Contra Costa Herald

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

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

Pharmacist charged with robbing local pharmacy in Danville

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Pharmacist Jonathan Szkotak.

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

The Contra Costa County District Attorney’s Office charged defendant Jonathan Szkotak with one felony count of second-degree robbery. On April 3, 2018, Szkotak allegedly went to a CVS pharmacy in Danville where he brandished a firearm at the pharmacy staff and demanded specific pills. Szkotak is a registered pharmacist with the California Board of Pharmacy. He works in Alameda County for the Alameda Alliance for Health.

Szkotak allegedly approached the pharmacy counter wearing a blue surgical mask and displayed a firearm. Given that he used a gun during the course of the robbery, our office charged Szkotak with a firearm enhancement.

CVS reported to the Drug Enforcement Agency a loss report of Clonazepam and Buprenorphine. In total, 17 tablets of Clonazepam were missing and 57 tablets of Buprenorphine (three different brands) as a result of the April 3rd robbery. Upon Szkotak’s arrest, the police found a quantity of crushed Buprenorphine in the defendant’s wallet.

Szkotak’s court appearance is January 14, 2019 in Martinez. He is out of custody on a $200,000 bond.

He was charged with the following: Second Degree Robbery –  Enhancement 1, Personal Use of a Firearm

Case information: People v. Jonathan Szkotak, Docket Number 01-187866-9.

Oakley teen charged with making criminal threats, stalking and threatening a school official

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Arrested in Texas, awaiting extradition back to Contra Costa County

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

On Wednesday, November 28, 2018, the Contra Costa County District Attorney’s Office charged 19-year-old Tristan Amir Curl, a resident of Oakley, California and a student living in Austin, Texas, with six felony counts of making criminal threats, one felony count of stalking and one felony count of threatening a school official.

The charges are a result of a two-month investigation by the Oakley Police Department, District Attorney’s Office and Federal Bureau of Investigation (FBI) into a series of threats on social media. In September, several underage females were contacted by an unknown person on social media who was threatening to rape and kill them.

The same subject threatened to shoot students at Freedom High School in Oakley and then threatened to murder the school principal. Investigators subsequently identified Curl as the suspect and obtained an arrest warrant for him, which was approved by a Superior Court Judge in Contra Costa County.

On November 20, 2018, Curl was arrested in Austin, Texas where he attends college. The Contra Costa County District Attorney’s Office had a senior inspector in Austin to assist the Oakley Police Department with the arrest and collection of forensic evidence.

Curl remains in the custody of the Travis County, Texas Sheriff’s Department while awaiting extradition back to Contra Costa County. The Austin Police Department and FBI provided substantial assistance with the investigation.

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

Man found guilty of animal cruelty for dog attack on calves in Contra Loma Regional Park

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

On October 31, a Contra Costa County jury found defendant Vinicio Santos of Antioch guilty of three misdemeanors, including animal cruelty. On December 1, 2017, Santos’ dog attacked the three calves owned by grazer Paul Daysh. The brutal attack left the three calves permanently injured.

Santos now faces a sentence of up to three years in county jail. Sentencing for Santos will occur on November 30 by the Honorable Leonard Marquez in Department 34 at the Contra Costa County Superior Court in Pittsburg. Restitution for Daysh will also be decided on November 30. Contra Costa County Deputy District Attorney Whitnee Goins prosecuted the case on behalf of the People for this misdemeanor jury trial.

“I am grateful the jury held the defendant accountable for his crimes. He ignored repeated orders from East Bay Regional Parks Rangers to control his dog. Consequently, these calves needlessly suffered serious injuries. We will continue to prosecute animal cruelty cases to ensure the public is protected and animals are cared for in a humane manner,” DDA Goins stated.

Santos and his dog were at the Contra Loma Regional Park in Antioch on December 1, 2017. Santos’ dog was not on leash when spotted by park rangers. After rangers saw Santos, they heard animals in distress. When the rangers connected again with Santos they saw the white Husky mix dog viciously attacking one calf, then moving to attack two more calves. Santos was told repeatedly to leash his dog and bring the dog under control. Santos ignored the rangers’ commands.

Santos was found guilty of the following misdemeanor offenses:

·         Animal Cruelty

·         Vandalism Over $400 Damage

·         Resist, Obstruct, Delay of Peace Officer

Case information: People v. Vinicio Arturo Santos, Docket Number 04-193968-5.

Martinez man charged with child molestation and production, distribution and selling child pornography

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On Thursday October 25, 2018, the Contra Costa County District Attorney’s Office charged 21-year-old Martinez resident Aaron Kurtis Mikkelsen with multiple felony violations including committing lewd acts with a minor under 13, producing child pornography, as well as selling and distributing child sexual abuse material online.

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 located 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.

Mikkelsen will be arraigned in Martinez at the Contra Costa County Superior Courthouse this morning. Mikkelsen remains in the custody of the Contra Costa County Sheriff’s Office on $500,000 bail. Deputy District Attorney Jeffrey Kolko is prosecuting the case on behalf of the People.

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. Mikkelsen, Dockett Number 01-187610-1

Contra Costa DA, police agencies to hold Family Violence Prevention Forum Thursday, Oct. 25 in Antioch

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On October 25, the Contra Costa County District Attorney’s Office along with our justice partners, is hosting a community forum and resource fair which will address what family violence looks like in Contra Costa County, what Contra Costa County’s response is to family violence and how law enforcement responds to family violence. Victims may feel conflicted about reporting violence in the home or may not be aware of the wide range of resources in our community that can respond to, intervene in and work to prevent these issues and keep our families safe.

32.9 percent of California women and 27.3 percent of California men experience physical violence, sexual violence and/or stalking in their lifetimes. In 2016, the National Domestic Violence Hotline received over 28,000 calls from California and nearly one-third of these had children in the home. Research has shown that only 4 percent of domestic violence murder victims nationwide had ever availed themselves of domestic violence program services. Our goal is to increase that number by letting our community members know how to get help right here in Contra Costa County.

The event will occur in Antioch at the Antioch Water Park (4701 Lone Tree Way) starting at 5:00 p.m. with the resource fair. Community members will receive a “passport” to use when visiting providers at the resource fair and will be eligible for prizes if they collect a “stamp” from each provider. A blue ribbon panel of experts from many levels of our County’s family violence response system will address the audience at 6:00 p.m. and be available for questions. After the panelists finish, the resources fair will be continue until 8:00 p.m. Food and drinks will be provided.

 Victims of family violence can get help by reporting the conduct to the police, by calling the STAND! for Families Free of Violence 24-hour toll free crisis line at 1-888-215-5555 or contacting the Family Justice Centers in Richmond (256 24th St.) or Concord (2151 Salvio St., Suite 201). In any life-threatening emergency, victims should always call 911. In 2019, a new Family Justice Center location will open in Antioch to serve East County residents.

The entire program will be moderated by KTVU’s Candice Nguyen. Panelists will include:

·         Dana Filkowski, Contra Costa County District Attorney’s Office

·         Rhonda James, STAND! For Families Free of Violence

·         Devorah Levine, Contra Costa Alliance to End Abuse

·         Kevin McAllister, Rainbow Community Center

·         Nicole Riddick, Pittsburg Police Department

·         Jason Vanderpool, Antioch Police Department

The participating agencies are as follows: 

·         Antioch Council for the Teens

·         Antioch Police Department

·         Bay Area Rapid Transit

·         Brentwood Police Department

·         Brentwood Union School District

·         Catholic Charities of the East Bay

·         Community Violence Solutions

·         Contra Costa Family Justice Centers

·         Contra Costa County District Attorney’s Office

·         Contra Costa County Employment and Human Services Department

·         Contra Costa County Sheriff’s Office

·         International Rescue Committee

·         Mexican Consulate

·         Oakley Police Department

·         Ombudsman Services of Contra Costa, Inc.

·         Opportunity Junction

·         Pittsburg Police Department

·         Planned Parenthood

·         Rainbow Community Center

·         Rubicon Programs

·         Ruby’s Place

·         STAND! For Families Free of Violence

·         Tourette Association of America

·         Village Community Resource Center

 October is National Domestic Violence Awareness month.

 

East County transient man convicted of felony vehicular manslaughter in 2017 Hwy 4 fatal crash

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Crash in Pittsburg on Oct. 4, 2017 took life of Discovery Bay woman

On October 2, a Contra Costa County jury found defendant Frank J. Newkirk, a 26-year-old transient, guilty of gross vehicular manslaughter. The victim, Theresa Frazer, was killed on October 4, 2017 during the morning commute on Highway 4 in Pittsburg. Newkirk was driving westbound on Highway 4 in a 2004 Chevy Tahoe in the slow lane when the incident occurred.

Newkirk now faces a sentence of up to six years in state prison. According to the D.A.’s Office Public Information Officer Scott Alonso, “Newkirk was a transient and his last known address according to court documents was Discovery Bay. But he lived all over including Bay Point and may have lived in Antioch at the time of the crash.”  Contra Costa County Deputy District Attorney Aron DeFerrari prosecuted the case behalf of the People for this felony jury trial. Sentencing for Newkirk will occur on November 16 by the Honorable Barry Baskin in Department 7 at the Contra Costa County Superior Court in Martinez.

On the morning of October 4, 2017, Newkirk was driving his girlfriend’s 2004 Chevy Tahoe without a license and careened into Frazer’s Nissan Sentra. Frazer was driving her friend to work when the accident occurred. The impact of the crash spun the Nissan around and crushed the vehicle. In total, five cars were impacted by Newkirk’s crash into Frazer.

California Highway Patrol investigated the crash and found Newkirk was traveling at an unsafe speed between 54 to 61 miles per hour in traffic with cars slowed in front of him due to an unrelated accident. Evidence gathered by CHP showed the vehicle’s brakes were never activated before the crash. Newkirk also did not take his foot off the throttle. Newkirk’s collision led to the unfortunate death of Frazer, a 47-year-old mother of three children. Restitution for this case will be determined at a later date.

Traffic collisions can cause very serious injuries and even result in fatalities. According to the California Office of Traffic Safety, traffic fatalities are increasing, totaling 3,623 in 2016 and serious traffic injuries are on the rise.

Earlier this year our office filed the following counts against Newkirk:

  • Count 1, Vehicular Manslaughter – Felony
  • Count 2, Driving Without a License – Misdemeanor

Case information: People v. Frank J. Newkirk, Docket Number 05-181281-7.

Golden State Killer suspect charged with four felonies from alleged attacks in Contra Costa County

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Golden State Killer suspect Joseph DeAngelo. Photo courtesy of Sacramento County Sheriff’s Office.

All cases to be prosecuted in Sacramento County

Martinez, Calif. – The Contra Costa District Attorney’s Office announced today, Tuesday, August 21, 2018 that Joseph DeAngelo, the 72-year-old Citrus Heights man suspected of being the East Area Rapist/Golden State Killer, is charged with four felonies from the alleged attacks in Contra Costa County from 1978 to 1979. DeAngelo could face four life sentences plus ten years for his alleged crimes of kidnapping during the course of a robbery in Contra Costa County if he is convicted.

The Contra Costa D.A. announced that these cases will be prosecuted jointly by the Sacramento County District Attorney’s Office in Sacramento County. This joint prosecution includes cases from Sacramento, Orange, Ventura, Santa Barbara, Tulare and Contra Costa Counties. An amended complaint, charging crimes from all six counties was filed today in Sacramento County Superior Court. A copy of the amended complaint is available here. (See counts 23-26 on pages 16-18)

In announcing this decision, District Attorney Diana Becton stated, “The horrific crimes committed by Joseph DeAngelo terrorized the victims and residents of Contra Costa County. For decades he evaded justice and devastated communities across California. Today, I am pleased to announce that four Contra Costa County cases are filed in Sacramento County. As we take another step today toward justice, our office will continue to support the victims and their families through this difficult time.”

DeAngelo now faces 13 felony counts of murder. Special circumstances sentencing enhancements include: multiple murders, murder during the commission of rape, robbery, and burglary, and personal use of a firearm. DeAngelo was charged today in an amended complaint with 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. He faces a minimum sentence of life in state prison without the possibility of parole.

DeAngelo is expected to appear in Sacramento County for his arraignment on Thursday, August 23rd at 1:30 p.m. in Department 61 at the Sacramento County Superior Court.

Watch the video of the press conference by the six District Attorneys on YouTube.

Update on investigation into Saturday’s fatal Hwy 24 collision after suspects flee from officer

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The burned suspect’s vehicle following CHP chase and collision on Highway 24 in Orinda, Saturday, July 21, 2018. Photo by KTVU Fox2 News.

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

The investigation into a fatal single vehicle collision after two suspects fled from an Orinda Police Officer on Saturday is ongoing. The investigation is being conducted by the District Attorney’s Office, Office of the Sheriff and CHP per the county fatal incident protocol.

On Saturday, July 21, 2018, at about 9:02 AM, an Orinda Police Officer attempted to conduct a traffic stop on a Nissan Altima for vehicle code violations in the area of St. Stephens Drive and Tahos Road in Orinda. As the officer approached the vehicle, it fled at a high rate of speed leading the officer on a pursuit. The suspect vehicle entered westbound Highway 24. The officer lost sight of the suspect vehicle and later came upon a single vehicle collision involving the car on Highway 24 near the BART station.

First aid was rendered to the two occupants of the vehicle. They were taken to a local hospital, where one was pronounced deceased. He is identified as 20-year-old Lawrence Mar-tin of Oakland.

The other occupant of the vehicle, 20-year-old Danny Lockett of San Francisco, was arrested for felony evading causing death and a probation violation. He is being held without bail at the Martinez Detention Facility.

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