Office of the Alameda County District Attorney

DA O'Malley Announces Creation of the Division of Diversity, Equity and Inclusion

Alameda County District Attorney Nancy E. O’Malley announces the creation of the Division of Diversity, Equity and Inclusion (DDEI). She has appointed Assistant District Attorney II Terry Wiley to the head the groundbreaking new division.

Under the leadership of DA O’Malley, the District Attorney’s Office convened the Fair and Equitable Policing and Prosecution Working Group in 2016. ADA Wiley has been a part of the Working Group from its inception, focusing on issues such as implicit bias, updating guidelines and protocols, and creating policies that ensure fairness and equity in prosecution, in working with victims of crime and within the Office.

These efforts have led to the creation of several programs and collaborative courts that offer alternatives to incarceration, providing individuals charged with crimes the opportunities to gain insight, to build skills, to complete their education and to move beyond the criminal justice system. We have also created a misdemeanor pre-charging program for people to participate in to avoid charges. As the State reports, Alameda County District Attorney’s Office has more collaborative courts per capita than any other county.

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DAs Announce Expansion of MOU in Nine Bay Area Counties to Respond in The Event of Mass Casualty

On the third anniversary of the Route 91 Harvest Festival mass shooting in Las Vegas, the District Attorneys of the nine Bay Area Counties announce the signing and expansion of thier Memorandum of Understanding (MOU) to streamline a coordinated response in the event of a mass casualty crime incident.

The nine counties include Alameda, San Francisco, Sonoma, Contra Costa, Marin, San Mateo, San Joaquin, Solano, and Santa Cruz counties. The MOU allows any participating county impacted by a mass casualty crime incident to request shared resources and personnel from the surrounding counties. This is critical because a mass casualty event can quickly deplete county resources and victim or witness support staff, given the high number of people affected by suffering injuries, witnessing the incident, or experiencing the loss of a loved one. In such an event, the other counties would deploy staff and support to the affected county to ensure that there are sufficient victim and witness support providers available in the aftermath of a mass violence event.

“We have experienced far too many incidents in the Bay Area and across California that have resulted in mass casualties. Whether the result of shootings, fires, incidents at the hands of another or natural disaster, the impact is far greater than for any one agency to provide comprehensive responses and advocacies. While we hope that we will never again face a mass casualty incident, we must be prepared to respond if the need arises,” said Alameda County District Attorney Nancy O’Malley. “The nine Bay Area counties have joined together with united protocols, extensive training and coordination to provide mutually combined responses in the face of tragedy. We are all committed to providing the best possible help to any and all of our communities. Working together, we are stronger for our communities and for any individual who is affected by a mass casualty event.”

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Governor Newsom signs important legislation, sponsored by da O'Malley, to Fight Gun Violence

New law sponsored by Alameda County DA will compel gun manufacturers to place a unique microstamp on firearms

Governor Newsom has signed legislation cosponsored by the Alameda County District Attorney and the Brady Campaign to End Gun Violence to compel the gun industry to comply with gun safety manufacturing regulations. The signing of this legislation means prosecutors will now have additional tools to track down perpetrators of gun crimes. The legislation was authored by Assemblymember David Chiu (D-San Francisco).

“This law will have a direct and lasting effect in the fight to end gun violence. California’s cities and neighborhoods are plagued by shootings and AB 2847 provides a smart and realistic tool to identify and prosecute gun crimes. The unique microstamp on each handgun will allow law enforcement and district attorneys to identify criminals and hold them accountable. It is imperative that we do all we can to stop the seemingly endless horror of gun violence in our state,” says DA O’Malley. “I thank Assemblymember Chiu for authoring this legislation, the Brady Campaign for cosponsoring, and the Governor for signing the bill.”

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DA O'Malley asks Governor to Veto Bill that Threatens Public Safety and Victims' Rights

California Assembly Bill 3234 is a threat to public safety and victim’s rights. It has been rushed through the legislative process without allowing for public comment or careful consideration.

This bill allows for diversion in most misdemeanor criminal prosecutions, even over the objection of the prosecutor and/or the victim in the case. This means that a judge could effectively halt the prosecution of misdemeanor crimes, including extremely serious offenses that pose danger to the community and to victims. This includes crimes that directly affect the safety and well-being of our communities: Driving Under the Influence (DUI)– Misdemeanor DUI w/ injury; Vehicular Manslaughter w/alcohol but without gross negligence; Crimes of Violence – Elder Abuse; Child Abuse; Assault by Means of Force Likely to Cause Great Bodily Injury; Misdemeanor Hate Crimes; Firearms Offenses – Carrying a Concealed Firearm; Carrying a Loaded Firearm in Public; Bringing a Deadly Weapon to a Courthouse, or State or Local Public Building; Possession of a Firearm in a School Zone and Dissuading a Witness or Crime Victim from reporting a crime or testifying and Criminal Threats.

“The District Attorney’s Office has long supported diversion and other alternatives to prosecution under appropriate circumstances. We continue to agree with the court and the defense in allowing diversion when it is reasonable given the facts of the case and in consideration of the rights of the victim,” states DA O’Malley. “This bill, however, goes too far in diverting very serious criminal conduct out of the justice system over the objection of the prosecutor and without the agreement of the victim.”

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Price gouging investigation results in civil judgement, contribution of face masks to food bank & Medical services

Continuing efforts to combat unlawful price gouging during the coronavirus pandemic, District Attorney Nancy O’Malley announced today that her office resolved a civil action against a local retailer known as Save-On Supplies, based in Dublin. On April 3, 2020, Governor Newsom issued an executive order that prohibits a business from selling consumer products that it did not sell before the pandemic emergency for more than 50% over its wholesale costs.

In this case, after receiving complaints about high prices, the District Attorney found that Save-On was charging more for face masks, including surgical masks and KN95 masks, than allowed by the Governor’s order. For example, consumers reported that Save-On was charging $120 for a pack of 20 KN95 masks and $125 for a pack of 50 disposable masks. The investigation revealed that the markup for these products was far in excess of the amount allowed under the order.

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Bill to Compel Gun Industry to Adopt New Safety Features Advances

Legislation would strengthen Unsafe Handgun Act, making way for microstamping technology and new safety features

Sacramento, CA—On July 31 legislation sponsored by District Attorney Nancy O’Malley and authored by Assemblymember David Chiu (D-San Francisco) aiming to reduce gun fatalities by requiring the gun industry to produce handguns with greater safety features passed the Senate Public Safety Committee. Assembly Bill 2847 would strengthen the Unsafe Handgun Act (UHA) and open up the use of microstamping technology in order to solve firearm-related crimes. The bill is cosponsored by the Brady Campaign to End Gun Violence.

“This law will have a direct and lasting effect in the fight to end gun violence. California’s cities and neighborhoods are plagued by shootings and AB 2847 provides a smart and realistic tool to identify firearms and prosecute gun crimes. The unique microstamp on each handgun will allow law enforcement and district attorneys to identify criminals and hold them accountable. It is imperative that we do all we can to stop the seemingly endless horror of gun violence in our state,” says DA O’Malley. “I thank Assemblymember Chiu for authoring this legislation as well as our cosponsors, the Brady Campaign.”

Read more in full press release here