Contra Costa Herald

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

Pittsburg woman guilty of embezzlement of nearly $250,000, identity theft from local employers

By Leave a Comment

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

Yesterday, Sept. 5, 2019, 44-year-old Pittsburg resident Jenelle Renee Silva was convicted by a Contra Costa County jury of six felonies, including the embezzlement of $247,456.08 from her former employer Bay Area Washout Systems located in Pittsburg. In addition, the jury found Ms. Silva committed the aggravated, white collar crime enhancements of two or more felonies involving a loss of over $100,000.

The Contra Costa District Attorney’s Office previously prosecuted Ms. Silva for embezzling $80,000 from the insurance company where she worked before Bay Area Washout Systems. Accordingly, she had a prior felony conviction in 2011 for embezzlement at the time of her conduct in this case.

In approximately 2012, Bay Area Washout Systems elevated Jenelle Silva to office manager and she obtained access to the company’s books and records, including the accounting software known as Quickbooks. One of her job duties included printing checks for the partners of the company to sign.

From 2012 through January 2017, she printed additional checks written out in her own name. She traced the managing partner’s signature onto those checks and then deposited them. She also used a company credit card to pay her daughter’s phone bill.

The evidence showed that the defendant tried to delete any evidence of her crimes by removing the records for the checks from Quickbooks entirely or changing the entries to make the checks look like legitimate business expenses. A forensic accountant determined that Silva spent the stolen funds on personal expenses such as groceries, gasoline, Starbucks, and movies.

Silva also was charged with the identity theft of both Bay Area Washout Systems and Thomas Koebel, General Manager for the company, and used it “to obtain, and attempt to obtain credit, goods, services, real property, and medical information” without his consent, according to the charging document, which can be viewed, here: Indictment Silva December 2018  An effort to reach Koebel for comment was unsuccessful prior to publication.

Deputy District Attorney Jeremy Seymour of the Special Operations Division prosecuted the case on behalf of the People. Sentencing is set for October 18 at 1:30 p.m. before the Honorable Judge Castellanos. Jenelle Silva faces up to five years in state prison for this conduct.

Case information: People v. Jenelle Silva, Docket Number 05-182401-0

Allen Payton contributed to this report.

Walnut Creek man indicted by Contra Costa Grand Jury for child porn possession

By Leave a Comment

William Cashell arrest photo. Courtesy of Johnson County, KS Sheriff.

William “Will” Cashell. Photo from his Facebook page.

Martinez, Calif. – Yesterday, Tues., August 27, 2019, a grand jury indictment was unsealed against defendant William Cashell, a 44-year-old resident of Walnut Creek, California and Johnson County, Kansas. He was indicted for two counts of possession of child pornography.

Cashell appeared in Martinez, California for an arraignment in Department 263 before the Honorable David Flynn. Cashell pleaded not guilty to the charges alleged in the indictment. Cashell remains out of custody on his own recognizance. Deputy District Attorney Scott Prosser is the prosecutor assigned to the case on behalf of the People. DDA Prosser is with our Sexual Assault Unit.

On May 2, 2019, investigators from the Internet Crimes Against Children Task Force served a warrant at Cashell’s residence after it was discovered he was storing child pornography in his e-mail account. Investigators also located child pornography on a smartphone belonging to Cashell. Cashell was initially charged in a criminal complaint on June 11, 2019 and remained at large until July 20, 2019 when was arrested in Johnson County, Kansas and extradited back to Contra Costa County.

The Silicon Valley Internet Crimes Against Children Task Force is managed by the San Jose Police Department. In Contra Costa County, detectives and investigators from the Walnut Creek, Concord and Moraga Police Departments, the Contra Costa County Sheriff’s Office, Contra Costa County Probation Department and Contra Costa County District Attorney’s Office participate in the task force along with Special Agents from the United States Department of Homeland Security and the United States Secret Service.

Parents are encouraged to discuss online safety with their children and can visit the website www.kidsmartz.org for further information. If you believe your school or community organization would benefit from a smartphone and social media awareness presentation, please contact the District Attorney’s Office at DA-Commentary-Feedback@contracostada.org.

Case information: People v. Cashell Docket Number 05-191603-0

Concord man found guilty of first degree residential burglary

By Leave a Comment

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

Last week, defendant Curtis Hill, a 59-year-old Concord resident, was convicted, by a Contra Costa County jury, of first degree residential burglary. On August 16, 2019, the jury returned findings that the Defendant had been convicted of three prior strike offenses – two prior residential robberies and a residential burglary. In his prior residential robbery conviction, he committed great bodily injury on a person over the age of 60.

The charges stem from the evening of August 3, 2018, when Hill entered the victim’s Concord home. He selected jewelry from a bedroom in the home and then fled the scene. Later that same evening, he was arrested by the Concord Police Department.

Hill has a long history of theft, violence, and disorderly conduct in the downtown Concord area. His behavior has made him a longstanding nuisance and danger to the residents of Concord and law enforcement in the area.

This conviction constitutes a third strike for the defendant. He is next in court on September 27, 2019, to set a sentencing before Judge Christopher Bowen.

Deputy District Attorney Chris Sansoe prosecuted the case on behalf of the People. DDA Sansoe is assigned to our Office’s Victims of Violent Crime Unit. The trial lasted 14 days in Department 40 before Judge Bowen.

Case information: People v. Curtis Lee Hill, Docket Number 05-181909-3

Concord man sentenced to 70 years to life in prison for molesting girl

By Leave a Comment

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

Last Friday, Contra Costa County Superior Court Judge Lewis Davis sentenced defendant John Benny Gomez of Concord to 70 years to life in state prison. Last year, a jury found defendant Gomez guilty of nine felonies, including the molestation of a female victim, Jane Doe, under the age of 10.

The criminal conduct by Gomez also included forcible oral copulation against Jane Doe and showing the victim pornographic images on his phone. The District Attorney’s Office does not disclose the age or victim’s name in a sexual assault case to protect the confidentiality of the victim.

The criminal conduct occurred in January 2018 at a residence in Concord. The defendant was in a position of trust with the victim. He committed the attack in a remote location at the residence and used force multiple times against Jane Doe. Fortunately, a mandated reporter at the victim’s school conveyed the attack to authorities, which promoted a criminal investigation.

The case was prosecuted by Deputy District Attorney Diana Weiss with the Office’s Sexual Assault Unit. Concord Police Department was the lead law enforcement agency during the investigation. The trial lasted 24 days in June and July of 2018.

“The victim in this case is an innocent young girl. She did not ask for this. She was incredibly brave during this entire process. The defendant continues to this very day to not show any remorse or admit any responsibility for the horrific crimes he committed. I also want to express my deep appreciation for the jury in this case. The jurors heard ample evidence that the defendant was the sole person responsible for his criminal conduct,” said DDA Weiss.

Case information: People v. John Benny Gomez, Docket Number 05-180331-1

 

Richmond man pleads guilty to first degree murder from 2015 shooting

By Leave a Comment

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

On Tuesday, Aug. 6, 2019, Seth Sears a 39-year-old resident of Richmond, CA, pled guilty to first degree murder during his trial for the 2015 killing of victim Neil Akin. Sears will be formally sentenced on September 27 before the Honorable Judge Charles Burch in Department 23 of the Contra Costa County Superior Court in Martinez. Sears in his pleading also admitted to using a firearm during the murder. He is expected to receive 25 years to life in state prison.

“The defendant pled guilty as charged to the first degree murder of Neil Akin, and further admitted that he personally used and fired the weapon that killed Mr. Akin. We hope that the defendant’s full admission of responsibility will help the victim’s family find closure after four long years,” Contra Costa County Deputy District Attorney Satish Jallepalli stated. DDA Jallepalli prosecuted the case and is assigned to our Office’s Homicide Unit. DDA Alison Chandler and DDA Colleen Gleason also prosecuted the case for our Office.

In September 2015, the victim’s body was found deceased in Oakland with a gunshot wound to the head.  Days earlier, the defendant shot Akin and left his body initially in the defendant’s apartment in Richmond. Sears wrapped the body in trash bags and used silver tape to bind the bags together to try to conceal the body. He rented a white van in El Cerrito and used the van to transport the body from his apartment to Oakland. Surveillance video in Oakland showed a similar white van in the vicinity of where the body was found.

Fortunately, a witness came forward to report that Sears had invited her over after the murder while the victim’s body was still in his apartment, and implored her to help him dispose of the body. She refused to help him cover up the crime and later met with the Richmond Police Department to describe what she had seen.

Case information: People v. Seth Rumi Sears, Docket Number 05-171844-4

Walnut Creek man, former Seeno Construction executive found guilty of embezzlement, filing false tax returns

By Leave a Comment

Created shell company, funded expensive lifestyle and gambling losses

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

This past Friday, a Contra Costa County jury found defendant Edward Miller of Walnut Creek, California guilty as charged of four felonies tied to his criminal schemes to embezzle money from his employer Seeno Construction, Inc. and its affiliated entities. Miller was the former Chief Risk Officer for the Seeno Companies at the time of his criminal conduct.

Miller created a shell company to funnel funds held in trust from law firms representing the Albert Seeno Construction Company into his own personal accounts, using phony invoices to request that the law firms send him checks payable to a secret company he created. In turn, Miller claimed company expenses to hide the income and to avoid paying income taxes on the money he was collecting. Additionally, Miller used some of this money meant for the Seeno Companies to support his lifestyle at golf resorts and to account for his gambling losses. He spent this money at multiple casinos in Reno and Las Vegas.

“White collar crime is inherently complex, and this jury was willing to tackle a thorny body of evidence that wasn’t always straightforward,” Deputy District Attorney Adam Wilks stated. “This jury had to follow money moving across multiple bank accounts, and had to listen to testimony about issues of civil litigation, business formation, and interpersonal dealings within a corporate structure. The verdict in this case speaks volumes about our community, and specifically to those who sacrificed their time to be on this jury, have the sincere thanks of the Contra Costa County DA’s Office.”

Sentencing will occur later this fall in front of the Honorable Rebecca Hardie in Department 5 of the Contra Costa County Superior Court in Martinez. DDA Wilks prosecuted the case on behalf of the People. The case originated in the Office’s Special Operations Division, Real Estate Fraud Unit.

Case Information: People v. Edward Leroy Miller, Docket Number 05-180254-5

 

Delano man sentenced to life in state prison for sexually abusing Antioch girl

By Leave a Comment

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

Last week, Donaciano Rodriguez a 66-year-old resident of Delano, California, was sentenced to 94 years to life in state prison for sexually abusing a minor in Antioch. His sentence was determined by the Honorable Judge Laurel Brady in Department 31 of the Contra Costa County Superior Court in Martinez.

The jury in this case found Rodriguez guilty of 11 felonies ranging from oral copulation, sexual penetration with a child 10 years old or younger and forced lewd acts upon a child. Deputy District Attorney Bryan Tierney with our Sexual Assault Unit prosecuted the case on behalf of the People. The trial occurred in late June and lasted eight days. Our Office would like to extend gratitude for the Antioch Police Department for their work investigating the case.

“The victim in this case and her family were very cooperative during the investigation and trial. Without their help there would be no justice. The defendant committed heinous crimes against Jane Doe that will forever impact her. I am thankful that the jury followed all the evidence and held the defendant accountable,” DDA Tierney stated.

In 2017, Jane Doe bravely came forward to the police to report the assaults which occurred years earlier. The victim reported that the defendant repeatedly assaulted her and threatened her if she came forward to authorities. Antioch Police continued the investigation and the defendant was eventually arrested later that year in Kern County. He has remained in custody since his arrest.

When the defendant was arrested by police, he admitted he molested the minor multiple times. He even demonstrated to the investigators what he did to Jane Doe. The attacks against Jane Doe occurred in multiple locations in Antioch.

Case information: People v. Donaciano Rodriguez, Docket Number 05-182336-8

 

Antioch foster father and son charged with sexual abuse of multiple children

By Leave a Comment

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

Earlier this month, the Contra Costa County District Attorney’s Office charged defendant Simon Chavez, a 64-year-old resident of Antioch, California and his son Simon Magana Chavez, 31-year-old resident of Atwater, California for the sexual abuse of multiple children and unlawfully having sex with a minor.

The elder Chavez was a foster father at his home in Antioch with Contra Costa County’s Children and Family Services. Overall, he fostered young children under his care for at least 18 years.

Simon Chavez entered a not guilty plea to the 63 felonies on July 16 in the Pittsburg Superior Court before the Honorable Leonard Marquez. Chavez is in custody at the Martinez Detention Facility and his bail is $31.5 million.

Chavez’s son, Simon Magana Chavez was arraigned this past Friday in the Pittsburg Superior Court. He pleaded not guilty to the complaint. The younger Chavez is charged with multiple felonies and misdemeanors related for crimes against two children, including lewd acts against a child and unlawful sex. As recently as 2018, Simon Magana Chavez was a correctional officer with the state of California. The bail for Simon Magana Chavez is $1.23 million.

Both cases are assigned to Deputy District Attorney Diana Weiss with our Office’s Sexual Assault Unit.

Our Office does not release how a victim may know a defendant in a sexual assault case as well as the age or name of a victim to protect their confidentiality.

The investigation is ongoing and active. Members of the public with information about the case should call Antioch Police Detective Kelly Inabnett at 925-779-6932.

Case information: People v. Simon Chavez, Docket Number 04-197245-4; People v. Simon Magana Chavez, Docket Number 04-197264-5.

DA charges two with murder in beating death of Bay Point man

By Leave a Comment

Suspects from Antioch, Bay Point

By Jimmy Lee, Director of Public Affairs, Contra Costa County Office of the Sheriff

Two suspects involved in a homicide and assault with a deadly weapon case in Bay Point that occurred on Thursday, July 18, 2019 have been formally charged with murder by the Contra Costa D.A.’s Office. Detectives from the Contra Costa County Office of the Sheriff Investigation Division presented their case to the D.A.’s Office on Thursday, July 25, 2019.

Both suspects remain in custody at the Martinez Detention Facility. 20-year-old Abel Garcia of Antioch, who was arrested on July 18, 2019, is held being held on murder, conspiracy, assault with a deadly weapon, and robbery charges. 24-year-old Erick Ruiz of Bay Point was arrested Friday, July 19, 2019. He is being held on the same charges. Both are being held without bail.

On Thursday, July 18, 2019, at about 9:09 PM, Muir Station Deputy Sheriffs were dispatched to a suspicious circumstance in the area of Riverside Drive and Mariners Cove in Bay Point. The caller stated that there was a man who appeared to be beaten in the street. Deputies arrived and found an unresponsive man in front of a home on the 200 block of Riverside Drive. The victim was taken to a local hospital where he was later pronounced deceased. He is identified as 38-year-old Johnny Burns of Bay Point. Later at about 9:21 PM, Deputy Sheriffs responded to a report of an assault with a deadly weapon on the 2700 block of Willow Pass Road in Bay Point. The victim was later treated and released from a local hospital.

The suspect vehicle and suspect descriptions were broadcast to law enforcement agencies in the area. The Concord Police Department later located the vehicle. Deputies responded to that location and took custody of Abel. An arrest warrant was issued for the Ruiz, who was arrested the next day.

The investigation is ongoing. Anyone with any information on this case is asked to contact the Office of the Sheriff at (925) 646-2441 or Investigation Division at (925) 313-2600. For any tips, email: tips@so.cccounty.us or call (866) 846-3592 to leave an anonymous voice message.

 

Four convicted in organized auto insurance claims fraud ring for theft of over $100,000

By Leave a Comment

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

On Monday July 15, 2019, defendants Cornelius Salmer, Antoinette Green, Benisha Seldon, and Jonnie Gilbert pleaded guilty to insurance fraud for their roles in an organized fraud ring. The defendants submitted fraudulent auto insurance claims in excess of $100,000 to insurance companies using multiple vehicles and stolen identities.

Salmer pleaded no contest to six felonies, including three counts of filing a false insurance claim in violation of Penal Code section 550(a)(1) and three felony counts of identity theft in violation of Penal Code section 530.5. Contra Costa County Superior Court Judge David Goldstein sentenced him to three years in prison and ordered him to pay $63,217.26 of restitution pursuant to the terms of the plea.

Seldon and Green each pleaded no contest to two felonies for filing a false insurance claim in violation of Penal Code section 550(a)(1) and identity theft in violation of Penal Code section 530.5. Judge Goldstein sentenced Seldon to three years of formal probation and 180 days of jail and ordered her to pay $32,597.02 restitution pursuant to the plea terms. Judge Goldstein also sentenced Green to three years of formal probation and 180 days of jail and ordered her to pay $19,414.17 restitution.

Gilbert pleaded no contest to a single count of receiving stolen property as a misdemeanor and received a sentence of two years’ probation, 30 days jail, and $2,450.52 of restitution pursuant to the terms of the plea agreement.

The case originated with a referral from the analysts at the National Insurance Crime Bureau that triggered a joint investigation by the California Department of Insurance, the California Highway Patrol, and the Contra Costa County District Attorney’s Office. Investigators linked multiple insurance claims to the defendants and identified a corridor of suspected mail theft along the Interstate 5 freeway by locating and interviewing the identity theft victims. The investigators traced the money from the fraudulent claims to identify and arrest the charged defendants for this fraud conspiracy.

Deputy District Attorney Greg Chiarella prosecuted the case. DDA Chiarella is assigned to our Auto Insurance Fraud Unit.

The District Attorney’s fraud units investigate and prosecute all forms of insurance fraud, including false claims activity, organized fraud rings, health care provider fraud and kickback schemes, industry insider fraud, and employer premium fraud. You can report suspected insurance fraud by email to DA-ReportFraud@contracostada.org.