statements to the FAA, in violation of 18 U.S.C. § 1001(a)(2), and two counts of falsifying, concealing, or covering up material facts by trick, scheme, or device, in violation of 18 U.S.C. § 1001(a)(1).

According to his Facebook page, Beyer is a flight instructor at SkyView Aviation, LLC, worked at USS Harry S. Truman, is a former ABH at United States Navy and former Navy firefighter at NALF Fentress, studies at ATP Flight School and at Embry-Riddle Aeronautical University, and attended Liberty High School in Brentwood, CA.

Evidence at trial showed that Beyer made false statements on applications for an airman medical certificate, FAA Form 8500-8, which he submitted to the FAA in 2016, and again in 2018.  The FAA’s airman medical certificate process is the mechanism by which the FAA evaluates whether pilots are mentally and physically fit to fly.  The evidence showed that Beyer falsely stated on both of his Form 8500-8s that he had never been diagnosed with, did not have, and had never had a mental disorder of any sort; when in fact Beyer had been diagnosed with Major Depressive Disorder by the Department of Veterans Affairs (VA) in 2016.  The evidence also showed that Beyer falsely stated on the forms that he was only receiving disability benefits for knee and back injuries from the VA, when he was also receiving disability benefits for Major Depressive Disorder.

A federal grand jury indicted Beyer on August 23, 2018, charging him with two counts of making false statements to the FAA, in violation of 18 U.S.C. § 1001(a)(2), and two counts of falsifying, concealing, or covering up material facts by trick, scheme, or device, in violation of 18 U.S.C. § 1001(a)(1).  Judge Breyer convicted Beyer on all four counts.

Judge Breyer scheduled the defendant’s sentencing hearing for April 22, 2020.

Beyer faces maximum statutory penalties of five (5) years imprisonment and a fine of $250,000, plus restitution for each violation of 18 U.S.C. § 1001(a)(2) and each violation of 18 U.S.C. § 1001(a)(1).  However, any sentence will be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

Special Assistant U.S. Attorney Alexandra Shepard and Assistant U.S. Attorney David Ward are prosecuting the case with the assistance of Hector Lopez.  The prosecution is the result of an investigation by the Department of Transportation Office of Inspector General and the Department of Veterans Affairs, Office of Inspector General.

Allen Payton contributed to this report.

Contra Costa County voters can watch local “Election Preview” forums on CCTV and the Contra Costa Television YouTube Channel beginning Tuesday, January 21, 2020 at 6:00 p.m. through Election Day. This programming offers Contra Costa voters a chance to be informed on candidates and issues before casting their ballots.

Bob Butler, KCBS reporter, is the moderator for the Measure J, State Assembly District 14 and County Supervisorial District 5 forums.

KTVU’s Claudine Wong will serve as moderator for races including State Assembly Districts 15 and 16, State Senate District 7, and County Supervisorial District 3.

The broadcasts will air on Contra Costa Television (CCTV), Comcast Channel 27, Astound Channel 32, and AT&T U-verse Channel 99. They will also live stream on the County website at www.contracosta.ca.gov. Contra Costa County Elections Division partners with the County’s Office of Communications & Media and Contra Costa Television (CCTV), the League of Women Voters of Diablo Valley, and the League of Women Voters of West Contra Costa.

More information about “Election Preview” is available on the Elections Division website at www.cocovote.us/Election-Preview and the County’s website at www.contracosta.ca.gov/7097.

For the sixth consecutive year, the East Bay Regional Park District will host two Youth Job Fairs designed to raise awareness of employment opportunities for youth in the East Bay. The fairs are scheduled in Hayward on Saturday, January 25, 2020, and in Pleasant Hill on Saturday, February 1, 2020. Both events offer attendees an opportunity to learn about the specific Park District jobs available and interact with current employees to get insight into what it’s like to work for the Park District. Positions include: Interpretive Student Aides, Public Safety Student Aides, Recreation Leaders, Lifeguards, Gate Attendants, Park Services Attendants, Student Laborers, Field Interns, and Interns.

The Youth Job Fairs also include general information sessions on resume writing, application submittal, and job interviewing for youth looking to enter the workforce, whether at the Park District or elsewhere.

The East Bay Regional Park District is the largest employer of youth in the East Bay, hiring over 400 Bay Area youth each year to work in the District’s 73 regional parks and ten visitor centers. The Youth Job Fairs are key to filling seasonal summer positions, especially Recreation Leaders and Lifeguards.

2020 Youth Job Fair Details

The East Bay Regional Park District is a system of beautiful public parks and trails in Alameda and Contra Costa counties east of San Francisco Bay, established in 1934. The system comprises 121,000 acres in 73 parks including over1,250 miles of trails for hiking, biking, horseback riding, and nature learning.

By Allen Payton

About 5:40 p.m. officers were dispatched to a welfare check for a man standing in the middle of the road holding two suitcases in his hands, causing traffic to drive around him, according to Oakley Police Sergeant Rick Grubaugh.

When the officers arrived, “the subject immediately punched one officer in the face a couple of times,” he stated. “That turned into a 700-foot chase on Delta Road, which ended at Elvis (Lane). The first officer had tazed the suspect and the second officer tazed him a second time.”

A couple other officers arrived on the scene, Sgt. Grubaugh continued.

“We believe, due to a mental health condition, the man put up a struggle before officers were able to bring him into custody,” he said. “Delta Road was closed, and it took about 30 minutes to clear the scene.”

According to a witness, who lives in Knightsen and was on his way home at the time, about 10 police cars and multiple ambulances were on the scene and Delta Road was closed between Brentwood Blvd. and Sellers Road.

“Both the suspect and the officers were treated at the scene,” Grubaugh shared. “Then both officers were transported to John Muir Walnut Creek. The suspect was seen at Contra Costa Regional Medical Center in Martinez and then booked at the county jail.”

WALNUT CREEK – The debate between the Beatles and the Rolling Stones has been going on ever since they first crossed paths on the charts 54 years ago. The argument at the time, and one that still persists, was that the Beatles were a pop group and the Stones were a rock band: the boys next door vs. the bad boys of rock. So who’s better? These two legendary bands will engage in an on-stage, throw down – a musical ‘showdown’ if you will – on February 17 at the Lesher Center courtesy of tribute bands Abbey Road and Satisfaction – The International Rolling Stones Show. The Abbey Road band has performed to capacity audiences at the Lesher Center in the In My Life – A Musical Theatre Tribute to the Beatles production.

Taking the side of the Fab Four is Abbey Road, one of the county’s top Beatles tribute bands. With brilliant musicianship and authentic costumes and gear, Abbey Road plays beloved songs spanning the Beatles’ career. They face off against renowned Stones tribute band Satisfaction – The International Rolling Stones Show, who offer a faithful rendition of the music and style of Mick Jagger, Keith Richards and the bad boys of the British Invasion.

Where did the idea for the show come from?

“Music fans never had a chance to see the Beatles and the Rolling Stones perform on the same marquee,” said Chris Legrand, who plays “Mick Jagger” in the show.

“Now, music aficionados can watch this debate play out on stage.”

The Walnut Creek show is part of a 125-stop tour of the U.S., Australia and Canada and has been touring since 2011.The show also performs long term residencies for a number of the Harrah’s Casino properties. The production includes some of the more popular songs from the two rock pioneers and covers the scope of their musical careers, although the set list for Satisfaction usually includes Rolling Stones songs up to the 1980s.

“They certainly have more pop songs but we’re a really great live show. The fans are in for an incredible night of music,” says LeGrand.

During the two-hour show, the bands perform three sets each, trading places in quick set changes and ending the night with an all-out encore involving both bands. The band members have their outfits custom-made, since avid fans know exactly what the Beatles and Stones wore onstage during different time periods in their careers. There’s a lot of good-natured jabbing between the bands as well.

“Without Beatlemania, the Stones might still be a cover band in London,” said Chris Overall, who plays “Paul”.

“There’s no question that the Beatles set the standard.”

The audience naturally enjoys top shelf tributes to two legendary bands in the same evening. Like The Idaho Statesman said: “If you see only one tribute show, see this one…smart and loads of fun.”

“It’s just a fun time and a cool back-and-forth nonstop show,” Overall said.

“We’re going to bring it all. It’s going to be an evening of high-energy music,” said LeGrand.

Calendar: Beatles vs. Stones – A Musical Showdown comes to the Lesher Center for the Arts on Monday, February 17 at 7:30 pm. Tickets are $45/$55/$65 and may be purchased at the Center Ticket Office, by phone at 925.943.7469 or online at www.lesherartscenter.org. The Center Ticket Office is located adjacent to the main entrance of the Walnut Creek Lesher Center for the Arts at 1601 Civic Drive. The show is appropriate for all ages.