Contra Costa Herald

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

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.

D.A. charges ConFire EMS Chief with embezzlement and possession of controlled substances

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Richard P. Stephenson

Due to the investigation by the Martinez Police Department, the Contra Costa County District Attorney’s Office charged 50-year-old Martinez resident Richard P. Stephenson with two felonies for embezzlement and two misdemeanor charges of possessing a controlled substance. 

The embezzlement charges relate to

Stephenson stealing controlled substances belonging to the Contra Costa County Fire Protection District in order to support his personal drug addiction. 

An arrest warrant in the amount of $50,000 was issued on January 9, 2019.  Stephenson was arraigned at the Contra Costa County Superior Courthouse on January 10, 2019, the next court date is February 26th.

The charges filed against Richard Stephenson include:

  • Count 1, Embezzlement by Public or Private Officer – Felony
  • Count 2, Embezzlement by Clerk, Agent or Servant – Felony
  • Count 3, Possession of Fentanyl – Misdemeanor
  • Count 4, Possession of Midazolam – Misdemeanor

Case information: People v. Richard Paul Stephenson, Docket Number 01-188454-3

Former school food service contractor, San Pablo man charged with possession of child porn

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Francisco Perez. Photo by CCCSheriff

The Contra Costa County District Attorney’s Office has charged 34-year-old San Pablo resident Francisco Perez with three felonies, including the possession of over 600 images of child pornography. 

In November 2018, the Contra Costa County Sheriff’s Office and the Internet Crimes Against Children Task Force executed a search warrant based on a tip that law enforcement received from the National Center for Missing and Exploited Children via Google. The tip from Google revealed that a user was storing files that contained possible images of child pornography. (See related article).

Perez was working at the San Domenico School in San Anselmo, California in Marin County. Perez gave a false name and Social Security number to obtain employment from a company contracted to make and serve food to the children at the school. 

Perez was arraigned in Richmond at the Contra Costa County Superior Courthouse on January 4, 2019. The next court date for this case is scheduled for January 24, 2019.  The case will be prosecuted by Deputy District Attorney Bryan Tierney with the Sexual Assault Unit.

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.

The charges filed against Perez include:

·         Count 1, Possession of Over 600 Images of Child or Youth Pornography – Felony

·         Count 2, Possession of Child or Youth Pornography – Felony

·         Count 3, Possession of Child or Youth Pornography – Felony

Case information: People v. Francisco Perez, Docket Number 02-329167-1.

Contra Costa County launches Human Trafficking Task Force with $1.2 million federal grant

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

Contra Costa County recently received $1.2 million under the Federal Office for Victims of Crime (OVC) to establish a new Human Trafficking Task Force. Under the three-year grant from OVC, $500,000 is going to the Employment and Human Services Department (EHSD) for victim services and $700,000 goes to the District Attorney’s Office. This federal grant will assist both departments in developing this multidisciplinary task force that will implement victim-centered and coordinated approaches to identify victims of sex and labor trafficking through services and investigating and prosecuting these trafficking cases.

The Task Force will be an enhancement of the Contra Costa County Rescue and Restore Coalition (commonly referred to as the Human Trafficking Coalition) that was jointly formed with the Office of the District Attorney, EHSD and other partners in 2009 to address human trafficking in our county and the greater Bay Area. The Task Force’s “core team” will be co-chaired by Assistant District Attorney Venus D. Johnson and the Director of the Alliance to End Abuse Devorah Levine to ensure effective and efficient collaboration between investigation and prosecution and victim support and services.

To further combat trafficking in the county, District Attorney Diana Becton recently created a Human Trafficking Prosecution Unit within the District Attorney’s Office, which will be staffed by a dedicated sex trafficking prosecutor, Deputy District Attorney Dana Filkowski.

“Our law enforcement partners will be able to focus on the growing problems associated with human trafficking in our community with this task force,” Becton stated. “We know that sharing confidential information and conducting complex investigations is challenging and resource intensive. However, with this new framework, we can prosecute those perpetrators who often times go unnoticed and provide comprehensive services to victims of trafficking. We have to keep raising awareness with the public and our law enforcement partners about the real threats that human trafficking poses to Contra Costa County.”

The Human Trafficking Task Force of Contra Costa County will be a collaboration of local, state and federal law enforcement agencies working together with victim service organizations to; 1) better identify all types of human trafficking victims; 2) enhance investigation and prosecution of all types of human trafficking; 3) address the individualized needs of all identified human trafficking victims by linking them to comprehensive services; 4) enhance awareness of human trafficking among law enforcement and service providers, as well as within the broader Contra Costa community; and 5) improve trauma-informed practices for human trafficking victims within law enforcement and victim service providers.

Task Force partners on the law enforcement side, headed by the Contra Costa County District Attorney’s office, will include agencies such as the U.S. Attorney’s Office, the F.B.I. and local law enforcement agencies. Task Force partners on the victim service side, headed by Contra Costa County’s Alliance to End Abuse, include Calli House Youth Shelter (Contra Costa Behavioral Health Services), Community Violence Solutions, Bay Area Legal Aid, International Rescue Committee, and STAND! For Families Free of Violence.

Contra Costa County is a natural corridor for human trafficking activities with its linkage to major metropolitan areas like Oakland and San Francisco via public transportation (BART) and its accessibility to Los Angeles and Sacramento via major highways such as 680, 80 and 5 (via Hwy 4). Though human trafficking is illegal, victims often do not know where to turn for help and community members may not know where to report suspicious situations.

The Contra Costa Human Trafficking Task Force, in partnership with the Contra Costa Human Trafficking Coalition will be working with local agencies to raise awareness about human trafficking in Contra Costa County throughout the month of January. The FBI has identified California as one of the nation’s top destination states for trafficked persons.

Concord restaurant owner found guilty for failing to provide Workers’ Compensation Insurance

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

On December 18, a Contra Costa County jury found defendant David Michael Bufano guilty of violating California Labor Code for failing to provide workers’ compensation insurance for his employees. Bufano is the owner and operator of Grant Street Pub & Pizzeria in Concord and has at least 18 employees. Additionally, the jury found Bufano violated state law when he violated a stop work order issued by the Department of Industrial Relations.

Bufano was sentenced to two years of court probation and fined $10,000 by the Honorable Charles Burch in Department 23 at the Contra Costa County Superior Court in Martinez. Under the Labor Code, the fine is paid to the California State Treasury to the credit of the Uninsured Employers Fund. Contra Costa County Deputy District Attorney Caleb Webster prosecuted the case behalf of the People for this misdemeanor jury trial. DDA Webster is assigned to the Office’s Special Operations Division in the Workers’ Compensation Fraud Unit.

In July 2018, the District Attorney’s Office filed a criminal complaint against Bufano. The criminal filing stemmed from a joint enforcement strike force operation with the District Attorney’s Office, Department of Industrial Relations’ Labor Commissioner’s Office and Employment Development Department. Inspectors from these agencies conducted surprise inspections at Contra Costa County restaurants during the summer of 2018. These restaurants were suspected of deliberately evading the obligation to provide workers’ compensation insurance to employees.

“The jury verdict in this case underscores the importance we must place on actively protecting employees in the workplace. All too often, employees first discover their employers lack the appropriate coverage after injuries occur and the employees are stuck with medical bills to pay. Employers need to follow the law and protect their staff,” stated DDA Webster.

Bufano’s restaurant was cited on June 25 and a stop work order was issued by the Labor Commissioner until he could provide proof of workers’ compensation insurance. The very next day, Bufano’s employees were back at work at his direction in violation of the stop work order. On June 27, a follow-up inspection revealed that the restaurant remained open for business and employees were present working. Bufano still had not obtained workers’ compensation insurance at the point of the follow-up inspection. He was cited by the Labor Commissioner and fined $6,000.

“This conviction demonstrates that employers who cheat their workers — whether of wages or the protections of workers compensation — will not get away with it,” said California Labor Commissioner Julie A. Su. “The victims of such practices are not just working people but law-abiding employers and we will do everything in our power to level the playing field.”

Willful failure to provide the insurance is punishable by substantial fines and misdemeanor criminal prosecution. Employees that do not know whether they are covered can check their employer’s notices board or ask a manager. Labor Code section 3550 requires an employer to post a notice identifying the current insurance at a conspicuous location.

Anyone with information about employers who dissuade employees from filing claims after they are injured, lie to a workers compensation insurance carrier about who is employed and what jobs they actually do, or fail to provide workers’ compensation insurance coverage at all, can report that information to DA-ReportFraud@contracostada.org. Labor Code section 1102.5 prohibits an employer from retaliating against an employee who reports a violations of a California statute, rule, or regulation to a supervisor or government agency.

The misdemeanor counts against Bufano are:

  • Count 1, Failure to Obtain Workers’ Compensation Insurance Coverage
  • Count 2, Failure to Observe Stop Order

Case information: People v. David Michael Bufano, Docket Number 01-186535-1.

Oakley teen at college in Texas extradited back to Contra Costa County, now faces felony child porn charges, as well

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

On Wednesday, Dec. 12, 2018, the Contra Costa County District Attorney’s Office filed an amended complaint against defendant Tristan Curl, which had additional felony charges for the distribution of child pornography and advertising of and distribution of child pornography. Curl, a resident of Oakley, California and a student living in Austin, Texas, was extradited on Tuesday, Dec. 11 back to Contra Costa County by the Sheriff’s Office. A Contra Costa County Superior Court Judge approved the extradition of Curl from Travis County Jail.

Curl is a student at St. Edwards University. Wednesday afternoon Curl was arraigned in the Pittsburg Superior Court and he entered a not guilty plea. He remains in custody on $500,000 bail.

The case against Curl is ongoing and there may be additional victims related to the distribution or creation of pornography involving students in Contra Costa County. Anyone with information about Curl’s alleged activities please contact Oakley Police Department Officer Casey Minister at 925-625-8855.

Originally, on November 28, our office filed criminal charges against Curl for school threats at Freedom High School and for threatening a school administrator. (See related article) Curl now faces a total of 10 felony counts.

Case information: People v. Curl, Docket Number 01-187978-2