Contra Costa Herald

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

Sheriff’s Deputies arrest Richmond man for murder of older brother from Concord Sunday

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

On Sunday, January 3, 2021, at about 7:02 PM, Bay Station Deputy Sheriffs were dispatched to a home on the 1700 block of Lettia Road in the Montalvin Manor neighborhood for a medical-police call.

A resident reported that her injured son was unresponsive. Deputies arrived and started CPR on the victim. Other deputies conducted a protective sweep of the residence.

An ambulance arrived on scene and later pronounced the victim deceased. He is identified as 42-year-old Edward Mosqueda of Concord.

During the investigation, the brother of the victim was identified as the suspect. He was located by deputies several blocks away. He was arrested without incident. He is identified as 39-year-old Jason Mosqueda of Richmond. He was interviewed by homicide detectives and later booked into the Martinez Detention Facility.

Mosqueda is being held on the following charges: murder and violation of a protective order. In addition, he had arrest warrants for domestic violence, elder abuse, stalking, and violation of a protective order. He is being held in lieu of $1 million bail.

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

 

Feds charge Antioch nurse with possession of child pornography

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In addition to charges filed by Contra Costa DA

Shawn Jamison Prichard. Photo: CCDA

OAKLAND –Shawn Jamison Prichard was charged in a criminal complaint with possession of child pornography announced United States Attorney David L. Anderson and Homeland Security Investigations (HSI) Special Agent in Charge Tatum King.

That’s in addition to the charges filed against him by the Contra Costa County District Attorney’s Office on December 10th. (See related article) (See related article)

According to the complaint filed December 22, 2020, and unsealed this morning, Prichard, 41, of Antioch, allegedly possessed at least one image of child pornography involving the use of a prepubescent minor engaged in sexually explicit conduct.  Prichard is a licensed nurse in California.  The criminal investigation in this case began with a tip from a social media company based on defendant’s use of a messaging service to send images of child pornography. Prichard is charged with possession of child pornography, in violation of 18 U.S.C. § 2252.

Prichard made his initial federal court appearance in federal court this morning before U.S. Magistrate Judge Susan van Keulen.  His next appearance is a detention hearing scheduled for December 29, 2020, at 10:30 a.m., before U.S. Magistrate Judge Laurel Beeler.

A criminal complaint merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt.  If convicted, the defendant faces a maximum sentence of 10 years (20 years if the images depict pre-pubescent children), and a fine of $250,000, plus restitution, if appropriate.  However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

Assistant U.S. Attorney Jonathan U. Lee is prosecuting the case with the assistance of Jessica Rodriguez Gonzalez and Kathleen Turner.  The prosecution is the result of an investigation by the Silicon Valley Internet Crimes Against Children Task Force and HSI.

Allen Payton contributed to this report.

Contra Costa DA: Pittsburg Police Officers lawfully shot, killed man during 2018 standoff

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Following domestic dispute and high speed chase

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

The Contra Costa County District Attorney’s Office concludes that use of deadly force in the 2018 officer involved shooting (OIS) of Salvador Morales, by Officer Kyle Baker, Sgt. Gabriel Palma, Sgt. William Hatcher, Sgt. Charles Blazer and Corporal Alex McCray was a lawful response, and was legally justified. The DA’s Office released a public report about the shooting today, Monday, Dec. 28.

That follows an April 2019 Coroner’s Inquest Jury determination that Morales died at the hands of another person, other than by accident. (See related article)

On October 22, 2018, Morales took his wife and baby son hostage. A family member attempted to intervene in the situation, but Morales drew a handgun and shot him. Morales then fled the scene and kidnapped his wife and baby son at gunpoint. Pittsburg Police officers attempted to conduct a traffic stop on his car, however, Morales refused to stop and led the officers on a 27-minute high speed chase.

Morales eventually arrived at his residence and Pittsburg Police officers negotiated with Morales for over two hours in an effort to get him to surrender. Twice he walked out of the home pointing a handgun at his head. When he refused to comply with the officer’s orders to surrender, (name the officer) fired a non-lethal, beanbag round at him in the hope of getting Morales to surrender without using deadly force. Unfortunately, the beanbag round did not stop Morales. After he was hit with the beanbag round, Morales raised his firearm and fired one bullet towards the responding officers. In turn, officers returned fire and ultimately Morales succumbed to his gunshot wounds.

The release of this report is the first under a new policy for any officer-involved shooting that results in a fatality if the DA’s Office does not file criminal charges against an officer. The DA’s Office has never consistently released reports about fatal law enforcement incidents and has never released a comprehensive report of this kind.

A criminal prosecution of the involved officers would require proof beyond a reasonable doubt that the officers were not justified in using deadly force. The DA’s Office’s conclusion that under the circumstances presented to these officers in this case, a reasonable juror would not make such a finding.

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 investigation is to determine if there is proof beyond a reasonable doubt that a law enforcement official committed a crime in connection with the shooting.

The OIS public report is available on our website.

Allen Payton contributed to this report.

Three arrested in Tuesday night San Pablo drive-by shooting

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Photos by San Pablo Police Department.

Two suspects from San Pablo, one from Richmond

Photo: SPPD

By San Pablo Police Department

On December 22, 2020, at 10:11 p.m., officers responded to a ShotSpotter activation of reported gunshots in the 1400 block of 23rd Street in San Pablo. Officers arrived and found two adult victims suffering from gunshot wounds. Both victims were transported to nearby hospitals for their injuries and are expected to survive. It was reported this was a drive-by shooting and the suspects had fled the scene.

SPPD Detectives responded to assume the investigation. With the assistance of the San Pablo Public Safety Cameras, Detectives were able to quickly identify the suspects as Darius Markel Buie (20-years old) of San Pablo, Thomas Angelo Trevino (20-years old) of San Pablo and Brian Michael Banuelos (18-years old) of Richmond. It is believed the suspects knew the victims as there was an ongoing dispute surrounding a dating relationship with another party.

On Wednesday, December 23, at 2:47 p.m., Buie was arrested in the area of Shasta Avenue at Yuba Avenue in San Pablo. Later at 3:38 p.m., Trevino and Banuelos were arrested in the 1300 block of Esmond Avenue in Richmond. Investigators impounded the vehicle used during the crime; a 1994 Burgundy Buick Park Avenue. The firearm suspected to have been used during the commission of the crime, a fully automatic 9mm handgun with a high-capacity magazine, was also recovered during the operation.

All three suspects were subsequently booked into Martinez Detention Facility on charges of conspiracy, and attempted murder with special circumstances (drive-by shooting). Banuelos had the additional charge of an illegal weapons possession for the automatic firearm. The case will be presented to the Contra Costa Office of the District Attorney for review and formal charging.

The San Pablo Investigations Unit is investigating this incident. Anyone with information in this case is encouraged to contact the San Pablo Police Department at 510-215-3150. All callers can remain anonymous.

We want to recognize the men and women of our Investigations Division for yet another example of exceptional police work! #WeAreSanPablo

 

 

Pittsburg man pleads guilty to multiple felonies including July 2020 carjacking, attempted murder

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

On December 18, 2020, Gilberto Villegas of Pittsburg (42-years-old) pleaded no contest Attempted Murder and Carjacking related to his violent attacks on multiple victims over a two-day period in Antioch and Pittsburg during late July of 2020. Villegas also admitted to causing great bodily injury and to having a prior violent felony/ strike offense. In total, Villegas will serve 18 years in state prison for his crimes.

On the evening of July 25, 2020, Villegas approached Jane Doe 1 in a parking lot at her place of work. He pulled up his car next to the victim’s, waited until she exited the vehicle and demanded her car keys. She had attempted to leave her car and escape, Villegas brought her back to her car using physical force. The Victim then threw her car keys away in an effort to end the attempted carjacking. Villegas responded by using his own car keys to stab the victim in the neck multiple times. Fortunately, a witness came upon the attack and yelled at the defendant. He then broke off his attack and fled in his own vehicle.

The next day, Villegas approached another female victim, Jane Doe 2, in a parking lot where the victim worked. The Victim was in her car during her lunch break. He proceeded to open her car door while she was inside her vehicle and strangled her to the point where she lost consciousness. After he pushed her out the vehicle, Villegas then started the victim’s car and tried to run her over. Co-workers intervened and Villegas fled the parking lot in Jane Doe 2’s car.

As part of the criminal complaint filing against Villegas, he had a prior violent felony for a 2015 conviction for a robbery with the use of a weapon.

The case was prosecuted by Deputy District Attorney Chris Sansoe of the Victims of Violent Crimes Unit. The cases involving Villegas were investigated by the Antioch and Pittsburg Police Departments.

Case information: People v. Gilberto Villegas Docket Number 04-200031-3 and 04-200067-7.

Contra Costa DA Becton issues new policy on civil asset forfeiture cases

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Doubles minimum cash amount to $1,000; notices must be issued in multiple languages; plus more requirements

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

Martinez, Calif. – Today, Dec. 15, 2020, Contra Costa County District Attorney Diana Becton formalized a new policy for civil asset forfeiture cases within the DA’s Office. In June 2019, DA Becton implemented an interim policy to address growing concerns with certain types of civil asset forfeiture cases. This interim policy is now permanent for the DA’s Office and applies to the entire county. Civil asset forfeiture cases are a civil procedure for law enforcement to seize cash and other property from suspects alleged to have ties to drug trafficking and drug sales.

The policy covers the following items:

  • A new threshold for any case, the amount seized must total at minimum $1,000 for the DA’s Office to consider using the civil asset forfeiture process. Previously, under prior administrations, the amount seized could be as low as $500 for the office to initiate civil asset forfeiture proceedings.
  • The seizing law enforcement agency must serve a Notice of Non-Judicial Forfeiture Proceedings and a Claim Opposing Forfeiture on any person who has, or may have, an interest in the seized property. Under this new policy and for the first-time, this notice is now required to be translated into multiple languages, including Spanish and Mandarin.
  • A criminal case will accompany any civil asset forfeiture proceeding. This will align the DA’s Office charging standards to mirror all criminal cases. Some exceptions include:
  • If the property is abandoned or not claimed, then our policy would not apply.
  • Where the property subject to forfeiture is claimed by a third party who does not appear to own the property or have an interest in the property.

“The community rightfully has tremendous concerns about the use of the civil asset forfeiture process by law enforcement. I have listened to the concerns and instituted this new policy on a permanent basis. We must only use civil asset forfeiture when absolutely necessary and in conjunction with a criminal case,” Becton stated.

Antioch man charged with distribution and aggravated possession of child pornography

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

Shawn Jamison Prichard. Photo: CCDA

Martinez, Calif. – On Thursday, December 10, 2020, the Contra Costa County District Attorney’s Office filed felony child pornography charges against 41-year-old Antioch resident Shawn Jamison Prichard. Prichard is charged with three counts of distribution of child pornography and one count of aggravated possession of child pornography.

Aggravated possession is defined as any person who, with knowledge of its contents, possesses one hundred (100) or more separate materials depicting child pornography shall be, upon conviction, guilty of aggravated possession of child pornography.

On December 9, 2020, the Internet Crimes Against Children Task Force served a search warrant in the 2400 block of Mammoth Way in Antioch. During the service of the search warrant, several items of digital evidence were reviewed which contained child pornography. As a result, Prichard was taken into custody and booked the Martinez Detention Facility. Prichard’s bail was set by the court at $1,000,000. Prichard remains in the custody of the Contra Costa County Sheriff’s Office. Prichard appeared in court for his arraignment on Friday December 11, 2020.

The Silicon Valley Internet Crimes Against Children Task Force is managed by the San Jose Police Department. In Contra Costa County, detectives and investigators from the Walnut Creek, Concord, Martinez, Brentwood and Moraga Police Departments, the Contra Costa County Sheriff’s Office, Contra Costa County Probation Department and Contra Costa County District Attorney’s Office participate in the task force along with Special Agents from the United States Department of Homeland Security and the United States Secret Service.

Parents are encouraged to discuss online safety with their children and can visit the website www.kidsmartz.org for further information. If you believe your school or community organization would benefit from a smartphone and social media awareness presentation, please contact the District Attorney’s Office at DA-Office@contracostada.org.

Anyone with information about this investigation is encouraged to contact Senior Inspector Darryl Holcombe at 925-957-8757 or dholcombe@contracostada.org.

Case information: People v. Prichard Docket Number 04-200770-6

Allen Payton contributed to this report.

Suspicious death of North Richmond man in Tuesday fire classified as a homicide

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

The autopsy to determine the cause of death for Virillio Patino-Cruz whose body was found in a North Richmond house fire Tuesday, took place Wednesday. The cause of death of the 23-year-old North Richmond man is listed as carbon dioxide intoxication due to smoke inhalation. The Investigation Division has now classified the case as a homicide. (See related article)

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

Pittsburg man charged with selling Fentanyl-laced pills that killed buyer in Walnut Creek

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Fentanyl overdose kills young adult who ingested counterfeit oxycodone pills

SAN FRANCISCO – The United States Attorney’s Office charged Gage Pascoe with the distribution of pills containing fentanyl that resulted in the overdose death of his customer, announced United States Attorney David L. Anderson and Special Agent in Charge Daniel C. Comeaux, Drug Enforcement Administration (DEA).

The federal complaint alleges that Pascoe, 22, of Pittsburg, California, sold counterfeit pills that appeared to be Oxycodone but instead contained the lethal drug fentanyl.  The young adult customer purchased the pills from Pascoe and shortly after taking the apparent Oxycodone pills at a Walnut Creek home died from an overdose of fentanyl.

“This sad, tragic death shows how easy it is to die from drugs bought from drug dealers,” said U.S. Attorney Anderson.  “Counterfeit pills marked and sold as one drug, such as Oxycodone pills with “M30” stamps, commonly contain fentanyl instead.  Even a tiny amount of fentanyl is deadly.  Drug buyers must be aware that pills bought from drug dealers may be laced with fentanyl.  Drug dealers should know we vigorously prosecute those who sell drugs that cause fentanyl overdoses.”

“Fentanyl is cheap, man-made and potent. Overdose can occur in the smallest amount and in this case it left a family with unimaginable loss,” stated DEA Special Agent in Charge Daniel C. Comeaux. “We will pursue those who distribute this deadly drug and continue to seek justice for those lives that have been lost.”

The complaint charging Pascoe describes how he was a repeat dealer of illegal drugs to the victim.  The complaint outlines that Pascoe communicated in the days before the death through a series of text messages with the victim, who he knew from attending the same high school, to sell Oxycodone to the victim.  The texts, outlined in the complaint, show that Pascoe offered “more oxy” to his victim customer and they eventually met up in Pittsburg at night for Pascoe to sell the purported Oxycodone pills to the victim.  The next day, June 17, 2020, the victim was found dead at a Walnut Creek home.  The complaint describes how the victim’s father found pills in the victim’s room with “M30” stamped on them, which is a common stamp on counterfeit Oxycodone pills containing fentanyl.  A lab analysis found those pills to contain fentanyl.  As the complaint further describes, an analysis of the victim’s body showed the victim died from a fatal fentanyl overdose.

Pascoe was arrested on Saturday, December 5, 2020, and made an initial appearance today in San Francisco federal court before United States Magistrate Judge Laurel Beeler.  Pascoe is currently being held in custody pending further proceedings.  He is scheduled to appear for a detention hearing before United States Magistrate Laurel Beeler on December 14, 2020, at 10:30 am.

The charges contained in the criminal complaint are mere allegations.  As in any criminal case, the defendant is presumed innocent unless and until proven guilty in a court of law.

Pascoe is charged with one count of distribution of fentanyl resulting in death or great physical injury, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C).  If convicted of this count, he faces a maximum penalty of life in prison and a mandatory minimum of 20 years in prison, and a maximum fine of $1,000,000.  However, 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.

The case is being prosecuted by the Organized Crime Drug Enforcement Task Force (OCDETF) of the United States Attorney’s Office for the Northern District of California. The investigation of this case was conducted by the Drug Enforcement Administration, the Concord Police Department, and the Walnut Creek Police Department.

This investigation and prosecution is part of 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.

Read the criminal complaint, here.

 

Writer, private investigator questions investigation, prosecution in 15-year-old murder of Lafayette woman

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She was the wife of a famous attorney; writer claims neighbor was falsely accused and wrongly convicted, case should be investigated by DA’s Conviction Integrity Unit

Dear Editor:

Fifteen years ago, Lafayette resident Pamela Vitale was repeatedly and savagely bludgeoned, and stabbed numerous times within her home by those responsible for her violent death. I believe, and am of the opinion, that it was an incomplete, flawed, inadequate, and unfortunately misdirected investigation(s), initial defenses and prosecution. In the investigations’ haste the neighborhood’s poor teenager, Scott Dyleski, was quickly and questionably focused on as being the responsible party, to the exclusion of any others, even though law enforcement’s own leads and evidence suggested someone else, perhaps even two others, was/were responsible for her brutal death.

Vitale was the wife of famed attorney David Horowitz and friend of television host and legal commentator, Nancy Grace, who ran an episode about the case during a TV show, last year. Horowitz was an early suspect in the murder.

It is my opinion and belief that this murder case, with some notoriety involved, was where much investigative evidence was ignored and/or discounted in order to quickly bring someone forward as the responsible before the numerous news media and press that had pounced on the case. Scott Dyleski unfortunately was brought before the public and prosecuted as the responsible!

Years ago, I was hired by Scott Dyleski’s two appeals attorneys for the purposes of assisting them in their representation of Scott Dyleski’s conviction appeals and defense. it was my impression then, and still is, that the killing of Pamela Vitale was a personal rage type of murder by one who closely interacted with and knew her.

This very brief summary position is of my case analysis, evidence, investigation, opinion and beliefs, concerning the then investigations, defense and prosecution of the quickly suspected, accused, and I believe wrongly convicted Scott Dyleski in the vicious murder of Pamela Vitale. Scott Dyleski has been incarcerated for 15 years for a crime that he is seriously believed to NOT have committed, with the responsible(s) having yet to be clearly identified by law enforcement, held accountable, or brought to justice.

There’s so much that the case suggests and points to as to the sequence of events that fateful day. One significant part is, I truly believe, based upon the information and evidence, that the brutal victimization of Pamela Vitale was not a single continuation of events. No, the evidence points to there having been separate phases that ultimately led to her violent and savage unwarranted death. This I say with my own 50-plus years of hands-on public safety investigative training and experiences, which includes numerous Homicide investigations. I have been a state certified Homicide Investigator since 1980.

The Contra Costa County District Attorney’s Office reported in June 2019 that it had established the Conviction Integrity Unit to review cases where it’s suspected that someone may have been convicted of a crime that they did not commit. I quickly submitted a request in writing to the D.A.’s unit and to the Public Defender’s Office over a year ago. I haven’t heard from them since. This case definitely cries out for such reopening and renewed investigation of the case, including both the defense’s and prosecution’s involvements. I believe, and am of the opinion, that it was a serious injustice and unfortunately misdirected case investigation(s), his defense and prosecution.

It is my opinion and belief that this case cries out for a full and proper reopening and re-investigation of the case, including the activities of the police, the defense’s and the prosecution’s involvements. Not only is Scott Dyleski the loser in all of this but so is the foundation of our society wherein we all are entitled to a just and equal expectation of a fair, complete, and unbiased administration of Justice. Pamela Vitale’s death and Scott Dyleski deserve real Justice!

Your assistance in demanding such from the D.A.’s Office and Public Defender’s Office is more than warranted. Fifteen years of Scott’s young life has already been denied him and he still faces many more if this very serious matter is again just ignored by all. Her murder deserves that the whole truth is determined, not ignored! And those really responsible should be brought to justice!

Ralph A. Hernandez

Antioch