Two-step process redacts identifying information as required by new state law
OAKLAND – California Attorney General Rob Bonta released Race-Blind Charging Guidelines that address the specific statutory requirements listed in Assembly Bill 2778 (D-McCarty) and Penal Code Section 741, as well as provide prosecutors practical guidance as to how to implement the requirements. The guidelines outline a new two-step process for evaluating charging, including how to redact identifying information, how to document charging decisions, when a crime is excluded from this process, and the requirements to collect and make available for research anonymous data. The guidelines are intended to help reduce the potential for unconscious bias to influence the initial charging decision in legal cases, in accordance with the spirit, law, and goals of PC 741.
“Unconscious bias has no place in the criminal justice system and should not play a role in charging,” Bonta said. “Unfortunately, we know the criminal justice system is not infallible and charging decisions are vulnerable to unconscious bias. This is a reality we cannot ignore and must work to correct. These guidelines will help prosecutors perform their duties in accordance with California law and most importantly, help promote a more fair and equitable charging process for all individuals.”
Studies have shown that unconscious bias may infect decisions within the criminal justice system, despite the best intentions of the parties involved. The guidelines will assist all California prosecution agencies in implementing this new process by January 1, 2025. It includes nine critical components to reduce unconscious bias:
- Redaction of Cases Received from Law Enforcement Agencies and Suspects Criminal History Documentation: Prosecution agencies are required to review initial charging decisions based on information, including police reports and suspect criminal history documentation, from which all direct means of identifying the race of suspect(s), victim(s), and witness(es) race is removed.
- Race-Blind Initial Charging:Prosecution agencies are required to follow a two-step process for charging cases: a “race-blind initial charging evaluation” based on redacted reports and then an “ordinary charging evaluation” based on the unredacted reports and all available evidence. The initial charge evaluation is intended to perform a gate-keeping and recording function prior to the actual charging process. It contemplates an initial evaluation on whether to file any charges, without specifying what charges might be filed. The more thorough second review will be used to determine individual charges or decide charges with certainty.
- Redaction Process for Initial Charging Evaluation:Each prosecution agency must create a redaction process for the materials used in the initial charging evaluation. It must be performed by personnel not association with evaluating or charging the case and may either be done manually or through automation as long as the process ensures correct redaction.
- Use of Artificial Intelligence (AI) Tools for Redaction:If an AI system is used, it must be validated before implementation that appropriate safeguards are in place to prevent unauthorized access to sensitive information.
- Second Review for Charging: After completion of the race-blind initial charging evaluations, the case shall proceed to a second, complete review for charging. This would include a review of unredacted reports and all available evidence, which may include additional materials, such as video footage, photographs, and complete witness statements, that reveals race but must be reviewed to assess whether the requisite elements have been met to warrant the filing of criminal charges. This is the “ordinary charging evaluation” and must be performed by the same prosecutors who performed the initial charging review.
- Documentation of Charging Decision: Prosecution agencies are required to follow a two-step process for charging cases: a “race-blind initial charging evaluation” based on redacted reports and then an “ordinary charging evaluation” based on the unredacted reports and all available evidence. The initial charge evaluation is intended to perform a gate-keeping and recording function prior to the actual charging process. It contemplates an initial evaluation on whether to file any charges, without specifying what charges might be filled. The more thorough second review will be used to determine individual charges or decide charges with certainty.
- Inability to Conduct Race-Blind Initial Charging Evaluation:If a prosecution agency was unable to put a case through a race-blind initial charging evaluation, the reason for that inability must be documented and retained by the agency.
- Collection of Data and Availability for Research Purposes: Each county in which a prosecution agency resides must, on a usual basis, collect the data resulting from the race-blind initial charging evaluation process, except as such information is protected by privilege including, but not limited to, that found in Penal Code section 1054.6. Each county must ensure that the data is collected, stored, and transmitted in a way appropriate to protect sensitive information.
- Exception to the Race-Blind Process: The prosecution agency may exclude the crimes listed at the Penal Code section 741, subdivision (c) from the race-blind charging process. Each prosecution agency may further remove or exclude certain classes of crimes or factual circumstances from a race-blind initial charging evaluation and shall keep a list of the exclusion and their reason for review.
Attorney General Bonta, is committed to fighting for racial justice. In May of 2021 he established the Racial Justice Bureau which, among other things, supports the California Department of Justice’s broader mandate to advance the civil rights of all Californians by assisting with new and ongoing efforts to combat hate and bias. This year, the Attorney General has also engaged with local leaders through roundtables through hate crime roundtables in Bakersfield, Fresno, Anaheim and Irvine.
More broadly, the Attorney General is deeply committed to responding to the needs of historically marginalized and underrepresented communities and, last year, also launched the Office of Community Awareness, Response, and Engagement to work directly with community organizations and members of the public as part of the effort to advance justice for all Californians.
A copy of the Guidelines can be found here.
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New flood-related regulations prioritize levee investments in the Delta and Suisun Marsh
By Delta Stewardship Council
SACRAMENTO – The new year has brought new flood protections for the Sacramento-San Joaquin Delta. The Delta Stewardship Council has successfully amended the Delta Levees Investment Strategy (DLIS), a tool the state uses to prioritize investments in Delta levee operations, maintenance and improvements, thus reducing the likelihood and consequences of levee failures.
The amendment assigns very high, high, or other priority to islands or tracts within the Delta and Suisun Marsh and directs the California Department of Water Resources (DWR) to fund levee improvement projects by order of priority. Additionally, it requires the DWR to submit an annual report to the Council describing Delta levee investments relative to the established priorities. The amended regulation took effect on January 1, 2024.
“Delta flood risk is one of the most urgent threats to California and will continue to worsen in the future with changes in sea levels and storm patterns,” says the Council’s Executive Officer Jessica R. Pearson. “Limited funding to address that risk demands clear priorities. The product of nearly a decade of public input and collaboration, the strategy represents one of the Council’s greatest milestone achievements.”
The amendment assigns very high, high, or other priority to islands or tracts within the Delta and Suisun Marsh and directs the California Department of Water Resources (DWR) to fund levee improvement projects by order of priority. Additionally, it requires the DWR to submit an annual report to the Council describing Delta levee investments relative to the established priorities.
![](http://contracostaherald.com/wp-content/uploads/2024/01/Levees-along-Dutch-Slough-05-18-2023-DSC-1024x767.jpg)
The Dutch Slough Tidal Marsh Restoration Project site, located in the Sacramento-San Joaquin Delta near Oakley, California.
The restoration project implemented by the California Department of Water Resources will restore 1,187 acres into a tidal marsh to provide habitat for salmon and other native fish and wildlife. Photo taken May 18, 2023, by Florence Low / California Department of Water Resources,
“Flood protection is a key piece of DWR’s work to increase water resilience as California moves toward a hotter, drier future,” says DWR Director Karla Nemeth. “DWR stands in partnership with the Delta Stewardship Council across multiple initiatives, including the Delta Levees Investment Strategy. These efforts will provide needed protections to the diverse communities that call the Delta home.”
The Delta’s 1,100 miles of levees provide protection for residences, agricultural lands, and infrastructure, which need deliberate and sustainable maintenance and funding. Many of the levees date back to when the Delta was reclaimed for agricultural purposes in the late 1800s.
The updated strategy prioritizes the protection of people, property, and state interests and advances statewide water supply reliability and Delta ecosystem resilience in a manner that protects and enhances the Delta as a place where people live, work, and recreate.
On September 21, 2023, the Office of Administrative Law approved the Council’s Administrative Procedure Act process to amend the California Code of Regulations, title 23, sections 5001 and 5012, to implement the Council’s Delta Levees Investment Strategy. The amended regulation took effect on January 1, 2024, and is available at on the Delta Levees Investment Strategy web page at deltacouncil.ca.gov/DLIS.
ABOUT THE COUNCIL
The Delta Stewardship Council was created by the California Legislature in 2009 to advance California’s water supply reliability and the Delta’s ecosystem resiliency in a manner that protects and enhances the region’s unique characteristics. It is composed of seven members, advised by an independent 10-member science board, and supported by a dedicated staff. For more information, visit the Council’s website at deltacouncil.ca.gov.
Community conversation moderated by Truth in Common founder, News Guard News Acting Director & Verification Editor
By Gail Murray
Are you feeling overwhelmed by the preponderance of mis- and dis-information, the role of AI and the potential effects on the 2024 election? Join a Community Conversation webinar on Thursday, January 18 from 4 p.m. to 5:30 p.m. titled “Mis/Dis-Information: How to Recognize and Respond to It” to learn how falsehoods spread and how we can avoid them.
The webinar will feature Deanna Troust, founder of Truth in Common, who will moderate the event. Troust will outline an approach for social change to address this pervasive issue. She will discuss recent research and skills to deepen our capacity for constructive civil discourse, based on her workshop series titled “Misinformation: How it Spreads and How to Avoid it.” Troust will be joined in the discussion by McKenzie Sadeghi, Acting Director and Verification Editor for News Guard News.
Register for the Zoom link here:
https://ccclib.bibliocommons.com/events/65833f5767e8ac3700b79931
Information on how to access the Zoom webinar will be sent to your email address 24 hours before the program. Audience questions will be collected and answered through the Zoom chat.
Community Conversations are sponsored by the League of Women Voters of Diablo Valley, the League of Women Voters of West Contra Costa County, CCTV, and the Contra Costa County Library.
The Library will provide closed captioning for this event and simultaneous Spanish translation. This program will be recorded and uploaded to the Library’s YouTube channel after the event.
Contact programs@lwvdv.org for more information.
Read More![](http://contracostaherald.com/wp-content/uploads/2024/01/Derailed-BART-train-01-01-24-ADPayton-3-1024x768.jpg)
Two cars of the eastbound Antioch line BART train derailed Monday morning, Jan. 1, 2024. Photo by Allen D. Payton
Crossed over to opposite track; some riders self-evacuated
By BART
While the investigation of the January 1, 2024, derailment and fire just east of the Orinda Station continues, BART is providing an update on what occurred and next steps.
Condition of track equipment
That section of track where the derailment occurred, including the interlocking, was recently replaced and was in good operating order. BART’s train control system is being modernized as part of implementing Communications Based Train Control, a major rebuilding project underway.
Timeline of What Happened
At 8:45am on Monday, January 1, 2024, the computer system that monitors and manages BART tracks experienced a localized loss in communication with a field device specific to an area near Orinda Station, including the track interlocking located between Orinda and Lafayette stations. When this occurs, the Operations Control Center does not receive a status indication of route alignments in the area and track positions cannot be controlled remotely. The computer and communication system fails in a safe mode and there are procedures in place to continue to provide train service while crews troubleshoot the loss of computer communication. The system had been operating at the start of revenue service and one train had already travelled eastbound through the area.
At 8:50am the Operations Control Center instructed the train operator of an approaching eight-car Antioch bound train to manually align the route at the interlocking. The route was to be straight through. The train operator left the cab to align the track route. PA announcements were made to riders on board about the delay. The train operator confirmed with the control center they had set the track for a straight through alignment. The control center instructed them to drive the train in manual mode through the area.
Once moving, the train operator reported to the control center the train was crossing over to the opposite track, which was not the correct alignment. In response the control center held all trains in the area and instructed the train operator to move from the Antioch end of the train to the SFO end of the train and to move the train in the SFO direction to clear the interlocking area of the track and correctly align the route for straight through movement. The train operator walked to the other end of the train and moved it in manual mode in the SFO direction. Two cars derailed under slow speed causing electrical arcing, smoke, and flames. Some riders immediately started to self-evacuate by using the emergency door release.
At 9:05am the train operator reported to the control center they believed the train had derailed. The train operator then began to sweep the train, walking through each car to tell people to evacuate. The operator reported the smoke and flames to the control center and advised that people had already started evacuating.
Orinda Police were first to arrive on scene and helped evacuate all riders safely and Orinda Fire Department extinguished the flames.
By 9:23am, the control center was told all riders on board, estimated to be about 100-150 people, had been safely evacuated from the train.
Next Steps
The investigation into the derailment continues. BART has 60 calendar days from the date of the incident to provide a report to the California Public Utilities Commission (CPUC). Until the CPUC accepts and closes the report, the incident is considered “under investigation”, until such time, the report is unavailable to the public.
1/2/24 4:45am Update: Normal Yellow line service will run today following overnight repairs and safety inspections. The headline for this story has been changed to reflect this update.
1/1/24 9:30pm Update:
The incident train is now moving towards the yard. Crews are working on repairs. We will be using our tamper vehicle to surface the track area, pounding down the rocks/ballast. The good news is there was no damage to track switches which would have required more extensive repairs.
The bus bridge will remain in effect through the end of service tonight. Crews will work to make repairs and inspect the tracks this evening and overnight. We hope for full normal service between Walnut Creek and Rockridge tomorrow.
7pm Update:
The crane has successfully re-railed both impacted cars. We will now couple the incident cars with others to tow them out of the way. Track crews have already begun making repairs to damaged sections of the track so we are hopeful to have, at minimum, single tracking train service through the area for morning service. It could be full normal service depending on progress made.
4:40pm Update:
The crane arrived on scene.
4pm Update:
The two lanes on Eastbound Highway 24 are now closed and crane is enroute for placement.
See remainder of timeline and more photos, here.
Allen D. Payton contributed to this report.
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On Monday, Jan. 8, at 7 p.m. (Pacific Time) the Veterans’ Voices show will host a live panel of experts to discuss the impact of the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act on the Veterans community. The PACT Act is perhaps the largest health care and benefit expansion in history and focuses on health care eligibility for Veterans with toxic exposures.
Guests will include Nevada County Veterans Service Officer David West and San Luis Obispo County Veterans Service Officer Morgan Boyd. Legal Expert and Veterans’ Advocate Jim Radogna will also appear. The live panel will answer viewer questions and help navigate Veterans through the important aspects of this groundbreaking legislation.
Viewers can share their own experiences or ask questions by calling the program at 925-313-1170. They can also use the phone number to record a message for the panel at any time prior to the show. Leave questions and comments at facebook.com/veteransvoices1 or email veteransvoices@contracostatv.org prior to or during the live television show. You can also view the show live via Zoom webinar; go to Zoom and use the Webinar ID 813 7282 1444.
The Veterans’ Voices program is broadcast live on Contra Costa Television (CCTV) on the second Monday of every month at 7 p.m. It can be seen live online at facebook.com/veteransvoices1. You can find an archive of past shows and show resources at https://contracosta.ca.gov/5163/Veterans-Voices or on our YouTube channel Veterans’ Voices of Contra Costa. The show is re-run multiple times on CCTV on Comcast Channel 27, Astound Channels 32 and 1027, and AT&T U-Verse Channel 99.
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![](http://contracostaherald.com/wp-content/uploads/2024/01/Police-stops-report-Policing-Project.jpg)
Photo: Policing Project
560 law enforcement agencies made 4,575,725 stops
Black individuals were searched at a rate 1.66 times the rate of White individuals
By California Attorney General’s Office
The California Racial and Identity Profiling Advisory Board (Board) today, Wednesday, Jan. 3, 2024, announced the release of its annual report on police stops across California. The report analyzes millions of vehicle and pedestrian stops conducted in 2022 by 560 law enforcement agencies in California — a major expansion from the 58 participating agencies in the previous report — under the Racial and Identity Profiling Act (RIPA). In addition to providing an in-depth look into policing in 2022, the Board’s report contains a wide array of best practice recommendations related to policing, with a particular focus on the impact of pretext stops, law enforcement interactions with youth, civilian complaint processes, police union effects on law enforcement accountability, and trainings on racial and identity profiling. Overall, the findings from the latest RIPA report are consistent with the disparities observed in prior years’ data with respect to perceived race, age, and disability status.
“California is leading the nation in identifying and addressing racial and identity profiling,” said Andrea Guerrero, Co-Chair of the RIPA Board and Executive Director of Alliance San Diego. “This report marks a major milestone as the first to include stop data from law enforcement agencies across the entire state. The scale of data that California is collecting allows us to say definitively that profiling exists — it is a pervasive pattern across the state. We must now turn to the hard work of ending profiling by bringing all the stakeholders to the table to ascertain and change the policies and the practices that enable it. I’m proud to work alongside community and law enforcement leaders on the RIPA Board who are having the tough conversations needed to bring about change. Public safety depends on all of us, and we invite all stakeholders to join the RIPA Board on our path to progress.”
“The annual collection of the RIPA stop data is making California communities safer by directing thoughtful and reflective reform,” said California Attorney General Rob Bonta. “Over the last several years, we’ve collected and analyzed information on more than 16 million police encounters in our state. In turn, with the support of our staff at the California Department of Justice, the RIPA Board has continued to issue key recommendations for our law enforcement agencies to promote transparency and take critical steps to enhance, and in some cases, repair the public trust.”
The information collected under RIPA includes data on peace officers’ perceptions of the demographics of stopped individuals, such as race or ethnicity, gender identity, sexual orientation, age, and disability. The Board collects this information to determine whether disparities can be found across demographic groups. The Board uses several well-established methodologies to analyze stop data to determine if bias may exist.
Some of the key findings from the Board’s report include:
- Number of Stops: A total of 4,575,725 stops were conducted by 560 agencies from January 1, 2022 to December 31, 2022.
- Population Comparison: Overall, the disparity between the proportion of stops and the proportion of residential population was greatest for Black individuals, who were stopped 131.5 % more frequently than expected.
- Search Rates: Black individuals were searched at a rate 1.66 times the rate of White individuals. Although stopped individuals perceived to be Black or Hispanic/Latino were searched at a higher rate relative to individuals perceived to be White, officers discovered contraband or evidence during stops in which they conducted searches at a lower rate for individuals perceived to be Black or Hispanic/Latino.
- Actions Taken: Officers reported not taking any reportable action during 75% of stops and taking actions during 25% of stops. Of all the racial or ethnic groups, stopped individuals whom officers perceived to be Native American had the highest rate of being searched (22.4%) and handcuffed (17.8%). Stopped individuals whom officers perceived to be Black had the highest rate of being detained curbside or in a patrol car (20.2%) and ordered to exit a vehicle (7.1%). Individuals perceived to be transgender men/boys also had actions taken towards them during half of their stops (50.0%).
In addition to the data analysis, the Board issues best practice recommendations that law enforcement agencies, the Legislature, local policymakers, the Commission on Peace Officer Standards and Training (POST), community members, and advocates should consider when implementing evidence-based and data-driven policy reforms geared to eliminate racial and identity profiling and improve law enforcement and community relations. Examples of the Board’s recommendations from the report include:
- Ending all pretextual stops and searches by taking actions such as ending consent or supervision searches as well as limiting law enforcement roll in the enforcement of traffic laws;
- Prohibiting the collection of field interview cards and entries into CalGang or any agency database in absence of an arrest;
- Adopting internal policies that prohibit law enforcement agencies and district attorneys from pursuing criminal charges for standalone resisting arrest without other citable offenses;
- Prioritizing a care-first model, reducing unnecessary criminal justice intervention or law enforcement response in favor of a community-based response for youth with disabilities and youth experiencing mental health crises;
- Considerations related to the efficacy of school police and law enforcement contacts, such as identifying specific student conduct or statutory violations that require disciplinary action that should be handled by school staff, and for which law enforcement officers should not be involved;
- Calling for further research on how Police Officer Bills of Rights and provisions or agreements with unions affect police accountability;
- Amending Penal Code section 832.5 to include a standardized definition of “civilian complaint”;
- Reviewing all available video footage and incorporating root cause analysis into complaint investigations; and
- Seeking community and Board input early in POST’s course development process and integrating feedback into the course curriculum before finalizing the course.
For more on RIPA and other criminal justice data, members of the public are encouraged to visit OpenJustice, a data-driven initiative that works to increase access to criminal justice data and support the development of public policy.
A copy of the report announced today is available here. More information about the Board is available here.
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To be honored during 30th Annual César E. Chávez Commemorative Celebration March 26; deadline Feb. 16
The Contra Costa County Board of Supervisors is now accepting nominations for the 2024 Contra Costa County Youth Hall of Fame Awards. These awards are presented annually to outstanding county residents between 12 and 18 years old.
Students will be recognized at the 30th Annual César E. Chávez Commemorative Celebration on Tuesday, March 26, 2024, at 11 am in Board Chambers at 1025 Escobar St. in Martinez. Community members can also join the event live on Contra Costa Television channels and the County’s website.
Nominees should demonstrate exemplary behavior in one of five categories:
- GoodSamaritan: Goes out of their way to do for others without seeking recognition
- Volunteerism:Lends a helping hand for the good of the community; Gives their time and energy to a worthy cause or organization
- Teamwork:Works unselfishly for the good of the team
- Leadershipand Civic Engagement: A natural leader who inspires others and works to make a difference in school and the community
- Perseverance:Has worked hard to overcome obstacles and achieve success
For more information and the application form to nominate youth in our community, visit Form Center • 2024 Contra Costa County Youth Hall of Fame Awards
We invite you to submit your nomination by completing the form and uploading it to the County website or emailing the application and your letter of recommendation to Lia Bristol at YouthNomination@dcd.cccounty.us.
Nominations must be received or postmarked by February 16, 2024. Recipients will be recognized at the March 26, 2024, Contra Costa County Board of Supervisors’ César E. Chávez Celebration.
Read MoreFree guidebooks and shirts while supplies last
Every year more than 10,000 people participate in this FREE self-guided hiking and bicycling program to explore the East Bay regional parks and to keep fit outdoors. Trails Challenge is made possible with the generosity of the Regional Parks Foundation and Kaiser Permanente, who have sponsored Trails Challenge since 2005.
For the past 31 years, the Park District has promoted healthy recreation and time in nature through its annual Trails Challenge program. The free program connects people to nature through hiking and biking by providing 20 designated trails ranging from easy to challenging. The Trails Challenge is part of the global Healthy Parks Healthy People (HPHP) movement that underscores the connection between a healthy green environment and community health.
The 2024 Guidebook includes 20 detailed trail descriptions available for all levels of fitness, from easy to challenging. There are trails open to hikers, bicyclists, dogs, and equestrians, and Trails Challenge 2024 offers increased accessibility with trails that have been evaluated and identified as usable by persons with mobility limitations (see pages 7-13).
To complete the challenge, hike five of the 20 trails, or 26.2 miles of trails within East Bay Regional Park District. You can submit your log, online or by mail, by December 1, 2024, and receive a commemorative pin, while supplies last.
All 20 featured trails are available on the AllTrails app. First download the free app, sign up and log in. Then go to www.alltrails.com/lists/ebrpd-trails-challenge-2024-01c6fc8 and click on “Copy to my lists”, followed by “Continue in App”. The featured trails will show under ‘Lists’ in ‘Saved’. The app indicates where you are on the trail, enabling easy return to the trail if you stray from it. You can also record your hikes and share your photos and comments with other park users.
Free Guidebooks & T-Shirts
FREE Trails Challenge 2024 Guidebooks and T-Shirts are available, while supplies last, at the following Visitor Centers: Big Break, Black Diamond Mines (Greathouse), Coyote Hills, Crab Cove, Del Valle, Sunol, and Tilden Environmental Education Center (T-shirts only). Limit one T-shirt per visitor present. Be sure to check open days and hours before heading out.
Del Valle Visitor Center remains closed, – check the Del Valle Facebook page for distribution updates.
Guidebooks (no T-Shirts) are also available at EBRPD Headquarters, 2950 Peralta Oaks Court, Oakland, CA 94605, for pickup during regular office hours.
Black Diamond Mines
Make sure to stop by our Greathouse Visitor Center at Black Diamond Mines Regional Perserve on a Friday (10am-2pm) or a Saturday/Sunday (10am-4pm) to pick up your new trails challenge booklet and shirt! New year, new trails to try out! Happy hiking! Or
Download: 2024 Trails Challenge Guidebook
Download: Easy Trail Maps | Moderate Trail Maps | Challenging Trail Maps
Download: Trails Challenge Log Form – Keep track of all of your hikes
Submit Online: Trails Challenge Log Form
Disclaimer
More Trails Challenge info can be found here: https://www.ebparks.org/trails-challenge
Read More![](http://contracostaherald.com/wp-content/uploads/2024/01/Bigge-Crane-prepares-to-remove-derailed-BART-car-01-01-24-ADPayton.jpg)
A Bigge company crane prepares to remove the derailed BART car from the tracks on Monday, Jan. 1, 2024. Photos by Allen D. Payton
Nine people transported to medical facilities for evaluation; large crane needed closes two Hwy 24 eastbound lanes; line between Walnut Creek and Rockridge Stations may not reopen by Tuesday morning
By Allen D. Payton
A partial derailment of a BART train between the Orinda and Lafayette stations that occurred shortly after 9:oo AM on Monday, Jan. 1, 2024, just outside the Orinda station stopped service on the Antioch line between Rockridge and Walnut Creek stations. A bus bridge provided by AC Transit is in place providing full bus service between Rockridge and Walnut Creek in both directions. Buses will make all station stops. Yellow line riders should expect major delays all day. Trains are turning around Rockridge and Walnut Creek. No other BART lines are impacted.
BART has learned from first responders that nine people were transported to medical facilities for evaluation.
From BART – Rolling Updates Based on Information we have:
BART Director Deb Allen, who was on the scene, explained what happened.
“The actual cause has not been determined,” she said. “We have fiber optic cables that run under the right-of-way. There’s an interlocking that has to change directions when a train comes out of the Orinda Station. The operator made an announcement that OCC (Operations Control Center) told the operator he had to get out of the train and manually change the interlocking. He does that then gets back in the train and starts moving the train forward. It was fortunate that it was moving from a dead stop. After the interlocking the train switched to the wrong track which resulted in the partial derailment. What caused it is under investigation.”
5:15 PM Update: Two inside eastbound lanes of Hwy 24 east of Orinda are closed for the crane to remove the derailed 65,000 lb. BART car.
4:40 PM Update: BART spokesman Jim Allison held a press conference in the Orinda Station parking lot providing an update to the progress on the train fire and partial derailment.
As he was speaking, a Bigge company crane arrived to move the derailed BART car. The operation should take about six hours, Allison said. But he couldn’t say if there will be BART service on the Antioch line in either direction between Walnut Creek and Rockridge Stations Tuesday morning. If not, hopefully bus service will continue.
In response to a reporter’s question, Allison said there had been upgrades to the interlocking.
According to a BART press release earlier this year, BART made major trackway repairs on the Yellow Line, which is the busiest in the BART system. Over Presidents Day weekend, February 18-20, 2023, BART crews worked around the clock to replace 7,350 feet of worn rail between the Rockridge and Lafayette stations.
3:15pm Update: BART is currently working with Caltrans to close two lanes of eastbound Highway 24 within in the next hour for a large crane that will position the incident BART train back in place. We do not have an ETA on how long it will take but will provide frequent updates on the process.
2pm Update: The derailment occurred at an interlocking located between the Orinda and Lafayette BART stations shortly after 9am. Just prior to the derailment, the train operator was instructed by the Operations Control Center to manually align the route at the interlocking because a signaling issue prevented the computer from doing it. This procedure is not uncommon and train operators are trained to manually align routes. The operator then manually moved the train when it derailed. The train was not under automatic train control. The details into what happened are under investigation.
A large crane will be needed to get the incident train back in place on the tracks. This crane will be positioned on Highway 24 eastbound. Two highway lanes will be closed for this. The train will then be moved to a yard and track inspections and any repairs will need to take place.
The California Public Utilities Commission was notified, and their staff were on scene.
12:30pm Update (Bus Bridge Available): A bus bridge provided by AC Transit is now in place providing full bus service between Rockridge and Walnut Creek in both directions. Buses will make all station stops.
Noon update (injury update and correction): Nine people were transported to medical facilities for evaluation following this incident. Based on the initial report from first responders there were no major injuries. BART Police will be interviewing all people who were transported for evaluation. A correction has been made below.
11:15am update: BART has powered off the rails between Rockridge and Walnut Creek stations. All passengers that were on board trains in that section of track have been off-boarded. BART is working with partner bus agencies to establish a bus bridge but it is not yet in place.
Only the Yellow line (between Walnut Creek and Rockridge is impacted). All other lines are running.
The Official BART App offers customized in-app notifications about BART service and announcements using the official BART app. Riders can personalize what type of information they get through the app based on when and where they ride BART and what information they care most about.
10:15am Update: Shortly after 9am on Monday, January 1, 2024, an east bound Yellow line train partially derailed between Orinda and Lafayette stations just outside the Orinda station.
Passengers were safely evacuated from the train and were escorted to Orinda Station by BART personnel. Nine people were transported to medical facilities for evaluation*. Based on the initial reports from first responders there were no major injuries. BART Police will interview all people who were transported for evaluation to get an update.
Two cars were reported to be on fire with smoke and the Orinda Fire Department responded and extinguished the flames.
The Orinda and Lafayette BART stations were closed and we are advising Yellow line riders to seek alternative transportation at this time. There is no train service between Rockridge and Walnut Creek. There is currently no available bus bridge but staff is working to see if partner bus agencies are available.
BART has extra staff and BART Police at Orinda and Lafayette stations to help.
Other BART lines are not impacted.
9:28am Service Advisory posted: There is a major delay on the Antioch Line in the Antioch and SFO directions due to an equipment problem on a train between Orinda and Lafayette stations. Please seek alternate means of transportation.
9:21am Service Advisory posted: There is a major delay on the Antioch Line in the Antioch and SFO directions due to an equipment problem on a train.
BART Service Advisories are available via SMS text, email, at the top of bart.gov, on the BART app, and on X (Twitter) at @SFBARTalert, the main @SFBART account is also providing updates.
*An earlier update said there were no reported injuries, however BART has learned from first responders that nine people were transported to medical facilities for evaluation.
Check back later for any updates to this report.
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South of Clifton Court Road
By CHP – Contra Costa
On December 30, 2023, at approximately 6:25 PM a white Chevrolet Silverado was traveling northbound on Byron Highway south of Clifton Court Road at an unknown speed. The white Chevrolet went into oncoming traffic. A grey Kia sedan traveling southbound on Byron Highway at an unknown speed was struck head on by the Chevrolet. After the crash the Kia left the roadway onto the right shoulder area and came to a rest. The Chevrolet continued out of control and eventually came to rest facing northbound over the center lane line blocking both lanes.
The driver of the Chevrolet was airlifted to John Muir Walnut Creek for their injuries. The passenger was transported via Ambulance to John Muir Walnut Creek for their injuries. The solo Kia driver was pronounced deceased on scene.
A Hyundai Elantra traveling southbound on Byron Highway behind the Kia struck debris in the road causing minor damage with no injuries to the driver or passenger. A Hummer traveling northbound behind the Chevrolet also struck debris and possibly struck the Chevrolet after the initial crash causing minor damage to the Hummer with no injuries to the driver or minor passenger.
During the on-scene investigation, it was determined the driver of the Kia was not properly wearing their seatbelt. DUI was not a factor in this collision.
This crash is still under investigation. If anyone witnessed it or the events leading up to it, please contact CHP Contra Costa in Martinez, (925) 646-4980 or email your contact information to 320Investigations@chp.ca.gov to be contacted by the investigating officer.
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