Contra Costa Herald

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

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

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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

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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

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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

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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

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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

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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.

Brentwood Police investigate drive-by shooting at In-N-Out Burger Friday night

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By Brentwood Police Department

On Friday night/Saturday morning, October 19, 2019, at around 12:04 a.m., Brentwood officers responded to the In-N-Out Burger parking lot located at 5581 Lone Tree Way to investigate a shooting. When officers arrived on scene, they quickly learned two victims (19- and 16-year-old males) were struck by gunfire in a drive-by shooting. When the shooting occurred, both victims were standing amongst a group people in the parking lot on the west side of the restaurant. Both victims were taken to area hospitals and are expected to survive their gunshot wounds.

The suspect vehicle was described as a silver, 2017 or newer, Honda Accord sedan with rear tinted windows. The suspect vehicle was last seen traveling eastbound on Lone Tree Way towards Canada Valley Road. The shooting happened so quickly nobody could provide a suspect(s) description.

The restaurant was struck by two bullets, but thankfully no customers or employees were hit.

Preliminary information suggests this was not a random act, but the motive is still unclear.

This investigation is still ongoing and no additional details are being released at this time.

Anyone with information regarding this shooting is encouraged to call Detective Joe Nunemaker at 925-809-7761. Callers can remain anonymous.

Child molestation suspect from Walnut Creek dies in custody at West County Detention Facility Wednesday

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Enrique Pina. Photo by Walnut Creek PD.

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

At approximately 1:40 PM today, Wednesday, October 16, 2019, a Deputy Sheriff was conducting room checks at the West County Detention Facility (WCDF) in Richmond. While approaching a room, he noticed an inmate hanging from his bunk by a bedsheet. The Deputy Sheriff, as well as medical staff at the jail, immediately began lifesaving measures. The inmate was later pronounced deceased.

The inmate is identified as 72-year-old Enrique Pina of Walnut Creek. He was arrested on September 24, 2018 and has been in custody since then. He was arrested by the Office of the Sheriff and booked on nine felony charges that include sodomy with a child who is 10 years of age or younger, oral copulation of a child who is 10 years of age or younger, and using force to commit lewd and lascivious acts against a child under the age of 14. Pina was being held in lieu of $4.8 million bail.

Pina, who was also suffering from a terminal illness, was evaluated last month by a Mental Health Clinician from Contra Costa Mental Health (CCMH). Pina was cleared to remain on the module at WCDF and was being monitored by CCMH.

The in-custody death protocol was invoked. The investigation is ongoing by the Contra Costa County District Attorney’s Office and the Contra Costa County Office of the Sheriff.

Any inquiries regarding Pina’s medical and mental health should be directed to Contra Costa Health Services. The Health Services’ Public Information Officer can be reached at (925) 957-2681.

Sheriff’s Deputies make arrest for pointing laser at rescue helicopter Friday

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Contra Costa County Sheriff STARR Air Unit 1 2015. Photo by CCCSheriff

By Office of the Contra Costa County Sheriff

While assisting a law enforcement agency with a pursuit on Friday, Sheriff’s Office STARR 3 helicopter was hit continuously with a green laser that came from an uninvolved vehicle. This is dangerous as it can temporarily blind the pilot.

Once STARR 3 cleared the pursuit, it was able to direct ground units to the location of the suspect vehicle where the laser was discharged. Deputies arrested and booked the suspect for discharging a laser at an aircraft and probation violation. A green laser was recovered.

Pittsburg parolee arrested after crashing into car following multi-city pursuit by Sheriff’s Deputies

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

On Sunday, October 6, 2019, at about 8:10 PM, a vehicle heading southbound on Highway 680 near North Main Street passed a Deputy Sheriff at a high rate of speed. The Deputy attempted a traffic enforcement stop on the vehicle. The car did not yield leading Deputies on a pursuit.

The suspect vehicle went into Pleasant Hill, Concord, and Pittsburg before heading into Bay Point. While fleeing eastbound on the 2100 block of Willow Pass Road, the suspect struck a vehicle pulling out of a business. The three occupants in the vehicle that was hit were injured and taken to the hospital for treatment.

The suspect was arrested. He is identified as 27-year-old Conrad Mariscal of Pittsburg. He was booked into the Martinez Detention Facility on numerous charges including felony evading, reckless driving, possession of a controlled substance and transporting a controlled substance. Mariscal, who was also on parole, is being held without bail.

Anyone with any information on this case 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.