Contra Costa Herald

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

Discovery Bay man shot, killed early Sunday morning

By 1 Comment

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

By Leave a Comment

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

By Leave a Comment

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

By Leave a Comment

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.

Two men arrested for August murder of San Francisco woman in Byron

By Leave a Comment

Aleli Avila. Photo by CoCoSheriff

Homicide Detectives from the Contra Costa County Office of the Sheriff have arrested two suspects in the killing of 49-year-old Aleli Avila of San Francisco. Her body was found on a roadway on August 22, 2017, at about 3:50 PM, in the area of 500 Camino Diablo Road in Byron. (See related article)

Detectives on Tuesday arrested 44-year-old Alex Estrada of Antioch. He was arrested in Pittsburg. Estrada was booked into the Martinez Detention Facility on a murder charge. The D.A.’s Office has since formally charged him. Estrada is being held in lieu of $1 million bail.

Friday morning Detectives arrested 60-year-old Rodolfo Manalo of San Francisco. He was arrested in Daly City. Manalo was booked on a murder charge. He is being held in lieu of $1 million bail.

Detectives worked continuously on the Avila murder investigation. They interviewed numerous people, collected evidence, and followed up on all leads. They were able to obtain arrest warrants for both Estrada and Manalo.

The investigation is ongoing. The motive is still being determined. 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.

Oakley man suspected in attempted Byron homicide in custody

By Leave a Comment

Antonio Morales in custody. photo courtesy of CoCoSheriff

The suspect wanted in connection with a recent attempted homicide in Byron is now in custody. 22-year-old Antonio Morales of Oakley was arrested on Tuesday in Antioch by a U.S. Marshals Task Force that worked in conjunction with Office of the Sheriff Detectives.

On September 2, 2017, Deputy Sheriffs were dispatched to a report of a shooting on the 3000 block of Taylor Road in Bryon. Callers also reported an unknown suspect speeding through a parking lot with his vehicle aimed toward a group of people. The vehicle, a Nissan Maxima, reportedly struck numerous people and that several people were injured.

The suspect vehicle fled the scene. Deputies determined two people were hit by the car. They were treated and released from the hospital. Detectives later identified Morales, the driver, as the suspect.

On Wednesday Morales was booked into the Martinez Detention Facility on two counts of attempted murder and one count of assault with a deadly weapon. Morales is being held in lieu of $2,310,000 bail.

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

Orinda child psychologist charged with child porn violates conditions of release, returns to jail

By 1 Comment

Kenneth Breslin. File photo

Lafayette resident was owner of “A Child’s Point Of View” psychotherapy practice, pays $100,000 in restitution, so far

By Allen Payton

Orinda child psychologist Kenneth Breslin was arrested for possession of child pornography on October 5, 2016 which was announced by the Contra Costa District Attorney’s office. According to the U.S. Attorney’s Office District of Northern California, for many years, Breslin now age 69, of Lafayette, Calif., was the Director and Owner of “A Child’s Point of View,” an Orinda-based office that provided adolescent, adult, and family psychotherapy services. (See related article).

A federal grand jury in Oakland indicted him on December 15, 2016, with possession of child pornography. It was announced by United States Attorney Brian J. Stretch and U.S. Immigrations and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Special Agent in Charge Ryan L. Spradlin.

In a press release from the state Board of Psychology on November 9, “Antonette Sorrick, Executive Officer of the Board, released the following statement regarding Dr. Kenneth Allen Breslin: ‘The protection of the citizens of California is paramount to the Board of Psychology and I want the public to know that the Board will move as fast as possible to investigate the allegations regarding Dr. Kenneth Allen Breslin. In the interim, I urge current and future patients to always check the license of their practitioners for their protection and peace of mind.’”

The Board also committed to “take steps to discipline Dr. Breslin’s license and further restrict his ability to practice psychology after further investigation, or action on the criminal matter.”

Breslin was prohibited from practicing psychology pursuant to a Contra Costa Superior Court order issued on November 28, 2016. He later lost his license to practice psychology. The state Board moved to revoke his license for various violations related to the case and he signed a document saying he wouldn’t contest the action.

Breslin was arrested at his residence on December 18, 2016, and made his initial appearance in federal court in San Francisco on December 19.

According to the indictment, Breslin was alleged to have knowingly possessed, and accessed with intent to view, child pornography.  He was charged with one count of possession of child pornography, in violation of 18 U.S.C. § 2252(a)(4)(B).

Breslin was held in the custody of the United States Marshals Service until his appearance December 21, 2016, for a detention hearing before the Honorable Jacqueline Scott Corley, U.S. Magistrate Judge.

He was released on December 21 pending sentencing with the stipulations that he “shall not access the internet & shall not use or possess any computer.” During the detention hearing, Judge Corley confirmed that Breslin “may not use a smart phone, or anything capable of accessing the internet.” He and his sister both signed a $150,000 bond as a promise to pay against property they owned.

However, Breslin violated his release conditions two times by accessing the internet. According to court documents, “Breslin admitted to (Pretrial Services) Officer (Anthony) Granados that he had been using the iPhone regularly to access the internet but denied he was using it for anything illegal. Id. During multiple hearings that resulted from the bond violation, Magistrate Corley found that Breslin had violated the condition that he not access the internet by clear and convincing evidence. The government announced its intention to file a motion to forfeit the bond.”  minute_order_remanding_to_custody

Because of that, two weeks ago, Breslin’s bond was revoked and he was taken back into custody and had to forfeit $100,000. The court agreed that would be the maximum amount. The day he returned to court, Breslin brought in a check for $100,000 for victim restitution, or anything else the court might order, if the restitution amount is less. signed_order_deposit_100K_into_registry     Dkt.48_Surety Bond receipt

According to court documents, “The United States Attorney’s Office has already received more than six requests for restitution from victims of the child pornography materials Breslin possessed, and more restitution requests are expected. The parties have not reached any agreement about the amount of restitution the Court should order, and this stipulation does not indicate that Breslin agrees to pay any particular amount of restitution to any victim in the case. Additionally, a $5,100 special assessment applies in this case, pursuant to 18 U.S.C. §§ 3013 and 3014. As part of the judgment in this case, the District Court may also impose a fine and forfeiture of certain assets.”

Breslin will not enter a guilty plea until his next court date, when he will also be sentenced. According to the U.S. Attorney’s office, he could face “a maximum sentence of 20 years in prison, and a fine of $250,000, plus restitution.  However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.”

The trial had been scheduled for October 26, but it is now being moved to sometime in December.

Assistant U.S. Attorneys Christina McCall and Erin Cornell are prosecuting the case with the assistance of Vanessa Quant, Trina Khadoo, and Michelle Alter Eck.  The prosecution is the result of an investigation by HSI, the Silicon Valley Internet Crimes Against Children’s Task Force, and the Contra Costa District Attorney’s Office.

DA’s office expands education outreach on cyber-bullying, campus and online safety for kids

By Leave a Comment

Starting on September 14, 2017, the Contra Costa County District Attorney’s Office Sexual Assault Unit, in conjunction with the Silicon Valley Internet Crimes Against Children Task Force, expanded an outreach program directed at parents, teachers and students on the topics of cyber-bullying, campus sexual assault awareness and online safety for kids.  The presentations are aimed at educating parents and teachers on new trends involving social media, as well as providing students with information and tools to improve campus safety and prevent online exploitation.

“The effort was started last year, first at DVC,” according to Senior Deputy District Attorney Paul Graves. “The first presentation in a high school was at Campolindo in Moraga.”

“Since then we’ve been working with police officers and those in our office on the task force,” he continued. “Campus sexual assault awareness is geared toward high school seniors and community colleges, due to the content. The cyberbullying and online safety for kids is for everyone, but mainly targeted to middle school students and parents, with presentations for both,”

“We’ve been working to have somewhere for schools to call to have presentations made for students and parents,” Graves added.

Schools, community organizations and parent/teacher groups who are interested in learning more can call Deputy District Attorney Lauren Whalen at 925-957-8603. 

Frazier’s “Jeff Belle” bill to increase penalties for ballot statement lies advances to Gov’s desk

By Leave a Comment

Jeff Belle, source Contra Costa County Board of Education

SACRAMENTO – The full Legislature has approved a bill by Assemblymember Jim Frazier (D-Discovery Bay) which would assess a financial penalty on candidates who lie on ballot statements when seeking political office. AB 894 now goes to the governor for his signature.

AB 894 would impose a fine of up to $5,000 if a candidate includes knowingly false information on statements they submit for inclusion on election ballots. The fine can be multiplied if an offender is convicted on associated criminal charges.

“Candidates who shamelessly lie to voters are committing fraud and they should pay the penalty,” Frazier said. “For many voters, the only information they may have about a candidate is what the candidate submits for a ballot statement. This is especially true in down-ballot races, such as the Board of Education, which usually don’t get a lot of media coverage.”

Frazier authored AB 894 after a Jeff Belle, a candidate elected to represent East County on the Contra Costa County Board of Education in 2014, was found to have blatantly lied about his qualifications, background and criminal record in the candidate statement he submitted for inclusion on the ballot. Instead of a punishment, the candidate received just an entry into a diversion program for offenders. The current fine for intentionally misleading voters on ballot statements is $1,000.

County Sheriff’s Detectives seek Oakley man as suspect in attempted homicide

By Leave a Comment

Antonio Morales. Photo courtesy of CCCSheriff

Detectives from the Contra Costa County Office of the Sheriff are looking for 22-year-old Antonio Morales of Oakley in connection to an attempted homicide incident in Byron.

At about 2:04 AM on September 2, 2017, Deputy Sheriffs were dispatched to a report of a shooting on the 3000 block of Taylor Road in Bryon. Callers also reported an unknown suspect speeding through a parking lot with his vehicle aimed toward a group of people. Initial reports indicated the vehicle, a Nissan Maxima, struck numerous people, shots had been fired and several people were injured.

The suspect vehicle fled the scene. Two people were hit by the car. They were treated and released from the hospital. Detectives later identified Morales, the driver, as the suspect. There is a warrant for his arrest for two counts of attempted murder.

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