Contra Costa Herald

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

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

By 1 Comment

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

By Leave a Comment

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

By 1 Comment

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

By Leave a Comment

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

By Leave a Comment

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

By 1 Comment

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

By Leave a Comment

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.

 

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

By Leave a Comment

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

By 2 Comments

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

By 9 Comments

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.