Contra Costa Herald

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

Contra Costa DA files charges in four homicide cold cases as result of years-long FBI Safe Streets Task Force operation

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Three in Concord, one in Antioch

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

Martinez, Calif. – Today, Tuesday, September 15, 2020 the Contra Costa County District Attorney’s Office is announcing three homicide cold cases, involving multiple defendants who are gang members affiliated with the Sureños, were filed recently. The gang violence was focused in South Concord and near Monument Boulevard. This successful effort was due to the years-long investigation and operation led by the FBI Safe Streets Task Force and local partners, including Concord Police, FBI, U.S. Attorney’s Office of Northern California, Bureau of Alcohol, Tobacco & Firearms along with our Office. Two cases were filed last week, and one was filed yesterday, totaling four homicides involving 11 defendants. (See related article)

One of the homicides occurred in Antioch, and the victim was from Pittsburg, (See related article). The other three of the homicides occurred in Concord.

Operation Boulevard Blues culminated in a major law enforcement operation last Thursday that resulted in the arrest of 31 individuals and involved 31 different law enforcement agencies. Thirty-four search warrants were executed in multiple locations across Contra Costa County and 42 firearms were recovered. The details of the operation were announced earlier this morning with our federal partners.

“Our local efforts working collaboratively with our law enforcement partners, especially Concord Police, will keep our community safer and take violent gang members off the streets of Concord,” said District Attorney Diana Becton. “This successful operation started with a wiretap and led to multiple gang members involved in senseless murders and violence being arrested. While these cases were not solved right away, Concord Police and the FBI Safe Streets Task Force did not give up and fortunately we can bring some closure to the victims’ families.”

Overall, the DA’s Office filed three separate homicide complaints involving the following gang members of the Sureños – all of the alleged four homicides were done for the benefit of the gang:

  • People v. Michael Valdez, Andrew Cervantes, Daniel Rodriguez, Docket Number 01-194377-8

o   Victim is Marcos Villazon of Pittsburg, Date of Alleged Murder is November 21, 2015 in Antioch

o   Victim is Luis Estrada, Date of Alleged Murder is November 30, 2015 in Concord

  • People v. Rafael Lopez & Juan Barocio Jr., Docket Number 01-194379-4

o   Victim is Victor Gutierrez, Date of Alleged Murder is April 17, 2014 in Concord

  • People v. Jose Cisneros, Marcos Ochoa, Luis Cruz, Aurelia Mendez, Antonio Mendez, Jose Ochoa, Docket Number 01-194418-0

o   Victim is Erick Cruz, Date of Alleged Murder is September 12, 2015 in Concord

The criminal investigations because of this operation are still active and ongoing. All of the defendants charged by the DA’s Office remain in custody.

Allen Payton contributed to this report.

 

15 charged for drugs, guns in anti-gang sweep in Concord, surrounding areas

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Some of the over 70 guns confiscated from suspected gang members. Photo: Concord PD

Alleged Sureños used Concord shopping center as “One-Stop Shop” for guns and drugs

Confiscated over 70 firearms, including a machine gun, AK-47 with 100 round drum, over $50,000 in cash, about 10 pounds of methamphetamine, over 400 grams of heroin, over 2,500 grams of cocaine and over 900 fentanyl pills – Concord Police Dept.

4 homicides solved as a result, three in Concord, one in Antioch

SAN FRANCISCO – Complaints were unsealed in federal court today charging 15 individuals with trafficking drugs and firearms in connection with the Sureños street gang, announced United States Attorney David L. Anderson, ATF Special Agent in Charge Patrick Gorman, FBI Deputy Special Agent in Charge Craig D. Fair, DEA Special Agent in Charge Danny Comeaux, and Concord Police Chief Mark Bustillos.

According to affidavits filed in connection with the complaints, multiple individuals affiliated with the Sureños street gang are alleged to have conspired to sell methamphetamine, cocaine, heroin, and firearms.  According to the complaint, the alleged sales occurred across Contra Costa County, but primarily in Concord, with numerous transactions occurring in a shopping center parking lot at 1500 Monument Boulevard.  According to the complaint, Sureño gang members claimed control over this shopping center, referring to it as “The Block” or “The Box,” and described it to undercover officers as a kind of “one-stop shop” for guns and drugs.

“Today’s charges explode the myth of the non-violent drug dealer,” said U.S. Attorney David L. Anderson.  “Drugs are expensive.  Drugs are dangerous.  Where we find drugs, we almost always find guns.  What is particularly appalling about today’s charges is that the defendants did not even bother to hide the guns or drugs.  Rather, the defendants allegedly peddled their products in broad daylight in public spaces.”

Locations in Concord where police raids took place. Courtesy of Concord PD.

The following was posted on the Concord Police Department’s Facebook page on Tuesday morning: “We’re proud to announce Concord PD recently led a large scale multi-agency anti-violence operation that resulted in multiple arrests, including arrests connected to several unsolved murders.

Operation “Boulevard Blues” ended Thursday morning with 30 search warrants executed across Solano, Sonoma, and Contra Costa Counties. Nine of those warrants were conducted in Concord. The focus of the investigation was the Sureño gang along Monument Blvd.

Our operations resulted in over 26 individuals charged with state and/or federal charges that include murder, attempted murder, conspiracy to commit robbery, illegal weapons, and gang violations.

‘Boulevard Blues’ resulted in solving 4 murders (three in Concord and one in Antioch).

  • 2014: Victor Gutierrez on Adelaide Street
  • 2015: Erick Cruz on Meadow Lane
  • 2015: Luis Estrada at Hillcrest Park
  • 2015: Homicide that occurred in Antioch

In addition, the operation recovered over 70 firearms, including a machine gun, an AK-47 with 100 round drum, suspected firearm suppressors, ammunition, over $50,000 in cash, approximately 10 pounds of methamphetamine, over 400 grams of heroin, over 2,500 grams of cocaine and over 900 fentanyl pills.

As always, keeping our community safe remains a priority for our department. We want to thank our community for your unwavering support and cooperation.”

“Throughout this investigation, ATF has worked side by side with our partners to fulfill ATF’s mission of protecting the public by investigating the criminal misuse and trafficking of firearms in the Contra Costa county area,” said Special Agent in Charge Patrick Gorman, San Francisco Field Division, ATF.  “In April 2019, ATF began working with the Concord Police Department and then with other agencies to address problematic gang activity that was occurring within Contra Costa county. Law enforcement partnerships create an unwavering unified front against violent crime and this collaborative effort between local and federal agencies is evidence of our shared focus. ATF remains committed to working hard and doing our part to make this region a safer place as our pledge to protect the public is one ATF takes very seriously.”

Law enforcement representatives from various agencies, including Contra Costa DA Diana Becton (back left) and Concord Police Chief Mark Bustillos (front left) participated in the press conference Tuesday, Sept. 15, 2020. Photo by Concord PD.

“This operation exemplifies the dedication of the FBI and our task force partners to disrupt dangerous gang activity and remove the threat of criminals who endanger our neighborhoods,” said FBI Deputy Special Agent in Charge Craig Fair.  “We are committed to improving the quality of life in our Bay Area communities and ensuring the safety of our citizens.”

“Nobody wins in a community where street gang activity exists. It threatens public safety and the security of our neighborhoods,” stated DEA Special Agent in Charge Daniel C. Comeaux. “These indictments send the message that law enforcement at all levels will work as one to pursue and prosecute criminal gangs and their associates.”

“We are thankful for our close working relationship with our federal partners,” said Concord Police Chief Mark Bustillos. “Violent crime does not stop at a city’s border, and our relationship with our federal partners allows us to bring those who use violence and intimidation in Concord to justice.”

Of the fifteen defendants charged federally, eight were taken into custody on September 10, 2020.  Three additional defendants are due to be transferred from state to federal custody, while two more will stay in state custody as of today.  The whereabouts of the remaining two federal defendants are unknown.  The following chart summarizes the charges, custodial status, and next court dates for of each of the 15 federal defendants:

 

Name Age Custodial status Case number Charges Next court date
Luis CRUZ 24 State custody 20-71278 21 U.S.C. §§ 846, 841(a)(1), (b)(1)(B(viii) and (b)(1)(C) (drug conspiracy) TBD
Luis RAMIREZ-CARRANZA 31 Federal custody 20-71278 21 U.S.C. §§ 846, 841(a)(1), (b)(1)(B(viii) and (b)(1)(C) (drug conspiracy) 9/15/20
Phabel GUTIERREZ 38 State custody 20-71278 21 U.S.C. §§ 846, 841(a)(1), (b)(1)(B(viii) and (b)(1)(C) (drug conspiracy) TBD
Angel MAGAÑA 26 State custody 20-71278 21 U.S.C. §§ 846, 841(a)(1), (b)(1)(B(viii) and (b)(1)(C) (drug conspiracy) TBD
Ernesto MISSIEGO 18 State custody 20-71278 21 U.S.C. §§ 846, 841(a)(1), (b)(1)(B(viii) and (b)(1)(C) (drug conspiracy) TBD
Christian CERVANTES 23 State custody 20-71278 21 U.S.C. §§ 846, 841(a)(1), (b)(1)(B(viii) and (b)(1)(C) (drug conspiracy) TBD
Francisco CANO 34 Federal custody 20-71278 21 U.S.C. §§ 846, 841(a)(1), (b)(1)(B(viii) and (b)(1)(C) (drug conspiracy) 9/17/20
Armando NAVARRO 42 Federal custody 20-71278 21 U.S.C. §§ 846, 841(a)(1), (b)(1)(B(viii) and (b)(1)(C) (drug conspiracy) 9/29/20
Sheena MIDDLETON 35 Federal custody 20-71278 21 U.S.C. §§ 846, 841(a)(1), (b)(1)(B(viii) and (b)(1)(C) (drug conspiracy) 9/16/20
Luis CABRERA 28 Wanted 20-71278 21 U.S.C. §§ 846, 841(a)(1), (b)(1)(B(viii) and (b)(1)(C) (drug conspiracy) TBD
Alexis PEREZ 23 Federal custody 20-71278 21 U.S.C. §§ 841(a)(1) and (b)(1)(C) (drug distribution) 9/18/20
Brian ALVARENGA 30 Wanted 20-71278 21 U.S.C. §§ 841(a)(1) and (b)(1)(C) (drug distribution) TBD
Eric CARRILLO 23 Federal custody 20-71283 18 U.S.C. 371 (firearms trafficking conspiracy) 9/15/20
Juan CONCHAS-CARRILLO 25 Federal custody 20-71283 18 U.S.C. 371 (firearms trafficking conspiracy) 9/16/20
Kevin VIDAL 23 Federal custody 20-71284 26 U.S.C. § 5861 (unlawful possession of unregistered firearm) 9/21/20

A complaint merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted of a drug conspiracy in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B)(viii) and 846, the defendants face a sentence of at least 5 and up to 40 years in prison, along with at least 4 years and up to life on supervised release, up to a $5 million fine, forfeiture, and denial of federal benefits.  If convicted of a drug conspiracy in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C) and 846, the defendants face a maximum penalty of up to 20 years in prison, along with at least 4 years and up to life on supervised release, up to a $5 million fine, forfeiture, and denial of federal benefits.  If convicted of possession of an unregistered firearm, the defendants face a maximum penalty of up to 10 years in prison, along with up to 3 years of supervised release, a $10,000 fine, and forfeiture.  If convicted of conspiring to deal firearms without a license, the defendants fae up to 5 years in prison, along with up to 3 years of supervised release, a $250,000 fine, and forfeiture.  However, any sentence following conviction would be imposed by the court 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 Oakland branch of the U.S. Attorney’s Office.  The prosecution is the result of a 2-year investigation led by the ATF and the Concord Police Department, along with the DEA and the FBI, as part of the FBI’s Safe Streets Task Force.

Allen Payton contributed to this report.

 

DA issues policy requiring prosecutors consider reason for looting during state of emergency before charging with crime

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Policy issued by Contra Costa DA Diana Becton to Deputy DA’s. Courtesy of CCCDA.

Antioch Mayor “disturbed” by and doesn’t “agree with this approach”; theft by 3 of $20,000 of alcohol in San Pablo not charged as looting; more cases affected by policy

By Allen Payton

Contra Costa County District Attorney Diana Becton issued a policy in June, that recently went public, requiring her Deputy DA’s assess the reason someone was looting during a state of emergency before filing charges against them. However, the policy doesn’t prevent police officers from arresting the looter, according to DA’s office spokesman, Scott Alonso. CCDA Looting Guidelines

In the document obtained by Red State News, and shared with the Herald, today, reads:

“Theft Offenses Committed During State of Emergency (PC 463)

In order to promote consistent and equitable filing practices the following analysis is to be applied when giving consideration to filing of PC 463 (Looting):

1. Was this theft offense substantially motivated by the state of emergency, or simply a theft offense which occurred contemporaneous to the declared state of emergency?

a. Factors to consider in making this determination:

i. Was the target business open or closed to the public during the state of emergency?
ii. What was the manner and means by which the suspect gained entry to the business?

iii. What was the nature/quantity/value of the goods targeted?

iv. Was the theft committed for financial gain or personal need?

v. Is there an articulable reason why another statute wouldn’t adequately address the particular incident?”

“I am not sure how they obtained the policy. But it is our policy,” Alonso confirmed. The policy is true but the article in Red State is highly misleading and frankly wrong.”

He then shared a link to an analysis of the policy and articles about it by Red State and other publications on the Snopes website devoted to fact checking, which has some of it’s own controversial history in getting things wrong, at times.

Alonso then clarified matters by writing, “Nothing in the guidelines prohibits the police from arresting someone for a crime. It is really important to underscore these guidelines are because of the COVID-19 shelter in place given Governor Newsom’s statewide order to declare a state of emergency. We look at if the theft is because there is a state of emergency – or is this simply an offense contemporaneous to the state of emergency. We wanted to ensure consistency across the Office in considering any criminal charges for alleged violations of PC 463. Historically, prior to COVID-19 – we could find no recent evidence that our Office had filed looting charges during a state of emergency.”

“As you know, when evaluating any criminal case our prosecutors look at the circumstances surrounding the incident,” he continued. “These guidelines are consistent with how we evaluate criminal cases. The policy does not say we won’t file these types of cases. The Red State article is incredibly misleading and frankly written from a slanted point of view. The author of the piece did not reach out to us prior to publication. I appreciate you reaching out in advance of publishing anything.”

Section 463 of the California Penal Code states that a person convicted of second-degree burglary or grand theft during a state of emergency is guilty of the crime of looting, which can be punishable by imprisonment in county jail for one year. However, alternative sentencing for someone on probation can be issued for 180 days in jail and 240 hours of community service. The crime of petty theft during a state of emergency is increased to a misdemeanor punishable by six months in county jail or 90 days in jail and 80 hours of community service.

Antioch Mayor Responds

In an email sent from his re-election campaign account on Monday, Antioch Mayor Sean Wright wrote to Antioch residents with the subject line, “Unbelievable what our District Attorney just did.”

“I am disturbed by our Contra Costa County District Attorney’s announcement that our police officers must consider if looters ‘needed’ stolen property before they can charge them with looting,” he wrote. “Our DA is the first and only DA in the nation urging this kind of guidance.”

“Looting that takes place in times of emergency, such as we are going through, is against the law,” Wright continued. “According to our DA, if the looters ‘need’ an item in a retail shop, for example, it is OK for them to take that item without being charged. I don’t agree with this approach – do you? Please feel free to share your thoughts on this by clicking here to send me an email.”

He then provided a link to an article about the matter on The Daily Wire.

3 Arrested for $20,000 Theft of Alcohol Not Charged With Looting

One of the cases already affected by the policy includes three people arrested during the COVID-19 pandemic for stealing $20,000 from a beverage store in San Pablo but not charged with looting. Another case affected by the policy involved a woman attempting to break into an ATM during the pandemic, who was also not charged with looting.

The Contra Costa Deputy Sheriffs Association and police officers’ associations in the county are expected to issue a response to the policy, soon.

BART launches Text BART Police initiative

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The BART Police Department is launching a new initiative that gives riders another way to request assistance from officers while they’re in the system.  Text BART Police allows riders, employees, and others to directly contact the BPD Dispatch Center.  The launch builds on the success of the BART Watch app, which has been downloaded 89,000 times.

“I want to give our riders as many ways as possible to reach us while they’re on our trains and in our stations,” said BART Police Chief Ed Alvarez.  “Text BART Police makes it easy for anyone to use their phone to discreetly contact us if a need should arise.”

The number for Text BART Police is 510-200-0992.  Text BART Police is operational 24 hours a day, seven days a week and can also be used to send pictures to BPD.  Much like the BART Watch app, the number should be primarily used for non-emergency reports.  Anyone with an emergency is still urged to call 911 or contact their Train Operator.

BART Police Chief Ed Alvarez talks police reform with Latinos in Transit group

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BART Police Chief Ed Alvarez. Photos courtesy of BART.

By MELISSA JORDAN, BART Senior Web Producer

BART Police Chief Ed Alvarez told the group Latinos in Transit how his experience as an immigrant has shaped his policing philosophy, most recently when he created a new Bureau: the Progressive Policing and Community Engagement Bureau.

“They’re going to continue the work we’ve done to make connections with the communities we serve,” he said in the discussion on Friday.  “It’s the message that we teach and train constantly. If you treat people with respect, you’re going to get it in return.”

Alvarez, who has spent his entire career rising through the ranks at BART, talked about how the organization has changed over his 23 years there. He addressed the killing of Oscar Grant by a BPD officer in 2009, which presaged the nationwide reckoning over policing that disproportionately affects minority communities, and which BART itself has improved through numerous changes.

You could hear the emotion in his voice as Alvarez called that time over a decade ago as “rock bottom. It was hard to come to work. I care about this place and these people.”

In the intervening years, he said, BPD has made groundbreaking reforms, becoming one of the first departments to use body-worn cameras, and the role of BART’s Citizen Review Board and Independent Police Auditor in implementing other checks and balances.  “Now I’m proud and happy to come to work,” he said.

Alvarez became chief only nine months ago, a trial by fire with the coronavirus pandemic, the economic devastation it wrought, and the outpouring of demonstrations for the Black Lives Matter movement sparked by events in Minneapolis in May 2020.

“We denounced the murder of George Floyd,” Alvarez said, of the man who lost his life when a police officer, now charged with murder, kneeled on his neck for nearly nine minutes. “It shouldn’t have happened. And a lot of departments are changing how they operate because of it, because of him and the other individuals before and after him. It’s been a call to action.”

Alvarez shared a bit of his life story and the experiences that formed his character.

“I was born in Mexico in the state of Jalisco,” he said. “My parents migrated from Mexico to the United States and they built a life for us. I’ve lived in the East Bay my whole life, and my mom still lives there.”

Alvarez said that as a young boy he had to learn English, benefiting from ESL classes, and that his parents emphasized education as a way to get ahead, a principle he lives by to this day.
“I’m really proud of where I came from,” he said. “We persevered. I lost my father to a tragic accident when I was 10 years old, and my mom had to step up. My mom is a very strong Mexican woman. She had to learn how to drive, how to get a job to support our family.”

Ed Alvarez at age seven.

She went to work at the American Licorice Company in Union City (you may know them as the maker of Red Vines candy). “My mom never called in sick one day in 25 years, ever,” Alvarez said. “She made sure we were in school every day. On Sunday mornings, when we’d stayed out late on Saturday nights, she would kick open the door of our bedrooms, open up the blinds, and tell us we’re going to church. I appreciate that now. It helped make me the person I am today.”

Alvarez joined the force with a junior college degree then went back to school in his 40s to get his bachelor’s degree. “It was really hard, to be working, going to school and raising a family,” he said. “That’s why I tell Latino kids when I speak at schools, take care of your education before you have a lot of other commitments. I tell the kids to keep working on learning English, keep at it, the language will come.”

“We as immigrants have to take advantage of the opportunities that this country affords us,” Alvarez said.  He said he never dreamed that one day he would be chief of the BART Police, with more than 400 personnel under his watch.

Ed Alvarez far left (in 6th grade) with his mother and siblings.

“We’re out there handing out face coverings, working on the mental health piece, connecting the homeless with services. In some ways this pandemic has been a good opportunity for us to hit a reset, tighten up a few things, so that when our ridership goes up we’re in a better place than we were pre-pandemic.”

“Our message right now is that BART is safe, reliable and clean. We’re ready to welcome everybody back to our system.”

Alvarez spoke at a monthly meeting (held virtually for now) of Latinos in Transit, a national organization that promotes the advancement and development of Latinos and other minorities in the transportation industry. The “Café Con LIT” networking meetings let members share a coffee break to connect with others and learn from their experiences.

At the talk with Alvarez on Friday, participants said his story resonated with many who had similar upbringings, and inspired pride in members of the Latino community.

“I’m humble to be one of many,” Alvarez said. “We’ve got to keep being role models, keep grinding, show people that it can be done. This country gives us many opportunities. You have to take them and give back.”

Boy on bike struck by delivery vehicle in fatal Lafayette collision Wednesday

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

This afternoon at about 12:48 PM, the Lafayette Police Department was advised of a collision between a pedestrian and vehicle on the 500 block of Merriewood Drive in Lafayette. Officers arrived on scene and immediately began rendering medical aid to the juvenile victim. The 10-year-old boy was transported to a local hospital where he was later pronounced deceased. He is not being identified at this time.

The investigation into this collision which apparently involved the boy who was on a bicycle and a delivery vehicle is ongoing. The driver of the vehicle has been cooperating with police and has been interviewed.

The Lafayette Police Department is asking anyone with information on this collision to contact detectives at (925) 283-3680 or (925) 299-3234 or email Sergeant Rossberg at tross@so.cccounty.us. Tips could also be emailed to the Lafayette Police Department at: 94549TIP@gmail.com.

Martinez Police Chief issues appeal ahead of expected Sunday Black lives matter protest

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Herald file photos.

“do not come to the protest armed or with an intention to commit violence…We have a large contingent of personnel from every agency in Contra Costa County that will be here on Sunday to assist us.” – Chief Manjit Sappa

Downtown businesses board up out of fear and precaution.

A large protest is expected in Martinez, Sunday afternoon following the painting of a permitted mural on Court Street with the words BLACKLIVESMATTER, and an effort by a couple to paint over it with black paint. They have since been charged with a hate crime. (See related articles here and here)

According to a KPIX5 CBS SF BayArea news report, “several downtown businesses have already boarded up their windows. ‘It’s just added expense, at a time and added frustration, not knowing how this is going to end up,’ explained Ernie Guerrero as he unloaded plywood outside of his restaurant, La Tapatia Mexican Cuisine.”

Message from the Chief of Police

July 11, 2020

Dear Community:

As we get closer to Sunday, I thought it would be prudent to share information about our preparation for the protest on Sunday. As it stands, we have all of our dedicated sworn personnel working in the field on Sunday to keep our community safe. They work diligently each and every day to serve our community and will be doing all they can to ensure our community’s safety.

We have a large contingent of personnel from every agency in Contra Costa County that will be here on Sunday to assist us. I want to thank the Contra Costa County Sheriff’s Office and every Police Chief in Contra Costa County for sending first responders to the City of Martinez in light of the large protest on Sunday. I also want to thank the Contra Costa County Fire Protection District for being great partners and helping plan for any medical needs that may arise.

In the past day, we have been getting information from social media that folks with different viewpoints will be in our city to protest. We have learned that some may be coming with the intention of protecting the community from protestors or protecting the police officers working the event and while I appreciate that thought, DO NOT come to the protest armed or with an intention to commit violence. The job of a police officer in today’s world is tough – it is complicated, difficult, and yet we still have good men and women that come to work each day to help others and safeguard communities. Our officers are fantastic and value the great relationship with our community; it would seem natural that many in our community want to protect us and I could not be more thankful for that thought, but the best protection you can give us is by letting us do our job of protecting our community.

Bringing a weapon of any kind to a peaceful protest or illegally carrying a weapon into our community could serve as a flashpoint for an escalation of events. Please help us keep calm in the community and de-escalate any conflict. Many of our residents and community members are worried, scared, and feel helpless that different groups are converging on our small town; I share their concerns and I implore anyone coming to Martinez on Sunday to strive to put your best foot forward. Feel free to gather, feel free to speak, feel free to exercise your First Amendment Right. Please DO NOT engage in toxic, violent, hateful, or unsafe behavior. It will put everyone at risk and create safety issues for the officers working on Sunday.

In the event that the protest devolves and there are acts of violence or damage in a manner that places the community at risk, we will be forced to disperse the crowd and I want to be transparent in that regard. We will be tolerant and work with all of you for a peaceful event – we implore you to not force us to respond in a manner that requires we take immediate action to end the event. For the sake of our community and everyone involved, we ask that you do all you can to ensure that the event is peaceful. For all protestors – as a community we ask that you do not disrespect us by damaging our city. Be kind and let’s all work together to ensure we have a safe and uneventful day that is positive. I sincerely appreciate you adhering to our request for a safe and peaceful weekend.

Sincerely,

Manjit Sappal

Chief of Police

Allen Payton contributed to this report.

 

Contra Costa District Attorney Becton issues ban on carotid holds by DA’s Investigative Unit

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Legislation also introduced to ban carotid restraints by law enforcement statewide

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

Martinez, Calif. – Today, Contra Costa County District Attorney Diana Becton issued a new policy for peace officers within the DA’s Office to ban the use of the carotid hold technique. The DA’s Office employs peace officers as senior inspectors within the Investigative Unit. The ban is effective as of June 23, 2020.

“The use of the carotid hold has proven to be an unnecessary and deadly police technique and will not be used by members of my Investigative Unit. The risks associated with this technique far outweigh any potential benefit. This important policy change reflects a positive move forward in police community relations and reinforces the continuous need to focus on de-escalation, training, and tactics,” stated Contra Costa County District Attorney Diana Becton.

In addition to Becton’s ban for her staff, earlier this month, in response to the death of George Floyd, Assemblymember Mike A. Gipson (D-Carson) introduced AB 1196, making it illegal to use a carotid artery restraint tactic to forcibly detain a suspect.

The “bill would prohibit a law enforcement agency from authorizing the use of a carotid restraint or a choke hold, as defined,” according to the text of the legislation.

As used in the legislation, “carotid restraint” means a vascular neck restraint or any similar restraint, hold, or other defensive tactic in which pressure is applied to the sides of a person’s neck for the purpose of restricting blood flow to render the person unconscious or otherwise subdue or control the person.

AB 1196 passed the Assembly and is now awaiting hearing before the CA State Senate.

Allen Payton contributed to this report.

Two men charged for murder of federal security officer from Pinole during May protest in Oakland

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Steven Carrillo (left) by Santa Cruz Sheriff’s Office, and Robert Alvin Justus, Jr., by U.S. Department of Justice.

Defendants allegedly opened fire on unsuspecting officers guarding courthouse at federal building as public demonstrations continued only blocks away; one also killed Santa Cruz County Sheriff’s Sergeant during arrest attempt.

OAKLAND – At a press conference held Tuesday morning, June 16, 2020, at the Ronald V. Dellums Federal Building and United States Courthouse in Oakland, the Department of Justice announced that murder and attempted murder charges have been filed against Steven Carrillo, the alleged gunman in the May 29, 2020, drive-by shooting that resulted in the death of 53-year-old Protective Security Officer David Patrick Underwood of Pinole, CA and injuries to a second security officer. The Department of Justice also announced aiding and abetting charges against Robert Alvin Justus, Jr., the driver of the vehicle from which Carrillo is alleged to have attacked the guards.

“Pat Underwood was murdered because he wore a uniform,” said U.S. Attorney David Anderson, “but he was much more than just the uniform he wore.  Pat Underwood was a brother, a father, and a son. Many, many people will miss hearing the sound of his voice and laughter.  Pat Underwood wore his uniform because it signified his authority to protect the courthouse where we are gathered here today.  This courthouse exists to administer justice, to uphold the rule of law, and to protect the freedoms that we all cherish.  In announcing today’s charges, we are reaffirming our determination to protect those who protect us.”

Federal Protective Security Officer Patrick Underwood from FaceBook and Sergeant Damon Gutzwiller from Santa Cruz Co Sheriff’s Office.

“Liberty flourishes in the rule of law,” said Assistant Attorney General for National Security John C. Demers.  “Indiscriminate targeting of law enforcement officers by those motivated by violent extremism of any stripe is contrary to our nation’s values and undermines the powerful message of peaceful protestors.  The Department of Justice stands in support of all Americans exercising their First Amendment rights to peaceable assembly and speech, but we stand firmly against anyone who seeks to hijack the protests with acts of violence and destruction.”

“I applaud the agents and officers who investigated and captured those responsible for the attack on Federal Protective Service officers resulting in the death of Officer Underwood and serious injury of his partner,” said Department of Homeland Security Acting Secretary Chad Wolf.  “As the nation’s largest law enforcement organization, the Department’s top priority is protecting the American people and our workforce, and we are not going to rest until these criminals are brought to justice. The assassination and injury of federal officers who swore an oath to protect the American public will not be tolerated. The Department of Homeland Security will continue its mission to end violent extremism in any form.”

“These arrests are an important step for our community, the families of those who were killed in the line of duty, and our law enforcement partners, so that we may begin the healing process,” said FBI San Francisco Special Agent in Charge John F. Bennett.  “While we cannot bring Officer Pat Underwood and Sergeant Damon Gutzwiller back, we can hold those responsible for taking them from us accountable.”

The charges against 32-year-old Carrillo and 30-year-old Justus were brought in two criminal complaints, one filed against each defendant.  According to the complaints, at approximately 9:27 p.m., on May 29, 2020, a white Ford Econoline-style van parked directly across the street from the federal building in Oakland on Jefferson Street.  The van was parked facing the guard post where Officer Underwood and his partner that evening stood guard to protect the building.  The van was on the southeast corner in the spot closest to the intersection with an unobstructed view of the guard post.  Shortly after the van parked, a man emerged from the driver’s seat and walked around the area conducting reconnaissance for approximately ten minutes.  Then, at approximately 9:43 p.m., the exterior lights of the van turned on and the van moved north on Jefferson Street toward the guard post.  The passenger-side sliding door opened, and Carrillo allegedly fired multiple rounds from a firearm toward the guard post, killing Officer Underwood and injuring his partner.

The incident set off an eight-day manhunt that came to a crescendo after a witness reported an abandoned white Ford van in Ben Lomond, Calif. The van reportedly contained what appeared to be ammunition, firearms, and bomb-making equipment and an effort apparently was made to alter the van’s appearance with spray paint and a wheel covering to disguise a missing hubcap.  Nevertheless, evidence from the van led deputies from the Santa Cruz County Sheriff’s Office to Carrillo’s residence in Ben Lomond.  There, Carrillo allegedly opened fire on the deputies when they arrived at his property, killing one deputy, 38-year-old Santa Cruz sheriff’s Sgt. Damon Gutzwiller (whose funeral was held, today, Wed., June 17, 2020), and injuring a second.  During the attack there was also an explosion on the property.

The complaints describe a subsequent odyssey during which Carrillo was shot and fled the scene initially on foot, and then by carjacking a vehicle on a nearby highway.  The chase came to an end when, bleeding from his hip, Carrillo was taken into custody.

Additional items were recovered at Carrillo’s Ben Lomond residence included an AR-15-style short-barreled rifle fitted with a binary trigger that fired one round of 9mm ammunition at the pull of the trigger and another round at the release of the trigger.  The rifle was fitted with a silencer that suppressed the sound of gunfire from the rifle. In addition, Carrillo appears to have used his own blood to write various phrases on the hood of the car that he carjacked.  The phrases relate to an extremist ideology that promotes inciting a violent uprising through use of militias.

Cell phone records from Carrillo’s phone identified Justus as a person with whom Carrillo may have been communicating in the days leading up to the drive-by shooting attack in Oakland.  On June 11, while the FBI had Justus under surveillance, travelled to the Federal Building in San Francisco, met with the FBI, and was thereafter arrested for his involvement in the shooting, including his role as the driver of the vehicle.

According to an ABC7 News report, Carillo was an active duty Air Force police officer at Travis Air Force Base in Fairfield at the time of the shooting.

According to a KPIX5 news report, “Carrillo is also a suspect in the June 6 murder of Santa Cruz sheriff’s Sgt. Damon Gutzwiller, authorities said. At the time of the attacks Carrillo was an active-duty staff sergeant stationed at Travis Air Force Base. The FBI believes both men are associated with the Boogaloo movement, which federal officials say is not a defined group, but rather the ideology of heavily armed extremists who want to fight back against perceived government tyranny.”

The charges contained in the criminal complaints are allegations only.  Carrillo and Justus are presumed innocent until proven guilty beyond a reasonable doubt.

“ATF immediately responded to these shooting incidents to make available our personnel to support our partners with the investigations into these crimes,” said Special Agent in Charge Patrick Gorman, San Francisco Field Division, ATF. “ATF provided investigative and forensic support throughout the investigation into these crimes.  This included local special agents, as well as, laboratory and firearms enforcement officer resources from the greater Washington, DC area. ATF personnel examined firearm evidence and utilized our National Integrated Ballistic Information Network or NIBIN. The complaints describe the work ATF personnel performed to uncover the purported similarities between the recovered fired cartridge cases found at the Oakland and Ben Lomond homicides. These senseless crimes, which resulted in the tragic loss of Patrick and Damon and caused serious injuries to others, should not have occurred.  ATF will continue to make available our resources and support to our partners throughout this investigation.”

Carrillo is charged with one count of murder of a person assisting an officer or employee of the United States Government, in violation of 18 U.S.C. §§ 1114(1) and 1114(3) and one count of attempted murder under the same statutes.  If convicted of the murder charge, the maximum statutory penalty for this charge is death.  If convicted of the attempted murder charge, Carrillo faces a maximum statutory penalty of 20 years in prison, three years of supervised release, a $250,000 fine, and restitution.  Justus is charged with aiding and abetting the murder and attempted murder and faces the same maximum statutory penalties.  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 imposition of a sentence, 18 U.S.C. § 3553.

Justus made his initial appearance Monday, June 15, 2020, before U.S. Magistrate Judge Laurel Beeler, and was detained for further proceedings.  His next appearance is scheduled for Friday, 10:30 am, before Magistrate Judge Kandis A. Westmore for identification of counsel and additional proceedings.  An initial federal court appearance has not yet been scheduled for Carrillo.

The case is being prosecuted by United States Attorney for the Northern District of California David Anderson and the Oakland Branch of the Office of the United States Attorney with assistance from George Kraehe of the National Security Division’s Counterterrorism Section.  The case is being investigated by the FBI, the ATF, the FPS, and the U.S. Marshal Service with assistance from the Oakland Police Department and the Santa Clara County Sheriff’s Office.

See Justus complaint. See Carillo complaint.

Allen Payton contributed to this report.

President Trump issues Executive Order on safe policing for safe communities

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Law & Justice

Issued on: June 16, 2020

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:

Section 1.  Purpose.  As Americans, we believe that all persons are created equal and endowed with the inalienable rights to life and liberty.  A fundamental purpose of government is to secure these inalienable rights.  Federal, State, local, tribal, and territorial law enforcement officers place their lives at risk every day to ensure that these rights are preserved.

Law enforcement officers provide the essential protection that all Americans require to raise their families and lead productive lives.  The relationship between our fellow citizens and law enforcement officers is an important element in their ability to provide that protection.  By working directly with their communities, law enforcement officers can help foster a safe environment where we all can prosper.

Unfortunately, there have been instances in which some officers have misused their authority, challenging the trust of the American people, with tragic consequences for individual victims, their communities, and our Nation.  All Americans are entitled to live with the confidence that the law enforcement officers and agencies in their communities will live up to our Nation’s founding ideals and will protect the rights of all persons.  Particularly in African-American communities, we must redouble our efforts as a Nation to swiftly address instances of misconduct.

The Constitution declares in its preamble that one of its primary purposes was to establish Justice.  Generations of Americans have marched, fought, bled, and died to safeguard the promise of our founding document and protect our shared inalienable rights.  Federal, State, local, tribal, and territorial leaders must act in furtherance of that legacy.

Sec. 2.  Certification and Credentialing.  (a)  State and local law enforcement agencies must constantly assess and improve their practices and policies to ensure transparent, safe, and accountable delivery of law enforcement services to their communities.  Independent credentialing bodies can accelerate these assessments, enhance citizen confidence in law enforcement practices, and allow for the identification and correction of internal deficiencies before those deficiencies result in injury to the public or to law enforcement officers.

(b)  The Attorney General shall, as appropriate and consistent with applicable law, allocate Department of Justice discretionary grant funding only to those State and local law enforcement agencies that have sought or are in the process of seeking appropriate credentials from a reputable independent credentialing body certified by the Attorney General.

(c)  The Attorney General shall certify independent credentialing bodies that meet standards to be set by the Attorney General.  Reputable, independent credentialing bodies, eligible for certification by the Attorney General, should address certain topics in their reviews, such as policies and training regarding use–of-force and de-escalation techniques; performance management tools, such as early warning systems that help to identify officers who may require intervention; and best practices regarding community engagement.  The Attorney General’s standards for certification shall require independent credentialing bodies to, at a minimum, confirm that:

(i)   the State or local law enforcement agency’s use-of-force policies adhere to all applicable Federal, State, and local laws; and

(ii)  the State or local law enforcement agency’s use-of-force policies prohibit the use of chokeholds — a physical maneuver that restricts an individual’s ability to breathe for the purposes of incapacitation — except in those situations where the use of deadly force is allowed by law.

(d)  The Attorney General shall engage with existing and prospective independent credentialing bodies to encourage them to offer a cost-effective, targeted credentialing process regarding appropriate use-of-force policies that law enforcement agencies of all sizes in urban and rural jurisdictions may access.

Sec. 3.  Information Sharing.  (a)  The Attorney General shall create a database to coordinate the sharing of information between and among Federal, State, local, tribal, and territorial law enforcement agencies concerning instances of excessive use of force related to law enforcement matters, accounting for applicable privacy and due process rights.

(b)  The database described in subsection (a) of this section shall include a mechanism to track, as permissible, terminations or de-certifications of law enforcement officers, criminal convictions of law enforcement officers for on-duty conduct, and civil judgments against law enforcement officers for improper use of force.  The database described in subsection (a) of this section shall account for instances where a law enforcement officer resigns or retires while under active investigation related to the use of force.  The Attorney General shall take appropriate steps to ensure that the information in the database consists only of instances in which law enforcement officers were afforded fair process.

(c)  The Attorney General shall regularly and periodically make available to the public aggregated and anonymized data from the database described in subsection (a) of this section, as consistent with applicable law.

(d)  The Attorney General shall, as appropriate and consistent with applicable law, allocate Department of Justice discretionary grant funding only to those law enforcement agencies that submit the information described in subsection (b) of this section.

Sec. 4.  Mental Health, Homelessness, and Addiction.  (a)  Since the mid-twentieth century, America has witnessed a reduction in targeted mental health treatment.  Ineffective policies have left more individuals with mental health needs on our Nation’s streets, which has expanded the responsibilities of law enforcement officers.  As a society, we must take steps to safely and humanely care for those who suffer from mental illness and substance abuse in a manner that addresses such individuals’ needs and the needs of their communities.  It is the policy of the United States to promote the use of appropriate social services as the primary response to individuals who suffer from impaired mental health, homelessness, and addiction, recognizing that, because law enforcement officers often encounter such individuals suffering from these conditions in the course of their duties, all officers should be properly trained for such encounters.

(b)  The Attorney General shall, in consultation with the Secretary of Health and Human Services as appropriate, identify and develop opportunities to train law enforcement officers with respect to encounters with individuals suffering from impaired mental health, homelessness, and addiction; to increase the capacity of social workers working directly with law enforcement agencies; and to provide guidance regarding the development and implementation of co-responder programs, which involve social workers or other mental health professionals working alongside law enforcement officers so that they arrive and address situations together.  The Attorney General and the Secretary of Health and Human Services shall prioritize resources, as appropriate and consistent with applicable law, to support such opportunities.

(c)  The Secretary of Health and Human Services shall survey community-support models addressing mental health, homelessness, and addiction.  Within 90 days of the date of this order, the Secretary of Health and Human Services shall summarize the results of this survey in a report to the President, through the Assistant to the President for Domestic Policy and the Director of the Office of Management and Budget, which shall include specific recommendations regarding how appropriated funds can be reallocated to support widespread adoption of successful models and recommendations for additional funding, if needed.

(d)  The Secretary of Health and Human Services shall, in coordination with the Attorney General and the Director of the Office of Management and Budget, prioritize resources, as appropriate and consistent with applicable law, to implement community-support models as recommended in the report described in subsection (c) of this section.

Sec. 5.  Legislation and Grant Programs.  (a)  The Attorney General, in consultation with the Assistant to the President for Domestic Policy and the Director of the Office of Management and Budget, shall develop and propose new legislation to the Congress that could be enacted to enhance the tools and resources available to improve law enforcement practices and build community engagement.

(b)  The legislation described in subsection (a) of this section shall include recommendations to enhance current grant programs to improve law enforcement practices and build community engagement, including through:

(i)    assisting State and local law enforcement agencies with implementing the credentialing process described in section 2 of this order, the reporting described in section 3 of this order, and the co responder and community-support models described in section 4 of this order;

(ii)   training and technical assistance required to adopt and implement improved use–of-force policies and procedures, including scenario-driven de-escalation techniques;

(iii)  retention of high-performing law enforcement officers and recruitment of law enforcement officers who are likely to be high-performing;

(iv)   confidential access to mental health services for law enforcement officers; and

(v)    programs aimed at developing or improving relationships between law enforcement and the communities they serve, including through community outreach and listening sessions, and supporting non profit organizations that focus on improving stressed relationships between law enforcement officers and the communities they serve.

Sec. 6.  General Provisions.  (a)  Nothing in this order shall be construed to impair or otherwise affect:

(i)   the authority granted by law to an executive department or agency, or the head thereof; or

(ii)  the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b)  This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c)  This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

DONALD J. TRUMP

THE WHITE HOUSE,
June 16, 2020.