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

Meet DA Nancy E. O'Malley

2015

People v Prince Franklin Tsetse Dec 30, 2015

On November 25, 2015, a jury found Defendant Prince Franklin Tsetse guilty of first degree murder of victim Kimberly Robertson, with special circumstances for murder in the commission of rape.

On April 4, 2014, victim Kimberly Robertson went out with her boyfriend and friends to a bar in Oakland. While there, they drank multiple drinks and eventually Robertson and her boyfriend argued whether or not she could drive his car back to his apartment, where she planned on staying that evening. Their friends believed neither should be driving and they called for a cab. When the cab arrived, victim Robertson refused to leave. Eventually, the cab took off without either of them in it.

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People v Gregory Hall Dec 22, 2015

On December 22, 2015, a jury found defendant Gregory Hall guilty of first degree murder with enhancements for the 2012 killing of 67-year-old victim Michael Bradley.

On June 14, 2012, Michael Bradley was discovered by neighbors inside his home lying on his back, in a pool of blood. Neighbors grew concerned when the victim, a prominent artist who was well-liked in the neighborhood, had not been seen for days. When investigators from the Oakland Police Department arrived on scene, they observed a trail of blood leading from the victim’s body to the kitchen as well as a freshly-cut electrical cord in the center of the blood trail inside the kitchen.

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People v Dante Roberson Dec 22, 2015

On December 9, 2015 a jury found Defendant Dante Roberson guilty of felony child abuse, and found true the enhancement that he personally inflicted great bodily injury on a child under the age of five.

The 2-1/2 year old child was in the care of his biological father, Defendant Dante Roberson, when he received glove-type burns to both hands, consistent with forcible submersion into a hot liquid. The injuries to the child affected both his hands, with crisp lines of demarcation and no splash marks.

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People v Joseph Sullivan Dec 16, 2015

On December 14, 2015, a jury found defendant Joseph Sullivan guilty of kidnapping to commit a sex crime, forcible rape, and forcible oral copulation, with aggravated kidnapping enhancements.

On June 16, 2015, around 11:30pm, Defendant Sullivan picked up the victim in Oakland for a date. Defendant Sullivan began punching the victim, however, when things did not go as planned. The victim unsuccessfully attempted to jump out of the car while the defendant drove in Oakland to escape. He then drove the victim approximately 17 miles away to Hayward, as he pinned her down by her neck on the center console, and demanded she get naked.

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DA Announces $25.95 Million Settlement with Comcast Cable Communications LLC for Violations Dec 15, 2015

Alameda County District Attorney Nancy E. O’Malley and Attorney General Kamala D. Harris today announced a settlement with Comcast Cable Communications LLC (“Comcast”) to resolve allegations that Comcast unlawfully disposed of hazardous waste and material, and discarded records without rendering private customer information unreadable. As part of the settlement, Comcast will pay a total of $25.95 million in penalties, costs, compliance measures and environmental projects. The settlement and proposed judgment, filed in Alameda County Superior Court, requires approval from the court before becoming final.

“Today’s settlement represents a victory in California’s ongoing efforts to ensure that hazardous waste is disposed of in a safe, legal and environmentally sustainable manner,” states Alameda County DA Nancy E. O’Malley.

“Not only will my office pursue all necessary legal action against entities that pollute our environment, but we will also use all legal means to ensure California’s consumers’ private information is protected. My office will continue to work together with state and local agencies to investigate and prosecute violations against our environment.”

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Restitution In Excess of $330,000 Paid to Victims of Wage Theft Dec 10, 2015

Oakland, CA -- Today, Alameda County District Attorney Nancy E. O'Malley announced that her office has secured restitution for the victims in the Calvin Harris prosecution. Payment of $339,347.89 was made to nine victims at the defendant’s sentencing hearing.

“I am pleased to announce that the victims in this matter have been reimbursed in full for their financial losses. My office is steadfast in our commitment to ensuring that victims of all crimes receive the restitution owed to them," stated DA O'Malley.

"We remain diligent in enforcing the laws that are in place to protect the rights of workers and employee, as one of the most fundamental of those is the right to be paid a full and fair wage for the work that they do,” she said.

Background

In February, 2015, the DA’s Office secured eight felony convictions against licensed electrical contractor, Calvin Harris (Harris Electric), for failing to pay his employees the prevailing wage and for filing false documents to hide his illegal conduct. The violations of the law occurred over the course of four years.

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DA O’Malley Announces Partnership to Provide Housing to Victims of Trafficking Dec 8, 2015

Alameda County District Attorney’s Office and Catholic Charities of the East Bay to Partner in Creating Safe Homes for Child Victims of Commercial Sexual Exploitation

OAKLAND, CA – Today, Alameda County District Attorney Nancy E. O’Malley joined Bishop Michael C. Barber, SJ, and Chuck Fernandez, Chief Executive Officer of Catholic Charities of the East Bay, to announce a new initiative to create homes for child victims of sexual exploitation and trafficking. Alameda County is one of the nation’s high intensity locations of child sex trafficking. In an effort to battle this criminal enterprise, the ground-breaking partnership will provide safe and secure housing for the young victims to recover, heal and thrive.

District Attorney Nancy O’Malley said, “Children who are the victims of sexual exploitation and trafficking are in vital need of safe and secure housing. The lack of such housing in our community and across the state is of grave concern. Catholic Charities of the East Bay and Bishop Barber are stepping up to meet the basic needs of young women who have been trafficked.

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Protecting seniors from scams and fraud Dec 1, 2015

On November 30th, KALW, local public radio in San Francisco, hosted a panel discussion about scams aimed at seniors. Assistant District Attorney Cheryl Poncini, an elder abuse specialist from our office, was a guest speaker and addressed a number of issues facing seniors.

Listen to the broadcast.

If you would like to learn more about issues affecting elders or if you or someone you know has been victimized, please visit our Elder Abuse page.

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People v Meghan Anne Zato Nov 13, 2015

On November 13, 2015, Defendant Meghan Anne Zato was found guilty of assault with a deadly weapon causing brain injury to victim James Roda, two counts of driving under the influence of alcohol resulting in the personal infliction of great bodily injury causing coma, as well as an additional count of hit and run.

Shortly after midnight on October 5, 2013, Defendant Zato (who was a law student at the University of California - Hastings College of Law at the time of the offences), was kicked out of the Ruby Room bar in Oakland by bar security due to disruptive and belligerent behavior. Outside the bar, Defendant Zato saw a group of people tagging the Oakland library with graffiti. Defendant Zato confronted the group and an argument ensued. She repeatedly threatened to call the police on them, and a member of the group punched Defendant Zato in the face and took her cell phone.

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People v Leondre Paige Nov 13, 2015

On November 12, 2015, Defendant Leondre Paige was found guilty as charged by a jury of first degree murder with enhancements for the 2011 killing of Daniel Bradford. His co-defendant, Dante Clifton Burch Jnr, pled guilty to murder in October 2015.

Around 3pm on June 14, 2011, Defendant Burch and his girlfriend Alexis Johns approached the victim’s brother, Carlos, at the San Leandro apartment complex where they all lived. Alexis wanted to buy marijuana from Carlos, but he told her that he did not have any to sell. Defendant Burch became upset with Carlos and they began to fight. An unknown person separated them and Defendant Burch vowed to return with his "boys."

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BMT Security Defendants Sentenced Following Guilty Plea Nov 5, 2015

Oakland, CA – Alameda County District Attorney Nancy E. O’Malley today announced that defendants Dahood Bey and Rory Parker were sentenced, following their October 7, 2015, guilty pleas to multiple felony counts including grand theft, filing false documents, tax evasion and conspiracy.

Dahood Bey pled no contest to 21 felonies and was sentenced today to serve five years in state prison. His mother, Rory Parker, pled no contest to five felonies and received credit for 235 days already served in County Jail and five years felony probation. Their codefendants, Dahood Bey’s wives Jameelah Bey and Qadirah Bey, along with Basheer Muhammad, Billie Poindexter and Ira Dickerson, all entered no contest pleas in this case at earlier court appearances and are expected to be sentenced next month.

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People v Robert Grandville Kelso Nov 4, 2015

On October 28, 2015, a jury found Robert Grandville Kelso guilty of attempted contacting a minor with intent to commit sex crime, of attempted sending harmful matter to a minor and of attempted arranging sexual meeting with a minor.

On April 24, 2014, Defendant posted an ad on Craigslist to meet a young female. Detective Lydon with the Alameda County Sherriff’s Office, in an undercover capacity, responded as a 14 year old female. Their email exchange lasted seven days. The defendant sent sexually explicit and obscene emails during this period.

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People v Manuel Trujillo and Mohammed Khan Nov 4, 2015

On October 19, 2015, Defendants Manuel Trujillo and Mohammed Zarin Kahn were convicted of first degree murder for the killing of Francisco Lopez in February 2010. The jury also returned guilty verdicts for the attempted voluntary manslaughter of Fernando Lopez.

On February 26, 2010, brothers Francisco and Fernando Lopez broke into a home in Hayward that was operating illegally as a marijuana grow. The house was being guarded by two men as well as two large pit bulls. Francisco and Fernando were immediately apprehended by the guards who held the brothers at gunpoint.

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DA O’Malley launches HEAT Institute Statewide hearings in San Diego Oct 29, 2015

San Diego, CA — Alameda County District Attorney Nancy E. O’Malley today announced the launch and first Regional Information Summit of the H.E.A.T. Institute. The Institute is a newly created, California research-based think-tank committed to ending all forms of human trafficking in California. A Blue Ribbon Commission comprised of a broad base of statewide leaders has been created to learn from professionals, service providers and survivors of sex trafficking throughout California.

Six Regional Information Summits will convene over the coming six months to gather information on how California’s diverse communities are responding to human trafficking. The Commissioners will then review the gaps and challenges in responses and services, as well as identify best and promising practices.

Following the initial Regional Information Summit in San Diego, the H.E.A.T. Institute Commission will convene additional summits in Los Angeles, Orange County (San Bernadino and Riverside), Central Valley (Frenso), North East California (Sacramento) and the Bay Area.

In February, 2015, District Attorney O’Malley was presented with the prestigious James Irving Foundation Leadership Award for her work in combating human trafficking. The Award included funding to further that work and with those funds, DA O'Malley created the H.E.A.T. Institute.

DA Nancy O'Malley gives welcoming remarks at the Inaugural H.E.A.T. Institute Regional Information Summit in San Diego, CA. The event is cosponsored by the San Diego County District Attorney's Office, flanked by San Diego County DA Bonnie Dumanis (second from left).

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People v Ali Asghar Kimia Oct 21, 2015

On October 14, 2015, a jury found Defendant Ali Asghar Kimia guilty of attempted murder, carjacking, robbery, elder abuse, and assault with a deadly weapon along with various clauses for great bodily injury, personal use of a deadly weapon, and vulnerable victim. During the sanity phase of the trial, the jury determined that Defendant Kimia was sane at the time that he committed these crimes.

On January 26, 2010, Defendant Ali Asghar Kimia strangled his seventy-two year old victim, and left him unconscious in the middle of the street in Hayward. Defendant Kimia drove away with the victim’s wallet and car. A few minutes later, Defendant Kimia returned to the scene of the crime to kill the victim. He snuck up on the victim from behind, and proceeded to strangle him again.

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People v Robert Drawn Oct 20, 2015

On October 8, 2015, a jury found Defendant Robert Drawn guilty of the first degree murder of Waleed Wheatfall (with enhancements for using a gun), attempted murder of Kennith Robinson (also with enhancements for using a gun), unlawful assault with a weapon, and two counts of possession of a firearm by a felon.

On September 17th, 2011, at approximately 4:30pm, Defendant Drawn and an unknown accomplice walked up to a young man in the parking lot of a supermarket at 57th and Foothill in Oakland. The young man, Waleed Wheatfall, extended his hand as if to offer a handshake. Instead, Defendant Drawn pulled out a semi-automatic weapon and fired multiple gunshots, killing him.

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2015 Day of Remembrance Oct 15, 2015

On Friday, 30 October, 2015, the DA's Office and the Alameda County Family Justice Center will celebrate the end of Domestic Violence Awareness Month with the 13th Annual Day of Remembrance.

The event honors victims who have died at the hands of their intimate partners, celebrates those who have survived, and connects those who work with victims of domestic violence. During the ceremony, a survivor will tell their story, and the names of those murdered by their domestic partners will be read and remembered.

We hope you will join us for the event to demonstrate domestic violence will not be tolerated in our society. We unite to say: #NoMore.

WHERE:

Alameda County Administration Building Plaza
1221 Oak Street, Oakland, CA 94612.

WHEN:

Formal program from 12:15pm to 1:15pm, with resource tables open from 11:30am.

COST:

Free.

For more information about the event, please contact the Alameda County Family Justice Center on (510) 267-8800.

People v Hien Phouc Nguyen Oct 6, 2015

On October 5, 2015, Defendant Hien Phouc Nguyen was found guilty of felony transportation of marijuana, driving with a suspended license, and simple possession of marijuana.

On February 3, 2015, Defendant Nguyen was traveling along 880 on his motorcycle. He was seen speeding by a CHP officer and was pulled over. As the officer approached Defendant Nguyen, the officer smelled alcohol and an odor of marijuana.

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People v Deandre Dixon and Omouri Forrest-Edwards Sep 30, 2015

On September 24, 2015, Defendants Deandre “Lil’ D” Dixon and Omouri “Beastie” Forrest-Edwards were convicted of the March 2010 murder of Mohamed Diop. The jury set the murder degree at first degree for Dixon and second degree for Forrest-Edwards and found various firearms clauses to be true.

Both defendants, teenage members of Ghost Town’s 'P-Team' subset, broke into the victim’s home the day before the shooting and stole a hand-held safe containing a .22 caliber semi-automatic pistol. The day of the shooting, the victim confronted Defendant Dixon about the burglary and Dixon denied any involvement in the crime. As he walked away from the confrontation, Defendant Dixon told a friend of his intention to collect a gun and co-defendant Forrest-Edwards, and return to kill the victim.

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DA O’Malley Helps Launch New Initiative for Students Sep 30, 2015

On September 29, 2015, Alameda County District Attorney Nancy O'Malley joined forces with two non-profits to help launch a new initiative called '10 Deep Breaths'. The program, part of a broader Be Kind Online campaign, is designed to help students foster positive online relationships, and build digital environments based on kindness and respect.

10 Deep Breaths is an innovative new program by two Bay Area based non-profit organizations, Beyond Differences and iKeepSafe. The program encourages youth to pause before responding to negative communications online, foresee the potential ramifications of their communications, as well as to increase empathy and awareness, and decrease social isolation.

The two non-profits, along with DA O'Malley, launched the program at an interactive event with more than 100 students from Bancroft Middle School in San Leandro. As part of the presentation, the students were shown negative online comments and asked how they would respond. They were guided through a mindfulness exercise - taking 10 deep breaths - by their school counselor and she discussed how using this technique can positively affect their behaviour and decision making.


DA O'Malley presenting to the students from Bancroft Middle School in San Leandro.

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People v Spencer Freeman Smith Sep 25, 2015

On 11 September, 2015, defendant Spencer Freeman Smith pled guilty as charged to felony hit-and-run and misdemeanor vehicular manslaughter for hitting and killing a bicyclist in Dublin in 2012. On 25 September, 2015, the judge imposed the sentence of five years of felony probation, one year county jail (1 month in custody, 11 months electronic monitoring), and other standard terms of probation.

The 57-year-old victim, Bo Hu, was riding his bike along Dougherty Road late on May 15, 2012, when he was hit from behind by Defendant Smith in his car. Despite the substantial damage to the front of his car and windscreen, Defendant Smith failed to stop at the scene and continued on home. The victim died as a result of injuries sustained by being hit by Defendant Smith.

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People v Kalonji Sandre Edwards Sep 25, 2015

On September 23, 2015, a jury found Kalonji Sandre Edwards guilty of first degree residential robbery, criminal threats, and for violating a restraining Order. His accomplice, Denzel Green, pled guilty as charged on the final day of the trial.

Defendant Edwards and the victim knew each other, having previously been in a relationship together. On June 23, 2015, Defendant Edwards went to the victim's residence in Livermore around 2 AM and demanded money that the victim owed him. The victim offered a partial payment and went inside her apartment. Defendant Edwards forced his way in, and locked the door behind him. He threatened to kill the victim, and proceeded to ransack her apartment. There was a knock at the door, and Defendant Green let in his accomplice Denzel Green to the victim's apartment, and ordered him to look around for anything valuable.

Defendant Edwards and Green take the victim's ID, bank card, keys, jewelry, iPhone and other miscellaneous items. At the time of this offence, Defendant Edwards was on probation for committing acts of domestic violence against the victim and other women.

Defendant Edwards is scheduled to be sentenced on October 30. Green will also be charged for his involvement in the crimes on that date. The case was prosecuted by DDA Matt Gaidos with assistance from Victim-Witness Advocate Nicole Santos.

(Docket #H57737)

People v Damari Mathews Sep 25, 2015

On July 27, 2015, a jury found defendant Damari Mathews guilty of second degree robbery, possession of a firearm by a felon with priors and carrying a loaded firearm on one's person within a city.

On September 21, 2013, around 5:30pm, the victim went for a walk near his house in San Leandro with his three year old grandson and his dog. The victim, Guo Qiang Wu, a 61-year-old non-English speaker, walked past a vehicle with two males inside. He turned the corner and noticed the two males (one of them being Defendant Mathews) following him on foot.

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Alameda County Wins Award for HEAT Watch Anti-Trafficking Outreach Sep 24, 2015

The County of Alameda and the Alameda County District Attorney’s Office are proud to receive the 2015 Savvy Silver Circle Award for the outstanding community outreach component of the DA’s Office’s HEAT (Human Exploitation And Trafficking) Watch program.

The accolade was awarded by the City-County Communications and Marketing Association (3CMA) at their annual conference in Atlanta, GA. The HEAT Watch outreach efforts, that included an effective billboard and social media campaign, won in the category for Most Innovative.

For the past 27 years, the Savvy Awards competition has recognized outstanding local government achievements in communications, public-sector marketing and citizen-government relationships. Winning entries have demonstrated best practices in the field and have also served as the benchmark for local government communication efforts around the nation.

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DA’s Justice Academy Accepting Applications for 2016 Class Sep 21, 2015

Applications for the 2016 District Attorney’s Justice Academy are now available.

The District Attorney’s Justice Academy is a six month learning and working experience for high school juniors and seniors ages 16 and up who are interested in pursuing the study of law, justice, social justice, and the courts. The Academy is offered to students who are residents of Alameda County and attend public school in the following districts:

  • Tri-Valley: Dublin, Pleasanton, Livermore Valley.
  • Eden Area: Castro Valley, Hayward, San Leandro, San Lorenzo.
  • North County: Alameda Unified, Albany, Berkeley, Emery, Oakland, Piedmont.

To find out more about the program and download an application form, please visit our DAJA page.

Alameda County DA Host the Safe Drug Take-Back Day Sep 17, 2015

Alameda County DA’s Office Participates in Nationwide Event

WHAT:
The public is encouraged to bring any unused, unwanted and/or expired prescription or over the counter medication for free, confidential and safe disposal at the Alameda County DA's Safe Drug Take-Back Day.

WHO:
The Alameda County District Attorney’s Office, in partnership with the US Drug Enforcement Administration, is participating in National Drug Take Back Day.

The service is free and anonymous, no questions asked.

WHEN:
Saturday, September 26, 2015, from 10AM – 2PM

WHERE:

  • Alameda County Family Justice Center, 470 27th Street, Oakland, CA
  • Fremont Hall of Justice, 39439 Paseo Padre Parkway, Fremont, CA
  • Gale-Schenone Hall of Justice Courthouse, 5672 Stoneridge Drive #D, Pleasanton, CA
  • George E. McDonald Hall of Justice Courthouse, 2233 Shoreline Drive, Alameda, CA

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People v Miguel Angel Torres Sep 15, 2015

On September 10, 2015, a jury found defendant Miguel Angel Torres guilty of one count of forcible rape, five counts of forcible sexual penetration by a foreign object, one count of second degree robbery with an allegation of personal infliction of great bodily injury during the offense, and one count of sexual battery by restraint. The jury also found true Defendant Torres' prior convictions of attempted murder, assault with a deadly weapon and battery on a non-confined person by a prisoner. He was also in violation of his parole.

On May 24, 2014, at around 12:15am, a 19-year-old female college student was returning home to her apartment building in an unincorporated area of Hayward. As she walked towards her apartment, Defendant Torres (who was unknown to the victim) ran up behind her and struck her violently in the back of the head. The victim blacked out and fell to the ground. Defendant Torres jumped on top of her and used his hand to cover her mouth. He threatened her, saying “don’t scream or I’ll shoot you…..give me your purse and everything will be ok.”

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Alameda County DA Receives $835,000 Award from Manhattan DA Sep 10, 2015

Alameda County District Attorney Nancy E. O’Malley today announced that her office is the recipient of an award dedicated to the testing of backlogged and untested sexual assault forensic evidence kits (or 'SAKs'). Earlier today, Manhattan District Attorney Cyrus R. Vance, Jr., announced the award of approximately $38 million in grants to 32 jurisdictions in 20 states across the U.S. These grants are awarded to eliminate backlogs of untested SAKs. The two-year awards - ranging in amount from approximately $97,000 to $2 million - will help test an estimated 56,475 SAKs, generating DNA evidence that will help solve cases across the country.

Vice President Joe Biden and Attorney General Loretta Lynch joined District Attorney Vance to announce the recipients of the U.S. Department of Justice’s Bureau of Justice Assistance’s (BJA) separate, but complementary, $41 million Sexual Assault Kit Initiative (SAKI) Grant Program, which is expected to test nearly 13,500 kits in 20 jurisdictions. DA O'Malley and her office were strong advocates for federal funding to local law enforcement to test previously untested SAKs. DA O'Malley worked closely with Congressman Mike Honda, who serves on the Appropriations Committee in the House of Representatives, to ensure $41 million in federal funds were included in the 2014-15 federal budget.

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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.

Our Family Justice Center Celebrates a Decade Serving Victims Jul 17, 2015

On June 30, 2015, the Alameda County Family Justice Center (ACFJC) celebrated ten years helping victims of crime in Alameda County by hosting an Open House for the community. Hundreds of people came out in support of the positive role the Center has played in our community and they enjoyed a BBQ lunch and guided tours of the facilities.

The founder of the ACFJC, Alameda County District Attorney Nancy O’Malley, spoke of the inspiration behind establishing the center. “Back in 2003, I performed a needs assessment of the services available to, for example, a female victim of domestic violence with two children in Alameda County. I found that she would potentially need to visit over 25 different sites to access all the services that she required for herself and her family,” DA O’Malley said.

“This status quo was further victimizing these victims. So I decided to change this by establishing a center that housed an abundance of allied health, legal, psychological and other support services in one, easily accessed location. And in 2005, the Alameda County Family Justice Center became a reality, making it much easier for victims of crime to seek the help they need,” said DA O’Malley.

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People v Christian Birdsall-Hernandez Jul 14, 2015

On July 14, 2015, a jury convicted Christian Birdsall (aka Christian Birdsall-Hernandez) of the first degree murder of 58-year-old Barbara Latiolais and found true special circumstances that Birdsall committed the murder while lying in wait, committing burglary, and committing robbery. The jury additionally convicted Birdsall of arson.

On October 17, 2012, Birdsall waited outside the victim’s Castro Valley home for nearly 7 hours before crawling underneath the home and devising a plan to choke the victim to death by surprise. Birdsall knew the victim would be home alone as he had performed house-work for the victim which is how he was familiar with the home and the valuables inside.

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People v Daniela Guzman Jul 10, 2015

On June 30, 2015, a jury found defendant Daniela Guzman guilty of second degree murder and conspiracy to commit assault, along with gang enhancements for both charges. Previously, defendant Guzman’s brother, Rafael Tovar, and friend Daniel Lloyd Howard were convicted of murder for their role in this crime.

In September 2010, defendant Guzman invited victim Justice Afoa and his friend Anthony to a party at her family home. Defendant Guzman had previously dated Anthony, but the relationship ended poorly and Guzman’s brother (Rafael Tovar) was angry at Anthony. A fight ensued and Tovar was badly beaten. Over the next few months, Tovar conspired to murder the victim.

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People v Karl George Sanft Jul 7, 2015

On June 30, 2015, the Honorable Judge Joseph Hurley found defendant Karl George Sanft guilty of two counts of first degree murder and the special circumstances of multiple murder and robbery to be true. Judge Hurley further found the defendant to be sane at the time of the commission of the crimes.

Shortly after 3AM on February 2, 2010, defendant Sanft was under the influence of methamphetamine and violently robbed the Manheim Auto Auction in Hayward by ramming the gate. Unarmed security guard Angelito Erasquin fled in fear but defendant Sanft chased him down and stabbed him 28 times, killing him. Defendant Sanft then stole the victim's phone, watch, and wallet before and stealing a car from the Auction's lot.

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People v Jahmari Selvam Butler Jul 6, 2015

On June 29, 2015, a jury convicted Jahmari Selvam Butler of armed carjacking, robbery, evading the police, and being in possession of a stolen car.

On July 24, 2013, at around 2am, the victim was sitting double-parked with his hazard lights on waiting for his friend near Lake Merritt. He was approached by 3 to 4 males, including Defendant Jahmari Butler. One of the suspects pointed a gun at the victim and ordered him out of the car. The victim complied and the defendant and the suspects fled in the victim's car.

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People v Jahton Green Jun 30, 2015

On June 23, 2015, a jury found defendant Jahton Green guilty of two counts of robbery, with an enhancement for inflicting Great Bodily Injury, and one count of elder abuse.

On August 22, 2013, defendant Green brutally beat two elderly men in separate robberies. Both victims were walking alone on the street in Berkeley when defendant Green, without any warning, physically assaulted them with his hands and fists, before taking their property and fleeing the scene.

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People v Paul Booker Jun 30, 2015

On June 22, 2015, a jury found defendant Paul Booker guilty of second degree murder with an enhancement for the personal and intentional discharge of a firearm causing death.

On July 9, 2013, defendant Booker was socializing with a group of friends on the front lawn at a home on 88th Ave in Oakland. Victim Steven Cotton walked by the home and noticed defendant Booker, with whom he had a previous issue.

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People v Christopher Edward Moss Jun 26, 2015

On June 17, 2015, a jury convicted Christopher Edward Moss of kidnapping for the purposes of robbery and rape, and a series of robberies, burglaries, and sexual assaults, along with firearm enhancements.

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DA Opens Formal Investigation into Balcony Collapse Jun 25, 2015


Alameda County District Attorney Nancy E. O’Malley today announced her office has opened a formal investigation into the residential balcony collapse in Berkeley last week that claimed the lives of six young people and left seven others with serious injuries.

Below is the full press conference that took place at 11am on June 25, 2015, at the District Attorney’s Office.

DA’s Office Carries the Flame of Hope in Special Olympics Torch Run Jun 24, 2015

On Tuesday, June 23, employees from the Alameda County District Attorney’s Office participated in the annual Law Enforcement Torch Run to raise awareness and money for Special Olympics of Northern California.

The DA’s Office team accepted the ‘Flame of Hope’ torch from Alameda Police Department, taking it on a four-and-a-half mile course through Alameda and into Oakland. At the end of their route, the team passed the Flame of Hope to representatives from the Oakland Police Department outside their headquarters on 7th Street.


The DA's Office Torch Run team with District Attorney Nancy O'Malley, Chief Assistant Kevin Dunleavy and Chief of Inspectors Robert Chenault.

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People v Darren Andre Cleveland Jun 11, 2015

On June 10, 2015, defendant Darren Andre Cleveland was found guilty of willful, deliberate, premeditated attempted murder with an enhancement for discharging a firearm and causing great bodily injury, shooting from a vehicle with an enhancement for causing great bodily injury, assault with a deadly weapon, and possession of a firearm by a felon.

The 16-year-old victim had recently been expelled from school for beating up defendant Cleveland’s 15-year-old son. Defendant Cleveland spent a number of weeks hunting down the victim, and eventually located him walking to the REACH center in San Leandro.

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June is Elder Abuse Awareness Month Jun 4, 2015

June 2015 is recognized as Elder Abuse Awareness month and the dedicated members of our Elder Abuse Unit have been working hard to increase awareness in the community of the unique challenges facing our elderly and dependent adult population.

The DA's Office has partnered with all 14 incorporated cities as well as with the Alameda County Board of Supervisors to issue proclamations in support of this good cause. Recently, members of our Elder Abuse Unit accepted the proclamation from Alameda County Supervisor Wilma Chan. The proclamation designated June as Elder Abuse Awareness month and acknowledged the DA's Office for all the work we do in serving elderly and dependent adult victims of crime.


Members of the DA's Office Elder Abuse Unit along with a representative from Adult Protective Services (APS) accept the proclamation from Alameda County Supervisor Wilma Chan.

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People v Marquise Lamar Thompson Jun 2, 2015

On June 1, 2015, a jury convicted Marquise Lamar Thompson (aka Marquise Thomas) of first degree murder and premeditated attempted murder. In early March, Thomas’ co-defendants Vijay Bhushan and Lilron Ravon Jones were convicted of first degree murder and attempted murder with firearm enhancements.

On December 30, 2012, defendants Thompson, Bhushan and Jones were alerted to the location of a person they believed was responsible for the murder of a friend, Hadari Askari. They set off from a house in East Oakland in search of their target, ‘Mo-Mo’. They found Mo-Mo speaking with a group of girls and a six-month-old baby in the apartment complexes known as the 69th Avenue Village.

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People v Anthony Cortez McCune May 29, 2015

One May 26, 2015, a jury convicted defendant Anthony Cortez McCune of first degree burglary and causing corporal injury to a child’s parent, both felonies. Defendant McCune was on probation for misdemeanor domestic violence incident against the same victim, a case that was also decided by a jury verdict and prosecuted by the Alameda County District Attorney’s Office.

On January 10, 2014, at around 11:40 PM, the victim was inside her apartment in San Lorenzo with her two sons, aged 6 and 9, and her mother. She heard a banging on the door and she could hear Defendant McCune, the father of the two children, yelling at her to open the door but she refused. She identified Defendant McCune through the peephole of the door, and Defendant McCune kicked in the door.

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DA’s Office Successfully Resolves Homeowner Bill of Rights Case May 28, 2015

OAKLAND – In 2013, the California Legislature enacted the Homeowner Bill of Rights to protect homeowners from unfair and illegal foreclosures by banks. In one of the first cases of active enforcement this Bill of Rights by a law enforcement agency, the Alameda County District Attorney’s Office has successfully obtained an injunction against Central Mortgage for engaging in business practices that contravene these rights.

The DA’s case against the Arkansas-based Central Mortgage demonstrated the company sent letters to distressed homeowners, steering them toward the short sale of their homes as opposed to other forms of mortgage debt relief, such as a loan modification.

Without admitting liability, Central Mortgage agreed to an injunction to refrain from sending homeowners letters highlighting, bolding, or displaying in a larger font any information, such as the words “short sale”. Central Mortgage also agreed to pay a civil penalty of $75,000 that will be used to investigate and prosecute future consumer protection actions by the Alameda County District Attorney’s Office.

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Alameda County Safe Drug Disposal Ordinance Making Headlines May 27, 2015

The final hurdle facing the Alameda County Safe Drug Disposal Ordinance was yesterday overcome when the United States Supreme Court refusing to hear the challenge brought by the pharmaceutical industry against the County without comment. This affirms the 9th Circuit Federal Court of Appeals decision upholding the US District Court’s decision in favor of Alameda County’s Safe Drug Disposal Ordinance.

Alameda County District Attorney Nancy O'Malley was proud to stand with Alameda County leaders including Supervisor Nate Miley, County Council Donna Ziegler and others in support of the County's Safe Drug Disposal Ordinance at a press conference yesterday afternoon.

L-R: Alameda County Supervisor Wilma Chan, Alameda County DA Nancy O'Malley, Alameda County Counsel Donna Ziegler, and Alameda County Supervisor Nate Miley

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ACFJC Commended by DOJ for Helping & Protecting Women and Children May 22, 2015

Recently, a delegation from the Department of Justice - Office of Violence Against Women visited the Alameda County Family Justice Center (ACFJC) to acknowledge and commend the considerable inroads the ACFJC has made in coordinating the response to violence against women in our region. The visit was honor of the 20th Anniversary of the Violence Against Women Act and part of a national tour of outstanding facilities making a difference in the lives of women.

The group, led by Principal Deputy Director Bea Hanson, saw first-hand why the ACFJC is a model for excellence for centers around the nation. Alameda County District Attorney Nancy O’Malley and ACFJC Executive Director Cherri Allison led the delegation on a tour of the ACFJC facility, introducing our service partners and demonstrating the specific ways in which we serve victims of crime.


L-R: ACFJC Executive Director Cherri Allison, DA Nancy O'Malley, DOJ-OVW Principal Deputy Director Bea Hanson, DOJ-OVW Confidential Assistant Carla Bernal, DOJ-OVW Deputy for Policy Rosie Hidalgo.

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DA O’Malley Announces Charges Filed in Death of Mother and Child in Livermore May 21, 2015

OAKLAND, CA – Alameda County District Attorney Nancy E. O’Malley announced today that Brian Zachary Jones, age 35, has been charged with two counts of murder and two counts of felony driving under the influence of alcohol causing injury. The complaint includes multiple victim clauses as well as excessive speed clauses.

On May 2, 2015, defendant Jones, while under the influence of alcohol, drove his car at speeds ranging from 75 mph to 99 mph through residential streets of Livermore, CA. At 6:50 pm, the defendant failed to negotiate a turn in the 900 block of Murrieta Blvd. and left the roadway. Defendant Jones struck and killed Esperanza Morales and her 14-month-old daughter Yulida as they walked on a pathway before slamming into the rear of a relative’s apartment. The incident also resulted in serious injury to two children, ages 6 and 7, who were playing in the rear patio area of the apartment at the time.

The Livermore Police Department and the California Highway Patrol conducted a thorough and intensive traffic collision investigation that includes accident reconstruction, blood-alcohol testing and the examination of the event data recorder removed from the wreckage of the defendant’s car. Defendant Jones’ blood alcohol content was determined to be 0.14 percent.

“Esperanza Morales and her baby daughter lost their lives while visiting family in Livermore. A joyous occasion turned into a nightmare that has devastated a family and stunned the community,” states D.A. O’Malley. “My Office will ensure that justice is served and that Brian Jones is held accountable for his actions.”

The defendant was arrested without incident at approximately 4:00 this afternoon at a home in Fremont by Livermore Police.

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Randy Alana Guilty of First Degree Murder May 20, 2015

OAKLAND, CA – Alameda County District Attorney Nancy E. O’Malley announced today that a jury found defendant Randy Alana, age 58, guilty of first degree murder for the killing of Sandra Coke. He was also convicted of second degree robbery, unlawful taking of a vehicle, and two counts of grand theft.

The trial, in which 84 witnesses were called to testify, lasted in excess of two months. The jury took less than three hours to reach the verdict of guilty on all five counts.

“Randy Alana brutally murdered Sandra Coke, and with today’s verdict her friends and family as well as the community know that justice has been served,” said DA O’Malley. “We sincerely hope that after today’s guilty verdict Ms. Coke’s family will be able to begin the long process of healing.”

Defendant Randy Alana and the victim, Sandra Coke, an inspector with the Federal Public Defender’s Office, were in a dating relationship off-and-on for 20 years. On the evening of August 4, 2013, Ms. Coke left her Oakland home and disappeared. An intense search ensued. Officers from the Oakland Police Department, inspectors from the Alameda County DA’s Office and other agencies worked around the clock to locate Ms. Coke. On August 9, 2013, Sandra Coke’s body was discovered in a dry creek bed below Cherry Glen Road in Vacaville, CA.

The coroner testified at trial that the cause of Ms. Coke’s death was asphyxiation due to strangulation.

Deputy District Attorney Colleen McMahon prosecuted the case with assistance from DA Inspector Jad Jadallah and Victim-Witness Advocate Kelli Sage.

“I am deeply gratified by today’s guilty verdict, and I commend the members of the jury for their diligence and focus,” DDA Colleen McMahon said.

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People v Janet Lynn Holmberg May 14, 2015

On May 12, 2015, a jury convicted Janet Lynn Holmberg of one count of felony reckless driving with serious injury including an enhancement for causing great bodily injury, as well as misdemeanor hit-and-run.

At about 6:30pm on July 5, 2013, defendant Janet Lynn Holmberg was driving her SUV westbound on Hampton Road in Hayward. She ran up over the curb and onto the sidewalk, hit a 'no parking' sign, then briefly stopped. Defendant Holmberg rapidly accelerated away, and in the process, failed to observe a stop sign. Without any warning, she swerved, colliding head-on into another vehicle traveling in the opposite direction. A passenger in the hit vehicle, a boy of 2-1/2 years old, was transported to the Children's Hospital in Oakland. He was diagnosed with fractures in both of his femur bones.

Defendant Janet Lynn Holmberg is due to be sentenced on June 26. The case was prosecuted by DDA Matt Gaidos with assistance from Victim-Witness Consultant Nadia Bueno.

DA’s Office Celebrates 2015 Bike to Work Day May 14, 2015

Today, some of our staff at the Alameda County District Attorney's Office opted for a two-wheel commute in celebration of the Bay Area's Bike to Work Day 2015.

The DA's Office is a proud member of Alameda County's Sustainability Committee and embracing the Bike to Work initiative is just one of the ways in which we are committed to reducing our footprint and improving the health of our employees.

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DA’s Office Collaborates on Statewide Campus Sexual Assault MOU May 13, 2015

Representatives from the Alameda County DA's Office worked on the groundbreaking Memorandum of Understanding

The Alameda County District Attorney's Office partnered with the California Attorney General Kamala D. Harris, University of California Office of the President, San Bernardino District Attorney’s Office, San Francisco Police Department and Oxnard Police Department to develop a Memorandum of Understanding (MOU) addressing the issue of sexual assault on campus.

The MOU includes a How-To Guide and Template MOU for higher educational institutions and law enforcement agencies to improve their coordination, collaboration and transparency in response to cases of campus sexual assault.

Alameda County District Attorney Nancy E. O’Malley, a national leader in the prosecution of sexual assault, said, “The work we have undertaken will forever impact the way California’s universities and colleges address sexual assaults on campus.

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Call for 2015 Earl Warren Fellowships May 13, 2015

Are you a recent college graduate?

Are you interested in pursuing a career in the field of law?

Why not apply for our prestigious 2015 Earl Warren Fellowship!

The Earl Warren Fellowship was established in honor of Earl Warren's commitment to professionalism, integrity and fairness. Our hope is that graduates of this paid Fellowship continue on to study law at university and will serve the field of law with those same virtues.

For more information on how to apply for the Alameda County District Attorney's 2015 Earl Warren Fellowship, please visit our information page.

PSA: How the DA’s Office Helps Victims of Crime May 11, 2015

As part of Crime Victims' Awareness Week, the Alameda County DA's Office produced a public service announcement (PSA) demonstrating some of the ways in which the dedicated staff in our Victim-Witness Assistance Division can help if you have been a victim of crime.

Our Victim-Witness Consultants act as the link between a victim and the DA's Office, and are trained to provide victims with support and resources to help them throughout and beyond the criminal justice process.

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DA O’Malley Announces $11.5 Million Settlement with Phillips 66 & ConocoPhillips May 7, 2015

Alameda County District Attorney Nancy E. O’Malley Announces $11.5 Million Settlement with Phillips 66 and ConocoPhillips for Underground Gas Tank Violations

Oakland, CA -- Alameda County District Attorney Nancy E. O’Malley today announced an $11.5 million settlement with Phillips 66 and ConocoPhillips. The settlement resolves law enforcement allegations that the companies violated state laws governing the proper operation and maintenance of underground storage tanks used to store gasoline at retail gas stations. The companies failed to comply with hazardous materials and hazardous waste laws at over 560 gasoline stations owned or operated by the companies in the state of California.

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HEAT Watch Community Initiatives Receive Prestigious Award May 6, 2015

On May 5, 2015, the District Attorney's Office was presented with the California State Association of Counties (CSAC) Merit Award for our the innovative and effective community initiatives of H.E.A.T. Watch. Our H.E.A.T. (Human Exploitation And Trafficking) Watch Community Initiatives serve to educate and engage the public, as well as reach and save victims who are currently being trafficked.

The initiatives included our successful 2014 and 2015 billboard campaigns, engagement and discussion with the community on social media about the issues surrounding human trafficking, the successful passage of Senate Bill 1193 and the accompanying web application to track signage compliance.

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People v Dominic Daniel Apr 30, 2015

On April 29, 2015, a jury found defendant Dominic Daniel guilty of the second degree murder of 33-year-old Tsega Tsegay.

In the early morning hours of July 31, 2012, defendant Dominic Daniel and his girlfriend of four years, victim Tsega Tsegay, were drinking alcohol by Lake Merritt. Defendant Daniel had a history of domestic violence against the victim and had just recently been released from custody for a prior assault against her.

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People v Charles Edward Luckett Apr 29, 2015

On April 20, 2015, a jury found defendant Charles Edward Luckett guilty of murder with special circumstances for the 1993 killing of Anthoney Vaughn.

On July 16, 1993, defendant Charles Edward Luckett and a second suspect went into the Sizzler restaurant, located on the corner of Telegraph Avenue and 27th Street in Oakland. The restaurant was closed, although some remaining customers were finishing up up their meals.

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Dollar Tree Stores to Pay $2.72 Million Settlement for Environmental Violations Apr 24, 2015

Dollar Tree Illegally Disposed of Hazardous Wastes at its Retail Stores and Distribution Centers

Oakland, CA – Alameda County District Attorney Nancy E. O’Malley, together with 45 other California District Attorneys and 2 City Attorneys, announced today that Alameda County Superior Court Judge Morris Jacobson has ordered Virginia corporation Dollar Tree Stores, Inc. to pay $2,720,000 in civil penalties, costs, and supplemental environmental projects. Dollar Tree Stores is also ordered to implement an improved hazardous waste compliance program at its retail stores and distribution centers in California.

The judgment is the result of an investigation into Dollar Tree Stores’ unlawful disposal into store trash bins of hazardous waste products. Ignitable and corrosive liquids, toxic materials, batteries, electronic devices and other e-waste, and other hazardous waste generated by circumstances including spills and damage, were illegally handled and disposed of at each of its stores and distribution centers, over 480 facilities in California. Instead of being transported to authorized hazardous waste facilities, the waste was illegally transported to local landfills not permitted to accept the waste.


Dollar Tree Stores, Inc, ordered to pay $2.72M in civil penalties, costs and supplemental environmental projects.

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DA O’Malley Announces $30K Settlement with C&F Foods, Inc. Apr 24, 2015

OAKLAND, CA - Alameda County District Attorney Nancy O’Malley today announced that C&F Foods, Inc., a food distributor and packager, entered into a stipulated judgment to resolve labeling and slack-fill packaging violations in “Sunny Select” brand instant rice products. The Sonoma County District Attorney’s Office also joined in bringing this consumer protection action.

The complaint involved Sunny Select instant rice products packaged by C&F Foods and sold in certain retail stores throughout California until July 2012.

Staff from the Alameda County District Attorney's Office volunteering at the Alameda County Community Food Bank, March 2015.

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DA’s Office Launches Designated Friend Initiative at Victims’ Rights Week Forum Apr 20, 2015

Today representatives from the Alameda County DA's Office and the Alameda County Family Justice Center hosted a community forum at Cal State East Bay, focusing on sexual assault on campus.

Speaking at the event were the head of the DA's Office Sexual Assault Unit, Assistant District Attorney Joni Leventis, Criminal Justice Administration Department Chair Dr. Dawna Komorosky, and Title IX Coordinator Terri Labeaux.

"Sexual assault, wherever it occurs, is one of the most devastating crimes a victim can suffer, and based on that, these offences are amongst the most important that we prosecute," said ADA Leventis.

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DA’s Office to Host Victims’ Rights Week Forums April 19-25 Apr 13, 2015

In recognition of 2015 National Crime Victims’ Rights Week, District Attorney Nancy E. O’Malley and the Alameda County DA’s Office will be hosting a series of community forums around the county.

These forums will provide residents with an opportunity to learn about their rights, the resources available to them should their lives be impacted by crime, honor those impacted by crime and to raise awareness of the numerous roles the DA’s Office plays in our communities.

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People v Israel Gonzalez Mendez Apr 3, 2015

On April 2, 2015, Israel Gonzalez Mendez was sentenced after pleading no contest to forcible rape and two counts of forcible oral copulation.

On October 9, 2006, at approximately 9:30 p.m., the victim was walking alone to a taco truck located on International Blvd. in Oakland. While the victim was in the immediate vicinity of the taco truck, defendant Mendez pulled up in a car, held a knife to her side and forced her into his car. Defendant Mendez drove the victim to an isolated location where he raped her and forced her to orally copulate him while he held a knife to her throat and intermittently choked her during the assault. When defendant Mendez got out of the car to put his clothes on, the victim got out of the car and ran off to get help. A passing motorist picked up the victim and took her to Highland Hospital where she underwent a sexual assault exam and gave a written statement to police.

Defendant Mendez was identified by a DNA hit following his conviction of two counts of forcible rape in San Francisco County. He is currently serving 9 years in state prison for the San Francisco convictions. Upon completion of that sentence, defendant Mendez will start his sentence of 19 years for this rape and sexual assault. Defendant Mendez will also register as a sexual offender for his lifetime.

The case was prosecuted by DDA Erin Kingsbury.

People v Jacob James Kober Mar 23, 2015

On March 23, 2015, a judge sentenced defendant Jacob James Kober to 80 years to Life in prison for the murder of Kenneth Robert Ogden in 2012.

Defendant Kober sold methamphetamine out of his rented room in a house that backed onto a golf course in Livermore. Victim Ogden was a friend of defendant Kober, and owed Kober $400. In the afternoon of December 28, 2012, defendant Kober called the victim and asked to meet with him to discuss the money owed to him. The victim had told friends that he feared defendant Kober would shoot him. The victim eventually arrived at Kober’s home just before 9pm, and witnesses saw the two men leave the house and walk towards the golf course before hearing gunshots. Defendant Kober returned alone fifteen minutes later.

The following morning, the victim was was found face down on the 4th hole by a jogger. He had been shot twice, one bullet piercing the liver and heart and the second shot through his left arm. Defendant Kober fled to Oregon, where he was arrested and extradited to California to be tried for the murder of Mr Ogden.

The case was prosecuted by DDA Matt Gaidos.

People v Isaiah Nolan Washington & Tiara Channelle Arnold Mar 18, 2015

On March 17, 2015, a jury convicted defendants Isaiah Nolan Washington and his girlfriend Tiara Channelle Arnold of two counts of first degree murder with special circumstances for the killings of 18-year old high school students, Carlos Buenrostro and Rafael Avila. The couple was also convicted for the attempted murder of Jocelyn Medellin. Additionally, defendant Washington was convicted for being in possession of a firearm with a prior felony conviction.

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Four Convicted in Violent Human Trafficking and Sexual Assault Case Mar 17, 2015

Four co-defendants in a violent human trafficking and sexual assault case pled no contest and have been found guilty of multiple crimes. After months of investigation by the Oakland Police Department and the Alameda County District Attorney’s Office, four men were charged with the trafficking and sexual assaults of four teenage girls, ages 13 through 17, in Oakland.

Defendant Isaiah Seymour was charged with trafficking three different teens along with 15 counts of sexual assault-related offenses. Defendant Gary Holt was charged with trafficking another teenage girl, along with 6 sexual assault-related offenses pertaining to two of the victims. Defendant Delvahn Mosley Davis was charged with 15 sexual assault-related offenses pertaining to three of the teenage victims. Defendant Matt Brito was charged with 12 sexual assault-related offenses pertaining to one of the victims. All four men entered pleas during the course of the preliminary hearing, which took place in the first two weeks of March 2015.

All of the victims showed tremendous bravery in coming forward and cooperating in this prosecution.

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Mortgage Relief Scammer Receives 24 Years Prison Sentence Mar 10, 2015

The Alameda County DA's Office assisted with an investigation into a mortgage fraud operation that resulted in defendant Alan David Tikal receiving a sentence of 24 years in prison.

Tikal was successfully convicted of 11 counts of mail fraud and one count of money laundering in a joint prosecution by the United States Attorney’s Office for the Eastern District of California and the California Attorney General’s Office. The Alameda County DA's Office, along with Stanislaus County DA's Office, assisted the Special Inspector General for the Trouble Asset Relief Program (SIGTARP) and the Attorney General's Mortgage Fraud Strike Force investigation.

Previously, the Alameda County District Attorney's Office prosecuted Tikal for for felony mortgage securities fraud and filing false documents in 2011-2012. For a number of years, Tikal operated 'KATN Trust' and targeted vulnerable, non-English speaking homeowners looking for mortgage assistance in the wake of the financial crisis. In Alameda County, He was sentenced to 16 months state prison and also ordered to pay restitution to the 11 homeowners victimized by this scam.

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ALCO Iron & Metal Agree to Settlement Mar 5, 2015

Oakland, CA -- Alameda County District Attorney Nancy O’Malley announced today that ALCO Iron & Metal, a metal recycling company headquartered in San Leandro, CA, entered into a civil settlement with her office to resolve allegations that it had underpaid for recycled aluminum.

The District Attorney’s investigation began in mid-2014, when a customer reported that ALCO employees had been underreporting the weight of recycled aluminum that was being processed through ALCO’s industrial truck scale in San Leandro. It was later determined that there were numerous instances involving the same customer in which underweighing had occurred.

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People v Vijay Bhushan and Lilron Jones Mar 4, 2015

On March 2, 2015, a jury convicted Vijay Bhushan and Lilron Ravon Jones of first degree murder and attempted murder with firearm enhancements. A third defendant, Marquise Lamar Thompson, was tried separately for his role in the murder.

On December 30, 2012, at approximately 3:30 pm, four teenage girls and a six month old baby were on their way to Bayfair Mall. They walked through the apartment complexes known as the 69th Avenue Village. One of the girls recognized a boy hanging out in the courtyard. This boy and his friend came over to the girls to talk to them.

Meanwhile, defendant Jones and another gunman walked up to the group and opened fire. Defendant Bhushan was the getaway driver for defendant Jones and the other gunman. One of the girls, 15-year-old Jubrille Jordan, was shot in the back of the head and pronounced dead at the scene. One of the boys, Wyonye Bordley, 14-year-old at the time, was shot in the leg.

On July 10, 2015, defendant Lilron Ravon Jones was sentenced to 114 years to life in prison, defendant Vijay Bhushan was sentenced to 34 to life and Marquise Thompson to 32 years to life. The case was prosecuted by DDA Glenn Kim with assistance from DA Inspector Gus Galindo and Stephanie Lynch.

Using New Technology to Assist in Processing Backlog of DNA Kits Feb 27, 2015

District Attorney Nancy O'Malley is continuing to champion the use of new technologies to assist in processing the backlog of DNA kits in Alameda County.

The new RapidHIT machine, recently acquired by the Alameda County Sheriff's Department, is just one of the new technologies that can help us to process the backlog of DNA kits in this county, as well as perform contemporaneous investigations of in-custody suspects. The machine can process a full DNA profile from a kit in under two hours, which would usually take weeks or month if it were sent to a state lab.

DA O'Malley said, “We can’t spend the next 20 years testing kits of sexual assault crimes that happened 10 years ago. We need to do it now and we need to do it efficiently; we need to utilize all the technology that’s available to us so that we can bring justice to victims who have been sexually assaulted and to those whose cases have never been solved.

"We can get people out of jail or prison who have been wrongly convicted, and we can continue to keep our community safe," O'Malley said.

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People v Jacob James Kober Feb 24, 2015

On February 23, 2015, a jury convicted Jacob James Kober of first degree murder and an enhancement for use of a firearm for the killing of Robert Ogden on December 28, 2012.

Defendant Kober and the victim were longtime friends. Late in 2012, they had a falling out over the victim owing the defendant money, and also about Kober's belief that the victim had tried to kiss the defendant’s girlfriend.

On the night of December 28th, 2012 the victim came to talk things over with Kober near the Springtown Golf Course, in Livermore. Kober and the victim walked out onto the golf course and the victim was found dead the next morning, shot once in the left arm and once in the right side.

The defendant fled to Oakland and then to Oregon where he was arrested and extradited back to California. While in Oregon, Kober sent threatening text messages to some of the witnesses.

The case was prosecuted by DDA Matt Gaidos.

People v Michael Eugene Wyatt Feb 20, 2015

On February 19, 2015, a jury convicted Michael Eugene Wyatt of first degree murder and an enhancement for the use of a deadly weapon for the killing of James Nobles in February 2012.

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People v Alpesh Babubhai Patel Feb 20, 2015

On February 18, 2015, a jury convicted Alpesh Babubhai Patel of three counts of battery.

On March 2nd, 2014, defendant Patel came to the home of the Amin family, looking for his ex-wife and children. When Mrs Amin opened the door, Patel immediately stepped inside the home and made a derogatory comment to Mr Amin. Patel was asked to leave and pushed Mrs Amin to the ground. As Mr Amin tried to remove Patel from their home, Mr Amin’s father was pushed to the ground by Patel.

Once outside the house, defendant Patel punched Mr Amin over ten times in the face, causing bruising to his face and blood in his eye. Mrs Amin tried to stop defendant Patel from hitting her husband by hitting him with a tennis shoe, and he retaliated by punching her in the face. Defendant Patel was eventually pulled away by a third party and fled the scene.

The case was prosecuted by DDA Ashley Dodson.

DA O’Malley Receives the 2015 Irvine Foundation Leadership Award Feb 15, 2015

In a recent ceremony in Sacramento, Alameda County District Attorney Nancy O’Malley was honored as a recipient of the 2015 Irvine Foundation Leadership Award. This award recognized DA O’Malley’s innovative and effective solutions used in the fight to end human trafficking and child sex trafficking in the Bay Area and beyond.

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Multiple Felony Convictions in Wage Theft Prosecutions Feb 9, 2015

Local Electrical Contractor to Pay over $350,000 in Restitution

OAKLAND, CA -- Today, Alameda County District Attorney Nancy E. O'Malley announced that her office has secured eight felony convictions against licensed electrical contractor Calvin Harris (Harris Electric) for failing to pay his employees the prevailing wage and for filing false documents to hide his illegal conduct. The violations of the law occurred over the course of four years. Calvin Harris/Harris Construction entered into contracts with government entities which required the employees to be paid the prevailing wage for their work. The law also required Harris to report, under penalty of perjury, that he and his company were paying prevailing wages to the workers on the construction sites. In both areas, Harris violated California law.

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DA O’Malley Recieves 2015 Irvine Foundation Award Feb 5, 2015

Alameda County DA Nancy O'Malley Receives James Irvine Foundation Leadership Award for Work to End Child Sex Trafficking

Sacramento, CA - Today, the James Irvine Foundation will honor five recipients of the 2015 James Irvine Foundation Leadership Awards at a luncheon in Sacramento. The awards recognize innovative leaders advancing breakthrough solutions to critical issues facing California. Each recipient’s organization is awarded $200,000 to advance his or her work, along with additional support. This year’s recipients are working in the areas of employment, early education, corrections and youth well-being.

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People v John Richard Kannon Feb 5, 2015

On February 5, 2015, a jury convicted John Richard Kannon of attempted rape of unconscious woman and assault with intent to commit rape of unconscious woman. The victim met the defendant at a concert on May 9, 2014.

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People v Nathaniel Joseph Cook Feb 3, 2015

On February 3, 2015, Nathaniel Joseph Cook was convicted by a jury of all charges filed against him: attempted murder of a peace officer with personal and intentional discharge of a firearm causing great bodily injury (GBI); assault on a peace officer with a semi-automatic firearm with personal and intentional discharge causing GBI; shooting at an occupied vehicle with personal and intentional discharge causing GBI; attempted murder of a civilian with personal and intentional discharge; second degree robbery with personal and intentional discharge; and drawing/exhibiting a firearm.

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People v Cody Michael Nicosia Feb 2, 2015

On February 2, 2015, a jury convicted Cody Michael Nicosia of the first degree murder of 58-year-old Barbara Latiolais and found true special circumstances that Nicosia committed the murder while lying in wait, committing burglary, and committing robbery. The jury additionally convicted Nicosia of arson.

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DA O’Malley recognized on Capitol Hill Jan 28, 2015

United States Congressional Record: Congressman Eric Swalwell recognizes District Attorney Nancy E. O’Malley and the work of the Human Exploitation and Trafficking Unit.

Read the complete Congressional Record (pdf).

Public Awareness Billboard Campaign Jan 9, 2015

Massive Billboard Campaign Combatting Human Exploitation
& Trafficking of Children Unveiled

Oakland, CA—Today, Alameda County District Attorney Nancy E. O’Malley introduced 2015’s public awareness campaign that directly confronts the epidemic of human trafficking and the sexual exploitation of children. DA O’Malley unveiled billboards and bus shelter posters that are visible throughout the county of Alameda and the greater Bay Area. This campaign, timed to coincide with National Human Trafficking Awareness Month, marks the second consecutive year in which a billboard campaign raises awareness of the commercial sexual exploitation of children in the county and offers help to those same children.

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People v Damonte Davon Starks Jan 7, 2015

On January 7, 2015, a jury convicted Damonte Davon Starks of first degree murder and shooting from a motor vehicle in the killing of 19 year old William Ward.

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Safeway Inc. to Pay $9.87 Million Jan 5, 2015

Safeway Inc. to Pay $9.87 Million Settlement for Environmental Violations

Stores Illegally Dumped Hazardous Wastes and Confidential Customer Medical Information

District Attorney Nancy E. O’Malley, together with 42 other California District Attorneys and two city attorneys, announced today that Alameda County Superior Court Judge Wynne S. Carvill has ordered the Pleasanton-based Safeway Inc. to pay $9.87 million as part of a settlement of a civil environmental prosecution.

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