Contra Costa Herald

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

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

By 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.

 

Richmond man pleads guilty to producing child pornography

By 1 Comment

Defendant recorded videos of him having sex with 16-year-old girl; admits to other sex crimes; faces 15 to 30 years in prison and $250,000 fine

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

OAKLAND – Ranbir Singh pleaded guilty Wednesday, Sept. 15, 2021 in federal court in Oakland to the production of child pornography, announced Acting United States Attorney Stephanie M. Hinds and Homeland Security Investigations Special Agent in Charge Tatum King.

In his plea agreement, Singh, 47, of Richmond, admitted that on March 13, 2013, he had sexual intercourse in an Alameda County hotel room with a female whom he knew to be 16 years old at the time.  The plea agreement describes that Singh set up a video camera in the hotel room before the intercourse began.  Singh admitted that he persuaded the minor female to engage in sexual intercourse for the purpose of recording it.  He made multiple video recordings of his sex with the minor female over the next several hours.  At one point the minor female protested the ongoing sexual intercourse, but Singh continued despite her protests.  During the recordings of the sexual acts, Singh admitted that he positioned the camera so that the video would record the sexual acts.

Singh also admitted in his plea agreement that earlier, in January 2013, he video recorded the same minor female sitting in a car’s backseat with her hands restrained behind her back by handcuffs.  She was topless.

Singh further admitted that in May 2013 he traveled with a different minor female to a casino hotel in Placer County.  Singh admits that he knew this female was a minor.  The plea agreement describes that in a hotel room at the casino Singh had sexual intercourse with the minor female, after he showed her a video he recorded depicting his sexual intercourse with the minor female in the Alameda County hotel room on March 13, 2013.

The initial federal charges were brought against Singh in a complaint filed March 1, 2021.  The complaint reflects that the investigation began when the two minor female victims came forward, though initially they did not know Singh’s true name, and later developed when the sexually explicit videos were discovered.

Singh was indicted on March 23, 2021, on the charge of production of child pornography in violation of 18 U.S.C. 2251(a).  The maximum penalty for a violation of production of child pornography in violation of 18 U.S.C. 2251(a) is imprisonment for 30 years, with a minimum mandatory term of imprisonment of 15 years, and a fine of $250,000.  However, any sentence will be imposed by a court only after the court’s consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

Singh’s sentencing hearing is scheduled for December 8, 2021, in Oakland federal court before the Honorable Haywood S. Gilliam, Jr., United States District Judge.  Singh remains in custody awaiting sentencing.

According to localcrimenews.com, Singh was also arrested by Richmond Police in January for Disobeying a Domestic Relations Court Order.

Jonathan U. Lee is the Assistant U.S. Attorney who is prosecuting the case, with the assistance of Leeya Kekona, Kay Konopaske, and Kathleen Turner.  The prosecution is the result of an investigation by Homeland Security Investigations and the Richmond Police Department.

Allen Payton contributed to this report.

 

Man in stolen truck from Antioch leads CHP on wrong-way pursuit, arrested Tuesday

By Leave a Comment

Stolen Antioch truck heads the wrong way on the eastbound Hillcrest Avenue offramp of Hwy 4 on Tuesday, Sept. 14, 2021. CHP video screenshot.

By CHP Golden Gate Division Air Operations

Stolen truck on railroad tracks in Pittsburg on Tuesday, Sept. 14, 2021. CHP video screenshot.

On the morning of September 14 2021, CHP airplane A-31 was returning to the Napa airport, when it’s onboard sensors detected a stolen vehicle in the Antioch area due to a LoJack stolen vehicle recovery system that utilizes GPS to locate users’ vehicles. A-31 began a search of the area, eventually locating the vehicle on city streets. (See video)

When ground units were requested to make an enforcement stop, the truck fled at a high rate of speed. The driver drove wrong way on surface streets and the freeway, entering Hwy 4 at the eastbound Hillcrest Avenue offramp. He exited the freeway on the eastbound onramp at Lone Tree Way, crossed under the overpass and re-entered westbound Hwy 4 in the correct direction. The driver then exited at Loveridge Road in Pittsburg. At one point, becoming lodged on railroad tracks just north of the Antioch-Pittsburg Hwy aka W. 10th Street.

Driver and occupants flee stolen trucks on Tuesday, Sept. 14, 2021. CHP video screenshot.

Eventually the occupants fled from the vehicle in a residential neighborhood and A-31 was able to track the driver to a backyard where he was apprehended.

Allen Payton contributed to this report.

Richmond man Sentenced to 27 years in prison for 2018 first degree residential robbery in Brentwood

By Leave a Comment

Convicted felon with a two-decade history of violence, weapons violations, theft, attempted murder and resisting arrest.

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

Last week, defendant Paul Simmons (Muscat) of Richmond was sentenced to 27 years in state prison by the Honorable John Cope for the first degree, residential robbery of a female victim. On August 12, 2021, a Contra Costa County jury found Simmons guilty as charged for two felonies. The second felony was first degree burglary with a person present– both offenses were committed in 2018. The jury also found true the enhancements listed in the first charge against Simmons, use of a firearm. (See related article)

“What the victim experienced that morning is anyone’s worst nightmare—the defendant put her behind the barrel of a handgun, in her own bedroom, just feet away from her one- and three-year-old daughters. The evidence was overwhelming—after once trying to take the life of victim’s husband, the defendant tracked her down, invaded her home, and forever robbed her family of their sense of safety. The victim’s bravery, the first-rate investigation by Brentwood and Livermore PD, the jury’s verdict, and the Court’s well-reasoned sentence may finally help this family begin to feel safe again in their own home,” Deputy District Attorney Amy Bailey stated. DDA Bailey prosecuted the case on behalf of the People.

In the early morning of September 17, 2018, the victim woke up in her Brentwood home with her two young daughters when she noticed someone in her bathroom behind a curtain. She quickly realized the person in her bedroom was not her husband. The defendant was wearing a mask, armed with a handgun he stole from the victim’s closet. The defendant pointed the handgun at the victim and directed her downstairs. She was able to escape from him and she went up to her bedroom with her children to hide.

While the victim and her children hid in a closet, the defendant fled with multiple items from her home, including three of her husband’s firearms, an Apple Watch, Beats headphones, car keys and ammunition. The police investigation, conducted by the Brentwood Police Department, determined Simmons entered the victim’s garage first, then entered the home and eventually in the victim’s bedroom. The investigation also determined that Simmons searched for blueprints of the victim’s home days before he committed the robbery.

Five days later, the defendant was arrested by Livermore Police Department officers after he was inside a Rite Aid acting in a suspicious manner. The defendant was casing the Rite Aid and wearing a disguise and gave a fake name to the police. Police located some of the items from the victim’s home, including the victim’s husband’s handgun. The Livermore investigation also connected Simmons to a string of other burglaries in Livermore for which the defendant was convicted in Alameda County.

Five years before this robbery, the defendant tried to kill the victim’s then boyfriend, now husband in Livermore. Due to this shooting, the defendant was convicted of a serious felony, assault with a firearm. This 2014 conviction is a strike, and the judge imposed the strike during the sentencing of this case.

Case information: People v. Paul Victor Simmons (Muscat), Docket Number 05-200286-3.

San Quentin prison guard from Pittsburg, two others charged in Death Row contraband smuggling scheme

By 4 Comments

San Quentin State Prison. Photo by CA Dept. of Corrections.

“The charge carries a maximum sentence of 20 years in prison and a $250,000 fine.”

SAN FRANCISCO – Keith Christopher and Isaiah Wells appeared in federal court today to face the charge of conspiracy to commit honest services fraud using interstate wires, announced Acting United States Attorney Stephanie M. Hinds and Federal Bureau of Investigation Special Agent in Charge Craig D. Fair.  A third co-defendant, Tanisa Smith-Symes, will appear tomorrow in federal court in Las Vegas, Nevada, where she was arrested today.

According to the complaint, Christopher, 37, of Pittsburg, California, Smith-Symes, 45, of Las Vegas, Nevada, and Wells, 32, of Tracy, California, conspired to smuggle cell phones into San Quentin State Prison’s East Block, where condemned inmates are housed.  Cell phones create safety and security risks for prison employees and other inmates, and state law deems them contraband and prohibits their possession by inmates.  Christopher is a Corrections Officer at San Quentin State Prison in Marin County.  The complaint alleges that Smith-Symes worked with a Death Row inmate with whom she had a relationship to obtain the contraband phones and ship them to Wells, who then provided the phones to Christopher, who in turn smuggled them into the prison.  Using this scheme, the complaint alleges that the conspirators successfully smuggled at least 25 phones into the prison and that the inmate working with Smith-Symes sold the phones inside the prison for up to $900 each.  Smith-Symes sent bribery payments to Christopher through Wells and others whom Christopher had appointed to receive the money.  The complaint further alleges that Christopher charged $500 as payment for each phone he smuggled into the prison.

The complaint filed against Christopher, Smith-Symes, and Wells charges each defendant with one count of conspiracy to commit honest services fraud using interstate wires in violation of 18 USC §§ 1343, 1346, and 1349.  The charge carries a maximum sentence of 20 years in prison and a $250,000 fine.  Any sentence following conviction, however, is imposed by a court only after the court’s consideration of the United States Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 USC § 3553.

Christopher and Wells appeared today on the charges before United States Magistrate Judge Sallie Kim, who sits in San Francisco.  They were released on bond and are scheduled to next appear in federal court on September 17, 2021.

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

The prosecution is the result of an investigation by the FBI and the California Department of Corrections and Rehabilitation’s Office of Internal Affairs.

San Pablo man pleads guilty to sexual coercion of 3-year-old girl

By Leave a Comment

Adalberto Borja Guardado. Photo: San Pablo Police

Recorded act on his cell phone

WARNING: Explicit sexual content

OAKLAND – Adalberto Borja Guardado pleaded guilty yesterday in Oakland federal court to enticement and coercion of a minor, announced Acting United States Attorney Stephanie M. Hinds and Homeland Security Investigations Special Agent in Charge Tatum King.  (See related article)

In his plea agreement, Guardado, 67, of San Pablo, admitted that on September 9, 2019, a three-year-old girl visited his residence with her mother, who provided home health care to Guardado’s elderly mother.  Guardado agreed to watch the girl while the girl’s mother provided the home care in another part of the residence.  Guardado admitted in his plea agreement that within a few minutes of watching the girl, he pulled down the girl’s pants and touched her vagina with his fingers.  He further admitted that he used his cell phone to record his touching of the girl’s vagina.

Guardado was charged by criminal information in federal court on June 10, 2021, with enticement and coercion of a minor, in violation of 18 U.S.C. § 2422(b).  The penalty for a violation of 18 U.S.C. § 2422(b) is a maximum imprisonment term of life in prison, with a mandatory minimum imprisonment term of ten years, and a fine of $250,000.  However, any sentence imposed by a court will occur only after the court’s consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

Guardado’s sentencing hearing is scheduled for January 11, 2022, in United States District Court in Oakland before the Honorable Jeffrey S. White, United States District Judge.  Guardado remains in custody while awaiting his sentencing.

Jonathan U. Lee is the Assistant U.S. Attorney who is prosecuting the case, with the assistance of Leeya Kekona, Kay Konopaske, and Kathleen Turner.  The prosecution is the result of an investigation by Homeland Security Investigations, the Silicon Valley Internet Crimes Against Children Task Force, and the San Pablo Police Department.

 

DUI driver, a Knightsen teen, arrested for killing two teen pedestrians on Byron Hwy Saturday night

By 13 Comments

Victims from Bay Point and Oakley identified

By CHP – Contra Costa

Saturday night, Sept. 4, 2021, at approximately 11:14 pm, CHP Contra Costa was advised of a vehicle vs. pedestrians collision at 8321 Byron Hwy in Knightsen. Upon CHP and emergency personnel arrival, two pedestrians had been struck by a vehicle and that vehicle (a 2002 Subaru Impreza), along with the driver (18-year-old male from Knightsen), were also located. Tragically both pedestrians were killed as a result of the crash (18-year-old female from Bay Point and 16-year-old male from Oakley).

The Contra Costa County Sheriff’s Coroner’s Office identified the deceased pedestrians as Kassandra Sepulveda of Bay Point and Luis Esparza of Oakley.

The 18-year-old driver of the Subaru was investigated for DUI at the scene and subsequently placed under arrest for suspicion of Felony DUI driving, resulting in the death of both pedestrians. The driver was transported to the Martinez detention facility and booked into jail for: FELONY DUI 23153(a)VC and Gross Vehicular Manslaughter 191.5(a)PC.

The suspected DUI and Manslaughter driver is Colby Sharver.

Bay Point man convicted for attempted criminal threats made against female

By Leave a Comment

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

Last week, defendant Donald Kelly of Bay Point (date of birth October 31, 1980) was found guilty of attempted criminal threats, a felony, and brandishing a replica firearm, a misdemeanor, against a female victim. Kelly faces up to three years in state prison for the attempted criminal threats conviction.

On March 2, 2021, the victim was in a car outside an apartment complex on the corner of Belle Monte Ave and Willow Pass Road in Bay Point. The defendant appeared outside the victim’s car and held what appeared to be a semi-automatic firearm and pointed it at the victim’s head. Kelly yelled at the victim and stated, “This is a real gun.” Another witness who observed the interaction between Kelly and the victim heard Kelly also yell that he was going to shoot the victim. Kelly fled the scene after the victim called 911. He was detained shortly after he left the scene. When Kelly was detained, deputies located a replica Sig Sauer P226 firearm.

Deputy District Attorney Haleigh Parkinson prosecuted the case on behalf of the People. The defendant will be sentenced on September 17 before the Honorable Wade Rhyne. The case was investigated by the Contra Costa County Sheriff’s Office. The DA’s Office originally filed criminal charges against Kelly in March of this year.

Case information: People v. Donald Kelly, Docket Number 04-201411-6.

Antioch man convicted for attempted murder during 2018 drug deal

By Leave a Comment

Faces possible prison sentence of almost 35 years

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

Earlier this month, defendant Brandon Lamont Lindsey of Antioch (born March 20, 1994) was found guilty as charged for the attempted murder and attempted robbery of a Yuba City man. Further, a Contra Costa County jury found true the enhancements listed in the charges against Lindsey, including the discharge of a firearm causing great bodily injury.

Antioch Police believed the incident to be an attempted robbery at the time. (See related article)

On September 21, 2018, Lindsey arranged to sell opioids to the victim and the victim’s partner in Antioch. Specifically, Lindsey told the victim to meet him on Cavallo Road. Before this meeting, the victim and defendant did not know each or other. The drug sale was set up by a mutual friend of the victim. Upon the pair meeting for the first time on Cavallo Road, Lindsey instructed the victim to bring his car down an isolated road for the sale.

Lindsey conveyed to the victim that his associate would bring the pills in a separate car. Moments after the victim moved his car, another car was positioned and blocked the driveway, which prevented the victim from leaving the scene. Lindsey approached the victim and pulled out a firearm and demanded money. Lindsey fired three times inside the car at point blank range. One bullet struck the victim through his left arm causing a partial loss of mobility in his left hand. Lindsey used a 9mm handgun during the attempted murder and attempted robbery.

In total, the jury found Lindsey guilty of four counts:

  • Attempted Murder
    • Enhancement 1, Personal and Intentional Discharge of a Firearm, Causing Great Bodily Injury
  • Shooting at Occupied Motor Vehicle
    • Enhancement 2, Personal and Intentional Discharge of a Firearm, Causing Great Bodily Injury
  • Assault with a Semiautomatic Firearm
    • Enhancement 3, Use of a Firearm
  • Attempted Second Degree Robbery
    • Enhancement 4, Personal and Intentional Discharge of a Firearm, Causing Great Bodily Injury

Deputy District Attorney Kate Dunbar prosecuted the case on behalf of the People. The defendant will be sentenced on October 15 before the Honorable Charles Burch. Lindsey faces up to 34 years and 8 months to life in state prison. The case was investigated by the Antioch Police Department.

Case information: People v. Brandon Lamont Lindsey, Docket Number 05-200113-9.

Allen Payton contributed to this report.

Pittsburg man arrested for Bay Point homicide Saturday

By Leave a Comment

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

On Saturday, August 28, 2021, at about 10:42 PM, Muir Station Deputy Sheriffs were dispatched to a call of shots fired at the intersection of Willow Pass Road and Bella Vista Avenue in Bay Point. Upon arrival, deputies located a victim suffering from a gunshot wound.

Deputies immediately began providing life-saving measures. The fire department and an ambulance also responded. The victim was later pronounced deceased at the scene. He is identified as 24-year-old Pablo Bretado of Pittsburg.

A suspect was quickly identified by deputies and a description was provided to area law enforcement agencies. The Concord Police Department located the suspect who led police in a pursuit back into Bay Point. The suspect crashed and fled on foot. Concord PD officers, assisted by the California Highway Patrol, found the suspect and took him into custody.

He is identified 28-year-old Antonino Solis of Pittsburg. He was booked into the Martinez Detention Facility for murder and possession of an assault weapon.

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