Contra Costa Herald

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

El Cerrito woman identified as inmate who died at Martinez Detention Facility Saturday

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Arrested for domestic violence by El Cerrito Police Friday night

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

The investigation into yesterday’s in custody death is ongoing. Per the in custody fatal incident protocol, the investigation is being conducted by the Contra Costa County District Attorney’s Office and the Office of the Sheriff.

The inmate is identified as 36-year old Maria Barraza of El Cerrito. She was arrested by the El Cerrito Police Department for domestic violence and booked into the Martinez Detention Facility at about 10:39 PM on April 12, 2019.

The next morning at about 3:31 A.M., Deputy Sheriffs responded to the women’s holding area in Intake and found that a female inmate, later identified as Barraza, had apparently hanged herself inside the bathroom

Medical staff at the jail responded immediately and began life saving measures. The fire department and an ambulance also responded. Barraza was pronounced deceased at the scene.

An autopsy is planned for tomorrow, Monday, April 15.

DA’s office, Supervisors celebrate National Crime Victims’ Rights Week, April 7-13

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The Contra Costa County District Attorney’s Office, in commemoration of National Crime Victims’ Rights Week (NCVRW), April 7-13, 2019, is raising awareness about crime victims’ issues and rights and introducing the community to the important resources and services available. On Tuesday the Contra Costa County Board of Supervisors presented a proclamation in recognition of National Crime Victims’ Rights Week. The DA’s Office then hosted a recognition ceremony to honor the awardees of National Crime Victims’ Rights Week.

The awardees for this year’s recognition are as follows:

  • Special Courage: Juliann Marlang
  • Making a Difference: Sarah Alpert
  • Above and Beyond: Jesse Gregory
  • Victim Advocate: Sandra Guiterrez-Banales
  • Support Staff: Laura Muro
  • DA Investigations: Senior Inspector Rick Rivera
  • Attorney: Deputy District Attorney Alison Chandler
  • Law Enforcement: Detective Joseph Nunemaker
  • Probation Officer: Nancy Kenoyer

During the week, the District Attorney’s Office is honoring champions in advocating for expanded support and services to communities affected by crime.

  • Thursday, April 11, 6:30 p.m. vigils in two locations: 2151 Salvio Street, Concord (Family Justice Center) and 65 Civic Ave, Pittsburg (Pittsburg City Hall)
  • Saturday, April 13, 5:30 p.m. Survivors Speak National Healing Vigil, 2621 Shane Drive, Richmond (Sojourner Truth Church)

This year’s theme – Honoring Our Past. Creating Hope for the Future. – encourages commemoration, honor, and respect toward the crime victim advocates, allied professionals, and selfless volunteers who have courageously worked for increased rights for crime victims. The theme also invites us to look toward a future of inclusive, accessible, and innovative resources and services for survivors.

For additional information about this year’s National Crime Victims’ Rights Week and how to assist victims in your community, please contact our office at 925-957-8650 or visit www.contracostada.org.

For additional ideas on how to support victims of crime, visit OVC’s website at www.ovc.gov.

Retired fire captain arrested for committing multiple lewd acts upon a child

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Occurred in Contra Costa County years ago. Out on $1 million bail Wednesday morning.

By Allen Payton

According to a Facebook post by the Placer County Sheriff, “Tuesday afternoon, detectives with the Placer County Sheriff’s Crimes Against Persons Unit arrested Gerald Norman Fogel, 57, of Foresthill at his residence. Fogel was arrested for ten counts of Committing a Lewd Act Upon a Child Under 14-years old.

Sheriff investigators learned of the abuse which occurred numerous years ago in Contra Costa County. Working with the Contra Costa County District Attorney’s Office, detectives obtained an arrest warrant from Contra Costa County and a Placer County search warrant.

Fogel was booked into the Contra Costa County Jail with a bail of $1,000,000. He is a former Fremont firefighter and former volunteer Fire Captain for the Foresthill Fire Protection District.

As of Wednesday, Fogel was able to bail out and a concerned resident contacted the Herald stating that Fogel is living in Concord within a short distance of three elementary schools and a child care center.

Please check back later for updates to this report.

DA Becton announces end of backlog of untested sexual assault kits

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

On Tuesday, March 12, 2019, District Attorney Diana Becton and staff attended an event in New York City to announce the end of the backlog of untested sexual assault kits in Contra Costa County. These results come from the Contra Costa County District Attorney’s Office participation in the Manhattan District Attorney’s Sexual Assault Kit Backlog Elimination Grant Program, a three-year grant program to test sexual assault kits.

Our Office was one of 32 grantees funded, totaling $1,841,535 to test 1,246 kits since 2015. The testing of these kits allowed for DNA evidence to be uploaded to the national DNA databank to assist in investigations and identify offenders.

“We partnered with 24 law enforcement agencies in our community to erase the backlog of sexual assault kits in Contra Costa County,” said Becton. “I want to express my gratitude for our partners working with our office to end the backlog. Testing these kits can help bring closure and justice to sexual assault victims. We are going to continue working on this issue to ensure we never have a backlog in our community again.”

To ease the burden of testing these kits, through this grant our Office collected the untested kits from participating agencies and sent the kits to Sorenson Forensics in Utah. The collaboration between Sorenson Forensics, the Contra Costa County Sheriff’s Crime Lab and our Office allowed for a more efficient process of testing these kits.

Due to state law in California, law enforcement agencies have mandated reporting timeframes to test these kits. If an agency chooses not to test, they have to substantiate their reasons to the California Department of Justice. Our Office will continue to monitor the progress of all agencies in Contra Costa County to ensure state law is followed and no kits remain untested.

Overall, the Manhattan District Attorney’s program tested 55,242 kits and resulted in 18,803 DNA profiles uploaded into the Federal Bureau of Investigation’s Combined DNA Index System (CODIS). Locally, the results here for our kits were:

  • 1,246 kits DNA tested (1978 to 2016)
  • 182 DNA profiles entered into CODIS
  • 122 Confirmatory hits
  • 51 Offender hits
  • 8 Cases reopened for further review by law enforcement agencies
  • Full compliance of all participating agencies

Charges filed against El Sobrante murder suspect

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

The Contra Costa District Attorney’s Office has filed formal charges against Jorge Ortega Campos in connection with the killing of Michael Bagwell in El Sobrante in January. (See related article).

On January 26, 2019, at about 12:22 PM, Deputy Sheriffs were dispatched to a report of shots fired with a man down in the intersection of Jasmine Court and Jasmine Way in El Sobrante. Deputies arrived on scene and found a man deceased at that location. He suffered from gunshot wounds. The victim was identified as 52-year-old Michael Bagwell of Richmond.

Homicide Detectives from the Office of the Sheriff identified 38-year-old Campos of Richmond/Pinole as the suspect in the killing. Detectives later that day discovered Campos was being held in the Martinez Detention Facility (MDF) on unrelated charges. Apparently, an alert resident called police when he saw Campos acting suspiciously on Mountbatten Court in Concord. That resident was able to detain him until police arrived. At the time, Campos was booked into the MDF on numerous charges including drug possession and parole violation.

Campos is still being held at MDF. His charges now include murder and carjacking in connection with the killing of Bagwell. He is being held without bail.

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

Sacramento man found guilty for 4 counts of murder from 2017 fatal DUI collision in San Pablo

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Screenshots of CBS13 Sacramento new report, Nov. 26, 2017.

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

On March 4, a Contra Costa County jury found defendant Fred Lowe of Sacramento guilty of seven felonies, including the murder of four victims from a collision caused by Lowe on Sunday, Nov. 26, 2017. After the fatal crash, Lowe fled the scene of the incident and was later found by law enforcement officers. Lowe was driving under the influence of alcohol at the time of the crash and he had five prior DUI convictions. Lowe’s blood, drawn four hours after the crash was measured at .19% and an expert testified that his blood alcohol level at the time of the crash would have been approximately .24%. (See related CBS13 Sacramento rews report)

Lowe sideswiped the victim’s Nissan Rogue as he traveled at an unsafe speed east bound on Interstate-80 west of El Portal Drive in San Pablo. After the initial impact from the crash, Lowe’s vehicle forced the Nissan Rogue against the center divider at which point the Nissan Rogue went over the divider into oncoming west bound traffic, where it was hit by two westbound vehicles. Three additional people in those vehicles were treated for serious injuries.

The four deceased victims are Joseph Horn, his father Darryl, Baden Biddle and his father Troy Biddle. Joe Horn’s older brother Jared was the driver of the Nissan Rogue and was only slightly injured. The Biddle Family were relatives of the Horn’s visiting from out of state over the Thanksgiving weekend.

Lowe now faces a maximum sentence of over 125 years to life in state prison. Sentencing will occur on March 29, 2019 in front of the Honorable John W. Kennedy – Department 8 of the Contra Costa County Superior Court in Martinez. Contra Costa County Deputy District Attorney Derek Butts prosecuted the case on behalf of the People. The case originated in the Office’s Homicide Unit.

The tragic loss of life in each of these incidents underscores the very real danger to the citizens of our County when drivers choose to get behind the wheel and drive under the influence of alcohol or drugs. The District Attorney’s Office and the law enforcement agencies of Contra Costa County are committed to ensuring the safety of the public on our roadways and to the prosecution of those who drive under the influence to the fullest extent of the law.

The felony counts against Lowe for his verdict:

  • Count 1, Murder
  • Count 2, Murder
  • Count 3, Murder
  • Count 4, Murder
  • Count 5, Driving Under the Influence of Alcohol Causing Injury Within 10 Years of Two Other DUI Offenses
    • Enhancement 1, Great Bodily Injury
    • Enhancement 2, Great Bodily Injury
    • Enhancement 3, Bodily Injury to More than One Victim
  • Count 6, Driving with a .08% BAC Causing Great Bodily Injury Within 10 Years of Two Other DUI Offenses
    • Enhancement 1, Great Bodily Injury
    • Enhancement 2, Great Bodily Injury
    • Enhancement 3, Bodily Injury to More than One Victim
  • Count 7, Leaving the Scene of an Accident
  • Special Allegation, Prior Serious Felony (Counts 1-4)
  • Special Allegation, Prior Serious or Violent Felony Prior (Counts 1-7)

Case information: People v. Fred Douglas Lowe, Docket Number 05-181540-6

Martinez man sentenced to six years in prison for child molestation

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

On Tuesday February 26, 2019, 21-year-old Martinez resident Aaron Mikkelsen pleaded guilty to one count of child molestation and was sentenced to six years in state prison. The sentence was handed down by the Honorable David E. Goldstein. Through his guilty plea, Mikkelsen admitted that he sexually molested a child under the age of 13 years old, in violation of California Penal Code section 288(a). Mikkelsen will be required to register as a sex offender for the rest of his life.

On October 23, 2018, the Contra Costa County Internet Crimes Against Children Task Force executed a search warrant in Martinez related to Mikkelsen selling child pornography on social media. During the search, investigators discovered evidence that Mikkelsen had sexually abused a child under 13 years old. Investigators located a significant amount of child sexual abuse material on his cell phone and in various social media accounts. (See related article).

“Protecting our children from hands on sexual abuse and online exploitation is a priority for this Office. Individuals who seek to victimize the most vulnerable members of our society will face significant consequences,” said District Attorney Diana Becton.

The investigation was conducted by a 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, Concord and Moraga Police Departments, the Contra Costa County Sheriff’s Office, United States Secret Service, Homeland Security Investigations, the Contra Costa County Probation Department, and Inspectors from the Contra Costa County District Attorney’s Office participate in the task force.

Parents are encouraged to discuss online safety with their children, and can visit the website www.kidsmartz.org or our website for further information.

Case information: People v. Aaron Kurtis Mikkelsen, Docket Number 01-187610-1

Martinez man found guilty of trying to meet minor for sex

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

On February 8, a Contra Costa County jury found defendant William Butte of Martinez guilty as charged of three felonies, including his attempt to meet a 15-year-old girl for sex. Butte communicated with who he thought was a minor on the mobile application Kik on August 24, 2017. Butte interacted with an undercover law enforcement officer after he posted a sexually explicit post on Craigslist, which contained language suggesting an interest in minors.

The undercover officer saw Butte’s Craigslist post in the now-defunct causal encounters section, in which Butte asked for a “naughty little girl” to engage in sex acts with him. During the conversation on Kik, Butte discussed meeting with the minor in-person, shared graphic details of sexual acts and he expressed a desire to have sex with the minor. When the undercover officer told Butte that he was a 15-year-old girl, Butte reacted favorably and asked questions about her sexual experience and history. Butte also invited the minor to his home to watch pornography together.

Butte and the officer discussed meeting in a public place. Upon Butte’s arrival to that agreed upon location, he was subsequently taken into custody and arrested.

Our Office will be requesting Butte serve time in state prison. Based upon the jury’s verdict, Defendant will be required to register as a sex offender pursuant to Penal Code section 290. Sentencing will occur on April 12, 2019 in front of the Honorable Anita Santos – Department 2 of the Contra Costa County Superior Court in Martinez. Contra Costa County Deputy District Attorney Adam Wilks prosecuted the case on behalf of the People. The case originated in the Office’s Sexual Assault Unit.

“Thanks in this case is due entirely to the jurors who sacrificed their time and had to wade through truly disturbing evidence in order to reach a fair verdict. Their service to the community in this case cannot be understated,” said Wilks.

The investigation was conducted by the 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, Concord and Moraga Police Departments, the Contra Costa County Sheriff’s Office, United States Secret Service, Homeland Security Investigations, the Contra Costa County Probation Department, and Inspectors from the Contra Costa County District Attorney’s Office participate in the task force.

Parents are encouraged to discuss online safety with their children, and can visit the website www.kidsmartz.org or our website for further information.

Craigslist shut down the personal encounters section and the section is no longer active.

Concord man found guilty of attempted murder

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

On January 30, a Contra Costa County jury found defendant Guido Ginochio of Concord guilty of two felonies, including the attempted murder of the victim. Ginochio used a firearm to fire two shots into the back of the victim in the evening of February 7, 2017. Hours later, Ginochio used his firearm to fire seven rounds into the Adaptive Learning Center on Clayton Road in Concord. During the shooting into the business, Ginochio was wearing a ballistic proof body vest.

Ginochio now faces a maximum sentence of 34 years to life in state prison. Sentencing will occur on May 3, 2019 in front of the Honorable Laurel Brady – Department 31 of the Contra Costa County Superior Court in Martinez. Contra Costa County Deputy District Attorney Adam McConney prosecuted the case on behalf of the People. The case originated in the Office’s Community Violence Reduction Unit.

“The defendant’s senseless and unprovoked acts of gun violence not only nearly ended the victim’s life, but also endangered the lives of other members of our community,” said McConney. “All credit should be given to the victim, who bravely stood up to the defendant by testifying in court, and the jury for being attentive throughout the trial and ultimately delivering justice.”

Just after 10:00 p.m. on February 7, Ginochio approached the victim outside of the victim’s residence asking if Ginochio could buy marijuana. The victim refused the request and attempted to enter the residence to get away from Ginochio. When the victim attempted to gain access to the residence, Ginochio opened fire and hit the victim twice in the back, nearly killing him.

The felony counts against Ginochio are:

  • Count 1, Attempted Murder

o    Enhancement 1, Personal and Intentional Discharge of a Firearm, Great Bodily Injury

  • Count 2, Discharge of Firearm with Gross Negligence

Case information: People v. Guido Vela Ginochio, Docket Number 05-171306-4.

DA Becton announces second Community Academy Class for Spring 2019

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

District Attorney Diana Becton announces today that the Contra Costa County District Attorney’s Office will launch a second Community Academy class this March. The goal of the academy will be to strengthen community relations and provide residents a better understanding of our criminal justice system.

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

  • 900 Ward Street, Martinez, CA 94553
  • 10 Douglas Drive Suite 130, Martinez, CA 94553
  • 100 37th St. Rm 220, Richmond, CA 94805

Residents can submit the applications to the attention of Janet Era. Applicants may also email DA-CommunityAcademy@contracostada.org with their completed application. The application period ends on February 11, 2019.

The Community Academy will be made up of at least 20 residents of Contra Costa County for a 12-week course held at the DA’s Office in downtown Martinez, 900 Ward Street from 5:30-7:30 p.m. every Wednesday starting March 6, 2019. The Community Academy, which is similar to Citizens’ Academies hosted by many law enforcement agencies, is the only academy of its kind at a District Attorney’s Office in Northern California.

The academy helps underscore the office’s commitment to engaging and educating residents of Contra Costa County. Admitted applicants can expect to learn how cases are filed, the different types of crimes our office investigates and prosecutes, and the work we do not only prosecuting cases but also the community outreach efforts underway to prevent crime and to support children, parents and crime victims.

Presenters for the academy will include deputy district attorneys, investigators, victim advocates, support staff, community-based organizations and justice partners. The comprehensive overview by our office will allow residents to get an in-depth examination and review of the criminal justice system in our community.