Contra Costa Herald

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

Contra Costa Health lifts Martinez Health Advisory following refinery fire

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Martinez Refining Company refinery fire on Saturday, Feb. 1, 2025. Photo source: Bay Area Air Quality Management District

Contra Costa Health (CCH) has lifted a public health advisory today at 3:00 p.m. following confirmation that the fire at Martinez Refining Company (MRC) is out. Residents in the affected area can now resume normal activities and should open doors and windows to air out buildings and homes. (See related article)

CCH was first notified of the event when MRC, owned by PBF Energy, reported the fire through the county’s Community Warning System (CWS) at 1:49 p.m. on Saturday, February 1. CCH’s Hazardous Materials Program has continued to monitor air quality since Saturday.

In addition to a 72-hour report, due to the County later today, and subsequent 30-day reports, MRC will be required to perform a Root Cause Analysis, which is an investigation aimed at identifying how the incident happened and what can be done to prevent future similar incidents from occurring.

CCH is investigating the cause of the incident, in accordance with state requirements and the county’s Industrial Safety Ordinance and will explore all options available under the regulatory authority provided through the state as a Certified Unified Program Agency (CUPA) to ensure safety issues are all addressed.

Canadian man sentenced for “sextortion” of Contra Costa County minor

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Arrested in 2021 in St. John’s, Newfoundland and Labrador for multiple online child exploitation offences

Multi-agency effort

Sentenced to 2 years in prison, 3 years of supervised release, must register as a sex offender for 10 years

By Ted Asregadoo, PIO, Contra Costa County District Attorney’s Office

A 25-year-old man from Gulf Island, Canada, has been sentenced to prison for sexually extorting a minor in Contra Costa County in 2020, in what is commonly referred to as a “Sextortion” attack.

In the fall of 2019, Nicholas Fahey used a social media application to contact a minor in Contra Costa County and solicited sexually explicit images from the victim. After the victim complied, Fahey sent the victim a series of threats, indicating he would release the images of the victim unless the victim complied with his demands for more photographs.

The investigation was referred to the Contra Costa County Internet Crimes Against Children Task Force (ICAC) and Homeland Security Investigations (HSI). Fahey was identified as the suspect through an investigation of his social media accounts. Ultimately, the Royal Canadian Mounted Police arrested Fahey at his home in Bay Bulls, Canada, located in the province of Newfoundland and Labrador. Fahey was charged on May 21, 2021, in Canada’s version of Superior Court.

On January 23, 2025, Fahey was sentenced to two years in prison and ordered to register as a sex offender for 10 years. Fahey will also serve a term of three years of supervised release.

“This investigation highlights the shared commitment of the ICAC Task Force and HSI to pursue criminals, even those operating beyond U.S. borders,” said District Attorney Diana Becton. “Parents need to understand that individuals who prey on minors online are not restricted by national or state boundaries. Those who use the internet to harm our youth should know that my office will collaborate with law enforcement agencies like the Royal Canadian Mounted Police to seek justice for the victims in our county.”

Sextortion is the most common crime targeting children on social media. According to the FBI, between 2021 and 2023, 12,600 children in the United States were victims of sextortion, resulting in at least 20 suicides.

To report sextortion, contact your local law enforcement agency or file a report with the National Center for Missing and Exploited Children at www.missingkids.org.

Parents are encouraged to talk to their children about the risks associated with smartphone use and social media. If parents, educators, or organizations are interested in presentations on topics like smartphones, social media, or our Vigilant Parents initiative, please contact the District Attorney’s Office at DAOffice@contracostada.org.

According to Corporal Jolene Garland, Media Relations Officer of the Royal Canadian Mounted Police in Newfoundland and Labrador, on April 29, 2021, then-twenty-two-year-old Nicholas Fahey of Gull Island was arrested, following an investigation by the RCMP/RNC Integrated Internet Child Exploitation (IICE) team. He is charged with multiple online child exploitation offences.

The investigation began in early 2020, after police received reports from the US Department of Homeland Security that two American youth had been exploited online by a resident of this province. A local investigation by IICE led to a search warrant that was executed on a Gull Island residence in July of 2020.

Fahey is now charged with the following criminal offences:
• Possession of Child Pornography
• Transmission of Child Pornography
• Making Sexually Explicit Material Available to a Child
• Luring a Child (x2)
• Indecent Act (exposure)
• Extortion (x2)
• Invitation to Sexual Touching

Fahey was released from custody on conditions designed to protect the general public and was scheduled to appear in court on June 16, 2021.

Parents and guardians are encouraged to exercise proper supervision of children while online and to foster regular discussions with their children about online safety.

Allen D. Payton contributed to this report.

 

White Pony Express launches gift card campaign to support victims of L.A. fires

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By Steve Spraitzar, Public Relations, White Pony Express

Heralded nonprofit White Pony Express (WPE) has launched a campaign to collect and distribute gift cards to the survivors of the Los Angeles fires. Gift cards will offer recipients the flexibility to address unique needs and circumstances during this challenging time. Each gift card will be accompanied by a heartfelt, hand-written message of love and support.

While many supplies are being collected and offered to those impacted by the fires, meeting specific needs—such as correct clothing size/style or food appropriate to culture and dietary requirements—can be difficult. WPE’s gift card campaign provides an adaptive, customizable solution that addresses people’s unique needs and preferences.

Says WPE CEO Eve Birge, “A gift card empowers individuals to make their own choices about what they truly need. Many people receive gift cards over the holidays they’d like to donate; others will provide practical gift cards they feel are most needed at this time. Including a heartfelt message along with the gift card is a way to share our love and solidarity.”

This is not the first time White Pony Express has aided survivors of natural disasters. In 2018, at the urging of WPE’s Founder Dr. Carol Weyland Conner, the organization sent vans full of high-quality food and clothing, along with cash donations, to help the survivors of the devastating Camp Fire. This continued for 10 months, as needs remained long after federal aid and the cameras pulled back.

Gift cards for those impacted by the Los Angeles fires can be mailed to the attention of Eve Birge or dropped off at WPE’s headquarters, 2470 Bates Ave Suite D, Concord, CA 94520. Contact WPE’s Volunteer Coordinator to learn about card-making opportunities and other volunteer projects: Volunteer@whiteponyexpress.org.

We encourage the public to spread the word about WPE’s gift card campaign to benefit those impacted by the fires in Los Angeles.

About White Pony Express (WPE): Founded in 2013 by Dr. Carol Weyland Conner, WPE is a volunteer-powered 501(c)(3) organization with a mission to eliminate hunger and poverty by delivering the abundance all around us to those in need—with love. WPE’s Food Rescue Program operates seven days a week, recovering a daily average of 12,000 pounds of high-quality, surplus, fresh food from over 80 local food outlets. This nutritious food is redistributed within 24 hours to 100+ nonprofit recipients who feed the hungry. Since its inception, WPE has rescued and delivered more than 27 million pounds of nutritious food—equal to 21 million meals—and prevented more than 39,000 tons of CO2 emissions from entering the air we breathe.

Federal judge defends teachers right to say ‘no’ to California’s gender secrecy policy

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SACRAMENTO, CA — In a pivotal ruling for parental rights, U.S. District Court Judge Roger T. Benitez refused to dismiss a class-action lawsuit against California’s controversial policies requiring educators to keep parents uninformed when their children express gender confusion or request to change their names and pronouns at school. The decision, handed down on January 7, 2025, denies the motions filed by California Attorney General Rob Bonta and the California Department of Education to throw out the case by arguing that gender secrecy policies were “just a suggestion,” and not mandated on school districts. Now the suit can move forward toward potentially overturning the state’s ban parent notification policies with the passage of AB 1955 last year.

Teachers Not Required to Keep Secrets from Parents
In a powerful statement addressing the rights of educators, Judge Benitez clarified that teachers are under no obligation to follow policies that compel them to deceive or withhold information from parents. Judge Benitez emphasized that “teachers do not completely forfeit their First Amendment rights in exchange for public school employment.” He noted that while teachers may be required to deliver specific curricula, the government cannot force them to act unlawfully or infringe on parental rights. Benitez agreed with the plaintiffs that state policies compel them to act in ways that are “intentionally deceptive and unlawful,” violating the teachers’ First Amendment rights.

Upholding Parents’ Constitutional Rights
Judge Benitez also emphasized long-standing constitutional protections for parents in the upbringing and health decisions of their children. “Parents’ rights to make decisions concerning the care, custody, control, and medical care of their children is one of the oldest of the fundamental liberty interests that Americans enjoy,” he wrote, rebuking the state’s argument that parents have no fundamental right to be informed of their child’s gender identity at school. “However, under California state policy and EUSD policy, if a school student expresses words or actions during class that are visible signs that the child is dealing with gender incongruity or possibly gender dysphoria, teachers are ordered not to inform the parents.”

Ultimately, the judge denied the state’s efforts to dismiss the case, stating, “There are no controlling decisions that would compel this Court to limit or infringe parental rights, notwithstanding the State’s laudable goals of protecting children.”

The ruling directly challenges California’s “Parental Exclusion Policies,” which have allowed schools to hide critical gender identity information from families under the guise of student privacy. Judge Benitez concluded that parents have a constitutional right to know about their child’s gender incongruity, especially when such conditions could lead to significant mental health issues like depression or suicidal ideation.

Broad Implications for State Policy
The lawsuit is now free to move forward, and if successful, it could dismantle policies statewide that currently compel educators to bypass parents on sensitive matters concerning gender identity. This would represent a significant victory for parental rights advocates who argue that these policies infringe on the fundamental rights of families and erode trust between parents and schools.

Legal Counsel Speaks Out
Paul Jonna, Special Counsel for the Thomas More Society, Partner LiMandri & Jonna LLP, and a lead attorney on the case, hailed the decision as a milestone moment for parental rights. “We are incredibly pleased that the Court has denied all attempts to throw out our landmark challenge to California’s parental exclusion and gender secrecy regime,” Jonna said in a press release. “Judge Benitez’s order rightly highlights the sacrosanct importance of parents’ rights in our constitutional order and the First Amendment protections afforded to parents and teachers.”

Jonna emphasized the broader goal of achieving statewide relief for all parents and teachers affected by the secrecy policies, adding, “We look forward to continuing to prosecute this case against California Attorney General Rob Bonta and the other defendants, to put this issue to rest once and for all—by obtaining class-wide relief on behalf of all teachers and parents.”

Reaction from California Family Council
Greg Burt, Vice President of the California Family Council, praised the ruling for upholding parental rights. “This decision is a critical step toward restoring the sacred bond between parents and children,” Burt stated. “When government policies force schools to keep secrets from families, they cross a dangerous line. Judge Benitez’s ruling reaffirms that parental rights are not a secondary concern but a cornerstone of our constitutional freedoms.”

A Collision of Rights
Judge Benitez also addressed the tension between a child’s right to privacy and parents’ right to be informed. While acknowledging the competing interests, he concluded, “In a collision of rights as between parents and child, the long-recognized federal constitutional rights of parents must eclipse the state rights of the child.” This statement sets a clear precedent favoring parental oversight in matters of health and education.

Looking Ahead
As Mirabelli v. Olson proceeds, the case is likely to garner increased attention, setting the stage for a broader examination of how states balance student privacy with parental rights. The outcome could redefine policies across California and potentially influence similar debates nationwide.

About California Family Council
California Family Council works to advance God’s design for life, family, and liberty through California’s Church, Capitol, and Culture. By advocating for policies that reinforce the sanctity of life, the strength of traditional marriages, and the essential freedoms of religion, CFC is dedicated to preserving California’s moral and social foundation.

Antioch man, Brentwood woman in custody dispute arrested for shoot-out in Pleasant Hill injuring their child

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Larry Neal, Jr. in 2017. Photo by Pittsburg PD

3rd arrest this year for Larry Neal, Jr. who was also injured and has history of arrests

By Pleasant Hill Police Department

The Pleasant Hill Police Department is investigating a shooting that injured an adult male and a child. Two arrests have been made.

On December 23, 2024, at about 11:49AM, the Pleasant Hill Police received several calls about numerous gunshots in the area of Contra Costa Blvd. and Vivian Drive. Responding officers were quickly able to locate three vehicles that were involved in the incident. The driver of one of the vehicles, Larry Neal, was struck by gunfire in the hand. A 7-year-old child was inside one of the involved vehicles and sustained minor injuries. Both were treated and released from local hospitals.

The investigation shows that this incident began as a custody dispute between the parents of the injured child and was not a random act. The occupants of two of the vehicles exchanged gunfire with one another at close range.

Contra Costa Blvd. was closed to traffic for several hours but has since reopened.

Alexis Janay Sidney (age 38, born June 9, 1986) of Brentwood was arrested for felony violations of PC 273a(a)- Child Endangerment and PC 246- Shooting at an Occupied Vehicle

Larry Darryl Neal, Jr. (age 27, born Dec. 6, 1997) of Antioch was arrested for felony violations of PC 273a(a)- Child Endangerment and PC 246- Shooting at an Occupied Vehicle, and PC 29800(a)(1)- Convicted Felon in Possession of a Firearm.

Both were booked at the Martinez Detention Facility.

Our agency is still actively investigating the shooting and ask that anyone with information contact the Pleasant Hill Police Department Investigations Division at (925) 288-4630

Case Number: 24-3760

According to NBC Bay Area news report, the two are parents of the child and the gunfire was over a custody dispute.

Neal Has History of Arrests

According to the Contra Costa Sheriff’s Department, Neal is five-foot, 11-inches tall, 189 pounds and his being held on $400,000 bail.

According to localcrimenews.com, Neal is Black and was arrested twice this year and twice in 2022. On Jan. 24 he was arrested by Richmond PD for multiple gun charges and on Jan. 25 he was arrested by Contra Costa Sheriff’s Deputies also for multiple gun charges, as well as hit-and-run and evading a police officer with wanton disregard for safety. On Feb. 18, 2022, Neal was arrested by Antioch PD for gun charges including addict in possession of firearm, possession of ammunition and carrying a loaded firearm when not the registered owner. He was arrested later that year on July 23 by Dublin CHP for assault against a peace officer or emergency personnel, driving while under the combined influence of drugs and alcohol and possession of an open container while driving.

As previously reported, in 2017 Neal was wanted by police for fatally shooting a 43-year-old Bethel Island man, Robert Hopkins, Jr., near the Baskin-Robbins in Pittsburg. He later turned himself in. During the trial a video was shown and according to an East Bay Times report, “The shooting, both defense and prosecuting attorneys agreed, was the culmination of a brief, spontaneous argument between Hopkins, Neal, and Neal’s then-pregnant girlfriend, that began with a stare-down between the two men. After Hopkins ran toward the couple, Neal fired five shots at him, striking him four times, according to testimony.” Neal’s public defender argued Neal fatally shot the Hopkins while defending his pregnant girlfriend to get the charges reduced but the judge in the case struck it down. However, the jury convicted Neal of manslaughter. Neal appealed the conviction, and it was later reduced to unlawful firearm activity and his sentence was vacated.

According to the Contra Costa Sheriff’s Office, the five-foot, two-inch tall, 176-pound Sidney is being held in the West County Detention Center on $350,000 bail.

Allen D. Payton contributed to this report.

California begins purge of Christian foster parents in response to new state law

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SB 407 requires affirmation of a child’s chosen gender identity or sexual orientation

By Greg Burt, California Family Council

SACRAMENTO, CA — Christian foster parents with traditional, biblical beliefs on gender and sexuality are being systematically excluded from California’s foster care system due to the enforcement of SB 407. This new law, authored by Senator Scott Wiener (D-San Francisco), mandates that foster parents, irrespective of whether they have an LGBTQ-identified child in their care, must affirm a child’s chosen gender identity or sexual orientation. Neutrality is no longer acceptable under the updated guidelines issued by the California Department of Social Services (CDSS). (Read guidelines here: https://www.cdss.ca.gov/Portals/9/Additional-Resources/Letters-and-Notices/ACLs/2024/24-69.pdf?ver=2024-11-19-154231-617)

According to a letter distributed to all county and state-licensed foster care agencies last month, “Each resource family must have the capacity, ability, and willingness to safeguard a child’s or non-minor dependent’s personal rights and respect and honor the child’s identities regardless of their own values and beliefs.” The letter further asserts that any failure to affirm a child’s self-determined identity constitutes a “risk or threat” to the child’s health and safety. Consequently, this would result in the denial of foster care applications or the revocation of existing approvals.

This policy shift underscores a troubling development: the state now regards traditional views regarding gender and sexuality as harmful, not only to foster children, but to all children under the system’s care.

The California Family Council (CFC) recently received a call from a foster father who, along with his wife, had provided temporary care to multiple young children over several years. Despite their history of offering loving homes, their social worker denied the renewal of their foster care license because they could not commit to affirming any identity a child might choose. This was a marked departure from previous practices, where their beliefs were accommodated, and they were not assigned LGBTQ-identified children.

“Their social worker told them that under SB 407, the promise of affirmation is now a requirement for fostering any child, regardless of age,” said Greg Burt, Vice President of the California Family Council.

Leading Christian legal organizations specializing in religious liberty cases have condemned the CDSS directive as unconstitutional. Kevin Snider, Chief Counsel for the Pacific Justice Institute, highlighted the broader ramifications of SB 407.

“The implications of SB 407 and the recent Directive from the Dept. of Social Services is that foster families holding religious or traditional views on gender and sexual orientation are unqualified to provide care for foster children,” Snider explained. “California parents may think, ‘This doesn’t concern me — I’m not a foster parent.’ In fact, it does concern you. There is now a very small step for the state to deem any parent as unfit to raise their own children if the family holds a view that contradicts the state’s ideology on gender and sexual orientation. This could result in a visit by Child Protective Services with tragic consequences for the home.”

Kelly Rickert, an attorney with Advocates for Faith and Freedom, emphasized the dire need for foster parents in California, particularly in Los Angeles County, which has over 25,000 foster children in care. She said, “For centuries, Christians have stepped up to care for these children.  But now, the State is stripping Christians who have previously provided years of care of their foster care licenses because they cannot in good conscience agree to promote the state’s onerous directives promoting LGBTQ+ ideologies.”

Rickert also pointed to legal precedents, such as Fulton v. City of Philadelphia (2021), “the Supreme Court struck down a Philadelphia policy denying contracts to a foster care agency because it would not certify same-sex couples as foster parents – because it violated the First Amendment’s Free Exercise clause.” Rickert believes the CDSS directive is similarly unconstitutional. “It is heartbreaking that the State of California elevates political ideology over the welfare of children in need,” she said.

CFC Vice President Greg Burt expressed disappointment at how religious freedoms were disregard during the legislative process. The CFC consistently lobbied against SB 407, warning lawmakers of its illegality and its potential to alienate prospective foster parents. “California is already struggling with a foster parent shortage, yet Senator Wiener and his allies are driving away faithful families who provide stable, loving homes,” said Burt. “This law doesn’t just hurt foster children—it actively discriminates against foster parents who are willing to love and care for any child but refuse to compromise their deeply held religious beliefs.”

Check out similar cases of Christian discrimination related to foster care and adoption at the Alliance Defending Freedom.

Watch https://www.youtube.com/watch?v=Y3nKm8kESKs&t=2s excerpts from the SB 407 hearing above when the bill went before the CA Senate Human Services Committee. Watch the full hearing here: https://www.youtube.com/watch?v=KDzrwfn0RwI

Contra Costa expands Basic Health Care coverage for uninsured illegal immigrants

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After Supervisors made the estimated 10,000 residents in county eligible 

“While Medi-Cal…includes undocumented residents, some…earn too much money to qualify. And they are not eligible for CoveredCA because they’re undocumented.” 

By Contra Costa Health

Contra Costa Health is now offering affordable health care coverage to uninsured county residents who don’t qualify for Medi-Cal or CoveredCA.

Potentially eligible residents can now call a financial counselor at 1-800-771-4270 to ask about enrolling in Basic Health Care, which offers coverage for primary care, medications, X-rays and more.

While Medi-Cal has expanded to include undocumented residents, some of those residents earn too much money to qualify. And they are not eligible for CoveredCA because they’re undocumented.

“We’re still seeing some people in our community fall through the cracks, unable to get health insurance,” said Gilbert Salinas, chief equity officer for Contra Costa Health (CCH). “Basic Health Care will help fill that gap and give people access to medical care.”

Earlier this year, the Board of Supervisors made undocumented residents eligible for Basic Health Care. It’s estimated that more than 10,000 undocumented residents in Contra Costa are eligible for Basic Health Care.

To qualify for Basic Health Care, residents must have incomes below 300% of the federal poverty level. People enrolled in Basic Health Care will pay a sliding-scale quarterly premium depending on their income up to $20 a month. Enrollment in this program will not be considered as part of a public charge test for immigrants.

Basic Health Care enrollees will be able to access care at Contra Costa Regional Medical Center and the County’s outpatient health centers.

“By improving access to primary medical services through Basic Health Care, we aim to reduce unnecessary visits to local hospital emergency departments,” Salinas said.

For more information, visit our Basic Health Care webpage.

Contra Costa agencies awarded $29.7 million in grants for Head Start early childcare programs

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County, Mexican American Opportunity Foundation and The Unity Council receive funding to offer affordable care for 1,634 infants, toddlers, and preschool children

By Tish Gallegos, Community & Media Relations Director, Contra Costa County Office of Communications & Media

(Martinez, CA) – The Administration for Children & Families (ACF), a division of the U.S. Department of Health & Human Services (HHS), has awarded Head Start grants to three Contra Costa agencies. The five-year awards provide $29.7 million in the first year and similar amounts in each of the subsequent four to provide early childhood education (ECE) to infants, toddlers and preschool children throughout the County.

The grant to Contra Costa County enables it to fully fund its current childcare centers, and to continue existing subcontractor partnerships with KinderCare, Aspiranet, Crossroads/Mt. Diablo Unified School District (MDUSD), and Tiny Toes.  Head Start is also directly funding the Mexican American Opportunity Foundation (MAOF) and The Unity Council to deliver services to Contra Costa children and families.

“We will have Head Start funding for a total of 1,634 slots in Contra Costa County,” explained District 5 Supervisor Federal Glover, Chair of the Contra Costa County Board of Supervisors. “We welcome MAOF and The Unity Council as partners that can help Contra Costa expand access to infant-toddler care and preschool, especially for our Spanish-speaking and immigrant families in parts of West, Central and East County.”

“Contra Costa County is strongly committed to supporting the health and well-being of our children and families through our high-quality child development and education programs” said John Gioia, District 1 Supervisor who chairs the Head Start Committee for the County Board of Supervisors. “We are grateful and proud that the Federal Office of Head Start recognizes our outstanding teachers, administrators, and Early Childhood Education programs by continuing to fund us over the next five years to be the largest Head Start provider in Contra Costa.”

Head Start is a federal program that promotes school readiness for the most vulnerable young children from birth to age five, emphasizing the role of parents as their child’s first and most important teacher. Head Start operates locally to help young children from low-income families prepare to succeed in school, promoting their development through learning, health, and family wellbeing.

In Contra Costa County, funding for the 1,634 childcare slots in Early Head Start (infants and toddlers) and Head Start Preschool (3- and 4-year-old children) is as follows:

“With over six decades of dedication to empowering under-resourced families, MAOF is proud to expand our Head Start services in Contra Costa County,” said Dr. Ciriaco Pinedo, President and CEO of MAOF.  “For 30 years, we have been committed to laying the foundation for the future of generations of families through our Head Start programs and services, and today, through this partnership with the Office of Head Start, we continue this mission with renewed energy and purpose. MAOF will offer full-day year-round services through directly operated sites and partnerships with the YMCA of East Bay, Contra Costa College, and Child Start Inc. We are committed to ensuring that every child in the communities of Antioch, Hercules, Martinez, Pittsburg, Pinole, Richmond, Rodeo, and San Pablo has access to the early education they deserve.  As we continue to grow and serve, we carry with us the unwavering belief in the potential of every child to succeed.”

“Celebrating 60 years of The Unity Council and 11 years in Concord, we’re excited that we are expanding our Head Start services to more communities like Richmond, Pittsburg, and Oakley,” said Chris Iglesias, Chief Executive Officer of The Unity Council. “This grant allows us to continue our mission of serving those who need it most. We are grateful to the Office of Head Start for their support as we look forward to reaching even more families across Contra Costa County.”

To Apply

Families are encouraged to apply for current Head Start and Early Head Start openings by contacting the funded agencies:

Contra Costa County – (925) 272-4727 or [https://ehsd.org,]ehsd.org

MAOF – (510) 977-8667, sguerrero@maof.org, or maof.org

The Unity Council – unitycouncil.org, (925) 798-1013, or headstart@unitycouncil.org

Contra Costa County

The Employment & Human Services Department (EHSD) administers the County Head Start program. EHSD partners with the community to deliver quality services to ensure access to resources that support, protect, and empower individuals and families to achieve self-sufficiency, Head Start families benefit from seamless coordination of services accessible through the full portfolio of County-operated programs including public assistance, nutrition assistance, health, housing, and child welfare. contracosta.ca.gov

Mexican American Opportunity Foundation (MAOF)

Since its founding in 1963 by community leader and civil rights activist Dionicio Morales, MAOF has become one of California’s most prominent nonprofits. MAOF maintains a $250 million operating budget and serves over 125,000 under-resourced individuals annually across nine counties: Contra Costa, Monterey, Kern, Ventura, Los Angeles, San Bernardino, Riverside, Orange, and San Diego. Using a multi-generational approach, MAOF uplifts the whole family through early childhood care and education, community development, senior, and community partnership services. maof.org

The Unity Council

The Unity Council (officially known as the Spanish Speaking Unity Council) envisions a joyful, united, and engaged community where people have the power to shape their lives. Founded in 1964 as a nonprofit community development organization committed to enriching the quality of life primarily in the Fruitvale District of Oakland, its Mission is to promote social equity and improve quality of life by building vibrant communities where everyone can work, learn and thrive. unitycouncil.org

Civil rights lawsuit filed against City of Antioch, Antioch Police, Contra Costa Child Protective Services claims neglect led to 2022 toddler’s beating death

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CONTENT WARNING: Information included may be disturbing to some individuals

Antioch childcare facility, Pittsburg pediatrician also named

Attorney says agencies “utterly failed in their duties” to protect 18-month-old girl abused by parents also named in suit

San Francisco, August 20, 2024 — A federal civil rights lawsuit was filed in the beating death of an 18-month-old child in Antioch, alleging that a litany of individuals and agencies charged with protecting the tiny girl utterly failed in their duties and led directly to her death as the result of trauma inflicted by her biological parents.

The case, filed last week in Federal District Court on behalf of the two older siblings of the toddler, names the following defendants as negligently responsible for her horrific death: the City of Antioch, Antioch Police Department, Contra Costa Child Protective Services, Contra Costa County Regional Health Foundation, and a childcare facility, The Learning Center (actually named, The Learning Experience – see below), as well as the toddler’s biological parents, Jessika Fulcher and Worren Young, Sr.

The child was removed from her parent’s custody within weeks of her birth in February 2021 because she was in danger of neglect and abuse. Yet, over the next 16 months, the very people and institutions who were supposed to protect the toddler and her siblings failed to report obvious signs of abuse and/or failed to take action to prevent further trauma to the girl.

The child died August 26, 2022, from trauma so severe that it severed her pancreas and caused bleeding in her brain, according to doctors and the lawsuit.

The lawsuit seeks unspecified monetary damages, including punitive damages against the agencies and individuals named as responsible in the legal action.

“This child–who was still learning to walk–was brutally tortured and died a horrific death, all because the entire system that was supposed to protect her failed this innocent 18-month-old child,” said Brett Schreiber, attorney for the plaintiffs and partner at Singleton Schreiber law firm. “While her parents committed the physical abuse that killed her, their abuse was entirely enabled and abetted by social workers, police, hospitals and day care centers who should have stopped them.”

A juvenile court judge removed the toddler from the custody of her parents in March 2021, shortly after her birth.  When the child was born, both she and her mother had methamphetamines in their systems. In addition, both parents had outstanding warrants in Georgia. The children were placed in foster care.

Within weeks of the judge’s decision, however, Contra Costa County Child Protective Services (CPS) began a process intended to lead to reuniting the children with the parents, beginning with a “case plan” requiring close supervision of the parents. The case plan required the parents to submit to regular drug testing. The suit alleges that they missed half these mandated tests and failed many that they took.

A doctor at Pittsburg Health Center further noted injuries on the toddler, but neither the doctor nor the hospital notified CPS, and CPS never requested the hospital’s records.

Nonetheless, CPS soon allowed overnight visitations for the children with the parents, and by September 2021 enabled the parents to regain custody by concealing these and other facts from the judge.

The toddler returned to a household in turmoil, with Antioch police visiting the home at least three times in 2022. Yet the children remained in the home and no referral to CPS was made, even though the father was finally arrested for domestic violence and battery. The child’s daycare center, The Learning Center in Antioch, also alerted the mother regarding significant bruising on the toddler yet failed to make a mandated referral to CPS.

On August 25, 2022, Antioch Police Department officers and paramedics were called to the child’s home by her mother who reported that the girl was having trouble breathing. The girl was rushed to the hospital where doctors discovered she was the victim of severe, intentional injuries.

Her parents left the hospital during the night saying they were going out to smoke, but never returned. The girl died the following morning; a juvenile court hearing in April 2023 concluded that one or both parents were responsible for the fatal injuries.

“This was a complete dereliction of duty that resulted in the death of one young child and the lifelong loss and trauma for two others,” Schreiber said. “On behalf of those siblings, we are asking the court not only to compensate them for the life-long emotional scarring they will suffer, but also to punish those who failed to prevent this horrible tragedy so that it never happens again.”

Antioch City Attorney Thomas L. Smith and Interim Antioch Police Chief Brian Addington were asked on Tuesday afternoon if they had any comment about the lawsuit. Addington was also asked if lawsuits naming the police department are received by the chief or if they are handled by the city attorney’s office. Neither responded by publication time Wednesday evening.

Asked if the County had any comment on the lawsuit, Tish Gallegos, Community Relations and Media for the Contra Costa County Employment & Human Services Department responded, “The County has not been served with the lawsuit, therefore has no comment at this time.”

Asked whom at the County was served with the lawsuit, Sam Singer, of Singer Associates Public Relations representing Singleton Schreiber said, “I know the lawsuit was filed but it may not have been served, yet.”

The press release shows the case is O.Y., W.Y., and A.Y. v. County of Contra Costa, City of Antioch, Jessika Fulcher, Worren Young, Sr., Colleen Sullivan, Flynne Lewis, Contra Costa Regional Health Foundation, The Learning Center, Raji Ponnaluri, and Does 1 through 50, filed in U.S. District Court for the Northern District of California.

Correction, Details Provided on Named Parties

However, the name of the business is actually, The Learning Experience.

Provided with that information and asked how Sullivan, Lewis and Ponnaluri are related to the lawsuit, Singer shared details from the lawsuit, including: “over the next year, from March 2021 to April 2022, during the pendency of the dependency action, CPS workers—Defendants in this action— abysmally failed to protect O.Y. and W.Y. Defendants Colleen Sullivan and Does 1-10, CPS employees, repeatedly misled and deceived the juvenile court. They represented that Defendant Parents were complying with the court’s orders documented in a ‘case plan,’ when, in fact, Defendant Parents were violating the terms of the case plan.”

Singer also shared, “defendant Flynne Lewis was a pediatrician practicing medicine at the Pittsburg Health Center who was responsible for the health, safety, and welfare of Decedent O.Y. and Plaintiff W.Y. Defendant Lewis and staff working at the Pittsburg Health Center noted and documented signs of abuse and neglect of O.Y., but failed to report such information to CPS or any law enforcement agency.”

Finally, Singer provided details about the correct name for the business and its owner which reads, “At all relevant times, Defendant The Learning Experience was a daycare center located at 4831 Lone Tree Way, Antioch, CA 94531 which was owned and operated by Defendant Raji Ponnaluri.”

Singleton Schreiber is a client-centered law firm, specializing in mass torts/multi-district litigation, fire litigation, personal injury/wrongful death, civil rights, environmental law, and sexual abuse/trafficking. Over the last decade, the firm has recovered more than $2.5 billion for clients who have been harmed and sought justice. The firm also has the largest fire litigation practice in the country, having represented over 26,000 victims of wildfire, most notably serving plaintiffs in litigation related to the 2023 Maui wildfires, the Colorado Marshall wildfire, the Washington Gray wildfire, and others.

Allen D. Payton contributed to this report.