Contra Costa Herald

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

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.

DA issues policy requiring prosecutors consider reason for looting during state of emergency before charging with crime

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Policy issued by Contra Costa DA Diana Becton to Deputy DA’s. Courtesy of CCCDA.

Antioch Mayor “disturbed” by and doesn’t “agree with this approach”; theft by 3 of $20,000 of alcohol in San Pablo not charged as looting; more cases affected by policy

By Allen Payton

Contra Costa County District Attorney Diana Becton issued a policy in June, that recently went public, requiring her Deputy DA’s assess the reason someone was looting during a state of emergency before filing charges against them. However, the policy doesn’t prevent police officers from arresting the looter, according to DA’s office spokesman, Scott Alonso. CCDA Looting Guidelines

In the document obtained by Red State News, and shared with the Herald, today, reads:

“Theft Offenses Committed During State of Emergency (PC 463)

In order to promote consistent and equitable filing practices the following analysis is to be applied when giving consideration to filing of PC 463 (Looting):

1. Was this theft offense substantially motivated by the state of emergency, or simply a theft offense which occurred contemporaneous to the declared state of emergency?

a. Factors to consider in making this determination:

i. Was the target business open or closed to the public during the state of emergency?
ii. What was the manner and means by which the suspect gained entry to the business?

iii. What was the nature/quantity/value of the goods targeted?

iv. Was the theft committed for financial gain or personal need?

v. Is there an articulable reason why another statute wouldn’t adequately address the particular incident?”

“I am not sure how they obtained the policy. But it is our policy,” Alonso confirmed. The policy is true but the article in Red State is highly misleading and frankly wrong.”

He then shared a link to an analysis of the policy and articles about it by Red State and other publications on the Snopes website devoted to fact checking, which has some of it’s own controversial history in getting things wrong, at times.

Alonso then clarified matters by writing, “Nothing in the guidelines prohibits the police from arresting someone for a crime. It is really important to underscore these guidelines are because of the COVID-19 shelter in place given Governor Newsom’s statewide order to declare a state of emergency. We look at if the theft is because there is a state of emergency – or is this simply an offense contemporaneous to the state of emergency. We wanted to ensure consistency across the Office in considering any criminal charges for alleged violations of PC 463. Historically, prior to COVID-19 – we could find no recent evidence that our Office had filed looting charges during a state of emergency.”

“As you know, when evaluating any criminal case our prosecutors look at the circumstances surrounding the incident,” he continued. “These guidelines are consistent with how we evaluate criminal cases. The policy does not say we won’t file these types of cases. The Red State article is incredibly misleading and frankly written from a slanted point of view. The author of the piece did not reach out to us prior to publication. I appreciate you reaching out in advance of publishing anything.”

Section 463 of the California Penal Code states that a person convicted of second-degree burglary or grand theft during a state of emergency is guilty of the crime of looting, which can be punishable by imprisonment in county jail for one year. However, alternative sentencing for someone on probation can be issued for 180 days in jail and 240 hours of community service. The crime of petty theft during a state of emergency is increased to a misdemeanor punishable by six months in county jail or 90 days in jail and 80 hours of community service.

Antioch Mayor Responds

In an email sent from his re-election campaign account on Monday, Antioch Mayor Sean Wright wrote to Antioch residents with the subject line, “Unbelievable what our District Attorney just did.”

“I am disturbed by our Contra Costa County District Attorney’s announcement that our police officers must consider if looters ‘needed’ stolen property before they can charge them with looting,” he wrote. “Our DA is the first and only DA in the nation urging this kind of guidance.”

“Looting that takes place in times of emergency, such as we are going through, is against the law,” Wright continued. “According to our DA, if the looters ‘need’ an item in a retail shop, for example, it is OK for them to take that item without being charged. I don’t agree with this approach – do you? Please feel free to share your thoughts on this by clicking here to send me an email.”

He then provided a link to an article about the matter on The Daily Wire.

3 Arrested for $20,000 Theft of Alcohol Not Charged With Looting

One of the cases already affected by the policy includes three people arrested during the COVID-19 pandemic for stealing $20,000 from a beverage store in San Pablo but not charged with looting. Another case affected by the policy involved a woman attempting to break into an ATM during the pandemic, who was also not charged with looting.

The Contra Costa Deputy Sheriffs Association and police officers’ associations in the county are expected to issue a response to the policy, soon.

Mother and son from San Ramon convicted of $2 million insurance and tax fraud scheme

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Husband and father is wanted and believed to be in India; owners of defense contractor companies

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

Martinez, Calif. – Selina Singh (57-years-old) and Kabir Singh (30-years-old), a mother and son from San Ramon, pled guilty to conspiracy to commit insurance premium fraud and related felonies today, Wednesday, Sept. 2, 2020. Both defendants also admitted an aggravated white-collar crime enhancement for a loss exceeding $500,000 through a pattern of criminal activity. The crimes were committed through two businesses they owned and operated that did contract work for the U.S. Department of Defense.

The husband and father, Majinder Paul “MP” Singh, age 59, was vice president of the family business, and was also charged in November 2018 with multiple counts of workers’ compensation fraud, insurance fraud, laundering $1.5 million, as well as conspiracy. He has a warrant out for his arrest and the Contra Costa District Attorney’s office believes he is in India.

Workers compensation coverage to protect employees from injury is mandatory in the State of California. Premium fraud creates unfair competition in dangerous industries, as law-abiding business owners are outbid by competitors that unlawfully evade the cost of coverage at the expense of their workers. Such fraud can also result in harm to public if it exposes the person or entity hiring the contractor to liability for the injury, or even to the unsuspecting employees themselves, as an injured worker may encounter a claim denial or delay in obtaining coverage for needed medical care if the employer’s false reporting of company operations causes the insurance company to question and investigate the employee’s claim of injury.

The investigation of this case started after an employee severed his thumb while working on a Bara Infoware, Inc. construction jobsite at Fort Hunter Liggett. The injured employee and his site safety supervisor reported to Monterey County District Attorney investigators that Selina Singh directed them to lie about the injury occurring on a Bara Infoware, Inc. jobsite and report it occurred while working for the family’s other company, Federal Solutions Group.

The Monterey County District Attorney’s Office determined the companies were headquartered in San Ramon, California and started a joint investigation with the relevant local and State agencies. Investigators determined that the defendants obtained government contracts, including construction contracts that required compliance with workers compensation laws. Defendants then used their companies hire, employ, and pay construction laborers, carpenters, painters, and other workers in order to complete construction work, even as they fraudulently misrepresented the construction payroll to insurance carriers in less dangerous industries such as clerical, and consulting, in order to lower their insurance rates.

Investigators located another injured employee that reported that Kabir Singh asked him not to report his injury and offered to pay his medical expenses instead of reporting the injury to company’s insurance and located a third company, Eagle Solutions, that was used first to move money between Bara Infoware, Inc. and Federal Solutions Group, and then eventually directly to obtain workers compensation policies for non-construction payroll while running construction jobsites. An audit by a forensic accountant at the Contra Costa District Attorney’s Office concluded that the scheme evaded over $2 million dollars of insurance premiums that law abiding competitors would have had to pay in seven years, in addition to over $200,000 of evaded payroll tax owed to the State of California.

Selina Singh pled guilty to conspiracy to commit insurance fraud, insurance premium fraud, payroll tax fraud, and a white-collar crime enhancement. The maximum sentence for those charges is eleven years and eight months.

Kabir Singh pled guilty to conspiracy to commit insurance fraud, insurance premium fraud, and a white-collar crime enhancement. The maximum sentence for those charges is eleven years and eight months.

The Honorable Laurel Brady accepted the pleas. Sentencing is scheduled for November 19 at 1:30 p.m. in Department 31 of the Contra Costa County Superior Court.

This case resulted from a joint investigation by the Monterey County District Attorney’s Office, Contra Costa County District Attorney’s Office, California Department of Insurance, Fraud Division and Employment Development Department, Criminal Investigation Division and was prosecuted by DDA Jeremy L. Seymour. DDA Seymour is the Supervising Attorney in the Workers’ Compensation Unit for the DA’s Office.

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

Read more about the case, here.

Allen Payton contributed to this report.

Contra Costa DA issues joint statement on 11 criminal justice reform commitments

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“…change needed to upend a system rooted in slavery.” – District Attorney Diana Becton

By Allen Payton

Contra Costa District Attorney Diana Becton. From CCC website.

In a joint commentary published on Politico.com last week, Contra Costa County District Attorney Diana Becton and four other district attorneys from across the country, issued a statement on 11 criminal justice reform commitments. However, the commentary states they want to transform and no longer reform the system. The commentary was not sent to local media which covers Contra Costa County.

One of the points reiterates what Becton promoted in June, with other prosecutors in California, which is to ban political contributions from police unions to candidates for district attorney. However, questions to her about that issue, including asking if Becton would also support banning contributions from criminal defense attorneys, were never responded to.

The commentary begins with the claim, “Our criminal legal system was constructed to control Black people and people of color. Its injustices are not new but are deeply rooted in our country’s shameful history of slavery and legacy of racial violence. The system is acting exactly as it was intended to, and that is the problem. We should know: We’re Black, we’re female, and we’re prosecutors. We work as the gatekeepers in this flawed system.”

In that commentary, the five elected prosecutors also wrote, “Each level of the legal system reflects a level of inherent bias, and unless we stop trying to reform the system and instead work to transform it, we will never achieve the kind of change needed to upend a system rooted in slavery. Working from within, we have begun the steps to rectify past wrongs. We are implementing policies that include declining to prosecute minor offenses, overturning wrongful convictions, refusing to take cases from officers with a history of racial bias and expunging marijuana convictions.”

“Now we are pushing even further. We have decided to make the following 11 commitments, and we urge our fellow prosecutors to join us:

  1. Do not prosecute peaceful protesters. Citizens have a right to protest, and prosecutions can antagonize marginalized communities.
  2. Do not accept any funding from police unions. This will ensure our offices’ independence, and the ability to hold police accountable for injustice and misconduct.
  3. Require the review of all available evidence — including body-worn camera and other video footage — in cases that rest solely on the testimony of an officer. One officer’s perspective cannot guarantee the full truth, and therefore all available evidence must be reviewed for the cases that come across our desks.
  4. Ban “No Knock” warrants and reexamine our policies for issuing warrants. “No Knock” warrants are a violation of individual rights and represent an overreach of police power. They often result in unnecessary and tragic fatalities, as we saw in the case of Breonna Taylor.
  5. Hold police accountable by pursuing criminal charges against officers unlawfully using excessive force and other forms of state-sanctioned violence.Each member of law enforcement must do their part to hold officers accountable for unlawful practices and misconduct to ensure the safety of every person who comes in contact with the legal system.
  6. Expand our office policies on declining low-level offenses to cover decisions regarding charging and issuing warrants. By increasing our efforts to decline to prosecute certain low-level offenses, we can work to reverse the disproportionate impact the legal system has on Black people and low-income communities.
  7. Financially support and advocate for increases in funding to community-led and community-defined responses, restorative justice and violence prevention programs. Investing in community-led programs is crucial to addressing the racist origins of our legal system.
  8. Commit to using our office’s power and platform to advance discussions of divestment from the criminal legal system and toward community-led and community-defined responses to harm. Strong community support, restorative justice practices and diversion practices are key to dismantling the current legal system and shifting its focus from punishment toward justice.
  9. Develop grant-based community reinvestment programs to be administered in partnership with community-based partners. Community programs have proved to lessen recidivism and keep people out of contact with the criminal legal system, while keeping communities safer, overall.
  10. Solicit feedback from Black and brown community groups we were elected to serve through public, virtual forums in the next two weeks. Only by listening to the most impacted communities and advocates and bringing them to the table, will we truly understand their greatest needs and biggest challenges. Then, we will work together to rectify them.
  11. Commit to budget transparency.A budget is a moral document, and our constituents have the right to see how we allocate our budget and what we are funding to invest in community supports and safety.

To read the entire commentary on Politico, click here.

Orinda armed robbery suspect with criminal history arrested in Texas

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

All three suspects involved in an armed robbery that occurred on July 25, 2020 in Orinda have been arrested.

The robbery occurred on Fallen Leaf Terrace in Orinda at about 2 PM when armed suspects approached a resident as he was unloading his vehicle in his driveway. The suspects fled with personal property.

Orinda police detectives, working with other law enforcement agencies, were able to identify the three suspects involved in the robbery. They were apparently suspects in other crimes committed in the East Bay.

Two of them were arrested late last month by Piedmont and Berkeley Police. The two agencies were serving search and arrest warrants at an Oakland home for crimes that occurred in their jurisdictions. The two are identified as 23-year-old Shane Downs and 25-year-old John Downs, both of Oakland.

The third suspect wanted by Orinda police was taken into custody on Tuesday, August 25, 2020, in Plano, Texas. He is identified as 25-year-old Demaria Leanthony Adger of Oakland. He remains in custody in Collin County and is pending extradition back to Contra Costa County.

Orinda detectives continue to investigate the incident.

Adger has a criminal history with multiple arrests dating back to 2014 in Oakland, Berkeley, Alameda County, San Joaquin County, and Sonoma County. (See graphic below)

From localcrimenews.com.

Anyone with any information on this incident is asked to contact Sergeant S. Valkanoff of the Orinda Police Department at (925) 253-4217. For any tips, please email: tips@so.cccounty.us or call 866-846-3592 to leave an anonymous voice message.

Allen Payton contributed to this report.

Richmond man sentenced to six years in prison on child porn charges

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Followed by 20 years of supervised release

OAKLAND – John Vicencio Vinoya was sentenced today to six years in prison, to be followed by twenty years of supervised release, for attempted receipt of child pornography, announced United States Attorney David L. Anderson and Homeland Security Investigations (HSI) Special Agent in Charge Tatum King.  The sentence was handed down by the Honorable Haywood S. Gilliam, Jr.

Vinoya, 48, of Richmond, California, pled guilty to the charge on September 30, 2019. According to the plea agreement, Vinoya admitted that, in July 2018, when he was 46 years old, he texted a girl that he knew to be fourteen years old.  When he learned that the minor was about to take a shower, he requested that she send him a “half body pic.”  Vinoya admitted that he hoped and intended that the minor would send him a naked photograph that would have constituted child pornography.

Vinoya further admitted that, two weeks later, he sent sexually explicit text messages to the minor’s cell phone.  He attempted to persuade and entice the minor to have sexual intercourse with him.  On August 2, 2018, Vinoya drove to the minor’s home at a time when he believed that her parents were out of town.  He brought condoms and lubricating oil with him to the meeting. He was stopped by law enforcement when he reached the minor’s home.

Vinoya was indicted by a federal grand jury on December 13, 2018.  He was initially charged with online enticement of a minor, in violation of 18 U.S.C. § 2422(b).  He ultimately pled guilty to a violation of 18 U.S.C §§ 2252(a)(2) and (b), attempted receipt of child pornography.  Vinoya has been in custody since his arrest by officers of the El Cerrito Police Department on August 2, 2018.

Katherine Lloyd-Lovett is the Assistant U.S. Attorney who is prosecuting the case with the assistance of Kay Konopaske.  The prosecution is the result of the collaborative investigative efforts of the El Cerrito Police Department, the Silicon Valley Internet Crimes Against Children Task Force, and Homeland Security Investigations HSI.

Bay Point man shot, killed in Bay Point early Tuesday morning

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

Tuesday morning, August 11, 2020 at about 1:46, Muir Station Deputy Sheriffs were dispatched to a report of a body on the 400 block of Pullman Avenue in Bay Point.

Deputies arrived on scene and found a man on the ground. He appeared to have suffered a gunshot wound.

The fire department and an ambulance responded. The victim was later pronounced deceased at the scene.

Detectives and crime lab personnel responded to investigate this incident.

The victim was later identified as 28-year-old Joshua Johnson of Bay Point. The cause of death is listed as gunshot wound.

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