Contra Costa Herald

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

FBI, Contra Costa DA’s Office investigating possible “crimes of moral turpitude” in Pittsburg, Antioch Police Departments

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“conduct that shocks the public conscience, or which does not fall within the moral standards held by the community” – LegalDictionary.com

Will evaluate if cases involving officers are now compromised

UPDATE: Pittsburg PD issues statement, 3 officers placed on paid leave

By Allen D. Payton

Late Friday afternoon, the Contra Costa County District Attorney’s Office announced that on Wednesday, March 23, 2022, the FBI and the DA’s Office conducted court-authorized law enforcement activity at multiple locations. The criminal investigation pertains to sworn law enforcement officers from the Antioch Police Department and Pittsburg Police Department.

The broad range of offenses under investigation involve crimes of moral turpitude. A review of both active and closed cases involving these officers will be necessary to evaluate whether those cases are now compromised. Due to the ongoing nature of the investigation, no additional details will be released at this time.

The involved police departments and cities have cooperated with the investigation to ensure minimal disruption to their respective communities. The District Attorney’s Office will continue to work in conjunction with federal authorities along with the cities of Antioch and Pittsburg to ensure public trust and public safety.

According to LegalDictionary.com moral turpitude means, “Conduct that is believed to be contrary to community standards of honesty, good morals, or justice.” In addition, that website reads, “Moral turpitude is a legal concept that refers to any conduct that is believed to be contrary to the community standards of honesty, justice, or good moral values. While there is no one exact definition of acts that are considered under moral turpitude, they are typically described as any acts of vileness or depravity, or of sexual immorality, whether in a private or social context.  The word turpitude is defined as a shameful, vile, or corrupt character or acts. Moral turpitude refers to conduct that shocks the public conscience, or which does not fall within the moral standards held by the community. The law concerning moral turpitude is constantly changing and evolving, as the moral standards of society in general change.”

UPDATE: Pittsburg PD Places 3 Officers on Paid Leave

The Pittsburg PD issued the following statement on their social media accounts early Friday evening:

“The Pittsburg Police Department is aware of a joint criminal investigation being conducted by the Contra Costa County District Attorney’s Office along with the FBI. The investigation involves several local police officers, including three current Pittsburg Police Officers. Anytime there is any allegation of criminal misconduct, that is something our organization takes extremely seriously.

In September of 2021, the department received information that a Pittsburg Officer was involved in illegal activity. The tip also indicated that other law enforcement officers were involved, but did not go into further details. When we learned of the allegations, we immediately contacted the District Attorney’s Office and asked them to conduct an independent criminal investigation.

This past Wednesday, the FBI and the District Attorney’s Office met with three current Pittsburg Police Officers as part of this investigation. After the meetings, all three Pittsburg Police Officers were placed on paid administrative leave. This is still an active criminal investigation being conducted by two outside law enforcement agencies, so we do not have further details into the alleged misconduct. The Pittsburg Police Department will continue to cooperate with the DA’s Office and the FBI. We will also be conducting our own internal investigation that will be completed by an independent, outside investigator.

Please know that the women and men at our Department remain committed to serving our community. Any officer who has violated their oath of office by engaging in illegal or unethical conduct will be held accountable.”

No Response from City of Antioch, Yet

A copy of the DA’s release was sent, Friday at 4:36 p.m., to Interim Antioch Police Chief Tony Morefield, copying Captain Trevor Schnitzius asking if they can provide any information about the investigation. Morefield said any inquiries about the matter must be made to the City of Antioch public information officer (PIO).

An email was then sent to Antioch’s PIO Rolando Bonilla after business hours on Friday asking for the response from the city.

A question was also sent to Assistant DA Simon O’Connell after hours Friday asking for his office’s legal definition of “crimes of moral turpitude”.

Please check back later for any updates to this report.

Contra Costa Sheriff investigating officer-involved shooting death in Discovery Bay

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Weapon that was held by Robert Jones Tuesday night, March 22, 2022. Photo: CCC Sheriff

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

Inage of Robert Jones pointing a weapon at law enforcement officers as he advanced toward them. Photo: CCC Sheriff

The Contra Costa County Office of the Sheriff, Contra Costa District Attorney’s Office, and the Oakley Police Department continue to investigate the Discovery Bay officer-involved shooting death per the county law enforcement involved fatal incident protocol.

Last night, March 22, 2022, at about 8:44 PM, deputy sheriffs were dispatched to a domestic disturbance at a residence on the 8000 block of Westport Circle in Discovery Bay. After speaking to the caller, a deputy attempted to talk to a man in the residence. As deputies tried to speak to him through a screen door, the man took out a knife and raised it over his head. Deputies commanded him to drop the knife. The man then brandished what appeared to be a rifle at the deputies, who retreated to safe distance away from the residence to set up a perimeter.

A short while later, as other deputies and Oakley police officers arrived at the scene, the man came out of the residence with the weapon raised and pointed as he walked toward the deputies and officers on the street. They attempted to de-escalate the situation by giving him numerous commands to put his weapon down. He refused to comply and advanced on the deputies and officers who discharged their firearms striking the man. They immediately requested an ambulance and the fire department to respond and began performing life-saving measures. The man was transported to a local hospital where he was later pronounced deceased.

The man is identified as 51-year-old Robert Jones. The weapon he was carrying and pointed at law enforcement officers was a Umarex AirJavelin Archery Rifle that propels arrows up to 300 feet per second.

The California Department of Justice was contacted and declined to participate in the investigation because the weapon Jones possessed is considered to be a deadly weapon.

Anyone with information on this incident is asked to contact the Sheriff’s Office Investigation Division at (925) 313-2600 or through Sheriff’s Office dis-patch at (925) 646-2441. For any tips, email: tips@so.cccounty.us or call (866) 846-3592 to leave an anonymous voice message.

Becton, 3 other DA’s ask for oversight, audit of Contra Costa Sheriff’s Dep’t after Livingston slams DA, judge for sentencing of former deputy

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Contra Costa District Attorney Becton and Sheriff David Livingston. Official county website photos.

Send letter to County Supervisors claiming, “Sheriff’s unwavering support for deputy who killed two people raises serious questions about his commitment to safety and accountability”

Instead of six years in prison for Andrew Hall “official Probation Department report recommended probation.”

“Contra Costa is not San Francisco or Los Angeles” – Sheriff Livingston

By Allen D. Payton

During campaign season, as both are facing re-election, an email was sent by Contra Costa County Sheriff David Livingston to his department staff on Friday, March 4, 2022, criticizing District Attorney Diana Becton and the judge for sentencing of former Deputy Andrew Hall to six years in prison for the shooting death of Laudemer Arboleda in 2018. (See related article)

In response, Becton and three other DA’s in the state who formed the Prosecutors Alliance of California are asking the County Supervisors “to increase external oversight of departmental misconduct” and for an audit of the sheriff’s department’s disciplinary practices. Formed in 2020, the Alliance is made up of four members, including the DA’s of San Francisco and L.A. Counties who are both currently facing possible recalls, and funded by Tides Advocacy, a social justice and welfare organization.

Sheriff Livingston’s email:

During his years of service, he served with honor and distinction.  He handled thousands of calls for service, as many of you have, and was well received by the citizens of our county.   After an extensive internal investigation, he was found to be within departmental policy when he was forced to use deadly force to protect himself and others on that fateful day.  I was proud to support him publicly and privately after the events of November 3, 2018, and I support him today.

For our district attorney to charge a deputy sheriff, or any peace officer, for a crime based on a split-second tactical decision is abhorrent.  It is even more abhorrent for that same district attorney to later repost photos on her reelection campaign social media that show her smiling and proclaiming that she “charged the officer.”

Despite these odd times, please remember I appreciate the work all of you do; I respect your sacrifice and commitment to the community we serve, and most importantly, I have your back.  I may not be able to impact the decisions of other elected officials, or the courts, but I definitely can impact what happens in our organization.  Do your job with honor, follow department policies, and obey the law.  If you do that, I will proudly stand with you – regardless of your job assignment, your rank, or your duties.  Never forget that and never doubt that.

I’m proud to be your Sheriff, and I thank you all.

David Livingston

Sheriff-Coroner”

Prosecutors Alliance Chides Livingston, Asks Supervisors for Oversight, Audit

On Monday, March 14, in a letter to the Contra Costa County Board of Supervisors, the Prosecutors Alliance of California asked for an audit of the disciplinary practices in Sheriff Livingston’s department and to increase external oversight of departmental misconduct. Recent remarks made by Sheriff David Livingston suggest he believes his deputies are above the law, raising serious concerns over the legitimacy of an Internal Affairs investigation into former Deputy Andrew Hall and how the Sheriff is disciplining officers who abuse their authority.

“Sheriff Livingston’s comments are abhorrent and indicate his belief that deputies who kill are above the law,” said Cristine Soto DeBerry, Founder and Executive Director of the Prosecutors Alliance of California. “Police have wide latitude to use force, but when they unnecessarily kill they must be held accountable just like anyone else in our community.  When we do not hold police accountable, people do not trust the legal system to protect them. That makes the job of policing more difficult and dangerous, and it makes it far less likely that crimes will be reported. That, in turn, poses a threat to everyone’s safety.

“District Attorney Diana Becton’s willingness to hold law enforcement accountable is the only check on an agency whose leader would otherwise grant his deputies unbridled power to kill with impunity. Sheriff Livingston took an oath to seek equal justice under the law and his remarks are an affront to that sworn commitment. These are not the words of a law enforcement leader, they’re the words of a man that believes accountability does not extend to police.”

Last week, a judge sentenced Deputy Andrew Hall to state prison after a jury convicted him for the 2018 shooting and killing of Laudemer Arboleda, an unarmed man having a mental health episode. This was not Hall’s only killing – he shot and killed Tyrell Wilson in 2021. Contra Costa County has paid $9.4 million to settle claims regarding former Sheriff’s deputy Andrew Hall. The County agreed to a $4.9 million settlement with Arboleda’s family last October in addition to a $4.5 million settlement with Tryell Wilson’s family.

In response to the verdict, Sheriff Livinston sent a department wide letter saying former Sheriff’s Deputy Andrew Hall served with “honor and distinction,” that Hall “was forced to use deadly force to protect himself that day,” and noted that an internal affairs investigation had cleared Hall. Livingston called DA Becton’s decision to charge former Deputy Hall “abhorrent,” and told his deputies, “I have your back.”

In an email to the Board of Supervisors today, Cristine DeBerry sounded the alarm, noting that, “the fact that [Internal Affairs] cleared former Deputy Hall is concerning.  If Department policy allows Sheriff’s Deputies to use force in contravention of the law, that would set up a situation wherein Deputies are being trained to use force in a manner that conflicts with criminal law. That presents serious issues for law enforcement officers, public safety, and county liability.  Alternatively, if the Sheriff is clearing deputies in cases where their use of force was criminal, that too raises serious questions about the Sheriff’s commitment to public safety and accountability.”

The Board of Supervisors can help restore trust by increasing oversight over the Sheriff’s Department, and by auditing the department’s disciplinary policies. These are critical steps to help the public understand the scope of law enforcement misconduct and to develop policies to increase accountability.

“DA Becton courageously charged Officer Hall with the death of Mr. Arboleda, a jury convicted him, and a judge sentenced him to prison,” said Cristine DeBerry. “Sheriff Livingston should accept the jury’s verdict and look at ways to reduce the use of unnecessary force by his deputies rather than question the prosecutor’s decision to bring charges and defiantly proclaim to ‘have the back’ of officers where a jury has determined the force to be criminal.”

A question was sent Thursday evening to the Alliance’s media contact asking if they had received any response, yet from the Board of Supervisors.

Livingston Responds to Alliance Letter

“The so-called ‘Prosecutors Alliance’ committee is made up of only four of the 58 DAs in the state,” Livingston responded. “Contra Costa is not San Francisco or Los Angeles where two of their far-leftwing founding members serve. Instead of playing politics here, they should do their job and prosecute offenders and start caring about crime victims for once.”

Both Livingston is facing one opponent in the June Primary Election, while Becton is facing two. If no candidate receives a majority of the vote, then the top two candidates will face off in the November General Election.

Please check back for any updates to this report.

 

West County: Pick-n-Pull auto dismantlers to pay $2.5 million for environmental violations

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Contra Costa, 13 other DA’s agree to settlement

“Pick-n-Pull promptly implemented improved training procedures and practices relating to their hazardous waste disposal.” – Contra Costa DA Diana Becton

By Bobbi Mauler, Executive Assistant to the District Attorney, Contra Costa County

Martinez, CA – Contra Costa County District Attorney Diana Becton announced today, Friday, March 11, 2022, that together with 13 other California district attorneys have agreed to a $2.5 million dollar settlement with Pick-n-Pull over the company’s illegal disposal of hazardous waste and stormwater pollution issues.

Pick-n-Pull operates 21 locations in Northern California, including in Richmond, and is a subsidiary of Schnitzer Steel, Inc. The company buys end-of-life vehicles, sells their parts, and recycles the remaining steel.

According to their website, “established in 1987, the Pick-n-Pull chain of self-service auto parts stores is one of the largest recyclers of end-of-life vehicles in the industry. You bring your tools, pull the parts you need and SAVE lots of money! Pick-n-Pull opened their first store in Stockton, CA in 1984 and has since grown to 46 U.S. and 4 Canadian locations.

Contra Costa County joined forces with Santa Clara, San Joaquin, Sacramento, Alameda, and Solano counties to do a series of unannounced waste inspections. The investigation revealed that Pick-n-Pull facilities routinely and illegally disposed of automobile fluids, aerosols, batteries, and electronic devices.

“It is a priority to protect our environment and especially our water ways from harmful pollutants,” said DA Becton. “When contacted by prosecutors, Pick-n-Pull promptly implemented improved training procedures and practices relating to their hazardous waste disposal.”

The judgment provides for $1,850,000 in civil penalties, $350,000 in costs of enforcement, injunctive provisions requiring the implementation of compliance assurance measures as well as $350,000 to environmental projects, which includes the Contra Costa County Fish and Wildlife Propagation Fund.

Contra Costa, 15 other DA’s reach $800K settlement with online auto auction company Copart Inc. for environmental violations

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By Bobbi Mauler, Executive Assistant to the District Attorney, Contra Costa County

Contra Costa County District Attorney Diana Becton announced Monday, Feb. 28 that the Contra Costa DA’s Office, together with 16 other California District Attorneys and City Attorneys, have reached a settlement with Copart for injunctive relief, civil penalties, and enforcement costs totaling $800,000.  According to their website Copart, founded in Vallejo in 1982 and now headquartered in Dallas, “is a global leader in 100% online car auctions featuring used, wholesale and repairable vehicles.”

After an investigation into the waste management practices of Copart, the Contra Costa County District Attorney’s Office, along with 16 other California district attorney and city attorney offices filed a civil complaint alleging Copart disposed of hazardous waste items into the trash. The items disposed of consisted of used office supplies, and items removed from vehicles being prepared for sale such as personal items, small electronics, personal care, automotive, and other consumer products.  These practices ultimately lead to hazardous waste being improperly transported to and disposed of in municipal landfills instead of authorized hazardous waste disposal facilities.

“Corporations must be held accountable for conduct that poses a harm to the environment,” said DA Becton. “Copart was cooperative with the investigation and enhanced their existing training programs designed to properly manage and dispose of all items that are regulated as hazardous waste.”

The judgment agreed to by the parties provides for $650,000 in civil penalties, $150,000 in costs of enforcement and a permanent injunction prohibiting Copart from violating hazardous waste laws and requiring Copart to implement compliance assurance measures. 

 

Former Contra Costa Deputy Sheriff sentenced to six years in prison for 2018 shooting death of suspect

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Danville Police Officer Andrew Hall shoots Laudemer Arboleda on November 3, 2018. Screenshot of critical incident video.

While serving as a Danville Police Officer, following police pursuit in downtown Danville

By Allen D. Payton

On Friday, March 4, 2022, the Contra Costa District Attorney’s Office announced former Contra Costa Deputy Sheriff Andrew Hall was sentenced to six years in state prison for assault with a firearm and inflicting great bodily injury upon Laudemer Aboleda in downtown Danville on November 3, 2018. The incident occurred following a police pursuit of Aboleda. Hall was charged by Contra Costa District Attorney Diana Becton in April 2021. (See related articles here and here)

Hall was convicted last October and could have faced up to 22 years in prison, but the jury did not convict him of the more serious charge of felony voluntary manslaughter. (See related article)

While serving as a Danville Police Officer, according to the DA, “as found by the jury, Hall, unreasonably shot Laudemer Aboleda. This sentence is reflective of the gravity of the crime Deputy Hall committed. Deputy’s Hall’s actions were dangerous, unreasonable, and excessive. In sentencing the defendant to prison, the Court recognized the need for accountability in Deputy Hall’s decision to fire multiple times at Laudemer Aboleda, taking his life.” (See related article and incident video)

“No sentence imposed will bring Laudemer Aboleda back to his family,” the DA’s announcement continues. “The sentence imposed today is proportionate to the egregious shooting committed by a law enforcement officer who took the life of one man, and in doing so endangered the lives of his fellow officers and civilians. We respect the ruling of the judge and extend our condolences to the family of Laudemer Arboleda.”

When reached for comment, Sheriff’s Office Director of Public Affairs Jimmy Lee offered the following statement:

“The Contra Costa County Office of the Sheriff is aware that Andrew Hall was sentenced today and later remanded into custody. Hall will be booked and transported to Solano County jail; details on where he will serve any remaining time of his sentence will be disclosed when available. Due to state law requirements about felony convictions, the Sheriff’s Office had no choice but to serve Hall with a notice for termination. That was done immediately after sentencing.”

Highlighting her efforts to transform department Becton launches re-election campaign for Contra Costa DA

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Will have to defend controversial policies as one of nation’s Soros-backed district attorneys; faces two challengers, including career prosecutor

Contra Costa District Attorney Diana Becton from her 2022 re-election campaign website.

By Allen D. Payton

In a press release issued Monday and received by the Herald on Tuesday, Contra Costa County District Attorney Diana Becton announced her campaign for re-election in the June 7th Primary Election.

On February 12, 2022, at the U.A. 342 Union Hall in Concord, state and county elected and labor leaders joined more than 150 community members as Becton kicked off her campaign.

“Four years ago, Contra Costa voters elected me as your district attorney with overwhelming, majority support,” said DA Becton. “In these challenging times, feeling safe in our homes and our communities is what we all deserve. I am proud to say I have worked hard to deliver safety, justice and progress for the people of Contra Costa County. I am running for re-election to continue the important work of making our communities safer and our system more fair for everyone, and I thank the people of Contra Costa County for their support.”

The press release claims, since taking office, DA Becton has kept her promise to make real and lasting change, transforming the District Attorney’s Office into one that works for everyone in Contra Costa County and delivering justice for victims. She has worked to support victims, focus resources on violent crime and reduce mass incarceration. Under her leadership, the District Attorney’s Office also has developed and enhanced diversion programs and encouraged treatment for those who suffer from mental illness and drug addiction. She is also advancing youth justice by establishing a juvenile diversion pre-filing program and creating the Reimagine Youth Justice Task Force to recommend alternatives to prison for young people.

During her tenure 51 veteran deputy DA’s have left the department for one reason or another, and 40 rookie deputies were hired following their graduation from law school. No lateral hires of veteran prosecutors from other agencies to fill the vacancies have occurred.

“My priority has always been serving the people of Contra Costa and making our voices heard on issues that matter most,” said Congressman Mark DeSaulnier (CA-11). “When it comes to the safety of our families and our communities, there is no one who will work harder than District Attorney Diana Becton. Her proven leadership has led to tremendous progress to help keep our communities safe and our system more fair and equitable. I’m proud to support her campaign.”

Among her other accomplishments, District Attorney Becton:

  • Co-leads the FBI Safe Streets Task Force that coordinates the resources of federal, state and local law enforcement on violent crime.
  • Continues to file felony charges in organized retail theft incidents in Walnut Creek, coordinating with law enforcement partners throughout the Bay Area.
  • Eliminated backlog of untested sexual assault kits and established the county’s first Human Trafficking Unit.
  • Established Cold Case Homicide Unit to pursue justice for the victims and families of unsolved murders.
  • Joined Code for America initiative to dismiss thousands of old marijuana convictions, which disproportionately affect people of color in the community.
  • Piloted the California County Resentencing Program to address excessive sentencing.
  • Partnered with The Vera Institute of Justice (VERA) on data analysis to uncover and address bias in the disposition of criminal cases. (See related article)
  • Strengthened the internal investigative procedures associated with the investigation of officer-involved shootings and banned use of carotid hold by DA office investigators. (See related article)
  • Successfully held a local steel company accountable for dumping toxic waste in the community. The local steel company was forced to pay a $4 million fine. (See related article)

“District Attorney Diana Becton has made lasting changes in her efforts to transform and reimagine the DA’s office into one that works for everyone,” said BART Board Director Lateefah Simon, who represents District 7 which includes portions of West County. “We need a leader who is prioritizing safety for our communities while staying resolute in working to reduce mass incarceration’s harm on Black communities and communities of color. I thank her for her courage and historic leadership.”

As part of that transformation and efforts to “reimagine the DA’s office”, Becton has taken controversial positions on various issues during her term in office, including supporting banning campaign contributions for DA candidates from police officer unions. (See related articles here and here)

She has also issued controversial policies for her department. In 2020 Becton issued a policy requiring prosecutors consider the reason for looting during a state of emergency before charging suspects with a crime. (See related article)

Then in late 2020, she announced a policy that prevents her department from prosecuting certain first-time criminals including drug offenders arrested with small amounts or for other crimes such as shoplifting, petty theft, disorderly conduct. (See related article)

In addition, in an effort to fulfill a campaign promise from 2018, in December, Becton announced a new Neighborhood Restorative Partnership program, a voluntary, neighborhood-focused, adult diversion, restorative justice initiative addressing root causes of criminal behavior, reducing recidivism, enhancing community relationships, and promoting public safety and quality of life. She put her office’s Assistant Investigator/Facility K9 Handler in charge of the program, who said in December, the procedures, guidelines, and logistics are still under development. As of Wednesday, Feb. 16, a group of volunteers was interviewed and selected to participate, but the program has not yet launched. (See related article)

Appointed by the Board of Supervisors, Becton took office in 2017 as the first woman and first African-American District Attorney in the County’s 167-year history “with overwhelming countywide and community support” her campaign press release stated. She was then elected in 2018 as one of several left-leaning, progressive DA’s in the nation backed by billionaire George Soros in an effort to reshape America’s criminal justice system. According to a report by RepublicBroadcasting.org, Becton was “backed by $275,000 from Soros in 2018,” and is “one of the first in the position to have zero prior experience as a prosecutor. During Becton’s first years in office four Contra Costa cities (Richmond, Antioch, Pittsburg and Concord) made the list of the top 100 most dangerous cities in California in 2018, and both violent crime and property crime increased by several percent during 2019.”

Becton married a Richmond minister in summer 2020 and caused controversy by hosting the wedding and reception in her back yard violation of COVID-19 orders. She was chastised by the Board of Supervisors for her actions. (See related articles here, here and here).

Becton is currently the only African-American District Attorney in California. According to the Contra Costa Elections office, as of Tuesday, Feb. 15, she faces two challengers in the race, including criminal defense attorney Lawrence Strauss, who placed a distant third in the 2018 election, and veteran Contra Costa Deputy DA Mary Knox. Read more about DA Becton at www.dianabecton.com.

Candidate filing period for June 7 Primary Election begins Monday

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For county DA, sheriff, supervisor, Superior Court judges and other offices, U.S. Senate, Congress, governor and other statewide offices, and State Assembly

By Dawn Kruger, Civic Outreach/Engagement Specialist, Contra Costa County Clerk-Recorder-Elections Department

On Monday, February 14, the June 7, 2022, Candidate Filing Period will begin, and nomination papers will be available for candidates running for Statewide Constitutional offices, County offices, Superior Court judges, United States Senator, United States Representative in Congress and Member of the State Assembly. The nomination period runs through 5:00 pm Friday, March 11, 2022.  A list of offices currently up for election can be found here: https://www.cocovote.us/wp-content/uploads/22Jun07_PositionsUpForElection-1.pdf

Papers for offices that are up for election will be available at the Contra Costa Elections Office, 555 Escobar Street, Martinez.

For further information on the primary election and key dates, visit www.cocovote.us.

With COVID-19 still in play, the Contra Costa Elections Division is asking interested candidates to schedule an appointment through email at candidate.services@vote.cccounty.us or by calling 925-335-7800. Walk-ins are accepted, but subject to the availability of staff. Appointments are available on weekdays from 8:30 am to 4:30 pm. Filing documents and information will be provided to interested constituents at their appointment. The process takes 20 minutes.

All visitors will be asked to check-in at the Elections lobby and will be required to wear a mask and observe social distancing guidelines.

Contra Costa DA announces restorative justice program U.S. DOJ found to be moderately effective or worse

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By Allen Payton

The Contra Costa District Attorney’s Office announced, last Friday, their new Neighborhood Restorative Partnership program. It is a voluntary, neighborhood-focused, restorative justice initiative addressing root causes of criminal behavior, reducing recidivism, enhancing community relationships, and promoting public safety and quality of life. The NRP is a program in which eligible individuals are given an opportunity to take responsibility and repair the harm they caused through a community-based process, instead of a courtroom.

This program is:

  • A community-based pre-filing program.
  • A program designed to give individuals an opportunity to take responsibility and repair harm they cause.
  • And will consist of community volunteers trained as panelists to find solutions that help address the harm caused by these offenders and by focusing on restoring all who have been impacted.

U.S. DOJ Study Found “Moderate” and Lower Program Results

A U.S. Department of Justice Office of Justice Programs study, published in 2017, that “systematically reviewed all available research that, at a minimum, compared participants in a restorative justice program to participants processed traditionally by the juvenile justice system”, found that such programs had a “moderate reduction in future delinquent behavior” and the “results were smaller for the more credible random assignment studies”.

“Abstract – The distinctive feature of restorative justice programs is the objective of addressing the causes of the offender’s delinquent behavior while remedying the harms caused to the victims. A fundamental component of restorative justice programs is some form of dialog or interaction between the offender and the victim or a victim surrogate, with some programs extending participation to family and community members. Examples of restorative justice programs include victim-offender mediation, family group conferencing, and sentencing circles. Also, some routine practices of the juvenile justice system such as restitution are consistent with restorative justice principles, and some programs incorporate some aspect of the framework, such as teen courts. This systematic meta-analysis of evaluation research on restorative justice programs identified 99 publications, both published and unpublished, reporting on the results of 84 evaluations nested within the 60 unique research projects or studies. From these studies, the meta-analysis extracted results related to delinquency, non-delinquency, and outcomes for the youth and victims participating in these programs. Overall, the evaluations of restorative justice programs and practices showed a moderate reduction in future delinquent behavior relative to more traditional juvenile court processing; however, these results were smaller for the more credible random assignment studies, which raises concerns about the robustness of this overall result. Additional high-quality research of such programs is warranted, given the promising but uncertain findings. 14 tables, 30 figures, and search notes”

Questions for DA Becton & Program Coordinator

Both District Attorney Diana Becton and program coordinator and Janet Era, Assistant Investigator/Facility K9 Handler with the DA’s office, were asked the following questions about the program on Monday:

Do you have more details about the Neighborhood Restorative Partnership that you can share?

How will the community-based process work? Is it just for juveniles or adults, too?

How many panelists per neighborhood panel? When and where will the panels meet?

How can you assure an individual that is the focus of the effort will actually attend their meeting with the neighborhood panel?

What percentage of individuals assigned to such programs actually show up for their neighborhood panel meeting? If they do, what are the kinds of assignments that can be ordered by the panel for the individual to “to take responsibility and repair the harm they caused”? Who provides the enforcement to ensure the assignment is completed?

Are the assignments based on a negotiated agreement with the individual and victims?

What if there are costs involved to repair the harm they caused will the individual be required to pay those costs? What if they can’t afford to do that, will the costs be paid for by the program?

Once the assignment is completed, what happens next? Is their record expunged?

How much will the program cost?

Finally, are you aware of the US DOJ study published in 2017 showing such programs for juveniles have a moderate impact or less?

Program Coordinator Responds

In an email response received, today, Era wrote, “The Neighborhood Restorative Justice Partnership (NRP) is an adult diversion program. NRP provides an opportunity for the participant to resolve their case in the community as opposed to a courtroom, by utilizing restorative justice practices. Offenders are given an opportunity to take responsibility and repair the harm they caused through a community-based resolution process.

NRP provides an opportunity for the victim to be heard and for the community to participate in the resolution process. We anticipate three panelists per panel. Eligible cases are diverted by the District Attorney’s Office into the NRP program. While participation is voluntary, participants must be willing to take accountability for their actions that caused the harm. Each case is unique; therefore, panelists will prepare individualized obligation plans for each participant.

Upon successful completion of the program, criminal charges will not be filed. NRP will track recidivism of the participants who complete the program for a period of 24 months. We have shadowed other agencies in other counties, including Yolo County, Los Angeles City Attorney, and San Francisco County. These counties have published a high rate of success at reducing recidivism. If the individual does not complete the program, criminal charges will be filed by the District Attorney’s office.

The procedures, guidelines, and logistics for the Neighborhood Restorative Justice Partnership are still under development. Participation is voluntary and confidential. There are no program fees, however there may be costs associated with repairing the harm caused by the individual.”

Program Contact Information

If interested in becoming a panelist with the Contra Costa County District Attorney’s Office please complete an application and send to:

Contra Costa County District Attorney’s Office

Attn: Janet Era, Assistant Investigator/Facility K9 Handler

Neighborhood Restorative Partnership

900 Ward Street, 2nd Floor

Martinez, CA 94553

DA-NRP@contracostada.org

Click on this link for a copy of Application

Click on this link to view NRP Flyer

Contra Costa DA charges woman who struck and killed Lafayette crossing guard in September

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The Contra Costa County Office of the District Attorney has filed charges against Phyllis Meehan pursuant to Vehicle Code Section 192(c)(1) in the death of Stanley Middle School crossing guard, Ashley Steven Dias, age 45.

“This tragic incident has impacted an entire community,” said District Attorney Diana Becton. “The loss of Ashley Dias is a solemn reminder that drivers must exercise caution and care when children and pedestrians are present.”

September 8, 2021, Phyllis Meehan, 78 years old, was picking up her grandson from the Lafayette Middle School when she collided with a vehicle and proceeded to accelerate into a crosswalk. Witnesses observed Mr. Dias pushed a student out of the path of the GMC Yukon before the crossing guard was fatally struck by the driver. The student suffered significant scrapes and bruises. Mr. Dias succumbed to his injuries later that afternoon.

According to the Lafayette Police Department, “At 3:00pm today (9/8/21) on School Street at Paradise Court a vehicle struck one adult and one child, the child had minor injuries and the adult was transported to the hospital.”

ABC7 News reported the child will survive, and that the driver remained at the scene and cooperated with police.

An arraignment date has yet to be scheduled. The copy of the complaint and charges can be viewed, here:

Case information: Docket Number 01-197752-9

Allen Payton contributed to this report.