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

Meet DA Nancy E. O'Malley

2017

Felony Charges in Deadly Warehouse Fire Jun 5, 2017

District Attorney O’Malley Announces Felony Charges Filed against Almena and Harris for their Role in Deadly Warehouse Fire

OAKLAND, CA – Alameda County District Attorney Nancy E. O’Malley today announced that her office has filed felony criminal charges against Derick Ion Almena and Max Harris in connection with the deadly warehouse fire on December 2, 2016, which took the lives of 36 men and women. Both Almena and Harris are charged with 36 counts of involuntary manslaughter, a felony violation of California Penal Code Section 192(b).

Continue reading

People v Andre Poole May 30, 2017

On May 11, 2017, a jury found Defendant Andre Poole guilty of first degree murder. The jury found the special circumstance that the murder occurred while the defendant was in the commission of a robbery and also found Defendant Poole guilty of attempted voluntary manslaughter and being a felon in possession of a firearm.

Continue reading

People v Mykolay Jimmy McGowan May 22, 2017

On May 4, 2017, a jury found Defendant Mykolay Jimmy McGowan guilty of two counts of attempted murder with the use of a firearm and great bodily injury, one count of attempted murder with great bodily injury, assault with semi-automatic firearm, and possession of a firearm by a prohibited person.

Continue reading

Elder Abuse Awareness Month May 3, 2017

Join the effort to end elder abuse.

City councils will be making proclamations on the following days to mark June as Elder Abuse Awareness Month. Visit our Victim-Witness section to learn more about Elder Abuse Prevention Month and the various events throughout the county.

DA Nancy O’Malley Announces One Goh Guilty in Oikos University Shooting May 2, 2017

OAKLAND, CA – Alameda County District Attorney Nancy E. O’Malley announced today that One Goh, the defendant in the 2012 Oikos University mass shooting, has entered a plea of no contest and was found guilty, as charged, of seven counts of murder with special circumstances and three counts of attempted premeditated murder. He also admitted as true all alleged enhancements. The defendant will be sentenced to seven consecutive terms of life in prison without the possibility of parole, plus 271 years to life in prison.

Background:

One April 2, 2012, Defendant Goh armed himself with a .45 caliber firearm and three loaded magazines, and entered Oikos University in Oakland, CA, an institution where he had previously been enrolled as a student. Once inside, the defendant took the receptionist at gunpoint into his former classroom. Once in the classroom, he embarked upon a shooting rampage, killing seven individuals, and attempting to kill three more before fleeing from the school. He was arrested a short time later in the city of Alameda.

Continue reading

People v Shawn Kimani Martin Apr 28, 2017

On April 11, 2017, a jury found Defendant Shawn Kimani Martin guilty as charged of second degree murder, possession of a firearm by a felon, and shooting at an occupied motor vehicle.

Around 9:34pm on April 23, 2014, victim Melissa Martinez walked out of her home in East Oakland, on her way to meet her cousin. As she was getting into her car, Defendant Shawn Martin shot her twice in the head. After hearing the gunshots, her mother and a the victim's girlfriend ran outside of the house to find Melissa, 21, sitting inside of her car. She was taken by Paramedics to Highland Hospital where she was pronounced dead at 10:12 pm.

Continue reading

Big Lots Stores Settle Case of Environmental Violations Apr 27, 2017

OAKLAND -- Alameda County District Attorney Nancy O’Malley, together with 34 other California District Attorneys and 2 City Attorneys, today announced a settlement with Big Lots Stores, Inc. and its subsidiaries (“Big Lots”).

The civil settlement is the culmination of the prosecutors’ investigation into Big Lots’ unlawful disposal of hazardous waste at its stores across the state and at its distribution center. The parties agreed to a court judgment that orders Big Lots to pay $3,507,500 in civil penalties, costs, and supplemental environmental projects.

Big Lots generates hazardous waste through chemical product spills, damaged containers of chemical products, customer returns, and similar events. The hazardous waste includes corrosive and ignitable liquids, toxic materials, batteries, and electronic devices and other e-waste.

Prosecutors pursued this enforcement action after discovering Big Lots had failed to properly manage and dispose of hazardous waste at its 206 California retail stores and at its distribution center in Rancho Cucamonga. Big Lots employees disposed of hazardous waste in ordinary dumpsters bound for local landfills unpermitted to accept the waste, rather than having the waste lawfully transported to authorized hazardous waste facilities.

“Retailers must ensure the hazardous wastes they generate are not simply disposed of at local landfills not authorized or designed to accept hazardous waste,” stated Alameda County District Attorney Nancy O’Malley.

Continue reading

2017 Drug Take Back Day Apr 26, 2017

On April 29, 2017, the Alameda County DA’s Office will be participating in the National Drug Take Back Day, in partnership with the United States Drug Enforcement Administration.

The public is encouraged to bring any unused, unwanted and/or expired prescription or over the counter medication for free, confidential and safe disposal.

It is a great opportunity to rid your home of potentially-dangerous expired, unused, and unwanted prescription and over-the-counter drugs, thereby helping to prevent prescription drug abuse and theft. This can also include unused pet medication. We can also collect unused pet medication for safe disposal.

The service is free and anonymous, no questions asked.

"The Alameda County DA’s Office is committed combating the serious issue of prescription drug abuse in our community," said District Attorney Nancy E. O'Malley.

“Facilitating the safe disposal of these drugs serves a vital public safety and public health role. This is a critical step in reducing the alarmingly high rates of prescription drug abuse and addiction in our community.”

Safe disposal of over-the-counter and prescription medication is essential in order to prevent the misuse of these substances, and to end the harmful environmental impacts of disposing of them in landfill or through our water system.

Continue reading

People v Carl Thompson Apr 19, 2017

On April 11, 2017, a jury found Defendant Carl Thompson guilty of battery resulting in serious bodily injury, assault with force likely to cause great bodily injury, and the enhancement that he personally inflicted great bodily injury.

On October 27, 2016, the victim was at the Fremont BART station in the bus zone waiting for the 181 bus. The victim heard Defendant Thompson yelling behind her and using profanity towards Defendant Thompson's girlfriend. The victim turned around and asked Defendant Thompson if he was speaking to her. Defendant Thompson responded by telling her that he was speaking to her, and that he was going to send his girlfriend to beat the victim up.

Continue reading

People v Henery L Camphor Jnr Apr 11, 2017

On April 4, 2017, a jury found Defendant Henery L Camphor Jnr guilty as charged of three counts of lewd and lascivious behavior on two young boys, John Doe 1 and John Doe 2. Previously, Defendant Camphor was convicted in 2001 of lewd and lascivious behavior on a 7-year-old boy and served a prison sentence.

In 2014, Defendant Camphor spent months doing favors for and spending time with the family of his two victims. The victims in this case were an 8-year-old boy and a 9-year-old boy; they are cousins. Eventually, the family trusted Defendant Camphor enough to be alone with the two young boys. He took them camping at Lake Chabot and in the middle of the night had sexual contact with one boy, then the other boy.

Defendant Camphor is scheduled to be sentenced on May 19, 2017. With the prior sexual assault conviction, Defendant Henery L Camphor Jnr faces a life sentence in state prison on these new convictions.

The case was prosecuted by Senior DDA Susan Torrence, with assistance from DA Inspector Jean Luevano and Victim-Witness Advocate Hedy Mitlo.

DA O’Malley Receives Lifetime Achievement Award Apr 6, 2017

On April 4, 2017, DA Nancy O’Malley received the Lifetime Achievement Award from the Alliance for HOPE International. The award was presented at their annual conference in Milwaukee, Wisconsin, in front of 700 child abuse, domestic violence, sexual assault, elder abuse, and human trafficking professionals from around the world.

DA O'Malley received the award for her unwavering commitment to victims of crime, championing the Family Justice Center Model, developing innovative programs and training modules, and writing key pieces of legislation that protect victims of crime. She was the visionary behind the nationally recognized Alameda County Family Justice Center (ACFJC), a space that unites police officers, prosecutors, advocates, counselors, and other professionals in one location to allow survivors to receive help within the one building. DA O'Malley also founded a Camp HOPE program that sends children exposed to domestic violence to camp each summer, and helps them navigate their way out of trauma toward a life of hope and healing.

“I am so proud to accept this award from the Alliance for HOPE. Developing the Alameda County Family Justice Center has been one of my chief priorities, and to see that over 120,000 people have been positively impacted by the ACFJC since it opened eleven years ago is truly wonderful," said DA Nancy E. O'Malley. "I am inspired and motivated to continue helping my community, to empower victims, and fight for their rights."

Continue reading

DA Staff Honored for Restorative Justice Case Apr 3, 2017

Recently, SEEDS Community Resolution Center honored DA Nancy O'Malley, Deputy DA Colleen Clark, and Victim-Witness Advocate Yuen Chiang with the Community Partner Award.

The DA's Office reached out to SEEDS to facilitate a case involving a drug-related DUI in Berkeley. All parties were on board with pursuing this course of action and actively participated in discussions. DDA Clark was able to resolve the matter in a way that satisfied both the victim and defendant, and it was approved by the judge in late March.

The award was presented at their gala, in recognition of their commitment to pursuing alternative methods to reach a fair and just outcome that benefits all parties and facilitates healing.

Continue reading

DA O’Malley Announces DDA Glenn Kim Commissioned by Korean Prosecutors to Write Legal Paper Mar 30, 2017

Alameda County District Attorney Nancy E. O’Malley is pleased to announce Deputy District Attorney Glenn Kim has been hand-picked by the Republic of Korea Supreme Prosecutors Office in conjunction with the Korean Prosecutors Association Justice Foundation to present at a conference in Korea and write a detailed legal paper.

DDA Kim is one of seven impressive legal minds from around the nation who have been chosen to research, write, and present a paper that focuses on the way prosecutors’ offices in the United States cooperate with various law enforcement offices in the country. The goal of this project is to share the differing roles of prosecutors and law enforcement officers in the United States, and how these two arms of the US criminal justice system cooperate and collaborate to ensure justice is served.

“We are proud that one of our own has been selected to work with the Republic of Korea to impart knowledge and best-practices within the criminal justice system. Mr Kim’s selection reflects the excellent reputation our office has in the legal profession both nationally and abroad,” said District Attorney Nancy O’Malley.

Continue reading

People v Armando Morales-Cuevas Mar 24, 2017

On March 23, 2017, a jury convicted defendant Armando Morales-Cuevas as charged of four counts of having sexual intercourse with a child 10 years of age or younger, and one count of continuous sexual abuse of a child under age 14. The jury deliberated for approximately an hour before returning guilty verdicts on all counts.

Jane Doe’s childhood was taken from her as she was sexually abused for years by her family member, Defendant Morales-Cuevas.

Continue reading

People v Frank Joseph Montengro Mar 23, 2017

On March 22, 2017, a jury convicted defendant Frank Joseph Montenegro of two counts of lewd and lascivious acts against John Doe 1 (a minor under the age of 14), and of seven counts of lewd and lascivious acts against John Doe 2 (a minor under the age of 14). He was also convicted of four counts of aggravated sexual assault sodomy upon a minor under the age of 14.

In 1998, Defendant Montenegro was a special education teacher at Blacow Elementary School in Fremont when he began spending time outside of school hours with John Doe 2 and his family. John Doe 2’s single mother, who did not own a car, worked three jobs to support her three children. Defendant Montenegro began giving her rides to and from work. He also offered to enroll John Doe 2 in soccer and provided him with transportation to and from those sporting events.

Continue reading

People v Golden Gate Petroleum et al Mar 15, 2017

California Attorney General Xavier Becerra and Alameda County District Attorney Nancy E. O’Malley Announce $3 Million Order for Payment of Civil Penalties from Golden Gate Petroleum for Underground Fuel Storage Tank Violations

Oakland, CA - Alameda County District Attorney Nancy E. O’Malley and Attorney General Xavier Becerra have announced that on March 13, 2017, the Contra Costa Superior Court ordered a payment of $3 million in civil penalties in the case People v. Golden Gate Petroleum, et al.

The penalties are to be paid by the defendants, the owners and operators of underground storage tank systems at retail gasoline stations in several counties in Northern California: Golden Gate Petroleum, Bay Area/Diablo Petroleum Company, Dennis O’Keefe, and Westgate Petroleum Company, Inc.

The environmental enforcement action was filed in 2007 by the Attorney General and the Alameda County District Attorney along with the offices of Humboldt District Attorney Maggie Fleming, Lake District Attorney Don Anderson, Mendocino District Attorney Charles David Eyster, Monterey District Attorney Dean D. Flippo, Santa Clara District Attorney Jeffrey Rosen, and Sonoma District Attorney Jill Ravitch.

Continue reading

People v Melissa Ho Feb 28, 2017

On February 9, 2017, a jury found Defendant Melissa Fan Ho was convicted of felony gross vehicular manslaughter for the killing of William Sampson, and felony reckless driving with great bodily injury to Michael Andrade.

Continue reading

People v David Tarnue Mabullu Feb 7, 2017

On February 1, 2017, Defendant David Tarnue Mabullu was convicted of two counts of forcible rape, dissuading a witness by force or threat, and domestic violence battery.

The victim, Jane Doe, met Defendant Mabullu when she started working at a fast food restaurant in 2012. They began a dating relationship that continued until May 2016, and at one point were engaged to be married. Through much of the relationship, defendant Mabullu had been verbally and physically abusive towards the victim, but she never reported any of the abuse until June 27, 2016.

On the evening of June 26, 2016, at around 10:30 pm, Defendant Mabullu called the victim and demanded that she have sex with him. She refused. An argument ensued, leading the victim to hang up and turn her phone off. Jane Doe clocked out of work at around 11:30 pm and walked toward her car in the parking lot. Defendant Mabullu had been waiting for her in the car park in his mother’s vehicle and confronted Jane Doe. He grabbed a drink she had in her hand and dumped it on her while cursing at her. He then took her personal belongings and ordered her into his mother's vehicle. Defendant Mabullu hit Jane Doe in the face and body as he drove her to his family home in Oakland.

Continue reading

People v Anthony L Durant Feb 2, 2017

On January 31, 2017, a jury found Defendant Anthony L Durant guilty of the second degree murder of Christian Sheppard and unlawful firearm activity.

On the afternoon of October 6, 2015, friends Antuan Mason, Christian Sheppard, Kenneth Joubert, and Defendant Anthony L Durant met up at the Rosewood apartment complex in Russell Street, Berkeley. The group decided to play dice, and so they played behind the neighboring apartment complex where dice games occur 1-2 times per week. The four started playing dice and were joined by numerous other people throughout the afternoon.

Continue reading

DA Announces Settlement with Walmart Over ’Greenwashing’ Claims Feb 1, 2017

Oakland, CA -- Alameda County District Attorney Nancy O’Malley announced today that her office, with 22 other District Attorney’s Offices in California, settled a consumer protection action against Wal-Mart Stores, Inc. (as well as Wal-Mart.com USA, LLC, and Wal-Mart subsidiary, Jet.com, Inc.). The action was filed in Napa County.

The Complaint alleges that Walmart sold plastic products in stores and online that were misleadingly labeled “biodegradable” or “compostable” in violation of California law.

Plastic waste can take up to a thousand years to decompose, depending on the environment in which it’s disposed. A growing number of marketers have sought to promote the sale of plastic products using misleading claims of biodegradability. Many Californians choose products based on these claims, despite the fact that landfills are oxygen-poor and thus tend to mummify products, rather than allow them to biodegrade.

California Law imposes an outright ban on the sale of plastics labeled “biodegradable” (or labeled with similar language), since such claims are inherently misleading without thorough disclaimers regarding how quickly the product will biodegrade in a landfill or in other environments where it may be disposed. The sale of plastic products labeled “compostable” is also prohibited -- unless the product meets certain scientific standards that ensure the plastic will break down in municipal compost.

“Unfortunately, Californians concerned with reducing plastic waste in landfills are commonly misled to purchase plastic bags and other plastic products based on marketers’ unsubstantiated claims of biodegradability,” said District Attorney O’Malley, “but almost nothing breaks down in a landfill. That’s why the sale of plastic products labeled ‘biodegradable’ is illegal in California and why today’s settlement is a win for both consumers and the environment.”

Continue reading

People v Joseph Ochoa Jan 23, 2017

On January 6, 2017, a jury found Joseph Ochoa guilty of 8 counts of child sexual assault.

In August 2005, Defendant Ochoa moved into an apartment in Newark with his new girlfriend (Jane Doe’s mother) and 7 year-old victim Jane Doe. Defendant Ochoa eventually married Jane Doe’s mother, and lived with them over the next 8 years in various apartments and homes in Newark, Hayward, and Tracy.

Continue reading

DA Unveils Anti-Trafficking Billboards Jan 19, 2017

Billboard Campaign Unveiled to Combat Human Exploitation & Trafficking of Children

Oakland, CA - Alameda County District Attorney Nancy E. O’Malley introduced 2017’s public awareness campaign that directly confronts the buyers of child sex trafficking victims and the need for men to fight child exploitation.

This campaign, timed to coincide with National Human Trafficking Awareness Month, marks the third year in which a billboard campaign raises awareness of the commercial sexual exploitation of children in Alameda County, the region and the state. The work is the result of a collaborative effort between the District Attorney’s Office and Clear Channel Outdoor, and the billboards appear on roadways and in neighborhoods throughout the County of Alameda.

“I remain dedicated to fighting the epidemic of commercial sexual exploitation. One clear fact is that the singular driving force behind sex trafficking is demand. We hope that the messages on the billboards will highlight this stark reality and engage more people to join our effort to put a stop to this crime,” says DA O’Malley.

Continue reading

2017 ACFJC Gala Jan 12, 2017

Join us for the 10th Annual 'One' Gala to raise funds for the Alameda County Family Justice Center, a center that does tremendous work helping victims and their family rebuild their lives.

The Gala directly supports four programs at the ACFJC:

  • Camp Hope: a week-long sleep-away experience to provide nurturing and guidance to children impacted by violence. Professional staff and youth leaders assist in the healing process and our campers build relationships with other children in similar circumstances.
  • Natalie's Nook: Children traumatized by violence often lag behind in educational progress. In addition to the counseling we provide these young victims, Natalie’s Nook offers early childhood programs in reading and others subjects to ensure these young people have the opportunity to succeed.
  • STEP-UP (The Survivor Training Empowerment Program – Utilizing your Potential): this initiative allows victims of domestic violence and sexual exploitation to heal and become confident and productive members of the community. This award-winning program has received wide recognition for its positive outcomes.
  • The Legal Clinic: this program offers the legal support and knowledge for victims of domestic violence to face their abusers alone in court to secure a divorce or fight for child custody. In partnership with USF Law School and run by a Family Law Attorney, abused women obtain the professional help they need to secure a positive outcome.

WHEN: Saturday, January 28, 2017

TIME: 6pm Reception. 7:30pm Dinner, Program and Live Auction

Tickets can be purchased here. To find out more about the essential work done by the Alameda County Family Justice Center, please visit their website.

People v Michael Jose Monert Jan 11, 2017

On December 14, 2016, a jury found defendant Michael Jose Monert guilty of the first degree murder of Pamela Sanders, the second degree murder of Debra Adkins, and the second degree murder of Janice Flahiff, plus enhancements.

Defendant Monert was a serial murderer of prostitutes in Oakland during the late 1980s and early 90s. While awaiting trial for the murder of Pamela Sanders, Defendant Monert confessed to murdering two more women. During his confessions he provided details that only the killer would know. Some of these details included the manner of death, location of where the murders took place, and where he dumped the bodies.

Continue reading