Contra Costa Herald

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

Pittsburg man charged with selling Fentanyl-laced pills that killed buyer in Walnut Creek

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Fentanyl overdose kills young adult who ingested counterfeit oxycodone pills

SAN FRANCISCO – The United States Attorney’s Office charged Gage Pascoe with the distribution of pills containing fentanyl that resulted in the overdose death of his customer, announced United States Attorney David L. Anderson and Special Agent in Charge Daniel C. Comeaux, Drug Enforcement Administration (DEA).

The federal complaint alleges that Pascoe, 22, of Pittsburg, California, sold counterfeit pills that appeared to be Oxycodone but instead contained the lethal drug fentanyl.  The young adult customer purchased the pills from Pascoe and shortly after taking the apparent Oxycodone pills at a Walnut Creek home died from an overdose of fentanyl.

“This sad, tragic death shows how easy it is to die from drugs bought from drug dealers,” said U.S. Attorney Anderson.  “Counterfeit pills marked and sold as one drug, such as Oxycodone pills with “M30” stamps, commonly contain fentanyl instead.  Even a tiny amount of fentanyl is deadly.  Drug buyers must be aware that pills bought from drug dealers may be laced with fentanyl.  Drug dealers should know we vigorously prosecute those who sell drugs that cause fentanyl overdoses.”

“Fentanyl is cheap, man-made and potent. Overdose can occur in the smallest amount and in this case it left a family with unimaginable loss,” stated DEA Special Agent in Charge Daniel C. Comeaux. “We will pursue those who distribute this deadly drug and continue to seek justice for those lives that have been lost.”

The complaint charging Pascoe describes how he was a repeat dealer of illegal drugs to the victim.  The complaint outlines that Pascoe communicated in the days before the death through a series of text messages with the victim, who he knew from attending the same high school, to sell Oxycodone to the victim.  The texts, outlined in the complaint, show that Pascoe offered “more oxy” to his victim customer and they eventually met up in Pittsburg at night for Pascoe to sell the purported Oxycodone pills to the victim.  The next day, June 17, 2020, the victim was found dead at a Walnut Creek home.  The complaint describes how the victim’s father found pills in the victim’s room with “M30” stamped on them, which is a common stamp on counterfeit Oxycodone pills containing fentanyl.  A lab analysis found those pills to contain fentanyl.  As the complaint further describes, an analysis of the victim’s body showed the victim died from a fatal fentanyl overdose.

Pascoe was arrested on Saturday, December 5, 2020, and made an initial appearance today in San Francisco federal court before United States Magistrate Judge Laurel Beeler.  Pascoe is currently being held in custody pending further proceedings.  He is scheduled to appear for a detention hearing before United States Magistrate Laurel Beeler on December 14, 2020, at 10:30 am.

The charges contained in the criminal complaint are mere allegations.  As in any criminal case, the defendant is presumed innocent unless and until proven guilty in a court of law.

Pascoe is charged with one count of distribution of fentanyl resulting in death or great physical injury, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C).  If convicted of this count, he faces a maximum penalty of life in prison and a mandatory minimum of 20 years in prison, and a maximum fine of $1,000,000.  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 case is being prosecuted by the Organized Crime Drug Enforcement Task Force (OCDETF) of the United States Attorney’s Office for the Northern District of California. The investigation of this case was conducted by the Drug Enforcement Administration, the Concord Police Department, and the Walnut Creek Police Department.

This investigation and prosecution is part of OCDETF, which identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

Read the criminal complaint, here.

 

Writer, private investigator questions investigation, prosecution in 15-year-old murder of Lafayette woman

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She was the wife of a famous attorney; writer claims neighbor was falsely accused and wrongly convicted, case should be investigated by DA’s Conviction Integrity Unit

Dear Editor:

Fifteen years ago, Lafayette resident Pamela Vitale was repeatedly and savagely bludgeoned, and stabbed numerous times within her home by those responsible for her violent death. I believe, and am of the opinion, that it was an incomplete, flawed, inadequate, and unfortunately misdirected investigation(s), initial defenses and prosecution. In the investigations’ haste the neighborhood’s poor teenager, Scott Dyleski, was quickly and questionably focused on as being the responsible party, to the exclusion of any others, even though law enforcement’s own leads and evidence suggested someone else, perhaps even two others, was/were responsible for her brutal death.

Vitale was the wife of famed attorney David Horowitz and friend of television host and legal commentator, Nancy Grace, who ran an episode about the case during a TV show, last year. Horowitz was an early suspect in the murder.

It is my opinion and belief that this murder case, with some notoriety involved, was where much investigative evidence was ignored and/or discounted in order to quickly bring someone forward as the responsible before the numerous news media and press that had pounced on the case. Scott Dyleski unfortunately was brought before the public and prosecuted as the responsible!

Years ago, I was hired by Scott Dyleski’s two appeals attorneys for the purposes of assisting them in their representation of Scott Dyleski’s conviction appeals and defense. it was my impression then, and still is, that the killing of Pamela Vitale was a personal rage type of murder by one who closely interacted with and knew her.

This very brief summary position is of my case analysis, evidence, investigation, opinion and beliefs, concerning the then investigations, defense and prosecution of the quickly suspected, accused, and I believe wrongly convicted Scott Dyleski in the vicious murder of Pamela Vitale. Scott Dyleski has been incarcerated for 15 years for a crime that he is seriously believed to NOT have committed, with the responsible(s) having yet to be clearly identified by law enforcement, held accountable, or brought to justice.

There’s so much that the case suggests and points to as to the sequence of events that fateful day. One significant part is, I truly believe, based upon the information and evidence, that the brutal victimization of Pamela Vitale was not a single continuation of events. No, the evidence points to there having been separate phases that ultimately led to her violent and savage unwarranted death. This I say with my own 50-plus years of hands-on public safety investigative training and experiences, which includes numerous Homicide investigations. I have been a state certified Homicide Investigator since 1980.

The Contra Costa County District Attorney’s Office reported in June 2019 that it had established the Conviction Integrity Unit to review cases where it’s suspected that someone may have been convicted of a crime that they did not commit. I quickly submitted a request in writing to the D.A.’s unit and to the Public Defender’s Office over a year ago. I haven’t heard from them since. This case definitely cries out for such reopening and renewed investigation of the case, including both the defense’s and prosecution’s involvements. I believe, and am of the opinion, that it was a serious injustice and unfortunately misdirected case investigation(s), his defense and prosecution.

It is my opinion and belief that this case cries out for a full and proper reopening and re-investigation of the case, including the activities of the police, the defense’s and the prosecution’s involvements. Not only is Scott Dyleski the loser in all of this but so is the foundation of our society wherein we all are entitled to a just and equal expectation of a fair, complete, and unbiased administration of Justice. Pamela Vitale’s death and Scott Dyleski deserve real Justice!

Your assistance in demanding such from the D.A.’s Office and Public Defender’s Office is more than warranted. Fifteen years of Scott’s young life has already been denied him and he still faces many more if this very serious matter is again just ignored by all. Her murder deserves that the whole truth is determined, not ignored! And those really responsible should be brought to justice!

Ralph A. Hernandez

Antioch

 

Coroner’s Inquest Jury finds death of Richmond man shot by police to be suicide

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

Luc Toan Chanh Ciel

Contra Costa County Sheriff-Coroner David Livingston announces that a Coroner’s Jury has reached a finding in the April 11, 2019 death of 55-year-old Luc Toan Chanh Ciel of Richmond. The finding of the jury is that the death is a suicide.

The Coroner’s Jury reached the 10-0 verdict after hearing the testimony of witnesses called by the hearing officer, Matthew Guichard.

According to a Richmond Standard news report, Ciel, who had a restraining order against him for prior domestic violence incidents, was fatally shot by Richmond Police when he was  stabbing his family members and turned on them.

According to a police statement, “Officers interrupted the suspect’s physical assault on a family member, then fired when the armed suspect ignored commands and advanced on them.  The suspect was later pronounced deceased on scene. Officers rescued an adult female suffering from a laceration to her stomach and a male juvenile suffering from a laceration to his face.”

A Coroner’s Inquest, which Sheriff-Coroner David 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.

 

Brentwood woman arrested, charged with murder for death of her 2-year-old child from fentanyl intoxication

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By Brentwood Police Department

It was the call that every officer dreads to hear…

On September 20, 2020, at around 2:54 AM, Brentwood officers responded to a residence in the 50 block of Havenwood Ave. to investigate a report of an unresponsive 2 year-old child, later identified as Jasani Kerry. His mother, 22-year-old Genesis Barrera-Galdamez, had found him unresponsive and telephoned emergency personnel.

When officers and emergency personnel arrived on scene, they performed CPR for several minutes, however, Jasani was ultimately declared deceased. The preliminary investigation revealed drug paraphernalia and illicit drugs that later tested positive for fentanyl in the presence of Jasani preceding his death. Weeks later, a Contra Costa County Coroner’s pathologist determined Jasani’s cause of death was due to acute fentanyl intoxication.

Following an extensive follow-up investigation, Brentwood investigators prepared an arrest warrant for Genesis charging her with murder.

On October 30, 2020 at around 3:30 PM, investigators located Genesis at the Comfort Inn Hotel located at 2436 Mahogany Way in Antioch and took her into custody without incident. Genesis was booked at the Martinez Detention Facility on the outstanding arrest warrant.

Yesterday the Contra Costa County District Attorney’s Office formally charged Genesis with second-degree murder, possession of narcotics for sale, and child abuse resulting in death. Genesis is being held on $1.1 million dollar bail.

Our deepest condolences go out to the family and friends who have been affected by this tragedy. The loss of any child is difficult for anyone to bear; we hope the arrest in this case can bring some peace to those affected.

Rest in peace Jasani.

Arraignment Scheduled For November 18

Contra Costa District Attorney’s Office Public Information Officer Scott Alonso issued the following about the case Thursday morning:

Earlier this week, the Contra Costa County District Attorney’s Office filed murder charges against Genesis Barrera-Galdamez (22-year-old resident of Brentwood) for the death of her two-year-old son, Jasani Kerry, Jr. Barrera-Galdamez was also charged with felony child abuse and felony possession of Fentanyl to sell. Two enhancements were also filed tied to the child abuse charge against the defendant: willful harm causing injury and great bodily injury resulting in brain damage and paralysis. The young child consumed fentanyl under the care of Barrera-Galdamez. The child’s autopsy report later ruled the toddler’s death was caused by Acute Fentanyl Toxicity.

Brentwood Police Department investigated the case and presented it to our Office for filing. Homicide Unit Supervisor Derek Butts reviewed the investigation and filed the charges listed above.

“While the Defendant did not intend that her son Jasani die, the evidence shows that she was aware her Fentanyl possession and use was dangerous to human life and despite this knowledge, exposed Jasani to the danger which ultimately led to his death, stated Deputy District Attorney Butts. “Well known amongst abusers, Fentanyl is an exceptionally toxic and dangerous substance.  The act of exposing people to or supplying others with Fentanyl, if death results, can lead to murder charges.”

In the early morning hours of September 20, the defendant called police and stated her son was not breathing and non-responsive. She told the police that her son appeared blue and his body was very cold. CPR performed at the scene by Brentwood Police Officers and continued by American Medical Response personnel for over 30 minutes did not revive the boy. Officers at the scene located multiple items of drug paraphernalia on and around the bed the Defendant shared with Jasani, including 13 grams of powdered Fentanyl, baggies and tin foil pieces containing Fentanyl residue and a torch lighter.

After Jasani’s death, Barrera-Galdamez attempted to sell Fentanyl to multiple parties. Brentwood Police Department officers obtained a warrant for the arrest of the defendant on October 29th. The following day, Barrera-Galdamez was arrested at the Comfort Inn in Antioch, where she was engaging in Fentanyl sales.

Barrera-Galdamez made her first appearance in court yesterday and she remains in custody with bail set at $1,100,000. Her arraignment on the charges was set for November 18th.

Case information: People v. Genesis Barrera-Galdamez, Docket Number 04-200626-0.

 

Contra Costa DA Becton supports one-sided bill limiting police union influence in elections

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First-in-the-nation legislation labeled “Cure the Conflict” to require prosecutors recuse themselves from investigating, prosecuting police misconduct if they’ve received campaign contributions from police unions

Does not include similar provisions for contributions from criminal defense attorneys

Becton wants to take it further and ban contributions from police unions to DA candidates; refuses to answer questions

Contra Costa District Attorney Diana Becton. From CCC website.

By Allen Payton

In her continued effort to limit the influence of police unions in supporting and electing candidates for district attorney, Contra Costa DA offered support on Friday, Oct. 23 for the bill by California State Assemblymember Rob Bonta (D-Oakland) that will require elected prosecutors to recuse themselves from the investigation and prosecution of law enforcement misconduct if they accept financial contributions from law enforcement unions.  The legislation will be sponsored by the Prosecutors Alliance of California and co-sponsored by numerous District Attorneys.  It will be introduced when the new legislative session convenes in December.

“This is about trust in law enforcement, and trust in the independence of our elected prosecutors,” said Bonta.  “As people across our cities, states and our nation have come together to raise their voices and demand greater justice, we must cure the conflict of interest that gives, at minimum, the appearance that police are not held accountable due to the proximity and political influence of law enforcement associations and unions.”

“Now, more than ever, prosecutors have the responsibility to promote equal justice and build trust with the communities we serve. In order to do that, we must eliminate the conflict of interest existing when elected prosecutors accept police union support,” said San Francisco District Attorney Chesa Boudin.  “It is only when prosecutors are not financially beholden to law enforcement unions that the public can be confident in the decisions prosecutors make about holding police officers accountable.”

“Law enforcement unions generally finance the legal representation of an accused officer, and when prosecutors receive financial support from the entity funding the defense a conflict of interest arises for elected prosecutors,” said Contra Costa County District Attorney Diana Becton.  “To restore trust in law enforcement we must cure this conflict.”

Recently, the Prosecutors Alliance of California called on the State Bar to create a new rule of professional responsibility to preclude prosecutors from taking police union money.  The Alliance took this step in the wake of the murder of George Floyd and Breonna Taylor in an effort to increase the independence of prosecutors from police. The State Bar is scheduled to reconvene tomorrow to continue discussions on the topic.

According to a June 1st press release from Becton’s office, “The Prosecutors Alliance of California is a non-profit organization that provides public education, support and training to prosecutors and their offices. The Prosecutors Alliance of California Action Fund is a social welfare organization that advocates for criminal justice reform legislation, engages and educates the public on criminal justice ballot measures, and supports candidates for state and local office who advocate for comprehensive reforms to our justice system.” (See related article)

The bill by Bonta to be considered by the Legislature will take a different path. Rather than precluding prosecutors from soliciting or accepting law enforcement union contributions as Becton supported earlier this year, it requires a prosecutor that accepts a law enforcement union’s contribution to recuse themselves from the decision-making process if one of the organization’s members is suspected of criminal conduct. In such cases, the State Attorney General’s Office would be asked to handle the case.  This will help reassure family members, community stakeholders and the public that decisions are made based on the facts and the law, not political horse trading and back scratching.

According to Becton and Bonta, “by closing this loophole, the Legislature will reduce the presence of conflicts of interest and ensure independence on the part of elected prosecutors. This legislation also aspires to help reestablish community trust in the integrity of prosecutors at a time when national events have damaged that trust.”

A question was sent to Becton on Oct. 23 asking her if she also supports DA’s recusing themselves from cases involving prosecution of public defenders or criminal defense attorneys who have contributed to the campaigns of elected prosecutors.

That was along the same lines of the questions sent through Scott Alonso, her department’s public information officer, earlier this year to which Becton never responded. She was asked specifically, will she try to ban political campaign contributions to DA candidates from criminal defense attorneys and public defenders and not just police unions?

Following is the email message with questions sent to Alonso for Becton on June 1 regarding her press release entitled, “LAW ENFORCEMENT LEADERS CALL ON STATE BAR TO CREATE NEW ETHICS RULE TO END THE CONFLICT OF INTEREST BETWEEN PROSECUTORS AND POLICE UNIONS – New Ethics Rule Would Help Restore the Independence, Integrity, and Trust of Elected Prosecutors by Preventing Them From Taking Donations From Police Unions”

“Scott,

Please ask DA Becton to clarify her comment because it’s not clear what she’s trying to say and answer my questions, below.

“The legal representation of an accused officer is generally financed by their law enforcement union,” said Contra Costa District Attorney Diana Becton.  “It is illogical that the rules prohibit prosecutors from soliciting and benefiting from financial and political support from an accused officer’s advocate in court, while enabling the prosecutor to benefit financially and politically from the accused’s advocate in public.”

Is she saying that currently a prosecutor cannot solicit and benefit from financial and political support from an attorney representing a police officer accused of a crime while in court or during the court case? But the police officer’s attorney can support the prosecutor financially and politically when not in court or during the court case?

Please clarify who the accused is in her comment about the “accused’s advocate”. I assume it’s the same accused officer she refers to twice before in her comment. But, not sure.

Also, are she and the rest of the DA’s willing to forgo any financial contributions from criminal defense attorneys and public defenders? How about no financial support from any organization and only from individuals who live within their counties? How far should this go to ensure fairness in prosecutions? Isn’t this really one-sided? Also, if the police unions have so much influence in our county and they all backed Becton’s opponent in the last election how did she still win? Isn’t she in effect attempting to violate the free speech rights – which political campaign contributions have been defined as by the courts – of the police unions?

Alonso responded that because the questions were political, he could not respond, even though the press release was sent from the Contra Costa District Attorney’s office through his email account. Further efforts asking him to forward the questions to Becton and getting her to respond were unsuccessful.

The latest question about the proposed legislation by Bonta and the questions from June 1st were sent to Becton’s personal email address on Friday, Oct. 23

Previously, a phone call to her was made asking her about the issue, but Becton was watching a Zoom meeting and said she didn’t have time to discuss it.

To date, Becton has yet to answer any of the questions posed to her about her efforts to only limit the influence of police unions in elections for district attorneys and not also limit the influence by criminal defense attorneys.

Please check back later for any updates to this report.

Scott Alonso, Public Information Officer, Office of the District Attorney, Contra Costa County contributed to this report.

Ross Farca facing hate crimes against Jewish community makes death threat against Concord Police Detective

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

Suspect Ross Farca. Herald file photo.

Earlier this week, defendant Ross Farca was held to answer on multiple felony counts, including a hate crime enhancement and threat against the primary investigating officer. Due to the public safety risks posed by Farca, Hon. Judge Nancy Stark ordered Farca’s bail forfeited and that he will remain in custody at no bail. (See related article)

The Contra Costa District Attorney’s Office initially filed a criminal complaint against Farca in June 2019 for online threats he made against the Jewish on the gaming platform Steam. With notification from the FBI, the Concord Police Department executed a search warrant predicated upon Farca’s IP address. During the search of Farca’s residence, a fully automatic assault weapon was in his possession.

Two weeks ago, while the ongoing preliminary hearing was in recess, Farca allegedly threatened to kill a Concord Police Department detective during a federal probation search of Farca’s new residence. Predicated upon that threat, additional charges were subsequently filed and presented when the preliminary hearing resumed.

Overall, during the preliminary hearing, evidence presented demonstrated Farca was targeting the Jewish community with his threats, and that Farca had a strong affinity and connection to mass shootings targeting places of worship. Such evidence sufficiently established that the conduct warranted a hate crime enhancement.

Farca will be arraigned on November 10.

Case information: People v. Ross Anthony Farca, Docket Number 01-190-284-0

In addition, Farca was charged in November 2019 by the U.S. Attorney with making false statements to gain admittance into the military. (See related article)

Allen Payton contributed to this report.

Stockton man arrested in Blackhawk Sunday for attempted murder of Danville cops, Sheriff’s Deputy

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Tried to run them over with his car; held on $1.5 million bail

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

On Sunday afternoon at about 2 PM, an unknown person entered the Blackhawk Police Substation in the Blackhawk community and contacted a deputy sheriff there. The subject displayed erratic behavior and was asked to leave the community.  Due to the subject contact, Danville police responded to the substation to assist the deputy.

As the man was leaving in his car, he accelerated his vehicle rapidly and deliberately attempted to run down the officers and deputy. The suspect’s vehicle struck the deputy and a Danville officer. Both fell to the ground. A Danville Police Sergeant discharged his firearm, striking the vehicle, but not the suspect. The suspect fled in his vehicle.

The suspect and his vehicle were located about a mile away by responding deputies. He was apprehended after a struggle with deputies.

The deputy who was hit by the vehicle was treated and released from a local hospital. The officer was treated at the scene by paramedics.

The suspect has been identified as 25-year-old Eduardo Carrillo of Stockton. After being interviewed by detectives, he was booked into the Martinez Detention Facility on three counts of attempted murder of a peace officer and a probation violation. He is being held in lieu of $1.5 million bail.

The investigation is ongoing. Anyone with any information is asked to contact the 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.

Antioch man dies from apparent suicide while in custody at West County Detention Facility

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Arrested for elder abuse, in jail since Oct. 2; Sheriff’s Office investigating

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

On Saturday, October 17, 2020, at about 6:15 PM, a deputy sheriff escorted a Mental Health Clinician to speak with an inmate at the West County Detention Facility in Richmond.

As the deputy opened the door to the inmate’s cell, she found him unresponsive with a bed sheet wrapped around his neck. Deputies and jail medical staff provided life saving measures until an ambulance and the fire department arrived. The inmate was later pronounced deceased at the scene.

The inmate is identified as 42-year-old Gregory Lynds of Antioch. He was originally arrested by the Antioch Police Department and was booked into jail on October 2, 2020. He was being held on two felony counts of elder abuse (likely to produce great bodily harm or death), two felony counts of assault with a deadly weapon, parole violation, and battery on a peace officer.

The investigation into the apparent suicide is being investigated by the Contra Costa District Attorney’s Office and Contra Costa Sheriff’s Office.

The investigation is ongoing. Anyone with any information is asked to contact the 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.

District 14 Assembly candidate Janell Proctor receives endorsement of Pittsburg Police

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Pittsburg Police Officers Association representatives with Janell Proctor. Photo: Proctor for Assembly campaign.

Assembly candidate, Janell Proctor, is extremely honored to receive the endorsement of the Pittsburg Police Officer’s Association for her race in District 14 which encompasses portions of Contra Costa, Solano, and Napa counties.

“Several months ago, the Pittsburg Police Officer’s Association was introduced to Janell Proctor who indicated she was running for California State Assembly, District 14. Ms. Proctor showed empathy and compassion for the tough challenges currently facing public safety. Unlike many current political candidates, Ms. Proctor stated that before she could formulate effective solutions to these complicated issues, she needed to fully understand a policing perspective. Ms. Proctor spent countless hours on multiple occasions engaging our association in dialogue for positive change. Ms. Proctor participated in ride-a-longs where she eagerly engaged our officers about important topics such as departmental and community relations, our current homelessness crisis, mental health awareness and de-escalation options. In a time where many politicians are selling solutions absent of a sincere investment towards first fully understanding the problem, Ms. Proctor stood alone in her approach. The Pittsburg Police Officer’s Association firmly believes that through her hard work, genuine dialogue and a logical approach Janell Proctor is exactly the leadership that our community needs in these unprecedented times. We are truly honored to provide our endorsement to her candidacy and fully support her compassionate approach towards supporting our community.” – Pittsburg Police Officer’s Association

Proctor is challenging incumbent Tim Grayson who is seeking his third term in the Assembly. The Contra Costa County portion of District 14 includes Concord, Clayton, Clyde, Martinez, Pleasant Hill, Bay Point and Pittsburg. For information on her campaign visit proctor4assembly.com.

Governor Newsom signs bills ending police chokeholds, implementing other reforms

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Main graphic by Carotid Restraint Training Institute.

Requiring independent investigations of officer-involved shootings; reforming juvenile justice and probation systems to aid in rehabilitation and reentry

SACRAMENTO – In the wake of nationwide demonstrations against structural racism and systemic injustice, Governor Gavin Newsom on Wednesday signed a series of bills into law initiating critical criminal justice, juvenile justice and policing reforms in California. Delivering on his promise this summer to sign a bill ending the use of the carotid restraint, Governor Newsom signed AB 1196 by Assemblymember Mike Gipson (D-Carson) which bans the practice statewide. The maneuver, known as a chokehold, was banned by District Attorney Diana Becton for her Investigative Unit in June. (See related article)

Newsom also signed AB 1506 by Assemblymember Kevin McCarty (D-Sacramento) requiring the California Attorney General to conduct investigations into officer-involved shootings of unarmed individuals that result in death. He also took action on legislation that reforms the juvenile justice system to put more emphasis on rehabilitation and education, as well as creating a more just probation system.

“Americans across the country took to the streets this summer rightfully demanding more and better of our criminal justice system – and of ourselves,” said Governor Newsom. “We heard those calls for action loud and clear and today are advancing reforms to improve policing practices by ending the carotid hold and requiring independent investigations in officer-involved shootings. We are also taking important steps to break the school-to-prison pipeline. Still, we can and must do more. Working with our youth, faith and community leaders, law enforcement, the Legislature and countless others demanding change, my Administration remains committed to the important work ahead to make our criminal and juvenile justice systems fairer and safer for all Californians.”

Today’s action builds on Governor Newsom’s record enacting major change on criminal justice reform during his first years in office – from enacting one of the nation’s strongest police use-of-force standards, to putting a moratorium on the death penalty and shutting down California’s execution chamber, to closing prisons. The Administration will continue to work with the Legislature on additional reforms, including efforts to increase transparency in peace officer records and broader decertification measures to create accountability for officers with a history of misconduct.

Governor Newsom also took action today on important juvenile justice reforms. Building on the Governor’s commitment to end juvenile imprisonment as we know it, he signed several bills to support young people coming out of the criminal justice system and to disrupt the school-to-prison pipeline. SB 823 by the Committee on Budget and Fiscal Review takes the first, formal step of closing the Division of Juvenile Justice, which will help to provide youth rehabilitative services closer to home.

Other bills the Governor signed today that support youth include AB 901 by Assemblymember Mike Gipson (D-Carson), which will end the practice of referring youth who are having problems at school to probation programs. Additionally, SB 203 by Senator Steven Bradford (D-Gardena) requires that children under age 17 have an opportunity to consult with legal counsel before interrogation, and SB 1290 by Senator Maria Elena Durazo (D-Los Angeles) will cancel certain fees assessed on juvenile offenders and their families.

Finally, Governor Newsom signed AB 1950 by Assemblymember Sydney Kamlager (D-Los Angeles), which caps probation terms to a maximum of one year for misdemeanor offenses and two years for felonies.

Governor Newsom also signed:

  • AB 646 by Assemblymember Kevin McCarty (D-Sacramento) – Elections: voter eligibility.
  • AB 732 by Assemblymember Rob Bonta (D-Alameda) – County jails: prisons: incarcerated pregnant persons.
  • AB 846 by Assemblymember Autumn Burke (D-Inglewood) and Assemblymember Jacqui Irwin (D-Thousand Oaks) – Public employment: public officers or employees declared by law to be peace officers.
  • AB 1304 by Assemblymember Marie Waldron (R-Escondido) – California MAT Re-Entry Incentive Program. A signing message can be found here.
  • AB 1775 by Assemblymember Reginald Byron Jones-Sawyer, Sr. (D-Los Angeles) – False reports and harassment.
  • AB 2321 by Assemblymember Reginald Byron Jones-Sawyer, Sr. (D-Los Angeles) – Juvenile court records: access.
  • AB 2425 by Assemblymember Mark Stone (D-Scotts Valley) – Juvenile police records.
  • AB 2512 by Assemblymember Mark Stone (D-Scotts Valley) – Death penalty: person with an intellectual disability.
  • AB 2606 by Assemblymember Sabrina Cervantes (D-Riverside) – Criminal justice: supervised release file.
  • AB 3043 by Assemblymember Reginald Byron Jones-Sawyer, Sr. (D-Los Angeles) – Corrections: confidential calls.
  • AB 3234 by Assemblymember Philip Ting (D-San Francisco) – Public Safety. A signing message can be found here.
  • SB 480 by Senator Bob Archuleta (D-Pico Rivera) – Law enforcement uniforms.
  • SB 1126 by Senator Brian W. Jones (R-Santee) – Juvenile court records.
  • SB 1196 by Senator Thomas Umberg (D-Santa Ana) – Price gouging.