Contra Costa Herald

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

Contra Costa school board member Belle denied diversion program, continues to fight DA prosecution for ballot statement lie

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By Allen Payton

Jeff Belle, source Contra Costa County Board of Education

Jeff Belle, source Contra Costa County Board of Education

County School Board Member Jeff Belle, who has been charged and is being prosecuted for lying on his ballot statement during his 2014 campaign, was denied a request for participation in a diversion program in July.

In his 2014 campaign ballot statement, Belle claimed to have a college degree, but he didn’t at the time.

In July, he filed a motion to compel diversion. Belled wanted to enter a new Contra Costa District Attorney program designed to divert people from the criminal justice system. However, the DA’s office filed a response and turned him down.

Belle then requested the court to demand that the DA comply with his request, but it was also declined.

A pre-trial conference to discuss a resolution of the case was scheduled, but Belle’s attorney was unable to attend. So, it was postponed eight weeks at Belle’s request, until sometime in late September or early October.

He continues to fight the charge over which he has plead not guilty and faces trial. The maximum penalty Belle faces is a $1,000 fine and no jail time. It’s a fine only misdemeanor.

Attempts to reach Belle for this article were unsuccessful.

For more information about this case, please see the articles here and here.

Contra Costa DA files charges against man who stole from 90-year-old woman, two other victims

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Arrested at Walnut Creek church, investigations into other possible victims

Ward Steven Caldwell

Ward Steven Caldwell

The Contra Costa District Attorney has filed three felony counts of grand theft by fraud and one felony count of Elder Financial Abuse against Ward Steven Caldwell, also known as Bruce Harmon, also known as Bruce Goodrich, age 55. Caldwell is also charged with penalty enhancements for losses exceeding $150,000 and an aggravated white collar enhancement for committing financial crimes on two or more people with total losses over $100,000. Additional charges are pending after several more victims were discovered.

In September 2015, Caldwell befriended the first victim, a widowed hairdresser, by portraying himself as a successful investor and promising to double her money. Caldwell told her that he had a business partner named Junior in Las Vegas who invested in strip joints, casinos and TV commercials. Over a three-month period in 2016, the victim gave Caldwell a total of $139,500.

The second victim met Caldwell at a car wash in Walnut Creek. Caldwell struck up a conversation about the car she was driving and offered to help her sell her first car. Caldwell convinced her to invest $30,000 in a business deal where investors would buy a Bugatti Chiron and sell it for a large profit.

The third victim is a 90-year-old woman from Lafayette. She met Caldwell at the Grace Presbyterian Church in Walnut Creek. The victim thought Caldwell was an honest person because she read in the church newsletter that Caldwell had donated $150,000 to the church. In reality, Caldwell had given the pastor two checks totaling $150,000 and told him to hold the checks until Caldwell told him that he had received some settlement money that would make the checks good. The elderly victim gave Caldwell a total of $171,200.

DA Investigators and accountants found that Caldwell had used the investment money for personal expenses and none of it went to any investments. They also found two potential victims in Contra Costa, Alameda County and one victim in Butte County.  Those cases are under investigation.

Defendant was arrested last Sunday at the Grace Presbyterian Church and is being held in custody on a $505,000 bail. The District Attorney’s office believes there may be other victims at the church and defendant may have befriended other elders living at assisted living facilities.

If you know of other victims, or assisted-living facilities that Caldwell may have visited, please contact DA Inspector Al Cofer at 925-957-2200.

Burgis endorsed by DA Peterson, Sheriff Livingston, firefighters and deputy sheriffs in campaign for Supervisor

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Today, East Bay Regional Park District Director Diane Burgis, candidate for Contra Costa County Supervisor in District Three, earned the enthusiastic endorsement of the Contra Costa County Deputy Sheriffs Association, Antioch Police Officers Association, Sheriff-Coroner David Livingston and District Attorney Mark Peterson, as well as the endorsement recommendation of the Executive Board of the United Professional Firefighters of Contra Costa County, Local 1230.

“We need tough, principled leadership to tackle the long-standing problem of inadequate fire protection coverage in the county,” said Vince Wells, President of the United Professional Firefighters of Contra Costa County, Local 1230. “Diane Burgis is the only candidate for District Three we can trust to get the job done. She’s not just another politician – she has the proven competence and know-how necessary to improve fire protection services for every East County resident.”

Fire and emergency resources in East County are inadequate, leading to longer response times and lower quality fire and emergency services. Multiple district firehouses have closed due to a lack of proper funding.

“Diane Burgis is uniquely qualified to tackle the challenges our county faces,” said Shawn Welch, President of the Contra Costa County Deputy Sheriffs Association. “Under her watch, Oakley was recognized as one of the safest cities in the state. As a city councilmember, she supported police so that they could do their jobs fighting crime. As a park director, she partnered with law enforcement to make sure every tax dollar was spent wisely.  I and my fellow deputies are proud to stand with her this November.”

The Contra Costa Deputy Sheriffs Association is dedicated to the security and well-being of Contra Costa’s citizens and the protection of its 830+ employees. The United Professional Firefighters of Contra Costa County, Local 1230 includes over 450 firefighters from the Contra Costa County Fire Protection District, East Contra Costa County Fire District and various city fire departments. The Antioch Police Officers Association represents 120 police officers serving in the Antioch Police Department.

“Diane Burgis asks the right questions, listens closely to her constituents and then fights on their behalf,” said David Livingston, Contra Costa County Sheriff-Coroner. “I know I can count on her. She’s not one to pick political expediency over doing the right thing. She’s mastered the issues and demonstrated true skill as a leader, building coalitions and solving problems while putting a high priority on public safety.”

Diane Burgis currently serves as an East Bay Regional Parks District director and is the executive director of the Friends of Marsh Creek Watershed. Previously, she served as an Oakley city councilmember and spent over ten years as a small business owner. She highlights four priorities for her candidacy: improving public safety, attracting economic development, ensuring fiscal accountability and preserving the delta for future generations.

“Diane will work hard to develop the resources our police, firefighters and prosecutors need to keep us safe,” said Contra Costa County District Attorney Mark Peterson. “As a small business owner, nonprofit manager and public official, she has proven that she can balance a budget and defend taxpayers. I endorse her with no reservations – our county needs a real leader on the board.”

Diane Burgis is also endorsed by County Supervisor Mary Piepho, Assemblymember Joan Buchanan and a broad coalition of elected officials and leaders from every city and community in the district.

“I am honored by this extraordinary vote of confidence from our county’s bravest public servants,” said Diane Burgis, Candidate for Contra Costa County Supervisor in District Three. “I pledge to work collaboratively with our firefighters, sheriffs and every district resident to find effective solutions as we work together to improve public safety for all.”

Voters can learn more about her and her platform at www.dianeburgis.com.

Police make arrest, DA files charges in July murder of Antioch man in North Richmond

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Kendrick Barfield

Kendrick Barfield

On Tuesday, July 19th, 2016 at 9:45 PM, Richmond police officers responded to calls of multiple shots fired in the city’s Central District – North Richmond, with a possible victim of a shooting.  Officers arrived and found 32 yr. old Paul King of Richmond suffering from multiple gunshot wounds to his upper torso.  Mr. King was lying in the middle of the roadway in the 200 block of Gertrude Ave. where he succumbed to his injuries.

Homicide Detective M. Castillo along with other detectives responded to the scene and began their investigation.  Detectives learned that the incident was about an argument between Paul King and the suspect.  The disagreement escalated and the suspect shot Mr. King multiple times before he fled from the scene.  Detective Castillo identified the suspect as 39 yr. old Kendrick Barfield of Richmond.

On Friday, July 29th, 2016, Detective Castillo, along with RPD’s Special Investigations Section (SIS) detectives located and arrested Barfield in an apartment in the city’s Southern District.

On Tuesday, August 2nd, 2016, Kendrick Barfield was charged for the murder of Paul King and multiple enhancements.  His bail is set at $5.8 million.

Contra Costa DA determines over half of 2015 Pittsburg Police reports of “suspicious circumstances” incorrectly labeled

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Minimal impact on crime rate

By Allen Payton

In a letter to Pittsburg Police Chief Brian Addington, on Friday, July 15, 2016, Contra Costa District Attorney Mark Peterson informed him that of the 204 reports in 2015 listed by the Pittsburg Police Department as “suspicious circumstances” 103 should have been listed as crimes.

Following a request by Addington seeking an opinion by the District Attorney’s office, one deputy district attorney and one deputy sheriff performed an audit, reviewing each of the reports. They determined that 40 of those 103 reports should have been listed as Part I crimes and 63 as Part II crimes. Part I crimes include murder, non-negligent manslaughter, forcible rape, robbery, aggravated assault, burglary, larceny-theft, motor vehicle theft, and arson.

Peterson’s letter states “Although the police reports listed the applicable crime, apparently your department did not the 103 incidents as crimes to the FBI.”

The reclassification of those crimes, will increase the total Part I crimes the Pittsburg Police Department will have to report to the FBI for 2015, changing the statistics to better reflect the true crime rate in the city.

The letter, however also states, “It should be noted that during the 2015 calendar year, the Pittsburg Police Department wrote 9,975 reports. Thus, the 103 police reports we have discussed are only 1% of all the police reports written that year.”

The result is an increase of 0.5% in reportable Part I crimes and 1% in Part II crimes.

Peterson concluded that “had the 103 Suspicious Circumstances cases been correctly classified as crimes reported to the FBI, there would have been minimal impact on city’s crime rate.”

To read the entire letter and audit, click here: Pittsburg PD 2015 Audit

Contra Costa DA explains why no charges against officer in 2014 Richmond shooting

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On Thursday, July 7, 2016, Contra Costa County District Attorney Mark A. Peterson released a report requested by the Richmond City Council describing the investigation into the death of Richard Perez III who was shot and killed by a Richmond Police Officer on September 14th, 2014. The report also outlines the reasons why criminal charges were not filed against the officer.

For over 30 years Contra Costa County law enforcement agencies have utilized a county-wide protocol to investigate incidents when officers or civilians are shot or killed during law enforcement encounters, or when officers are accused of crimes. The formal process is entitled the “Law Enforcement Involved Fatal Incidents Protocol,” and informally known as the “Protocol” system.

The process was adopted by the county’s Police Chiefs’ Association and the District Attorney’s Office early in the 1980’s, and since then hundreds of “Protocol” cases have been investigated under this approach. The approach has proven to be a very effective means to conduct such sensitive probes and joins a team of District Attorney inspectors with investigators from the involved agency to jointly investigate all such incidents. Their work is overseen by a senior Deputy District Attorney.

Pursuant to the county-wide Protocol, the Contra Costa County Office of the Sheriff/Coroner holds Inquests following virtually every death involving law enforcement officers. These Inquests are open to the public, and are conducted by a private attorney acting as the hearing officer for the Coroner’s Office.  Such hearings are held in front of a jury of citizens randomly selected from the Superior Court jury pool.

The death of Mr. Perez was investigated pursuant to the county’s Protocol. The report is attached which describes the investigation, and the reasons charges were not filed against the officer.

Inquiries concerning the death of Mr. Perez, or the Protocol process can be directed to Deputy District Attorney Barry Grove who oversees the District Attorney’s Protocol team. He can be reached at (925) 957-2200.

Read the complete report, here: CCDA Report on Perez shooting

Contra Costa Deputy District Attorneys endorse Barr for Supervisor

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Steve Barr

Steve Barr

Today, Thursday, July 14, 2016, the Contra Costa County District Attorneys’ Association announced their endorsement of Steve Barr for County Supervisor in District 3.

The District Attorneys’ Association represents more than 75 Deputy DA’s who serve our community as prosecutors in the District Attorney’s office.

Aron DeFerrari, the group’s president, said the decision came down to Steve’s direct and open style, as well as his financial skills.

“Steve is very honest and tells you exactly how it is,” said DeFerrari. “We don’t always agree on everything. But we think his direct and open style is going to make him a great partner as we work on a lot of tough public safety issues.”

“Having a small business owner who understands finances and has a track record of using public money responsibly, was also very attractive to us,” DeFerrari continued. “We don’t have unlimited resources and need leaders who can make sure our public safety officers and prosecutors have enough money to do their jobs effectively. Steve Barr has our full trust.”

Barr said the endorsement was great news.

“Their vote of confidence means a lot and the role of prosecutors play in the county is vital,” he said. “I really look forward to working with them throughout this campaign and beyond.”

Barr, who was the top vote getter in the primary, is currently in the runoff election that will be held November 8th. As a Brentwood City Councilman he has made public safety a top priority, and his campaign already has the support of the Brentwood Police Officers’ Association.

Please visit www.SteveBarrForSupervisor.com for more information about the campaign and www.ContraCostaProsecutors.com for more information about the District Attorneys’ Assocation.

Danville man arrested for distribution of child porn and more, Tuesday

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On July 7, 2016, a Grand Jury in Contra Costa County indicted twenty-seven year old Danville resident Nickolas Robert Thurston on charges he distributed and possessed child pornography, conspired to access protected computer systems and used the identities of multiple women in an attempt to unlawfully gain access to their “cloud” computer accounts.

Following indictment, Danville police arrested Thurston at his home on July 12, 2016 and he is currently in the custody of the Contra Costa County Sheriff with bail set at 1.5 million dollars.  Thurston will make his first appearance in court on July 12, 2016 in front of the Honorable Patricia Scanlon.

The indictment alleges that between January 1, 2016 and May 24, 2016, Thurston conspired with an unnamed co-conspirator to unlawfully access the protected “cloud” accounts of women and girls that he knew in an attempt to gain revealing photographs of them and distributed their personal information in order to further the plan.  The indictment further alleges that Thurston operated a website to distribute child pornography and directly distributed images of a nine-year-old girl engaged in sexual activity via email.

On May 24, 2016, investigators from the Contra Costa County Internet Crimes Against Children Task Force served a search warrant on Buena Vista Drive in Danville.  During the course of that search warrant service, investigators developed probable cause to arrest Thurston and numerous items of evidence were seized from his house.

Thurston has been indicted on two counts of distribution of child pornography in violation of California Penal Code 311.2(c), one count of possession of child pornography in violation of California Penal Code 311.11(a), four counts of identity theft in violation of California Penal Code 530.5(a), three counts of accessing or attempting to access a protected computer system to steal files in violation of California Penal Code 502(c)(1) and conspiracy to commit computer theft in violation of California Penal Code 182(a)(1).

The maximum penalty for the above charged offenses is approximately five years and a requirement to register as a sex offender.  An indictment is an allegation that a crime has occurred and all charges must be proven beyond a reasonable doubt.  All defendants are considered innocent until proven guilty.

Contra Costa DA files grand theft charges against Antioch couple for four-year Ponzi scheme

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The Contra Costa District Attorney has filed eight felony counts of grand theft by fraud and embezzlement against Quyen Tran, age 60, and his wife, Mai Han Tran, age, 56, both of Antioch, for conducting a Ponzi scheme that lasted over four years. The total loss to eight victims was $256,000.

Quyen “Tony” Tran and Mai “Lisa” Tran, made friends with the victims in the Vietnamese church and social community. Mai Tran invited the victims over to her house in Antioch for a social event, but once there, Quyen invited the victims up to his office and told them of his 25 years of investment experience, his investment savvy,  and how he could make a lot of money for them through his investments skill.

He told one victim that he had an inside line on a Pharmaceutical company IPO, that was later found to be non-existent. The victims were impressed by Quyen’s lavish lifestyle and expensive jewelry and cars and his perceived financial acumen and appearance of wealth. Victims believed him when he told them he never lost any money. The investments, primarily in cash, ranged from $4,000 to $156,000 and the agreements were all verbal.

In this classic Ponzi scheme, instead of investing their money, Tran used the victim’s money for personal expenses, and to maintain his lavish lifestyle, and to pay dividends to early investors, in order to keep the illusion that he was making money in order to attract new investors. When some of the victims demanded their money back after receiving nothing after several months, he told them it was a loan, or that the money was generating returns and was locked up and if he returned money it would be taxed at 45% tax rate. He told other victims that he had lost their money and his bank accounts were frozen. When the victims demanded proof that he had purchased stock, he never provided any. Tran did engage in some minor day-trading, but lost money in 4 of 6 years. In the two years that he made a small profit, he never returned any money to the investors. But Tran continued to tell new investors that he never lost any money.

A forensic accountant and an investigator found that there were several victims from years beyond the four year statute of limitations who lost money to Tran, but these victims never went to the police, because of the cultural shame and distrust of the police.

In addition to the eight counts of fraud, both Trans are charged with money laundering, conspiracy, sale of unlicensed securities and a white collar enhancement of stealing over $100,000. The District Attorney also filed a Temporary Restraining Order and a Lis Pendens on the Tran’s residence which has some equity that could be used to pay restitution.

An arrest warrant has been issued for the Tran’s arrest. If you have been a victim of the Trans in the past ten years, please contact Inspector Al Cofer at the District Attorney’s office at 925-957-8761.

DA Peterson, West County Police Chiefs meet to address freeway shootings

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On Thursday, Contra Costa County District Attorney Mark A. Peterson and the West Contra Costa County Police Chiefs Association met to discuss strategies to prevent, investigate, and prosecute freeway shootings in the West County area, and also to review the current efforts to address the shootings.

The West Contra Costa County Police Chiefs and their respective City Managers and City Council members believe that approaching this issue in a collaborative manner is essential.  Prior to yesterday’s meeting, West County Chiefs met regarding the freeway shootings; all six chiefs agreed that with collaboration comes a better understanding of diverse perspectives and that the coordinated efforts of many can accomplish more than the efforts of one or a few separately.

Attending the meeting were chiefs from the El Cerrito, Richmond, San Pablo, Pinole, Hercules, and Kensington police departments, as well as members of the county’s Probation Department, and the Offices of the Sheriff and District Attorney.

Since November 2nd, 2015, there have been 13 shootings on Interstate 80, and one on Interstate 580, for a total of 14 shootings in the western portion of Contra Costa County. Of the 14 shootings, two resulted in the deaths of the occupants of the vehicles. On several other occasions, no one was injured as the shots struck only the vehicles, or missed the intended vehicle occupants and their cars entirely.

To date, the great majority of these freeway shootings are gang related. Many of the victimsand witnesses in these cases have been uncooperative with investigators. The lack of cooperation coupled with the random nature of the shootings makes solving such crimes extremely problematic. Additionally, since the crimes occur at very high speeds, there are very few, if any, percipient witnesses.

Chief Paul Fontana, commander of the California Highway Patrol’s (CHP) Golden Gate Division, has convened several recent meetings of law enforcement executives from throughout Contra Costa and Alameda counties regarding the shootings. In the county, an ad-hoc task force of teams of investigators from the CHP and the Federal Bureau of Investigation’s Contra Costa Safe Streets Task Force respond to all freeway shootings in the county.

The Task Force includes members of the California Highway Patrol, California Department of Corrections and Rehabilitation, Richmond Police Department, Pittsburg Police Department, Antioch Police Department, Concord Police Department, El Cerrito Police Department, Sheriff’s Office, Probation Department, District Attorney’s Office, Federal Bureau of Investigation, and the Federal Bureau of Alcohol, Tobacco, Firearms,and Explosives.

In addition, Deputy District Attorney Barry Grove who has over a decade of experience prosecuting murder cases has been assigned to assist on all freeway shooting investigations; he routinely responds to the shooting sites to provide legal advice and investigative guidance.

In addition to the investigative efforts, law enforcement is working with representatives of the Governor’s Office, the California Department of Transportation, and local mayors and other elected officials to explore the use of other technologies to assist in the effort to stop the shootings. These include the installation of high resolution cameras, gunshot detection technology, and other technologies, on the freeways and the entry/exit ramps.

Preventing freeway shootings, and prosecuting those responsible for them, is one of the top priorities for government at all levels in the county.Nearly a quarter million people travel daily on Interstate 80 in Contra Costa County, and we will do everything possible to ensure their safety.

We are seeking the public’s help on this critical public safety matter. Anyone with information concerning the shootings is encouraged to contactthe California Highway Patrol Investigative Services Unit at (510) 622-4609 or 1-800-TELL-CHP, or your local law enforcement agency.

West County Police Chiefs Association

Hercules Chief of Police Bill Goswick (Chairperson, West County Police Chiefs)

El Cerrito Interim Chief of Police Paul Keith

Kensington Chief of Police Kevin Hart

Pinole Chief of Police Neil Gang

San Pablo Chief of Police Lisa Rosales

Richmond Chief of Police Allwyn Brown

Office of the Sheriff Captain Dan Hoffman, Patrol Division Commander