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

Meet DA Nancy E. O'Malley

2018

People v Darius Swain Nov 16, 2018

On November 5, 2018, a jury convicted defendant Darius Swain of six felony counts, including human trafficking of a minor with force, pimping of a minor, pandering of a minor, robbery, felon in possession of a firearm, and felon in possession of ammunition.

In April 2017, Defendant Swain was introduced to 15-year-old Jane Doe through another juvenile girl he was actively exploiting. Defendant Swain would drive Jane Doe and two other young girls (14-years-old and 17-years-old) to known prostitution areas throughout the Bay Area. He would drop the girls off and watch them from his car to make sure they were soliciting men for sex. The girls were required to give all the money that they received from sex acts to Defendant Swain. The girls described multiple incidents of physical abuse during the time Defendant Swain was exploiting them. On one occasion the defendant broke a girl’s nose because she looked another man in the eyes which was in violation of Defendant Swain’s rules.

Continue reading

People v Sophy Kong Nov 6, 2018

On September 20, 2018 a jury found defendant Sophy Kong guilty of first degree murder and found to be true the special circumstance of lying in wait. The jury further found the defendant guilty as charged of two counts of attempted 1st degree murder.

Continue reading

People v Christian Burton Nov 1, 2018

On October 31, 2018, a jury found defendant Christian Burton guilty of first degree murder with special circumstance for the death of off duty paramedic Quinn Boyer.

On April 2, 2013, at around 10 am, the 16-year old defendant and five of his juvenile friends ranging from the ages of 13 to 15 walked together to the Island Market located on the corner of High Street and Congress Street in the city of Oakland. The six juveniles watched as an elderly victim purchased food and walked to his car. Four of the juveniles carjacked the man and escaped in his 2001 Dodge Intrepid. All six assailants packed into the vehicle and drove around Oakland looking for other victims to rob.

Continue reading

The Importance of Sexual Assault Kit Testing Oct 23, 2018

Listen to podcast of DA O’Malley in conversation with California State Senator Connie Leyva discussing the importance of testing sexual assault kits.

Tindle OIS Report Oct 23, 2018

District Attorney Releases Final Report on the Fatal Shooting of Sahleem Tindle

Download PDF of complete report.

Drug Take Back Day Oct 22, 2018

NATIONAL DRUG TAKE BACK DAY OFFERS FREE, SAFE, AND CONFIDENTIAL DISPOSAL OF PRESCRIPTION AND OVER-THE-COUNTER MEDICATION


Oakland, CA -

Saturday, October 27, 2018, is National Drug Take Back Day and the Alameda County District Attorney’s Office will have four drop-off sites open for free, confidential and safe disposal.

National Drug Take Back Day provides a convenient and safe way to rid your home of expired,
unused, and unwanted prescription and over-the-counter drugs. All collection sites also accept
unused pet medication.

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

"Prescription drug abuse is a significant issue facing our communities. A major step in prevention is to empty medicine cabinets of old, unused, and expired medication,” said District Attorney Nancy E. O’Malley.

“Proper disposal of medications serves a vital public safety and public health function and helps to prevent environmental contamination.”

Continue reading

DA O’Malley’s Statement on Former Inspector Oct 12, 2018

“The Alameda County District Attorney’s Office proudly comes from a long and rich tradition of ethical values and an unwavering commitment to justice. Our record of high quality performance in the administration of criminal justice has made us a leader in law enforcement, not just in California, but across this nation. This strong reputation is rooted in a lineage of fair, ethical, and consistent leadership dating back to the 1920s,” states District Attorney O’Malley.

“The Alameda County District Attorney’s Office seeks justice within the bounds of the law, in every case. We serve the public interest and act with integrity and honesty. When a public official - especially one entrusted with upholding the law as Harry Hu was - breaks that trust, it strikes a hard blow against the hard working and ethical professionals of the District Attorney’s Office. No one is above the law. When a law enforcement officer or public official commits criminal acts, he will be prosecuted fully under the law," she said.

"On October 11, we were informed by the US Attorney’s Office that Harry Hu has been prosecuted and convicted of the crime that is articulated in 18 USC 371, Conspiracy to Commit Honest Services Fraud and Bribery. Former Inspector Harry Hu has brought shame on himself, on the Alameda County District Attorney’s Office and the Oakland Police Department, as well as on the justice system. He has violated the trust of the people of Alameda County and of those of us who work every day to ensure public safety, who protect and serve victims of crime, and who hold those who commit crimes accountable," said DA O'Malley.

DA O’Malley Announces Felony Charges Filed Against Sheriff’s Sergeant Oct 3, 2018

Oakland, CA - Alameda County District Attorney Nancy O’Malley today announced that her Office has filed four felony charges against Alameda County Sheriff Sergeant James Russell based upon the illegal and secret recordings of four in-custody juvenile suspects in an interview room at the Eden Township Sheriff’s substation on March 15, 2018. Filed are four counts of a violation of Penal Code Section 632(a), eavesdropping on or recording of confidential communications.

Upholding the Constitution is the highest priority of this office, including protecting the attorney/client privilege. The District Attorney’s Office conducted a thorough investigation into this matter, and has concluded that the evidence supports the filing of these felony charges against Sergeant Russell. No individual is above the law, and when a law enforcement officer commits a crime, he or she must face the consequences, just as any member of the community must.

“Every one of us working in the justice system must be held to the highest of standards when it comes to protecting an individual’s constitutional rights, including the sacrosanct right to privileged communication between a client and his or her attorney,” says DA O’Malley.

Continue reading

DA-Sponsored Sexual Assault Bill Signed by Governor Oct 1, 2018

In a victory for survivors of sexual assault crimes, 
Governor Brown signs DA-sponsored bill mandating the statewide counting of backlogged sexual assault kits

In the final day of the legislative session, Governor Brown signed into law Assembly Bill 3118, sponsored by Alameda County DA Nancy O’Malley, and co-sponsored with Joyful Heart Foundation and Natasha’s Justice Project, that will once and for all provide an accurate and full accounting of all backlogged sexual assault kits throughout California. This law puts the state a step closer to ending the decades-old backlog of sexual assault kits.

AB 3118, authored by Assemblymember David Chiu (D-San Francisco), requires a statewide audit of police agencies, hospitals, crime labs, and any other facility that handles or stores sexual assault kits to get a definitive count of the backlog in California and submit that count to the California Department of Justice by July 1, 2019.

“For years, I have been fighting to assure an accurate accounting of backlogged sexual assault kits and to eliminate the backlog of these kits. Ultimately, it is vital that California never again sees any backlog in the testing this vital forensic evidence,” says DA O’Malley.

“I am very grateful to Assemblymember Chiu for carrying this important piece of legislation and to the Governor for signing it into law. This bill will make a significant impact in the lives of sexual assault survivors."

“The rape kit backlog is an embarrassment,” said Assemblymember David Chiu.

“I am happy Governor Brown saw the dire need to understand the extent of the rape kit backlog in California so we can address the issue. Given the current national conversation around sexual assault, it is more important now than ever that survivors of sexual assault know that California is working to get them the justice they deserve.”


Continue reading

Whole Foods to Pay $1.64 Million in Hazardous Waste Settlement Sep 20, 2018

Stores throughout the State improperly handled and disposed of hazardous wastes

Oakland, California – District Attorney Nancy E. O’Malley announced today that her office, together with 21 other California District and City Attorneys, has filed and settled a civil law enforcement action in Yolo County Superior Court against Whole Foods Market California Inc. and two related entities. The settlement requires the Whole Foods entities to pay $1.64 million and resolves allegations that companies violated California laws for the safe storage, handling, and disposal of hazardous wastes over a five-year period.

According to the District Attorneys’ complaint, Whole Foods Market California Inc., Mrs. Gooch’s Natural Food Markets Inc., and WFM-WO Inc., unlawfully handled and disposed of various hazardous wastes and materials throughout the state over a five-year period. These hazardous wastes and materials included batteries, electronic devices, ignitable liquids, aerosol products, cleaning agents, and other flammable, reactive, toxic, and corrosive materials.

“We remain ever vigilant in the protection of our natural resources and the proper disposal of hazardous waste is vitally important in safeguarding the environment from toxic pollutants that pose a threat to the health of humans, wildlife, and plants,” says DA O’Malley.

Continue reading

DA O’Malley Announces Settlement with Goop, Inc. Sep 4, 2018

The Alameda County District Attorney's Office, as a member of the California Food, Drug, and Medical Device Task Force, which is comprised of ten district attorneys' offices including Napa, Marin, Monterey, Orange, Santa Clara, Santa Cruz, Shasta, Solano, and Sonoma Counties, announced today a settlement in a consumer protection action against Goop, Inc. (“Goop”). Goop sells a variety of items on its website including vitamins and diet supplements, feminine care products, and wellness products.

The consumer protection complaint alleges that Goop made false and misleading representations regarding the effects or attributes of three products—the Jade Egg, Rose Quartz Egg, and Inner Judge Flower Essence Blend. According to the complaint, Goop advertised that the Jade and Rose Quartz eggs—egg-shaped stones designed to be inserted vaginally and left in for various lengths of time—as well as the Inner Judge Flower Essence Blend could balance hormones, prevent uterine prolapse, increase bladder control and prevent depression. The complaint also alleges that none of Goop’s claims regarding these products were supported by competent or reliable scientific evidence.

Continue reading

People v Melvin Allen Aug 29, 2018

On July 25th, 2018, a jury found defendant Melvin Allen guilty of the murder of Dominique Johnson. The jury further concluded that the murder was premeditated, deliberate and of the first degree.

Continue reading

DA O’MALLEY ANNOUNCES MURDER CHARGES AGAINST JOHN LEE COWELL Jul 26, 2018

Today, Alameda County District Attorney Nancy O’Malley announced that criminal charges have been filed against defendant, John Lee Cowell, in the brutal murder of Nia Wilson and the attempted murder of Letifah Wilson on July 22, 2018. Ms. Nia Wilson was only 18 years old and her sister, Ms. Letifah Wilson is 26 years old. Count One of the Complaint filed in the Wiley Manuel Courthouse alleges a violation of Penal Code Section 187(a), Murder of Ms. Nia Wilson. The Complaint alleges the special allegation, Penal Code Section 12022(b)(1), that the defendant used a deadly and dangerous weapon, a knife, in the Murder of Ms. Nia Wilson.

Continue reading

People v Meini Foster Jul 23, 2018

On July 20, 2018, a jury convicted defendant Meini Foster of three forcible sex crimes and found the kidnapping allegations attached to each count to be true.

A night of revelry took a wrong turn when victim Jane Doe, intoxicated and confused, boarded the wrong BART train after a work holiday party and ended up encountering the defendant, who took advantage of the vulnerable victim to move her away from BART and sexually assault her.

Continue reading

Art of Peace at Las Positas College Jun 28, 2018

Art of Peace at Las Positas College
Mertes Center for the Arts
3000 Campus Hill Drive, Livermore, CA 94551

Exhibit will run from June 30 through end of August, 2018
Open daily Monday-Thursday 9:00 am-5:00 pm
Exhibit will be open during the performances of “Evita” July 12-15, 2018

(Additional dates and times of gallery operation will be posted and advertised on a week to week basis.)

Oakland, CA. Alameda County District Attorney Nancy E. O’Malley, in partnership with The Robby Poblete Foundation is proud to present a groundbreaking new project entitled “The Art of Peace - Alameda County.” This collaborative effort engages local artists, selected after a competitive submission process, who have created three dimensional art pieces out of the remains of dismantled firearms.

“Gun violence plagues our communities. The Art of Peace focuses a spotlight on our ongoing efforts to end this crisis,” says DA O’Malley. “Over the past 30 years, the DA’s Office has amassed over one thousand firearms that were collected as evidence in criminal prosecutions. This project has re-imagined these instruments of violence into objects of beauty and grace.”

The DA’s Office had in its possession more than 700 of firearms that were used in crimes prosecuted in court that were due for destruction. Rather than incinerate them and emit pollution into the air, the DA’s Office engaged a licensed company to make the firearms inoperable and separate the parts. Selected artists were given any of those parts they wanted in order to create art work reflecting a message to end gun violence and create positive pathways for all.

The art pieces will also serve as a teaching and learning tool for students of all ages. Not only does the artwork serve as fine example of welding and sculpture, but also engages youth in critical thinking and analysis of gun violence and the lifelong benefits of mastering a skill.

Contact: ADA Teresa Drenick // Teresa.Drenick@acgov.org // (510) 272-6280

Download press release as a PDF

People v Danny Hogg Jun 25, 2018


On June 7th, 2018 a jury found Danny Hogg guilty of first degree murder in the killing of of Hector Arturo Barrera Rodriguez.

On June 9, 2016, at approximately 10pm, Hector Arturo Barrera-Rodriguez was sitting in the right front passenger seat of his friend's vehicle parked at the curb of Penniman Ave and 38th Ave in Oakland. The defendant walked by the vehicle and after passing by for a second time, the defendant turned back and went up to the open passenger side window where the victim was seated, removed a loaded .38 revolver from his pocket and attempted to rob the victim. The defendant positioned the gun into the window and pointed it at the victim's head. In reaction, the victim raised both hands to defend himself from the gun in his face. The defendant shot the victim in the face and fled after his failed robbery attempt.

Surveillance cameras from the nearby liquor store captured the defendant's movements before and after the shooting. DA Inspector James Morris and Audio/Video Specialist Vicki Long were instrumental in the prosecution of the case.

The case was prosecuted by DDA Alex Hernandez

People v Anthony Paige Jun 25, 2018

Docket 17CR017702.

On April 17, 2018 a jury convicted Anthony Paige of the second degree murder of Reginald Blackburn with the enhancement that he personally discharged a firearm.

On December 7, 2016 at about 6pm, Tyree Santee was going to visit friends off E. 17th Street. As Mr. Santee approached, the defendant confronted and threatened him. Mr. Santee kept walking and the defendant re-approached, challenging him to fight. The defendant punched Mr. Santee in the face, causing a cut on the corner of his mouth.

When Mr. Santee returned home, Reginald Blackburn, a father figure to Mr. Santee, saw the cut. Mr. Blackburn immediately got back into his car and drove to the location where the defendant had assaulted Mr. Santee. When Mr. Blackburn arrived, he asked what happened to his son. The defendant walked over and threatened to harm Mr. Blackburn. The defendant swung his fist at Mr. Blackburn’s face as Mr. Blackburn defended himself. The defendant then pulled out a pistol and shot Mr. Blackburn once in the back. The defendant then walked away.

Sentencing is set for September. Assisting with this case were Inspectors Brian Delahunty and Tom Cleary, as well as victim advocate Marina Hammergren

This case was prosecuted by DDA Nick Homer.

Scam Alert Jun 19, 2018

The Alameda County District Attorney’s Office has been made aware of a recent attempted scam in which individuals are receiving calls on cell and home phones claiming to be from the Alameda County District Attorney’s Office. The callers leave messages or speak to the individual answering the phone and addresses the call recipient by name and supplies a correct date of birth. The caller claims to be collecting on a payday advance loan with a case number and demands an immediate cash payment be wired or the person will face arrest, prosecution and wage garnishment.

The Alameda County District Attorney’s Office NEVER calls with a demand for money or payment. Any such calls are a scam and the public is warned not to wire or otherwise send money in response to such calls.

Anyone receiving a similar call demanding payment may report the attempted fraud to the District Attorney’s Office by calling 510-383-8600.

Contact: ADA Teresa Drenick // Teresa.Drenick@acgov.org // (510) 272-6280

Download press release as PDF

Cox Communications Agrees to $3.3 Million Settlement for Hazardous Waste Violations May 30, 2018

District Attorney O’Malley and Attorney General Becerra Announce: Cox Communications Agrees to $3.3 Million Settlement for Violations of California’s Hazardous Waste Laws

Oakland, CA– Alameda County District Attorney Nancy O’Malley and California Attorney General Xavier Becerra today announced a $3,318,700 settlement with Cox Communications California, LLC (Cox) and other related entities to resolve allegations that its California facilities unlawfully disposed of hazardous waste – including hazardous batteries, electronic devices, and aerosols. These acts constitute violations of California’s Hazardous Waste Control Law, and of California’s Unfair Competition Law, as such conduct gives Cox a competitive advantage over other regulated entities that are complying with the law. Cox also is alleged to have discarded customer records without rendering personal information unreadable. This settlement was the result of a partnership between the Attorney General’s Office and the Alameda County District Attorney’s Office.

Continue reading

New Medicare Cards - DA’s Tips to Avoid Fraud May 29, 2018

Alameda County D.A. joins Medicare to warn seniors of possible scams as new Medicare cards arrive in East Bay

On May 29, 2018, Alameda County District Attorney Nancy O’Malley was joined by a Medicare official and a representative of the nonprofit Senior Medicare Patrol to discuss the rollout of new Medicare cards to 245,000 Alameda County residents. The new cards will begin arriving in local mailboxes soon. Social Security numbers have been removed from them to prevent identity theft against seniors, keep scammers from using Medicare benefits illegally, and protect tax dollars.

Continue reading

People v Albert Rich May 29, 2018

On May 22, 2018 a jury convicted defendant Albert Rich of thirteen felony counts, including human trafficking of a minor, sexual penetration of a minor, human trafficking of adults, torture, rape, sodomy and assault with a deadly weapon.

Continue reading

May 25, 2018

Please join DA Nancy O’Malley for a special evening celebrating the

Art of Peace-Alameda County.

Meet the artists and bid on a spectacular piece of art in the silent auction.

June 13, 2018
5:00 pm to 7:00 pm
471B 9th Street, Oakland, CA

RSVP: Teresa.Drenick@acgov.org

https://www.artofpeacealameda.com/

Continue reading

Unveiling Art of Peace May 22, 2018

Alameda County District Attorney Announces Unveiling and Exhibition of

Art of Peace-Alameda County

Oakland, Ca. Alameda County District Attorney Nancy E. O’Malley, in partnership with The Robby Poblete Foundation is proud to present a groundbreaking new project entitled “The Art of Peace - Alameda County.” This collaborative effort engages local artists, selected after a competitive submission process, who have created three dimensional art pieces out of the remains of dismantled firearms.

Sample artwork created for Art of Peace

Continue reading

June is Elder Abuse Awareness Month May 21, 2018

Be aware and help prevent elder abuse.

Continue reading

ART OF PEACE Unveiling May 18, 2018

Media Advisory

TUESDAY, MAY 22: MEDIA AVAILABILITY AND ART OF PEACE UNVEILING

WHAT: Unveiling of Art of Peace – Alameda County

The media is invited to the unveiling of the art created by six Bay Area artists chosen to create the Art of Peace. Alameda County District Attorney Nancy E. O’Malley, in partnership with The Robby Poblete Foundation is proud to present a groundbreaking new project entitled “The Art of Peace - Alameda County.”

This collaborative effort engages local artists, selected after a competitive submission process, who have created three dimensional art pieces out of the remains of dismantled firearms.

WHO: District Attorney Nancy E. O’Malley will provide remarks. The Artists will also be present to share thoughts on their work.

WHEN: Tuesday, May 22, 2018, 12:30 pm

WHERE: 471 B 9th Street, Oakland, CA

Continue reading

People v Timothy Dalton May 18, 2018

On May 10 2018, a jury found Defendant Timothy Dalton guilty of Elder Abuse, Domestic Violence, vandalism and two counts of violating a stay away order, all misdemeanor offenses. On March 29 2018 at about 8:00p.m., Mr. Dalton went to his girlfriend’s father’s house convinced she was cheating on him. Mr. Dalton began punching his girlfriend in the mouth while in the front yard. When her 81 year old father came to her aid, Mr. Dalton punched him with enough force to knock him to the ground and began hitting him repeatedly in the face, leaving a permanent scar. The assault was witnessed by good Samaritan neighbors, one of whom had a Stay Away Order against Mr. Dalton because of his repeated past assaultive behavior against his girlfriend and threats to anyone who intervened on her behalf.

The case was handled by DDA Maggie Calonge, Inspector Jason Hawks and Victim-Witness Advocate Dina Aindow.

People v Carol Nash May 17, 2018

On May 8, 2018, a jury convicted Carol Nash of the misdemeanor offenses of driving under the influence of alcohol and driving with a blood alcohol content in excess of .08. On December 3, 2017, California Highway Patrol officers responded to an accident that occurred on Alvarado-Niles Boulevard in Union City. When they arrived, they saw Defendant's car down an embankment near an on-ramp to northbound 880. Defendant told officers she was driving her car when it spun out of control. She admitted she was coming from her birthday party and had been drinking alcohol that night. Her brother was on scene and told officers he was not driving. A DUI investigation revealed that defendant was driving with a blood alcohol content above .18% when she got in the accident. The case was prosecuted by deputy district attorney Cathryn Dalton.

DA O’Malley Announces Consumer Protection Settlement with Dropbox, Inc. May 16, 2018

ALAMEDA COUNTY DISTRICT ATTORNEY NANCY E. O’MALLEY ANNOUNCES CONSUMER PROTECTION SETTLEMENT WITH DROPBOX, INC.

Alameda County District Attorney Nancy E. O’Malley announced today that her office, along with the District Attorneys of San Diego, San Francisco and Sonoma Counties, have settled a consumer protection action against Dropbox, Inc., a company that provides file-sharing and other related services over the internet. The civil action was filed in Alameda County Superior Court.

Continue reading

Critical Incident Report on the Death of Hernan Jaramillo May 15, 2018

After an initial review in 2014, the Alameda County District Attorney's Office issued a Critical Incident Report on Hernan Jaramillo which was made available to the public. The report contains a factual summary of the police response to the reported 911 call out and autopsy findings by the designated pathologist.

Download the Incident Report as a PDF

Rape Kit Backlog Press Conference May 15, 2018

SACRAMENTO – On Tuesday, May 15th District Attorney Nancy O’Malley, Senator Connie M. Leyva and Assemblymember David Chiu—along with a broad coalition of supporters—held a press conference to discuss the importance of passing legislation to ensure that all rape kits in California are tested promptly. SB 1449 requires that newly collected rape kits be submitted within 20 days and tested no later than 120 days after receipt and AB 3118 requires a statewide audit of California’s current rape kit backlog.

View Press Conference

People v Jaime Rivera May 14, 2018

On May 11, 2018, a jury convicted defendant Jaime Rivera of twelve sexual offenses against two victims, who were sisters.

Starting when she was just 12 years old, in 2007 or 2008, Jane Doe 1 was repeatedly and regularly sexually abused by the defendant, who was a family friend. The acts started in San Francisco and continued in Oakland when the victim’s family moved to Alameda County in 2009. The defendant continued committing sex crimes against Jane Doe 1 until April 2013, just before the victim turned 18. Jane Doe 1 suffered in silence and kept these horrible crimes to herself. In June 2017, the defendant sexually assaulted Jane Doe 2, Jane Doe 1's sister, in Oakland while Jane Doe 2 was sleeping. He continued the assault after Jane Doe 2 woke up. Jane Doe 2 called the police and the defendant was arrested on June 7, 2017. After the defendant’s arrest, Jane Doe 1 told police what the defendant had done to her over the course of years.

The defendant is scheduled to be sentenced on June 29, 2018.

The case was prosecuted by DDA Tim Wellman of our Sexual Assault Unit, with assistance by Inspector Veronica Ibarra and Victim-Witness Advocate Stephanie Lynch.

People v Michelle Biala May 2, 2018

A jury found defendant Michelle Biala guilty of Gross-Vehicular Manslaughter while Intoxicated. On July 13, 2016, at about 9:45 pm, victim Steven Lin ran over something in the roadway on southbound I-880 just south of Highway 238 and suffered a flat tire.

Continue reading

National Drug Take Back Day Apr 25, 2018

MEDIA ADVISORY

Alameda County DA’s Office Participates in Nationwide Event

SATURDAY, APRIL 28, 2018 IS NATIONAL DRUG TAKE BACK DAY

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.

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.

Continue reading

People v Troy Seales Apr 18, 2018

On April 6, 2018, a jury found Defendant Troy Seales guilty of 1st Degree Murder and of personal and intentional discharge of a firearm resulting in the death of Deandre Adams. On August 25, 2017 at about 10:20 am, Mr. Adams was driving his car near the intersection of 88th and Olive in Oakland, Ca. Mr. Seales, who had an ongoing feud with Mr. Adams, used a AK-47 assault rifle to shoot at Mr. Adams who was driving by Mr. Seales. Mr. Adams was struck one time as he passed Mr. Seales. Mr. Seales then fled the scene and threatened witnesses over the phone to “keep their mouths shut.” Mr. Seales’ co-defendant Dupree Riley is still awaiting trial for his role in the murder.

The case was handled by DDA Butch Ford, Inspector Caesar Basa and Victim-Witness Advocate Marina Hammergren.

DA O’Malley Inducted into the International Academy of Trial Lawyers Mar 28, 2018

DA Nancy E. O’Malley Inducted into the International Academy of Trial Lawyers

OAKLAND, CA - The Alameda County District Attorney’s Office is pleased to announce that Alameda County District Attorney Nancy E. O’Malley has been inducted into the prestigious International Academy of Trial Lawyers (IATL). The honor was bestowed upon DA O’Malley at the IATL Annual Meeting in Austin, TX, late last week.

Following a comprehensive, rigorous vetting process by peer and judicial review, the Academy inducted DA O’Malley into their ranks.

Continue reading

Victims’ Rights Week - 2018 Mar 27, 2018

National Crime Victims' Right Week, April 89-14, 2018

The District Attorney's Office and the Alameda County Family Justice Center are hosting and participating in a number of events around the County during National Crime Victims' Rights Week, April 8 - 14.
To learn more about the DA's office and its ongoing efforts to provide assistance to victims of crime, and about the programs offered by the Alameda County Family Justice Center, please join us at any of these free events.

Download a flyer with all events: English | Español

Continue reading

DA Nancy O’Malley Announces Settlement with Costco & SF Gourmet Coffee Mar 19, 2018

Alameda County DA Nancy O'Malley Announces Settlement over the Misleading an Untrue Claims of Plastic Coffee Pods


Alameda County District Attorney Nancy E. O’Malley announced today that her office, along with 24 other District Attorney’s Offices in California, settled a consumer protection action against Costco Wholesale Corporation, Inc., and JBR, Inc., a coffee company headquartered in Roseville, CA, which does business as San Francisco Bay Gourmet Coffee and the Rogers Family Company. The settlement was based on allegations that the companies sold plastic coffee pods, labeled with untrue and misleading marketing claims, including statements related to biodegradability and compostability. A stipulated final judgment settling the matter was issued by Alameda County Superior Court Judge Morris Jacobson.

“California consumers trying to help reduce the problem of plastic waste in landfills are often misled to believe that plastic products labeled as ‘biodegradable’ will break down in municipal trash,” says District Attorney O’Malley, “But most landfills prevent biodegradation. In order to prevent misleading consumers, the Legislature banned the sale of plastic products labeled with language implying they will biodegrade.”

O’Malley stated that consumers interested in diverting plastic waste from landfills to municipal composting facilities should look for products that are labeled as having met scientific compostability standards (specifically, a compostable plastics certification called 'ASTM D6400').

Continue reading

People v Jamell Curtis Tousant Mar 13, 2018

On March 9, 2018, a jury convicted Defendant Jamell Curtis Tousant of four counts of assault with a firearm, two counts of shooting at an inhabited dwelling, four counts of illegal possession of firearms, and one count of shooting at an unoccupied motor vehicle.

Defendant Tousant's son, Jamell Tousant Jr, was murdered in Oakland on April 28, 2015. The defendant made efforts to discover who killed his son and eventually determined that it was a member of a South Berkeley gang. Defendant Tousant wrote a number of postings on social media about finding the person who killed his son along with photographs of himself holding various firearms.

Continue reading

DA O’Malley Announces $27.84M Settlement with Home Depot Mar 8, 2018

Home Depot to Pay $27.84 Million Settlement for Environmental and Customer Privacy Violations


Alameda County District Attorney Nancy E. O’Malley, California Attorney General Xavier Becerra, and eight other prosecutor’s offices throughout the state, announced today that Alameda County Superior Court Judge Brad Seligman has ordered Georgia-based Home Depot USA, Inc. (“Home Depot”), to pay $27.84 million to resolve allegations that Home Depot unlawfully disposed of hazardous wastes, and discarded records without rendering private customer information unreadable.

“Today’s settlement marks a victory for both environmental and consumer protection throughout California,” states DA O’Malley.

“My Office works tirelessly to investigate and prosecute companies large and small that endanger our precious resources by illegally disposing of hazardous waste. We also strive to ensure that consumers’ privacy and security is maintained and protected. I thank Attorney General Becerra and my fellow District Attorneys for their partnership on these important matters.”

The judgment is the culmination of a civil enforcement action filed on February 15th in Alameda County and led by the Alameda County District Attorney’s Office, the California Attorney General’s Office, the District Attorneys of Monterey, Riverside, San Diego, San Joaquin, Santa Clara, Ventura and Yolo, and the City Attorney of Los Angeles, with assistance by the Department of Toxic Substances Control.

Continue reading

People v Eljarod Lawson Mar 6, 2018

On February 27, 2018, a jury Defendant Eljarod Lawson was convicted of forced oral copulation, forcible rape and sodomy.

On September 18, 2007, 21-year-old Jane Doe was walking down 21st Ave near Marin Way in Oakland when Defendant Lawson began following her in his car. He came up behind Jane Doe, grabbed her by the neck and hair, punched her in the face, and then forced her into his car.

Continue reading

DA O’Malley Announces Outcome in Environmental Protection Lawsuit Against AutoNation Feb 26, 2018

A judge in San Jose has ordered more than $2 million in civil penalties to be paid by the operators of 57 dealerships and collision centers in California belonging to AutoNation, the country’s largest retailer of new automobiles.

The fines are part of a $3.38 million settlement of a lawsuit filed in Santa Clara County Superior Court by Alameda County District Attorney Nancy E. O’Malley and seven other California District Attorneys. The defendants, who operate as subsidiaries of AutoNation, were accused by the prosecutors of illegally disposing of hazardous waste and of violating laws related to the storage of hazardous materials and the disposal of customer records.

“Today’s settlement demonstrates my office’s continued commitment to making the environment cleaner and safer for the citizens of Alameda County and California by preventing hazardous automotive waste from contaminating our natural resources,” said District Attorney Nancy E. O’Malley.

“We are proud to work with other district attorney offices and environmental regulators statewide to enforce California’s environmental laws.”

Continue reading

Forum on Sexual Harassment Feb 26, 2018

A Community Forum to Focus on Issues Surrounding Sexual Assault and Harassment

Albany Mayor Peggy McQuaid welcomes Alameda County District Attorney Nancy O'Malley to speak with the community on the topic of Sexual Assault and Sexual Harassment. We invite community members and students to participate in the important forum.

Date:
Wednesday, March 7

Time:
7:00 pm - 8:00 pm

Venue:
Albany Community Center
1249 Marin Avenue, Albany 94706

For more information, please contact the Mayor, pmcquaid@albanyca.org

Download the flyer.

DA O’Malley’s Ongoing Efforts & Policy Regarding Dismissal of Cannabis-Related Criminal Convictions Feb 20, 2018

On November 8, 2016, California voters passed Proposition 64, the Medicinal and Adult-Use Cannabis Regulation and Safety Act. The Act legalizes adult use Cannabis as well and establishes regulations that will control and oversee the industry. The Act further establishes protocols for redesignating, dismissing and sealing old convictions for Health & Safety Code Sections 11357, 11358, 11359 and 11360. The Alameda County District Attorney’s Office immediately established a policy, protocol, and a process to redesignate and dismiss prior cannabis-related convictions.

Since that time, the DA’s Office has consistently handled a steady flow of petitions to dismiss cannabis related felony and misdemeanor convictions for Health & Safety Code Sections 11357, 11359 and 11360. This effort began with the implementation of California’s new cannabis laws, and DA staff have been handling these petitions on a weekly basis.

“California is offering a second chance to people convicted of cannabis crimes, from felonies to small infractions, with the opportunity to have their criminal records cleared,” says DA O’Malley.

“We join our State officials and intend to reverse decades of cannabis convictions that can be a barrier for people to gain meaningful employment.”

Continue reading

DA O’Malley Calls for Artists to Collaborate in Project Creating Art out of Dismantled Firearms Feb 15, 2018

Alameda County District Attorney Nancy E. O’Malley, in partnership with The Robby Poblete Foundation, is proud to announce a groundbreaking new project entitled 'The Art of Peace - Alameda County'. This collaborative effort will engage local artists to create three dimensional art pieces out of the remains of dismantled firearms.

“Gun violence continues to plague our communities. This project brings renewed awareness and attention to our ongoing efforts to end this crisis,” says DA O’Malley.

“Over the past 30 years, the DA’s Office has amassed over one thousand firearms that were collected as evidence in criminal prosecutions. The time has come to turn these objects of violence into beacons of light.”

Continue reading

DA O’Malley Unveils New Anti-Trafficking Billboards Feb 8, 2018

Oakland, CA - Alameda County District Attorney Nancy E. O’Malley introduced the new public anti-trafficking awareness campaign, entitled ‘Human Trafficking: it’s real and it’s here’, designed to encourage the public to recognize that human trafficking – both sex trafficking and labor trafficking – is a significant issue in communities throughout Alameda County and the Bay Area.

This is the fourth year the DA’s Office has developed an anti-trafficking awareness campaign as part of the office’s commitment to raise awareness of sexual and labor exploitation in Alameda County, the Bay Area, and beyond.

“This campaign challenges us all to open our eyes to the fact that human trafficking—both labor trafficking and sex trafficking—happens here, in our own backyard,” says DA O’Malley.

“This knowledge is crucial to fighting and putting an end to modern day slavery.”

Continue reading

People v James Evans Lightner Feb 6, 2018

Recently, a jury found Defendant James Evans Lightner guilty of three counts of forcible rape and two counts of forcible oral copulation.

Defendant Lightner and the victim, Jane Doe, knew each other for approximately 30 years and had a son together. On June 6, 2017, Defendant Lightner came over to Jane Doe’s apartment in Hayward after an evening out. She went to the kitchen to prepare him some food, and Defendant Lightner came up behind her and began sexually assaulting her. She pushed him away and told him to stop, and Defendant Lightner didn’t like being rejected and became angered.

While they were on the couch watching television, Defendant Lightner sexually assaulted Jane Doe again. She told him no numerous times and pushed him away. Defendant Lightner became angry and slapped her across the face. She tried other diversions, but he continued to beat and and rape her. The event lasted three hours until Defendant Lightner passed out and the victim was able to hide in the bathroom and call for help.

On January 9, 2018, Defendant James Evans Lightner was sentenced to 36 years in state prison and will be a registered sex offender for life.

The case was prosecuted by Snr DDA Angela Backers with assistance from DA Inspector James Rullamas and Victim-Witness Advocate Jenifer Mello.

Scam Alert: Unsolicited Contacts By Scammers Offering Computer Protection Feb 1, 2018

The Alameda County District Attorney’s Office is urging local residents to be aware of a computer-based scam in which consumers are contacted by people posing as technicians from established computer or software companies.

The scammers, who pretend to work on behalf of well-known companies such as Microsoft or Apple, either send pop-up messages or directly contact consumers claiming that the consumer has malware or a virus on his or her computer that requires immediate attention. When the consumer provides the scammer with a password or gives remote access to his or her computer, the scammers will either 'diagnose' a fictional problem or create an actual one. They will then demand large amounts of money – usually via wire transfer or other direct cash payment -- to 'correct' it. Consumers have reported that some scammers contact them numerous times claiming that their software requires further updates.

Continue reading

DA’s Office Partners with Asm Quirk to Help the Environment and Victims of DV Jan 31, 2018

The Alameda County District Attorney's Office, under the leadership of District Attorney Nancy O'Malley, has partnered with Assemblymember Bill Quirk (D-Hayward) to introduce two important bills into the legislature:

AB 1973: clarifies that emergency medical service workers are mandated reporters.
AB 1980: extends the statute of limitations for the prosecution of violations of the Aboveground Petroleum Storage Act.

The two bills were authored by Asm Quirk and sponsored by the Alameda County DA's Office.

"AB 1973 makes clear that emergency medical service workers are mandated reporters for domestic violence. This clarification will enable and empower these first responders make a report, a proactive step vital to preventing further abuse and escalating violence. I believe this bill will save lives," said DA O'Malley.

Continue reading

DA O’Malley Recieves Modern-Day Abolitionist Award Jan 11, 2018

Alameda County DA Nancy O’Malley today received the Modern-Day Abolitionist Award for Leadership from the San Francisco Collaborative Against Human Trafficking (SFCAHT). She was presented with the plaque by Benita Hopkins, chair of SFCAHT and program Director at Generations United, at an awards ceremony at San Francisco City Hall.

“I wish to thank the San Francisco Collaborative Against Human Trafficking for this tremendous honor. The organization does a phenomenal job uniting people from all over the Bay Area to fight human trafficking in our communities, and it was so heartening today to see so many people in the room who are all focused on this issue,” DA Nancy O’Malley said.

L-R: SFCAHT Coordinator Antonia Lavine, DA Nancy O'Malley, and SFCAHT Chair Benita Hopkins.

Continue reading

Statement from DA O’Malley on Charges Filed Against Mohammed Abraar Ali Jan 2, 2018

“This morning, my office filed a criminal complaint against Mohammed Abraar Ali alleging a violation of penal code section 187, murder, with a special allegation of great bodily injury. The complaint also alleged additional felony charges with special allegations including driving under the influence, driving and causing injury with a blood alcohol content over 0.08%, driving under the influence of drugs and alcohol causing injury, and an infraction for speeding greater than 100 miles per hour," said Alameda County District Attorney Nancy E. O'Malley.

“We extend our very deep sympathies to the family of Officer Camilleri, to his friends, and his CHP family. We also hope for a speedy and full recovery of Officer Velazquez.

"As with all victims of crime, and those who have lost a family member because of crime, the Victim-Witness Division of my office will provide services to the family of Officer Camilleri as well as Officer Vasquez, and we will provide support, resources, and assistance as they need, and as we can.

Continue reading