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

Meet DA Nancy E. O'Malley

2017

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.

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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.

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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.

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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.

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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.

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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.”

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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.

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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.

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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.

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