Jul 23, 2024 | Press Release
DA Pamela Price Announces Radius Recycling, Inc. Faces Fines of Up to $33 Million Following Historic Indictment for Crimes Related to 2023 Oakland Fire
Criminal indictment returned against corporation and two managers for causing environmental disaster.
July 23, 2024
OAKLAND, CA— Today, Alameda County District Attorney Pamela Price announces that on June 28, 2024, the Alameda County Criminal Grand Jury issued a ten-count indictment against Radius Recycling, Inc. (formerly Schnitzer Steel), along with company managers Daniel Woltmann and Dane Morales. The charges stem from crimes related to a two-day scrap metal fire that happened on August 9-10, 2023, at the company’s West Oakland metal-shedding facility.
The unsealed indictment alleges that Radius/Schnitzer, Mr. Woltmann, and Mr. Morales committed numerous felony health and safety code violations, including recklessly emitting an air contaminant that caused great bodily injury or death and knowing or reckless treatment, handling, disposal, or storage of hazardous waste in a manner causing an unreasonable risk of fire, explosion, serious injury, or death. Mr. Woltmann and Mr. Morales are also charged with conspiracy to violate California’s Health and Safety Code. Mr. Woltmann is also charged with felony conspiracy to intentionally destroy or conceal evidence, and all defendants are charged with misdemeanor intentional destruction or concealment of evidence, misdemeanor violations of Department of Toxic Substances Control (“DTSC”) and Bay Area Air Quality Monitoring District (“BAAQMD”) regulations, and misdemeanor negligent and reckless release of air contaminants. In total, Radius/Schnitzer is charged with eight offenses, Mr. Morales with nine, and Mr. Woltmann with all ten offenses in the indictment.
As alleged in the indictment, the investigation revealed that in the days leading up to the fire, Radius/Schnitzer continued to accumulate scrap metal containing hazardous wastes despite equipment failures, knowingly storing materials in unsafe conditions.
“This Grand Jury indictment represents the results thus far of my Office’s nearly year-long investigation, which we publicly announced days after the fire in August 2023.”, stated District Attorney Pamela Price. “Under my leadership, the District Attorney’s Office will not let corporate criminals who poison vulnerable communities for profit get off with a slap on the wrist. This was the third major fire at Radius’s West Oakland metal shredding facility in five years. For far too long, polluting industries like Radius have shrugged off regulations when it was convenient to them, treating minor administrative fines and civil penalties as the cost of doing business, resulting in a terrible legacy of environmental racism in Alameda County. Today, we say that ‘business as usual’ is over.. We will investigate and prosecute corporate criminals who hurt the people of Alameda County, no matter how large or well-funded these wrongdoers may be.”
If convicted on all counts and allegations in the indictment, Radius/Schnitzer’s potential criminal fine ranges from $625,000 to over $33 million, while Mr. Woltmann’s potential criminal fine ranges from $625,000 to over $31 million, and Mr. Morales’s maximum possible criminal fine is over $1,000,000. Additionally, each of the felonies with which Mr. Woltmann and Mr. Morales are charged is punishable upon conviction with a maximum sentence of three years in the County Jail.
The investigation is being led by Deputy District Attorney Gabriel Markoff of my reformed Consumer, Environmental Protection, and Special Prosecution Unit, with support from other Deputy district attorneys and District Attorney’s Inspectors. “Our investigation continues,” said District Attorney Pamela Price, “and we again urge any members of the community whose health suffered because of the fire to come forward and tell their stories to my Office’s investigative team at askcjb-da@acgov.org or 510-383-8600.”
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Contact: damedia@acgov.org
The Alameda County District Attorney’s Office (DAO) is one of California’s largest prosecutors’ offices and is led by Alameda County’s first Black woman District Attorney Pamela Y. Price. Price brings her vision to this office to fairly administer justice in the pursuit of thriving, healthy, and safe communities for every person who steps foot in Alameda County, no matter their race, gender, religion, sexual orientation, income, or zip code. Price has been recognized as one of the most progressive prosecutors through her forward-thinking, innovative strategies to interrupt cycles of violence and crime and bring change to a criminal justice system rooted in systemic racism. Follow Madam DA on Instagram, Twitter, and Facebook, and @AlamedaCountyda on Twitter, Instagram, and Facebook.
Jul 17, 2024 | Press Release
Jury Delivers Guilty Verdict to Jamaal Thomas for the Murder of Miles Armstead
July 17, 2024
OAKLAND, CA —Today, Alameda County District Attorney Pamela Price announced that prosecutors obtained a conviction against Jamal Thomas (47) for the murder of Miles Armstead. The jury deliberated for one day and found the defendant guilty of first-degree murder for the shooting death of Mr. Armstead. Mr. Thomas was also found guilty of assault with a deadly weapon and possession of a firearm by a felon with priors. The conviction also includes a gun enhancement.
The testimony and evidence presented at trial showed that on May 1, 2020, Mr. Armstead was running away from Mr. Thomas when the deadly shooting occurred. The incident was preceded by months of verbal attacks by Mr. Thomas against Mr. Armstead and his family, which had escalated to rock and brick throwing through the windows of the victim’s home. At the time of his death, Mr. Armstead was doing landscaping on his house to prepare it for sale because of the harassment by Mr. Thomas. Neighbors identified the defendant as the shooter.
“I first want to thank the jury for their diligent work in delivering this guilty verdict,” said DA Pamela Price. “I also want to thank our entire prosecution team, including Deputy District Attorney Nathan Feldman, DAO Inspector Jason Turner, Victim-Witness Advocates Erica Chavis, Fabiola Guitierrez, and Mayra Canales. We recognize this horrific tragedy leaves a wife without a husband and her children without a father and a community forever traumatized by this unacceptable and vicious attack on an unarmed man.”
Mr. Thomas faces 36 years and 9 months to life in prison. Sentencing is set for August 13, 2024, in Department 8 at the René C. Davidson Courthouse in Oakland.
Contact: damedia@acgov.org
The Alameda County District Attorney’s Office (DAO) is one of California’s largest prosecutors’ offices and is led by Alameda County’s first Black woman District Attorney Pamela Y. Price. Price brings her vision to this office to fairly administer justice in the pursuit of thriving, healthy, and safe communities for every person who steps foot in Alameda County, no matter their race, gender, religion, sexual orientation, income, or zip code. Price has been recognized as one of the most progressive prosecutors through her forward-thinking, innovative strategies to interrupt cycles of violence and crime and bring change to a criminal justice system rooted in systemic racism. Follow Madam DA on Instagram, Twitter, and Facebook, and @AlamedaCountyda on Twitter, Instagram, and Facebook.
Jul 16, 2024 | Press Release
DA Pamela Price Announces Motions for Resentencing of Three Death Penalty Cases Under Review by the Alameda County District Attorney’s Office and Establishes an Ethical Ombudsperson Office
July 16, 2024
Oakland, CA — Today, Alameda County District Attorney Pamela Price announced that motions have been filed requesting the resentencing of the death penalty convictions for Ernest Dykes, Keith Thomas, and Gregory Tate. Two of three death penalty cases were tainted by prosecutorial misconduct during their trials in the 1990s.
Back in April, U.S. Federal Judge Vince Chhabria directed the ACDAO to review death penalty cases after it was discovered that in the 1993 murder trial of Ernest Dykes, Black and Jewish jurors were tracked and excluded from serving on death penalty cases. Mr. Dykes was sentenced to death in the killing of nine-year-old Lance Clark and the robbery of Ms. Bernice Clark. In this case, a settlement was reached, which contemplates Mr. Dykes being released on parole in mid-June of 2025 after being on death row for 31 years. The hearing on the stipulated motion is scheduled for August 13, 2024.
Keith Thomas was convicted in 1997 for the kidnapping, rape, and murder of Francia Young. He was 19 years old when these crimes were committed. He has served 31 years on death row. A motion to resentence Mr. Thomas has been filed and is scheduled to be heard on Wednesday, July 17, 2024.
Gregory Tate was sentenced to death in 1993 for the murder of Sarah LaChapelle. A resentencing motion was filed to remove him from death row and to be resentenced to life without the possibility of parole. His hearing is scheduled for August 16, 2024.
“Regarding the cases for Mr. Dykes and Mr. Thomas, the prosecutors’ behavior appears to have undermined the integrity of the convictions,” said District Attorney Pamela Price. “The practice of excluding people from jury service based on their race, religion, or sexual orientation constitutes a betrayal of the public’s trust. I want to take this opportunity to apologize to the surviving family members of Lance Clark, Sarah LaChapelle, and Francia Young on behalf of the Alameda County District Attorney’s Office. I want to also apologize to the Black, Jewish, and LGBTQ+ communities and to the public for what appears to be inappropriate, racist, homophobic, and sexist conduct by some of the prosecutors in this office.”
Today, DA Pamela Price also announced to her staff the launch of a new Ethics Ombudsperson Office at the ACDAO. This is a natural extension of the ACDAO’s work supporting Alameda County’s Grand Jury in its ombuds role investigating local government to ensure public agencies are working in the best interests of the public. The launch of the Ethics Ombudsperson Office is a testament to District Attorney Pamela Price’s commitment to government transparency and accountability to the community. It is the first of its kind in California District Attorneys’ offices.
The structure of the Ethics Ombudsperson Office is informed by the Code of Ethics and Standards of Practice of the International Ombuds Association (IOA) and is further modeled on The Northern District of California (NDCA) Ombudsperson Program through which attorney members of the NDCA Bar may confidentially communicate feedback and concerns regarding the Court or individual judges. The goal of the Ethics Ombudsperson Office is to prevent the unethical practices that have been unearthed inside the ACDAO. It will be led by Assistant District Attorney Kwixuan Maloof, who will serve as the office’s Ombudsperson and report directly to District Attorney Pamela Price.
Contact: damedia@acgov.org
The Alameda County District Attorney’s Office (DAO) is one of California’s largest prosecutors’ offices and is led by Alameda County’s first Black woman District Attorney Pamela Y. Price. Price brings her vision to this office to fairly administer justice in the pursuit of thriving, healthy, and safe communities for every person who steps foot in Alameda County, no matter their race, gender, religion, sexual orientation, income, or zip code. Price has been recognized as one of the most progressive prosecutors through her forward-thinking, innovative strategies to interrupt cycles of violence and crime and bring change to a criminal justice system rooted in systemic racism. Follow Madam DA on Instagram, Twitter, and Facebook, and @AlamedaCountyda on Twitter, Instagram, and Facebook.
Jul 15, 2024 | Press Release
Alameda County District Attorney Pamela Price Announces Conviction in $359,720 Real Estate Fraud Elder Abuse Case
July 15, 2024
Oakland, CA— Alameda County District Attorney Pamela Price announces the conviction of Asher Turgeman (53), who pled no contest to felony elder abuse in connection with an extensive real estate fraud case involving an elderly victim with dementia.
The investigation revealed that the victim hired the defendant to install solar panels on the roof of one of her properties. The defendant then ingratiated himself with the victim, gaining her trust and eventually taking over all her finances. Acting as both a realtor and a general contractor, the defendant is alleged to have convinced the victim to sell most of her properties. During the escrow process Turgeman submitted fraudulent invoices for work that was never performed. This scheme allowed him to steal over $359,720 from the victim.
The scheme was uncovered when the victim began to receive notices in the mail that her bills were not being paid. She then told her friends, who had been very suspicious of the defendant. The friends looked through her bank accounts and then called the police.
“This theft would not have been uncovered if it weren’t for the hard work of the victim’s friends, the assistance of the Berkeley Police Department and the DA’s Real Estate Fraud team, including our inspector, deputy district attorney, and forensic auditor,” said District Attorney Pamela Price. “This teamwork was able to bring major compensation to the victim and accountability to the defendant.”
Turgeman will be sentenced to four months of electronic home detention and placed on probation for two years. As part of the plea deal, Turgeman provided a $200,000 cashier’s check as a first payment toward the full restitution. He will be required to pay the remaining $159,720 in restitution during the two years of his probation period. The sentencing will take place on September 9, 2024, at the East County Hall of Justice in Dublin, Department 705.
Contact: damedia@acgov.org
The Alameda County District Attorney’s Office (DAO) is one of California’s largest prosecutors’ offices and is led by Alameda County’s first Black woman District Attorney Pamela Y. Price. Price brings her vision to this office to fairly administer justice in the pursuit of thriving, healthy, and safe communities for every person who steps foot in Alameda County, no matter their race, gender, religion, sexual orientation, income, or zip code. Price has been recognized as one of the most progressive prosecutors through her forward-thinking, innovative strategies to interrupt cycles of violence and crime and bring change to a criminal justice system rooted in systemic racism. Follow Madam DA on Instagram, Twitter, and Facebook, and @AlamedaCountyda on Twitter, Instagram, and Facebook.
Jul 12, 2024 | Press Release
Alameda County District Attorney Pamela Price Charges Father for Alleged Mass Shooting of Family Members
July 12, 2024
OAKLAND, CA— Today, Alameda County District Attorney Pamela Price announced that Shane Parrish Killian (54) was charged with multiple felonies for allegedly fatally shooting four of his family members and wounding a fifth relative.
The defendant, Killian, is charged with four counts of murder, one count of attempted murder, corporal injury to a relationship partner, elder or dependent adult abuse, infliction of injury, possession of an assault weapon, and possession of an unconventional pistol.
The complaint alleges that on or about July 10, 2024, the defendant intentionally discharged a firearm that caused the deaths of three adults and one child and the wounding of another child.
“This is an unimaginable act of violence that leaves us all heartbroken for this family and for community members traumatized by this in the City of Alameda,” said DA Pamela Price. “Domestic violence is an insidious problem in our society, which is exacerbated with deadly consequences when there are guns in the home. My office stands ready to seek justice on behalf of the victims and their loved ones.”
If convicted and sentenced of all charges, Shane Parrish Killian could face more than 100 years in prison.
Contact: damedia@acgov.org
The Alameda County District Attorney’s Office (DAO) is one of California’s largest prosecutors’ offices and is led by Alameda County’s first Black woman District Attorney Pamela Y. Price. Price brings her vision to this office to fairly administer justice in the pursuit of thriving, healthy, and safe communities for every person who steps foot in Alameda County, no matter their race, gender, religion, sexual orientation, income, or zip code. Price has been recognized as one of the most progressive prosecutors through her forward-thinking, innovative strategies to interrupt cycles of violence and crime and bring change to a criminal justice system rooted in systemic racism. Follow Madam DA on Instagram, Twitter, and Facebook, and @AlamedaCountyda on Twitter, Instagram, and Facebook.
