Contra Costa Herald

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

Wilson’s Constitutional amendment defining, banning forced prison, jail labor as slavery in California passes State Senate committee

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Source: ACLU & GHRC

ACA 8 “would prohibit the Department of Corrections and Rehabilitation or any local entity operating a jail facility from punishing any incarcerated person for refusing a work assignment.”

Senate Public Safety Committee approves, moves to Senate Elections Committee

Would go to voters in November

By Edgar Guerra, Communications Director, Office of Assemblywoman Lori Wilson

SACRAMENTO, CA – The End Slavery in California Act (ACA 8), authored by Assemblywoman Lori D. Wilson (D-11) has made significant progress by passing out of the Senate Public Safety Committee. This crucial step brings California closer to abolishing the practice of forced labor for incarcerated workers and removing the last vestiges of slavery from the state constitution.

The Constitutional Amendment was introduced in February 2023 and passed by the Assembly last September. According to the Legislative Counsel’s Digest, “The California Constitution prohibits slavery and prohibits involuntary servitude, except as punishment to a crime.

This measure would instead prohibit slavery in any form, including forced labor compelled by the use or threat of physical or legal coercion. form. This measure would prohibit the Department of Corrections and Rehabilitation or any local entity operating a jail facility from punishing any incarcerated person for refusing a work assignment. The measure would also clarify that its provisions do not prohibit the Department of Corrections and Rehabilitation or any local entity operating a jail facility from awarding an incarcerated person credit towards their sentence for voluntarily accepting a work assignment.”

Wilson, who represents portions of Eastern Contra Costa County, emphasized the urgency of advancing this historic measure, stating, “The passage of ACA 8 out of the Senate Public Safety Committee marks a critical moment in our pursuit of justice and human dignity. We must urgently move this bill through the Senate Elections and Appropriations Committees, and onto the Senate and Assembly floors, so we can get it to the voters. Californians deserve the opportunity to abolish slavery once and for all.”

According to a November 2023 L.A. Times article about “The California Department of Corrections and Rehabilitation’s (CDCR) proposal…for eliminating all unpaid work assignments and reducing hours for most prison workers from full-time jobs to half-time.”

“Approximately 40% of California’s 96,000 prisoners have jobs while they serve out their sentences, according to the department spokesperson, doing laundry and janitorial work, as well as clerking and construction. Their wages generally range from 8 cents an hour to 37 cents an hour, depending on the skill level required for the job. The proposal calls for doubling the wage range, from 16 cents an hour to 74 cents an hour,” according to the Times’ report. “Prison officials argue that higher wages will have several benefits, including making it easier for inmates to pay back the money they owe for damage from their crimes” and “Fifty-five percent of inmates’ wages go toward restitution costs, according to the Department of Corrections.”

According to the CDCR’s Restitution Responsibilities, Information for Adult Offenders, “Restitution means ‘paying back’…State law requires judges to order restitution in every criminal case,” and “may cover medical bills, funeral expenses, and the cost of repairing damaged property.”

There are two types of restitution. “Restitution fines usually range from $200 to $10,000” and are determined by the judge. “Direct orders are specifically for victim losses because of the crime(s) committed against them” and the judge also determines the amount to be paid.

The ACA 8 Coalition, echoed the same sentiment as Wilson: “We are fighting to give people long-overdue humanity. Californians should be able to say how they feel about the forced labor of incarcerated people and our state’s continued use of slavery/involuntary servitude as a means to exploit human beings in 2024. The ACA 8 Coalition is determined to give voters the opportunity to add their voice to this movement. We must end slavery. No excuses, no exceptions.”

In May, the ACLU California Action announced, ACA 8 Coalition, made up of more than 30 organizations across the state, had secured the endorsement of the California Democratic Party. The organization wrote in a press release, “On Sunday, May 19, the California Democratic Party endorsed the End Slavery in California Act by Assemblywoman Lori Wilson (ACA 8). This historic legislation will give incarcerated workers the dignity and autonomy to prioritize education, vocation or rehabilitative programming over forced exploitation. ACA 8 places a constitutional amendment before the voters in November to remove the last vestiges of slavery from our state constitution.”

The press release further reads, “After the legislature passes ACA 8, voters can remove the “exception clause” that allows prison officials to force incarcerated people to labor and punish workers for calling off sick, taking a day to grieve, or declining a work assignment that does not serve their rehabilitation needs.”

According to a June 2022 report by the ACLU entitled, Captive Labor: Exploitation of Incarcerated Workers, “From the moment they enter the prison gates, incarcerated people lose the right to refuse to work. This is because the 13th Amendment to the U.S. Constitution, which protects against slavery and involuntary servitude, explicitly excludes from its reach those held in confinement due to a criminal conviction. The roots of modern prison labor can be found in the ratification of this exception clause at the end of the Civil War, which disproportionately encouraged the criminalization and effective re-enslavement of Black people during the Jim Crow era, with impacts that persist to this day.

Today, more than 76 percent of incarcerated workers surveyed by the Bureau of Justice Statistics say that they are required to work or face additional punishment such as solitary confinement, denial of opportunities to reduce their sentence, and loss of family visitation. They have no right to choose what type of work they do and are subject to arbitrary, discriminatory, and punitive decisions by the prison administrators who select their work assignments.”

Following its passage in the Senate Public Safety Committee, ACA 8 now moves to the Senate Elections Committee. Upon approval there, it will proceed to the Senate Appropriations Committee, and subsequently, to the Senate and Assembly floors for a final vote.

Allen D. Payton contributed to this report.

Elder Abuse Signs and Legal Remedies virtual workshop June 14

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June is Elder Abuse Awareness Month; June 15th is World Elder Abuse Awareness Day

Deadline to register: June 13 at 8:30 AM

By Susan Kim, Executive Director, Family Justice Center

Did you know…One in ten Americans aged 60 or older experiences some form of elder abuse? Elders who have been abused are 300% more likely to die than their peers.

Emily Milstein , Staff Attorney for Contra Costa Senior Legal Services, will provide training on Elder Abuse Signs and Legal Remedies during a virtual workshop training on Friday, June 14, 2024, from 10:00-11:30 AM.

The Contra Costa Elder Abuse Prevention Project (EAPP) prevents and combats elder abuse through an active community network that raises awareness and coordinates services.

Visit cocoelderjustice.org for more information about EAPP.

To register for the training click, here.

Pittsburg man found with drug pipe, fake gun, tear gas in car arrested

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The fake gun confiscated from the suspect on June 5, 2024. Photo by Brentwood PD

Near Antioch Target store

By Brentwood Police Department

REAL OR FAKE?

Last Wednesday, June 5, 2024, around 1:45 in the morning, a Brentwood officer was patrolling Lone Tree Way when they observed a parked car near the Target parking lot. Given that the businesses were closed, and it was very early in the morning, the officer conducted a suspicious vehicle stop and contacted the owner, identified as 57-year-old Louis Gonzalez from Pittsburg.

Gonzalez informed the officer that he had a drug pipe. Upon searching his car, the officer found an imitation gun, drug paraphernalia, and unlawful possession of tear gas.

Gonzalez was placed under arrest, and the imitation gun and tear gas were confiscated.

This incident highlights the dangers and challenges posed by imitation firearms. These replicas can easily be mistaken for real weapons, potentially leading to dangerous situations for both law enforcement and the public.

Major injury hit-and-run crash on I-680 southbound near Pleasant Hill Sunday

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The hit-and-run suspect’s car and victim’s dog who was released to family members. Photos by CHP-Contra Costa

Public’s help needed ID’ing, finding suspect

By CHP – Contra Costa

On Sunday, June 9th, at approximately 2:07pm, CHP Contra Costa was advised of a two-vehicle crash on I-680 southbound south of Willow Pass Road. An unknown male adult driver of a dark gray Acura TL was reported traveling on I-680 southbound, south of Willow Pass Road, at a high rate of speed. While weaving recklessly in and out of lanes, the driver lost control of the Acura and crashed into a black BMW 320i. The BMW was driven by a female adult and occupied with one canine passenger.

The driver of the BMW sustained major injuries during the crash and was transported to the hospital where she is expected to recover from her injuries. The BMW’s canine passenger was unharmed in the crash and was taken to a local animal shelter before being released to family members.

After the crash, the driver of the Acura was last seen fleeing the area on foot, heading south towards the Homewood Suites located at 650 Ellinwood Way in Pleasant Hill.

Upon initial investigation it was determined the driver of the BMW was properly seat-belted. It is unknown whether the driver of the Acura was seat-belted during the crash, and it is unknown if the crash is DUI related.

This crash is still under investigation. If anyone witnessed the crash, the events leading up to, or has information/dash-cam footage of the crash/suspect, please contact CHP Contra Costa in Martinez, (925) 646-4980 or email your contact information to 320Investigations@chp.ca.gov to be contacted by the investigating officer.

Initiative to repeal Prop 47 soft-on-crime measure qualifies for Nov. ballot

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Photos: Californians for Safer Communities

Allows felony charges and increases sentences for certain theft and drug crimes, including fentanyl

Sacramento, CA – California Secretary of State Shirley N. Weber, Ph.D. announced that an initiative became eligible for the November 5, 2024, General Election ballot on June 10, 2024.

In order to become eligible for the ballot, the initiative needed 546,651 valid petition signatures, which is equal to five percent of the total votes cast for governor in the November 2022 General Election.

A measure can become eligible via random sampling of petition signatures if the sampling projects that the number of valid signatures is greater than 110 percent of the required number. The initiative needed at least 601,317 projected valid signatures to become eligible by random sampling, and it has exceeded that threshold today.

On June 27, 2024, the Secretary of State will certify the initiative as qualified for the November 5, 2024, General Election ballot, unless it is withdrawn by the proponent prior to certification pursuant to Elections Code section 9604(b).

While the proponents of the initiative, Californians for Safer Communities labeled it The Homelessness, Drug Addiction, and Theft Reduction Act. But Attorney General Rob Bonta’s official title and summary of the measure is as follows: ALLOWS FELONY CHARGES AND INCREASES SENTENCES FOR CERTAIN DRUG AND THEFT CRIMES. INITIATIVE STATUTE.

– Allows felony charges for possessing certain drugs, including fentanyl, and for thefts under $950—both currently chargeable only as misdemeanors—with two prior drug or two prior theft convictions, as applicable. Defendants who plead guilty to felony drug possession and complete treatment can have charges dismissed.

– Increases sentences for other specified drug and theft crimes.

– Increased prison sentences may reduce savings that currently fund mental health and drug treatment programs, K-12 schools, and crime victims; any remaining savings may be used for new felony treatment program.

Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Increased state criminal justice system costs potentially in the hundreds of millions of dollars annually, primarily due to an increase in the state prison population. Some of these costs could be offset by reductions in state spending on local mental health and substance use services, truancy and dropout prevention, and victim services due to requirements in current law. Increased local criminal justice system costs potentially in the tens of millions of dollars annually, primarily due to increased court-related workload and a net increase in the number of people in county jail and under county community supervision. (23-0017A1)

According to Ballotpedia.com, the political action committee supporting the measure, Californians to Reduce Homelessness, Drug Addiction, and Theft, has raised over $7.2 million to support the effort. Of that amount $2.5 million was contributed by Walmart, $1.0 million from Home Depot, $500,000 from Target, $300,000 each from 7-Eleven and California Correctional Peace Officers Association Truth in American Government Fund.

The Secretary of State’s tracking number for this measure is 1959 and the Attorney General’s tracking number is 23-0017A1.

The proponent of the measure is Thomas W. Hiltachk of the Bell, McAndrews & Hiltachk law firm. They can be reached at (916) 442-7757. The address for the proponent is 455 Capitol Mall, Suite 600, Sacramento, CA 95814.

For more information about how an initiative qualifies for the ballot in California, visit https://www.sos.ca.gov/elections/ballot-measures/how-qualify-initiative/

Allen D. Payton contributed to this report.

 

7 Contra Costa men arrested for using internet to sexually exploit, abuse children

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11 arrested in multi-agency Predator Operation. Photos: Oakley PD

Multi-agency effort also nabs 4 other Bay Area suspects during Predator Operation; one suspect is a Boy Scouts Troop Master

By Danielle Navarro, Assistant City Manager, City of Oakley

The Oakley Police Department hosted an operation May 24 through 31 that involved identifying and arresting adults who use the internet to seek out children to sexually exploit and abuse them. This was done in conjunction with the Internet Crimes Against Children (ICAC) task force and it included the following agencies: Antioch, Brentwood, Pittsburg, Concord, Danville and Walnut Creek Police Departments, Contra Costa County Sheriff’s Office, Contra Costa District Attorney’s Office, Contra Costa County Safe Streets Task Force, FBI, Homeland Security Investigations and the U.S. Secret Service

Oakley Police Detective J. Dombrouski coordinated the operation, supported by Sergeant K. Morris, Detectives B. Gill, N. Pistello, R. Schiff and a host of other Oakley police officers. The coordination efforts included making sure enough personnel were dedicated and in place to account for an appropriate number of takedown teams and making sure there was enough technical, forensic and investigative support to lead to a successful operation.

This operation resulted in 11 arrests of adults who established inappropriate and sexually-based online relationships with who they believed were minor children. The 11 suspects arrested attempted to physically meet up with their intended target by driving to a predesignated “meet location.” Some brought candy with them as well as sexual contraception items. One of the suspects is a known Boy Scout Troop Master; another suspect is a known behavioral therapist for children with special needs. All 11 suspects were booked into jail on felony charges.

The identities of the 11 suspects who were arrested are:

  • Anthony Joseph Taormina, male, 64, Oakley
  • Jonathan Francisco Henriquez-Garcia, male, 32, Antioch
  • Humayoun Kabir, male, 60, Antioch
  • Yerson Josue Cruz-Perez, male, 27, Pittsburg
  • Isaias Valdez, Jr., male, 30, Pittsburg
  • Jason Michael Pearson, male, 48, Concord
  • Daniel Mark Sigmundson, male, 51, Concord
  • Elio Rodriguez-Martinez, male, 29, Oakland
  • Ashneel Singh, male, 29, Hayward
  • Luis Cuevas-Morales, male, 25, Hayward
  • Zuhair Mukatash, male, 59, South San Francisco

“I thoroughly appreciate all of the efforts and diligence exhibited by all of the law-enforcement personnel, Deputy District Attorneys, and support staff members that resulted in the arrests of these very dangerous men, said Oakley Police Chief Paul Beard. “Furthermore, I am very proud of my investigations staff who coordinated everything that went into this operation, and I am honored to be their Chief. I have always appreciated proactive, task-oriented missions. This operation ranks at the top of what I consider to be the most important type of proactive, task-oriented missions. In a very literal sense, the innocence of children was saved by the efforts that went into this operation. Knowing some of the back stories that went into these arrests, I have a very visceral feeling of disgust about the men who were arrested. I believe I speak for everybody involved in what happened when I say I fully support the prosecutors as they manage the criminal filings and cases against these men while they seek complete accountability against them. Stay safe Oakley and hold your children tight.”

Charges, Arrest History & Custody Status for Contra Costa Suspects

According to localcrimenews.com:

Taormina was arrested on May 30th and charged with lewd acts upon a child, attempted kidnapping, attempting to contact a minor with intent to a commit offense, arrestee arranged a meeting with a person he knows to be a minor for the purpose of exposing his or her genitals;

Henriquez-Garcia was arrested on May 29th for attempted lewd acts with a child, arranging a meeting with a child for lewd purposes and attempting to contact a minor with intent to commit an offense;

Kabir was arrested on May 30th for attempted kidnapping, attempting lewd acts with a child, arranging a meeting with a child for lewd purposes, attempting to contact a minor with intent to commit an offense and distribution or exhibition of lewd material to a minor (with prior);

Valdez was arrested on May 29th for lewd acts upon a child, warrants or holds only, arranging a meeting with a child for lewd purposes and attempting to contact a minor with intent to commit an offense. He was previously arrested in July 2022 by the San Joaquin County Sheriff’s Department for vandalism – damage to property, carrying a concealed firearm upon person – pistol / revolver / other firearm and carrying a loaded firearm when not the registered owner;

Pearson was arrested on May 29 for attempt lewd acts with a child, warrants or holds only, arranging a meeting with a child for lewd purposes, attempting to contact minor with intent to commit offense. He was previously arrested in Nov. 2016 by Concord Police for battery on a spouse / cohabitant / former spouse; and

Sigmundson was arrested on May 31st for lewd acts upon a child, arranging a meeting with a child for lewd purposes and attempting to contact a minor with intent to commit an offense.

According to the Contra Costa County Sheriff’s Office:

as of Tuesday, June 4th, Taormina and Kabir had bonded out of custody;

as of Monday, June 10th Cruz-Perez was still in custody; the five-foot, five-inch, 220-pound Valdez (born 4/6/1994) is being held on no bail at the West County Detention Facility and has a court appearance scheduled for Thursday, June 12 at 8:30 AM in Superior Court;

as of Monday, June 3rd, Pearson had bonded out of custody; and

as of Wednesday, June 5, Sigmundson had also bonded out of custody.

No online information could be found from the CC Sheriff’s Office for Henriquez-Garcia.

Allen D. Payton contributed to this report.

 

 

 

Stolen vehicle search leads to Walnut Creek man arrested on firearm, drug charges in Pleasant Hill

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Drone footage shows stolen vehicle in which a gun and drugs were discovered on Wednesday, June 5, 2024. Photos: Pleasant Hill PD

By Pleasant Hill Police Department

On Wednesday night, June 5, 2024, patrol officers located a stolen vehicle in the parking lot of the Crossroads Shopping Center. After a few minutes of surveillance with the help of our Drone Team, two subjects were contacted attempting to leave in the vehicle.

During a search of the vehicle, a loaded firearm and narcotics were discovered. Ultimately, 54-year-old Phillip Nimrod Wilson, Jr. of Walnut Creek, was arrested and booked into county jail on numerous firearm and narcotics charges. The stolen vehicle was recovered and will be returned to its owner!

As the summer kicks off in the next couple of weeks, expect to see more active patrols and arrests throughout our local shopping centers!

According to recentlybooked.com, the six-foot, two-inch, 205-pound Wilson is Black and was also arrested in Dec. 2022 for possession of a controlled substance and unlawful paraphernalia.

According to the Contra Costa Sheriff’s Office, as of Friday night, June 7, he was out of custody without any charges filed.

Allen D. Payton contributed to this report.

Brentwood car stop leads to drug bust of Berkeley man

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Gun, drugs, cell phones and cash found with the suspect on Sunday, June 2, 2024.Photo: Brentwood PD

By Brentwood Police Department

This past Sunday, June 2, 2024, around 11:30PM, a Brentwood PD Sergeant was patrolling Highway 4 near Lone Tree Way, when he observed a vehicle with expired registration. The driver, identified as 56-year-old Gerald Bernard Smith of Berkeley, had a suspended Driver’s License for DUI and an open container of alcohol in the car.

Upon searching the car, officers located a loaded firearm, and a variety individually packaged drugs, a digital scale, and a large amount of cash indicating that Smith was in possession of these drugs for sale.

Smith, a convicted felon, was placed under arrest for a variety of charges including being a felon in possession of a gun, possession of drugs for sale and several other related charges.

Smith was placed under arrest and transported to the County Jail for booking.

According to localcrimenews.com, Smith was also arrested in 2012 for possession of marijuana or hashish for sale, selling or furnishing marijuana or hashish while having a prior prison term.

According to the Contra Costa Sheriff’s Office, Smith is Black, out of custody as of Thursday morning, June 5th and no charges have been filed against him.

Allen D. Payton contributed to this report.

Police investigate vandalism of Brentwood church

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Message spray painted on building

By Lindzie Laughridge, Community Engagement Officer, Brentwood Police Department

Brentwood, CA- On June 6th, 2024, around 07:00AM, officers were dispatched to the 1800 block of Highland Way for a church that had been vandalized. When officers arrived, they found that the church had been spray painted with, “Avenge al Aqsa, LDS invest in genocide ur tithes takes lives, free congo sudan invest in, divest invest from exxon meta apple jp morgan amazon google.” Officers also located two broken windows to the church.

Preliminary evidence suggests that the incident occurred overnight and in addition, no entry was made inside the building.

This incident is still under investigation, and we ask anyone from the public with information to contact our non-emergency line at 925-809-7911. Callers may remain anonymous.

Vallejo man charged in injury hit and run DUI in Walnut Creek

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By Ted Asregadoo, PIO, Contra Costa District Attorney’s Office

Martinez, California – A Vallejo man faces multiple charges stemming from a collision that injured two people at the Walnut Creek Farmers Market.

The incident occurred around 5:17 am on Sunday, June 2nd, on Locust Street in Walnut Creek, between Cole and Lacassie Avenues. This section of the street is typically closed on Sundays for a Farmers Market. While vendors were setting up, 33-year-old Jose Manuel Chavez (born 8/31/90) struck two female victims with his vehicle, causing serious injuries to both women. After the collision, Chavez fled the scene.

Walnut Creek Police responded quickly to emergency calls and located Chavez’s damaged vehicle entering I-680 at Lawrence Way. Officers pulled him over on Buskirk Avenue, near the Pleasant Hill/Contra Costa Centre BART station, by 5:20 am and arrested him shortly after. (See related article)

On June 5th, the Contra Costa District Attorney’s Office filed charges against Chavez in Superior Court. He faces three felony charges, some with enhancements, and one misdemeanor. The complaint includes two felony counts of driving under the influence (DUI) causing injury to both victims [VC 23153(a)]. These charges include enhancements related to injuries sustained by both victims. Chavez is also charged with felony hit and run resulting in serious injury [VC 20001(b)(2)] and a misdemeanor for driving without a valid license after a DUI offense [VC 14601.5(a)].

Chavez was arraigned today, Thursday, June 6, at 1:35 pm in Contra Costa Superior Court in Martinez. He remains in custody at the West County Detention Facility in Richmond.

Case No. 01-24-02263 | The People of the State of California v. Chavez, Jose Manuel

According to the Contra Costa Sheriff’s Office, six-foot, 230-pound Chavez is being held on no bail and his next court appearance is scheduled for June 17, 2024, at 1:30 p.m. in Superior Court.

Allen D. Payton contributed to this report.