Contra Costa Herald

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

Antioch teen suspect in Pittsburg homicide turns himself in on Sunday

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Larry Neal, Jr. Photo from Pittsburg PD

On July 19, 2017 at 3:00 p.m., Pittsburg Police Officers investigated a homicide that occurred in front of the Baskin Robbins on Century Blvd. During the investigation police detectives quickly identified 19-year-old Antioch resident Larry Neal, Jr. as the shooter.

Detectives later obtained a warrant for Neal’s arrest and officers served a search warrant at his residence. At the time of the warrant service Neal was not at home. Detectives were able to speak with Neal on the telephone; however, they were unable to determine his location. Neal refused to cooperate with detectives and an extensive search to locate him was unsuccessful.

On Sunday, July 23 near midnight, Pittsburg detectives were informed Neal had turned himself in to the Martinez Detention Facility, where he was booked for the outstanding warrant for his arrest.

Coroner to hold August inquest into death of Pittsburg woman during Clayton police officer pursuit in May

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In accordance with the Contra Costa County Chiefs’ of Police Association Officer Involved Fatal Incident Protocol, Sheriff-Coroner David O. Livingston will hold an inquest into the death of 24-year-old Maria Gaglione of Pittsburg. This incident occurred on May 13, 2017 in Contra Costa County.

The Clayton Police Department was dispatched to a local shopping center for a suspicious vehicle call. Gaglione and another person were seen leaving the shopping center in a stolen vehicle. A Clayton police officer pursued the vehicle for approximately a half-mile until it collided into a wall on the 4900 block of Myrtle Drive in Concord. The driver was transported to a local hospital. Gaglione was pronounced deceased at the scene.

The proceedings will convene on August 24, 2017 at 9 AM at the A.F. Bray Courthouse, 1020 Ward Street, Department 30, Room 3012, Martinez, California.

The purpose of the inquest, which Sheriff-Coroner Livingston convenes in fatal incidents involving peace officers, is to present the facts of the incident to a jury for their deliberation and finding on the manner of death.

The inquest is open to the public and members of the media are invited to attend. However, no photographs or video may be taken during the proceedings.

San Pablo man arrested for attempted murder in North Richmond, Thursday

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On Thursday, July 20, 2017, at about 6:22 PM, Office of the Sheriff dispatch received a report of a gunshot victim on the ground near Truman Street and Chesley Avenue in North Richmond. Deputy Sheriffs arrived to find a 12-year-old boy who was shot. He was airlifted to a local hospital and is said to be in stable condition.

The suspect vehicle was seen leaving the area and was stopped by Deputy Sheriffs. The suspect was arrested. He is identified as 20-year-old Javier Flores of San Pablo. He was later booked into the Martinez Detention Facility for attempted murder, assault with a deadly weapon, and participating in a gang. He is being held in lieu of $570,000 bail.

The investigation into this case is ongoing. Anyone with any information on this case is asked to contact the Office of the Sheriff at (925) 313-2500. For any tips, please email: tips@so.cccounty.us or call (866) 846-3592 to leave an anonymous voice message.

Pittsburg police identify Antioch teen as suspect in Wednesday homicide at Century Plaza

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Homicide suspect Larry Daryl Neal, Jr., 19 years old, Antioch resident. Pittsburg PD photo.

By Captain S. Albanese, Pittsburg Police Department

Pittsburg Police Detectives have been working throughout the evening and have identified Larry Daryl Neal, Jr., a 19-year-old Antioch resident, as the shooter in this incident.  Neal is considered armed and dangerous and investigators have secured a warrant for his arrest related to this homicide. (See related article)

At this time, the victim’s name is being withheld pending notification to family members.  Detectives were able to quickly identify Neal as the suspect in this case due to overwhelming cooperation by the community throughout the investigation.

The Pittsburg Police Department asks anyone with additional information, or has knowledge of Neal’s whereabouts to please contact the Pittsburg Police Department Tip-Line at 925-252-4040 or Dispatch at 925-646-2441.

Pittsburg police seek suspect in Century Plaza shooting death of Bethel Island man, Wed. afternoon

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By Captain S. Albanese, Pittsburg Police Department

On Wednesday, July 19th at 3:00 in the afternoon, Pittsburg Police Officers responded to the Baskin Robbins on Century Boulevard, in regards to a reported shooting. When Officers arrived on scene they located a 43-year-old male suffering from several gunshot wounds.  Pittsburg Police Officers immediately began performing CPR on the victim for life saving efforts.  The victim, a resident of Bethel Island, was transported to Sutter Delta Medical Center and succumbed to his injuries. The Investigations Division responded to the scene and took over the investigation.

Based on initial information, it appears the victim and suspect knew each other. Detectives are currently contacting witnesses and obtaining additional statements.

The Pittsburg Police Department asks anyone with additional information to please contact their Tip-Line at 925-252-4040.

Oakley man drives stolen vehicle wrong way on Hwy 4 between Antioch and Brentwood, causes Sat. night crash sending eight to hospital

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Screenshots from KRON4 News video of Highway 4 crash between Antioch and Brentwood, Sat., July 15, 2017.

Car stolen in Concord

By Brandon Correia, Public Information Officer, Contra Costa CHP

Saturday night, July 15, 2017 at about 8:07 p.m., Contra Costa CHP was advised of a head-on collision at HWY4 at Sand Creek Road in Brentwood, with the report of injuries. Upon CHP arrival, it was learned that multiple parties had suffered major injuries. It was determined that one of the vehicles involved was a reported stolen vehicle out of Concord from the same day, a 1994 gold Honda Accord – License#7RAE887 – and that …the gold Honda was traveling the wrong way on HWY4. Two parties had to be air-lifted to trauma centers.

A 2015 Honda Odyssey van with seven occupants was traveling westbound on HWY4, just west of Sand Creek Road. The stolen gold Honda Accord entered the westbound lanes of HWY4, traveling wrong way-eastbound in the westbound lanes-from Lone Tree Way. The suspect vehicle was reported at a high rate of speed and passing multiple vehicles in the wrong way direction until ultimately colliding head-on with the Honda Odyssey. HWY4 was briefly shut down for the investigation.

Injured people from the 2015 Honda Odyssey are listed as follows: The driver, a 30-year-old Asian male adult, out of San Francisco, sustained moderate injuries. Passengers: a 34yr old Asian female adult, out of San Francisco, sustained minor injuries. A female baby, 1yr old-out of San Francisco, just for precaution. A 61-year-old Asian Adult female, out of San Francisco, sustained major injuries but is in stable condition. A 2-year-old Asian Female baby, out of San Francisco, sustained minor injuries. A 72-year-old Asian Adult female, out of San Francisco, sustained minor injuries. A 10-year-old Asian female juvenile, out of San Francisco, sustained minor injuries. All injured parties from the minivan were taken to John Muir Hospital in Walnut Creek.

The suspect vehicle’s passenger, a 22-year-old white male adult, out of Oakley, was transported to Eden hospital in Dublin with major injuries but is in stable condition.

The suspect driver, 24-year-old Rafael Duarte (DOB-11-16-92), out of Oakley, was transported to John Muir Walnut Creek for minor injuries. Upon his release from the hospital, Duarte was arrested and booked into the Martinez Detention Facility for the following charges; Felony DUI, possession and driving of a stolen vehicle, unlicensed drivers license, no vehicle insurance, and driving wrong way on the highway causing injury.

Asked about the victims of the collision, Brandon Correia, Public Information Officer for Contra Costa CHP said, “they’re all in stable condition. The passenger in the gold Honda had major injuries, but they’re not life threatening.”

This is an ongoing investigation and if anyone witnessed this collision or has information regarding it, please contact CHP-Contra Costa in Martinez at (925) 646-4980.

See video of the crash scene on KRON4.com.

Allen Payton contributed to this report.

Pittsburg man sentenced to over 21 years for felony insurance fraud, other crimes

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Faced but was acquitted of charges in murder-for-hire plot against nine jurors while in jail

Charles Waldo. Photo from Contra Costa District Attorney

Martinez, CA – The Contra Costa County District Attorney’s Office announced on Wednesday that after an extensive four-year investigation, a long jury trial and a conviction by a jury of 37 separate counts relating to 19 separate incidents that occurred over a seven-year time span, Charles Waldo was finally sentenced on June 27, 2017 for his crimes. Waldo was the owner of a recycling business.

After being convicted of multiple felony counts of insurance fraud, embezzlement, grand theft, vandalism, perjury, elder abuse, illegal gun possession and arson, among other things, Judge Barry Baskin sentenced Waldo to 40 months in county jail followed by 21 years and 8 months in state prison, one of the longest sentences obtained for insurance fraud in the history of Contra Costa County.  Mr. Waldo must register as a California convicted arson offender pursuant to Penal Code 457.1.  He has also been ordered not to contact one of his victims and to pay $22,500 in fines.

According to a 2014 report by NBC Bay Area News, “the District Attorney’s investigation into Waldo began in the spring of 2012 when its office received information about a vehicle arson and a suspected fraudulent car insurance claim, Deputy District Attorney William Murphy said. The investigation revealed multiple fraudulent insurance claims of arson and vandalism on five cars over a five-year period beginning in July 2007 with losses from the vehicles exceeding $100,000, Peterson said. Further investigation revealed Waldo was suspected of embezzling over $100,000 from a former employer and stealing a $38,000 generator from his former employer’s business.

As the manager, Waldo reportedly ‘forced out’ other employees so he could hire his associates, and then directed the new employees to commit other crimes, including stealing recyclable metals and an electrical transformer, prosecutors said. At one point, Waldo was traveling with employees from the business when a police officer attempted to pull him over for speeding. Waldo escaped after traveling at speeds of over 100 miles per hour, Murphy said.

He also allegedly ordered the workers to help build a 2,000-square-foot addition to his Pittsburg home while they were supposed to be working for Waldo’s employer.”

Waldo was also accused by the “Investigators from the California Department of Insurance…that he committed worker’s compensation insurance fraud, along with tax code violations.”

“After his employer fired him, Waldo allegedly drove to his employer’s business, and to the homes of several employees, and punctured the tires of their cars. He also continued to claim unemployment benefits for a year even though he had found other employment.”

According to a CBS new story in 2014, Waldo was also “charged with plotting to kill nine witnesses set to testify against him.

Prosecutors say investigators found a hit list that included the witnesses’ names, in what order they were to be killed, and suggestions to kill them in car crashes, with drug overdoses and in robberies ‘gone bad.’”

However, he was later acquitted of those charges.

Multiple agencies assisted the Contra Costa District Attorney’s Office with this investigation including: the CA Department of Insurance, the CA Highway Patrol, Contra Costa County Fire Protection District, the National Insurance Crime Bureau, Geico Insurance Company, Progressive Insurance Company, and Hertz Equipment Rental. Allen Payton contributed to this report.

CHP identifies person of interest in Friday night hit and run collision in Concord killing two San Pablo boys

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LEMUEL SIRVONN WILSON, Jr. Photo courtesy of DMV

Friday night, June 30, 2017, at about 10:55 pm an Infiniti sedan collided with a Dodge Durango on the Solano Avenue on-ramp to SR-4 in Concord and subsequently killed two young children and injury two others.

At 10:55pm, a silver 2004 Infiniti sedan was traveling on SR-4 westbound at an unknown rate of speed and traveling towards the Solano Avenue off-ramp. At the same time, a grey 2006 Dodge Durango was traveling on the on-ramp from Solano Avenue to SR-4 westbound, which is adjacent to the off-ramp. It is unclear why, at this time, but the driver of the silver Infiniti drove off the roadway of the off-ramp and directly towards the Durango. The front end of the Infiniti slammed into the left rear of the Durango. The collision was so severe the Durango was pushed sideways down to the edge of the on-ramp and the Infiniti was catapulted over the dividing fence and into the parking lot of Kinder’s where it came to rest just feet from the front door.

Sadly, a 10-year-old boy and five-year-old boy from the Durango were both ejected and tragically died at the scene. The three-month-old remained in its car seat but sustained major injuries and was transported to Oakland Children’s Hospital. The driver, 35-year-old mother, sustained major injuries and was transported to John Muir Hospital in Walnut Creek. This family resides in San Pablo.

Witnesses on scene said the driver of the Infiniti fled on foot across the highway and ran towards the Solano drive-in movie theater located at Arnold Industrial Place. The fleeing driver was described as a black male adult, lanky build about 5’10”-6’1″, with short black hair and wearing a gray or dirty white shirt, blue jeans and black shoes. Witnesses also said the driver sustained injuries to his head and face because of the significant amount of blood on him. And he may have additional injuries as well. The CHP along with numerous allied agencies searched the area but were unsuccessful in finding the driver.

PERSON of INTEREST: From evidence, information located at the scene, and eyewitness testimony at the scene, LEMUEL SIRVONN WILSON, Jr – DOB-6/24/1982, is the number one person of interest in this hit & run fatality collision. If you know him, know his whereabouts now, saw him at the collision scene or at the movie theater, please contact CHP – Golden Gate Division Communications Center by calling 707-551-4100. Relate that you have information for CHP – Contra Costa and Officer Odom who is handling this investigation. Thank you for any help you can provide.

Contra Costa DA announces three sentenced to prison for $6.0 million in wage theft, tax fraud and insurance fraud

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Owned restaurants including one in Brentwood

On Friday, June 16, 2017, the Honorable Charles “Ben” Burch sentenced defendants Yu Chen, Feng Gu, and Rongdi Zheng to three years and four months of state prison each and imposed a $6.1-million-dollar restitution order, including restitution for approximately $4.5 million in unpaid minimum wage and overtime, as well as approximately $1.5 million in unpaid taxes.

The investigation began in 2013 when investigators from the Contra Costa District Attorney’s Office, California Employment Development Department (“EDD”) and the California Department of Insurance (“CDI”) conducted surveillance of several restaurants in three counties.

On January 10, 2014, investigators from all three agencies, assisted by representatives from the Department of Industrial Relations (“DIR”), Bureau of Field Enforcement, and law enforcement officers from Alameda, Contra Costa, and Placer Counties served simultaneous search warrants on nine locations, including four restaurants and several private residences.  The restaurants were the Golden Dragon Buffet in Brentwood, the Golden Wok Buffet in Roseville, the Kokyo Sushi Buffet in Hayward, and the New Dragon Buffet in San Leandro.

Investigators interviewed the employees and seized business records.  Many employees reported being recruited from outside the Bay Area.  Once they arrived, the employer kept them in crowded housing and bussed them to work six days each week for twelve hour shifts per day.  Auditors determined that the four restaurants underpaid minimum wage and filed tax returns that underreported payroll tax and sales tax.

In December of 2016, the Contra Costa County Grand Jury returned an indictment of several defendants related to the investigation.  That same month, investigators from the Contra Costa District Attorney’s Office arrested Yu Chen, Rongdi Zheng, Feng Gu, Shao Rong Zhang, and Zhou Xian Chen related to the indictment.

On May 23, 2017, Defendant Shao Rong Zhang pled no contest to a misdemeanor charge of enforcing a policy on behalf of her employer that employees not report minimum wage violations, in violation of Labor Code section 1102.5.  Pursuant to the negotiated disposition, Judge Burch sentenced Ms. Zhang to one hundred and twenty days in jail and probation.

Also on May 23, 2017, Defendants Yu Chen, Rongdi Zheng, and Feng Gu pled guilty to charges of conspiracy to violate the minimum wage law, payroll tax fraud, sales tax fraud, and insurance premium fraud pursuant to a negotiated disposition that provided for the judge to choose the term of imprisonment in a specified range at the sentencing hearing.  Each of these three defendants were alleged to be joint owners of either the Brentwood or Roseville restaurants during some timeframe of the charged conspiracy.

On May 24, 2017, charges were dismissed against defendant Zhou Xian Chen.

On June 16, 2017, in Martinez, Judge Burch heard argument and then announced sentence.

Attorney Tomas Margain who represents two of the workers submitted a letter to the Court for sentencing calling the “the most egregious case of wage theft I have seen” in nineteen years of handling these types of cases.  He continued, “I was to commend the District Attorney’s Office and the law enforcement officials who worked on this case.”

Several workers from the restaurants spoke at the sentencing hearing and submitted written statements to the Court.  Worker M.T. wrote, “We were always getting yelled at and nothing we did was ever good enough for them.  They lived to instill the fear in us and they succeeded because we did not know any better and we did not know who to turn to.  This experience has damaged me emotionally.  I will never forget it.  I truly do not wish this upon anyone.  I would have family and friends ask me how my ‘experience’ in the U.S. was and I could not bring myself to tell them because I was so ashamed.  I lived in shame for the situation that I was in but, I know that I have to move forward and not look back anymore.”

Worker E.F. also submitted a letter, “I will never be the same.  At my current job there are moments where I must get a look on my face because my coworkers ask me if I am ok, If I need to go home, . . . I tell them all that I have lived through and that there is fear that this might happen to me all over again.  I want justice to be served so that this won’t happen to anyone else.  This shouldn’t happen to anyone else.”

Judge Burch cited the impact that these crimes had on real people in sentencing all three defendants to three years and four months in prison.

Deputy District Attorney Jeremy L. Seymour prosecuted the case.  The prosecution is a result of a multi-agency investigation effort led by the Contra Costa District Attorney’s Office that included case agents and representatives from four different state agencies including DIR, CDI, EDD, and the Board of Equalization.

Sheriff gets green light to build $95 million West County jail project

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The white topped buildings show the approved expansion of the West Contra Costa Detention Facility.

Supervisors consider Grand Jury Report on East Contra Costa Fire Protection District

By Daniel Borsuk

Contra Costa County Sheriff-Coroner David Livingston exited the County Administration Building in Martinez the victor on Tuesday when county supervisors voted 4-1 to spend $25 million in general funds towards the construction of the controversial West Contra Costa County Reentry, Treatment, and Housing Facility in north Richmond. Only District 1 Supervisor John Gioia of Richmond voted no.

As the Sheriff left the building, a cluster of opponents to the project, chanted, “We Shall Overcome.”

Supervisors had agreed to spend county funds of which $15 million comes from the General Fund Reserve, $4.5 million from the Sheriff’s Plant Acquisition Account, and $2.5 million from the 2011 Local Revenue Fund upon learning the county was awarded $70 million in Senate Bill 844 Jail Construction funding from the California Board of State and Community Corrections on June 8.  In addition, $3.2 million of 2011 In-Kind Match Land Value funds will be allocated for the project.

Two years ago Livingston was unsuccessful in securing SB 844 funding for the jail project when the county’s application was disqualified by the state corrections agency, but this time around the county’s application sailed through without difficulty, he told supervisors.

“It comes as no secret that I will vote no on this project,” said Gioia.  “Spending $15 million of general fund money is inappropriate.”

The supervisor said this jail project has started a movement to “shift money from enforcement to prevention” in the community, a statement a number of community speakers had pleaded supervisors do numerous times over the past several months.

See the Sheriff’s presentation to the Supervisors, here: West County Detention Facility expansion presentation

Obviously, the community push to spend county public money on community health programs instead on a county jail project that would provide mental health services for inmates fell apart.

Board Chair Federal Glover of Pittsburg disagreed with Gioia, saying, “I’m always on the prevention side.  This will give those in our jail a pathway.  They need programs where they can get another opportunity and find necessary tools to make it in the world when they are released.”

“We need to find ways to prevent and divert people from going to jail,” said District 3 Supervisor Diane Burgis of Brentwood.  “People want services, not jail cells.  I understand that.”

Even then Burgis decided to spend the general fund money to construct the jail addition in north Richmond.

For five minutes District 2 Supervisor Candace Andersen of Danville read a list of community based behavioral health organizations such as the North Richmond Center for Health, West County Health Center, Bay Point Family Health Center, Pittsburg Health Center and Willow Pass Wellness Centers which all receive a piece of the $253 million in public funds that the board of supervisors spends each year.

While Andersen listed the county backed mental organizations, opponents turned their backs to her in protest.

“I want you to know I have been out in the community,” said Andersen,” I’ve talked to people on both sides of the issue.  There are many people who want this project to move forward, but are not here to speak.  Those of you with your signs don’t want to listen to the truth.”

District 4 Supervisor Karen Mitchoff concurred with Andersen.  “I’ve been in public office 14 years,” said  Mitchoff, “We have been listening.  This board has been putting millions of dollars into mental health programs in our communities.”

Mitchoff also said the board of supervisors had nothing to do with the April 2015 closure of Doctor’s Medical Center in San Pablo, a topic that infrequently popped up sporadically during the public hearings.  The San Pablo hospital closed in April 2015 when a parcel tax measure placed by the hospital’s owner, the nonprofit West Contra Costa Health Care District, failed to gain a two-thirds voter approval in a May 2014 ballot by mail election.

There were plenty of speakers voicing disapproval over the jail project.  Sixty-five of the 70 speakers opposed the jail project.  Some speakers urged supervisors to delay making a decision over concerns the supervisors were being influenced to approve the funding because Sheriff Livingston had secured the SB 844 funding from the state.

Supervisors did not elaborate, but they said they were not swayed by the Sheriff-Coroner Office to approve the local funding portion for the jail project.

Gordon Miller insisted public money should be spent on mental health programs outside the jail.  “It’s like putting lipstick on a pig,” he said in reference to the planned West Contra Costa County Reentry, Treatment and Housing Facility project.

“I want to understand why four out five of supervisors are on the wrong side on this issue,” said Kaiser nurse Susie Riley.  “Mental health is the civil rights issue of our time.”

But County Mental Health Commissioner Karen Cohen of Walnut Creek, a mother of a mentally ill child, called on supervisors to approve the $25 million allocation so that the county can build the 416-bed jail expansion.  “Do the right thing and move the project forward,” she said.

The project will provide 416 beds of which 320 beds will be for high security prisoners and 96 beds for behavioral health inmates, Sheriff-Coroner David Livingston told supervisors.  The new facility will replace 420 beds in the existing Martinez jail.

While informing supervisors his department does not conduct United States Immigration and Customs Enforcement sweeps or participate in any other ICE activities, Livingston said his department has since 1992 provided beds for ICE arrestees.

“We receive $6 million a year in revenue from the federal government for that ICE contract and I won’t walk away from that kind of money,” Livingston said.

Grand Jury Report on East Contra Costa Fire Protection District

County officials will respond to at least two recommendations and one finding the Contra Costa County Civil Grand Jury has requested the board of supervisors respond to concerning the financially troubled East Contra Costa Fire Protection District.

Supervisors accepted the report at Tuesday’s board meeting, but did not comment on the report.

After closing five of the eight fire stations under the ECCFPD’s jurisdiction in 2009, the grand jury listed nine recommendations of which the county is responsible to respond to two recommendations.

One recommendation states: “The County should consider adopting a policy to collect impact fees from all developers of residential and commercial properties to fund capital improvements that will be needed to open future stations.”

The second recommendation the county needs to respond to states, “The County should consider adopting a policy to enter into agreements with all developers to establish Community Facility Districts to provide operating revenue for ECCFFD.”

The Grand Jury also wants the county to respond to a finding, “The County does not always require developers of residential and commercial properties establish Community Facility Districts.”