Contra Costa Herald

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

Antioch man convicted for attempted murder during 2018 drug deal

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Faces possible prison sentence of almost 35 years

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

Earlier this month, defendant Brandon Lamont Lindsey of Antioch (born March 20, 1994) was found guilty as charged for the attempted murder and attempted robbery of a Yuba City man. Further, a Contra Costa County jury found true the enhancements listed in the charges against Lindsey, including the discharge of a firearm causing great bodily injury.

Antioch Police believed the incident to be an attempted robbery at the time. (See related article)

On September 21, 2018, Lindsey arranged to sell opioids to the victim and the victim’s partner in Antioch. Specifically, Lindsey told the victim to meet him on Cavallo Road. Before this meeting, the victim and defendant did not know each or other. The drug sale was set up by a mutual friend of the victim. Upon the pair meeting for the first time on Cavallo Road, Lindsey instructed the victim to bring his car down an isolated road for the sale.

Lindsey conveyed to the victim that his associate would bring the pills in a separate car. Moments after the victim moved his car, another car was positioned and blocked the driveway, which prevented the victim from leaving the scene. Lindsey approached the victim and pulled out a firearm and demanded money. Lindsey fired three times inside the car at point blank range. One bullet struck the victim through his left arm causing a partial loss of mobility in his left hand. Lindsey used a 9mm handgun during the attempted murder and attempted robbery.

In total, the jury found Lindsey guilty of four counts:

  • Attempted Murder
    • Enhancement 1, Personal and Intentional Discharge of a Firearm, Causing Great Bodily Injury
  • Shooting at Occupied Motor Vehicle
    • Enhancement 2, Personal and Intentional Discharge of a Firearm, Causing Great Bodily Injury
  • Assault with a Semiautomatic Firearm
    • Enhancement 3, Use of a Firearm
  • Attempted Second Degree Robbery
    • Enhancement 4, Personal and Intentional Discharge of a Firearm, Causing Great Bodily Injury

Deputy District Attorney Kate Dunbar prosecuted the case on behalf of the People. The defendant will be sentenced on October 15 before the Honorable Charles Burch. Lindsey faces up to 34 years and 8 months to life in state prison. The case was investigated by the Antioch Police Department.

Case information: People v. Brandon Lamont Lindsey, Docket Number 05-200113-9.

Allen Payton contributed to this report.

Pittsburg woman sentenced to probation, more for 2019 fatal felony hit and run

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

Earlier this summer, a Contra Costa County jury convicted Camille Thompson of three counts, including the felony hit and run count resulting in death, misdemeanor vehicular manslaughter and misdemeanor destroying evidence. Last week, Thompson was sentenced to two years of formal probation and one year of electronic home detention by the Honorable Julia Campins for the 2019 felony hit and run conviction that resulted in the death of a Pittsburg man. Judge Campins also sentenced Thompson to 100 hours of community service and to take a driver safety class. (See related articles here and here)

Originally, Thompson faced up to four years in state prison for the felony hit and run count. The prosecution asked Judge Campins to sentence the defendant to state prison. Contra Costa County Probation Department also agreed that the defendant be sentenced to state prison.

On March 20, 2019, the victim was walking home on the side of the road at West Leland Road and Bailey Road and was hit by Thompson’s Mercedes Benz C-class coupe. Video surveillance captured Thompson circling back to where the victim’s body laid on the side of the road. Thompson’s Mercedes briefly paused next to victim’s body. She then left the scene and failed to render or seek aid for the victim. A few minutes later, a Good Samaritan stopped at the scene and stayed with the victim until Contra Cosa County Fire Department personnel arrived. The victim was pronounced dead at the scene.

As a result of the collision, Thompson’s vehicle had extensive damage, including a nearly shattered windshield and a missing fog lamp which was left behind at the scene.

Pittsburg Police Department officers began an extensive investigation to identify the driver who left the scene and found the fog lamp near where the victim’s body was discovered. Pittsburg Police determined the fog lamp came from a Mercedes vehicle.

In turn, officers reviewed city and residential surveillance footage and determined Thompson’s vehicle was the only Mercedes to travel on W Leland Road during the estimated timeline and was the last vehicle to pass the victim prior to the Good Samaritan stopping to seek aid for him. Five days after the collision, officers executed the search warrant at Thompson’s residence. There, officers located the Mercedes vehicle in the carport under a tarp and tire tracks in the backyard. In addition to extensive body damage, the Mercedes was conspicuously missing a fog lamp. During the execution of the search warrant, officers also found recently dated receipts to the local Home Depot and discovered Thompson purchased some items routinely used to repair damaged vehicles.

Case information: People v. Camille Edith Thompson, Docket Number 05-192420-8.

Pittsburg man sentenced to almost 16 years for January 2021 shooting

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

Earlier this month, defendant Brandon Leo Hilliard of Pittsburg was sentenced to 15 years and eight months in state prison for the shooting of an unarmed man. In May of 2021, a Contra Costa County jury found Hilliard guilty of attempted voluntary manslaughter and assault with a semiautomatic firearm. Additionally, the jury found true the enhancements listed in the charges against Hilliard, including use of a firearm and causing great bodily injury. (See related article)

“The defendant in this case displayed extreme disregard for public safety and another human’s life when he brazenly shot the victim over a minor verbal argument. I want to thank the Pittsburg Police Department for their extensive investigation and locating information which tied the defendant to the scene in order to help make this prosecution successful,” Deputy District Attorney Natasha Mehta stated. DDA Mehta prosecuted the case on behalf of the People.

In the late morning of January 9, 2021, the victim and the defendant got into a verbal confrontation at Central Avenue and Birch Street in Pittsburg. As the argument progressed, the defendant pulled out a Glock 43 semi-automatic handgun. The defendant fired multiple shots at the victim. The shooting, which left the victim with three penetrating gunshot wounds in the legs, was captured on home surveillance. Hilliard immediately fled the scene.

Police officers used surrounding city surveillance cameras to locate a silver vehicle the defendant was seen driving away in from the scene of the shooting. Officers tracked Hilliard’s vehicle, which law enforcement determined to be a silver Toyota Avalon, using an automated license plate reader technology and Pittsburg Police Department determined the vehicle’s license plate number. On January 10, a San Pablo police officer located the defendant and arrested him. The arresting officer found images on Hilliard’s phone which showed the defendant tried to sell a semi-automatic handgun.

The defendant was on an ankle monitor for his pending attempted robbery case. Hilliard cut off his ankle monitor the day before this shooting, leading to an escape count filed against him as well. Hilliard pled to this count prior to the start of trial.

Case information: People v. Brandon Leo Hilliard, Docket Number 04-200980-1.

Allen Payton contributed to this report.

 

Public Service Announcement: Tips to avoid rental scams

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Today, the Contra Costa District Attorney’s Office is sharing important tips for consumers to avoid rental scams.

What is a rental scam?

Scammers will list properties for rent online (i.e., Craigslist, Facebook Marketplace) even though they do not own them or have authority to rent them out. The scammer will attempt to have a prospective renter wire transfer or demand cash payment for the lease and or deposit, by claiming they can rent it but are not available to show it now.

Different kinds of rental scams

  • Knockoff listings: When searching for properties be on the lookout for listings that have been copied and pasted from a legitimate listing but then offered at a low price.
  • Illegal sublets: A scammer has obtained access to a listed property and begins to show the unit as if the unit is their own property or have authority to rent out.
  • Ghost rentals: Scammers will list properties that are not for rent or do not exist and try to lure a victim in with a promise of low rent and great amenities. Their goal is to get the victims money before they find out.

Identifying scams

  • Scammers will request a wire transfer for a first month’s rent, security deposit, application fees or vacation rental fees if applicable as a wire transfer. Please note, a wire transfer is equivalent to handing over cash.
  • The scammer will request funds prior to signing the lease or viewing the property with the excuse that the property is in high demand, adding an urgency to the transaction. The scammer will claim to have a list of other possible renters who are also interested in the property.
  • Scammer will claim they are out of the country by alleging they have an agent or lawyer working on their behalf.

Tips to avoid rental scams

  • Verify who owns the unit or building. To ensure that the person renting the unit is the legitimate owner or property manager, do an online search or visit the Contra Costa County Recorder’s office. The Contra Costa County Recorder’soffice is located at 555 Escobar St, Martinez CA 94553.
  • Conduct an Internet search using a search engine such as Google or Bing by entering in the listed address, agent or alleged homeowners name, email and phone number. Be suspicious of images that may be generated from Multiple Listing Service (MLS). MLS is a service realtor’s frequently use to list properties for prospective buyers. Scammers will crop and adjust these photos for their own use in fraudulent their ads.
  • Legitimate landlords will arrange a tour of the interior of the property without excuse or hesitation. Before any money is exchanged, the landlord will take in an application to do a background check.
  • Landlords will usually accept a personal check, a cashier’s check or money order for the first month’s rent and security deposit.
  • Never provide an advance payment, money is usually not exchanged until a legitimate lease is signed. Do not agree to pay anything in cash or via wire transfer.
  • Be wary of giving your personal information until you verify the leasing party before any personal information is given.
  • Ask detailed questions about the unit, application and move in dates/process. Scammers do not want to answer detailed questions because they are only after the initial deposit. In doing so they will end communication or ignore the questions or answers will contain strange grammar.
  • If a deal is too good to be true, it usually is!

¿Qué es una estafa de alquiler?

Un estafador enumera propiedades para alquiler en línea (Craigslist, Facebook Marketplace, etc.) aunque no sean dueños de la propiedad ni tengan autoridad para alquilarlas. El estafador intentará enganchar un posible inquilino en que realice una transferencia bancaria o exigir pago en efectivo para el arrendamiento o depósito, aportando que puede y tiene autoridad de alquilarlo, pero no está disponible para mostrarlo en este momento.

Diferentes tipos de estafas de alquiler

  • Listados de imitación: Cuando busque propiedades, esté atento a los listados que se hayan copiado y pegado de un listado legítimo, pero que luego se ofrezcan a un precio bajo.
  • Subarrendamientos ilegales:un estafador ha obtenido acceso a una propiedad que figura en la lista y comienza a mostrarla como si fuera su propia propiedad o tuviera autoridad para alquilarla.
  • Alquilares Inexistentes: el estafador listara listados de las propiedades que no están para alquiler o que no existen y tratará de atraer a la víctima con la promesa de un alquiler bajo y comodidades increibles. El objetivo es de estafar la victima antes de que se enteren que el trato es fraudulento.

Como identificar estafas

Los estafadores solicitarán una transferencia bancaria para el primer mes de el alquiler, depósito de seguridad y otros cobros relacionados con el alquiler. Tenga en cuenta que una transferencia bancaria equivale a entregar dinero en efectivo.

El estafador solicitará fondos antes de firmar el contrato de arrendamiento o antes de poder ver la propiedad con la excusa de que la propiedad tiene gran demanda, agregando una urgencia en la transacción. El estafador afirmará tener una lista de otros posibles inquilinos que también están interesados ​​en la propiedad.

El estafador afirmará que está fuera del país alegando que tiene un agente o abogado trabajando en su nombre.

Consejos para evitar estafas de alquiler

Verifique quién es el propietario de la unidad o el edificio. Para asegurarse de que la persona que alquila la unidad es el propietario legítimo o el administrador de la propiedad, realice una búsqueda en línea o visite las oficinas de registradores del condado. La oficina del registrador del condado de Contra Costa está ubicada en 555 Escobar St, Martinez CA 94553.

https://www.ccclerkrec.us/clerk/

Realice una búsqueda por internet utilizando búscador como Google o Bing ingresando la dirección, el correo electrónico, el número de teléfono y el supuesto agente o propietario de la casa que figuran en la lista. Sospeche de las imágenes que puedan generarse a partir de Multiple Listing Service (MLS). MLS es un servicio que agentes de bienes raíces utilizan con frecuencia para publicar propiedades para posibles compradores. Los estafadores recortan y ajustan estas fotos para su propio uso en sus anuncios fraudulentos.

Los propietarios legítimos organizara un recorrido por el interior de la propiedad sin excusa ni vacilación. Antes de que intercambie el dinero, un arrendador legitimo presentará una solicitud para realizar una verificación de antecedentes.

Los propietarios generalmente aceptarán un cheque personal, un cheque de caja o un giro postal por el primer meses de alquiler y depósito de seguridad.

Nunca proporcione un pago por adelantado, el dinero generalmente no se intercambia hasta que se firma un contrato de arrendamiento legítimo. No acepte pagar nada en efectivo o mediante transferencia bancaria.

Tenga cuidado de no dar su información personal a un estafador que pretende tener un contrato de arrendamiento legítimo, asegúrese de verificar la parte del arrendamiento antes de proporcionar cualquier información personal.

Haga preguntas detalladas sobre la unidad, la solicitud, las fechas de mudanza y el proceso de mudanza, etc. Los estafadores no quieren responder a preguntas detalladas porque están de tras del depósito inicial. Al hacerlo, terminarán la comunicación, ignorarán las preguntas o las respuestas contendrán gramática extraña.

Si un trato es demasiado bueno para ser verdad, ¡por lo general lo es!

 

 

Former Contra Costa Clerk-Recorder Joe Canciamilla pleads guilty to 9 counts

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Will serve one year in county jail

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

Joe Canciamilla

Martinez, Calif. – Yesterday, Monday, July 12, 2021, former Contra Costa County Clerk-Recorder Joe Canciamilla pled guilty to perjury and grand theft, totaling nine counts, for illegal activity tied to his multiple political campaign bank accounts. The District Attorney’s Office filed criminal charges against Canciamilla last year. Canciamilla resigned in 2019.

Canciamilla will serve 365 days in county jail per his guilty plea. Per the court, the Sheriff’s Office will determine how the custody time will be served. In addition, he was sentenced to two years formal probation by the Honorable Leslie G. Landu.  Due to his felony conviction, Canciamilla will not be able to act as an attorney and he will report his criminal conviction to the California State Bar. Further, he may no longer hold public office or any other elected office.

Canciamilla committed felony perjury for his misstatements on campaign disclosure statements (Form 460s). Canciamilla signed these campaign finance statements under the penalty of perjury. The illegal activity was conducted from 2010 to 2016. The grand theft counts against Canciamilla related to the use of campaign funds for his personal use.

The personal expenditures made by Canciamilla’s campaign committees for his own personal use were:

  • Personal vacation to Asia
  • Restaurants
  • Airfare via Southwest Airlines and American Airlines
  • Repayment of a Personal Loan
  • Transfers from his Campaign Bank Accounts to his Personal Accounts

In 2019, Canciamilla was fined $150,000 by the California Fair Political Practices Commission in a civil stipulation for his inaccurate campaign finance statements, which concealed the personal use of campaign funds for his own benefit.

The case was prosecuted by Deputy District Attorney Steven Bolen. DDA Bolen is assigned to our Office’s Public Corruption Unit.

Case information: People v. Joseph Canciamilla, Docket Number 01-193934-7.

Human Trafficking Task Force announces results of two operations in Pittsburg and Richmond

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Multi-agency effort results in four arrests, one felony, 10 victims helped

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

Earlier this month, two proactive enforcement operations convened by multiple law enforcement agencies working with Contra Costa County’s Human Trafficking Task Force resulted in multiple arrests of alleged traffickers in Pittsburg and Richmond. The focus of each operation was to stem traffickers from exploiting victims, provide services on the scene for victims and deter future criminal activity in West County and East County. The task force is a multi-disciplinary collaborative effort among local, state and federal law enforcement and community-based victim service providers to take a victim-centered and trauma-informed approach to the investigation and prosecution of all forms of trafficking and related criminal conduct in our community.

On June 4, the Pittsburg Police Department hosted a multi-agency human trafficking operation. As a result of the operation, four arrests were made, and one felony human trafficking case was filed by the DA’s Office involving two defendants. Pittsburg Police is a member of the task force. The operation included personnel from Pittsburg PD, Brentwood Police Department, Concord Police Department, Richmond Police Department, Contra Costa County Probation Department, Contra Costa County Sheriff’s Office and the District Attorney’s Office. Victim Service partners were Community Violence Solutions and the DA’s Victim-Witness Assistance Program.

On June 11, Richmond Police hosted a human trafficking operation focused on the 23rd Street corridor. Criminal activity in the 23rd Street corridor impacts neighboring San Pablo, as well. Law enforcement personnel included Richmond officers from the Community Violence Reduction Team and patrol with support from the DA’s Human Trafficking Unit. Four arrests were made by task force members during this operation and investigations into trafficking and related criminal activity continue. Ten victims were put in contact with victim services, provided by Community Violence Solutions, Family Justice Center and the DA’s Office.

If you or someone you know has information regarding any acts or suspicions of human trafficking, please call the Contra Costa County Human Trafficking tip line maintained by the District Attorney’s Office: 925-957-8658.

To get help, call Community Violence Solutions 24-hour resources line (800-670-7273) and Contra Costa’s Family Justice Center (925-521-6366). To report suspected exploitation of youth, call the Children and Family Services/Child Abuse Hotline (1-877-881-1116).

Contra Costa County was awarded a federal grant in October 2018 to form a Human Trafficking Task Force. The DA’s Office shares management of the Task Force with the Contra Costa Alliance to End Abuse in order to hold offenders accountable while providing culturally competent services and support to survivors.

Pittsburg woman found guilty of felony hit-and-run, other counts for 2019 fatal crash

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

On Monday, June 14, 2021 defendant Camille Edith Thompson, age 25 of Pittsburg (born February 3, 1996) was found guilty by a Contra Costa County jury of multiple counts, including felony hit and run, related to a vehicular crash that resulted in the death of a Pittsburg man. The defendant was also found guilty of misdemeanor counts of vehicular manslaughter and destroying evidence.

On March 20, 2019, the victim was walking home on the side of the road at W. Leland Road and Bailey Road and was hit by Thompson’s vehicle. After the impact of the collision, Thompson drove her vehicle back to where the victim’s body was and then she paused and left the scene of the crash. The vehicle suffered damage because of the crash and a piece of the vehicle’s fog lamp was left at the scene. (See related article)

Pittsburg Police Department officers began an extensive investigation to identify the driver who left the scene and determined the fog lamp came from a Mercedes vehicle. In turn, officers reviewed surveillance footage and determined the defendant’s vehicle was leaving the scene of the crash. A search warrant executed at Thompson’s residence found the vehicle in the back yard under a tarp. The vehicle in fact was missing a fog lamp and suffered extensive damage to the front passenger side.

The felony trial lasted one week before the Honorable Julia Campins in Department 10 in Pittsburg. Judge Campins will sentence the defendant on August 20, 2021. The defendant will face up to six years in state prison. Deputy District Attorney Sinead McCarron prosecuted the case of behalf of the People. DDA McCarron is assigned to our Delta Direct Team.

Case information: People v. Camille Edith Thompson, Docket Number 04-192420-8

Pittsburg man found guilty for January 2021 shooting faces up to 22 years in prison

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After removing ankle monitor being worn for attempted robbery case

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

Last month, defendant Brandon Hilliard of Pittsburg (date of birth is October 19, 1996) was found guilty by a Contra Costa County jury for the assault with a semiautomatic firearm and attempted manslaughter of a Pittsburg man – both charges are felonies. The shooting occurred earlier this year in Pittsburg. The jury also found true the enhancements listed in the charges against Hilliard, including use of a firearm and causing great bodily injury.

The defendant was on an ankle monitor for his pending attempted robbery case. Hilliard cut off his ankle monitor the day before this shooting.

On January 9, 2021, the victim and the defendant got into a verbal argument at Central Avenue and Birch Street in Pittsburg. As the argument progressed, the defendant pulled out his handgun, a Glock 43. Ultimately, the defendant fired at least four times at the victim. The victim was hit three times in his legs by Hilliard and was taken to a hospital for treatment.

The shooting was captured on home surveillance and police officers used surrounding city surveillance cameras to locate a silver vehicle the defendant was seen driving away in from the scene of the shooting. The officers tracked the vehicle in Pittsburg and ascertained its license plate using the automated license plate reader system. The day after the shooting, a San Pablo police officer located the defendant and his vehicle, which had been listed as a felony vehicle, and successfully detained him.

The felony trial lasted four weeks before the honorable David Goldstein in Department 6 in Pittsburg. Judge Goldstein will sentence the defendant on July 23, 2021 at 8:30 a.m. The defendant will face up to 22 years and eight months in state prison. Deputy District Attorney Natasha Mehta prosecuted the case of behalf of the People. DDA Mehta is assigned to our felony trial team.

Case information: People v. Brandon Leo Hilliard, Docket Number 04-200980-1

Contra Costa, three other county DA’s to finalize $400,000 settlement with MoviePass affiliated executives for unlawful business practices

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Following 2018 complaint filed by Contra Costa County resident with California Attorney General’s Office.

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

Martinez, Calif. – On May 20, the Contra Costa County District Attorney’s Office, in conjunction with the District Attorneys’ Offices of Ventura, Sonoma, and San Joaquin Counties, entered into a negotiated settlement agreement with former MoviePass affiliated executives, Theodore Farnsworth and Mitchell Lowe, for engaging in numerous unlawful, unfair, and fraudulent business acts and practices, while overseeing the operations of the now defunct movie theater subscription service. CCCDA MoviePass Documents

In total, Farnsworth and Lowe will have to pay $400,000 in civil penalties and cy pres restitution, as part of the signed Stipulated Judgment approved by the Honorable Nancy Davis Stark. In addition to the monetary payments, Farnsworth and Lowe are enjoined from engaging in any of the alleged unlawful, unfair, or fraudulent business acts or practices committed during their tenure as MoviePass managers. The settlement gets divided by all the DA’s involved and some goes to the state. The DA’s then use the monies for consumer protection activities.

MoviePass, Inc. (MoviePass) was an American subscription-based movie ticket service headquarter in New York City. Founded in 2011, the service initially allowed subscribers to purchase up to three movie tickets per month for a discounted monthly fee. The service utilized a mobile phone app where users checked into a theater and chose a movie and showtime, which resulted in the cost of the ticket being loaded by MoviePass to a prepaid MoviePass debit card, which was then used to purchase the ticket from the movie theater.

In 2017, Helios and Matheson Analytics purchased MoviePass. Around the time of the purchase, the business model for MoviePass, shifted from a three movie per month subscription to offering, among other things, an “unlimited” subscription plan at $9.95 a month and an “unlimited” fixed rate annual subscription. However, over the course of the next two years, the business model and terms of service changed multiple times to the detriment of the consumers.

After the acquisition of MoviePass by Helios and Matheson Analytics, the Defendants engaged in numerous unlawful, unfair, and fraudulent acts and practices. These acts and practices include, but are not limited to:

• Falsely advertising that MoviePass subscriptions offer “unlimited” movie watching. Specifically, “any movie”, “any day”, at “any theater”, when in reality MoviePass continually added limitations to customers’ subscriptions.
• Unconscionably changing terms of service during a subscription period.
• Converting all prepaid “unlimited” plans to three movies per month.
• Shutting down the availability of movies when a certain dollar amount is reached. (Trip wire).
• Failing to notify autorenewal customers of material changes to their subscriptions.
• Continuously charging customers’ debit or credit cards after receiving notice of cancellation from customers.

In addition to the above acts and practices, in 2019, MoviePass suffered a data breach. The data breach was the result of a MoviePass engineer creating an unsecured and unencrypted server as a debugging tool. This server had more than 161 million pieces of personal identifying information, including names, MoviePass card numbers, credit card numbers, billing information, email addresses and login information, belonging to at least 58,000 consumers. Despite being notified by private individuals, MoviePass allowed this server to operate for three months before it was taken down. MoviePass failed to advise the California Attorney General’s Office of the data breach, as required by law

MoviePass shut down its operations in September of 2019. Both MoviePass and its parent company, Helios and Matheson Analytics, filed for Chapter 7 bankruptcy in January of 2020.

In 2018 a local Contra Costa County resident filed a complaint against MoviePass with the California Attorney General’s Office. The complaint alleged that MoviePass was in violation of the Terms of Service as the company was not showing available tickets in the mobile app and limited the number of movies to the consumer even though they paid in advance for a year of “unlimited” service. In turn, the complaint was forwarded to our office for further investigation.

We welcome residents to file consumer complaints with our office via our website, www.contracostada.org. Case information: People v. Theodore Farnsworth and Mitchell Lowe, Docket C21-01045, Contra Costa County Superior Court.

DA OIS report: Walnut Creek police shooting death of Miles Hall deemed legal

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No criminal prosecution of two officers involved in June 2019 incident

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

The Contra Costa County District Attorney’s Office concludes there is insufficient evidence to support a criminal prosecution of Officer KC Hsiao and Officer Melissa Murphy in the 2019 fatal shooting of Miles Anthony Hall. The DA’s Office released a public report about the shooting today. No charges will be filed against any officer involved in this shooting. (See related article)

On June 2, 2019, at 4:40 p.m., an emergency call was received by the California Highway Patrol about a disturbance at a home on Sandra Court in Walnut Creek where Mr. Hall resided. The individual that made the emergency call was a family member of Mr. Hall. At approximately the same time, a neighbor also called 911 about a disturbance at the same residence. The neighbor saw Mr. Hall running outside the residence. A third neighbor called 911 and reported that Mr. Hall had just pounded on their front door and was carrying a black steel digging tool. The tool was measured to be 4 feet 11 inches long and weighed 15 pounds. Another witness also called 911 and reported that Mr. Hall chased their vehicle on foot as they drove through the neighborhood.

At 4:51 p.m., the initial two officers arrived on the scene to respond. As additional officers arrived, a staging area near Orchard Lane and Lancaster Road was set up. The four officers discussed how they would respond once they encountered Mr. Hall. All four officers were aware of a previous incident where Mr. Hall had brandished a knife at Walnut Creek police officers, and they used less than lethal force to take him into custody for a mental health hold. Additionally, paramedics from Contra Costa County Fire Protection District were called to the scene.

Mr. Hall was near 140 Arlene Lane when four officers attempted to contact him. They gave him commands to stop running and to drop the digging tool. Mr. Hall did not respond to those commands and began running in the general direction of the officers with the digging tool in his hand.

Officer Matt Smith, armed with the less than lethal beanbag shogun, fired four rounds at Mr. Hall in an attempt to stop him. Mr. Hall continued to run in the officer’s direction despite being hit with less than lethal force. At this point, Officers Hsiao and Murphy discharged their department issued handguns at Mr. Hall. Ultimately, Mr. Hall was struck by four rounds and fell to the ground. Mr. Hall was restrained in handcuffs and the officers began performing life saving measures until the paramedics arrived. Mr. Hall was taken to John Muir Hospital and was pronounced dead shortly thereafter.

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 investigation is to determine if there is proof beyond a reasonable doubt that a crime was committed during a fatal encounter with law enforcement.

In December 2019, a Contra Costa Coroner’s Inquest Jury found that Hall had died “at the hands of another person, other than by accident”. (See related article)

The OIS public report is available here.

Allen Payton contributed to this report.