Contra Costa Herald

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

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/.

Martinez man found guilty of trying to meet minor for sex

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By Scott Alonso, Public Information Officer, Office of the Contra Costa Costa District Attorney

On February 8, a Contra Costa County jury found defendant William Butte of Martinez guilty as charged of three felonies, including his attempt to meet a 15-year-old girl for sex. Butte communicated with who he thought was a minor on the mobile application Kik on August 24, 2017. Butte interacted with an undercover law enforcement officer after he posted a sexually explicit post on Craigslist, which contained language suggesting an interest in minors.

The undercover officer saw Butte’s Craigslist post in the now-defunct causal encounters section, in which Butte asked for a “naughty little girl” to engage in sex acts with him. During the conversation on Kik, Butte discussed meeting with the minor in-person, shared graphic details of sexual acts and he expressed a desire to have sex with the minor. When the undercover officer told Butte that he was a 15-year-old girl, Butte reacted favorably and asked questions about her sexual experience and history. Butte also invited the minor to his home to watch pornography together.

Butte and the officer discussed meeting in a public place. Upon Butte’s arrival to that agreed upon location, he was subsequently taken into custody and arrested.

Our Office will be requesting Butte serve time in state prison. Based upon the jury’s verdict, Defendant will be required to register as a sex offender pursuant to Penal Code section 290. Sentencing will occur on April 12, 2019 in front of the Honorable Anita Santos – Department 2 of the Contra Costa County Superior Court in Martinez. Contra Costa County Deputy District Attorney Adam Wilks prosecuted the case on behalf of the People. The case originated in the Office’s Sexual Assault Unit.

“Thanks in this case is due entirely to the jurors who sacrificed their time and had to wade through truly disturbing evidence in order to reach a fair verdict. Their service to the community in this case cannot be understated,” said Wilks.

The investigation was conducted by the Silicon Valley 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.

Craigslist shut down the personal encounters section and the section is no longer active.

Man dies in fatal auto vs. pedestrian traffic collision in Concord on Saturday

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Scene of the fatal accident at Port Chicago Highway and Arnold Industrial Way on Sat., Feb. 2, 2019. Photo by Concord PD.

By Lieutenant Sam Staten, Concord Police Department

On Saturday, February 2, 2019, at approximately 6:20 PM, Concord Police Officers responded to the intersection of Port Chicago Hwy and Arnold Industrial Way regarding an auto vs. pedestrian collision. Officers arrived on scene with AMR and Fire Department personnel and located a white male adult lying in the roadway.  He was pronounced deceased at the scene by emergency medical personnel.

A preliminary investigation revealed that the pedestrian was crossing the roadway when he was struck by a vehicle traveling south on Port Chicago Hwy.  The driver of the involved vehicle stopped at the scene and is cooperating with the investigation.  Alcohol does not appear to be a factor in the collision.

Anyone with information in regard to this incident is asked to call Concord Police Department Traffic Investigator Justin Wilson at (925)-603-5962.

Concord man found guilty of attempted murder

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By Scott Alonso, Public Information Officer, Office of the District Attorney

On January 30, a Contra Costa County jury found defendant Guido Ginochio of Concord guilty of two felonies, including the attempted murder of the victim. Ginochio used a firearm to fire two shots into the back of the victim in the evening of February 7, 2017. Hours later, Ginochio used his firearm to fire seven rounds into the Adaptive Learning Center on Clayton Road in Concord. During the shooting into the business, Ginochio was wearing a ballistic proof body vest.

Ginochio now faces a maximum sentence of 34 years to life in state prison. Sentencing will occur on May 3, 2019 in front of the Honorable Laurel Brady – Department 31 of the Contra Costa County Superior Court in Martinez. Contra Costa County Deputy District Attorney Adam McConney prosecuted the case on behalf of the People. The case originated in the Office’s Community Violence Reduction Unit.

“The defendant’s senseless and unprovoked acts of gun violence not only nearly ended the victim’s life, but also endangered the lives of other members of our community,” said McConney. “All credit should be given to the victim, who bravely stood up to the defendant by testifying in court, and the jury for being attentive throughout the trial and ultimately delivering justice.”

Just after 10:00 p.m. on February 7, Ginochio approached the victim outside of the victim’s residence asking if Ginochio could buy marijuana. The victim refused the request and attempted to enter the residence to get away from Ginochio. When the victim attempted to gain access to the residence, Ginochio opened fire and hit the victim twice in the back, nearly killing him.

The felony counts against Ginochio are:

  • Count 1, Attempted Murder

o    Enhancement 1, Personal and Intentional Discharge of a Firearm, Great Bodily Injury

  • Count 2, Discharge of Firearm with Gross Negligence

Case information: People v. Guido Vela Ginochio, Docket Number 05-171306-4.