Contra Costa Herald

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

Richmond man pleads guilty to first degree murder from 2015 shooting

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

On Tuesday, Aug. 6, 2019, Seth Sears a 39-year-old resident of Richmond, CA, pled guilty to first degree murder during his trial for the 2015 killing of victim Neil Akin. Sears will be formally sentenced on September 27 before the Honorable Judge Charles Burch in Department 23 of the Contra Costa County Superior Court in Martinez. Sears in his pleading also admitted to using a firearm during the murder. He is expected to receive 25 years to life in state prison.

“The defendant pled guilty as charged to the first degree murder of Neil Akin, and further admitted that he personally used and fired the weapon that killed Mr. Akin. We hope that the defendant’s full admission of responsibility will help the victim’s family find closure after four long years,” Contra Costa County Deputy District Attorney Satish Jallepalli stated. DDA Jallepalli prosecuted the case and is assigned to our Office’s Homicide Unit. DDA Alison Chandler and DDA Colleen Gleason also prosecuted the case for our Office.

In September 2015, the victim’s body was found deceased in Oakland with a gunshot wound to the head.  Days earlier, the defendant shot Akin and left his body initially in the defendant’s apartment in Richmond. Sears wrapped the body in trash bags and used silver tape to bind the bags together to try to conceal the body. He rented a white van in El Cerrito and used the van to transport the body from his apartment to Oakland. Surveillance video in Oakland showed a similar white van in the vicinity of where the body was found.

Fortunately, a witness came forward to report that Sears had invited her over after the murder while the victim’s body was still in his apartment, and implored her to help him dispose of the body. She refused to help him cover up the crime and later met with the Richmond Police Department to describe what she had seen.

Case information: People v. Seth Rumi Sears, Docket Number 05-171844-4

Walnut Creek man, former Seeno Construction executive found guilty of embezzlement, filing false tax returns

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Created shell company, funded expensive lifestyle and gambling losses

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

This past Friday, a Contra Costa County jury found defendant Edward Miller of Walnut Creek, California guilty as charged of four felonies tied to his criminal schemes to embezzle money from his employer Seeno Construction, Inc. and its affiliated entities. Miller was the former Chief Risk Officer for the Seeno Companies at the time of his criminal conduct.

Miller created a shell company to funnel funds held in trust from law firms representing the Albert Seeno Construction Company into his own personal accounts, using phony invoices to request that the law firms send him checks payable to a secret company he created. In turn, Miller claimed company expenses to hide the income and to avoid paying income taxes on the money he was collecting. Additionally, Miller used some of this money meant for the Seeno Companies to support his lifestyle at golf resorts and to account for his gambling losses. He spent this money at multiple casinos in Reno and Las Vegas.

“White collar crime is inherently complex, and this jury was willing to tackle a thorny body of evidence that wasn’t always straightforward,” Deputy District Attorney Adam Wilks stated. “This jury had to follow money moving across multiple bank accounts, and had to listen to testimony about issues of civil litigation, business formation, and interpersonal dealings within a corporate structure. The verdict in this case speaks volumes about our community, and specifically to those who sacrificed their time to be on this jury, have the sincere thanks of the Contra Costa County DA’s Office.”

Sentencing will occur later this fall in front of the Honorable Rebecca Hardie in Department 5 of the Contra Costa County Superior Court in Martinez. DDA Wilks prosecuted the case on behalf of the People. The case originated in the Office’s Special Operations Division, Real Estate Fraud Unit.

Case Information: People v. Edward Leroy Miller, Docket Number 05-180254-5

 

Rep. DeSaulnier moves Aug. 8 Danville Town Hall Meeting to larger venue

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Rep. Mark DeSaulnier

Congressman Mark DeSaulnier (CA-11) announced that due to overwhelming interest in this week’s town hall meeting in Danville, the location has been moved to a larger venue in order to accommodate all attendees. The town hall will meeting now be held at Charlotte Wood Middle School on Thursday, August 8th at 6:30 p.m.

During the meeting, DeSaulnier will provide an update on what is happening in Washington and other news of the day, including this week’s mass shootings in Dayton and El Paso. This will be the Congressman’s 86th town hall meting and mobile district office hour since coming to Congress four years ago.

Danville Town Hall
Thursday, August 8, 2019
6:30 p.m. to 8:00 p.m.
New Location: Charlotte Wood Middle School
600 El Capitan Dr., Danville, CA 94526

Doors open at 6:00 p.m.

This event is open to the public, press, and photographers.

To confirm your attendance, please RSVP online at https://desaulnier.house.gov/town-hall-rsvp or call (925) 933-2660. To request ADA accommodations or for more information, contact one of Congressman DeSaulnier’s offices in either Walnut Creek or Richmond.

Delano man sentenced to life in state prison for sexually abusing Antioch girl

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

Last week, Donaciano Rodriguez a 66-year-old resident of Delano, California, was sentenced to 94 years to life in state prison for sexually abusing a minor in Antioch. His sentence was determined by the Honorable Judge Laurel Brady in Department 31 of the Contra Costa County Superior Court in Martinez.

The jury in this case found Rodriguez guilty of 11 felonies ranging from oral copulation, sexual penetration with a child 10 years old or younger and forced lewd acts upon a child. Deputy District Attorney Bryan Tierney with our Sexual Assault Unit prosecuted the case on behalf of the People. The trial occurred in late June and lasted eight days. Our Office would like to extend gratitude for the Antioch Police Department for their work investigating the case.

“The victim in this case and her family were very cooperative during the investigation and trial. Without their help there would be no justice. The defendant committed heinous crimes against Jane Doe that will forever impact her. I am thankful that the jury followed all the evidence and held the defendant accountable,” DDA Tierney stated.

In 2017, Jane Doe bravely came forward to the police to report the assaults which occurred years earlier. The victim reported that the defendant repeatedly assaulted her and threatened her if she came forward to authorities. Antioch Police continued the investigation and the defendant was eventually arrested later that year in Kern County. He has remained in custody since his arrest.

When the defendant was arrested by police, he admitted he molested the minor multiple times. He even demonstrated to the investigators what he did to Jane Doe. The attacks against Jane Doe occurred in multiple locations in Antioch.

Case information: People v. Donaciano Rodriguez, Docket Number 05-182336-8

 

Supervisors approve Tice Valley mental rehab facility with aid from Mental Health Advocates

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The Contra Costa County Board of Supervisors recognized the 50th anniversary of the Concord Jazz Festival, initially called the Concord Summer Music Festival begun in 1969 with a resolution at their meeting on Tuesday. At the presentation were from left, Chairperson John Gioia of Richmond, Supervisor Karen Mitchoff of Pleasant Hill, Visit Concord Marketing Specialist Shelley Mitchell, Supervisor Federal Glover of Pittsburg, Visit Concord Market & Outreach Shelbi Walker, Vice Chairperson Candace Andersen of Danville and Supervisor Diane Burgis of Brentwood. Photo by Daniel Borsuk.

Recognize 50th Anniversary of Concord Jazz Festival; Sheriff opposes oversight bill

By Daniel Borsuk

A mission undertaken by two Tice Valley Boulevard residents to sway the Contra Costa County Board of Supervisors to overturn a county planning commission land use permit approved to convert an existing elderly care facility into a psychiatric care facility backfired when the supervisors voted 5-0 to support the $2.5 million development on Tuesday.

About a dozen people spoke in favor of the project while two petitioners were against the development. Another Tice Valley resident, Penny Mahoney, opposed the project on grounds the development won’t care for patient’s older than 60 years old because the proposed National Psychiatric Care and Rehabilitation facility planned by Dr. Gregory Braverman will administer psychotropic drugs that can only be administered to patients ages 18 to 60 years old.

“This project morphed into something different,” said Mahoney.

Tice Valley Boulevard property owners Amy Majors, who was represented by land use attorney Terry Mollica, and neighbor Linda Uhrenholt appealed a planning commission’s decision supporting the developer Braverman and his National Psychiatric Care and Rehabilitation Services (NPCRS) plans to build a 12-bed facility at 2181 Tice Valley Blvd. in unincorporated Walnut Creek that had previously served as an elder care facility for eight residents. .

The new state licensed facility planned for Tice Valley Boulevard would specialize in providing 24-hour care for adult patients referred by Kaiser Permanente for stays on average lasting 18 days even though opponent Uhrenholt contended the developer’s letter of intent states “under no circumstances may a client’s length of stay exceed 3 months.”

Uhrenholt also cited “poor” Tice Valley area cellular connectivity presents potential emergency response problems and patient privacy violations.

Psychiatric disorders that will be treated at the Tice Boulevard facility will include schizophrenia, schizoaffective disorder, bipolar disorder, panic disorder, generalized anxiety disorder, post-traumatic stress disorder, major depressive disorder, adjustment disorder, personality disorder and obsessive-compulsive disorder.

“I just wanted them (County Planning Commissioners) to be on a level playing field,” appellant Majors told the Contra Costa Herald. Majors, the parent of a mentally disabled adult daughter, contends during the county planning commission process, commissioners, not the planning staff, did not give her and her fellow appellant, Uhrenholt, a fair hearing. “We were not given due process,” she contends.

Majors asserts political factors swayed the Planning Commission’s action.

Real estate attorney Mollica said it is too early to say whether his client will take any legal action against the county. The lawyer said the project is beginning to negatively impact home real estate sales in the area with some home prices recently dropping about $25,000 per transaction, a claim that District 2 Supervisor Candace Andersen of Danville disputed.

“Property values have not been impacted,” Andersen said. The supervisor also said prices of three homes in the Tice Valley Boulevard area have risen, recently. Additionally, the board vice chairperson supported the NPCRS development saying, “We need to demystify mental illness. I have family members with mental illness. I am for more mental health care facilities like this in the county.”

Rosemary Friedman, the mother of a bipolar daughter who stays at the University of California Davis, supports the NPCRS project because it would mean her daughter could be treated closer to home. “I want to let you know how badly we need this social rehabilitation facility in Contra Costa County,” she said.

Walnut Creek attorney Daniel Roemer said he supports the project because of his increased concerns about the shortage of mental health services and “I want to live in a community that takes care of itself.”

“These types of facilities are desperately needed in Contra Costa County,” said county mental health commissioner Douglas Dunn of Antioch.

“This is one type of facility that we don’t have in our county where people have to go out of county,” said District 5 Supervisor Federal Glover of Pittsburg. “Our families need these facilities so that they can be near their family members. This is something I would encourage more of in Contra Costa.”

Sheriff Livingston Opposes Sheriff Office Oversight Bill

At a rare public appearance before the Board of Supervisors, Contra Costa County Sheriff-Coroner David O. Livingston said he opposes state legislation, Assembly Bill 1185, that is sitting on Gov. Gavin Newsom’s desk for potential ratification or veto. The sheriff believes the governor will veto the bill.

During the hearing, supervisors and the sheriff listened to a number of speakers support state Assemblyman Kevin McCarty’s (Dem-Sacramento) bill, AB 1185. The supervisors’ hearing was held to comply with state law, the 2016 Truth Act signed by then-Gov. Jerry Brown that lays out the rules whereby sheriffs must comply when dealing with persons in their jails and ICE agents.

Sheriff Livingston said he and sheriffs in 57 other counties in the state have gone on record opposing the AB 1185 legislation pushed by human rights organizations to hold sheriff offices more accountable.

“I am an elected official. To say we don’t have oversight is ridiculous,” Livingston told the supervisors. “We have a lot of oversight. I’m happy to have people come to the jail for visits.”

“Until this year, between 2015 and 2017 we had no deaths in the jails,” said the sheriff. “Then, in 2018 there were six deaths.”

The sheriff’s office has recently installed ligature-proof bedding in all jail cells to reduce suicides. So far, this year there has been one death by suicide and one by pulmonary failure, the sheriff reported. In 2018 there were six jail related deaths, two by suicide and four to health or medical reasons.

Recognize 50th Anniversary of Concord Jazz Festival

The Supervisors recognized the 50th anniversary of the Concord Jazz Festival, initially called the Concord Summer Music Festival, begun in 1969 with a resolution at their meeting on Tuesday. The inaugural event drew 17,000 fans to a park that what would be later designated as Dave Brubeck Park, in recognition of jazz great and Concord native Dave Brubeck. Over the course of the last 50 years, the Concord Jazz Festival has featured jazz greats Count Basie, Rosemary Clooney, Ella Fitzgerald, Woody Herman, Marian McPartland, Poncho Sanchez, and Brubeck.   The festival was the idea of Carl Jefferson, who in 1973 started Concord Records which for 26 years had a strong jazz history in Concord, where talented musicians recorded albums that made the billboard charts.

From August 1 through August 10, the Concord Jazz Festival will sponsor jazz related events at different venue in the city.  For schedule information, go to www.concord.com.  Today, on August 3, the 50th Anniversary Jazz Festival and Art & Wine Expo will be held starting at 4 p.m. at the Concord Pavilion  It will feature Dave Koz & Friends Summer Horns, Esperanza Spalding, Chick Corea – The Spanish Heart Band, The Legendary Count Basie Orchestra featuring Patti Austin, Jamison Ross, Carmen Bradford and Poncho Sanchez & His Latin Jazz Band, and many more musicians.

Concord native serves aboard U.S. Navy Guided-Missile Destroyer in Pearl Harbor

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Petty Officer 3rd Class Aries Socrates. U.S. Navy photo by Mass Communication Specialist 1st Class David Finley.

By Lt. Courtney Prizer, Navy Office of Community Outreach

JOINT BASE PEARL HARBOR-HICKAM, Hawaii – A 2006 Contra Costa Christian High School graduate, 2013 Diablo Valley College graduate and Concord, California, native is serving in the U.S. Navy aboard the guided-missile destroyer, USS Chung-Hoon.

Petty Officer 3rd Class Aries Socrates works as a Navy fire controlman AEGIS aboard the forward-deployed Arleigh Burke-class guided-missile destroyer operating out of Joint Base Pearl Harbor-Hickam, Hawaii.

Socrates credits success in the Navy to many of the lessons learned in Concord.

“My hometown taught me the value of hard work and patience,” said Socrates, “Also, that the same day you plant the seed is not the same day that you will eat the fruit.”

Chung-Hoon measures approximately 500 feet and is powered by four gas turbines that allow the destroyer to achieve more than 30 mph in open seas.

Approximately 30 officers and 300 enlisted men and women make up the ship’s company. Their jobs are highly specialized and keep each part of the cruiser running smoothly, according to Navy officials. The jobs range from maintaining engines and handling weaponry to washing dishes and preparing meals.

As a Navy fire controlman AEGIS, Socrates is responsible for the computers and servers that provide the ship’s overall navigation and combat picture.

According to Navy officials, destroyers are tactical multi-mission surface combatants capable of conducting anti-air warfare, anti-submarine warfare and anti-surface warfare, as well as humanitarian assistance. Fast, maneuverable, and technically advanced, destroyers provide the required war-fighting expertise and operational flexibility to execute any tasking overseas.

Being stationed in Pearl Harbor, often referred to as the gateway to the Pacific in defense circles, means Socrates is serving in a part of the world taking on a new importance in America’s focus on rebuilding military readiness, strengthening alliances, and reforming business practices in support of the National Defense Strategy.

“Our priorities center on people, capabilities and processes, and will be achieved by our focus on speed, value, results and partnerships,” said Secretary of the Navy Richard V. Spencer. “Readiness, lethality and modernization are the requirements driving these priorities.”

Though there are many ways for sailors to earn distinction in their command, community, and career, Socrates is most proud of graduating from boot camp and technical school and now serving on a ship stationed in Hawaii.

“Dedication and persistence to my personal goals and family helped to push me through to reach where I am now,” said Socrates.

As a member of one of the U.S. Navy’s most relied upon assets, Socrates and other sailors know they are part of a legacy that will last beyond their lifetimes, one that will provide a critical component of the Navy the nation needs.

“Serving the Navy means working on and reflecting on myself and my goals,” added Socrates. “Through various obstacles presented on the job, I am constantly being tested, allowing me to build myself up in some way. I have been growing in patience, resilience, and physical strength, as well as taking more initiative.”

Frazier bill increasing representation for individuals with disabilities on Apprenticeship Board signed by governor

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Assemblyman Jim Frazier

SACRAMENTO – Last night, Governor Gavin Newsom signed AB 1019 by Assemblymember Jim Frazier (D-Discovery Bay) that would add two additional seats to a statewide advisory committee on apprenticeships and had overwhelming and bi-partisan support in both the Assembly and Senate.

AB 1019 would add both the Director of Rehabilitation and the Executive Director of the State Council on Developmental Disabilities to the Interagency Advisory Committee on Apprenticeships (IACA). This move would be to specifically address job and apprenticeship rates for Californians living with Intellectual and Developmental Disabilities (IDD) by the creation of a subcommittee with that exact purpose.

“Since 2013, California has had an employment first policy for the IDD community,” Assemblymember Frazier said. “Yet California has seen minimal growth in the employment rate for persons living with disabilities despite continued economic growth since the great recession.”

The American Community Survey reports that in 2017, the employment rate of working age people living with a disability (ages 21 to 64) in California was 36.9 percent compared to the percentage of working age people without a disability which was 77.3, a stark difference of 40.5 percent. Additional data from 2017 shows that 23.1 percent of working age people living with a disability on California are living in poverty.

Coroner’s inquest jury rules in Danville officer-involved shooting death of Newark man

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

Sheriff-Coroner David O. Livingston announces that a Coroner’s Jury has reached a finding in the November 3, 2018 death of 33-year-old Laudemer Atienza Arboleda of Newark. The majority finding of the jury is that the death was at the hands of another person, other than by accident. (See related articles, here and here)

The Coroner’s Jury reached the 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 peace 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.

Antioch foster father and son charged with sexual abuse of multiple children

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

Earlier this month, the Contra Costa County District Attorney’s Office charged defendant Simon Chavez, a 64-year-old resident of Antioch, California and his son Simon Magana Chavez, 31-year-old resident of Atwater, California for the sexual abuse of multiple children and unlawfully having sex with a minor.

The elder Chavez was a foster father at his home in Antioch with Contra Costa County’s Children and Family Services. Overall, he fostered young children under his care for at least 18 years.

Simon Chavez entered a not guilty plea to the 63 felonies on July 16 in the Pittsburg Superior Court before the Honorable Leonard Marquez. Chavez is in custody at the Martinez Detention Facility and his bail is $31.5 million.

Chavez’s son, Simon Magana Chavez was arraigned this past Friday in the Pittsburg Superior Court. He pleaded not guilty to the complaint. The younger Chavez is charged with multiple felonies and misdemeanors related for crimes against two children, including lewd acts against a child and unlawful sex. As recently as 2018, Simon Magana Chavez was a correctional officer with the state of California. The bail for Simon Magana Chavez is $1.23 million.

Both cases are assigned to Deputy District Attorney Diana Weiss with our Office’s Sexual Assault Unit.

Our Office does not release how a victim may know a defendant in a sexual assault case as well as the age or name of a victim to protect their confidentiality.

The investigation is ongoing and active. Members of the public with information about the case should call Antioch Police Detective Kelly Inabnett at 925-779-6932.

Case information: People v. Simon Chavez, Docket Number 04-197245-4; People v. Simon Magana Chavez, Docket Number 04-197264-5.

DA charges two with murder in beating death of Bay Point man

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Suspects from Antioch, Bay Point

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

Two suspects involved in a homicide and assault with a deadly weapon case in Bay Point that occurred on Thursday, July 18, 2019 have been formally charged with murder by the Contra Costa D.A.’s Office. Detectives from the Contra Costa County Office of the Sheriff Investigation Division presented their case to the D.A.’s Office on Thursday, July 25, 2019.

Both suspects remain in custody at the Martinez Detention Facility. 20-year-old Abel Garcia of Antioch, who was arrested on July 18, 2019, is held being held on murder, conspiracy, assault with a deadly weapon, and robbery charges. 24-year-old Erick Ruiz of Bay Point was arrested Friday, July 19, 2019. He is being held on the same charges. Both are being held without bail.

On Thursday, July 18, 2019, at about 9:09 PM, Muir Station Deputy Sheriffs were dispatched to a suspicious circumstance in the area of Riverside Drive and Mariners Cove in Bay Point. The caller stated that there was a man who appeared to be beaten in the street. Deputies arrived and found an unresponsive man in front of a home on the 200 block of Riverside Drive. The victim was taken to a local hospital where he was later pronounced deceased. He is identified as 38-year-old Johnny Burns of Bay Point. Later at about 9:21 PM, Deputy Sheriffs responded to a report of an assault with a deadly weapon on the 2700 block of Willow Pass Road in Bay Point. The victim was later treated and released from a local hospital.

The suspect vehicle and suspect descriptions were broadcast to law enforcement agencies in the area. The Concord Police Department later located the vehicle. Deputies responded to that location and took custody of Abel. An arrest warrant was issued for the Ruiz, who was arrested the next day.

The investigation is ongoing. Anyone with any information on this case is asked to contact the Office of the Sheriff at (925) 646-2441 or Investigation Division at (925) 313-2600. For any tips, email: tips@so.cccounty.us or call (866) 846-3592 to leave an anonymous voice message.