News | Contra Costa Herald

New BART schedule with minor changes effective January 15

January 6, 2024 By Publisher Leave a Comment

Get customized notifications with the BART app

By Bay Area Rapid Transit District

Some departure times will shift by a few minutes, and we encourage riders to check the schedule before January 15th to see if their trip is impacted.

BART’s Trip Planner has been updated for trips beginning January 15, 2024, and PDF timetables are available here.

The Official BART App offers customized in-app notifications about BART service and news.

Riders can personalize what type of information they get through the app based on when and where they ride BART and what information they care most about.

For example, you can select service advisories for your line and direction of travel and specific times of day. Or you can get real time departures pushed as notifications for the 15 minutes before arriving to a station on the days you ride.

To turn on these features, select the person icon in the upper-right, then select “Notification Settings” and starting adding what you want. This is a great option for people who don’t want to subscribe to text/email alerts or for people who remain on Twitter (X) only for BART Service Advisories.

We also made it easier to pay for parking with the new Tap-and-Go feature on the app that allows customers to pay for parking with just one tap. Check it out!

Nevada couple arrested for El Cerrito residential burglaries

January 6, 2024 By Publisher Leave a Comment

School locked down; Richmond, Kensington Police Dept’s assist

By El Cerrito Police Department

On Thursday January 4, 2024, at 2:27 pm, El Cerrito Police Officers responded to a report of a residential burglary in the 2000 block of Tapscott Avenue. Upon arrival, officers noticed that there was forced entry into the home and two suspects were reportedly inside according to witnesses. In an abundance of caution, officers contacted nearby Prospect Sierra School and requested that they lock down the school for their safety.

Additional officers from the Richmond Police Department and Kensington Police Department were summoned to assist. From the front of the residence, officers called to the suspects inside through a broken window after seeing them moving about the home. The suspects attempted to escape through the rear of the residence but were met with officers in the back, so they retreated back inside.

Officers called into the home numerous times and ordered the suspects to come outside but they did not comply. Officers forced entry into the home and two suspects were taken into custody with the help of the police K9. Officers recovered a firearm near the front door of the home.

The two suspects, a man and a woman from Nevada, were taken to a local hospital for treatment prior to being booked into the County Jail in Martinez.

New East Bay parks Police Chief, Assistant GM of Public Safety announced

January 6, 2024 By Publisher Leave a Comment

Salinas Police Chief Roberto Filice

By Dave Mason, Public Information Supervisor, East Bay Regional Parks District

Police Chief Roberto Filice. Source: EBRPD

After a nationwide search, the East Bay Regional Park District announces the appointment of Salinas Police Chief Roberto Filice as its new Assistant General Manager of Public Safety and Police Chief at the public agency. The East Bay Regional Park District’s mission is to preserve a rich heritage of natural and cultural resources and provide open space, parks, trails, safe and healthful recreation and environmental education. An environmental ethic guides the District in all of its activities. Chief Filice will be sworn in and begin in the role on January 22, 2024.

As the largest regional park district in the country, the park system spans Alameda and Contra Costa counties and serves an estimated 30 million visitors a year through park and trail access, visitor centers, and programs. Its workforce provides services that encompass 73 parks, 55 miles of shoreline, and over 1,300 miles of trails. With an expansive area and diverse lands, the Park District’s Public Safety Division comprises Police, Fire, and Lifeguard Services. The Police Department includes the Air Support Unit, Marine Patrol, Equestrian Patrols, Investigations Unit, and a 24-hour per day 9-1-1 Communications Center.

“We are pleased to welcome Chief Roberto Filice, a highly seasoned leader and law enforcement executive with over 25 years of dedicated public service, to the East Bay Regional Park District,” said Sabrina Landreth, General Manager at the East Bay Regional Park District. “We look forward to his leadership and strong sense of community service in this important role that prioritizes public safety, quality of life, and exceptional park experiences.”

“I am excited to be part of an organization that cares about engaging with the public and providing positive experiences in nature and recreational opportunities with safety in mind,” said Chief Roberto Filice. “With a community-focused and team-oriented approach, I am ready to build partnerships, mentor and support career development opportunities, collaborate to enhance our work, and commit to serving the public in my role at the East Bay Regional Park District.”

The Assistant General Manager of Public Safety and Police Chief position will further enhance the vital work of Fire, Police and Lifeguard Services, knowing that public safety and quality of life are both personal and shared responsibilities for all community members.

With decades of experience, Chief Filice has served as the Chief of the Salinas Police Department since 2021, following his tenure there as Assistant Chief for four years. During his distinguished tenure, his strategic vision, in alignment with the principles of 21st Century Policing, was centered on crime reduction, fostering new opportunities for officer career development, enhancing organizational efficiency through technological advancements, and a steadfast commitment to refining and cultivating community relationships.

Chief Filice’s academic achievements include the successful completion of the FBI National Academy (Session 255), Senior Management Institute in Policing (SMIP), FBI Law Enforcement Executive Development Seminar (LEEDS), Peace Officers Standards and Training Executive Certificate, a Master of Business Administration in Public Administration, and Master of Science degrees in Criminal Justice Administration from Columbia Southern University. Additionally, Chief Filice holds a Bachelor of Science degree in Criminal Justice from Mountain State University and is currently attending the prestigious Executive Leaders Program at the Naval Postgraduate School in Monterey.

Chief Filice actively participates in various professional associations, reflecting his commitment to ongoing learning and collaboration. He is a member of the International Association of Chiefs of Police (IACP), the Police Executive Research Forum (PERF), Salinas Faith-Based Organizations, California Police Chiefs Association, FBI National Academy Associates, serves as the Central California Representative on the CalChiefs Board of Directors, and is a Board Member of the Marina Police Activities League.

The East Bay Regional Park District is the largest regional park system in the nation, comprising 73 parks, 55 miles of shoreline, and over 1,300 miles of trails for hiking, biking, horseback riding, and environmental education. The Park District receives an estimated 30 million visits annually throughout Alameda and Contra Costa counties in the San Francisco Bay Area.

Clayton woman arrested for domestic violence New Year’s Eve

January 6, 2024 By Publisher Leave a Comment

Mozelle Cherwin in a photo posted on her Facebook page on Aug. 2, 2023.

Second time since Oct. 2022

By Allen D. Payton

According to the Clayton Police Department’s weekly report, on Sunday, Dec. 31, 2023, at 7:48 p.m., officers responded to a call for service on Frank Place and arrested 50-year-old Mozelle Hasselfeld Cherwin, born 06/01/73, for battery of a spouse, ex-spouse, cohabitant or date (243(E)(1) PC).

She was transported to the Martinez Detention Facility for booking. According to the Contra Costa Sheriff’s Office, Cherwin bonded out of custody on Tuesday, Jan. 2, 2024.

According to information on Cherwin’s Facebook page, she is married and according to localcrimenews.com, Cherwin was also arrested by Clayton Police on Oct. 16, 2022, for inflicting corporal injury on a spouse or cohabitant (273.5 PC).

East Bay Regional Parks celebrating 90 years throughout 2024

January 5, 2024 By Publisher Leave a Comment

Participate in 90th Anniversary “Explore Your Parks” Adventure Series

By Dave Mason, Public Information Supervisor, East Bay Regional Park District

Welcome to the East Bay Regional Park District’s 90th Anniversary year. After 90 years, the Park District has grown to be the largest regional park district of its kind in the nation, with 73 regional parks available for hiking, biking, swimming, horseback riding, boating, fishing, picnicking, camping, and nature discovery. The Park District manages over 125,000 acres of parklands, 55 miles of shoreline, and more than 1,300 miles of trails in Alameda and Contra Costa counties. Wherever you live in the East Bay, there is a beautiful regional park close to you.

To celebrate 90 years of land preservation, environmental conservation, and recreation, the District is planning a series of events and programs throughout the year, including a community birthday celebration on May 11 and monthly naturalist led “Explore Your Parks” adventure programs, among others. Additional events and programs will be announced throughout the year.

“Join us in celebrating the Park District’s 90 years of milestones and history of environmental conservation and positive experiences in nature,” said Park District General Manager Sabrina Landreth. “We invite the public to enjoy their regional parks and shorelines and celebrate with us throughout the year at events and programs commemorating our 90 years of service to the community.”

The East Bay Regional Park District’s story began in the late 1920s when thousands of acres of watershed land in the East Bay Hills suddenly became available for development. Civic leaders came together with a vision: preserve the land forever, and balance environmental conservation with public enjoyment.

To aid the cause, they enlisted renowned landscape architect Frederick Law Olmsted, Jr. and National Park Service’s Chief Naturalist Ansel Hall to survey the watershed lands for potential park use. The resulting 1930 Olmsted-Hall report titled “Report on Proposed Park Reservations for East Bay Cities” brought national credibility to the effort and is largely considered the founding document of the East Bay Regional Park District.

Four years later, in the heart of the Great Depression, civic leaders placed a measure on the ballot to establish the Park District and tax themselves for land preservation. The measure passed on November 6, 1934, by a resounding 71 percent – even during trying times and economic instability. On June 4, 1936, the District purchased land from the East Bay Municipal Utility District to create its first three parks – Upper Wildcat Canyon (Tilden), Temescal, and Roundtop (Sibley).

For 90 years, the East Bay Regional Park District has preserved and protected open space and provided safe and welcoming parks for recreation and nature viewing.

For more information about the Park District’s 90th Anniversary, including events and activities, visit www.ebparks.org/celebrating-90-years.

90th Anniversary “Explore Your Parks” Adventure Series

Throughout 2024, Park District naturalists are hosting a series of programs and events to celebrate the District’s 90th Anniversary. Look for these events to discover new parks, activities and ways to celebrate 90 years of connecting parks and communities. Celebrate with us!

KING TIDE WALK

Hayward Regional Shoreline (West Winton Ave. Staging Area)

Jan 13 (Sat), noon-1:30 p.m.; Feb 10 (Sat), 11 a.m.-12:30 p.m.

What are king tides? How do they affect plants and animals, and what can we learn from them? Be prepared for muddy shoes! Drop-in program; no registration is required.

COMMUNITY SCIENCE BIO BLITZ

Sunol Wilderness Regional Preserve (Sunol)

Jan 27 (Sat), 10 a.m.-noon

Love nature and want to contribute to real scientific studies? Learn how apps like Seek, iNaturalist, and others are used to help scientists gather data, while enhancing your next hike! Drop-in program; no registration is required.

CELEBRATING BLACK HISTORY WALKS

Thurgood Marshall Regional Park (Concord)

Sundays in February, 10 a.m.-1 p.m.

In honor of Black History Month, tours will explore the southern end of the new Thurgood Marshall Regional Park – Home of the Port Chicago 50, where attendees can learn about the natural and human history of the land. Registration required. www.ebparks.org/calendar.

WINTER WALK

Carquinez Strait Regional Shoreline (Port Costa Staging Area)

Feb 23 (Fri), 9am-noon

Take in the spectacular views of Carquinez Strait and look for signs of spring’s approach along this rolling, paved trail. Heavy rain cancels. Drop-in program; no registration is required. The East Bay Regional Park District is the largest regional park system in the nation, comprising 73 parks, 55 miles of shoreline, and over 1,300 miles of trails for hiking, biking, horseback riding, and environmental education. The Park District receives more than 25 million visits annually throughout Alameda and Contra Costa counties in the San Francisco Bay Area

El Cerrito man, former rock musician, arrested in homicide of girlfriend

January 5, 2024 By Publisher Leave a Comment

Alice “Alyx” Kamakaokalani Hermann and Theobald “Theo” Lengyel. Photos: El Cerrito PD. Lengyel’s arrest on Jan. 2, 2024. Photo: Capitola PD

Went missing from Santa Cruz Dec. 3, her car located in front of his house, human remains located in Tilden Regional Park

By Allen D. Payton

The Capitola Police Department reported on Tuesday morning, Jan. 2, 2024, Theobald “Theo” Brooks Lengyel (54 years old) was arrested in connection with the homicide of his girlfriend Alice “Alyx” Kamakaokalani Herrmann (61 years old) of Capitola, CA. Lengyel was located in the Santa Cruz County Sheriff’s jurisdiction after an arrest warrant was issued. He was taken into custody by Santa Cruz Sheriff’s Deputies and Capitola PD Detective Currier without incident with the collaboration of the Department of Justice. Lengyel was subsequently booked into Santa Cruz County jail.

The arrest of Lengyel was executed following an intensive and collaborative investigation by Capitola PD which took over as the lead agency in the case. The joint efforts with the Santa Cruz County District Attorney’s Office and El Cerrito Police Department were instrumental in bringing this case to resolution.

Alice Kamakaokalani, a 5’04” tall, 135-pound Pacific Islander woman, was last seen in Santa Cruz, CA on December 3, 2023, prompting a missing person investigation from law enforcement agencies. Capitola Police, in conjunction with El Cerrito PD, initiated an investigation into her disappearance reported by relatives on December 12, 2023, after not hearing from her for over a week.

Capitola PD Detectives gathered evidence, conducted interviews and collaborated with partner agencies to piece together the circumstance surrounding Kamakaokalani’s disappearance.

Kamakaokalani’s car and Lengyel’s truck. Photos: El Cerrito PD

El Cerrito Police investigators located her vehicle, a red 2007 Toyota Highlander SUV, license plate “5VAC944”, in front of the home of her boyfriend, Lengyel, in El Cerrito, CA. Based on his actions, Lengyel was then considered a person of interest in Kamakaokalani’s disappearance and was not cooperative with the police investigation. The 5’10”, 170-pound Lengyel also goes by the name, “Mylo Stone.” In the days following her disappearance, Theo Lengyel is known to have travelled by vehicle from El Cerrito to Portland, OR. He drives a blue 1989 Ford pickup truck, license plate “UNCLDRT.”

Both vehicles were taken into police custody.

Investigators sought information about the actions of both Theo Lengyel and Alice Herrmann from December 3, 2023. As the investigation progressed, it became clear that foul play was involved, leading to the identification of Lengyel as a suspect.

According to sfgate.com Lengyel was a founding member of the funk-metal band Mr. Bungle and, according to the San Francisco Chronicle, he played saxophone, clarinet and keyboards for the group from 1985 to the mid-1990s,.

According to an NBC News report, “Investigators eventually recovered human remains in a wooded area within Tilden Regional Park in Berkeley, about 4 miles from El Cerrito.”

Those remains are pending DNA confirmation from the Santa Cruz County Coroner’s Office which is handling the case. An effort to contact their PIO for more information was unsuccessful prior to publication time.

Capitola Police wrote in a press release, “The diligent work of our investigators, in coordination with our law enforcement partners, has led to the apprehension of Theobald Lengyel in connection with the tragic homicide of Alice Kamakaokalani. We extend our deepest condolences to the family and friends of the victim during this difficult time.

The Capitola Police Department expresses gratitude to the involved agencies who have and are continuing to assist in this investigation: Santa Cruz County District Attorney’s Office, Santa Cruz County Sheriff’s Office, East Bay Regional Parks District Police Department, Contra Costa County Crime Lab, El Cerrito Police, California Office of Emergency Services and Department of Justice.

Lengyel is currently in custody in the Santa Cruz Main Jail. the Capitola Police Department will work closely with the Santa Cruz County District Attorney’s Office to ensure a thorough prosecution of the case.

This remains an ongoing investigation, the Capitola Police Department will not provide further details at this time. Updates will be provided as they become available.”

Please check back later for any updates to this report.

CA Attorney General issues Race-Blind Charging Guidelines for prosecutors

January 4, 2024 By Publisher Leave a Comment

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:

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.
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.
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.
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.
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.
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.
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.
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.
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.

Delta Levees Investment Strategy becomes California state law

January 4, 2024 By Publisher Leave a Comment

Delta levee work. Photo: Delta Stewardship Council

New flood-related regulations prioritize levee investments in the Delta and Suisun Marsh

By Delta Stewardship Council

SACRAMENTO – The new year has brought new flood protections for the Sacramento-San Joaquin Delta. The Delta Stewardship Council has successfully amended the Delta Levees Investment Strategy (DLIS), a tool the state uses to prioritize investments in Delta levee operations, maintenance and improvements, thus reducing the likelihood and consequences of levee failures.

Executive Officer Jessica R. Pearson at a Delta Stewardship Council meeting. Photo: DSC

The amendment assigns very high, high, or other priority to islands or tracts within the Delta and Suisun Marsh and directs the California Department of Water Resources (DWR) to fund levee improvement projects by order of priority. Additionally, it requires the DWR to submit an annual report to the Council describing Delta levee investments relative to the established priorities. The amended regulation took effect on January 1, 2024.

“Delta flood risk is one of the most urgent threats to California and will continue to worsen in the future with changes in sea levels and storm patterns,” says the Council’s Executive Officer Jessica R. Pearson. “Limited funding to address that risk demands clear priorities. The product of nearly a decade of public input and collaboration, the strategy represents one of the Council’s greatest milestone achievements.”

The Dutch Slough Tidal Marsh Restoration Project site, located in the Sacramento-San Joaquin Delta near Oakley, California.
The restoration project implemented by the California Department of Water Resources will restore 1,187 acres into a tidal marsh to provide habitat for salmon and other native fish and wildlife. Photo taken May 18, 2023, by Florence Low / California Department of Water Resources,

“Flood protection is a key piece of DWR’s work to increase water resilience as California moves toward a hotter, drier future,” says DWR Director Karla Nemeth. “DWR stands in partnership with the Delta Stewardship Council across multiple initiatives, including the Delta Levees Investment Strategy. These efforts will provide needed protections to the diverse communities that call the Delta home.”

The Delta’s 1,100 miles of levees provide protection for residences, agricultural lands, and infrastructure, which need deliberate and sustainable maintenance and funding. Many of the levees date back to when the Delta was reclaimed for agricultural purposes in the late 1800s.

The updated strategy prioritizes the protection of people, property, and state interests and advances statewide water supply reliability and Delta ecosystem resilience in a manner that protects and enhances the Delta as a place where people live, work, and recreate.

Source: DSC

On September 21, 2023, the Office of Administrative Law approved the Council’s Administrative Procedure Act process to amend the California Code of Regulations, title 23, sections 5001 and 5012, to implement the Council’s Delta Levees Investment Strategy. The amended regulation took effect on January 1, 2024, and is available at on the Delta Levees Investment Strategy web page at deltacouncil.ca.gov/DLIS.

ABOUT THE COUNCIL

The Delta Stewardship Council was created by the California Legislature in 2009 to advance California’s water supply reliability and the Delta’s ecosystem resiliency in a manner that protects and enhances the region’s unique characteristics. It is composed of seven members, advised by an independent 10-member science board, and supported by a dedicated staff. For more information, visit the Council’s website at deltacouncil.ca.gov.

Investigation shows human error caused BART train derailment, fire

January 4, 2024 By Publisher Leave a Comment

Two cars of the eastbound Antioch line BART train derailed Monday morning, Jan. 1, 2024. Photo by Allen D. Payton

Crossed over to opposite track; some riders self-evacuated

By BART

While the investigation of the January 1, 2024, derailment and fire just east of the Orinda Station continues, BART is providing an update on what occurred and next steps.

Condition of track equipment

That section of track where the derailment occurred, including the interlocking, was recently replaced and was in good operating order. BART’s train control system is being modernized as part of implementing Communications Based Train Control, a major rebuilding project underway.

Timeline of What Happened

At 8:45am on Monday, January 1, 2024, the computer system that monitors and manages BART tracks experienced a localized loss in communication with a field device specific to an area near Orinda Station, including the track interlocking located between Orinda and Lafayette stations. When this occurs, the Operations Control Center does not receive a status indication of route alignments in the area and track positions cannot be controlled remotely. The computer and communication system fails in a safe mode and there are procedures in place to continue to provide train service while crews troubleshoot the loss of computer communication. The system had been operating at the start of revenue service and one train had already travelled eastbound through the area.

At 8:50am the Operations Control Center instructed the train operator of an approaching eight-car Antioch bound train to manually align the route at the interlocking. The route was to be straight through. The train operator left the cab to align the track route. PA announcements were made to riders on board about the delay. The train operator confirmed with the control center they had set the track for a straight through alignment. The control center instructed them to drive the train in manual mode through the area.

Once moving, the train operator reported to the control center the train was crossing over to the opposite track, which was not the correct alignment. In response the control center held all trains in the area and instructed the train operator to move from the Antioch end of the train to the SFO end of the train and to move the train in the SFO direction to clear the interlocking area of the track and correctly align the route for straight through movement. The train operator walked to the other end of the train and moved it in manual mode in the SFO direction. Two cars derailed under slow speed causing electrical arcing, smoke, and flames. Some riders immediately started to self-evacuate by using the emergency door release.

At 9:05am the train operator reported to the control center they believed the train had derailed. The train operator then began to sweep the train, walking through each car to tell people to evacuate. The operator reported the smoke and flames to the control center and advised that people had already started evacuating.

Orinda Police were first to arrive on scene and helped evacuate all riders safely and Orinda Fire Department extinguished the flames.

By 9:23am, the control center was told all riders on board, estimated to be about 100-150 people, had been safely evacuated from the train.

Next Steps

The investigation into the derailment continues. BART has 60 calendar days from the date of the incident to provide a report to the California Public Utilities Commission (CPUC). Until the CPUC accepts and closes the report, the incident is considered “under investigation”, until such time, the report is unavailable to the public.

1/2/24 4:45am Update: Normal Yellow line service will run today following overnight repairs and safety inspections. The headline for this story has been changed to reflect this update.

1/1/24 9:30pm Update:

The incident train is now moving towards the yard. Crews are working on repairs. We will be using our tamper vehicle to surface the track area, pounding down the rocks/ballast. The good news is there was no damage to track switches which would have required more extensive repairs.

The bus bridge will remain in effect through the end of service tonight. Crews will work to make repairs and inspect the tracks this evening and overnight. We hope for full normal service between Walnut Creek and Rockridge tomorrow.

7pm Update:

The crane has successfully re-railed both impacted cars. We will now couple the incident cars with others to tow them out of the way. Track crews have already begun making repairs to damaged sections of the track so we are hopeful to have, at minimum, single tracking train service through the area for morning service. It could be full normal service depending on progress made.

4:40pm Update:

The crane arrived on scene.

4pm Update:

The two lanes on Eastbound Highway 24 are now closed and crane is enroute for placement.

See remainder of timeline and more photos, here.

Allen D. Payton contributed to this report.

CA Racial and Identity Profiling Advisory Board releases report on 2022 Police Stop Data

January 3, 2024 By Publisher Leave a Comment

Photo: Policing Project

560 law enforcement agencies made 4,575,725 stops

Black individuals were searched at a rate 1.66 times the rate of White individuals

By California Attorney General’s Office

The California Racial and Identity Profiling Advisory Board (Board) today, Wednesday, Jan. 3, 2024, announced the release of its annual report on police stops across California. The report analyzes millions of vehicle and pedestrian stops conducted in 2022 by 560 law enforcement agencies in California — a major expansion from the 58 participating agencies in the previous report — under the Racial and Identity Profiling Act (RIPA). In addition to providing an in-depth look into policing in 2022, the Board’s report contains a wide array of best practice recommendations related to policing, with a particular focus on the impact of pretext stops, law enforcement interactions with youth, civilian complaint processes, police union effects on law enforcement accountability, and trainings on racial and identity profiling. Overall, the findings from the latest RIPA report are consistent with the disparities observed in prior years’ data with respect to perceived race, age, and disability status.

“California is leading the nation in identifying and addressing racial and identity profiling,” said Andrea Guerrero, Co-Chair of the RIPA Board and Executive Director of Alliance San Diego. “This report marks a major milestone as the first to include stop data from law enforcement agencies across the entire state. The scale of data that California is collecting allows us to say definitively that profiling exists — it is a pervasive pattern across the state. We must now turn to the hard work of ending profiling by bringing all the stakeholders to the table to ascertain and change the policies and the practices that enable it. I’m proud to work alongside community and law enforcement leaders on the RIPA Board who are having the tough conversations needed to bring about change. Public safety depends on all of us, and we invite all stakeholders to join the RIPA Board on our path to progress.”

“The annual collection of the RIPA stop data is making California communities safer by directing thoughtful and reflective reform,” said California Attorney General Rob Bonta. “Over the last several years, we’ve collected and analyzed information on more than 16 million police encounters in our state. In turn, with the support of our staff at the California Department of Justice, the RIPA Board has continued to issue key recommendations for our law enforcement agencies to promote transparency and take critical steps to enhance, and in some cases, repair the public trust.”

The information collected under RIPA includes data on peace officers’ perceptions of the demographics of stopped individuals, such as race or ethnicity, gender identity, sexual orientation, age, and disability. The Board collects this information to determine whether disparities can be found across demographic groups. The Board uses several well-established methodologies to analyze stop data to determine if bias may exist.

Some of the key findings from the Board’s report include:

Number of Stops: A total of 4,575,725 stops were conducted by 560 agencies from January 1, 2022 to December 31, 2022.
Population Comparison: Overall, the disparity between the proportion of stops and the proportion of residential population was greatest for Black individuals, who were stopped 131.5 % more frequently than expected.
Search Rates: Black individuals were searched at a rate 1.66 times the rate of White individuals. Although stopped individuals perceived to be Black or Hispanic/Latino were searched at a higher rate relative to individuals perceived to be White, officers discovered contraband or evidence during stops in which they conducted searches at a lower rate for individuals perceived to be Black or Hispanic/Latino.
Actions Taken: Officers reported not taking any reportable action during 75% of stops and taking actions during 25% of stops. Of all the racial or ethnic groups, stopped individuals whom officers perceived to be Native American had the highest rate of being searched (22.4%) and handcuffed (17.8%). Stopped individuals whom officers perceived to be Black had the highest rate of being detained curbside or in a patrol car (20.2%) and ordered to exit a vehicle (7.1%). Individuals perceived to be transgender men/boys also had actions taken towards them during half of their stops (50.0%).

In addition to the data analysis, the Board issues best practice recommendations that law enforcement agencies, the Legislature, local policymakers, the Commission on Peace Officer Standards and Training (POST), community members, and advocates should consider when implementing evidence-based and data-driven policy reforms geared to eliminate racial and identity profiling and improve law enforcement and community relations. Examples of the Board’s recommendations from the report include:

Ending all pretextual stops and searches by taking actions such as ending consent or supervision searches as well as limiting law enforcement roll in the enforcement of traffic laws;
Prohibiting the collection of field interview cards and entries into CalGang or any agency database in absence of an arrest;
Adopting internal policies that prohibit law enforcement agencies and district attorneys from pursuing criminal charges for standalone resisting arrest without other citable offenses;
Prioritizing a care-first model, reducing unnecessary criminal justice intervention or law enforcement response in favor of a community-based response for youth with disabilities and youth experiencing mental health crises;
Considerations related to the efficacy of school police and law enforcement contacts, such as identifying specific student conduct or statutory violations that require disciplinary action that should be handled by school staff, and for which law enforcement officers should not be involved;
Calling for further research on how Police Officer Bills of Rights and provisions or agreements with unions affect police accountability;
Amending Penal Code section 832.5 to include a standardized definition of “civilian complaint”;
Reviewing all available video footage and incorporating root cause analysis into complaint investigations; and
Seeking community and Board input early in POST’s course development process and integrating feedback into the course curriculum before finalizing the course.

For more on RIPA and other criminal justice data, members of the public are encouraged to visit OpenJustice, a data-driven initiative that works to increase access to criminal justice data and support the development of public policy.

A copy of the report announced today is available here. More information about the Board is available here.