Contra Costa Herald

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

Contra Costa DA creates office’s first ever standalone conviction integrity unit

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District Attorney Diana Becton announced recently that she has created the first ever standalone Conviction Integrity Unit for the Contra Costa County District Attorney’s Office. The unit will investigate wrongful conviction claims of actual innocence based on new evidence and information, and cases where there is evidence involving significant integrity issues. Interested parties can submit a claim using the forms on the district attorney’s website to the Conviction Integrity Unit through the District Attorney’s Office.

“Our Office is ethically bound to consider any legal wrongs committed during a prosecution of an individual. With this new unit, the public can be assured we have resources now at our disposal to investigate prior convictions and seek justice for the wrongly convicted. We have a duty as prosecutors to uphold the law and administer fair justice for all. Our Office now joins over 30 jurisdictions across the country in a growing movement to establish Conviction Integrity Units,” said Becton.

The Conviction Integrity Unit will also assist in reviewing and developing practices and policies related to training, case assessment, investigations, and disclosure obligations with the goal of preventing wrongful convictions in the first place. The unit is supervised by Deputy District Attorney Brian Feinberg and overseen by Assistant District Attorney Venus D. Johnson.

Multiple national and local criminal justice organizations such as the Innocence Project, Fair and Just Prosecution, and Immigration Legal Resource Center support DA Becton’s move to create the Conviction Integrity Unit.

In a support letter, Fair and Just Prosecution’s Miriam Aroni Krinsky wrote: “Having a process for review of convictions through a CIU is a recognized best practice around the nation. Establishing these protocols in Contra Costa County will protect the integrity of the criminal justice process and promote public safety by bolstering trust and confidence in local law enforcement and the justice system as a whole.”

Rose Cahn, a Criminal and Immigrant Justice Attorney with the Immigrant Legal Resource Center’s said: “We applaud the CCCDA’s leadership and its commitment to ensuring that innocent people do not face continued punishment, from inside or outside the criminal justice system.”

Northern California Innocence Project’s Executive Director, Linda Starr, also supports the creation of a standalone Conviction Integrity Unit as our Office’s new unit “includes all of the best practices — neutral, expansive, and collaborative review — which will lead to just results.”

Stabbing in Concord Thursday afternoon

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By Corporal S. Galer, Concord Police Department

On Thursday, May 30, 2019 just before 2pm, Officers responded to the 1400 block of Bel Air Dr. for a report of a stabbing. Investigators learned that three male teenagers, two of which are brothers, were playing video games inside an apartment. For reasons that are unknown at this time, one of the brothers produced a knife and stabbed the visiting friend several times. The juvenile suspect then fled the apartment; however, soon after called CPD dispatch to turn himself in.

The juvenile suspect was taken into custody a few blocks away from the apartment without incident. The victim was flown to a trauma center based on the injuries he sustained. There is no additional threat to the community.

This is an active investigation and no further details are being released at this time.

Nearly 50 gunshots at Pleasant Hill hotel early Sunday morning

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Residence Inn Pleasant Hill. From their website.

By Sgt. Janayla Pierson, Pleasant Hill Police Department

On June 2nd at 01:00 AM, officers were dispatched to a report of shots fired at the Residence Inn located at 700 Ellinwood Way. A large number of people were leaving the area when officers arrived. Nearly fifty casings were located in the parking lot where numerous vehicles were struck and a round was fired into an occupied room. There were no injuries reported. The investigation is ongoing.

According to a KRON4 news report a party was going on in the room. But authorities do not know yet if there was a connection between the party and the shooting.

Anyone with information regarding this case is encouraged to contact the Pleasant Hill Police Department at (925) 288-4600.

Allen Payton contributed to this report.

Richmond man gets 30-month prison sentence for filing over 200 fraudulent tax returns

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Jeremy Orr was sentenced to 30 months in prison for wire fraud after filing more than 200 fraudulent income tax returns with the Internal Revenue Service, announced United States Attorney for the Northern District of California, David L. Anderson and Internal Revenue Service, Criminal Investigation (IRS-CI), Special Agent in Charge Kareem Carter.  The sentence was handed down today by the Honorable Jeffrey S. White, U.S. District Judge.

Orr, 36, of Richmond, Calif., pleaded guilty to the charge on March 12, 2019.  According to his plea agreement, Orr admitted he devised a scheme to defraud the IRS of hundreds of thousands of dollars by filing false federal income tax returns.  Orr obtained the personal identification information of individuals in and around the Bay Area and prepared false 2011 federal income tax returns in the names of those individuals.  The tax returns reported false wages, false education expenses, or both, that generated a fraudulent income tax refund.  In sum, Orr electronically filed more than 200 false tax returns with the IRS resulting in claimed fraudulent tax refunds totaling $335,142.

A federal grand jury indicted Orr on January 15, 2015, charging him with four counts of wire fraud, in violation of 18 U.S.C. § 1343, and four counts of aggravated identity theft, in violation of 18 U.S.C. § 1028A.  Orr pleaded guilty to one count of wire fraud and the remaining charges were dismissed.

In addition to the prison term, Judge White ordered the defendant to serve a three-year period of supervised release.  The defendant was remanded into custody on June 12, 2018, and will begin serving his prison term immediately.

Assistant U.S. Attorney Jose A. Olivera is prosecuting the case with the assistance of Jessica Rodriguez Gonzalez and Katie Turner.  The prosecution is the result of an investigation by the IRS-CI.

 

7 from East Contra Costa among 13 indictments targeting East Bay drug trafficking rings

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3 from Antioch, 2 from Pittsburg, 2 from Bay Point

By U.S. Attorney’s Office, Northern District of California

SAN FRANCISCO – Thirteen defendants were indicted on narcotics trafficking charges, announced United States Attorney David L. Anderson and Drug Enforcement Administration (DEA) Special Agent in Charge Chris D. Nielsen.  The indictment follows the arrest of five of the defendants on April 30, 2019, and the execution of search warrants at thirteen locations, including nine residences in Contra Costa County, Humboldt County, Fairfield, Suisun City and Modesto.

Three defendants are from Antioch including 66-year-old Lorenzo Lee, 63-year-old Deborah Polk and 40-year-old Timothy Peoples. Two others from Pittsburg were indicted, 46-year-old Jeffrey McCoy and 38-year-old Deshawnte Gamboa, as well as 57-year-old Anthony Brown and 26-year-old Evan Martinez-Diaz, both of Bay Point

All thirteen defendants were charged in a single indictment which charges controlled substance offenses involving methamphetamine, heroin, fentanyl, cocaine and cocaine base. The defendants and the charges pending against them are as follows:

 

Defendant Age Residence Charges Maximum Statutory Penalty
LORENZO LEE, a/k/a “O.G.” 66 Antioch, California Conspiracy to Distribute and Possess with Intent to Distribute Controlled Substances (Count 1)

 

21 U.S.C. § 846

 Not less than 10 years imprisonment and up to life

 

Not less than 5 years supervised release and up to life

 

$10 million fine
Distribution of and Possession with Intent to Distribute Controlled Substances, Including Cocaine, Cocaine Base, Methamphetamine, and Heroin (Counts 4, 7, and 13-15)

 

21 U.S.C. § 841(a)(1)

 Not less than 10 years imprisonment and up to life

 

Not less than 5 years supervised release and up to life

 

$10 million fine
JEFFREY MCCOY 46 Pittsburg, California Conspiracy to Distribute and Possess with Intent to Distribute Controlled Substances (Count 1)

 

21 U.S.C. § 846

 Not less than 5 years imprisonment and up to 40 years imprisonment

 

Not less than 4 years supervised release and up to life

 

$5 million fine
Distribution of Controlled Substances, Including Cocaine Base, Cocaine, and Heroin (Counts 2-7 and 9)

 

21 U.S.C. § 841(a)(1)

 Not less than 5 years imprisonment and up to 40 years imprisonment

 

Not less than 4 years supervised release and up to life

 

$5 million fine
ANTHONY BROWN, a/k/a “Ant Man” 57 Bay Point, California Conspiracy to Distribute and Possess with Intent to Distribute Controlled Substances (Count 1)

 

21 U.S.C. § 846

 Not less than 5 years imprisonment and up to 40 years imprisonment

 

Not less than 4 years supervised release and up to life

 

$5 million fine
Distribution of Cocaine Base

 

21 U.S.C. § 841(a)(1) (Count 7)

 Not less than 5 years imprisonment and up to 40 years imprisonment

 

Not less than 4 years supervised release and up to life

 

$5 million fine
DESHAWNTE GAMBOA 38 Pittsburg, California Conspiracy to Distribute and Possess with Intent to Distribute Controlled Substances (Count 1)

 

21 U.S.C. § 846

 Not less than 5 years imprisonment and up to 40 years imprisonment

 

Not less than 4 years supervised release and up to life

 

$5 million fine
Distribution of Heroin (Count 9)

 

21 U.S.C. § 841(a)(1)

 Not less than 5 years imprisonment and up to 40 years imprisonment

 

Not less than 4 years supervised release and up to life

 

$5 million fine
DEBORAH POLK 63 Antioch, California Conspiracy to Distribute and Possess with Intent to Distribute Controlled Substances (Count 1)

 

21 U.S.C. § 846

 Not less than 5 years imprisonment and up to 40 years imprisonment

 

Not less than 4 years supervised release and up to life

 

$5 million fine
Possession with Intent to Distribute Heroin (Count 15)

 

21 U.S.C. § 841(a)(1)

 Not less than 5 years imprisonment and up to 40 years imprisonment

 

Not less than 4 years supervised release and up to life

 

$5 million fine
Maintaining a Drug-Involved Premises (Count 16)

 

21 U.S.C. § 856(a)(2)

 20 years imprisonment

 

3 years supervised release

 

$500,000 fine
EVAN MARTINEZ-DIAZ 26 Bay Point, California Conspiracy to Distribute and Possess with Intent to Distribute Controlled Substances (Count 1)

 

21 U.S.C. § 846

 Not less than 10 years imprisonment and up to life

 

Not less than 5 years supervised release and up to life

 

$10 million fine
Possession with Intent to Distribute Methamphetamine and Cocaine (Counts 13 and 14)

 

21 U.S.C. § 841(a)(1)

 Not less than 10 years imprisonment and up to life

 

Not less than 5 years supervised release and up to life

 

$10 million fine
MAGO AGUILAR-PACHECO 38 West Covina, California Conspiracy to Distribute and Possess with Intent to Distribute Controlled Substances (Count 1)

 

21 U.S.C. § 846

 Not less than 5 years imprisonment and up to 40 years imprisonment

 

Not less than 4 years supervised release and up to life

 

$5 million fine
CESAR ALVARADO 38 Desert Springs, California Conspiracy to Distribute and Possess with Intent to Distribute Controlled Substances (Count 1)

 

21 U.S.C. § 846

 Not less than 10 years imprisonment and up to life

 

Not less than 5 years supervised release and up to life

 

$10 million fine
Possession with Intent to Distribute Cocaine, Heroin, and Methamphetamine (Counts 11-14)

 

21 U.S.C. § 841(a)(1)

 Not less than 10 years imprisonment and up to life

 

Not less than 5 years supervised release and up to life

 

$10 million fine
JESSE LOPEZ, III 30 Fowler, California Possession with Intent to Distribute Fentanyl (Count 8)

 

21 U.S.C. § 841(a)(1)

 Not less than 10 years imprisonment and up to life

 

Not less than 5 years supervised release and up to life

 

$10 million fine
JOSE DELGADILLO, a/k/a “Tepa” 41 Fairfield, California Conspiracy to Distribute and Possess with Intent to Distribute Controlled Substances (Counts 1 and 10)

 

21 U.S.C. § 846

 Not less than 10 years imprisonment and up to life

 

Not less than 5 years supervised release and up to life

 

$10 million fine
MARCO DELGADILLO, a/k/a “Tonio” 39 Fairfield, California Conspiracy to Distribute and Possess with Intent to Distribute Controlled Substances (Count 10)

 

21 U.S.C. § 846

 Not less than 10 years imprisonment and up to life

 

Not less than 5 years supervised release and up to life

 

$10 million fine
LUIS TORRES-GARCIA, a/k/a “Guero” 33 Rio Dell, California Conspiracy to Distribute and Possess with Intent to Distribute Controlled Substances (Count 10)

 

21 U.S.C. § 846

 Not less than 10 years imprisonment and up to life

 

Not less than 5 years supervised release and up to life

 

$10 million fine
TIMOTHY PEOPLES, a/k/a “Tee” 40 Antioch, California Possession with Intent to Distribute Cocaine and Cocaine Base (Counts 17 and 18)

 

21 U.S.C. § 841(a)(1)

 Not less than 5 years imprisonment and up to 40 years imprisonment

 

Not less than 4 years supervised release and up to life

 

$5 million fine

The defendants arrested on April 30, 2019, were originally charged by complaint.  The complaints have been unsealed.  Eight defendants were charged in complaints that were supported by an affidavit describing the underlying investigation (the Affidavit).  In addition, a separate complaint was filed against defendant Timothy Peoples, and that complaint has been unsealed as well.

According to the Affidavit, this investigation started in 2017 and involved the DEA, the United States Internal Revenue Service, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Antioch Police Department, Oakley Police Department, and Concord Police Department.  In 2017 and 2018, the investigators used informants to conduct a series of purchases of cocaine, cocaine base and heroin from JEFFREY MCCOY.  In furtherance of their investigation, the agents also obtained federal wiretap orders in 2018 and 2019 to monitor communications over telephones used by the conspirators.

According to the Affidavit, the agents also seized significant quantities of narcotics from various defendants during the investigation.  The following chart summarizes the seizures, which are discussed in more detail in the Affidavit:

DATE SEIZED CIRCUMSTANCES
5/15/2018 4 kg of heroin mixed with fentanyl and $46,000 Seized from courier after leaving LEE’s residence
8/8/2018 18 lbs of methamphetamine Seized en route to TORRES-GARCIA from Jose DELGADILLO
1/26/2019 2 kg of cocaine Seized en route to meeting point with LEE
2/9/2019 7 kg of narcotics and $104,505 Seized from courier after leaving LEE’s residence
2/9/2019 20 lbs of methamphetamine and 1 kg of cocaine Discarded from courier’s vehicle after leaving LEE’s residence

In addition, any sentence following conviction 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.

This case was investigated and prosecuted by member agencies of the Organized Crime Drug Enforcement Task Force, a focused multi-agency, multi-jurisdictional task force investigating and prosecuting the most significant drug trafficking organizations throughout the United States by leveraging the combined expertise of federal, state, and local law enforcement agencies.

Allen D. Payton contributed to this report.

 

 

 

DA Becton updates immigration policy to avoid deportation of defendants to comply with state law

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By Allen Payton

Contra Costa County District Attorney Diana Becton issued a new policy for the DA’s Office focused on immigration. In order to comply with state and federal laws, the office has updated its immigration policy.

“It is important to have a standardized process in place to ensure we meet our obligations under the law. I am confident that with this new policy we can fairly review all options for a disposition while at the same time ensuring we meet the demands to protect the public and victims,” said DA Becton. “Moving forward, cases will be evaluated by our state legislative mandate to ‘consider the avoidance of adverse immigration consequences in the plea negotiation process as one factor in an effort to reach a just resolution.’”

Last July, for the first time ever, the entire DA’s office staff received an in-depth immigration training which focused on the role of prosecutors in considering adverse immigration consequences, i.e. deportation.

The law was changed in California in 2016 and now Penal Code Section 1016.3(b) mandates, “the prosecution … consider the avoidance of adverse immigration consequences in the plea negotiation process as one factor in an effort to reach a just resolution.”

The legislature enacted the law after finding “the immigration consequences of criminal convictions have a particularly strong impact in California. One out of every four persons living in the state is foreign-born. One out of every two children lives in a household headed by at least one foreign-born person. The majority of these children are United States citizens. It is estimated that 50,000 parents of California United States citizen children were deported in a little over two years. Once a person is deported, especially after a criminal conviction, it is extremely unlikely that he or she ever is permitted to return.” (Cal. Penal Code Section 1016.2(g)).

Following are aspects of Becton’s updated policy, under governing law, “consideration of immigration consequences during the plea negotiation process is mandatory” and “victim’s rights must also be included and considered in the plea negotiation process.”

The policy notes that “These internal guidelines are not intended to create any new procedural rights in favor of criminal defendants or to be enforceable in a court of law. Nor shall these guidelines be construed to create any presumptions that a previously sentenced defendant would have received any offer other than that which has already been extended and accepted.

The policy further states, “Prosecutors do not have an obligation to independently research or investigate the adverse immigration consequences that may result from a plea or criminal conviction.” But, they “shall consider adverse immigration consequences presented by the defense.”

In addition, the new policy requires that “the supervising prosecutor…determine based upon the totality of the circumstances if an appropriate disposition can be reached that neither jeopardizes public safety nor leads to disproportionate immigration consequences based on the information provided by the defense.”

According to the new policy, alternative considerations include, “Devising an alternative plea agreement that is factually honest and of a similar nature and consequence to the originally charged offense, but minimizes the defendant’s exposure to adverse immigration consequences;” and “Allowing language to be stricken from a charging document or plea colloquy while maintaining the truthfulness of the remaining charging language.”

Scott Alonso, Public Information Officer, Office of the Contra Costa County District Attorney contributed to this report.

Richmond Police arrest drug dealer, find drugs in shoe while in jail

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Illegal gun found at suspect’s home and drugs found in his shoe at Richmond jail. Photos by Richmond PD.

By Richmond PD

***Air Jordan***

Recently, Richmond PD’s SIS Gang Unit arrested a known drug dealer with controlled substances and a large amount of money on his person. Once in the jail, officers discovered the suspect concealing more narcotics in his shoe and in other body locations. The SIS Gang Unit then performed a search warrant on the suspect’s home, locating more narcotics, money and an illegal firearm. This is the fourth time this year a gun has been recovered from this suspect. Great work RPD Gang Unit!

Pittsburg man dies from multiple gunshot wounds Monday, police seek shooter

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By Pittsburg PD

On Monday, May 6, 2019, just prior to midnight, Pittsburg Officers responded to an address on Shoreline Drive for the report of shots fired. While officers were responding to the scene, the victim’s mother informed dispatch that her son ran inside the house stating he had been shot by an unknown man. When officers arrived at the house, they located the victim suffering from multiple gunshots wounds to the upper torso. Officers began life saving measures until Contra Costa County Fire and medical personnel arrived and took over. The victim, a 47-year-old Pittsburg man, informed officers he was outside at his vehicle when an unknown man approached him, fired multiple shots at him, then fled on foot. The victim was transported to John Muir Hospital in Walnut Creek where died.

The Pittsburg Police Department’s Investigations Division responded to the scene and took over the investigation. Detectives are currently contacting witnesses and obtaining statements from those involved. Based on initial information, it is unknown if victim and the man knew each other. Additional information is not available at this time and the name of the victim is being withheld pending notifications. This is the city of Pittsburg’s fifth homicide of the year.

The Pittsburg Police Department is requesting the public’s assistance and asks anyone with additional information to please contact the Pittsburg Police Department Tip-Line at 925-252-4040.

Pittsburg Police seize drugs, guns, ammunition and a lot of cash Wednesday

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Photo by Pittsburg PD.

By Pittsburg PD

Drugs, guns, ammo, and a lot of cash.

Everything you see in the photo was seized today by our Vice/Gang unit as a result of a search warrant in Pittsburg.

Vice Detectives recovered six firearms, including a fully automatic assault rifle, eight high capacity magazines, a cache of illegally possessed ammunition, illegal narcotics for sales and currency proceeds. Two convicted felons were arrested in conjunction with this investigation.

Suspected DUI driver from Concord kills Ripon man on Hwy 4 in Brentwood Monday afternoon

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Photo of crash scene by NBC Bay Area.

By CHP-Contra Costa

This afternoon, at about 4:34pm, Contra Costa CHP was advised of a head on collision involving two vehicles on HWY-4 eastbound, east of Balfour Road. Upon emergency personnel and CHP arrival, it was determined that a 2018 Honda SUV was driven across the solid double yellow lines, into oncoming traffic, and collided head on into a 2013 Toyota Corolla. The solo male driver of the Toyota (51-year-old man from Ripon) was pronounced deceased at the scene. The Contra Costa County Sheriff-Coroner’s Office will be handling the release of his identity. The solo male driver of the Honda was ultimately arrested for suspicion of felony DUI.

In the initial investigation, it appears that the solo male driver of the Honda was traveling on HWY-4 westbound (in that area HWY-4 is a two lane undivided highway) and then veered to the left and across the solid double yellow lines and directly head on into the Toyota traveling in the eastbound lane. Upon emergency personnel arrival, the driver of the Toyota was pronounced deceased. The driver of the Honda, a 46-year-old man from Concord, was not injured and investigated for driving under the influence of alcohol and was subsequently arrested for suspicion of felony DUI.

If anyone witnessed this collision or the events leading up to it (that did not remain at the scene to speak with CHP) please contact Contra Costa CHP in Martinez, (925) 646-4980. HWY-4 was completely reopened at 6:25 pm.

Impaired DUI driving is 100% preventable 100% of the time. There is never an excuse for it, and it cannot ever be tolerated. In this situation it tragically cost the life of an innocent person. When will we all learn… #neverdriveimpaired?