Contra Costa Herald

News Of By and For The People of Contra Costa County, California

Results of inquest in Clayton Police Officer involved death of Pittsburg woman in May announced

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Sheriff-Coroner David O. Livingston announces that a Coroner’s inquest jury has reached a finding in the May 13, 2017 death of 24-year-old Marie Cherie Gaglione of Pittsburg. The finding of the jury is that the death is at the hands of another, other than by accident. (See related article).

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.

The Clayton Police Department was dispatched to a local shopping center for a suspicious vehicle call. Gaglione and another person were seen leaving the shopping center in a stolen vehicle. A Clayton police officer pursued the vehicle for approximately a half-mile until it collided into a wall on the 4900 block of Myrtle Drive in Concord. The driver was transported to a local hospital. Gaglione was pronounced deceased at the scene.  

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

Camino Diablo Road closure from Main Street to Byron Highway in Byron

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Construction of the Byron Highway and Camino Diablo Intersection Improvement Project is underway. The project will widen roadway pavement, install a traffic signal, sidewalk and upgrade the Union Pacific Railroad crossing on Camino Diablo.  Camino Diablo, from Main Street to Byron Highway, will be closed for the construction of the upgrades to the railroad crossing effective 3:00pm August 29th until 7:00 am September 28th.

Traffic will be detoured to Holway Drive for access to Camino Diablo and Byron Highway.  Drivers can expect delays. The project is funded by Federal Highway Safety Improvement Funds, Traffic Mitigation Funds, and Local Road Funds. Project completion is expected by the end of November. For project updates, visit the Public Works website at: http://www.cccounty.us/pwdmap.

Sheriff’s Detectives investigate Tuesday afternoon homicide of woman in Byron

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On Tuesday, August 22, 2017, at about 3:50 PM, Deputy Sheriffs responded to a report of a dead body on the 500 block of Camino Diablo in Byron. Deputies arrived on scene and found a deceased adult female. Homicide Detectives and the crime lab responded to the location.

The victim, who is believed to be a San Francisco resident, is not being identified at this time as next of kin have not been notified. The investigation is ongoing. The motive in this homicide is unknown at this time. The autopsy is taking place later this morning.

Anyone with any information on this case is asked to contact the Office of the Sheriff Investigation Division at (925) 313-2600. For any tips, call (866) 846-3592 to leave an anonymous voice message or email: tips@so.cccounty.us.

Young Democrats to host Town Hall meetings with Rep. DeSaulnier, local officials

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High school and community college students will have opportunity to engage political leaders

Contra Costa students will have a special opportunity to meet and engage local elected officials next month for a new series of town halls hosted by the Contra Costa Young Democrats. These forums seek to build a stronger relationship between the officials and the students, while sparking the interest of our next generation’s political leaders. Topics will include current hot-button issues such as immigration, criminal justice reform, education, and whatever else students may ask.

“Politics is about more than just showing up to vote when you turn 18,” said Contra Costa Young Democrats Student Outreach Coordinator N’dea Johnson. “Speaking with and learning from elected officials at a young age can foster a lifetime of engagement, which is critical to our political process. This is about engaging students now in order to build our next generation of leaders.”

The two town halls are currently scheduled for August 24th and September 7th. The first, featuring Rep. Mark DeSaulnier, will be sponsored by Diablo Valley College’s speech and debate team and held on campus for local community college students. Details below:

What: College Town Hall

When: Thursday, August 24, 2017 @ 4pm (Free food at 3:30pm)

Where: Diablo Valley College Cafeteria, Pleasant Hill

**IMPORTANT: You must RSVP to sean@cocoyoungdems.org in advance for this event**

The second town hall on September 7th will be hosted at John F. Kennedy High School in Richmond will feature a panel of local elected officials, currently including El Cerrito Councilmember Gabriel Quinto, Richmond Councilmember Jael Myrick, Former Richmond Planning Commission Chair Sheryl Lane, local education advocate Demnlus Johnson and West Contra Costa School Board Member Mister Phillips. All CCC students, middle college students, and middle school students of West Contra Costa are invited.

What: Back to School Town Hall

When: Thursday, September 7, 2017 @ 5pm (Free food at 4:30)

Where: John F. Kennedy High School, Richmond

Sheriff’s Deputies, Antioch Police arrest two after Highway 4 pursuit, Tuesday afternoon

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Sheriff’s Deputies pursue two suspects in a blue pickup truck eastbound on Highway 4, on Tuesday. photo by KTVU Fox 2 News.

From Concord to Martinez then ends in Antioch

At about 1:51 PM Tuesday afternoon, August 22, 2017 a Contra Costa County Deputy Sheriff pulled-up behind a stolen truck on westbound Highway 4 near Willow Pass Road in Bay Point. The Deputy initiated a traffic stop on the vehicle. The driver did not yield and led Deputies on a pursuit, which went to Alhambra Avenue in Martinez and then back eastbound on Highway 4 to Antioch.

The CHP and Antioch Police Department assisted the Office of the Sheriff during the pursuit.

The suspects were in a blue pickup truck with a white-topped shell, exited at the Hillcrest Avenue offramp and drove north into a residential neighborhood. The stolen truck collided with a fence on the 900 block of 13th Street in Antioch. The driver and the passenger fled on foot and ran to the back of homes along Lake Alhambra.

A police K-9 from the Sheriff’s Office apprehended the passenger, while Antioch Police Officers arrested the driver.

The driver is identified as 22-year-old Terry Nichols. He was booked into the Martinez Detention Facility on numerous charges – possession of a stolen vehicle, felony evading, possession of stolen property, and resisting arrest. Nichols is being held in lieu of $90,000 bail.

The passenger is identified as 19-year-old Mason Leonard. He was booked into the Martinez Detention Facility on possession of stolen property, vandalism, and resisting charges. Leonard is being held in lieu of $40,000 bail.

To watch video of the pursuit and arrest of at least one of the suspects on KTVU Channel 2, click here.

Allen Payton contributed to this report.

Contra Costa prosecutors endorse their colleague Paul Graves for Interim DA

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Contra Costa Senior Deputy District Attorney Paul Graves. photo courtesy of Paul Graves for DA

The Contra Costa County Deputy District Attorney’s Association has endorsed Senior Deputy District Attorney Paul Graves for the position of Interim District Attorney of Contra Costa County. 

On Friday, August 18th, 2017, the Contra Costa County District Attorneys’ Association, made up of over 80 criminal prosecutors, voted for the endorsement.

“Paul Graves distinguished himself as a leader when he stepped forward to run for election against Mr. Peterson, a sitting incumbent at the time, despite the great professional risk he was taking, because it was the right thing to do,” said Aron DeFerrari, President of the DA’s Association.

“Our prosecutors are currently working on hundreds of cases and the interim DA will immediately have immense responsibilities to manage these cases,” added Simon O’Connell, a member of the District Attorneys’ Association Board. “Paul Graves’ experience managing and leading prosecutors gives us full confidence in his ability to keep those cases on track until voters choose the next District Attorney.”

Amongst a field of five candidates seeking the appointment, Paul Graves has distinguished himself in both public forums, his written applications and, perhaps most importantly, his actions and proven integrity as a veteran prosecutor for the last 22 years.

With the support of almost every police association, nonprofit and community based organizations Graves has worked with throughout the years, and the endorsement of the East Bay Times, “We are tremendously proud to endorse Paul Graves, he is a truly talented prosecutor, a proven leader in the law enforcement community and, perhaps most importantly, a person of genuine character and integrity – what we need most right now in our office” said Lauren Whalen, a DA’s Association Board Member and young prosecutor in the District Attorney’s Office. 

Pittsburg man arrested after ramming vehicle into police car, driving wrong way on Hwy 4 in Martinez Saturday night

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On Saturday, August 19, 2017, at approximately 8:22 PM, Deputy Sheriffs were dispatched to a suspicious circumstance and possible burglary in the area of Actriz Avenue and Arthur Road in unincorporated Martinez.

Deputies conducted an area check of the residence but did not find any evidence of a burglary. However, a stolen vehicle was found parked near the residence. When the vehicle left the area, Deputies attempted a traffic stop of the stolen vehicle. The vehicle did not stop and led Deputies on a pursuit. 

The suspect pulled into a gas station on Arthur Road. As Deputies exited their vehicles to conduct a high-risk car stop, the suspect suddenly rammed into a patrol car. A Deputy fired two rounds at the suspect, who drove towards I-680. The suspect was not struck by gunfire. 

The suspect drove the wrong way on the freeway off-ramp and collided with another vehicle. The suspect was taken into custody. The driver of the other vehicle and the suspect suffered minor injuries. Both were taken to local hospitals to be checked.

The suspect is identified as 34-year-old Joey Carroll of Pittsburg. This morning he was booked into the Martinez Detention Facility on numerous charges – stolen vehicle, possession of stolen property, evading causing injury, evading while driving the wrong way, assault with a deadly weapon, resisting, and probation violation.

Carroll is being held with bail. 

Interim Contra Costa DA forum draws questions on wide range of issues

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The five semi-finalists for the interim Contra Costa County District Attorney appointment participated in a three-hour public forum at Contra Costa County Board of Supervisors hearing chambers Tuesday. Participating in the forum conducted by the League of Women Voters of Contra Costa County were from left Contra Costa Superior Court Judge Diana Becton, Contra Costa Superior Court Judge Danielle Douglas, Santa Clara County Supervising Deputy District Attorney Patrick Vanier, Contra Costa Deputy District Attorney Tom Kensok and Contra Costa Senior Deputy District Attorney Paul Graves. Supervisors plan to announce their choice by either their September 12 or September 19 meeting.

Lasts for three hours

By Daniel Borsuk

In the packed Contra Costa County Board of Supervisors hearing chambers, supervisors and citizens learned a great deal about five candidates in the running for the interim District Attorney post, vacant since the mid-June resignation of Mark Peterson on charges of lying about illegally spending $66,000 from his election campaign fund for personal use.

Before responding to questions pooled from the League of Women Voters of Contra Costa County and emceed by former Contra Costa County Clerk and Register of Voters Steven Weir, supervisors conducted a one hour hearing to allow the public to vent thoughts about the supervisors selection process of the five choices:  Contra Costa Superior Court Judge Diana Becton, Contra Costa Superior Court Judge Danielle Douglas, Contra Costa Senior Deputy District Attorney Paul Graves, longtime Contra Costa Deputy District Attorney Tom Kensok, and Santa Clara County Supervising Deputy District Attorney Patrick Vanier, a Contra Costa County resident.

Graves and Vanier have already announced they are running for election in 2018.

During the public hearing, Graves received oral endorsements from eight speakers.  One supporter, Laura Dean Swanson described Graves as “Competent and widely respected by people for working for victims’ rights.”

But Richmond City Councilman Melvin Willis cautioned supervisors saying, “We need a district attorney who will look at alternatives other than incarceration.  We need new leadership promoting racial justice.”

Nancy Kelly, a retired public defender, urged the supervisors to select an interim DA who would eliminate the bail system, which is racially and financially biased against minorities.  Kelly also said the county’s interim DA should be one who picks “juries that reflect the community and not that reflects the upper class or white people.”

During the forum, the five semi-finalists answered a wide variety of questions to shed light regarding their opinions about “restorative justice,” a concept that all the candidates supported.

On the question about the death penalty, the responses varied.

Judge Douglas said she would seek the death penalty for cases meriting it and “would set up a death penalty review panel.”  She noted that the cost and racial disparity associated with the death penalty has shown that it has been “abused in this country.”

Vanier said he would use the death penalty for cases that genuinely merit them like the “Ted Bundy” murder case.

Kensok said he, like most Contra Costa voters, voted to abolish the death penalty.  “It’s not a deterrent, but I will never say never.”  He said there might be murder cases meriting the death penalty.

“The death penalty is not an effective deterrent to crime,” said Judge Beckton.

On prosecuting environmental pollution crimes, candidates’ responses varied, but Kensok seemed to have the best response to that question.  “We have an environmental prosecutor,” said Kensok. “We have gone after Chevron.  But as DA my priority will be to use our resources to prosecute cases involving violence.”

When asked what his thoughts were about the DA office’s track record on victims’ rights, candidate Vanier said, “Less than one half of the crimes are prosecuted.  We need to do a better job of prosecuting crimes that occur in this county.”

On the topic of how to work with at-risk youth, Judge Becton said she would implement a successful program she developed in Richmond, “The Color of Justice.”  It teaches school children that African Americans do succeed academically and become lawyers and judges.

As a mother of three daughters, Judge Douglas said she would promote anti-gang awareness programs beginning in the elementary and middle schools.  “We need to publicize about the dangers of the Internet and how gangs are able to lure youth at very young age.”

All five candidates said they would not cooperate with United States Immigration and Customs Enforcement agents.

Supervisors plan to interview finalists for the interim post on September 12; they could announce a selection then or reveal their choice at their September 19 meeting.

Supervisors reject East Contra Costa Fire District Grand Jury findings

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By Daniel Borsuk

At their weekly meeting on Tuesday, Contra Costa County Supervisors negatively responded to the county grand jury report “Funding the East Contra Costa Fire Protection District.”

Concerning the report’s finding:

“The county does not always require that developers of residential and commercial properties establish Community Facility Districts,” the supervisors’ response was “agree.”

The supervisors’ recommendation was California Penal Code Section 9333.05(b) requires a response to the designated recommendations of the Grand Jury.

But regarding the Grand Jury’s finding:

“The county should consider adopting a policy to collect impact fees from all developers of residential and commercial property to fund capital improvements that will be needed to open future stations,” the supervisors’ response was negative.

“The recommendation will not be implemented because it is not warranted,” the supervisors’ response stated.  “The ECCFPD continues to have financial difficulties, which prevent staffing current stations within the District.  Imposing a policy requiring developers to contribute fees for the construction of additional stations does not seem reasonable at this time.  The county has imposed impact fees on developers specifically for the construction of ECCFPD fire stations in the past and would revisit such a policy in the future should District revenues support the ongoing staffing costs of new stations.”

On the Grand Jury’s finding, “The County should consider adopting a policy to enter into agreements with all developers to establish Community Facility Districts to provide operating revenue to ECCFPD,” the supervisors’ response was also negative.

“The recommendation will not be implemented because it is not warranted,” the supervisors’ response stated. “The ECCFPD is a governmental entity that has the power to levy taxes and assessments as needed, subject to a vote of the People.  The District may, by resolution, establish Service Zones pursuant to Health and Safety Code & 13950 to, inter alia, “…raise additional revenues within specific areas of the District.”  The Service Zones are administered by the District Board of Directors, who responsible for setting service levels throughout the District.  This model would be more appropriate than developing Community Facility Districts administered by the County, which does not have the responsibility of setting service levels within the District, and is contemplated as part of the Fire Protection District Law of 1987 (commencing with Health and Safety Code & 13800).”

Supervisors approve $100 million mixed-use Saranap development between Walnut Creek and Lafayette

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Artist’s rendering of the approved Saranap Village Development near Walnut Creek. Courtesy of Hall Equities Group.

By Daniel Borsuk

After five futile years, developer Mark Hall finally got the green light from the Contra Costa County Board of Supervisors to build his $100 million mixed-use Saranap Village Development in unincorporated Walnut Creek on Tuesday.

Site A

A jubilant Hall told the Contra Costa Herald after the supervisors voted 5-0 that he plans to begin construction of the major residential-commercial development in mid-2019. It will be located on 4.6 acres on the southwest side of the Highway 24 and Interstate 680 interchange, clustered around the intersection of Boulevard Way and Saranap Avenue.

Of the 45 persons speaking before the supervisors, 42 supported the proposed project, that will provide 122 rental apartment units and 76 residential condominium units, which were a key selling point for supervisors, especially Supervisor Candace Andersen whose District 2 includes the development site.

Longtime Saranap resident Jennifer Russell was one of the few opponents.  She said the development’s 71 feet height is too tall for the residential area.

“We’re really a residential area,” said Russell.  “Keep the development a bit smaller.”

Russell preferred that the project height be scaled down to 57 feet.

Sharon Lyons, a Saranap resident since 1958, welcomed the project that will bring about 21,522 square feet of commercial space.

“This development will make the area a destination area for us.  It will be a wonderful addition for our area,” she said.

Site B/B1

Giving the project an added architectural punch will be a traffic roundabout that will feature a piece of public art work on Boulevard Way.

“This is a beautiful project,” Supervisor Andersen said.  “We need all types of housing in the Bay Area.  One hundred ninety-eight new residential units is a good step forward.”

“This is a poster child project that shows how the community and developer can work as a team,” said District 1 Supervisor John Gioia of Richmond.  “Unfortunately, this project should not have taken this long, yet it is one of the best projects that I have seen.”

Mary Brooks of the Walnut Creek Chamber of Commerce urged supervisors to approve the development that will also include an outdoor seating area along Boulevard Way for commercial tenants.

As part of the deal with the county, Hall has established a Saranap Area Plan with a $50,000 startup fee.  The plan will serve as a guide for future commercial development, architecture, and the future location of a park for the Saranap area.

Other features of the Saranap Village Mixed-Use Project include:

  • 492 on-and off-street parking spaces
  • Narrowing of a portion of Boulevard Way from four lanes to two lanes.
  • Installation of diagonal on-street parking along Boulevard Way and Saranap Avenue.
  • New traffic median on Boulevard Way at Flora Avenue.
  • Earth moving activities consisting of about 26,500 cubic yards of cut and about 2,615 cubic yards of fill.

Site C

So far Hall’s Saranap Village Developers LLC has paid the county $26,095 in total fees for the General Plan amendment ($5,000), rezoning review ($14,745), tentative subdivision map review ($2,850), and for the final development plan ($3,500).

Five days after project approval, the developer is expected to pay the California Department of Fish and Wildlife a CEQA filing fees of $3,078.25 and a $50 processing fee with the county clerk.

Once the project is completed, Contra Costa County estimates to draw $864,416 in yearly tax revenue from the development, an increase from the estimated $14,000 a year in tax revenue that the county now draws.

For more information on the project, visit http://www.cccounty.us/5195/Saranap-Village and http://saranapvillage.com/.