Contra Costa Herald

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

Teen suspects arrested in Alamo coffeehouse laptop ‘grab and run’

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By Jimmy Lee, Public Information Officer, Contra Costa County Office of the Sheriff

Please note that there have been a number of these cases throughout the Bay Area. Always keep your valuables with you at all times, be aware of your surroundings, and report suspicious people to law enforcement.

On Saturday at about 2:42 PM, the Contra Costa County Office of the Sheriff received reports of a strong arm robbery at a coffeehouse on the 3200 block of Danville Boulevard in Alamo.

The victim was sitting at a table using her laptop when three people entered the coffeehouse, took the laptop and ran. They got into a waiting vehicle in the parking lot.

Deputies broadcast the description of the suspect vehicle, which fled northbound on Danville Boulevard. An Orinda police officer located the vehicle traveling westbound on Highway 24. Four suspects were detained after the vehicle was stopped. They were positively identified as the suspects. The laptop was returned to the victim.

Two of the suspects are juveniles and were taken to Juvenile Hall. Two adults were taken to Martinez Detention Facility. 19-year-old Nequwan Taylor of Oakland and 18-year-old Isaiah Taylor (residence unknown) were booked on the following charges: robbery, burglary, and conspiracy. Each one is being held in lieu of $220,000 bail.

Walnut Creek middle school teacher, a Martinez resident charged with multiple sex and child porn offenses

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Michael Bartel from his Facebook page.

Michael Bartel in happier times. From his page on Facebook.

Includes sexual assault of a child under the age of 10 and arranging to meet a minor for sex

On Friday, Nov. 3, 2017, investigators from the Martinez Police Department, Contra Costa County Sheriff’s Office, and District Attorney’s Office arrested 33-year-old Martinez resident Michael Bartel for sexual assault of a child and arranging to meet a minor for sex. Bartel was booked Friday evening at the Martinez Detention Facility. His bail was set at $16 million. Bartel is a science teacher at Walnut Creek Intermediate in Walnut Creek. There is currently no indication Bartel victimized a student at the school.

Bartel’s arrest was a result of an investigation initiated by the Martinez Police Department. Martinez police detectives learned Bartel was talking online with others and had made statements about molesting children. Martinez police detectives, along with investigators from the Internet Crimes Against Children Task Force launched an investigation to determine if the statements were true. After a weeklong investigation, Bartel was arrested during a traffic stop at approximately 1:30 p.m. on Friday afternoon at the intersection of Danville Blvd. and Camille Lane in Alamo.

Michael Bartel upon being booked into county jail.

Friday afternoon, investigators from the Walnut Creek Police Department executed a search warrant at Bartel’s classroom at Walnut Creek Intermediate and notified the school administration of the arrest. Later that afternoon, investigators from the Martinez Police Department with substantial assistance from the Contra Costa County Sheriff’s Office, Contra Costa County Crime Lab and District Attorney’s Office searched Bartle’s home in Martinez.

On Monday, November 6, 2017, the District Attorney’s Office filed a 16-count criminal complaint against Bartel. The charges include multiple sex offenses against a child under the age of 10 including oral copulation, arranging to meet a minor for sex and possession and distribution of child pornography.

Bartel will make his first appearance in court on Tuesday November 7, 2017 at 8:45 a.m. in front of the Honorable John Laettner for arraignment. Bartel remains in custody of the Contra Costa County Sheriff.

Anyone with investigative information should contact Senior Inspector Darryl Holcombe, Contra Costa County District Attorney’s Office at (925) 957-2263.

San Ramon-based 24 Hour Fitness to pay $1.2 million penalty for consumer protection violations

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Settlement will also include costs and restitution for misleading customers by falsely promising guaranteed annual renewal rates to obtain up-front fees

MARTINEZ, California — Contra Costa District Attorney Diana Becton, in conjunction with Orange County District Attorney Tony Rackauckas, announced that on November 1, 2017, the District Attorney’s Consumer Protection Divisions reached a consumer protection settlement of $1.2 million in civil penalties against 24 Hour Fitness, Inc. The company must also pay $100,000 in costs to the County of Orange and Contra Costa, as well as pay restitution to the members who were misled by the promises of a low lifetime annual renewal rate in exchange for large up-front membership fees.

24 Hour Fitness is headquartered in San Ramon, Contra Costa County, California and has 400+ membership fitness gyms in 18 states, of which 140 are located in California. The allegations against 24 Hour Fitness state that between 2006 and 2009, 24 Hour sold pre-paid memberships in a false and misleading manner when 24 Hour sales representatives took large up-front fees for an initial 2 or 3-year membership period, with the promise that members would be guaranteed a low life-time annual renewal rate for life, as long as the member remained in good standing by paying their annual renewal fee on time. The up-front fees ranged from $600 to over $1400 with a promise of a fixed annual renewal rate between $29-$199 a year.

In 2006, 24 Hour made changes to the language of their pre-paid membership contracts that allowed for annual rate increases, but the District Attorneys alleged that 24 Hour sales representatives continued to sell these post-April 2006 memberships with verbal promises that their annual renewal rates would be guaranteed fixed for life. Consumers also believed they were misled by the verbal representations and in 2015, when 24 Hour began increasing annual renewal rates, they complained to the Company and the Better Business Bureau. They also started an on-line petition protesting the company’s broken promises.

The complaint alleges that 24 Hour refused to honor the verbal guarantees, so members who refused to pay the increased annual rate had their memberships terminated after having paid the large up-front fees or forced members to pay the increased rates.

The Settlement requires that 24 Hour Fitness allow pre-paid members to renew their memberships at the promised low annual lifetime renewal rate, if the member submits a claim form and declaration that they were told by a 24 Hour sales representative that their annual rate was guaranteed to remain the same for life.  All past and present 24 Hour Fitness members, who purchased post 2006 pre-paid membership contracts, or were updated to these contracts, and either paid the increase or were terminated for failure to pay the increase, will be sent a notice with instructions on how, where and when to submit their forms and declarations.

The District Attorney’s Offices want to make it clear that, if you receive a notice, it means you have one of the new contracts that allows for the increase, even if your rate has not yet been increased. It is important, that if you were promised a lifetime guaranteed annual renewal rate you must fill out the claim form and declaration to preserve or reinstate your guaranteed annual renewal rate. The restitution provisions of this settlement extend to qualifying pre-paid members nationwide.

24 Hour Fitness admitted no wrong-doing in the Settlement Agreement.

Deputy District Attorney Michelle Cipolletti from the Orange County District Attorney’s Consumer Protection Unit and Deputy District Attorney Dodie Katague from the Contra Costa Consumer Protection Unit prosecuted this case.

For further information, please contact DDA Dodie Katague at 925-957-8604.

Oakley man turns himself in, arrested for Sunday attempted murder in Bethel Island

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By Jimmy Lee, Public Information Officer, Contra Costa County Sheriff

On Sunday, Oct. 29, 2017 at about 12:53 PM, Deputy Sheriffs were dispatched to the area of 2600 Dutch Slough Road in Bethel Island for a report of a person who had been shot.

The victim was located and found to have suffered a gunshot wound. The victim was taken to a local hospital by ambulance and is expected to survive.

The suspect fled the scene before Deputies arrived. Despite an extensive search, he could not be located.

Monday evening, the suspect turned himself in to police. The suspect is identified as 27-year-old Nicholas Gursoy of Oakley. After being interviewed by Detectives, Gursoy was booked into the Martinez Detention Facility for attempted murder. He is being held in lieu of $1 million bail.

Anyone with any information on this case is asked to contact the Contra Costa County 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.

Suspect in Discovery Bay homicide identified as Antioch teen, arrested Wednesday

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The car believed to be driven by suspect Brayan Zavala. Photos by CCCSheriff

Suspect Brayan Zavala, age 19

Turned himself in to Antioch Police

By Jimmy Lee, Public Information Officer, Contra Costa County Office of the Sheriff

Detectives from the Contra Costa County Office of the Sheriff have identified 19-year-old Brayan Zavala of Antioch as the suspect in the early Sunday morning homicide of 48-year-old Bradley MacHugh of Discovery Bay. (See related articles here, and here)

An arrest warrant was issued for Zavala, who is described as a Hispanic male, 5’,8”, 130 pounds, with black hair and brown eyes. He was believed to be driving a 2005 silver C240 Mercedes Benz sedan with California license plate — 7TMJ018.

Detectives say MacHugh was involved in a dispute with occupants in two vehicles over reckless driving early Sunday morning. During the dispute, Detectives believe suspect Zavala produced a gun and shot MacHugh.

Zavala was considered armed and dangerous and the Sheriff warned the public that he should not be approached.

Wednesday afternoon at about 5:00 PM, suspect Brayan Zavala volunteered to turn himself in to police. Deputy Sheriffs, assisted by the Antioch Police Department, arrested Zavala.

Zavala was interviewed by Sheriff’s Detectives and at about 7:30 PM, Zavala was booked into the Martinez Detention Facility on a murder charge. He is being held in lieu of $1 million bail.

The investigation into this case is ongoing. Anyone with any information on the case is asked to contact the Investigation Division at (925) 404-4200 or call the anonymous tip lines at (925) 313-1166 or (866) 846-3592. Tips can also be emailed to: tips@so.cccounty.us.

Sheriff identifies victim in Sunday morning Discovery Bay homicide

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Sheriff’s Deputies believe these cars were involved in the shooting. See description in the article. By CCCSheriff.

Detectives from the Contra Costa County Office of the Sheriff continue to investigate a homicide that occurred in Discovery Bay early Sunday morning. 

The victim is identified as 48-year-old Bradley MacHugh of Discovery Bay. The autopsy was completed earlier today. The cause of death is listed as multiple gunshot wounds. 

On Sunday morning at about 12:43, Deputy Sheriffs responded to a report of a shooting near Keats Ct. in Discovery Bay. While Deputies were on the way, another caller stated a man was shot and laying on the street on the 1700 block of Wilde Drive. The victim, Bradley MacHugh, was later pronounced deceased. 

Detectives say MacHugh was involved in a verbal altercation with occupants in two vehicles over reckless driving. It later became physical. A weapon was produced by an unknown suspect who shot MacHugh. 

Two vehicles are believed to be involved in this shooting. One is a Mitsubishi Eclipse, red in color, with a spoiler and loud exhaust. It may also have a sun-roof. The second vehicle is described as a Ford Mustang, matte grey in color, with dark colored rims. The model year of the Mustang is possibly 2008. 

Both vehicles were filled with occupants, males and one female, who were described as either Hispanic or Asian. They are wanted for questioning. 

Anyone with any information on this case or who may have been in the vehicles is asked to contact the Contra Costa County Office of the Sheriff Investigation Division at (925) 404-4200. For any tips, please email: tips@so.cccounty.us or call 866-846-3592 to leave an anonymous voice message.

Discovery Bay man shot, killed early Sunday morning

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Sunday morning, October 29, 2017 at about 12:43 AM, Deputy Sheriffs responded to a report of a “prom shoot” near Keats Ct. in Discovery Bay. While Deputies were on the way, another caller stated a man was shot and laying on the street on the 1700 block of Wilde Drive.

The victim was found unresponsive and suffering from gunshot wounds. The fire department and an ambulance arrived and started life saving measures. The victim was later pronounced deceased. The victim, a 48-year-old Discovery Bay resident, is not being identified at this time. 

Detectives believe the shooting was a result of a neighborhood disturbance. 

Two vehicles, each with several occupants in their late teens or early 20’s, are believed to be involved in this shooting. The occupants, males and one female, were described as either Hispanic or Asian. One car is said to be a newer matte-grey American mid-sized car, possibly a Challenger or Mustang. The other is described as a red colored Mitsubishi Eclipse. 

Anyone with any information or who may have been involved in this incident is asked to contact the Contra Costa County Office of the Sheriff Investigation Division at (925) 404-4200. For any tips, please email: tips@so.cccounty.us or call 866-846-3592 to leave an anonymous voice message.

Governor vetoes “Jeff Belle” bill that would have increased penalties for ballot statement lies

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Nicknamed for county school board member; Brown “not convinced it’s a widespread problem…”

By Allen Payton

A bill sponsored by Assemblyman Jim Frazier to increase penalties on candidates who lie on their ballot statements was vetoed by Governor Jerry Brown on Sunday, Oct. 15. The bill, AB 894 was introduced in response to the ballot statement by Contra Costa County Board of Education Trustee Jeff Belle during his 2014 campaign, in which he wrote that he had earned a degree in political science, when he had not been awarded one by his alma mater.

The county District Attorney’s office prosecuted Belle who could have been fined a maximum of $1,000 for the violation. However, both sides agreed to a diversion program of community service, instead. (See related article).

Belle, through his attorneys, argued that he had done all the course work to earn the degree and even walked during graduation ceremonies, but that due to not paying some fees it was never conferred on him.

Frazier, who represents portions of Eastern Contra Costa County where Belle resides, was elected and also represents portions, wanted to increase the maximum penalty to $5,000. The legislation passed easily through both the Assembly and the Senate.

But, the governor didn’t believe it was necessary, stating in his veto message for the bill, that he was “not convinced that this is a widespread problem in California elections or that this bill would be much of a deterrent.”

That leaves in place the current maximum fine for lying on a ballot statement that is sent to all voters in a district. It also means that there is a greater, maximum fine of $1,000 and penalty of up to three years in prison for lying on a candidate’s nomination papers which remain with the elections official and is not made available to the public. Frazier considered that backwards.

An attempt to reach the Assemblyman for comment for this report was unsuccessful.

Belle’s term in office ends in 2018 and the election will be held next November.

Autopsy determines Danville woman died of gunshot in Byron homicide, Friday

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Detectives from the Contra Costa County Office of the Sheriff are continuing to investigate a homicide in Byron.

The autopsy was performed this morning on the victim, 37-year-old Emily Courchesne of Danville. The cause of death was a gunshot wound. (See related article).

On Friday morning, at about 10:05, Deputies were dispatched to a “Medical – PD” call at a residence on the 24000 block of Marsh Creek Road in Byron.

Deputies found Courchesne deceased inside the home. Detectives later determined it was a homicide. Detectives believe Courchesne was killed sometime between Wednesday evening and Thursday early morning. No motive or suspects have been established yet. 

Anyone with any information on this case is asked to contact the Investigation Division at (925) 313-2600 or call the anonymous tip lines at (925) 313-1166 or (866) 846-3592. Tips can also be emailed to: tips@so.cccounty.us.

Assemblywoman Baker’s child video testimony bill signed by Governor

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Assemblywoman Catharine Baker (R-San Ramon) announced Governor Brown has signed her Assembly Bill 993.  This measure will expand the use of video testimony options for young children who are victims of heinous sex crimes, so they will not have to repeatedly relive trauma of the crime during court prosecution of the abuser.

Victims who are 15 years or younger or developmentally disabled have the ability to provide video and stenographic testimony in court in certain cases of sex abuse crimes. There are, however, specific crimes against minors where video and stenographic testimony is not allowed. Victims of aggravated sexual assault who are less than 14 years of age, and victims of unlawful sexual intercourse, sodomy, sexual penetration, and oral copulation under the age of 10 currently do not have the ability to request a video and stenographic testimony method when the abusers are prosecuted.  As a result, children who are victims to horrible sex crimes must relive the trauma of the crime at each stage of prosecution to hold their abuser accountable.

More psychological harm can be done to a child when the child is required to testify in a room full of strangers and to recall traumatic events again and again. AB 993 will ensure that children victims do not have to relive these traumatic events, but can have the option of videotaping their testimony once.

“This bill helps children who have suffered horrible abuse. They deserve our protection, and this bill will relieve further suffering and trauma,” said Baker.

AB 993 was sponsored by the Alameda County District Attorney’s Office and supported by CA District Attorneys Association, Alameda County Sheriff’s Office, Children’s Advocacy Centers of CA, Child Abuse Prevention Council of Contra Costa County, Crime Victims United, LA County District Attorney’s Office, Moraga Police Department, Police Chiefs Association, and San Diego County District Attorney’s Office. This bill received unanimous, bipartisan support in both the Senate and Assembly prior to receiving the Governor’s signature.

Baker represents the 16th Assembly District, which includes the communities of Alamo, Danville, Dublin, Lafayette, Livermore, Moraga, Orinda, Pleasanton, San Ramon, and Walnut Creek.