Contra Costa Herald

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

Oakland man re-arrested, charged for murder in February 2021 Concord shooting

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U.S. Marshals assist; held on $2 million bail

By Concord Police Department Major Crimes Unit Investigations Division

On February 28th, 2021, 26-year-old Robert Franklin Currier was found deceased, as a result of gunshot wounds, in the roadway on Concord Avenue near Meridian Park Blvd. Evidence and witnesses were located at the scene; however, the suspects had fled the area. Detectives identified the suspect vehicle and subsequently arrested Viliami Edwardal Ofanoa on March 3, 2021 related to the murder. Ofanoa was released from custody pending further investigation.

Throughout this ongoing investigation, the Concord Police Major Crimes Detectives worked closely with the Contra Costa County District Attorney’s Office. A detailed analysis of phone records, DNA evidence, and license plate reader data were used to establish probable cause to re-arrest Ofanoa for the murder of Robert Currier.

In June 2023, Concord Police served the arrest warrant for Ofanoa (of Oakland, now age 37, DOB 06/21/86) with the assistance of the U.S. Marshals Service and the Contra Costa County Safe Streets Task Force. The Contra Costa District Attorney’s Office filed charges against Ofanoa and he is being held on $2,000,000 bail for the crime of murder, as well as an enhancement for use of a firearm.

According to locacrimenews.com, Ofanoa was arrested by Oakland Police on August 9, 2021 for being an addict in possession of firearm, possession of ammunition and for carrying a loaded firearm on person or in vehicle while in a public place.

According to the Contra Costa County Sheriff’s Office Ofanoa has a hearing scheduled for August 10, 2023 at 8:30 a.m. in Contra Costa Superior Court.

Allen D. Payton contributed to this report.

 

Antioch teen dies from shootout during attempted robbery of Antioch man in Brentwood Friday night

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Walnut Creek man also involved, arrested; victim who shot back not yet arrested

By Captain Walter O’Grodnick, Brentwood Police Department

On Friday, July 14, 2023 around 7:45 PM Brentwood Police officers were dispatched to the 800 block of Marjoram Drive for a shooting that just occurred. A preliminary investigation suggests two males exchanged gunfire, both were hit by gunfire and transported to local hospitals for treatment, one of which sustained serious injuries.

Others were detained on-scene as part of the investigation. This was an isolated incident with no apparent threat to public safety and the motive for the shooting is still under investigation.

While a group of people were leaving a home on Chili Court in Brentwood, two suspects, a 17-year-old male resident of Antioch, and a 20-year-old male resident of Walnut Creek attempted to rob a 21-year-old male resident of Antioch, while all three were armed. All three exchanged gunfire on Marjoram Drive, striking the 17-year-old suspect and 21-year-old victim. The 20-year-old suspect was not injured. Three firearms were recovered at the scene.

The 21-year-old victim sustained non-life-threatening injuries. The 17-year-old was transported to an area hospital in critical condition. The teen later succumbed to his injuries.

The 20-year-old from Walnut Creek has been arrested but not the 21-year-old from Antioch, yet.

All names are being withheld at this time and there remains no threat to public safety. The investigation is ongoing and no additional information is being released at this time. Anyone with information related to this shooting is asked to contact Detective Inerbichler or Detective Goold at 925-809-7911. Callers may remain anonymous.

Allen D. Payton contributed to this report.

Two Antioch men shot, one killed in Pittsburg, drive to police station Friday

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Con Fire and Pittsburg Police personnel investigate the fatal shooting in the Pittsburg City Hall parking lot Friday, July 14, 2023. Photos by Ronn Carter. Redacted by the Herald.

24-year-old killed, 21-year-old suffering from multiple gunshot wounds transported to local hospital is in serious, but stable, condition.

By Pittsburg Police Department

On July 14, 2023, at 5:12pm Pittsburg Police officers responded to the 2100 block of Crestview Lane after dispatch received a call of gunshots heard in the area. As officers were responding, a vehicle entered the Pittsburg Police Department parking lot and the driver summoned officers to his car. The officers stopped and found the driver and one passenger inside the vehicle, both suffering from multiple gunshot wounds. Officers rendered medical aid to the two men until paramedics arrived. Unfortunately, the passenger, a 24-year-old male of Antioch, did not survive. UPDATE: He was later identified as Trevon Richardson.

The driver, a 21-year-old male of Antioch, was transported to a local hospital where he was listed in serious, but stable, condition.

As these officers were tending to the victims in the police department parking lot, more officers responded to the area of Crestview Lane in Pittsburg where the original caller heard gunshots. This is where officers located evidence of a shooting. Detectives were called in and are actively working leads.

Due to this being an active investigation, the identities of the victims are being withheld and there will be no further information released at this time.

We ask anyone who has information related to this case to please contact Dispatch at 925-646-2441, or Detective Gutierrez at 925-252-4095

 

California clears largest cache of criminal records in U.S. history

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More than 11 million arrest and conviction records automatically cleared including old arrests that never turned into charges and provides relief to people who completed all conditions of their sentence

Due to legislation pioneered by Los Angeles DA George Gascón

By Max Szabo, Prosecutors Alliance of California

SACRAMENTO–New data from the California Department of Justice (CAL DOJ) indicates that 11,164,458 records of arrest and conviction were automatically cleared between July 1, 2022 and December 31, 2022 pursuant to Assembly Bill 1076. The historic reform automated a process that individuals were already entitled to but had to seek out through an arduous process. AB 1076 requires CAL DOJ to automatically clear old arrests that never turned into charges and provides relief to people who completed all the conditions of their sentence, thereby expanding education, employment and housing opportunities for countless Californians.

“People who were arrested or convicted of low-level crimes and did what was asked of them are entitled to a second chance under the law, but bureaucratic barriers kept them in a paper prison,” said Cristine DeBerry, Founder and Executive Director of the Prosecutors Alliance of California.  “That wasn’t just unfair, it was unsafe, as a criminal record hangs over people, hampering their access to employment and housing opportunities, primary factors that drive recidivism. The system had taken away hope and opportunity, but commonsense and technology enabled one of the most important reforms in years.”

The automated record clearance is due to a 2019 law, Assembly Bill 1076, which was authored by Phil Ting (D-San Francisco) and sponsored by then-San Francisco District Attorney George Gascón.  The legislation mandated that the state Department of Justice automatically clear records of arrests that did not result in a conviction after the statute of limitations had passed as well as convictions involving probation and jail once an offender’s sentence was completed. Individuals sentenced to prison and anyone who had to register as a sex offender or who violated their probation is not eligible.  The record clearance largely benefits individuals who had committed drugs or property crimes.

“It’s a vicious cycle, as communities of color are more likely to be arrested, they are therefore more likely to have a record that includes an arrest or conviction, and yet they were less likely to be aware that they were entitled to relief,” said LA County District Attorney George Gascón.  “These were unnecessary barriers that make it more difficult to successfully reenter and break the cycle by limiting access to jobs, education and housing.  Breaking down these barriers makes our system more just and our communities more safe.”

During the appropriations process that bill was limited to prospective arrests and convictions.  However, a subsequent effort in 2021, AB 1038, authored again by Assemblymember Ting, and sponsored by the Prosecutors Alliance of California, made the record clearance provided under AB 1076 retroactive.  That bill took effect July 1, 2023.  The newly released DOJ data indicates that the relief granted thus far was pursuant to AB 1076, the initial authorizing legislation only, suggesting that the expanded eligibility profile now in effect under AB 1038 will result in the clearance of millions of additional records.

Prior to the automated record clearance, 8 million California residents had criminal convictions on their records that hampered their ability to find work and housing, secure public benefits, or even get admitted to college.  Studies indicate approximately two million of them were eligible for record clearance. Millions more have old arrests on their record that never resulted in a conviction but, remain as obstacles to employment.

Under the law arrests that didn’t result in a conviction may be cleared. Convictions that carry probation or jail time are also eligible for record clearance after the individual completes all the terms and conditions of their sentence. Prior to AB 1076, however, this required individuals to be aware of their eligibility and to retain an attorney to proactively file the necessary petition.  As a result, millions of Californians have been entitled to relief for years that they never realized because they had to jump through hoops to get it. In fact, nationally, only 6.5% of eligible people have been estimated to obtain record clearance within five years of eligibility. With more affluent communities more able to afford a private attorney, this bureaucracy disproportionately impacted socioeconomically disadvantaged communities and communities of color in particular.

Nearly 90% of employers, 80% of landlords, and 60% of colleges screen applicants’ criminal records.  According to a 2012 study conducted by the Society for Human Resource Management, many prospective employees and housing applicants are rejected solely based on having an arrest record on file.  Studies also show people with unsealed arrest records have a substantially increased chance of living in poverty, earning lower wages, with fewer educational opportunities.

The concept for the legislation grew out of DA Gascón’s effort to clear old cannabis convictions that were eligible for clearance pursuant to Proposition 64.  That effort has now been adopted by prosecutors’ offices across the nation.  Notably, the algorithm that enabled automated record clearance pursuant to AB 1076–much like the cannabis clearance effort–would not be possible without the help and support of Code For America. Research by the California Policy Lab of the University of California provided supporting evidence regarding the feasibility of large-scale record clearance automation, as well as its enormous potential impact on the lives of Californians.  Assemblymember Phil Ting has the sincere gratitude of the Prosecutors Alliance for leading the historic initiative and seeing that all eligible and impacted Californians would obtain the relief to which they are entitled.

The Prosecutors Alliance of California is fiscally sponsored by Tides Advocacy, a social welfare organization. Contra Costa District Attorney Diana Becton is a founding member. For more information about the Prosecutors Alliance go to www.ProsecutorsAlliance.org and keep up with our work on Twitter, Instagram and Facebook.

 

Driver, three other drunk men arrested in felony hit and run collision in Oakley early Sunday

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By Oakley Police Chief Paul Beard

On Sunday, July 2, 2023 at 12:09AM Oakley police officers were dispatched to the intersection of Main Street at Charles Way for a traffic collision where a Toyota truck was completely rolled over. Our officers quickly arrived on scene and contacted the victims who were out of the vehicle and suffering injuries. Our officers started investigating the collision and determined a black sedan struck the victim vehicle and fled the location, which at face value is a violation of the California Vehicle Code, but when injuries are involved, these actions are classified as a felony offense. Our officers located the black sedan on nearby Babbe Street parked at the intersection of Martin Street. Our officers found three local men (aged 43, 43 & 28) near the vehicle and determined all three were associated with the vehicle and all three were intoxicated.

These three men were uncooperative with our investigation, but nonetheless our officers were able to determine they were not the driver of the black sedan and we continued to seek out the actual driver. The three men we were dealing with were all arrested for public intoxication and transported to the police department. While dealing with the three public intoxication suspects our officers were alerted the actual driver may have been walking on Main Street. Our officers responded to the area and located Jesus Leon-Lopez (55, local) and took him into custody before interviewing him and booking him into the main jail for felony hit and run.

“This investigation, and arrest, underscores the types of issues that never need to really rise to the level of criminal culpability. The largest issue facing the suspect in this case may very well be the mere fact he decided to not stop, as per the law, and cooperate with law-enforcement after a traffic collision with quite an egregious aftermath – to include injuries. When accidents happen, please just do the right thing, it will make your life much easier even when you are already going through a negative experience. Stay safe Oakley!”

Permanent injunction imposed against online education company for alleged violations of children’s privacy law

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Edmodo, LLC allegedly collected names, email addresses, phone numbers, device information, and IP addresses of approximately 36 million children under 13 for advertising purposes until approximately September 2022 and “retaining this personal information indefinitely”

The Department of Justice, together with the Federal Trade Commission (FTC), today announced that Edmodo, LLC (Edmodo) has agreed to a permanent injunction and a $6 million civil penalty in connection with its online educational platform, as part of a settlement to resolve alleged violations of the Children’s Online Privacy Protection Act (COPPA), the Children’s Online Privacy Protection Rule (COPPA Rule), and the Federal Trade Commission Act. The civil penalty is suspended due to Edmodo’s inability to pay.

The Edmodo educational platform, sold to schools throughout the United States, enabled teachers to interface with students, including children under 13 years old, to host virtual class spaces, conduct discussions, share materials, make assignments, and provide quizzes and grades, among other things. In a complaint filed in the U.S. District Court for the Northern District of California, the government alleges that, until approximately September 2022, Edmodo collected the personal information of children under 13, including their names, email addresses, phone numbers, device information, and IP addresses. Edmodo allegedly collected such information without providing notice to the children’s parents or obtaining parental authorization to collect such personal information, as required by the COPPA Rule, and used this personal information to enable third parties to display targeted advertising to student users between 2018 and September 2022.

According to a May 2023 article by Human Rights Watch, “Edmodo was a website and app widely used by children in kindergarten, elementary, and middle schools across the US until September 2022, when the company pivoted to only selling its product to governments. The company benefited from explosive demand in 2020, reporting a 1,500 percent increase in users in the first five months of the pandemic as governments and schools rushed to connect children to online learning.

An investigation by Human Rights Watch in May 2022 found that Edmodo was designed with the capacity to surveil children and harvest their personal data for advertising. Our technical analysis found that Edmodo could not only invisibly tag children and identify their devices for the sole purpose of advertising to them, but also enabled other advertisers to do the same by embedding ad-specific third-party code on its platform. After multiple requests for comment, Edmodo told Human Rights Watch in July 2022 that it did ‘not share [its students’] personal data with any Edmodo business partners or third parties.’”

The complaint further asserts that Edmodo was retaining this personal information indefinitely. As of March 2020, Edmodo retained the personal information associated with approximately 36 million student accounts, of which only one million were actively using the platform. This indefinite retention violated COPPA’s requirement that an operator not retain personal information of children for longer than “reasonably necessary to fulfill the purpose for which [the information] was collected.”

The stipulated order, entered by the federal district court yesterday, enjoins Edmodo from collecting personal information from children in a manner that violates the COPPA Rule and prohibits Edmodo from retaining children’s personal information for longer than reasonably necessary to fulfill the purpose for which it was collected. The order also enjoins Edmodo from collecting more personal information than reasonably necessary for a child to participate in any activity offered on its service. It also requires Edmodo to destroy personal information improperly collected from children under age 13 and to comply with reporting, monitoring, and recordkeeping requirements. Edmodo is also subject to a civil penalty judgment of $6 million dollars, which is suspended due to Edmodo’s inability to pay.

“Children do not lose their privacy protections when they use the internet,” said U.S. Attorney Ismail J. Ramsey for the Northern District of California. “Congress and the FTC have established rules to govern websites and apps collecting and storing the personal information of children. The settlement being announced today demonstrates the Department of Justice’s resolve to enforce those rules. We will continue to work with our partners at the FTC to safeguard children’s online privacy.”

“The Justice Department takes seriously its mission to protect the online privacy rights of children and their parents. This order spells out clearly to all online providers that it is unacceptable to collect children’s personal information without their parents’ consent,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Department of Justice’s Civil Division. “The department is committed to protecting against unauthorized online collection and retention of information, especially from children.”

“This order makes clear that ed tech providers cannot outsource compliance responsibilities to schools, or force students to choose between their privacy and education,” said Director Samuel Levine of the FTC’s Bureau of Consumer Protection. “Other ed tech providers should carefully examine their practices to ensure they’re not compromising students’ privacy.”

This matter was handled by Assistant U.S. Attorney Vivian Wang for the Northern District of California, Senior Trial Attorney James T. Nelson and Assistant Director Lisa Hsiao of the Civil Division’s Consumer Protection Branch, and Gorana Neskovic and Peder Magee of the FTC.

For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at www.justice.gov/civil/consumer-protection-branch. For more information about the FTC, visit its website at www.FTC.gov.

Allen D. Payton contributed to this report.

Richmond woman arrested for Oakley gym locker room robbery

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Stole wallets, cell phones, debit cards and cash; tried to buy $5,000 worth of merchandise

By Oakley Police Chief Paul Beard

On June 26, 2023 at 4:58PM Oakley Police Officers were dispatched to the Diamond Hills Gym, located at 1510 Neroly Road, on the report of multiple thefts that had just occurred. Upon arrival our officers learned a woman used a fake name to gain entry into the gym and then proceeded to physically break into multiple lockers in the women’s locker room. Approximately 5-6 patrons reported being victims of the thefts and items such as: wallets, cell phones, debit cards, and cash were reported as being stolen. Our officers interviewed victims, witnesses, and obtained video surveillance of the suspect. Some of the victims were alerted by their bank institutions, their credit cards were already being used at the Nordstrom store, in Concord at the Sun Valley Mall.

Officer Hurtado responded to the Nordstrom store to continue his investigation and obtain additional video surveillance. Officer Hurtado learned the suspect had left the store by the time he arrived. Officer Hurtado continued his investigation by talking to security and store employees when he saw a woman walk back into the store.

Officer Hurtado recognized the woman from the Diamond Hills Gym surveillance, and also from the Nordstrom store surveillance. Officer Hurtado approached the woman and promptly arrested her for the crimes, the woman continued her nefarious ways by providing a false name to Officer Hurtado.

Officer Hurtado was ultimately able to identify the woman as Andrania Yancy (37, Richmond). It was further determined, Yancy attempted to purchase over $5,000 worth of merchandise using six different stolen credit cards, all of which were denied. Yancy was arrested for grand theft, false impersonation of another, identification theft, and an outstanding warrant.

“I would like to thank everybody who brought this criminal matter to our attention. Because of quick reporting by witnesses and victims our officers were able to get an early jump on their investigation and they were able to develop information even as another related crime was taking place in another jurisdiction. At the time of this crime we had additional resources available to us in the form of a fully staffed swing shift team. This fully staffed team is the direct result of a commitment by the Oakley City Council and City Management to listen to Oakley residents and business owners to fund appropriate law-enforcement services. This commitment is not only leading to safer streets, but it has also resulted in the recruitment of some of the best law-enforcement candidates in the industry, such as Officer Hurtado, and I am grateful for all of them. Stay safe Oakley.”

According to information from the Contra Costa County Sheriff’s Office, Yancy bonded out and is no longer in custody as of Wednesday afternoon, June 28.

According to localcrimenews.com Yancy has a history of arrests for various criminal activity dating back to 2014 including for grand theft, burglary, forgery in multiple cities and counties.

Allen D. Payton contributed to this report.

Female suspect wanted for Brentwood, Antioch bank, credit union robberies

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Photos by Brentwood PD.

By Brentwood Police Department

On June 26, 2023 at around 1:58 p.m., Brentwood PD officers responded to the 5600 block of Lone Tree Way to investigate a silent hold up alarm at the Patelco Credit Union. Upon officer’s arrival, it was determined what appears to be a Hispanic female adult passed a note to the bank teller demanding money. The suspect then fled the bank on foot with an undisclosed amount of money.

At around 3:53 p.m., Antioch PD officers responded to the 2700 block of Lone Tree Way to investigate another silent hold up alarm at the Travis Credit Union. Upon their arrival, it was determined what appears to be the same female suspect passed a note to the bank teller again demanding money. The suspect fled the bank with an undisclosed amount of money. Antioch PD Officers believe the suspect may have fled in a gray four-door Honda or Nissan with tinted windows. Thankfully, nobody was physically injured in either robbery.

Our agencies have since confirmed the same female suspect committed the pair of robberies; however, wore different clothing during each incident. The suspect was described to officers as a Hispanic female, early to mid-twenties, between approximately 5 feet 3 inches to 5 feet 5 inches tall, with brown hair. Do not approach the suspect if she is seen.

If you have any information about the suspect or the suspect vehicle, please contact Brentwood PD Detective Agostinho at 925-809-7870 or the Antioch Police Department Investigations Division at 925-779-6926. Callers can remain anonymous.

 

PetSmart to pay $1.46 million for unlawfully overcharging customers, false advertising, unfair competition

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Contra Costa part of multi-county lawsuit

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

The Contra Costa District Attorney’s Office announces that PetSmart LLC entered into a Stipulated Judgement on June 23rd and will pay $1.46 million for overcharging customers, false advertising, and unfair competition.

District Attorney Diana Becton said that “The law in California is clear: businesses must be accurate in charging for goods and services. For customers, it’s important to monitor items scanned at a register and scrutinize your receipts to make sure you are not being overcharged.”

The outcome of the multi-county lawsuit against PetSmart includes court orders that prohibit the company from engaging in false or misleading advertising and charging an amount greater than the lowest price posted for an item. Moreover, PetSmart must implement additional audit and price accuracy procedures in its California stores for a three-year period to ensure compliance with pricing accuracy requirements, including notifying customers of their right to be charged the lowest currently advertised price for any item offered for sale.

PetSmart will pay $1,250,000 in civil penalties, $100,000 in restitution to support consumer protection enforcement efforts, and $110,000 for investigative costs incurred by various counties. Because of this legal action, PetSmart has implemented new policies and procedures to improve pricing accuracy with routine audits, detailed record keeping, and in-store signage to notify customers about the lowest advertised price for items.

The lawsuit was filed in Santa Cruz County. In addition to Contra Costa County, Plaintiffs include Sonoma County, Alameda County, Marin County, San Diego County, Ventura County, and Los Angeles County. Deputy District Attorney Bryan Tierney prosecuted the case for the Contra Costa County District Attorney’s Office – with assistance by the Contra Costa Department of Agriculture/Weights & Measures.

If members of the public believe they have been overcharged by businesses, contact our office at: DA-ReportFraud@contracostada.org.

Raids of 20 East County homes net over $15.3 million in illegal weed

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Illegal weed seized and red tagged house in Antioch on Tuesday, June 20, 2023. Top photos by CA Dept of Cannabis Control. Bottom photo by Antioch resident who chose to remain anonymous.

By Moorea Warren, Information Officer, California Department of Cannabis Control

Thanks to the continued dedication and collaboration of the Governor’s Unified Cannabis Enforcement Taskforce (UCETF) 20 East Bay illegal indoor cannabis cultivators were shut down on June 20, and a total estimated value of over $15.3 million of illegal cannabis was seized.

An investigation spanning several weeks culminated in the operation led by the Department of Cannabis Control (DCC). There were 20 search warrants served by four units of officers and local and state partners, including the Department of Fish & Wildlife, the Department of Tax and Fee Administration, the California National Guard, and local law enforcement – five in Antioch, three in Brentwood, two in Discovery Bay and ten in Pittsburg, resulting in the seizures of:

  • 742 pounds of cannabis flower estimated valued of $1,244,762
  • 17,121 cannabis plants estimated valued of $14,124,825
  • 7 firearms (including 1 assault rifle)
  • $24,197 in cash

Several of the locations were red-tagged for safety and code violations.