February 2020

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.