Contra Costa Herald

Branded victim with initial of his nickname

Aleem Niweigha. Photo from his Facebook page posted on June 29, 2015.

By Scott Alonso, Public Information Officer, Contra Costa County District Attorney’s Office

On June 28, a Contra Costa County jury found defendant Aleem Niweigha guilty of three felony counts for torturing his victim by making her strip naked and repeatedly burning his victim with scalding hot water and metal objects he heated on their stove. The defendant also branded the letter “Z” onto her back and violently sexually assaulted her.

Niweigha now faces a sentence of 39 years to life in State Prison. The District Attorney’s Office wants to thank the jury for their work on this domestic violence case. The victim, Jane Doe, suffered immense emotional and physical harm at the hands of Niweigha.

Contra Costa County Deputy District Attorney Nichelle Holmes prosecuted the case on behalf of the People. The jury trial lasted ten days before the Honorable Charles Burch in Department 23 at the Martinez Superior Court. Sentencing for the defendant will occur on July 13.

“Jane Doe displayed tremendous courage by coming forward and confronting her abuser when she took the stand and testified against him. She disclosed extreme physical and psychological torture the hands of the defendant that lasted for years. During this process, we watched Jane Doe transform from a victim to a survivor,” said DDA Holmes. Holmes is a prosecutor in the Community Violence Reduction Unit. She also served as a prosecutor in the Domestic Violence Unit for four years and was the first prosecutor to be co-located at the Richmond Family Justice Center.

In the spring of 2015, a friend of Jane Doe’s called Children and Family Services’ emergency hotline to report concerns about the wellbeing of Jane Doe and her children. In an investigation that also included the Richmond Police Department, significant burns were discovered on Jane Doe’s face, neck and arms. Officials later discovered that Jane Doe had burn marks covering most of her body and a large initial “Z” branded onto her back.

Jane Doe later disclosed that while they lived together, Niweigha repeatedly used boiling hot water mixed with peanut butter and oil to burn her. Before he threw the boiling water on Jane Doe, Niweigha would order Jane Doe to take off her clothes and remain naked while she was burned. Niweigha mixed the hot scalding water with these ingredients to ensure they stuck on Jane Doe’s body. Jane Doe suffered immense burns from her face down to her knees.

In addition, Niweigha used a metal pipe that was heated on the stove to burn the initial “Z” on Jane Doe’s back against her will while she was restrained on his lap. Niweigha’s nickname was “Zeem.” He also burned her with a heated metal screw attached to a stick. On Mother’s Day, Niweigha committed a violent sexual assault against Jane Doe, which resulted in her hospitalization for two days.

Jane Doe was able to obtain services and support from the Family Justice Center. All victims of interpersonal violence (domestic violence, sexual assault, human trafficking, elder/dependent adult abuse and child abuse) can get help by visiting the Family Justice Centers in Richmond (256 24th St.) or Concord (2151 Salvio St., Ste. 201). DA Holmes believes that it was with this support that Jane Doe was finally able to disclose the full magnitude of the abuse she suffered to Richmond Police Detectives co-located there and break free from the cycle of domestic abuse. Law enforcement officials, Contra Costa County Children and Family Services Division and the District Attorney’s Office were then able to make a case against Niweigha and hold him accountable for these crimes. The District Attorney’s Victim-Witness Assistance Center continues to provide services to Jane Doe and her children.

If you or someone you know has been affected by interpersonal violence – get help by reporting the abuse to police, by calling the STAND! for Families Free of Violence 24-hour toll free crisis line at 1-888-215-5555 or visiting the Family Justice Centers in Richmond (256 24th St.) or Concord (2151 Salvio St., Ste. 201). In an emergency, always call 911.

The complete list of charges and enhancements against the defendant are as follows:

• Count 1, Torture
• Count 2, Aggravated Mayhem
• Count 3, Sexual Penetration by Foreign Object
• Enhancement 1, Special Allegation-Great Bodily Injury
• Enhancement 2, Special Allegation-Aggravated Circumstances

Case information: People v. Aleem Niweigha, Docket Number 05-160618-5.

Report cover from BART.

The first year of BART’s Measure RR Bond-funded rebuilding work is already paying off for our riders. BART’s on-time performance rate has increased to 93.6%. That’s BART’s highest on-time rate in four years and is thanks in part to the infrastructure improvements supported by RR along with several years of greater attention to incident management, quality maintenance, and system rehabilitation.  As we roll out more projects, we anticipate the on-time performance to improve exponentially.

Measure RR Spending and Projects

So far, BART has spent nearly $70 million from the $3.5 billion bond measure passed by voters in November 2016. Based on performance to date, the projects that are underway are on time and on budget.  Much of the initial effort has been heavily focused on engineering and issuing the first installment of bonds worth $300 million.  This early work isn’t very visible to the public but that will soon change.  The year ahead will bring the launch of multi-year projects that include new escalators and modernized stations that will have a big impact on our riders.  We will also continue to perform behind-the-scenes infrastructure upgrades that will further boost our reliability.  Staying one step ahead of maintenance troubles is at the heart of RR.

The Measure RR Bond Oversight Committee is keeping track of how funds are spent. The Committee’s mandate is to provide diligent oversight that all spending is authorized and that projects are completed in a timely, cost-effective, and high-quality manner. The Bond Oversight Committee is made up of community members with expertise in different disciplines from finance to engineering to project management.

Today, the BART Board of Directors is acknowledging the work of this volunteer committee and receiving its first annual report.  Click here to dig into the report and all its details.

All three Contra Costa Community College District (District) colleges have been recognized by the California Community Colleges Chancellor’s Office as Strong Workforce Stars. Contra Costa College, Diablo Valley College and Los Medanos College all had career education programs recognized as Strong Workforce Stars.

California Community Colleges Strong Workforce Stars is a leg of the state’s Strong Workforce Program aimed at recognizing and celebrating colleges’ career education programs whose students show significant gains in three key areas identified as essential for advancing social mobility: substantial increase in earnings, attainment of a living wage and employment in a job related to their field of study.

“At the Contra Costa Community College District, one of our main goals is to provide superior educational programs that lead to career ladder opportunities for our students. This recognition for our colleges affirms that what we collectively are doing yields successful outcomes,” explained Drew Douglass, Senior Dean of Workforce and Economic Development. “We have dedicated and passionate teams of faculty and staff that tirelessly and effectively serve our students. The fact that each of the colleges in the District received this level of recognition truly is a testament to that.”

“Strong Workforce Stars Career Education programs are proven to help Californians increase their earning power,” said Van Ton-Quinlivan, Executive Vice Chancellor for Workforce & Digital Futures at the California Community Colleges Chancellor’s Office. “With the introduction of levels this year, we are able to highlight those programs that are seeing significant results, as well as those that are on the rise toward even greater success.”

The Strong Workforce Program is sustained by an annual recurring investment of $200 million in order to improve and increase career education outcomes in California Community Colleges. Now in its second year, Strong Workforce Stars receive awards in three categories: Gold Stars for graduates who achieved strong outcomes in all three key areas; Silver Star for graduates who demonstrated strong outcomes in two key areas; and Bronze Star for graduates who met a high bar in one key area. To see which college programs received gold, silver and bronze stars and to explore a list of all career education programs available, please visit our college websites:

Contra Costa College: https://www.contracosta.edu/career-education/

Diablo Valley College: https://www.dvc.edu/academics/programs.html

Los Medanos College: http://www.losmedanos.edu/cte/

For more information about the Strong Workforce Stars Program, visit http://www.dwmshowcase.com/workforce_stars.asp.

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

At about 8:00 a.m. Wednesday morning, Deputy Sheriffs were dispatched to the 5500 block of Arcadia Circle in Discovery Bay for report of a woman who was being attacked by her own dog.

When Deputies arrived, the victim, who had severe bite wounds in several areas on her body, was on the ground being assisted by neighbors. The dog ran off before Deputies arrived.

The dog later returned. Deputies attempted to corral the dog. Because of the dog’s earlier attack and because it moved toward bystanders, a deputy was forced to shoot the dog, which died.

Because of the nature of her injuries, the victim was taken to a local hospital by helicopter. She is said to be in stable condition.

Contra Costa County Animal Services is following up on this incident and will be looking at what led up to the dog attack.

Terry Amons in July, 2017 from his Facebook profile.

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

Sheriff-Coroner David O. Livingston announced that a Coroner’s jury has reached a finding in the January 12, 2018 death of Terry Dean Amons Jr. who was shot by Pittsburg Police. The finding of the jury is that the death is “at the hands of another person, other than by accident.” See related Antioch Herald article.)

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

A Coroner’s inquest, which Sheriff-Coroner Livingston convenes in fatal incidents involving peace 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.

See a KRON4 news report about Amons’ death.

Allen Payton contributed to this report.

Rep. Mark DeSaulnier

Washington, DC – Today, Wednesday, June 27, 2018, Congressman Mark DeSaulnier (CA-11) issued the following statement in response to news that the U.S. Department of Homeland Security confirmed that it will not be moving forward with a detention center at the Concord Naval Weapons Station.

“I am pleased the effort to turn Concord Naval Weapons Station into a detention facility has been halted. As we advised the Administration, the Concord Naval Weapons Station is an unsafe and inhabitable environment, and to propose housing almost 50,000 people there was both dangerous and immoral. We fought this proposal along with our local officials and dedicated community and will continue to fight against the inhumane and unjust policies proposed by this Administration. It is important not to let our guard down as one tweet can change things.”

Congressman DeSaulnier voiced concerns to the Administration about creating a detention facility on Concord Naval Weapons Station and led an effort of California Members in asking for the release of a proposal identifying Concord Naval Weapons Station as a possible detention site. News of Concord making the list of proposed facilities first broke in Time Magazine and Congressman DeSaulnier immediately contacted local officials to work with them to fight this effort. He also held a Facebook town hall to answer questions from area residents.

Mitchoff calls for calm over proposed Concord detention center

By Daniel Borsuk

Contra Costa County voters will get a crack at voting on a tax measure in November on how much the county should tax commercial cannabis enterprises, now that the board of supervisors unanimously approved an ordinance establishing zoning regulations for the cultivation, distribution and selling of recreational marijuana in most of unincorporated Contra Costa County.

Six areas where cannabis enterprises would be prohibited from setting up shop include Bethel Island, Sandamound Slough, Contra Costa Centre, Acalanes Ridge, Saranap and Alamo.  During the proposed ordinance’s public hearing process there was community protests especially from Alamo residents opposed to the establishment of commercial cannabis enterprises in their community mostly for public safety concerns.

Supervisors will consider proposed tax and health ordinances linked to the commercial cannabis ordinance at their July 10 meeting.

While the commercial cannabis ordinance charts regulations established in the Framework for Regulating Cannabis in the Unincorporated Area of Contra Costa County that supervisors approved in April, at Tuesday’s meeting supervisors were more focused on how the cannabis growers can conserve water, especially underground water, for a crop known to require high volumes of water to grow at a time California seems to permanently undergo drought conditions.

As a last-minute change, supervisors were handed an alternative water service plan provided by county planner Ruben Hernandez.  This water service alternative earned the stamp of approval from supervisors and establishes rules on how commercial cannabis cultivation operations can use groundwater but must comply with regulations aimed at conserving groundwater.  For instance, a commercial cultivation business could pump groundwater when “the retail water supplier does not provide retail water service at all times during the year.”

All five supervisors signed on and supported the water service alternative even though one prospective cannabis cultivator, Israel Martinez, a Brentwood farmer, said the county’s proposed groundwater revised rules are “too restrictive” and he said he supported the earlier Planning Commission’s groundwater rules because “cannabis uses a minor amount of water.”

“I don’t support any water alternative.” said East county rancher Eric Thomas.  “I’d like to see a cap on cannabis cultivation.  This does not use any water recapture.  Why not truck in water? You can recapture as much as 90 percent of the water used,” Thomas said.

All five supervisors approved the groundwater use alternative presented by the Department of Conservation and Development and therefore they unanimously approved the commercial cannabis ordinance.

“This is not the gold rush or green rush, but there is a significant investment that’s involved in establishing these types of businesses.” remarked Supervisor Diane Burgis whose rural oriented District 3 in East County, would be a big beneficiary of the potential new cannabis ordinance should it go into effect.

Supervisor Federal Glover of Pittsburg, Supervisor Candance Andersen of Alamo, and Supervisor John Gioia of Richmond were willing to move forward on approving the commercial cannabis ordinance and accept the Department of Conservation and Development’s last-minute groundwater use proposal.

Board chair Karen Mitchoff also joined the other supervisors even though initially she preferred to wait and find out what state legislators were going to do about proposed legislation that would change the way county tax measures are passed either by a two-thirds vote or a majority vote.

Glover Unveils Keller Canyon Landfill Investigation Funding Source

Supervisor Glover announced that he has identified funds in the Keller Canyon Mitigation Fund, a fund used for an assortment of community activities in the Pittsburg and Bay Point area, to be spent for the county’s investigation into findings that there have been illegal deliveries and deposits of radioactive debris from the Hunters Point Naval Shipyard.  A price tag has not yet been disclosed for the investigation.

The mitigation fund that landfill operator Republic Services finances will spend the money associated with covering costs of hiring a specialist to conduct an independent investigation into whether there were more than two documented cases where debris from the Hunters Point Naval Shipyard wound up at the landfill off of Baily Road.

Mitchoff Calls For Calm Over Concord Naval Weapons Station Use

Board Chair Mitchoff urged citizens to refrain from protesting at the Concord Naval Weapons Station, a site that the Trump Administration plans to house detained immigrants.  Should the President’s plans materialize at the closed weapons base, the government plans to spend as much as $233 million to construct housing for detained immigrants, U.S. Congressman Mark DeSaulnier (D-Concord) first disclosed the Administration’s plans last week.

The Navy has refused to disclose whether there are any plans to house as many as 47,000 detained immigrants at the closed military base.

“I specifically ask that no one march or protest,” Mitchoff said. “This may convey the wrong message to the Administration in Washington.”

Other than a protest planned in El Cerrito later this week, no protests have yet been planned at the shuttered weapons station.

$300,000 Contract Awarded from Animal Benefit Fund

On a 5-0 vote, supervisors approved a $300,000 contract to Unconditional Dog to provide animal enrichment services to dogs at the Pinole and Martinez animal shelters, but supervisors pulled the consent item for discussion because of concern over the Oakland-based company’s practices and whether County Animal Services will be accountable.

“I do support Ms. (Beth) Ward’s efforts, but the point is we need accountability,” said Dee Good.  “There should be some accountability.”

Another animal shelter observer, Carol Mason, also said the Unconditional Dog contract lacks accountability. “What kind of accountability is there at the shelters? Accountability is still important.”

Ward told supervisors her department awarded a three-month contract to Unconditional Dog in April to see if the company’s animal enrichment program does a better job in taming difficult dogs and thereby driving up the animal adoption rate at shelters.  Ward said the trial program showed some progress.

The Animal Benefit Fund will cover the contract costs.  No public funds are involved in the contract.

Supervisors asked that Ward give a report on the Unconditional Dog program in March 2019.

Emergency council meeting to be held today at 1:00 p.m.

The former Concord Naval Weapons Station. Photo by Concordreuseproject.org

Mayor Birsan

By Allen Payton

On Monday, Concord Mayor Edi Birsan sent a letter to Secretary of the Navy Richard Spencer outlining his opposition to a proposed detention center at the former Concord Naval Weapons Station for as many as 47,000 illegal immigrants, who will be housed there pending their court dates. (See related article.)

Birsan reminded Spencer of Concord’s work “with the Navy for the last 12 years” and spending “millions of tax payers dollars (both federal and local) in negotiations for the sale of the property.” The city has plans for as many as 12,000 homes on the land south of Highway 4.
He also pointed out the challenges with environmental cleanup of the former nuclear weapons that were stored at the site.

An emergency meeting of the Concord City Council has been called for 1:00 p.m., today in the Council Chambers at 1950 Parkside Drive.

Following is the complete letter from Birsan:

June 25, 2018

The Honorable Richard Spencer
Secretary of the Navy
1000 Navy Pentagon
Washington, DC 20350-1000

Dear Mr. Secretary,

On behalf of the Concord Community, Concord City Council and Local Reuse Authority, and as Mayor of the City of Concord, I am requesting your assistance in obtaining factual information regarding a draft Navy memo reportedly considering the placement of a detention center housing more than 47,000 immigrants at the former Concord Naval Weapons Station (CNWS). Concord residents and leaders have numerous questions about the detention center proposal and we would welcome you or an authorized representative to come to a City Council meeting to clarify the situation, including the decision making process, current status and timing.

The City of Concord has worked in partnership with the Navy for the last 12 years through the BRAC process and spent millions of tax payers dollars (both federal and local) in negotiations for the sale of the property, planning for the site, and environmental permitting and remediation of the site. Our current negotiations with Navy staff anticipate first transfers of property over the next few months. Property that is not being transferred in the first transfers lack clearance from the federal government as “suitable” for transfer, which means that these lands are not suitable for public habitation either.

The CNWS is neither rural nor remote, rather it is directly adjacent to existing Concord neighborhoods and the largest active Army ammunition and explosives depot at Military Ocean Terminal Concord (MOTCO) on the West Coast.

Below, I’ve outlined these concerns a bit more.

Basic Concerns
• The location of the CNWS directly adjacent to our residential community and to MOTCO.
• Significant acreage within the CNWS is still undergoing assessment and clean-up of Navy contamination and is not suitable for transfer nor human occupation.
• The City and the Navy have been working together over the last 12-years through the BRAC process and we are within months of transferring property to the City and the East Bay Regional Parks District for development of parkland and housing and commercial uses.
• The CNWS currently has no useful infrastructure to provide water, sewer, or electricity.

These concerns, individually and collectively, make the CNWS unsuitable for consideration as a detention facility.

BRAC Process and Property Transfer

Over 12 years ago the City of Concord was designated as the Local Reuse Authority (LRA) under the Base Realignment and Closure Act (BRAC) and began a partnership with the Navy to facilitate the transfer and redevelopment of the CNWS. This partnership has spent millions of local and Federal taxpayers’ dollars to engage the local community in a vision for the project; prepare the necessary environmental assessments, pursue the required resource agency permits; and secure a Master Developer willing to plan and finance the creation of jobs and housing at the site. To now withdraw from that process and shift to a transfer enabling a detention center would negate all those honorable efforts and reflect poorly on future negotiations here and elsewhere for the Navy.

Concord’s Historic Background

This July 4th Concord will be also celebrating the 150th anniversary of its founding. When the nearby town was totally destroyed by the Hayward Fault earthquake, Don Salvio Pacheco and his Mexican-American family initiated the plans for the city, and gave their land away for a $1 to the survivors and refugees of the destroyed town so that they may build together a new community which the people quickly called Concord, as in living in concordance with one another.

Future Collaboration and Information Sharing

Concord residents would appreciate any information the Navy can provide us with regards to the draft memo identifying the CNWS as a potential detention center or future considerations of this concept. We have appreciated the Navy’s close collaboration with us on our efforts to plan for the reuse and redevelopment of the CNWS. Clearly, we do not think the CNWS is an appropriate location for a detention center and will gladly provide the federal government with any information they may require in this decision making process.

Thank you for your consideration on these matters. I repeat, again, our offer for you or your authorized representative to come to the City Council and explain in detail where the Navy intends to go in this regard.

Yours truly,

Edi Birsan
Mayor of the City of Concord, California.

Copy to:
Senator Dianne Feinstein
Senator Kamala Harris
Congressman Mark DeSaulnier
Assistant Secretary of the Navy Phyliss Bayer
State Senator Steve Glazer
State Assemblymember Tim Grayson
County Supervisor Karen Mitchoff
Concord City Council and Staff

Congressman Mark DeSaulnier (D-CA11) will host a Facebook Live Town Hall tomorrow, June 26th at 11:30 a.m. PST on immigration, the Trump Administration’s plan to house detained immigrants at the Concord Naval Weapons Station, and family separation.

To submit questions in advance, visit our event page and write them in the comments section.

Immigration Facebook Live Town Hall

Tuesday, June 26, 2018

11:30 a.m. to 12:30 p.m. PST

To participate please visit our Facebook page

By Daniel Borsuk

Some 400 Bay Point and Pittsburg residents exited a community meeting at Ambrose Community Center with more questions than answers Thursday night about stories that radioactive materials had been mistakenly delivered to the Keller Canyon Landfill, located in southeast Pittsburg off of Baily Road. (See related article).

With representatives from county, regional, and state agencies and the Navy in attendance, but no one on hand from TetraTec, the contractor responsible for the removal of nuclear waste material from the former shipyard, residents learned that TetraTec has rejected a request to pick up the bill to pay for an independent investigation into how radioactive material waste entered the landfill on at least two instances.

Those two documented instances where radioactive materials from the shipyard were delivered to the landfill included the January 2014 case when 42 trucks dumped tainted soil with elevated lead.  The case was not considered to be an RCRA hazardous waste situation.  “All contaminated soil was removed from Keller Canyon Landfill,” said    Scott Anderson a Deputy Base Closure Manager of the U.S. Navy Base Realignment. “The Navy wants the community to know that the public is safe.”

In another instance, February 2015, Anderson said the Navy cleaned up at Keller Canyon Landfill after 218 tons of radioactive asphalt that had been delivered to the landfill.   “All the asphalt plus 102 tons of dirt were removed,” he said.

Residents were uncomfortable with the responses that the Navy, and especially Rick King, general manager of Keller Canyon Landfill, offered.  King defended how the landfill properly screens trucks loads with debris from multiple departure points, including Hunters Point Naval Shipyard.

Some speakers like Jeanette Burgess questioned if the landfill operator rigged the monitors at the entrance to allow truck laden with radioactive materials to enter.   “I question your testers,” she said.

“I don’t know where you get your information,” rebutted King, who defended how the Republic Services Co. personnel monitors the testers and that they meet regulations.

Contra Costa County Environmental Health Director Marilyn Underwood said while there is the possibility Republic Services, operator of the Keller Canyon Landfill, might have to redraft an environmental impact report, she said the county is in the midst of searching for an independent consultant to assess the two documented events as well as other potential radioactive deliveries.

Supervisor Federal Glover, whose District 5 includes Keller Canyon Landfill, urged attendees to ask questions.  “Don’t leave here without asking your questions,” he said.  “We’re trying to get an independent investigation. We’re trying to get the information.”

Since TetraTec has refused to pick up the tab to pay for the independent investigation, Dr. Underwood of the county environmental health department said Supervisor Glover is looking into other potential sources to pay for the investigation.