Contra Costa Herald

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

Bay Area serial bank robber from Antioch sentenced to more than five years in prison

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Brandon Elder arrested for a Brentwood bank robbery on Jan. 26, 2022. (Photo: Brentwood PD) and his Facebook photo posted on Oct. 3, 2021.

Defendant robbed a bank only 19 days after release from custody for previous bank robbery

Brandon Elder has history of arrests dating to 2016 including 5 times in 2021 and 3 times in 2022

By U.S. Attorney, Northern District of California

SAN FRANCISCO – Brandon John Elder was sentenced to 63 months in prison for bank robbery, announced United States Attorney Ismail J. Ramsey and Federal Bureau of Investigation (FBI), San Francisco Field Office, Special Agent in Charge Robert K. Tripp. The sentence was handed down by the Hon. James Donato, United States District Judge.

Elder, 29 (born 2/14/1995), of Antioch, pleaded guilty to the charge on December 14, 2023. According to court filings, Elder walked into a bank in the Marina District of San Francisco on September 20, 2022, wearing a black hoodie, black facemask, and blue gloves. He approached the teller window, stated “this is a robbery,” and demanded “50s” and “100s.” The teller handed over $10,000 in cash to Elder, who ran out of the bank and back to his getaway car in a nearby parking garage. Elder was arrested two days later in Pleasant Hill, Calif., while shoplifting a PlayStation from a Target with $7,867 cash in his pocket. A grand jury indicted Elder on November 1, 2022, charging him with one count of bank robbery, in violation of 18 U.S.C. § 2113(a). Elder pleaded guilty to the charge without a written plea agreement.

Elder committed this bank robbery while still on post-release community supervision. He had been released from state custody only 19 days earlier after serving a custodial sentence related to the robbery of a bank he committed on January 26, 2022, in Brentwood, Calif. In addition, Elder already had been convicted of 11 other thefts in state court, including a violent incident during which he slashed a loss prevention officer with a box cutter. (See related article)

“Repeat offenders like Brandon Elder should not be allowed to continue terrorizing the community,” said United States Attorney Ismail J. Ramsey. “Enough is enough. This Office will ensure that criminals like Mr. Elder face serious repercussions for their actions.”

“Elder used threats and intimidation to terrorize the employees of the bank he robbed,” said Special Agent in Charge Robert Tripp. “His complete disregard for the law demanded justice, and justice he received with this sentence. The FBI will not waver when it comes to preserving the peace of our community by taking dangerous criminals off the streets.”

In addition to sentencing Elder to prison, Judge Donato ordered the defendant to serve a year of supervised release to begin after his prison term is completed. The defendant was immediately remanded into custody.

Assistant U.S. Attorney George Hageman is prosecuting the case with the assistance of Lakisha Holliman. The prosecution is the result of an investigation by the FBI.

According to localcrimenews.com, Elder was also arrested five times in 2021 and three times in 2022 by multiple agencies including Vallejo PD, Dublin PD, San Francisco PD, Antioch PD, Pleasant Hill PD and BART Police for crimes including driving with a suspended license, drug possession including for sale, vehicle theft, receiving stolen property – motor vehicle, evading an officer including wanton disregard for safety, resisting arrest, failure to appear, smoking on BART and burglary. (See related article)

In addition, Elder was also arrested twice in 2016, first on Feb. 1st at 4:30 p.m. by Antioch Police on an outstanding felony warrant then again on August 19, 2016 by Antioch Police and at that time was a known gang member, who had two felony warrants for his arrest. Several APD officers went to Elder’s residence in the 200 block of Rossi Avenue where he was contacted in his bedroom. Elder was arrested and sent to county jail.

According to his Facebook page, Elder is from Oakland, lives in Antioch and is single, went to John Swet High School in Crockett and works at Safeway. His last post was on Nov. 8, 2021, while at the DMV in San Francisco.

According to the Alameda County Sheriff’s Office, the five-feet, seven-inch tall, 135-pound Elder, who is white and has green eyes and brown hair, is being held in the Santa Rita Jail on no bail.

Allen D. Payton contributed to this report.

A $12.5 billion problem: California ranks #1 for cybercrime losses in 2023

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Source: FBI

Unveiling the top 10 U.S. states with highest cybercrime losses last year

By CyberNut

Cybercrime surged to unprecedented levels in 2023, resulting in over $12.5 billion in losses across the United States. Discover which states suffered the most significant financial impacts and delve into the factors driving these staggering losses in our comprehensive analysis.

  • California ranks #1 among states that experienced cybercrime loss
  • California lost around $2.16 billion in 2023. due to cybercrimes
  • California alone accounted for approximately 17.3% of the total cybercrime losses in the U.S. in 2023

Cybercrime has become a growing threat to businesses, schools, and individuals all over the United States, with more than $12.5 billion in potential losses incurred in the last year alone. But some states are bearing the brunt of the financial losses – is your state one of them?

“This can be attributed to the state’s large population (the largest in the U.S.), thriving tech industry, and high concentration of affluent individuals and businesses, making it an attractive target for cybercriminals,” notes Oliver Page, CEO of CyberNut.

Page delves into the top ten U.S. states that experienced the highest cybercrime losses in 2023, exploring the potential reasons behind these staggering figures.

Rank State Loss (in USD)
1 California 2,159,454,513
2 Texas 1,021,547,286
3 Florida 874,725,493
4 New York 749,955,480
5 New Jersey 441,151,263
6 Pennsylvania 360,334,651
7 Illinois 335,764,223
8 Arizona 324,352,644
9 Georgia 301,001,997
10 Washington 288,691,091
  1. Washington

Washington’s thriving tech industry makes it a prime target for cybercriminals. Oliver Page says, ‘With major tech companies like Microsoft and Amazon headquartered here, the state holds vast amounts of valuable data.’ Attacks on these giants and smaller businesses contributed to the state’s losses in 2023, which amounted to over $288 million.

  1. Georgia 

Atlanta’s status as a significant financial hub plays a role in Georgia’s cybercrime losses, which reached over $300 million last year. Oliver Page notes, ‘The state houses numerous banks and financial institutions, attracting cybercriminals seeking to exploit vulnerabilities in the financial sector.’

  1. Arizona

Arizona’s growing population and businesses make it susceptible to cyber threats. Small to medium-sized companies, often with fewer cybersecurity resources, become easy targets. The state’s focus on healthcare and education makes it a prime target for ransomware attacks.

Arizona lost over $320 million to cybercrimes last year.

  1. Illinois 

Illinois, particularly Chicago, is a center for business and commerce. The state’s diverse economy, including finance, healthcare, and manufacturing, offers cybercriminals a variety of lucrative targets. Cybercrimes in Illinois in 2023 reached over $335 million.

  1. Pennsylvania 

‘Pennsylvania’s large number of healthcare providers and insurance companies make it a prime target for data breaches,’ said Oliver Page. Cybercriminals exploit vulnerabilities in these sectors to steal sensitive information, leading to significant financial losses. In 2023, these losses amounted to some $360 million.

  1. New Jersey

New Jersey, in fifth place, experienced over $441 million in cybercrime losses, potentially due to its proximity to New York and its own thriving financial and pharmaceutical sectors.

  1. New York

Oliver Page says, ‘New York, the fourth-highest state, suffered nearly $750 million in losses, reflecting its status as a global financial hub and the presence of numerous high-profile companies and organizations, all of whom are a prime target for cybercriminals.’

  1. Florida 

Florida ranks third, with nearly $875 million suffered in cybercrime losses. ‘The state’s reliance on tourism, real estate, and financial services, as well as its large elderly population, make it vulnerable to scams and data breaches,’ Oliver Page says.

  1. Texas 

The state of Texas comes in second with over $1.02 billion in losses, likely due to its large population, diverse economy, and significant presence in industries like energy, finance, and healthcare, all of which are prime targets for cyberattacks.

  1. California 

California tops the list as the state with the highest cybercrime losses in 2023, reaching a staggering amount of nearly $2.16 billion.

Oliver Page notes, ‘This can be attributed to the state’s large population (the largest in the U.S.), thriving tech industry, and high concentration of affluent individuals and businesses, making it an attractive target for cybercriminals.’

Cybercrime’s Devastating Impact

These staggering cybercrime losses have a significant impact on the overall economy and financial system. Oliver Page says, ‘The theft of sensitive data, financial fraud, and disruption of critical infrastructure can lead to decreased consumer confidence, higher insurance premiums, and increased costs in every area for businesses and individuals.’

To mitigate these risks, businesses, organizations, and individuals in these high-risk states should implement robust cybersecurity measures, such as:

  • Regularly updating software and systems to address known vulnerabilities.
  • Implementing strong access controls, including multi-factor authentication and password management.
  • Providing comprehensive cybersecurity training for employees to recognize and respond to phishing attempts and other social engineering tactics.
  • Regularly backing up data and testing incident response plans to ensure business continuity in the event of a breach.
  • Cyber insurance should be considered to transfer some of the financial risk associated with cyber threats.

About CyberNut

CyberNut is a security awareness training solution built exclusively for schools. CyberNut’s automated campaigns train your school’s faculty, staff, & students to recognize and report the phishing emails and deep fake Al scams that are targeting your school district, making CyberNut the easiest and the most painless security awareness training solution to implement and manage for school IT departments.

Methodology

The data on U.S. states with the highest cybercrime losses is taken from the FBI’s Internet Crime Report 2023, Page 25 (https://www.ic3.gov/Media/PDF/AnnualReport/2023_IC3Report.pdf).  After collecting the data, we ranked it based on the highest losses to the respective state. The total amount of money lost ($12.5 billion) was taken from the same report.

Following Memorial Day standoff in Concord man arrested for weapons charges, cruelty to child

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Neighborhood residents ordered to shelter in place for a few hours

Suspect held on $150,000 bail; has previous arrests for drug charges, DUI’s

By Sgt. Scott Smith, Concord Police Major Crimes Unit

On Monday, May 27, 2024, at 6:08pm, the Concord Police Department’s Dispatch Center received a call from a Concord resident reporting that a man she recognized from the neighborhood, later identified as 47-year-old Christian Alexander Stuart (born 10/8/76), had forced his way into her home on Rosebrook Court. She advised Stuart was armed with a handgun and she was home with three young children. Stuart waved his firearm around and pointed his firearm at the adult victim and one of the children. The adult victim was able to distract Stuart in a way that allowed all of them to escape outside. Officers quickly arrived, got the victims to safety, surrounded the residence, and deployed a drone. Officers heard several gunshots coming from inside the home.

A shelter-in-place order for the neighborhood was issued on X (formerly Twittter): “Concord PD is requesting residents in the area south of Cowell Road, from Saint Francis Dr to Ridge Park Dr, to shelter in place. There is heavy police activity on Saint Francis Dr.  If you see anything suspicious or unusual, please call 911 or 925-671-3333.”

Source: Concord PD

After a couple hours, Stuart exited the residence holding the firearm. He was safely taken into custody. No one was injured during the incident. Several bullet impacts were located inside the residence as well as evidence of a small fire. Stuart told officers he entered the victim’s home because he was being followed by several armed subjects. A thorough investigation was conducted and no evidence was located to support Stuart’s statement.

Stuart was arrested per 245(a)(2) PC – Assault with a Deadly Weapon, 451 PC – Arson, 246.3 PC – Negligent Discharge of a Firearm, 25850(c)(6) PC – Carry a Loaded and Unregistered Firearm, and 273.5A – Cruelty to Child. He was booked at the Martinez Detention Facility.

According to the Contra Costa Sheriff’s Office, the five-feet, five-inch tall, 165-pound Stuart is being held on $150,000 bail.

According to localcrimenews.com, he was also arrested in 2016 by Concord Police for planting and/or cultivating marijuana and/or hashish, in April 2010 and, again in October 2010 by Contra Costa Sheriff’s Deputies for DUI.

Allen D. Payton contributed to this report.

CA Department of Justice clears Antioch Police of criminal charges in 2021 officer-involved shooting

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Cover of CA DOJ Policy and Practice Recommendations for APD and Figure 1. photograph from Brentwood Police Department drone footage showing Guadalupe Zavala taking aim and shooting at a police drone. Source: CA DOJ

Guadalupe Zavala caused 6-hour stand-off ending in his death while unarmed; son later sued City of Antioch

CA DOJ “commends APD” for manner in which they handled situation

CA Attorney General issues “policy and practices recommendations”

By California Department of Justice

OAKLAND – California Attorney General Rob Bonta, pursuant to Assembly Bill 1506 (AB 1506), today released a report on Guadalupe Zavala’s death from an officer-involved shooting involving the Antioch Police Department in Antioch, California on December 10, 2021. The report is part of the California Department of Justice’s (DOJ) ongoing efforts to provide transparency and accountability in law enforcement practices. The report provides a detailed analysis of the incident and outlines DOJ’s findings. After a thorough investigation, DOJ concluded that criminal charges were not appropriate in this case. However, DOJ recognizes the important lessons to be learned from this incident. As required by AB 1506, the Attorney General has issued specific policy and practice recommendations related to the incident.

Figure 2: Distance between Mr. Zavala’s house and the location where Officer Duggar and Sergeant Chang were when they fired their shots. Figure 6: This image shows that the distance between Officer Rombough and Detective McDonald (both positioned on the Antioch armored vehicle) and were about 103 feet from Mr. Zavala when they fired. Source: CA DOJ

“Loss of life is always a tragedy,” said Attorney General Bonta. “AB 1506 is a critical transparency and accountability tool, and our hope for this report is to provide some understanding and aid in advancing towards a safer California for all. The California Department of Justice remains steadfast in our commitment to working together with all law enforcement partners to ensure an unbiased, transparent, and accountable legal system for every resident of California.”

Figure 11: Bullet holes photographed in residence neighboring Mr. Zavala’s home where neighbors reported shots fired by Mr. Zavala. Figures 11A&B: Bullets holes in neighbor’s vehicles outside Mr. Zavala’s residence. Source: CA DOJ

On December 10, 2021, Antioch Police Department responded to multiple calls regarding a man who was barricaded in his home with a rifle after shooting at neighboring homes and vehicles. A standoff lasting more than six hours ensued, during which Mr. Zavala fired multiple rounds from various locations towards law enforcement personnel, vehicles, and nearby residences. De-escalation measures, communications from the crisis negotiations team, and attempts to coerce Mr. Zavala from his residence were unsuccessful. At one point, Mr. Zavala exited his front door carrying what appeared to be a “full AR-15 style rifle.” Two snipers with the Antioch Police Department each fired one round hitting Mr. Zavala, causing him to fall back. However, because Mr. Zavala was wearing body armor, he was able to regain his footing and moved back inside the residence. Later, a fire started in Mr. Zavala’s home, and he ran out and took cover in his backyard. When law enforcement knocked down the fence of Mr. Zavala’s yard with an armored vehicle, Mr. Zavala ran towards the armored vehicle and was fatally shot.

Zavala’s son, Diego Zavala, joined in a 2023 federal lawsuit against the City of Antioch and six Antioch Police officers. (See related articles here, here and here)

Figure 25: Still frame from armored vehicle video of Mr. Zavala getting up halfway after the first round of shots were fired by officers. Figure 4: Mr. Zavala lying prone outside the North side of his home, under a barbecue, with what the helicopter reported to possibly be a handgun in his hands (circled). Figure 9: Cellphone image from Mr. Zavala’s phone from the day of the incident. Source: CA DOJ

Under AB 1506, which requires DOJ to investigate all incidents of officer-involved shootings resulting in the death of an unarmed civilian in the state. DOJ conducted a thorough investigation into this incident and concluded that the evidence does not show, beyond a reasonable doubt, that the officers involved did not act in lawful self-defense or defense of others. Therefore, there is insufficient evidence to support a criminal prosecution of the officers. As such, no further action will be taken in this case.

Figure 19. Assault rifle found in the hallway of a bedroom in Mr. Zavala’s residence. Figure 21. Ballistic vest recovered from the backyard. Figure 23: A box of unfired .40 caliber S&W ammunition found in the safe of the master bedroom of Mr. Zavala’s residence. Source: DOJ

CA DOJ “Commends APD” for How They Handled Situation

In addition, the report shows the California DOJ Police Practices Section conducted a supplemental review of the information and “PPS commends APD for the manner in which they handled this volatile, dangerous situation, coordinating with neighboring agencies, exploring less-lethal options, and rapidly deploying the SWAT and CNT teams to the incident to attempt to achieve a peaceful surrender.”

Source: CA DOJ

CA DOJ Recommendations

As part of its investigation, DOJ has identified several policy recommendations that it believes will help prevent similar incidents from occurring in the future. These recommendations include:

COMMUNICATION

Antioch Police Department should ensure that officers are equipped with effective communications devices that can operate in the hilly areas covered by their department. Antioch Police Department can seek additional coverage or upgrades through their department-issued cell phone or radio carriers or, if that is impracticable or not feasible, examine whether there are other cell phone carriers or radio channels that would work in all areas they serve.

COMMUNICATION BETWEEN AGENCIES

Antioch Police Department should ensure that their officers can effectively and efficiently communicate with officers from other agencies in future incidents by setting up regional radio channel systems for interagency communication.

See CA DOJ APD Policy Recommendations from Zavala_AB1506 Report

Emails were sent early Friday afternoon to Acting Antioch Police Chief Brian Addington, Antioch Police Officers Association leaders and their attorney, Mike Rains for comment on the report, as well as City Attorney Thomas L. Smith, Addington and Rains with questions regarding the 2023 lawsuit that included Zavala’s son. The efforts were unsuccessful prior to publication time, except for a response by Rains.

Early Friday evening he said, “That was good news from the DOJ. I think the findings were appropriate. The DOJ does a very good job, in my opinion, in these 1506 cases analyzing the facts and clearing the officers of any wrongdoing. I also see the PPS commends the department for de-escalation.”

About the lawsuit Rains said, “I don’t know on the civil side if the lawsuit is settled or not,” as Rains’ firm does not represent former officer Eric Rombough.

“We represented the officers in the 1506 case, including Duggar and Chang, who were the two primary officers who fired their weapons and were part of the DOJ investigation,” he added.

A copy of the complete report can be found here.

Please check back later for any updates to this report.

Allen D. Payton contributed to this report.

Contra Costa Fair Board president says “two temporary staffers” robbed of “a little under $100,000” during bank deposit

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Photos of the 2024 Contra Costa County Fair by Allen D. Payton. See more photos on the @cocoherald Facebook page.

“Not any business, including any business I worked for would take a deposit at night” – Craig Cannon, Contra Costa County Fair Board President

Shares more details, says policies and procedures will be discussed at next Board meeting June 12

Positive Fair news: Mexican rodeo group working to bring Hispanic-themed events to former arena

By Allen D. Payton

Following the armed robbery of proceeds from the Contra Costa County Fair during an attempted bank deposit early Monday morning, May 20, 2024, after the end of this year’s fair Sunday night, on Thursday, Fair Board President Craig Cannon shared additional details about the incident. (See related article)

Asked to confirm the amount of $90,000 that was stolen he said, “I got it as a little under $100,000. I got that from the police. (Fair CEO) Joe Brengle’s not even talking to me.”

However, according to another board member, John Pence, Brengle sent out an email Wednesday night to him and the other board members about the matter. Cannon said he hadn’t seen it.

“Not any business, including any business I worked for would take a deposit at night,” Cannon continued. “It’s unusual. It’s one of the things I want to get the board together to talk about. Why would you make such a poor decision? The only one who has a deposit key is the fair manager.”

“A lot of information is not being shared when it’s supposed to be,” he stated. “It all boils down to the fair manager. He handles the overall money receipts, personnel, hiring and firing. But Joe works for the board. We hire and fire him.”

Asked if insurance will cover any of the loss, Cannon said, “I don’t believe so because it wasn’t during Fair hours or on property and it wasn’t in the bank. There’s a really thin line, there.”

Asked why the people depositing the funds weren’t joined by armed escorts by either the contracted security firm or county sheriff’s deputies, he responded, “That’s the question I’m trying to find out. But he’s (Brengle’s) not being forthright. That’s what we will discuss at the next board meeting. I’ve talked to the State of California, and they said I can’t have an emergency meeting. In my eyes, almost a hundred grand is a major crime against us.”

About the security firm, Praetorian and this year’s Fair, Cannon said, “They were great. This year’s fair was a good one and safe.”

He then reiterated what was shared with other media, that the loss of that amount of money could impact the fair’s music headliners and animal attractions for next year.

“This whole thing stinks,” he stated.

Two Temporary Staffers Handled Deposit

Asked who handled the deposit Cannon said, “Two temporary staffers hired by the Fair, this year in charge of parking and ticket sales. That’s another red flag. Something’s really wrong. Joe seems like a sensible guy. I don’t know why he would make that decision.”

Asked why the money wasn’t left in a safe on the fairgrounds and deposited during daylight, he said, “That’s a decision for the fair manager” and shared that the Fair, technically state’s 23rd District Agricultural Association, currently only has two full-time employees, Brengle and an administrative assistant who works in the office with him.

Since it’s the public’s money Cannon said, “That’s my concern. I also suggested the state bring in the CHP which oversees county fairs in the state. They delegate the authority to the county sheriff’s office.”

“I don’t work for the state,” he explained. “I’m appointed by the governor. Not this governor, the past one. The appointments are renewed. We can barely have a meeting quorum. If someone is sick, we can’t hold a meeting. The governor’s busy with the budget.”

Asked why the funds weren’t taken to the bank by the fair manager and a board member for a check and balance and if there is a procedure in place Cannon stated, “There will be. The Fair Board is all about policies and procedures. The manual is about 50 pages. But we don’t handle the day-to-day. Taking funds to the bank during daylight hours should be the policy.”

“He (Brengle) hasn’t been forthcoming to anyone on the board about this,” the fair board president reiterated. “This is crazy. It makes no sense at all.”

One positive thing Cannon shared is that a Mexican rodeo group is working to bring Hispanic-themed events to the former arena that was used as the paintball park.

The next board meeting, which is open to the public, will be held Wednesday, June 12 at 7:00 p.m. in the Fair Board Directors’ Room at the Contra Costa Event Center (fairgrounds) located at 1201 W. 10th Street in Antioch.

 

Armed robbery of Contra Costa County Fair funds during bank deposit

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Possibly $90,000, police seek public’s help

By Antioch Police Department

On Monday, May 20, 2024, at approximately 2:18 AM, Antioch police officers responded to the 2500 block of Somersville Road for the report of an armed robbery.

When officers arrived, they contacted two victims. Officers learned the victims were employees of the Contra Costa County Event Park (Fairgrounds). The Contra Costa County Fair had ended, and two employees were tasked with conducting the night deposit. While conducting the night deposit at the BMO Bank they were approached by an unknown suspect. The suspect robbed the victims of the money and personal belongings at gunpoint.

Other news reports have pegged the amount stolen at $90,000. When asked, a county fair representative offered no comment but didn’t know how that amount was known by other media. Questions were emailed late Wednesday night to Fair CEO Joe Brengle asking if that’s correct, why the deposit was made at that time instead of leaving it in a safe on the fairgrounds and waiting until Monday morning to make the deposit, what is the usual procedure and for any additional information he could share.

We are asking for anyone with information regarding the incident to contact the Antioch Police Department Investigations Bureau. Additional inquiries or information can be directed to Antioch Police Detective Sgt. Palma at (925) 779-6876 or by emailing kpalma@antiochca.gov.

Please check back later for any updates to this report.

Allen D. Payton contributed to this report.

Idaho man arrested in 22-year-old Oakley kidnap, rape of girl

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Eric J. Ferguson arrest photo. By Kootenai Co Sheriff’s Office

DNA match for former East Contra Costa resident Eric J. Ferguson; U.S. Marshals, Idaho police, sheriff’s deputies assist in SWAT team operation

By Allen D. Payton

A suspect in a 22-year-old case of sexual assault of a girl in Oakley was identified and arrested this past week. Eric J. Ferguson, age 49 of Rathdrum, Idaho previously lived in Eastern Contra Costa County.

On Tuesday, May 21, 2024, Oakley Police Chief Paul Beard provided the following information:

In April 2002, a sexual assault accord near Laurel Road in Oakley that involved a juvenile female who had been out walking her dog. The juvenile was approached by a man who got out of his vehicle, pointed a gun at her, ordered her into the back seat of the vehicle and ordered her to perform several sexual acts at gun point. At some point, the juvenile escaped.

The juvenile went to a nearby house for help and the police were called. DNA was collected and analyzed as part of the investigative protocol. In 2022, a CODIS hit alerted the Oakley Police Department to a possible DNA match from the sexual assault case in 2002.

CODIS, or Combined DNA Index System, is a national database that contains DNA profiles from convicted offenders, unsolved crimes and missing persons. The database also includes profiles from detainees, legal samples and arrestees. CODIS automatically searches its indexes for matching DNA profiles, which allows law enforcement to cross reference their data to learn the identity of suspects of confirm identities.

The CODIS notification identified a man residing in Northern Idaho. With this information, Oakley Police Detectives began coordinating with the U.S. Marshals Service and a detective from Coeur d’Alene Police Department. Oakley Police Detectives Gill and Pistello travelled to Idaho on May 12, 2024, and were assisted by the U.S. Marshals Service, Coeur d’Alene Police Department and the Kootenai County Sheriff’s Office in serving a search warrant for DNA collection from the lead suspect in the case.

Detectives Gill and Pistello traveled back home and presented DNA from the lead suspect to the Contra Costa Sheriff’s Office Laboratory so it could be compared to the DNA in the sexual assault case; the DNA from the lead suspect was a direct match to the DNA recovered during the initial investigation in 2002.

On May 16, 2024, Oakley Detectives presented the case to the Contra Costa County District Attorney’s Office and a formal complaint was filed against the man, who is identified as Eric J. Ferguson (49, Rathdrum, Idaho). Ferguson is a former resident of the East Contra Costa County area (he lives in the area in 2002). The formal complaint was signed by a judge from the Contra Costa County Superior Court, for the charges of: Rape of an Incompetent Person, Forcible Oral Copulation and Kidnapping for Rape.

On May 16, 2024, the U.S. Marshals Service, Coeur d’Alene Police Department and Kootenai County Sheriff’s Office, utilizing their SWAT team, conducted an operation which brought Ferguson into custody. Oakley Detectives Gill and Pistello will bring Ferguson back to California later this week and book him into the Contra Costa County jail for the crimes that were committed 22 years ago.

According to Kootenai County Sheriff’s Lt. Zachary Sifford, Ferguson was 29 yearsold at that time and allegedly used a dangerous or deadly weapon during the commission of the crimes.

“I am truly in awe of all the work that was put into this case,” said Chief Beard. “Everything from the foresight 22 years ago to collect DNA evidence to all of the cooperation and assistance we received along the way has yielded powerful results. I owe a debt of gratitude to all of the involved men and women of the United States Marshals Service, Coeur d’Alene Police Department and Kootenai County Sheriff’s Office who helped us with this case. I am well informed by my people that a great deal of hospitality was extended to them while they did their work in Idaho. For that I am especially grateful for how my people were taken care of and treated.

“I am extremely proud of Detective Gill and Detective Pistello for bearing down on this case and putting in all of the diligent and intricate work that was needed to bring resolve to this longstanding investigation. The work of Detective Gill and Detective Pistello are indicative of what I have come to expect out of the men and women of the Oakley Police Department – good police work, no matter how many jurisdictional lines that need to be crossed.

“Again, thank you to all who were involved in this case; stay safe, Oakley.”

As of Wednesday morning, May 22, Ferguson was still in custody of the Kootenai County Sheriff’s Office at the Kootenai County Jail awaiting extradition.

Sheriff Robert “Bob” Norris said, “Kootenai County is a safer place because Ferguson is now in jail. A firearm was used in this alleged violent sexual attack and the suspect needs to be held accountable for his actions.”

United States Marshal for the District of Idaho, Brent Bunn, expressed his gratitude for the interstate collaboration of multiple law enforcement agencies in order to get one step closer to bringing justice to the victim in this case. U.S. Marshal Bunn noted, “The persistence of the Oakley Police Department detectives throughout this investigation was exceptional.” U.S. Marshal Bunn also commends the Kootenai County Sheriff’s Office, the Coeur d’Alene Police Department and the Idaho Department of Corrections for their partnership and strong commitment to increasing public safety in North Idaho.”

The Kootenai County Sheriff’s Office would like to thank the USMS, Coeur d’ Alene Police Department and the Oakley Police Department for their assistance and collaboration in the investigation and apprehension of Ferguson.

Screenshot from Eric Ferguson’s Facebook profile.

According to Ferguson’s Facebook profile, he is from San Ramon, has been married since October 23, 2004, attended De La Salle High School and studied at San Diego State University.

Oakley Police provided the following additional information: If you or a loved one needs local support related to sexual assault or family violence, please visit Community Violence Solutions at https://cvsolutions.org/rape-crisis-center/.

 

 

 

Tracy man sentenced for computer attack on Discovery Bay Water Treatment Facility

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Photos source: Town of Discovery Bay

To serve home confinement and probation, pay restitution

Defendant was former employee of contractor and admitted to unleashing attack

By U.S. Attorney, Northern District of California

OAKLAND – Rambler Gallo was sentenced to serve six months of home confinement and 36 months of probation for intentionally causing damage to the computer network for the Discovery Bay Water Treatment Facility, located in the Town of Discovery Bay, Calif., and thereby threatening public health and safety. Specifically, Gallo intentionally uninstalled the main operational system for the water treatment plant that operates the automated monitoring system that protects the entire water treatment system, including monitoring and controlling the chemical levels and filtration of the water across all the Discovery Bay water service facilities. The sentence was handed down on Wednesday by Haywood S. Gilliam Jr., United States District Judge. The announcement was made by United States Attorney Ismail J. Ramsey and Federal Bureau of Investigation Special Agent in Charge Robert K. Tripp.

Gallo, 53, of Tracy, Calif., was a full-time employee of a private Massachusetts-based company identified in the indictment as Company A, which contracted with Discovery Bay to operate the town’s wastewater treatment facility. The facility provides treatment for the water and wastewater systems for the town’s 15,000 residents. During his employment with Company A, from July of 2016 until December of 2020, Gallo was the company’s “Instrumentation and Control Tech,” with responsibility for maintaining the instrumentation and the computer systems used to control the electromechanical processes of the facility in Discovery Bay.

According to his plea agreement, while Gallo was employed with Company A, he installed software into his own personal computer and into Company A’s private internal network that allowed Gallo to gain remote access to Discovery Bay’s Water Treatment facility computer network. Gallo resigned from his employment with Company on November 25, 2020, giving two weeks’ notice. Approximately five weeks later, Gallo accessed the facility’s computer system remotely and transmitted a command to uninstall certain software which was designed to perform as the main hub of the facility’s computer network.

The software that Gallo accessed protected the entire water treatment system, including water pressure, filtration, and chemical levels. Documents filed by the government in connection with Gallo’s sentencing describe how Gallo’s actions took the monitoring software offline into the following day when it was discovered by employees. Employees thereafter took steps to rectify the situation and mitigate any potential damage to the water treatment system. The government argued that Gallo’s actions “were well thought out to be as disruptive as possible” and “caused a potential threat to the health and safety of the community’s water supply.”

A federal grand jury indicted Gallo on June 27, 2023, charging him with one felony count of transmitting a program, information, code, and command to cause damage to a protected computer, in violation of 18 U.S.C. §§ 1030(a)(5)(A) and (c)(4)(B)(i). Gallo pleaded guilty to the charge.

In addition to the prison term, Judge Gilliam ordered Gallo to forfeit his computer and to pay $44,250 restitution.

Assistant United States Attorney Cynthia Frey is prosecuting this case with assistance from Kathy Tat and Kevin Costello. The case is being investigated by the FBI.

 

Brentwood man charged for child pornography, illegal rifle

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Michael Lee Patterson one of 7 arrested during 15-agency Operation Spring Clean in May 2023, including men from Oakley, San Ramon, another from Brentwood

By U.S. Attorney’s Office, Northern District of California

OAKLAND – A federal grand jury has indicted Michael Lee Patterson for receipt of child pornography, in violation of 18 U.S.C. § 2252(a)(2) and (b), and possession of an unregistered short-barreled rifle, in violation of 26 U.S.C. § 5861(d), announced United States Attorney Ismail J. Ramsey, United States Secret Service (USSS) Special Agent in Charge Shawn M. Bradstreet, and Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Special Agent in Charge Jennifer Cicolani. The indictment, filed April 18, 2024, was unsealed on May 6, 2024, at Patterson’s initial federal court appearance before U.S. Magistrate Judge Donna M. Ryu. On May 16, 2024, Magistrate Judge Ryu ordered Patterson detained pending trial.

According to the government’s detention memorandum, in late May 2023, the Silicon Valley Internet Crimes Against Children Task Force (SV-ICAC) conducted an operation to identify and arrest adults engaging in sexual conversations with undercover chatters posing online as minors. During this operation, Patterson engaged in an online conversation with an undercover officer posing as a 13-year-old girl, and eventually planned to meet and engage in sexual conduct. Officers arrested Patterson when he arrived at the agreed upon location. In Patterson’s car, officers located the phone Patterson had used to communicate with the undercover officer, and next to the phone, officers located a loaded .38 caliber revolver. The government further argued that after his arrest, Patterson was found to have been in possession of over 600 videos and over 1,200 individual images depicting child sexual abuse material on various electronic devices, as well as dozens of firearms, firearm components, boxes of ammunition, and firearm manufacturing machines and components, including a computerized gun milling machine. Three of the firearms were unregistered short-barreled rifles and one was an unregistered fully automatic machine gun.

Patterson is scheduled to appear before the Honorable U.S. District Judge Haywood S. Gilliam, Jr. on June 26, 2024, in Oakland.

As previously reported, Patterson was one of seven men arrested during the week of May 31st, 2023, while the Brentwood Police Department hosted the Contra Costa County Internet Crimes Against Children (ICAC) Task Force for an operation targeting adults who were seeking to meet minors for sex with the goal of identifying victims of child sexual abuse. A total of 15 law enforcement agencies participated in “Operation Spring Cleaning,” which encompassed over 1,200 law enforcement work hours throughout the week. The ICAC Task Force seized approximately 40 illegal firearms and 39 electronic devices, executed eight (search warrants, and impounded five vehicles. In total seven arrests were also made: 29-year-old Nhouel Dulay (Oakley), 42-year-old Michael Patterson (Brentwood), 43-year-old Jeffrey Pallesen (Stockton), 25-year-old Carlos Vera (Brentwood), 21-year-old Edward Stinson (Merced), 54-year-old Robert Stearns (San Ramon), and 29-year-old Randall Alston (Berkeley).

According to localcrimenews.com, Patterson is White, five-feet, seven-inches tall and 150 lbs.

The ICAC program helps state and local law enforcement agencies develop an effective response to technology-facilitated child sexual exploitation and internet crimes against children. This includes forensic and investigative services, training, technical assistance, victim services, and community education. Our agency remains committed to protecting the most vulnerable in our community and would like to thank all of the participating agencies for their contributions last week in combatting child exploitation.

An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted, the defendant faces a maximum sentence of twenty years in prison and a fine of $250,000, plus restitution if appropriate, for a violation of 18 U.S.C. § 2252(a)(2) and (b), and 10 years imprisonment and a fine of $10,000 for a violation of 26 U.S.C. § 5861(d). 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.

Assistant U.S. Attorney Jonah Ross is prosecuting the case with the assistance of Kay Konopaske and Claudia Hyslop. The prosecution is the result of an investigation by the USSS, ATF, SV-ICAC, the Brentwood and Walnut Creek Police Departments, and the Contra Costa Sheriff’s Office.

Allen D. Payton contributed to this report.

 

DA: 2023 police use of force death of Richmond man “lawful and justified”

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A screenshot from video of a body-worn camera shows a Richmond Police officer shooting Kevin James McDonald on June 28, 2023. Herald file photo

66-year-old Kevin James McDonald was in home with suspect arrested on multiple firearms charges.

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

Martinez, CA – The Contra Costa District Attorney’s Office’s report on the use of force death of 66-year-old Kevin James McDonald in Richmond is now publicly available.

The Law Enforcement Involved Fatality Incidents (LEIFI) report summarizes the results of the District Attorney’s Office’s independent criminal investigation, including a summary of an autopsy, the outcome of a coroner’s inquest, a legal analysis of the facts, and a determination of criminal liability.

District Attorney Diana Becton emphasized: “Six years ago, my office made a commitment to transparency by releasing Law Enforcement Involved Fatality Incidents reports publicly. Since then, we’ve continued this practice. I firmly believe this policy has helped build public trust and improve public safety in Contra Costa County.”

In June 2023, the Richmond Police Department investigated a firearm offense by a Richmond resident. On June 28th, they arrested that suspect and secured a warrant to search his home for evidence. Prior to searching the residence, officers were made aware that another individual, Kevin McDonald, who wasn’t a suspect, also lived at the home.

A team of officers responded to the home and announced their presence and purpose upon arrival. After receiving no answer, they entered the home to secure the scene, continuing to announce themselves as they searched.

During the search, officers approached a closed bedroom door and announced themselves again before opening it. Inside, they found Kevin McDonald seated nearby, armed with a loaded assault rifle. He raised the weapon toward the officers. Faced with an immediate threat of deadly force, Detective Robert Branch and Sergeant Alex Caine fired at McDonald in self-defense and to protect others. Struck by gunfire, McDonald was pronounced dead at the scene. (See related article)

The Contra Costa District Attorney’s office reviewed the officer-involved shooting that occurred on June 28th, 2023. The legal analysis considered all the available evidence (totality of the circumstances). Based on this review, the District Attorney has concluded that the officer’s use of deadly force was lawful and justified. No charges will be filed in this case.

For more details about the incident, read the full LEIFI report for Kevin James McDonald. Video footage from one of the officer’s body worn cameras can be viewed here. WARNING: Graphic, violent content.