Contra Costa Herald

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

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

By 2 Comments

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

By Leave a Comment

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

By 1 Comment

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

By Leave a Comment

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.

Missing Oakley woman Alexis Gabe’s remains found in Amador County

By Leave a Comment

Alexis Gabe from her missing poster.

Last seen in Antioch on January 26, 2022.

According to the Oakley Police Department and the Amador County Sheriff’s Office, on November 3, 2022, at approximately 3:00 p.m., the Amador County Sheriff’s Office received an anonymous tip from a local resident of the Plymouth, California area who had discovered something suspicious that was thought to be human remains. Amador County Sheriff’s Office detectives and crime scene investigators responded to the scene and initiated a search of the area where they ultimately located the remains described in the tip. The remains were determined as those of missing Oakley woman Alexis Gabe.  She went missing on January 26, 2022, was last seen in Antioch and is suspected of being murdered by her late ex-boyfriend, Marshall Curtis Jones of Antioch. He was later shot and killed by police in Washington state. (See related articles here and here)

Plymouth is located in the west end of Amador County. The tip was made through the Amador County Secret Witness Program. Amador County Sheriff’s detectives and crime scene investigators documented the evidence found and collected the remains.

Due to the time of day and diminishing daylight, it was determined it would be best to keep watch over the area and initiate a more thorough investigation this morning. Members of the Oakley Police Department and the Antioch Police Department responded to the Plymouth area early Friday morning to assist with the investigation with the assistance of cadaver dogs. More evidence was identified and collected from the scene.

The specific location is an area just off of Jackson Road in Plymouth. The area where Alexis’ remains were found has been searched further and no other remains have been located.

The collaborative investigation did confirm the partial remains were human. A forensic odontologist responded to the Amador County Sheriff’s Office facility to examine the remains. The forensic odontologist positively identified the remains as those of Alexis Gabe. All evidence collected by the Amador County Sheriff’s Office was turned over to Oakley Police Department detectives and Coroner jurisdiction has been turned over to the Contra Costa County Coroner’s Office to determine manner and cause of death.

The Gabe family has been notified and they are requesting respect and privacy during this time of mourning.

According to the Oakley Police Department, the Gabe family has been notified and they are requesting respect and privacy during this time of mourning.

Jackson Road is an area we identified early on as an area where Jones travelled to in the hours and days after Alexis was reported as missing.

Due to the nature of the condition of Alexis’ remains, and the lack of her full body, we believe the remainder of her remains are scattered in various areas.

Due to the condition of Alexis’ remains we realize there may never be a full recovery of her. The City of Oakley has determined there will be no extensions of reward funds for any future remains that may be found.

A press conference will be scheduled for early next week and we will provide details for the date and time as soon as possible. Any questions regarding this case should be directed to the Antioch and Oakley Police Departments.  The Amador County Sheriff’s Office would like to extend their condolences to the Gabe family in this difficult time.

Allen D. Payton contributed to this report.

Man convicted of throwing objects at vehicles receives 22-year prison sentence

By 3 Comments

Killed Antioch grandmother, blinded Concord nurse

By CHP-Contra Costa

On Friday October 21, 2022, Mark Navone was sentenced in Contra Costa County Superior Court to a 22-year prison sentence after being found guilty of numerous charges relating to throwing objects at vehicles.

Navone, 38-years-old was arrested after a California Highway Patrol (CHP) investigation identified him as the suspect in multiple incidents of vehicles being struck by thrown objects, such as rocks and bricks, on Hwy 4, near Hwy 242. Navone’s malicious actions resulted in the death of a 63-year-old grandmother from Antioch as well as the blinding of a 37-year-old delivery nurse from Concord. Navone was arrested on April 2, 2021, by Contra Costa Area CHP officers on a wide range of felony charges.

We would like to thank Contra Costa Area CHP investigators, CHP Golden Gate Division Investigative Services Unit Detectives, the Concord Police Department, the Antioch Police Department, and the Contra Costa County District Attorney’s Office for their incredible work in building this case. We would also like to thank the public for the valuable information they provided that enabled us to put this case together and ultimately hold Navone responsible for his actions.

The mission of the CHP is to provide the highest level of Safety, Service, and Security.

 

Sutter Health agrees to pay $13 Million to settle False Claims Act allegations of improper billing for lab tests

By Leave a Comment

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

SAN FRANCISCO – Sutter Health, a Sacramento-based health care services provider, and its affiliate Sutter Bay Hospitals, the successor to Sutter East Bay Hospitals dba Alta Bates Summit Medical Center (collectively Sutter Health), agreed to pay more than $13 million to settle allegations that it violated the federal False Claims Act by billing the United States for toxicology screening tests performed by outside labs, announced United States Attorney Stephanie M. Hinds; Federal Bureau of Investigation San Francisco Special Agent in Charge Robert K. Tripp; Office of Personnel Management Office of Inspector General (OPM OIG) Special Agent in Charge Amy K. Parker; Department of Health and Human Services Office of Inspector General (HHS-OIG) Special Agent in Charge Steven J. Ryan; Department of Defense Office of Inspector General, Defense Criminal Investigative Service (DCIS) Western Field Office Special Agent in Charge Bryan D. Denny; and the Defense Health Agency (DHA). Sutter Health DOJ Settlement Agrmt 10.17.2022

“Sutter Health agreed to pay $13 million to settle allegations that it billed government health programs for lab tests performed by others,” said U.S. Attorney Stephanie M. Hinds. “Government health care programs must be protected, and this office will investigate and pursue health care providers that fail to provide the services paid for by public health care programs.”

“Investigating health care fraud and abuse is a priority for the FBI,” said FBI San Francisco Special Agent in Charge Robert K. Tripp. “These cases are often worked in conjunction with our federal law enforcement partners, and this settlement is a great example of the multi-agency investigative team’s hard work to protect the integrity of the Federal Employees Health Benefits Program.”

“The OPM OIG is committed to protecting the Federal Employees Health Benefits Program from fraudulent claims,” said OPM OIG Special Agent in Charge Amy K. Parker. “I applaud the dedicated team for their effort in securing today’s settlement.”

“When medical providers charge federal health care programs for services that other providers actually performed, the integrity of these programs is undermined,” said HHS-OIG Special Agent in Charge Steven J. Ryan. “Working with our law enforcement partners, we will continue to uproot and investigate such schemes.”

“Today’s announced outcome concludes a collaborative effort to hold Sutter Health accountable for its improper billing practices that harmed our health care system, including the Department of Defense’s TRICARE program,” said DCIS Western Field Office Special Agent in Charge Bryan D. Denny. “DCIS will continue to work closely with our law enforcement partners to protect the integrity of the health care system.”

“We commend the Department of Justice, the U.S. Attorney’s office, and the other state and federal agencies for their commitment to justice,” stated the Defense Health Agency. “Their efforts protect taxpayer dollars to ensure our service members, veterans and their families continue to receive the highest level of medical care.”

The United States contends in the civil settlement agreement signed by Sutter Health that under the terms of a contract which the Sutter Health hospital Alta Bates Summit Medical Center entered into with Navigant Network Alliance, LLC, Navigant referred urine toxicology specimens obtained from physicians and laboratories across the country to Sutter. Sutter submitted bills, or caused bills to be submitted, for reimbursement of the qualitative and quantitative testing it performed on the specimens. The United States asserts that Sutter did not perform the quantitative testing on thousands of specimens referred under the agreement and that these quantitative tests were instead performed by third-party labs. The United States alleges that Sutter nevertheless sought reimbursement for the tests. In the settlement agreement, the United States contends that between August 1, 2016, and June 30, 2017, Sutter billed for urine toxicology tests it did not perform and was paid for the testing by the Federal Employees Health Benefits Program, Medicare, Medicaid, and Tricare.

Sutter agrees in the settlement agreement to pay $13,091,452 to settle the false claims allegations. Of that amount, Sutter has already paid more than $6.5 million to the United States. Sutter agrees to pay the remaining amount of approximately $6.5 million to the United States within 30 days. The settlement agreement resolves the civil law claims that the United States might have brought based upon these allegations.

This matter is being handled by Assistant United States Attorney David DeVito, with assistance from Garland He, Jonathan Birch, Lillian Do, and Alan Lopez. The matter is the result of a coordinated investigation between the U.S. Attorney’s Office for the Northern District of California and the FBI, OPM OIG, HHS-OIG, DCIS, and the DHA.

The investigation and resolution of this matter illustrate the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).

The civil settlement agreement is neither an admission of liability by Sutter Health nor a concession by the United States that its claims are not well founded.

 

CEO of company that sold election poll worker software to L.A., Contra Costa counties arrested on personal-data theft charges

By 2 Comments

Stored data on severs in the People’s Republic of China, Los Angeles DA says

Contra Costa data “was not involved in the alleged incident” – Debi Cooper, County Clerk-Recorder-Registrar

Dominion voting equipment used by county does have removable media ports; test run on Friday

By Allen D. Payton

Los Angeles County District Attorney George Gascón announced on Tuesday, Oct. 4 that the CEO of Michigan-based Konnech Corporation which is responsible for the software used in managing Los Angeles County election poll workers, has been arrested as part of an investigation into the possible theft of personal identifying information of those workers. The Contra Costa County Elections Division also uses the same software. However, it’s been confirmed that Contra Costa’s data was not involved in the alleged incident.

Konnech distributes and sells its proprietary PollChief software, which is an election worker management system that was utilized by the county in the last California election. The software assists with poll worker assignments, communications and payroll. PollChief requires that workers submit personal identifying information, which is retained by the Konnech.

“I want to thank my prosecutors and investigators for their commitment to eliminating cyber intrusions against government entities and local businesses,” Gascón said. “Data breaches are an ongoing threat to our digital way of life. When we entrust a company to hold our confidential data, they must be willing and able to protect our personal identifying information from theft. Otherwise, we are all victims.”

The investigation was concerned solely with the personal identifying information of election workers. In this case, the alleged conduct had no impact on the tabulation of votes and did not alter election results. But security in all aspects of any election is essential so that we all have full faith in the integrity of the election process.”

Earlier that day, Konnech Corporation Chief Executive Officer Eugene Yu was taken into custody on suspicion of theft of personal identifying information by investigators from the District Attorney’s Office Bureau of Investigation with assistance from the Meridian Township Police Department in Michigan. In addition, hard drives and other digital evidence were seized by LADA investigators.

The L.A. County District Attorney’s Office is seeking Yu’s extradition to Los Angeles.

Under its $2.9 million, five-year contract with L.A. County, Konnech was supposed to securely maintain the data and that only United States citizens and permanent residents have access to it. District Attorney investigators found that in contradiction to the contract, information was stored on servers in the People’s Republic of China.

The East Lansing Police Department and Ingham County Sheriff’s Office in Michigan also assisted in the investigation.

“Konnech was required to keep the data in the United States and only provide access to citizens and permanent residents but instead stored it on servers in the People’s Republic of China,” the L.A.D.A.’s office said.

As a result of Yu’s arrest, Prince William County, Virginia stopped using the PollChief software, this week, according to a Potomac Local News report.

Contra Costa Clerk Says County’s Data Not Included

Several questions were emailed to Contra Costa County Clerk-Recorder-Registrar Debi Cooper, including “does your department use any Konnech software, including its proprietary PollChief, for the Elections Division? If so, do you know if any the personal data of any poll workers, any voters or anyone else in our county was part of the alleged theft and also stored on servers in China? If so, what if anything has the Elections Division done or are they doing about it?”

Cooper responded, “Contra Costa uses PollChief for our poll worker management and communication and asset management (supplies inventory). Our software and data are stored in a secure private cloud located in Lansing, Michigan. This system is used to schedule training and communicate with our volunteers and to track polling place supplies.  It is critical to note that this system is not connected to our voter registration/ elections management system nor to our stand-alone vote tabulation system, which is not connected to any other network or the internet.”

“Our poll workers’ personal info, such as SSN or vaccination information, is managed by the Contra Costa County HR database, which is not connected to PollChief in any way,” she continued. “We have confirmed that our data was not involved in the alleged incident.  Per our contract, our data and the system have remained in the secure cloud in Lansing, Michigan.”

“In addition, Contra Costa’s PollChief system does not require any personal identifiable information to apply as an Election Volunteer, therefore no volunteer personal identifiable information is captured or stored on Contra Costa’s PollChief site,” Cooper shared. “We continue to be in regular contact with the vendor as they work through this issue.  We have reviewed our contract terms and confirmed with the company that the terms continue to be met and our data remains fully secure and without breach.”

Contra Costa’s Dominion Voting Equipment Removable Media Ports Under Lock and Key

As previously reported the county has been using the controversial Dominion voting equipment since 2018.

Regarding election security in Contra Costa County, Cooper was asked, “does the Dominion voting equipment used by the Elections Division have ports in which a mobile hard drive can be inserted and/or removed? If so, who in the office handles that and why would it be done?”She responded, “Any open ports on our equipment at in-person voting locations (ICX accessible voting equipment, ballot printers, etc.) have locking covers or port blockers installed, which we retain the keys to.”

10/17/22 UPDATE: Friday Test Results in 100% Accuracy

On Friday, Oct. 14th, the Elections Division performed the county’s official logic and accuracy testing on central ballot counting and processing equipment. Logic and accuracy testing is a standard pre-election procedure. The test is designed to confirm that all central count equipment is in working order and functioning properly. A set of test ballots was run through each scanner to ensure they are properly programmed and operating as expected.

Questions were sent to the Elections Division staff asking about the results of the test.

Helen Nolan of the County Elections Office responded, “Our logic and accuracy testing on Friday went very well. We scanned 22,000 ballot cards, which were a mix of pre-printed test ballots, hand marked test cards, ICX (Ballot Marking Device) ballots, RAVBM ballots, and MBP printed ballot cards. Our test decks were comprised of 167 different patterns for each ballot type (unique combination of contests, candidates, and rotations). These test ballots come to us with an expected set of results.

700 ballot cards were adjudicated in order to test each ‘out-stack’ condition (blank card, overvoted contest, indeterminate marks, and write-in positions) to ensure the scanners were accurately identifying those ballots with those pre-indicated conditions.

Our end results matched 100%, meaning after all test ballots were scanned and adjudicated, we found our test results matched the predetermined expected results with 100% accuracy.”

Antioch Mayor Thorpe no show for DUI trial, attorney says he wants to change plea

By 2 Comments

Antioch Mayor Lamar Thorpe is facing DUI charges from an arrest in the early morning of March 19, 2022.

New hearing set for Dec. 13

By Allen D. Payton

According to an Antioch resident who was at the courthouse in Martinez, Wednesday, Oct. 12, 2022, Mayor Lamar Thorpe did not show up for his DUI trial before Judge Joni T. Hiramoto, and that his lawyer stated Thorpe wants to change his plea from not guilty. The resident also shared that a new hearing for Thorpe is set for Dec. 13, 2022, in Dept 20. at 8:30 am. The information was later confirmed by Contra Costa District Attorney’s Office Public Information Officer, Ted Asregadoo.

Thorpe was arrested in March for DUI at 1:15 a.m. in Concord. In a Facebook video later that morning he apologized for having “the drink with dinner”. He wouldn’t say with whom or where he had dinner nor what alcohol he had consumed that night. Thorpe was charged by the DA and later pled not guilty. (See related articles here, here, here and here)

However, reports from the staff of an Antioch restaurant are that Thorpe had consumed three shots of alcohol earlier that evening before heading out of town.

An email was sent to Asregadoo Wednesday morning asking, if he could confirm the information provided by the resident was true and if not, to please provide the correct information. In addition, he was asked who from the DA’s office is prosecuting the case.

“You are correct,” he replied. “The next court date is on 12/13/22 at 8:30 am in Department 20.  They set the date today for a change of plea. I don’t know which DDA has been assigned to this case, but the supervisor of the misdemeanor trail team is Jay Melaas.”

Attempts to reach Thorpe were unsuccessful asking if what the resident shared is true and if not to please provide the correct information. He was also asked, “Why weren’t you there? Were you still in Seattle for the APTA conference or traveling home at the time? What will you be changing your plea to? No contest or guilty? Will you attend the new hearing on Dec. 13?”

Thorpe might have been traveling home from the conference, today and unable to respond to questions. An effort to reach staff of Tri Delta Transit asking who from the agency attended the conference and if Thorpe, who is the agency’s board vice chair, was among them were unsuccessful prior to publication time. District 4 Councilwoman Monica Wilson who is also a board member for the agency representing Antioch did not attend the conference, as was previously expected.

Please check back later for any updates to this report.

Danville middle school teacher charged with lewd acts on minors

By 2 Comments

Also, worked as cheerleader instructor in San Ramon; faces additional charge of distributing or showing porn to minor

By Ted Asregadoo, PIO, Contra Costa District Attorney

The Contra Costa County District Attorney’s Office has filed felony charges against a Middle School teacher in Danville for committing lewd acts on minors.

A three-count felony complaint was filed with the Superior Court of California, Contra Costa County on September 16th against 41-year-old Nicholas Brandon Moseby of Concord. Moseby is being charged with two counts of committing a lewd act upon child. One minor is 15 years old, and the offense occurred on August 31, 2022. The other minor is 14 years old and was also a victim of a lewd act and unwanted pornographic images on September 4, 2022. For that offense, Moseby faces one count of distributing or showing pornography to a minor.

Moseby was arrested on September 14th, and at the time he was a biology teacher at Diablo Vista Middle School in Danville — and also worked as a cheerleader instructor at Nor Cal Elites in San Ramon. Moseby’s arraignment is scheduled on September 19th at 1:35 pm in Martinez. He’s currently in custody in the Martinez Detention Facility and bail is set at $200,000.

The Contra Costa County Internet Crimes Against Children Task Force investigated this incident. There may be other victims, and anyone who has information, please call Darryl Holcombe, Senior Inspector with the Contra Costa County District Attorney’s Office, at 925-957-2200.

Case Number: 01-22-01583 | The People of the State of California v. Nicholas Brandon Moseby