Contra Costa Herald

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

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

 

Coroner’s Jury finds 2019 police shooting death of Concord man attacking his parents with knife to be an accident

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Screenshot of body worn camera video of Donald James Eversen attacking his mother just before Concord Police Officer fatally shot him on Dec. 1, 2019.

By Jimmy Lee, Public Information Officer, Contra Costa County Office of the Sheriff-Coroner

Sheriff-Coroner David Livingston announces that a Coroner’s Jury reached a finding in the December 1, 2019 death of 60-year-old Donald James Eversen of Concord. The finding of the jury is that the death is an accident.

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

Eversen was shot and killed by Concord Police while he was attacking his elderly parents with a knife. (See Concord Police Department video of incident. Warning: contains disturbing images.)

Screenhot of still image showing Eversen with knife just as he’s shot by police. From Concord PD.

A Coroner’s Inquest, which Sheriff-Coroner David Livingston convenes in fatal incidents involving peace officers, is a public hearing during which a jury rules on the manner of a person’s death. Jury members can choose from the following four options when making their finding: accident, suicide, natural causes, or at the hands of another person, other than by accident.

Herald Addition: Asked why the jury chose “an accident” instead of “at the hands of another person, other than by accident” and if they offered any details for their decisions, Lee responded, “That was the jury’s decision. No details were provided.”

Allen Payton contributed to this report.

 

Contra Costa Sheriff’s Office investigates death of El Sobrante attempted murder suspect from fight at Martinez jail

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Following and awaiting results of test for COVID-19

By Jimmy Lee, Public Information Officer, Contra Costa County Office of the Sheriff

The Contra Costa County Office of the Sheriff and the Contra Costa District Attorney’s Office continue to investigate an in-custody death at the Martinez Detention Facility per the officer-involved fatal incident protocol.

On Monday, November 16, 2020, at 5:07 PM, inmate Ezekiel McCoy sustained injuries during a fight with other inmates at the West County Detention Facility. He was transported by ambulance to the Contra Costa Regional Medical Center (CCRMC) in Martinez at 6:30 PM.

On Tuesday, November 17, 2020, at about 12:15 AM, McCoy arrived at the Martinez Detention Facility after being treated and cleared by medical staff at CCRMC.

McCoy was placed in a negative air flow room at MDF pending the result of a COVID-19 test. He was checked on throughout the day and last checked at 4:23 PM. About nine minutes later, deputies found McCoy unresponsive. Deputies and medical staff provided life-saving measures. The fire department was at MDF on an unrelated incident, and they responded immediately. McCoy was later pronounced deceased at the scene.

30-year-old McCoy of El Sobrante was originally arrested by the Pinole Police Department and booked into MDF on July 28, 2020. McCoy was being held on numerous charges that include attempted murder, child endangerment, burglary, having a concealed weapon in his car, domestic violence, making criminal threats, and probation violation. McCoy was being held in lieu of $1,480,000 bail.

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.

Reporters who have inquiries on McCoy’s medical treatment should contact the Contra Costa Health Services Public Information Officer at (925) 608-5463 or at DOC.PIO@cchealth.org.

Car goes to jail for 30 days following reckless driving by owner multiple times in Contra Costa

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Photos by CHP – Contra Costa.

By CHP – Contra Costa

CAR JAIL

Recently this vehicle and its driver had been reported numerous times driving recklessly within Contra Costa County. We located it while the driver was in the act and filming a video for an online/social media video channel . The driver was issued a citation on scene for reckless driving. Then a warrant was later issued to impound the vehicle for 30 DAYS due to the totality of the circumstances that were discovered.

Long story short; we do respond to these types of incidents around the county, we do conduct follow up investigation, and there are repercussions for reckless driving acts. This incident was a citation and 30 impound. Now you know. #instantkarma #dontdoit #chp

 

Coroner’s Inquest Jury finds death of Richmond man shot by police to be suicide

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

Luc Toan Chanh Ciel

Contra Costa County Sheriff-Coroner David Livingston announces that a Coroner’s Jury has reached a finding in the April 11, 2019 death of 55-year-old Luc Toan Chanh Ciel of Richmond. The finding of the jury is that the death is a suicide.

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

According to a Richmond Standard news report, Ciel, who had a restraining order against him for prior domestic violence incidents, was fatally shot by Richmond Police when he was  stabbing his family members and turned on them.

According to a police statement, “Officers interrupted the suspect’s physical assault on a family member, then fired when the armed suspect ignored commands and advanced on them.  The suspect was later pronounced deceased on scene. Officers rescued an adult female suffering from a laceration to her stomach and a male juvenile suffering from a laceration to his face.”

A Coroner’s Inquest, which Sheriff-Coroner David Livingston convenes in fatal incidents involving police officers, is a public hearing, during which a jury rules on the manner of a person’s death. Jury members can choose from the following four options when making their finding: Accident,Suicide, Natural Causes or At the hands of another person, other than by accident.

 

Brentwood woman arrested, charged with murder for death of her 2-year-old child from fentanyl intoxication

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By Brentwood Police Department

It was the call that every officer dreads to hear…

On September 20, 2020, at around 2:54 AM, Brentwood officers responded to a residence in the 50 block of Havenwood Ave. to investigate a report of an unresponsive 2 year-old child, later identified as Jasani Kerry. His mother, 22-year-old Genesis Barrera-Galdamez, had found him unresponsive and telephoned emergency personnel.

When officers and emergency personnel arrived on scene, they performed CPR for several minutes, however, Jasani was ultimately declared deceased. The preliminary investigation revealed drug paraphernalia and illicit drugs that later tested positive for fentanyl in the presence of Jasani preceding his death. Weeks later, a Contra Costa County Coroner’s pathologist determined Jasani’s cause of death was due to acute fentanyl intoxication.

Following an extensive follow-up investigation, Brentwood investigators prepared an arrest warrant for Genesis charging her with murder.

On October 30, 2020 at around 3:30 PM, investigators located Genesis at the Comfort Inn Hotel located at 2436 Mahogany Way in Antioch and took her into custody without incident. Genesis was booked at the Martinez Detention Facility on the outstanding arrest warrant.

Yesterday the Contra Costa County District Attorney’s Office formally charged Genesis with second-degree murder, possession of narcotics for sale, and child abuse resulting in death. Genesis is being held on $1.1 million dollar bail.

Our deepest condolences go out to the family and friends who have been affected by this tragedy. The loss of any child is difficult for anyone to bear; we hope the arrest in this case can bring some peace to those affected.

Rest in peace Jasani.

Arraignment Scheduled For November 18

Contra Costa District Attorney’s Office Public Information Officer Scott Alonso issued the following about the case Thursday morning:

Earlier this week, the Contra Costa County District Attorney’s Office filed murder charges against Genesis Barrera-Galdamez (22-year-old resident of Brentwood) for the death of her two-year-old son, Jasani Kerry, Jr. Barrera-Galdamez was also charged with felony child abuse and felony possession of Fentanyl to sell. Two enhancements were also filed tied to the child abuse charge against the defendant: willful harm causing injury and great bodily injury resulting in brain damage and paralysis. The young child consumed fentanyl under the care of Barrera-Galdamez. The child’s autopsy report later ruled the toddler’s death was caused by Acute Fentanyl Toxicity.

Brentwood Police Department investigated the case and presented it to our Office for filing. Homicide Unit Supervisor Derek Butts reviewed the investigation and filed the charges listed above.

“While the Defendant did not intend that her son Jasani die, the evidence shows that she was aware her Fentanyl possession and use was dangerous to human life and despite this knowledge, exposed Jasani to the danger which ultimately led to his death, stated Deputy District Attorney Butts. “Well known amongst abusers, Fentanyl is an exceptionally toxic and dangerous substance.  The act of exposing people to or supplying others with Fentanyl, if death results, can lead to murder charges.”

In the early morning hours of September 20, the defendant called police and stated her son was not breathing and non-responsive. She told the police that her son appeared blue and his body was very cold. CPR performed at the scene by Brentwood Police Officers and continued by American Medical Response personnel for over 30 minutes did not revive the boy. Officers at the scene located multiple items of drug paraphernalia on and around the bed the Defendant shared with Jasani, including 13 grams of powdered Fentanyl, baggies and tin foil pieces containing Fentanyl residue and a torch lighter.

After Jasani’s death, Barrera-Galdamez attempted to sell Fentanyl to multiple parties. Brentwood Police Department officers obtained a warrant for the arrest of the defendant on October 29th. The following day, Barrera-Galdamez was arrested at the Comfort Inn in Antioch, where she was engaging in Fentanyl sales.

Barrera-Galdamez made her first appearance in court yesterday and she remains in custody with bail set at $1,100,000. Her arraignment on the charges was set for November 18th.

Case information: People v. Genesis Barrera-Galdamez, Docket Number 04-200626-0.

 

Bed Bath & Beyond, Inc., to pay $1.49 million settlement for environmental violations

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

Martinez, Calif. – On Tuesday, Contra Costa County District Attorney Diana Becton announces a $1,498,750 settlement against New Jersey-based Bed Bath & Beyond, Inc. (“Bed Bath & Beyond”) as part of a settlement of a civil environmental prosecution.

The judgment is the culmination of a civil enforcement lawsuit filed last month in Ventura County Superior Court claiming that more than 200 Bed Bath & Beyond stores throughout the state (including Cost Plus, buybuy BABY, Harmon, Harmon Face Values, World Market, and Cost Plus World Market stores) unlawfully handled, transported and disposed of batteries, electronic devices, ignitable liquids, aerosol products, cleaning agents, and other flammable, reactive, toxic, and corrosive materials, at local landfills that were not permitted to receive those wastes.

“The protection of our environment and public health is always a top priority. This settlement acts as a deterrent to other companies as non-compliant companies will be held accountable for violating our environmental laws,” stated DA Becton.

The investigation was initiated by the Ventura County District Attorney’s Office after a fire broke out on December 24, 2015 at the City of Oxnard’s Del Norte Transfer Facility in a load of store waste from the trash compactor of the Oxnard Bed Bath and Beyond store. The bagged store waste burst into flames when a city employee used a front-end loader to spread the freshly dumped trash pile. Investigation recovered numerous items of regulated waste, including several electronic items and hazardous waste, including lithium batteries and a small can of lighter fluid.

Following these Ventura County events, the Contra Costa County District Attorney’s Office worked in conjunction with 30 other California District Attorneys, and the Los Angeles City Attorney, and local environmental regulatory officials to conduct a series of undercover inspections of Bed Bath & Beyond store waste around the state. These inspections, and other investigation, revealed that Bed Bath & Beyond sending regulated hazardous wastes from stores to local landfills throughout California.

When notified of the investigation, Bed Bath and Beyond took steps to cooperate and to dedicate additional resources towards environmental compliance and improving its existing regulated-waste management program, including by performing regular self-audits of its compactors and waste bins in California.

Under the final judgment, Bed Bath & Beyond must pay $1,327,500 in civil penalties and as reimbursement of investigation and prosecution costs, of which $124,000 will be paid to the Contra Costa County District Attorney’s Office, $16,400,to the Contra Costa County, Health Services Dept., Hazardous Materials Program. The company will pay an additional $171,250 to fund supplemental environmental projects furthering environmental enforcement in California. The retailer will also be bound under the terms of a permanent injunction prohibiting similar future violations of law.