Contra Costa Herald

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

Two Martinez residents charged with hate crime for defacing Black lives matter street mural

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White couple paints over Black Lives Matter street mural

An unidentified white couple was recorded painting over a Black Lives Matter street mural located in front of a Bay Area courthouse.

Posted by Corey L. Teague on Sunday, July 5, 2020

By Scott Alonso, Public Information Officer, Contra Costa District Attorney

Martinez, Calif. – Today, Tuesday, July 7, 2020, the Contra Costa County District Attorney’s Office charged Martinez residents Nichole Anderson (42-years old) and David Nelson (53-years-old) with three misdemeanor counts, including a hate crime, for their alleged actions on Saturday, July 4, when defendant Anderson covered up a mural with the words BLACK LIVES MATTER in all capitals, with black paint. Nelson directly aided in the alleged criminal conduct. The incident was captured on video by witnesses.

On July 1, a local Martinez resident applied for a permit to paint a Black lives matter temporary mural on Court Street in downtown Martinez in front of the Wakefield Taylor Courthouse. The permit was approved by the City of Martinez and it was painted on July 4.

Nelson and Anderson arrived at the scene of the mural after it was completed with paint supplies. Anderson started to paint over the yellow letters “B” and “L” in the word “BLACK.” She used black paint and a large paint roller to do so. The video has been shared widely by witnesses and shared on social media.

“We must address the root and byproduct of systemic racism in our country. The Black lives matter movement is an important civil rights cause that deserves all of our attention,” stated Contra Costa County District Attorney Diana Becton. “The mural completed last weekend was a peaceful and powerful way to communicate the importance of Black lives in Contra Costa County and the country. We must continue to elevate discussions and actually listen to one another in an effort to heal our community and country.”

In total, both defendants are charged for the following alleged offenses:

  • Violation of Civil Rights, PC 422.6(b)
  • Vandalism Under $400, PC 594(a)
  • Possession of Tools to Commit Vandalism or Graffiti, PC 594.2(a)

If convicted, both defendants face up to a year in county jail. The alleged offenses are exempt from a specific bail amount due to the current county bail schedule in light of the COVID-19 pandemic.

Case information: People v. Nicole Claudia Anderson and David Richard Nelson, Docket Number 01-194031-1

 

Golden State Killer Joseph James DeAngelo Jr. pleads guilty to 13 murders, 13 kidnappings, dozens more uncharged crimes

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Joseph James DeAngelo, Jr. pleads guilty during his hearing on Monday, June 29, 2020. YouTube video screenshot. Arrest photo by Sacramento County Sheriff.

Four crimes in Contra Costa County; avoids death penalty, to be sentenced to life without possibility of parole

SACRAMENTO, CA – Joseph James DeAngelo Jr., 74, pleaded guilty today to 13 felony counts of first-degree murder and 13 felony counts of kidnapping to commit robbery during a 13-year multicounty crime spree that terrorized much of California during the 1970s and 1980s. DeAngelo was identified through Investigative Genetic Genealogy (IGG) in 2018, more than three decades after he raped and murdered his last victim in 1986. (Watch DeAngelo plead guilty and confess to his crimes).

Known as the Golden State Killer and East Area Rapist, DeAngelo also admitted to 161 uncharged crimes related to 61 uncharged victims, including attempted murder, kidnapping to commit robbery, rape, robbery, first-degree burglary, false imprisonment and criminal threats. The uncharged crimes occurred in Alameda, Sacramento, San Joaquin, Santa Clara, Stanislaus, Tulare and Yolo counties.

DeAngelo’s hearing was held in the Sac State ballroom to accommodate the victims and their families, and reporters. YouTube video screenshot.

Monday’s hearing was relocated to the Sacramento State Ballroom to accommodate the large number of victims and their family members in attendance and to ensure social distancing in light of the current COVID-19 pandemic.

DeAngelo is being jointly prosecuted by the district attorneys of Contra Costa, Orange, Sacramento, Santa Barbara, Tulare and Ventura counties.

“He committed multiple heinous acts in Contra Costa County. Four of those cases we were able to charge,” Contra Costa County District Attorney Diana Becton stated. “While we were not able to file the other cases, we are very fortunate that today DeAngelo pled to all of the cases, both those that were charged and uncharged.”

The decision by prosecutors to accept DeAngelo’s offer to plead guilty to the 26 charged crimes and admit the uncharged crimes was made in consultation with the victims and their family members. The totality of the circumstances, including the age of the victims, the age of witnesses and the death of other key witnesses, and the age of the defendant, were taken into consideration.

The massive scope of this case, which involved more than 1.3 million pages of discovery, would have unduly burdened the victims with a lengthy prosecution that was anticipated to take as many as ten years.  The plea provided the victims and their families who were terrorized by DeAngelo the opportunity to hear him admit his crimes and they will have an opportunity to provide victim impact statements beginning August 17, 2020.

This six-county joint prosecution resulted in a guilty plea of:

  • 13 counts of first-degree murder with special circumstances allegations of multiple murders and murder during the commission of rape, robbery, and burglary.
  • 13 felony counts of kidnapping to commit robbery with sentencing enhancements for personal use of a firearm and personal use of a knife during the commission of the offenses.
  • DeAngelo admitted murdering:

o Claude Snelling – September 11, 1975 – Tulare County

o Katie and Brian Maggiore – February 2, 1978 – Sacramento County

o Debra Alexandria Manning – December 30, 1979 – Santa Barbara County

o Robert Offerman – December 30, 1979 – Santa Barbara County

o Cheri Domingo – July 27, 1981 – Santa Barbara County

o Greg Sanchez – July 27, 1981 – Santa Barbara County

o Charlene and Lyman Smith – on or about March 13, 1980– Ventura County

o Keith and Patrice Harrington – August 21, 1980 – Orange County

o Manuela Witthuhn – February 6, 1981 – Orange County

o Janelle Cruz – May 5, 1986 – Orange County

DeAngelo also admitted to the uncharged crimes of:

  • Attempted murder, kidnapping to commit robbery, rape, robbery, first-degree burglary, false imprisonment and criminal threats.

(Read the details of the charges).

DeAngelo’s victims and their families stand during the hearing. YouTube video screenshot.

DeAngelo’s crime spree began in 1975 when he was working as a police officer with the Exeter Police Department. The crimes, which continued long after he was fired from the Auburn Police Department in 1979, escalated from peeping through windows to stalking to rape and serial murder.

His crimes earned him the nicknames of the Visalia Ransacker, the East Area Rapist, the Original Night Stalker, and the Golden State Killer. It was not until April 2018 that Sacramento authorities announced that Investigative Genetic Genealogy had identified DeAngelo as the person responsible.

Joseph DeAngelo will be sentenced to life in state prison without the possibility of parole. The sentence will run consecutive and concurrent to his sentence for the first-degree murders to which he has pled.  His sentencing hearing will commence on August 17, 2020. Victims will be given the opportunity to deliver victim impact statements prior to DeAngelo’s sentencing on August 21, 2020.  The sentencing hearing location will be announced at a later date.

The identification, arrest, and prosecution of DeAngelo is the result of decades of work by law enforcement agencies across California.

“Today’s court proceeding brings us one step closer to ending the horrific saga of Joseph DeAngelo and his decades long crime spree,” said Contra Costa DA Becton. “The crimes he committed in Contra Costa County, and throughout the state of California, have left a lifetime of scars and pain for our victims and their families. In this case justice did not move swiftly, it was a long time coming. However, our victims remained steadfast and brave throughout this entire process. Today is about remembering all of the victims in this case and finally holding DeAngelo responsible for these crimes.”

See video of District Attorneys’ press conference following the hearing. Hear from one of his victims in Contra Costa County in a KTVU FOX2 news report.

“I am an ardent supporter of the death penalty when appropriate. There are crimes that are so heinous and so depraved that death is the only appropriate punishment. This is one of those cases, and that is why all six District Attorneys prosecuting this case decided unanimously to seek the death penalty,” said Orange County District Attorney Todd Spitzer. “The ability of victims to confront the person who terrorized them and robbed them of a lifetime of memories with their loved ones is an unequivocal right. I carefully consulted with all of the families of the Orange County victims and had the former district attorney who filed the charges fully briefed on the defendant’s offer to plead guilty. Given the totality of the circumstances including the advanced age of the victims, the advanced age and deaths of key witnesses, and the lengthy capital case process ahead, the decision in Orange County to accept the defendant’s offer was unanimous. Today’s plea will never bring the loved ones back or restore the sense of security that was shattered, but today, after 40 years of uncertainty, dozens of victims and a nation heard the person responsible for this reign of terror finally admit that he – and only he – is responsible.”

“The investigation, identification and prosecution of the East Area Rapist/Golden State Killer has been a long journey for justice – a journey marked by passion, persistence and sheer determination,” said Sacramento County District Attorney Anne Marie Schubert. “Through the revolutionary tool of Investigative Genetic Genealogy, this serial rapist and murderer was not only identified and brought to justice but will spend the rest of his life in prison.  It is my sincere hope that today brings healing to victims, their families and communities harmed by the atrocious crimes committed by Joseph DeAngelo.”

“Today, in the eyes of the victims, and the loved ones of those murdered by this vicious defendant, I saw the exception to the rule: justice delayed is justice denied,” said Santa Barbara County District Attorney Joyce Dudley. “Today I saw justice and it was brought to all of us by the tenacity of Sacramento DA Anne Marie Schubert and her extraordinary team.”

“The crimes committed by the defendant in Tulare County were never eligible for the death penalty based on the law in 1975. It is important to note that he will be sentenced to the maximum for those crimes,” said Tulare County District Attorney Tim Ward. “It would be incorrect to describe today’s events as ‘closure.’  The countless victims in this case will still feel the pain of tragic loss – loss of family, loss of innocence, loss of ever feeling safe again – because of the terror inflicted by the defendant. I am proud to stand with these victims, whether they are from Tulare County or elsewhere, to see justice move forward.”

“Today’s hearing marks a tremendous moment in the lives of dozens, if not hundreds, of California citizens who were direct or collateral victims of this defendant’s crimes. This resolution, brought about by the work of six District Attorneys’ offices, demonstrates the work of law enforcement at its finest,” said Ventura County District Attorney Greg Totten. “In 1980, Ventura County was rocked by the brutal murders of Lyman and Charlene Smith. Initially, evidence was thin and leads proved fruitless. However, for over forty years, law enforcement never gave up. Using the best technology and legal tools available, teams of investigators linked the Smiths’ murders to other murders and rapes around the state, and we put together a rock-solid case against this defendant. This case, to us, is not just the 26 counts we could charge, but also the myriad other crimes this defendant committed where the statute of limitations had run. We left no lead uninvestigated, and we left no victim forgotten. We wish we could have found him sooner. But we are pleased to be able to say today to our Ventura County community and to Joseph DeAngelo’s victims, you no longer have to wonder who did these horrible crimes. He has not just been arrested and charged; he has now admitted he is guilty. His plea today ensures he will spend the rest of his life in prison, and he will die a convicted rapist and murderer.”

Additional background information about People v. Joseph James DeAngelo, including the factual basis for each plea, can be found at www.peopleversusjosephdeangelopressmaterials.com.

Contra Costa District Attorney Becton issues ban on carotid holds by DA’s Investigative Unit

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Legislation also introduced to ban carotid restraints by law enforcement statewide

By Scott Alonso, Public Information Officer, Contra Costa District Attorney

Martinez, Calif. – Today, Contra Costa County District Attorney Diana Becton issued a new policy for peace officers within the DA’s Office to ban the use of the carotid hold technique. The DA’s Office employs peace officers as senior inspectors within the Investigative Unit. The ban is effective as of June 23, 2020.

“The use of the carotid hold has proven to be an unnecessary and deadly police technique and will not be used by members of my Investigative Unit. The risks associated with this technique far outweigh any potential benefit. This important policy change reflects a positive move forward in police community relations and reinforces the continuous need to focus on de-escalation, training, and tactics,” stated Contra Costa County District Attorney Diana Becton.

In addition to Becton’s ban for her staff, earlier this month, in response to the death of George Floyd, Assemblymember Mike A. Gipson (D-Carson) introduced AB 1196, making it illegal to use a carotid artery restraint tactic to forcibly detain a suspect.

The “bill would prohibit a law enforcement agency from authorizing the use of a carotid restraint or a choke hold, as defined,” according to the text of the legislation.

As used in the legislation, “carotid restraint” means a vascular neck restraint or any similar restraint, hold, or other defensive tactic in which pressure is applied to the sides of a person’s neck for the purpose of restricting blood flow to render the person unconscious or otherwise subdue or control the person.

AB 1196 passed the Assembly and is now awaiting hearing before the CA State Senate.

Allen Payton contributed to this report.

Golden State Killer arrested for attacks in late 1970’s in Contra Costa to plead guilty Monday to multiple murders, kidnappings, admit to rapes, more

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By Allen Payton

Golden State Killer suspect Joseph DeAngelo in his arrest photo from August 2018. Photo courtesy of Sacramento County Sheriff’s Office.

A court hearing in the case of the People vs. Joseph James DeAngelo, known as the East Area Rapist and Golden State Killer, will be held in Sacramento on Monday, June 29, 2020. He is expected to plead guilty “to 13 murder and 13 kidnap for robbery counts, as well as admit responsibility for 62 other rapes and crimes that prosecutors say were committed in 11 California counties from 1974 through 1986,” according to the Sacramento Bee. Those include felonies from his alleged attacks of kidnapping during the course of a robbery in Contra Costa County from 1978 to 1979. It is reported DeAngelo’s plea will spare him from the death penalty.

The 74-year-old former Auburn Police Officer was arrested at his Citrus Heights home in August 2018 and the Contra Costa DA’s Office announced that he had been charged with his alleged crimes in this county, that same week. For thos crimes in Contra Costa County DeAngelo could have faced four life sentences plus ten years, if he was convicted. (See related Herald article)

The cases were prosecuted jointly by the Contra Costa County District Attorney’s Office and Sacramento County District Attorney’s Office in Sacramento County. The joint prosecution also included cases from Orange, Ventura, Santa Barbara, and Tulare Counties. An amended complaint, charging crimes from all six counties was also filed in August 2018.

Contra Costa District Attorney Diana Becton will participate in a multi-agency press conference immediately following the hearing, at approximately 3:00 p.m., that day. She will be joined by Orange County D.A. Todd Spitzer, Sacramento County D.A. Anne Marie Schubert, Santa Barbara County D.A. Joyce Dudley, Tulare County D.A. Tim Ward and Ventura County D.A. Gregory Totten.

The court hearing is expected to begin at 9:30 a.m. and will be livestreamed on Sacramento Superior Court’s YouTube for Department 24 linked here. The press conference will be livestreamed on the Sacramento County District Attorney’s YouTube channel linked here. Both the court hearing and the press conference will be held in the Sacramento State Ballroom, large enough to accommodate the over 150 victims, their families and the media and due to the concerns of the coronavirus and need for social distancing.

DA charges former Contra Costa County Clerk Canciamilla with 34 felonies for perjury & grand theft related to campaign accounts

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By Scott Alonso, Public Information Officer, Contra Costa District Attorney

Joe Canciamilla

Martinez, Calif. — Today, Wednesday, June 17, 2020, the Contra Costa County District Attorney’s Office filed a criminal complaint of 34 felonies against defendant Joseph Canciamilla of Pittsburg. Canciamilla is the former Contra Costa County Clerk-Recorder and a former county supervisor and assemblymember. He also created a campaign account for Contra Costa County Superior Court Judge. Canciamilla is also a licensed member of the California State Bar. Canciamilla’s first court appearance will be on July 27 at 8:30 a.m. in Department 31.

Canciamilla is accused of 30 felony counts of perjury for his alleged misstatements on 30 separate campaign disclosure statements (Form 460s). Canciamilla signed these campaign finance statements under the penalty of perjury. The additional four felony counts relate to personal grand theft of campaign funds for his personal use, totaling $261,800.68. The allegations span conduct from 2010 to 2016.

The personal expenditures made by Canciamilla’s campaign committees for the defendant’s own use were for various purposes, such as:

  • 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

All of these campaign statements started initially in 2010 with Canciamilla not reporting investment gains in a campaign bank account. While this practice is permissible, using the proceeds of any stock gains for personal use is prohibited. Canciamilla concealed from his Form 460s the gains and losses associated with this investment account. Ultimately, Canciamilla spent more on personal expenses than the unreported investment gains. He therefore had to then transfer personal funds into this campaign bank account to make up the difference.

“In total, the false statements signed by Canciamilla omitted critical information from the campaign finance disclosures. The information left off these forms left the public in the dark about how a candidate and then county-wide elected official spent campaign funds. Given the recent history of misconduct by various elected officials in Contra Costa County, Canciamilla’s behavior is troubling and he must be held accountable,” stated Contra Costa County District Attorney Diana Becton.

The DA’s Office was notified of possible criminal activity associated with Canciamilla’s campaign accounts in early 2017 by the Franchise Tax Board. The criminal investigation by the DA’s Office included hundreds of hours examining seven different bank accounts held by the defendant. The two primary financial institutions Canciamilla used were Contra Costa Federal Credit Union and Charles Schwab.

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

The statements signed by Canciamilla included various campaign accounts, such as his campaign account for judge (“Friends of Joe Canciamilla for Judge 2012” and campaign account for clerk-recorder (“Joe Canciamilla Canciamilla for Contra Costa County Clerk/Recorder”). See related articles on this matter, here and here.

 

Contra Costa District Attorney Diana Becton issues statement on murder of George Floyd

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By Scott Alonso, Public Information Officer, Contra Costa District Attorney

Contra Costa District Attorney Diana Becton. From CCC website.

Today, Contra Costa County District Attorney Diana Becton issued a statement regarding the murder of George Floyd:

“I am heartbroken and horrified by the murder of George Floyd and the other unjust deaths of Black men and women in this country. As the chief law enforcement official of Contra Costa, I took an oath to ensure justice for everyone under the law. The fight for justice does not end at the borders of our County or in our communities. We all have a responsibility to speak out against and eradicate injustices wherever we find them. The officers responsible for the murder of George Floyd must be held accountable.

The right to peacefully assemble and protest are a vital part of the fabric of this nation, and the majority of participants have been peaceful and even inspiring. I am disappointed that the righteous marches and gatherings are being infiltrated and hijacked by a small minority of people with other agendas. The individuals who are exploiting the pain, and the cause of so many in our community by committing acts of violence and destruction will be held accountable. We must not let the acts of the detractors deter us from the issue at hand. We must never stop working to eradicate racism and bring about systematic change throughout all systems, especially in our criminal justice system. I will continue to fight for criminal justice reform not only just in Contra Costa but throughout this nation.”

Contra Costa District Attorney, others want to prevent police unions from contributing to DA candidates during elections

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Call on state bar to create a new ethics rule claiming it “would help restore the independence, integrity, and trust of elected prosecutors by preventing them from taking donations from police unions.”

“They’re trying to hamper pro-law enforcement candidates who will run against them” – law enforcement official (who chose to remain anonymous)

Contra Costa District Attorney Diana Becton. From CCC website.

SAN FRANCISCO – Today, Monday, June 1, 2020, in the wake of mass protests following the killing of George Floyd by a Minneapolis police officer, a coalition of current and former elected prosecutors representing millions of Californians in diverse counties banded together to call on the California State Bar to cure the conflict of interest created by police unions’ outsized influence in local elections.  The new rule would explicitly preclude elected prosecutors – or prosecutors seeking election – from seeking or accepting political or financial support from law enforcement unions. (Read letter, here).

“The legal representation of an accused officer is generally financed by their law enforcement union,” said Contra Costa District Attorney Diana Becton.  “It is illogical that the rules prohibit prosecutors from soliciting and benefiting from financial and political support from an accused officer’s advocate in court, while enabling the prosecutor to benefit financially and politically from the accused’s advocate in public.”

“District Attorneys will undoubtedly review use of force incidents involving police officers,” said San Francisco District Attorney Chesa Boudin. “When they do, the financial and political support of these unions should not be allowed to influence that decision making.”

“When videos emerge like the one depicting the killing of George Floyd or Ahmaud Arbery, the damage it does to the entire criminal justice system cannot be overstated,” said former San Francisco District Attorney George Gascón. “That damage, however, is further compounded by delays in the condemnation, arrest, and charging of the involved law enforcement officers. These feelings, these protests, and the pain we’re seeing, would not be as raw and widespread if we had seen police held accountable by local prosecutors quickly and with regularity.  An important step in curing this pain is curing the conflict of interest that gives, at minimum, the appearance that police do not face consequences swiftly – or at all – due to the proximity and political influence of their union.”

“We have a tremendous amount of work ahead of us to restore trust in our profession, but trust must be earned, it cannot be demanded,” said San Joaquin County District Attorney Tori Verber Salazar.  “The first step to earning that trust back is ensuring the independence of county prosecutors is beyond reproach.”

Prosecutors are in a unique position of having to work closely with law enforcement and simultaneously evaluate whether crimes have been committed by these same officers.  Recent events involving police misconduct in which prosecutors either delayed or failed to file charges have shined a light on the importance of prosecutors making decisions regarding law enforcement officers’ conduct without any undue influence or bias.  Yet when prosecutors initiate an investigation or prosecution of an officer, the law enforcement unions often finance the legal representation of the accused officer. Prosecutors who have received an endorsement from the entity that is funding the defense of the officers being investigated or prosecuted creates, at a minimum, the appearance of a conflict of interest for elected prosecutors.

By precluding elected prosecutors—or prosecutors seeking election—from seeking or accepting political or financial support from law enforcement unions, the State Bar will reduce the presence of conflicts of interest and ensure independence on the part of elected prosecutors.  This proposal also aspires to help reestablish community trust in the integrity of prosecutors at a time when national events have damaged that trust.

For more information, follow #CureTheConflict.

In response, the following questions were sent to Becton’s public information officer, Scott Alonso:

“Is she saying that currently a prosecutor cannot solicit and benefit from financial and political support from an attorney representing a police officer accused of a crime while in court or during the court case? But the police officer’s attorney can support the prosecutor financially and politically when not in court or during the court case?

Please clarify who the accused is in her comment about the ‘accused’s advocate’. I assume it’s the same accused officer she refers to twice before in her comment. But, not sure.

Also, are she and the rest of the DA’s willing to forgo any financial contributions from criminal defense attorneys and public defenders? How about no financial support from any organization and only from individuals who live within their counties? How far should this go to ensure fairness in prosecutions? Isn’t this really one-sided? Also, if the police unions have so much influence in our county and they all backed Becton’s opponent in the last election how did she still win? Isn’t she in effect attempting to violate the free speech rights – which political campaign contributions have been defined as by the courts – of the police unions?

June 2 UPDATE: Alonso responded with, “Any questions about political contributions I cannot answer as a public employee. You would need to direct those to DA Becton’s campaign.”

This reporter then emailed him, “Please pass on my questions to DA Becton. I’m not asking you to answer them. I’m asking for her to.”

Alonso responded, “Her statement speaks for itself. Not sure what else to provide. Her reference to the advocate is the law enforcement union.”

A further email was sent to him with, “Her statement and the effort is clearly one sided and doesn’t answer my questions that I emailed you. Did you pass on my questions to her?  If not can you, please? I really don’t want to have to write that she’s refusing to answer them. Surely neither you nor she expects the media to just run press releases on controversial matters unchallenged and without question.

Thanks for the partial answer to my one question. But it still doesn’t clarify what she’s saying in that quote. How would a prosecutor solicit and benefit from financial and political support of a law enforcement union in court? I seriously don’t understand that.

I really need to hear back from her on the questions I sent. I don’t want to just write she refused to respond.”

Alonso responded with, “With all respect we do answer your questions. Your comment that this ‘effort is one side’ is odd. Not sure what you mean by that. There are standards in place for prosecutors in terms of receiving or benefitting from opposing defense counsel. This is outlined in the letter that you were provided. In terms of any questions on donations I cannot answer that as I have said.”

This reporter further responded by email with, “Yes, in the past you’ve answered my questions and I appreciate that. But I’m talking about this press release on a very controversial, political issue, which is rare if not the only one I recall ever receiving from you.

About the effort being one sided, that’s because all the DA’s and former DA quoted in the press release are attempting to silence one side in the political battle for who should be elected DA. Diana wasn’t backed by any of the police unions in the county, if I recall. They backed her opponent, DDA Paul Graves. Now she’s trying to prevent police unions from contributing to her potential opponents in future elections in effectively silencing their voice during a political campaign. Yet, I don’t see anything in the press release in which she or the other DA’s call for limiting the contributions to candidates from those on the criminal defense side.

Again, I’m not asking you to answer my questions. I’m asking you to pass along my questions to DA Becton, who as an elected official can answer them and should. You sent out on official CCDA letterhead a press release about a political matter. Frankly, that should have gone out on her campaign letterhead if you or she aren’t going to answer questions about it.

Now, please quit being a gatekeeper for her and pass on my questions to her. Another day has passed since you sent me the press release and I still don’t have but one question answered.

I’m trying not to go around you. I do have her cell phone number and have called her before when it was after hours. But I am avoiding calling her. I guess I’ll have to if I can’t get you to simply forward my questions to her.

So, let’s please stop the back and forth. I’m not asking you any questions about a political matter. I’m asking her.”

No response to that email was received.

When reached for comment, Becton said she was in a meeting and to “send questions to Scott.”

Please check back later for any updates to this report and responses from the DA.

Clayton resident charged with arranging to meet a minor girl for sex

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By Scott Alonso, Public Information Officer, Contra Costa District Attorney

Suspect Daniel Steven Paul arrest photo. Courtesy of CCDA.

On Thursday May 21, 2020, the Contra Costa County District Attorney’s Office charged 40-year-old Clayton resident Daniel Steven Paul with multiple violations including attempted lewd acts with a minor, unlawful communications with a minor and arranging to meet a minor for sex.

In early May, 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 making contact with 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.

Paul remains in the custody of the Contra Costa County Sheriff. His bail is currently set at $250,000. Paul will make his first court appearance in Superior Court on May 22, 2020.

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, San Ramon, 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.

Since the COVID-19 shelter-in-place order went into effect, law enforcement from around the United States have noted a significant increase in the number on 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 take steps to both monitor their child’s online activity and having 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. Paul, Docket Number 01-193687-1

DA: Enough evidence against Danville karate coach for sex crimes against children to go to trial

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Will remain in custody while awaiting trial

Ramon Pruitt. Photo by Danville PD.

By Scott Alonso, Public Information Officer, Contra Costa District Attorney

Martinez, Calif. – On April 21, 2020, the Honorable Patricia Scanlon found there to be enough evidence against defendant Ramon Pruitt (63-years-old) during his preliminary hearing for his case to proceed to trial. In total, Pruitt is facing eight felonies counts for sex crimes against children. Judge Scanlon agreed with our Office’s request to keep Pruitt in custody as he awaits trial. He is in custody on $500,000 bail. (See related article)

Pruitt of San Geronimo, California is a local karate instructor and operated Danville Karate International. The Contra Costa County District Attorney’s Office is working closely with the Danville Police Department on the case.

The criminal investigation into Pruitt’s activities associated with Danville Karate International is ongoing. There may be additional victims in addition to the two victims associated with the criminal charges in this case. Anyone with information should contact the Danville Police Department Detective Daniel Lynch at 925-314-3711.

Pruitt’s alleged offenses occurred as far back as 2013 and as recently as January of this year. The preliminary hearing conveyed evidence involving two male victims, both minors at the time of the allegations.

Case information: People v. Ramon Pruitt, Docket Number 01-193129-4.

Sheriff, DA asked to make exception for jailing, prosecuting man with machete arrested by Brentwood Police Saturday morning

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Security camera video screenshot of Adam Scott Ortega with what appears to be a machete on Saturday morning, April 11, 2020. Posted on Facebook by resident and victim Voltaire Apse.

Cited for misdemeanors and released, after menacing family twice in the same night; “We’ll get it submitted to the DA” – Brentwood Police Chief Tom Hansen 

By Allen Payton

In an effort to get the man put in jail, who Brentwood Police arrested early Saturday morning for vandalism after menacing a family outside their front door, twice and once with a machete at 4:00 a.m., and stealing their security cameras, the Contra Costa District Attorney’s office said they will consider the case once the police send it to them.

“We are still filing cases but only if they are serious or violent felonies and certain misdemeanors, like domestic violence,” wrote Scott Alonso, Public Information Officer for the Contra Costa District Attorney on Thursday, “Brentwood PD can bring the case over to us for a filing decision. They have a year to do so if it is a misdemeanor and three years for a felony. For this instance, they did not bring the case over for our review given the ongoing crisis and impacts on the court. Since March 30 we have been able to file only the most serious cases.”

“We are working well with our justice partners to reduce the threat of COVID-19 among our jails,” he continued. “We are doing the following with our partners (Sheriff, Public Defender, Probation and Courts): Delayed the prosecution of non-violent crimes and other crimes which do not impact Public Safety; Identified and released elderly and vulnerable inmates whose release does not impact Public Safety; and Arranged the early release of inmates with less than 60 days left to serve in their sentences.”

Later Saturday morning, the homeowner, Voltaire Apse, posted a comment to the Brentwood Police Facebook page along with a screenshot of the surveillance video of the man, showing a scene that appeared to be straight out of a horror movie, which was shared on social media and with the Herald late Tuesday night. Apse explained the frightening ordeal he and his family experienced.

A KTVU Fox 2 news report on Wednesday showed the surveillance video of the man approaching the residents’ front door with a machete in hand and stealing the surveillance cameras. The report claimed the man wasn’t taken to county jail due to COVID-19 concerns and was merely cited for misdemeanors and released.

Then according to a KPIX CBS 5 news report on Thursday, the Brentwood Police explained why they had only charged the man with misdemeanors of vandalism, for stealing the family’s security cameras and slashing one of the tires on their car, citing and then releasing him. That’s because they weren’t aware the man had a machete, since the homeowner hadn’t shared that information.

Screenshots of security camera video of suspect Adam Scott Ortega on the porch of Voltaire Apse’ home, early Saturday morning, April 11, 2020 without a machete visible in his hand. Photos posted by BPD on their Facebook page Thursday, April 16.

“We didn’t know about the machete until later,” said Brentwood Police Chief Tom Hansen Thursday evening.

The suspect’s name is Adam Scott Ortega.

“We know this guy. He’s a regular,” the chief stated. “That was a poor Channel 2 news report that people weren’t going to jail (because of COVID-19). The picture was scary. We arrested him.”

“Even if it wasn’t COVID-19, possession of a machete isn’t a crime,” Hansen explained. “You have to brandish or assault someone with it. It was a misleading story that got everyone worked up. That’s why I got on it, this morning. I got messages out to the city council. We put it out on our Facebook page.”

“The county chiefs talked to the sheriff, today and we talked about these kinds of cases,” he shared. “The sheriff is very supportive of the chiefs, as is the DA. We’ll get it sent to the DA. We have to meet certain elements of crime in order to arrest and charge someone. We didn’t recover a machete. We don’t know if he wasn’t using it to pry off something. He stole some stuff. It looks like a machete. He didn’t threaten anyone. He did scare some people. I would have been scared, too if he came to my house.”

Asked if the case was sent over to the DA’s office, Hansen replied, “not today, but it will go over with the misdemeanors. I’m hoping with the information that I released, today that it didn’t take 15 minutes to get there, it took five minutes, then it took a minute and 30 seconds to get there (the second time), it will help alleviate some concern in the community.”

The post on the Brentwood Police Department’s Facebook page reads as follows:

“We are receiving a lot of feedback about a story on social media and the local news that has raised concerns with some in the community. And, that response is understandable given the partial information that has been reported.

The story involved a suspect, holding a machete, who was on the front porch of a Brentwood home, who vandalized the property, and ultimately was arrested and cited by our officers for a misdemeanor and not taken to county jail.

But, there is a key element missing from this story.

As far as our officers were concerned when they responded that morning, there was no machete. Nor was there any reason to think a machete was part of this incident. The homeowner did not report that the man had a machete. The photos from the video surveillance the homeowner provided did not show the suspect holding a machete. When officers found the suspect, he wasn’t holding a machete.

The photos attached to this post are the images the officers saw that morning.

It was only on the NEXT DAY that we were provided a new portion of the video by the homeowner showing the suspect holding a machete.

It was clearly a traumatic night for the homeowner and his family. Often times, in situations like this, important information does not come out immediately and, given the dramatic nature of these events, that’s not unreasonable.

At the time, what our officers were confronted with was a suspect that had knocked on the homeowner’s door shortly after 2 AM, was seen on-camera wearing a mask and looking into cars, he slashed a car tire, and had damaged and removed two security cameras.

Officers responded within five minutes but the suspect was not there. He did return to the home at around 4 AM, and this time our officers, responded in one minute and found the suspect near the home.

All of the stolen items, which were returned to the homeowner, were valued at $300. Under state law this is petty theft, a misdemeanor. He was arrested but released with a notice to appear in court. This is how petty theft and vandalism investigations are currently handled.

If the officers had information at the time about a machete, it could have altered the outcome of the investigation and arrest. This new evidence will be delivered to the District Attorney’s Office for further consideration of additional charges.

In addition, we are working under this new directive provided by Sheriff Livingston to all Contra Costa Police Agencies:

‘The highest risk of exposure and spread of the virus will come from arrestees brought into the facility. Therefore, the Office of the Sheriff will only be accepting arrestees charged with felony on-view crimes and warrants, domestic violence related misdemeanors, and restraining order violations. We ask all arresting agencies make reasonable efforts to limit the number of transports to the Martinez Detention Facility by exercising authority to cite release in the field in lieu of transporting and booking. If exceptions to this policy become necessary, please have your on-duty supervisor or watch commander contact the jail supervisor or sheriff’s office watch commander to discuss.’

We have received several questions as to how we would allow an armed person with a machete get away.

We hope this provides an understanding of what we did, and why, given the information we had at the time.

Sometimes the law can be very frustrating and confusing, but know that we will always do our utmost to provide our community with the best service possible.”

Apse responded to the post by the Brentwood Police in a post on his own Facebook page, Thursday evening, writing:

“After the officers left (that would be approximately between 4:30-5am) I took time to review my video footage. That was when I saw the suspect holding the machete and was attempting to get inside the house. (Banging on the door). Right after this, I downloaded the video footage, and sent it via text message right away to the responding officer. I sent the message exactly at 6:48 am. She did not respond to me. This is not the NEXT DAY.

This was just a couple of hours after the incident. I even called her once around 10am, she did not respond. So, I called BPD exactly at 10:15am. I was told that the only person who can help was the responding officer herself. So, whoever answered the phone transfered [sic] me to the responding officers voice mail. Around 6:45pm, she was calling me and left a voice message stating that she received the video I sent earlier that day.

So, that means, she acknowledged that I informed her about the machete, on the same day. Eventually, late that evening, I was able to talk on the phone with the responding officer and she said she will add the machete incident to the case.”

Reached for comment about the incident on Wednesday night, Brentwood Mayor Bob Taylor said he would call the police chief Thursday morning, and Councilwoman Claudette Staton said she would call District Attorney Diana Becton on Thursday, as well.

“The Chief of Police got right on it,” Taylor said on Thursday. “He heard from the city manager. He covered every detail of what we were upset about. He did a recap of what happened, and he took action where it was appropriate” and now the case is going to be sent to the DA’s office.

“There’s even more to the story. The Sheriff’s Office wouldn’t take him,” Taylor added. “And they’re letting out the criminals. I don’t want them to catch the virus. But, meanwhile I’m in an 8 by 12 cell, myself.”

“I put a call into District Attorney Diana Becton, today,” said Councilwoman Staton. “DA Becton told me she’s aware of the incident but that it will have to be brought to her for her to consider it. It hasn’t been brought to the DA’s office, yet.”

Jimmy Lee, Director of Public Affairs for the Contra Costa County Office of the Sheriff was asked Wednesday night if Sheriff David Livingston would make an exception in this case and put the man in jail.

He responded Thursday evening, “I have not heard back from him, yet.”

However, Livingston can’t make a decision until the case has been sent to the DA’s office and they decide to file charges against Ortega. Then the sheriff can decide if he will make an exception to the COVID-19 situation and put the suspect in jail.