Contra Costa Herald

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

Victim of New Year’s Eve shooting at Concord mall was trying to help robbery victim

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By Concord Police Department

On December 31st at 3:44 p.m. the Concord Police Department was sent to the Sun Valley Mall, Lower level for a reported shooting.

Officers located one person who had been shot and he was transported to a local hospital where he is in critical, but stable condition. Initial investigation found this to be a robbery of an individual inside the mall. During the robbery a person trying to assist the robbery victim was shot by the suspects who fled the mall.

The mall was placed on lockdown and evacuated.

Read more and see videos in reports by ABC7 News and KPIX5 CBS SF Bay Area.

This is an ongoing investigation which is being investigated by the Concord Police Department, Major Crimes Unit and no other information is being released at this time.

If you have any details or were a witness to this shooting please call the Concord Police Department confidential “tip line” at (925) 603-5836.

Allen Payton contributed to this report.

 

Contra Costa DA announces restorative justice program U.S. DOJ found to be moderately effective or worse

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By Allen Payton

The Contra Costa District Attorney’s Office announced, last Friday, their new Neighborhood Restorative Partnership program. It is a voluntary, neighborhood-focused, restorative justice initiative addressing root causes of criminal behavior, reducing recidivism, enhancing community relationships, and promoting public safety and quality of life. The NRP is a program in which eligible individuals are given an opportunity to take responsibility and repair the harm they caused through a community-based process, instead of a courtroom.

This program is:

  • A community-based pre-filing program.
  • A program designed to give individuals an opportunity to take responsibility and repair harm they cause.
  • And will consist of community volunteers trained as panelists to find solutions that help address the harm caused by these offenders and by focusing on restoring all who have been impacted.

U.S. DOJ Study Found “Moderate” and Lower Program Results

A U.S. Department of Justice Office of Justice Programs study, published in 2017, that “systematically reviewed all available research that, at a minimum, compared participants in a restorative justice program to participants processed traditionally by the juvenile justice system”, found that such programs had a “moderate reduction in future delinquent behavior” and the “results were smaller for the more credible random assignment studies”.

“Abstract – The distinctive feature of restorative justice programs is the objective of addressing the causes of the offender’s delinquent behavior while remedying the harms caused to the victims. A fundamental component of restorative justice programs is some form of dialog or interaction between the offender and the victim or a victim surrogate, with some programs extending participation to family and community members. Examples of restorative justice programs include victim-offender mediation, family group conferencing, and sentencing circles. Also, some routine practices of the juvenile justice system such as restitution are consistent with restorative justice principles, and some programs incorporate some aspect of the framework, such as teen courts. This systematic meta-analysis of evaluation research on restorative justice programs identified 99 publications, both published and unpublished, reporting on the results of 84 evaluations nested within the 60 unique research projects or studies. From these studies, the meta-analysis extracted results related to delinquency, non-delinquency, and outcomes for the youth and victims participating in these programs. Overall, the evaluations of restorative justice programs and practices showed a moderate reduction in future delinquent behavior relative to more traditional juvenile court processing; however, these results were smaller for the more credible random assignment studies, which raises concerns about the robustness of this overall result. Additional high-quality research of such programs is warranted, given the promising but uncertain findings. 14 tables, 30 figures, and search notes”

Questions for DA Becton & Program Coordinator

Both District Attorney Diana Becton and program coordinator and Janet Era, Assistant Investigator/Facility K9 Handler with the DA’s office, were asked the following questions about the program on Monday:

Do you have more details about the Neighborhood Restorative Partnership that you can share?

How will the community-based process work? Is it just for juveniles or adults, too?

How many panelists per neighborhood panel? When and where will the panels meet?

How can you assure an individual that is the focus of the effort will actually attend their meeting with the neighborhood panel?

What percentage of individuals assigned to such programs actually show up for their neighborhood panel meeting? If they do, what are the kinds of assignments that can be ordered by the panel for the individual to “to take responsibility and repair the harm they caused”? Who provides the enforcement to ensure the assignment is completed?

Are the assignments based on a negotiated agreement with the individual and victims?

What if there are costs involved to repair the harm they caused will the individual be required to pay those costs? What if they can’t afford to do that, will the costs be paid for by the program?

Once the assignment is completed, what happens next? Is their record expunged?

How much will the program cost?

Finally, are you aware of the US DOJ study published in 2017 showing such programs for juveniles have a moderate impact or less?

Program Coordinator Responds

In an email response received, today, Era wrote, “The Neighborhood Restorative Justice Partnership (NRP) is an adult diversion program. NRP provides an opportunity for the participant to resolve their case in the community as opposed to a courtroom, by utilizing restorative justice practices. Offenders are given an opportunity to take responsibility and repair the harm they caused through a community-based resolution process.

NRP provides an opportunity for the victim to be heard and for the community to participate in the resolution process. We anticipate three panelists per panel. Eligible cases are diverted by the District Attorney’s Office into the NRP program. While participation is voluntary, participants must be willing to take accountability for their actions that caused the harm. Each case is unique; therefore, panelists will prepare individualized obligation plans for each participant.

Upon successful completion of the program, criminal charges will not be filed. NRP will track recidivism of the participants who complete the program for a period of 24 months. We have shadowed other agencies in other counties, including Yolo County, Los Angeles City Attorney, and San Francisco County. These counties have published a high rate of success at reducing recidivism. If the individual does not complete the program, criminal charges will be filed by the District Attorney’s office.

The procedures, guidelines, and logistics for the Neighborhood Restorative Justice Partnership are still under development. Participation is voluntary and confidential. There are no program fees, however there may be costs associated with repairing the harm caused by the individual.”

Program Contact Information

If interested in becoming a panelist with the Contra Costa County District Attorney’s Office please complete an application and send to:

Contra Costa County District Attorney’s Office

Attn: Janet Era, Assistant Investigator/Facility K9 Handler

Neighborhood Restorative Partnership

900 Ward Street, 2nd Floor

Martinez, CA 94553

DA-NRP@contracostada.org

Click on this link for a copy of Application

Click on this link to view NRP Flyer

Contra Costa Supervisors appoint Ellen McDonnell as county’s new public defender

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Makes permanent position for Interim Public Defender after 20 years with the department; will earn $433,641 in annual salary and benefits

New Contra Costa Public Defender Ellen McDonnell. Source: CCPD

By Allen Payton

As previously reported, during their final meeting of the year on Tuesday, the Contra Costa Board of Supervisors promoted Interim Public Defender Ellen McDonnell as Contra Costa Public Defender at an annual salary of $340,510 in addition to $93,131 in pension annual compensation.  She will officially take over the role of Public Defender from the retiring Robin Lipetzky effective Jan. 1, 2022.

She started with the department in 2001 and will oversee a $36 million budget and 145 employees.

McDonnell holds a Juris Doctors degree from California Hastings College of the Law and a Bachelor of Arts degree and double major in Spanish and Italian from Florida Atlantic University in Boca Raton.

She has been a member of the California State Bar since 2011.

When reached for comment District 1 Supervisor John Gioia showered praise on the county’s new public defender.

“Ellen has been at the department for several years, so, it’s great to elevate to the top position someone who has worked their way up in the department,” he said. “She understands the issues, has support of her staff and will be a great public defender.”

“Ellen understands the constitutional balance in our system, for those who are accused, so innocent people aren’t convicted,” Gioia continued. “She has been very involved in re-entry solutions. She and the department have helped individuals successfully, and safely, return to housing and employment, which lowers the chance of repeating offenses and keeps the community safer.”

McDonnell had been serving as the Interim Public Defender for Contra Costa County since August, she shared. According to the Contra Costa Public Defenders’ website,  during her two decades at CCPD, Ellen has specialized in representing clients in serious felony cases, been the public face of the office throughout the community and the local criminal court system, and led a dramatic expansion in innovative and holistic defense programs. Most recently, as Chief Assistant, she managed CCPD’s operations and oversaw the office’s divisions. As Interim Public Defender, Ellen stewards the office’s commitment to client advocacy, high-quality litigation, and holistic defense.

“I’m so honored to have been appointed by the Board of Supervisors with the recommendation of County Administrator Monica Nino,” McDonnell said. “I am thankful for their leadership and the trust that they’re placing in me with this appointment.”

“I’m excited to continue to lead an office of highly skilled and talented attorneys, investigators, social workers, legal assistants and clerical staff, and continue to serve the community of Contra Costa,” she continued.

“The mission of the Public Defender’s office is to vigorously defend our clients at all stages of the criminal justice process,” McDonnell shared. “A core part of our mission is also to bring our clients back into the community with support that leads to better outcomes for those we represent, their families and the community at large. We do that by connecting our clients with community-based solutions for housing, employment, healthcare and mental health resources.”

“When we look at the whole person in stabilizing individuals, we play a critical role in contributing to public safety,” she concluded. “Our office will remain committed to addressing racial disparities in the local criminal legal system and implementing new, needed, legal reforms.”

Since becoming interim public defender, McDonnell has been and will continue serving on the county’s Racial Justice Oversight Body which focuses on that commitment.

Ellen joined CCPD in 2001 after receiving her Juris Doctorate from UC Hastings College of Law, where she was a member of the Hastings Law Review. She represented clients with misdemeanors and felony cases, and has tried numerous homicide and life cases. Ellen is a skilled trial attorney and a fierce advocate, especially for those suffering from mental health conditions.

Ellen led the expansion of CCPD’s Clean Slate program and spearheaded community outreach efforts in response to the passage of Proposition 47 in 2014. Ellen coordinated and led numerous Clean Slate Day community events. She collaborated with justice system stakeholders and community-based organizations in order to assist thousands of community members in clearing their records and providing a path to rehabilitation.

Ellen has been at the forefront of implementing legislated criminal justice reforms in the Contra Costa legal system, including Prop 47, Prop 64, Felony Murder Reform, and Bail Reform. Through Ellen’s leadership, Contra Costa County has seen a reduction of incarceration rates, improved sentence equity, the minimization of court-imposed debt, and the elimination of barriers for impacted people.

Ellen has also collaborated with local groups working towards a more just and safer Contra Costa.  These include the county’s Pretrial Services work group, Contra Costa LEAD diversion Local Advisory Committee (LAC), the Prerelease Planning work group, the Smart Reentry Task Force, the Alliance to End Abuse Core Project Team, and the Steering Committee for the Reentry Success Center.

Ellen helmed CCPD’s holistic defense approach.  She expanded the scope and reach of the office’s services through grant funded programs, garnering state and federal recognition as a model for other defender organizations.  In 2016, Ellen became the supervisor of the office’s reentry programs unit, managing CCPD’s AB109 budget and securing philanthropic and governmental funding for reentry services. Ellen also launched the Early Representation Program (EarlyRep) dedicated to preventing failures to appear in court and diverting cases from the criminal justice system. EarlyRep was awarded the Defender Program of Year by the California Public Defender Association in 2019.

Ellen secured funding to launch the Holistic Intervention Partnership (HIP), a collaborative public-private partnership which offers intensive case management, funding for housing services, and other critical resources to those impacted by our criminal legal system. CCPD was one of only two Public Defender’s Offices in the state to receive Justice Assistance Grant (JAG) funding for innovation in indigent defense.

Ellen is regularly invited to speak about holistic defense and implementing criminal justice reforms.  She has presented to many groups including the California Judicial Council, the US Department of Justice, National Legal Aid and Defender Association (NLADA) Chief Defender Council, and the American Society of Criminology.

Ellen was appointed by the Chief Justice of the California Supreme Court to the Judicial Council’s Price of Justice Initiative: Ability to Pay Workgroup, the Futures Traffic Workgroup, and the Traffic Advisory Committee.  She was also appointed as a member of the Executive Steering Committee of the State Board of Community Corrections tasked with making recommendations for Law Enforcement Assisted Diversion (LEAD) funding.

Ellen, who grew up in West Virginia and Florida, is a resident of Walnut Creek, where she lives with her husband and two children. Ellen speaks fluent Spanish, and she is proud to be a lifelong Contra Costa Public Defender.

Dan Borsuk contributed to this report.

Contra Costa DA charges woman who struck and killed Lafayette crossing guard in September

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The Contra Costa County Office of the District Attorney has filed charges against Phyllis Meehan pursuant to Vehicle Code Section 192(c)(1) in the death of Stanley Middle School crossing guard, Ashley Steven Dias, age 45.

“This tragic incident has impacted an entire community,” said District Attorney Diana Becton. “The loss of Ashley Dias is a solemn reminder that drivers must exercise caution and care when children and pedestrians are present.”

September 8, 2021, Phyllis Meehan, 78 years old, was picking up her grandson from the Lafayette Middle School when she collided with a vehicle and proceeded to accelerate into a crosswalk. Witnesses observed Mr. Dias pushed a student out of the path of the GMC Yukon before the crossing guard was fatally struck by the driver. The student suffered significant scrapes and bruises. Mr. Dias succumbed to his injuries later that afternoon.

According to the Lafayette Police Department, “At 3:00pm today (9/8/21) on School Street at Paradise Court a vehicle struck one adult and one child, the child had minor injuries and the adult was transported to the hospital.”

ABC7 News reported the child will survive, and that the driver remained at the scene and cooperated with police.

An arraignment date has yet to be scheduled. The copy of the complaint and charges can be viewed, here:

Case information: Docket Number 01-197752-9

Allen Payton contributed to this report.

Oakland man sentenced to five years in prison for targeting minors online in sexual extortion scheme

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Had help from Concord man, his co-defendant; victims included eight minors between 11 and 14 years old

OAKLAND – Delaney Tang was sentenced today to 60 months in prison for solicitation of child pornography and conspiracy to commit cyberstalking in connection with a sexual extortion scheme, announced Acting United States Attorney Stephanie M. Hinds and Homeland Security Investigations Special Agent in Charge Tatum King. The sentence was handed down by the Hon. Haywood S. Gilliam, U.S. District Judge.

Tang, 22, of Oakland, pleaded guilty to the charges on April 28, 2021. The plea agreement describes how Tang used Instagram to harass, threaten, and successfully extort a 12-year-old victim into sending him nude photos and videos of herself. The agreement further describes how Tang provided instructions to the victim specifying what she must wear, say, and do in her photos and videos as well as how Tang also attempted to coerce the victim into filming a video of herself performing additional sex acts with an underage male. Tang received assistance executing the scheme from co-defendant Vincenz Sison, 21, of Concord. Sison attempted to convince the victim to comply with Tang’s extortion requests. Ultimately, Tang publicly posted to Instagram and other sites sexually explicit images and videos of the 12-year-old victim after she stopped responding to Tang’s requests for additional photos and videos.

The government’s memorandum regarding Tang’s sentencing further explains how Tang used Instagram to extort additional victims, including seven identified underage victims who were between 11 and 14 years old.

On February 10, 2021, the United States filed a criminal information charging Tang and Sison with conspiracy to commit cyberstalking, in violation of 18 U.S.C. §§ 371 & 2261A(2)(B), and charging Tang with an additional count of solicitation of child pornography, in violation of 18 U.S.C. § 2252A(a)(3)(B).  Tang pleaded guilty to both counts charged against him.

In addition to the prison term, Judge Gilliam ordered Tang to serve an eight-year period of supervision following his release from prison.  Tang will surrender to begin serving his sentence on January 19, 2022. Tang’s next scheduled appearance is on January 12, 2022, at 10:00 a.m., for a hearing to determine restitution for his victims.

For his part in the scheme, Sison pleaded guilty to conspiracy to commit cyberstalking on April 28, 2021. Judge Gilliam scheduled Sison’s sentencing for February 2, 2022, at 10:00 a.m.

Special Assistant U.S. Attorney Christopher Vieira is prosecuting the case with the assistance of Marina Ponomarchuk. The prosecution is the result of an investigation by the San Francisco Police Department and the Department of Homeland Security.

 

Contra Costa Sheriff’s Office solves 25-year-old Crockett cold case homicide

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Suspect Danny Lamont Hamilton in 1999 and 2018, and victim Priscilla Lewis. Photos: CCCSheriff

Suspect formally charged for 1996 murder of Vallejo woman

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

The Contra Costa County Office of the Sheriff has solved the 1996 murder of Priscilla Lewis in Crockett.

On September 24, 1996, Priscilla Lewis, a 21-year-old resident of Vallejo, was working as a waitress at the Four Corners restaurant located at 628 2nd Avenue in Crockett. The cook at the restaurant called 9-1-1 shortly before 10:30 PM after finding her body in the basement bathroom. The cause of death was asphyxia due to drowning.

Since that time, detectives from the Sheriff’s Office have continued the investigation interviewing dozens of people while the crime lab analyzed numerous pieces of evidence. Several search warrants were also served. Despite persistent investigation for over two decades, the case remained unsolved.

In 2020, detectives submitted additional evidence to the crime lab to be tested using current technology. A DNA match came back to that of Danny Lamont Hamilton, also of Vallejo. Hamilton was incarcerated at the Martinez Detention Facility from 1999-2002 for unrelated sexual assault charges. He was later convicted of those charges and sentenced to prison for 295 years. Hamilton, who is 51 years old, is currently serving his term at a state prison near San Diego.

On Wednesday, December 8, 2021, homicide detectives from the Sheriff’s Office presented the case to the Contra Costa District Attorney’s Office. Hamilton was charged with one count of murder along with numerous enhancements in the Priscilla Lewis case:

PC187(a) (PC1203.075) – Murder with four (4) special enhancements

  1. PC190.2(a)(15) – Murder by lying in wait
  2. PC190.2(a)(17) – Felony murder kidnapping
  3. PC190.2(a)(17) – Felony murder burglary
  4. PC190.2(a)(17) – Felony murder—enumerated sex offence (committed during an attempted rape)

“I would like to recognize the many Sheriff’s Office homicide detectives and crime lab staff for their dedication and relentless work in the murder of Priscilla Lewis in 1996,” said Contra Costa County Sheriff David Livingston. “We continue to investigate unsolved homicides in an effort to provide families, like that of Priscilla Lewis, with answers and some closure and to hold suspects accountable.”

Homicide detectives are continuing to investigate this case. Anyone with information 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’s Office supports Walnut Creek PD in effort to stop organized retail thefts

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Sheriff’s vehicle patrols downtown Walnut Creek. Photo by CCCSheriff

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

Contra Costa County Deputy Sheriff Quinton Valentine patrolling downtown Walnut Creek. Photo by CCCSheriff.

The Contra Costa County Office of the Sheriff will be providing patrol assistance to the Walnut Creek Police Department this holiday season. This comes in response to a recent spate of organized retail thefts in the Bay Area, including one in the Broadway Plaza shopping mall in Walnut Creek.

A special detail of Contra Costa deputy sheriffs will be conducting high-visibility patrols in downtown Walnut Creek alongside police officers to help prevent similar incidents from occurring and to provide additional security for the area.

“I made a personal commitment to the City of Walnut Creek to staff down-town Walnut Creek with deputy sheriffs during the holidays,” said Contra Costa Sheriff David Livingston. “Working with our partners at the Walnut Creek Police Department, this deployment from the Sheriff’s Office will help keep businesses, shoppers and residents safe.”

The Sheriff’s Office wishes every-one a safe and happy holiday season. Please always be alert wherever you are and that if you see suspicious activity to notify your local law enforcement agency.

About the Sheriff’s Office

The Contra Costa County Sheriff’s Office offers a full range of law enforcement services to over 1,000,000 residents in the 715 square mile county. Besides patrolling the unincorporated areas, Deputy Sheriffs provide comprehensive police services to a number of contract cities and special districts. Additionally, the Sheriff’s Office operates county detention facilities, provides security for the courts and runs the Office of Emergency Services. Log on www.cocosheriff.org for more information.

Oakland woman arrested for $2,000 retail theft in Walnut Creek Sunday

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Items recovered from retail theft in Walnut Creek on Thursday, Dec. 5, 2021. Photos: WCPD

By Walnut Creek Police Department

You may have noticed extra Walnut Creek PD Officers, Lafayette PD, and Contra Costa County Deputies patrolling the downtown area.

We are doing our best to combat the influx of organized retail crime. Here is a little bit of the most recent activity:

On Sunday, Dec. 5, Officer Matt Smith noticed a suspicious vehicle parked in a parking lot near Broadway Plaza. The license plates were removed from the car, which Officer Smith recognized may be an indicator of someone attempting to get away with some kind of criminal behavior.

Officer Smith’s proactive investigation and the assistance of other WCPD units on scene led to the arrest of Eriona Mclothan, born Jan. 16, 1997, out of Oakland for PC 490.4, organized retail theft.

Approximately $2,000 in merchandise from various retailers in Broadway Plaza was recovered and returned.

Great investigation by all involved!!

 

Arson suspect arrested after starting multiple fires in downtown Walnut Creek

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By Walnut Creek Police Department

On Thursday, Dec. 2, 2021, Walnut Creek Police arrested a man suspected of starting a series of small fires at a variety of city locations throughout the day today. 28-year-old Oscar Aguilar-Campos was detained, arrested and booked into the Martinez Detention Facility.

The first 911 calls came shortly after 5:00 a.m. when Walnut Creek Police and the Contra Costa County Fire Protection District (Con Fire) responded to three separate dumpsters on fire in the downtown corridor over the period of one hour. They were quickly extinguished, and no witnesses or suspects were located.

Around 11:40 this morning, WCPD received a report of fabric on fire near the Lesher Center for the Arts. Con Fire quickly put that fire out, and within minutes, WCPD received multiple calls of additional small fires, including one inside the Walnut Creek Library. Four small fires had been set inside the library, two in trash cans, one on a chair, and one involving a book. The library was evacuated, and no one was hurt. The library reopened around 2:30 this afternoon.

WCPD located a witness who was able to give officers a description of the suspect. Patrol and plain clothes officers searching the area found Aguilar-Campos walking downtown. Con Fire’s arson investigators are working closely with WCPD and will be presenting this case to the District Attorney’s Office for review.

If anyone has any information about any of these fires, please contact the Walnut Creek Police Department at 925-943-5844. WCPD Case Number: 21-31558

Contra Costa DA announces guilty verdict in Concord hate crime

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Made threats against Jewish community; used online account name “Adolf Hitler”; had assault rifle, ammunition, camouflage fatigues and Nazi paraphernalia

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

Ross Farca. Herald file photo.

The Contra Costa District Attorney Diana Becton announced today that a jury has found Ross Farca of Concord, guilty of four felony charges and a misdemeanor hate crime relating to Farca’s June 4, 2019, possession of an assault weapon recovered after Facra posted anti-Semitic mass murder threats on an online gaming platform. (See related article)

“Ross Farca’s criminality disrupted the lives of countless members of the Jewish faith within our community,” Becton said. “Hate crimes and threats of this magnitude will not be tolerated.”

Farca used his account with the screen name “Adolf Hitler” and a reference to the 6 million people killed during the Holocaust and boasted he intended to copy another synagogue shooter and then kill responding law enforcement. During the search of Farca’s residence, Concord Police seized an assault rifle, along with 13 ammunition magazines, ammunition, camouflage fatigues, and Nazi paraphernalia.

In addition to the firearms and hate crime convictions, Farca was convicted of two counts of criminal threats made towards the lead investigating officer during the course of a follow up search of Farca’s residence on October 8, 2019.

“Mr. Farca is a serious danger to members of the Jewish faith,” said trial prosecutor Amber White. “I commend the quick investigative efforts of law enforcement to track the online activity back to Farca and thank the members of the jury for weighing the evidence and finding Mr. Farca responsible.”

Farca, at one time out on bail, was returned to custody where he remained for the duration of the case after the prosecution successfully argued Farca posed an ongoing threat to community safety. Now convicted, Farca is scheduled to be sentenced on December 29, 2021.