Contra Costa Herald

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

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

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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

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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

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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

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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

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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 

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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

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$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.

Richmond man Sentenced to 27 years in prison for 2018 first degree residential robbery in Brentwood

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Convicted felon with a two-decade history of violence, weapons violations, theft, attempted murder and resisting arrest.

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

Last week, defendant Paul Simmons (Muscat) of Richmond was sentenced to 27 years in state prison by the Honorable John Cope for the first degree, residential robbery of a female victim. On August 12, 2021, a Contra Costa County jury found Simmons guilty as charged for two felonies. The second felony was first degree burglary with a person present– both offenses were committed in 2018. The jury also found true the enhancements listed in the first charge against Simmons, use of a firearm. (See related article)

“What the victim experienced that morning is anyone’s worst nightmare—the defendant put her behind the barrel of a handgun, in her own bedroom, just feet away from her one- and three-year-old daughters. The evidence was overwhelming—after once trying to take the life of victim’s husband, the defendant tracked her down, invaded her home, and forever robbed her family of their sense of safety. The victim’s bravery, the first-rate investigation by Brentwood and Livermore PD, the jury’s verdict, and the Court’s well-reasoned sentence may finally help this family begin to feel safe again in their own home,” Deputy District Attorney Amy Bailey stated. DDA Bailey prosecuted the case on behalf of the People.

In the early morning of September 17, 2018, the victim woke up in her Brentwood home with her two young daughters when she noticed someone in her bathroom behind a curtain. She quickly realized the person in her bedroom was not her husband. The defendant was wearing a mask, armed with a handgun he stole from the victim’s closet. The defendant pointed the handgun at the victim and directed her downstairs. She was able to escape from him and she went up to her bedroom with her children to hide.

While the victim and her children hid in a closet, the defendant fled with multiple items from her home, including three of her husband’s firearms, an Apple Watch, Beats headphones, car keys and ammunition. The police investigation, conducted by the Brentwood Police Department, determined Simmons entered the victim’s garage first, then entered the home and eventually in the victim’s bedroom. The investigation also determined that Simmons searched for blueprints of the victim’s home days before he committed the robbery.

Five days later, the defendant was arrested by Livermore Police Department officers after he was inside a Rite Aid acting in a suspicious manner. The defendant was casing the Rite Aid and wearing a disguise and gave a fake name to the police. Police located some of the items from the victim’s home, including the victim’s husband’s handgun. The Livermore investigation also connected Simmons to a string of other burglaries in Livermore for which the defendant was convicted in Alameda County.

Five years before this robbery, the defendant tried to kill the victim’s then boyfriend, now husband in Livermore. Due to this shooting, the defendant was convicted of a serious felony, assault with a firearm. This 2014 conviction is a strike, and the judge imposed the strike during the sentencing of this case.

Case information: People v. Paul Victor Simmons (Muscat), Docket Number 05-200286-3.

Applications now available for Contra Costa DA’s Office Fall 2021 Community Academy

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Due Sept. 24; Academy begins Oct. 13

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

District Attorney Diana Becton announced Tuesday, that the Contra Costa County District Attorney’s Office will launch a fourth Community Academy class this October. The goal of the academy will be to strengthen community relations and provide residents a better understanding of our criminal justice system. Given the COVID-19 pandemic, this fall’s class will be limited, and social distancing measures will be followed. Participants will be required to wear a mask while participating during the academy.

The academy is free and is open to residents who live or work in Contra Costa County. Individuals must complete an application and background check when they apply. Residents can access an application on our website or residents may also apply in-person at one of our offices at the following locations:

Residents can submit the applications to the attention of Scott Alonso. Applicants may also email DA-CommunityAcademy@contracostada.org with their completed application. The application period ends on September 24, 2021.

The Community Academy will be made up of at least 10 individuals for a 9-week course held at the DA’s Office in downtown Martinez, 900 Ward Street from 5:30-7:30 p.m. every Wednesday starting October 13, 2021. The Community Academy, which is similar to Citizens’ Academies hosted by many law enforcement agencies, is the only academy of its kind at a District Attorney’s Office in Northern California.

The academy helps underscore the office’s commitment to engaging and educating residents of Contra Costa County. Admitted applicants can expect to learn how cases are filed, the different types of crimes our office investigates and prosecutes, and the work we do not only prosecuting cases but also the community outreach efforts underway to prevent crime and to support children, parents and crime victims. The comprehensive overview by our office will allow residents to get an in-depth examination and review of the criminal justice system in our community.

Bay Point man convicted for attempted criminal threats made against female

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

Last week, defendant Donald Kelly of Bay Point (date of birth October 31, 1980) was found guilty of attempted criminal threats, a felony, and brandishing a replica firearm, a misdemeanor, against a female victim. Kelly faces up to three years in state prison for the attempted criminal threats conviction.

On March 2, 2021, the victim was in a car outside an apartment complex on the corner of Belle Monte Ave and Willow Pass Road in Bay Point. The defendant appeared outside the victim’s car and held what appeared to be a semi-automatic firearm and pointed it at the victim’s head. Kelly yelled at the victim and stated, “This is a real gun.” Another witness who observed the interaction between Kelly and the victim heard Kelly also yell that he was going to shoot the victim. Kelly fled the scene after the victim called 911. He was detained shortly after he left the scene. When Kelly was detained, deputies located a replica Sig Sauer P226 firearm.

Deputy District Attorney Haleigh Parkinson prosecuted the case on behalf of the People. The defendant will be sentenced on September 17 before the Honorable Wade Rhyne. The case was investigated by the Contra Costa County Sheriff’s Office. The DA’s Office originally filed criminal charges against Kelly in March of this year.

Case information: People v. Donald Kelly, Docket Number 04-201411-6.