Contra Costa Herald

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

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

 

Danville police officer convicted for shooting death of man during 2018 car chase

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

Faced up to 22 years in state prison; DA Becton touts conviction on her re-election campaign social media, Sheriff Livingston asks her to remove it

By Allen Payton

A Danville police officer was convicted Tuesday of assault with a firearm in the shooting death of a 32-year-old man during a car chase on Nov. 3, 2018. But the jury did not convict him of the more serious charge of felony voluntary manslaughter. Officer Andrew Hall was accused of shooting and killing Laudemer Arboleda, of Newark, as he drove his car between two police cars. (See critical incident video)

According to the initial report from the Contra Costa Sheriff’s Office, at the intersection of Front Street and Diablo Road in Danville, Arboleda attempted to run over Hall, who fired his weapon at the vehicle. Officer Hall shot at Arboleda, a Black man, and struck him nine times during the slow-moving vehicle pursuit. (See related articles here, here, here and here)

However, it wasn’t until April 21, 2021 that Contra Costa District Attorney Diana Becton filed charges against Hall, the same day the video was released of him shooting another suspect, Tyrell Wilson, also Black, who was first accused of throwing rocks onto I-680, then held a knife in his hands and advanced toward Hall, on March 11, 2021. Wilson died a week later at an area hospital. (See related articles here, here and here).

Becton issued the following statement regarding the guilty verdict:

“Today’s guilty verdict holds accountable defendant Andrew Hall for his excessive use of force in the fatal shooting of Laudemer Arboleda. Deputy Hall’s actions were not only a crime, but they tarnished the badge and they harmed the reputation of all the good, hard working police officers that work for our community. My Office extends our condolences to the family of Mr. Arboleda. With regards to the voluntary manslaughter count, we will take the matter under review to determine the appropriate next steps.”

The Danville Police Department is a contract agency with the Contra Costa County Sheriff’s Office. Sheriff David Livingston also issued a statement following the trial.

“Although I wish the jury had returned a not-guilty verdict on all counts, I respect their service. We ask our officers to make split-second decisions and many of the jurors understood that,” said Livingston. “I urge DA Becton not to retry this case. I also urge her to take down the posts on her reelection campaign social media where she touts this prosecution.”

Hall could have faced 22 years in state prison if convicted on both charges.

Case information: People v. Andrew Albert Hall, Docket 01-195930-3