Contra Costa Herald

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

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Contra Costa DA’s Office issues Use of Force Report on Frank Correa of Oakley

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Claims 2022 officer involved shooting death “was justified and lawful.”

By Ted Asregadoo, PIO, Contra Costa District Attorney’s Office

The Contra Costa District Attorney’s Office’s report on the August 25, 2022, use of force death of 58-year-old Frank Correa in Oakley is now publicly available. (See related articles here and here)

District Attorney Diana Becton emphasized: “The Law Enforcement Involved Fatal Incident (LEIFI) reports my office releases to the public reflect my administration’s commitment to government transparency. The public should have the opportunity to independently review our investigations into the use of force and understand how my team and I analyze the details to arrive at our legal conclusions.”

Each LEIFI report summarizes the results of the District Attorney’s independent criminal investigation, including a summary of an autopsy, the outcome of a coroner’s inquest, a legal analysis of the facts, and a determination of criminal liability.

In the incident on August 25th, 2022, involving Frank Correa, it was reported that Mr. Correa — armed with a semiautomatic firearm — threatened to kill his girlfriend at his residence. His girlfriend managed to escape to safety and the police were contacted shortly thereafter about the incident. After Oakley Police officers responded to the scene and endeavored to de-escalate the situation for over two hours, Correa proceeded to discharge his firearm seven times at responding Oakley Police Department officers. To counter an imminent threat of death/great bodily injury, Oakley Police Department Sergeant Jeff Solomon authorized Officer Brett Jackson to use lethal force against Mr. Correa to protect themselves and others in the neighborhood from death or bodily harm.

The Contra Costa District Attorney’s legal analysis of the totality of the circumstances determined the officer’s use of deadly force on August 25th was justified and lawful. Therefore, no further action will be taken in this case.

To read the complete LEIFI report on Frank Correa, click here.

DA’s Office responds to Walnut Creek man’s 86 arrests since 2017, 41 in 2023

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Most occurred in Contra Costa County

By Allen D. Payton

Concord Police arrested 44-year-old Jesse Leonardo Otero of Walnut Creek on Wednesday afternoon, Nov. 22, 2023, for theft from the Veranda shopping center located at 2001 Diamond Blvd. Mr. Ortero was transported to the Concord PD jail and later to the Martinez Detention Facility for theft and resisting/delaying a peace officer. (See related article)

According to localcrimenews.com, Otero has been arrested 86 times since 2017 including 41 arrests in 2023 – sometimes twice in the same day – by multiple Contra Costa and Alameda County law enforcement agencies for a variety of crimes including trespassing, petty theft, public nuisance, possession of a controlled substance, shoplifting of less than $950, receiving or concealing stolen property, resisting arrest, robbery, vandalism and giving false information to a police officer. His arrests include three times in 2017; 10 in 2018; twice in 2019; five in 2020; 12 in 2021; and 13 times in 2022.

An email was sent to Contra Costa District Attorney Diana Becton asking how someone with Otero’s record hasn’t been sentenced to multiple years in jail or prison.

In response, Ted Asregadoo, Contra Costa DA’s Office PIO provided the following statement:

“44-year-old Jesse Leonardo Otero is currently on felony probation for commercial burglary [PC 460(b)]. He was convicted on June 13, 2022, of a felony and was sentenced to 150 days in county jail and placed on two years of formal probation. On the same day, Otero was convicted of a misdemeanor shoplifting offense [PC 459.5] after stealing a gaming controller from a GameStop store. In October 2021, Otero was prosecuted and convicted of two separate counts of misdemeanor vandalism [PC 594(a)]. He was sentenced to 28 days in county jail and a year of probation for the vandalism offenses.

Many of the violations Mr. Otero was cited for in Contra Costa County were low-level, misdemeanor offenses such as trespassing, public nuisance, petty theft, and possession of controlled substances or paraphernalia. Otero’s misdemeanor thefts, for example, include taking a soft drink and candy at a Target store, stealing $27 worth of cosmetics, or shoplifting $50 worth of razor blades.

Our office is working with law enforcement agencies to merge a number of seemingly minor cases for prosecution to seek justice, ensure accountability, and protect our communities. Misdemeanor complaints filed with the court will have multiple incidents that we believe can be proven beyond a reasonable doubt.”

Contra Costa DA issues statement on apprehension of mental health diversion program fugitive

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Kenneth David Mcisaac fled from court ordered program for Lafayette armed home invasion

By Ted Asregadoo, PIO, Contra Costa District Attorney’s Office

Mental Health Diversion fugitive Kenneth David Mcisaac was apprehended on November 14, 2023, in Oakland. Mcisaac fled from a court ordered mental health diversion program on October 24, 2023, and a warrant for his arrest was issued shortly after his disappearance. He is being held in custody without bail.

In September 2022, the Contra Costa District Attorney’s Office filed an in custody 12-count felony complaint against Mcisaac that was related to an armed home invasion incident in Lafayette wherein Mcisaac held a family hostage for hours. Mcisaac had remained in custody for a year. Then, on September 5, 2023, against a vigorous opposition from the DA’s Office, the court determined that a mental health diversion program would provide more effective treatment for Mcisaac’s condition and released him from custody. (See related article)

Following Tuesday night’s apprehension, Mcisaac was booked into the Martinez Detention Facility.

At a hearing on Wednesday, Nov. 15 in front of Judge Julia Campins, Mcisaac’s mental health diversion status was terminated at the District Attorney’s request. He remains in custody with no bail. Criminal proceedings will resume on November 29th in Martinez.

Mcisaac was located and apprehended by the Contra Costa County Sheriff’s Office and the Safe Streets Task Force, a joint law enforcement effort comprised of the Contra Costa District Attorney’s Office, federal partners, and local law enforcement agencies.

01-22-01678 | The People of the State of California vs. McIsaac, Kenneth Dav

 

Jury convicts Alamo attorney of embezzling $400,000 from fire victim clients

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By Ted Asregadoo, PIO, Contra Costa District Attorney’s Office

A jury in Martinez returned guilty verdicts on November 7th in a felony case involving an attorney, William James Reed, who embezzled $400,000 from his clients.

Reed, an 80-year-old attorney formerly of Alamo, was convicted of felony grand theft by embezzlement and a white-collar crime enhancement related to a settlement agreement with PG&E. The agreement included payments to victims of the 2006 Zamora Fire near Woodland, CA.

Following the fire, Reed authored a letter, purportedly from a fellow landowner impacted by the fire, stating that in a lawsuit against PG&E, attorney’s fees would be covered by PG&E. He invited fire victims to a Town Hall meeting in Zamora, where he assured them that, according to the law, PG&E would be responsible for attorney’s fees, not the clients.

Two families, including elderly victims with ranch properties damaged by the fire, agreed to have Reed represent them. Reed presented unclear and confusing lawyer-client relationship documents, including a contract implying clients would pay his hourly legal fees and costs at the rate of $625 an hour, and a cover letter stating PG&E would cover Reed’s attorney’s fees and costs. After obtaining the victims’ agreement on legal representation, Reed filed a lawsuit against PG&E on the victims’ behalf in 2008.

In 2013, a $200,000 settlement for each victim family was brokered by Reed with PG&E. Reed received the $400,000 settlement from an attorney representing PG&E — but Reed failed to inform his clients about the money. His clients discovered the settlement money was paid to Reed at an unrelated court hearing.

Afterward, when the victims asked Reed about their money, he presented them with a proposed settlement agreement. The agreement stated the clients would each give him $103,000 for attorney’s fees and costs, and in turn each client would receive $97,000. The victims refused to sign Reed’s proposed settlement agreement because it contradicted their initial agreement with him. Years of civil litigation ensued between Reed and the victims, with Reed using some of the settlement money to pay his lawyers to fight the victims.

In 2017, the Contra Costa County District Attorney’s Office was alerted to possible criminal violations related to the victim’s settlement money. A Forensic Accountant at the District Attorney’s Office analyzed Reed’s bank account statements and determined that Reed had spent the entire $400,000 on himself. Thereafter, felony grand theft by embezzlement charges were filed against Reed.

The case went to trial on October 13, 2023. Deputy District Attorney Scott Prosser had to prove beyond a reasonable doubt to a jury that Reed was not entitled to the victim’s settlement money for attorney’s fees A key piece of evidence presented to the jury during the trial was the document stating that Reed’s fees would be paid by PG&E and not the victims.

The jury deliberated for a few hours and convicted Reed on two felony counts of grand theft by embezzlement and a white collar crime enhancement, establishing illegal possession of over $100,000. Reed faces imprisonment for three years and eight months and will be sentenced on January 10, 2024, by

Superior Court Judge Charles Treat.

Deputy District Attorney Prosser, after the verdict, stated, “It is unconscionable for an attorney to lead a client to believe they were not responsible for attorney’s fees, and then take 100 % of the client’s money from a settlement agreement. And we are very pleased with the outcome in our fight to seek justice for the

victims in this case.”.

Richmond, Antioch men convicted of robbery in series of organized SF retail thefts

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By San Francisco District Attorney’s Office

On Thursday, Oct. 26, 2023, San Francisco District Attorney Brooke Jenkins announced that Sean Raquel Jevonce Simon, Jr. (24) of Richmond, and Delandro Belvine-Brown (22) of Antioch were each sentenced to three years imprisonment after pleading guilty in San Francisco Superior Court to committing robbery in violation of Penal Code Section 211, in relation to a series of retail thefts occurring in San Francisco.

“Retail theft continues to have a major impact on San Francisco’s business community and the city’s economic livelihood. These crimes demand accountability and we need to send the message to others involved in this criminal enterprise that, with the support of our local law enforcement partners, our office will continue to pursue and prosecute those involved,” said District Attorney Brooke Jenkins. “With San Francisco Police Department receiving $15.3 million dollars and our office receiving $2 million from the Organized Retail Theft Prevention Grant Program, law enforcement agencies in San Francisco will continue to identify, investigate, and prosecute all levels of this criminal enterprise.”

In this case, the People alleged that Mr. Belvine-Brown and Mr. Simon were a part of an organized group which committed a series of snatch-and-grab thefts and robberies from Sunglass Hut, LensCrafters, and Veo Optics stores in San Francisco from November 1, 2021, through July 1, 2022. By employing a consistent brazen theft strategy, Mr. Belvine-Brown, Mr. Simon, and others entered the store as a group, rapidly grabbed numerous expensive sunglasses from display shelves, and quickly exited the store and got in an awaiting car. Investigators from SFPD and Brentwood Police Department conducted a joint investigation as there were similar thefts that occurred in Contra Costa County. Investigators from both agencies examined evidence from multiple sources, including store surveillance videos, social media posts, and mobile phone records to identify the Defendants and their criminal activities.

The case against Mr. Belvine-Brown and Mr. Simon was successfully prosecuted by Assistant District Attorney Conrad Del Rosario with support and assistance from District Attorney Inspector Lessa Vivian and Paralegal Chloe Mosqueda. This case was investigated by the San Francisco Police Department’s Burglary Unit and the Brentwood Police Department’s Investigation Division.

“Individuals who openly commit egregious and brazen retail crimes impact not only the store’s viability to stay open for their community, but also have long lasting effects on store employees and customers who are subjected to this blatant disregard for the law,” said Assistant District Attorney del Rosario. “These cases should serve as notice to those would-be thieves that law enforcement will aggressively investigate and prosecute their criminal activity in San Francisco.”

Belvine-Brown and Simon are currently in custody and will be transported to the California Department of Corrections and Rehabilitation’s custody to begin serving their state prison sentences.

Court Number: Belvine-Brown, 22011459, Simon, 23003591

Contra Costa DA issues statement on Oakley shooting death on Oct. 21st

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By Ted Asregadoo, PIO, Contra Costa District Attorney’s Office

The Contra Costa District Attorney’s Office was briefed today by Oakley Detectives on investigative developments regarding the October 21st house party shooting. (See related articles here, here and here)

At this time, the incident remains an active homicide investigation as Oakley Police continue to gather and evaluate all pertinent evidence.

Once Oakley Police complete their investigation, they will likely present the District Attorney’s Office with a request for prosecution. Upon submission of the police reports and the potential charges, the DA’s Office will make a filing decision.

Due to the sensitive and active nature of this investigation, the Contra Costa District Attorney’s Office will not be making any additional statements at this time.

Anyone with information about this shooting should contact the Oakley Police Department.

Richmond parents face 25 years to life in child abuse case that caused death of infant son

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Jury returns guilty verdict for 2021 crime

By Ted Asregadoo, PIO, Contra Costa District Attorney’s Office

Yesterday, Monday, Oct. 9, 2023, after four days of deliberation, a jury in Contra Costa County returned guilty verdicts against the parents who abused their infant son – which caused his death.

38-year-old Rayray Andrederral Darn and 31-year-old Marilyn Northington were charged with Murder [PC187(a)], assault on a child causing death [PC273ab(a)], child abuse [PC273a(a)], with a special allegation of willful harm or injury resulting in death [PC12022.95]. (See related article)

On February 4th, 2021, the couple’s actions led to the death of their 5-week-old son while they were residing at a hotel in Richmond. A hotel employee called Richmond police after witnessing Darn and Northington running out of their room with a baby reportedly not breathing. Officers responded to a local hospital after confirming there was an infant in the emergency room who was not breathing. During an investigation – and later after an autopsy by the Coroner’s Office – it was determined the infant died from injuries inflicted by his parents. The injuries to the baby included a broken femur, burn marks on his face and other parts of his body, fractured ribs, a skull fracture, and bleeding inside his skull. Additionally, the child suffered from severe malnutrition, and dehydration – as well as testing positive for methamphetamine.

The jury found the couple guilty of involuntary manslaughter [PC192(b)], assault on a child under 8-years-old causing death, and child abuse with the special allegation of willful harm or injury resulting in death.

The penalty Darn and Northington face is 25 years to life. Both defendants will be sentenced on December 15th at 8:30 a.m. by Judge Terri Mockler.

Lafayette man arraigned on armed home invasion, kidnapping, child abuse charges

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By Ted Asregadoo, PIO, Contra Costa District Attorney’s Office

A Lafayette man faces a 12-count felony complaint related to an armed home invasion incident wherein the victims were held hostage for hours.

31-year-old Kenneth David Mcisaac was arraigned today at 1:30 pm in Martinez for kidnapping, false imprisonment by violence, second-degree robbery, first-degree burglary, criminal threats, and child abuse. He entered a plea of not guilty in front of Judge Rebecca Hardie.

The charges stem from when Mcisaac pulled a gun on a mother and her daughter on September 24th around three o’clock in the afternoon. The victims were walking back to their apartment complex in Lafayette when Mcisaac forced them into their residence at gunpoint and proceeded to hold the entire family of four hostages for over five hours.

At one point during the ordeal, an adult victim was able to break free and physically overpower Mcisaac. Police and emergency crews arrived after a 911 call was placed, and Mcisaac was transported to a nearby hospital for treatment of his injuries. Three days later on September 27th, he was booked into the West County Detention Facility where he remains in custody. His next court date is November 30, 2022, at 8:30 am with Judge Mary Ann O’Malley.

According to localcrimenews.com, Mcissac was also arrested in October 2020 by Oakland Police for battery with serious bodily injury and elder or dependent adult abuse.

01-22-01678 | The People of the State of California vs. McIsaac, Kenneth David

Allen D. Payton contributed to this report.

Rodeo couple charged with murder in toddler’s death, abuse of infant

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By Ted Asregadoo, PIO, Contra Costa District Attorney’s Office

The Contra Costa District Attorney’s Office has charged a Rodeo couple with murder, child abuse resulting in death, and torture in the death of a toddler — and the abuse of an infant.

22-year-old Destiny Deboe and 21-year-old Tyshawn Haywood are currently in custody in the Martinez Detention Facility awaiting their arraignment. (See related article)

On Monday, October 2nd at approximately 8:50 PM, Contra Costa County Sheriff’s Deputies were dispatched after receiving a report of a 2-year-old child who had drowned in a bathtub. When emergency personnel arrived at the residence, they began life-saving measures on the child. The victim was then transported to a local hospital — but was later pronounced deceased by medical staff.

In the course of the investigation by Contra Costa County Sheriff’s detectives, it was determined that the child did not die from drowning but rather from injuries sustained as a result of prolonged abuse. It was also discovered that a second child in the care and custody of the defendants suffered life threatening injuries sustained as a result of abuse. The seriousness of these allegations has led to both individuals being held in lieu of $1,070,000 bail. The District Attorney’s Office reviewed the evidence from police authorities and filed charges with Superior Court this afternoon.

District Attorney Diana Becton said: “The loss of a young life deeply impacts us all. Our thoughts and sympathies go out to the family and loved ones of the victim during this incredibly difficult time. We are committed to seeking justice and holding those responsible accountable for their actions.”

The People of the State of California vs Deboe, Destiny

The People of the State of California vs Haywood, Tyshawn Leontray

Antioch man pleads guilty to leading organized theft of lottery scratchers

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Has history of arrests by multiple agencies; group committed more than 100 thefts in 7 counties

By Ted Asregadoo, PIO, Contra Costa District Attorney’s Office

The Contra Costa District Attorney’s Office and officials with the California State Lottery announced today that Ryan Anderson plead guilty to nine felony charges as the ringleader of a sophisticated organized retail theft ring.

The 32-year-old Antioch resident (born 1/18/91) was the mastermind behind a group responsible for committing more than 100 organized retail crime thefts from stores authorized to sell California Lottery Scratchers and redeem winning Scratcher tickets for prize money. Anderson, and other associated with him, targeted convenience and grocery stores throughout the counties of Contra Costa, Alameda, Marin, Sacramento, San Joaquin, Solano, and Stanislaus.

“Organized retail crime is serious a crime that will not be tolerated in our communities,” said District Attorney Diana Becton. “We will continue to work with our retailers and all of our state and local justice partners to hold these offenders accountable with arrest, prosecution, conviction, incarceration, and full restitution.”

By early 2022, the California State Lottery investigators — working with multiple law enforcement agencies and Contra Costa DA’s Major Financial Crimes division — identified Anderson as the ringleader of a group responsible for 71 separate thefts of lottery tickets valued at a total of $95,565.00 and an additional $59,105.00 in prize money stolen from 65 retail locations across 7 Northern California counties between March 27th, 2022, and October 25, 2022. The retail crime spree stopped when Contra Costa prosecutors were able to keep Anderson in custody.

Under state laws, the Contra Costa County District Attorney’s Office was able to prosecute Anderson for all his crimes, even though they occurred in multiple counties. This is because state laws allow a single county to prosecute offenses if a crime — or the effects of a crime — crosses county lines.

During a court hearing in Martinez today, the California State Lottery made a victim impact statement noting that “tens of thousands of dollars” Anderson and others stole victimized not only the California State Lottery, but also its retail partners, many of which are “small, independently owned businesses that rely on the sale of Lottery games to thrive.” Moreover, lottery players were victims who lost out on the opportunity to win, and “public school students who have been robbed of additional funds to support important programs and enriching learning environments.”

The terms of the plea mean that Anderson will spend three years in state prison, admit probation violations, and pay full restitution to the California State Lottery. In court, Anderson presented a letter of apology to the victims of the crimes he committed saying, in part, that he wants to make an “honest living” so he will be able to “pay back any money [that] is owed.”

The lengthy investigation into these incidents was favorable due to the partnerships between the Contra Costa District Attorney’s Office, the Contra Costa Probation Department, the Security/Law Enforcement Division of the California State Lottery, and the collaborative efforts of dozens of local law enforcement agencies.

According to localcrimenews.com, Anderson, a 5’11”, 170 lb. Black male, has a history of arrests dating back to 2015 by multiple agencies including Antioch PD, Concord PD, Walnut Creek PD, Contra Costa Sheriff’s Office and Sacramento Sheriff’s Office for a variety of crimes such as assault with a deadly weapon or assault with force likely to produce great bodily harm, vandalism, vehicle theft, attempted robbery, petty theft, DUI and while license suspended, and burglary.

Case No. 04-22-01154 | The People of the State of California v. Anderson, Ryan

Case No. 04-203281-1| The People of the State of California v. Anderson, Ryan

Allen D. Payton contributed to this report.