Contra Costa Herald

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

Candidate for Contra Costa DA, Mary Knox offers three-point plan to prevent smash-and-grab retail theft

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Sources: (Left) Herald file photo and (Right) Mary Knox for DA campaign.

The current DA has been slow to respond to flash mob robberies, and once she responds, she’s ineffective. Given my 36 years of experience as a Contra Costa Deputy District Attorney, I know the District Attorney can do more. We need to implement these three steps immediately:

  1. Convene a Bay Area-wide law enforcement response to track and apprehend suspects 

Contra Costa law enforcement agencies are partnered to provide mutual aid during emergency situations.  This “mutual aid” concept should be employed throughout the Bay Area to strategically shut down access routes for potential retail targets to intervene and prevent crime before it happens.

The investigative and technological expertise of this team will:

  • Identify the criminal syndicates who organize the smash-and-grab robberies
  • Intercept the “chatter” on social media planning these events
  • Share information between law enforcement agencies to quickly locate and arrest perpetrators

The ideal team to coordinate this activity is the DA/FBI Safe Streets Task Force, comprised of local, state, and federal task force agents who are partnered with prosecutors assigned to the Community Violence Reduction Unit (a unit that I created in the Contra Costa District Attorney’s Office).

Given the violence involved and the value of the merchandise being stolen, the Task Force will collaborate with the U.S. Attorney’s Office to charge qualifying cases under the Hobbs Act and prosecute them in federal court.

The criminal syndicates committing the smash-and-grab robberies, as well as strings of residential burglaries in Contra Costa, are mobile and active in surrounding counties.  During the past four years, regional law enforcement agencies have done an impressive job of sharing information to identify the true scope of the criminality of these crews and to provide investigative support.  The information supplied by this well-coordinated network provided me with the evidence required to file multiple counts following very significant organized retail theft and residential robberies.  I worked with the Walnut Creek and Pleasant Hill Police Departments through the investigative challenges of the looting in 2020 and filed charges on a number of suspects.  As District Attorney, I will continue to support this allied inter-county effort.

  1. Prevent the use of our freeways as crime corridors, deploy cameras 

Organized shoplifting gangs have been using the regional freeway system to quickly move between targets in neighboring law enforcement jurisdictions.  By the time an investigation starts at the first crime, the gang has moved on to loot another store in the next county.

Contra Costa’s Freeway Security Network has the technological capability to combat organized retail theft.  The Allied Freeway Agencies have received additional funding for the Network and direction to develop a plan to augment and expand the Network county-wide in order to provide technological leads in preventing and investigating criminal syndicates involved in the violent organized retail theft.

I am proud to have originated the creation of this freeway camera system to combat freeway shootings.  Since the network was installed, freeway shootings have been reduced by 90% in Contra Costa while remaining all too frequent in neighboring counties. I continue to work with law enforcement and elected leaders to propose that additional funding that Governor Newsom included in the state budget be used to incorporate additional technology to target organized retail theft into the Freeway Security Network.

  1. Disrupt the use of social media as a key enabler of looting 

Organized retail theft would not exist without social media, which is the key element to planning and profiting from these crimes.

Looting is coordinated through social media 

Social media platforms provide the means of communication which allows criminals to conspire to commit take-over robberies. These platforms are directly aiding and abetting the commission of large-scale crimes, which may result in criminal liability for the social media platforms.  I will call on the social media platforms, as well as private communication platforms, to monitor and immediately report to law enforcement any communications planning a smash-and-grab robbery or the “fencing” of stolen property.

We must make it clear to technology companies that failure to monitor and report the coordination of criminal enterprise should not be a protected business activity and should instead be considered as aiding and abetting that crime.

Stolen goods are sold via online marketplaces 

If a market for the merchandise that is being stolen did not exist, the criminal syndicates would have no motive to steal.  While I am out talking with community members, most are surprised to learn that the merchandise that is stolen from CVS, Walgreens, Lululemon and the high-end retailers is often sold on the internet via OfferUp, LetGo, and the Facebook and Amazon Market Places.

As District Attorney, I will actively engage and educate our community members about the crime occurring in our county and ways we can work together to combat it, such as not buying merchandise off the internet that does not have a means of guaranteeing that it is not stolen merchandise.  I will also work with retail stores to modify their return/exchange policies to ensure that they are not accepting the return of their own stolen merchandise.

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About Mary Knox: Mary Knox was born and raised in Walnut Creek and has 36 years of experience advocating and fighting for victims, their families, and the larger community. She is a lead prosecutor in the Contra Costa County District Attorney’s office, who has prosecuted and won high profile cases against some of the most notorious criminals in county history. She has broken the chokehold that criminal gangs have had on the most disadvantaged communities and has engaged in meaningful violence reduction by instituting effective strategies to reduce crime and prosecute violent criminals. Learn more about Mary at maryknox4da.com

 

Contra Costa DA joins forces with other prosecutors to combat organized retail theft

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As thieves turn to new tactics, Bay Area, San Joaquin County prosecutors form alliance to ensure accountability

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

Today, Nov. 24, 2021, Contra Costa District Attorney Diana Becton announced an alliance between Contra Costa, Alameda, San Francisco, Marin, San Mateo, Santa Clara and San Joaquin counties, law enforcement, and state agencies to combat the recent increase in organized retail theft. Each office has pledged a prosecutor to collaborate and participate in the joint effort. (See related article)

“Fencing and organized retail theft rings operate across jurisdictional boundaries,” said Contra Costa District Attorney Diana Becton. “As prosecutors, we must respond to the nature of these crimes and operate with our partners to more effectively meet this challenge. Those responsible for perpetuating these crimes are working together as a team, and to ensure accountability for their crimes, law enforcement needs to work together as a team too. These caught and arrested will be prosecuted to the full extent of the law.”

“Organized retail theft has adverse and costly impacts on business owners and consumers alike,” said San Joaquin District Attorney Tori Verber Salazar. “Through a partnership with our neighboring counties, we will hold all parties accountable, including fencing rings and individuals who purchase stolen goods. We commend Governor Newsom and Attorney General Bonta for taking organized retail theft seriously and we implore the community to report suspicious resell activity to assist law enforcement’s efforts in tracking organized retail theft rings.”

While police work to strengthen investigations and collaborations across jurisdictional boundaries, prosecutors’ offices similarly can better ensure accountability through information sharing. The partnership between counties and local agencies would allow for the sharing of information through data collection, crime analytics, as well as pooled investigative tools to successfully prosecute those involved with organized retail theft schemes. In addition to the shared resources between counties, the District Attorney’s Offices would continue to collaborate with their local retailers and State Representatives to ensure statues that cover organized theft rings are enforceable and improve safety for consumers.

“Retail theft crimes are affecting all counties in the Bay Area as well as across the nation.  Collaboration and shared strategies with neighboring prosecutors and law enforcement partners are critical to both preventing and responding to organized retail theft,” said San Francisco District Attorney Chesa Boudin.  “This alliance of prosecutors is committed to developing strategies to combat these organized crimes.  Together, we are determined to stop those who participate in organized retail theft, including by dismantling the fencing networks that make this type of crime profitable.”

“The recent premeditated retail theft mob action in multiple cities across Northern California is intolerable and will not be accepted by District Attorneys, law enforcement officials and our community members,” said San Mateo District Attorney Steve Wagstaffe.  “Anyone caught engaging in such criminal conduct should expect to find themselves facing prosecution, conviction and incarceration. There is no leniency for such behavior.”

“The recent acts of retail thefts, robberies and mass-mob burglaries throughout Northern California will not be tolerated. These are clearly carefully orchestrated crimes, working together in large groups to create a mob-like mentality,” said Alameda County District Attorney Nancy O’Malley. They are instilling fear in merchants, customers, and the wider community. This is especially appalling at a time where many are out and about during the holiday season. Be assured that those caught and arrested will be prosecuted to the full extent of the law.”

“California has seen shifts in crime trends and tactics, and Bay Area prosecutors are forming this partnership to meet the moment,” said Cristine DeBerry, Executive Director of the Prosecutors Alliance of California.  “Partnerships like these reflect the need to implement modern solutions to modern problems. These crimes happen quickly, and they may not be caught in the act.  Through information sharing and coordination, there will be greater likelihood of arrests and accountability than everyone working in isolation.”

Contra Costa DA announces charges against three defendants in organized retail theft operation

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Suspects from San Francisco, Oakland face felony charges of conspiracy, burglary, robbery, and organized retail theft of Walnut Creek Nordstrom Saturday night

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

The Contra Costa District Attorney’s Office announced, today, felony charges have been filed related to the retail thefts at Nordstrom, Walnut Creek on Saturday night, November 20, 2021, when approximately 90 individuals stormed the Nordstrom Department Store in Walnut Creek’s Broadway Plaza simultaneously using three separate entrances. (See video from ABC7 news report)

Two employees were assaulted, and one was pepper sprayed by the suspects. Officers arrived on the scene quickly, stopping one of the cars and arresting two people, one of whom was in possession of a firearm. Another person was arrested nearby a short time later in possession of stolen Nordstrom property. The remaining participants in this criminal mob fled from the area in cars at high speeds.

Police are investigating what was clearly a planned event, with the initial calls coming into the department about cars driving recklessly in the area shortly before 9:00 p.m. Nordstrom employees began calling 911 when approximately 80 people entered the store and immediately began stealing merchandise.

The three suspects arrested by the Walnut Creek Police Department are Dana Nika Dawson, age 30 and Joshua Noel William Underwood, age 32 both of San Francisco, and Rodney Barone Robinson, age 19 of Oakland.

“The Contra Costa District Attorney’s Office is committed to working with the Walnut Creek Police Department and our retail community to hold those involved in retail theft accountable. We are committed to stopping those who participate in organized retail theft, which has adverse and costly impacts on business owners and consumers as well” stated District Attorney Diana Becton.

The copy of the complaint and charges can be viewed here: CCDA – Dawson Underwood Robinson complaint #01-197688-5

The defendants will be arraigned on the Felony charges on Monday, November 29, 2021, at 1:30 p.m. in Department 25 of the Contra Costa Superior Court.

The Walnut Creek Police Department is continuing to investigate Saturday night’s organized theft ring activity at Nordstrom in the Broadway Plaza. There were no additional major incidents over the course of the weekend in Walnut Creek, although similar thefts took place at a variety of locations throughout the Bay Area. While the Police Department is actively monitoring intelligence, there is no indication that Walnut Creek residents or businesses need to be on a heightened alert. Police are continuing their expanded presence in the downtown area.

The Walnut Creek Police Department was actively monitoring intelligence that indicates the group of thieves who stole from the Broadway Plaza Nordstrom were considering similar activity later that day. That was not confirmed, but out of an abundance of caution, they alerted businesses and residents to be prepared. The Police Department called out additional officers and reserves.

The investigation is on-going, if anyone has information regarding this incident, please contact Detective Deng at deng@walnutcreekpd.com. Case information: Docket Number 01-197688-5.

Allen Payton contributed to this report.

Coroner’s inquest jury determines death of Pleasant Hill man was a suicide

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

Contra Costa County Sheriff-Coroner David Livingston announces that a coroner’s jury today reached a finding in the September 28, 2020 death of 46-year-old Jeremy Robert Waring of Pleasant Hill. The finding of the jury is that the death is a suicide.

The coroner’s jury verdict came after hearing the testimony of witnesses called by the hearing officer, Laura Pagey.

According to the Pleasant Hill Police Department, on Sept. 21, 2020, officers received reports of an armed person at a residence. Officers arrived to find a person driving away from the scene. When the officers tried to make a traffic stop, Waring started shooting at them.

He then drove behind Pleasant Hill Elementary School where he attempted to commit suicide with the firearm.

Officials say the suspect was taken to a hospital to receive medical attention for his injuries.

No officers or community members were injured during the incident.

A Coroner’s Inquest, which Sheriff-Coroner David Livingston convenes in fatal incidents involving law enforcement personnel, is a public hearing during which a jury rules on the manner of a person’s death. Jury members can choose from the following four options when making their finding: Accident, Suicide, Natural Causes or At the hands of another person, other than by accident.

Allen Payton contributed to this report.

Contra Costa Probation Department awarded grant to supervise people convicted of DUI

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The Contra Costa County Probation Department is the recipient of a one-year, $389,700 grant from the California Office of Traffic Safety (OTS) to monitor high-risk, repeat DUI Probation clients.  Currently, the Probation Department is supervising 202 DUI probation clients.

Grant funding will be used to make sure DUI probation clients are following the court ordered terms of their probation, including home, work and office visits, alcohol testing and warrant service operations.

In addition, funding will be used to develop the Habitual Offender Tally, also known as “HOT Sheets,” that identify repeat DUI probation clients to local law enforcement agencies.  The funds will also be utilized to assist Probation in working with Court officials to establish probation orders for the DUI clients being placed on probation.

This grant is aimed at reducing the number of persons killed and injured in alcohol-related collisions as well as lower DUI recidivism rates.

“Prevention and treatment are valuable tools in reducing DUI recidivism rates,” OTS Director Barbara Rooney said. “Monitoring programs are intended to steer probationers in the right direction.”

The ongoing partnership between the Contra Costa County Probation Department and the Office of Traffic Safety has spanned more than 15 years.

“The support and assistance provided by OTS, coupled with strong working relationships with state and local law enforcement agencies, have allowed the Probation Department to closely monitor and rehabilitate our clients,” said Chief Probation Officer, Esa Ehmen-Krause. “Reducing the traumatic impact that impaired driving causes across our community contributes to improving public safety.”

The grant will fund Probation Department personnel to monitor drivers on Probation for felony DUI or multiple misdemeanor DUI convictions, including conducting unannounced fourth amendment waiver home searches, random alcohol and drug testing and ensuring those on probation are attending court-ordered DUI education and treatment programs.  It will also fund the continued training of the Probation Department personnel in an effort to keep up with current trends and equipment use.

While alcohol remains the worst offender for DUI crashes, Contra Costa County Probation supports OTS in its statement, “DUI just doesn’t mean booze.”  Prescription medications and marijuana can be impairing by themselves, but also in combination with alcohol, and can result in a DUI arrest.

The grant program runs through September 2022.

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.

 

Contra Costa DA files charges of misdemeanor Vehicular Manslaughter for death of Lafayette cyclist

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Joe Shami with his bicycle at the Mt. Diablo summit. Source: MountDiabloCyclists.org

Victim was known as the “Legend of Mount Diablo” for his 600 rides to the top of the peak

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

The Contra Costa District Attorney’s Office has charged Lori Everett with a misdemeanor Vehicular Manslaughter in violation of Penal Code section 192(c)(2), for striking cyclist Joseph Shami with her vehicle in Lafayette on April 13, 2021, shortly before 7:00 AM.

Shami was an incredibly experienced cyclist who lawfully entered the roundabout at the interchange of Olympic Boulevard and Pleasant Hill Road. Despite Shami’s bright helmet and colorful clothing, the motorist failed to yield, and struck the victim cyclist who was in an established lane of travel.

According to Lafayette Police news release reported previously, “a nurse and a doctor from John Muir Medical Center and a firefighter from the San Ramon Valley Fire Protection District, who happened to pass by, immediately began to render aid to the bicyclist. Officers arrived on scene along with the fire department which took over medical care for the victim. The bicyclist was transported to a local hospital where he succumbed to his injuries and died overnight.” (See related article)

Shami, a retired AT&T engineer, was known as the “Legend of Mount Diablo” for riding to the top of the East Bay’s tallest peak for 600 straight weeks, according to the San Francisco Chronicle. He completed his 11-year, 28-week streak in 2019 at the age of 85. Shami was a member of the Mount Diablo Cyclists.

Tragic roadway deaths like this are avoidable. To ensure the safety of our community, the Office of the District Attorney implores motorists to be active, attentive drivers and to be mindful of pedestrians and cyclists when sharing the roadways.

Case information: DKT# 01-197626-5

 

Nine suspects sought in smash and grab robbery of Sun Valley mall jewelry store in Concord Monday

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Nine suspects steal jewelry from Sun Valley mall store in Concord on Monday, Nov. 15, 2021. Source: Concord PD video screenshot

By Concord Police Department

On November 15, at approximately 7:30 pm, a group of nine people entered the Iceberg Diamonds jewelry store inside the Sun Valley Mall in Concord, armed with hammers. They began smashing the glass display cases and stealing jewels. Employees tried to intervene and were kept back by the hammer wielding criminals. The suspects got away before police arrived. (See surveillance video)

Some customers inside the mall called reporting what they thought were gunshots heard, but in actuality, they heard the sounds of the hammers breaking glass. No shots were fired.

The case is under investigation by Concord PD Detectives. Anyone with information regarding this case may contact Detective Christine Corey with CPD’s Financial Crimes Unit at 925-603-5828. CPD Case #21-11268

Contra Costa County seeks applicants for five vacancies on Juvenile Justice Coordinating Council

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The Contra Costa County Board of Supervisors is seeking applicants who are interested in serving on its 20-member Juvenile Justice Coordinating Council (JJCC). The JJCC currently has the following five (5) vacancies:

  • At-Large Representative (3)
  • Community Based Organization Representative (2)

The Juvenile Justice Coordinating Council is a multiagency advisory body that informs the development and implementation of a countywide juvenile justice plan composed of several critical parts, including, but not limited to an assessment of existing law enforcement, probation, education, mental health, health, social services, drug and alcohol and youth services resources, which specifically target both at-promise as well as system-involved youth, and their families.

The JJCC will also coordinate on a countywide basis the work of those governmental and non-governmental organizations engaged in activities designed to reduce the incidence of juvenile crime and delinquency in the greater community, develop information and intelligence-sharing systems to ensure that county actions are fully coordinated, and provide data and appropriate outcome measures.

The Juvenile Justice Coordinating Council is composed of the following 20 members:

Ten (10) Ex‐Officio Members: 

  • Chief Probation Officer, as Chair
  • District Attorney’s Office representative
  • Public Defender’s Office representative
  • Sheriff’s Office representative
  • Board of Supervisors’ representative
  • Employment and Human Services Department representative
  • Behavioral Health Services representative
  • Alcohol and Other Drugs Division representative
  • Public Health representative
  • Juvenile Justice Commission Chair

Ten (10) Additional Members, appointed by the Board of Supervisors, as follows: 

  • City Police Department representative
  • County Office of Education or a School District representative
  • Four (4) At-Large members, residing or working within County of Contra Costa
  • Two (2) Community-Based Organization representatives
  • Two (2) At-Large youth, fourteen to twenty-five years old and residing or working within County of Contra Costa

Appointments to the Juvenile Justice Coordinating Council will be for a term of two years. The JJCC meets monthly October through April, and bi-monthly the remainder of the year. Members have the option to serve on two (2) subcommittees that each currently meet on a monthly basis.

Applications will be due by 5 p.m. on December 3, 2021, and all timely applicants will be invited to the public interview process conducted by the Board of Supervisors’ Public Protection Committee:  Supervisors Candace Andersen, District II, and Federal Glover, District V. This committee will then recommend a selection of applicants for Board of Supervisors to appoint to the Racial Justice Oversight Body.

Below is a complete timeline of this recruitment process to fill the five (5) vacant JJCC seats: 

  • December 3: Final Day of the Application Period, due by 5:00 p.m.
  • December 16: Public Protection Committee Meeting: Interviews
  • January 11: Board of Supervisors Appointments

Application forms can be obtained from the Clerk of the Board of Supervisors by calling (925) 655-2000 or by visiting the County webpage at www.contracosta.ca.gov/3418/. Completed applications should be emailed to ClerkoftheBoard@cob.cccounty.us. Applications can also be mailed to the Clerk of the Board of Supervisors Office at 1025 Escobar Street, 1st Floor, Martinez, CA 94553.

 

Three young Pittsburg men arrested, charged for armed robberies in five Contra Costa communities

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Source: APD

Robbed 25 businesses, their employees and customers

By Detective Thomas Smith, Antioch Police Department

In August of 2021, the cities of Antioch, Pittsburg, Concord, Brentwood, Bay Point, and Clayton began experiencing a rash of armed robberies. Over approximately 90 days, an estimated twenty-five robberies occurred throughout the county. The responsible subjects were described as Hispanic males in their late teens or early twenties, with masks covering their faces. It was determined by investigators from each agency that the robberies were related, and they were able to establish several viable leads to identify the responsible parties.

On November 3rd, 2021, an armed robbery occurred in the city of Concord. Investigators from the Concord Police Department notified the other involved agencies, and the suspect vehicle was located and stopped in the city of Bay Point. All three occupants were residents of Pittsburg, CA, and were suspected of being responsible for the series of robberies in Contra Costa County. Evidence of the robbery(ies) was located inside the vehicle, and all three suspects were taken into custody.

Following their apprehension, investigators from the Pittsburg, Antioch and Concord Police Departments served several residential search warrants in the city of Pittsburg. During the searches, evidence linking the suspects to the robberies was located. On Friday, November 5th the cases were presented to the Contra Costa County District Attorney’s Office. The District Attorney’s Office reviewed the cases and filed felony charges with enhancements, on 18-year-old Samuel Banales-Melena, 20-year-old Jonathan Medina-Flores, and 18-year-old Rogelio Medina-Flores for their participation in the robberies.

This case was successful due to the collaboration of the law enforcement agencies involved in the investigation. This investigation weighed heavily on the implementation and use of technology, to include license plate reading cameras in the City of Antioch and other technological surveillance efforts. The Antioch Police Department would like to thank the Pittsburg Police Department for taking lead on the investigation, as well as the Concord Police Department for their diligent efforts in apprehending the suspects in these cases, bringing a violent crime spree to an end. As always, the investigation is on-going. If you have any information regarding these robberies, please contact the Antioch Police Department at your earliest convenience.

Anonymous tips or information about this – or any other incident – can be sent via text to 274637 (CRIMES) with the keyword ANTIOCH.

Jury convicts Pleasant Hill man for aggravated possession of child pornography, attempting to destroy evidence

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Investigation conducted by multi-agency Contra Costa County Internet Crimes Against Children Task Force

By Scott Alonzo, Public Information Officer, Contra Costa County Office of the District Attorney

On Tuesday October 26, 2021, after a six-day trial, a jury in Contra Costa County found 30-year-old Pleasant Hill resident Won Kwak guilty of aggravated possession of child pornography and attempting to destroy evidence. 

The jury found that on November 24, 2020, Kwak knowingly possessed over 600 images of child sexual abuse material, depicting pre-pubescent children engaged in sexually explicit conduct. The jury also found Kwak attempted to destroy evidence on his laptop computer when he deleted thousands of sexually explicit files as officers served a search warrant at his residence.

On November 24, 2020, members of the Contra Costa County Internet Crimes Against Children Task Force served a search warrant at Kwak’s residence after it was discovered someone at the residence was making child pornography files available for sharing on the internet. When officers knocked on the front door, Kwak looked through the blinds, saw the police officers, and then went to his computer and began deleting files of child pornography. Concord Detective Daren Billington, a digital forensics expert, was able to recover many of those files and demonstrate to the jury exactly what Kwak did to delete them.

Kwak’s sentencing is scheduled for January 7, 2022, in front of the Honorable Joni T. Hiramoto. Kwak faces a maximum penalty of five years in state prison. The case was prosecuted by Deputy District Attorney Max Laettner with the Interpersonal Violence Division.

This investigation was conducted by the multi-agency Internet Crimes Against Children Task Force, which is managed by the San Jose Police Department. In Contra Costa County, detectives and investigators from the Walnut Creek, Martinez, Danville, Pleasant Hill, Concord and Moraga Police Departments, the Contra Costa County Sheriff’s Office, United States Secret Service, Homeland Security Investigations, the Contra Costa County Probation Department, and Inspectors from the Contra Costa County District Attorney’s Office participate in the task force.

Parents seeking additional resources can visit www.kidsmartz.org or the website for the Silicon Valley Internet Crimes Against Children Task Force at www.svicac.org. Reports of illegal activity involving minor victims on the internet should be reported at once to your local police department.

Case information: People v. Kwak, Docket Number 01-195765-3