Contra Costa Herald

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

Contra Costa DA Becton begins next phase of criminal justice reform efforts with Vera Institute of Justice

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Program promotes racial equity in prosecution and reducing the use of jails; only one of seven DA’s offices in the nation; will host six weekly podcast-styled video discussions beginning Wednesday

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

Martinez, Calif. – Contra Costa County District Attorney Diana Becton announced, Monday the next phase of work with the Vera Institute of Justice. The DA’s Office first partnered with Vera in 2018 to take a critical look at the inner workings of the office through a data driven focus. Vera’s Reshaping Prosecution program offers reform minded prosecutors to opportunity to analyze their own data, policies, and practices with a lens toward reducing racial disparities and mass incarceration, delivering justice, and pursuing public safety.

According to the organization’s website, “Vera is partnering with prosecutors to put their campaign promises into action as concrete, data-informed policies and practices.”

The website continues with, “Across the country empowered communities have demanded a new approach to criminal justice by electing prosecutors committed to change. Standing on forward-looking platforms including promises of bail reform, diversion, and ending mass incarceration, a new generation of prosecutors in Chicago, Philadelphia, Jacksonville, Orlando, Contra Costa, Denver, St. Louis and elsewhere are part of a small but growing cadre who understand what many Americans have also learned: that ‘tough on crime’ does not equal public safety.”

According to the organization’s Facebook page, it was founded in 1961 and “works to secure equal justice, end mass incarceration, and strengthen families and communities across America.”

The DA’s Office has shared data from the Office’s case management system from the time period of January 1, 2014 to July 30, 2019. Once the data and policy analysis are complete, Vera will present their findings and recommendations to DA Becton. After the findings have been analyzed internally and shared officewide, they will be publicly released.

“Our community is calling for a more transparent and equitable criminal justice system. I am excited to partner with Vera to work on those long-standing issues, especially around the analysis of our data. Data from any law enforcement agency tells a story,” Contra Costa County District Attorney Diana Becton stated. “We need this data analysis to improve our communication with the public and our law enforcement partners. As a former judge and now district attorney, I understand the systemic issues in our county with racial disparities. We must think critically about how best to improve our operations and work with our law enforcement partners to ensure our prosecutions are just. With this partnership with Vera, we can shine a light on our practices and make informed decisions to better protect the public.”

Contra Costa is one of only seven prosecution offices nationwide participating in the Reshaping Prosecution program. Each office will have a designated internal working group that will reflect on a range of topics including: a deeper dive into the historical role of the prosecutor, working with your community and exploring what justice looks like, and discussions around building group cohesiveness to lay the foundation for successful implementation of reforms.

“Vera applauds District Attorney Becton’s commitment to racial-equity and transparency,” said Jamila Hodge, Director of the Reshaping Prosecution Program at the Vera Institute of Justice. “Our partnership will address the disparities that have impacted Black, brown, and Indigenous communities in Contra Costa County by providing analysis and policy solutions, critical steps to reduce harm, rebuild trust, and deliver the safety and justice our communities deserve.”

Training and exposure to different ways of thinking is also an important component of the partnership. For six weeks, beginning October 7th, Vera will host a weekly podcast-styled video discussion series focused on why racial equity is integral to the prosecutorial role, and how prosecutors can center racial equity in decision making. The series will feature criminal justice experts from across the country who will cover a range of topics including: Origins of the Criminal Justice System; Centering Human Dignity; Accountability vs. Punishment; Restorative Justice; Community Well-Being; and Action Steps for Prosecutors.

Allen Payton contributed to this report.

Contra Costa DA Becton won’t prosecute certain first-time criminals

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Including drug offenders arrested with small amounts or for other crimes such as shoplifting, petty theft, disorderly conduct   

To “divert low-level recreational users out of the criminal justice system and into health care system”

“Reducing strain in the courts” at presiding judge’s request

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

Contra Costa County District Attorney Diana Becton announced last week, misdemeanor filing considerations for the DA’s Office regarding . Originally initiated as a pilot, the considerations are now formal policy for the Office. The DA’s Office will no longer file charges against most people arrested or cited solely for the possession of small amounts of drugs. The idea is to divert low-level recreational users out of the criminal justice system and into the health care system with the goals of both reducing the strain in the courts and on law enforcement, and also by providing treatment options for the user.

Last year District Attorney Becton and Public Defender Robin Lipetzky were contacted by the presiding judge of the court who stressed the need to reduce the significant backlog of low-level, non-violent misdemeanors in the court system. The backlog of cases was slowing down court operations and proving to be an immense burden on the budgets of various law enforcement agencies and the courts.

Furthermore, there have been significant changes in the laws governing personal drug use that have changed the dynamics of prosecuting low-level drug cases. The aim of these considerations is to stop chronic patterns of arrest and to connect individuals to community based behavioral health services. For a first-time offender we will refer the person to health care services in our community. The policy allows the DA’s Office to focus our efforts on cases that may pose significant public safety concerns such as criminal street gangs, drug dealers, violent criminals, and cases involving firearms.

“When I took Office, I realized we had to change our perspective on filing cases, especially low-level drug cases. From my experience as a judge I saw first-hand how individuals were cycling through our system. Now as the District Attorney, I worked with several law enforcement partners throughout the county to build a plan and gain consensus on how best to proceed with these types of cases. We cannot prosecute ourselves out of this growing trend of low-level offenses being submitted to our Office for a filing decision,” said DA Becton.

Prosecutors will use their discretion on these low-level non-violent offenses to determine if criminal charges are appropriate. Pre-filing diversion is also available for individuals in lieu of a formal criminal complaint.

DA Becton stated, “As I do with all of my Office’s policies, I will periodically review this policy and work with my justice system colleagues to ensure its effectiveness and to modify it when necessary.”

In several situations, the policy may not apply. The exceptions include: the person has been arrested on three previous occasions in the past year for a misdemeanor drug offense, the theft is more than $300 in value, or the subject is on probation.

Misdemeanor Filing Considerations

FIRST-TIME AND STAND-ALONE OFFENSES

For the offenses below, do not file a case predicated upon these statutes if the individual is a first-time offender or this is a stand-alone charge. Consider use of CAPS, Infracting, or a Probation Violation as appropriate.

If an individual becomes a repeat offender, review all cases to include any previously unfiled incidents.

Note: For any of the below offenses, these considerations do not apply if:

  • There are multiple violations (2 or more within a 12-month period)
  • Theft cases: amount of stolen items is $300 or more
  • Defendant is currently on probation
  • Low net weight cases of controlled substances will generally not be filed unless there are three or more misdemeanor drug offenses or another qualifying exception within a 12-month period

The misdemeanor charges these considerations encompass are as follows:

STATUTE                 NAME OF STATUTE

BP 4060                      Possession of Controlled Substance

BP 4140                      Possession of Hypodermic or Syringe

HS 11357                    Possession of Marijuana

HS 11364                    Possession of Drug Paraphernalia

HS 11350                    Possession of Controlled Substance

HS 11377                    Possession of Controlled Substance

HS 11550                    Under the Influence of Controlled Substance

PC 415                        Disturbing the Peace

PC 459.5                     Shoplifting

PC 466                        Possession of Burglar Tools

PC 484                        Petty Theft

PC 602                         Trespass

PC 647(f)                    Disorderly Conduct

PROBATION VIOLATIONS

If an individual is already on Probation, consider electing to file a Probation Violation in Lieu of a new docket. Consult with your supervising DDA as appropriate.

SUSPENDED LICENSES

Infract the below vehicle code offenses. Note: this does not apply to VC 14601.2 and VC 14601.5 offenses.

STATUTE                 NAME OF STATUTE                                              ACTION

VC 12500                    Unlicensed Driver                                                       INFRACT

VC 14601.1                 Non-DUI Suspended or Revoked License                  INFRACT

Governor Newsom signs bills ending police chokeholds, implementing other reforms

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Main graphic by Carotid Restraint Training Institute.

Requiring independent investigations of officer-involved shootings; reforming juvenile justice and probation systems to aid in rehabilitation and reentry

SACRAMENTO – In the wake of nationwide demonstrations against structural racism and systemic injustice, Governor Gavin Newsom on Wednesday signed a series of bills into law initiating critical criminal justice, juvenile justice and policing reforms in California. Delivering on his promise this summer to sign a bill ending the use of the carotid restraint, Governor Newsom signed AB 1196 by Assemblymember Mike Gipson (D-Carson) which bans the practice statewide. The maneuver, known as a chokehold, was banned by District Attorney Diana Becton for her Investigative Unit in June. (See related article)

Newsom also signed AB 1506 by Assemblymember Kevin McCarty (D-Sacramento) requiring the California Attorney General to conduct investigations into officer-involved shootings of unarmed individuals that result in death. He also took action on legislation that reforms the juvenile justice system to put more emphasis on rehabilitation and education, as well as creating a more just probation system.

“Americans across the country took to the streets this summer rightfully demanding more and better of our criminal justice system – and of ourselves,” said Governor Newsom. “We heard those calls for action loud and clear and today are advancing reforms to improve policing practices by ending the carotid hold and requiring independent investigations in officer-involved shootings. We are also taking important steps to break the school-to-prison pipeline. Still, we can and must do more. Working with our youth, faith and community leaders, law enforcement, the Legislature and countless others demanding change, my Administration remains committed to the important work ahead to make our criminal and juvenile justice systems fairer and safer for all Californians.”

Today’s action builds on Governor Newsom’s record enacting major change on criminal justice reform during his first years in office – from enacting one of the nation’s strongest police use-of-force standards, to putting a moratorium on the death penalty and shutting down California’s execution chamber, to closing prisons. The Administration will continue to work with the Legislature on additional reforms, including efforts to increase transparency in peace officer records and broader decertification measures to create accountability for officers with a history of misconduct.

Governor Newsom also took action today on important juvenile justice reforms. Building on the Governor’s commitment to end juvenile imprisonment as we know it, he signed several bills to support young people coming out of the criminal justice system and to disrupt the school-to-prison pipeline. SB 823 by the Committee on Budget and Fiscal Review takes the first, formal step of closing the Division of Juvenile Justice, which will help to provide youth rehabilitative services closer to home.

Other bills the Governor signed today that support youth include AB 901 by Assemblymember Mike Gipson (D-Carson), which will end the practice of referring youth who are having problems at school to probation programs. Additionally, SB 203 by Senator Steven Bradford (D-Gardena) requires that children under age 17 have an opportunity to consult with legal counsel before interrogation, and SB 1290 by Senator Maria Elena Durazo (D-Los Angeles) will cancel certain fees assessed on juvenile offenders and their families.

Finally, Governor Newsom signed AB 1950 by Assemblymember Sydney Kamlager (D-Los Angeles), which caps probation terms to a maximum of one year for misdemeanor offenses and two years for felonies.

Governor Newsom also signed:

  • AB 646 by Assemblymember Kevin McCarty (D-Sacramento) – Elections: voter eligibility.
  • AB 732 by Assemblymember Rob Bonta (D-Alameda) – County jails: prisons: incarcerated pregnant persons.
  • AB 846 by Assemblymember Autumn Burke (D-Inglewood) and Assemblymember Jacqui Irwin (D-Thousand Oaks) – Public employment: public officers or employees declared by law to be peace officers.
  • AB 1304 by Assemblymember Marie Waldron (R-Escondido) – California MAT Re-Entry Incentive Program. A signing message can be found here.
  • AB 1775 by Assemblymember Reginald Byron Jones-Sawyer, Sr. (D-Los Angeles) – False reports and harassment.
  • AB 2321 by Assemblymember Reginald Byron Jones-Sawyer, Sr. (D-Los Angeles) – Juvenile court records: access.
  • AB 2425 by Assemblymember Mark Stone (D-Scotts Valley) – Juvenile police records.
  • AB 2512 by Assemblymember Mark Stone (D-Scotts Valley) – Death penalty: person with an intellectual disability.
  • AB 2606 by Assemblymember Sabrina Cervantes (D-Riverside) – Criminal justice: supervised release file.
  • AB 3043 by Assemblymember Reginald Byron Jones-Sawyer, Sr. (D-Los Angeles) – Corrections: confidential calls.
  • AB 3234 by Assemblymember Philip Ting (D-San Francisco) – Public Safety. A signing message can be found here.
  • SB 480 by Senator Bob Archuleta (D-Pico Rivera) – Law enforcement uniforms.
  • SB 1126 by Senator Brian W. Jones (R-Santee) – Juvenile court records.
  • SB 1196 by Senator Thomas Umberg (D-Santa Ana) – Price gouging.

 

Glazer, Skinner, Bauer-Kahan vote for, Newsom signs bill requiring California to house inmates based on gender identity

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Frazier, Grayson, Wicks don’t vote; SB 132 requires Dep’t. of Corrections to house transgender, gender-nonconforming and intersex people based on their choice.

State Senator Steve Glazer (D-7-Orinda)

By Allen Payton

Governor Gavin Newsom on Sunday, Sept. 26 signed a package of pro-LGBTQ+ bills, including SB132 requiring the California Department of Corrections and Rehabilitation (CDCR) to house transgender, gender-nonconforming and intersex (TGI) individuals in a manner that matches their gender identity while supporting health and safety.

SB 132 also requires CDCR to house people according to their own sense of where they will be safest and to record the individual’s self-reported gender identity, gender pronouns and honorifics throughout an inmate’s term.

State Senators Steve Glazer (D-7, Orinda) and Nancy Skinner (D-9, Oakland) were joined by Assemblymember Rebecca Bauer-Kahan (D-16, San Ramon), who all represent portions of Contra Costa County, in voting for the bill. Assemblymembers Jim Frazier (D-11, Discovery Bay), Tim Grayson (D-14, Concord), and Buffy Wicks (D-15, Oakland) who also represent portions of the county, did not vote.

State Senator Nancy Skinner (D-9, Oakland)

The bill was introduced by State Senator Scott Weiner (D-11, San Francisco) who also authored the controversial SB145 regarding non-regular sexual intercourse between youth ages 14-17 and those as much as 10 years older. Glazer, Skinner, Bauer-Kahan and Wicks voted for that bill, as well. While Frazier and Grayson didn’t vote on that bill, either. (See related article)

Newsom also signed other LGBTQ+ related legislation including a measure to track the effects of COVID-19 on the community, and a bill establishing the Transgender and Wellness Equity Fund.

Assemblymember Rebecca Bauer-Kahan (D16, San Ramon)

Included in the package of bills signed into law on Sunday is SB 932 also by Wiener, which aligns with emergency regulations announced by the California Department of Public Health in July requiring better and more timely collection and reporting of communicable disease data from providers and laboratories on a patient’s gender identity and sexual orientation. This legislation will provide public health officials with more information on patients who identify as lesbian, gay, bisexual or transgender, which is essential to addressing health inequities and designing public health interventions that help California’s diverse communities. Glazer, Skinner Bauer-Kahan and Grayson vote for the bill. Frazier and Wicks didn’t cast votes.

AB 2218 by Assemblymember Miguel Santiago (D-53, Los Angeles) establishes the Transgender Wellness and Equity Fund. The Fund will assist organizations serving people that identify as transgender, gender nonconforming, or intersex (TGI), and help create or fund TGI-specific housing programs and partnerships with hospitals, health care clinics and other medical providers to provide TGI-focused health care. Glazer, Skinner, Bauer-Kahan and Grayson voted for the bill, while Frazier and Wicks didn’t vote.

The Governor also signed SB 1255 by Senator Lena Gonzalez (D-33, Long Beach) and the Senate Committee on Insurance requiring insurance companies not decline policies for individuals because of their HIV status. Glazer, Skinner, Bauer-Kahan and Grayson voted for the bill. Frazier and Wicks, again didn’t vote.

Jury convicts Martinez man, youth soccer coach for attempting to meet minor for sex

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Former Lamorinda Soccer Club coach actually set up meeting with undercover cop

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

On September 28, 2020, after a three-day trial, a jury in Contra Costa County convicted 29-year-old Martinez resident Alejandro Sanchez for attempting to meet who he thought was an underage girl for sex. The jury found Sanchez guilty of three felonies including arranging to meet a minor for a lewd purpose, communicating with a minor for a sexual purpose and attempted lewd acts with a child.

Immediately following the reading of the verdicts, Sanchez was remanded into the custody of the Contra Costa County Sheriff to await sentencing, which is scheduled for November 6, in front of the Honorable Rebecca Hardie. Deputy District Attorney Jessica Murad prosecuted the case on behalf of our Office. DDA Murad is assigned to the Sexual Assault Unit.

Sanchez faces a maximum penalty of four years in state prison, fines and sex offender registration. Sanchez is a former youth soccer coach for the Lamorinda Soccer Club.

The investigation started in January 2019, when Sanchez used a social media app to contact a female. The female told Sanchez she was only 14-year-old and a freshman in high school. After the pair chatted for one day, they agreed to meet in-person. On January 4, 2019, Investigators with the Internet Crimes Against Children Task Force went to a local park in Martinez that was the agreed upon meeting location and arrested Sanchez. Sanchez was arrested after he arrived at the location.

During the conversation with the minor, Sanchez complimented the minor and stated that “we need to cuddle then” and “you have a nice body” to her. During the course of the conversation, Sanchez made repeated remarks about the undercover officer’s physical appearance and expressed a desire to engage in sexual acts at his home alone with the underage girl.

The evidence presented at trial overwhelmingly showed Sanchez should have reasonably known that he was communicating with a minor and as a soccer coach and mandated reporter, he had sufficient facts to believe the person he was talking to was a minor.

The investigation was conducted by a 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, San Ramon, 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 are encouraged to discuss online safety with their children and can visit the website www.kidsmartz.org or our website for further information.

The charges against Sanchez are as follows:

  • Count 1, Contact with Minor for Sexual Offense, Felony
  • Count 2, Meeting with a Minor for Lewd Purposes, Felony
  • Count 3, Attempted Lewd Act Upon a Child, Felony

Case information: People v. Alejandro Sanchez, Docket Number 05-191927-3

Contra Costa DA files charges in four homicide cold cases as result of years-long FBI Safe Streets Task Force operation

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Three in Concord, one in Antioch

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

Martinez, Calif. – Today, Tuesday, September 15, 2020 the Contra Costa County District Attorney’s Office is announcing three homicide cold cases, involving multiple defendants who are gang members affiliated with the Sureños, were filed recently. The gang violence was focused in South Concord and near Monument Boulevard. This successful effort was due to the years-long investigation and operation led by the FBI Safe Streets Task Force and local partners, including Concord Police, FBI, U.S. Attorney’s Office of Northern California, Bureau of Alcohol, Tobacco & Firearms along with our Office. Two cases were filed last week, and one was filed yesterday, totaling four homicides involving 11 defendants. (See related article)

One of the homicides occurred in Antioch, and the victim was from Pittsburg, (See related article). The other three of the homicides occurred in Concord.

Operation Boulevard Blues culminated in a major law enforcement operation last Thursday that resulted in the arrest of 31 individuals and involved 31 different law enforcement agencies. Thirty-four search warrants were executed in multiple locations across Contra Costa County and 42 firearms were recovered. The details of the operation were announced earlier this morning with our federal partners.

“Our local efforts working collaboratively with our law enforcement partners, especially Concord Police, will keep our community safer and take violent gang members off the streets of Concord,” said District Attorney Diana Becton. “This successful operation started with a wiretap and led to multiple gang members involved in senseless murders and violence being arrested. While these cases were not solved right away, Concord Police and the FBI Safe Streets Task Force did not give up and fortunately we can bring some closure to the victims’ families.”

Overall, the DA’s Office filed three separate homicide complaints involving the following gang members of the Sureños – all of the alleged four homicides were done for the benefit of the gang:

  • People v. Michael Valdez, Andrew Cervantes, Daniel Rodriguez, Docket Number 01-194377-8

o   Victim is Marcos Villazon of Pittsburg, Date of Alleged Murder is November 21, 2015 in Antioch

o   Victim is Luis Estrada, Date of Alleged Murder is November 30, 2015 in Concord

  • People v. Rafael Lopez & Juan Barocio Jr., Docket Number 01-194379-4

o   Victim is Victor Gutierrez, Date of Alleged Murder is April 17, 2014 in Concord

  • People v. Jose Cisneros, Marcos Ochoa, Luis Cruz, Aurelia Mendez, Antonio Mendez, Jose Ochoa, Docket Number 01-194418-0

o   Victim is Erick Cruz, Date of Alleged Murder is September 12, 2015 in Concord

The criminal investigations because of this operation are still active and ongoing. All of the defendants charged by the DA’s Office remain in custody.

Allen Payton contributed to this report.

 

Kelly-Moore Paint agrees to $1.43 million settlement with 10 DA’s for illegal dumping of hazardous waste

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Violated state environmental protection laws

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

Martinez, Calif. – Contra Costa County District Attorney Diana Becton announced Monday, a $1.43 million settlement against Kelly-Moore Paint Company (Kelly-Moore) to resolve allegations that the company violated California state laws governing hazardous waste by routinely and illegally disposing of paint colorants, paint, electronic devices, aerosol products, and other hazardous wastes into company waste bins destined for municipal landfills not authorized to accept hazardous waste. The lawsuit also resolves allegations that Kelly-Moore failed to shred customer records containing confidential information before disposal.

“My office will always strive to protect the environment and public health by holding companies accountable for violating our environmental laws. This settlement not only acts as a deterrent against other potential violators but more importantly contains injunctive provisions to ensure Kelly Moore will maintain environmental compliance into the foreseeable future.,” stated Contra Costa County District Attorney Diana Becton.

Kelly-Moore is a retail paint company in North America. In California the company owns or operates approximately 106 retail stores, including nine stores in Contra Costa County as part of this settlement.

The investigation of Kelly-Moore was initiated by the California Department of Toxic Substance Control (DTSC). From March 2016 through December 2018, inspectors from the DTSC, and investigators from other district attorney offices statewide, conducted a series of undercover inspections of waste bins originating at 29 separate Kelly-Moore locations. These inspections found numerous instances of unlawful disposal of hazardous waste paint colorants, paint, electronic devices, aerosol products, and other hazardous wastes. Kelly-Moore also violated laws meant to protect vulnerable confidential consumer information by unlawfully disposing of customer records without having rendered personal information unreadable.

When Kelly-Moore officials were notified by the prosecutors of the unlawful disposals, they immediately agreed to cooperate with the People and promptly implemented measures and dedicated additional resources towards environmental compliance at its stores. Stores are required to properly manage hazardous waste and to retain their waste in segregated, labeled containers to minimize the risk of exposure to employees and customers and to ensure that incompatible wastes do not combine to cause dangerous chemical reactions. Hazardous waste produced by Kelly-Moore stores through damage, spills, and returns is being collected by state-registered haulers, taken to proper disposal facilities, and properly documented and accounted for.

The settlement requires a monetary payment of $1.43 million. This consists of $825,000 for civil penalties, $178,750 for supplemental environmental projects, and $425,000 for reimbursement of investigative and enforcement costs. Kelly-Moore gets a credit of $125,000 against the penalties if it undertakes at least $250,000 in environmental enhancement work not required by law. In addition, the settlement includes provisions requiring Kelly-Moore to employ a California-based compliance employee to oversee Kelly-Moore’s hazardous waste compliance program and to undergo a trash receptacle audit to ensure hazardous wastes and confidential consumer information is properly disposed of at all stores. The results of the audit must be shared with the public. The company must also comply with 28 injunctive requirements pertaining to environmental and confidential consumer information protection laws.

Joining District Attorney Becton in this lawsuit are the District Attorneys of Alameda, Monterey, Placer, San Francisco, San Joaquin, San Mateo, Santa Clara, Sonoma and Yolo Counties.

15 charged for drugs, guns in anti-gang sweep in Concord, surrounding areas

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Some of the over 70 guns confiscated from suspected gang members. Photo: Concord PD

Alleged Sureños used Concord shopping center as “One-Stop Shop” for guns and drugs

Confiscated over 70 firearms, including a machine gun, AK-47 with 100 round drum, over $50,000 in cash, about 10 pounds of methamphetamine, over 400 grams of heroin, over 2,500 grams of cocaine and over 900 fentanyl pills – Concord Police Dept.

4 homicides solved as a result, three in Concord, one in Antioch

SAN FRANCISCO – Complaints were unsealed in federal court today charging 15 individuals with trafficking drugs and firearms in connection with the Sureños street gang, announced United States Attorney David L. Anderson, ATF Special Agent in Charge Patrick Gorman, FBI Deputy Special Agent in Charge Craig D. Fair, DEA Special Agent in Charge Danny Comeaux, and Concord Police Chief Mark Bustillos.

According to affidavits filed in connection with the complaints, multiple individuals affiliated with the Sureños street gang are alleged to have conspired to sell methamphetamine, cocaine, heroin, and firearms.  According to the complaint, the alleged sales occurred across Contra Costa County, but primarily in Concord, with numerous transactions occurring in a shopping center parking lot at 1500 Monument Boulevard.  According to the complaint, Sureño gang members claimed control over this shopping center, referring to it as “The Block” or “The Box,” and described it to undercover officers as a kind of “one-stop shop” for guns and drugs.

“Today’s charges explode the myth of the non-violent drug dealer,” said U.S. Attorney David L. Anderson.  “Drugs are expensive.  Drugs are dangerous.  Where we find drugs, we almost always find guns.  What is particularly appalling about today’s charges is that the defendants did not even bother to hide the guns or drugs.  Rather, the defendants allegedly peddled their products in broad daylight in public spaces.”

Locations in Concord where police raids took place. Courtesy of Concord PD.

The following was posted on the Concord Police Department’s Facebook page on Tuesday morning: “We’re proud to announce Concord PD recently led a large scale multi-agency anti-violence operation that resulted in multiple arrests, including arrests connected to several unsolved murders.

Operation “Boulevard Blues” ended Thursday morning with 30 search warrants executed across Solano, Sonoma, and Contra Costa Counties. Nine of those warrants were conducted in Concord. The focus of the investigation was the Sureño gang along Monument Blvd.

Our operations resulted in over 26 individuals charged with state and/or federal charges that include murder, attempted murder, conspiracy to commit robbery, illegal weapons, and gang violations.

‘Boulevard Blues’ resulted in solving 4 murders (three in Concord and one in Antioch).

  • 2014: Victor Gutierrez on Adelaide Street
  • 2015: Erick Cruz on Meadow Lane
  • 2015: Luis Estrada at Hillcrest Park
  • 2015: Homicide that occurred in Antioch

In addition, the operation recovered over 70 firearms, including a machine gun, an AK-47 with 100 round drum, suspected firearm suppressors, ammunition, over $50,000 in cash, approximately 10 pounds of methamphetamine, over 400 grams of heroin, over 2,500 grams of cocaine and over 900 fentanyl pills.

As always, keeping our community safe remains a priority for our department. We want to thank our community for your unwavering support and cooperation.”

“Throughout this investigation, ATF has worked side by side with our partners to fulfill ATF’s mission of protecting the public by investigating the criminal misuse and trafficking of firearms in the Contra Costa county area,” said Special Agent in Charge Patrick Gorman, San Francisco Field Division, ATF.  “In April 2019, ATF began working with the Concord Police Department and then with other agencies to address problematic gang activity that was occurring within Contra Costa county. Law enforcement partnerships create an unwavering unified front against violent crime and this collaborative effort between local and federal agencies is evidence of our shared focus. ATF remains committed to working hard and doing our part to make this region a safer place as our pledge to protect the public is one ATF takes very seriously.”

Law enforcement representatives from various agencies, including Contra Costa DA Diana Becton (back left) and Concord Police Chief Mark Bustillos (front left) participated in the press conference Tuesday, Sept. 15, 2020. Photo by Concord PD.

“This operation exemplifies the dedication of the FBI and our task force partners to disrupt dangerous gang activity and remove the threat of criminals who endanger our neighborhoods,” said FBI Deputy Special Agent in Charge Craig Fair.  “We are committed to improving the quality of life in our Bay Area communities and ensuring the safety of our citizens.”

“Nobody wins in a community where street gang activity exists. It threatens public safety and the security of our neighborhoods,” stated DEA Special Agent in Charge Daniel C. Comeaux. “These indictments send the message that law enforcement at all levels will work as one to pursue and prosecute criminal gangs and their associates.”

“We are thankful for our close working relationship with our federal partners,” said Concord Police Chief Mark Bustillos. “Violent crime does not stop at a city’s border, and our relationship with our federal partners allows us to bring those who use violence and intimidation in Concord to justice.”

Of the fifteen defendants charged federally, eight were taken into custody on September 10, 2020.  Three additional defendants are due to be transferred from state to federal custody, while two more will stay in state custody as of today.  The whereabouts of the remaining two federal defendants are unknown.  The following chart summarizes the charges, custodial status, and next court dates for of each of the 15 federal defendants:

 

Name Age Custodial status Case number Charges Next court date
Luis CRUZ 24 State custody 20-71278 21 U.S.C. §§ 846, 841(a)(1), (b)(1)(B(viii) and (b)(1)(C) (drug conspiracy) TBD
Luis RAMIREZ-CARRANZA 31 Federal custody 20-71278 21 U.S.C. §§ 846, 841(a)(1), (b)(1)(B(viii) and (b)(1)(C) (drug conspiracy) 9/15/20
Phabel GUTIERREZ 38 State custody 20-71278 21 U.S.C. §§ 846, 841(a)(1), (b)(1)(B(viii) and (b)(1)(C) (drug conspiracy) TBD
Angel MAGAÑA 26 State custody 20-71278 21 U.S.C. §§ 846, 841(a)(1), (b)(1)(B(viii) and (b)(1)(C) (drug conspiracy) TBD
Ernesto MISSIEGO 18 State custody 20-71278 21 U.S.C. §§ 846, 841(a)(1), (b)(1)(B(viii) and (b)(1)(C) (drug conspiracy) TBD
Christian CERVANTES 23 State custody 20-71278 21 U.S.C. §§ 846, 841(a)(1), (b)(1)(B(viii) and (b)(1)(C) (drug conspiracy) TBD
Francisco CANO 34 Federal custody 20-71278 21 U.S.C. §§ 846, 841(a)(1), (b)(1)(B(viii) and (b)(1)(C) (drug conspiracy) 9/17/20
Armando NAVARRO 42 Federal custody 20-71278 21 U.S.C. §§ 846, 841(a)(1), (b)(1)(B(viii) and (b)(1)(C) (drug conspiracy) 9/29/20
Sheena MIDDLETON 35 Federal custody 20-71278 21 U.S.C. §§ 846, 841(a)(1), (b)(1)(B(viii) and (b)(1)(C) (drug conspiracy) 9/16/20
Luis CABRERA 28 Wanted 20-71278 21 U.S.C. §§ 846, 841(a)(1), (b)(1)(B(viii) and (b)(1)(C) (drug conspiracy) TBD
Alexis PEREZ 23 Federal custody 20-71278 21 U.S.C. §§ 841(a)(1) and (b)(1)(C) (drug distribution) 9/18/20
Brian ALVARENGA 30 Wanted 20-71278 21 U.S.C. §§ 841(a)(1) and (b)(1)(C) (drug distribution) TBD
Eric CARRILLO 23 Federal custody 20-71283 18 U.S.C. 371 (firearms trafficking conspiracy) 9/15/20
Juan CONCHAS-CARRILLO 25 Federal custody 20-71283 18 U.S.C. 371 (firearms trafficking conspiracy) 9/16/20
Kevin VIDAL 23 Federal custody 20-71284 26 U.S.C. § 5861 (unlawful possession of unregistered firearm) 9/21/20

A complaint merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted of a drug conspiracy in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B)(viii) and 846, the defendants face a sentence of at least 5 and up to 40 years in prison, along with at least 4 years and up to life on supervised release, up to a $5 million fine, forfeiture, and denial of federal benefits.  If convicted of a drug conspiracy in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C) and 846, the defendants face a maximum penalty of up to 20 years in prison, along with at least 4 years and up to life on supervised release, up to a $5 million fine, forfeiture, and denial of federal benefits.  If convicted of possession of an unregistered firearm, the defendants face a maximum penalty of up to 10 years in prison, along with up to 3 years of supervised release, a $10,000 fine, and forfeiture.  If convicted of conspiring to deal firearms without a license, the defendants fae up to 5 years in prison, along with up to 3 years of supervised release, a $250,000 fine, and forfeiture.  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.

The case is being prosecuted by the Oakland branch of the U.S. Attorney’s Office.  The prosecution is the result of a 2-year investigation led by the ATF and the Concord Police Department, along with the DEA and the FBI, as part of the FBI’s Safe Streets Task Force.

Allen Payton contributed to this report.

 

Owner, bartender of Pittsburg bar charged for violating county health order, unlicensed sale of alcohol

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Open in June when not allowed to be, ABC suspended license for not paying taxes, unlicensed sale of alcohol

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

Martinez, Calif. – Kimberly Beatrice Dixon of Pittsburg (52-years-old) was charged today by the Contra Costa County District Attorney’s Office for a violation of the Contra Costa County Health Officer Order related to COVID-19. In addition, Dixon was charged for operating her bar with a suspended alcohol license. The case was investigated by the state Alcoholic Beverage and Control agents. The bar is located at 3742 Railroad Avenue in Pittsburg.

Dixon is the owner of Skorz Sports Bar in Pittsburg. Earlier this summer on June 11, the bar was open, and patrons were inside drinking alcohol. The bar was not deemed an essential business and therefore not allowed to be open. Currently, bars are not allowed to be open to the public. Further, earlier this year, ABC suspended Dixon’s license for the failure to pay taxes.

“Our office has received hundreds of complaints from the public reporting non-essential businesses operating during the COVID-19 pandemic,” stated District Attorney Diana Becton. “These businesses are putting the public’s health in jeopardy by violating the health officer orders. These orders are necessary to stop the spread of the deadly COVID-19 virus. We will continue to investigate reports of violations of the health officer order.”

The bartender at Skorz, Carla Kacprzak, was also charged with a misdemeanor violation for the unlicensed sale of alcohol.

Anyone with information about possible COVID-19 violations can report that information to the District Attorney’s Office via email at DA-ReportFraud@contracostada.org.

Case information: People v. Kimberly Beatrice Dixon and Carla Kacprzak, Docket Number 04-200281-4.

Body of Lafayette woman struck by vehicle found near Concord airport early Saturday morning

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

Saturday morning at about 1:14 am, Deputy Sheriffs, along with the California Highway Patrol, were dispatched to a report of a body found at the 5000 block of Marsh Drive in an unincorporated area north of Buchanan Field Airport in Concord.

Upon arrival, Deputies and CHP Officers located a deceased female on the road.

The CHP started the initial investigation due to evidence that the female was struck by a vehicle.

During an area check, a Deputy Sheriff found the suspect vehicle nearby. Based on initial findings and evidence, this incident was later classified as a vehicular homicide and the Office of the Sheriff took over the primary investigation.

The victim is identified as 35-year-old Shelly Stevens of Lafayette.

The investigation is ongoing.

Anyone with any information on this incident is asked to contact the 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.