Contra Costa Herald

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

Former Contra Costa Deputy Sheriff negotiates plea agreement to gun charge, filing false police report, preparing false documents

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Matthew Buckley charged with 6 felonies for actions while serving search warrant in Antioch; former Officer of the Year will serve 3 years & 8 months in prison

By Ted Asregadoo, Contra Costa District Attorney’s Office

Martinez, California – Today, the Contra Costa County District Attorney’s Office reached a negotiated plea against 42-year-old Matthew Allen Buckley, of Pinole, for offenses that occurred when he was a deputy with the Contra Costa County Sheriff’s Office.

Buckley was charged in February 2023 with six felonies and one misdemeanor related to offenses that occurred in 2020 and 2022. In a negotiated disposition, Buckley pled no contest to three felonies, including possession of an illegal assault weapon, filing a false police report, and preparing false documentary evidence [PC30605, PC118.1, and PC134]. Buckley will receive a three years and eight months prison sentence, which he can serve on mandatory supervised release if he successfully completes a six-month drug rehab program.

The case began in September 2020 when Buckley, assigned to the Contra Costa County Anti-Violence Support Effort (C.A.S.E), participated in a task force executing a search warrant in Antioch. During the operation, Deputy Buckley seized two illegal AR-15s, phones, laptops, heroin, and drug paraphernalia.

After seizing the AR 15s, Deputy Buckley authored a police report where he falsely claimed to have booked the firearms into evidence. Instead of booking the illegal weapons, Buckley separated the upper sections from the lower sections of the firearm. He returned possession of the upper sections of the firearms to the original owner, but never returned the lower sections of the firearms.

As part of this investigation the Contra Costa County Sheriff’s Department discovered that Deputy Buckley created false documents and signed for a judge without his consent on multiple search warrant returns for unrelated cases.

In August 2022 as the investigation was concluding, Deputies with the Contra Costa County Sheriff’s Office searched Buckley’s residence and found the lower sections of the AR-15s as well as a small amount of methamphetamine.

According to his Linkedin profile, Buckley worked for the Sheriff’s Office for 15 years, including his final three years and 10 months as a detective. Previously, he had worked as an Emergency Medical Technician (EMT), Field Training Officer and then a Station Supervisor for ProTransport-1 ambulance service in Pleasant Hill. He started his work life as a Network Security Engineer for Bank of American in Concord.

In 2019, he was named the department’s Officer of the Year.

Pursuant to California Government Code, Matthew Buckley will be legally ineligible to serve as a police officer. Moreover, convicted of felony offenses, Buckley is prohibited from possessing firearms and ammunition.

Allen D. Payton contributed to this report.

DA charges Danville man with two felonies for assault on father

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24-year-old also involved in separate January 8th incident

By Ted Asregadoo, PIO, Contra Costa District Attorney’s Office

A 24-year-old Danville resident has been charged by the Contra Costa District Attorney’s Office with a five-count complaint that includes two felonies for assault.

Kevin Hu Xu was arraigned in Contra Costa Superior Court in Martinez today, January 24, 2024, for an assault with a deadly weapon and assault by means likely to produce great bodily harm. Both counts are felonies that include special allegations related to great bodily harm. In addition to the

felony charges, Xu has been charged with the following misdemeanor offenses: resisting, obstructing, or delaying a peace officer, battery, and aggravated trespassing.

The incident that led to Xu’s arrest started on January 20th around 2:20 in the afternoon. Xu was exiting his residence on Glasgow Circle when he encountered his father walking toward a neighbor’s home. Xu and his family are estranged and do not live together, and his father expressed to the police that he is afraid of his son because of his erratic behavior. When Xu’s father saw him, he turned and fled down a street calling for help while Xu pursued him. When Xu caught up with his father, he proceeded to strike him several times causing multiple injuries requiring medical treatment. Danville Police were called and attempted to locate Xu – who evaded police detection until the next day.

In another incident on January 8th, Xu was sitting on a sidewalk near some trash receptacles when a neighbor came out and asked him to leave. However, instead of leaving, Xu followed the neighbor into a garage and attempted to gain entry to their home. The neighbor and another family member were able to repel Xu from forcing his way into the home and called 911 shortly afterward.

Xu remains in custody at the Martinez Detention Facility on $117,000 bail. The Contra Costa Sheriff’s Office Inmate Locator shows his bail is set at $147,000.

Asked which amount is correct, Asregadoo responded, “The bond was set by the court at $117,000. He was arraigned today. There may have been a request to increase the bail amount, but the court has not updated their information on this case. However, Court Protective Orders have been issued for victims in both incidents in case he makes bail.”

If convicted on all counts with the special allegations, Xu could face a sentence between 2 and 7 years in state prison.

Case No. 01-24-00218 | The People of the State of California vs Xu, Kevin

Allen D. Payton contributed to this report.

CA Attorney General issues Race-Blind Charging Guidelines for prosecutors

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Two-step process redacts identifying information as required by new state law

OAKLAND – California Attorney General Rob Bonta released Race-Blind Charging Guidelines that address the specific statutory requirements listed in Assembly Bill 2778 (D-McCarty) and Penal Code Section 741, as well as provide prosecutors practical guidance as to how to implement the requirements. The guidelines outline a new two-step process for evaluating charging, including how to redact identifying information, how to document charging decisions, when a crime is excluded from this process, and the requirements to collect and make available for research anonymous data. The guidelines are intended to help reduce the potential for unconscious bias to influence the initial charging decision in legal cases, in accordance with the spirit, law, and goals of PC 741.

“Unconscious bias has no place in the criminal justice system and should not play a role in charging,” Bonta said. “Unfortunately, we know the criminal justice system is not infallible and charging decisions are vulnerable to unconscious bias. This is a reality we cannot ignore and must work to correct. These guidelines will help prosecutors perform their duties in accordance with California law and most importantly, help promote a more fair and equitable charging process for all individuals.”

Studies have shown that unconscious bias may infect decisions within the criminal justice system, despite the best intentions of the parties involved. The guidelines will assist all California prosecution agencies in implementing this new process by January 1, 2025. It includes nine critical components to reduce unconscious bias:

  1. Redaction of Cases Received from Law Enforcement Agencies and Suspects Criminal History Documentation: Prosecution agencies are required to review initial charging decisions based on information, including police reports and suspect criminal history documentation, from which all direct means of identifying the race of suspect(s), victim(s), and witness(es) race is removed.
  2. Race-Blind Initial Charging:Prosecution agencies are required to follow a two-step process for charging cases: a “race-blind initial charging evaluation” based on redacted reports and then an “ordinary charging evaluation” based on the unredacted reports and all available evidence. The initial charge evaluation is intended to perform a gate-keeping and recording function prior to the actual charging process. It contemplates an initial evaluation on whether to file any charges, without specifying what charges might be filed. The more thorough second review will be used to determine individual charges or decide charges with certainty.
  3. Redaction Process for Initial Charging Evaluation:Each prosecution agency must create a redaction process for the materials used in the initial charging evaluation. It must be performed by personnel not association with evaluating or charging the case and may either be done manually or through automation as long as the process ensures correct redaction.
  4. Use of Artificial Intelligence (AI) Tools for Redaction:If an AI system is used, it must be validated before implementation that appropriate safeguards are in place to prevent unauthorized access to sensitive information.
  5. Second Review for Charging: After completion of the race-blind initial charging evaluations, the case shall proceed to a second, complete review for charging. This would include a review of unredacted reports and all available evidence, which may include additional materials, such as video footage, photographs, and complete witness statements, that reveals race but must be reviewed to assess whether the requisite elements have been met to warrant the filing of criminal charges. This is the “ordinary charging evaluation” and must be performed by the same prosecutors who performed the initial charging review.
  6. Documentation of Charging Decision: Prosecution agencies are required to follow a two-step process for charging cases: a “race-blind initial charging evaluation” based on redacted reports and then an “ordinary charging evaluation” based on the unredacted reports and all available evidence. The initial charge evaluation is intended to perform a gate-keeping and recording function prior to the actual charging process. It contemplates an initial evaluation on whether to file any charges, without specifying what charges might be filled. The more thorough second review will be used to determine individual charges or decide charges with certainty.
  7. Inability to Conduct Race-Blind Initial Charging Evaluation:If a prosecution agency was unable to put a case through a race-blind initial charging evaluation, the reason for that inability must be documented and retained by the agency.
  8. Collection of Data and Availability for Research Purposes: Each county in which a prosecution agency resides must, on a usual basis, collect the data resulting from the race-blind initial charging evaluation process, except as such information is protected by privilege including, but not limited to, that found in Penal Code section 1054.6. Each county must ensure that the data is collected, stored, and transmitted in a way appropriate to protect sensitive information.
  9. Exception to the Race-Blind Process: The prosecution agency may exclude the crimes listed at the Penal Code section 741, subdivision (c) from the race-blind charging process. Each prosecution agency may further remove or exclude certain classes of crimes or factual circumstances from a race-blind initial charging evaluation and shall keep a list of the exclusion and their reason for review.

Attorney General Bonta, is committed to fighting for racial justice. In May of 2021 he established the Racial Justice Bureau which, among other things, supports the California Department of Justice’s broader mandate to advance the civil rights of all Californians by assisting with new and ongoing efforts to combat hate and bias. This year, the Attorney General has also engaged with local leaders through roundtables through hate crime roundtables in Bakersfield, Fresno, Anaheim and Irvine.

More broadly, the Attorney General is deeply committed to responding to the needs of historically marginalized and underrepresented communities and, last year, also launched the Office of Community Awareness, Response, and Engagement to work directly with community organizations and members of the public as part of the effort to advance justice for all Californians.

A copy of the Guidelines can be found here.

 

 

Pittsburg man arrested for Walnut Creek burglaries

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Source: Walnut Creek PD

Suspect has history of arrests dating to 2017

By Walnut Creek Police Department

Darrell Lipston in a photo posted on his Facebook page on Feb. 28, 2023.

On December 14th, 2023, Walnut Creek Police arrested 41-year-old Darrell Demone Lipston (born Dec. 2, 1982) for residential burglary, conspiracy, possession of stolen property and violation of probation after committing several burglaries in the 100 block of Pringle Avenue.

Patrol Officers (Patrol Team 5) immediately obtained leads and, with the assistance of the Investigations Bureau, conducted a probation search of Lipston’s residence in Pittsburg. The search revealed that Lipston was in possession of all the stolen property connected to these burglaries. WCPD arrested Lipston, transported him, and booked him at the Martinez Detention Facility. WCPD Patrol officers returned the stolen property to the grateful victims.

On December 18th, 2023, the Contra Costa District Attorney’s Office filed the following charges against Lipston for the burglaries:

PC 459: Residential Burglary (six counts), PC 487(a): Grand Theft (three counts) and PC 594(a): Vandalism (four counts).

The employees of the Walnut Creek Police Department are committed to ensuring the safety of our community through proactive enforcement of the law, the use of technology, and relentless investigation of crimes.

According to the Contra Costa Sheriff’s Office, Lipston is being held on no bail and his next court hearing is scheduled for Jan. 4, 2024, at 8:30 a.m.

According to localcrimenews.com, he has a history of arrests dating back to January 2, 2017, by multiple agencies including Antioch PD, Concord PD, Walnut Creek PD and Contra Costa Sheriff’s Department for receiving or concealing stolen property, burglary, possession of ammunition, possession of narcotic controlled substance, possession of drug paraphernalia, and receiving stolen property – motor vehicle.

Allen D. Payton contributed to this report.

Richmond woman’s fatal DUI crash on Hwy 4 near Martinez takes life of her 5-year-old

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Shakela Janey Dominick and her daughter in photos posted to her Facebook page on (left) Jan. 16, 2022, and (right) Nov. 1, 2018.

Also injured another passenger, an 11-year-old boy; driver also arrested for manslaughter, charged with 5 felonies

By Allen D. Payton

According to CHP – Contra Costa, early Sunday morning, Dec. 17 ,2023, at 12:06 am, CHP Contra Costa was advised of a solo vehicle traffic crash on westbound Hwy 4 near Morello Avenue. Our preliminary investigation indicates a grey Honda CR-V was occupied by one adult driver and two children and traveling westbound on Hwy 4. The driver lost control of the vehicle and the Honda left the roadway and collided with a tree.

The driver, identified in court records as Shakela Janey Dominick, 32, of Richmond, sustained moderate injuries and was transported to the hospital. An 11-year-old passenger sustained major, life-threatening injuries and was transported to the hospital. A 5-year-old passenger, Dearri Shula of Richmond, sustained fatal injuries and was pronounced deceased at the scene.

During the on-scene investigation, it was determined Dearri was not properly restrained in a child seat. Furthermore, Officers arrived at the hospital to conduct a DUI investigation and Dominick, who earlier was reported to be the mother of both children, was arrested for suspicion of driving under the influence and manslaughter. But it was later learned the 11-year-old is a boy and not her son.

According to the Contra Costa Sheriff’s Office, she is being held in the West County Detention Facility on $400,000 bail.

According to Contra Costa DA spokesman Ted Asregadoo, Dominick was arraigned Thursday afternoon, Dec. 21 and during the court hearing, a bail reduction request by the defense from $400,000 to $100,000 was denied by the judge and that her blood alcohol level was 0.16 to 0.17 percent.

She was charged with five felonies for gross vehicular manslaughter while intoxicated with one enhancement for bodily injury to more than one victim; driving under the influence of an alcoholic beverage causing injury with three enhancements, two for great bodily injury and one for bodily injury to more than one victim; driving with a .08% Blood Alcohol Content causing injury with the same three enhancements; and two counts of child abuse. Dominick faces up to three years in state prison for each charge. 01-23-03987 – Shakela Janey Dominick Charging Document

A preliminary hearing was set for Dec. 29 at 8:30 am with Judge Jennifer Lee in Department 25 in Martinez.

According to localcrimenews.com, Dominick was arrested by Vacaville Police in October 2020 for shoplifting.

This crash is still under investigation. If anyone witnessed it or the events leading up to it, please contact CHP Contra Costa in Martinez, (925) 646-4980 or email your contact information to mailto:320Investigations@chp.ca.gov to be contacted by the investigating officer.

 

Retired Pittsburg cop in Pleasant Hill standoff charged with attempted murder, injuring wife

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By Ted Asregadoo, PIO, Contra Costa District Attorney’s Office

Retired Pittsburg Police officer Chunliam Nai Saechao. Source: Pittsburg PD

The Contra Costa District Attorney’s Office has charged a Pleasant Hill resident with nine felony counts for attempted murder of peace officers, assault with a firearm, and injuring a spouse following the standoff last Friday and Saturday. (See related articles here and here)

40-year-old Chunliam Nai Saechao is being held without bail in the Martinez Detention Facility.

He will be arraigned on charges stemming from a December 8th incident whereby Mr. Saechao – a retired Pittsburg Police officer who may have suffered a mental health episode – barricaded himself in his home for almost three days after he shot at his wife while she was trying to gain entrance to their residence.

During the protracted standoff with police, Mr. Saechao shot at officers who were in the process of evacuating residents from nearby homes. Bullets also struck a police vehicle during the evacuation, which had two officers inside. The officers inside the vehicle did not sustain any injuries.

The complaint filed with the court today lists two counts of attempted murder of a peace officer [PC 187(a)], one count of injuring a spouse [PC 273.5(a)], and six counts of assault with a firearm on a peace officer or firefighter [PC 245(d)(1)]. The charges also come with enhancements for discharging or using a firearm in the offenses.

Contra Costa DA’s Office issues Use of Force Report on Frank Correa of Oakley

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Claims 2022 officer involved shooting death “was justified and lawful.”

By Ted Asregadoo, PIO, Contra Costa District Attorney’s Office

The Contra Costa District Attorney’s Office’s report on the August 25, 2022, use of force death of 58-year-old Frank Correa in Oakley is now publicly available. (See related articles here and here)

District Attorney Diana Becton emphasized: “The Law Enforcement Involved Fatal Incident (LEIFI) reports my office releases to the public reflect my administration’s commitment to government transparency. The public should have the opportunity to independently review our investigations into the use of force and understand how my team and I analyze the details to arrive at our legal conclusions.”

Each LEIFI report summarizes the results of the District Attorney’s independent criminal investigation, including a summary of an autopsy, the outcome of a coroner’s inquest, a legal analysis of the facts, and a determination of criminal liability.

In the incident on August 25th, 2022, involving Frank Correa, it was reported that Mr. Correa — armed with a semiautomatic firearm — threatened to kill his girlfriend at his residence. His girlfriend managed to escape to safety and the police were contacted shortly thereafter about the incident. After Oakley Police officers responded to the scene and endeavored to de-escalate the situation for over two hours, Correa proceeded to discharge his firearm seven times at responding Oakley Police Department officers. To counter an imminent threat of death/great bodily injury, Oakley Police Department Sergeant Jeff Solomon authorized Officer Brett Jackson to use lethal force against Mr. Correa to protect themselves and others in the neighborhood from death or bodily harm.

The Contra Costa District Attorney’s legal analysis of the totality of the circumstances determined the officer’s use of deadly force on August 25th was justified and lawful. Therefore, no further action will be taken in this case.

To read the complete LEIFI report on Frank Correa, click here.

DA’s Office responds to Walnut Creek man’s 86 arrests since 2017, 41 in 2023

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Most occurred in Contra Costa County

By Allen D. Payton

Concord Police arrested 44-year-old Jesse Leonardo Otero of Walnut Creek on Wednesday afternoon, Nov. 22, 2023, for theft from the Veranda shopping center located at 2001 Diamond Blvd. Mr. Ortero was transported to the Concord PD jail and later to the Martinez Detention Facility for theft and resisting/delaying a peace officer. (See related article)

According to localcrimenews.com, Otero has been arrested 86 times since 2017 including 41 arrests in 2023 – sometimes twice in the same day – by multiple Contra Costa and Alameda County law enforcement agencies for a variety of crimes including trespassing, petty theft, public nuisance, possession of a controlled substance, shoplifting of less than $950, receiving or concealing stolen property, resisting arrest, robbery, vandalism and giving false information to a police officer. His arrests include three times in 2017; 10 in 2018; twice in 2019; five in 2020; 12 in 2021; and 13 times in 2022.

An email was sent to Contra Costa District Attorney Diana Becton asking how someone with Otero’s record hasn’t been sentenced to multiple years in jail or prison.

In response, Ted Asregadoo, Contra Costa DA’s Office PIO provided the following statement:

“44-year-old Jesse Leonardo Otero is currently on felony probation for commercial burglary [PC 460(b)]. He was convicted on June 13, 2022, of a felony and was sentenced to 150 days in county jail and placed on two years of formal probation. On the same day, Otero was convicted of a misdemeanor shoplifting offense [PC 459.5] after stealing a gaming controller from a GameStop store. In October 2021, Otero was prosecuted and convicted of two separate counts of misdemeanor vandalism [PC 594(a)]. He was sentenced to 28 days in county jail and a year of probation for the vandalism offenses.

Many of the violations Mr. Otero was cited for in Contra Costa County were low-level, misdemeanor offenses such as trespassing, public nuisance, petty theft, and possession of controlled substances or paraphernalia. Otero’s misdemeanor thefts, for example, include taking a soft drink and candy at a Target store, stealing $27 worth of cosmetics, or shoplifting $50 worth of razor blades.

Our office is working with law enforcement agencies to merge a number of seemingly minor cases for prosecution to seek justice, ensure accountability, and protect our communities. Misdemeanor complaints filed with the court will have multiple incidents that we believe can be proven beyond a reasonable doubt.”

Contra Costa DA issues statement on apprehension of mental health diversion program fugitive

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Kenneth David Mcisaac fled from court ordered program for Lafayette armed home invasion

By Ted Asregadoo, PIO, Contra Costa District Attorney’s Office

Mental Health Diversion fugitive Kenneth David Mcisaac was apprehended on November 14, 2023, in Oakland. Mcisaac fled from a court ordered mental health diversion program on October 24, 2023, and a warrant for his arrest was issued shortly after his disappearance. He is being held in custody without bail.

In September 2022, the Contra Costa District Attorney’s Office filed an in custody 12-count felony complaint against Mcisaac that was related to an armed home invasion incident in Lafayette wherein Mcisaac held a family hostage for hours. Mcisaac had remained in custody for a year. Then, on September 5, 2023, against a vigorous opposition from the DA’s Office, the court determined that a mental health diversion program would provide more effective treatment for Mcisaac’s condition and released him from custody. (See related article)

Following Tuesday night’s apprehension, Mcisaac was booked into the Martinez Detention Facility.

At a hearing on Wednesday, Nov. 15 in front of Judge Julia Campins, Mcisaac’s mental health diversion status was terminated at the District Attorney’s request. He remains in custody with no bail. Criminal proceedings will resume on November 29th in Martinez.

Mcisaac was located and apprehended by the Contra Costa County Sheriff’s Office and the Safe Streets Task Force, a joint law enforcement effort comprised of the Contra Costa District Attorney’s Office, federal partners, and local law enforcement agencies.

01-22-01678 | The People of the State of California vs. McIsaac, Kenneth Dav

 

Jury convicts Alamo attorney of embezzling $400,000 from fire victim clients

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By Ted Asregadoo, PIO, Contra Costa District Attorney’s Office

A jury in Martinez returned guilty verdicts on November 7th in a felony case involving an attorney, William James Reed, who embezzled $400,000 from his clients.

Reed, an 80-year-old attorney formerly of Alamo, was convicted of felony grand theft by embezzlement and a white-collar crime enhancement related to a settlement agreement with PG&E. The agreement included payments to victims of the 2006 Zamora Fire near Woodland, CA.

Following the fire, Reed authored a letter, purportedly from a fellow landowner impacted by the fire, stating that in a lawsuit against PG&E, attorney’s fees would be covered by PG&E. He invited fire victims to a Town Hall meeting in Zamora, where he assured them that, according to the law, PG&E would be responsible for attorney’s fees, not the clients.

Two families, including elderly victims with ranch properties damaged by the fire, agreed to have Reed represent them. Reed presented unclear and confusing lawyer-client relationship documents, including a contract implying clients would pay his hourly legal fees and costs at the rate of $625 an hour, and a cover letter stating PG&E would cover Reed’s attorney’s fees and costs. After obtaining the victims’ agreement on legal representation, Reed filed a lawsuit against PG&E on the victims’ behalf in 2008.

In 2013, a $200,000 settlement for each victim family was brokered by Reed with PG&E. Reed received the $400,000 settlement from an attorney representing PG&E — but Reed failed to inform his clients about the money. His clients discovered the settlement money was paid to Reed at an unrelated court hearing.

Afterward, when the victims asked Reed about their money, he presented them with a proposed settlement agreement. The agreement stated the clients would each give him $103,000 for attorney’s fees and costs, and in turn each client would receive $97,000. The victims refused to sign Reed’s proposed settlement agreement because it contradicted their initial agreement with him. Years of civil litigation ensued between Reed and the victims, with Reed using some of the settlement money to pay his lawyers to fight the victims.

In 2017, the Contra Costa County District Attorney’s Office was alerted to possible criminal violations related to the victim’s settlement money. A Forensic Accountant at the District Attorney’s Office analyzed Reed’s bank account statements and determined that Reed had spent the entire $400,000 on himself. Thereafter, felony grand theft by embezzlement charges were filed against Reed.

The case went to trial on October 13, 2023. Deputy District Attorney Scott Prosser had to prove beyond a reasonable doubt to a jury that Reed was not entitled to the victim’s settlement money for attorney’s fees A key piece of evidence presented to the jury during the trial was the document stating that Reed’s fees would be paid by PG&E and not the victims.

The jury deliberated for a few hours and convicted Reed on two felony counts of grand theft by embezzlement and a white collar crime enhancement, establishing illegal possession of over $100,000. Reed faces imprisonment for three years and eight months and will be sentenced on January 10, 2024, by

Superior Court Judge Charles Treat.

Deputy District Attorney Prosser, after the verdict, stated, “It is unconscionable for an attorney to lead a client to believe they were not responsible for attorney’s fees, and then take 100 % of the client’s money from a settlement agreement. And we are very pleased with the outcome in our fight to seek justice for the

victims in this case.”.