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Contra Costa DA’s Office settles multi-county enforcement action with CVS Pharmacy

May 16, 2023 By Publisher Leave a Comment

Will pay almost $8 million for selling expired over-the-counter drugs and baby formula.

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

The Contra Costa County District Attorney’s Office Consumer Protection Unit has settled a civil law enforcement action against CVS Pharmacy for selling expired over-the-counter drugs and baby formula.

The settlement is part of a multi-county enforcement action initiated by Contra Costa, Santa Cruz, Fresno, Marin, Placer, Riverside, Sacramento, San Bernardino, San Joaquin, Shasta, Solano, and Yolo Counties District Attorneys’ Offices. Locally, Contra Costa Deputy District Attorney Bryan Tierney prosecuted the case against CVS Pharmacy, Inc., Longs Drug Stores California, L.L.C., and Garfield Beach CVS, L.L.C., (“CVS”).

CVS Pharmacy owns and runs pharmacies and retail stores throughout California – with 31 stores in Contra Costa County. These stores offer a variety of products such as over-the-counter drugs, food, infant formula, and baby food.

California law prohibits retailers from selling or offering for sale any over-the-counter drug that has expired. Also, food retailers in California are prohibited from selling or offering for sale any infant formula or baby food that has passed its “use by” date, as mandated by the federal Food, Drug, and Cosmetic Act.

The civil complaint — which was filed in Santa Cruz County Superior Court on May 9th — alleged that CVS Pharmacy has been selling expired over-the-counter drug products, as well as infant formula and baby food past their “use by” date for the past four years.

After being informed of the violation, CVS Pharmacy cooperated with authorities and acted by conducting internal checks for expired over-the-counter drugs, infant formula, and baby food that were past the “use by” date at all their retail locations in California. CVS Pharmacy also invested time and resources to retrain store personnel to verify the expiration dates of food and drug products.

It’s important to note that the investigation did not uncover any evidence that the sale of expired or past the “use by” date products resulted in harm to consumers.

Contra Costa District Attorney Diana Becton said, “This enforcement action underscores how our work helps to protect consumers from unlawful business practices. The residents of Contra Costa County must have confidence that the products they purchase are safe and not beyond their expiration dates. This settlement shows that CVS Pharmacy understands the seriousness of the violations and has taken steps to remedy the problem.”

CVS Pharmacy agreed to abide by a court order that prohibits any further violations of California law regarding the sale or offer for sale of expired over-the-counter drugs or infant formula and baby food past their “use by” date. The agreement was made without admitting or denying any wrongdoing. As part of the judgment, CVS will pay $6,500,000 in civil penalties and investigative costs, as well as an additional $1,000,000 in restitution. The restitution amount will be contributed to various charitable organizations that serve California residents throughout the state. Locally, CVS Pharmacy will pay the Contra Costa County District Attorney’s Office $475,000 in civil penalties, and $19,000 to reimburse the office for prosecution costs.

Fire in Antioch BART station parking lot damages six vehicles

May 12, 2023 By Publisher Leave a Comment

A fire in the Antioch BART Station parking lot damaged six vehicles on Thursday, May 11, 2023. Photos: (L) ConFire, (R) Denise Cantrell

During possible attempted gas theft

By Allen D. Payton

According to the Contra Costa Fire Protection District (Con Fire), a fire in the Antioch BART parking lot on Thursday was extinguished after a total of six vehicles were extensively damaged. Con Fire crews, along with Antioch and BART police, responded. The fire appears to have been caused during an attempted gasoline theft. The incident remains under investigation.

Photos: Con Fire

Antioch Police Chief pledges full cooperation with CA DOJ, announces acceptance into new Trust Building Campaign with 25 Key Policies

May 11, 2023 By Publisher Leave a Comment

Source: IACP

By PIO Ashley Crandell, Antioch Police Department Community Engagement Unit

On May 10, 2023, California Attorney General Rob Bonta announced the Department of Justice (DOJ) has launched a civil rights investigation into the Antioch Police Department. Chief Steven Ford welcomes this investigation and pledges full cooperation with DOJ officials, just as we have done with the joint FBI-Contra Costa DA investigation already taking place. We understand the importance of ensuring our policies, procedures, and practices are in line with expectations of 21st Century Policing.

In furtherance of our commitment toward meaningful reform, the Antioch Police Department is pleased to announce that we have joined other progressive policing agencies across the United States (and globally) in pledging to enhance trust and collaboration between police and the community we serve. The pledge is part of an initiative called the Trust Building Campaign which was started by the International Association of Chiefs of Police (IACP), the world’s largest and most influential professional association for police leaders. In joining the Trust Building Campaign, the Antioch Police Department has pledged to implement 25 key policies and leading practices within a 36-month period.

As we complete the Trust Building Campaign pledge, the Antioch Police Department will prioritize actions encouraging positive community-police partnerships within six focus areas (bias-free policing, use of force, leadership and culture, recruitment, hiring, and retention, victim services, and community relations). These areas and their associated key practices are designed to promote safe, effective interactions, create strategies to prevent and reduce crime, and improve the wellbeing and quality of life for all.

In a world where information is spread so quickly, it is critical, now more than ever, that law enforcement have the trust of the community that they will provide truth, transparency, and justice.

Through the Trust Building Campaign, the IACP is committed to addressing these, and other issues, on a national and international level.

Statement from Chief Steven Ford:

“We are excited to announce this partnership with the IACP Trust Building Campaign. This initiative aligns with our Strategic Plan goals that we have been progressively implementing during our Public Safety Partnership and emphasizes our commitment to advancing public safety practices through community engagement, transparency, and bias-free policing. We look forward to collaborating with our community stakeholders, justice partners, and industry experts to ensure success in meeting the goals of this campaign.”

For more information about the Trust Building Campaign, visit the IACP’s website at https://www.theiacp.org/iacp-trust-building-campaign.

25 Key Policies and Promising Practices

Establish a policy on bias-free policing.
Increase transparency and accountability of police use of force. Publish use of force and complaint process policies.
Provide officers with training and coaching on cultural responsivity.
Train officers on the unique makeup and needs of their communities based on country of origin, religious and cultural practices, etc. which may conflict with local laws.
Adopt the elements of the National Consensus Policy on Use of Force into the agency’s policies and procedures. Publish use of force policy
Provide regular training on the agency’s use of force policy. Training should include scenario-based exercises that incorporate de-escalation techniques.
Document all use of force beyond handcuffing in agency records. Review these records on an annual basis to identify trends that need to be addressed in policy and training.
Participate in the National Use of Force database.
Establish an agency policy or statement that recognizes the sanctity of life and the importance of preserving human life during all encounters. Adopting the IACP Oath of Honor will meet this requirement.
Participate in accreditation, certification, or credentialing process that has an independent organization that reviews an agency’s policies and procedures.
Ensure training and policy reflect a culture of equity, diversion, inclusion, accountability, and that promote procedural justice for community members and employees alike.
Establish an employee wellness program that includes both physical and mental health.
Conduct a culture assessment of the organization, with steps taken to address areas of concern.
Provide body armor to officers and require the wearing of soft body armor while on uniformed patrol.
Embrace the guardian officer rather than the warrior mindset in recruiting and training.
Establish minimum educational standards or equivalency requirements that can be met by prior life experience. Provide officers with the opportunity for advanced education and training opportunities.
Verify potential hires with the national decertification database before hiring experienced officers.
Include measures of problem-solving, trust-building, and cultural responsivity in metrics of officer performance.
Train officers in Trauma-Informed Responses.
Train officers on best practices, resources, and tools for communicating with community members who do not speak English or whose ability to communicate is impaired.
Establish partnerships to provide for mental health, substance abuse, and youth deflection/diversion resources in their community.
Educate communities on the dynamics of policing and set reasonable expectations for their police. Establish shared expectations of the role police have in the community and solicit review and input from the community on agency policies and procedures.
Establish a clear and timely complaint process that does not require written or sworn statements to submit. Complaint processes and policies should be accessible to all.
Conduct a regular recurring survey of the community to measure the level of trust in the police.
Establish written strategies to engage with youth and marginalized groups in the community to develop positive relationships with police officers and how to interact safely with police.

Annual count shows slight increase in homelessness in Contra Costa County

May 11, 2023 By Publisher Leave a Comment

Contra Costa County Point In Time Homeless County on Jan. 25, 2023. Source: H3

95 more homeless residents than in 2020

Contra Costa County’s annual survey to document people experiencing homelessness showed a four percent increase overall in 2023 compared to 2020, according to a report released by Contra Costa Health’s Health, Housing and Homeless Services team (H3).

H3 and its community partners, including more than 200 volunteers, canvassed across the county to count the number of people living in emergency shelters or outdoors on Jan. 25, 2023 and released preliminary findings of the 2023 Point in Time count (PIT) this week.

The PIT provides a one-day snapshot of homelessness in Contra Costa. It impacts funding, includes important data and demographics, and helps inform how Contra Costa Health (CCH) can most effectively provide services to people experiencing homelessness. (See Powerpoint presentation)

The preliminary findings show that 2,372 people were without housing during that 24-hour period, including 1,653 people who were unsheltered. That is a 4% increase from the 2020 PIT, which counted 2,277 people experiencing homelessness.

“There’s no one reason why people lose their housing,” said John Gioia, Chair of the County Board of Supervisors. “We are working hard on many fronts to create more housing opportunities with supportive services, including investing $12 million per year in a newly established Housing Trust Fund. Contra Costa County is also working with other counties statewide to reform the homeless system of care in California to link funding with accountability for outcomes.”

Since 2020, bed capacity in the county increased by over 560 beds and CCH opened Delta Landing thanks to the state’s Homekey program, which added critically needed services in East County.

“This year’s PIT count shows that homelessness rates in the county are relatively stable and similar to pre-pandemic numbers,” said H3 director Christy Saxton. “This is a testament to the services we work to provide to people who are experiencing homelessness in our communities, but there is more work to be done.”

The full PIT report, expected to be completed in June, will include additional geographic and demographic data. Visit cchealth.org/h3 for more information on homeless services and resources.

New Poll: Overwhelming support for more police on BART, greater focus on cleanliness, stronger enforcement of rules

May 10, 2023 By Publisher Leave a Comment

Source: Bay Area Council

San Francisco—BART riders and others who have stopped using the system or reduced their use dramatically say they would return in significant numbers if crime, safety and cleanliness issues are addressed, according to new polling released today by the Bay Area Council. Concerns about crime far outweigh remote work as the reason they are not riding. The findings offer an encouraging path forward for a system that is teetering on the brink of a fiscal cliff as BART ridership hovers at historic lows following the pandemic.

A Bay Area Council analysis of the poll findings suggests that by taking a much stronger and swifter approach to crime, safety and cleanliness, BART could see up to 300,000 more trips over the course of the workweek, pushing ridership above 50% of pre-pandemic levels.

Key Findings

79% say they feel more comfortable riding BART when there is a uniformed police officer or security present
73% say BART should prioritize adding more uniformed police on trains and in stations
62% say BART should improve fare gates to prevent fare evaders; 66% want fare gates to fully enclose station entrances
79% say BART should eject people from the system that violate the passenger code of conduct, which prohibits drugs, smoking, drinking and other illegal or unacceptable behavior
65% say BART should focus on core operations and leave social service issues to other public agencies
90% put high priority on more frequent cleaning
74% feel things in the Bay Area have gotten pretty seriously off on the wrong track

Riders and residents overall are crystal clear about what the main barriers are for them to returning to BART. Among all respondents, including those that never or rarely ride BART, 78% said they would ride BART more often if it was significantly cleaner and safer. This number is particularly striking when compared to the far fewer 46% of respondents who stated they would ride BART more often if they had to commute to work or school more frequently.

There is similar enthusiasm for returning to BART among the 37% of respondents who were regular BART riders before the pandemic but have since dramatically curtailed their use of the system or dropped off completely. These riders may represent BART’s best opportunity to bring more riders back to the system more regularly, with 59% saying they would ride BART a lot more often with safety and cleanliness improvements. But they also generally harbor much stronger levels of dissatisfaction with the system than others who are not BART riders.

“There can be no higher priority for BART and the future survival of the system than to direct every ounce of energy and resources into making the system safer and cleaner,” said Jim Wunderman, President and CEO of the Bay Area Council, which was instrumental in the creation of BART in the 1950s and has long been a champion for the system. “We specifically call on BART to immediately and significantly increase police and security personnel on trains, vigorously enforce the rider code of conduct, and install new fare gates within a year. BART must treat this like a crisis, because it is a crisis. BART is the mass transit backbone of our region and there’s too much at stake for BART and our region not to be more aggressive in addressing the reasons legions of riders are staying away. BART deserves credit for recent moves to increase police presence and ramp up cleaning, but riders and others are saying they must do more and they must do it now.”

See the BART poll findings>>

Read the full BART poll questionnaire>>

The concerns about safety and cleanliness are reflected in overall sour views of the system, with 49% giving BART an unfavorable rating compared to 30% for SF MUNI, 23% for AC Transit and 15% for Caltrain. The poll by EMC Research surveyed 1,000 residents in Alameda, Contra Costa, San Francisco and northern San Mateo counties encompassing BART’s service area. The poll has a margin of error of +/-3.1 percentage points.

Having a more visible police presence across the system is critical to bringing riders back. A vast majority of all those surveyed say they want more police officers on trains and in stations, they want more frequent cleaning of train cars and stations, and they want BART to strictly enforce an existing code of rider conduct which outlaws gate-hopping fare cheats, drinking and smoking, drug use and other illegal and dangerous behaviors.

These attitudes shouldn’t come as a big surprise. According to the poll, 53% of residents know of someone who has been a victim of crime on BART, 46% say they have witnessed crime on BART, and 18% say they personally have been a victim on crime on BART. Meanwhile, 44% of BART riders said they have never or rarely seen a police officer.

Hazmat crews cleaning up mercury on Martinez streets, including near Rankin Park

May 10, 2023 By Publisher 1 Comment

By Contra Costa Health

After receiving a call from a resident this morning, our hazmat team identified an additional location in Martinez contaminated with mercury – this one near Rankin Park where Buckley Street hits a dead end. The team immediately conducted cleanup operations at this location after confirming the presence of mercury in the street. We did a visual inspection in the park itself and did not find any evidence of mercury in the park. (See related article)

Contra Costa Health spoke with the City of Martinez maintenance team and determined that the same garbage truck that collected trash at the Amtrak Station also serviced this location near Rankin Park on Monday, May 8. We have updated the map showing the route the garbage truck took after emptying the contaminated trashcan at the Amtrak station.

Hazmat cleanup crews are currently in the process of decontaminating parts of streets in the Martinez downtown area where mercury has been seen. We estimate the cleanup will take 1-2 days. There will be rolling street closures throughout the day today and possibly into tomorrow as the cleanup work is being done.

The Amtrak station remains closed and we don’t have an estimate for when it will reopen.

Anyone at the Amtrak station Monday or anyone who walked along the affected streets that thinks they may have stepped in mercury should take precautions to avoid contact with it. Shoes or clothes that have touched mercury should be double bagged and sealed shut and placed outside. Call our Hazmat Program at 925-655- 3200 during regular business hours for further handling instructions.

CA Attorney General Bonta launches civil rights investigation into Antioch Police Department

May 10, 2023 By Publisher Leave a Comment

Review comes amidst allegations of bigoted text messages and other potentially discriminatory misconduct

OAKLAND — California Attorney General Rob Bonta today announced initiating a civil rights investigation into the Antioch Police Department (APD). The investigation will seek to determine whether the law enforcement agency has engaged in a pattern or practice of unconstitutional policing amid deeply concerning allegations relating to bigoted text messages and other potentially discriminatory misconduct. If, through this investigation, the Attorney General’s Office determines that unlawful activity or practices took place, the office will also determine what potential actions are needed to ensure comprehensive corrective action takes place at APD. (See related articles here and here)

“It is our job to protect and serve all of our communities,” said Attorney General Bonta. “Police departments are on the front lines of that fight every day as they work to safeguard the people of our state. However, where there are allegations of potentially pervasive bias or discrimination, it can undermine the trust that is critical for public safety and our justice system. It is our responsibility to ensure that we establish a culture of accountability, professionalism, and zero tolerance for hateful or racist behavior, on or off duty.”

Under the California Constitution and California Civil Code section 52.3, the Attorney General is authorized to conduct civil investigations into whether a law enforcement agency has engaged in a pattern or practice of violating state or federal law. As opposed to a criminal investigation into an individual incident or incidents, a pattern or practice investigation typically works to identify and, as appropriate, compel the correction of systemic violations of the constitutional rights of the community at large by a law enforcement agency. With regard to the Antioch Police Department, the Attorney General has made no determinations at this time about specific complaints, allegations, or the agency’s overall policies and practices. The Attorney General’s independent investigation of APD is separate from ongoing or potential administrative or criminal investigations at the local and federal levels.

As interaction and cooperation with the community is at the core of law enforcement’s work to provide public safety and create public trust, the Attorney General encourages anyone with information relevant to this investigation to contact the California Department of Justice’s Civil Rights Enforcement Section at Police-Practices@doj.ca.gov. Members of the public may also send information to the California Department of Justice in other languages. During the course of the investigation, attorneys and special agents at the California Department of Justice will work diligently to consider all relevant information, including from community members and organizations, local officials, oversight entities, Antioch Police Department, and individual officers.

Attorney General Bonta is committed to strengthening trust between local law enforcement and the communities they serve as one key part of the broader effort to increase public safety for all Californians. In February, Attorney General Bonta launched an investigation into allegations of excessive force at the Riverside County Sheriff’s Department. Last year, the Attorney General assumed responsibility for the Los Angeles County Sheriff’s Department’s investigation related to contracts awarded to a local nonprofit. He worked with authorities in San Francisco to help ensure the continuation of local oversight efforts related to officer-involved shootings, in-custody deaths, and severe uses of force. Attorney General Bonta also opened a pattern or practice investigation into the Santa Clara County Sheriff’s Office. In 2021, the Attorney General launched an independent review of the Torrance Police Department and secured a stipulated judgment against the Bakersfield Police Department requiring an extensive range of actions to promote public safety. Attorney General Bonta also established the Racial Justice Bureau within the Civil Rights Enforcement Section to, among other things, help address issues of implicit and explicit bias in policing.

Health Advisory: Mercury cleanup in downtown Martinez

May 9, 2023 By Publisher 1 Comment

EPA and Contra Costa HazMat Team members clean up a mercury spill at the Martinez Amtrak station on Monday, May 8, 2023. Photos: ConFire

Spread of mercury contamination first discovered at Martinez Amtrak station wider than initially believed

Avoid parts of downtown, sections of streets temporarily closed over next several days

By Contra Costa Health

Last updated: May 9, 2023, 8:09 pm

Further investigation by county health officials shows traces of mercury was inadvertently spread by a garbage truck while traveling on its route after picking up contaminated trash from a waste receptacle at the Amtrak station in downtown Martinez on Monday.

To reduce the potential risk of exposure to mercury, Contra Costa Health (CCH) asks the public to avoid walking on the streets in affected parts of downtown Martinez and use the sidewalks until the residue of a spill is removed, so people or pets do not track the material indoors.

The contamination is limited to the street and has not been detected in amounts great enough to create an immediate risk to health.

“From a health standpoint, our primary concern is that people don’t step in the mercury on the street and bring it inside their homes where indoor vapors may pose a health hazard,” said Dr. Ori Tzvieli, the County’s health officer.

Dr. Tzvieli added that while the health risk posed by exposure to mercury from this release is low, it’s important for the community to be informed of any potential health risks and take appropriate actions. CCH issued a health advisory to the community earlier this evening.

Initially, the mercury release was thought to be contained to the area immediately outside the train station. But after examining the five-block route taken by the city of Martinez garbage truck today, Contra Costa Health’s hazmat team and the U.S. Environmental Protection Agency identified small amounts of mercury in the roadway, primarily on Marina Vista and Alhambra Avenues and Berrellesa Street.

Sections of these streets will be temporarily closed over the next several days while cleanup takes place:

Marina Vista Avenue between the station and Alhambra Avenue; Alhambra from Marina Vista to Buckley Street; Buckley from Alhambra to Berrellesa Street; Berrellesa from Buckley north to the Martinez City Public Works yard.

The train station has been closed since mid-afternoon on Monday after ambulance paramedics from Confire at the site, who were there for another matter, saw mercury on the ground. Mercury has also been detected inside the train station itself.

Anyone at the Amtrak station Monday or anyone who walked along the affected streets that thinks they may have stepped in mercury should take precautions to avoid contact with it. Shoes or clothes that have touched mercury should be double bagged and sealed shut and placed outside. Call our Hazmat Program at 925-655-3200 during regular business hours for further handling instructions.

Instructions

Shoes or clothes that have touched mercury should not be brought inside if it can be avoided. Never attempt to wash an article that may be contaminated with mercury, by hand or with a washing machine. This can increase the risk of the mercury being vaporized.

It is not known who dumped the mercury at the Amtrak station or why. Local law enforcement is investigating the matter.

One man shot, Oakland teen arrested following two shootings in Oakley, police chase to Concord

May 9, 2023 By Publisher 3 Comments

Assisted by CC Sheriff, CHP, Concord PD; suspect held on $900,000 bail

By Oakley Police Chief Paul Beard

SHOOTING ON LORENZETTI DRIVE

On Sunday, May 7, 2023 at 4:52PM Oakley Police Officers were dispatched to the 4300 block of Lorenzetti Drive for a 44-year-old male who reported he had just been shot. Our officers arrived a few minutes later and found the victim on his front porch suffering from a gunshot wound to his groin area.

The victim informed officers he was shot by an African-American male who was between 20-25 years old, the victim further stated he was confronted by a total of three African-American males. The suspects fled in a black Volvo after the shooting and the victim was able to take a photograph of the license plate of the Volvo before the suspects fled. The victim was transported to a local hospital for the treatment of his wounds, where he remains in an unknown condition today.

Our officers broadcasted the license plate, and the severity of the situation, to all local law-enforcement agencies. Shortly thereafter a deputy sheriff from the Contra Costa County Office of the Sheriff got into a pursuit with the Volvo heading west bound on Highway 4. The Volvo was lost during the pursuit somewhere in the area of Highway 4 and the Port Chicago exit.

Officers from the Contra Costa County Office of the Sheriff, California Highway Patrol, Oakley Police Department, Concord Police Department and the Pittsburg Police Department began searching the area for the Volvo. The Volvo was found on a nearby surface street, it was unoccupied and it had obviously been involved in a crash as evidenced by significant damage and deployed airbags. Officers from all five agencies began searching an adjacent field for the suspects. Two Pittsburg Police canine teams were brought in to assist with the search.

After a very extensive search one of the suspects was found hiding in a bush in the field. The suspect who was found is also the registered owner of the Volvo, the suspect is identified as Bryan Cummings (19, Oakland). Cummings was taken into custody and arrested, and later booked, for the shooting. A “ghost gun”, a gun with no manufacturer markings or serial numbers, was found inside the Volvo. In this case the lower frame of the handgun had no manufacturer associated with it and it had no serial numbers, the lower frame was mated to a Glock slide. The gun was loaded with live rounds and it had an extended magazine in it. A large amount of marijuana was also found inside the Volvo.

Oakley Police detectives were called in to begin their investigation. At this point it is believed two other suspects are involved and we are working to identify them.

According to the Contra Costa Sheriff’s Office, Cummings is being held in the Martinez Detention Facility on $900,000 bail.

“The known suspect in this case is rather young, being only 19 years old. However, he has already been arrested as an adult- once for carrying a loaded firearm with an extended magazine (Alameda County case), and again for robbery, conspiracy, possession of a firearm, hit and run and obstructing law enforcement officers (Alameda County case). He will now also deal with his arrest in our case. It is sad to see somebody so young on such a negative path in life. I do hope something happens in this young man’s life that will change his ways, but I fear for people who may become future victims of his. For this reason I urge the maximum amount of accountability to be applied in this case.

My department will continue to try to identify all of the involved parties to hold them accountable for any wrongdoing they may have done. I appreciate all of the assistance we received in this case from all of our allied partners”.

SHOOTING ON EAST RUBY at THIRD STREET

On May 7, 2023 at 5:07PM Oakley Officers were dispatched to the area of E. Ruby Street and 3rd Street for the report of another shooting. Officers found spent shell casings in the area and reviewed surveillance video that was made available to them. In the video we have determined a Gray SUV was chasing a Black Buick Regal and the occupants of the SUV were shooting at the Buick.

We checked nearby houses and vehicles, and we did not find any bullet holes in any of them. We also checked with local hospitals to see if there were any victims from this incident and we were informed nobody had been checked in for gunshot wounds (outside of the victim from our case on Lorenzetti Drive). This case remains under investigation.

If anybody has information on either of these cases please call us at 925-625-8060.

Allen D. Payton contributed to this report.

Contra Costa DA report found 2021 Richmond Police use of force “reasonable”

May 9, 2023 By Publisher Leave a Comment

An autopsy determined Ivan Gutzalenko’s cause of death was “Prone restraint asphyxia and cardiac arrest while under the influence of methamphetamine.”

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

The Contra Costa District Attorney’s Office has issued a report on the death of 47-year-old Ivan Gutzalenko after an encounter with Richmond Police officers in 2021.

As previously reported, on March 10, 2011, the Richmond PD Communications Center received a 911 call from a business owner in the 12600 block of San Pablo Avenue, advising of an individual who was creating a disturbance inside the business and damaging property. When officers arrived, they found the 47-year-old man stumbling around. He had fallen to the ground. The man appeared to be in medical distress or under the influence of drugs. Officers tried to calm the man and provided medical assistance to him until the paramedics arrived.

Officers placed him in a prone position while one officer placed his knee on the individual’s lower back to handcuff him. The man was placed on a gurney and taken to the hospital. Unfortunately, despite all lifesaving measures the man passed away.

“Law Enforcement Involved Fatal Incident (LEIFI) reports are part of my policy of being more transparent in the criminal justice system,” District Attorney Diana Becton noted. “Even in complicated cases like this one, it’s important for the public to know the details of an investigation and how my team and I reached our legal decision.”

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

According to the LEIFI report, “On March 11th, 2021 an autopsy was conducted on Gutzalenko by Dr. Arnold Josselson. Blood samples taken from Gutzalenko tested positive for methamphetamine. Gutzalenko’s cause of death was listed as ‘Prone restraint asphyxia and cardiac arrest while under the influence of methamphetamine.’”

In the case of Ivan Gutzalenko, the Contra Costa District Attorney’s legal analysis determined that the officers’ use of force on March 10, 2021, was reasonable given the circumstances. The analysis also found insufficient evidence to prove that the force used by the officers caused Mr. Gutzalenko’s death. Therefore, no further action will be taken in this case.

To read the complete LEIFI report on Ivan Gutzalenko, click here.

Allen D. Payton contributed to this report.