Contra Costa Herald

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

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.

Sheriff’s Detectives seize 600 marijuana plants worth $450,000 from Discovery Bay home Wednesday

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Some of the 600 marijuana plants growing in a Discovery Bay home seized by Sheriff’s Detectives on Wednesday, Nov. 22, 2017. Photo courtesy of CCCSheriff

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

Wednesday morning, November 22, 2017 Detectives from the Contra Costa County Office of the Sheriff Special Investigation Unit served a search warrant at a home on the 2000 block of Wayfarer Court in Discovery Bay. This follows an investigation into a marijuana grow-ing operation at the residence.

Detectives seized approximately 600 marijuana plants worth an estimated $450,000. No one was at the residence. The investigation is ongoing.

Anyone with any information on the 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.

County Probation Department to increase monitoring of high-risk DUI offenders

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State grant to support concentrated efforts to reduce repeat offenses

Contra Costa County’s Probation Department will get a boost in its efforts to ensure that high-risk, felony and repeat DUI offenders are complying with court orders and keeping it safe on the roadways.  The County has been awarded a $373,541 grant to help the Probation Department target potential repeat offenders.  The grant comes from the state’s Office of Traffic Safety (OTS.)

“We are grateful for the continued partnership with the Office of Traffic Safety, which now spans more than ten years,” said Chief Probation Officer Todd Billeci.  “The oversight and assistance of OTS, coupled with strong working relationships with state and local law enforcement agencies, allows the Probation Department to closely monitor and rehabilitate offenders.  The goal is to protect the public and reduce the traumatic impact impaired driving causes across our community.”

During 2014/2015, 21 people were killed and 449 injured in Contra Costa County alone because of collisions tied to alcohol and other drugs.  The grant puts a special focus on high-risk repeat offenders.  It will allow the Probation Department to intensely monitor drivers on probation for felony DUI or multiple misdemeanor DUI convictions.  Tactics will include unannounced home searches, random alcohol and drug testing, and special monitoring to ensure compliance with court-ordered DUI education and treatment programs.

“Probation orders help ensure that these offenders are not a risk to themselves or others,” said OTS Director Rhonda Craft. “By working on compliance, the Contra Costa County Probation Department, with the assistance from the Office of Traffic Safety, will be helping keep the streets across Contra Costa County safe for all.”

While alcohol remains the biggest factor in DUI crashes, the Contra Costa County Probation Department supports the new effort from OTS that aims to boost awareness that “DUI Doesn’t Just Mean Booze.”  Prescription medications and marijuana can also be impairing on their own, as well as in combination with alcohol and other drugs, leading to a DUI arrest.

Funding for the California Office of Traffic Safety grant is through the National Highway Traffic Safety Administration.

 

Sparring Expo holiday event to help fight human trafficking in Contra Costa County

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Feet First Foundation and Toys for Tots presents Sparring Expo, a holiday event on Saturday December 16th, 2017.

Hosted by Sean Sharkey and Christian Sharkey, the event will raise funds to help at-risk youth in Contra Costa County in the fight against human trafficking – saving lives one by one.

Sponsored by Urban Barber College, Toys for Tots by U.S. Marines, Fightkore Gym, & Feet First Foundation

Special Guests include Pro Fighters Angel Cordon and Tino Avila plus a Special Guest.

Doors Open at 5:00-7:30 pm. Live Boxing Expedition with local fighters follows a Holiday Reception 7:30-9:00 pm. The event will include small plate appetizers and drinks

at 816 Main Street in Martinez.

Tickets are $20 for adults and $10 for youth. Bring a toy for Toys for Tots and get 1/2 off ticket, and are available here – https://www.eventbrite.com/e/feet-first-foundation-and-toys-for-tots-present-sparring-expo-tickets-39945407790

For more information about Feet First Foundation, visit their website or Facebook page.

Marsh Creek Detention Facility holds show of over 1,500 Christmas toys made by inmates

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Some of the Marsh Creek Detention Facility inmates proudly display toys they made for children in the county. Photos by CCCSheriff

County’s collaborative program celebrates its 26th year of bringing joy to local at-risk children

By Jonathan Lance, Communications Specialist, Contra Costa County Office of Education

For the 26th straight year, a number of representatives from Contra Costa County non-profit agencies were on hand today for the annual Marsh Creek Detention Facility’s Toy Show to fulfill their at-risk children’s Christmas wish lists. The representatives were able to choose from numerous newly handcrafted toys and bicycles refurbished by the facility’s inmates. These gifts will then be given to the children who are being served by these agencies during the upcoming holidays.

All of the attendees were absolutely awestruck when walking into the Detention Center’s wood shop, which had been turned into an elaborate, colorful Santa’s Workshop. Coordinated by Contra Costa County Office of Education (CCCOE) teacher Paul Turner and with the help of some of his students, their beautiful bicycles and toys were on display among Holiday decorations. Joining the non-profit-agency representatives were Contra Costa County’s Superintendent of Schools Karen Sakata and Sheriff David Livingston, as well as numerous representatives from both agencies to celebrate this longtime partnership that benefits the community.

Both Superintendent Sakata and Sheriff Livingston spoke to the large gathering about the extremely successful partnership of the Contra Costa County Office of Education’s (CCCOE) accredited shop classes being taught in a Contra Costa County Jail. “We are so fortunate to have such a wonderful agency collaboration that creates such value to our county,” said Superintendent Sakata. “With this project, these adult students will certainly bring a brighter Holiday Season to many children throughout our community.”

Sheriff Livingston agreed about the long-standing successful partnership during his morning welcome, and thanked the many representatives with the CCCOE and the Sheriff’s Office. “This outstanding event always officially kicks off the holidays for me,” said Sheriff Livingston. During his offer of gratitude to a number of attendees, he added a special message, addressing the inmates, who were also present at the event and had recently been working on the toys and bikes, “I want to thank you gentlemen and those before you that have been working diligently on this year-long program. You’ll bring a lot of joy to our community’s kids with your woodshop skills”

Contra Costa County non-profit organizations participating in this special event included: Bay Area Housing District, Bay Area Rescue Mission, Brighter Beginnings, Contra Costa County Independent Living Skills Program, El Cerrito Rotary, Friends of Oakley, Pittsburg Police Department, Shelter Inc., The Salvation Army-Antioch Corps, Shepherd’s Gate, La Casa, and VESTIA, Inc.

This year, these organizations were able to choose from more than 1,500 handcrafted toys and 90 bicycles refurbished by inmates from the facility. These toys and bikes are being donated to children served by these organizations for the upcoming holidays. A dedicated group of Marsh Creek Detention Facility inmates have been working on this project for the past year. They have been extremely busy fixing up used bikes to look and ride like brand new, and crafting colorful and beautiful wooden toys, such as, motorcycle rocking chairs, spinning carousels, cars, doll houses, baby cradles, toy tractors, train sets, and more. All of the toy makers and/or bike mechanics are students in the Contra Costa Adult School, an accredited school directed by the Contra Costa County Office of Education (CCCOE), located within the jail facility.

ABOUT THE PROGRAM

During the 2016-17 school year, over 3,000 adult inmates (throughout the three Contra Costa detention facilities) were enrolled in classes ranging from academic programs, including basic literacy and GED or HiSET high school equivalency preparation, to vocational programs, including woodshop, construction, and state-of-the-art computer training. By the end of the school year, 37 student-inmate(s) received their high school equivalency certificate (Hi SET) and 29 received a high school diploma. In addition, there were 328 students who demonstrated learning gains in reading or math, and 317 students earned a certificate of completion in computer applications. Another course directed by the CCCOE is the DEUCE Program (Deciding, Educating, Understanding, Counseling, and Evaluation). These three-part classes (90 days) focus on substance abuse prevention. Last year, 78 students completed at least one of the three phases, and 350 students graduated from DEUCE. The parenting class teaches vital parenting skills to women and men, with 140 certificates issued last school year through the COPE: Counseling Options and Parent Education or Parenting Inside/Out programs. Three years ago, the CCCOE opened a new re-entry class at the West County Detention Facility. The re-entry class offers workforce readiness, career exploration, soft skills workshops, and a nine-week cognitive-behavior-change program called Transitions. Currently, 218 inmates are enrolled in the re-entry course. These classes help to provide education and skills needed for successful transition back into the community.

Reward increased to $5,000 in Blackhawk building vehicle collision, hit and run

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Damage from vehicle crash into building in Blackhawk on August 18, 2017. Herald file photos courtesy of CCSheriff

From CCC Sheriff Facebook page

The reward being offered in the August 18, 2017 vehicle collision into an office building in Blackhawk has doubled to $5,000. The reward, being offered by an insurance company, is for the positive identification and arrest of the suspect in this case. (See related article)

On that evening at about 10 PM, a black, newer-model Land Rover with paper plates collided into the office building located on Executive Parkway, across from Blackhawk Plaza. There was major damage to the office building.

The vehicle then fled and crashed into two parked cars on Center Way near the Chevron Station in the town of Danville.

The Land Rover was driven by a white male described as being in his early 50’s wearing a floral Hawaiian shirt. There was also a white female passenger possibly named “Gloria”. According to witnesses, the Land Rover was later towed from the corner of Indian Rice Road and Goldenrod Lane in Danville.

The male driver was last seen waving down cars on Crow Canyon Road. It is believed the occupants had just left a free concert at Blackhawk Plaza.

If anyone has any information about the vehicle (which should have sustained major damage), its occupants, or the name of the tow truck company, please contact the Blackhawk Police Department at (925) 736-1018.  You can also call the anonymous tip line at (866) 846-3592. Tips can also be emailed to: tips@so.cccounty.us.

County CASE Team investigation nets arrests of nine East County suspects

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Guns and drugs seized by the CASE team during a recent investigation in East County. Photo courtesy of CCCSheriff

After a months-long investigation into a gang in East Contra Costa County that was allegedly transferring firearms illegally, law enforcement officers on Wednesday executed eight search warrants in Pittsburg, Antioch, and Bay Point.

The investigation was led by CASE (Contra Costa County Anti-Violence Support Effort). During the operation, CASE was assisted by Special Agents from the California Department of Justice (Burea…u of Firearms), Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Marshals, Contra Costa County Office of the Sheriff, California Highway Patrol, Pittsburg Police Department, Walnut Creek Police Department, Richmond Police Department and Probation Officers from the Contra Costa County Probation Department.

A total of nine people were arrested and booked into the Martinez Detention Facility. They are being held on numerous charges that include conspiracy, gang and narcotics violations, and weapons’ charges including felon in possession of a firearm, possession of an assault rife, prohibited person in possession of a firearm, and illegal transfer of a firearm.

During searches of the locations, law enforcement officers seized one AK-47 style assault rifle, three handguns, high capacity magazines, cocaine, marijuana, and pills.

The CASE Team is a joint effort by the Office of the Sheriff, California Department of Justice, California Highway Patrol, Pittsburg Police Department and Walnut Creek Police Department. CASE was created in November 2011 as a collaborative effort to reduce violent crimes in Contra Costa, especially those related to illegal firearms.