Contra Costa Herald

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

Former Martinez school district employee convicted of attempted sex with girl

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Arrested in 2018 at Pleasant Hill parking lot where he arranged meeting

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

On March 9th, 37-year-old Ahmed Kamal Ismaiel was convicted by a jury in Contra Costa County on three felony violations, including unlawful electronic contact with a minor and arranging to meet a minor for sex. (See related article)

Ismaiel was arrested on April 6, 2018, by the Contra Costa County Internet Crimes Against Children Task Force when he arrived at a parking lot in Pleasant Hill to meet the minor. He was charged with three felony counts of child sexual exploitation and released on bail pending trial. However, as of Monday, March 13, the Contra Costa County Sheriff’s Office has him in custody at the West County Detention Facility in Richmond while awaiting sentencing by Judge Rebecca Hardie on April 7th. At the time of his arrest, he worked as a network engineer for the Martinez Unified School District. At the time the complaint was filed, he was a resident of Martinez.

During the trial, the prosecution established that Ismaiel attempted to coerce and entice a person he reasonably believed to be a 14-year-old girl into meeting him for sex.

“The Defendant’s behavior was clear, unambiguous, and unacceptable,” noted Deputy District Attorney Chris Sansoe. “Not only that, but so were his attempts to excuse this behavior.”

The evidence against the former Martinez resident also proved that over the course of two days, Ismaiel engaged in sexually suggestive communications with the minor, sent her sexually suggestive photos, and ultimately arranged to meet the minor for sex. Prior to that meeting, Ismaiel stopped at a local grocery store to purchase condoms.

He faces a maximum prison term of four years and a $5,000 fine.

The investigation of Ismaiel was conducted by the multi-agency Internet Crimes Against Children Task Force, including detectives and investigators from the Walnut Creek, Danville, Pleasant Hill, Concord, Pittsburg, San Ramon, Brentwood, and Moraga Police Departments, the Contra Costa County Sheriff’s Office, United States Secret Service, Homeland Security Investigations, and Inspectors from the Contra Costa County District Attorney’s Office.

Parents seeking additional resources can visit www.kidsmartz.org or the website for the Silicon Valley Internet Crimes Against Children Task Force at www.svicac.org. Reports of illegal activity involving minor victims on the internet should be reported at once to your local police department.

Case #01-001853779 | The People of the State of California v. Ismaiel, Ahmed Kamal

Allen D. Payton contributed to this report.

DA’s Office reaches plea agreement with four defendants in 2021 Brentwood shooting death

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Father and son sentenced to 12 years in state prison

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

This week, two defendants charged with the murder of 48-year-old Justin David Silva of Brentwood have entered into a plea agreement with the Contra Costa District Attorney’s Office.

45-year-old Dennis Lindsay will serve 12 years and four months in state prison for killing Justin Silva and residential burglary. His son, 21- year-old Nathan Rampone-Lindsay, will serve the same term for manslaughter and preventing a witness from filing a police report. Judge Mary Ann O’Malley will sentence both defendants on April 14th at 8:30 am in Martinez. The plea agreement reflects enhancements which add to their prison terms.

Deputy District Attorney Jennifer Tompkins said after the agreement was reached, “Justin Silva’s surviving family and loved ones can now begin the process of healing and recovery from his senseless murder. The relationships between the parties, as well as complex issues of self-defense and defense of others, created a significant legal challenge in a jury trial that Justin’s family recognized. While nothing can bring Justin Silva back to his family and friends, justice has been served on his behalf.”

On August 24th, 2021, around 4:15 in the afternoon Brentwood Police responded to reports of shots fired on Brentwood Boulevard near Sellers Avenue. When authorities arrived, they found Silva dead from multiple gunshot wounds. Dennis Lindsay and 50-year-old Daniel Marmino were also shot with non-life-threatening injuries to their leg and arms. (See related article)

During the police investigation, it was revealed Silva was living in an outbuilding on the property owned by a Lindsay family member — where he was employed doing carpentry work.

The living and employment relationship between Silva and the Lindsay family members became acrimonious. Silva was sent an eviction letter to leave the property by September 1st. However, on August 24th, Lindsay, Rampone-Lindsay, and Marmino went to Silva’s home armed with an automatic pistol with an extended magazine, a flare gun, bear spray, and a knife. Dennis and Marmino then tore down a wooden side wall of Silva’s home and entered the residence with their weapons drawn — with Nathan entering behind them. Upon their entry, Silva opened fire on the men with his firearms — shooting Dennis and Marmino. Nathan returned fire with 30 rounds from the automatic pistol, striking Silva 20 times. Silva died at the scene.

Marmino, and a fourth defendant – 74-year-old Roger Lindsay – were also charged but entered pleas in 2022 for their roles in the incident. Roger Lindsay pled to being an accessory to the crime, and Daniel Marmino entered a plea of assault with force likely to cause great bodily harm.

Both men are scheduled to be sentenced on March 27th at 8:30 am in Martinez.

04002026128 | The People of the State of California vs. Lindsay, Dennis Victor, Rampone-

Lindsay, Nathan, Lindsay, Roger Curtis, and Marmino, Daniel Vincent

Martinez man faces charges of robbery, mail theft, carjacking of Postal Service worker, vehicle

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

On February 2, 2023, a United States Postal Service (USPS) worker was robbed in Martinez and their mail truck was stolen by 35-year-old Joshua Scott Anderson. Charges were filed on February 28th against Mr. Anderson by the Contra Costa District Attorney’s Office.

The robbery of the carrier’s postal vehicle key and theft of the USPS mail truck occurred around 10:30 am at the Lotus Apartments on the 3900 block of Alhambra Avenue. According to reports, Anderson approached the carrier and used force to rob the Postal worker of their key and the mail truck – which contained letters and parcels.

The stolen mail truck was recovered about 30 minutes later, but several trays of mail and parcels were missing.

Following an investigation, Anderson was arrested and charged with second degree robbery [PC211], carjacking [PC215(a)], driving or taking a vehicle without consent [VC10851(a)], and mail theft [PC530.5(e)].

The complaint also lists an enhancement for prior convictions of vehicle theft, special allegations for committing a felony while on probation, and prior convictions of first-and second-degree burglary, vehicle theft, and identity theft.

Anderson is currently in the Martinez Detention Facility. He was arraigned on the charges on Wednesday, March 1 in Superior Court of California, County of Contra Costa in Martinez.

In a statement, San Francisco Division Inspector in Charge, Rafael Nunez, said, “The Postal Inspection Service takes threats to our employees and the theft of mail very seriously, and we will vigorously pursue those who commit such crimes. Postal Inspectors worked closely with the District Attorney’s Office and our partners at the Martinez Police Department and the Contra Costa County Sheriff’s Office on this case.”

Incidents of mail theft and Postal carriers being robbed – sometimes at gunpoint – have increased nationwide. The safety of USPS employees is paramount, and employees have received training on what to do if they are robbed. However, Postal Inspectors urge the public to report any suspicious activity involving mail trucks or postal carriers.

Case #01-23-00557 | The People of the State of California vs. Anderson, Joshua Scott

Unlicensed Modesto contractor convicted in Contra Costa of fraud, theft, other felonies, misdemeanors

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Adan Contreras Rivas. Source: CSLB

On Contractors State License Board’s Most Wanted list

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

On February 8th, 2023, a jury in Contra Costa County found 42-year-old Adan Contrera Rivas of Modesto guilty of multiple felonies and misdemeanors related to unlicensed contracting, fraud, theft, and failing to obtain workers’ compensation insurance.

The Contra Costa District Attorney’s Office filed an initial complaint against Rivas in March 2022 following an investigation into his actions that led to his eventual arrest. After his release on his own recognizance, Rivas was arrested again in November 2022 for posing as a licensed contractor in the landscaping and construction industry and stealing thousands of dollars from unsuspecting consumers. Prior to his offenses in Contra Costa County, Rivas had served time in the state prison for several related felony and misdemeanor convictions for grand theft, theft from an elder, and contracting without a license in Santa Clara County.

Deputy District Attorney Natasha Mehta, who prosecuted the case for the People, said: “The defendant defrauded numerous victims out of thousands of dollars. Justice was achieved for those harmed by Rivas in this case, and the jury’s conviction will help to protect consumers in the future.”

Rivas will be sentenced on March 8, 2022, in Martinez, and faces up to 9 years and 8 months in prison.

Contra Costa District Attorney Diana Becton notes, “My office is protecting consumers in the county by partnering with multiple government agencies like the Contractors State License Board and the California Department of Insurance. This partnership has been effective in conducting undercover sting operations, as well as, investigating unlicensed contractors who fail to obtain workers’ compensation insurance.”

According to the Department of Consumer Affairs Contractors State License Board website, Rivas was added to their Most Wanted List in 2015. Born in 1984 he used numerous aliases including Orlando Parras, Adam Contreras Rivas, Adam Rivas Contreras and Juan Rangel. Rivas operated under several business names including Parras Landscaping and Pavers, View Tree Service, High Tech Tree Care, New View Tree Care, New View Tree Service, One Way Tree Service, View Maintenance & Landscaping, View Landscaping & Tree Service, High Tech Tree Care.

Investigators believe Adan Rivas victimized more than two dozen Bay Area families by soliciting landscaping and tree removal services. According to investigators, Rivas usually focused his attention on more affluent neighborhoods, often targeting the elderly. It’s alleged that after reaching an agreement with a homeowner, Rivas would take an excessive down payment and then abandon the job.

When Rivas was added to CSLB’s Most Wanted in July 2015, most of the alleged crimes occurred in the cities of Danville, San Ramon, Alamo, Lafayette, Orinda, and Walnut Creek. In October 2016 this page was updated to reflect that it was believed Rivas was also using the name Orlando Parras of Parras Landscaping and Pavers and victimized homeowners in both Alameda and Santa Clara Counties.

Rivas was arrested on April 19, 2017 in Medford, Oregon, on felony charges of aggravated first-degree theft, first-degree theft, and on his California arrest warrant. He was ultimately charged in Santa Clara County with 25 counts of financial elder abuse, grand theft, larceny, unlicensed contracting, and failure to provide workers compensation insurance. On September 15, 2017, Rivas agreed to a plea bargain and pled guilty to eight of the 25 counts. On November 1, 2017, he reported to San Quentin State Prison to serve a 20-month prison sentence.

Unlicensed contractors pose a threat to consumers by failing to acquire skills and licensure when hired to perform home improvement or construction projects. Some unlicensed contractors illegally require excessive down payments for construction or landscaping projects, and frequently fail to begin or complete projects once they receive money. Consumers are often unaware unlicensed contractors have not completed background checks and usually do not carry workers’ compensation insurance for their employees – which increases liability risks to consumers.

California law requires contractors to be licensed in their chosen specialty and to obtain the appropriate insurances, including workers’ compensation insurance. Moreover, contractors are legally required to conduct their business in specific ways, which includes restrictions on down payment amounts. For more information on how to verify a contractor’s license, go to cslb.ca.gov.

01-198386-5 | The People of the State of California vs. Rivas, Adan

Allen D. Payton contributed to this report.

Guilty verdict in retrial of Pittsburg man’s 2013 shooting death of wife

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By Ted Asregadoo, Public Information Officer, Contra Costa District Attorney’s Office

On January 20, 2023, 62-year-old Kevin Jerome Easter has been found guilty of first degree murder. The Contra Costa District Attorney’s Office retried the case after the original conviction was overturned on appeal in 2019.

Easter shot his wife multiple times on the night of August 7th, 2013, in their Pittsburg residence. During his trial in 2014, his defense attorney declared that Easter was not competent to stand trial for his crimes, which included a firearm enhancement and being a felon in possession of a firearm.

Competency issues were renewed in 2015 by his defense, but a judge ultimately found him guilty. He was sentenced to 65 years and eight months in prison. His appeal in 2019 reversed the conviction, resolved the competency issues, and returned the case to Superior Court for a retrial – where the prosecution prevailed in court.

“After many years, the victim’s family and the community have closure on a tragic and senseless murder,” said Deputy District Attorney Jordan Sanders. “This prosecution would not be possible without the hard work of the Pittsburg Police Department, the time and energy of the neighbors who came to testify about details which happened so long ago, and the victim’s family for having the strength to endure another trial. The overwhelming evidence of the defendant’s guilt justified a conviction for first degree murder.”

Easter will be sentenced at a future date and faces a maximum sentence of life in prison without the possibility of parole.

04-197959-0| The People of the State of California vs. Kevin Jerome Easter

13 arrested in multi-agency Contra Costa anti-human trafficking operations

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Part of statewide Operation Reclaim and Rebuild, 30 survivors identified

By Ted Asregadoo, Public Information Officer, Contra Costa District Attorney’s Office

Partners working in collaboration with the Contra Costa Human Trafficking Task Force made 13 arrests during a weeklong statewide effort to recover survivors of human trafficking and apprehend their exploiters.

As a part of the statewide Operation Reclaim and Rebuild, task force partners conducted eight separate anti-human trafficking operations throughout Contra Costa County from January 23rd through January 28th, 2023. Their efforts yielded 13 arrests of suspected human traffickers and the identification of 30 survivors of human trafficking. All the victims had the opportunity to speak with a specialized human trafficking victim advocate and were offered services.

“My office stands ready to evaluate these cases for prosecution and hold traffickers accountable for their exploitation of vulnerable members of our community,” noted District Attorney Diana Becton.

The suspects were arrested on one or more of the following human trafficking or human trafficking related offenses: sex trafficking of an adult, a minor, pimping, and pandering. [PC236.1(b), PC236.1(c), PC266h, and PC266i].

Task Force Director, Katrina Natale, emphasized that “without the careful planning and collaborative efforts of a wide array of law enforcement and victim services partners, the important outcomes achieved through these operations would not have been possible.”

Participating agencies included, in alphabetical order:

  • Brentwood Police Department
  • California Department of Alcoholic Beverage Control
  • California Department of Corrections and Rehabilitation
  • California Department of Industrial Relations
  • California Employment Development Department
  • California Highway Patrol
  • Community Violence Solutions
  • Concord Police Department
  • Contra Costa County District Attorney’s Office
  • Contra Costa County FBI Safe Streets Task Force
  • Contra Costa County Parole Department
  • Contra Costa County Probation Department
  • Contra Costa County Sherriff’s Department
  • Federal Bureau of Investigations
  • Hercules Police Department
  • Homeland Security Investigations
  • International Rescue Committee
  • My Sister’s House
  • Northern California Regional Intelligence Center
  • Pinole Police Department
  • Pittsburg Police Department
  • Pleasant Hill Police Department
  • Richmond Police Department
  • San Pablo Police Department
  • San Ramon Police Department
  • Victim Services Division (FBI)
  • Victim Witness Assistance Program (CCCDA)
  • Walnut Creek Police Department

The Contra Costa Human Trafficking Task Force is co-led by the Office of the District Attorney for Contra Costa County and Contra Costa Human Trafficking Task Force Community Violence Solutions, a community-based 24-hour service provider for survivors of sexual assault and human trafficking. Founded in 2018, the Task Force aims to eradicate all forms of human trafficking in Contra Costa County through collaborative, multidisciplinary efforts to identify and support victims of human trafficking and to hold traffickers accountable through effective prosecution.

Anyone with information on suspected human trafficking (sex or labor) or related crimes is encouraged to make a report to your local law enforcement agency or the District Attorney’s Human Trafficking Tip Line (925) 957-8658.

 

DA Report: Use of force justified in 2021 shooting death involving San Pablo PD

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Suicide by cop – with multiple drugs and alcohol in his system “Valdez said there was no way to solve his problem and that he wasn’t going to kill himself but would ‘let the cops do it for me’”

By Ted Asregadoo, Public Information Officer, Contra Costa District Attorney’s Office

The Contra Costa District Attorney’s Office has determined San Pablo Police Officers were legally justified in their use of force against 45-year-old Sergio Baldemar Escalera-Valdez in 2021.

Law Enforcement Involved Fatal Incident reports (LEIFI) are conducted by the CCCDAO whenever a law enforcement officer or a civilian is shot, killed, or dies during an encounter with members of a police agency. The District Attorney’s Office conducts its own independent investigation into law enforcement fatal incidents to determine if officers are criminally liable for their actions. If evidence of criminal conduct is found during the DA’s investigation, a LEIFI report may be used in a trial as evidence – and will not be released to the public until the trial has concluded. However, if the DA’s Office determines that criminal charges will not be filed, the report will be released to the public in a timely manner.

District Attorney Diana Becton notes, “My promise to the voters of Contra Costa County has consistently been about prioritizing public safety, transparency, and increased accountability. When my office undertakes a LEIFI investigation, our goal is to thoroughly investigate the facts to determine criminal liability and detail those findings in a clear and comprehensive manner.”

The incident involving Valdez started around 2:25 in the afternoon on December 15th, 2021, in the parking lot of the Evergreen Market at 1330 Market Avenue in San Pablo. An employee at the market called 911 to report a white or Hispanic male in the parking lot holding a firearm. The employee also noted that it appeared the man was manipulating the firearm’s magazine.

When officers from San Pablo Police were dispatched to the area, they met at a staging area near the Evergreen Market to prepare to contact Valdez. A dispatcher radioed to the officers that the man was seen driving a red Toyota Tacoma recklessly out of the parking lot. Officers spotted the vehicle and pursued Valdez and got him to pull over. Officers noted that Valdez appeared to be moving around the cab of the truck in an unusual manner. With their weapons drawn, officers ordered Valdez to show his hands multiple times. He initially responded “No” but then placed his hands outside the window of the truck – where his hands appeared to be bloody. Valdez then exited the vehicle with his back toward the officers and had what appeared to be a firearm in his hand. When Valdez appeared to manipulate the weapon by “racking the slide” (i.e., pulling the pistol’s slide to the rear and releasing it – which is a movement consistent with loading a cartridge into a firearm’s chamber), he turned around and faced the officers. After repeated commands to drop the weapon, Valdez brought the weapon up. The officers, believing, they were in imminent danger of Valdez firing his gun at them, fired their weapons at him. After Valdez was no longer a threat, officers kicked away the gun – which was later identified as a BB-handgun. Emergency medical responders arrived on the scene, and attempted life-saving measures, and transported him to a local hospital where he later died from his wounds.

Witness statements from those who were related to Valdez noted that he had been depressed for several months due to financial difficulties. He also said to family members that he planned to kill himself. On December 15th about an hour before the 911 call was made, an employee from the Evergreen Market interacted with Valdez in the parking lot after Valdez called him over to his truck. Valdez attempted to give the worker money, but the worker refused. He then began to cry, and the worker offered to help him with whatever was causing him grief. Valdez said there was no way to solve his problem and that he wasn’t going to kill himself but would “let the cops do it for me.”

On December 16th, Dr. Arnold Josselson performed an autopsy on Valdez for the Contra Costa County Coroner. In his report, Dr. Josselson noted that Valdez had seven gunshot wounds, with a fatal wound to his chest that also penetrated his liver. Toxicology results noted Valdez tested positive for “methamphetamine, amphetamine, and THC (marijuana). It also revealed that Valdez’s blood alcohol level was .210 % (over twice the legal limit for driving under the influence).”

In its legal analysis, the District Attorney’s Office concluded that the officers’ actions in stopping Valdez in his vehicle and attempting to detain him were lawful – given the information officers received from the 911 call. Furthermore, the officers involved in the shooting were justified in their lethal use of force due to their reasonable belief that they needed to defend themselves against an imminent threat of death or serious bodily injury. As such, no further action will be taken in this case.

The District Attorney’s Office notified the Valdez family about the publication of this report. A copy of the report has also been sent to the San Pablo Police Department, state Attorney General Rob Bonta’s office, and is available on the District Attorney’s website.

San Pablo woman charged in death of Walnut Creek assisted living facility resident

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Under her care and custody

By Ted Asregadoo, Public Information Officer, Contra Costa County District Attorney’s Office

An assisted living worker at Atria Walnut Creek has been charged with a felony complaint in the death of a 94-year-old resident on August 31, 2022.

54-year-old Lateshia Sherise Starling of San Pablo faces one count of elder or dependent adult abuse, resulting in the death of Constantine Albert Canoun [PC368(b)(1)]. The complaint against Ms. Starling states while having care and custody of Mr. Canoun, she “willfully caused and permitted him to be placed in a situation in which his health was endangered and knew and reasonably should have known that (Mr. Canoun) was an elder and dependent adult.”

Mr. Canoun resided in the Memory Care Unit at Atria Walnut Creek and suffered from dementia. On the night of August 23rd, Mr. Canoun was rushed to John Muir Medical Center after ingesting all-purpose cleaning solution in a nearby kitchen area. He died on August 31st from injuries to his stomach, esophagus, and part of his throat.

Following an investigation by the Walnut Creek Police Department, the incident was referred to the Contra Costa District Attorney’s Office on January 24th. After reviewing the referral, charges were filed with the Superior Court of California, Contra Costa County. Ms. Starling will be arraigned on January 30th at 1:30 pm in Martinez. She is currently in the Martinez Detention Facility with a bail amount set at $100,000.

01-23-00272 | The People of the State of California vs. Lateshia Sherise Starling

 

Antioch man convicted of multiple counts of felony sexual abuse of girl

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By Ted Asregadoo, Public Information Officer, Contra Costa County District Attorney’s Office

On January 19th, 2023, the Contra Costa District Attorney’s Office prevailed in convicting 40-year-old Julian Chenychen on multiple counts related to the sexual abuse of a girl, who is a minor.

On June 1st, 2020, Jane Doe was admitted to a local hospital in Concord and gave birth to a full-term stillborn baby. Doe noted to the medical staff at the time that she didn’t know what was happening to her body, nor did she understand she was pregnant. It was only after hours of suffering through severe stomach pains that Chenychen took her to the hospital.

Staff at the hospital notified law enforcement about the stillbirth and their belief that Julian Chenychen impregnated her. Law enforcement officers detained Chenychen and referred the investigation to Antioch Police. After several forensic interviews with Jane Doe, and investigations by Antioch Police Detectives Kelly Inabnett and Brittney Crites, it was determined that the molestation incidents had been occurring for years.

The DA’s Office filed a complaint against Chenychen in 2021. The charges included six counts of aggravated assault of a child [PC269)], 11 counts of lewd or lascivious acts involving children [PC288(b)], and an enhancement of bodily harm inflicted during the commission of a felony [PC12022.7] – which is related to Jane Doe’s pregnancy.

Chenychen was convicted by a jury for his actions on all charges. He faces a life sentence without the possibility of parole.

Deputy District Attorney Chris Sansoe noted that while the crimes committed against Jane Doe in this case were truly horrific, she is currently in a supportive living situation that’s helping her heal from the abuse she suffered in the past.

According to Antioch Police Department Public Information Officer Ashley Crandell, ‘On July 15, 2020, the Antioch Police Department’s Investigations Bureau was made aware of sexual assaults that occurred in multiple cities, including Antioch, during the years 2019 and 2020. Our Sexual Assault Detectives Brittney Crites and Kelly Inabnett immediately began investigating the allegations.

Due to their diligent work, they learned the suspect, Julian Chenychen, had sexual relations with the minor victim for several years, eventually impregnating her. Detectives Crites and Inabnett worked tirelessly to gather evidence and coordinate with other entities to complete this investigation.

Chenychen was arrested in 2020. On January 19, 2023, he was convicted of 17 different felony counts of crimes related to aggravated sexual assault of a child. His maximum sentence is life without the possibility of parole.

This is a devastating case, and we want to recognize the tireless and dedicated work of Detectives Crites and Inabnett. It is also important to recognize, this was a collaborative effort with Contra Costa County Deputy District Attorney Chris Sansoe, the District Attorney’s Office Advocate Group, and Contra Costa County Investigator/K9 handler Janet Era and her canine companion, Bear. Bear is a support dog that was able to help comfort this child throughout the entire process. The outcome of this case is due to the collaborative effort of all involved and the dedication of our detectives.

Due to the sensitive nature of this investigation, information as to the location and name or any identifying information pertaining to the victim are being withheld. This was an isolated incident, and we have no reason to believe there are additional victims.

A January 24th post on the Antioch Police Department’s Facebook page reads, “Our Violent Crimes Detectives Crites and Inabnett worked tirelessly to ensure this case was investigated thoroughly. Thank you to @ContraCostaDA for your partnership on this!”

Case #04-199931-7 | The People of the State of California vs. Julian Chenychen

DA says 2021 use of force by Antioch Police Officers was lawful

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Following investigation of in-custody death of Arturo Gomez Calel; while on meth attempted to break into occupied vehicles, struggled with and was tased by police

Mayor Thorpe used incident to push his police reforms at special Friday meeting later that week

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

Martinez, Calif. –  On Friday, Jan. 13, 2023, the Contra Costa District Attorney’s Office released a report on the 2021 in-custody death of 33-year-old Arturo Gomez Calel in Antioch clearing police of any wrongdoing. The DA determined as written below, “the use of force by Antioch Police Officers was lawful and permitted”. 

The incident occurred just after midnight on Wednesday, February 24, 2021 in which Gomez was on meth, attempting to break into occupied vehicles on a major city street, then struggled and was Tasered by police. Later that day, Mayor Lamar Thorpe held an emergency press conference with then-Police Chief Tammany Brooks and used the incident to push his police reforms at a special Friday meeting that week. (See related article)

The report is part of a Contra Costa County protocol to investigate incidents where police officers or civilians are shot or die during an encounter with law enforcement. The District Attorney’s Office conducts its own independent investigation into law enforcement fatal incidents (LEIFI) and details those findings — along with a legal analysis and a charging decision – in a report that’s released to the public. The release of the LEIFI report on Gomez is the final step in the investigation.

District Attorney Diana Becton notes, “My administration has been committed to public safety, transparency, and increased accountability since I was elected in 2018. The LEIFI investigations are an example of that commitment to be transparent with the public about in-custody deaths like that of Mr. Gomez.” 

The February 24th, 2021, incident involving Arturo Gomez began after midnight when Gomez placed a 911 call to authorities claiming his phone had been hacked. A dispatcher noted that Gomez sounded paranoid and appeared to be in an argument with another person – whom authorities later learned was a Lyft driver. While Gomez was traveling in the Lyft vehicle, he came into possession of the driver’s phone after Gomez asked to see the address he was going to. At one point, the Lyft driver said he became fearful Gomez was going to physically harm him and exited the vehicle. Gomez proceeded to climb into the driver’s seat and attempted to drive off. However, his efforts were thwarted by the Lyft driver — who retrieved the ignition key before Gomez could drive away. Gomez then exited the vehicle and fled on foot. 

When officers from Antioch Police arrived on the scene at Lone Tree Way at Ridgerock Drive, Gomez was on a cell phone. As an officer approached him, Gomez backed away saying “You’re a fake cop.” Gomez then led the officers on a foot chase where he eventually ran into traffic on Lone Tree Way. To mitigate the safety hazard Gomez was creating, police set up a traffic break to prevent vehicles from traveling through the incident area.

While trying to evade police, Gomez tripped and fell to the ground on James Donlon Boulevard. One officer ordered him to stay on the ground, but Gomez ignored the command. Officers then tried to physically subdue him, but Gomez continued to struggle, and a physical altercation ensued. After multiple Taser deployments on Gomez, the officers were eventually able to handcuff him. At no point did any of the officers involved use the weight of their body on Gomez’s back or neck, nor did they use a carotid restraint on him.

However, shortly after Gomez was detained, he became unresponsive and stopped moving altogether. Officers rolled him onto his left side, noticed his breathing had become labored and then began administering life-saving measures while emergency medical personnel were enroute. Gomez died later at a local hospital.

An autopsy to determine the cause of Gomez’s death was performed by Dr. Arnold Josselson on February 25th. Dr. Josselson found Gomez had 910 nanograms of methamphetamine and 54 nanograms of amphetamine in his blood — substances which, when taken in large doses, can lead to convulsions, circulatory collapse, hallucinations, and cardiac arrest. Dr. Josselson concluded that Gomez died from “asphyxia and cardiac arrest while in a prone position during a struggle with police after being tased while under the influence of methamphetamine.” 

During his testimony at the Coroner’s Inquest on April 29, 2022, Dr. Josselson explained to the jurors the three-step process that led to Gomez’s death. The first stage was brought on by the amount of methamphetamine in his system; an amount that gave rise to his aggressive and physically active behavior when resisting police arrest. In the second stage, Gomez’s muscles were completely exhausted and lacked the ability to expand his rib cage allowing him to breathe. The third stage was brought about by low oxygen levels that led to his heart stopping. Following the testimony of Dr. Josselson and other witnesses, the jury reached a unanimous verdict that Arturo Gomez’s death was an accident (i.e., an unforeseen event, misfortune, act, or omission with no evidence of an intent to harm or cause death). 

In its legal analysis, the District Attorney’s Office concluded that, given the totality of facts in this incident, the use of force by Antioch Police Officers was lawful and permitted pursuant to California Penal Code sections 835, 835a, 835a(a)(4), and 835a(b). Consequently, the Contra Costa District Attorney’s Office will take no further action regarding the in-custody death of Arturo Gomez. 

The District Attorney’s Office is in the process of notifying the Gomez family about the publication of this report. A copy of the report has also been sent to state Attorney General Rob Bonta’s office and is available on the District Attorney’s website.

Allen D. Payton contributed to this report.