Contra Costa Herald

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

FBI: Bust of eight East County gang members on murder, conspiracy, pimping and firearms charges

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Eight alleged East County gang members who are suspects in a variety of crimes were arrested on Oct. 27. Photos by FBI Northern CA District

Arrested on Oct. 27th

By Allen Payton

FBI Special Agent in Charge John F. Bennett of the Northern California District office and Interim Contra Costa District Attorney Diana Becton announced on Wednesday the Oct. 27th arrests of East County gang members suspected in two freeway shootings and other charges.

Bennett and Becton were joined by Pittsburg Police Chief Brian Addington and representatives from the Richmond Police Department, Contra Costa Sheriff’s Department, San Francisco SWAT, El Cerrito Police Department, Contra Costa County Probation Department, California Department of Corrections and Rehabilitation, San Pablo Police Department, Concord Police Department, and the California Highway Patrol.

Known as Operation Klap It Out, the joint effort resulted in the arrests of eight suspects and the seizure of a variety of firearms during the search warrants, according to FBI Public Information Officer Cameron Polan.

Seven suspects and alleged members of the Klap Sh**/Broad Day gang from Antioch and Pittsburg were identified as Darnell Keyon Lash age 24, D’Vance Jaquez Sumblin age 20, Javelle Cooksey age 19, Lester Gene Curry age 21 (as of Tuesday), Ezell Tommy Jenkins age 19, Dasheid Keyonta Lash age 21, and Larry Darnell Goines, Jr. age 32. An eighth suspect gang member, Giovante Boyd was also arrested on an outstanding warrant for murder, but was not included in the complaint filed by the DA’s office against the other seven.

According to the complaint they were charged with the following eight counts: conspiracy to commit a crime – murder, carrying a loaded firearm/street gang, possession of firearm by a felon – prior(s), dissuading a witness by force or threat, conspiracy to commit a crime – second degree burglary, carrying a loaded firearm/street gang, conspiracy to commit a crime – pimping, and street terrorism.

“All eight are currently in a preliminary hearing which has been ongoing since Monday,” Polan added.

12/21/17 UPDATE: Asked about the delay in announcing the arrests she replied, “The delayed announcement was due to new leads that were presented as a result of the search warrants executed. The investigators did not want to jeopardize the new information with a public announcement.”

See the charges filed against the seven suspects, here: Charges filed vs Operation Klap It Out gang suspects

The firearms seized during Operation Klap It Out.

Supervisors designate West County Detention Facility future expansion as mental health treatment facility

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The rendering of the white topped buildings shows the future expansion of the West Contra Costa Detention Facility, approved earlier this year.

Treatment will include administering psychotropic medications

By Daniel Borsuk

Unlike six months ago when Contra Costa County supervisors faced the rage of protestors opposed to the $95 million expansion of the West County Detention Facility in Richmond, supervisors approved without a whimper of protest a request by the Sheriff-Coroner David Livingston and Health Services Director Robert Walker to designate the expanded detention facility as a mental health treatment facility.

The item at Tuesday’s board of supervisors meeting was a consent item and did not draw either citizen or supervisor comment.

Supervisors unanimously approved the item.

That action was in sharp contrast to the time supervisors faced nearly 70 protestors opposed to Sheriff-Coroner Livingston’s proposal to expand the jail.  Supervisors voted 4-1 to approve the sheriff’s proposal at that time with Supervisor John Gioia of Richmond casting the lone dissenting vote.

In Tuesday’s vote, supervisors were complying with their action taken in June by designating the West County Detention Facility and the future West County Reentry, Treatment, and Housing Facility as mental health treatment facilities in accordance with California Penal Code Section 1369.1.  This will permit sheriff deputies or detention facility wards to administer psychotropic medications to persons in county custody who have been adjudged incompetent to stand trial due to mental disorder, refuse to take psychotropic medications and are unable to provide informed consent as recommended by the Health Services Director Dr. William Walker and Sheriff-Coroner Livingston.

“We have to be prepared to take all that comes regardless of their mental state, “said Sheriff-Coroner Livingston in June.  “I don’t have a choice.”

“Without medication, symptoms such as increased aggression, self-destructive acts, and severe behavior outbursts can jeopardize the safety of the inmate-patient, the other inmates, and the detention facility staff,” Dr. Walker and Sheriff Livingston jointly wrote in a memo to the supervisors.  “The Health Services Department, and the Office of the Sheriff remain committed to transferring individuals to treatment facilities in a timely manner.  These facilities, however, are crowded and have long waiting lists. The recommended extension of this designation to the West County detention facilities can help the county cope with the effect of delays beyond the county’s control.”

County Zoning for Solar Energy Generating Facilities Gets Green Light

Supervisors unanimously adopted a zoning ordinance that will pave the way for commercial solar energy generating facilities primarily built by Marin Clean Energy (MCE), which this year inked contracts with county supervisors and city councilmembers of 13 municipalities to be their clean energy options commencing in 2018.

County planning officials presented a map and an ordinance that allows commercial solar energy generating facilities in industrial and commercial zoning districts in unincorporated portions of the county.  Areas of the county’s northern waterfront stretching generally from Richmond to Bay Point were designated for the zoning designations.  There were no speakers in opposition or in favor of the zoning proposal, but supervisors did receive a Nov. 12 letter addressed to the county planning commission from Howdy Godey of El Cerrito encouraging planning commissioners to approve the zoning proposal.

“I enthusiastically support the adoption of general plan zoning amendments regarding solar generation facilities.” he wrote. “These actions will support the Contra Costa County Climate Action Plan (2015) by providing opportunities to build solar generation facilities that will lower greenhouse gas emissions associated with electric power generation.”

In addition to the county, the city councils of Concord, Danville, El Cerrito, Lafayette, Martinez, Moraga, Oakley, Pinole, Pittsburg, Richmond, San Ramon, and Walnut Creek have signed contracts with MCE to serve as their clean energy option contractors.

In a related planning issue, supervisors directed Conservation and Development Department officials to budget up to $7 million to update the county’s General Plan that will require an update by 2020.  Supervisors also instructed department officials to budget $1.5 million to bring the county’s zoning code into the 21st Century.  The zoning code has not been updated since 1947 when the county had about 300,000 residents.  Today 1.2 million persons reside in the county.

Supervisors also approved as a consent item a new county library commission composition as recommended by the Library Commission and County Librarian Melinda Cervantes.  The reconstituted library commission was triggered mainly with the City of Richmond library leaving the county library system.

The new library commission composition will consist of 29 commissioners.  Supervisors must select a representative to serve on the library commission that represents the Contra Costa Central Labor Council, the Contra Costa Community College District, the East Bay Leadership Council, the Contra Costa Friends Council and the Contra Costa County Office of Education.  Library commissioners will serve four-year terms and serve in an advisory role to the board of supervisors and county librarian.  The library commission will meet at least quarterly and no more than six times a year.  There is no fiscal impact related to the newly reconstituted library commission.

County Sheriff alerts public to jury duty scam

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Public Notice – Jury Scam Alert

Past or prospective jurors are NEVER contacted by phone regarding failure to serve jury duty. All communication regarding failure to serve jury duty is done via U.S. mail. No court jury staff or Contra Costa County Sheriff’s staff ask past or prospective jurors to pay a fine or provide financial details including, credit card numbers, bank account, social security numbers or other personal information. Please do not provide this type of information to anyone.

If you receive a telephone call, from someone identifying himself or herself as a court employee or an employee of the Contra Costa County Sheriff’s Department regarding a failure to appear for jury service, THIS IS A SCAM. DO NOT PROVIDE ANY PERSONAL INFORMATION, OR PAY THEM ANY MONEY!

If you are contacted, please call the Jury Commissioner’s office at 925-608-1000.

Sheriff Deputies arrest teen in Discovery Bay school burglary, vandalism Wed. morning

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Discovery Bay entrance sign. By communityrealestateagent.com

By Jimmy Lee, Director of Public Affairs, C.C.C. Sheriff’s Office

Wednesday morning, Dec. 13 just after midnight, Deputy Sheriffs were dispatched to a report of a burglary/suspicious person at the Discovery Bay Elementary School at 1700 Willow Lake Road in Discovery Bay.

Security at the school contacted a subject, who then fled and climbed onto the roof. Deputies arrived and were able to get the subject to come down and surrender.

Deputies interviewed the subject, a 14-year-old boy from Discovery Bay. He admitted to an earlier incident at the school Monday morning when Deputy Sheriffs responded to a report of a burglary. Apparently two laptops and other items were taken. There was also some vandalism at the school. One of the laptops was later recovered. He admitted graffiti and comments written by him were a prank. The boy is not being identified.

He was later arrested for burglary and vandalism.

County to refund $8.8 million in excessive Juvenile Hall housing, electronic monitoring fees

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Supervisors approve $17 million in bonds for Richmond senior housing project; $1.6 million for Walnut Creek affordable housing project

Example of an ankle monitor. Photo by securitycameraking.com

By Daniel Borsuk

Beginning next month, 6,000 and as many as 12,000 Contra Costa County residents will receive letters from the county that they could be entitled to refunds to be disbursed because the county Probation Department overcharged them fees for Juvenile Cost of Care and Cost of Electronic Surveillance of Minors. (See agenda item,  here.)

County Supervisors initiated the notification process at Tuesday’s board meeting on a 4-0 vote.  Letters printed in English and Spanish will be mailed to up to 6,000 individuals who may be due a refund because they may have been overcharged when they had a juvenile housed at a county juvenile hall facility from 2010 to 2016.  The county ceased assessing the fees in 2016.  The letters will instruct the recipients how to file for a claim.

District 2 Supervisor Candace Andersen of Danville was absent for the vote.

The county estimates parents of juveniles held in county juvenile hall facilities were overcharged $8.8 million dating back to 1990.

The board’s Public Safety Committee will review whether another 6,000 residents living in the county between 1990 and 2010 might be eligible for refunds.  Supervisors would also establish a procedure whereby residents could claim money that was improperly withheld when youths were detained in juvenile hall facilities.  Supervisors will determine if the county improperly overcharged for electronic monitoring fees.

Assistant County Administrator Timothy Ewell told supervisors there are about 12,000 cases that the county has identified from 1990 to 2016 that might be entitled to refund checks averaging $262 per account because of the work by Contra Costa supervisors did, and support from citizen organizations like the Racial Justice Coalition, statewide to make juvenile hall housing fees illegal on racial and financial hardship grounds.

Contra Costa is the first county in the state to begin the procedure of refunding money to parents or guardians of juveniles who were held in juvenile hall facility and were overcharged.

“No one is expecting a mad rush of people to file claims,” said District 1 Supervisor John Gioia of Richmond, who was a key player at the county and state level in igniting the juvenile hall overcharge refund movement.

District 4 Supervisor Karen Mitchoff said it should be up to the claimants to show proof in the form of canceled checks, bank statements or some other proof of payment when filing a claim.

“Family members should never have been penalized,” admonished Willie Mims of the East County Branch of the NAACP.  “You should have the records and not lay that responsibility on the persons who might receive these letters.”

The fiscal impact to the General Fund is projected to be $136,000.

Supervisors OK Bonds for Multi-Family Housing Projects

Site of the approved Heritage Point Senior Apartments in North Richmond.

On a 5-0 vote, supervisors flashed the green light for construction to get underway for a $27 million senior housing project in North Richmond fronting the east side of Fred Jackson Way between Grove Avenue and Chelsey Avenue.  The 42-unit, Heritage Point Senior Apartments will be financed by the county with up to $17 million in Multifamily Housing Revenue Bonds.

It is a project of the Community Housing and Development Corporation of North Richmond (CHDC). According to their website, the organization was “founded in 1990 by local leaders…to eliminate blight, improve housing opportunities for current and future residents, and create better economic conditions.” It has since “added over 200 owner-occupied homes to the Richmond area along with street improvements, public services, senior and family rental housing.”

According to the staff report, there is “No impact to the General Fund. At the closing for the Bonds, the County is reimbursed for costs incurred in the issuance process. Annual expenses for monitoring of Regulatory Agreement provisions ensuring units in the Development will be rented to low income households will be reimbursed through issuer fees established in the documents for the Bonds. The Bonds will be solely secured by and payable from revenues (e.g. Development rents, reserves, etc.) pledged under the Bond documents. No County funds are pledged to secure the Bonds.”

Supervisors were informed that financing for the Heritage Point development is secure.  However, future affordable housing developments might be in jeopardy depending how the 2018 United States budget reform bill shapes up. Contra Costa County could potentially lose $3.5 million in bond financing for the North Richmond project if the budget reform bill is passed by Congress, said Maureen Toms of the Contra Costa County Conservation and Development Department.  Fortunately, the county has enough money in reserves to fill in funding gaps for projects like the Heritage Point development, she added.

Riviera Family Apartments. Rendering by RCD.

“This could be the tip of the iceberg on the potential elimination of public funding for future affordable housing developments,” Gioia warned.

In addition, the board approved converting $1.6 million in taxable bonds into tax-exempt bonds for a 58-unit, multi-family affordable housing apartment project in Walnut Creek. The Riviera Family Apartments will be located on two separate parcels, at 1515 and 1738 Rivera Avenue. The County had previously approved $19.2 million in tax-exempt bonds for the development in May 2016. The developer is Resources for Community Development in Berkeley. According to the staff report, no County funds are pledged to secure the bonds.

Honor 35-Year County Employee

In other action, the board honored Carmen Piña-Delgado who is the Supervising Real Property Agent with the Public Works Department in the Real Estate Division for her 35 years as a county employee. She started her career with the County Administrator’s Office as a Clerk-Experienced Level under the Affirmative Action Officer and due to budget cuts was let go. But, then in October, Piña-Delgado was rehired by the Health Services Department as a Clerk-Experienced Level in the Public Health Division.

In January 1992 she was promoted to the position of Real Property Technical Assistant in the Real Estate Division, where she has worked for the remainder of her career. In May 2001, Piña-Delgado graduated from Los Medanos College completing the Associate of Science Degree in Real Estate in order to qualify for advancement into the Real Property Agent Series. The resolution adopted by the Board recognizing her service states, she “has a great work ethic and has made a difference in the Public Works Department by delivering quality services in each division, County-wide, and with outside agencies/consultants.”

Antioch police arrest “prime suspect” in 37-year-old Bombardier murder case Monday

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Mitchell Lee Bacom, now and as he looked in the 1980’s. Photos courtesy of APD

“Justice for Suzanne” means “Antioch is safer, tonight”

Suzanne Bombardier. Herald file photo

By Allen Payton

At around 5:00 p.m. Monday evening, the family of Suzanne Bombardier whose kidnapping, rape and murder had gone unsolved for 37 years, finally had closure when Antioch police arrested 63-year-old Mitchell Lynn Bacom at his home in Antioch. During a press conference Monday night, Antioch Police Chief Tammany Brooks announced the arrest saying he was “ecstatic” and credited retired Captain Leonard Orman, DNA testing by the San Mateo County Sheriff’s Office Forensic Lab and the Contra Costa District Attorney’s Office.

Bacom, an Antioch resident, was arrested without incident in front of his house in the 300 block of West Madill.

“This closes the oldest, open cold case homicide on record with the Antioch Police Department,” Brooks stated, and then thanked “Suzanne Bombardier’s family for not giving up hope,” although “it would not bring Suzanne back.” He further said it was solved through “patience and persistence.”

Orman was brought back to work on the case, earlier this year after the DNA was sent to the crime lab two years ago and got a hit by CODIS, the FBI’s Combined DNA Index System, in May. Interim DA Diana Becton gave credit to Paul Holes, her office’s Cold Case Investigator and Chief of Forensic and the Safe Streets Task Force.

“Justice may not have come as swiftly as we would like,” she stated, and said her office will be filing charges against Bacom tomorrow of “murder with use of a deadly weapon and additional charges, as well.”

Bombardier was taken in the middle of the night from her sister’s home at 3421 Hudson Court in Antioch while babysitting. She was missing for approximately five days and eventually found deceased in the San Joaquin River near the Antioch Bridge. Her cause of death was determined to be one stab wound to the chest which penetrated her heart. Evidence at the time indicated she had been sexually assaulted.

Numerous suspects and persons of interest were developed and investigated over the years. Some were eliminated while others remained unresolved until recently. Bacom was one of the original suspects in the case, “the prime suspect” according to former Antioch Detective Greg Glod who worked the case, along with retired Detective Ron Rackley who first took the report that initiated the investigation in 1980.

Two years ago, during the 35th anniversary of the murder, they and retired Antioch Sgt. Larry Hopwood asked then Chief Allan Cantando to reopen the case and offered to serve as a volunteer cold case squad. They launched a media campaign to raise awareness of the cold case. (See related article). Later that year the DNA was sent to the crime lab for testing.

Through that DNA testing, one of the suspects, 63-year-old Mitchell Lynn Bacom of Antioch, has been determined to be responsible for these heinous crimes. He is currently being held on the charges of murder, kidnapping, rape and oral copulation.

“He was never off the suspect list,” Brooks stated, and that “he was known to Suzanne and the family.”

“That’s who we always suspected,” Rackley stated, when reached for comment following the press conference. “We can finally sleep again.”

“I knew this all along,” Glod said when reached at his home in the Washington, D.C. area, where he now works for the U.S. Secret Service as an instructor at their academy. “He was clearly the prime suspect, clearly in my mind, from the beginning.”

Suspect Had History of Violent Crime

Antioch Police Chief Tammany Brooks was joined by (L-R) Antioch Police Captain Diane Aguinaga and retired Captain Leonard Orman, as well as Paul Holes, the Contra Costa District Attorney’s Office Cold Case Investigator and Chief of Forensics, and Interim Contra Costa DA Diana Becton.

In 1973, Bacom was arrested in Mountain View, Ca. for rape, robbery, assault with intent to commit murder and oral copulation. As a result of that investigation, he was convicted in 1974 of first and second-degree burglary, assault with intent to murder and sodomy. He was sentenced to five years to life.

In February of 1981, Bacom was arrested for robbery and rape in Isleton, California. As a result of that case, he was convicted of first degree burglary, robbery, rape and sodomy. He was sentenced to 24 years in prison.

In 2002, Bacom was convicted in Contra Costa County of failing to properly register as a sex offender and sentenced to four years in prison. This conviction was the result of a Pittsburg PD investigation.

When the biological evidence was originally collected in this case, DNA testing did not exist as a method of determining guilt in our justice system. Over the years, the Antioch Police Department and the Contra Costa County District Attorney’s Office have monitored developments in DNA testing in the hopes that advancements would be made allowing this evidence to be processed and a DNA profile developed. In 2015, the decision was made to submit the biological evidence to the San Mateo County Sheriff’s Office Forensic Laboratory in an effort to develop a DNA profile. This lab was equipped to conduct some of the most advanced available DNA testing. In early 2017, the department was notified that a CODIS hit was made tentatively identifying Mitchell Lynn Bacom as the perpetrator. Additional testing was required in order to confirm the identification.

Glod spoke about Bacom’s history of crime, saying, “I’m amazed how he got out of prison on the first one” and that “he was on parole when this took place,” referring to the Bombardier murder.

Media from throughout the Bay Area was in attendance for the Tammany Brooks’ first press conference as Antioch Police Chief.

He gave credit to former Antioch Detective Guy Worth, who is currently battling cancer, and “is probably dancing, right now. He was instrumental…he did all he could to keep this case alive, in spite of all he’s going through.”

Glod also thanked the media for their articles and TV news segments in 2015 and 2016.

“I appreciate people like you (referring to the Herald), Henry Lee from KTVU, the Contra Costa Times and Jennifer Gibbbons, the author who wouldn’t let this go,” he stated.

“Although we are ecstatic an arrest has been made in this case it will not bring Suzanne back into her family’s lives,” Brooks said. “Our thoughts and prayers are with Suzanne Bombardier’s family and we hope this mystery being solved offers some level of comfort for them.”

“Although in recent years there was some question relative to our commitment regarding this investigation, we never gave up on bringing this case to a resolution,” he shared. “The reality was that science had to make advances in order for a positive identification of the killer to be made. It was through patience, persistence, networking, modern investigative techniques and scientific advances that this case was solved.”

“I’m glad that people didn’t forget, the Antioch Police Department and District Attorney’s Office,” Glod said. “They were instrumental in solving this. It’s a good day for Antioch. Antioch did not forget their citizen. It’s great news for the family and all the friends who have been traumatized by this. We finally got some justice for Suzanne Bombardier.”

“It’s bringing some closure for me in my life,” he added. “This is a great moment for me. I’m glad to see it was him they arrested. This is big news.”

More Work Still To Be Done

When reached for comment, Orman said, “It was good to see it to this point,” knowing that there is still more work to be done following the arrest. “Antioch is safer tonight and that’s what matters,” he added.

“This does not constitute the end,” Brooks confirmed during his first press conference since becoming Chief in May, stating that the department needed to determine if Bacom has been involved in any other crimes.

As such, the Antioch Police Department will be networking with other law enforcement agencies in an effort to determine if Mitchell Lynn Bacom has been involved in other murders and/or sexual assaults. We encourage anyone with information regarding this case to contact the Antioch Police Department. Additionally, we are hoping to hear from any of Mitchell Lynn Bacom’s past victims, including those who may have never made reports to law enforcement.

Anyone wanting to provide information relative to Mitchell Lynn Bacom’s criminal conduct may contact Detective Leonard Orman at (925) 779-6918. You may also text a tip to 274637 (CRIMES) using key word ANTIOCH

Sheriff boycotts Public Protection Committee meeting on threats of $25 million loss in federal DOJ funds

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Due to state sanctuary policies, county policy to go into effect next year; response due today

By Daniel Borsuk

With neither Sheriff-Coroner David Livingston nor one of his representatives in attendance at a meeting of the Contra Costa County Board of Supervisors’ Public Protection Committee on Thursday, there was more concern as to why the sheriff wasn’t in attendance than the topic at hand:  the possibility the county could lose up to $24.7 million in federal assistance.

Representatives from the District Attorney’s Office, Public Defender’s Office, Probation, Employment and Human Services, and County Administrator were present at the committee meeting conducted by Supervisor John Gioia of Richmond and attended by Supervisor Federal Glover of Pittsburg.

Without Livingston or his representative at the committee table, supervisors and citizens serving on the committee could not get a proper read on the status of the sheriff’s policy on the arrest and detention of undocumented immigrants primarily at West County Jail, and how well deputies interface with Immigration and Customs Enforcement agents and United States Marshals.

Some $19.8 million of the $24.7 million in federal aid that the county receives from the federal government is allocated to the Sheriff-Coroner Office.  Employment and Human Services receives $1.9 million in federal aid, Probation pulls in $1.1 million, the County Administrator draws $983,971, the District Attorney gets $563,848, and the Public Defender collects $180,412.

“I am surprised and disappointed that the sheriff is not here,” said Supervisor Gioia.  “I don’t know if this has ever happened before where the sheriff has not appeared at a Public Protection Committee meeting.”

“I’m shocked and dismayed that no one from the Sheriff’s Office is here,” said Renee Zeimer representing Organizing for Contra Costa Action.  “How is the sheriff held accountable to the public?”

About four other also persons complained that the sheriff or a representative should have been in attendance at the committee meeting.

The fate of federal money that California cities and 58 counties receive will probably be decided in United States District Court on Wednesday, Dec. 13, when U.S. District Judge William Orrick is expected to rule on whether California Senate Bill 54 or “the Sanctuary State Bill” that was recently signed by Gov. Jerry Brown and goes into effect Jan. 1 conflicts with Executive Order 1373 that President Donald J. Trump inked on Jan. 25, 2017.

Executive Order 1373 assigns broad powers to the U.S. Department of Justice, Immigration and Customs Enforcement (ICE) and U.S. Marshalls to investigate, arrest, and deport undocumented immigrants in order to secure the safety of the interior of the nation.  The executive order also gives the DOJ investigative power to determine if states, cities, and counties are in compliance with Executive Order 1373.

In Sanctuary States like California, Contra Costa County and other counties are aligning policies to conform with SB 54 unaware how Judge Orrick will rule.

When asked if the county has a Plan B should the U.S. District Court strikes down SB 54 and uphold Executive Order 1373, Supervisor Gioia remarked, “That’ll be an issue for the state and every city and county effected by SB54.”

Sheriff Receives DOJ Letter

The Sheriff-Coroner Office received on November 15 a letter from U.S. Department of Justice Acting Assistant Attorney General Alan Hansen inquiring whether the sheriff office is in conflict with Executive Order 1373 if a custody deputy does not inform ICE of the immigration status of inmates. “The department is concerned that this appears to restrict the sending or requesting of information regarding immigration status in violation of section 1373 (a) and (b),” wrote Hansen.

The letter was directed to Mary Jay Robb, the Chief for Management Services in the Sheriff’s Office.

Livingston would not respond to calls from the Herald with questions about the letter. The Sheriff’s Public Information Officer Jimmy Lee instead referred calls to County Administrator David Twa.

One program that wasn’t included in the DOJ inquiry is the Stand Together CoCo program, which the Board of Supervisors approved in September with $500,000 in state AB 109 funds to help launch the program.  The Public Defender’s Office is overseeing the program.

Twa confirmed that the DOJ letter is about the state’s sanctuary policies, not the county’s new policy that will not go into effect until next year.

County Has Until Today to Respond to DOJ

The county needs to respond to the DOJ inquiry by today, Friday, Dec. 8.

The Stand Together program will monitor ICE arrests of undocumented immigrants in the county.  The program that is also funded through private sources will have counselors visiting undocumented immigrants held at West County Jail.  The Stand Together CoCo program expects to counsel up to 180 undocumented immigrants held at the jail during the first six months of the program.  The program gets underway January 1, 2018.

County Sheriff’s Crime Lab receives grant for equipment to help with DUID cases

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Example of a Gas Chromatography Mass Spectrometry instrument. Photo by Polimerek – Own work, GFDL, https://commons.wikimedia.org/w/index.php?curid=425348

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

The Contra Costa County Office of the Sheriff Forensic Services Division Crime Laboratory has received a state grant for “Improved Technology for Identification of Impairing Substances in DUID Cases”.

This $207,100 grant will fund the purchase of two new Gas Chromatography Mass Spectrometry (GCMS) instruments. These instruments will have the ability to routinely identify and quantitate compounds that are commonly encountered in driving under the influence of drugs (DUID) and drug facilitated sexual assault (DFSA) cases.

The two new GCMS instruments offer increased sensitivity and will be replacing older instrumentation within the Crime Lab. The new instruments will enable the Forensic Services Division to provide analysis in alignment with recommendations set by national organizations for DUID cases.

“The new GCMS instruments will allow the Sheriff’s Office Crime Lab to provide more comprehensive and timely results for the investigation and prosecution of DUID cases in Contra Costa County,” said Forensic Services Chief Pam Hofsass.

On January 1, 2014, changes to driving under the influence laws (Sections 23152 and 23153 of the Vehicle Code) went into effect making it unlawful for a person who is under the influence of any drug to drive a motor vehicle; this not only includes illegal narcotics and stimulants, but also some legal prescriptions, herbs, marijuana and over-the-counter drugs.

The purchase of these instruments and method validation is anticipated to take ap-proximately one year. Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.

Investigation continues into complaints by female ICE detainees at West County Detention Facility in Richmond

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Sheriff David Livingston, center, speaks with Congressman Mark DeSaulnier (to his left) and staff during a tour of the West County Detention Facility in Richmond on Monday, Nov. 27, 2017. Photos by CCCSheriff

Rep. DeSaulnier and staff, other officials tour facility

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

The investigation by the Contra Costa County Office of the Sheriff continues regarding complaints made by several female ICE detainees held in the West County Detention Facility (WCDF) in Richmond, California.

WCDF is a dormitory-style, program-based facility where all inmates are free to leave their rooms to go to educational and vocational programs, medical appointments or visits; the amount of free time all inmates receive exceeds state requirements.

The West County Detention Facility in Richmond.

“Although complaints such as excessive ‘lock down’ time or improper use of bio-hazard bags are extremely rare within the jail system’s 1,600 inmates and detainees, the fact that some ICE detainees have made such allegations demands a full and thorough investigation, which is well underway,” said Contra Costa County Sheriff David Livingston. “We routinely pass stringent state and federal jail inspections and are com-mitted to running safe, secure and Constitutionally compliant detention facilities.”

To date, Sheriff’s Office Internal Affairs Investigators have conducted over 110 interviews of both inmates and staff, reviewed hundreds of hours of building surveillance video, identified and inspected physical/documentary evidence (such as log books, booking information, bio-hazard red bag storage, etc.), and inspected the cells, bathrooms and open areas of the women’s dormitory.

On Monday, Nov. 27, Congressman Mark DeSaulnier, (D, CA-11), and his staff, toured WCDF and was invited to view any area he wished to visit and speak to any detainee he liked. A number of other state and local officials have also recently visited the facility.

“Congressman DeSaulnier can now publicly call for any additional investigation he wants,” said Contra Costa County Sheriff David Livingston. “However, as the political rhetoric from some around this issue continues to boil, we remain undeterred in providing professional and diligent custody services for our county inmates and federal detainees.”

The Office of the Sheriff has been in close communication with California Attorney General Xavier Becerra and his staff as it is working to complete this investigation. A.G. staff have already met with us and conducted a tour once, on November 16, 2017, and will be conducting another review at the facility soon. The Sheriff’s Office will make its investigatory materials available to the Attorney General and have asked that he review our full investigation, and findings therein, when we complete the investigation on or about December 15, 2017.

 

Lafayette man, a former Oakland Fire Captain pleads guilty to child porn possession

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Richard Chew from his now deleted LinkedIn profile. Herald file photo.

On Tuesday December 5, 2017, Richard Chew, a 58-year-old resident of Lafayette, pleaded guilty to one count of possession of child pornography.  As a result of his guilty plea, Chew was sentenced to 150 days in jail, three years of probation and was ordered to register as a sex offender.  Chew has been out on bail since his arrest and was ordered to surrender at a later date to begin serving his sentence.

On August 19, 2017, the Contra Costa Internet Crimes Against Children (ICAC) Task Force launched an investigation into Chew. Agencies involved in this investigation include the Office of the Sheriff, District Attorney’s Office, and Lafayette and Concord Police Departments.

During the investigation, search warrants were served on Chew’s home on Harper Court in Lafayette and at his office at the Oakland Fire Department. Child pornography was found on a laptop computer belonging to Chew.  On September 7, 2017, Chew was charged with two counts of possession of child pornography by the District Attorney’s Office.  By his guilty plea, Chew admitted that on August 31, 2017, he possessed photographs and videos depicting minors engaged in sexual activity.

ICAC is a multi-agency task force 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 Office of the Sheriff, County Probation Department, and 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 for further information.