Contra Costa Herald

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

Pittsburg man, associate charged with selling fake oxycodone pills laced with fentanyl

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By U.S. Attorney’s Office, Northern District of California, Department of Justice

SAN FRANCISCO – Jose Ricardo Loza and Randy Lee Walker were charged in a criminal complaint with distributing fentanyl and heroin, announced United States Attorney David L. Anderson and Postal Inspector in Charge Rafael E. Nuñez, United States Postal Inspection Service.

An affidavit filed in the case by an agent of the United States Postal Inspection Service alleges that Loza sold blue counterfeit oxycodone pills that were laced with Fentanyl.  According to the affidavit, Loza sold to a third party 50 Fentanyl-laced pills on August 22, 2019, when at the auto body shop where he works in Pittsburg, Calif.  Loza allegedly did not initially have enough pills to sell, so he texted Walker, who arrived with more Fentanyl-laced pills.  The affidavit alleges that during the transaction, Loza warned the customer to be careful when taking these pills because he (Loza) gave the same pills to a mutual friend who overdosed and died.  According to the affidavit, a laboratory test verified that a sample of the pills Loza sold contained fentanyl.

In addition, the affidavit alleges that on November 22, 2019, Loza sold 500 more counterfeit pills to an undercover officer and then told the officer that he had 10,000 more of the same pills for sale.  Further, the affidavit alleges Loza sold two ounces of heroin on September 10, 2019.

Loza and Walker are charged with distribution of controlled substances, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(C).

Loza and Walker were arrested on December 12, 2019.  At the time of Loza’s arrest, law enforcement agents found more than 2,000 counterfeit oxycodone pills hidden in hollowed out compartments of his furniture.

Defendants Loza and Walker made their initial appearances Friday morning, Dec. 13 before U.S. Magistrate Judge Thomas S. Hixson.  Both defendants currently are in custody.  Walker’s next court appearance was scheduled for Monday, December 16, 2019, for appointment of counsel. Loza’s next court appearance is scheduled for Wednesday, December 18, 2019, for a hearing to address detention issues.

If convicted, the defendants face a maximum statutory penalty of up to 20 years in prison.  A term of supervised release, fines, forfeitures, and restitution also may be ordered, however, any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

The complaint contains allegations only and all defendants are presumed innocent until proven guilty beyond a reasonable doubt.

Assistant U.S. Attorney Ross Weingarten is prosecuting the case with the assistance of Linda Love.  The prosecution is the result of an investigation by the United States Postal Inspection Service.

Man shot, killed by masked gunmen inside Pittsburg home Saturday morning

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By Pittsburg Police Department

Early Saturday morning, just after midnight, Pittsburg Officers responded to the report of a shooting at a residence in the 200 block of Havenwood Circle. Upon arrival, officers located a 34-year-old male resident suffering from a gunshot wound to the torso. Officers provided aid to the man until medical personnel arrived. The man, identified by his fiance as Rafael Lopez, later died from his injuries.

Pittsburg Police Department Detectives and Crime Scene Personnel responded to the residence to conduct the investigation. From initial information, officers learned that two masked gunmen entered the residence and engaged in an altercation with the man and other people inside the residence. During this, the two suspects shot the victim and fled the residence in a gray or silver import sedan. Investigators are working to confirm information the man and the suspects knew each other, and this incident was the result of a disagreement that had occurred.

Detectives are currently contacting witnesses and obtaining additional statements. Additional information is not available at this time.

The Pittsburg Police Department is requesting the public’s assistance and asks anyone with additional information to please contact the Pittsburg Police Department Tip-Line at 925-252-4040.

This is the city’s seventh murder in 2019.

Allen Payton contributed to this report.

Navy recognizes sailor from Alamo as a Recruiter of the Year

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SAN ANTONIO – (Dec. 12, 2019) Lt. Jeffrey Underwood (center), of Alamo, Calif., assigned to Navy Recruiting District (NRD) San Antonio was recognized as the NRD’s Active Officer Recruiter of the Year during an annual awards banquet held at the Embassy Suites Landmark. Presenting the awards were (left to right) NRD Command Master Chief Francisco Valdovinos, NRD Commanding Officer Cmdr. Nicholas Gamiz, NRD Chief Recruiter Master Chief Navy Counselor Matthew Maduemesi, and NRD Executive Officer Cmdr. Michael Files. For his meritorious service, Underwood was awarded the Navy and Marine Corps Achievement Medal. NRD’s area of responsibility includes more than 34 Navy Recruiting Stations and Navy Officer Recruiting Stations spread throughout 144,000 square miles of Central and South Texas territory. (U.S. Navy Photo by Burrell Parmer, Navy Recruiting District San Antonio/Released)

Supervisors OK 4 cannabis retail, 7 cultivation applicants to proceed in permit process

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From the presentation to CCC Board of Supervisors.

By Daniel Borsuk

The number of cannabis businesses seeking Contra Costa County land use permits to legally operate retail or commercial cultivation operations became a bit more crystal clear after the Board of Supervisors on Tuesday selected four retail applicants and seven cultivation applicants to proceed in the demanding planning process.

The supervisors’ 5-0 action means applicants in the competition will need to satisfy a series of requirements including filing and receiving State and County cannabis licenses and complying with Conservation and Development Department (CDD) land use permit requirements.

The Supervisors’ action in narrowing down the field of appropriate cannabis retail and commercial cultivate operators comes nearly three years after California voters passed Proposition 64 that paved the way for the legal possession and use of cannabis for persons 21 years old or more in the Golden State. Prop. 64 opened the door to the legal sale, manufacture and distribution of cannabis in California.

Supervisors are expected to revisit the status of the nine applicants’ permit compliance in March when land use permits could be granted to applicants who successfully meet CDD requirements.

Supervisors followed the recommendations presented by the 10-member Cannabis Proposal Review Panel that had scored the 21 business candidates vying for Retail Storefront Land Use Permits and 18 candidates competing for Commercial Cultivation Land Use Permits.

County representatives from CDD, the Health Services Department, Department of Agriculture, and Contra Costa County Fire Protection District served on the Cannabis Proposal Review Panel earlier this year that scored each applicant based on location, business and operation plan, security plan, community benefit, and equitable geographic distribution.

Supervisors voted to permit four of the 20 initial Retail Storefront applicants to proceed in the permit process. Those applicants were Authentic 925 at South Pacheco with 1,155 total Cannabis Proposal Review Panel points, The Artist Tree in El Sobrante with 1,140 points, Embarc Contra Costa at North Pacheco with 1,130 points, and Garden of Eden for South Pacheco with 1,105 points.

Getting the green light to proceed among Commercial Cultivation candidates were: Lifted Spirit with its Brentwood proposal that garnered 1,175 points from the Cannabis Review Panel; 703 Chesley, LLC with 1,125 points placed second; Element 7- Chestnut Street of Brentwood placed third with 1,120 points; Element 7- Willow Way in Byron with 1,090 points placed fourth; Casa Resta Farms of Brentwood and Diablo Valley Farms of Brentwood each collected 1,080 points and tied for fifth place, and Diablo Valley Farms placed sixth with its Brentwood proposal that collected 1,080 points.   Magic Flower Gardens, LLC with 1,055 points placed seventh for its Richmond plan.

Supervisors heard a number of complaints from Brentwood residents who protested that permitting marijuana cultivation operations in an agricultural area known for its pumpkins, corn, nuts, and cherry production will be spoiled by the introduction of cannabis operations that could attract crime, devalue property values, and trigger an array of other negative environmental impacts.

“The Element 7 – Chestnut Street development will bring down our home values,” protested Rubin Garcia Scott who lives on Chestnut Street nearby the proposed Brentwood cultivation development. “It will bring crime. Already we have had homes broken into.”

Chestnut Street farm owner Shelley McMahon protested, “Now I’m going to wake up to the stench of cannabis. I am not really happy about this. Who is going to buy my farm? We are known for growing corn, cherries, and alfalfa, not cannabis.”

Supervisors heard from several speakers supporting retailer Elemental Wellness’s application that placed eighth in the Cannabis Proposal Review Panel scoring with 1,075 points. Pittsburg resident Jack Frank, who uses cannabis products for medicinal purposes, said having a store in Pacheco would mean he would not have to travel to an Oakland store for reliable product advice from store personnel who are “knowledgeable about their products.”

Supervisors were also advised that the county ordinance would have be revised to address the transferability of cannabis land use permits or changes in owners of cannabis businesses.

“If a cannabis permit terminates because a change in ownership results in one or more new persons owning a total of 20 percent or more of the business, the business may not operate until a new permit is obtained,” CDD Director John Kopchik wrote in a statement to supervisors.

Read additional details and more maps from the meeting’s agenda item, here and here.

Formation of Police Tax Zones Approved

Contra Costa residents in planned new subdivisions were granted the opportunity to tax themselves for additional police protection provided by the Sheriff’s Office. Supervisors approved three requests for the formation of proposed County Service Area P-6 – Police Services – for subdivisions in unincorporated areas of the county. Property owners in the newly created Police Zones will vote in a February 11, 2020 election to either pass or reject the police tax measure that will fund the enhanced police services.

Supervisors approved the formation of Police Zones for eight property owners along Center Avenue in Pacheco, for a five-lot El Sobrante development by Pandher Subdivision, and for a four-lot development on Gloria Terrace in unincorporated Lafayette.

Pleasant Hill man arrested for possession, production of child pornography

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Daniel Joseph Feliciano. Photo by CCDA.

By Scott Alonso, Public Information Officer, Contra Costa District Attorney

On Tuesday December 10, 2019, 29-year-old Pleasant Hill resident Daniel Joseph Feliciano was arrested for possession and production of child pornography.

On December 11, 2019, acting on a tip from an electronic communication service provider, investigators executed a search warrant in the 100 block of Burns Court in Pleasant Hill and seized numerous electronic devices containing images of children under the age 18 engaged in sexual activity.

Feliciano was arrested for possession and production of child pornography, as well as committing lewd acts with a child under 13. Feliciano was booked at the Martinez Detention Facility and his bail was set at $500,000.

A formal charging decision will be made by the Contra Costa County District Attorney’s Office.

The charges are a result of an investigation by Silicon Valley Internet Crimes Against Children Task Force. The Silicon Valley Internet Crimes Against Children Task Force is managed by the San Jose Police Department. In Contra Costa County, detectives and investigators from the Walnut Creek, Concord and Moraga Police Departments, the Contra Costa County Sheriff’s Office, Contra Costa County Probation Department and Contra Costa County District Attorney’s Office participate in the task force along with Special Agents from the United States Department of Homeland Security and the United States Secret Service.

Parents are encouraged to discuss online safety with their children and can visit the website www.kidsmartz.org for further information. If you believe your school or community organization would benefit from a smartphone and social media awareness presentation, please contact the District Attorney’s Office at DA-Commentary-Feedback@contracostada.org.

Anyone with information can contact Senior Inspector Darryl Holcombe at 925-957-8757.

Martinez, San Ramon residents sentenced to prison for selling fraudulent financial instruments

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Defendants ordered to pay restitution to victims

By U.S. Attorney’s Office, Northern District of California, Department of Justice

OAKLAND – Sharon Ringgenberg was sentenced to 15 months in prison for her role in a scheme to commit wire fraud, announced United States Attorney David L. Anderson, Federal Bureau of Investigation Special Agent in Charge John F. Bennett, and Internal Revenue Service, Criminal Investigation, Special Agent in Charge Kareem Carter.  In addition to the prison term, Ringgenberg was ordered to pay restitution totaling $705,000 to victims of the scheme.  The sentence was handed down by the Hon. Jon S. Tigar, U.S. District Judge on December 6, 2019.

Ringgenberg, 70, of Martinez, Calif., pleaded guilty to the charge on August 10, 2018. According to her plea agreement, Ringgenberg conspired with codefendants Craig Scott, 53, of Oakland, and Kenneth Taylor, 57, of San Ramon, to commit wire fraud.  In her plea agreement, Ringgenberg admitted that from November 2008 through May 2012, she and Taylor sold fraudulent standby letters of credit and proof of funds statements to clients of a company called Success Bullion USA, LLC (“Success Bullion”).  These financial instruments were fraudulent because they reported false client creditworthiness and client balances that exceeded Success Bullion’s assets.  Success Bullion falsely purported to be a subsidiary of a large Hong Kong financial institution.  Ringgenberg acted as an officer of Success Bullion and signed and provided false documents on behalf of the company.  Success Bullion used brokers, including co-defendant Scott, to find clients.

A federal grand jury indicted Taylor, Ringgenberg, and Scott on April 13, 2017, charging them with one count of conspiracy to commit wire fraud, in violation of 18 U.S.C. § 1349, two counts of wire fraud, in violation of 18 U.S.C. § 1343, and two counts of subscribing to a false tax return, in violation of 26 U.S.C. § 7206(1).

In addition to the prison term and restitution, Judge Tigar ordered Ringgenberg to serve a three-year period of supervised release and forfeit $295,000 in additional proceeds that she received from the scheme.

Scott pleaded guilty to his part in the scheme on August 12, 2018.  In his plea agreement, Scott admitted that from 2009 to May 2012, he was a broker for Success Bullion.  Scott solicited customers and acted as a broker for fraudulent standby letters of credit and proof of funds statements sold by Success Bullion. Judge Tigar sentenced him on December 6, 2019, to five years of probation with a year of home confinement and ordered him to pay restitution of $527,575 to victims of the scheme, to forfeit $20,000 in additional proceeds he received from the scheme, and not to sell securities as part of his term of probation.

Similarly, Taylor, pleaded guilty to his part in the scheme on March 1, 2019.  Judge Tigar sentenced him on October 18, 2019, to 36 months of prison, three years of supervised release, and ordered to him to forfeit $3,436,002 and to pay $1,100,774 to the Internal Revenue Service and $90,000 to a victim of the fraud scheme.  Before handing down the three-year sentence against Taylor, Judge Jon S. Tigar found that “Mr. Taylor enriched himself greatly, and he did so out of greed [. . . t]hat’s all,” and that “[t]his was a sophisticated, day-in-day-out fraud scheme that lasted for many years.”

Assistant United States Attorney Colin Sampson and Tax Division Trial Attorney Charles A. O’Reilly are prosecuting the case.  This case is the result of an investigation by the FBI and IRS-Criminal Investigation.

Three die in Highway 4 crash in Orinda, early Saturday morning

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Scene of the fatal crash in Orinda. Photo by KTVU Fox2.

By CHP-Contra Costa

Early this morning at approximately 3:07 a.m., CHP Contra Costa responded to a solo vehicle collision on Highway 24 westbound, just east of Camino Pablo in the Orinda area. Upon CHP and emergency personnel arrival, a red 2009 Nissan Versa had crashed off the roadway head on into a tree, causing major damage. Tragically all three male occupants were killed in the crash. The two male passengers were a 31-year-old from Oakland and a 22-year-old from Hayward. The male driver was unable to be identified at the scene of the collision. The Contra Costa County Sheriff’s Coroners Office will be handling the release of identity of the deceased passengers and also the identity of the deceased driver.

Our preliminary investigation indicates the Nissan was traveling westbound on HWY-24, at a speed yet to be determined, when the driver allowed the vehicle to veer to the right completely off the roadway and into the hillside with numerous trees, located just north of the highway. The Nissan then struck a tree head on, where it came to rest. All three males were still within the Nissan upon CHP and emergency personnel arrival and tragically all three males were pronounced deceased at the scene.

At this time it is unknown if alcohol or drug impairment were a factor in this collision but it is still under investigation. If anyone witnessed this collision or the events leading up to it, call CHP in Martinez at 925-646-4980.

Two more suspects from Fairfield, Vallejo arrested in Lafayette, Oakland, Benicia home invasion robberies

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Joseph Wells, Adama Diop, Immanuel Wells and Mayaebone Tanyao were arrested for the home invasion robberies. Photos by Lafayette PD

The Lafayette Police Department announces that two additional suspects have been arrested in connection with home invasion robberies that occurred in Lafayette, Oakland and Benicia. (See related articles here, here and here).

In all, four suspects were booked into the Martinez Detention Facility (MDF):

-22-year-old Joseph Wells of Fairfield. He was booked on charges that include burglary, kidnapping, kidnapping for ransom, false imprisonment, robbery, vehicle theft and conspiracy. He is being held in lieu of $1.5 million bail.

-20-year-old Adama Diop of Fairfield. He was booked on charges that include burglary, kidnapping, kidnapping for ransom, false imprisonment, robbery, vehicle theft and conspiracy. He is being held in lieu of $1.5 million bail.

-24-year-old Immanuel Wells of Vallejo. He was booked on possessing stolen property and conspiracy charges. He is being held in lieu of $40,000 bail.

-21-year-old Mayaebone Tanyao of Fairfield. She was booked on child endangerment, possession of stolen property and conspiracy charges. She is being held in lieu of $140,000 bail.

The four suspects are currently in custody at MDF. The investigation is ongoing. Anyone with any information on the Lafayette cases is asked to contact the Lafayette Police Department at (925) 283-3680 or (925) 299-3234. For any tips, email: 94549TIP@gmail.com or call (866) 846-3592 to leave an anonymous voice message.

Coroner’s Jury finds death of Walnut Creek man was “At the hands of another person”

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Killed during shooting by police in June

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

Sheriff-Coroner David O. Livingston announced that a Coroner’s Jury reached a finding in the June 2, 2019 death of 23-year-old Miles Anthony Hall of Walnut Creek, following a shooting by police. The finding of the jury is that the death is at the hands of another person, other than by accident. (See related article)

The Coroner’s Jury yesterday reached the 11-0 verdict after hearing the testimony of witnesses called by the hearing officer, Matthew Guichard.

A Coroner’s Inquest, which Sheriff-Coroner Livingston convenes in fatal incidents involving police officers, is a public hearing, during which a jury rules on the manner of a person’s death. Jury members can choose from the following four options when making their finding: Accident, Suicide, Natural Causes, or At the hands of another person, other than by accident.

Former Con Fire Battalion Chief charged with 12 felonies for falsifying payroll records, misappropriation of taxpayer monies

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

Earlier this week the Contra Costa County District Attorney’s Office filed criminal charges against former Contra Costa County Fire Protection District (Con Fire) Battalion Chief Louis Manzo Jr. of Danville. Con Fire worked closely with our Office on the investigation and the filing of 12 felonies against Manzo. Con Fire reported the initial allegations to our Office earlier this year.

“Public employees must always be held to a higher standard as stewards of taxpayer dollars. Further, employees in positions of trust and management must conduct themselves in an honorable manner. Manzo took advantage of his knowledge of Con Fire’s internal system to fraudulently mispresent his hours and time off requests, in two separate fraud schemes,” said Deputy District Attorney Dodie Katague. DDA Katague is with our Office’s Consumer Protection Unit within the Special Operations Division.

During the course of one scheme, Manzo would take vacation days but then later change his timecard record to claim special pay for an extra assignment outside of his normal course of duties. When Manzo took a vacation day, Con Fire needed to cover that shift for public safety purposes. Manzo would also list events for his special assignment that he did not attend or did not happen on the days he said they did. He then would go back and not claim vacation time to ensure his bank of vacation hours remained unaffected in relation to his pension.

The second scheme Manzo employed was to claim overtime pay for out-of-office work events he said he attended. A review was conducted of his GPS logs on his assigned work vehicle. The investigation determined that Manzo did not attend these events or was never near the event location.

In total, the loss to Con Fire is $46,000 in direct salary payments and $19,000 in costs incurred to cover shifts while Manzo was out of the office or claiming to be on special assignment.

Manzo faces up to nine years in state prison. Defendant is also subject to Government Code 7522.72 regarding the forfeiture of his pension and his pension will have to be recalculated without the fraudulent vacation days.

Case information: People v. Louis Manzo Jr., Docket Number 01-192362-2