Contra Costa Herald

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

Contra Costa DA Report: No evidence of criminal offense by Antioch Police officers in death of Angelo Quinto

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“…Antioch Police officers engaged with Quinto in a manner that was lawful and objectively reasonable under the circumstances…an internal examination showed no bone fractures or damage to Quinto’s larynx and trachea…” – Contra Costa District Attorney

Quinto died in the hospital three days later not in police custody

By Allen D. Payton

The Contra Costa District Attorney’s Office announced Friday, Sept. 2, 2022, that it had concluded there is no evidence of criminal offense by Antioch Police officers in the December 2020 death of 30-year-old Angelo Voithugo Quinto. The D.A.’s Office released a 39-page Law Enforcement Involved Fatal Incident (LEIFI) report as part of Contra Costa County’s protocol to investigate incidents when officers or civilians are shot or die during an encounter with law enforcement. The report is available on the District Attorney’s website and here: Angelo Quinto LEIFI Report Final

The incident occurred on December 23rd and Quinto, a 30-year-old Navy veteran, died in the hospital while not in police custody three days later on Dec. 26th.

According to the CCDA, the purpose of the report is to independently determine criminal liability in fatal incidents when law enforcement is involved. During a criminal trial, the District Attorney’s Office – which represents The People of the State of California — has the burden of proving beyond a reasonable doubt that a death was not justified.

Part of the LEIFI report contains a legal analysis of the evidence in the death of Quinto. That analysis determined the Antioch Police officers engaged with Quinto in a manner that was lawful and objectively reasonable under the circumstances. Moreover, the report notes that the officers utilized reasonable force during their contact with Quinto [PC 835a(a)(3)].

The report confirms what both the Contra Costa County Coroner’s Office and then-Antioch Police Chief Tammany Brooks said during a March 2021 press conference and is in spite of the rush to judgment by Antioch Mayor Lamar Thorpe and Councilwomen Monica Wilson and Tamisha Torres-Walker, and the accusations by Quinto’s family members that the police officers caused his death. It also undermines the naming of the legislation, AB 490, entitled the Angelo Quinto Act, banning law enforcement from restraint techniques that cause asphyxia. (See related articles here)

Brooks said that officers did not kneel on his neck during the incident. In addition, he said, “according to the results of a preliminary investigation, at one point during the handcuffing, an officer did briefly – for a few seconds – have a knee across a portion of Angelo’s shoulder blade. This is a common control technique taught at CA POST approved Police Academies for prone handcuffing.  At no point did any officer use a knee or any other body part to gain leverage or apply pressure to Angelo’s head, neck, or throat, which is outside our policy and training.”

Then, in August 2021, a Contra Costa Coroner’s Inquest Jury found that Quinto’s death was an accident. (See related article)

Background

The circumstances surrounding this incident were initiated with a 911 call from Angelo Quinto’s sister on December 23, 2020, at around 11:10 pm. Quinto’s sister wanted law enforcement’s help after Quinto was being erratic, physically aggressive, and harming his mother. Quinto’s mother could be heard in the background of the call saying “I can’t breathe. Stop it.” while Quinto’s sister told the 911 operator that he was strangling Mrs. Quinto.

Antioch Police officers arrived about a minute later. They were met by Quinto’s sister, who was clutching a hammer to protect herself from her brother. Officers heard a commotion coming from Quinto’s bedroom. When they entered the room, they saw Quinto’s mother struggling with him in a bearhug hold on the ground. Officers separated the two. One officer kneeled and placed one knee on Quinto’s shoulder to handcuff him while the other held onto his legs. This was the extent of force utilized by the two officers to restrain Quinto, and to prevent him from harming himself, family members, or the officers.

Police told Mrs. Quinto that her son was not under arrest. Rather, emergency responders were on their way to transport him to a hospital for any physical injuries. He would also receive a mental health evaluation while being treated at the medical facility. While one officer went to his patrol vehicle to get the needed paperwork, emergency medical crews arrived on the scene. They rolled Angelo over and noticed he was unconscious, his face was purple in color, and there was blood on the floor and his face. The officers did not strike Quinto in any way, and the autopsy revealed bite marks to Quinto’s inner cheek and tongue. Life-saving measures were administered, and Quinto was transported to a hospital in Antioch — where he died on December 26th.

An autopsy was performed on December 28th by the Contra Costa County Coroner’s Office. The cause of death was Excited Delirium Syndrome due to drug intoxication, psychiatric conditions, physical exertion, and cardiac arrest.

A toxicology report by the Coroner’s Office showed that Angelo Quinto had the presence of caffeine, Levetriacetam (a therapeutic for adults and children with epilepsy), and Modafinil – a drug to stimulate wakefulness – in his system. The County of Santa Clara Medical Examiner-Coroner reviewed the autopsy findings and agreed with its conclusions.

The Quinto family commissioned an independent autopsy, and its findings note the cause of death was restraint asphyxiation. The private autopsy lists petechial hemorrhaging as the basis for such conclusion. An independent toxicology report also found the presence of Fentanyl in Quinto’s blood – in addition to Modafinil and Levetiracetam.

However, of critical importance to the investigation, an internal examination showed no bone fractures or damage to Quinto’s larynx and trachea. While there are conflicting medical opinions as to the cause of death, the accounts of what transpired in the bedroom are consistent among all witnesses in that no police officer applied pressure to Quinto’s neck.

After reviewing the evidence, the method of restraining Angelo Quinto by Antioch Police officers on December 23rd was objectively reasonable under the totality of the circumstances. Therefore, when applying the applicable law and the California District Attorney’s Uniform Crime Charging Standards, there is no evidence of a criminal offense committed by the Antioch Police officers involved in restraining Angelo Quinto.

Contra Costa District Attorney’s Office will take no further action in this case.

Contra Costa District Attorney’s Office PIO Ted Asregadoo contributed to this report.

Brentwood woman sentenced to maximum prison time in $300K Los Banos restaurant embezzlement case

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Robin Ruth Ann Recla, aka Robin Berard. Source: Merced County District Attorney

During Wednesday hearing at Los Banos Courthouse; Robin Ruth Recla swindled six local, prominent residents who invested

“Ms. Recla is a con artist, plain and simple who should be committed to state prison for her crimes,” Merced County Deputy D.A. Colby

Victims “relieved that it’s over”, praise prosecutor, police and judge; main victim knew her for 30 years

By Allen D. Payton

After entering no contest pleas to embezzlement and filing a false tax return on May 25, 2022, in the case of the Los Banos, CA restaurant scheme, a 46-year-old Brentwood woman, Robin Ruth Ann Recla, aka Robin Berard, appeared in front of Merced County Superior Court Judge David W. Moranda on Wednesday, August 17, 2022, for sentencing in the Los Banos Courthouse. Following requests by both the prosecution and her victims, Recla was sentenced to the maximum available to the District Attorney under current law of two years, eight months in state prison.

The Merced County District Attorney’s office announced on May 25, 2022, Ms. Recla admitted to swindling approximately $300,000 from six prominent Los Banos investors. She also failed to claim the profits on her income tax return.

In 2018, the group of investors pooled their funds and formed an L.L.C. with the intent of creating and opening a restaurant in the Los Banos area. Ms. Recla was selected to manage and direct the project, but investors learned there were problems when they were notified by their bank that the business accounts were overdrawn

An investigative team comprised of an investigator from the state Franchise Tax Board Criminal Investigation Bureau, Commander Justin Melden with the Los Banos Police Department, and Merced County D.A. Investigator Moses Nelson worked diligently to trace the financial transactions exposing Ms. Recla’s behavior. The coordinated, year-long investigation uncovered Ms. Recla’s personal use of nearly all of the funds, including $159,273 in checks written to herself and her withdrawal of $24,900 in cash from automated teller machines. The investigators determined Ms. Recla also used the investors’ funds for personal travel and the purchase of personal items like furniture.

In the past, embezzled amounts as high as the amount involved in this case would have resulted in a larger prison sentence. However, changes in the law now mean the longest possible sentence Ms. Recla faces is two years and eight months in prison. Also, with the passage of AB 109, known as realignment, Ms. Recla’s sentence in most cases would result in a Penal Code, Section 1170(h) local prison sentence.

Local prison sentences in Merced County are in nearly all cases served on the Sheriff’s Supervised Release Program, referred to commonly as ankle monitor. However, because investigators and the Merced County D.A.’s Office appropriately pursued and prosecuted the acts of tax evasion, any prison sentence issued in this case must be served in the California Department of Corrections and Rehabilitation.

Ms. Recla’s no contest plea was not the product of a negotiated plea, and she entered an open plea to the charges, meaning that the court has all options available up to the maximum allowable by law.

At the sentencing hearing, attorneys for both sides presented arguments to Judge Moranda advocating for a sentence they believe to be in the interest of justice. Deputy D.A. Travis Colby is handling this case for the Merced County District Attorney’s Office.

According to the prosecution brief by Colby, “Ms. Recla has a history of fraud and deceit dating back to 1998 when she was convicted of fraud to obtain aid. She was convicted of felony grand theft in Pocatello, Idaho District Court in 2010, and in 2011 she was convicted of felony grand theft for stealing $35,000 from a former employer, Advanced Professionals – an insurance agency in San Jose. She was also accused of embezzling $70,000 from a restaurant in Los Altos between 2015 and 2017 before taking charge in this scheme to defraud people in Los Banos,” who are prominent and local but chose to not be identified for this report.

“Ms. Recla is a con artist, plain and simple who should be committed to state prison for her crimes,” Colby continued. “She is presumptively ineligible for probation. But even if probation did apply, probation is not appropriate for her under any reasonable analysis.”

Recla asked for leniency from the court for medical reasons including her mental health and her husband’s physical health and expressed regret and sorrow without showing mercy for the Los Banos’ investors who lost up to $300,000 collectively and requested the court to reduce her charges of two felony counts to probation.

Judge Moranda agreed with the prosecution noting her crimes “started small and worked their way up.” The judge further stated, “I don’t see the remorse. I don’t see that she is sorry.”

He then sentenced Recla to two years for felony embezzlement and eight months for filing a false tax return to run concurrently in state prison, the maximum under law. Since there was no credit for time served, and showing no mercy for her victims, she was handcuffed and taken away to immediately begin serving her sentence.

Victims “Relieved That It’s Over”, Praise Prosecutor, Police and Judge

Asked how she was feeling, Sandie Silva, one of the victims said, “I’m feeling, I guess, relieved that it’s over. I feel that justice has been done and I feel that our district attorney and detectives, Melden from Los Banos and Moses from the District Attorney’s Office. And Travis Colby was amazing.”

Cheryl Silva, Sandie’s sister-in-law, and her husband Anthony were also victims in the restaurant investment embezzlement scheme.

“I’m elated that the judge listened to our victim’s impact statements,” Cheryl exclaimed. “I believe he responded to us through the sentencing. He listened to how we’re really feeling. This is not Robin Recla’s first felony offense and the judge responded to that saying, this is a pattern with Robin. For me that was very reassuring. We did not feel as though, in her statements she did apologize, but we did not feel it was sincere. She had many opportunities over the past four years to do what was right but chose not to. I’m elated that justice was served. It was not vindicative on our part. We were seeking justice.”

Asked how they met Recla, Cheryl responded, “she was very close to Sandie to the point she called her mom. She garnered our trust through that relationship and that’s how all of this came about.

Asked when they first met, Cheryl said, “Sandie met her 30 years ago.”

“I’m in real estate and I had a business with my ex-husband and Robin was actually our ad sales rep for the Los Banos Enterprise,” Sandie said. “I actually also owned a house-cleaning service and cleaned her parents’ house and helped her get the job at the Enterprise.”

“She befriended me, she could sell yellow snow to an Eskimo,” Sandie continued. “Robin babysat my kids, and I kept her son, too.”

“Then we lost touch for years and then she found me on Facebook in 2009. She was living in the San Jose area at the time and bought me flowers one year, and the card said, ‘Happy Birthday, Mom’. I thought, ‘awww. She just wants someone to love her.’ She catered my daughter’s best friend’s husband’s funeral reception and she told everyone that I was her mom and that my kids were her brother and sister.”

“That was around Easter time, I asked her what they were doing, she said they were going to be alone, so, I invited her to our house,” Sandie shared. “Because she was spending so much money on rent, I said she needed to come back Los Banos, save money and buy a house. She and her kids stayed with us less than a month, while a house was getting ready for them to move into.”

“Robin was working at a restaurant in the Bay Area – she was charged over there, too,” Sandie said. “I was paying their bills for her. I told her, ‘you can’t afford to quit your job, you stay there and save your money’.”

“About six months later she presented this plan to us. My husband, Danny Silva, was born, here and started sharing this with his friends. He thought it was a pretty good idea.”

“It was going to offer farm to table comfort food. It was called ‘Double R’. It was going to have a nice cocktail lounge. It was nice,” Sandie stated. “We leased a space by the Target on West Pacheco Blvd.”

“What happened was I was a signer on the account and the bank called me that the account was overdrawn, and I said, ‘we haven’t started construction, yet. How can it be overdrawn?’” Sandie continued. “That was the first time. Robin gave me some con story that she had a loan that hadn’t funded, yet and that she called and explained it to the bank, and everything was fine. Then I got a second phone call from the bank and the account was $50,000 overdrawn. So, I went down to the bank and got a printout and saw that the day after we deposited funds, she started writing checks to herself.”

“I went over to her house, my husband and I met with her and her husband, and told her you’re not my daughter, you just screwed over my family, and you better start talking,” Sandie stated. “Robin said, ‘I know. I thought I could fix it before anyone found out.’ Then she told me she was going to sue our attorney, who set up our LLC, for malpractice and give us our money back.”

“She did actually file a lawsuit against him, but it was dismissed. She didn’t get anything from it,” Sandie added.

“Robin had purchased a liquor license and it was in escrow, she didn’t pay the seller, she gave him back the license and she took the money out of escrow and kept it, she didn’t put it back in the escrow account,” Sandie explained. “But she’s a convicted felon so she put the liquor license in her son’s name. She was writing to the checks ABC, but they must have told her they couldn’t accept her checks, so, she forged my signature on a $10,000 check.”

That wasn’t one of the charges. “They said I would have to take her court,” Sandie stated.

“All these people, they only trusted her because I trusted her,” she continued. “That’s kind of a heavy weight to carry.”

“My heart really broke, today because I was sending someone I loved to prison,” Sandie shared. “But I didn’t believe anything coming out of her mouth, today. I’m a sucker but I wasn’t suckered, today.”

“I have to tell you, that judge and Travis, they did their jobs,” Sandie stated. “Even if we lost, today I’m proud of the job they did.”

“Everything went good, because she was found guilty,” Danny Silva said. “The problem I had was the people in Sacramento.”

“I’m all for giving people a second chance,” he continued. “So, a minimum sentence like this for a first offense. But it’s not here first offense. If you keep making the same mistakes and no consequences, you’re going to keep doing it. The thing is she can be out for six to eight months. I hope I’m wrong. But I’m willing to bet $20 she’s out in eight months or sooner. She has nothing to worry about. The judge knew she’s a habitual liar and con artist. It’s a shame our system doesn’t punish these people more.”

As with most white collar crime cases, the investigation required time intensive forensic accounting and a large collaboration among several agencies. White-collar crime is taken very seriously by the Merced County District Attorney’s Office, as the effects are often far reaching and can financially devastate individuals and businesses. The DA’s Office thanked the Franchise Tax Board, Criminal Investigation Bureau and the Los Banos Police Department for their collaboration and shared that it is greatly appreciated to see that the defendant was brought to justice in this case.

Andy English contributed to this report.

Antioch teen, two men charged with March murder near Pleasant Hill are Tre-4 gang members

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Also charged by DA for armed robbery, conspiracy

By Ted Asregadoo, PIO, Contra Costa County Office of the District Attorney

Members of the Tre-4 street gang are being prosecuted by the Contra Costa District Attorney’s Office on murder, armed robbery, and conspiracy charges. Jalin Washington of San Francisco, Don Juan Defore Watson, Jr. of Antioch, and Amir Anderson-Roof (city unknown) all face charges for a series of crimes that include the killing of 20-year-old Basel Jilani of Lafayette on March 23, 2022. (See related articles here and here)

In that incident, the victim Jilani was chased by Washington and Watson after they spotted him driving a high-end Mercedes on the freeway in Concord. Jilani tried to elude his pursuers but crashed his vehicle on Taylor Boulevard near the border between Pleasant Hill and Lafayette. He was shot, killed, and robbed of his Rolex watch.

Washington, Watson, and Anderson-Roof are also at the center of several crimes in Bay Area in 2022 that include automobile thefts and armed robbery.

The People of the State of California v. Jalin Washington, Case Number: 01-22-01088

The People of the State of California v. Don Juan Defore Watson, Jr., Case Number: 01-22-01086

The People of the State of California v. Amir Anderson-Roof, Case Number: 01-22-01087

Contra Costa Neighborhood Restorative Partnership opening in East County in August

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Deadline to participate as panelist is July 31

Have you heard of the Neighborhood Restorative Partnership program that the Contra Costa DA’s Office has?

The goal of the Neighborhood Restorative Partnership is to address low-level misdemeanors or infractions, such as vandalism, assault/battery, alcohol control violations, and other quality of life crimes by partnering with our local law enforcement agencies and with community volunteers.

Residents of Contra Costa County, who wish to volunteer in this program, will be trained to serve as panelists and develop community-based solutions to redress the harm caused by these low-level offenses.  Pursuant to Penal Code §14150 – 14156, the District Attorney’s Office empowers panelists with the authority and responsibility to adjudicate certain infraction/misdemeanor offenses, and it empowers facilitators with the authority to facilitate the restorative justice process.

“We’re opening an East County version of the program next month, and we’re looking for Community Safety Panelists to participate in the program,” said Ted Asregadoo, CCDA’s Office PIO. “The application deadline is on July 31st.”

If you are interested in becoming a panelist in the Contra Costa County District Attorney’s Office Neighborhood Restorative Partnership program, please complete the application below and submit it to:

Contra Costa District Attorney’s Office

Attn: Janet Era, Neighborhood Restorative Partnership

900 Ward Street, 2nd Floor, Martinez, CA 94553

DA-NRP@contracostada.org

Click on this link to download the Application.

Click on this link to download the NRP Flyer.

Antioch teen charged for armed robberies in Walnut Creek, Danville

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Part of street gang

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

The Contra Costa District Attorney’s Office filed three felony counts with enhancements against an Antioch man in connection with armed robberies in Walnut Creek and Danville. He was previously listed as a resident of San Jose. (See related article)

18-year-old Leon Cathay Fountain was arraigned in Martinez on July 7th. Fountain entered a plea of not guilty to one felony count with an enhancement for armed robbery on June 24, 2022, in Walnut Creek. Fountain also pleaded not guilty to two felony counts with three enhancements – which includes one gang enhancement – for armed robbery on July 1st at a Trader Joe’s parking lot in Danville. In both incidents, Fountain and a minor used an illegal AR-style assault firearm and other guns to steal Rolex watches. The robbery in Danville was carried out at the direction of the Klap street gang, who also told Fountain where to sell the watch. Authorities say the estimated value of the luxury timepieces is between 30-thousand and 40-thousand-dollars.

In both robberies, the perpetrators followed their victims in vehicles. When the victim reached a location and exited their vehicle, Fountain and one of the minors would surround them at gunpoint and demand they hand over their watches. In the Danville robbery, a Black Acura was used that witnesses said had a distinctive marking.

After detectives with the Contra Costa County Sheriff’s Office got a description of the suspects and their vehicle from witnesses, they were apprehended by police at a residence in Antioch approximately two hours after the robbery at Trader Joe’s.

Fountain is currently in the Martinez Detention Facility. The minors are in Juvenile Hall and have been charged with Second-Degree Armed Robbery.

The People of the State of California v. Leon Cathay Fountain, Case Number: 01-22-00977

Contra Costa DA dismisses 40 cases due to Pittsburg, Antioch officers’ crimes of moral turpitude

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Won’t be prosecuted because the cases are “compromised to the point they can’t be salvaged” – Ted Asregadoo, CCDA PIO

By Allen D. Payton

The Contra Costa District Attorney’s Office has dismissed 40 cases from prosecution as part of the investigation into crimes of moral turpitude by Pittsburg and Antioch Police Officers announced in March. As previously reported, several officers were placed on paid administrative leave due to the accusations against them. (See related articles here, here and here)

Asked for details about the 40 cases, CCDA Public Information Officer Ted Asregadoo said he could not provide it as “it’s still an active investigation of the Pittsburg and Antioch officers.”

Out of a group of the cases, there are 40 cases that can go forward in the investigative process. Approximately 40 of those cases were dismissed,” he continued.

Asked how cases were from which agency Asregadoo responded, “I can’t talk about that.”

“The DA’s office is involved in ongoing evaluations of the cases to determine if the cases are compromised due to the criminal wrongdoing and misconduct,” he stated. “Those 40 have been compromised to the point they can’t be salvaged so they were dismissed.”

“The Antioch and Pittsburg Police Departments are cooperating with us and are assisting,” Asregadoo shared. “It’s a complex endeavor and is wide ranging. The scope of it is not a single incident.”

Chief Assistant District Attorney Simon O’Connell offered the following statement about the matter:

“There are multiple officers who are subjects of an ongoing criminal investigation involving a range of offenses which constitute crimes of moral turpitude. The Contra Costa District Attorney’s Office is actively engaged in evaluating these cases to determine whether the charged case is compromised or whether the case can proceed. Community safety remains paramount, and the District Attorney’s Office remains steadfast in preserving as many cases as possible.”

An estimated three or five Antioch Police Officers are involved.

Antioch Police still won’t say how many Antioch officers are under investigation, APD Public Information Officer Darryl Safford said. But he did confirm they are still on paid administrative leave. Asked if the DA’s office shared how many of the 40 cases were from Antioch Saffold said, “they have not informed us.”

In addition, an effort to reach new Pittsburg Police Chief Steve Albanese for details from his department was unsuccessful prior to publication time. Please check back later for any updates to this report.

Concord man charged with multiple felonies for attempted sex with minor

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Arrested in Danville park

By Ted Asregadoo, PIO, Office of the Contra Costa County District Attorney

A 43-year-old resident of Concord has been charged with nine felony counts related to arranging to meet a minor for sex.

On July 1, 2022, the Contra Costa County District Attorney’s Office filed charges against Phillip Soliman Moussa. Police arrested Moussa in Danville on June 29, 2022, after he engaged in online communications with an individual he believed was a 14-year-old child. During the course of their communications, Moussa allegedly sent the minor a text requesting to meet at a park in Danville to engage in prohibited sex acts. When Moussa arrived at a park, he was arrested by police. He remains in the custody of the Contra Costa County Sheriff. His bail has been set at $675,000.

Moussa is scheduled to be arraigned on July 5, 2022, on the following charges: three counts of arranging to meet a minor for sex, three counts of online enticement of a minor, and three counts of attempted lewd acts with a child.

The case was investigated by the Silicon Valley Internet Crimes Against Children Task Force. In Contra Costa County, detectives and investigators from the Walnut Creek, San Ramon, Concord, and Moraga Police Departments, the Contra Costa County Sheriff’s Office, United States Secret Service, Homeland Security Investigations, the Contra Costa County Probation Department, and Inspectors from the Contra Costa County District Attorney’s Office participate in the task force.

Anyone with information about this case should contact Sheriff’s Detective Andreas Gianopoulos at 925-313-2621.

Parents are encouraged to discuss online safety with their children and can visit the website www.kidsmartz.org or the Contra Costa County District Attorney’s website for further information.

Case information: People v. Moussa Docket # 01-22-00955

Contra Costa DA’s Office, U.S. Department of Labor announce partnership to combat wage theft

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

On June 17th, 2022, Contra Costa District Attorney Diana Becton and U.S. Department of Labor Assistant District Director for San Jose Alberto Raymond formalize a partnership to combat wage theft and protect workers’ rights.

Both agencies commemorate the agreement by signing a Memorandum of Understanding (MOU) at the District Attorney’s Office in Martinez. The MOU means the DA’s Office will be devoting resources to prosecute criminal wage theft cases to curtail labor trafficking, unfair business practices, payroll tax evasion, and wage and hour violations. To do this, District Attorney Becton will create a Workplace Justice Unit that’s committed to a fair and equitable workplace.

Becton noted, “While the DA’s Office and the Department of Labor have had an informal relationship on human labor trafficking and wage theft cases since 2014, this Memorandum of Understanding marks the start of a formal five-year partnership to continue our efforts to seek justice for victims of crime.”

Wage theft affects victims in various ways – and at all income levels. Some workers are denied overtime or are paid less than the minimum wage per hour. Some employers also refuse to pay bonuses, vacation pay, or reimbursement of business expenses. According to investigations by the DOL’s Wage and Hour Division in 2021, U.S. workers were denied over 230-million dollars in back pay.1

“Cooperation between federal and local agencies is critical in the fight against all forms of wage theft here in Contra Costa County and elsewhere in the country,” Assistant District Director Raymond said. “The formal renewal of this longstanding partnership highlights our determination and commitment to combat wage theft and to hold their perpetrators accountable to the fullest extent of the law.”

Wage theft is a felony punishable by up to three years in jail. Employers caught stealing from their employees may be personally liable for unpaid wages and face criminal asset forfeiture actions.2

In addition to investigating and prosecuting cases, both agencies will conduct community outreach programs to inform the public about reporting wage theft — as well as provide resources for employers to help them follow labor and payroll tax laws.

If you are a victim of wage theft, call 1-866-4-USWAGE or contact the Contra Costa County District Attorney’s Office at: DA-ReportFraud@contracostada.org.

1 U.S. Department of Labor Wage and Labor Division (FY 2021) data found a total of $234,280,603.96 in back pay was owed to workers.

2 Pursuant to PC section 186.11

Contra Costa voters re-elect Sheriff Livingston, DA Becton, Assessor Kramer

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Results for the Contra Costa DA and Sheriff’s races as of early Wednesday, June 8, 2022, showing Becton and Livingston winning. Source: CoCoVote.us

One billionaire Soros-backed progressive DA wins, two other progressive DA’s lose in the state Tuesday night; in County Clerk’s race it’s Connelly vs. Gordon; Pleasant Hill Councilman Carlson, BART Director Allen leading in 4th Supe District race; only 18% turnout; ballots mailed by election day can still be received until next Tuesday

Sheriff Livingston checks the voting results at the DSA Election Night Watch Party Tuesday, June 7, 2022. Photo: Allen D. Payton

By Allen D. Payton

Following an election season filled with attacks, accusations and over $1 million spent in the Contra Costa District Attorney’s race, the incumbents, Sheriff David Livingston and DA Diana Becton, along with County Assessor Gus Kramer were each re-elected by wide margins, Tuesday night. They were the only countywide incumbents facing challengers, this year in an election that only saw a 17.95% voter turnout, so far. Incumbent county Treasurer-Tax Collector Russell Watts, Auditor-Controller Robert Campbell and County Superintendent of Schools Lynn Mackey were re-elected without facing opposition.

In the only other contested countywide race, for County Clerk-Recorder, Kristin Connelly will face former Community College Board Trustee Vicki Gordon in a November run-off. In the races for county supervisor, District 1 incumbent, John Gioia was re-elected easily beating his opponent, Hulan Barnett, Jr. 15,018 votes to 2,800, and in District 4, Pleasant Hill Councilman Ken Carlson who and BART Board Director Debora Allen are leading. Allen was trailing Concord Councilwoman Carlyn Obringer by 211 votes until late in the evening, when she pulled into second place by 389 votes. Carlson is leading Allen by 569 votes. The top two candidates will face off in the November run-off.

When reached for comment Allen said, “I’m not declaring victory at this point because there are still ballots to count.”

In a prepared statement she later added, “All the candidates for District 4 supervisor should be congratulated for clearly articulating their positions to voters and running strong campaigns. It was a diverse field of candidates, and I am truly honored for the support I received from the voters.

At this time, I am among the top two vote-earners, but the count has not been finalized and my lead over the third-place candidate is narrow. While it seems likely I will remain in the top two and will move on to the November runoff, I am reserving any further announcements until final votes are confirmed by the County Elections office.

I look forward to a fall election focused on solutions to the most prevailing issues facing our communities, which include public safety, affordable housing, and effective, mental health services.”

In the biggest battle in the county, Becton was re-elected to her second, full, four-year term beating Deputy District Attorney Mary Knox, a 37-year prosecutor, by 56% to 44% with 63,147 votes against 49,599 for Knox.

Sheriff Livingston and Deputy District Attorney Mary Knox with former Martinez Councilman Mike Menesini and another supporter at the DSA Election Night Watch Party, Tuesday, June 7, 2022. Photo: Allen D. Payton

The same night a Soros-backed, progressive district attorney was re-elected in Contra Costa, another progressive D.A. in San Francisco, Chesa Boudin was recalled by voters in that city and county who had enough with his policies. Becton and Boudin have been part of the Prosecutors Alliance of California, along with L.A. County D.A. George Gascon who is also facing a possible recall, and San Joaquin County D.A. Tori Verber Salazar, who was losing for re-election according to the San Joaquin County Registrar of Voters website as of Wednesday.

In the other hard fought countywide race, Livingston was re-elected to his fourth term as sheriff beating Richmond Police Officer Ben Therriault by an even wider margin, 61.2% to 38.8% with 67,906 votes to 43,125 for the challenger.

Attempts to reach Livingston and Becton for comment about their victories were unsuccessful prior to publication time.

County Assessor Kramer eased to another victory for his eighth term, beating his only opponent Floy Andrews by 57.6% to 42.4% with 63,164 votes to 46,456 for the challenger.

When reached for comment Kramer said, “I am on bended knee thanking the voters for seeing through the garbage in the East Bay Times, having faith in me and re-electing me for another four years. The citizens have spoken, the people for whom I serve. This is not a victory for me but for the property owners in the county.”

Livingston, Knox and Kramer attended the Election Night Watch Party at the Deputy Sheriffs’ Association Hall in Martinez, waiting for the updates and speaking with their supporters.

In the Clerk-Recorder’s race, Connelly is in first place with 34,049 votes, Gordon is in second with 24,152 votes and is ahead of Pinole Councilman Devin Murphy by 3,781 votes.

Contra Costa County Assessor Gus Kramer celebrates his re-election with supporters at the DSA Election Night Watch Party, Tuesday, June 7, 2022. Photo: Allen D. Payton

Asked for a comment on the election results Gordon said, “The first thing I want to say is to thank all my supporters, people who donated and walked. I want to thank everyone for their support, it was grassroots effort. My husband and family were also amazing.”

“I am honored to move on to November,” she added.

The countywide Measure G which continues the $2 per car fee to pay for picking up abandoned vehicles and required a two-thirds vote is passing with 68.7% of the vote, with 79,126 in favor to 35,978 opposed.

The only other measure on the ballot was in Martinez. Measure F, also requiring a two-thirds vote to pass, is barely failing with 65.9%. If passed, the measure would add a $79 annual parcel tax for the next 30 years to preserve open space and a ridgeline, allowing the City of Martinez to purchase the 297-acre Alhambra Highlands.

The Contra Costa Elections Division can still receive ballots that were mailed by Tuesday for up to seven days after the election, according to executive secretary, Melissa Hickok, who said she read it straight from the Secretary of State’s website. They have up to 28 days to certify the election.

This year, voters who went to the polls didn’t put their own ballots into the counting machines, as has been done in the past.

“Contra Costa County has returned to a central count, instead of having hundreds of counters at all the polling places, we bring all the ballots back and run them through the high-speed scanners at the Elections Office,” Hickok explained.

That resulted in updates of the results on election night to take longer than in the past.

The next update is expected this Friday, June 10 at 5:00 p.m. For more information visit CoCoVote.us.

Billionaire Soros, special interests dump $1 million into Contra Costa DA’s race to support Becton, defeat Knox

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From pages 1 and 3 of the CA Justice & Public Safety PAC 496 report dated May 28, 2022, showing the $489,200 spent against Knox and $652,000 contributed by Soros. Source: Netfile.com

Including $510,000 more in attack ads against Knox; Soros contributes $652,000

“This money will not drown out the voices of the hundreds of volunteers and thousands of local donors who have worked tirelessly side-by-side with me over the past 11 months to spread our campaign’s message…” – Deputy D.A. Mary Knox

By Allen D. Payton

The Washington, D.C.-based PAC funded by billionaire George Soros has received another $1 million more to help re-elect incumbent Contra Costa D.A. Diana Becton and defeat her challenger, Deputy D.A. Mary Knox. According to two campaign finance reports on Netfile.com submitted by the California Justice & Public Safety PAC date May 28, Soros contributed $652,000, the Smart Justice California Action Fund contributed $300,000 and M. Quinn Delaney of Piedmont contributed $50,000.

According to their website, Smart Justice California is “an alliance of donors and funders…helping to change the belief that prosecutors must be incarceration-driven by engaging voters and establishing a statewide candidate pipeline of justice reform champions.”

The report lists Delaney as retired. But according to the organization’s website, she “is the Founder and Board Chair of Akonadi Foundation, which supports the development of powerful social change movements to eliminate structural racism and create a racially just society. The Foundation funds primarily in Oakland with a focus on ending the criminalization of people of color.”

6/2/22 UPDATE & CORRECTION: That brings the total received by the PAC to $1,002,000 in the race, so far. (See related article)

It was previously reported that the $1 million in contributions was in addition to over $400,000 previously spent according to the PAC’s Form 496 reports dated May 14 for a total of more than $1.4 million in contributions. However, according to Alex Navarro-Mckay of New York-based Berlin Rosen campaigns said, “when the $400,000 was spent the PAC was incurring liabilities.” Asked when the ads started running, he responded, “right around there. May 13 or 14.”

That means the PAC spent over $400,000 on negative, digital attack ads against Knox before the funds were received on May 17, 26 and 27. Most media companies require political campaigns to pay in advance.

Of the latest amount received, almost $500,000 was spent on negative attack ads against Knox and another $10,050 was spent for digital ads against her. The PAC only spent $34,900 on digital ads to support Becton.

In response to those contributions and expenditures to defeat her, Knox released the following statement:

“An out-of-state billionaire along with special interest groups have now dropped an unprecedented $1M to defeat my campaign and influence voters for District Attorney in this local election.  Contra Costa voters will determine the outcome of this election and the future of public safety in Contra Costa County. This money will not drown out the voices of the hundreds of volunteers and thousands of local donors who have worked tirelessly side-by-side with me over the past 11 months to spread our campaign’s message”, said Knox. “I have served this community for 37 years as a prosecutor. The bottom line is this. People in our community want to feel safe in their neighborhoods. Every day I talk to voters who are frustrated with D.A. Becton and want to see their District Attorney focused on public safety and crime reduction.”

As previously reported, Becton was asked if it is good to have so much out-of-county and out-of-state funds spent to influence an election in Contra Costa County, but she did not respond. Becton was also the beneficiary of spending by Soros during her first election campaign in 2018. (See related article)

Knox has served as a prosecutor in the Contra Costa District Attorney’s office for 37 years and has extensive trial experience. Knox has earned the endorsement of every law enforcement agency in the County, as well as state and local organizations such as the California Correctional Peace Officers Association, PORAC, the California Narcotics Officers Association and the California Gang Investigators Association. Mary has advanced social justice while preventing crime in Contra Costa County.  She brought anti-bias training to the District Attorney’s Office and has fought to end discrimination against women in the Contra Costa County’s District Attorney’s Office.

Knox and Becton are the only candidates running for election as DA.  Since this election will be won by a simple majority, the election of the next District Attorney of Contra Costa County will be determined by the votes cast on June 7, 2022.