Contra Costa Herald

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

Fairfield woman arrested for Alamo bank robbery Tuesday

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Linked to two other robberies in Pleasant Hill and Martinez

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

On Tuesday, January 21, 2020, at about 11:07 AM, Valley Station Deputy Sheriffs were dispatched to the Union Bank on the 3100 block of Danville Boulevard in Alamo for a reported bank robbery. A woman apparently fled with some cash after threatening a bank teller.

Deputy Sheriffs, assisted by the Danville Police Department, immediately launched an investigation. The Crime Lab responded to the location.

During the investigation, 37-year-old Chelsea Michelle Smith of Fairfield, was identified as the suspect. Sheriff’s Office Detectives determined she was in the City of Fairfield and notified the Fairfield Police Department, which detained her.

Detectives later responded to Fairfield and arrested Smith who was then booked into the Martinez Detention Facility on a first degree robbery charge. She was being held in lieu of $100,000 bail. Smith has since bailed out.

Smith appears to be linked to two other robbery incidents that occurred in Contra Costa yesterday. One was in Pleasant Hill and the other was in Martinez.

The investigation is ongoing. Anyone with any information on this case is asked to contact the Sheriff’s Office Investigation Unit at (925) 313-2600. Tips could be emailed to: tips@so.cccounty.us or call (866) 846-3592 to leave an anonymous voice message.

Following hours long stand-off, barricaded man brandishing gun removed from West County home Wed. morning

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Screenshot of KPIX CBS5 news report about the stand-off at a West Contra Costa County house on Wed., Jan 22, 2020.

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

On Tuesday, January 21, 2020, at about 8:43 PM, Bay Station Deputy Sheriffs were dispatched to a report of a person with a gun at a home on the 2400 block of O’Toole Way in the Tara Hills neighborhood near San Pablo in unincorporated Contra Costa County.

A person apparently brandished a weapon and possibly fired some shots. There were no injuries.

Deputy Sheriffs attempted to make contact with the person but were not able to. At about 11:30 PM, the Sheriff’s Office SWAT Team and negotiators responded to the location. According to a KPIX CBS5 news report, the deputies surrounded the home.

Negotiators continued trying to make contact with him. The SWAT Team later this morning entered the home and detained the man.

The 30-year-old resident is not being identified. He was later taken to the hospital for evaluation.

Allen Payton contributed to this report.

Pleasant Hill man charged with production and possession of child pornography

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Daniel Joseph Feliciano. Photo by CCDA.

Defendant charged with creating video of sexual contact with nine-year old

OAKLAND – A federal grand jury indicted Daniel Joseph Feliciano charging him with producing and possessing child pornography, announced United States Attorney David L. Anderson and Homeland Security Investigations (HSI) San Francisco Special Agent in Charge Ryan L. Spradlin.

According to the indictment, Feliciano, 29, of Pleasant Hill, Calif., is alleged to have coerced a minor to engage in sexually explicit conduct in order to produce a visual depiction of the conduct.  Feliciano is also alleged to have knowingly possessed child pornography. (See related article).

According to a criminal complaint filed December 12, 2019, in connection with this case, this investigation began with a series of tips sent in October and December 2019 to the CyberTipline maintained by the National Center for Missing and Exploited Children (NCMEC).  The tips, referred to as CyberTips by the NCMEC, contained reports from internet service providers to NCMEC as well as the actual files from the accounts being reported.  Investigators from the Silicon Valley Internet Crimes Against Children Task Force traced the files, that included depictions of minors engaged in sexually explicit conduct, to an email account and an IP address in defendant’s name.

According to the complaint, the first CyberTip came from Dropbox in October 2019.  It contained a report and approximately 182 files, including three videos of prepubescent girls engaged in sexually explicit conduct.  Investigators discovered that the last IP address used to access the account could be traced to Feliciano.

In December 2019, several CyberTips alerted NCMEC regarding child pornography stored in a Google account.  The files included two videos of a 9- to 10-year-old child engaged in sexually explicit conduct.  Investigators traced the Google account and the videos to Feliciano.

The indictment charges Feliciano with one count of production of child pornography, in violation of 18 U.S.C. § 2251(a), and one count of possession of child pornography, in violation of 18 U.S.C. § 2251(a)(4)(B) and (b)(2).

Feliciano is next scheduled to appear on February 18, 2020, at 1 p.m. before the Hon. Jeffrey S. White, U.S. District Judge.

An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt.  If convicted on the production of child pornography charge, the defendant faces a maximum sentence of 30 years imprisonment, a minimum sentence of 15 years, five years to a life term supervised release, a fine of $250,000, a special assessment of $5,100, criminal forfeiture, and restitution.  If convicted on the possession of child pornography charge, the defendant faces a maximum sentence of 20 years imprisonment, five years to a life term supervised release, a fine of $250,000, a special assessment of $5,100, criminal forfeiture, and restitution.  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.

Suspected child sexual exploitation may be reported to the National Center for Missing & Exploited Children, via its toll-free 24-hour hotline, 1-800-843-5678.  Indeed, a NCMEC tip led to the investigation in this case.

Assistant U.S. Attorney Jonathan Lee is prosecuting the case with the assistance of Kay Konopaske and Kathleen Turner.  The prosecution is the result of an investigation by the HSI, the Silicon Valley Internet Crimes Against Children Task Force, and the Pleasant Hill Police Department.

Discovery Bay pilot convicted of making false statements to FAA

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Nicholas King Beyer from his Facebook page.

Lied about medical condition

SAN FRANCISCO – Nicholas King Beyer was convicted in United States District Court today of making false statements to the Federal Aviation Administration (FAA) on pilot medical certification forms, announced United States Attorney David L. Anderson; U.S. Department of Veterans Affairs Office of Inspector General, Criminal Investigations Division, Special Agent in Charge James Wahleithner; and U.S. Department of Transportation Office of Inspector General Regional Acting Special Agent in Charge Susan Ocampo.  The verdict was handed down today following a half-day bench trial before the Honorable Charles R. Breyer, U.S. District Judge.

Judge Breyer found Beyer, 34, of Discovery Bay, Calif., guilty on two counts of making false statements to the FAA, in violation of 18 U.S.C. § 1001(a)(2), and two counts of falsifying, concealing, or covering up material facts by trick, scheme, or device, in violation of 18 U.S.C. § 1001(a)(1).

According to his Facebook page, Beyer is a flight instructor at SkyView Aviation, LLC, worked at USS Harry S. Truman, is a former ABH at United States Navy and former Navy firefighter at NALF Fentress, studies at ATP Flight School and at Embry-Riddle Aeronautical University, and attended Liberty High School in Brentwood, CA.

Evidence at trial showed that Beyer made false statements on applications for an airman medical certificate, FAA Form 8500-8, which he submitted to the FAA in 2016, and again in 2018.  The FAA’s airman medical certificate process is the mechanism by which the FAA evaluates whether pilots are mentally and physically fit to fly.  The evidence showed that Beyer falsely stated on both of his Form 8500-8s that he had never been diagnosed with, did not have, and had never had a mental disorder of any sort; when in fact Beyer had been diagnosed with Major Depressive Disorder by the Department of Veterans Affairs (VA) in 2016.  The evidence also showed that Beyer falsely stated on the forms that he was only receiving disability benefits for knee and back injuries from the VA, when he was also receiving disability benefits for Major Depressive Disorder.

A federal grand jury indicted Beyer on August 23, 2018, charging him with two counts of making false statements to the FAA, in violation of 18 U.S.C. § 1001(a)(2), and two counts of falsifying, concealing, or covering up material facts by trick, scheme, or device, in violation of 18 U.S.C. § 1001(a)(1).  Judge Breyer convicted Beyer on all four counts.

Judge Breyer scheduled the defendant’s sentencing hearing for April 22, 2020.

Beyer faces maximum statutory penalties of five (5) years imprisonment and a fine of $250,000, plus restitution for each violation of 18 U.S.C. § 1001(a)(2) and each violation of 18 U.S.C. § 1001(a)(1).  However, any sentence will 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.

Special Assistant U.S. Attorney Alexandra Shepard and Assistant U.S. Attorney David Ward are prosecuting the case with the assistance of Hector Lopez.  The prosecution is the result of an investigation by the Department of Transportation Office of Inspector General and the Department of Veterans Affairs, Office of Inspector General.

Allen Payton contributed to this report.

Two Oakley Police Officers injured subduing man standing in middle of road Saturday evening

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By Allen Payton

About 5:40 p.m. officers were dispatched to a welfare check for a man standing in the middle of the road holding two suitcases in his hands, causing traffic to drive around him, according to Oakley Police Sergeant Rick Grubaugh.

When the officers arrived, “the subject immediately punched one officer in the face a couple of times,” he stated. “That turned into a 700-foot chase on Delta Road, which ended at Elvis (Lane). The first officer had tazed the suspect and the second officer tazed him a second time.”

A couple other officers arrived on the scene, Sgt. Grubaugh continued.

“We believe, due to a mental health condition, the man put up a struggle before officers were able to bring him into custody,” he said. “Delta Road was closed, and it took about 30 minutes to clear the scene.”

According to a witness, who lives in Knightsen and was on his way home at the time, about 10 police cars and multiple ambulances were on the scene and Delta Road was closed between Brentwood Blvd. and Sellers Road.

“Both the suspect and the officers were treated at the scene,” Grubaugh shared. “Then both officers were transported to John Muir Walnut Creek. The suspect was seen at Contra Costa Regional Medical Center in Martinez and then booked at the county jail.”

Human Trafficking Day of Action in Richmond Thursday, January 23

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

Contra Costa County District Attorney Diana Becton is proud to join the Richmond Police Department, the San Pablo Police Department, the 23rd Street Merchants’ Association, the Contra Costa County Family Justice Center, Community Violence Solutions, the Contra Costa Human Trafficking Task Force and the Contra Costa Human Trafficking Coalition in hosting Richmond’s Human Trafficking “Day of Action” on Thursday, January 23, 2020 at 2:00 p.m.

Inspired by California State Senate Bill 1193, the Day of Action intends to educate individuals on how to recognize signs of human trafficking and inform them on how they can help prevent it. Members of the business community are encouraged to participate by posting human trafficking awareness signs with resources for victims to reach out to. Our local businesses are the extra eyes of our community and can help significantly in combating the crime of human trafficking in Contra Costa County.

A training session will be presented from 2:00 to 2:30 p.m. at the Family Justice Center’s West County office located at 256 24th Street in Richmond. From there, attendees will form teams and talk with local businesses about putting up posters with resource information for people who may be experiencing forced or coerced labor or commercial sex. The outreach will occur from 2:30 to 4:00 p.m. The public is encouraged to attend and join with law enforcement, city leaders and community organizers to make a difference in our community.

If you or someone you know has information regarding any acts or suspicions of human trafficking, please call the Contra Costa County Human Trafficking Hotline maintained by the District Attorney’s Office: 925-957-8658.

Local resources include Community Violence Solutions 24-hour resources line (800-670-7273) and Contra Costa’s Family Justice Center (925) 521-6366).

Contra Costa County was awarded a federal grant in October 2018 to form a Human Trafficking Taskforce that enhances collaboration between state, federal and local law enforcement and service providers for victims of both labor and sex trafficking.

 

Coroner’s inquest jury finds in custody death of El Cerrito woman was suicide

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

Sheriff-Coroner David O. Livingston announces that a Coroner’s Jury has reached a finding in the April 13, 2019 death of 36-year-old Maria Barraza of El Cerrito. The finding of the jury is that the manner of death is a suicide. (See related article).

The Coroner’s Jury reached the 12-0 verdict after hearing the testimony of witnesses called by the hearing officer, Matthew Guichard.

A Coroner’s Inquest, which Sheriff-Coroner 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, at the hands of another person, other than by accident.

Pittsburg Police arrest shooting suspects following chase into Antioch Friday morning

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Pittsburg shooting suspects flee overturned vehicle. Photo: Pittsburg PD

Antioch Police Officers assisted

By Pittsburg PD

Early Friday morning, graveyard Officers were dispatched to the report of shots fired in the area of Gladstone Drive at Loveridge Road. Officers were circulating the area when a witness pointed out a vehicle that was traveling at a high rate of speed through the neighborhood and was related. Officers attempted to initiate a traffic enforcement stop, at which time the vehicle fled from Officers and a pursuit ensued. The pursuit continued into the city of Antioch where the vehicle collided into the curb and flipped over.

Both suspects (see photo) fled on foot but were subsequently taken into custody after a brief search. A search of the vehicle was conducted, and several shell casings and live rounds were located. Both suspects were placed under arrest for several charges. Thank you @antiochpdca for the assist!

Felony charges filed against Orinda, Alamo burglary suspects from Clayton

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Suspects James Lipston and Devaughn Cooper. Photos: CCCSheriff

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

The Contra Costa County District Attorney’s Office has filed five counts of first degree burglary against 57-year-old James Lipston and 25-year-old Devaughn Cooper both of Clayton. This comes after Contra Costa County Office of the Sheriff detectives presented the case this morning.

The Sheriff’s Office launched an investigation after detectives were able to connect a recent burglary in Orinda to an attempted burglary in Alamo. The Investigation Division, along with the specialized patrol unit J-Team, were able to identify Lipston and Cooper as the suspects, as well as the vehicle they were using. They were linked to at least six residential burglaries in Alamo and Orinda.

On Tuesday, January 7, 2020, detectives began surveillance of the suspects. On Wednesday, January 8, 2020, at about 1145 AM, detectives arrested them in the area of Kaitlin Place and Court Lane in Concord. Lipston and Cooper were arrested as they exited a residence with stolen property.

Both were booked into the Martinez Detention Facility on charges of residential burglary. Cooper is being held in lieu of $250,000 bail. Lipston, who is on parole, is being held without bail.

Detectives later executed a search warrant at the suspects’ residence in Clayton. During the search of their vehicles and residence, a large amount of stolen property was recovered, in addition to a significant amount of narcotics.  Detectives believe Lipston and Cooper may be responsible for numerous other burglaries. The Sheriff’s Office is now in the process of attempting to return the stolen property to the rightful owners.

Anyone with any information on this case is asked to contact the Investigation Division at (925) 313-2600. Tips could be email to: tips@so.ccounty.us. Anonymous voice messages could be left at (866) 846-3592.

Contra Costa D.A. and Code for America announce 3,264 marijuana convictions will be cleared

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Part of automatic record clearance partnership

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

Contra Costa County District Attorney Diana Becton and Code for America today announced that 3,264 marijuana convictions eligible for relief under Proposition 64 will be dismissed and sealed as part of their cutting-edge partnership.

“I am grateful the partnership with Code for America has given us the ability to deliver tangible results for members of our community by dismissing old marijuana convictions allowed under the law. Far too often old criminal convictions for minor drug offenses can leave a lasting mark on an individual’s life. The removal of these convictions effectively reduces barriers to licensing, education, housing and employment. It is imperative that we continue to be innovative in our approach to reforming and strengthening the criminal justice system,” said Diana Becton, District Attorney for Contra Costa County.

“At Code for America, we believe government can work dramatically better than it does today; the criminal justice system is one of the areas in which we are most failing the American people. We must make sure that California lives up to the obligation of Proposition 64 and now AB 1793,” said Jennifer Pahlka, Founder and Executive Director, Code for America. “I’d like to thank Contra Costa District Attorney Becton for her leadership on this issue. Through our partnership, we will remove barriers to employment, housing, health and education for thousands of Californians. By reimagining existing government systems through technology and user-centered design, we can rethink incarceration, reduce recidivism and restore opportunity.”

The Contra Costa District Attorney’s office used Code for America’s Clear My Record technology, which reads bulk criminal history data from the California Department of Justice, and securely and accurately analyzes eligibility for record remediation under state law.  This technology can analyze eligibility for thousands of convictions in just a few minutes, alleviating the need for DA staff to go through state criminal records one by one to evaluate eligibility, a time and labor-intensive process.

This partnership helps address wrongs caused by the failed war on drugs, felt most strongly by communities of color. Approximately 2,400 individuals will receive conviction relief through this partnership. Of those, approximately 36% are Black or African American, 45% are White, 15% are Latinx, 2% are Asian/Pacific Islander, and 2% are other or unknown.

Contra Costa is the fifth California District Attorney’s Office to announce a pilot partnership with Code for America and use Clear My Record Technology to clear marijuana-related convictions eligible under Proposition 64.  The other counties include San Francisco, Sacramento, San Joaquin and Los Angeles.   In total, these five pilots will help reduce or dismiss approximately 75,000 Proposition 64 eligible convictions.

Earlier this year, Code for America also launched its new Clear My Record Application and Implementation Blueprint, available at no cost and open source to all California counties.  These resources allow all District Attorneys’ offices to follow the lead of DA Becton and expedite and streamline review of Prop 64 convictions.

Record Clearance for the Digital Age

Record clearance was not built for the digital age.  Previously, each person seeking relief had to petition the court on their own to clear their records, but this is a time-consuming, expensive, and confusing process.  Because of these barriers, the vast majority of those eligible for relief have not received it.

With the aid of Code for America’s Clear My Record technology, a DA’s office can automatically and securely evaluate eligibility for record clearance for thousands of convictions in just a few minutes.

This requires no action on the part of the individual, and minimal staff time and resources from the DA’s office — two obstacles for record clearance. Streamlining conviction data processing will also make it easier for courts to update records, ensuring that individuals can obtain relief as soon as possible.

These partnerships set the standard for the statewide implementation of Assembly Bill 1793, which tasks prosecutors with affirmatively reviewing convictions eligible for dismissal or reduction under Proposition 64.  This novel approach also creates a blueprint for the future of record clearance for remedies beyond Proposition 64 — the development of policy and technology that expands, streamlines and automates the record clearance process at scale.

Code for America has been making it easier for people to remove eligible convictions from their records through Clear my Record technology since 2016.

About Code for America

Code for America believes government must work for the people, and by the people, in the digital age, starting with the people who need it most. We build digital services that enhance government capabilities, and we help others do the same across all levels of government. We organize thousands of volunteers across nearly 80 chapters nationwide who improve government in their local communities. Our goal: a 21st century government that effectively and equitably serves all Americans. Learn more at codeforamerica.org.