Contra Costa Herald

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

Contra Costa Sheriff’s Office investigates shooting death in area between Pleasant Hill and Lafayette

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By Jimmy Lee, Director of Public Affairs, Contra Costa County

At about 1:06 PM, Wednesday, March 23, 2022, Muir Station Deputy Sheriffs were dispatched to a report of a shooting in the unincorporated area of Taylor Blvd. and Gloria Terrace between Pleasant Hill and Lafayette.

Deputies arrived on scene to find bystanders providing lifesaving measures to a person on the ground near a vehicle. The victim, who appeared to have been shot, was pronounced deceased at the scene. He is not being identified at this time.

The investigation by Sheriff’s Office Homicide Detectives and the crime lab is ongoing. The suspect is outstanding at this time.

Anyone with information on this incident is asked to contact the Sheriff’s Office Investigation Division at (925) 313-2600 or through Sheriff’s Office dispatch at (925) 646-2441. For any tips, email: tips@so.cccounty.us or call (866) 846-3592 to leave an anonymous voice message.

Contra Costa Sheriff investigating officer-involved shooting death in Discovery Bay

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Weapon that was held by Robert Jones Tuesday night, March 22, 2022. Photo: CCC Sheriff

By Jimmy Lee, Director of Public Affairs, Contra Costa County Office of the Sheriff

Inage of Robert Jones pointing a weapon at law enforcement officers as he advanced toward them. Photo: CCC Sheriff

The Contra Costa County Office of the Sheriff, Contra Costa District Attorney’s Office, and the Oakley Police Department continue to investigate the Discovery Bay officer-involved shooting death per the county law enforcement involved fatal incident protocol.

Last night, March 22, 2022, at about 8:44 PM, deputy sheriffs were dispatched to a domestic disturbance at a residence on the 8000 block of Westport Circle in Discovery Bay. After speaking to the caller, a deputy attempted to talk to a man in the residence. As deputies tried to speak to him through a screen door, the man took out a knife and raised it over his head. Deputies commanded him to drop the knife. The man then brandished what appeared to be a rifle at the deputies, who retreated to safe distance away from the residence to set up a perimeter.

A short while later, as other deputies and Oakley police officers arrived at the scene, the man came out of the residence with the weapon raised and pointed as he walked toward the deputies and officers on the street. They attempted to de-escalate the situation by giving him numerous commands to put his weapon down. He refused to comply and advanced on the deputies and officers who discharged their firearms striking the man. They immediately requested an ambulance and the fire department to respond and began performing life-saving measures. The man was transported to a local hospital where he was later pronounced deceased.

The man is identified as 51-year-old Robert Jones. The weapon he was carrying and pointed at law enforcement officers was a Umarex AirJavelin Archery Rifle that propels arrows up to 300 feet per second.

The California Department of Justice was contacted and declined to participate in the investigation because the weapon Jones possessed is considered to be a deadly weapon.

Anyone with information on this incident is asked to contact the Sheriff’s Office Investigation Division at (925) 313-2600 or through Sheriff’s Office dis-patch at (925) 646-2441. For any tips, email: tips@so.cccounty.us or call (866) 846-3592 to leave an anonymous voice message.

Becton, 3 other DA’s ask for oversight, audit of Contra Costa Sheriff’s Dep’t after Livingston slams DA, judge for sentencing of former deputy

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Contra Costa District Attorney Becton and Sheriff David Livingston. Official county website photos.

Send letter to County Supervisors claiming, “Sheriff’s unwavering support for deputy who killed two people raises serious questions about his commitment to safety and accountability”

Instead of six years in prison for Andrew Hall “official Probation Department report recommended probation.”

“Contra Costa is not San Francisco or Los Angeles” – Sheriff Livingston

By Allen D. Payton

During campaign season, as both are facing re-election, an email was sent by Contra Costa County Sheriff David Livingston to his department staff on Friday, March 4, 2022, criticizing District Attorney Diana Becton and the judge for sentencing of former Deputy Andrew Hall to six years in prison for the shooting death of Laudemer Arboleda in 2018. (See related article)

In response, Becton and three other DA’s in the state who formed the Prosecutors Alliance of California are asking the County Supervisors “to increase external oversight of departmental misconduct” and for an audit of the sheriff’s department’s disciplinary practices. Formed in 2020, the Alliance is made up of four members, including the DA’s of San Francisco and L.A. Counties who are both currently facing possible recalls, and funded by Tides Advocacy, a social justice and welfare organization.

Sheriff Livingston’s email:

During his years of service, he served with honor and distinction.  He handled thousands of calls for service, as many of you have, and was well received by the citizens of our county.   After an extensive internal investigation, he was found to be within departmental policy when he was forced to use deadly force to protect himself and others on that fateful day.  I was proud to support him publicly and privately after the events of November 3, 2018, and I support him today.

For our district attorney to charge a deputy sheriff, or any peace officer, for a crime based on a split-second tactical decision is abhorrent.  It is even more abhorrent for that same district attorney to later repost photos on her reelection campaign social media that show her smiling and proclaiming that she “charged the officer.”

Despite these odd times, please remember I appreciate the work all of you do; I respect your sacrifice and commitment to the community we serve, and most importantly, I have your back.  I may not be able to impact the decisions of other elected officials, or the courts, but I definitely can impact what happens in our organization.  Do your job with honor, follow department policies, and obey the law.  If you do that, I will proudly stand with you – regardless of your job assignment, your rank, or your duties.  Never forget that and never doubt that.

I’m proud to be your Sheriff, and I thank you all.

David Livingston

Sheriff-Coroner”

Prosecutors Alliance Chides Livingston, Asks Supervisors for Oversight, Audit

On Monday, March 14, in a letter to the Contra Costa County Board of Supervisors, the Prosecutors Alliance of California asked for an audit of the disciplinary practices in Sheriff Livingston’s department and to increase external oversight of departmental misconduct. Recent remarks made by Sheriff David Livingston suggest he believes his deputies are above the law, raising serious concerns over the legitimacy of an Internal Affairs investigation into former Deputy Andrew Hall and how the Sheriff is disciplining officers who abuse their authority.

“Sheriff Livingston’s comments are abhorrent and indicate his belief that deputies who kill are above the law,” said Cristine Soto DeBerry, Founder and Executive Director of the Prosecutors Alliance of California. “Police have wide latitude to use force, but when they unnecessarily kill they must be held accountable just like anyone else in our community.  When we do not hold police accountable, people do not trust the legal system to protect them. That makes the job of policing more difficult and dangerous, and it makes it far less likely that crimes will be reported. That, in turn, poses a threat to everyone’s safety.

“District Attorney Diana Becton’s willingness to hold law enforcement accountable is the only check on an agency whose leader would otherwise grant his deputies unbridled power to kill with impunity. Sheriff Livingston took an oath to seek equal justice under the law and his remarks are an affront to that sworn commitment. These are not the words of a law enforcement leader, they’re the words of a man that believes accountability does not extend to police.”

Last week, a judge sentenced Deputy Andrew Hall to state prison after a jury convicted him for the 2018 shooting and killing of Laudemer Arboleda, an unarmed man having a mental health episode. This was not Hall’s only killing – he shot and killed Tyrell Wilson in 2021. Contra Costa County has paid $9.4 million to settle claims regarding former Sheriff’s deputy Andrew Hall. The County agreed to a $4.9 million settlement with Arboleda’s family last October in addition to a $4.5 million settlement with Tryell Wilson’s family.

In response to the verdict, Sheriff Livinston sent a department wide letter saying former Sheriff’s Deputy Andrew Hall served with “honor and distinction,” that Hall “was forced to use deadly force to protect himself that day,” and noted that an internal affairs investigation had cleared Hall. Livingston called DA Becton’s decision to charge former Deputy Hall “abhorrent,” and told his deputies, “I have your back.”

In an email to the Board of Supervisors today, Cristine DeBerry sounded the alarm, noting that, “the fact that [Internal Affairs] cleared former Deputy Hall is concerning.  If Department policy allows Sheriff’s Deputies to use force in contravention of the law, that would set up a situation wherein Deputies are being trained to use force in a manner that conflicts with criminal law. That presents serious issues for law enforcement officers, public safety, and county liability.  Alternatively, if the Sheriff is clearing deputies in cases where their use of force was criminal, that too raises serious questions about the Sheriff’s commitment to public safety and accountability.”

The Board of Supervisors can help restore trust by increasing oversight over the Sheriff’s Department, and by auditing the department’s disciplinary policies. These are critical steps to help the public understand the scope of law enforcement misconduct and to develop policies to increase accountability.

“DA Becton courageously charged Officer Hall with the death of Mr. Arboleda, a jury convicted him, and a judge sentenced him to prison,” said Cristine DeBerry. “Sheriff Livingston should accept the jury’s verdict and look at ways to reduce the use of unnecessary force by his deputies rather than question the prosecutor’s decision to bring charges and defiantly proclaim to ‘have the back’ of officers where a jury has determined the force to be criminal.”

A question was sent Thursday evening to the Alliance’s media contact asking if they had received any response, yet from the Board of Supervisors.

Livingston Responds to Alliance Letter

“The so-called ‘Prosecutors Alliance’ committee is made up of only four of the 58 DAs in the state,” Livingston responded. “Contra Costa is not San Francisco or Los Angeles where two of their far-leftwing founding members serve. Instead of playing politics here, they should do their job and prosecute offenders and start caring about crime victims for once.”

Both Livingston is facing one opponent in the June Primary Election, while Becton is facing two. If no candidate receives a majority of the vote, then the top two candidates will face off in the November General Election.

Please check back for any updates to this report.

 

West County: Pick-n-Pull auto dismantlers to pay $2.5 million for environmental violations

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Contra Costa, 13 other DA’s agree to settlement

“Pick-n-Pull promptly implemented improved training procedures and practices relating to their hazardous waste disposal.” – Contra Costa DA Diana Becton

By Bobbi Mauler, Executive Assistant to the District Attorney, Contra Costa County

Martinez, CA – Contra Costa County District Attorney Diana Becton announced today, Friday, March 11, 2022, that together with 13 other California district attorneys have agreed to a $2.5 million dollar settlement with Pick-n-Pull over the company’s illegal disposal of hazardous waste and stormwater pollution issues.

Pick-n-Pull operates 21 locations in Northern California, including in Richmond, and is a subsidiary of Schnitzer Steel, Inc. The company buys end-of-life vehicles, sells their parts, and recycles the remaining steel.

According to their website, “established in 1987, the Pick-n-Pull chain of self-service auto parts stores is one of the largest recyclers of end-of-life vehicles in the industry. You bring your tools, pull the parts you need and SAVE lots of money! Pick-n-Pull opened their first store in Stockton, CA in 1984 and has since grown to 46 U.S. and 4 Canadian locations.

Contra Costa County joined forces with Santa Clara, San Joaquin, Sacramento, Alameda, and Solano counties to do a series of unannounced waste inspections. The investigation revealed that Pick-n-Pull facilities routinely and illegally disposed of automobile fluids, aerosols, batteries, and electronic devices.

“It is a priority to protect our environment and especially our water ways from harmful pollutants,” said DA Becton. “When contacted by prosecutors, Pick-n-Pull promptly implemented improved training procedures and practices relating to their hazardous waste disposal.”

The judgment provides for $1,850,000 in civil penalties, $350,000 in costs of enforcement, injunctive provisions requiring the implementation of compliance assurance measures as well as $350,000 to environmental projects, which includes the Contra Costa County Fish and Wildlife Propagation Fund.

Contra Costa, 15 other DA’s reach $800K settlement with online auto auction company Copart Inc. for environmental violations

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By Bobbi Mauler, Executive Assistant to the District Attorney, Contra Costa County

Contra Costa County District Attorney Diana Becton announced Monday, Feb. 28 that the Contra Costa DA’s Office, together with 16 other California District Attorneys and City Attorneys, have reached a settlement with Copart for injunctive relief, civil penalties, and enforcement costs totaling $800,000.  According to their website Copart, founded in Vallejo in 1982 and now headquartered in Dallas, “is a global leader in 100% online car auctions featuring used, wholesale and repairable vehicles.”

After an investigation into the waste management practices of Copart, the Contra Costa County District Attorney’s Office, along with 16 other California district attorney and city attorney offices filed a civil complaint alleging Copart disposed of hazardous waste items into the trash. The items disposed of consisted of used office supplies, and items removed from vehicles being prepared for sale such as personal items, small electronics, personal care, automotive, and other consumer products.  These practices ultimately lead to hazardous waste being improperly transported to and disposed of in municipal landfills instead of authorized hazardous waste disposal facilities.

“Corporations must be held accountable for conduct that poses a harm to the environment,” said DA Becton. “Copart was cooperative with the investigation and enhanced their existing training programs designed to properly manage and dispose of all items that are regulated as hazardous waste.”

The judgment agreed to by the parties provides for $650,000 in civil penalties, $150,000 in costs of enforcement and a permanent injunction prohibiting Copart from violating hazardous waste laws and requiring Copart to implement compliance assurance measures. 

 

Former Contra Costa Deputy Sheriff sentenced to six years in prison for 2018 shooting death of suspect

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Danville Police Officer Andrew Hall shoots Laudemer Arboleda on November 3, 2018. Screenshot of critical incident video.

While serving as a Danville Police Officer, following police pursuit in downtown Danville

By Allen D. Payton

On Friday, March 4, 2022, the Contra Costa District Attorney’s Office announced former Contra Costa Deputy Sheriff Andrew Hall was sentenced to six years in state prison for assault with a firearm and inflicting great bodily injury upon Laudemer Aboleda in downtown Danville on November 3, 2018. The incident occurred following a police pursuit of Aboleda. Hall was charged by Contra Costa District Attorney Diana Becton in April 2021. (See related articles here and here)

Hall was convicted last October and could have faced up to 22 years in prison, but the jury did not convict him of the more serious charge of felony voluntary manslaughter. (See related article)

While serving as a Danville Police Officer, according to the DA, “as found by the jury, Hall, unreasonably shot Laudemer Aboleda. This sentence is reflective of the gravity of the crime Deputy Hall committed. Deputy’s Hall’s actions were dangerous, unreasonable, and excessive. In sentencing the defendant to prison, the Court recognized the need for accountability in Deputy Hall’s decision to fire multiple times at Laudemer Aboleda, taking his life.” (See related article and incident video)

“No sentence imposed will bring Laudemer Aboleda back to his family,” the DA’s announcement continues. “The sentence imposed today is proportionate to the egregious shooting committed by a law enforcement officer who took the life of one man, and in doing so endangered the lives of his fellow officers and civilians. We respect the ruling of the judge and extend our condolences to the family of Laudemer Arboleda.”

When reached for comment, Sheriff’s Office Director of Public Affairs Jimmy Lee offered the following statement:

“The Contra Costa County Office of the Sheriff is aware that Andrew Hall was sentenced today and later remanded into custody. Hall will be booked and transported to Solano County jail; details on where he will serve any remaining time of his sentence will be disclosed when available. Due to state law requirements about felony convictions, the Sheriff’s Office had no choice but to serve Hall with a notice for termination. That was done immediately after sentencing.”

Brentwood Police Officers’ Association responds to media on lawsuit for 2020 K9 mauling of robbery suspect

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Brentwood Police Officer body camera video shows injuries robbery suspect Talmika Bates sustained to her head from the police dog attack on Feb. 10, 2020. Screenshot of video posted by KTVU.

Claim news reports “demonize the police and fan the flames of racial discord”

City states “use of force committee…found the use of force to be within policy and law under the circumstances”

By Allen D. Payton

The Brentwood Police Officers’ Association issued the following press release on February 24, 2022, in response to media reports of recently released police body cam footage of a Feb. 10, 2020, incident with a robbery suspect involving a police dog attacking her, and the lawsuit she filed. (See unedited police body cam video. Warning: graphic images)

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Local Bay Area media outlets KRON and KTVU began reporting on a civil lawsuit filed against one of our members, Officer Ryan Rezentes. National media outlets have also begun reporting on the story. As has become commonplace in recent years, those media outlets abdicated their responsibility to inform the public on the facts of an incident, and instead have chosen to demonize the police and fan the flames of racial discord. Contrary to what was reported by the media, this was not just “a shoplifting incident” and the use of a police K9 had nothing to do with the race of the suspects.

The lawsuit stems from a crime which was committed on February 10, 2020. The plaintiff, Talmika Bates, who was 24 years old at the time, along with two of her associates reportedly stole over $10,000 worth of merchandise from a store and then fled in a vehicle. As another Brentwood PD officer was responding to the reported crime, he observed the suspect vehicle at a nearby major intersection and it appeared the vehicle was attempting to cross the busy intersection against the red light. That officer positioned his police car in front of the suspect vehicle so that he could protect the other motorists and prevent any further flight. Instead of stopping, the suspect vehicle rammed the front end of the police car in order to escape, and then fled at high speeds. The suspects’ actions not only endangered the police officer who was rammed, but also endangered numerous other citizens on the roadway.

Bates and her associates continued fleeing in their vehicle until they collided with a curb and disabled their vehicle, at which time all of the suspects, including Bates, fled the vehicle on foot. Numerous officers, including Officer Rezentes with K9 Marco, along with a police helicopter, responded to the scene to assist with a search for the suspects. One of the areas being searched was a field with large swaths of nearly impenetrable shrubbery and trees. These types of areas are especially dangerous for police officers to search, due to the fact that potentially armed suspects can easily conceal themselves inside the overgrown vegetation, and officers may not see the suspect until they are right upon them. This is one of numerous scenarios where utilizing a police dog helps keep our officers safe.

After nearly an hour of searching, during which time even the helicopter was unable to find the suspects, Officer Rezentes ordered K9 Marco to search the large patch of overgrown vegetation and the dog located Bates inside. Police dogs are trained to bite the first part of the suspect’s body they come in contact with, which in Bates’ case was the top of her head. When it became apparent that K9 Marco had located one of the suspects concealed in the vegetation, Officer Rezentes and the other officers ordered Bates to come out. This is standard safe practice, because the officers were still unable to see Bates and they could not determine if she was armed. Once Bates was taken into custody, she was immediately provided with medical aid for her injuries.

The Brentwood Police Officers’ Association believes it is important that the public have this context regarding Officer Rezentes’ actions and the use of K9 Marco. All of the details we have provided here, and many more, were available within public records. It appears these media outlets chose to not seek out this information, and they attempt to defend their actions by stating they sought comment from the City of Brentwood and the Brentwood Police Department, knowing full well that neither of those entities are going to provide comment on an incident that has pending litigation. The media is well-versed in making public records requests, and know they could have obtained the court records from Bates’ criminal case. Since these specific media outlets did not do so, we can only conclude that is because they had no desire to provide the context which we have provided here, and that they would rather attempt to sow division between the police and the community.

The Brentwood Police Officers’ Association will not make any further comment regarding the specifics of this incident. We are grateful for the support of our community as our officers do their best to protect everyone’s safety.

Brentwood PD Press Release of Incident

On February 10, 2020 at 11:45 AM, officers were dispatched to Ulta Beauty Supply (in the Streets of Brentwood Shopping Center) to investigate a theft. Keilaysha Usher (24-year-old female, Oakland) Talmika Bates (24-year-old female, Hayward) and Ramiah Armstrong (22-year-old female, Richmond) left the store with about $10,000 worth of merchandise and fled in a Nissan Murano toward Lone Tree Way.

A responding Brentwood Police Officer located the vehicle at the intersection of Shady Willow Lane and Lone Tree Way and attempted a traffic enforcement stop. The driver of the Nissan collided with the patrol car and fled. The vehicle was located in a field at the north end of Slatten Ranch Road where the occupants fled on foot into a nearby neighborhood. A perimeter was set up by Brentwood, Antioch and Oakley Police units until all three females were located and taken into custody.

An additional subject, Adrian Benton Jr. (21-year-old male, Richmond) appeared in the area to pick up the females and help them flee the area. He was also taken into custody without incident.

All four subjects are being booked into Martinez Detention Facility.

This case is currently under investigation. Anyone with additional information is encouraged to call Brentwood PD dispatch at 925-809-7911.

Questions for Brentwood PD

The following questions were sent to the Brentwood PD on Tuesday morning, March 1.

“Are police dogs trained to attack and bite any parts of a suspect’s body including their head, face and torso, or just their arms and legs to get them to stop running and/or resisting arrest?

At what point is a K9 Officer supposed to call off and restrain the dog from further attack of a suspect, if they’re no longer running and seated, as Ms. Bates is seen in the video, as the dog continued to attack her?

Why didn’t the officer taze Ms. Bates to get her to comply and emerge from the bushes, and restrain the dog once she was no longer running and seated?”

Brentwood Statement in Response to Media Requests Regarding Bates Lawsuit

In response, the following statement was provided by Assistant City Manager Darin Gale.

“Due to ongoing civil litigation the City of Brentwood including the Brentwood Police Department will not comment on the specific details and personnel matters requested by the media concerning this incident.

We can share that this incident was reviewed by the Brentwood Police Department use of force committee which found the use of force to be within policy and law under the circumstances which involved a high-speed chase and a collision with a Brentwood police vehicle.”

A Public Records Act request has been made for “any and all documents, video, etc. regarding the police incident on Feb. 10, 2020, including K9 unit with suspect Talmika Bates and the other suspects mentioned in the press release, including the response to her lawsuit.”

Please check back later for their responses and any other updates.

 

 

 

During traffic stop four from Stockton arrested in Brentwood for drugs, burglary tools

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Items confiscated during the arrest of four suspects from Stockton in Feb. Photos: Brentwood PD

By Brentwood Police Department

Meth confiscated during the arrest.

During the week of Feb. 6, 2022, while on patrol, an officer observed a vehicle driving without a rear window and expired registration. He conducted a traffic stop on the vehicle on Sand Creek Road near Highway 4, and found that the driver, Jose Garcia (Stockton) did not have a driver license. Three additional passengers in the car were without proper identification.

Garcia and two of the other passengers identified as; Alicia Saldana (Stockton) and Jasmine Fuentes (Stockton) were all found to be on active probation. The fourth occupant, Jesus Quintero-Zavala (Stockton) lied to police about his identity and was under the influence of drugs.

A search of the vehicle revealed a stun gun, burglary tools, several grams of methamphetamine and stolen property from a business in another city.

Garcia, Saldana, Fuentes, and Quintero-Zavala, were placed under arrest for several charges and transported to the Martinez Detention Facility. Garcia’s vehicle was also towed from the scene.

Driver arrested with ghost gun parts during multi-agency task force effort Thursday night

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Ghost gun parts ammo and other items confiscated by police Thursday, Feb. 17, 2022. Photos: SPPD

Walnut Creek PD assisted by San Pablo, Oakley and Antioch PD’s

Axe, knife and more confiscated items.

By San Pablo Police Department

Thursday night, Feb. 17, 2022, SPPD assisted Walnut Creek PD in a vehicle task force assignment formed to suppress crime in participating agencies in the Contra Costa County. Officer Howes and Officer Agredano performed a proactive traffic stop on a suspicious car and through the course of their investigation they found a loaded firearm inside of the car along other gun parts to make more unserialized firearms aka Ghost guns.

The driver was arrested and taken to jail. SPPD would like to give a shout out to Oakley Police Departments and Antioch PD for their assistance.

Pittsburg PD also joins statewide operation to combat human trafficking

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LA Sheriff Aex Villanueva commends Pittsburg Police Detectives during a press conference about the operation on Tuesday, Feb. 15, 2022. Video screenshot

L.A. County Sheriff commends Pittsburg Detectives for their efforts during 7th Annual Operation Reclaim and Rebuild

By Pittsburg Police Department

During the second week of February, in conjunction with Human Trafficking Awareness Month, Pittsburg Police Department personnel took part in a statewide human trafficking operation. The 7th Annual Operation Reclaim and Rebuild is an annual multi-agency initiative that focuses on rescuing victims of human trafficking, providing victims with much-needed services, and identifying and arresting their captors. Police agencies and other trafficking task forces throughout the state, including Brentwood PD joined in the operation to continue a no tolerance focus on human trafficking and sex crimes. (See related article)

This year, the Pittsburg Police Department joined with the Contra Costa County Human Trafficking Task Force and over 100 other agencies throughout California to combat Human and Sex Trafficking. This statewide Task Force is an example of how individual law enforcement agencies can work together to be more effective when they join together.

As the operation took place throughout the state, Pittsburg Police Detectives were hard at work in our community, making several arrests related to human trafficking and other crimes. In addition, several other suspects in human trafficking cases were identified, and many victims were contacted and connected with resources. These arrests are part of the over 494 arrests and 82 rescues made throughout the statewide operation. During a recent media conference by Los Angeles County Sheriff’s Office, the great work by Pittsburg Detectives was highlighted.

We were proud to do our part in making Operation Reclaim and Rebuild a big success in Contra Costa County, and a special thank you to our law enforcement partners, the Contra Costa County District Attorney’s Office, and Community Violence Solutions for working with us.