Contra Costa Herald

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

Contra Costa, 22 other DA’s reach settlement with gas station owner for underground storage tank environmental violations

By 1 Comment

Gas station underground storage tank diagram. Source: EPA

$1.1 million in civil penalties; 113 tanks statewide, seven in Contra Costa County

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

Contra Costa County District Attorney Diana Becton announced today that the Contra Costa County District Attorney’s Office, together with 22 other California District Attorneys and City Attorneys, have reached a settlement with the Orange, California-based Hassan & Sons, Inc., H&S Energy, LLC and H&S Energy Products, LLC (formerly known as Colonial Energy, LLC),  (collectively referred to as “H&S Energy”) over allegations that the companies violated state laws regarding the operation and maintenance of motor vehicle fuel underground storage tanks (“USTs”). The settlement includes $1,100,000 in civil penalties, and investigative costs. H&S Energy has 113 fueling stations in California, of which, seven locations are in Contra Costa County. The settlement follows an investigation by local environmental health agencies of H&S Energy stations’ non-compliance with many provisions of the UST regulations.

The companies, started in 1996, have built and acquired gasoline and convenience stores throughout the state under the Chevron, Texaco, Shell, Extra Mile, and their own, Power Market brand, including locations in Bay Point, Brentwood, Oakley, Pittsburg and Martinez.

“UST owners and operators must comply with the applicable regulations in order to prevent potential harm to the environment,” said D.A. Becton. “H&S Energy was cooperative with the People’s investigation and expended significant resources in order to bring their stations into compliance.”

Under the settlement, which includes a Final Judgment and Permanent Injunction entered in Solano County Superior Court Case No. FCS057332 by the Honorable E. Bradley Nelson, H&S Energy must implement certain compliance assurance programs including hiring an environmental compliance manager and bi-annual environmental audits and reports submitted to the People. In addition, H&S Energy must pay $900,000 in civil penalties and $200,000 in costs. $550,000 is due within five days after entry of judgment, and the remaining $550,000 is due October 22, 2022.

Allen Payton contributed to this report.

 

Contra Costa DA files charges of misdemeanor Vehicular Manslaughter for death of Lafayette cyclist

By Leave a Comment

Joe Shami with his bicycle at the Mt. Diablo summit. Source: MountDiabloCyclists.org

Victim was known as the “Legend of Mount Diablo” for his 600 rides to the top of the peak

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

The Contra Costa District Attorney’s Office has charged Lori Everett with a misdemeanor Vehicular Manslaughter in violation of Penal Code section 192(c)(2), for striking cyclist Joseph Shami with her vehicle in Lafayette on April 13, 2021, shortly before 7:00 AM.

Shami was an incredibly experienced cyclist who lawfully entered the roundabout at the interchange of Olympic Boulevard and Pleasant Hill Road. Despite Shami’s bright helmet and colorful clothing, the motorist failed to yield, and struck the victim cyclist who was in an established lane of travel.

According to Lafayette Police news release reported previously, “a nurse and a doctor from John Muir Medical Center and a firefighter from the San Ramon Valley Fire Protection District, who happened to pass by, immediately began to render aid to the bicyclist. Officers arrived on scene along with the fire department which took over medical care for the victim. The bicyclist was transported to a local hospital where he succumbed to his injuries and died overnight.” (See related article)

Shami, a retired AT&T engineer, was known as the “Legend of Mount Diablo” for riding to the top of the East Bay’s tallest peak for 600 straight weeks, according to the San Francisco Chronicle. He completed his 11-year, 28-week streak in 2019 at the age of 85. Shami was a member of the Mount Diablo Cyclists.

Tragic roadway deaths like this are avoidable. To ensure the safety of our community, the Office of the District Attorney implores motorists to be active, attentive drivers and to be mindful of pedestrians and cyclists when sharing the roadways.

Case information: DKT# 01-197626-5

 

Three young Pittsburg men arrested, charged for armed robberies in five Contra Costa communities

By 3 Comments

Source: APD

Robbed 25 businesses, their employees and customers

By Detective Thomas Smith, Antioch Police Department

In August of 2021, the cities of Antioch, Pittsburg, Concord, Brentwood, Bay Point, and Clayton began experiencing a rash of armed robberies. Over approximately 90 days, an estimated twenty-five robberies occurred throughout the county. The responsible subjects were described as Hispanic males in their late teens or early twenties, with masks covering their faces. It was determined by investigators from each agency that the robberies were related, and they were able to establish several viable leads to identify the responsible parties.

On November 3rd, 2021, an armed robbery occurred in the city of Concord. Investigators from the Concord Police Department notified the other involved agencies, and the suspect vehicle was located and stopped in the city of Bay Point. All three occupants were residents of Pittsburg, CA, and were suspected of being responsible for the series of robberies in Contra Costa County. Evidence of the robbery(ies) was located inside the vehicle, and all three suspects were taken into custody.

Following their apprehension, investigators from the Pittsburg, Antioch and Concord Police Departments served several residential search warrants in the city of Pittsburg. During the searches, evidence linking the suspects to the robberies was located. On Friday, November 5th the cases were presented to the Contra Costa County District Attorney’s Office. The District Attorney’s Office reviewed the cases and filed felony charges with enhancements, on 18-year-old Samuel Banales-Melena, 20-year-old Jonathan Medina-Flores, and 18-year-old Rogelio Medina-Flores for their participation in the robberies.

This case was successful due to the collaboration of the law enforcement agencies involved in the investigation. This investigation weighed heavily on the implementation and use of technology, to include license plate reading cameras in the City of Antioch and other technological surveillance efforts. The Antioch Police Department would like to thank the Pittsburg Police Department for taking lead on the investigation, as well as the Concord Police Department for their diligent efforts in apprehending the suspects in these cases, bringing a violent crime spree to an end. As always, the investigation is on-going. If you have any information regarding these robberies, please contact the Antioch Police Department at your earliest convenience.

Anonymous tips or information about this – or any other incident – can be sent via text to 274637 (CRIMES) with the keyword ANTIOCH.

Jury convicts Pleasant Hill man for aggravated possession of child pornography, attempting to destroy evidence

By Leave a Comment

Investigation conducted by multi-agency Contra Costa County Internet Crimes Against Children Task Force

By Scott Alonzo, Public Information Officer, Contra Costa County Office of the District Attorney

On Tuesday October 26, 2021, after a six-day trial, a jury in Contra Costa County found 30-year-old Pleasant Hill resident Won Kwak guilty of aggravated possession of child pornography and attempting to destroy evidence. 

The jury found that on November 24, 2020, Kwak knowingly possessed over 600 images of child sexual abuse material, depicting pre-pubescent children engaged in sexually explicit conduct. The jury also found Kwak attempted to destroy evidence on his laptop computer when he deleted thousands of sexually explicit files as officers served a search warrant at his residence.

On November 24, 2020, members of the Contra Costa County Internet Crimes Against Children Task Force served a search warrant at Kwak’s residence after it was discovered someone at the residence was making child pornography files available for sharing on the internet. When officers knocked on the front door, Kwak looked through the blinds, saw the police officers, and then went to his computer and began deleting files of child pornography. Concord Detective Daren Billington, a digital forensics expert, was able to recover many of those files and demonstrate to the jury exactly what Kwak did to delete them.

Kwak’s sentencing is scheduled for January 7, 2022, in front of the Honorable Joni T. Hiramoto. Kwak faces a maximum penalty of five years in state prison. The case was prosecuted by Deputy District Attorney Max Laettner with the Interpersonal Violence Division.

This investigation was conducted by the multi-agency Internet Crimes Against Children Task Force, which is managed by the San Jose Police Department. In Contra Costa County, detectives and investigators from the Walnut Creek, Martinez, Danville, Pleasant Hill, 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.

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 information: People v. Kwak, Docket Number 01-195765-3

 

Danville police officer convicted for shooting death of man during 2018 car chase

By 2 Comments

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

Faced up to 22 years in state prison; DA Becton touts conviction on her re-election campaign social media, Sheriff Livingston asks her to remove it

By Allen Payton

A Danville police officer was convicted Tuesday of assault with a firearm in the shooting death of a 32-year-old man during a car chase on Nov. 3, 2018. But the jury did not convict him of the more serious charge of felony voluntary manslaughter. Officer Andrew Hall was accused of shooting and killing Laudemer Arboleda, of Newark, as he drove his car between two police cars. (See critical incident video)

According to the initial report from the Contra Costa Sheriff’s Office, at the intersection of Front Street and Diablo Road in Danville, Arboleda attempted to run over Hall, who fired his weapon at the vehicle. Officer Hall shot at Arboleda, a Black man, and struck him nine times during the slow-moving vehicle pursuit. (See related articles here, here, here and here)

However, it wasn’t until April 21, 2021 that Contra Costa District Attorney Diana Becton filed charges against Hall, the same day the video was released of him shooting another suspect, Tyrell Wilson, also Black, who was first accused of throwing rocks onto I-680, then held a knife in his hands and advanced toward Hall, on March 11, 2021. Wilson died a week later at an area hospital. (See related articles here, here and here).

Becton issued the following statement regarding the guilty verdict:

“Today’s guilty verdict holds accountable defendant Andrew Hall for his excessive use of force in the fatal shooting of Laudemer Arboleda. Deputy Hall’s actions were not only a crime, but they tarnished the badge and they harmed the reputation of all the good, hard working police officers that work for our community. My Office extends our condolences to the family of Mr. Arboleda. With regards to the voluntary manslaughter count, we will take the matter under review to determine the appropriate next steps.”

The Danville Police Department is a contract agency with the Contra Costa County Sheriff’s Office. Sheriff David Livingston also issued a statement following the trial.

“Although I wish the jury had returned a not-guilty verdict on all counts, I respect their service. We ask our officers to make split-second decisions and many of the jurors understood that,” said Livingston. “I urge DA Becton not to retry this case. I also urge her to take down the posts on her reelection campaign social media where she touts this prosecution.”

Hall could have faced 22 years in state prison if convicted on both charges.

Case information: People v. Andrew Albert Hall, Docket 01-195930-3

Concord man sentenced to nine years in prison for attempted murder of elderly victim in dog park

By Leave a Comment

Has history of arrests

By Scott Alonso, Public Information Officer, Contra Costa County Office of the District Attorney

On October 22, Noah M. Harris, born July 23, 1979, was sentenced to nine years in state prison for the attempted murder of a victim at a dog park. Harris used a box cutter to slice the neck of the victim as they were engaged in a verbal dispute. Harris was sentenced by the Honorable Terri Mockler.

On May 27, 2021, Harris threw a rock at the victim’s car as the victim drove in a Concord dog park. Harris was seen blocking the road in the dog park. The victim and Harris exchanged words after the rock was thrown. Harris approached the victim in his Toyota Prius and threatened the victim’s life five times. Harris yelled at the victim, “Do you want to die today?” A witness to the attack said that Harris also tried to spit on the victim.

He was on probation at the time and was arrested by Concord police for 1203.2(A) – Revocation Of Probation, 245(A)(1) – Assault w/Deadly Weapon Or Assault w/Force Likely To Produce GBI,  and 368(B)(1) – Elder Or Dependent Adult Abuse.

In September, a Contra Costa County jury found Harris guilty of five felonies related to this attack, including attempted murder, elder abuse and causing great bodily injury. The case was investigated by the Concord Police Department. Deputy District Attorney Lindsey Williams prosecuted the case on behalf of the People.

Case information: People v. Harris, Docket Number 01-196158-0

According to localcrimenews.com, Harris was also arrested by Concord police in 2015 for 602(L) trespassing, in 2018, also in Concord, for an outstanding warrant and in 2020 by Martinez police for 243(A) battery.

Allen Payton contributed to this report.

Two cases filed against seven defendants following F.B.I. Safe Streets Task Force operations in Richmond, San Pablo

By 2 Comments

Three from Contra Costa

By Scott Alonso, Public Information Officer, Contra Costa County Office of the District Attorney

The F.B.I. Safe Streets Task Force in recent months conducted successful enforcement operations due to recent violence in Richmond and San Pablo, which resulted in two criminal cases filed by the Contra Costa County District Attorney’s Office. The DA’s Office worked closely with members of the Task Force, as well as the Richmond Police Department and the San Pablo Police Department, to investigate and prevent illegal activity by suspected gang members in the Richmond area.

On September 21, 2021, three defendants, Rohnell Robinson of Fairfield, Jamel Brown of Vallejo and Levi Dossman Mitchell of Oakland, engaged in an alleged conspiracy as Deep C gang members, to murder a rival gang member in Richmond. The defendants traveled from Fairfield to Richmond to commit the crime. When the defendants were arrested, five firearms were found in their car, including an illegal assault rifle with 100-round ammunition drum magazine.

The defendants will be arraigned before a judge on October 28. The criminal complaint against these defendants contains nine felony counts.

On July 1, 2021, Namari Flentroy attempted to kill a victim in his car on San Pablo Dam Road in San Pablo. Two defendants drove their car to try to block surveillance cameras from Contra Costa County to Solano County to aid Flentroy in attempting to conceal the car after the shooting. In total, three defendants were charged as accessory after the fact due to the assistance each defendant gave to Flentroy, who was charged with attempted murder. The following defendants in the July case have all pleaded not guilty to the alleged criminal complaint:

  • Namari Flentroy of El Sobrante
  • Hasan McCaulie of Vallejo
  • Shatiya Henderson of Martinez
  • Teanna Pointer of San Pablo

Both cases are prosecuted under our Office’s Community Violence Reduction Unit and in coordination with the Task Force.

Case information: People v. Mitchell et al, Docket Number 02-335187-1; People v. Flentroy, et al, Docket Number 02-335190-5.

Former Pinole Police officer charged for unlawful recording of sexual encounter with woman

By Leave a Comment

By Scott Alonzo, PIO, Contra Costa District Attorney

Former Pinole officer Anthony Vasquez during his oath of office ceremony in 2018. Source: Pinole PD

Former Pinole Police Officer Anthony Vasquez, a 24-year-old resident of Hercules, was charged by the District Attorney’s Office with one felony and one misdemeanor for the unlawful video recording of Jane Doe while he was having sex with her. The alleged violations occurred while Vasquez was employed by the City of Pinole. Vasquez has since resigned from the Pinole Police Department. Complaint Vasquez 09-27-21

Due to the sexual nature of this criminal complaint, our Office will not name the victim involved or describe her in any way. Vasquez recorded the victim without her consent. The defendant had a hidden camera in his bedroom at his home in Hercules that was used for this recording.

Our Office believes there are other potential victims related to Vasquez’s alleged conduct. Anyone with information regarding this investigation please call the DA’s Office, specifically Senior Inspector Steven Cheatham at 925-957-8761.

The case was referred to our Office to conduct a criminal investigation by the Pinole Police Department under the Contra Costa County Law Enforcement Involved Fatal Incident protocol. Pinole Police Department was contacted by a concerned individual about the incidents.

Case information: People v. Anthony Luciano Vasquez, Docket Number 02-335189-7

Officer-involved shooting public report: Richmond Police Officers lawfully shot man in 2019 

By Leave a Comment

Luc Toan Chanh Ciel

By Scott Alonso, PIO, Contra Costa County Office of the District Attorney

The Contra Costa County District Attorney’s Office has concluded Richmond Police Department officers lawfully shot and killed Luc Toan Chanh Ciel in 2019. The DA’s Office released a public report about the shooting today. No charges will be filed against the officers and the Office’s criminal investigation has been concluded. The facts show that the officers had probable cause to believe that Ciel posed a significant threat of death or great bodily injury, not only to himself, but to his family. (See related article)

On April 11, 2019, at approximately 2:33 a.m., multiple Richmond officers arrived at a residence due to an urgent 911 call. Ciel broke into the residence and had weapons, including two knives, with him as he stabbed and attempted to kill three family members.

Officers arrived at the scene and entered the residence from different locations. Officer Danielle Evans and Officer Jeffrey Tyner entered from the rear of the building. They noticed broken glass on the ground and could hear yelling from inside the house. The officers found one victim with blood on her face in the first room they entered.

Officer Tyner proceeded to continue inside the house and saw Ciel with a knife standing over another victim. Ciel was in the process of attempting to stab this victim. Officer Tyner commanded Ciel to step away from the victim and drop his knife. Ciel refused to listen to the officer’s commands. Officer Tyner in turn fired his weapon three times. Officer Evans saw Ciel continue to stand up after he was hit and turned towards the officers. Officer Evans then fired her weapon once.

Officer Terrance Jackson was also inside the residence and observed Tyner and Evans engaging with Ciel. Officer Jackson fired his weapon once after Ciel turned towards his fellow officers. Officer Jackson’s shot occurred simultaneously to Officer Evans’ shot.

Officers located numerous black flex ties in Ciel’s pocket. There was also another knife in the hallway near his body. He had a knife sheath on his belt. Ciel was pronounced deceased at the scene. An autopsy performed by the Contra Costa County Coroner’s Office found Ciel suffered four gunshot wounds and one stab wound. A toxicology report was negative for the presence of any substance.

The DA’s Office and every law enforcement agency in Contra Costa County has adopted the Law Enforcement Involved Fatal Incidents Protocol (“the Protocol”) to investigate incidents when officers or civilians are shot or die during an encounter with law enforcement. Under the Protocol, the DA’s Office investigates all officer-involved shootings in Contra Costa County for the purpose of making an independent determination of criminal liability. The sole purpose of the District Attorney’s investigation is to determine if there is proof beyond a reasonable doubt that a crime was committed during a fatal encounter with law enforcement.

The OIS public report is available on our website.

Settlement reached with Ulta Beauty stores for hazardous waste violations

By Leave a Comment

$752,000 in civil penalties

By Scott Alonso, PIO, Contra Costa County Office of the District Attorney

Contra Costa County District Attorney Diana Becton announced today that the Contra Costa County District Attorney’s Office, together with 33 other California District Attorneys and City Attorneys, have reached a settlement for violations of hazardous waste regulations with Ulta Beauty, Inc., Ulta Salon, Cosmetics & Fragrance, Inc., Ulta, Inc., and Possibilities AB, Inc., (collectively referred to as “Ulta”) that includes $752,000 of civil penalties, supplemental environmental projects, and costs. Ulta has five stores in Contra Costa County and 161 facilities overall in California. The settlement follows an investigation of Ulta stores’ improper storage, handling, and disposal of hazardous and other regulated waste and inadequate employee training.

Ulta stores in Contra Costa County are located in Brentwood, Concord, Pinole Pleasant Hill and San Ramon.

“Companies must be held responsible for business practices that pose a harm to the environment.,” said DA Becton. “Ulta was cooperative throughout the investigation and in correcting the issues.”

In fact, Ulta stores in California have adopted and implemented new policies and procedures and enhanced existing training programs designed to properly manage and dispose of hazardous waste products, other regulated waste, and confidential customer consumer information.

Under the settlement, which includes a Final Judgment and Permanent Injunction entered in Solano County Superior Court Case No. FCS057080, by the Honorable Alesia Jones, the corporations must pay $439,500 in civil penalties, $250,000 in costs and $62,500 in supplemental environmental projects. Defendants must also implement certain compliance assurance programs.