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Contra Costa Coroner’s inquest jury determines 2019 in-custody death of Clayton man was an accident

September 23, 2021 By Publisher Leave a Comment

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

Sheriff-Coroner David O. Livingston announces that a Coroner’s Jury has reached a finding in the August 18, 2019 death of 35-year-old Benito Stefano Carrasco of Clayton. The finding of the jury is that the death is an accident. (See related article)

Carrasco was arrested by the Clayton Police Department and booked into the Martinez Detention Facility (MDF) on August 15, 2019. He was being held on charges that include burglary, grand theft, possession of stolen goods, possession of burglary tools, shoplifting, and possession of drug paraphernalia. He was being held in lieu of $40,000 bail.

On Sunday, August 18, 2019, at about 11:20 PM, a Deputy Sheriff escorted a nurse to Carrasco’s cell. They discovered him unresponsive on his bed.

Medical aid was immediately rendered. Additional medical staff at the jail responded and continued life saving measures until the fire department arrived. Carrasco was later pronounced deceased at the scene and the in-custody death protocol was invoked.

The Coroner’s Jury reached the 10-0 verdict after hearing the testimony of witnesses called by the hearing officer, Matthew Guichard.

A Coroner’s Inquest, which Sheriff-Coroner Livingston convenes in all fatal incidents involving peace officers, 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.

Filed Under: Central County, Coroner, Crime, Legal, News, Sheriff

Officer-involved shooting public report: Richmond Police Officers lawfully shot man in 2019 

September 21, 2021 By Publisher Leave a Comment

Luc Toan Chanh Ciel

By Scott Alonso, PIO, Contra Costa County Office of the District Attorney

The Contra Costa County District Attorney’s Office has concluded Richmond Police Department officers lawfully shot and killed Luc Toan Chanh Ciel in 2019. The DA’s Office released a public report about the shooting today. No charges will be filed against the officers and the Office’s criminal investigation has been concluded. The facts show that the officers had probable cause to believe that Ciel posed a significant threat of death or great bodily injury, not only to himself, but to his family. (See related article)

On April 11, 2019, at approximately 2:33 a.m., multiple Richmond officers arrived at a residence due to an urgent 911 call. Ciel broke into the residence and had weapons, including two knives, with him as he stabbed and attempted to kill three family members.

Officers arrived at the scene and entered the residence from different locations. Officer Danielle Evans and Officer Jeffrey Tyner entered from the rear of the building. They noticed broken glass on the ground and could hear yelling from inside the house. The officers found one victim with blood on her face in the first room they entered.

Officer Tyner proceeded to continue inside the house and saw Ciel with a knife standing over another victim. Ciel was in the process of attempting to stab this victim. Officer Tyner commanded Ciel to step away from the victim and drop his knife. Ciel refused to listen to the officer’s commands. Officer Tyner in turn fired his weapon three times. Officer Evans saw Ciel continue to stand up after he was hit and turned towards the officers. Officer Evans then fired her weapon once.

Officer Terrance Jackson was also inside the residence and observed Tyner and Evans engaging with Ciel. Officer Jackson fired his weapon once after Ciel turned towards his fellow officers. Officer Jackson’s shot occurred simultaneously to Officer Evans’ shot.

Officers located numerous black flex ties in Ciel’s pocket. There was also another knife in the hallway near his body. He had a knife sheath on his belt. Ciel was pronounced deceased at the scene. An autopsy performed by the Contra Costa County Coroner’s Office found Ciel suffered four gunshot wounds and one stab wound. A toxicology report was negative for the presence of any substance.

The DA’s Office and every law enforcement agency in Contra Costa County has adopted the Law Enforcement Involved Fatal Incidents Protocol (“the Protocol”) to investigate incidents when officers or civilians are shot or die during an encounter with law enforcement. Under the Protocol, the DA’s Office investigates all officer-involved shootings in Contra Costa County for the purpose of making an independent determination of criminal liability. The sole purpose of the District Attorney’s investigation is to determine if there is proof beyond a reasonable doubt that a crime was committed during a fatal encounter with law enforcement.

The OIS public report is available on our website.

Filed Under: Crime, District Attorney, News, Police

Settlement reached with Ulta Beauty stores for hazardous waste violations

September 20, 2021 By Publisher Leave a Comment

$752,000 in civil penalties

By Scott Alonso, PIO, Contra Costa County Office of the District Attorney

Contra Costa County District Attorney Diana Becton announced today that the Contra Costa County District Attorney’s Office, together with 33 other California District Attorneys and City Attorneys, have reached a settlement for violations of hazardous waste regulations with Ulta Beauty, Inc., Ulta Salon, Cosmetics & Fragrance, Inc., Ulta, Inc., and Possibilities AB, Inc., (collectively referred to as “Ulta”) that includes $752,000 of civil penalties, supplemental environmental projects, and costs. Ulta has five stores in Contra Costa County and 161 facilities overall in California. The settlement follows an investigation of Ulta stores’ improper storage, handling, and disposal of hazardous and other regulated waste and inadequate employee training.

Ulta stores in Contra Costa County are located in Brentwood, Concord, Pinole Pleasant Hill and San Ramon.

“Companies must be held responsible for business practices that pose a harm to the environment.,” said DA Becton. “Ulta was cooperative throughout the investigation and in correcting the issues.”

In fact, Ulta stores in California have adopted and implemented new policies and procedures and enhanced existing training programs designed to properly manage and dispose of hazardous waste products, other regulated waste, and confidential customer consumer information.

Under the settlement, which includes a Final Judgment and Permanent Injunction entered in Solano County Superior Court Case No. FCS057080, by the Honorable Alesia Jones, the corporations must pay $439,500 in civil penalties, $250,000 in costs and $62,500 in supplemental environmental projects. Defendants must also implement certain compliance assurance programs.

Filed Under: Business, Crime, District Attorney, Environment, News

Three arrested in Walnut Creek for illegal firearm, drugs, outstanding warrant, ID theft

September 18, 2021 By Publisher 1 Comment

Virgil Lee Adams arrested and illegal gun confiscated on Tues., Sept, 15, 2021. Photos: WCPD

Ages 22, 21 and 13; during Tuesday traffic stop; both adults have history of arrests, already released from custody

By Walnut Creek Police

If you happened to see police activity in the area of S. California Ave. and Newell Ave. on Tuesday, here is what happened!

At around 3:40pm, Officer Kim and his FTO Officer Young made a traffic stop on the corner of S. Cal and Newell Ave.

While they were investigating, one person in the car (Virgil Lee Adams, born 8/18/99) got out of the car and ran away from the scene. Officers then located a loaded firearm underneath the seat Adams was sitting in.

Additional WCPD Officers and Detectives quickly responded to the scene.

Officer Marre and Sergeant Njoroge located Adams in the creek just south of Newell Ave. after a foot chase.

Officers Young and Kim located the loaded firearm and over 80 fentanyl pills inside the car.

Adams was arrested for narcotics possession, possession of narcotics while armed, weapons possession, and obstruction.

Other occupants in the car included a 13-year-old male who was arrested for an outstanding warrant out of Oregon and Quan’naejia Ta’zjae Taylor (born on 10/31/99. Taylor was arrested for ID Theft. Excellent work by all involved!

Virgil Lee Adams Aug. 2020 and Quan’naejia Ta’zjae Taylor Aug. 2019 and Feb. 2018. Sources: Portland, OR Police & Clackamas Co., OR Sheriff

As of Saturday, Sept. 18, 2021, according to the Vine website she was out of custody on general release and Adams was out of custody released on court order.

According to bustedmugshots.com he was arrested on Oct. 28, 2016 for attempted murder and unlawful use of a weapons. Then, according to arrestfacts.com Adams was arrested by Portland Police on Dec. 9, 2016 for unlawful possession of a loaded firearm and interfering with a peace officer. According to thegrio.com, he was arrested on Feb. 13, 2017 for robbery and assault, but was later found not guilty.

Finally, according to crimeinformer.com, Adams was arrested in Portland, OR on Aug. 25, 2020 for attempted murder, assault and unlawful use of a weapon. According to his Facebook page he lives in Portland and is the father of three children.

According to crimeinformer.com, Taylor was also arrested on Feb. 2, 2018 for theft in Clackamas County, OR, then again on Aug 5, 2019 in Portland, OR for disorderly conduct and interfering with a peace officer. According to mugshots.com and bustedmugshots.com she was arrested by Portland Police on May 9, 2019 for robbery, identity theft and fraud. According to her Facebook page, she’s the mother of two children.

Allen Payton contributed to this report.

 

Filed Under: Central County, Crime, News

Four arrested in Richmond for illegal guns, one stolen, one loaded with extended magazine, drugs, driver for DUI

September 18, 2021 By Publisher 2 Comments

Illegal guns seized during traffic stop on Saturday, Sept. 18, 2021. Photo: RPD

During Saturday morning traffic stop

By Richmond Police Department

PROACTIVE POLICING = SAFER STREETS!

Saturday morning, while patrolling the 23rd Street corridor, Officer McDonell saw a car driving without headlights, and conducted a traffic enforcement stop on the vehicle.

Upon contacting the driver, Officer McDonell immediately noticed that the driver appeared to be driving under the influence (DUI). Furthermore, he could see open containers of alcohol and marijuana within the car, which was occupied by four other passengers.

During the course of his investigation, Officer McDonell located three illegal firearms within the car! Not only was one of the guns loaded with an illegal 32-round extended magazine, but a records check revealed that a second gun had been reported stolen out of another local jurisdiction.

The driver, who was under the age of 21, was determined to have been driving under the influence (DUI) with the four passengers in her car. RPD officers provided free rides to RPD jail, where the suspects were booked on multiple DUI, narcotics, and firearms-related charges.

We are relieved that this DUI driver, and the illegal firearms in her car, were intercepted before anyone was potentially injured or killed. We are proud of Officer McDonell’s proactive policing efforts to keep our community safe!

Richmond PD is committed to protecting our community, with a zero-tolerance approach if you are caught driving under the influence. Remember – buzzed driving is drunk driving; PLEASE plan ahead and designate a sober driver!

Filed Under: Crime, News, Police, West County

CHP seeks public help ID’ing suspects in Hwy 24 freeway shooting near Caldecott Tunnel Thursday

September 18, 2021 By Publisher Leave a Comment

By CHP – Oakland

OAKLAND, CA. – On September 16, 2021, at 3:30 p.m., the California Highway Patrol (CHP) received a call of a road rage incident which led to a freeway shooting on eastbound State Route 24 (SR-24), west of the Caldecott Tunnel. CHP officers responded to the scene and located the victim stopped on the right shoulder. The victim vehicle sustained multiple bullet strikes. No injuries were reported.

Traffic was impacted from 3:30 p.m., to 6:00 p.m. while the shooting investigation was being conducted. This remains an ongoing investigation. The CHP asks that any person with information contact the CHP Golden Gate Division tip line at (707) 917-4491, or by email at 30specialinvestigations@chp.ca.gov.

 

Filed Under: Bay Area, CHP, Crime, News

Death of man shot by police in Richmond was at “hands of another person, other than by accident”

September 18, 2021 By Publisher 5 Comments

Suspect’s van rams Oakland Police car on April 16, 2020 injuring two officers. Richmond PD video screenshot.

After pointing gun at police, rammed his car into theirs, injuring two Oakland officers

CORONER’S INQUEST JURY FINDING

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

Deceased kidnapping suspect Juan Ayon-Barraza. Photo by Vallejo PD

Contra Costa County Sheriff-Coroner David Livingston announced that a coroner’s jury Friday, Sept. 17, 2021 reached a finding in the April 16, 2020 death of 24-year-old Juan Carlos Ayon-Barraza of Vacaville. The finding of the jury is that the death is at the hands of another person, other than by accident.

A suspect in the shooting of a Vallejo woman and dumping her body in the Oakland Hills, Ayon-Barraza led police on a chase to Richmond. The suspect pointed his firearm at pursuing officers. Multiple Oakland police officers and a Richmond police officer fired their weapons in defense of their and/or other lives. Simultaneously, the suspect vehicle crossed over into traffic on South 37th Street and Stege Ave. and collided with an Oakland police vehicle. (See Richmond PD video and related article for more details)

Two Oakland police officers were injured during the collision, both considered moderate and non-life threatening. The suspect sustained a fatal gunshot wound during this incident. He was pronounced deceased at the scene. The female victim sustained critical injuries and was transported to a local hospital.

An Oakland Police Officer on the ground in front of the suspect’s van after being one of two struck when he rammed their cars.

The coroner’s jury reached the verdict in the inquest after hearing the testimony of witnesses called by hearing officer Matthew Guichard.

A coroner’s inquest, which Sheriff-Coroner David Livingston convenes in fatal incidents involving peace officers, 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, At the hands of another person, other than by accident.

Allen Payton contributed to this report.

Filed Under: Coroner, Crime, News, Police, West County

Acting U.S. Attorney announces major law enforcement initiative to combat violence, drug distribution by La Nuestra Familia gang

September 17, 2021 By Publisher Leave a Comment

Map of La Nuestra Familia’s Areas of Criminal Influence. Source: FBI San Francisco

“Operation Quiet Storm was one of the largest gang takedowns in FBI San Francisco division’s history,” charges 55 defendants, some from Contra Costa

Acting U.S. Attorney Hinds emphasizes focus on community engagement to root out drivers of violent crime

SAN FRANCISCO – Acting United States Attorney Stephanie M. Hinds held a press conference Thursday to announce the unsealing of federal charges filed against 55 defendants, many of whom were members of, or affiliated with, the Nuestra Familia prison gang and its subservient street gangs.  Acting U.S. Attorney Hinds was joined in making the announcement by Federal Bureau of Investigation Special Agent in Charge Craig D. Fair, Drug Enforcement Administration Special Agent in Charge Wade R. Shannon, California Department of Corrections and Rehabilitation Chief Office of Correctional Safety Derrick Marion, Santa Clara Sheriff Laurie Smith, and San Jose Deputy Chief of Police Elle Washburn.

The focus of the press conference was the unsealing of 17 charging documents, including 14 indictments and 7 criminal complaints, setting out a broad array of charges against the defendants.  DOJ NF indictment 082521 DOJ SJG indictment 081221 DOJ EHP indictment_081221

According to an FBI San Francisco tweet on Thursday, “Operation Quiet Storm was the culmination of more than 5 years of complex investigative work. The gangs targeted in this case are responsible for much of the illicit drug distribution and violent crime that has plagued areas throughout CA.”

“No single defendant is responsible for all the conduct I am describing,” said Hinds. “The charges against each defendant are described in a charging document that is unique to each defendant. By disrupting gang leadership, we reduce violence on our streets.  By removing violent actors and crime drivers from the streets, we make our neighborhoods safer.”

According to the documents unsealed today, La Nuestra Familia – Spanish for “Our Family”– was a prison gang operating in the California state prison system. Falling under the gang’s supervision are Norteño street gangs established in numerous cities and counties, and in jails and prisons, throughout Northern California and elsewhere. Several of the charging documents unsealed Thursday describe various aspects of the gang.  For example, one indictment (here (Leadership)) describes the largely-incarcerated leadership, while another (here (SJG)) describes the activities of a street gang called the San Jose Grande and yet another (here (EHP)) describes a group referred to as El Hoyo Palmas Street Gang. The picture that emerges is one of a violent and structured organization that finances its activities through crime and encourages its members to visit violence upon anyone who threatens the gang’s existence, including members who break gang rules, members who attempt to leave the gang, and rival gang members.

According to the documents unsealed Thursday, of the 55 defendants, 28 individuals were charged with racketeering crimes, while the remaining individuals were charged with drug trafficking and firearms offenses. Conspiracies alleged in the indictments include agreements to distribute drugs including heroine, methamphetamine, and cocaine; to commit armed robberies; and to commit murder.  Additional defendants were charged with other related crimes ranging from drug distribution to armed robbery.

According to a San Diego Union-Tribune report, “Prosecutors said 36 of the defendants were already in state prison and have been moved to federal holding facilities. Authorities have not said how many of the 19 remaining defendants were arrested in law-enforcement sweeps this week.”

Acting U.S. Attorney Hinds emphasized the goal to “fish with a spear, not a net.”

“Working with our federal and state, local, and tribal law enforcement partners, as well as impacted communities, our law enforcement efforts have focused on addressing violent crime-driven by gangs,” said Hinds.  “We will continue to work with our law enforcement partners, as well as members of our community, to identify and address the drivers of crime in our neighborhoods.  We intend to continue to deliver results by focusing on the needs of our communities.”

“Operation Quiet Storm was one of the largest gang takedowns in FBI San Francisco division’s history,” said FBI San Francisco Special Agent in Charge Fair.  “The coordinated efforts of this operation were done with one goal in mind: to disrupt the communications and organizational structure of a criminal network who has terrorized our neighborhoods for far too long.”

“Today’s operation strikes a substantial blow to Nuestra Familia leadership. This investigation revealed the wide-ranging influence of the gang that extends far beyond prison walls. It is clear they have hard and fast rules, and those who run afoul are met with intimidation and violence that spills into our communities,” said DEA Special Agent in Charge Shannon. “We will continue to look at these organizations structurally to disrupt and dismantle them.”

An indictment merely alleges that crimes have been committed, and the defendants are presumed innocent until proven guilty beyond a reasonable doubt.

This case is being prosecuted by the Organized Crime Strike Force of the United States Attorney’s Office for the Northern District of California.  The prosecution is the result of an investigation by the FBI (San Francisco, Sacramento, and Phoenix Divisions) and the DEA, with the assistance of the Santa Clara County Sheriff’s Office, the California Department of Corrections and Rehabilitation, the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Santa Clara County District Attorney’s Office, and the San Jose Police Department, as well as the support of the Alameda County Sheriff’s Office, Antioch Police Department, Campbell Police Department, Fremont Police Department, King’s County Sheriff’s Office, Monterey County Sheriff’s Office, Mountain View Police Department, Sacramento Police Department, Salinas Police Department, Menlo Park Police Department, Santa Clara County Parole Department, Santa Clara County Probation Department, Santa Clara Police Department, Santa Cruz County District Attorney’s Office, Santa Cruz County Sheriff’s Office, Modesto Police Department, San Francisco Police Department, and Stanislaus County Sheriff’s Department, and Sunnyvale Department of Public Safety.

This investigation and prosecution are part of the Organized Crime Drug Enforcement Task Force (“OCDETF”), which identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

 

Filed Under: Bay Area, Crime, East County, News, Police, U S Attorney

Mexican prison gang Nuestra Familia’s leaders, members, associates charged with racketeering including some from Contra Costa

September 17, 2021 By Publisher Leave a Comment

Description of indictment by USDOJ against Nuestra Familia leaders, members and associates on Aug. 25, 2021.

Indictment describes the gang’s nexus of power overseeing thousands of members throughout California; Antioch Police Department assist in investigation

Involved in plots to murder 14 victims, plus robbery, drug trafficking and money laundering

SAN JOSE – A federal grand jury returned an indictment charging 17 defendants with racketeering conspiracy, including acts involving murder, robbery, drug trafficking, and money laundering, and charging five others with drug trafficking-related crimes.  The indictment handed down on August 25, 2021, and unsealed Thursday, September 16, 2021 catalogues a litany of crimes allegedly directed by the Nuestra Familia’s command structure incarcerated in California prisons.  The charging announcement was made by Acting United States Attorney Stephanie Hinds, Federal Bureau of Investigation Special Agent in Charge Crag D. Fair, and Drug Enforcement Administration Special Agent in Charge Wade R. Shannon at a press conference this morning. Also appearing at the press conference were Chief of the Office of Correctional Safety for the California Department of Corrections and Rehabilitation Derrick Marion, Santa Clara Sheriff Laurie Smith, and San Jose Deputy Chief of Police Elle Washburn. DOJ NF_indictment 082521

“The indictment charges all seven of the members who make up the Nuestra Familia’s ruling body: the General Council,” said Acting U.S. Attorney Hinds. “While the physical movement of this leadership was restricted by prison walls, the indictment alleges their power and influence were not so constrained. By disrupting gang leadership, we reduce violence on our streets.  By removing violent actors and crime drivers from the streets, we make our neighborhoods safer.”

“The arrests made yesterday, most significantly the arrests of the Nuestra Familia leadership, will severely cripple the ability of this criminal enterprise to continue to facilitate crimes in communities throughout the state and help break a decades-old cycle of violence,” said FBI San Francisco Special Agent in Charge Fair.

“Today’s operation strikes a substantial blow to Nuestra Familia leadership. This investigation revealed the wide-ranging influence of the gang that extends far beyond prison walls. It is clear they have hard and fast rules, and those who run afoul are met with intimidation and violence that spills into our communities,” said DEA Special Agent in Charge Wade R. Shannon. “We will continue to look at these organizations structurally to disrupt and dismantle them.”

According to the indictment, the 17 racketeering defendants were members and associates of the Nuestra Familia (“NF”) prison gang, a violent and lucrative organization formed in the 1960s.  The NF is alleged in the indictment to be a criminal enterprise that was created to organize, protect, discipline, profit from, and maintain the allegiance of gang members on the streets of and within custodial facilities in California.  As outlined in the indictment, membership in the NF involved a process of sponsorship, approval, and indoctrination.  The perpetration of violence and other crimes was ordinarily a prerequisite to entrance, continued membership, and advancement in the organization.  Once membership was achieved, this membership was for life.  The indictment alleges an NF oath provides: “If I lead, follow. If I stumble, push me. If I fall, avenge me. If I betray you, kill me.”

The indictment also describes the NF’s organizational structure and, in particular, the gang’s governing body: a seven-member “General Council,” made up of three Generals and a four-member Inner Council, which makes significant decisions and oversees the activities of the NF and its subservient gangs.  The indictment outlines each position according to the NF Constitution.  According to the NF Constitution, the Street Regiment General oversees the NF’s “overall street operations.”  The General of the Prisons is responsible for the NF’s “overall pinta [prison] functions,” and the General Advocates Office is the NF’s “justice department.”  Tiered just below these three NF Generals was the Inner Council, which consisted of four senior NF members who served as “advisors” to the Generals and provided a system of checks and balances.  All seven members of the NF’s General Council led the NF organization while incarcerated in the California prison system.  Each is charged in this indictment.

Further, the indictment describes the appointment by these leaders of NF members to positions of power over hierarchical and paramilitary structures called “regiments,” imposed on its gang members operating on the streets in California.  While the NF was composed of a relative few, it exercised control and wielded influence over thousands of subordinate gang members in counties and prisons throughout Northern California using such regiments.  These regiments primarily guaranteed the NF’s vast influence and control over its own and its street gang members, ensured avenues to direct violence and other illicit activity, and secured means for the NF to make money through the commission of criminal activity.

The NF oversaw such regiments in Contra Costa County, Santa Clara County, Monterey County, Santa Cruz County, San Benito County, San Francisco County, San Mateo County, Alameda County, Solano County, San Joaquin County, Fresno County, Kings County, Tulare County, Madera County, Merced County, Kern County, Sacramento County, Yolo County, Humboldt County, Shasta County, Lassen County, Tehama County, Butte County, Yuba County, Sutter County, Lake County, Placer County, and Sonoma County, as well as in Salinas Valley State Prison, Pelican Bay State Prison, Pleasant Valley State Prison, California State Prison – Solano, California State Prison – Sacramento, and High Desert State Prison.

According to the indictment, NF members and associates were involved in plots to kill 14 victims between April 2013 and July 2019 as part of the charged racketeering conspiracy.  The defendants charged in the alleged racketeering conspiracy include the following:

Defendant Age Charges Maximum Statutory Penalty
DAVID CERVANTES aka “DC” 73 18 U.S.C. § 1962(d) – Racketeering Conspiracy Life
ANTONIO GUILLEN aka “Chuco” 55 18 U.S.C. § 1962(d) – Racketeering Conspiracy Life
JAMES PEREZ aka “Conejo”

 

67 18 U.S.C. § 1962(d) – Racketeering Conspiracy Life
SAMUEL LUNA aka “Sammy”

 

46 18 U.S.C. § 1962(d) – Racketeering Conspiracy Life
GUILLERMO SOLORIO aka “Capone”

 

42 18 U.S.C. § 1962(d) – Racketeering Conspiracy Life
TRINIDAD MARTINEZ aka “Trino”

 

41 18 U.S.C. § 1962(d) – Racketeering Conspiracy Life
GEORGE FRANCO aka “Puppet”

 

56 18 U.S.C. § 1962(d) – Racketeering Conspiracy Life
STEVEN TRUJILLO aka “Esteban”

 

56 18 U.S.C. § 1962(d) – Racketeering Conspiracy Life
SALVADOR CASTRO aka “Gangster”

 

51 18 U.S.C. § 1962(d) – Racketeering Conspiracy Life
BRYAN ROBLEDO aka “Turtle” 48 18 U.S.C. § 1962(d) – Racketeering Conspiracy Life
ALEX YRIGOLLEN aka “Sleepy”

 

52 18 U.S.C. § 1962(d) – Racketeering Conspiracy Life
JUAN SOTO aka “Drifter”

 

38 18 U.S.C. § 1962(d) – Racketeering Conspiracy Life
EDGARDO RODRIGUEZ aka “Big Evil”

 

41 18 U.S.C. § 1962(d) – Racketeering Conspiracy Life
ROBERT MALDONADO aka “KJ”

 

46 18 U.S.C. § 1962(d) – Racketeering Conspiracy Life
ERIC ZARATE aka “Baby G”

 

43 18 U.S.C. § 1962(d) – Racketeering Conspiracy Life
ROCKY BRACAMONTE aka “Fox”

 

37 18 U.S.C. § 1962(d) – Racketeering Conspiracy Life
JOSHUA CORTEZ aka “Buddah”

 

28 18 U.S.C. § 1962(d) – Racketeering Conspiracy 20 years

Also charged in the indictment are defendants who allegedly participated in two conspiracies to possess and distribute methamphetamine, one in May of 2019 and the other in September 2020 to March 2021.  The charges pending against these defendants are as follows:

Defendant Age Charges Maximum Statutory Penalty
WILLIAM RODRIGUEZ aka “Negro” 34 21 U.S.C. §§ 846, 841(a)(1), (b)(1)(B) – Conspiracy to Distribute and Possess with Intent to Distribute Methamphetamine At least 5 years, up to 40 years
MARVIN RODRIGUEZ 34 21 U.S.C. §§ 846, 841(a)(1), (b)(1)(B) – Conspiracy to Distribute and Possess with Intent to Distribute Methamphetamine

 

At least 5 years, up to 40 years
CRISTIAN MORA aka “C-Fresh” 28 21 U.S.C. §§ 846, 841(a)(1), (b)(1)(B) – Conspiracy to Distribute and Possess with Intent to Distribute Methamphetamine

 

At least 5 years, up to 40 years
MARTIN JOSEPH RUPPEL JR. 42 21 U.S.C. §§ 846, 841(a)(1), (b)(1)(B) – Conspiracy to Distribute and Possess with Intent to Distribute Methamphetamine

 

At least 5 years, up to 40 years
ANAELISA CUEVAS 35 21 U.S.C. §§ 846, 841(a)(1), (b)(1)(B) – Conspiracy to Distribute and Possess with Intent to Distribute Methamphetamine At least 5 years, up to 40 years

The court also may order additional terms of supervised release, fines, and restitution.  Nevertheless, any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

An indictment merely alleges that crimes have been committed, and the defendants are presumed innocent until proven guilty beyond a reasonable doubt.

The defendants are scheduled to make initial federal court appearances before U.S. Magistrate Court Judge Nathanael Cousins and U.S. Magistrate Court Judge Sallie Kim today.

This case is being prosecuted by the Organized Crime Strike Force of the United States Attorney’s Office for the Northern District of California.  The prosecution is the result of an investigation by the FBI (San Francisco, Sacramento, and Phoenix Divisions), the DEA, the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the U.S. Marshal Service, with the assistance of the Santa Clara County Sheriff’s Office, the California Department of Corrections and Rehabilitation, the Santa Clara County District Attorney’s Office, and the San Jose Police Department, and with support from the Alameda County Sheriff’s Office, Antioch Police Department, Campbell Police Department, Fremont Police Department, King’s County Sheriff’s Office, Monterey County Sheriff’s Office, Mountain View Police Department, Sacramento Police Department, Salinas Police Department, Menlo Park Police Department, Santa Clara County Parole Department, Santa Clara County Probation Department, Santa Clara Police Department, Santa Cruz County District Attorney’s Office, Santa Cruz County Sheriff’s Office, Modesto Police Department, San Francisco Police Department, the Stanislaus County Sheriff’s Department, and Sunnyvale Department of Public Safety.

This investigation and prosecution are part of the Organized Crime Drug Enforcement Task Force (“OCDETF”), which identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

 

Filed Under: Bay Area, Crime, East County, News, Police, U S Attorney

Contractor from Orinda sentenced to two years in federal prison for bribing SF public official over seven years

September 17, 2021 By Publisher Leave a Comment

Also fined $127,000; defendant bribed former SF DPW Director Mohammed Nuru with money, meals and gifts – including a tractor

“Varela’s conduct with Nuru was business as usual for Varela.”

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

SAN FRANCISCO – Alan Varela was sentenced Thursday, Sept. 16, 2021 in federal court to 24 months in prison and ordered to pay a $127,000 fine for a seven-year conspiracy to commit honest services wire fraud by bribing a San Francisco public official, announced Acting United States Attorney Stephanie M. Hinds and Federal Bureau of Investigation Special Agent in Charge Craig D. Fair.  The sentence was handed down by the Honorable William H. Orrick, United States District Judge.

A federal complaint filed September 17, 2020, charged Varela, 60, of Orinda, and William Gilmartin, 61, of San Mateo, with bribery of a public official.  In 1991, Varela founded ProVen Management, a Bay Area civil engineering and construction firm that engaged in large scale infrastructure projects.  Varela and Gilmartin acted as the firm’s president and vice-president, respectively, during the conspiracy time period.  According to the complaint, Varela and Gilmartin provided a stream of benefits to Mohammed Nuru, then the Director of San Francisco’s Department of Public Works (DPW), in exchange for favorable treatment of their business interests, including non-public inside information.

Upon entering his guilty plea to conspiring to commit honest services wire fraud on May 27, 2021, Varela described in his plea agreement his role in the bribery conspiracy of then-DPW Director Nuru.  The bribery’s goal was to use Nuru’s prominence as a powerful San Francisco public official to ensure the success of Varela and his co-conspirators’ business ventures.  Nuru’s position as DPW Director provided him with great influence over San Francisco public contracts, permits, and construction projects, as well as over other City departments and private companies seeking DPW contracts.  In his plea agreement, Varela admitted that for seven years, from 2013 until the day of Nuru’s arrest on federal charges January 27, 2020, he conspired with his co-defendant Gilmartin, with Balmore Hernandez – a construction company CEO who pled guilty earlier and is cooperating with the FBI – and with others to pay bribes to Nuru consisting of cash, free meals and entertainment, equipment for Nuru’s ranch, and the prospect of a cut of future profits from expected City contracts.

Varela’s plea agreement detailed a scheme in which he and his co-conspirators focused on winning a lucrative DPW contract and its related Port of San Francisco lease to operate an asphalt recycling plant and a concrete plant on the Port’s land.  The plea agreement describes that Nuru agreed, in exchange for cash and other valuables, to use his official position to get Varela and his co-conspirators’ proposal selected.  Gilmartin arranged to compensate Nuru by asking an unnamed company to award a $100,000 contract to Hernandez and, in turn, Hernandez used the contract’s proceeds for Nuru.  For his part, Nuru sent early drafts of San Francisco’s Request for Proposals for the project and other inside information to the conspirators to improve their likelihood of being selected.  Nuru also regularly discussed the plans and inside information with Gilmartin and Hernandez over expensive restaurant dinners, always paid for by Gilmartin and ultimately totaling approximately $20,000.

The conspirators’ proposal was selected in September 2015.  According to the plea agreement, Nuru continued to meet with the group to supply additional inside information during the expensive meals paid for by Gilmartin.  At one of their meetings, Nuru requested a tractor for his ranch.  Varela coordinated with Gilmartin and Hernandez to deliver the tractor to Nuru.

Nuru was arrested on federal bribery-related charges on January 27, 2020, before the negotiations to finalize the asphalt recycling plant agreements with DPW and the Port of San Francisco reached completion.

In a filed memorandum addressing Varela’s sentencing, the government argued that Varela’s conduct with Nuru was business as usual for Varela.  The government asserted that Varela, whose business success had gained him a life of luxury including 50 acres in Napa, for years facilitated a casual culture of corruption, a culture that ultimately undermines the public’s faith in their government and the rule of law.  Elaborating on the tractor bribe, the sentencing memorandum points out that the value of the new John Deere tractor, including its attachments, approximated $40,000.  Varela lined up the purchase of the tractor and rushed to get it delivered to Nuru at Nuru’s ranch on February 18, 2019.  The delivery led to Nuru to happily text “Work begins at the ranch” along with a photo of the tractor being unloaded at his ranch. The government, after outlining this and other acts of bribery, submitted a sentence recommendation of 30 months imprisonment.

This case is part of a larger federal investigation targeting public corruption in the City and County of San Francisco.  To date, eleven individuals have been charged, including two high-ranking San Francisco public officials, Mohammed Nuru and Harlan Kelly.  Multiple city contractors and facilitators have been charged.  According to the charges earlier filed against Mohammed Nuru and others, Nuru allegedly took hundreds of thousands of dollars in bribes in cash, meals, and work on his vacation home from contractors who obtained San Francisco public contracts.  Allegations in the complaint filed against Harlan Kelly assert he received thousands of dollars in airfare, meals, jewelry, and travel expenses, along with repair work on his house.

In addition to the prison term and fine, United States District Judge Orrick also sentenced the defendant to a three-year period of supervised release.  Varela will begin serving his sentence on January 2022.

The case is being prosecuted by the Corporate and Securities Fraud section of the U.S. Attorney’s Office. The case is being investigated by the FBI.

 

Filed Under: Crime, Lamorinda, News, U S Attorney

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