Contra Costa Herald

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

County Sheriff cancels contract with ICE at West County Detention Facility

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The West County Detention Facility in Richmond. File photo

Contra Costa County Sheriff David Livingston announced, today the end to the county’s contract to hold Immigration and Customs Enforcement (ICE) detainees at the West County Detention Facility in Richmond. He was joined at a press conference by Board of Supervisors Chair Karen Mitchoff and Vice Chair John Gioia, in whose district the facility is located.

Following is the Sheriff’s complete statement:

“Today I am announcing that I am ending the contract with ICE to hold detainees at our dormitory buildings on our Richmond jail facility,” he said. “I recently notified ICE of this decision and asked them to begin the process of removing their detainees in a safe and orderly manner. The contract requires 120-day notice and they have told me they will try to resolve as many open-ended immigration cases as they can during this period of transition.

To be clear, the Sheriff’s Office does not do immigration enforcement. In fact, our policy prohibits it. These detainees are not arrested for immigration violations by us or any other law enforcement organization or agency in the county. They were instead persons ICE brought to us under the terms of the contract from all over Northern California and beyond.

There is not one single over riding issue that causes the termination of this contract. Instead there are many. And I am not here to comment on ICE’s enforcement policies or any of their federal partners’ policies. Instead I want to explain the reasons why we are cancelling the contract.

First, we have held an average of about 200 adult detainees a day. And that has generated about $2.5 – 3 million dollars in annual revenue. That revenue varies year to year. Losing it would likely result in the lay-off of Deputy Sheriffs and that was something I was unwilling to do. Instead, working closely with the Chair and Vice-Chair of the Board, and ultimately with the full board, we have found a solution that will backfill the expected budget deficit going forward including the use of state funds to minimize the impact on local taxpayers.

Second, the number of detainees constantly fluctuates. We cannot rely on budget projections and ICE could always decide to move their detainees to another facility.

Third, county employee and operating costs have risen over the years, But the reimbursement rate has not. Long term the contract is just not sustainable.

Finally, the outstanding work by the over 1,000 employees of the Office of the Sheriff have been overshadowed by the attention that the ICE contract brings, even though immigration is a matter of federal law. Managing protests in Richmond have become expensive and time-consuming for our staff.

And to be very fair, one must acknowledge a growing chorus of community groups and individuals from both within and outside the county, that have focused on undocumented immigrants’ issues. And they raise important concerns.
Obviously, this action today does not address the larger and more complex issue of federal immigration enforcement. Most of us have compassion for those to come here seeking a better life but we are a nation of laws. And to be sure, those who come here undocumented who commit new crimes while here will be arrested and processed into our jails as they are currently. That will not change.

My number one priority remains and will continue to be keeping Contra Costa County safe.”

Photo by Contra Costa County Sheriff.

Gioia, who has long publicly opposed the contract, spoke forcefully about why the policy was harmful to families and eroded trust with immigrant communities. He thanked both Sheriff David Livingston for ending the contract and the thousands of residents across Contra Costa who joined in calling for an end to the ICE contract.  According to an ABC7 News report “The West County facility currently houses 169 ICE detainees, part of a longstanding agreement that netted the county up to $3 million per year.” 

“This is an historic day in Contra Costa County,” said Gioia. “Sheriff Livingston’s decision to cancel his Federal contract to hold ICE detainees at the West County Detention Facility is an important and positive step to build greater trust with our hard-working immigrant families here in Contra Costa.”

“I appreciate and thank Sheriff Livingston for making this decision,” Gioia continued. I know that thousands of Contra Costa residents countywide also thank Sheriff Livingston for this action.  To the thousands of our county’s residents who have passionately advocated for an end to the detention of immigrants at the West County Jail, thank you. Thank you for your consistent and loud advocacy. Your actions do make a difference. The Sheriff’s decision was based on a number of factors. Your voices were one of those factors. I thank Sheriff Livingston for listening to the opinion of the large number of sincere and passionate residents who believe that our County should not use our local jail to house ICE detainees.”

However, according to the ABC7 report, “Mitchoff opposes canceling the ICE contract, primarily out of concern about where current and future Bay Area detainees might be sent. ‘I’m sorry to be losing the contract,’ Mitchoff explained. ‘Unfortunately, with the closure of this facility, those individuals that ICE is not able to release through the normal process will be sent to other places throughout the United States.’”

“We don’t know ultimately what ICE will do with these detainees,” Livingston said.

Congressman Mark DeSaulnier (D-CA11) issued the following statement after the Sheriff’s announcement.

“Having called for the termination of the contract, I support the Board of Supervisors’ decision and look forward to working with them on making sure the concerns of the community and clients are addressed,” he said.

Following multiple and varying allegations of abuse by ICE agents at the West County Detention Facility, DeSaulnier called for the termination of the County’s ICE contract in March of this year, and he urged U.S. Attorney General Jeff Sessions and California Attorney General Javier Becerra to conduct a third-party investigation of the West County Detention Facility. Contra Costa County is the only of the nine Bay Area counties that has a contract ICE.

Following accusations of mistreatment of ICE detainees, DeSaulnier and Livingston toured the facility, last November and the Sheriff’s investigation found the claims to be unfounded.

Please check back later for updates.

Allen Payton contributed to this report.

Sheriff’s Deputies investigate Saturday night homicide in El Sobrante

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

On Saturday at about 10:30 PM, Deputy Sheriffs were dispatched to a report of gunshots in the parking lot of a business on the 5200 block of Sobrante Avenue in El Sobrante.

When Deputies arrived, they found a 28-year-old man suffering from gunshot wounds. Deputies performed CPR on the victim who was later pronounced deceased by ambulance personnel. He is not being identified at this time.

Detectives from the Homicide Unit as well as the Crime Lab responded to the scene. The investigation is ongoing.

Anyone with any information on this incident or the identity of the suspect is asked to contact the Office of the Sheriff Investigation Division at (925) 313-2600. For any tips, please email: tips@so.cccounty.us or call 866-846-3592 to leave an anonymous voice message.

San Pablo man found guilty of 2015 torture, violent sexual assault of female victim

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Branded victim with initial of his nickname

Aleem Niweigha. Photo from his Facebook page posted on June 29, 2015.

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

On June 28, a Contra Costa County jury found defendant Aleem Niweigha guilty of three felony counts for torturing his victim by making her strip naked and repeatedly burning his victim with scalding hot water and metal objects he heated on their stove. The defendant also branded the letter “Z” onto her back and violently sexually assaulted her.

Niweigha now faces a sentence of 39 years to life in State Prison. The District Attorney’s Office wants to thank the jury for their work on this domestic violence case. The victim, Jane Doe, suffered immense emotional and physical harm at the hands of Niweigha.

Contra Costa County Deputy District Attorney Nichelle Holmes prosecuted the case on behalf of the People. The jury trial lasted ten days before the Honorable Charles Burch in Department 23 at the Martinez Superior Court. Sentencing for the defendant will occur on July 13.

“Jane Doe displayed tremendous courage by coming forward and confronting her abuser when she took the stand and testified against him. She disclosed extreme physical and psychological torture the hands of the defendant that lasted for years. During this process, we watched Jane Doe transform from a victim to a survivor,” said DDA Holmes. Holmes is a prosecutor in the Community Violence Reduction Unit. She also served as a prosecutor in the Domestic Violence Unit for four years and was the first prosecutor to be co-located at the Richmond Family Justice Center.

In the spring of 2015, a friend of Jane Doe’s called Children and Family Services’ emergency hotline to report concerns about the wellbeing of Jane Doe and her children. In an investigation that also included the Richmond Police Department, significant burns were discovered on Jane Doe’s face, neck and arms. Officials later discovered that Jane Doe had burn marks covering most of her body and a large initial “Z” branded onto her back.

Jane Doe later disclosed that while they lived together, Niweigha repeatedly used boiling hot water mixed with peanut butter and oil to burn her. Before he threw the boiling water on Jane Doe, Niweigha would order Jane Doe to take off her clothes and remain naked while she was burned. Niweigha mixed the hot scalding water with these ingredients to ensure they stuck on Jane Doe’s body. Jane Doe suffered immense burns from her face down to her knees.

In addition, Niweigha used a metal pipe that was heated on the stove to burn the initial “Z” on Jane Doe’s back against her will while she was restrained on his lap. Niweigha’s nickname was “Zeem.” He also burned her with a heated metal screw attached to a stick. On Mother’s Day, Niweigha committed a violent sexual assault against Jane Doe, which resulted in her hospitalization for two days.

Jane Doe was able to obtain services and support from the Family Justice Center. All victims of interpersonal violence (domestic violence, sexual assault, human trafficking, elder/dependent adult abuse and child abuse) can get help by visiting the Family Justice Centers in Richmond (256 24th St.) or Concord (2151 Salvio St., Ste. 201). DA Holmes believes that it was with this support that Jane Doe was finally able to disclose the full magnitude of the abuse she suffered to Richmond Police Detectives co-located there and break free from the cycle of domestic abuse. Law enforcement officials, Contra Costa County Children and Family Services Division and the District Attorney’s Office were then able to make a case against Niweigha and hold him accountable for these crimes. The District Attorney’s Victim-Witness Assistance Center continues to provide services to Jane Doe and her children.

If you or someone you know has been affected by interpersonal violence – get help by reporting the abuse to police, by calling the STAND! for Families Free of Violence 24-hour toll free crisis line at 1-888-215-5555 or visiting the Family Justice Centers in Richmond (256 24th St.) or Concord (2151 Salvio St., Ste. 201). In an emergency, always call 911.

The complete list of charges and enhancements against the defendant are as follows:

  • Count 1, Torture
  • Count 2, Aggravated Mayhem
  • Count 3, Sexual Penetration by Foreign Object
  • Enhancement 1, Special Allegation-Great Bodily Injury
  • Enhancement 2, Special Allegation-Aggravated Circumstances

Case information: People v. Aleem Niweigha, Docket Number 05-160618-5.

Coroner’s inquest finds Antioch man shot by Pittsburg police died “at the hands of another person, other than by accident”

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Terry Amons in July, 2017 from his Facebook profile.

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 has reached a finding in the January 12, 2018 death of Terry Dean Amons Jr. who was shot by Pittsburg Police. The finding of the jury is that the death is “at the hands of another person, other than by accident.” See related Antioch Herald article.)

The Coroner’s jury reached a verdict after hearing the testimony of witnesses called by the hearing officer, Matthew Guichard.

A Coroner’s inquest, which Sheriff-Coroner Livingston convenes in fatal incidents involving peace 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.

See a KRON4 news report about Amons’ death.

Allen Payton contributed to this report.

Contra Costa jury convicts man for felony stalking of family members

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On Wednesday, June 20, 2018 a Contra Costa County jury found defendant Todd Andrew Mayer guilty of two felony counts of stalking family members. The jury also determined Mayer was guilty of six misdemeanors for violating restraining orders that were issued by the court for the protection of his mother. Mayer lived out of state but, his family lived in Danville. He was arrested by Danville Police.

Contra Costa County Deputy District Attorney Chris Sansoe prosecuted the case on behalf of the People. Sansoe is a prosecutor in the Domestic Violence Unit. The jury trial lasted eight days before the Honorable Nancy Stark. Sentencing for the defendant will occur on July 20, at 9:00 a.m. Mayer could face up to 11 years in state prison.

“I am glad the jury was able to see the defendant’s actions for what they were, terrifying. I hope that the victims and their families can find some peace after this long struggle,” said DDA Sansoe.

In September 2016, after years of verbal and emotional abuse, Mayer’s wife filed for a restraining order for herself and children. She followed the procedures of the Contra Costa County Superior Court and was awarded a restraining order. Within days of receiving the order, Mayer violated the order.

Mayer then began to threaten other members of his family, including his brother and his mother. In March of 2017, Mayer’s brother had applied for and received a restraining order as well. This order prohibited Mayer from contacting his brother, or his brother’s family. Mayer’s mother would also apply for and receive a restraining order. As with his wife, the defendant violated these orders within days. Because of his violations of the restraining orders, his family members blocked his phone number and stopped responding to his violations.

After being blocked from calling or texting by the victims, Mayer switched his harassment to email form. Between March 25, 2017 and his arrest on October 10, 2017, Mayer sent his wife, brother, and mother hundreds of emails. The victims did not respond to these emails. As time passed, Mayer’s emails became more and more threatening in nature.

These threats included statements that Mayer would murder his former wife, brother, and his brother’s family. As time progressed, Mayer’s threats became more descriptive and detailed. On October 3, 2017, Mayer threatened to murder his brother’s wife and child in front of his own brother. In addition, Mayer used the film “Law Abiding Citizen” and its theme to threaten his brother. On October 6, 2017, Mayer sent an email to his family members, in which he threatened to do a Las Vegas type shooting. This threat was five days after the mass shooting occurred on the Las Vegas strip.

Stalking is a serious crime that is often an indicator of other forms of violence. The National Coalition Against Domestic Violence reports that 81 percent of women who were stalked by a current or former husband or cohabitating partner were also physically assaulted by that partner; 31 percent of women were sexually assaulted. 75 percent of women murdered by an intimate partner were stalked first; 85 percent of women who survived murder attempts were stalked. Nearly 3 out of 4 victims know their stalkers in some capacity and the most common relationship between the victim and the perpetrator is a current or former intimate partner. 1 in every 6 U.S. women and 1 out of every 19 U.S. men have been staked in their lifetime.

Abusers use stalking to intimidate and control their victims and the pattern of threats and harassment can come in many forms as it did in this case. Victims can get help by reporting the conduct to the police, by calling the STAND! for Families Free of Violence 24-hour toll free crisis line at 1-888-215-5555 or visiting the Family Justice Centers in Richmond (256 24th St.) or Concord (2151 Salvio St., Ste. 201). In any life-threatening emergency, victims should always call 911.

Case information: People v. Todd Andrew Mayer, Docket Number 05-180613-2

Nationwide Operation Broken Heart results in online child exploitation arrests in county

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Investigators with the Contra Costa County Internet Crimes Against Children Task Force recently participated in the nationwide Operation Broken Heart, a nationwide effort to investigate individuals exploiting children on the internet. Throughout March, April and May, the team conducted investigations of subjects who distributed child pornography over the internet and focused on individuals traveling to Contra Costa County to meet minors to engage in sexual activity.

In addition to the proactive investigations the ICAC team participated in, a significant school outreach program was also undertaken to teach parents and students about the risks associated with smartphones and social media. During the three-month period, investigators and prosecutors delivered presentations at six schools, reaching 140 parents and over 300 students. During the 2017/2018 school year, the ICAC task force has delivered presentations to over 300 parents and over 2,800 students in Contra Costa County.

The three-month nationwide operation by the ICAC Task Force Program resulted in the arrests of 2,300 suspected online child sex offenders.

“No child should ever have to endure sexual abuse,” U.S. Attorney General Jeff Sessions said. “And yet, in recent years, certain forms of modern technology have facilitated the spread of child pornography and created greater incentives for its production. We at the Department of Justice are determined to strike back against these repugnant crimes. It is shocking and very sad that in this one operation, we have arrested more than 2,300 alleged child predators and investigated some 25,200 sexual abuse complaints. Any would-be criminal should be warned: this Department will remain relentless in hunting down those who victimize our children.”

Some notable arrests and investigations conducted during Operation Broken Heart include:

-On April 6, 2018, investigators arrested Russell Meirose of Milpitas, California. Meirose was arrested after chatting online with someone he believed to be a 13-year old girl and enticing her to meet for sex. Meirose was arrested at a hotel in Pleasanton after he rented a room for the girl and himself. The girl he was talking to was actually an undercover police officer. Meirose has been charged with multiple felonies including attempted lewd acts with a child and arranging to meet a minor for sex.

-On April 19, 2018, investigators arrested Andrew Lund, a fourth grade teacher and school supervisor at Glen Cove Elementary school in Vallejo. Lund was arrested after it was determined he was sending harmful material to a person he believed to be a minor and attempting to arrange a meeting with that 14-year-old girl for sex. In reality, Lund was chatting with an undercover police officer. When investigators searched his house in Vallejo, they located child pornography on Lund’s cell phone. Lund has been charged with possession of child pornography and sending harmful material to a minor, among other charges.

In conjunction with Operation Broken Heart, on May 25, 2018, which is nationally recognized as Missing Children’s Day, the ICAC task force executed three search warrants in Contra Costa County, targeting offenders distributing child pornography.

-Investigators with the Contra Costa County District Attorney’s Office, Contra Costa FBI Safe Streets Task Force, San Ramon Police Department, United States Secret Service, San Jose Police Department, Santa Clara County Sheriff’s Office and the Contra Costa County Probation Department served a search warrant in the 1200 block of Elmwood Drive in Walnut Creek. Investigators located a significant quantity of child pornography on computer devices inside of the home and the Contra Costa County District Attorney’s Office is currently reviewing the case for potential criminal charges.

-Investigators with the Contra Costa County Sheriff’s Office served a search warrant in the 200 block of Hillside Ave in Antioch. Investigators located a significant quantity of child pornography on computer devices inside of the home and arrested Raymond Myers for possession of child pornography. The Contra Costa County District Attorney’s Office is currently reviewing the case for potential criminal charges.

-Investigators with the Contra Costa County District Attorney’s Office and Homeland Security Investigations, Child Exploitation Unit, served a search warrant on Brush Creek Drive in Pittsburg. Investigators located a significant quantity of child pornography on computer devices inside of the home and the Contra Costa County District Attorney’s Office is currently reviewing the case for potential criminal charges.

The Silicon Valley Internet Crimes Against Children Task Force 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 Sheriff’s Office, Contra Costa County Probation Department and Contra Costa County District Attorney’s Office participate in the task force along with Special Agents from the United States Department of Homeland Security and the United States Secret Service.

Parents are encouraged to discuss online safety with their children and can visit the website www.kidsmartz.org for further information. If you believe your school or community organization would benefit from a smartphone and social media awareness presentation, please contact Deputy District Attorney Lauren Whalen at lwhalen@contracostada.org or Senior Inspector Darryl Holcombe at dholcombe@contracostada.org.

Sheriff identifies inmate who committed suicide as suspect in eight-count child molestation case

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

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

At approximately 7:43 AM Tuesday, a Deputy Sheriff at the Martinez Detention Facility found an inmate who had hung himself in the shower.

The inmate was unresponsive. Deputies called for medical staff at the facility and began CPR. An ambulance and the fire department also responded to MDF. The inmate was later pronounced deceased at the scene.

The inmate has been identified as 52-year-old Phillip Andrew Jacobson of Antioch. He was arrested and booked into jail on July 11, 2017 by the Antioch Police Department. He was being held on eight felony counts of child molestation. His bail was set at $4,150,000.

Arrest photos of child molesters are not typically released by the Antioch Police Department out of respect for the victims.

Sheriff investigates in-custody death of male inmate at Martinez Detention Facility Tuesday morning

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

At approximately 7:43 Tuesday morning, a Deputy Sheriff at the Martinez Detention Facility found an inmate who had hung himself in the shower.

The inmate was unresponsive. Deputies called for medical staff at the facility and began CPR.

An ambulance and the fire department also responded to MDF. The inmate was later pronounced deceased at the scene.

The inmate’s identity is being withheld pending notification of next of kin.

The in-custody death protocol was initiated. Investigators from the Contra Costa County Office of the Sheriff and the District Attorney’s Office are conducting an investigation into the death.

Six-hour standoff in El Sobrante ends peacefully with surrender and arrest Sunday night

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

On Sunday, June 10, 2018 at about 4:20 PM, Office of the Sheriff Dispatch received a call regarding a person on the 3800 block of La Colina Road in El Sobrante standing on the balcony with a rifle aimed at a neighbor’s home. The suspect also apparently threatened the neighbor.

Deputy Sheriffs responded and established a perimeter. Deputies made numerous attempts to communicate with the suspect, who initially came out on the balcony. He later retreated into the residence.

Members of the Sheriff’s Office HNT (Hostage Negotiation Team) responded and tried to communicate with the suspect, who would only speak briefly and then hang up the phone. Nearby residents were evacuated as a precaution. At about 10:53 PM, HNT was able to convince the suspect to surrender. The suspect exited his residence, complied, and was taken into custody without incident.

The suspect is identified as 51-year-old Alex Studer of El Sobrante. He was booked into the Martinez Detention Facility on several charges – making criminal threats, exhibiting a firearm and obstruction. He is being held in lieu of $25,000 bail.

Vehicle identified in North Richmond homicide investigation

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The suspect vehicle is described as a dark blue or black colored Jeep Grand Cherokee, possibly a 2016 model. Photo by CCC Sheriff.

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

Detectives from the Contra Costa County Office of the Sheriff Investigation Division are continuing to investigate a homicide that occurred in North Richmond on Friday morning, June 1, 2018.

At about 6:28 AM, Deputy Sheriffs were dispatched to the 1500 block of Giaramita Street in North Richmond for a report that someone was shot in a vehicle. Deputies arrived and found a man suffering from gunshot wounds. The victim was transported to a local hospital and later taken by helicopter to a local trauma center. The victim was later pronounced deceased.

The victim is identified as 22-year-old Taison Calderon-Lopez of North Richmond and San Rafael.

The suspect vehicle is described as a dark blue or black colored Jeep Grand Cherokee, possibly a 2016 model.

The suspect is described as an unknown race male, mid-20’s, with dark hair. He was wearing a black-hooded sweatshirt and blue jeans.

Anyone with any information on this incident or the identity of the suspect is asked to contact the Office of the Sheriff Investigation Division at (925) 313-2600. For any tips, please email: tips@so.cccounty.us or call 866-846-3592 to leave an anonymous voice message.