Contra Costa Herald

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

District Attorney, Public Defender dismiss 15 cases by two former Pittsburg Police Officers

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On Monday, December 12, 2016, the Contra Costa County District Attorney‘s Office and the Contra Costa County Public Defender’s Office stipulated to the dismissals of three felony cases, ten misdemeanor cases, and two infraction cases involving former Pittsburg Police Officers Michael Sibbitt and Elisabeth Ingram. The officers were witnesses in all of the prosecutions. Issues had arisen in three of the cases over the failure to provide timely production of information to the court concerning the officers.

The dismissed cases included infraction charges of Petty Theft and Disturbing the Peace; misdemeanor charges of Petty theft, Resisting Arrest, and Providing False Information to Police, and Possession of Controlled Substances; and felony charges of being a Felon in Possession of a Firearm, Unlawful Taking of a Vehicle, Possession of Stolen Property, and Commercial Burglary.  Only one of the dismissed cases involved a prison sentence, and that individual’s time in custody was served in county jail.  The remainder of the dismissed cases involved either fine penalties or county jail sentences, with the longest county jail sentence being 180 days.

It is important to note that the officers involved in this matter no longer work for the Pittsburg Police Department.

For additional information concerning this matter, please contact Deputy District Attorney Lynn Uilkema at (925) 957-8794

 

Contra Costa DA Peterson reaches agreement with FPPC to pay $45,000 fine for personal use of campaign funds

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Mark Peterson, courtesy of CCCDA's office.

Mark Peterson, courtesy of CCCDA’s office.

Contra Costa County District Attorney Mark Peterson announced on Monday that he had reached an agreement with the Enforcement Division of the Fair Political Practices Commission regarding use of campaign funds during 2011-2015.  The Enforcement Division will present the agreement to the Commission for its approval on December 15, 2016.

Following is his statement on the matter:

“I served as the treasurer of my own campaign committee from 2011 until 2015, after which I hired a professional paid treasurer. During that five-year period, I borrowed, in increments, a total of $66,373 from the Mark Peterson for District Attorney 2014 Committee.   I used the funds to pay for day-to-day expenses, like meals, gas, cell phone bills, and other personal expenses.  I considered the money a loan, kept track of those expenses at all times, made periodic repayments, and over time, repaid the Committee in full.

In 2015, the Franchise Tax Board (FTB) contacted me about a routine audit. In response, I hired a professional treasurer and immediately contacted the Enforcement Division of the FPPC to make them aware of the expenditures and my plan to address my error.  I cooperated fully and provided my contemporaneous records regarding the expenditures and reimbursements for their review, as well as all of the underlying documents.

The FPPC Enforcement Division has noted: ‘To his credit, upon learning of the FTB audit Peterson contacted the Enforcement Division, admitted his violations and fully cooperated with the investigation.’

It is with disappointment and regret that I acknowledge the mistakes I made regarding my campaign financing account.  As a result of these mistakes, I have agreed to pay the Fair Political Practices Commission a $45,000 administrative fine.

Although I have fully reimbursed the Committee for all of the personal expenditures, I make no excuses.

I am humbled and embarrassed by my mistakes, for which I take full responsibility, and I apologize for my regrettable errors.”

Mark Peterson, Contra Costa County District Attorney

In a further comment on the issue he said, “This matter is still under consideration by the FPPC, so this is the only public comment I am making on the matter.”

Suspects identified in El Sobrante murder on Nov. 12, one in custody

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Suspect Daniel Porter-Kelly IN CUSTODY

Suspect Daniel Porter-Kelly IN CUSTODY

Detectives from the Contra Costa County Office of the Sheriff have identified three suspects in a homicide that occurred in El Sobrante on November 12, 2016.

On Saturday, November 12, 2016, at about 2:11 AM, a Sheriff’s Office Sergeant discovered William Sims lying in the roadway in the area of Appian Way and Garden Lane in El Sobrante. Sims had been beaten and shot and was pronounced deceased at the scene. Sims was 28-years-old and was from Richmond, where he was a musician and worked in retail. He had no gang ties and no criminal history.

Detectives believe Sims was at the Capri Club on the 4100 block of Appian Way, where he was robbed and murdered. Three suspects have been identified and one has been arrested.

Suspect Ray Simons

Suspect Ray Simons

31-year-old Daniel Porter-Kelly of Richmond is in custody. He was booked into the Martinez Detention Facility on November 16, 2016 on murder and robbery charges. The D.A.’s Office has since formally charged him with robbery and murder, with a hate crime enhancement. He is being held without bail. Porter-Kelly’s photo is attached.

Detectives are looking for two outstanding suspects: 32-year-old Ray Simons of Hercules and 31-year-old Daniel Ortega of Novato or Richmond. Both have Ramey warrants for robbery and murder for their arrest.

Additionally, detectives have also arrested 54-year-old Renee Brown of Novato, the mother of outstanding suspect Daniel Ortega. She was booked into jail on an accessory charge for interfering in the investigation. She is being held in lieu of $500,000 bail.

Suspect Daniel Ortega

Suspect Daniel Ortega

The investigation is ongoing. Anyone with any information on this incident or the whereabouts of Ortega and Simons is asked to contact the Office of the Sheriff at (925) 646-2441. They are considered armed and dangerous and should not be approached. Their photos are attached.

For tips, call (866) 846-3592 to leave an anonymous voice message or email: tips@so.cccounty.us.

Deputy Sheriffs Association provides last minute attack on Glover over August 1st recommendation letter for friend facing violent criminal charges

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Glover says he thought it was a recommendation letter for a job

PUBLISHER’S NOTE: We have made it a practice, in the past, of not publishing articles regarding campaigns on Election Day. However, due to the seriousness of this issue and the timing of when this information came to light, which we learned of, last night, on this matter I am making an exception.

By Allen Payton

In a last minute attack in the campaign for Supervisor in District 5, the Contra Costa Deputy Sheriffs Association (DSA), on Monday morning, sent out a press release expressing concern about Supervisor Federal Glover writing a letter asking for leniency for a family friend facing criminal trial. The DSA is backing Martinez Councilwoman Anamarie Avila Farias in her campaign to unseat Glover.

In his letter sent to the court on August 1st, 2016, Glover “used his status and office to lobby for leniency from the District Attorney and Judge for a family friend arrested after a violent crime spree,” the Deputy Sheriffs claim.

In the letter, written on Glover’s official Supervisor letterhead, (see below) he wrote “It is with a great deal of pleasure that I write this letter of support for (the defendant’s name was redacted).”

However, when reached for comment, Glover said he thought it was a recommendation letter for a job.

“This is not uncommon. This is done all the time,” he said.

“It was written over an individual that I’d known and his family,” Glover explained. “I thought it was for a job. It was a very generic letter that we do all the time. I was unaware that it had anything to do with a court case or an incident at a bar, that he was involved in. This was a letter that his father requested it.

“The letter has nothing to do with a court room,” he repeated.

Asked when the Deputy Sheriffs knew about the letter and why it came out the day before the election, DSA President Shawn Welch said, “A citizen came to us who had done a public records request, last month and he sent it to us. I received it last Thursday.”

“We were kind of going back and forth and we drafted a letter and we decided to send it out and we sent a press release, yesterday around 10:00 a.m,” he continued.

“It’s been on our Facebook page, which has gotten over 11,000 reach,” Welch shared. “The guy was arrested in the middle of July and Glover wrote the letter August 1st.”

“We had done all our opp (opposition) research (on Glover) for the IE (independent expenditure campaign) we’re running prior to that,” he added.

Welch provided a copy of Glover’s letter and documents about the charges against Glover’s friend, which can be viewed, here: glover-letter-court-documents

After receiving Glover’s explanation, Welch responded, “The letter was sent to the DA. If I send a letter of recommendation I send it to the person who requested it not the person it is about.”

“Sounds like an excuse,” he added.

The press release had more to say about Glover’s letter.

“In stark contrast to his jovial tone are the suspect’s violent criminal charges. The Supervisor is calling in favors for a suspect arrested after assaulting a man with a firearm, attempting to rob two women at gunpoint, and threatening to kill his victims,” the press release read.

“For Supervisor Glover to lobby for leniency for a dangerous repeat criminal jeopardizes the public and the efforts of hundreds of law enforcement officers throughout the County” said Welch. “The men and women of the Deputy Sheriffs Association have done an excellent job of protecting the people of the County, even during difficult times. Asking a political favor from the District Attorney to be lenient on dangerous criminals makes our job unnecessarily more difficult and dangerous”.

Welch added, “It would be a travesty of justice if Supervisor Glover’s request of leniency resulted in reduced charges for this dangerous criminal. Peace officers did their job in this case, putting a bad guy on trial. A political favor could snatch defeat out of the jaws of victory in the war on crime. Frankly, the mere attempt to use one’s position of political power to gain leniency for a violent criminal is inappropriate and epitomizes the disconnect between Glover and the safety of the public in this county”.

“Every politician who lobbies for special leniency for violent criminals in this county can fully expect to be held accountable by the Deputy Sheriffs Association and its constituents. The truth about political lobbying for leniency is that it puts the public at risk. It does not put the public’s safety first and creates a dangerous situation for Deputies”, said Welch.

The press release also stated the “DSA is asking for District Attorney Mark Peterson, the Deputy District Attorneys Association, and the Sheriff to address Glover’s letter, and to reassure the public that political interference from a County Supervisor has no place in criminal justice, and that Glover’s letter will not result in more favorable plea terms for the suspect in custody.

This is only one example why the Deputy Sheriffs Association has endorsed Anamarie Avila Farias for Supervisor to replace Glover. Anamarie Farias’ steadfast support of public safety is the primary reason she won the overwhelming endorsement of the Deputy Sheriff’s Association. Anamarie has also earned the endorsement of police in Pinole, Hercules, Martinez, Antioch, plus the County Firefighters Local 1230.”

Glover is seeking his fifth term on the Board of Supervisors, representing District 5.

Antioch woman almost hit by driver who struck husband with car, before jumping off bridge in Martinez, Monday

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Martinez Police Officers, County Sheriff Deputies and ConFire personnel attend to three victims of a hit and run, at the intersection of Court and Main Streets in Martinez, Monday morning, November 7, 2016. Photo by Angrett Davies

Martinez Police Officers, County Sheriff Deputies and ConFire personnel attend to three victims of a hit and run, at the intersection of Court and Main Streets in Martinez, Monday morning, November 7, 2016. Photo by Angrett Davies

Angrett Davies from Facebook.

Angrett Davies from Facebook.

By Allen Payton

In a post on Facebook, Monday evening, Antioch resident Angrett Davies shared how she narrowly escaped being hit by a woman who drove her car into her husband and two others, outside a family court house in Martinez, Monday morning. A short time later the woman jumped to her death from the Benicia Bridge.

“I praised the Lord for my life tonight,” Davies wrote. “This morning as I went to Martinez family court building, I started praying parts of Psalm 91 for no reason other than I felt the urge to pray. I kept speaking and praying these words as I drove.”

“When my appointment was over, 30 seconds after I crossed the street where the white van is located, the women (sic) waiting at that intersection to hurt her husband saw her husband in the intersection crossing and she hit the gas peddle to run him over,” Davies shared. “I was spared by 30 seconds. I was in the crosswalk she went through to hit him.”

“I cried and sang praises all the way home and cried more when I told my family,” she added. “I am so grateful to God and Jesus. Thank God those people were not killed.”

Davies, who was recently certified as a new chaplain in the county, then quoted verses 3-15 from the passage in the Bible in her Facebook post.

Emergency personnel treat one of the victims of the hit and run. Photo by Angrett Davies

Emergency personnel treat the injuries of one of the hit and run victims. Photo by Angrett Davies

The woman apparently waited outside of the Family Court Center and drove her car into her estranged husband and two others, before later committing suicide by jumping off the Benicia Bridge.

According to a press release by Commander Eric Ghisletta of the Martinez Police Department, “at 10:33 a.m., Martinez Police Dispatch received a call of an injury accident at the intersection of Court St. and Main St. The reporting party advised the suspect had fled in a light blue vehicle.

Upon MPD arrival, several Contra Costa County Sheriff Deputies were already on scene rendering first aid to three injured subjects. In speaking with witnesses, it appears the suspect intentionally struck three pedestrians in the crosswalk and then fled the area. All three subjects were transported to local hospitals with moderate injuries.

It appears one of the victims left a family court hearing at the Family Law Center (751 Pine St.) just prior to the incident. He was accompanied by two friends and as they were crossing the street, the victim’s estranged wife accelerated her vehicle toward the three subjects in the crosswalk. The drive struck all three pedestrians then stopped the vehicle and reversed directions. She struck one of the victims a second time with her vehicle before fleeing the scene.

Approximately twenty minutes later, Benicia Police Department received a report of a female that appeared to have jumped from the Benicia Bridge. Martinez PD, Benicia PD, CHP and the United States Coast Guard responded to the area where they located a deceased female under the bridge. A vehicle matching the description of the suspect vehicle in the hit and run was located on the bridge in the area where the female had jumped.

Based on all indications, it appears the female who jumped from the bridge was also the driver of the vehicle who struck the pedestrians. Her name is being withheld until positive identification from the Contra Costa County Coroner’s Office.

Investigation is ongoing.”

A call into Detective Miles Williamson who is investigating the case, received a response from Detective Craig Schnabel who said he had no updates, at this time. He has a call into the hospitals but has not heard back. He also stated that the woman’s name has not yet been released.

Please check back later for updates to this story.

Glover announces expansion of anti-gang program across Contra Costa, seeks coordinator

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Operation Ceasefire is a problem-oriented policing intervention aimed at reducing youth homicide and youth firearms violence. Began in Boston, it has been adopted by Chicago, Cincinnati and Indianapolis, and these cities achieved reductions in gun homicide of 25 to over 60 percent. In California, Stockton reduced gun homicide by more than 43 percent between 1998 and 2001. The Contra Costa District Attorney’s Office has been operating a pilot program in Richmond for several years.

“We have been monitoring the success of Ceasefire in Richmond since I chaired the Public Protection Committee,” of the county, said Supervisor Federal Glover. “There has been a significant drop in violent crime in Richmond and we want to spread the program countywide.”

This strategy, based upon extensive research and experience, has evolved from a primary focus on deterring serious gang and youth gun violence, to a comprehensive approach that combines deterrence with workforce training, employment, and other services.

According to the Northern District of California U.S. Attorney’s Office, “The Operation Ceasefire model is being used in California under the program name Safe Community Partnership (SCP). The SCP is a partnership among the Governor’s Office, private funders (including the California Wellness Foundation, the California Endowment, and Kaiser Permanente, Community Benefits, Northern California Region), the Public Health Institute, and six California cities (Modesto, Stockton, Oakland, Salinas, Oxnard and Union City). These partners are working together to implement an evidence-based, data-driven approach designed to reduce serious gang violence in the near term and on a community-wide level. In addition to Oakland and Salinas in the Northern District, East Palo Alto, Richmond and Union City have been added to the Safe Community Partnership/Operation Ceasefire program.”

Contra Costa County is searching for a coordinator for the Ceasefire program, which will be run out of the County Administrator’s Office and work across the various county departments, including the District Attorney’s Office, the Sheriff’s Office, Probation and Health Services. A Request for Qualifications (RFQ) has been issued for individuals interested in the position of coordinator.

Interested individuals can view the RFQ at: http://www.cccounty.us/2366/Services-­Programs

Final responses will be due at 651 Pine Street, 10th floor, Martinez, CA 94553 by noon, Nov. 17, 2016. Questions about the RFQ can be submitted to lara.delaney@cao.cccounty.us by 12 p.m. on Nov. 7, 2016.

“Reaching out to these gang members, or people who are thinking about joining a gang, might make them think twice before they break the law or commit an act of violence,” said Glover. “Ceasefire will help reduce incarceration and, in the end, reduce the social and financial costs for our society.”

For more information about Operation Ceasefire, click here.

Belle ballot statement lie case continued to December, may change plea or face trial

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By Allen Payton

The latest court hearing in the Contra Costa District Attorney’s case against Contra Costa County School Board Member Jeff Belle, over a lie on his ballot his statement in 2014, was held on Monday, October 17th.  However, according to Deputy D.A. Steve Moawad, “it was put over” and “the next court date is December 15th.”

At that hearing, Belle will have to either change his plea from not guilty or the judge will set a date for trial, Moawad explained.

Belle was charged with lying on his candidate’s statement in his campaign for school board in 2014, for writing that he had a college degree, when he had not yet obtained one. That fact was revealed in an interview with this reporter for an article posted on the Antioch Herald website.

If convicted, the maximum penalty for lying on a ballot statement is a fine of $1,000.

Belle represents Area 5 on the county school board, which includes Bethel Island, Clyde, Knightsen, Oakley, and parts of Antioch, Bay Point, Brentwood, and Pittsburg

Contra Costa Democratic Party issues statement on recent hate crimes in county

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Following recent hate crimes in Antioch, Richmond, and Concord, the Democratic Party of Contra Costa County (DPCCC) urges Contra Costa District Attorney Mark Peterson to charge the perpetrators with hate crime enhancements and reiterates its support for minority communities throughout Contra Costa County.

In the dark of night on September 7, 2016, a Molotov cocktail was thrown at a home owned by an African American family in Antioch and racial epithets were spray-painted on the home. Through the great work of the Antioch police department, the suspects were apprehended less than a week later. Although the police referred to this incident as an “isolated matter,” the African American community throughout the east bay was shocked by the event which was intended to terrorize a community simply because of their race.

Around 9:00 pm on September 25, 2016, out-of-town refinery workers attacked a Sikh man on Hilltop Mall Drive in Richmond. In the attack, the assailants knocked the victim’s turban off of his head and violently cut off a fistful of hair that the Sikh religion requires to be kept intact and covered. The violent attack also left the victim with cuts and lacerations on his hands and face, a swollen eye, damage to his teeth that may require thousands of dollars of reconstruction surgery, and a severe cut to one finger that may require amputation. The Richmond police who responded to the event were reportedly skeptical that the event was motivated by hate. The Democratic Party of Contra Costa County believes that this attack was intended to harass, intimidate, and instill fear in the members of the Sikh community and must be prosecuted as a hate crime.

Over two weeks leading up to October 7, 2016, burglars have attacked the Rainbow Community Center in Concord four times and left anti-gay graffiti on the walls, steps, and sidewalks surrounding the Center. Although the attack was less violent than the attacks in Antioch and Richmond, the Concord police department is investigating the incident as a hate crime against the LGBT community.

“Violence, the threat of violence, harassment, and intimidation have no place in our community,” said DPCCC Chair Jeff Koertzen, the first openly LGBT person elected to lead the county party. “Unfortunately, the very hateful rhetoric of the Republican presidential nominee, Donald Trump, has emboldened people to act out against women, minorities, and communities of color. The Democratic Party of Contra Costa County is composed of men and women who feel the sting of these attacks. We are Black, White, Asian, and Latino. We are straight and gay. We are Christians, Jews, Sikhs, Muslim, Hindus, Buddhists and atheists. We stand for the humanity and democracy of all people. We will not tolerate racist, xenophobic, homophobic, transphobic, misogynistic or other intolerant attacks on our community, and we call on people of all faiths, colors, sexual orientations, or political persuasions to reject these attacks and stand up against hate speech in any form.”

 

Missing Antioch teen girl, victim of human trafficking, found safe in San Diego is home

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Naomi Lomax. photos courtesy of Antioch Police.

Naomi Lomax. Photos courtesy of Antioch Police

By Allen Payton

Antioch Police confirmed, today that Naomi Lomax the 15-year-old Antioch teen who went missing Saturday morning, September 17, is home safe.

“I can confirm she has been located safely,” said Corporal Gary Lowther of the Antioch Police Department. When asked for more details, he responded, “that’s all I can say at this time.”

Lomax was found in San Diego by her mother, with the help of social media.

“It was a human trafficking situation, not a runaway,” said her mother Elizabeth Chavez. “She needs healing time. So, that’s all we’re ready to say, right now.”

Check back in a few days for more details.By Allen Payton

Antioch Police confirmed, today that Naomi Lomax the 15-year-old Antioch teen who went missing Saturday morning, September 17, is home safe.

“I can confirm she has been located safely,” said Corporal Gary Lowther of the Antioch Police Department. When asked for more details, he responded, “that’s all I can say at this time.”

Lomax was found in San Diego by her mother, with the help of social media.

“It was a human trafficking situation, not a runaway,” said her mother Elizabeth Chavez. “She needs healing time. So, that’s all we’re ready to say, right now.”

Check back in a few days for more details.

D.A. Peterson announces arrest of Orinda child psychologist for possession of child pornography

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Kenneth Breslin

Kenneth Breslin

On Wednesday, October 5th, 2016, investigators arrested 68 year old Lafayette resident Kenneth Allen Breslin for Possession of Child Pornography. The arrest stems from an investigation conducted by members of the Contra Costa Internet Crimes Against Children Task Force. The task force consists of detectives from the Martinez, Walnut Creek, Moraga, Concord, Pleasant Hill and San Ramon police departments; along with investigators from the Sheriff’s Office, Probation Department, and the District Attorney’s Office.

Investigators served a search warrant in the 3400 block of Moraga Blvd in Lafayette.  During a search of the residence, a significant quantity of child pornography was located on Dr. Breslin’s computers and other storage devices.  A subsequent search of his office in Orinda yielded additional files of child pornography.

Dr. Breslin was arrested and booked at the Martinez Detention Facility. His bail was initially set at $200,000.   The case is being reviewed by the Contra Costa County District Attorney’s Office.

Dr. Breslin has been a psychologist for over 30 years and maintains a practice in Orinda called “A Child’s Point of View.”

Anyone with information should contact Contra Costa District Attorney Senior Inspector Darryl Holcombe at 925-957-8789.