Contra Costa Herald

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

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

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

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

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

A Coroner’s Inquest, which Sheriff-Coroner Livingston convenes in fatal incidents involving peace officers, is a public hearing, during which a jury rules on the manner of a person’s death. Jury members can choose from the following four options when making their finding: accident, suicide, natural causes, or at the hands of another person, other than by accident.

Rep. DeSaulnier to host Town Hall Meeting in Danville Aug. 8

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Congressman Mark DeSaulnier (CA-11) will host a town hall meeting at the Veterans Memorial Building in Danville on Thursday, August 8th at 6:30 p.m.

This will be Congressman DeSaulnier’s 86th town hall and mobile district office hour since coming to Congress four years ago. During the town hall, he will provide an update on conditions at the southern border, the work the House has been doing on behalf of the American people, and Congress’s oversight of the Trump Administration.

Rep. Mark DeSaulnier

Danville Town Hall
Thursday, August 8, 2019
6:30 p.m. to 8:00 p.m.
Veterans Memorial Building
115 E. Prospect Ave, Danville, CA 94526

Doors open at 6:00 p.m.

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

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

 

Danville native participates in multinational maritime exercise in Black Sea

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By Mass Communication Specialist 2nd Class Brian T. Glunt, Navy Office of Community Outreach

MILLINGTON, TN — A 2011 Monte Vista High School and 2015 University of Colorado at Boulder graduate and Danville, California, native participated in Sea Breeze 2019, a multinational maritime exercise in the Black Sea, July 1-12.

Lt. Adam Sharma, a U.S. Navy explosive ordnance disposal officer assigned to Explosive Ordnance Disposal Mobile Unit 8, took part in the exercise which focused on multiple warfare areas including maritime interdiction operations, air defense, anti-submarine warfare, damage control, search and rescue and amphibious operations.

“We rely heavily on our men and women in uniform to remain ready and vigilant in an increasingly complex environment, while they work closely with our NATO allies and partners to ensure regional stability,” said Vice Adm. Lisa M. Franchetti, commander, U.S. 6th Fleet. “Each and every sailor and Marine who is here in Ukraine participating in exercise Sea Breeze 2019 is absolutely essential to the success of this exercise, and we could not be more proud of their hard work and commitment.”

As an explosive ordnance disposal officer, Sharma is responsible for diffusing improvised explosive devices and other ordnance.

This was the 19th iteration of Sea Breeze in which naval forces from 19 nations contributed in the annual exercise co-hosted by the Ukrainian and U.S. Navies aiming to improve interoperability while promoting regional security and peace.

Nations scheduled to participate in Sea Breeze include Bulgaria, Canada, Denmark, Estonia, France, Georgia, Greece, Italy, Latvia, Lithuania, Moldova, Norway, Poland, Romania, Sweden, Turkey, Ukraine, the United Kingdom and the United States.

“This year we will focus on strengthening our partnerships and building upon the friendships that have been established for years,” said Capt. Matthew Lehmann, commodore of U.S. Destroyer Squadron 60.

U.S. participation included the Arleigh Burke-class guided-missile destroyer USS Carney, a P-8A Poseidon from Patrol Squadron NINE, Navy Underwater Construction Team-1B, U.S. Marines from Marine Rotational Force-Europe and members of the Commander, Naval Forces Europe/Africa and Commander, U.S. Naval 6th Fleet staffs. In total, approximately 600 U.S. sailors and Marines participated.

“The thing I look forward to most during Sea Breeze is training with the Ukrainian explosive ordnance disposal divers,” said Sharma. “I enjoy everything about being in the Navy.”

To view a video of the exercise, click here.

Graffiti suspect arrested Thursday for hate crime, vandalism in San Ramon last weekend

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Jacob Leigh in surveillance camera photos. Courtesy of San Ramon Police.

By Captain Denton Carlson, San Ramon Police Department

During the morning of Sunday, July 7, 2019, members of the San Ramon Police Department responded to several reports of racially insensitive graffiti in the area surrounding Camino Ramon and Crow Canyon Road. The graffiti was spray-painted on several exterior walls of commercial buildings, as well as on an ATM in the area. Members of our agency and employees from local businesses took immediate steps to remove the graffiti in an attempt to limit the public’s exposure. Based on the initial investigation by our officers, it was apparent the graffiti was spray-painted during the early morning hours on Sunday, July 7, 2019.

On Monday, July 8, 2019, members of the San Ramon Police Department received several high-quality images of the involved suspect, which were taken by the video surveillance camera inside the vandalized ATM located at 2190 Camino Ramon. These images were immediately distributed to local law enforcement agencies in an attempt to identify the suspect. After a few days without any successful identification, we posted the photographs on our social media platforms to try and determine who was responsible for these crimes.

The response from the San Ramon Community was overwhelming. After receiving numerous investigative tips, San Ramon Police Detectives positively identified the suspect as Jacob Leigh, an 18-year-old from San Ramon. Detectives served a search warrant at Leigh’s home during the morning of Thursday, July 11, 2019. Numerous items of evidentiary value associated with the crimes committed were recovered during the search, but Leigh was not at the residence.

During the early afternoon on Thursday, July 11, 2019, Jacob Leigh arranged to turn himself in at the San Ramon Police Department. Detectives placed him under arrest, and he was booked at the Martinez Detention Facility for violations of Penal Code 422.6(b) (Hate crime) and multiple violations of Penal Code 594 (Vandalism). His bail was set at $40,000.

The members of the San Ramon Police Department would like to thank the San Ramon Community for their assistance in identifying this suspect. Their commitment to justice, inclusion, and equality shined through based on their obvious displeasure associated with crimes of this nature.

For media-related inquires, please contact Captain Denton Carlson via email at dcarlson@sanramon.ca.gov, or via direct message on Twitter (@srpdcarlson).

San Ramon man, former U.S. Department of Veteran Affairs fiduciary pleads guilty to embezzling from disabled veterans

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Raj Ditta. From his LinkedIn profile.

OAKLAND – Raj Kumar Ditta pleaded guilty today in federal court to misappropriating and embezzling funds he held as a fiduciary for incompetent and disabled veterans, announced United States Attorney David L. Anderson and the U.S. Department of Veterans Affairs (VA), Office of Inspector General, Criminal Investigations Division, Special Agent in Charge James Wahleithner.  The plea was accepted by the Hon. Yvonne Gonzalez Rogers, U.S. District Judge.

In pleading guilty, Ditta, 51, of San Ramon, the owner of Ditta Fiduciary Services, admitted that from 2010 through 2012, he entered into fiduciary agreements with the VA.  Under the agreements, he agreed to act as a fiduciary for eight different veterans or beneficiaries that the VA had determined were not competent to handle their own financial affairs.  As a fiduciary, Ditta was required to establish bank accounts to receive each beneficiary’s VA income and to ensure the beneficiary’s debts were paid.  Ditta admitted that in each case, he set up a separate bank account for the beneficiary and, within months, began syphoning funds from the beneficiary’s account.  Ditta moved thousands of dollars to his own personal account and used those funds for his own benefit.  In sum, Ditta misappropriated and embezzled no less than $39,500 from the veterans and beneficiaries.

Ditta was charged by Information on May 24, 2019, with one count of misappropriation of funds held by a fiduciary, in violation of 38 U.S.C. § 6101(a), and 15 counts of theft of government money, in violation of 18 U.S.C. § 641.  Under the plea agreement, Ditta pleaded guilty to the misappropriation of funds count and, if he complies with the plea agreement, the remaining counts will be dismissed at sentencing.

Judge Gonzalez Rogers scheduled Ditta’s sentencing hearing for November 14, 2019 at 3:00 p.m.  Ditta faces a maximum statutory penalty of five years’ imprisonment and a fine of $250,000 for the 38 U.S.C. § 6101(a) violation.  In addition, as part of sentencing the court may order an additional period of supervised release and restitution, if appropriate. However, any sentence will be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

Assistant U.S. Attorney Jose Apolinar Olivera is prosecuting the case with the assistance of Jessica Rodriguez Gonzalez.  The prosecution is the result of an investigation by the VA Office of Inspector General, Criminal Investigations Division.

Allen Payton contributed to this report.

East Bay Congressman who represents San Ramon is first to quit presidential race

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Rep. Eric Swalwell. Photo from his congressional website.

By Allen Payton

Rep. Eric Swalwell (D, CA-15) was the first candidate to drop out of the race for president, when he made an announcement during a press conference at the Swalwell for American headquarters in his hometown of Dublin, on Monday. He was one of over 20 candidates seeking the Democratic nomination.

Swalwell has represented San Ramon in Contra Costa County, as well as the Tri Valley and other portions of Alameda County, since he was first elected, after beating 20-term incumbent and fellow Democrat Pete Stark in the 2012 primary election.

A member of the House Intelligence Committee, Swalwell had been calling for President Trump’s impeachment for the past year, and his main presidential campaign issue was an assault weapons ban.

In a statement on his presidential campaign website, Swalwell wrote,

I ran for President to win and make a difference in our great country — a difference on issues of the future such as finding cures for our deadliest and most debilitating diseases, taking on the student loan debt crisis, and ending gun violence. I promised my family, constituents, and supporters that I would always be honest about our chances. After the first Democratic presidential debate, our polling and fundraising numbers weren’t what we had hoped for, and I no longer see a path forward to the nomination. My presidential campaign ends today, but this also is the start of a new passage for the issues on which our campaign ran.

I entered this race determined to elevate the issue of gun violence, and at the debate, three top-tier candidates embraced my idea to ban and buy back every single assault weapon in America. Putting this idea and this larger issue of gun violence front and center in the Democratic policy discussion is an accomplishment, dedicated to the students, moms, and other activists who tirelessly demand action to save American lives.

I thank my supporters and friends, my staff, and my family for making this journey possible. I’ll never forget the people I met and lessons I learned while travelling around our great nation – especially in the communities most affected by gun violence. Too many communities feel this pain. But in every community’s grief, I see people who love one another and have inside themselves the grit to get things done to end gun violence once and for all.

I will take those lessons back to Congress, serving my friends and neighbors in California’s 15th District while using my seats on the House Intelligence and Judiciary committees to make our nation safer and uphold the rule of law for all Americans.

Thank you,

Eric

The 38-year-old Swalwell will instead seek a fifth term in Congress. Rumor has it that former State Assemblywoman Catharine Baker might run for the Republican nomination in the same district to face Swalwell, next year.

Bicyclist dies from accident with car in Alamo on Wednesday

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By CHP-Contra Costa

Wednesday afternoon, June 26, 2019 around 4:30pm, we responded to a collision on Mount Diablo Scenic Blvd near Diablo Ranch Drive. Upon arrival, we located a bicyclist down on the roadway and a Chevy SUV. Emergency medical aid was given to the bicyclist, and the adult male rider was driven by ambulance to the Athenian School where he was life flighted to a local hospital. Unfortunately, he succumbed to his injuries later that night.

The driver of the Chevy remained on scene and is cooperating with our investigation. The location where this collision occurred is a narrow winding roadway and it appears the bicyclist and vehicle hit head on. The rider was wearing a helmet.

If you have any information about this collision, please call the Contra Costa CHP Office at 925-646-4980.

Ken Behring, developer of Blackhawk, former Seahawks owner, passes at 91

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Ken Behring. Photo courtesy of BlackhawkMuseum.org

Also founder of the Wheelchair Foundation and Blackhawk Museum

By Allen Payton

Ken Behring, best known locally as the billionaire developer of Blackhawk and founder of the Blackhawk Museum in Contra Costa County, the former owner of the Seattle Seahawks, and the founder of the Wheelchair Foundation, died at the age of 91 on Tuesday night.

In a message posted on Facebook on Wednesday evening, June 26, 2019, his son, David Behring, wrote, “My father passed away peacefully last night at the age of 91. He was both a Lion and a Dragon and could not have lived a fuller life. He loved business, sports, travel, automobiles, family, adventure, life and helping others. His family and friends will deeply miss him and pledge to carry on his legacy. Our family is so appreciative of the hundreds of phone, text and email messages that have poured in today. I will write more reflections of him this weekend.”

Kenneth Eugene Behring was born in Freeport, Illinois on June 13, 1928. He grew up poor during the Depression era in Wisconsin and began working odd jobs at age seven. Yet, he ended up making the Forbes 400 list of richest Americans several times, and owning a jet plane, plus the NFL team.

A high-school football player, he received a partial football scholarship to the University of Wisconsin–Madison but, dropped out of college due to an injury that ended his football career, and making him ineligible for his scholarship.

Behring then worked as a salesman at a Chevrolet and Chrysler dealership and at 21, he started a used car business called Behring Motors in Monroe, Wisconsin. The young businessman was earning $50,000 a year and by age 27 had $1 million in assets.

His career as a real estate developer spanned four decades. Behring planned and developed communities in Florida, California, and Seattle. His company conceived and developed the entire city of Tamarac, Florida in the 1950’s which now has a population of over 60,000.

In 1972 he moved to California, where he is best known for planning and developing the renowned Blackhawk community near Danville, as well as the Canyon Lakes Development in San Ramon. In East County, his company Blackhawk Development built the Apple Hill Estates and Summerset communities in Brentwood.

In Seattle his company created Blakely Ridge, a planned community of 2,200-homes and Grande Ridge, a 2,500-acre commercial and residential development.

Behring was the author of two books, his autobiography in 2004, “The Road to Purpose” and in 2013, “The Road to Leadership”, in which he shares his own life experiences and the need for purpose in an individual’s life.

“I am a simple man who has lived a simple life and, in the process, learned a simple lesson,” he wrote in The Road to Leadership. “I was born poor. But I will die rich – with more money, in fact, than I ever imagined existed when I was a boy. By the world’s standards, I climbed aboard the American dream and rode it to the top, becoming a leader in business.”

“Yet as I look back on all my success, I realize that doing well financially is easy compared with achieving true success: finding a purpose in life beyond just making money. Purpose is something you achieve by giving your heart, time, love and money to providing a better life for mankind.”

And give back, he did.

After purchasing the Seattle Seahawks football team in 1988, Behring established the Seattle Seahawks Charitable Foundation in 1995, which benefited numerous children’s charities. The foundation was the most substantial donor to the Western Washington Muscular Dystrophy Association for many years.

On his birthday in 2000, Behring established the Wheelchair Foundation at a ceremony on Capitol Hill in Washington, DC. To date, the organization has raised funds to pay for and distribute over one million wheelchairs to those with physical disabilities throughout the world.

Behring served on the boards of U.C. Berkeley, St. Mary’s College of California and Holy Names College. He also served as the president of the American Academy of Achievement. He has been honored as Man of the Year by Boys’ Town of Italy and the Mt. Diablo Foundation.

Behring actively contributed to the cultural community in California and the nation. He gained recognition through one of the largest and finest classic automobile collections in the world, housed in the Blackhawk Museum, in which some of the wings bear his name.

His contributions to the Smithsonian Institution in Washington, D.C. resulted in improvements to two of the museums. According to MuseumNetwork.com, in 1997 Behring donated $20 million for the National Museum of Natural History to update the mammal wing, which bears his name and which opened in the fall of 2003. Then, in 2000 Behring donated another $80 million which was purportedly the largest cash donation ever given to a U.S. museum by a living person. The gift enabled what is now known as the National Museum of American History, Kenneth E. Behring Center to restore and update its permanent and temporary exhibits.

Also, in 2000, Behring donated $7.5 million to U.C. Berkeley, to expand the Principal Leadership Institute. The newly established Kenneth E. Behring Center for Educational Improvement focused on training programs for public-school principals, providing scholarships for fifty aspiring principals every year.

He established the Behring Global Education Foundation, which encompasses and coordinates all of his philanthropic efforts, including the Wheelchair Foundation, Operation Global Vision and the Safe Drinking Water Project and museum donations.

Behring is survived by his wife, Pat, whom he married at age 21, five sons, and as of 2018, ten grandchildren and two great grandchildren.

Supervisors withdraw Blackhawk police tax measure set for August 27

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Possible November ballot measure instead

By Daniel Borsuk

At a specially called Tuesday meeting, on May 28, the Contra Costa County Board of Supervisors took the unusual action of withdrawing a special tax, measure approved a week earlier, that would have permitted residents of the Blackhawk Homeowners Association to vote on whether to increase a parcel tax to keep police services intact.

The special election scrubbed by supervisors on a 3-0 vote, was originally to be held August 27 and would have generated sufficient parcel tax revenue from Blackhawk homeowners to maintain police services that are provided by the Contra Costa County Sheriff at current levels, three deputies and one lieutenant.

At the request of District 3 Supervisor Diane Burgis of Brentwood, whose district includes the residential area consisting of 2,027 exclusive homes near Danville, the supervisor said after the May 21 action she had met with representatives of the Blackhawk Country Club, which opposes being included in any type of parcel tax proposal for police services. Burgis said she will present at an upcoming meeting a Blackhawk police services parcel tax proposal that would be “fair and agreeable.”

“We’ve had challenges concerning the funding for the police district,” Burgis admitted.

In the May 21 action, the special taxes levied in the zone for police protection would have been increased in fiscal year 2020-2021 to $380 per parcel for residential properties, including single, small multiple and large multiple, $3,040 per parcel for commercial/industrial/institutional properties and $13,300 per parcel for commercial/theater properties. The ordinance also would have taxed parcels owned by the Blackhawk County Club, which are currently exempt from the Zone A police protection special tax.

While admitting the association has been losing revenues to support the police services at current levels, Blackhawk Homeowners Association President Ron Banducci, who is also chairman of the Blackhawk Police Advisory Committee, had informed supervisors at the May 21 meeting that without the infusion of increased revenues from homeowners residents would lose one deputy from its police department.

At Tuesday’s meeting, Banducci warned supervisors to leave intact their May 21 decision to allow a vote on the August 27 parcel tax measure that would also, for the first time, include the Blackhawk Country Club to be assessed parcel taxes.

He cautioned supervisors Federal Glover of Pittsburg and Board Chair John Gioia of Richmond about any “backroom deal by Supervisor Burgis and the Blackhawk Country Club for $40,000 for 10 years” to allegedly be excluded from a police district tax district.

Blackhawk Homeowners Association member, Rick Marse, said the fact that Burgis and the country club have been meeting makes any kind of deal “completely irregular.”

Another Blackhawk resident Henry Schutzel thought that the meeting was invalid because it violates the public open meeting law. “I believe this meeting is a violation of the Brown Act,” he claimed.

Even then, without much comment from Supervisors Glover or Gioia on the issue at hand, Burgis’s request was unanimously approved.

Camino Tassajara Bike Lane Gap Closure Project to begin construction Monday

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Contra Costa County Public Works will begin construction on the Camino Tassajara Bike Lane Gap Closure Project. The project will widen the pavement to provide bike lanes in four separate segments along Camino Tassajara between Windermere Parkway and just north of Penny Lane. Segments are as follows:

Segment 1: From 240 feet north of Penny Lane to 150 feet south of Johnston Road

Segment 2: From 1,300 feet north of Highland Road to Highland Road

Segment 3: From 700 feet south of the bridge over Tassajara Creek to 2,050 feet south of the bridge

Segment 4: From 1,600 feet north of Windemere Parkway to 350 feet north of Windemere Parkway

The project also includes drainage improvements, signing and striping improvements, and placing a slurry seal from Windemere Parkway to Lusitano Street.

Construction will begin on Monday, June 3, 2019, with completion in late November 2019, barring unforeseen circumstances. Work hours will generally be 8:30 am and 4:00 pm to minimize impacts to commute traffic. Drivers should expect delays of up to 15 minutes during construction.

Funding for this project is provided by Measure J, Tri-Valley Transportation Council, South County Area of Benefit and Southern Contra Costa (SCC) Subregional Fee Program. More information on this project can be found at: http://www.cccounty.us/pwdmap.