Contra Costa Herald

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

Coroner’s inquest jury determines death of homeless man while in Concord police custody in February was an accident

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

Sheriff-Coroner David O. Livingston announced that a Coroner’s Jury reached a finding in the February 8, 2019 death of 50-year-old Steven Kenneth Hankins, who was homeless and in the custody of the Concord Police at the time. The finding of the jury is that the death is an accident.

The Coroner’s Jury yesterday reached the 12-0 verdict after hearing the testimony of witnesses called by the hearing officer, Matthew Guichard.

According to authorities, police were called to the Concord Homeless Shelter at 2047 Arnold Industrial Way where Hankins was yelling and being violent. He was still “acting erratically and being violent” after police arrived, they said. After struggling with police, Hankins showed signs of medical distress. He became unresponsive and police attempted to revive him. Paramedics were called and after they arrived Hankins was declared dead at the scene.

A preliminary coroner’s report found Hankins had a “high concentration of methamphetamine” in his system, according to Concord Police spokesperson Lt. Mike Kindorf.

A Coroner’s Inquest, which Sheriff-Coroner Livingston convenes in fatal incidents involving police 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.

Allen Payton contributed to this report.

U.S. Attorney charges Concord man with possession of child pornography

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Ruben Edward Calle. Photo by Concord Police Department

OAKLAND –Ruben Eric Calle has been charged with possession of child pornography announced United States Attorney David L. Anderson and Homeland Security Investigations Special Agent in Charge Tatum King.

Calle, 54, of Concord, was charged in a criminal complaint filed October 29, 2019, and unsealed today.  According to the affidavit of a task force officer and member of the Silicon Valley Internet Crimes Against Children Task Force filed in connection with the criminal complaint, Calle possessed more than 600 sexually explicit images of child pornography.  Law enforcement agents found the child pornography when they executed a search warrant at Calle’s residence on July 11, 2018.  The images found in Calle’s possession are alleged to include depictions of an adult engaging in sexually explicit conduct with prepubescent children, including an infant or toddler.  Allegedly, the images also include depictions of sadistic and/or masochistic conduct.

The investigation into Calle’s conduct began in 2018 when the National Center for Missing and Exploited Children received two CyberTips.  Based on the information provided, investigators traced the uploading of child pornography on a peer-to-peer service to Calle’s residence.

Calle was arrested today in Concord and made his initial appearance in federal court in Oakland before U.S. Magistrate Judge Donna M. Ryu.  Calle’s next appearance is set for November 5 at 10:30 a.m. for a status and detention hearing before U.S. Magistrate Judge Kandis A. Westmore.

A complaint merely alleges that crimes have been committed and all defendants are presumed innocent until proven guilty beyond a reasonable doubt.  If convicted, the defendant faces a maximum sentence of 10 years (20 years if the images depict prepubescent children), and a fine of $250,000, plus restitution for each violation of 18 U.S.C. § 2252.  However, any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

Assistant U.S. Attorney Jonathan U. Lee is prosecuting the case with the assistance of Jessica Gonzalez Rodriguez and Kathleen Turner.  The prosecution is the result of an investigation by the Silicon Valley Internet Crimes Against Children Task Force, Concord Police Department, and United States Department of Homeland Security.

Rep. DeSaulnier announces reinstatement of Deferred Action possibly benefits Concord resident

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Screenshot of C-SPAN coverage of Isabel Bueso testifying before a Congressional Oversight and Reform Committee on Sept. 11, 2019.

Policy reversal signals that Isabel Bueso and other families will likely remain in the United States

Washington, DC – On Thursday, Sept. 19, Congressman Mark DeSaulnier (CA-11) issued the following statement after learning that U.S. Citizenship and Immigration Services (USCIS) will reinstate deferred action. The announcement signals that his constituent, Concord resident Isabel Bueso, and other families impacted by the initial decision to end the program will likely be allowed remain in the United States. (See related article)

“In a major victory, the Trump Administration will apparently reverse course and resume the deferred action program, allowing hundreds of deserving immigrants like Isabel Bueso to stay in the United States to receive life-saving medical care. We will continue to press the Administration for answers and assurances that this program is safe from future targeting and pursue our private bill to keep Isabel and her family in the United States permanently, but in the meantime, we breathe a sigh of relief. While I am dismayed that my colleagues and I had to step in to get the Administration to do what is right, I am grateful for the leadership of Chairman Jamie Raskin, Chairman Elijah Cummings, Congresswoman Ayanna Pressley, and the countless others who fought alongside me.”

Since Isabel Bueso and her family were denied deferred action, Congressman DeSaulnier has been actively working to save Isabel and her family from deportation. DeSaulnier has been actively working to save Isabel by:

  • Introducing a private bill (H.R. 4225) that would allow Isabel and her family to remain in the United States to continue to receive treatment for her rare, life-threatening disease.
  • Calling for an Oversight and Reform Committee hearing on the policy change. The hearing was held on Wednesday, September 11th, at which Isabel Bueso testified.
  • Sending a letter with Senator Kamala Harris (D-CA) petitioning the Acting Secretary of the Department of Homeland Security, Kevin McAleenan, to re-review the cases of the Bueso family.
  • Co-leading an effort with Immigration and Citizenship Subcommittee Chairwoman Zoe Lofgren (D-CA), Representatives Ayanna Pressley (D-MA), Judy Chu (D-CA), Lou Correa (D-CA), and Senators Edward Markey (D-MA) and Senator Elizabeth Warren (D-MA) and over 100 other lawmakers to DHS, ICE, and USCIS in demanding answers on USCIS’s decision to end consideration of non-military deferred action requests, including medical deferred action.

Concord man found guilty of first degree residential burglary

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By Scott Alonso, Public Information Officer, Contra Costa District Attorney

Last week, defendant Curtis Hill, a 59-year-old Concord resident, was convicted, by a Contra Costa County jury, of first degree residential burglary. On August 16, 2019, the jury returned findings that the Defendant had been convicted of three prior strike offenses – two prior residential robberies and a residential burglary. In his prior residential robbery conviction, he committed great bodily injury on a person over the age of 60.

The charges stem from the evening of August 3, 2018, when Hill entered the victim’s Concord home. He selected jewelry from a bedroom in the home and then fled the scene. Later that same evening, he was arrested by the Concord Police Department.

Hill has a long history of theft, violence, and disorderly conduct in the downtown Concord area. His behavior has made him a longstanding nuisance and danger to the residents of Concord and law enforcement in the area.

This conviction constitutes a third strike for the defendant. He is next in court on September 27, 2019, to set a sentencing before Judge Christopher Bowen.

Deputy District Attorney Chris Sansoe prosecuted the case on behalf of the People. DDA Sansoe is assigned to our Office’s Victims of Violent Crime Unit. The trial lasted 14 days in Department 40 before Judge Bowen.

Case information: People v. Curtis Lee Hill, Docket Number 05-181909-3

Concord man sentenced to 70 years to life in prison for molesting girl

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By Scott Alonso, Public Information Officer, Contra Costa District Attorney

Last Friday, Contra Costa County Superior Court Judge Lewis Davis sentenced defendant John Benny Gomez of Concord to 70 years to life in state prison. Last year, a jury found defendant Gomez guilty of nine felonies, including the molestation of a female victim, Jane Doe, under the age of 10.

The criminal conduct by Gomez also included forcible oral copulation against Jane Doe and showing the victim pornographic images on his phone. The District Attorney’s Office does not disclose the age or victim’s name in a sexual assault case to protect the confidentiality of the victim.

The criminal conduct occurred in January 2018 at a residence in Concord. The defendant was in a position of trust with the victim. He committed the attack in a remote location at the residence and used force multiple times against Jane Doe. Fortunately, a mandated reporter at the victim’s school conveyed the attack to authorities, which promoted a criminal investigation.

The case was prosecuted by Deputy District Attorney Diana Weiss with the Office’s Sexual Assault Unit. Concord Police Department was the lead law enforcement agency during the investigation. The trial lasted 24 days in June and July of 2018.

“The victim in this case is an innocent young girl. She did not ask for this. She was incredibly brave during this entire process. The defendant continues to this very day to not show any remorse or admit any responsibility for the horrific crimes he committed. I also want to express my deep appreciation for the jury in this case. The jurors heard ample evidence that the defendant was the sole person responsible for his criminal conduct,” said DDA Weiss.

Case information: People v. John Benny Gomez, Docket Number 05-180331-1

 

Rep. DeSaulnier to host Immigration Town Hall in Concord Thurs., Aug. 22

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Rep. Mark DeSaulnier

Congressman Mark DeSaulnier (CA-11) announced that he will host an Immigration Town Hall on August 22nd at 6:30 p.m. at Meadow Homes Elementary School in Concord.

This is the second in a series of town halls Congressman DeSaulnier is hosting on immigration. During the town hall, Mark will provide a firsthand account of what he witnessed at detention facilities on his two visits to the southern border and discuss the work he is doing in Congress to protect immigrant rights and ensure detainees are treated with the dignity they deserve. He will also discuss the Administration’s attacks on immigrant communities including its changes to asylum law, fight to put a citizenship question in the Census, and recently launched raids.

A variety of organizations will be on hand to provide legal resources, services, and information about protecting your rights—regardless of immigration status. Translation services will be available during the event.

This will be Congressman DeSaulnier’s 89th town hall and mobile district office hour since coming to Congress four years ago.

Immigration Town Hall
Thursday, August 22nd
6:30 p.m. to 8:00 p.m.
Meadow Homes Elementary School
1371 Detroit Avenue, Concord

Doors open at 6:00 p.m.

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

To confirm your attendance, please RSVP online at https://desaulnier.house.gov/town-hall-rsvp or call 925-933-2660. To request ADA accommodations or for more information contact one of Congressman DeSaulnier’s offices in either Walnut Creek or Richmond.

Concord man arrested for homicide in Saturday San Francisco shooting death

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By San Francisco Police

On Saturday, August 10, 2019 at -approximately 9:28 PM, San Francisco Police officers responded to a ShotSpotter notification in the area of the 1000 block of Oakdale Avenue. Officers arrived on scene and located 34year-old Dietrich Whitley, who was suffering from multiple gunshot wounds. Responding officers attempted lifesaving measures until relieved by paramedics. Mr. Whitley was taken to a hospital but unfortunately succumbed to his injuries.

The SFPD Homicide Detail began an investigation that led to the identification of a suspect. On Tuesday, August 13, 2019, investigators arrested 38-year-old Sauntek Harris of Concord in the city of Concord. He was booked at San Francisco County Jail on charges of homicide and a felon in possession of a firearm.

No booking photo is being released at this time due to pending identification matters.

Although an arrest has been made, investigators are asking anyone with information about this case to contact the San Francisco Police anonymously at 415-575-4444 or text-a-tip to TIP411 with SFPD at the start of the message.

Supervisors approve Tice Valley mental rehab facility with aid from Mental Health Advocates

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The Contra Costa County Board of Supervisors recognized the 50th anniversary of the Concord Jazz Festival, initially called the Concord Summer Music Festival begun in 1969 with a resolution at their meeting on Tuesday. At the presentation were from left, Chairperson John Gioia of Richmond, Supervisor Karen Mitchoff of Pleasant Hill, Visit Concord Marketing Specialist Shelley Mitchell, Supervisor Federal Glover of Pittsburg, Visit Concord Market & Outreach Shelbi Walker, Vice Chairperson Candace Andersen of Danville and Supervisor Diane Burgis of Brentwood. Photo by Daniel Borsuk.

Recognize 50th Anniversary of Concord Jazz Festival; Sheriff opposes oversight bill

By Daniel Borsuk

A mission undertaken by two Tice Valley Boulevard residents to sway the Contra Costa County Board of Supervisors to overturn a county planning commission land use permit approved to convert an existing elderly care facility into a psychiatric care facility backfired when the supervisors voted 5-0 to support the $2.5 million development on Tuesday.

About a dozen people spoke in favor of the project while two petitioners were against the development. Another Tice Valley resident, Penny Mahoney, opposed the project on grounds the development won’t care for patient’s older than 60 years old because the proposed National Psychiatric Care and Rehabilitation facility planned by Dr. Gregory Braverman will administer psychotropic drugs that can only be administered to patients ages 18 to 60 years old.

“This project morphed into something different,” said Mahoney.

Tice Valley Boulevard property owners Amy Majors, who was represented by land use attorney Terry Mollica, and neighbor Linda Uhrenholt appealed a planning commission’s decision supporting the developer Braverman and his National Psychiatric Care and Rehabilitation Services (NPCRS) plans to build a 12-bed facility at 2181 Tice Valley Blvd. in unincorporated Walnut Creek that had previously served as an elder care facility for eight residents. .

The new state licensed facility planned for Tice Valley Boulevard would specialize in providing 24-hour care for adult patients referred by Kaiser Permanente for stays on average lasting 18 days even though opponent Uhrenholt contended the developer’s letter of intent states “under no circumstances may a client’s length of stay exceed 3 months.”

Uhrenholt also cited “poor” Tice Valley area cellular connectivity presents potential emergency response problems and patient privacy violations.

Psychiatric disorders that will be treated at the Tice Boulevard facility will include schizophrenia, schizoaffective disorder, bipolar disorder, panic disorder, generalized anxiety disorder, post-traumatic stress disorder, major depressive disorder, adjustment disorder, personality disorder and obsessive-compulsive disorder.

“I just wanted them (County Planning Commissioners) to be on a level playing field,” appellant Majors told the Contra Costa Herald. Majors, the parent of a mentally disabled adult daughter, contends during the county planning commission process, commissioners, not the planning staff, did not give her and her fellow appellant, Uhrenholt, a fair hearing. “We were not given due process,” she contends.

Majors asserts political factors swayed the Planning Commission’s action.

Real estate attorney Mollica said it is too early to say whether his client will take any legal action against the county. The lawyer said the project is beginning to negatively impact home real estate sales in the area with some home prices recently dropping about $25,000 per transaction, a claim that District 2 Supervisor Candace Andersen of Danville disputed.

“Property values have not been impacted,” Andersen said. The supervisor also said prices of three homes in the Tice Valley Boulevard area have risen, recently. Additionally, the board vice chairperson supported the NPCRS development saying, “We need to demystify mental illness. I have family members with mental illness. I am for more mental health care facilities like this in the county.”

Rosemary Friedman, the mother of a bipolar daughter who stays at the University of California Davis, supports the NPCRS project because it would mean her daughter could be treated closer to home. “I want to let you know how badly we need this social rehabilitation facility in Contra Costa County,” she said.

Walnut Creek attorney Daniel Roemer said he supports the project because of his increased concerns about the shortage of mental health services and “I want to live in a community that takes care of itself.”

“These types of facilities are desperately needed in Contra Costa County,” said county mental health commissioner Douglas Dunn of Antioch.

“This is one type of facility that we don’t have in our county where people have to go out of county,” said District 5 Supervisor Federal Glover of Pittsburg. “Our families need these facilities so that they can be near their family members. This is something I would encourage more of in Contra Costa.”

Sheriff Livingston Opposes Sheriff Office Oversight Bill

At a rare public appearance before the Board of Supervisors, Contra Costa County Sheriff-Coroner David O. Livingston said he opposes state legislation, Assembly Bill 1185, that is sitting on Gov. Gavin Newsom’s desk for potential ratification or veto. The sheriff believes the governor will veto the bill.

During the hearing, supervisors and the sheriff listened to a number of speakers support state Assemblyman Kevin McCarty’s (Dem-Sacramento) bill, AB 1185. The supervisors’ hearing was held to comply with state law, the 2016 Truth Act signed by then-Gov. Jerry Brown that lays out the rules whereby sheriffs must comply when dealing with persons in their jails and ICE agents.

Sheriff Livingston said he and sheriffs in 57 other counties in the state have gone on record opposing the AB 1185 legislation pushed by human rights organizations to hold sheriff offices more accountable.

“I am an elected official. To say we don’t have oversight is ridiculous,” Livingston told the supervisors. “We have a lot of oversight. I’m happy to have people come to the jail for visits.”

“Until this year, between 2015 and 2017 we had no deaths in the jails,” said the sheriff. “Then, in 2018 there were six deaths.”

The sheriff’s office has recently installed ligature-proof bedding in all jail cells to reduce suicides. So far, this year there has been one death by suicide and one by pulmonary failure, the sheriff reported. In 2018 there were six jail related deaths, two by suicide and four to health or medical reasons.

Recognize 50th Anniversary of Concord Jazz Festival

The Supervisors recognized the 50th anniversary of the Concord Jazz Festival, initially called the Concord Summer Music Festival, begun in 1969 with a resolution at their meeting on Tuesday. The inaugural event drew 17,000 fans to a park that what would be later designated as Dave Brubeck Park, in recognition of jazz great and Concord native Dave Brubeck. Over the course of the last 50 years, the Concord Jazz Festival has featured jazz greats Count Basie, Rosemary Clooney, Ella Fitzgerald, Woody Herman, Marian McPartland, Poncho Sanchez, and Brubeck.   The festival was the idea of Carl Jefferson, who in 1973 started Concord Records which for 26 years had a strong jazz history in Concord, where talented musicians recorded albums that made the billboard charts.

From August 1 through August 10, the Concord Jazz Festival will sponsor jazz related events at different venue in the city.  For schedule information, go to www.concord.com.  Today, on August 3, the 50th Anniversary Jazz Festival and Art & Wine Expo will be held starting at 4 p.m. at the Concord Pavilion  It will feature Dave Koz & Friends Summer Horns, Esperanza Spalding, Chick Corea – The Spanish Heart Band, The Legendary Count Basie Orchestra featuring Patti Austin, Jamison Ross, Carmen Bradford and Poncho Sanchez & His Latin Jazz Band, and many more musicians.

Concord native serves aboard U.S. Navy Guided-Missile Destroyer in Pearl Harbor

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Petty Officer 3rd Class Aries Socrates. U.S. Navy photo by Mass Communication Specialist 1st Class David Finley.

By Lt. Courtney Prizer, Navy Office of Community Outreach

JOINT BASE PEARL HARBOR-HICKAM, Hawaii – A 2006 Contra Costa Christian High School graduate, 2013 Diablo Valley College graduate and Concord, California, native is serving in the U.S. Navy aboard the guided-missile destroyer, USS Chung-Hoon.

Petty Officer 3rd Class Aries Socrates works as a Navy fire controlman AEGIS aboard the forward-deployed Arleigh Burke-class guided-missile destroyer operating out of Joint Base Pearl Harbor-Hickam, Hawaii.

Socrates credits success in the Navy to many of the lessons learned in Concord.

“My hometown taught me the value of hard work and patience,” said Socrates, “Also, that the same day you plant the seed is not the same day that you will eat the fruit.”

Chung-Hoon measures approximately 500 feet and is powered by four gas turbines that allow the destroyer to achieve more than 30 mph in open seas.

Approximately 30 officers and 300 enlisted men and women make up the ship’s company. Their jobs are highly specialized and keep each part of the cruiser running smoothly, according to Navy officials. The jobs range from maintaining engines and handling weaponry to washing dishes and preparing meals.

As a Navy fire controlman AEGIS, Socrates is responsible for the computers and servers that provide the ship’s overall navigation and combat picture.

According to Navy officials, destroyers are tactical multi-mission surface combatants capable of conducting anti-air warfare, anti-submarine warfare and anti-surface warfare, as well as humanitarian assistance. Fast, maneuverable, and technically advanced, destroyers provide the required war-fighting expertise and operational flexibility to execute any tasking overseas.

Being stationed in Pearl Harbor, often referred to as the gateway to the Pacific in defense circles, means Socrates is serving in a part of the world taking on a new importance in America’s focus on rebuilding military readiness, strengthening alliances, and reforming business practices in support of the National Defense Strategy.

“Our priorities center on people, capabilities and processes, and will be achieved by our focus on speed, value, results and partnerships,” said Secretary of the Navy Richard V. Spencer. “Readiness, lethality and modernization are the requirements driving these priorities.”

Though there are many ways for sailors to earn distinction in their command, community, and career, Socrates is most proud of graduating from boot camp and technical school and now serving on a ship stationed in Hawaii.

“Dedication and persistence to my personal goals and family helped to push me through to reach where I am now,” said Socrates.

As a member of one of the U.S. Navy’s most relied upon assets, Socrates and other sailors know they are part of a legacy that will last beyond their lifetimes, one that will provide a critical component of the Navy the nation needs.

“Serving the Navy means working on and reflecting on myself and my goals,” added Socrates. “Through various obstacles presented on the job, I am constantly being tested, allowing me to build myself up in some way. I have been growing in patience, resilience, and physical strength, as well as taking more initiative.”