2021

FORMER OPD CAPTAIN WAS SENSLESSLY ATTACKED Oct 23, 2021

Alameda County Distirct Attorney Nancy E. O'Malley and the entire staff of the District Attorney's Office condemn the attack on Ersie Joyner, a former Oakland Police Captain who was senselessly attacked and shot while being robbed. The DA's Office has worked closely with Captain Joyner over his years at OPD and most recently, through CEASEFIRE. We continue to pray for his full recovery and our thoughts are with his family, who have our full support.

Online Portal for Survivors to Track Sexual Assault Kits Oct 13, 2021

Alameda County District Attorney Announces Governor Newsom signed Legislation Requiring Online Portal for Survivors to Track Sexual Assault Kits

SACRAMENTO — Alameda County District Attorney Nancy E. O’Malley announced that legislation sponsored by her office that will help survivors of sexual assault track their sexual assault evidence kits, was signed into law by Governor Gavin Newsom.

Senate Bill 215, authored by Senator Connie Leyva, creates a new victim portal in California’s existing sexual assault kit tracking system, the Sexual Assault Forensic Evidence Tracking (SAFE-T) database. Survivors of sexual assault will be able to anonymously, and electronically, track and receive updates regarding the status, location, and information of their sexual assault evidence kit. The sexual assault kit tracking system, with its secure victim access portal, allows the survivors to control when they obtain critical information about the status and location of their kits.

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People v. Damone Haynes and Anthony Rhodes Oct 12, 2021

On October 9, 2021, a jury found defendant Damone Haynes guilty of first-degree murder for the death of Charles Billings.

On July 26, 2019, Billings was seated inside his van, which was parked along the curb on Bancroft Avenue in Oakland. Haynes and two other men had gone to buy heroin from Billings. They pulled up in a vehicle and approached the van. Haynes shot at the victim twice which caused Billings to fall out of his van and into the street. Haynes continued to shoot Billings five more times while Billings was in the street. He was pronounced dead at the scene.
Prior to Billings being shot,

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People v Willis Franklin Oct 8, 2021

On October 7, 2021, a jury found defendant Willis Peter Franklin Jr. guilty of multiple counts of sexual abuse and molestation of female relatives that had been ongoing for decades.

Franklin, 62, was convicted of: continuous sexual abuse of a child under 14, two counts of lewd acts upon a child under 14, forcible oral copulation, forcible rape, two counts of felon in possession of a firearm and felon in possession of ammunition.

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Protecting Victims of Revenge Porn Oct 7, 2021

Alameda County District Attorney Announces Bill Protecting Victims of ‘Revenge Porn’ Signed by Governor Newsom

SACRAMENTO — Alameda County District Attorney Nancy E. O’Malley announces that a groundbreaking piece of legislation sponsored by the office was signed into law by Governor Gavin Newsom to help victims of “revenge porn” have more time to report the abuse.
Senate Bill 23, authored by Senator Susan Rubio, extends the statute of limitations for invasion of privacy cases, commonly referred to as “revenge porn.” The statute will be extended to one year from the time that the victim discovers any images or intimate materials posted—rather than a year from their posting.

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CHARITY SCAM ALERT Oct 6, 2021

Beware of Charity Scams

Tragedies like earthquakes and wildfires can bring out the best in people, with many seeking to help victims with financial donations. Unfortunately, this also provides scammers with opportunities to take advantage. Consider taking steps to protect yourself from charity fraud and ensure that your donation goes to those who need it.

  • Other sources such as Charity Navigator and CharityWatch can provide information about how specific charities operate and how they use their donations.
  • Beware of telephone solicitations. Avoid providing credit card numbers or other personal information to unknown callers. Don’t rely on caller ID as scammers can make calls look like they come from specific organizations.
  • Avoid donating by wire transfer, cash, gift card, or virtual currency. Instructions to use payment methods like these are red flags of a scam. Pay instead by credit card or check.
  • Watch out for donation requests posted to social media that contain sentimental pleas but provide few details about the organization. Don’t assume the solicitation is legitimate just because it was shared by a friend.

Report possible charity scams to:

DEFENDANT PLEADS TO TWO MURDER CHARGES IN FATAL DUI LIVERMORE CASE Sep 22, 2021

Defendant faces 15 years to life in prison

DUBLIN – Alameda County District Attorney Nancy E. O’Malley announced today that defendant Lauren Davis plead to two counts of second-degree murder for the deaths of two people—16-year old Violet Campbell and 25-year old Alexys Garcia.

On November 22, 2017, the night before Thanksgiving around 11:30 p.m., the defendant was driving her Kia SUV east on Stanley Boulevard in Livermore. She lost control of the SUV, careening off the right side of the road and rolled over several times.

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PEOPLE V JOSEPH AMES Sep 20, 2021

On September 17, a jury found defendant Joseph Ames guilty of two felony violations of corporal injury to a relationship partner.

The domestic violence occurred in July 2017 and February 2018 in Union City. In July 2017, the defendant became angry and started destroying items in the household. When Jane Doe went to record him to show him what he looked like when he was angry, the defendant took the phone from her and assaulted her. He slammed her head into the wall, picked her up and slammed her back into the kitchen table, and choked her. She went to the hospital to treat her injuries.

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BAY AREA DEFENDANTS CHARGED WITH FELONIES FOR INSURANCE WORKERS COMPENSATION FRAUD Sep 20, 2021

Owners of Painting and Construction Companies Charged in $5 Million Workers’ Compensation Fraud Scheme

OAKLAND, Calif. — The Alameda County District Attorney’s Office, along with the California Department of Insurance, announce that charges have been filed against multiple suspects in an organized insurance and workers’ compensation fraud scheme that defrauded insurance carriers over $5 million in estimated losses.

Former owners of Signature Painting and Construction Inc, Eric Andrew Oller and Brian Christopher Mitchell, were each charged with one felony count of conspiracy to commit a crime, six counts each of felony insurance fraud and two counts of workers’ compensation fraud. SPC is based in Walnut Creek, but operates throughout the Bay Area.

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PEOPLE V CHRISTIAN KELLING Sep 16, 2021

On September 15, 2021, a jury found Christian Kelling, 24,of Fremont, guilty of the second-degree murder of a 17-year-old Damani Chadly.

On December 4, 2018 at approximately 11 P.M. the two victims met the defendant in Fremont to engage in a transaction for four ounces of marijuana for $400.00. The victims contacted the defendant through Snapchat and had planned to pay for the marijuana with counterfeit bills. After the sale was made, and as the victims were driving away, the defendant discovered the bills were counterfeit.

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PEOPLE V ZACHARIA GRUBBS Sep 2, 2021

People v R Zacharia Grubbs

On September 1, 2021 a jury found defendant R Zacharia Grubbs guilty of first-degree murder for the death of Andre Margain. He was also convicted of shooting at an inhabited dwelling and being a felon in possession of a firearm.

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FORMER SAN LEANDRO POLICE OFFICER SENTENCED FOR GRAND THEFT Sep 2, 2021

Robert Sanchez fraudulently received over $16,000 for overtime he didn’t work

OAKLAND, CA -- The Alameda County District Attorney’s Office announces that former San Leandro Police Sgt. Robert Frank Sanchez was sentenced Sept. 1, 2021 to two years of felony probation, 240 hours of community service and ordered to pay a maximum of $46,815.88 in restitution stemming from grand theft from the police department.

In 2019 and 2020, the defendant held the position of Professional Standards Administrative Sergeant, where he managed San Leandro Police Department’s timekeeping and payroll systems. By using his administrative privileges and the trust placed in him in this role, the defendant approved personal overtime for time he did not work. He also added his unauthorized overtime and compensatory time hours directly into the payroll system, and edited the payroll systems to credit back vacation, sick and compensatory time already used.

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COVID RELATED PHISHING Aug 30, 2021

Pandemic-related email scams are on the rise with the increase in delta variant COVID cases and COVID vaccinations. Beware of unsolicited emails that direct you to click a link or open an attachment. These could be “phishing” attempts by bad actors seeking to steal personal information or install malware.

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PEOPLE V OXANE TAUB Aug 27, 2021

On Aug. 26, 2021, a jury found defendant Oxane Taub guilty of 20 counts-- from felony charges of stalking, dissuading a witness, and attempted child abduction to misdemeanor counts for violating protective orders and child molest.

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JUDGE SENTENCES FORMER SHERIFF’S DEPUTIES TO PRISON Aug 18, 2021

Defendants convicted of assault by a public officer and dissuading a witness

OAKLAND-- Today, two former Alameda County Sheriff’s deputies convicted of assaults against jail inmates that included the throwing of feces and urine, were each sentenced to four years and four months in prison.

Justin Linn and Erik McDermott agreed to plead as charged to 11 felony counts each, including 10 counts of assault by a public officer and one count dissuading a witness by threat or force for incidents that occurred in 2016.

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DA O’MALLEY ISSUES STATEMENT ON AG ANNOUNCEMENT TO REVIEW OSCAR GRANT CASE Aug 17, 2021

In October 2020, the family of Oscar Grant contacted District Attorney Nancy O’Malley, asking her to re-examine the involvement of former BART Officer Anthony Pirone. In response, DA O’Malley assembled a team of highly experienced attorneys to conduct an exhausted review of the facts and evidence surrounding the events that led to, and resulted in Mr. Grant’s death.

The team then analyzed the statues governing the law of murder, manslaughter and any other crimes that could apply. They looked at any applicable legal doctrine, and case law, as each applies to the facts and the evidence.

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TERRY WILEY AND ANNIE ESPOSITO APPOINTED AS CHIEF ASSISTANT DISTRICT ATTORNEYS Aug 13, 2021

Our office is pleased to announce the promotions of Terry Wiley and Annie Esposito as Chief Assistant District Attorneys.

Terry Wiley joined the office in 1989 and has tried challenging felony cases including the case of three Oakland Police Officers known as “the Riders.” He has served on the board of the National Black Prosecutors Association, the National Bar Association, the Board of the California District Attorneys Association, and worked with the National District Attorneys Association.

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PEOPLE V DAVID MARTIN, EDUARDO BINIANO LOPEZ Aug 13, 2021

People v. David Martin, Eduardo Bibiano-Lopez

On Aug. 10, 2021 a jury found defendants David Martin and Eduardo Bibiano-Lopez guilty of first-degree murder for the death of Jose Magdaleno Lechuga, who was killed in his home on November 13, 2018.

On Nov, 14, 2018, Lechuga, 51, was found inside his home in Oakland, bound from head to legs toe with duct tape. His entire head including his nose and mouth were covered in duct tape. His legs and wrists were bound with duct tape, and a white rope had been used to tie his upper body. The victim was pronounced dead by medical personnel at the scene, having suffocated from having his airways blocked by the tape. Mr. Lechuga’s son found the victim, after having hired a locksmith to open the front door when he couldn’t get in touch with his father throughout the day.

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PEOPLE V SEAN JETTER Aug 11, 2021

On August 10, 2021, a jury found defendant Sean Jetter, 58, guilty of 12 counts including aggravated sexual assault of a child, sodomy of a child under 10 years old and oral copulation of a child under 10 years old.

The defendant met John Doe’s mother on a dating website. Doe was the youngest of his siblings, which ranged in age from 4 years old to 13 years old. John Doe’s mother and the defendant were married within a year, where he became the step-father to Doe and his siblings. The entire family then moved into the defendant’s home in Hayward.

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DA ANNOUNCES “GREENWASHING” SETTLEMENTS Aug 11, 2021

DISTRICT ATTORNEY NANCY O’MALLEY ANNOUNCES “GREENWASHING” SETTLEMENTS WITH CHEWY, PETCO, PETSMART, AND TARGET

Today, Alameda County District Attorney Nancy E. O’Malley announced that her office, with 22 other District Attorney’s Offices in California, resolved “greenwashing” cases with Chewy, Inc., PetSmart LLC, Petco Animal Supplies, Inc., and Target Corporation. The cases were based on allegations that the companies sold dog waste bags and other plastic products to California residents, which were marketed with misleading environmental claims regarding their biodegradability.

“Dog lovers who care about the environment are often targeted by deceptive advertising about the environmental benefits of certain single-use plastic bags,” said DA O’Malley. “These settlements are a win for California consumers who want accurate information about the environmental impact of the plastic bags and other plastic products they buy.”

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PEOPLE V MARIUS DANTE ROBINSON Aug 6, 2021

On August 5, 2021, a jury convicted Marius Dante Robinson, 48, of the second-degree murder of Robert Ellis Coleman, 43.

On July 2, 2020, at approximately 4:30 p.m., the defendant’s wife got into a verbal argument with Mr. Coleman at a grocery store near the corner of International Boulevard and 74th Avenue. After the argument, Mr. Coleman left the area. However, the defendant’s wife walked home to 74th Avenue and told the defendant about the argument. In response, the defendant armed himself with a .45 caliber semiautomatic firearm and went out in search of Mr. Coleman. Video surveillance showed the defendant searching for Mr. Coleman on foot in the area of the grocery store where the argument occurred. That surveillance showed the defendant “clutching” the waist of his pants where the apparent outline of a gun was visible.

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OAKLAND CHINATOWN CHAMBER OF COMMERCE PRESS CONFERENCE Jul 26, 2021

Alameda County District Attorney Nancy O’Malley spoke at a press conference on July 26 to address the recent uptick in violence against members of Asian American Pacific Islander community.

“My office continues to stand with our community in denouncing the hate-motivated violence that is committed against Asian Americans and the AAPI community,” said District Attorney O’Malley during the press conference in Oakland’s Chinatown.

“These perpetrators are ruthless, and they are aggressive, particularly in the streets of Chinatown thinking they are immune from being caught. We have to put a stop to that. We must work together to identify, arrest and prosecute these perpetrators that are particularly preying on elder Asian Americans and on members of the AAPI community before another death, injury, or trauma occurs,” she said.

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PEOPLE V FRED BATES SR. Jul 26, 2021

On July 22, 2021, a jury found defendant Fred Bates Sr., 64, guilty of attempted murder of a 52-year-old woman.

The attempted murder occurred on Oct. 13, 2019 on International Boulevard in Oakland. The female victim was shot in the upper left arm and her right eye. She testified during the trial.

The victim said she was driving to the homeless encampment on the 1200 block of 42nd Avenue to see fiends. She saw Bates and the two got into an argument over drugs. When she began to walk away from the conversation, Bates took out a gun and shot her once in the left arm.

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CHIEF ASSISTANT DA KEVIN DUNLEAVY APPOINTED AS JUDGE Jul 21, 2021

We’re proud to announce Alameda County District Attorney’s Office own Chief Assistant District Attorney Kevin E. Dunleavy has been appointed by Governor Newsom as a judge to the San Mateo County Superior Court.

Soon-to-be Judge Dunleavy has had a successful career with the District Attorney’s Office spanning 33 years. He’s served as Chief Assistant DA since 2009 and previously held the position of Senior Deputy DA, serving as the Director of Recruitment and Development in the hiring and training of new lawyers for the office. The first part of his career focused on trial work, including multiple tours of trying homicides and serious felonies.

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PEOPLE V DAVID ARIAS Jul 13, 2021

On July 12, 2021 a jury found defendant David Arias, 38, guilty of aggravated sex assault of a child--oral copulation and forcible lewd acts upon a child.

The victim, Jane Doe, was around 11 years old during the time of the continuous sexual abuse, which occurred from June 2017 through April 2019 in Oakland when she was in fifth and sixth grades. Arias had a dating relationship with Doe’s mother and most of the abuse occurred when Doe’s mother was not home.

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C.A.R.E.S. Navigation Center Jul 12, 2021

What is C.A.R.E.S.?

When police contact a person suspected of committing a low-level offense, but who may display mental health or substance use struggles, they will be offered transport to the CARES center rather than jail. There, they meet with a peer support specialist and will be assessed by a clinician.

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PEOPLE V EDUARDO GALINDO GARCIA Jul 7, 2021

On July 6, 2021, a jury found defendant Eduardo Galindo-Garcia guilty of the second-degree murder of Joseph Cox, who was fatally shot on June 9, 2018 in a road-rage incident.

The jury also found the defendant guilty of felony shooting at an occupied motor vehicle.

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PEOPLE V. YANG HONG Jun 18, 2021

On June 16, a jury found defendant Yang Hong, 55, guilty of a lewd act with a minor by force.

On Nov. 13, 2016, the female victim was 13 years old; Hong was 50. The victim lived with her father in Fremont, where the defendant was a tenant.

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A JUNETEENTH MESSAGE FROM DISTRICT ATTORNEY NANCY O’MALLEY Jun 17, 2021

The Alameda County District Attorney’s Office is encouraged by the good news that Juneteenth is now a federally-recognized holiday, signed into law by President Joe Biden.

Juneteenth National Independence Day, a day to commemorate the end of slavery in the United States, will become the 12th legal public holiday, the first since Martin Luther King Jr. Day in 1983.

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DA O’MALLEY RESPONDS TO THE RECENT OVERTURNING OF ASSAULT WEAPONS IN CALIFORNIA BY A FEDERAL JUDGE Jun 8, 2021

A federal judge’s recent decision to overturn California’s long-standing ban on assault weapons overturns not only years of state law, but undermines the awareness that assault weapons are used in mass shootings, and not for hunting or personal safety.

“I am so dismayed that a federal judge would overturn California’s ban on assault weapons. No one needs an assault weapon for personal safety and assault weapons are mostly used to commit crimes,” stated District Attorney Nancy E. O’Malley. “With the incidents of mass shootings, we must protect our citizens from others who use assault weapons to inflict massive harm.”

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THE NATIONAL ASSOCIATION OF COUNTIES 2021 AWARD May 26, 2021

Alameda County District Attorney’s Office earns national achievement award for its Certified Peer Support Specialist Program

The National Association of Counties (NACo) granted the Alameda County District Attorney’s Office a 2021 Achievement Award for its Certified Peer Support Specialist Program in the category of Criminal Justice and Public Safety.

District Attorney Nancy E. O’Malley brought the Certified Peer Support Specialist Program (CPSS) to Alameda County to alter the pattern of repeatedly jailing low-level felony offenders and monitoring them through traditional supervision by providing peer support and opportunities for growth. She created a partnership with RI International to bring excellent peer support training and national certification to Alameda County.

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PEOPLE V DEANGELO CORTIJO May 26, 2021

On May 25, 2021, a jury convicted Defendant Deangelo Cortijo of second-degree murder for the killing of Jamad Jerkins, 26, of Oakland, in October 2016.

The jury also found true the special allegation that the defendant personally used a firearm during the commission of the crime.

Cortijo and Jerkins knew one another, as Jerkins had dated his sister. The night of Oct. 24, 2016 Jerkins went over to Cortijo’s sister’s apartment in Oakland as she told Jerkins he could spend the night. The sister told Jerkins she would not have any problems with her brother, Cortijo, who was at her home. But when Jerkins arrived, no one answered the front door.

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PEOPLE V JOSEPH MORALES May 25, 2021

People V Joseph Morales

On May 17, 2021 a jury found defendant Joseph Morales guilty of misdemeanor vandalism for an incident that occurred Nov. 20, 2020 in San Leandro.

At around 3:47 a.m. on Nov. 20, 2020, two victims living in San Leandro woke up to the sound of something on their front screen door. The couple, a man and woman, got out of bed to investigate. As they did, two large river rocks from their front yard came crashing through their bedroom window – one landing on the floor and the other on their bed.

The male victim looked out the window and saw the defendant, his son Joseph Morales.

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June is Elder Abuse Awareness Month May 18, 2021

The Alameda County Board of Supervisors will make a proclamation on
June 15 at 9:30 am.

City councils will be making proclamations on these days:

Day Date Time* Location
Monday May 17 7:00 p.m. San Leandro
Tuesday May 25 6:00 p.m. Berkeley
Tuesday June 1 7:00 p.m. Hayward
Tuesday June 1 7:00 p.m. Dublin
Monday June 7 7:30 p.m. Albany
Tuesday June 8 7:00 p.m. Fremont
Thursday June 10 7:00 p.m. Newark
Monday June 14 7:00 p.m. Livermore
Tuesday June 15 7:00 p.m. Pleasanton
Tuesday June 22 7:00 p.m. Union City

Most of the proclamation events listed will be held on Zoom. Contact the city’s Clerk’s Office for the Zoom access information.

Nancy O’Malley Statement May 18, 2021

To the Alameda County Board of Supervisors, County and City Elected and Appointed Officials, Members of the Alameda County District Attorney’s Office, Residents of Alameda County, Friends and Supporters:

As long as I have been a part of the Alameda County District Attorney’s Office it has been an office that’s focused on doing justice. I’m proud to say that while a lot has changed locally and nationally since I first walked into a courtroom, that guiding principle of doing justice still drives every prosecutor in our office today.

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DA NANCY O’MALLEY ANNOUNCES SHE WILL NOT SEEK RE-ELECTION May 18, 2021

OAKLAND, CA -- After 37 proud years as a member of the Alameda County District Attorney’s Office, District Attorney Nancy E. O’Malley announced Tuesday that she has decided not to seek a fourth term in the upcoming election.

“I could not be more thankful for the career I have had in the best District Attorney’s Office in the state and certainly one of the best in the nation. The overwhelming respect for this Office is widespread and well earned,” DA O’Malley said.

DA O’Malley will complete her term that ends in the beginning of 2023.

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DID YOU KNOW NEWSLETTER 5/7/2021 May 13, 2021

What you will find in the May 7th Newsletter:

  • DA O’Malley and California Department of Justice Announce Guilty Plea to Price Gouging Charges by Alameda County Grocery Store
  • The DA Office has become aware of a scam involving unsolicited emails that are seemingly sent from legitimate, well-established banks and businesses.
  • Guilty Verdict: The People vs Curtys Taylor

An Introduction to NCVRW 2021 May 5, 2021

Know Your Rights: Labor & Exploitation May 5, 2021

Know Your Rights May 5, 2021

A Converstion with Charlotte May 5, 2021

PEOPLE VS. CURTYS TAYLOR May 3, 2021

On April 29, 2021, a jury found Defendant Curtys Taylor guilty of First-Degree Murder and Conspiracy to Commit Murder related to a homicide that took place November, 2016, in Arroyo Viejo Park in Oakland.

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Email Scams Apr 30, 2021

The District Attorney’s Office has become aware of a scam involving unsolicited emails that are seemingly sent from legitimate, well-established banks and businesses. The email encourages recipients to click on a link to win a prize or another type of reward.

PLEASE BE AWARE, these emails are often not from the businesses listed and people who select the reward may be tricked into making unnecessary purchases or expenditures. To prevent these scams, check the sender’s email address to see if it matches the business’s. Often the sender’s email address will not even resemble the business name. Be cautious about clicking links or opening attachments in an email that you are not expecting, especially when the sender’s email address is suspicious. When in doubt, verify the email solicitation by going to the website for the business in question or contacting its customer service telephone number.

Please report potential scam emails or text messages to the FTC at www.ReportFraud.ftc.gov

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A Statement from DA Nancy O’Malley on Guilty Verdicts Against Chauvin For Murdering George Floyd Apr 23, 2021

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GUILTY PLEA TO PRICE GOUGING Apr 19, 2021

Alameda County District Attorney O’Malley and California Department of Justice Announce Guilty Plea to Price Gouging Charges by Alameda County Grocery Store

Under the terms of the plea agreement, grocery store Apna Bazar pleaded guilty to two counts of price gouging and will donate $20,000 to local food bank

SACRAMENTO – Alameda County District Attorney Nancy O’Malley and the California Department of Justice (CADOJ) and today announced a plea agreement with a Pleasanton grocery store for price gouging during the pandemic. Grocery store Apna Bazar pleaded guilty to two counts of price gouging, and will also make a $20,000 donation to the Alameda County Community Food Bank. In May 2020, CADOJ and DA O’Malley announced charges against Apna Bazar for illegally raising the prices of essential food items far beyond the cap imposed under Governor Gavin Newsom’s state of emergency declaration related to the COVID-19 pandemic, which triggered the price gouging protections of Penal Code section 396.

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Raising Leaders Legacy Apr 1, 2021

Raising Leaders is the brainchild of Davita Scott. Years back, Ms. Scott was employed by Hayward Adult Education and was assigned to the Alameda County District Attorney’s Justice Academy. She embraced the value and importance of energizing young people in an academic and social engagement system. The students in Raising Leaders aren’t typical students. They have been in the criminal justice system, foster care and homeless shelters. Many are parents. All of them grew up in poverty and were unable to succeed in traditional school due to tough circumstances and behavioral issues.

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DA’S OFFICE COMBATS ILLEGAL DUMPING IN EAST OAKLAND Mar 30, 2021

A day dedicated to the “Three E’s of Illegal Dumping” in East Oakland: Education, Eradication, and Enforcement

Oakland, CA - Alameda County District Attorney Nancy E. O’Malley announced today the results of the coordinated effort by the Alameda County Illegal Dumping (ACID) Taskforce. The task force is comprised of governmental agencies, community leaders, local businesses, and non-profit organizations.

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Amazon Settlement Mar 29, 2021

Amazon Settles $2 Million Consumer Protection Lawsuit Relating to Reference Price Advertising

Amazon Agrees to Provide Clearer Pricing Information to Customers

Alameda County District Attorney Nancy E. O’Malley announced today that the DA’s Consumer Protection Unit, working with the San Diego, Santa Cruz, Santa Clara, Yolo and Riverside District Attorney’s offices, obtained a multi-million dollar civil judgment in a consumer protection lawsuit against e-commerce giant, Amazon.com. The District Attorney’s complaint alleges that some Amazon reference price advertisements were either misleading, or potentially misleading, to consumers making purchasing decisions.

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Teaunte Bailey Charged with Murder after Elderly Asian Victim of Assault and Robbery Dies Mar 11, 2021

Suspect also charged in earlier 1st degree robbery & assault

Oakland, CA- Alameda County DA O’Malley today filed special circumstances murder and multiple serious felony charges against Teaunte Bailey, 26, in connection with crimes committed on two different dates in Oakland, CA.

On March 9, 2021, the defendant assaulted and robbed 75-year old Pak Ho as he took his regular morning walk through his Adams Point neighborhood. In the course of the robbery, the defendant shoved Mr. Ho to the ground. His head hit the pavement and he suffered a traumatic head injury and brain damage. Mr. Ho succumbed to his injuries on March 11th. When the Oakland Police located the defendant later in the day, he recklessly fled in a car through busy Oakland streets but was eventually apprehended.

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Derick Almena Sentenced to 12 Years Prison Mar 8, 2021

Judge sentences Almena, following his January 22nd guilty plea to 36 counts of Involuntary Manslaughter

Oakland, CA- Alameda County District Attorney Nancy O’Malley today announced Derick Almena was sentenced to serve a 12-year split prison sentence for his role in the deaths of 36 individuals from a massive fire that occurred at an Oakland warehouse on December 2, 2016.

On January 22, 2021, Mr. Almena pled guilty as charged to all 36 counts of involuntary manslaughter.

Mr. Almena was the master tenant of the property that later became known as the Ghost Ship. Under his leadership and direction, Mr. Almena transformed the property from a vacant warehouse to a substandard live-workspace that also hosted illegal “raves.”

“Thirty-five out of the thirty-six people who lost their lives in this tragic fire were attending a concert that night. They had no idea just how dangerous the building really was,” explained DA O’Malley. “They went to the Ghost Ship with the expectation of being entertained and returning safely home.”

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PEOPLE V. FREDDIE SMITH Mar 4, 2021

On March 4, 2021, a jury convicted Defendant, Freddie Smith aka Zachary Runningwolf Brown, of two counts of felony vandalism, one count of misdemeanor vandalism, and one special allegation that said crimes constituted a hate crime, in connection to the vandalism of Temple Sinai located at 2808 Summit Street in Oakland, California.

Sentencing has been set for April, 2nd 2021.

DA O’Malley Declines to File Charges Against Chinatown Store Owner Mar 2, 2021

Alameda County District Attorney Declines to File Charges Against Chinatown Store Owner Who Fired Shots at Robbery Suspects

Oakland, CA- Alameda County District Attorney Nancy O’Malley today announced that charges would not be filed against Chinatown liquor store owner Aaron Yee, who last month fired shots at multiple suspects attempting to rob a woman across the street from his shop. The DA is declining to file charges based on Mr. Yee’s justifiable use of force to defend the victim from a violent attack.

“The District Attorney’s Office does not condone vigilantism,” said District Attorney Nancy O’Malley. “However, after a thorough review of the facts of the incident, it is clear that Mr. Yee fired his weapon in lawful defense of the victim of the robbery or what appeared to be a possible kidnapping.”

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PEOPLE V. JEFFREY ANDERSON Feb 22, 2021

On February 16th, 2021, a jury convicted Defendant, Jeffrey Anderson, of two counts of attempted murder, two counts of assault with a semiautomatic firearm, one count of firing from a vehicle, one count of firing into an occupied vehicle, and two counts of felon in possession of a firearm, in connection with a shooting that occurred in the area of 85th and Plymouth Streets in Oakland.

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PEOPLE V. CHRISTOPHER WARE Feb 22, 2021

On February 18, 2021, a jury found defendant Christopher Ware guilty of second degree robbery with personal use of a firearm, an additional second degree robbery, identity theft, possession of a firearm as a convicted felon, and several other firearms and ammunition offenses.

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DA O’Malley Announces Settlement with Best Buy Inc. Feb 19, 2021

Oakland CA- Alameda County District Attorney Nancy O’Malley along with the District Attorneys of Riverside, Santa Barbara and San Diego Counties, announced that a consumer protection action was settled against Best Buy, Inc. The case centered on Best Buy’s price accuracy and return policy. The complaint alleges that Best Buy misrepresented the price of items sold and failed to accurately disclose material aspects of its return policy, among other violations.

“In these difficult economic times, it is even more critical that consumers are not overcharged by businesses like Best Buy,” states DA O’Malley. “My office will continue to protect consumers from price inaccuracy or other business practices that may result in consumer harm, no matter the size of the company.”

The judgment requires Best Buy to institute changes in its business practices to ensure that the problems identified in the complaint do not recur. These include a pricing accuracy program and enhanced disclosures of return policies. Best Buy cooperated in the investigation and, without admitting liability, agreed to pay $558,570.55 in civil costs and penalties and $75,000.00 in restitution. The civil penalties will be used for the enforcement of consumer protection laws.

If you believe you have been the victim of consumer fraud, please file a complaint with my office at this link: https://www.alcoda.org/cewpd/complaint_forms.

DA Announces Groundbreaking Diversion Program Feb 9, 2021

DA O’Malley Announces Program for Individuals with Mental Health and Substance Use Challenges

Oakland, CA- Alameda County District Attorney Nancy O’Malley announced today a groundbreaking partnership that will result in re-direction of qualified individuals who have engaged in criminal conduct from the criminal justice system and into the Behavioral or Mental Health support systems. The program, commonly referred to as the “3-D Program” will initially be a pilot program that will likely expand to all police agencies in Alameda County.

Under the guidelines of the program, when police contact a person suspected of committing a low level offense who is displaying mental health or substance use struggles, he or she will be offered the option of transportation to the Community Assessment, Referral and Engagement Services (CARES) Navigation Center rather than jail.

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DA O’Malley Announces $4.1 Million Settlement with Schnitzer Steel Feb 3, 2021

Oakland, CA- Alameda County District Attorney Nancy E. O’Malley, Attorney General Xavier Becerra, and the California Department of Toxic Substances Control (DTSC) today announced a $4.1 million civil settlement with Schnitzer Steel Industries, Inc. (Schnitzer). The settlement resolves allegations that Schnitzer unlawfully caused hazardous waste from its metal recycling operations to be blown offsite into neighboring properties in West Oakland and the Oakland Estuary. The settlement also resolves claims that Schnitzer violated its air emissions permit and failed to adequately warn the community about exposure to lead and cadmium from the facility.

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Alameda County District Attorney Unveils Billboard Campaign Jan 20, 2021

DA Artwork Selected by OVC to Represent Resiliency of Human Trafficking Survivors

Oakland, CA- District Attorney Nancy O’Malley and Robert Schmitt from Clear Channel Outdoor launched their annual billboard campaign in recognition of Human Trafficking Awareness Month. This year’s theme is “Support Survivors.” DA O’Malley and Robert Schmitt, Regional President of Northern California at Clear Channel Outdoor announced the campaign in a video press conference.

For several years, the DA’s Office has partnered with Clear Channel Outdoor to educate and bring awareness of human trafficking to the Bay Area Community. The billboards were designed and created by DA O’Malley and her team.

“Through the billboard campaign we are able to educate and motivate the community to stop human trafficking,” says DA O’Malley. “As a community, we can come together and provide support for victims and uplift survivors of human trafficking.”

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DA O’Malley Sponsors Legislation to Allow Survivors of Sexual Assault to Track Evidence Kits Jan 13, 2021

Oakland, CA- DA O’Malley today announced introduction of sponsored legislation requiring the creation of an online portal that would allow survivors to receive updates on the status of their sexual assault evidence kits. The portal, which would be added to an existing tracking system used by law enforcement, would allow victims to track the kit anonymously to learn about its location and whether the kit has been tested. SB 215 is authored by Senator Leyva (D-Chino), who has partnered with DA O’Malley in the past on several pieces of legislation advocating for the rights of sexual assault survivors.

“Sexual assault survivors should have the right to know whether their evidence kits have been tested,” said DA O’Malley. “After bravely undergoing an exam after an assault, this bill will provide survivors with the ability to track the kit to ensure that law enforcement is doing their statutory duty to analyze the evidence in a timely manner. I want to thank Senator Leyva for authoring this important legislation as well as co-sponsors the Joyful Heart Foundation and Natasha’s Justice Project for continuing to prioritize the rights of sexual assault survivors.”

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DA Concludes Investigation & Legal Analysis of the Involvement of A. Pirone in Death of Oscar Grant Jan 11, 2021

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