2020

DV Awareness October 26, 2020 Oct 23, 2020

October is #DomesticViolenceAwarenessMonth, and we are announcing a collaboration with District Attorneys and U.S. Attorneys from across California, as well as the national nonprofit Childhelp, to share important facts and resources this week. If you or a loved one is experiencing domestic violence, you are not alone.

Local support is here:

Alameda County Family Justice Center
510 267-8800
FVLC 24hr. Mobile Response Team
800 947-8301

#DVAM #DVAM2020 #DomesticViolenceAwareness

En Español

Octubre es el Mes de Concientización de #ViolenciaDoméstica y estamos anunciando una colaboración con Fiscalías de Distrito y Procuradores Federales de todo California, al igual que la organización nacional sin fines de lucro Childhelp, para compartir información y recursos importantes esta semana. Si usted o algún ser querido sufre violencia doméstica, no están solos.

Hay recursos locales aquí:

Centro Familiar de Justicia del Condado de Alameda - 510 267-8800
FVLC 24hr. Mobile Response Team - 800 947-8301

#DVAM #DVAM2020 #DomesticViolenceAwareness

Division of Diversity, Equity and Inclusion Oct 13, 2020

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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Domestic Violence Awareness Month 2020 Oct 6, 2020

10/27 - Wellness Wednesdays

Come join us in a safe space to learn and practice mindfulness techniques. The focus is on self-care to reduce stress and support healing and growth. Take time for yourself.

2nd and 4th Wednesday of each month from 12:15 to 1 pm

Virtual Zoom meeting: Join here
Dr. Joanna Zygmont
ACFJC Trauma Recovery Center
(510) 267-8800


Saturdays in October -Community Conversations

A Safe Space will host virtual discussions guided by members of the African American Domestic Peace Project through the month.

10/24 - Mental Health + Trauma

Save your spot for these conversations here

National Drug Take Back Day 2020 Oct 6, 2020


On October 24, 2020, 10 A.M. to 2 P.M. the DA’s Office will participate in the 19th Drug Take Back Day. This is an opportunity for the community to properly and safely dispose of any narcotics, prescription medications, vaping devices and cartridges and over the counter medications. Pet medications will also be accepted. The Office will also offer education on prevention of potential drug abuse and overdosing, and the proper disposal of medications.

Full list of details on disposing vaping products here

Please note that all COVID-19 safety measures will be followed. Face coverings must be worn at all sites by anyone dropping off medications as well as by those staffing the sites. All social distancing guidelines will be adhered to in order to maintain a minimum of six feet between individuals.

Drug Take Back sites will be at the following locations from 10 A.M. to 2 P.M.

  • Alameda Hall of Justice
    2233 Shoreline Drive
    Alameda, California 94501
  • Alameda County Family Justice Center
    470 27th Street
    Oakland, CA 94612
  • East County Hall of Justice
    5151 Gleason Drive
    Dublin, CA 94568
  • Fremont Hall of Justice
    39439 Paseo Padre Parkway
    Fremont, CA 94538

DAs Announce Expansion of MOU in Nine Bay Area Counties to Respond in The Event of Mass Casualty Oct 1, 2020

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 their 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.

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Governor Newsom Signs Important Legislation, Sponsored by DA O’Malley, to Fight Gun Violence Sep 30, 2020

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.”

“The gun industry has gone to great lengths to avoid implementing microstamping and other life saving tools in California,” said Assemblymember Chiu. “We finally have a mechanism to hold the industry accountable and reduce gun fatalities. Thank you to Governor Newsom for signing this critical policy that will save lives.”

This legislation marks an improvement to the Unsafe Handgun Act (UHA), a law that passed in 1999 to update regulations and close loopholes in federal gun legislation. The UHA was updated in 2007 to require microstamping in two places on all guns manufactured in California. However, the gun industry has not manufactured any new guns in California since this change, and as such Californians have not benefitted from the safety measures implemented in 2007.

Microstamping involves the imprinting of a unique set of characters on the bullet casing when a gun is fired. This set of characters allows prosecution to trace bullet casings to the firearm and therefore the registered owner of the gun used in the crime. The rule changes implemented in 2007 mandated a microstamp in two locations, which gun manufacturers said would be too arduous to implement. This bill ensures that there is at least one microstamp on guns manufactured and sold in California.

Governor signs AB 1927,legislation sponsored by DA Nancy O’Malley Sep 29, 2020

Governor Newsom signed legislation cosponsored by the Alameda County District Attorney’s Office to provide immunity for victims and witnesses of sexual assault from criminal prosecution for the illegal use of alcohol or drugs occurring at the time of the alleged assault. This bill, co-sponsored with the San Diego District Attorney’s office and authored by Assemblymember Tasha Boerner Horvath (D-Encinitas), removes a barrier that might otherwise prevent or discourage victims of sexual assault from seeking justice.

“As District Attorney, I have made it my mission to empower survivors of sexual assault, and today the Governor has taken another step towards that goal,” said Alameda County District Attorney O’Malley. “We know that sexual assault cases are complicated and, in some instances, are intertwined with of drugs and/or alcohol. Survivors will now feel comfortable coming forward, knowing that they will not be charged with these low-level crimes. I want to thank Assemblymember Horvath for authoring and the Governor for signing this important legislation.”

AB 1927 follows in the footsteps of rules adopted by colleges nationwide to protect victims of sexual assault from separate disciplinary action related to drugs or alcohol at the time of the assault. This bill will prevent victims from undergoing the unnecessary trauma of testifying in order to be granted immunity, and hopefully encourage victims to come forward.
“The signing of AB 1927 sends a strong message to the thousands of victims of sexual assault who remained silent – we hear you, we understand your fears, and your stories are valid,” said Assemblymember Boerner Horvath. “For too long, our judicial system has placed unnecessary burdens on victims seeking justice.”

The bill enjoyed bipartisan support in both houses and did not receive any “no” votes throughout the legislative cycle.

DA O’Malley asks Governor to Veto Bill that Threatens Public Safety and Victims’ Rights Sep 16, 2020

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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$1.43 Million Settlement Announced to Address Illegal Dumping of Hazardous Waste Sep 14, 2020

Oakland, Ca - Alameda County District Attorney Nancy E. O’Malley announced today that Alameda County Superior Court Judge Tara M. Desautels has ordered Kelly-Moore Paint Company (Kelly-Moore) to pay $1.43 million as part of a settlement of a civil enforcement prosecution. The judgment resolves allegations that the company violated state laws governing hazardous waste by routinely and illegally disposing of paint colorants, paint, electronic devices, aerosol products, and other hazardous wastes into company waste bins destined for municipal landfills not authorized to accept hazardous waste. The lawsuit also resolves allegations that Kelly-Moore failed to shred customer records containing confidential information before disposal.

“A top priority of my office is the protection of our environment,” states DA O’Malley. “By improperly disposing of hazardous wastes, Kelly-Moore violated California laws designed to safeguard the state’s natural resources. We will continue to investigate and prosecute instances of illegal disposal of hazardous waste in our ongoing effort to preserve and protect the soil, waterways and air that are vital to our health and well-being.”

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DA O’Malley Announces Filing of Voluntary Manslaughter Charges Against San Leandro Officer Sep 2, 2020

Oakland, CA- Alameda County District Attorney Nancy E. O’Malley has announced that her office has file a criminal complaint charging San Leandro Police Officer Jason Fletcher with Penal Code Section 192(a), Voluntary Manslaughter, a felony. The charges are based on the Officer’s use of force resulting in the death of Steven Taylor on April 18, 2020 in the San Leandro Walmart Store.

“The decision to file the criminal complaint was made after an intensive investigation and thorough analysis of the evidence and the current law,” states DA O’Malley. “The work of Police Officers is critical to the health, safety and well-being of our communities. Their job is one of the most demanding in our society, especially in these current challenging times. They are sworn to uphold and enforce the laws.

When there is use of force by a police officer that results in death, the District Attorney's Office conducts an independent and thorough investigation of the facts. We are mandated to apply those facts to California law. The decision must be made based solely on the facts and the current law. Justice demands this process to be done in an unbiased and legally sound manner.”

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Investigation Results in Civil Judgement & Contribution of Face Masks to Food Bank & Med. Services Aug 20, 2020

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.

Without admitting liability, Save-On cooperated in the investigation, and changed its pricing to conform with the order and come into compliance with the law.

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Alameda DA O’Malley Announces New Council Aimed to Address Racism in Justice System Aug 13, 2020

OAKLAND, Calif. (KRON) — Alameda County District Attorney Nancy E. O’Malley issues a statement in response to the murder of George Floyd and announces new council aimed to address and reduce racism in the justice system.

The Alameda County District Attorney’s Fair and Equitable Policing and Prosecution Advisory Council will work closely with O’Malley to seek input and advice to improve its justice system through dialogues with a range of members of the community.

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Bill to Compel Gun Industry to Adopt New Safety Features Advances Jul 31, 2020

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.”

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Charges Filed Against Alameda County Sherriff’s Office Technician and Santa Rita Jail Inmate Jul 29, 2020

The two are alleged to have worked together to bring cell phone and drugs into the jail

On July 29 the Alameda County District Attorney’s Office filed multiple felony counts against ACSO Technician Shannon Taylor and Leonard Jones, an inmate at Santa Rita Jail. The criminal complaint stems from an extensive investigation revealing that defendant Taylor, on multiple occasions illegally brought a cell phone and methamphetamine into the jail and furnished it to defendant Jones. It is alleged that the two were working together- she furnishing the methamphetamine for him to sell in the jail and sharing in the proceeds of the sales.

“Shannon Taylor’s actions not only violate the law, but also the trust the public places in those working withing the justice system,” says District Attorney O’Malley. “My Office will ensure that both defendants are held to account. They not only broke the law, but also put the health and safety of inmates and staff at the jail at risk. It is deeply troubling that an employee of the Sheriff’s Office engaged in this degree of criminal conduct, and I commend the excellent investigation that uncovered the crimes.”

Leonard Jones is in custody awaiting trial on murder charges and is expected to be arraigned on this new case on July 31, 2020. Shannon Taylor was arrested on June 17, 2020. She is out of custody and expected to be arraigned on August 14, 2020.

A copy of the criminal complaint as well as the declarations of probable cause are attached here.

Misd. Sexual Assault Charges Filed Against Varghese Alengadan Jul 17, 2020

After an investigation by the Alameda Police Department, the District Attorney’s Office has filed one count of sexual battery against Varghese Alengadan, also known as Father George, a former priest at St. Joseph Basilica in the City of Alameda. The crime took place in July of 2019, and the victim is an adult.

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Child Abuse PSA- “Teen” Jun 20, 2020

A Message From DA O’Malley on Juneteenth Jun 19, 2020

Today is Juneteenth. This day, June 19, is the annual observation of the end of slavery in the United States in 1865. It is called the second Independence Day in America and is the oldest nationally celebrated commemoration of the ending of slavery in the United States. Juneteenth marks the day on which news of emancipation of those held in slavery reached people in the deepest parts of the former Confederacy in Galveston, Texas, nearly two years after the Civil War. That day confirmed freedom for the last remaining slaves in the deepest parts of the South.

The recent murders of George Floyd, Breonna Taylor, Ahmaud Arbery, and Rayshard Brooks have shined a devastating light on the systemic inequitable treatment of African Americans in our country. For far too many, this is the reality of their lives. But, that reality can no longer be experiences separate from all of us. There is a critical need for structural and systemic improvements within the American justice system. Our office, and each of us with the privilege of working here, share the responsibility of working to eradicate racism, inequities and inequalities against African Americans. We have the duty to ensure that equal protection for all is guaranteed in each interaction with the system.

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Child Abuse PSA- “Alone” Jun 19, 2020

Lyft and Alameda DA’s Office Partner to Provide Free Rides to and from Family Justice Center Jun 15, 2020

The District Attorney’s Office and Lyft have teamed up to provide access to transportation for victims and survivors of domestic violence, human trafficking, elder abuse, and sexual assault with rides to and from the Family Justice Center. The transportation network company will provide access to free rides to those in need of transportation to and from the Center where they will receive vital help and resources.

“We are extremely grateful to Lyft. It takes a company with compassion and a vision to make available this type of community service,” says DA O’Malley. “The services provided at the Family Justice Center are life-changing for many of the victims and survivors who we work with. Access is key, and this partnership will ensure that anyone who needs us has a secure mode of transportation to and from the Center.”

“We want to fill mobility needs for those who need it most and we thank District Attorney O'Malley for her leadership in finding ways to help survivors of intimate partner and sexual violence get to secure locations, like the Alameda County Family Justice Center” said Traci Lee, Senior Public Policy Manager, Lyft. “By working together with leaders like DA O'Malley, we can continue to activate LyftUp and provide transportation access to those who need it.”

The Alameda County Family Justice Center is made up of over 30 onsite and over 50 offsite agencies and programs that provide services and support to individuals and families who have experienced domestic violence, sexual assault and exploitation, child abuse, elder and dependent adult abuse, and stalking. It is located at 470 27th Street in Oakland.

In order to access the ride from Lyft:

Call 510 267-8800 to reach a navigator at the Family Justice Center. The navigators have the codes from Lyft and will either make the code available or arrange for the ride.

CarMax Settles Environmental Protection Lawsuit Brought on by CA District Attorneys Jun 11, 2020

Alameda County District Attorney Nancy O’Malley announced today that her office, along with 16 other District Attorney’s Offices in California, settled an environmental protection action against CarMax Auto Superstores California, LLC. The settlement was based on the unlawful handling and disposal of various hazardous materials and hazardous wastes. The action was filed in Orange County Superior Court.

There are two CarMax facilities in Alameda County- one in Fremont and one in Pleasanton. The Alameda County DA’s Office conducted waste inspections at both locations and uncovered systemic violations of the management and disposal of hazardous waste items and confidential customer information.

“Today’s settlement is a win for the environment,” states DA O’Malley. “I want to make it very clear to any business operating in Alameda County and the state of California: there is no excuse for improper disposal of hazardous waste. You put us all at risk when you pollute our soil and our waterways. The state as well as local district attorneys will continue to work together to investigate and bring to justice businesses that ignore our important environmental protection laws.”

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DA O’MALLEY ISSUES STATEMENT ON KILLING OF GEORGE FLOYD AND ENSUING PROTESTS May 31, 2020

Mr. George Floyd, an unarmed, handcuffed African American man, was mercilessly and brutally killed by Derek Chauvin, a white police officer. It is hard to understand why Chauvin was employed by the Minneapolis Police Department, as it has been revealed that he had at least 18 prior incidents of misconduct known to the Department leaders. Only after the senseless killing of Mr. Floyd did the Chief of Police fire Chauvin.

On behalf of and with the members of my Office, I extend our deepest condolences to Mr. Floyd’s family, friends and his community. We join those who raise their voices against police brutality, racism and inequity.

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DA O’Malley & Claire Bidwell Smith-Coping With Axiety & Grief During COVID-19 May 30, 2020

DA O’Malley Makes Statement Re: Safe Reopening of Businesses, Including Tesla May 14, 2020

During this unprecedented period of time, the Alameda County District Attorney’s Office has been and continues to support the Alameda County Public Health Department and local police agencies in ensuring compliance with shelter in place orders. Those orders are intended to protect the health and safety of all members of our community. The Health Department has been working with businesses, including Tesla, to ensure that they can reopen safely consistent with the current orders and the best available science. We will continue to support the Health Department in its efforts and will offer any assistance that may be required. Any and all complaints are being directed to the Alameda County District Attorney Consumer Protection Division. Each and every complaint received will be followed up.

“We applaud all members of the community, especially local businesses, for abiding by the Health Officer’s orders, and look forward to the gradual and safe reopening of business” stated Nancy O’Malley, Alameda County District Attorney.

How and Where to Get Help About COVID-19 Concerns for Residents in Skilled Nursing Facilities May 11, 2020

Many residents of skilled nursing facilities (“SNFs”), like many of their families and friends, are concerned with the spread of COVID-19 and the impact it has had on those facilities. The Alameda County District Attorney’s Office and the Alameda County Public Health Department recognize that these are unprecedented times and that this novel coronavirus is of serious concern for those with loved ones living in these facilities.

The DA’s Office created a guide in hopes of providing useful and direct information, contacts and resources that may aid in addressing such concerns. Included are key points of contact for concerns and/or grievances, as well as resources for residents and their families.

View/download the resource guide here

Note: Information is current as of May 7, 2020 and any changes will be updated.

DA O’Malley and Atty Gen. Becerra Announce Price Gouging Charges Against Grocery Store Owner May 7, 2020

On May 7, Alameda County DA O’Malley and California Attorney General Xavier Becerra announced that their offices have jointly filed a nine-count misdemeanor complaint charging Apna Bazar, a large grocery store in Pleasanton, and Rajvinder Singh, the store’s owner, with price gouging. This prosecution marks the first ever price gouging action in Alameda County.

Customers began voicing complaints about the increase in prices of food items at the Pleasanton store shortly after the state of emergency was declared in California. A chorus of complaints from shoppers reached the DA’s Office through phone calls, e-mails and postings on social media platforms.

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Help Stop Hate Crimes in Alameda County May 2, 2020

Grocery Stores and Retailers Now Equipped with Posters on How Victims of Violence Can Get Help Apr 29, 2020

Posters offer resources for domestic violence and child abuse.

DA O’Malley’s innovative idea has lead to a collaboration with the California Retailer Association and the California Grocers Association. Posters providing information regarding resources for victims of domestic violence and child abuse will be posted in grocery stores and other retail stores that remain open throughout the county.

“During the Shelter-in-Place we have a heightened sense of concern for the safety victims of violence in the home. Victims suffering from interpersonal abuse and child abuse may be unable to call for help or report the crimes,” says DA O’Malley.

We encourage any person who is being victimized or is in fear to call or text 911, or reach out to a agency listed on the resource poster. We also ask neighbors, friends and community members to “hear, see, suspect, and report”. You may be saving a life.

Download hi-res poster here...

DA O’Malley and Statewide DAs Announce Vital Info. for Victims During COVID-19 Crisis Apr 29, 2020

The District Attorneys of Alameda, Los Angeles, Sacramento, San Diego and Santa Clara counties have released a two-part Zoom podcast to provide resources and hope during the pandemic to victims of domestic violence, child abuse, elder abuse and sexual assault.

During the current COVID-19 crisis and the ongoing shelter-in-place orders, victims and survivors of sexual abuse, domestic violence, child abuse and elder abuse may not know where go or where to find help. District Attorney’s offices throughout the state are ready to provide needed services, assistance and guidance for crime victims and survivors.

In part one, DA Nancy O’Malley (Alameda County), DA Jackie Lacey (Los Angeles County), DA Anne Marie Schubert (Sacramento County), DA Summer Stephan (San Diego County) and DA Jeff Rosen (Santa Clara County) share vitally important information regarding victim’s rights and how their offices are working to protect victims and provide them with resources and services during the shelter-in-place order.

Part One: View on YouTube Elected DAs, Peace Over Violence, on Serving Victims Podcast

In part two, Peace Over Violence Executive Director Patricia (Patti) Giggans joins the discussion to raise awareness about domestic violence, sexual assault and the importance of Denim Day.

Part Two: View on YouTube Elected DAs Denim Day Podcast

Denim Day is April 29, a date to raise awareness and seek justice for victims and survivors of sexual assault.

1981 Cold Case: Special Circumstance Murder Charged Apr 28, 2020

The Alameda County District Attorney’s Office has filed murder charges against Jewel Collins for the 1981 killing and sexual assault of a 16-year-old girl in West Oakland.

On the morning of December 24, 1981, the victim was found in a dirt lot next to Lowell Park. She suffered fatal stab wounds and showed signs of having been sexually assaulted. Biological evidence collected at the time of the murder was later matched to the defendant when Nevada uploaded his DNA profile to the national database in 2019.

“The Oakland Police Department and the FBI never gave up on solving this tragic killing,” says DA O’Malley. “The young victim’s family has had to endure decades of grief and we hope that this prosecution will provide at least a sense of closure and relief that justice will be served.”

"FBI San Francisco assisted the Oakland Police Department with this investigation as part of the FBI’s Cold Case Initiative in Oakland. The FBI has dedicated federal resources, such as forensic lab services, to help OPD and the Alameda County DA’s office bring justice to families who have suffered the ultimate loss."

The defendant was serving a prison sentence in Nevada at the time this case was charged. He has been extradited from Nevada to California to face this charge in Alameda County. The defendant arrived in Alameda County from Nevada on Friday, April 17, 2020. By law, he has the right to have his trial begin within 120 days of his arrival, however, today he waived that right and the matter was set for entry of plea of May 8, 2020.

The defendant was arraigned on April 24 and is represented by the public defender.

Victim Rights Week-A Special Message From DA Nancy O’Malley Apr 28, 2020

DA O’Malley Makes Statement on Release of Individuals from Santa Rita Jail Apr 9, 2020

Since the COVID-19 crisis began, this office has worked together with all justice partners to take dramatic steps to reduce the number of individuals detained in custody at Santa Rita Jail. The District Attorney has been working diligently for weeks with the public defender, defense attorneys and the justice partners to systematically release individuals who do not pose a risk of harm to the community or to a victim of crime. We have met at least twice a week, if not more, and remain in constant contact with staff at the Public Defender’s Office.

Ultimately, regardless of the actions of the DA or defense, it is the Judge who makes the final decision whether someone will be released.

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Updated and Expanded Price Gouging Protections Apr 6, 2020

District Attorney Nancy O’Malley asks Alameda County residents to be on the lookout and report COVID-19 related price gouging under the broader protections ordered by Governor Newsom on Friday, April 3, 2020. Under the Executive Order, it is illegal for a person or business to charge more than 10% above the asking price regularly charged on or before February 4, 2020. The following products are included in the order:

  • Food items
  • Consumer goods
  • Medical or emergency supplies

A person or business may charge more than 10% higher of the previous price if there has been an increase in cost from a supplier.

A person or business that is selling a new product cannot charge an unconscionably excessive price – defined as 50% more than what was paid to the supplier or 50% more than the cost of producing and selling the item.

These protections are in place from April 4, 2020, until September 4, 2020.

“These broader protections will enable help prosecutors throughout the state to safeguard the public during these uncertain times. Attorneys and Inspectors in the Alameda County DA’s office are actively following up on leads to investigate and eliminate price gouging at local supermarkets, pharmacies, and other businesses. The Governor’s order allows us to continue to protect consumers and ensure a level playing field for businesses who are supporting the community at large,” said District Attorney O’Malley.

Hate Crimes and Hate Speech During COVID-19 Crisis Apr 4, 2020

During this period of unprecedented crisis, standing together and supporting each other as a community has never been more important. We are the 4th most diverse county in the United States. The sudden increase in hate fueling speech and criminal acts targeted against members of the Asian community, particularly against Chinese Americans, who live and work in Alameda County is entirely intolerable. As a community, we are better than this.

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Horse Racing at Golden Gate Fields Deemed Non-Essential Apr 2, 2020

The District Attorney’s Office received a complaint from a concerned citizen on April 1, 2020 who informed us that horse racing was continuing at Golden Gate Fields in Albany, CA. The DA’s Office informed the County Public Health Officer Dr. Erica Pan, who determined that horse races operations are non-essential and that it was impossible to maintain proper social distancing during the race.

Inspectors from DA’s Office delivered the message by phone to David Duggan, General Manager of Golden Gate Fields. He was extremely cooperative and immediately responsive to the Public Health Officer’s order. He indicated racing would cease immediately.

“The District Attorney’s Office is working alongside all county partners to keep our communities safe and to flatten the curve,” states DA Nancy O’Malley. “It is vital that every one of us – businesses and individuals alike – practice social distancing and, whenever possible, stay at home. This is how we will save lives.”

Today’s races were immediately cancelled, as are future races scheduled during the current “Shelter in Place”.

The Public Health Officer indicated that Minimum Business Operations could continue, including exercise and care of the horses on their property.

The DA’s Office Warns the Public to Beware of Scammers During this Time of Crisis Mar 20, 2020

Here are some tips:

  • Think before you click: stay away from unknown sources that could download a virus onto your computer or device.
  • Be skeptical of callers from unknown numbers or prerecorded messages that ask you for information like your address, credit card information, social security number or other personal information.
  • Ignore offers for vaccinations or other treatments from individuals or unknown companies.
  • Do your homework when it comes to donations to charities claiming to help the crisis.
  • Be alert to “investment opportunities.” The U.S. Securities and Exchange Commission (SEC) is warning people about online promotions, including on social media, claiming that the products or services of publicly-traded companies can prevent, detect, or cure coronavirus and that the stock of these companies will dramatically increase.
  • Phishing emails or text messages may appear to be from companies you know and trust, such as banks, credit card companies, and online stores. Scammers may use legitimate company logos and slight variations of email addresses to fool unsuspecting victims.
  • Never click on a link in an email or text message that you were not expecting.
  • Never provide personal information such as passwords, account numbers, or social securities numbers over the Internet in response to an email or text message you were not expecting.
  • Ensure that your computer’s security software is up to date.

In order to report an apparent scam or fraudulent claim please email the DA’s Consumer Protection Division at askcepd-da@acgov.org

People v. David Shivers Mar 16, 2020

On March 16, 2020, a jury convicted David Shivers of second degree murder for the killing of Rodney Lee, based on the events of December 12, 2017 when the defendant shot Mr. Lee, killing him.

That afternoon, Mr. Lee went to meet a friend and double-parked at Apgar Street and West Street in Oakland. Mr. Lee was outside of his car and speaking with his friend when the defendant asked him to move his car. Mr. Lee refused and after approximately 3 minutes, the defendant approached Mr. Lee again. When Mr. Lee refused to move his car, the defendant punched Mr. Lee and then shot Mr. Lee once in the chest. The defendant fled the scene. The jury rejected the defendant’s claim of self-defense at trial. The defendant was additionally convicted of being a felon in possession of a firearm regarding the same incident.

The case was prosecuted by DDA Malisha Jones with the assistance of Inspector Carl Bonner and Victim Witness Advocates Marina Hammergren and Liliana Bueno.

The defendant will be sentenced on June 12, 2020.

Apartment and Home Rental Scam Alert Mar 10, 2020

In this tight housing market, scammers are out there looking to take advantage of unwitting renters. DA Nancy O’Malley wants anyone in the rental market to be cautious when looking to rent an apartment or house. Be vigilant and aware of warning signs and red flags.

1. THE PRICE IS TOO LOW – Scammers will try to entice potential victims with below market pricing on an apartment. Often, a below market price will be explained away with emergency circumstances, such as international relocation or foreign job opportunities.

2. THE PROPERTY IS NOT BEING SHOWN – Beware of situations where you are not given the opportunity to see the property. This is a red flag that either the property doesn’t exist or that the person does not have legal access to the property. Also be suspicious of a person who will meet you outside of a property but won’t show you the inside. This is also an indication that the person does not have the legal right to rent the property.

3. A DEPOSIT IS REQUIRED BEFORE YOU CAN SEE THE APARTMENT – Anytime someone wants you to electronically transfer money, whether by app, wire, money order, or prepaid debit card, you should automatically be skeptical. Once the money is transferred, it is almost impossible to get the money back. You should not be charged a fee to see a property, and never send a deposit for a property that is “sight unseen.”

People in the housing market can safeguard themselves by taking a few easy steps.

1. Avoid listings that priced significantly below market and seem like a “deal.”

2. Make sure you can tour the outside and inside of any property before you rent it.

3. Never send money electronically if you have not seen a property, even if you have signed a lease for it.

4. Get the name, address, and phone number of the person you’re dealing with and do a basic internet search of the person and property to see if things match up.

If you encounter a suspicious listing or have been the victim of a rental scam, please contact the Alameda County District Attorney’s Office at 510-383-8600 or make a complaint online at https://www.alcoda.org/cewpd/complaint_forms

People v. Roosevelt Vines Jr. Mar 6, 2020

On March 6, 2020, a jury found defendant Roosevelt Vines Jr. guilty of first degree murder with gun allegations, guilty of being a felon in possession of a firearm at the time of the murder, and guilty of dissuading /intimidating a witness.

On August 27, 2018, at 3:43 p.m. defendant Vines shot and killed victim Mario Thomas one time in the left temple. The defendant committed this act in broad daylight in the parking lot of the 7100 block of International Boulevard in Oakland. Vitim Thomas was a homeless man who regularly frequented the area. Defendant Vines set out that day to “gather information” regarding the murder of Esau Davis the night before. Defendant Vines sought out victim Mario Thomas knowing he would likely have information related to the murder the night before. Defendant had a brief discussion with victim Mario Thomas and then pulled out the loaded 9mm gun, pointed it at Mario’s head, and pulled the trigger ending Mario’s life.

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Alameda County DA O’Malley Warns Against Price Gouging During State of Emergency Mar 4, 2020

DA Nancy O’Malley has issued a stark warning to all Alameda County merchants that her office will be vigilant in investigating and prosecuting cases of price gouging while Alameda County is under a State of Emergency due to the novel Coronavirus. She also encouraged Alameda County residents to report any instances price gouging when shopping for consumer goods or medical supplies. Price gouging refers to sellers trying to take unfair advantage of consumers during an emergency or disaster by greatly increasing prices for essential consumer goods and services.

“The law prevents businesses from profiteering when we are in a state of emergency. All residents of Alameda County must continue to have access to necessary supplies, especially when the community’s health is at stake. My office will ensure that businesses adhere to the law and do not exploit consumers that are trying to protect themselves and their families,” says District Attorney O’Malley.

California’s anti-price gouging statute, Penal Code Section 396, prohibits raising the price of many consumer goods and services by more than 10% after an emergency has been declared. Both Governor Gavin Newsom and the Alameda County Public Health Department have declared a state of emergency because of the spread of COVID-19.

The price gouging law applies to any person or business selling goods or services including consumer goods, food and drink items, emergency supplies, medical supplies, storage, emergency cleanup materials. The Governor’s Proclamation of a State of Emergency explicitly states that price gouging protections will remain in effect through September 4, 2020.

Violations of the price gouging statute are subject to criminal prosecution that can result in one-year imprisonment in county jail and/or a fine of up to $10,000. Violators are also subject to civil enforcement actions including civil penalties of up to $5,000 per violation, injunctive relief, and mandatory restitution.

The Alameda County District Attorney’s Office is committed to protecting consumers during this emergency. The office will investigate and can prosecute individuals or businesses who have engaged in illegal price gouging. Anyone who has been the victim of price gouging, or who has information regarding potential price gouging, is encouraged to immediately file a complaint with the District Attorney’s Office by emailing pricegouging@acgov.org or by calling (510) 383-8600. For more information on price gouging, please see the Attorney General’s website (https://www.oag.ca.gov/consumers/pricegougingduringdisasters)

People v. Carlton Broussard Feb 20, 2020

On February 20, 2020, a Jury found defendant Carlton Broussard guilty of two counts of first-degree murder with gun allegations, and Special Circumstances for the January 20, 2015 double murders of Donald Ward and Marcus Sims. Mr. Broussard was also convicted of second-degree robbery for the January 25, 2015 robbery of the “Smoke Shop” in Brentwood. Ca. He was also convicted for being a felon in possession of a firearm.

On January 20, 2015, at around 5:30 pm, Oakland Police Officers were dispatched to 10th Street and Campbell Street for a 911 call of shots fired where they discovered victim Marcus Sims lying face down on the pavement suffering from apparent gunshot wounds just outside the driver side door of a 1988 Dodge Caravan, while a second victim, Donald Ward, was inside the van and nonresponsive, suffering from gunshot wounds to the leg and torso where he was pronounced dead at the scene. Expanded rifle rounds were recovered near the vehicle. Emergency personnel arrived on scene to assist giving aid and transported Mr. Sims to Highland Hospital in Oakland where he then succumbed to his injuries.

On March 15, the Oakland Police Department received eye-witness testimony from a Mr. Garcia stating that he saw defendant Carlton Broussard, the night of the murder, shoot Marcus Sims in the leg while then standing over Donald Ward and executing him with a rifle.

Mr. Broussard’s ex-girlfriend, Ms. Grayson testified that on the day of the murder she saw defendant stand in the middle of 10th street holding a large firearm. She saw Broussard stop the van, order the men to the ground. As she turned to walk away, she could hear gunfire. She also admitted both she and Broussard left the state after the murder. She also confirmed to speaking to Broussard over the phone while he was in Florida and sending him money. Carlton Broussard was convicted of all charges.

The case was heard in front of the honorable Judge C. Don Clay. The defense attorney was Steven Avilla. Carlton Broussard was sentenced on August 17, 2020.

The case was prosecuted by DDA Jimmie Wilson and DA Inspector Eric Karsseboom with the assistance of Victim-Witness Advocate Stephanie Lynch. This superior investigation was completed by members of the Oakland Police Department. Specifically, the lead investigation for this case was Lieutenant Robert Rosin.

DA O’Malley and Asm. Bauer-Kahan Announce Bill to Expand Enforcement Actions on Utility Companies Feb 18, 2020

Alameda County District Attorney Nancy O’Malley, Assemblymember Rebecca Bauer-Kahan (D-Orinda), California State Senators Steve Glazer (D-Orinda) and Jerry Hill (D-San Mateo), have announced the introduction of The Utility Accountability and Wildfire Prevention Act of 2020, AB 2356.

AB 2356 will expand enforcement authority to the Attorney General and local District Attorneys to bring an action against an electrical corporation for failure to comply with current safety standards, regulations and requirements. Currently, only the California Public Utilities Commission (CPUC) has this authority.

District Attorney O’Malley is the sponsor of the bill. “California must face the reality that climate change will continue to pose massive threats of wildfires throughout the state. We cannot afford to be complacent. This bill allows local District Attorneys and the Attorney General to enforce laws requiring utilities to take all necessary measures to ensure their equipment is safe and well maintained. As District Attorneys, our job is to ensure the safety of our communities. This legislation gives us the tools to prevent further catastrophic loss of life and property by ensuring utility companies abide by the laws,” stated DA O’Malley.

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A Public Forum for Seniors Feb 6, 2020

NOTE: THIS PROGRAM HAS BEEN POSTPONED UNTIL A LATER DATE, TBD

PROGRAMS FOR SENIORS

Join your neighbors & friends to identify gaps in services you or other seniors/dependent adults have experienced in Alameda County. Share your ideas for lessening/eliminating those gaps.

At the end of the forum, a drawing will be held for two $5.00 Safeway gift cards. Free parking located nearby. The Hayward BART station is ½ block away from City Hall.

When:

MARCH 17, 2020
10:30 AM TO 11:45 AM

Where:

HAYWARD CITY HALL
Council Chambers
777 B Street, Hayward

Questions? Contact DDA Cheryl Poncini – cheryl.poncini@acgov.org

Alameda County DA O’Malley Announces $7.5 Million Settlement with Walgreens Feb 3, 2020

Alameda County District Attorney Nancy E. O’Malley has announced that her office, along with the District Attorney of Santa Clara County, settled a consumer protection action against Walgreen Co. (“Walgreens”). The judgment was filed in Alameda County Superior Court.

As alleged in the complaint, the district attorneys brought this action following the discovery that Walgreens had employed an individual by the name of Kim Thien Le as a pharmacist at multiple bay area pharmacy locations for over a decade, even though she was not licensed by the Board of Pharmacy.

“This case serves as a cautionary tale for every health care provider that hires people into positions requiring a professional license,” District Attorney O’Malley says. “The burden is on the company to make sure its employees are properly licensed and to complete a thorough background check. My office will be vigilant in protecting consumers and enforcing licensing laws.”

The complaint alleges that Walgreens failed to vet Ms. Le thoroughly when it promoted her to positions requiring a license and failed to make sure that its internal systems were strong enough to prevent an employee from evading them. The complaint alleges that Ms. Le performed one or more of the pharmacist-required steps for over 745,000 prescriptions, including over 100,000 prescriptions for controlled substances.

Ms. Le’s employment with the company ended in or about October 2017. She has since been criminally charged by the California Attorney General’s Office with false personation and related felonies. Ms. Le pleaded not guilty to the charges and her case is pending. (People v. Kim Thien Le, Alameda County Docket #19-CR-011517, filed July 25, 2019.)

Once this matter came to light, Walgreens took immediate steps to re-verify the licenses of its pharmacy employees around the country and instituted other remedial measures.

The civil judgment requires Walgreens to ensure licensure compliance by implementing a verification program, posting proof of licensure, conducting annual audits, and submitting an annual compliance report. The judgment also requires Walgreens to pay approximately $7.5 million in penalties, costs and remedial payments.

DA O’Malley Partners with NAACP to Clear Some Criminal Records Jan 30, 2020

HAYWARD, CA (Castro Valley Patch) - Alameda County District Attorney Nancy O'Malley joined with the NAACP on Wednesday January 30 to announce a program aimed at helping people convicted of certain crimes go through a process for getting their convictions dismissed from the record.

Speaking at a news conference at Hayward City Hall, O'Malley said her office would staff Saturday drop-in workshops at the Hayward Public Library to help people fill out and complete petitions for dismissal.

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Lifting Barriers Workshops Jan 29, 2020

The District Attorney’s Office, in coordination with the Hayward South Alameda County NAACP, launched a program to provide a clear and straightforward process for eligible individuals to request dismissal of prior criminal convictions.

“We know that a prior conviction on a person’s record can have a huge impact on his or her ability to move forward in life. The District Attorney’s Office is proud to partner with the NAACP to help pave a path towards a life free from the roadblocks resulting from a criminal history,” says DA O’Malley.

The District Attorney’s Office will staff two Saturday drop-in workshops at the Hayward Public Library to assist individuals in filling out and completing petitions for dismissal. The only pieces of information that will be needed at the workshops are a full name, date of birth and PFN (personal file number). District Attorney staff will be able to look up prior cases and conviction information. Blank petitions will also be available at the NAACP Office in Hayward. The NAACP will be able to assist individuals in filling out and completing the petitions, which will then be delivered to the DA’s Office.

Once the District Attorney’s Office reviews the petitions, staff will contact the individuals seeking dismissal, will allow eligible individuals to waive appearance in court, and will submit the petitions to the court for review and dismissal.

Click here to view important applicant information for dismissal

The two workshop dates will be February 8 and 15 from 10am to 2pm at the Hayward Public Library located at 888 C Street in Hayward.

Alameda County DA O’Malley and Hayward South NAACP Launch: Lifting Barriers Towards a Clean Slate Jan 29, 2020

HAYWARD, CA - On January 29, 2020 the District Attorney’s Office, in coordination with the Hayward South Alameda County NAACP, launched a program to provide a clear and straightforward process for eligible individuals to request dismissal of prior criminal convictions.

“We know that a prior conviction on a person’s record can have a huge impact on his or her ability to move forward in life. The District Attorney’s Office is proud to partner with the NAACP to help pave a path towards a life free from the roadblocks resulting from a criminal history,” says DA O’Malley.

The District Attorney’s Office will staff two Saturday drop-in workshops at the Hayward Public Library to assist individuals in filling out and completing petitions for dismissal. The only pieces of information that will be needed at the workshops are a full name, date of birth and PFN (personal file number). District Attorney staff will be able to look up prior cases and conviction information. Blank petitions will also be available at the NAACP Office in Hayward. The NAACP will be able to assist individuals in filling out and completing the petitions, which will then be delivered to the DA’s Office.

Once the District Attorney’s Office reviews the petitions, staff will contact the individuals seeking dismissal, will allow eligible individuals to waive appearance in court, and will submit the petitions to the court for review and dismissal.

Click here to view important applicant information for dismissal

The two workshop dates will be February 8 and 15 from 10am to 2pm at the Hayward Public Library located at 888 C Street in Hayward.

2020 Human Trafficking Awareness Billboard Campaign Jan 8, 2020

Alameda County District Attorney Launches New Campaign Designed to Engage All Community Members in the Fight to End Human Exploitation and Trafficking

2020 Human Trafficking Awareness Month and Campaign

“TAKE THE PLEDGE”

Alameda County District Attorney Nancy E. O’Malley, Robert Schmitt, Regional President, and Bruce Qualls, Vice President, Clear Channel Outdoor Real Estate and Public Affairs Clear Channel Outdoor, have unveiled a new campaign to combat human trafficking in all forms. The campaign is called “TAKE THE PLEDGE”. It invites and challenges members of the community to declare their support of the efforts to combat human trafficking and exploitation. “TAKE THE PLEDGE” will be presented on Clear Channel billboards and bus shelters which are visible throughout Alameda County. The Campaign aims to mobilize the public, to heighten community awareness and education and to let people know how they can support the fight against human trafficking. Members of the community can click on the “TAKE THE PLEDGE” icon on HEATWatch.org and register their support. They can also learn how they too, can support the efforts of the many activists and abolitionists working to end human trafficking.

The Alameda County District Attorney’s Office and Clear Channel Outdoor have collaborated for many years to deliver education and awareness to communities throughout Alameda County and the greater Bay Area. January 2020 is National Human Trafficking Awareness Month. “TAKE THE PLEDGE” is a way to start the new decade with determination and action aimed at stopping both commercial sexual exploitation and commercial labor exploitation.

The 2020 campaign consists of billboards and bus shelters visible in neighborhoods and from roadways throughout the Alameda County. The billboard’s message “TAKE THE PLEDGE” challenges every member of the community to play a role in putting an end to modern-day slavery. The billboards drive internet traffic to the DA’s Human Trafficking website, where one can take the pledge anonymously and, in addition, sign up for text and/or e-mail alerts with messages detailing ways to become involved in the fight. From heightening understanding and education, to starting campus clubs and participating in events and actions, there will be something for everyone. To “TAKE THE PLEDGE” simply click on the icon at HEATWatch.org. By doing so, individuals are showing the community’s support to ending human trafficking.

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