Contra Costa Herald

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

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.

 

Inmate gets sentence reduced by 10 years, released by Contra Costa DA under new law

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First resentencing in county under AB 2942, for 2004 Orinda robbery conviction

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

Last month, the Contra Costa County District Attorney’s Office petitioned the court in support of Derric Lewis to be resentenced under Assembly Bill 2942 for his 2004 residential burglary. Honorable Judge Nancy Davis Stark ameliorated his original sentence of 27 years to 17 years with credit for time served. Lewis, who is now 61 years old, was released on a two-year grant of parole and will be supported with wrap-around services to ensure his re-entry is successful.

Lewis is the first individual in Contra Costa County resentenced under this change in the law. AB 2942 allows for a district attorney to review old sentences and determine if the sentence still serves the interest of justice and the community. Individuals eligible for relief under AB 2942 must demonstrate their ability to re-enter society successfully, including our office’s thorough evaluation of their rehabilitative efforts and disciplinary record while in custody.

The DA’s Office worked in collaboration with the California Department of Rehabilitation and Corrections, the non-profit For the People, and the Public Defender’s Office on this petition for resentencing. Importantly, those impacted by Lewis’ burglary joined in consideration of the petition and agreed that with demonstrated change after 17 years of incarceration, Lewis had had earned the opportunity to be resentenced.

In October 2004, Lewis arrived in Orinda on a Bay Area Rapid Transit train. He then walked through a nearby neighborhood and entered a home, stealing a purse valued at $125. Two victims were inside the home when Lewis entered. Additionally, Lewis took a specialized bicycle, valued at $300, from a second victim’s shed located in the backyard of their home.

Lewis was on probation at the time he was arrested for this offense and had multiple felony convictions. These factors contributed to the judge sentencing Lewis to 27 years in state prison. This offense was his third serious felony.

District Attorney Diana Becton was in support of AB 2942 during the legislature’s 2019 consideration of the bill. The DA’s Office is one of a first offices working with For the People on eligible cases for potential resentencing where the original punishment is excessive. Santa Clara, Yolo and San Diego district attorneys have also resentenced an individual under AB 2942.

“We now have the option to seek redress for excessive sentences. I will use my authority under this important law to ensure those in state prison are there for the appropriate reasons. Sentencing a man for 27 years for such an offense undermines our ability to hold the most violent accountable for crimes in our community. The strain on the state prison and criminal justice system is immense from these failed policies of our past. To truly move forward, we must be open to correcting the wrongs of the past,” stated DA Diana Becton.

“Having spent countless hours working to understand Mr. Lewis’ case, we witnessed his work towards rehabilitation,” said Hillary Blout, Founder and Executive Director of For The People. “Focusing on education helped set Mr. Lewis on a new path, and he has now obtained his GED, tutored others in prison, and completed a dozen college-level courses. With a strong education and family ties, Mr. Lewis returns home to his loving sister and son. But Mr. Lewis is just one of the many people in our prison who should be released. Hopefully other incarcerated people and their families will see this second chance on the horizon through the advent of prosecutor-initiated resentencing and AB 2942.”

“We are pleased to see that Mr. Lewis was successfully resentenced and reunited with his family. Mr. Lewis, who is 61 years old, spent the last 17 years of his life in prison. He earned his high school diploma, enrolled in college courses, and demonstrated exemplary behavior during his incarceration. Mr. Lewis’s resentencing illustrates that focusing on reintegrating people back into our community with substantial reentry resources is a more just approach than handing down excessive prison sentences,” said Robin Lipetzky, Contra Costa County Public Defender.

Case information: People v. Derric Craig Lewis, Docket 05-050238-5

Contra Costa DA’s office charges Danville Police Officer with multiple felonies for 2018 shooting death of Newark man

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

“the suspect attempted to run over the officer, who fired his weapon at the vehicle” – Danville Police

Officer Andrew Hall could face 22 years in state prison; same officer who fatally shot suspect with knife on March 11, 2021

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

Martinez, Calif. – Today, Wed., April 21, 2021, Contra Costa County District Attorney Diana Becton announces felony charges have been filed against Danville Police Officer Andrew Hall for causing the 2018 death of Newark resident Laudemer Arboleda without lawful excuse or justification. Officer Hall shot at Mr. Arboleda and hit him nine times during a slow-moving vehicle pursuit in downtown Danville. Nine shots hit Mr. Arboleda. (See related articles here, here and here)

According to the police press release of the incident, the suspect attempted to run over the officer, who fired his weapon at the vehicle. A critical incident video was released by the Contra Costa County Sheriff’s Office at that time.

Officer Hall is charged with felony voluntary manslaughter and felony assault with a semi-automatic firearm for the alleged unlawful activity and unreasonable force used during the shooting. Each felony count also contains an enhancement concerning Officer Hall’s discharge of his firearm, a Sig 226, 40 caliber semi-automatic pistol. The second felony count also contains an enhancement for Hall’s unlawful activity causing great bodily injury against Mr. Arboleda.

An arrest warrant was signed by the Honorable Nancy Davis Stark for Hall’s arrest. His bail for the alleged offenses is $220,000.

“Officer Hall used unreasonable and unnecessary force when he responded to the in-progress traffic pursuit involving Laudemer Arboleda, endangering not only Mr. Arboleda’s life but the lives of his fellow officers and citizens in the immediate area. We in law enforcement must conduct ourselves in a professional and lawful manner when interacting with the public. Officer Hall’s actions underscore the need for a continued focus on de-escalation training and improved coordinated responses to individuals suffering from mental illness,” said DA Becton.

On November 3, 2018, at 11:03 a.m., Danville Police Department officers responded to a call reporting that Laudemer Arboleda rang the doorbell of a resident on Cottage Place and was lingering in the area. Mr. Arboleda subsequently drove away from the neighborhood in a 2014 silver Honda. Officers initiated a traffic stop of Mr. Arboleda’s vehicle. When the officers exited their patrol car to approach him, Mr. Arboleda drove away from the officers.

Additional patrol cars joined the traffic pursuit, which lasted for a total of nine minutes and reached maximum speeds of up to 50 miles per hour. Mr. Arboleda continued to drive towards Front Street in Danville. Officer Hall, who was not involved in the initial pursuit, stopped his vehicle in front of the approaching pursuit. As Mr. Arboleda began to slowly maneuver between Officer Hall’s vehicle and another police vehicle involved in the pursuit, Officer Hall ran around the rear of his vehicle and fired his semi-automatic pistol at Mr. Arboleda.

As Officer Hall fired, Mr. Arboleda’s vehicle continued into the intersection of Front Street and Diablo Road and struck a 2006 silver Jeep occupied by an adult. Officers responded and found Mr. Arboleda in his car unresponsive with his foot on the gas pedal. He was taken to San Ramon Valley Medical Center and pronounced dead at 11:44 a.m.

The case will be prosecuted by Assistant District Attorney Christopher Walpole and Deputy District Attorney Colleen Gleason.

This case was investigated by the DA’s Office under the county protocol concerning law enforcement involved fatalities. The protocol investigation is conducted by the DA’s Office when there is a use of force injury or death involving an officer.

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

Hall is the same officer who shot and killed a man with a knife on March 11, 2021. (See related articles here, here and here)

See video of DA Becton’s press conference on KRON4.

Prepared Statement by DA Becton for April 21, 2021 Press Conference

“Earlier today, my Office filed criminal charges against Danville Police Officer Andrew Hall related to a fatal shooting on November 3, 2018. Officer Hall is a Deputy Sheriff with the Contra Costa County Sheriff’s Office and was assigned to Danville at the time of the shooting.

Officer Hall is charged for causing the death of Laudemer Arboleda. Mr. Arboleda was shot 9 times by Officer Hall on November 3, 2018 in Danville.

Our office, for the first time in recent history, has filed criminal charges against a police officer for their actions during a shooting. Officer Hall is charged with voluntary manslaughter and assault with a semi-automatic firearm.

These charges are felonies and due to Officer Hall’s unreasonable force used during the 2018 fatal shooting of Mr. Arboleda, the charges also include enhancements, personal use of a firearm. The second felony count, an assault charge, also has an enhancement for Officer Hall’s unlawful activity causing great bodily injury against Mr. Arboleda.

Overall, Officer Hall could face 22 years in state prison, and he would be prohibited from being a peace officer if convicted.

I should underscore Officer Hall is presumed innocent under the law and these criminal charges are allegations. Ultimately, I am confident a jury of Officer Hall’s peers will review this case with great care and consideration and ultimately hold Officer Hall accountable.

The unnecessary death of Mr. Arboleda underscores the need for law enforcement personnel to better understand those suffering from mental illness.

To review some of the timeline of events leading up to the shooting on November 3, 2018:

On November 3, 2018, at 11:03 a.m., Danville Police Department officers responded to a call reporting that Laudemer Arboleda rang the doorbell of a resident on Cottage Place and was lingering in the area.

Mr. Arboleda subsequently drove away from the neighborhood in a 2014 silver Honda. Officers initiated a traffic stop of Mr. Arboleda’s vehicle. When the officers exited their patrol car to approach him, Mr. Arboleda drove away from the officers.

Additional patrol cars joined the traffic pursuit, which lasted for a total of nine minutes and reached maximum speeds of up to 50 miles per hour. Mr. Arboleda continued to drive towards Front Street in Danville. Officer Hall, who was not involved in the initial pursuit, stopped his vehicle in front of the approaching pursuit.

As Mr. Arboleda began to slowly maneuver between Officer Hall’s vehicle and another police vehicle involved in the pursuit, Officer Hall ran around the rear of his vehicle and fired his semi-automatic pistol at Mr. Arboleda.

As Officer Hall fired, Mr. Arboleda’s vehicle continued into the intersection of Front Street and Diablo Road and struck a 2006 silver Jeep occupied by an adult.

Officers responded and found Mr. Arboleda in his car unresponsive with his foot on the gas pedal. He was taken to San Ramon Valley Medical Center and pronounced dead at 11:44 a.m.

The filing of this case took time due to a backlog of prior law enforcement involved fatal incidents my office is investigating. I am doing everything I can do end this backlog and ensure our independent investigations conclude in an expeditious manner.

 

Last year, I completely re-tooled my office’s approach to investigating these complex and sensitive incidents. I have instilled a team approach to these investigations to ensure we are independent and thorough.

I am committed to publicizing the results of our investigations. Further, if we do not file charges, we will release a full public report.

Officer Hall used unreasonable and unnecessary force when he responded to the in-progress traffic pursuit involving Laudemer Arboleda, endangering not only Mr. Arboleda’s life but the lives of his fellow officers and citizens in the immediate area.

We in law enforcement must conduct ourselves in a professional and lawful manner when interacting with the public.

Officer Hall’s actions underscore the need for a continued focus on de-escalation training and improved coordinated responses to individuals suffering from mental illness.

In terms of next steps, Officer Hall will be arraigned before a judge. We do not have a timeframe yet on when that will happen.

Thank you for coming today. I am here to answer your questions.”

Allen Payton contributed to this report.

Clayton man pleads guilty to communicating with minor for sex

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Daniel Steven Paul (in blue shirt) arrested at Martinez park. Drone video screenshot.

Subject of investigation in foreign country; gets 120 days in jail, will have to register as a sex offender

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

Suspect Daniel Steven Paul arrest photo. Courtesy of CCDA.

On Thursday, April 15, 2021, 41-year-old Clayton resident Daniel Paul pleaded guilty to unlawfully communicating with a minor for the purposes of engaging in sex, in violation of California Penal Code section 288.3(a). Pursuant to the plea agreement before the Honorable John Cope, Paul was sentenced to 120 days in county jail, probation and will be required to register as a sex offender. (See related article)

In early May 2020, investigators from the County’s Internet Crimes Against Children Task Force learned Paul had been the subject of an investigation in a foreign country, in which Paul distributed harmful material to a person he believed to be a minor. The investigation led agents to begin talking with Paul via text message and soon after contacting him, Paul began to attempt to entice what he believed to be a 14-year-old girl into meeting with him for sex.

On May 20, 2020, Paul went to Hidden Lakes Park in Martinez with the intention of engaging in sex acts with a minor. He was taken into custody and booked at the Martinez Detention Facility.  A search of his vehicle revealed he brought condoms and alcohol to the meeting. A video of the arrest is available here.

The case was prosecuted by deputy district attorneys Adam Wilks and Chris Sansoe. The investigation was conducted by the multi-agency Silicon Valley 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, San Ramon, Danville, Pleasant Hill, Concord, Brentwood, San Pablo 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 senior inspectors from the Contra Costa County District Attorney’s Office participate in the task force.

Bag of condoms and alcohol Paul had with him when arrested. Photo: CCDA

The Silicon Valley ICAC task force would like to thank the National Child Exploitation Crime Centre of the Royal Canadian Mounted Police and the Homeland Security Investigations Office in Ottawa, Canada for their assistance with this investigation.

Since the COVID-19 Shelter in Place order went into effect, law enforcement from around the United States has noted a significant increase in the number of online child exploitation reports. Many of these cases involve adult suspects grooming minors into taking explicit images of themselves. Parents are encouraged to be on heightened alert for this behavior and to both monitor their child’s online activity and to have candid conversations with their children about the dangers of smartphone use.

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. Daniel Stevens Paul, Docket 01-193687-1

 

 

Private security guards in Walnut Creek charged with battery, illegal possession of tear gas

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

The Contra Costa County District Attorney’s Office filed misdemeanors against two private security guards for the alleged altercation outside the Walnut Creek Planned Parenthood clinic. Specifically, defendants Ishatpal Momi (27-year-old resident of Elk Grove) and Peter Reeves (45-year-old resident of Sacramento) are each charged with battery and illegal possession of tear gas. Both defendants were armed with their respective firearms and carrying large canisters of pepper spray.

On October 13, 2020, members of the group 40 Days for Life were protesting outside the Planned Parenthood clinic on Oakland Blvd. Individuals were also gathered outside to support Planned Parenthood. Momi and Reeves were hired to provide security on behalf of 40 Days for Life.

During the late morning of October 13, an altercation ensued outside the clinic and as a result Momi and Reeves deployed their pepper spray canister against members of the opposing group. Hours later that same day, additional individuals arrived on scene and the security guards deployed their pepper spray again against the other victims. In total, four individuals were impacted by the pepper spray during October 13.

The canisters of pepper spray used by the private security guards were too large and against state law. State law only allows canisters of 2.5 ounces or smaller to be carried or used legally.

The case was reviewed and filed by Senior Deputy District Attorney Simon O’Connell. The defendants will be sent a notice to appear for their arraignment.

Concord man convicted for 2016 first-degree murder of his pregnant girlfriend

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Faces 25 and up to 75 years to life in state prison

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

Erick Lamar Nelson. Photo: Concord PD

Yesterday, Monday, April 4, 2021, a Contra Costa County jury found defendant Erick Lamar Nelson (31-year-old resident of Concord) guilty of first-degree murder for the 2016 slaying of his partner 25-year-old Poinsettia Gant-Parks. The victim reported to friends and family members concerns about Nelson and his prior violent actions against her. When the victim was murdered, she was six weeks pregnant.

Nelson will be sentenced on May 7, 2021 before Judge John Cope. Nelson faces 25 years to life for the murder conviction. Due to Nelson’s two prior strikes, which the court found him guilty of yesterday, he could face a total of 75 years to life in state prison.

In May 2016, Nelson used a rock to kill the victim and he stuffed her left hand down her throat. The victim was found in the duck pond at Newhall Park in Concord. Nelson, who was described as 6’1″ and 185 lbs., fled the state and was eventually arrested in Reno, Nevada. (See related article)

Deputy District Attorney Mary Blumberg prosecuted the case on behalf of the People. DDA Blumberg is assigned to our Office’s Homicide Unit. The case was investigated by the Concord Police Department.

“Poinsettia Gant-Parks will forever be remembered for her sincere kindness to everyone she met and her smile that reached from ear to ear and touched so many hearts. This verdict finally brings justice to her family. Erick Nelson brutally took her life; she was merely 25 years old and pregnant at the time that he murdered her. Sadly, this terrible crime and the physical and mental abuse that proceeded it are not limited to Poinsettia Gant-Parks. All too often, women and men are victims of domestic violence. I hope that this verdict will encourage other victims of domestic violence to speak out and seek help. If you or someone you know suffers from domestic partner violence there are many groups in our community that can help you, including, the Family Justice Centers in Antioch, Richmond and Concord,” said DDA Blumberg.

The jury trial began on March 1, 2021 and ended last Friday. The jury began their deliberation on April 2 and concluded today with their verdict. In 2016, our Office filed a criminal complaint against Nelson. In 2017, he had a preliminary hearing, and he was held to answer.

UPDATE: The prior crimes include a felony violation for driving or taking a vehicle without consent. On or about May 23, 2016, in Contra Costa County, Nelson stole a Ford F-250 pickup owned by Joseph Silva. He was also convicted for serious and/or violent felonies of second-degree robbery committed on Sept. 28, 2010 and on Sept. 18, 2007. Filed Information Nelson April 2017

Case information: People v. Erick Lamar Nelson, Docket Number 05-170547-4

Allen Payton contributed to this report.

 

Richmond man sentenced to 36 years in state prison for 2019 rape

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

Delon Baptiste Ward. Photo: RPD

Last Friday, defendant Delon Baptiste Ward of Richmond was sentenced by Judge Leslie G. Landau to 36 years in state prison for the July 2019 rape of Jane Doe. Earlier, Ward pleaded guilty to kidnapping and forcible rape and he admitted to two enhancements since he used a gun during the attack. Ward is required to register as a sex offender for the rest of his life as a result of his guilty plea.

Jane Doe did not know the defendant. While she was on her walk during the early morning of July 19, Ward followed her and waited until she was alone to confront her with a gun. He forcibly moved Jane Doe off the public sidewalk and proceeded to sexually assault her.

The defendant fled the scene after the sexual assault. Fortunately, the Richmond Police Department conducted an intensive investigation to secure evidence and surveillance video to tie the defendant to the crime.

Deputy District Attorney Scott Prosser prosecuted the case on behalf of the People. DDA Prosser is assigned to our office’s Sexual Assault Unit.

“In this case, the Richmond Police Department immediately conducted a large-scale investigation using officers and investigators who left no stone unturned. In particular, Officer Orlando Guzman, Detective Andrew Barbara, and Detective AJ Fonseca went over and above to ensure that we brought a strong case to court,” stated DDA Prosser. “Jane Doe bravely came forward to report the crime, and through the efforts of the Richmond Police Department, the defendant was identified and taken into custody quickly.”

Case information: People v. Delon Baptiste Ward, Docket Number 05-201379-5

Previously, according to localcrimenews.com, Ward was arrested in January 2018 by San Pablo Police for receiving stolen property – motor vehicle and vehicle theft.

 

Tulare couple sentenced for 2019 road rage murder of Oakland man in Antioch

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Defendants Tearri Richard and Lakia Poles. Photos by Antioch PD

Life in prison for him, 25 years to life in prison for her

Antioch Police forensic artist’s sketch helped lead to their arrest

By Allen Payton

Homicide Case Update: Defendants Tearri Richard and Lakia Poles were sentenced on Friday, March 26, 2021 in Contra Costa County Superior Court for the road rage murder of 57-year-old Oakland resident Raul Garcia in Antioch on Sept. 1, 2019.  (See related articles here, here, here and here)

Defendant Richard was sentenced to life without the possibility of parole and defendant Poles was sentenced to 25 years to life. Both defendants were age 26 at the time of the murder and will serve their time in state prison. DDA Aron DeFerrari prosecuted the case on behalf of the People.

“Raul Garcia, the man Tearri Richard and Lakia Poles viciously murdered over a traffic dispute, received justice today,” said DDA DeFerrari. “It is unfathomable that a man’s life could be taken over disagreement about a lane merger that didn’t even result in a collision, yet defendants Richard and Poles hunted Raul Garcia down in the street and killed him for something that trivial; they both deserve the life sentences they were given.”

“The justice achieved today was only possible due to the outstanding investigation by the Antioch Police Department and their top-notch Detective Division,” he added.

Antioch Police forensic artist, Detective Joeng and sketch of Tearri Richard. Source: APD

On their Facebook page on Sunday, March 21 the Antioch Police Department posted praise for their sketch artist that helped lead to the couple’s arrest:

“On September 1, 2019, Raul Garcia was murdered after a road rage incident in Antioch. Members of the APD Investigations Bureau began investigating the case and learned of a witness to the incident. Detective Jeong (who is a forensic sketch artist) met with the witness and developed a sketch of the suspect. In the following weeks, detectives obtained additional evidence which led to the arrest of Tearri Richard and Lakia Poles. On November 24, 2020, a jury found both Richard and Poles guilty of murder. Last week, Richard was sentenced to life without the possibility of parole, and Poles was sentenced to 25-years-to-life. As you can see, Detective Jeong has a special talent in the field of forensic sketches, and we are very lucky he is a member of our team.

The Antioch Police Department will not tolerate violent crime in our city and works hard to achieve justice. We do this not just for our community, but also in memory of those who are lost to senseless violence. We are grateful to the Contra Costa County District Attorney’s Office, especially Deputy District Attorney Aron DeFerrari, for his tireless prosecution of this case.

On behalf of the men and women of APD, we express our condolences to the Garcia family.”