Contra Costa Herald

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

DA Becton announces end of backlog of untested sexual assault kits

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

On Tuesday, March 12, 2019, District Attorney Diana Becton and staff attended an event in New York City to announce the end of the backlog of untested sexual assault kits in Contra Costa County. These results come from the Contra Costa County District Attorney’s Office participation in the Manhattan District Attorney’s Sexual Assault Kit Backlog Elimination Grant Program, a three-year grant program to test sexual assault kits.

Our Office was one of 32 grantees funded, totaling $1,841,535 to test 1,246 kits since 2015. The testing of these kits allowed for DNA evidence to be uploaded to the national DNA databank to assist in investigations and identify offenders.

“We partnered with 24 law enforcement agencies in our community to erase the backlog of sexual assault kits in Contra Costa County,” said Becton. “I want to express my gratitude for our partners working with our office to end the backlog. Testing these kits can help bring closure and justice to sexual assault victims. We are going to continue working on this issue to ensure we never have a backlog in our community again.”

To ease the burden of testing these kits, through this grant our Office collected the untested kits from participating agencies and sent the kits to Sorenson Forensics in Utah. The collaboration between Sorenson Forensics, the Contra Costa County Sheriff’s Crime Lab and our Office allowed for a more efficient process of testing these kits.

Due to state law in California, law enforcement agencies have mandated reporting timeframes to test these kits. If an agency chooses not to test, they have to substantiate their reasons to the California Department of Justice. Our Office will continue to monitor the progress of all agencies in Contra Costa County to ensure state law is followed and no kits remain untested.

Overall, the Manhattan District Attorney’s program tested 55,242 kits and resulted in 18,803 DNA profiles uploaded into the Federal Bureau of Investigation’s Combined DNA Index System (CODIS). Locally, the results here for our kits were:

  • 1,246 kits DNA tested (1978 to 2016)
  • 182 DNA profiles entered into CODIS
  • 122 Confirmatory hits
  • 51 Offender hits
  • 8 Cases reopened for further review by law enforcement agencies
  • Full compliance of all participating agencies

Charges filed against El Sobrante murder suspect

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

The Contra Costa District Attorney’s Office has filed formal charges against Jorge Ortega Campos in connection with the killing of Michael Bagwell in El Sobrante in January. (See related article).

On January 26, 2019, at about 12:22 PM, Deputy Sheriffs were dispatched to a report of shots fired with a man down in the intersection of Jasmine Court and Jasmine Way in El Sobrante. Deputies arrived on scene and found a man deceased at that location. He suffered from gunshot wounds. The victim was identified as 52-year-old Michael Bagwell of Richmond.

Homicide Detectives from the Office of the Sheriff identified 38-year-old Campos of Richmond/Pinole as the suspect in the killing. Detectives later that day discovered Campos was being held in the Martinez Detention Facility (MDF) on unrelated charges. Apparently, an alert resident called police when he saw Campos acting suspiciously on Mountbatten Court in Concord. That resident was able to detain him until police arrived. At the time, Campos was booked into the MDF on numerous charges including drug possession and parole violation.

Campos is still being held at MDF. His charges now include murder and carjacking in connection with the killing of Bagwell. He is being held without bail.

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

Sacramento man found guilty for 4 counts of murder from 2017 fatal DUI collision in San Pablo

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Screenshots of CBS13 Sacramento new report, Nov. 26, 2017.

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

On March 4, a Contra Costa County jury found defendant Fred Lowe of Sacramento guilty of seven felonies, including the murder of four victims from a collision caused by Lowe on Sunday, Nov. 26, 2017. After the fatal crash, Lowe fled the scene of the incident and was later found by law enforcement officers. Lowe was driving under the influence of alcohol at the time of the crash and he had five prior DUI convictions. Lowe’s blood, drawn four hours after the crash was measured at .19% and an expert testified that his blood alcohol level at the time of the crash would have been approximately .24%. (See related CBS13 Sacramento rews report)

Lowe sideswiped the victim’s Nissan Rogue as he traveled at an unsafe speed east bound on Interstate-80 west of El Portal Drive in San Pablo. After the initial impact from the crash, Lowe’s vehicle forced the Nissan Rogue against the center divider at which point the Nissan Rogue went over the divider into oncoming west bound traffic, where it was hit by two westbound vehicles. Three additional people in those vehicles were treated for serious injuries.

The four deceased victims are Joseph Horn, his father Darryl, Baden Biddle and his father Troy Biddle. Joe Horn’s older brother Jared was the driver of the Nissan Rogue and was only slightly injured. The Biddle Family were relatives of the Horn’s visiting from out of state over the Thanksgiving weekend.

Lowe now faces a maximum sentence of over 125 years to life in state prison. Sentencing will occur on March 29, 2019 in front of the Honorable John W. Kennedy – Department 8 of the Contra Costa County Superior Court in Martinez. Contra Costa County Deputy District Attorney Derek Butts prosecuted the case on behalf of the People. The case originated in the Office’s Homicide Unit.

The tragic loss of life in each of these incidents underscores the very real danger to the citizens of our County when drivers choose to get behind the wheel and drive under the influence of alcohol or drugs. The District Attorney’s Office and the law enforcement agencies of Contra Costa County are committed to ensuring the safety of the public on our roadways and to the prosecution of those who drive under the influence to the fullest extent of the law.

The felony counts against Lowe for his verdict:

  • Count 1, Murder
  • Count 2, Murder
  • Count 3, Murder
  • Count 4, Murder
  • Count 5, Driving Under the Influence of Alcohol Causing Injury Within 10 Years of Two Other DUI Offenses
    • Enhancement 1, Great Bodily Injury
    • Enhancement 2, Great Bodily Injury
    • Enhancement 3, Bodily Injury to More than One Victim
  • Count 6, Driving with a .08% BAC Causing Great Bodily Injury Within 10 Years of Two Other DUI Offenses
    • Enhancement 1, Great Bodily Injury
    • Enhancement 2, Great Bodily Injury
    • Enhancement 3, Bodily Injury to More than One Victim
  • Count 7, Leaving the Scene of an Accident
  • Special Allegation, Prior Serious Felony (Counts 1-4)
  • Special Allegation, Prior Serious or Violent Felony Prior (Counts 1-7)

Case information: People v. Fred Douglas Lowe, Docket Number 05-181540-6

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.

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

San Ramon Police seek suspect in attempted kidnapping of teenage girl on Friday, Feb. 22

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From San Ramon Police Facebook Page

Please see above the forensic sketch and details from the incident that was reported on Friday, Feb. 22, 2019, in San Ramon.

On Friday, Feb. 22, 2019 at approximately 5:30 p.m. a 13-year-old female was walking in the 500 block of Fallen Leaf Circle when an Indian male driving a white, possibly Nissan Rogue hatchback four-door vehicle, pulled up and contacted her. The unidentified male told her, “Your Dad asked me to pick you up and drop you off at your house.”

When she said “No thanks,” the male reached across to the passenger side and through the window, tried to grab the juvenile’s arm, but instead brushed her sweater sleeve as she pulled back. The juvenile ran to the nearby Iron Horse Trail and hid in the bushes until the subject left the area. The juvenile immediately called her mother and father (as evidenced by her call log).

The suspect is described as follows:

*East Indian male

*Dark skin color

*35-50 years old

*Light blue circle around the left eye

*Shaggy hair

*Spoke with an Indian accent with a lisp

*Wearing a black hooded jacket over a light blue or grey Nike shirt

*Ring on right hand with two overlapping snakes

The suspect vehicle is described as follows:

Possibly a Nissan Rogue. 4 Door hatchback, white in color, yellow star with smiley face sticker on front windshield, partial California plate of 7HM…6, back passenger side windows darkly tinted.

Any tips can be reported to the San Ramon Police Dispatch Center at (925) 973-2779.

Sheriff’s Office investigates Friday homicide of teen in Bay Point

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

On Friday, February 15, 2019, at about 8:48 PM, Deputy Sheriffs were dispatched to an unknown medical problem on the first block of Lancaster Circle in Bay Point. The Sheriff’s Office was later told that someone was shot at that location.

Deputies arrived finding a person on the ground. The 18-year-old man suffered from a gunshot wound. The fire department and an ambulance arrived. The victim was later pronounced deceased at the scene. The victim is not being identified at this time.

The investigation is ongoing by Detectives from the Homicide Unit.

Anyone with any information about this case is asked to contact the Investigation Division at (925) 646-2441 or (925) 313-2600. For any tips, call 866-846-3592 to leave an anonymous voice message or email: tips@so.cccounty.us.

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.

Sheriff’s Detectives investigate attempted rape near Pittsburg-Bay Point BART Station on Thursday

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Attempted rape suspect sought by County Sheriff’s Detectives. Photos by CCCSheriff.

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

Thursday afternoon at about 1:04 PM, Contra Costa County Sheriff’s Deputies were dispatched to an alleged rape. A woman told Deputies she got on a Bay Area Rapid Transit (BART) train in San Francisco and was approached by a man. The two started a conversation. They got off the BART train at the Pittsburg/Bay Point station and exited the station. They walked north on Bailey Road.

Sometime during their walk while in a vacant field near Mims Avenue and Canal Road, the man exposed himself to the woman and told her to perform a sexual act on him. The suspect then physically assaulted the victim and tried to remove her clothing, but the victim fought him off and was able to get away. The victim was taken to the hospital as a precaution.

The suspect in this case was described as a black male adult, possibly in his 20’s, approximately 5’8” to 5’9”, medium build, with some facial hair. The suspect was last seen wearing black athletic shoes, blue jeans, and a white or gray hooded sweater under a hooded black jacket with fur trim on the hood. He was also carrying a red and black colored messenger style bag. Several photos of the suspect are attached.

Anyone with any information about this case is asked to contact the Investigation Division at (925) 646-2441 or (925) 313-2600. For any tips, call 866-846-3592 to leave an anonymous voice message or email: tips@so.cccounty.us.

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.