Alameda County District Attorney's Office
Nancy E. O'Malley, District Attorney

Meet DA Nancy E. O'Malley


People v Joel Perry Sep 2, 2015

On August 31, 2015, a jury found defendant Joel Perry guilty as charged of first degree murder, attempted murder, two counts of attempted second degree robbery, and three counts of assault with an assault weapon. All counts included gun use and gang enhancements.

On February 29, 2008, the two victims sat in a car in Union City’s Kennedy Park when approximately five Hispanic males approached the car. One of the men asked the victims what gang they were in and the two victims denied participating in gangs. The men then demanded the victims hand over their cash, necklaces and cell phones, and one of the gang members reached into the vehicle to grab Victim 1’s necklaces. The victims refused to give them their valubles.

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People v Ashon Tryan Olivegoffner Aug 31, 2015

On August 26, 2015, defendant Ashon Tryan Olivegoffner was found guilty of forcible rape, corporal injury to a partner, sexual penetration by foreign object, second degree robbery, and false imprisonment by violence.

Defendant Olivegoffner and the victim had been dating for 6 months, and living together for 4 months. Early in the morning on April 25, 2015, the victim was picked up after work by defendant Olivegoffner and they stopped by a friend’s birthday on the way home. After one drink, they continued home together and defendant Olivegoffner argued with victim throughout the ride.

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DA’s Office Secures Restitution for Victim of Dentist’s Illegal Business Practice Aug 25, 2015

OAKLAND, CA – Alameda County District Attorney Nancy E. O’Malley announced today that her office’s Consumer, Environmental and Worker Protection Division has settled a civil law enforcement action against Livermore Dentist Dr Rakhibahen Tejas (Rakhi) Jani, owner of Smiles Unlimited in Livermore, CA.

Dr Jani advertised in the PennySaver weekly flyer delivered to a residential senior facility offering dental implants to new patients at a cost $1,200. Ms Evelyn M., age 80, read the advertisement, went to the dental office, and began the implant process at this agreed upon price. The dental office immediately signed her up for Care Credit, a dental credit business that charged 27% interest without informing her of this fact. Additionally, Dr Jani charged the victim in excess of twice the advertised amount once the lengthy dental procedure had begun.

Ms Evelyn M receives her restitution check from DA Inspector Bermudez.

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Alameda County DA Settles Civil Lawsuit with Walgreens Pharmacies Aug 18, 2015

Oakland, CA – Alameda County District Attorney Nancy E. O’Malley announced today that the Office’s Consumer, Environmental and Worker Protection Division, along with Riverside and San Diego District Attorney’s Offices and the California State Board of Pharmacy, has obtained a $502,200 settlement in a consumer protection lawsuit brought against the Walgreens Co. pharmacy chain in California.

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2015 National Night Out Aug 7, 2015

National Night Out is a yearly event that takes place in more than 16,000 communities across the United States. Each participating neighborhood hosts a block party, cookout or other event to unite those living in the area. The aim of National Night Out is to encourage neighbors to interact with each other and to foster neighborhood spirit and camaraderie, thereby making a community safer.

Each year, teams from the District Attorney’s Office participate in our local National Night Out festivities and this year’s event was held on Tuesday, August 4. Our teams visited a number of National Night Out block parties around the county, along with representatives from law enforcement, local government, and other community organizations.

“Our aim in visiting these neighborhoods throughout the county is to engage with members of community, to listen to their concerns and to let them know how the District Attorney’s Office can help them,” said Chief of DA Inspectors, Robert Chenault.

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People v Roy Jones Aug 5, 2015

On July 29, 2015, a jury in Hayward found defendant Roy Jones (also known as Stan Jones) guilty of 16 of 17 charged counts, which included Torture, Kidnapping for Extortion, Assault with a Deadly Weapon, False Imprisonment, and Child Abuse.

The victim and the defendant have 5 children together, and have known each other for over 15 years. On January 14, 2015, the victim was visiting defendant Jones at his house when suddenly, defendant Jones ordered his friend to grab the victim. The friend grabbed her from behind, put in a choke hold and dragged down into the basement. There, she was forced to remove her clothes and was assaulted, including being hit on the head with a hammer repeatedly until she lost consciousness.

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Doctor Charged with Multiple Counts of Illegal Presciptions Jul 30, 2015

The Alameda County District Attorney’s Office today charged defendant Dr Carol Jessop with four felony counts of unlawful prescription of a controlled substance, two felony counts of providing prescription of a controlled substance to an addicted person, three misdemeanor counts of excessive prescribing and administering of drugs, and one misdemeanor count of possession of a controlled substance.

Dr Carol Jessop had a pain management and palliative care clinic in Oakland. Dr Jessop wrote nearly 5,000 prescriptions for controlled substances in a year period in 2014-2015. She wrote prescriptions for such large quantities of opioids and other dangerous drugs (in some instances more than 10 times the recommended daily maximum dose) that many major pharmacies began to refuse to fill prescriptions written by her. Dr Jessop used to hand out to patients a flyer listing the small pharmacies that would fill her prescriptions.

“The Alameda County District Attorney’s Office is ever vigilant in our investigation and prosecution of health care providers who disregard the law. We as a community place deep trust in those who are trained and licensed to practice medicine, and Dr Jessop failed to abide by the basic standard of care and professionalism we expect of our health care providers,” said District Attorney Nancy O’Malley.

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DA O’Malley and DTSC Director Lee Announce Sentencing of Two Defendants for Environmental Crimes Jul 29, 2015

Alameda County District Attorney Nancy E. O’Malley, together with the California Department of Toxic Substances Control (DTSC) Director Barbara A. Lee, announced the sentencing today of Kirk Hayward and Charles Seaton, respectively the former owner and the former vice president of Clearwater Environmental Management, Inc., for felony convictions of conspiracy.

For years, Hayward and Seaton ran the Union City-based company and systematically defrauded Clearwater’s customers, falsified Clearwater customers’ official hazardous waste disposal records, and transported hazardous waste without a license from DTSC.

Defrauded Clearwater customers, including BART, Closure Solutions, Pape Machinery, and Recology, had hired the business to ensure compliance with their legal obligations as generators of hazardous waste, to lawfully transport and dispose of their hazardous waste, and to truly and accurately document disposal in official hazardous waste tracking records called ‘manifests’. However, Clearwater failed to provide customers with all of these environmental services.

“The defendants’ intentional and repeated crimes not only cheated Clearwater’s customers, but wholly undermined the integrity of environmental laws designed to protect public health and the environment,” said District Attorney O’Malley. “We will not tolerate hazardous waste crimes, including the falsification of hazardous waste records. My office greatly appreciates the considerable resources spent and expertise demonstrated by DTSC’s investigators that supported this successful prosecution.”

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Murder Charges Filed in Slaying of Hayward Police Officer Jul 24, 2015

OAKLAND, CA – Alameda County District Attorney Nancy E. O’Malley announced her office has formally filed murder charges against Mark Anthony Estrada, 21, for the July 22 killing of Hayward Police Department Sergeant Scott Lunger. The complaint filed in the Alameda County Superior Court today charges Estrada with first degree murder with special circumstances. The three special circumstances are murder of a peace officer, lying in wait, and discharging a firearm from a motor vehicle.

On July 22, just after 3am, Sergeant Lunger pulled over a white pickup truck driving erratically. He approached the vehicle to speak with the driver. Without warning or provocation, defendant Estrada opened fire on Sergeant Lunger. A second Hayward Police officer who had also responded to the scene returned fire, striking Estrada. Defendant Estrada fled the scene and his vehicle was found discarded at 98th Avenue in Oakland. Sergeant Lunger died of his injuries at Eden Medical Center in Castro Valley a short time later.

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People v Marchell Ernest Mitchell Jul 21, 2015

On July 21, 2015, a jury convicted Marchell Ernest Mitchell of a felony assault likely to produce great bodily injury, and misdemeanor battery.

On March 19, 2014, defendant Mitchell was working as a school security officer at Oakland High School. He assaulted victim Francisco Martinez, a 17-year-old student who was wheelchair-bound due to cerebral palsy.

After a confrontation where defendant Mitchell restrained the victim using handcuffs, the victim challenged defendant Mitchell about the event. The victim spat at defendant Mitchell as the defendant pushed his wheelchair. Defendant Mitchell subsequently punched the victim three times in the face, threw him out of his wheelchair. As the victim lay handcuffed on the ground, defendant Mitchell struck him again, then picked him up and and dropped him back to the ground.

The case was prosecuted by DDA Gemma Daggs with assistance from DA Inspectors Blair Alexander and Timothy Cleary, and Victim-Witness Advocate Yuen Chiang.