Contra Costa Herald

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

UPDATE: 65-year-old man who died in custody at Martinez Detention Facility Wednesday night identified as attempted murder suspect from Antioch

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

On Wednesday, March 6, 2019, at about 11:09 PM, a Deputy Sheriff found an inmate who was unresponsive during a room check at the Martinez Detention Facility (MDF).

The Deputy immediately called for jail medical staff to respond. Life-saving measures were performed on the inmate. An ambulance and the fire department responded to MDF. The inmate was transported to Contra Costa Regional Medical Center. He was later pronounced deceased.

The identity of 65-year-old male inmate is not being released at this time.

The investigation into this death is ongoing. Per the in custody fatal incident pro-tocol, the investigation is being conducted by the Contra Costa County District Attorney’s Office and the Office of the Sheriff.

THURSDAY, 3/7/19 9:38 PM UPDATE –

The investigation into the in-custody death at the Martinez Detention Facility is continuing. The investigation is being conducted by the Contra Costa County District Attorney’s Office and the Office of the Sheriff per the in custody fatal incident protocol.

On Wednesday, March 6, 2019, at about 11:09 PM, a Deputy Sheriff found an inmate who was unresponsive during a room check at the Martinez Detention Facility (MDF). The Deputy immediately called for jail medical staff to respond. Life-saving measures were performed on the inmate. An ambulance and the fire department responded to MDF. The inmate was transported to Contra Costa Regional Medical Center. He was later pronounced deceased.

The 65-year-old male inmate is identified as Leartis Johnson of Antioch. He was originally booked into the MDF on May 16, 2018 by the BART police. His original charges included murder, assault with a deadly weapon, and robbery.

His death appears to be health related.

Marsh Creek Road closed from Clayton city limits to Morgan Territory Road

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By Steve Padilla, Director Contra Costa County Public Works Department

March 6, 2019, Clayton, CA – Marsh Creek Road is closed in both directions, between the Clayton City limits and Morgan Territory Road due to rock and mud slides.  We anticipate re-opening the road by early afternoon. Please take alternative routes to avoid this area.

Cadet from Concord passes following ski slope injury at West Point Thursday

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Peter L. Zhu USMA 2019. Photo courtesy of West Point.

By LTC Christopher Ophardt, Director of Public Affairs and Communications, U.S. Military Academy

WEST POINT, N.Y. – Cadet Peter L. Zhu, a member of the Class of 2019, passed Feb. 28 at Westchester Medical Center in Valhalla, New York, with his family by his side, after succumbing to injuries sustained on Feb. 23 while skiing at Victor Constant Ski Area located on the academy grounds.

“I wish to extend to his family the sincere and profound sympathy of the U. S. Military Academy and all members of this command. We lost a brother today, and the pain will be felt for a long time,” said Superintendent Lt. Gen. Darryl A. Williams.

Zhu, 21, of Concord, California, was found unresponsive by a fellow skier on Saturday afternoon on the slope. Ski Patrol conducted life-saving measures as he was transported to Keller Army Community Hospital and then airlifted to Westchester. The details of this incident are under investigation.

“Our thoughts and prayers are with the Zhu family during this difficult time. The entire West Point community is heartbroken over this tragedy,” said Brig. Gen. Steve Gilland, commandant of cadets. “Peter was one of the top cadets in the Class of 2019, very well-known and a friend to all. He embodied the ideals of the Corps of Cadets and its motto of Duty, Honor, Country and all who knew Peter will miss him.”

Zhu was an accomplished cadet who was President of the Cadet Medical Society and served on Regimental Staff the first semester of his senior year. He was looking forward to receiving a commission as a Medical Corps Officer and attending the Uniformed Services University of Health Sciences for medical school.

According to his Facebook page, Zhu was a native of Hongku, Shanghai, China and a graduate of De La Salle High School in Concord, CA.

A memorial ceremony for the West Point community and private funeral service will be held at West Point next week.

About West Point

The U.S. Military Academy at West Point is a four-year, co-educational, federal, liberal arts college located 50 miles north of New York City. It was founded in 1802 as America’s first college of engineering and continues today as the world’s premier leader-development institution, consistently ranked among top colleges in the country. Its mission remains constant— to educate, train, and inspire the Corps of Cadets so that each graduate is a commissioned leader of character committed to the values of Duty, Honor, Country and prepared for a career of professional excellence and service to the nation as an officer in the U. S. Army. For more information, go to www.westpoint.edu.

Allen Payton contributed to this report.

Concord Police arrest two for February murder of Concord man

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Report and photos by Concord Police Investigations Division

On February 10, 2019, at approximately 1:45 am, Concord Police Officers were called to the area of Clayton Road and Detroit Avenue on a report of a man lying on the sidewalk and with an apparent gunshot wound. The victim, 27-year-old Carlos Nunez of Concord, was declared deceased at the scene. Detectives of the Concord Police Department conducted an investigation and located surveillance camera footage from a nearby apartment complex camera that showed the suspects a block from the crime scene prior to the murder.

The investigation revealed that the victim contacted a group of persons and asked them if anyone wanted to purchase his bicycle. Two members of the group claimed that the bicycle was stolen and belonged to them. When the suspect left the area, he was followed by the two suspects who shot and killed him when he got to Clayton Rd. The suspects then stole the bicycle and other personal property from the victim.

The suspects were identified by detectives and warrants were issued for their arrest. On February 22nd, Jose Hernandez-Barajas, 21 years old, and Luis Angel Mendoza, 19 years old, were arrested for Nunez’s murder. Both are residents of Concord. The Contra Costa County District Attorney’s Office has charged both with Murder, Robbery, and Personal Use of a Firearm in the Commission of a Crime. They are currently both incarcerated in the Contra Costa County Jail.

Supervisors approve five Verizon small cell wireless facilities in Alamo, Walnut Creek

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Before and After photos of proposed Verizon small cell wireless facility on Horsetrail Court in Alamo. Photo from Powerpoint presentation.

More appeals expected

By Daniel Borsuk

Over a volley of citizen complaints about potential neighborhood blight and health cancer risks concerns linked to Verizon Wireless’ plans to install five small cell wireless facilities on PG&E poles in bucolic unincorporated Alamo and Walnut Creek residential locations, the Contra Costa County Board of Supervisors unanimously upheld the county Zoning Administrator’s and Planning Commission’s rulings approving the telecommunication corporation’s requests on Tuesday, Feb. 26.

According to the staff report for agenda item, “On December 21, 2018, Ms. Alice Lee filed an appeal with the Department of Conservation and Development, Community Development Division, over the decision of the County Planning Commission to deny the appeal and uphold the decision of the County Zoning Administrator to approve the Wireless Facilities Access Permit. Ms. Alice Lee submitted a revised appeal letter on December 24, 2018.”

With Supervisor Diane Burgis of Brentwood absent from the meeting because she was recuperating from successful heart surgery on Monday, supervisors voted 4-0 to sustain favorable county zoning administrator and planning commission rulings on Verizon Cell Wireless’ requests to install five small wireless cell facilities in the right-of-way of 401 Horsetrail Court, 1524 Alamo Way, 184 Creekdale Road, 1955 Meadow Road and 20 Francesca Way, but threw in a carrot that might sway residents to feel more comfortable about Verizon Wireless installing the antennas. (See PowerPoint presentation, here).

Board Vice Chair Candace Andersen, who represents the unincorporated Alamo and Walnut Creek areas where Verizon Wireless plans to install the cell wireless facilities, each valued at an estimated $200,000, recommended that Verizon Wireless mail to affected homeowners living nearby the five proposed wireless cell antennas to be offered free, independently conducted, in-home health tests. Verizon Wireless will pick up the costs for the health tests.

Verizon Wireless attorney Paul Albritton said the communications company would agree with Supervisor Andersen’s in-home health test request. Other supervisors also approved Andersen’s proposal. Albritton said residents must live within 300 feet of a proposed small cell wireless antenna. He said the offer will be valid for one year.

Even with the in-home health inspection provision, one Alamo resident, Ruth Strong, who lives with her aged mother near a PG&E pole that is slated to have one of the Verizon Wireless antennas installed directly across from her mother’s bedroom window, told supervisors, “I don’t trust them (i.e. Verizon Wireless) from coming into my house.”

Dr. Alice Lee, one of the five appellants, told the Contra Costa Herald it is too early to tell what course of action she and other appellants might pursue. Dr. Lee said Verizon Wireless has plans to install as many as an additional 87 small cell wireless antennas on PG&E poles in unincorporated areas including Alamo, Walnut Creek, and Orinda. “There will be other carriers. There will be more towers,” she told supervisors.

Supervisor Karen Mitchoff of Pleasant Hill said it is difficult for counties to overturn requests of telecommunication communication companies requesting to install new equipment such as small cell wireless facilities on existing PG&E poles because of the federal Telecommunications Act of 1996 that has been amended numerous times. California counties and cities are contesting certain aspects of Telecommunications Act in the Supreme Court because the federal law supersedes local or state law.

Among consent item supervisors approved without comment from the public, were:

Hazardous Materials Response Vehicle Funding

Spending $1.3 million from the Contra Costa County Fire Protection District budget to buy a Type I Hazardous Materials Response Vehicle that will be owned and operated by the county fire district. The acquisition of a new Type I Hazardous Material Response Vehicle will allow the fire district to own and operate its own vehicle. Since the formation of the county’s Hazardous Materials Team in 2016, the team has operated a vehicle on loan from the California Office of Emergency Services. That vehicle was recently out of service for over 30 days while it received warranty related repairs in Sacramento. That compromised the Contra Costa County team’s ability to respond to hazardous response incidents. Buying this vehicle will permit the Contra Costa County Fire Protection District to respond to future hazardous material response incidents.

Emerging Aeronautical Technologies to Be Promoted at County Airports

Supervisors permitted County Airports Director Keith Freitas to promote and market Buchanan Field and Byron Airport as testing locations for emerging aeronautical and aeronautical related technologies. There will be no financial cost to the county general fund associated with the promotion and marketing campaign. Airport staff and any county counsel staff time will be charged to the Airport Enterprise Fund.

Kirker Pass Road Truck Lane Funding

Supervisors awarded a $14,153,763 contract to Granite Rock Company to construct the Kirker Pass Road Northbound Truck Climbing Lane project. Construction is set to begin this summer to add a truck lane on Kirker Pass Road from the Concord Pavilion to Hess Road. The addition of the lane is designed to reduce accidents caused by trucks traveling up Kirker Pass Road. Other contractors and their bids at the Jan. 22 disclosure were: Bay Cities Paving & Grading, Inc., $14,886,666; Ghilotti Construction Company, Inc., $15,225,077. 60; Gordon N. Ball, Inc. $15,528,038.20; Flatiron West, Inc. $15,528,038.20; Granite Construction Co, $16, 073, 185.10; O.C. Jones & Sons, Inc. $16,073, 788 and DeSilva Gates Construction, $17,500,000.

Waterfront Initiative Funding

Supervisors approved the new funding allocations of $142,500 to implement approved Northern Waterfront initiatives planned for 2019-2020. Those expenditures included $50,000 for the Hercules site exploration for bioscience, $12,000 for a May forum, $10,000 for State Lands/Crockett waterfront access, $70,000 for collaborative marketing and a marketing video. Supervisors had budgeted $500,000 in 2017 to cover Northern Waterfront Economic Development Initiative projects. Since the initiative’s launch, the only expenditure since then has been the $263,000 to consultant contracts or grant match.

Paying Additional $11,000 to Winchester for Sheriff’s Department Ammunition

Supervisors agreed to pay an additional $11,000 to buy Winchester ammunition for the Office of the Sheriff because after more than 20 years, Winchester has changed its ammunition distributor in Northern California from Adamson Police Products to Dooley Enterprises. In 2017, the Office of the Sheriff executed a new purchase order with Dooley Enterprises as the new Winchester ammunition distributor to meet future training and duty ammunition demands. As a result of the change in the purchase order. the county will have paid $411,000, not $400,000 for the purchase of ammunition for the period of July 1, 2017 through June 30, 2019.

To see the entire meeting agenda, click here.

Martinez man sentenced to six years in prison for child molestation

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

On Tuesday February 26, 2019, 21-year-old Martinez resident Aaron Mikkelsen pleaded guilty to one count of child molestation and was sentenced to six years in state prison. The sentence was handed down by the Honorable David E. Goldstein. Through his guilty plea, Mikkelsen admitted that he sexually molested a child under the age of 13 years old, in violation of California Penal Code section 288(a). Mikkelsen will be required to register as a sex offender for the rest of his life.

On October 23, 2018, the Contra Costa County Internet Crimes Against Children Task Force executed a search warrant in Martinez related to Mikkelsen selling child pornography on social media. During the search, investigators discovered evidence that Mikkelsen had sexually abused a child under 13 years old. Investigators located a significant amount of child sexual abuse material on his cell phone and in various social media accounts. (See related article).

“Protecting our children from hands on sexual abuse and online exploitation is a priority for this Office. Individuals who seek to victimize the most vulnerable members of our society will face significant consequences,” said District Attorney Diana Becton.

The investigation was conducted by a multi-agency Internet Crimes Against Children Task Force, which is managed by the San Jose Police Department. In Contra Costa County, detectives and investigators from the Walnut Creek, Martinez, San Ramon, Concord and Moraga Police Departments, the Contra Costa County Sheriff’s Office, United States Secret Service, Homeland Security Investigations, the Contra Costa County Probation Department, and Inspectors from the Contra Costa County District Attorney’s Office participate in the task force.

Parents are encouraged to discuss online safety with their children, and can visit the website www.kidsmartz.org or our website for further information.

Case information: People v. Aaron Kurtis Mikkelsen, Docket Number 01-187610-1

Woman crashes car, runs across Highway 4 in Martinez, hit and killed Thursday night

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By CHP-Contra Costa

Thursday evening at about 8:26 pm, Contra Costa CHP was advised of a solo vehicle collision on Highway 4 eastbound, west of Pacheco Blvd. in Martinez. Upon emergency personnel and CHP arrival, a blue Saturn sedan was found crashed into the center divider of eastbound Hwy 4, several witnesses that stopped along the right shoulder of eastbound Hwy 4, and the adult female driver of the Saturn was lying in the westbound lanes of traffic and unresponsive. The driver of a white Dodge pickup truck was also stopped along the right shoulder but on the westbound side. Unfortunately, the female driver was pronounced deceased at the scene. She has not yet been identified. The Contra Costa County Sheriff Coroner,s Office will be handling the release of her identity.

In the initial investigation, it appears that the solo female driver of the Saturn sedan was traveling on Hwy 4 eastbound approaching Pacheco Blvd at an unknown speed, veered off the roadway and into the center metal guardrail. Witnesses related the female driver then exited her vehicle, climbed over the center metal guardrail, and began to run across the westbound lanes of traffic of Hwy 4. She was then struck by an oncoming white Dodge pickup. Once emergency personnel and CHP arrived on scene, they located the female driver lying in the westbound lanes and unresponsive. She was pronounced deceased at the scene. The male driver of the Dodge pickup remained on scene, was not injured, and cooperative throughout the investigation. Witnesses also remained on scene to provide information.

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

Rep. DeSaulnier to host Town Hall Meeting in Concord Wednesday

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Rep. Mark DeSaulnier

Congressman Mark DeSaulnier (CA-11) will host a town hall meeting at Clayton Valley Charter High School in Concord on Wednesday, February 20th at 6:30 p.m.

This will be Congressman DeSaulnier’s 77th town hall and mobile district office hour since coming to Congress four years ago. The town hall was originally scheduled for January 23rd, but was postponed due to the government shutdown. During the town hall, Congressman DeSaulnier will provide an update on the recent border security deal and other issues before Congress, will take questions, and discuss the services his office can provide.

Concord Town Hall
Wednesday, February 20th
6:30 p.m. to 8:00 p.m.
Clayton Valley Charter High School
Multiuse Room
1101 Alberta Way
Concord, CA 94521
Doors Open at 6:00 p.m.

This event is open to the public, press, and photographers.

Please RSVP by visiting https://desaulnier.house.gov/town-hall-rsvp or calling (925) 933-2660. To request ADA accommodations, translation services, or for more information, contact Congressman DeSaulnier’s office in either Walnut Creek or Richmond.

In honor of Black History Month, Reps. DeSaulnier, Lee renew effort to exonerate Port Chicago 50

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Photo of the aftermath of the Port Chicago disaster.

Washington, D.C. – Today, in honor of Black History Month, Representatives Mark DeSaulnier (CA-11) and Barbara Lee (CA-13) reintroduced a House Resolution calling for the public exoneration of the Port Chicago 50. The resolution is part of their ongoing effort, first started by former Congressman George Miller III, to bring attention and solutions to the injustice suffered by the Port Chicago 50, a group of African American sailors who were wrongly convicted of mutiny following the deadliest home front disaster of World War II at the Port Chicago Naval Magazine in California.

After experiencing segregation in the Navy, 435 African American munitions sailors, who were not properly trained or supported, were killed or injured when a cargo vessel exploded. This incident accounted for more than 15 percent of all African American Naval casualties during WWII. When 50 of these men understandably refused to return to the unsafe working conditions that killed their fellow sailors, they were discriminately charged and convicted of mutiny.
“If we are to progress as a nation, it is critical that we learn from past injustices and correct our mistakes,” said Congressman DeSaulnier. “Our resolution recognizes the Port Chicago 50’s courage, celebrates their service to our country, and calls for their public exoneration. I thank Congresswoman Lee for her partnership as we work to right the wrongs of our past, and properly honor these men.”

“As the daughter of a veteran, I am deeply grateful to our men and women in uniform, who make tremendous sacrifices in service to this nation. However, our nation has not always treated our service members with the compassion and decency that they deserve. The 50 African American sailors at Port Chicago, who boldly stood against discrimination and refused to return to unsafe work conditions, should be remembered as heroes. The wrongful charges of mutiny levied against these service members were an injustice that persists to this day,” said Congresswoman Lee. “These brave men should be honored, not only for their pivotal role in the World War II home front effort, but also for their courage in the face of injustice. I am grateful to Congressman DeSaulnier for introducing this legislation and celebrating these local heroes.”

Representatives DeSaulnier and Lee have introduced this resolution in both the 114th and 115th Congress, and together they sent a letter to former President Obama requesting he acknowledge the injustice suffered by these sailors and remove these racially biased convictions from their records.

Additionally, Congressman DeSaulnier successfully included a provision to the National Defense Authorization Act (NDAA) requiring the Navy to investigate the circumstances surrounding the treatment of sailors at Port Chicago. This led to the Navy acknowledging the injustice that was served to the Port Chicago 50. DeSaulnier has also called upon the Smithsonian Institution to include information about the Port Chicago 50 in the new National Museum of African American History and Culture.

To learn more about the Port Chicago disaster and memorial visit https://portchicagomemorial.org/.