Contra Costa Herald

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

Five suspects in fatal Orinda Halloween party shooting arrested, one from Contra Costa County

By 2 Comments

The five suspects arrested are (l-r) Jason Iles, Shamron Mitchell, Devin Williamson, Lebraun Wallace and Jaquez Deshawn Sweeney. Photos by CoCoSheriff.

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

Law enforcement agencies served Ramey arrest warrants and search warrants in several Bay Area counties this morning and arrested five suspects in connection with the Orinda shooting on October 31, 2019. (See related article)

The arrest warrants were served in the cities of San Mateo, Marin City, Vallejo and Antioch.

The Contra Costa County Office of the Sheriff was assisted by the San Mateo Police Department, Antioch Police Department, Vallejo Police Department, Marin County Sheriff’s Office, U.S. Marshals Service, Bureau of Alcohol, Tobacco, Firearms and Explosives and Federal Bureau of Investigation.

Sheriff’s Office Detectives, assisted by multiple law enforcement agencies, have worked continuously on the investigation into the shooting that claimed five lives at a Halloween party.

The five suspects are identified as:

-30-year-old Shamron Joshua Mitchell of Antioch. Mitchell was arrested on the following charges: murder and conspiracy. He is being held without bail.

-28-year-old Lebraun Tyree Wallace of the city of San Mateo. Wallace was arrested on the following charges: murder and conspiracy. He is being held without bail.

-20-year-old Jaquez Deshawn Sweeney of Marin City. Sweeney was arrested on the following charges: murder and conspiracy. He is being held without bail.

-20-year-old Jason D. Iles of Marin City. Iles was arrested on the following charges: murder and conspiracy. He is being held without bail.

-21-year-old Devin Isiah Williamson of Vallejo. He was arrested on the following charge: being an accessory. He is being held in lieu of $500,000 bail.

“Extraordinary cooperation among multiple law enforcement agencies led to these arrests and a small measure of justice for the true victims,” said Contra Costa Sheriff David Livingston. “Additionally, evidence shows two of the deceased persons inside the house were themselves armed, which may have played a role in this tragedy. We look forward to providing more information in the coming days.”

The investigation into the shooting is ongoing. Anyone with any information is asked to contact the Sheriff’s Office Investigation Division at (925) 313-2600. For any tips, please email: tips@so.cccounty.us or call 866-846-3592 to leave an anonymous voice message.

 

Attorney General Barr announces launch of Project Guardian – nationwide strategic plan to reduce gun violence

By Leave a Comment

U.S. Attorney General William Barr. Official portrait by DOJ.

Initiative emphasizes enforcing gun prohibitions based on domestic violence convictions and mental health denials

On Wednesday, Attorney General William P. Barr announced the launch of Project Guardian, a new initiative designed to reduce gun violence and enforce federal firearms laws across the country. Specifically, Project Guardian focuses on investigating, prosecuting, and preventing gun crimes.

Reducing gun violence and enforcing federal firearms laws have always been among the Department’s highest priorities. In order to develop a new and robust effort to promote and ensure public safety, the Department reviewed and adapted some of the successes of past strategies to curb gun violence. Project Guardian draws on the Department’s earlier achievements, such as the “Triggerlock” program, and it serves as a complementary effort to the success of Project Safe Neighborhoods (PSN). In addition, the initiative emphasizes the importance of using all modern technologies available to law enforcement to promote gun crime intelligence.

“Gun crime remains a pervasive problem in too many communities across America. Today, the Department of Justice is redoubling its commitment to tackling this issue through the launch of Project Guardian,” said Attorney General William P. Barr. “Building on the success of past programs like Triggerlock, Project Guardian will strengthen our efforts to reduce gun violence by allowing the federal government and our state and local partners to better target offenders who use guns in crimes and those who try to buy guns illegally.”

“I have long believed that the first duty of government is to protect the safety of our citizens,” he continued. “When I was last Attorney General in 1991, the country had experienced an explosion of violent crime. Crime rates had tripled over the previous decades. Violent crime was at its peak.

“At that time, the federal government dramatically increased its focus on combatting violent crime. We launched a series of initiatives focused on drug organizations, gangs, and gun offenders.

“We also expanded our close collaboration and joint operations with our state and local partners.

“A key initiative that was launched was Project Triggerlock, which targeted for federal prosecution violent felons who illegally possessed guns. It used our very strong federal gun laws to put those people away for a long period of time, a resolution that we couldn’t get from many of the state systems. Working cooperatively with district attorneys’ offices and the police in various cities, we were able to have these cases referred to us and able to use our strong federal laws to address them.

“When I left office, we were charging approximately 1,000 offenders a month for gun violations.

“Over the next 25 years, violent crime was cut in half.

“Unfortunately, during the last two years of the Obama Administration, it started increasing again.

“But this Administration put a stop to that and reversed that trend.

“Once again, working with our state and local partners, we pushed crime rates down in 2017 and 2018.

“In 2018, violent crime went down nearly 4% nationwide. Unfortunately, crime remains too high in many of our cities and rural areas,” Barr added.

“Neighborhoods throughout the United States are becoming increasingly aware of the deep scars being left upon victims of gun violence,” said David L. Anderson has served as the U.S. Attorney for the Northern District of California. “The Northern District of California is no exception.  Project Guardian, announced today by Attorney General Barr, provides critical tools that this office will use to keep guns out of the hands of those who are not entitled to them and to coordinate with our federal, state, local, and tribal partners prosecutions of those who violate our gun laws.”

“ATF has a long history of strong partnerships in the law enforcement community,” said Acting Director Regina Lombardo. “Make no mistake, the women and men of ATF remain steadfast to our core mission of getting crime guns off of our streets. ATF and U.S. Attorneys nationwide will leverage these partnerships even further through enhanced community outreach initiatives and coordination with local, state, and tribal law enforcement and prosecutors to cut the pipeline of crime guns from those violent individuals who seek to terrorize our communities. Project Guardian will enhance ATF’s Crime Gun Intelligence, to include identifying, investigating and prosecuting those involved in the straw purchases of firearms, lying on federal firearms transaction forms, and those subject to the mental health prohibition of possessing firearms.”

Project Guardian’s implementation is based on five principles:

  1. Coordinated Prosecution. Federal prosecutors and law enforcement will coordinate with state, local, and tribal law enforcement and prosecutors to consider potential federal prosecution for new cases involving a defendant who: a) was arrested in possession of a firearm; b) is believed to have used a firearm in committing a crime of violence or drug trafficking crime prosecutable in federal court; or c) is suspected of actively committing violent crime(s) in the community on behalf of a criminal organization.
  2. Enforcing the Background Check System. United States Attorneys, in consultation with the Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in their district, will create new, or review existing, guidelines for intake and prosecution of federal cases involving false statements (including lie-and-try, lie-and-buy, and straw purchasers) made during the acquisition or attempted acquisition of firearms from Federal Firearms Licensees. Particular emphasis is placed on individuals convicted of violent felonies or misdemeanor crimes of domestic violence, individuals subject to protective orders, and individuals who are fugitives where the underlying offense is a felony or misdemeanor crime of domestic violence; individuals suspected of involvement in criminal organizations or of providing firearms to criminal organizations; and individuals involved in repeat denials.
  3. Improved Information Sharing. On a regular basis, and as often as practicable given current technical limitations, ATF will provide to state law enforcement fusion centers a report listing individuals for whom the National Instant Criminal Background Check System (NICS) has issued denials, including the basis for the denial, so that state and local law enforcement can take appropriate steps under their laws.
  4. Coordinated Response to Mental Health Denials. Each United States Attorney will ensure that whenever there is federal case information regarding individuals who are prohibited from possessing a firearm under the mental health prohibition, such information continues to be entered timely and accurately into the United States Attorneys’ Offices’ case-management system for prompt submission to NICS. ATF should engage in additional outreach to state and local law enforcement on how to use this denial information to better assure public safety. Additionally, United States Attorneys will consult with relevant district stakeholders to assess feasibility of adopting disruption of early engagement programs to address mental-health-prohibited individuals who attempt to acquire a firearm. United States Attorneys should consider, when appropriate, recommending court-ordered mental health treatment for any sentences issued to individuals prohibited based on mental health.
  5. Crime Gun Intelligence Coordination. Federal, state, local, and tribal prosecutors and law enforcement will work together to ensure effective use of the ATF’s Crime Gun Intelligence Centers (CGICs), and all related resources, to maximize the use of modern intelligence tools and technology. These tools can greatly enhance the speed and effectiveness in identifying trigger-pullers and finding their guns, but the success depends in large part on state, local, and tribal law enforcement partners sharing ballistic evidence and firearm recovery data with the ATF.

Federal law enforcement represents only about 15% of all law enforcement resources nationwide. Therefore, partnerships with state, local, and tribal law enforcement and the communities they serve are critical to addressing gun crime. The Department recognizes that sharing information with our state, local, and tribal law enforcement partners at every level will enhance public safety and provide a greater depth of resources available to address gun crime on a national level.

For more information on Project Guardian, see the Attorney General’s memorandum at: https://www.justice.gov/ag/project-guardian-memo-2019/download.

(Read Barr’s complete remarks, here).

Richmond man sentenced to seven years in prison for possessing loaded gun

By Leave a Comment

OAKLAND – Saul Espinoza was sentenced on Tuesday to seven years in prison for being a felon in possession of a firearm and ammunition, announced United States Attorney David L. Anderson and Federal Bureau of Investigation Special Agent in Charge John F. Bennett.  The sentence was handed down by the Honorable Jeffrey S. White, U.S. District Judge.

Espinoza, 32, of Richmond, pleaded guilty to the charge on August 20, 2019.  According to his plea agreement, Espinoza admitted he was driving a Toyota 4Runner in Richmond, Calif., on October 4, 2018, when he turned at a high rate of speed and flipped his vehicle on its driver’s side.  Espinoza’s car came to a rest after colliding with an unoccupied van parked along the curb.  He remained in the car while officers approached and found him in possession of a Springfield XD-40 0.40 caliber semi-automatic pistol, with a fully loaded 16 round magazine.  Espinoza admitted that at the time of these events he was a convicted felon and therefore was not eligible to possess a firearm.

A federal grand jury indicted Espinoza on February 28, 2019, charging him with being a felon in possession of a firearm and ammunition, in violation of 18 U.S.C. § 922(g)(1).

In addition to the prison term, Judge White sentenced the defendant to a three-year term of supervised release. The defendant will begin serving the sentence immediately.

Assistant U.S. Attorney Jonathan U. Lee is prosecuting the case with the assistance of Jessica Rodriguez and Kathleen Turner.  The prosecution is the result of an investigation by the Federal Bureau of Investigation and Richmond Police Department.

BART officers, Management Association demand apology from Board Director for undermining law enforcement efforts over man eating sandwich on platform

By 1 Comment

Steven Foster being detained by a BART police officer for eating a sandwich on the Pleasant Hill BART Station platform and placed in handcuffs for resisting arrest. Photos from Foster’s Facebook page.

Claim Director Li encourages public to violate the law

OAKLAND, CA (Nov. 11, 2019) The head of the BART police officers’ association and leaders of the BART police management team are demanding an apology from BART director Janice Li for participating in an anti-police protest on a train platform and encouraging the public to violate the law.

Li was among a group of people who participated in an eat-in protest on the Embarcadero platform Saturday that questioned the authority of BART police to enforce state law and the BART code of conduct — both of which make clear that it is illegal to have food or drink in the paid areas of BART.

Li participated in the staged event even though the BART code of conduct she was protesting was approved by her own board of directors and calls for police to intervene in the event a person refuses to cooperate.

“Li is undermining the authority of BART police by advocating lawlessness and making our job as law enforcement officers that much harder,” said Keith Garcia, president of the BART Police Officers Association. Garcia was joined in his demand for an apology by BART Police Managers Association President Jason Ledford. “BART directors approved a list of infractions and misdemeanors, now Li is ridiculing police for enforcing those very rules. Our officers deserve greater respect.”

The protest was staged in response to a video of a man on the BART Pleasant Hill platform who became belligerent and combative when approached by a BART officer who requested that he not eat inside the pay gates.

“We talk to people 100 times a day about not eating on the platform or the train and the vast majority of the time they’re understanding and simply stop what they’re doing,” Garcia said. “This person apparently had an ax to grind with police.”

Garcia noted that the video widely distributed on social media does not show many important details of the incident, including how it began.

“Our officer was at the station on a separate call when he ran into the suspect in this case, who was on the platform eating a sandwich,” Garcia said. “Our officer said to him, ‘Just a reminder there is no eating on BART,’ and the subject responded, ‘I’m not on BART, I can eat wherever the f— I want.’

“Our officer then tells him that eating is not allowed anywhere in the paid areas, including the platform. And the subject responds, ’F— you, I ain’t doing nothing wrong,’ and continues to eat the sandwich directly in the officer’s face.”

When the officer asked the suspect for identification in order to write a citation for violating state law, the man refused to comply and continued to curse at the officer. The officer then requested back up.

Refusing to provide ID and being uncooperative with law enforcement is a misdemeanor. Nonetheless, the man was released after a brief detention and given only a citation.

“Our officer should be applauded for his professionalism and restraint, and for enforcing the rules that have been approved by the directors,” Ledford said. “The public has told us time and again that they’re concerned about the lawlessness on BART. Director Li should apologize to the department for not allowing our officers to do the job the public deserves.”

 

BART General Manager issues statement about man cited for eating on platform

By 1 Comment

Bob Powers, from his LinkedIn profile.

BART General Manager Bob Powers issued the following statement on Monday, Nov. 11:

“Moving 415,000 riders each day comes with complexities and there are laws in place to keep our system safe, welcoming, and clean.

I’ve seen the video of the incident involving a man eating on our platform and our police response.  Eating in the paid area is banned and there are multiple signs inside every station saying as much.  As a transportation system our concern with eating is related to the cleanliness of our stations and system. This was not the case in the incident at Pleasant Hill station on Monday. (See video on KRON4 news report)

The officer asked the rider not to eat while he was on the platform responding to another call.  It should have ended there, but it didn’t.  Mr. Foster did not stop eating and the officer moved forward with the process of issuing him a citation.* The individual refused to provide identification, cursed at and made homophobic slurs at the officer who remained calm through out the entire engagement.

The officer was doing his job but context is key. Enforcement of infractions such as eating and drinking inside our paid area should not be used to prevent us from delivering on our mission to provide safe, reliable, and clean transportation. We have to read each situation and allow people to get where they are going on time and safely.

Steven Foster being detained by a BART police officer for eating a sandwich on the Pleasant Hill BART Station platform and placed in handcuffs for resisting arrest. Photos from Foster’s Facebook page.

I’m disappointed how the situation unfolded.  I apologize to Mr. Foster, our riders, employees, and the public who have had an emotional reaction to the video.

I’ve spoken to our interim Police Chief about my feelings related to this incident and our Independent Police Auditor is conducting an independent investigation.  He will report his findings to our Citizen Review Board.”

*This statement was amended at 4pm on November 11 to remove the part about the officer passing by and walking by again. The officer involved clarified to staff he didn’t walk by because the platform was too crowded.  The statement originally stated: “The officer asked the rider not to eat while passing by on another call.  It should have ended there, but it didn’t. When the officer walked by again and still saw him eating, he moved forward with the process of issuing him a citation.” The statement was updated to read: The officer asked the rider not to eat while he was on the platform responding to another call.  It should have ended there, but it didn’t.  Mr. Foster did not stop eating and the officer moved forward with the process of issuing him a citation.

Police seek three suspects in Halloween armed home invasion robbery in Lafayette

By 3 Comments

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

On Thursday, October 31, 2019, at about 8:30 PM, Lafayette Police Officers were dispatched to a report of a home invasion robbery that happened on the 1300 block of Martino Road in Lafayette.

The incident involved three suspects who were armed with a pistol. One suspect apparently knocked on the front door, while two others hid. When a resident opened the door, he was assaulted and forced back inside. The suspects went through the house, stealing valuables and personal items. The suspects were in the home for approximately one hour before leaving with the victims’ BMW sedan.

The stolen vehicle was tracked to Oakland. Officers from the Orinda Police Department, assisting in the investigation, responded to Oakland and found the stolen vehicle abandoned.

One of the victims was transported to a local hospital. The other suffered minor injuries.

The investigation is ongoing.

Anyone with any information on this case is asked to contact the Lafayette Police Department at (925) 283-3680 or (925) 299-3234. For any tips, email: 94549TIP@gmail.com or call (866) 846-3592 to leave an anonymous voice message.

Richmond man faces 15 years to life in state prison for sexual assault of two girls

By Leave a Comment

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

On Thursday, Oct. 31, 2019, defendant Ramiro Jimenez-Osorio of Richmond (73-years-old) pleaded guilty to two felonies for his repeated sexual assaults against two minor Jane Does under the ages of 14. The assaults occurred on multiple occasions from 2012-2015. After the victims in this case reported the improper conduct committed by the defendant, he fled prosecution and arrest to El Salvador.

On October 31, 2019, the Honorable David Goldstein in Department 6 sentenced the defendant to a term of 15 years to life in state prison. The defendant was previously convicted of a felony sexual assault of a minor in 2007. The prior conviction was charged as an enhancement.

“I want to emphasize how important the work of the Richmond Police Department was to successfully bring this case to a just resolution. RPD detectives and officers never gave up on seeking justice for the victims. Their work led the defendant to come back to the United States after years abroad in El Salvador,” said Deputy District Attorney Jay Melaas. DDA Melaas prosecuted the case on behalf of our Office and assigned to the Sexual Assault Unit.

To protect their confidentiality, our office does not release the name or age of the victim, or their relationship to a defendant.

Case information: People v. Ramiro Jimenez-Osorio, Docket Number 05-190838-3

Five victims identified in Orinda shooting on Halloween, four from Contra Costa County

By 2 Comments

Renter lied about reason for renting Airbnb home.

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

The Orinda Police Department and the Contra Costa County Office of the Sheriff continue to investigate a shooting that occurred on the 100 block of Lucille Way in Orinda on Thursday, October 31, 2019, at about 10:50 PM.

Orinda Police Officers, along with law enforcement officers from throughout the county, arrived on scene and found a house party with over 100 attendees. The party-goers apparently came from throughout the Bay Area for the Halloween event, which was advertised on social media. The party took place in a home that was found on a short-term rental website.

According to the Associated Press, the home was rented by a woman who “lied to her Airbnb host, saying she only needed a place to keep her family members away from wildfire smoke”.

Arriving Officers found a highly chaotic scene that included gunshot victims, injured party-goers, and numerous people fleeing the scene. Officers triaged the victims, cleared the location for safety and safeguarded the crime scene. Law enforcement officers found three gunshot victims who were later pronounced deceased at the scene. Another died at the hospital.

The victims are identified as 22-year-old Tiyon Farley of Antioch, 24-year-old Omar Taylor of Pittsburg, 23-year-old Ramon Hill Jr. of San Francisco/Oakland and 29-year-old Javin County of Sausalito/Richmond. An additional victim has been pronounced deceased at a local hospital. She is identified as 19-year-old Oshiana Tompkins of Vallejo/Hercules. There are now a total of five fatalities in this shooting.

Several other victims were transported to local hospitals by ambulance, while some victims transported themselves to the hospital. The injured suffered from gunshot wounds and injuries sustained while fleeing the scene.

A number of law enforcement agencies from the Bay Area assisted during the initial response as well as during the ongoing investigation. These include the Contra Costa D.A.’s Office and the Federal Bureau of Investigation.

The Sheriff’s Office Forensic Services Division Crime Lab responded to the home to process the scene. Two firearms were located in the house. The Crime Lab is analyzing the weapons to determine if they were used in the shooting or any other crimes. Numerous shell casings found at the scene are being processed and analyzed by the Crime Lab.

The investigation into this incident is ongoing with numerous interviews of witnesses and the analysis of evidence. The suspect is still outstanding.

Orinda Police Officers were yesterday called to the house at 9:19 PM and 10:25 PM regarding a noise complaint. At 10:48 PM, an officer was headed to the home to investigate the calls. The initial reports of shooting came in around 10:50 PM.

Anyone with any information on this case is asked to contact the Orinda Police Department or Office of the Sheriff at (925) 646-2441. The Investigation Division can be reached at (925) 313-2600. For any tips, email: tips@so.cccounty.us or call (866) 846-3592 to leave an anonymous voice message.

Allen Payton contributed to this report.

U.S. Attorney charges Concord man with possession of child pornography

By Leave a Comment

Ruben Edward Calle. Photo by Concord Police Department

OAKLAND –Ruben Eric Calle has been charged with possession of child pornography announced United States Attorney David L. Anderson and Homeland Security Investigations Special Agent in Charge Tatum King.

Calle, 54, of Concord, was charged in a criminal complaint filed October 29, 2019, and unsealed today.  According to the affidavit of a task force officer and member of the Silicon Valley Internet Crimes Against Children Task Force filed in connection with the criminal complaint, Calle possessed more than 600 sexually explicit images of child pornography.  Law enforcement agents found the child pornography when they executed a search warrant at Calle’s residence on July 11, 2018.  The images found in Calle’s possession are alleged to include depictions of an adult engaging in sexually explicit conduct with prepubescent children, including an infant or toddler.  Allegedly, the images also include depictions of sadistic and/or masochistic conduct.

The investigation into Calle’s conduct began in 2018 when the National Center for Missing and Exploited Children received two CyberTips.  Based on the information provided, investigators traced the uploading of child pornography on a peer-to-peer service to Calle’s residence.

Calle was arrested today in Concord and made his initial appearance in federal court in Oakland before U.S. Magistrate Judge Donna M. Ryu.  Calle’s next appearance is set for November 5 at 10:30 a.m. for a status and detention hearing before U.S. Magistrate Judge Kandis A. Westmore.

A complaint merely alleges that crimes have been committed and all defendants are presumed innocent until proven guilty beyond a reasonable doubt.  If convicted, the defendant faces a maximum sentence of 10 years (20 years if the images depict prepubescent children), and a fine of $250,000, plus restitution for each violation of 18 U.S.C. § 2252.  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.

Assistant U.S. Attorney Jonathan U. Lee is prosecuting the case with the assistance of Jessica Gonzalez Rodriguez and Kathleen Turner.  The prosecution is the result of an investigation by the Silicon Valley Internet Crimes Against Children Task Force, Concord Police Department, and United States Department of Homeland Security.

At least three people dead, others injured in shooting at Orinda Halloween party Thursday night

By 1 Comment

Sheriff’s Detectives investigate

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

On Thursday night, October 31, 2019, at about 10:50, Orinda Police Officers were dispatched to reports of a shooting at a residence on the 100 block of Lucille Way in Orinda.

Orinda officers, assisted by law enforcement officers from the area, arrived on scene and found a large house party with over 100 attendees.

There were three apparent gunshot victims who were pronounced deceased at the scene. Another died later at the hospital.

Other victims were taken to local hospitals by ambulance. The exact number is unknown as some victims transported themselves to the hospital.

A KTVU Fox2 News report gave the number of deceased victims at four, with a fourth having died at the hospital.

The Contra Costa County Office of the Sheriff Forensic Services Division Crime lab and Detectives from the Homicide Unit responded to the scene. The investigation is ongoing.

Anyone with any information on this case is asked to contact the Orinda Police Department or Office of the Sheriff at (925) 646-2441. The Investigation Division can be reached at (925) 313-2600. For any tips, email: tips@so.cccounty.us or call (866) 846-3592 to leave an anonymous voice message.

Allen Payton contributed to this report.