Contra Costa Herald

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

Martinez man charged with gun possession in a school zone

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Suspect out on bail

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

The Contra Costa District Attorney’s Office has filed a two-count complaint against a Martinez man for possessing a firearm in a school zone.

23-year-old Michael Joseph Childressfrey has an arraignment date set on May 31st for offenses related to an incident that occurred on April 26th at John Swett Elementary School on Alhambra Avenue in Martinez.

At approximately 1:00 pm, Martinez Police were dispatched to the school campus to investigate reports of a known adult male who was in the school parking lot. Police were told that the man was not a welcomed presence, and he frequently carries a firearm.

When officers arrived at the school, they approached Childressfrey in a parked vehicle. He was cooperative, and when asked, Childressfrey said he was in possession of a firearm. Law enforcement authorities placed Childressfrey under arrest for gun possession in a school zone and carrying a loaded concealed firearm. Later, police seized two additional weapons from Childressfrey’s residence. Childressfrey was taken into custody and immediately posted bail before the investigation could be referred for prosecution.

While the incident was resolved peacefully, parents and neighbors have expressed their concern over the matter, and that Childressfrey posted monetary bail the day of his arrest.

District Attorney Diana Becton said, “This incident is understandably distressing– my Office worked in conjunction with the Martinez Police Department to ensure a swift filing determination. After receiving a request for prosecution from Martinez Police on Friday, the DA’s Office reviewed the case and filed the necessary documents with the court to initiate prosecution on Monday.”

Case No. 01-23-01358 | The People of the State of California vs. Childressfrey, Michael Joseph

Alamo man charged with running $39 million Ponzi scheme

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Derek Vincent Chu faces up to 20 years in prison and $250K fine for each count of wire fraud

SAN FRANCISCO – A federal grand jury indicted Derek Vincent Chu, charging him with crimes related to an alleged $39 million Ponzi scheme involving over 100 victims, on April 26, 2023, announced United States Attorney Ismail J. Ramsey, Internal Revenue Service – Criminal Investigation (IRS-CI) Special Agent in Charge Darren Lian, and FBI Special Agent in Charge Robert K. Tripp.

According to the indictment, between late 2013 and 2020, Chu, 41, of Alamo, Calif., used several companies to raise $39 million by fraudulently soliciting investments in the purchase and resale of professional basketball tickets and luxury suites at Oracle Arena, in Oakland, California; the Staples Center, in Los Angeles, California; and the Chase Center, in San Francisco, California. The indictment further alleges that Chu induced investors by making numerous materially false misrepresentations, including how the investor funds would be used, how investors would be repaid, and whether the investments were secured by collateral.

According to the allegations in the indictment, Chu commingled the investors’ money between his own personal accounts and his companies’ accounts, which resulted in investor money being used to repay other, earlier investors, and for other unrelated expenses. Furthermore, the indictment alleges that Chu misappropriated and diverted more than $7.3 million of investor funds for his own personal benefit, which included paying credit card debts; making cash withdrawals; paying for travel, luxury automobile and jewelry purchases; and paying utilities bills, among other things.

The indictment charges Chu with eight counts of wire fraud, in violation of 18 U.S.C. §§ 1343 and 2, and three counts of money laundering, in violation of 18 U.S.C. §§ 1957 and 2.

An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law. Each wire fraud count has a maximum statutory sentence of 20 years in prison and a fine in the amount of $250,000. Each money-laundering count has a maximum statutory sentence of 10 years in prison and a fine in the amount of $250,000. The court also may order a term of supervised release, fines or other assessments, restitution, and forfeiture, if appropriate. 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.

Chu was arrested this morning and made an initial appearance before the Hon. Laurel Beeler, U.S. Magistrate Judge for the Northern District of California. Chu’s next appearance is scheduled before Judge Beeler on Wednesday, May 10, 2023, for appearance of counsel.

The Special Prosecutions Section of the United States Attorney’s Office for the Northern District of California is prosecuting the case. The prosecution is the result of an investigation by the Internal Revenue Service – Criminal Investigation, the Federal Bureau of Investigation, and the San Francisco Police Department.

Individuals who believe that they may be a victim in this case should contact the United States Attorney’s Office for the Northern District of California’s victim specialists by email at: USACAN.DCVictimAsst@usdoj.gov.

 

Antioch man arrested in stolen car following police chase from Oakley

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Sixth arrest this year including one the day before, has history of arrests dating to July 2018

By Chief Paul Beard, Oakley Police Department

On April 27, 2023 at 9:11AM Officers B. Jackson and A. Hurtado were on patrol in the area of Main Street at Neroly Road when they saw a white Saturn vehicle being driven in a reckless and haphazard manner. Officers Jackson and Hurtado attempted to stop the vehicle but the driver fled from them and lead them on a pursuit.

The pursuit went into the City of Antioch via Laurel Road. The driver briefly yielded at the intersection of Laurel Road and Canada Valley only to take off again. The driver then took several routes through the City of Antioch with Officers Jackson and Hurtado being joined by Officer Radcliffe and his canine partner “Harkon”.

Eventually the driver ended up driving down Fulton Shipyard Road to the dead end. The driver attempted to drive beyond what is typically able to be navigated at the end of the road, but then he came to a stop. The driver also opened his door and showed signs he was getting ready to run from our officers.

The driver, identified as Matthew Quiroz (Antioch, 36), however opted to surrender and comply at that point, and he was taken into custody.

Quiroz was booked into jail for being in possession of a stolen vehicle and for leading our officers on a pursuit.

Matthew Quiroz has been arrested five times so far in 2023. It appears as if Quiroz was released from jail (in Martinez) this morning, for the crime he committed yesterday, and quite possibly the first thing he did was steal a car to come to Oakley.  The following constitutes Quiroz’ known criminal activities in 2023:

  • February 8, 2023- arrested for being under the influence of drugs and unable to care for himself (Brentwood PD)
  • February 22, 2023- identified as the suspect in a carjacking involving threats of harm and death (Oakley PD)
  • March 5, 2023- arrested for robbery, terrorist threats, false imprisonment and probation violation (Antioch PD)
  • April 15, 2023- arrested for being drunk in public and unable to care for himself (Antioch PD)
  • April 26, 2023- arrested for lewd conduct and theft (Antioch PD)
  • April 27, 2023- arrested for evading officers and being in possession of a stolen vehicle (Oakley PD)

I suspect some people will look at the pattern of Quiroz’ activities and come to the conclusion many of his offenses have been “victimless crimes”. What I see however, is a strong pattern of criminal activity. We are barely past one quarter of 2023 and Quiroz has been arrested more times in this quarter than most readers of this article have been in their whole lives. When I consider the fact pattern of our carjacking case in February, the fact Quiroz was arrested for robbery and false imprisonment in March, and when I consider the lives Quiroz placed at risk during today’s pursuit I see many opportunities for his actions to create a great number of victims, so I am not apt to equate no harm to no foul. These crimes (fouls) did occur and there are victims associated to them.

Are you tired of the consistent pattern of crimes that occur time and time again? Are you tired of the more violent society we have? Are you tired of organized retail thefts when you spend your time working hard to pay for everything you need? If you answered ‘yes’ to all three of these questions I am in complete agreement with you. We need better legislation. We need legislation that would work for the people to undo the damage AB 109, Prop 47 and Prop 57 have done and we need to return necessary tools back to prosecutors, and the criminal justice system as a whole, in order to establish much more accountability for criminal behavior and a much greater degree of safety for society. Until then I will continue to appreciate and rely on the police officers of the Oakley Police Department, and the region as a whole, to keep doing what they do to keep the public safe.

Stay safe everybody.”

Suspect Has History of Arrests

In addition to his arrests this year, ccording to localcrimenws.com, Quiroz has a history of arrested dating back to July 2018 by the Solano County Sheriff’s, Antioch, BART Police, Vallejo, American  Canyon and San Leandro Police Departments for outstanding warrants, parole violations, drug possession, assault with a deadly weapon or with force likely to cause great bodily harm, threats of violence, vandalism of $6,000 or more and failure to appear.

Allen D. Payton contributed to this report.

 

Three suspects sought in armed robbery of $100K in jewelry in downtown Walnut Creek

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By Lt. Ryan Hibbs, Walnut Creek Police Department

On Friday, April 21, 2023, at 10:21 P.M., the Walnut Creek Police Department responded to a parking garage in the 1600 block of Mt. Diablo Blvd. for a reported armed robbery where the victim was struck in the face with a firearm and robbed of $100,000 in jewelry, including a Rolex watch.

The victim described the suspects as three male adults who were wearing all dark clothing and carrying rifles. Prior to officers arriving, the suspects fled in a grey sedan. The victim was treated for minor injuries at the scene.

The Walnut Creek Police Department is reminding everyone to be aware of their surroundings and to report any suspicious activity. Anyone with any information regarding this case is asked to contact the Walnut Creek Police Department at 925-943- 5844 or call the Anonymous Tip Line at 925-943-5865. Case #: 23-13295

Student arrested for attempted murder and mayhem against another student at Northgate High School Tuesday

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By Lt. Holley Connor, Walnut Creek Police Department

Walnut Creek Police are investigating a violent assault on a student at Northgate High School, 425 Castle Rock Road, that took place this afternoon, Tuesday, April 25, 2023. Walnut Creek Police Department officers and detectives arrived, detained the student believed to be responsible, and quickly determined this was an isolated incident between two students. Based on the initial investigation, the suspect was arrested for PC 664/187 – Attempted Murder and PC 203 – Mayhem. He was transported to Contra Costa Juvenile Hall and is being held without bail.

The victim is currently being treated for her injuries at a local hospital and her condition is unknown.

The names of the involved parties will not be released, as they are juveniles. No other details are available at this time because this is an active investigation.

Anyone with any information is asked to contact Walnut Creek Police Department at 925-943-5844 or call the Anonymous Tip Line at 925-943-5865. Case #: 23-13721

Probation search in Brentwood leads to firearm arrest

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Confiscated firearm and bullets. Photos: Brentwood PD

By Brentwood Police Department

Last week our Officers conducted a suspicious vehicle stop in the 4000 block of Walnut Boulevard, after one of the officers saw what appeared to be a male subject passed out in a vehicle. The occupant of the vehicle, 32-year-old Eric Freitas, was found to be on probation out of Contra Costa County. A search of the vehicle revealed a box of .22 ammunition on the floorboard behind the seat and within reach of Freitas. A backpack, behind where Freitas’ was seated, was also located. Inside of the backpack was a modified flare gun capable of firing shotgun shells.

In addition to his probation terms, officers also discovered Freitas was a convicted felon prohibiting from possessing such items.

 

14 people arrested for multiple store robberies in Pittsburg

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Officers with bags of merchandise. One of the suspects arrested. Photos: Pittsburg PD

By Pittsburg Police Department

Our recent Pittsburg Police Retail theft operation was met with grand results. We arrested 14 people, towed 5 vehicles and recovered a total of $5,200 in stolen merchandise.

$3,200 of it was from our local stores (Winco, Walmart, Burlington & Target) in the City of Pittsburg.

$2,000 of it was from other department stores (Old Navy, Children’s Place, Forever21 & Macy’s) in the City of Antioch and San Francisco.

Two of the arrested persons admitted to being boosters (professional thief stealing for others to profit) that normally target department stores in San Francisco. The vehicle they use was towed and the additional $2000 was located inside several Sears plastic bags which were already separated and was supposed to be delivered to their customers. Due to them going on a shoplift spree throughout Contra Costa County, they were charged with felony shoplifting as well as being in possession of stolen property.

All the businesses were very appreciative of our assistance in recovering their merchandise.

 

Evidence of Lafayette man wrongfully convicted in 2005 high-profile murder presented to city council

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Antioch private detective helps compile report, seeks public’s help in pressuring officials

By Robert J. Hansen

Scott Dyleski at age 16 in his Lafayette home. (Courtesy of scottdyleski.org)

In 2005, 16-year-old Scott Dyleski was arrested and subsequently convicted for the murder of Pamela Vitale, the wife of nationally-recognized legal analyst and attorney Daniel Horowitz.

Private detective Ralph Hernandez and another seeker of justice, John Fitzgerald, presented a wealth of information suggesting Dyleski is innocent and was possibly framed for the murder to the Lafayette City Council at its April 10 meeting, urging the council to pressure the Contra Costa District Attorney’s Office to review Scott’s case.

“The actual murderer, or murderers, are still walking around Lafayette,” Fitzgerald said. “One of them was married to the woman that was murdered.”

Of the evidence Fitzgerald shared, the most convincing was the three K-9s who repeatedly led officers to a trailer on the property rather than following the trail that led back to Scott’s house.

“Nobody found out about this because it was never reported,” Fitzgerald said.

In the trailer were pinkish-red water in the sink, clothes soaking with blood on them, and a picture of the victim on them, according to Fitzgerald.

Many key items of potentially exculpatory physical evidence were not properly examined, according to a 2009 forensic report.

“These are items that were likely used by or associated with the offender during and after the commission of the crime. Flawed methodology and subsequent false testimony are beneath best practice, and raise the specter of potential fraud,” the report said.

Hernandez has over 50 years of investigative experience in public safety matters and is considered a national expert on investigating homicides. He began investigating Dyleski in 2011, six years after Dyleski was arrested, prosecuted and convicted of a murder Hernandez believes he did not commit.

“Scott Dyleski did not murder Pamela Vitale in your city, somebody else did,” Hernandez told the council.

Hernandez submitted a request to the Contra Costa DA’s Conviction Integrity Unit to review Scott’s case over four years ago.

After a couple of years and not hearing back from the Contra Costa DA office, Hernandez wrote a formal complaint about the DA to the Contra Costa County Board of Supervisors.

The complaint to the county, Hernandez said, has also gone unanswered.

Lafayette city council has not told Hernandez what they thought about the evidence he showed them, nor if they have any plans on getting involved.

Fitzgerald said his and Hernandez’s comments to the council sparked a community response that has led to several phone calls being made to the Contra Costa DAs office.

Scott Dyleski was sentenced to Life Without Parole in September of 2006 and transferred to San Quentin Prison on his 18th birthday, becoming the youngest inmate in the California prison system at that time.

He has since been moved to Kern Valley State Prison.

Hernandez says the public’s help is going to be needed in pressuring their elected officials to take action.

“As elected officials, they have sworn an oath to make sure the government works for the people, including the District Attorney’s Office,” Hernandez said.

This story is part of a rolling-investigative series.

Robert J Hansen is an investigative journalist with The Davis Vanguard, Newsbreak.com and is published in The Sacramento Observer.

Contra Costa DA Becton meets with Public Defender, others on Antioch cops’ racist texts, will work to ID compromised cases

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By Allen D. Payton

In response to the letter from the Contra Costa Public Defender Ellen McDonnell to DA Diana Becton on Friday, requesting all cases brought by the Antioch Police Department be dropped and all inmates be released, due to the racist text scandal, a meeting was held Monday afternoon to discuss the matter. (See related articles here, here and here)

DA’s Office PIO Ted Asregadoo sent the following statement “about the meeting that happened at 1 pm today at the DA’s Office”:

“Today, District Attorney Diana Becton, Public Defender Ellen McDonnell, Betty Barker from the Alternate Defender Office, and the Director of the Contra Costa Conflict Program, Oksana Tsykova met to discuss the creation of a process to address cases affected by the disclosure of cruel, racially insulting, and hostile text messages written or received by members of the Antioch Police Department.

The Contra Costa District Attorney’s Office is working to identify cases that are potentially compromised by the text messages. Once we’ve identified those cases – and any overlapping conflicts — we will initiate a detailed review process for potential dismissal, resentencing, or the preservation of convictions.

The DA’s Office is working to ensure that public safety and serving the interest of justice are priorities in this process.”

The scandal involves as many as 45 Antioch cops, focusing on 14 and one in particular, with many of them on paid leave during the police department’s own investigation.

McDonnell was asked if she had any comments about the meeting but did not respond prior to publication time.

Please check back later for any updates to this report.

Exclusive: Contra Costa DA’s Office under fire for releasing report revealing phone numbers of Antioch cops in text scandal, names of Antioch, Pittsburg cops, alleged crimes in FBI investigation

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Possible violation of officers’ rights, could undermine investigation; officers’ attorney considering “massive” lawsuit against DA’s Office

By Allen D. Payton

In the initial redacted version of the 21-page report dated March 27, 2023, on the racist and other offensive texts by Antioch Police Officers by the Contra Costa District Attorney’s Office revealed those officers’ cell phone numbers and the names of the Antioch and Pittsburg Police Officers under investigation by the FBI since March 2022, plus the list of their alleged “crimes of moral turpitude” that are supposed to be under court protective order. That version was leaked and posted by someone on social media Thursday morning, April 13, 2023. The result has been a firestorm because it violated the court order and possibly the police officers’ rights and could undermine the investigation. It could also result in a “massive class action lawsuit” against the DA’s Office according to the attorney for the Antioch Police Officers Association (APOA). (See related article)

The DA’s office incorrectly redacted the document before releasing it because the leaked redacted version of the report allows for copying of the information beneath the black blocks revealing the sensitive information. NOTE: The PDF of that version was not shared by the Herald. Only the PDF of the further redacted version by the DA’s Office.

It was the Herald that revealed the mistake to the CCDA’s Public Information Officer Ted Asregadoo on Thursday, who said it was an Adobe software issue. He said the information was under court protective order, thanked this reporter and said the office would be changing how they create PDF’s which they did for the final redacted copy the office issued that afternoon.

Officers Receiving Angry Calls

When asked about the matter, Mike Rains, the APOA’s attorney said, “We’re aware of it. Some of the officers have been getting angry calls.”

Asked if the DA’s Office violated the officers’ rights and if it could undermine the FBI’s and DA’s investigation of those officers, Rains said, “I think it does. I believe it will result in a massive class action lawsuit. The DA’s Office f-ed up.”

He also shared that the officers were obtaining new cell phone numbers.

“It was Deputy DA Simon O’Connell who did the redacting,” Rains stated. “I called Becton and told her they screwed up.”

Questions were sent to DA Becton, O’Connell and Asregadoo, Thursday night asking if it was O’Connell who redacted the initial version of the report and if so, will there be some form of discipline of him for doing so. They were also asked if the revelation of the phone numbers of the 14 officers on the list of those accused of sending the offensive texts and more importantly, the officers names, phone numbers and information from the investigation by the DA’s Office and the FBI, undermine that investigation and does it violate those officers’ rights.

Asregadoo responded Friday morning, copying Becton and O’Connell, “The joint CCCDAO and FBI investigation is ongoing, so we really don’t have anything to comment on at this time.”

Becton later responded simply, “Ok, thanks for the update.”

Pages from the initial redacted PDF version of the 21-page report by the Contra Costa DA’s Office on the racist texts by Antioch Police Officers with the phone numbers of the officers and the sections about the FBI investigation that were supposed to be unreadable.

Revealed Information About FBI Investigation

The information now in the public domain, some of which was previously reported by the East Bay Times, includes the names of the Antioch and Pittsburg Officers under investigation by the FBI and DA’s Office, plus the alleged crimes they committed. They were described as “crimes of moral turpitude” which is defined as “conduct that shocks the public conscience, or which does not fall within the moral standards held by the community” for buying and selling controlled substances believed to be steroids among themselves. (See related articles here and here)

The portion of the report that was supposed to be redacted and out of public view reads as follows:

“The FBI is currently investigating the police officers for violations of the following federal offenses; Title 21, United States Code, Sections 841(A), distribution, and possession with intent to distribute a controlled substance; Section 843(b) illegal use of the mail in furtherance of narcotic trafficking; Title 18, USC, 1503 Obstruction of Justice; Section 846, attempt and conspiracy to commit the foregoing offenses; Section 241, Conspiracy for two or more persons to agree to injure, threaten, or intimidate a person in the United States in the free exercise or enjoyment of any right or privilege; and Section 242, a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States. The CCCDAO is investigating these officers for assault under the color of authority, bribery, embezzlement, possession of controlled substances (steroids) for sale, knowing or offering any false or forged instruments, possession, and sales of assault weapons, and attempt and conspiracy to commit the foregoing offenses. The CCCDAO is also reviewing whether any of the above listed individuals have violated Penal Code (PC) section 745, the Racial Justice Act, which prohibits the use of race, ethnicity, or national origin by a law enforcement officer in pursuit of a conviction or sentence.

On 03/22/2022, the Honorable Presiding Judge Rebecca C. Hardie, Judge of the Superior Court of California, Contra Costa County, signed a search warrant under seal authored by CCCDAO Senior Inspector Larry J. Wallace for the seizure and search of the following cellular telephones: Pittsburg Police Officer Willie Glasper, (redacted phone number); Pittsburg Police Officer Brauli Rodriguez Jalapa, (redacted phone number); Pittsburg Police Officer Ernesto Juan Mejia-Orozco, (redacted phone number); Pittsburg Police Officer James Robert Anderson, (redacted phone number); Antioch Police Officer Ben C. Padilla, (redacted phone number); Antioch Police Officer Eric Rombough, (redacted phone number); Antioch Police Officer Devon Wenger, (redacted phone number); and Antioch Police Officer Andrea Rodriguez, (redacted phone number). The search warrants and affidavits were signed under seal and filed with the Martinez Superior Court.

On 03/22/22, the Honorable Laurel Beeler, United States Magistrate, Northern District of California, signed a federal search warrant under seal authored by FBI Special Agent (SA) Thuy Zoback for the seizure of the following cellular telephones: Pittsburg Police Officer Armando Montalvo; Pittsburg Police Officer Patrick Berhan; Antioch Police Officer Timothy Manly Williams; Antioch Police Officer Morteza Amiri, Antioch Police Officer Nicholas Shipilov; Antioch Police Officer Eric Rombough; Antioch Police Officer Daniel Harris; and Antioch Police Officer Calvin Prieto. The purpose of the search warrants were to seize electronic communications; such as, but not limited to the following: records and communications indicating the possession, use, purchase, sale, distribution, transfer, theft, and/or concealment of controlled substances, including books, receipts, notes, ledgers, pay and owe sheets, correspondence, records noting price, quantity, date and times when controlled substances were purchased, possessed, transferred, distributed, sold or concealed.

On 03/23/2022, sworn law enforcement members of the CCCDAO and the FBI retrieved the above listed cellular telephones from the above listed sworn law enforcement members of the Pittsburg and Antioch Police Departments. Law enforcement members from the CCCDAO and the FBI downloaded/extracted electronic cellular data communications from the above listed cellular telephones. A thorough review of the electronic cellular data communications took place for the past year.”

Rains Exploring Legal Options

“I am exploring legal options including a possible lawsuit related to our grave concerns about the way in which this report was ordered released by the court to begin with, when I was supposed to be given the opportunity on behalf of the officers to seek a protective order,” Rains stated on Monday. “Plus, the release by the DA’s Office when they told me, the judge told me to tell Chief Assistant DA Simon O’Connell to not release the report until I had the opportunity to be heard. We tried to set up dates with the defense attorneys on Monday, after the morning appearance I made. Then I received an email from O’Connell on Tuesday that the judge ordered the report released. I feel betrayed by both the judge and by the DA’s Office.”

“I’m exploring the damages done to the officers due to the actions by the DA’s Office,” he added.