Contra Costa Herald

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

San Pablo woman charged in death of Walnut Creek assisted living facility resident

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Under her care and custody

By Ted Asregadoo, Public Information Officer, Contra Costa County District Attorney’s Office

An assisted living worker at Atria Walnut Creek has been charged with a felony complaint in the death of a 94-year-old resident on August 31, 2022.

54-year-old Lateshia Sherise Starling of San Pablo faces one count of elder or dependent adult abuse, resulting in the death of Constantine Albert Canoun [PC368(b)(1)]. The complaint against Ms. Starling states while having care and custody of Mr. Canoun, she “willfully caused and permitted him to be placed in a situation in which his health was endangered and knew and reasonably should have known that (Mr. Canoun) was an elder and dependent adult.”

Mr. Canoun resided in the Memory Care Unit at Atria Walnut Creek and suffered from dementia. On the night of August 23rd, Mr. Canoun was rushed to John Muir Medical Center after ingesting all-purpose cleaning solution in a nearby kitchen area. He died on August 31st from injuries to his stomach, esophagus, and part of his throat.

Following an investigation by the Walnut Creek Police Department, the incident was referred to the Contra Costa District Attorney’s Office on January 24th. After reviewing the referral, charges were filed with the Superior Court of California, Contra Costa County. Ms. Starling will be arraigned on January 30th at 1:30 pm in Martinez. She is currently in the Martinez Detention Facility with a bail amount set at $100,000.

01-23-00272 | The People of the State of California vs. Lateshia Sherise Starling

 

Antioch man convicted of multiple counts of felony sexual abuse of girl

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By Ted Asregadoo, Public Information Officer, Contra Costa County District Attorney’s Office

On January 19th, 2023, the Contra Costa District Attorney’s Office prevailed in convicting 40-year-old Julian Chenychen on multiple counts related to the sexual abuse of a girl, who is a minor.

On June 1st, 2020, Jane Doe was admitted to a local hospital in Concord and gave birth to a full-term stillborn baby. Doe noted to the medical staff at the time that she didn’t know what was happening to her body, nor did she understand she was pregnant. It was only after hours of suffering through severe stomach pains that Chenychen took her to the hospital.

Staff at the hospital notified law enforcement about the stillbirth and their belief that Julian Chenychen impregnated her. Law enforcement officers detained Chenychen and referred the investigation to Antioch Police. After several forensic interviews with Jane Doe, and investigations by Antioch Police Detectives Kelly Inabnett and Brittney Crites, it was determined that the molestation incidents had been occurring for years.

The DA’s Office filed a complaint against Chenychen in 2021. The charges included six counts of aggravated assault of a child [PC269)], 11 counts of lewd or lascivious acts involving children [PC288(b)], and an enhancement of bodily harm inflicted during the commission of a felony [PC12022.7] – which is related to Jane Doe’s pregnancy.

Chenychen was convicted by a jury for his actions on all charges. He faces a life sentence without the possibility of parole.

Deputy District Attorney Chris Sansoe noted that while the crimes committed against Jane Doe in this case were truly horrific, she is currently in a supportive living situation that’s helping her heal from the abuse she suffered in the past.

According to Antioch Police Department Public Information Officer Ashley Crandell, ‘On July 15, 2020, the Antioch Police Department’s Investigations Bureau was made aware of sexual assaults that occurred in multiple cities, including Antioch, during the years 2019 and 2020. Our Sexual Assault Detectives Brittney Crites and Kelly Inabnett immediately began investigating the allegations.

Due to their diligent work, they learned the suspect, Julian Chenychen, had sexual relations with the minor victim for several years, eventually impregnating her. Detectives Crites and Inabnett worked tirelessly to gather evidence and coordinate with other entities to complete this investigation.

Chenychen was arrested in 2020. On January 19, 2023, he was convicted of 17 different felony counts of crimes related to aggravated sexual assault of a child. His maximum sentence is life without the possibility of parole.

This is a devastating case, and we want to recognize the tireless and dedicated work of Detectives Crites and Inabnett. It is also important to recognize, this was a collaborative effort with Contra Costa County Deputy District Attorney Chris Sansoe, the District Attorney’s Office Advocate Group, and Contra Costa County Investigator/K9 handler Janet Era and her canine companion, Bear. Bear is a support dog that was able to help comfort this child throughout the entire process. The outcome of this case is due to the collaborative effort of all involved and the dedication of our detectives.

Due to the sensitive nature of this investigation, information as to the location and name or any identifying information pertaining to the victim are being withheld. This was an isolated incident, and we have no reason to believe there are additional victims.

A January 24th post on the Antioch Police Department’s Facebook page reads, “Our Violent Crimes Detectives Crites and Inabnett worked tirelessly to ensure this case was investigated thoroughly. Thank you to @ContraCostaDA for your partnership on this!”

Case #04-199931-7 | The People of the State of California vs. Julian Chenychen

DA says 2021 use of force by Antioch Police Officers was lawful

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Following investigation of in-custody death of Arturo Gomez Calel; while on meth attempted to break into occupied vehicles, struggled with and was tased by police

Mayor Thorpe used incident to push his police reforms at special Friday meeting later that week

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

Martinez, Calif. –  On Friday, Jan. 13, 2023, the Contra Costa District Attorney’s Office released a report on the 2021 in-custody death of 33-year-old Arturo Gomez Calel in Antioch clearing police of any wrongdoing. The DA determined as written below, “the use of force by Antioch Police Officers was lawful and permitted”. 

The incident occurred just after midnight on Wednesday, February 24, 2021 in which Gomez was on meth, attempting to break into occupied vehicles on a major city street, then struggled and was Tasered by police. Later that day, Mayor Lamar Thorpe held an emergency press conference with then-Police Chief Tammany Brooks and used the incident to push his police reforms at a special Friday meeting that week. (See related article)

The report is part of a Contra Costa County protocol to investigate incidents where police officers or civilians are shot or die during an encounter with law enforcement. The District Attorney’s Office conducts its own independent investigation into law enforcement fatal incidents (LEIFI) and details those findings — along with a legal analysis and a charging decision – in a report that’s released to the public. The release of the LEIFI report on Gomez is the final step in the investigation.

District Attorney Diana Becton notes, “My administration has been committed to public safety, transparency, and increased accountability since I was elected in 2018. The LEIFI investigations are an example of that commitment to be transparent with the public about in-custody deaths like that of Mr. Gomez.” 

The February 24th, 2021, incident involving Arturo Gomez began after midnight when Gomez placed a 911 call to authorities claiming his phone had been hacked. A dispatcher noted that Gomez sounded paranoid and appeared to be in an argument with another person – whom authorities later learned was a Lyft driver. While Gomez was traveling in the Lyft vehicle, he came into possession of the driver’s phone after Gomez asked to see the address he was going to. At one point, the Lyft driver said he became fearful Gomez was going to physically harm him and exited the vehicle. Gomez proceeded to climb into the driver’s seat and attempted to drive off. However, his efforts were thwarted by the Lyft driver — who retrieved the ignition key before Gomez could drive away. Gomez then exited the vehicle and fled on foot. 

When officers from Antioch Police arrived on the scene at Lone Tree Way at Ridgerock Drive, Gomez was on a cell phone. As an officer approached him, Gomez backed away saying “You’re a fake cop.” Gomez then led the officers on a foot chase where he eventually ran into traffic on Lone Tree Way. To mitigate the safety hazard Gomez was creating, police set up a traffic break to prevent vehicles from traveling through the incident area.

While trying to evade police, Gomez tripped and fell to the ground on James Donlon Boulevard. One officer ordered him to stay on the ground, but Gomez ignored the command. Officers then tried to physically subdue him, but Gomez continued to struggle, and a physical altercation ensued. After multiple Taser deployments on Gomez, the officers were eventually able to handcuff him. At no point did any of the officers involved use the weight of their body on Gomez’s back or neck, nor did they use a carotid restraint on him.

However, shortly after Gomez was detained, he became unresponsive and stopped moving altogether. Officers rolled him onto his left side, noticed his breathing had become labored and then began administering life-saving measures while emergency medical personnel were enroute. Gomez died later at a local hospital.

An autopsy to determine the cause of Gomez’s death was performed by Dr. Arnold Josselson on February 25th. Dr. Josselson found Gomez had 910 nanograms of methamphetamine and 54 nanograms of amphetamine in his blood — substances which, when taken in large doses, can lead to convulsions, circulatory collapse, hallucinations, and cardiac arrest. Dr. Josselson concluded that Gomez died from “asphyxia and cardiac arrest while in a prone position during a struggle with police after being tased while under the influence of methamphetamine.” 

During his testimony at the Coroner’s Inquest on April 29, 2022, Dr. Josselson explained to the jurors the three-step process that led to Gomez’s death. The first stage was brought on by the amount of methamphetamine in his system; an amount that gave rise to his aggressive and physically active behavior when resisting police arrest. In the second stage, Gomez’s muscles were completely exhausted and lacked the ability to expand his rib cage allowing him to breathe. The third stage was brought about by low oxygen levels that led to his heart stopping. Following the testimony of Dr. Josselson and other witnesses, the jury reached a unanimous verdict that Arturo Gomez’s death was an accident (i.e., an unforeseen event, misfortune, act, or omission with no evidence of an intent to harm or cause death). 

In its legal analysis, the District Attorney’s Office concluded that, given the totality of facts in this incident, the use of force by Antioch Police Officers was lawful and permitted pursuant to California Penal Code sections 835, 835a, 835a(a)(4), and 835a(b). Consequently, the Contra Costa District Attorney’s Office will take no further action regarding the in-custody death of Arturo Gomez. 

The District Attorney’s Office is in the process of notifying the Gomez family about the publication of this report. A copy of the report has also been sent to state Attorney General Rob Bonta’s office and is available on the District Attorney’s website.

Allen D. Payton contributed to this report.

CHP report: Antioch Mayor’s Blood Alcohol Level during DUI arrest was .121 and .124

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Antioch Mayor Lamar Thorpe was arrested on March 19, 2022, for DUI. Later that day in an apology video he said, “I never felt inhibited by the drink I had with my dinner”.

Enough for 3 drinks for his body weight, more than “the drink…with dinner” he admitted to; lied to CHP officer; failed field sobriety tests; refused breath test during stop

By Allen D. Payton

According to the arrest report of his DUI arrest in March Antioch Mayor Lamar Thorpe had a Blood Alcohol Level of .121% and .124% according to two chemical breath tests he was administered. Released by the California Highway Patrol on Thursday, Dec. 22, 2022, the report also reveals Thorpe failed the field sobriety tests in a variety of ways including having nystagmus which is defined as, “uncontrolled repetitive movements of the eyes” and “the distinct odor of an alcoholic beverage emitting from his breath”. Thorpe DUI Arrest 3-19-22 Report Redacted

Yet, in an apology video on his official Facebook page later that morning, Thorpe said, “I never felt inhibited by the drink I had with my dinner”. He was pulled over by CHP Officer J. Dagnino at about 1:15 AM.

The report also shows Thorpe lied to the officer about having anything to drink.

“I asked Lamar if he had consumed any alcoholic beverages prior to driving and he related he had nothing to drink,” Rosario wrote.

The report shows the 41-year-old Thorpe, who was wearing a “Michelob Ultra” wristband at the time of the stop, “was struggling to maintain a center lane position” while driving northbound on I-680 in Concord at 59 MPH.

During the field sobriety test, while standing on one leg he, “Swayed from center, left to right” and “lost his balance” during the Walk and Turn portion of the field test. Officer Dagnino wrote that he, “advised Lamar of the PAS (Preliminary Alcohol Screening Device)…and he refused to provide a sample.”

Blood Alcohol Content and Level

According to Law and Daily Life “The definition of blood alcohol content is the blood alcohol level expressed as a percentage” and “Generally one drink is considered: (1) 12 fluid oz. beer, (1) 5 fluid oz. glass of wine or (1) 1.5 fluid oz shot of hard liquor.”

The arrest report shows Thorpe weighs 120 pounds. According to the DMV’s BAC chart that means he had to have consumed at least four drinks prior to his arrest, not taking into account the reduction by 0.01% for each 40 minutes of drinking. His two tests were administered at 2:13 AM and 2:19 AM, which means his BAC was higher at the time he was driving an hour prior.

12-28-22 9:00 PM UPDATE: However, the original arrest report issued in March shows Thorpe weighs 150 pounds which according to the above chart clearly requires at least three drinks to be legally intoxicated. Chp288B.THORPE Report of Arrest 3-19-22

An email was sent to CHP PIO Andrew Barclay Wednesday evening for clarification of which weight for Thorpe is correct. Barclay responded, “His license lists 120 lbs., but as you know you can claim whatever. I would not know what his current weight is as it is inconsequential in our investigations.  The 150 could simply be a typo.”

According to reports from Antioch residents and restaurant staff members who chose to remain anonymous, Thorpe was seen drinking at an Antioch restaurant earlier that day prior to leaving the area.

Transcript of Report

Observation Prior to Contact

“On 3/19/2022 at approximately 0110 hours, I was on patrol, in full CHP uniform, driving a fully marked black and white CHP patrol vehicle, with my partner Officer J. Del Rosario #22568 (passenger). On the date and time mentioned, I was traveling northbound on I-680, just south of Monument boulevard within the #4 lane, monitoring traffic. Traffic was moderately light, and I observed a silver SUV just ahead of my location, within the #5 lane, that was struggling to maintain its center lane position. I accelerated my patrol vehicle and positioned it directly behind the silver SUV, now identified as a silver Volvo with a California license plate of (redacted) and continued to monitor the Volvo’s driving behavior. While monitoring the Volvo’s driving behavior, I observed the Volvo continue to struggle to maintain a center lane position, by crossing over the broken white lane divider line on left side and the solid white line on the right side. The Volvo was also traveling at approximately 59 MPH in a posted 65 MPH zone.

After observing the Volvo’s driving behavior, I activated my patrol vehicle’s emergency CODE 3 lights and initiated an enforcement stop on the Volvo. The driver of the Volvo applied the brakes and began to pull to the right shoulder on SR-242 northbound, just north of the I-680 transition. Using the patrol vehicle loudspeaker (PA) my partner began to instruct the driver of the Volvo to exit at the Clayton Road exit. The driver of the Volvo continued to drive on the shoulder of SR-242, until my partner directed the Volvo to turn right onto Market Street and pull to the right curb edge, just south of Clayton Road. The Volvo followed instructions given by my partner and pulled to the right curb edge, just south of Clayton Road and Market Street intersection. I parked directly behind the Volvo, exited my patrol vehicle and made a passenger side approach of the Volvo.

Observation Upon Contact

I contacted the driver, who was the only occupant in the vehicle, through a lowered passenger window and immediately detected the odor of an alcohol beverage emitting from within the Volvo. I advised the driver for the reason of the stop and asked for his license, registration, and insurance. The driver provided me with a California Driver License and was positively identified as Lamar Anthony Thorpe with a date of birth of 04/06/81 and [redacted].

Upon contact, Lamar displayed objective signs and symptoms of intoxication; watery eyes, droopy eye lids and slurred speech. Lamar was also wearing a white Michelob Ultra wristband around his right wrist and related he was on his way home from dinner. I asked Lamar if he had consumed any alcoholic beverages prior to driving and he related he had nothing to drink. I directed Lamar to exit the vehicle and meet me near my patrol vehicle to answer a series of questions and perform a series of voluntary field sobriety tests. Lamar exited his vehicle and met me on the concrete sidewalk. While speaking with Lamar outside the vehicle, I could smell the odor of an alcoholic beverage emitting from his breath. I asked Lamar the remainder of the Pre-FST questions which he answered accordingly. I explained and demonstrated a series of Field Sobriety Tests to Lamar, which he did not complete as explained and demonstrated.

Horizontal Gaze Nystagmus

Lamar related he was wearing soft contact lenses. His eyes were watery, his pupils were equal, and he was able to track the tip of my finger with both eyes. He displayed the following:

  • Lack of smooth pursuit in both eyes
  • Distinct and sustained nystagmus at maximum deviation in both eyes
  • Onset of nystagmus prior to 45 degrees in his right eye, at approximately 40 degrees
  • Lack of convergence in his left eye.

During Walk and Turn, Lamar displayed the following:

  • Lamar lost his balance during the instruction phrase. I instructed him to set back up in the starting position.
  • Lamar used his arms for balance by raising them more than six inches from his sides.
  • Stepped offline between steps 5 and 6, during the first set of steps
  • Missed heel to toe contact by more than 1” between steps 3 & 4 of the first set.

One Leg Stand:

Lamar raised his left foot for the test, and he displayed the following:

  • Swayed from center, left to right
  • Used his arms for balance by raising them more than six inches from his sides.
  • Put his foot down twice and was instructed to lift his foot and continue to test

Modified Rhomberg

Lamar was instructed to end the test once he reached an internal estimated count of thirty seconds, he ended the test at fifty-two seconds.

  • His eyes displayed tremors
  • He swayed from center, front to back
  • Lamar displayed a bouncing pulse in his neck

ARREST

Due to Lamar operating a motor vehicle upon a highway, his admission to operating a motor vehicle, the distinct odor of an alcoholic beverage emitting from his breath, his objective signs and symptoms of alcohol impairment (water eyes, slowed/ slurred speech, droopy eye lids) and his poor performance on the field sobriety tests, I determined Lamar was operating a motor vehicle while under the influence of alcohol and was impaired. I placed Lamar under arrest for violation of California Vehicle Code section 23152(a) VC (Misdemeanor, DU). Lamar was searched incident to arrest and placed in the front seat of my patrol vehicle. I advised Lamar of Implied Consent (23612 VC) and he chose to submit to a chemical breath test.

Lamar was transported to the CHP Contra Costa Area Office for the chosen chemical test. I observed Lamar for fifteen minutes prior to administering the chemical breath test to ensure he did nothing to compromise the test. Lamar provided two breath sample with results of .121% and .124%. I advised Lamar of Trombetta and he declined any further testing. (According to LosAngelesDUIAttorney.com, “California v. Trombetta was a Supreme Court case that found that police do not have to preserve DUI breath test samples like other evidence. It was also be used as a precedent…to establish rules for destroyed or missing evidence).

Following the chemical test, Lamar signed the CHP 215/ Promise to Appear in my presence and was released to [redacted].

EVIDENCE

Item #1            1 Compact Disc containing video of news clip/ suspect’s admission to driving while under the influence.

OTHER FACTUAL INFORMATION

The same morning following the incident, ABC 7 news uploaded an article regarding the arrest/ incident. In the video, Lamar Anthony Thorpe (Mayor Antioch, Ca) relates he was arrested by California Highway Patrol for driving under the influence. In the video, Lamar related he assumes full responsibility for his actions and admits to operating a motor vehicle while under the influence. The video was copied onto a compact disc, booked into the CHP Contra Costa temporary evidence locker and a copy was attached with this report.

The patrol vehicle utilized is equipped with a Wireless Mobile Video Audio Recording System (VVMVARS) that was on at the time of the incident and which may or may not have captured all relevant information.

RECOMMENDATION

I recommended a copy of this report be forwarded to the Contra Costa County District Attorney’s Office for review and prosecution of Lamar Anthony Thorpe for the following charges:

  • 23152(a) VC – Misdemeanor – Driving Under the Influence.
  • 23152(b) VC – Misdemeanor – Driving Under the Influence over .08% BAC.”

———-

Found Guilty on One DUI Count

As previously reported, Thorpe, through his attorney, pled no contest to both charges, during his court hearing, on Tuesday, Dec. 13, 2022. According to the Felony and Misdemeanor Clerk’s Docket and Minutes he was found guilty on the second count of DUI over .08% BAC and the other charge was dismissed. Thorpe Clerk’s Docket and Minutes 12-13-22 redacted

According to the Misdemeanor Order of Probation, Thorpe was fined $1,749 and was sentenced to two days I prison with one day credited and is eligible for the Sheriff’s Work Alternative Program for the one remaining day. Thorpe was also sentenced to three years of probation and cannot drive a vehicle with any measurable alcohol in his blood and must attend and complete a three-month alcohol program. Thorpe Misdemeanor Order of Probation 12-13-22 redacted

He was given the Watson advisement. According to LosAngelesDUIAttorney.com, A “Watson advisement” is a formal statement you must sign after being convicted of DUI. It says you understand that driving under the influence can injure or kill people, and it can be used against you if you ever cause a DUI accident in the future. Legally, this means that you could be tried for second degree murder if your DUI kills someone.”

Please check back later for any updates to this report.

Two men charged for financial crimes of defrauding Californians on public assistance

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Arrested in Hercules with 50 cloned EBT cards; bail set at $1 million each

By Ted Asregadoo, Public Information Officer, Contra Costa District Attorney’s Office

Two fly-by-night individuals have been charged with multiple felonies and face misdemeanor charges in a sophisticated financial criminal scheme that defrauded hundreds of Californians receiving public assistance.

27-year-old Florin Tanasa and 30-year-old Adam Nilsson each face seven felony counts that includes second degree commercial burglary, grand theft, theft, forgery, and conspiracy. In addition, Tanasa and Nilsson face misdemeanor charges of possessing and/or using a fraudulent scanning device.

Both men, who have no known ties to Contra Costa County or the Bay Area, were arrested by Hercules Police Officers on December 1st at a Bank of America branch on Sycamore Avenue. Police were called to the location after a bank official alerted authorities of consecutive cash withdrawals from EBT cards at the bank’s ATM. A search of their vehicle found 50 fraudulently cloned EBT cards, credit card skimming equipment, and thousands of dollars in cash. They were arraigned Tuesday in Martinez and entered a plea of not guilty.

Deputy District Attorney Dana Filkowski filed a court motion stating the defendants were flight risks, threats to public safety, and are also under investigation in the City of Belmont and Santa Barbara County for similar crimes. Moreover, Hercules Police authorities established probable cause that funds used by the defendants to post bail would likely come from their criminal activity. Filkowski asked Judge Nancy Davis Stark to set their bail at $1 million each – which she agreed to do.

“Nilsson and Tanasa are mobile perpetrators who have preyed upon California’s most vulnerable residents,” Filkowski said. “Their financial crimes have bilked individuals and families of assistance they need for support. Had they been released on bail they would have likely continued their criminal enterprise of defrauding those in need.”

There are ways for people to protect themselves from financial fraud at ATMs or Point of Sale machines. The California Welfare Fraud Investigators Association features a video on how these scams work, and the California Department of Socials Services also has a video on common EBT scams.

2-22-01426 & 2-22-01425 | The People of the State of California vs. Adam Nilssen and Florin Tanasa

Hayward man arrested for mayhem, aggravated assault in blinding eye of Antioch fast food worker

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Isaac White-Carter. Booking photo by APD

U.S. Marshals assist; arrested last year and this year for battery and threats

By Public Information Officer Ashley Crandell, Support Services Division, Antioch Police Department

Isaac White-Carter caught on surveillance camera at Habit Burger Grill on Nov. 12, 2022.

On November 12, 2022, at approximately 5:25 pm, the Antioch Police Department Dispatch Center began receiving calls of an assault that occurred at The Habit Burger Grill located at 2430 Mahogany Way in Antioch. Officers learned an employee was punched in the face multiple times after protecting an individual with an intellectual disability from being bullied. The victim lost her right eye because of the incident.

Our Investigations Bureau worked tirelessly to identify and locate the suspect over the last several weeks. Through that ongoing investigation, Isaac White-Carter, a 20-year-old resident of Hayward, was identified as the assailant. Antioch Police Department Special Operations Unit detectives worked in collaboration with the United States Marshalls Service (USMS) to locate Mr. White-Carter. USMS Agents with the Pacific Southwest Regional Fugitive Task Force arrested White-Carter in Hayward, California, this morning and turned him over to Antioch Police detectives. He has been arrested for the felony charges of mayhem and aggravated assault causing great bodily injury.  Detectives will be presenting their case to the Contra Costa County District Attorney’s Office for prosecution.

We want to thank the Contra County Sheriff’s Office, the United States Marshalls Service, and members of the community who came forward to assist with this investigation.

During a press conference on Monday afternoon, Dec. 5, Detective John Cox shared that the victim will be helped by the Victims of Violent Crimes through the Contra Costa District Attorney’s Office. He also shared that White-Carter is known to Antioch Police and that he was arrested last year.

According to localcrimenews.com, White-Carter was arrested by Concord Police on August 31, 2021, for 243(A) – battery on a person and 422(A) – threats of violence. He was again arrested on March 14, this year for 243(E)(1) – battery on a spouse, cohabitant or former spouse and
422 – threats of violence.

Surveillance video screenshot of incident at Habit Burger Gril on Nov. 12, 2022.

The members of the Antioch Police Department express their support and gratitude to the victim for helping a community member in need.

If anyone has further information pertaining to the case, please contact Detective John Cox at jcox@antiochca.gov. You can also text an anonymous tip to 274637 (CRIMES) using the keyword ANTIOCH.

Allen D. Payton contributed to this report.

D.A. Becton explains charging decision of suspect in Antioch robbery homicide of store clerk

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Based “on a legal and factual determination — and not an elective, optional, or discretionary one.”

Contra Costa County District Attorney Diana Becton issued the following statement on the charging decision of Ronald Benjamin Jackson, III who was arrested for robbing an Antioch gas station convenience store and killing the clerk, James Williams while exchanging gunfire on Sunday morning, Nov. 26. (See related articles here and here)

“The family, friends, and loved ones of James Williams are understandably devastated by the shocking news of his death in a gun battle at the Chevron station in Antioch on November 26th — where he worked as a store clerk. Our sympathies and condolences go out to those closest to him.

The Contra Costa County District Attorney’s Office declined to file murder charges in this case solely on a legal and factual determination — and not an elective, optional, or discretionary one. It was based upon an established law that clearly states a person cannot pursue another to retrieve stolen property once the threat of bodily injury or harm to the victim has subsided.

The video evidence of the incident clearly shows Ronald Benjamin Jackson, III, and another suspect exiting the Chevron station convenience store after the robbery and running from the scene. Mr. Williams is also seen in the video footage leaving the Chevron station store with a firearm while running after the robbers. Mr. Williams then fired upon Mr. Jackson, hitting him in the leg while he was fleeing and causing him to fall to the ground. Mr. Williams continued to approach Mr. Jackson with his firearm pointing at him when Mr. Jackson fired shots at Williams hitting him twice. Once in the chest and in the leg.

In the eyes of the law, Mr. Williams’ actions ceased to be self-defense when Mr. Williams pursued Mr. Jackson and the other suspect with a firearm — and continued to pursue Mr. Jackson after he shot him.

The legal distinction is clear: when your property and life are being threatened, an individual is legally justified in using deadly force in self-defense. However, once the threat of harm has dissipated, the victim of a property crime cannot then use deadly force to reclaim stolen property.

However, the reality of Mr. Williams’ tragic death will be a substantial factor in the DA’s position in asking for greater penalties in the sentencing of the defendants.

Diana Becton, District Attorney of Contra Costa County”

Allen D. Payton contributed to this report.

California receives $1.2 million of settlement with Concord nursing home for poor care

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State Attorney General Bonta thanks U.S. Attorney’s Office for assistance

California Attorney General Rob Bonta on Tuesday secured a settlement against a Contra Costa County skilled nursing facility resolving allegations of understaffing and patient abuse and neglect. The settlement resolves claims that for five years, San Miguel Villa subjected its patients to poor care due to understaffing and effectively rendered a number of its services useless. The settlement amounts to a total of $2.3 million, with California receiving $1.2 million. (See related article)

“Corporate profits should never be placed above patient needs and care,” said Attorney General Rob Bonta. “Every patient is entitled to humane care, and skilled nursing facilities should always have the appropriate level of staffing to ensure this standard of dignity is met. I want to thank the U.S. Attorney’s Office for their critical help during the course of this investigation. With the help of our federal partners, my office will continue to protect the well-being of all Medi-Cal beneficiaries.”

In June 2017, the California Department of Justice’s Division of Medi-Cal Fraud and Elder Abuse (DMFEA) responded to a report from the U.S. Attorney’s Office for the Northern District of California (USAO) involving allegations of overmedication of residents at San Miguel Villa. The USAO requested DMFEA’s assistance in the investigation. Conducted by DMFEA and the USAO, the investigation analyzed residents’ medical charts, surveys from the California Department of Public Health, prescription records, and publicly available staffing information from 2012-2017 – the time frame when the alleged mistreatment occurred. The investigation uncovered evidence of understaffing at the facility resulting in harm to residents, such as increased falls, patient-on-patient violence, weight loss, and overmedication to render patients more manageable. Tuesday’s settlement amounts to a total of $2.3 million, with California receiving $1.2 million.

The California Department of Justice’s DMFEA protects Californians by investigating and prosecuting those who defraud the Medi-Cal program as well as those who commit elder abuse. These settlements are made possible only through the coordination and collaboration of governmental agencies, as well as the critical help from whistleblowers who report incidences of abuse or Medi-Cal fraud at oag.ca.gov/dmfea/reporting.

DMFEA receives 75% of its funding from HHS under a grant award totaling $53,792,132 for federal fiscal year 2022-2023 The remaining 25% is funded by the State of California. The federal fiscal year is defined as October 1, 2022, through September 30, 2023.

A copy of the settlement is available here.

Concord nursing home to pay $2.3 million in settlement of grossly substandard care allegations

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Submitted false claims in billing to Medicare and Medi-Cal programs

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

Tranquility Incorporated, a corporation doing business as San Miguel Villa which is a 190-bed skilled nursing facility located in Concord, CA, has agreed to pay $2.3 million to settle allegations that it submitted false claims by billing the Medicare and Medi-Cal programs for grossly substandard nursing home services it provided to its residents between 2012 and 2017, announced United States Attorney Stephanie M. Hinds and Department of Health and Human Services Office of Inspector General (HHS-OIG) Special Agent in Charge Steven J. Ryan. (See settlement)

The settlement resolves allegations that from 2012 to 2017 San Miguel Villa submitted, or caused to be submitted, claims to the Medicare and Medi-Cal programs for payment of its services that were grossly substandard and failed to meet minimum required standards of skilled nursing care in multiple ways. The United States alleges that nursing home residents at San Miguel Villa were overmedicated with psychotropic drugs, suffered excessive falls, were exposed to resident-on-resident altercations, and experienced other mental and physical harm.

“Residents of nursing homes are among the most vulnerable in our community, and they rely on Medicare and Medi-Cal programs to provide the care and services they must have,” said United States Attorney Stephanie M. Hinds. “Nursing homes are entrusted to impart competent and quality care to their residents. This case demonstrates that when federal funds are provided but substandard care is delivered, this office is committed to seeking accountability.”

“Nursing homes are intended to be places of comfort and healing, but the provision of substandard care jeopardizes the residents’ health and safety,” stated Steven J. Ryan, Special Agent in Charge with HHS-OIG. “HHS-OIG and our law enforcement partners are staunchly dedicated to investigating allegations of inadequate care at Medicare- and Medicaid-certified nursing homes.”

Assistant U.S. Attorney Gioconda Molinari investigated the matter with the assistance of Paralegal Lillian Do and Auditor Garland He. The United States Attorney’s Office initiated the investigation with assistance from HHS-OIG as part of its ongoing commitment to ensure that nursing home residents receive the necessary skilled nursing home services that they are entitled to and require. The United States Attorney’s Office acknowledges and thanks HHS-OIG as well as the California Department of Justice’s Division of Medi-Cal Fraud and Elder Abuse for their assistance in investigating this matter.

Working in conjunction with the United States Department of Justice Elder Justice Initiative, the United States Attorney’s Office runs an Elder Justice Task Force to identify and investigate nursing homes that provide grossly substandard care, and to support the efforts of state and local prosecutors, law enforcement, and other elder justice professionals who combat elder abuse, neglect and financial exploitation. If you or a loved one is experiencing abuse at a nursing home, please contact the California Long Term Care Ombudsman Crisis line at 1-800-231-4024, or the National Elder Fraud Hotline at 1-833–FRAUD–11 (or 833–372–8311).

 

Contra Costa DA Report: Use of force justified in 2021 Pittsburg officer involved shooting of Patrick Watkins

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Video screenshot from Pittsburg Police Officer John Odell’s body camera at the 6:55 mark showing suspect Patrick Watkins with a gun in his right hand on Thursday night, May 20, 2021.

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

Martinez, Calif. – The Contra Costa District Attorney’s Office report concludes that officers who were involved in the shooting death of Patrick Watkins in Pittsburg were justified in their actions.

Since 1984, Contra Costa County has a protocol in place for law enforcement agencies to investigate Officer Involved Shootings. The District Attorney’s Office conducts its own independent investigation of such incidents and releases its findings in a Law Enforcement Involved Fatal Incident (LEIFI) report. The document summarizes the investigative report of the incident, contains a legal analysis, and concludes with a charging decision.

Contra Costa District Attorney Diana Becton said that she and her executive team review the evidence, officer and witness statements, and other facts related to the incident “to independently determine if there is any criminal liability in fatal incidents when law enforcement is involved.” If criminal liability does exist, the District Attorney – which represents The People of the State of California – has the burden of proving beyond a reasonable doubt that a death was not justified.

The incident involving Patrick Watkins took place on May 20, 2021, around 9:20 pm in the City of Pittsburg. Peace Officers from Pittsburg Police Department responded to a 911 call that Watkins was at the front door of his ex-girlfriend’s residence with a firearm and was refusing to leave the premises.

When officers arrived at the location, they saw a man who matched Watkins’s description at the ground floor level of the residential complex. After attempts by police to get Watkins to comply with orders, Watkins ignored the commands and proceeded to walk up a stairwell toward his ex-girlfriend’s home. Multiple officers followed him to the second story, ordering him to get on the ground. Watkins was facing away from the officers but then turned toward them with a semi-automatic firearm in his right hand. Watkins then pointed the weapon at one officer – who fired three shots at Watkins. After the officer’s service weapon malfunctioned, he dropped to a prone position. Another officer, who thought his fellow peace officer had been shot, fired twice at Watkins. Watkins died at the scene from multiple gunshot wounds. (See related articles here and here)

An autopsy by the Contra Costa County Coroner was conducted on May 24, 2021, by Forensic Pathologist, Dr. Ikechi Ogan. Dr. Ogan’s summary of the autopsy concluded that Watkins had two gunshot wounds, one on his left calf, and one on the left side of his chest that pierced his heart, liver, and fractured a rib. A toxicology report noted Watkins had the presence of Amphetamine, Methamphetamine, and Delta 9 THC – a chemical found in cannabis that produces an intoxicating effect when consumed.

In a legal analysis of the case, the District Attorney’s Office applied the applicable laws and the California District Attorney’s Uniform Crime Charging Standards to review the evidence of the incident. The concluding opinion determined the actions by the peace officers against Patrick Watkins was justified in the use of lethal force. Both officers acted with an actual and reasonable belief that deadly force was necessary in this incident to defend against an imminent threat of death or great bodily injury.

As such, the Contra Costa District Attorney’s Office will take no further action in this case.

The family members of Patrick Watkins and the Attorney General of the State of California have been notified of the Law Enforcement Involved Fatal Incident report – which can be viewed on the Contra Costa District Attorney’s website.