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September/October 2011      

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From the Office of the Alameda County District Attorney

Nancy E. O'Malley, District Attorney

Officer Recognition Awards
2011 Officer Recognition Awards
OPD Sergeant Rick Andreotti, DDA Charles Wilson and DA Nancy O'Malley.
On October 10, 2011, Alameda County District Attorney Nancy E. O'Malley presented her Office's annual Officer Recognition Awards to ten members of our law enforcement community. The recipients, nominated by deputy district attorneys, were commended for their outstanding investigations and tireless dedication. Each nominee's work assisted in the successful prosecution of a serious case during the past year.

Award recipients came from many agencies: the Alameda County Sheriff's Office, Livermore Police Department, Oakland Police Department and the California Department of Insurance.

Read more about the cases in which the officers received their commendations....

Settlement Reached in Hazmat Case

Con-way Freight Inc. and YRC Inc., two national trucking companies, have entered into settlements regarding alleged violations of California Hazmat transportation laws. The actions were filed in Alameda County and both companies independently stipulated to judgments without admitting liability. Each trucking company is now subject to an injunction that redefines the company's procedures for responding to citations for Hazmat 

transportation violations. Each has agreed to pay costs and/or penalties of $50,000 to the County as well as contribute $50,000 to the California Highway Patrol's Hazardous Substance program for training and equipment purchase.

 
The District Attorney's Office brought this case out of concern about the frequency with which Hazmat inspections throughout the trucking industry result in citations. Data maintained by the Federal Motor Carrier Safety Administration (FMCSA) showed that over a two-year period, for a number of companies, random Hazmat inspections in California revealed placarding, documentation or load securement problems well over 10% of the time. Load securement violations create a hazard for our citizens. First-responders rely upon the placarding and shipping papers to know the nature of the Hazmat materials on board and the necessary precautions and procedures to follow in the event of an accident.

DA O'Malley's Legislative Initiatives

District Attorney Nancy O'Malley continued her legislative work in 2011, working with lawmakers and testifying on behalf of five bills recently signed into law by Governor Jerry Brown:

  • AB 90 (sponsored by Assemblymember Sandre Swanson) expands the criminal enterprise conduct of child sexual exploitation and human trafficking. Prosecutors can seize and forfeit money and property obtained by traffickers in the commission of the crime, and the funds used to assist commercially sexually exploited minors.
  • SB 26 (sponsored by Senator Alex Padilla) criminalizes the smuggling and possession of cell phones and other wireless communication devices in California prisons. 
  • SB 534 (sponsored by Senator Ellen Corbett) guarantees that all victims of sexual assault have access to forensic medical exams at no cost to the victim. This bill brings California into line with federal regulations and ensures California received millions of dollars in  federal money under the Violence Against Women (VAWA) Act.
  • SB 622 (sponsored by Senator Ellen Corbett) requires sex offenders convicted in other states to register in California.
  • SB 557 (sponsored by Senator Christine Kehoe) recognizes Family Justice Centers as a model for community response to domestic violence, sexual assault, child sexual exploitation and abuse, human trafficking and elder abuse. 

Alameda County is highlighted as a model in SB 557, and we will be a center for measuring outcomes and identifying best practices for all communities in California. 

 

In addition to approving SB 26, Governor Brown issued an executive order extending the scope of the Bill.  

 

DA Nancy O'Malley said, "Each one of these bills will serve to keep Californians safer, and protect the rights of crime victims." 

9th Annual Day of Remembrance 

The 9th Annual Day of Remembrance was held on October 28, 2011, to honor deceased victims and survivors of domestic violence. 

 

DA Nancy O'Malley speaks at the 9th Day of Remembrance
DA Nancy O'Malley speaks at the 9th Annual Day of Remembrance

Fourteen agencies providing domestic violence resources and counseling services, including the Alameda County Family Justice Center, were onsite to provide advice and information. The Alameda County Silhouette Project, the Children's Art Project and a photo exhibit were also on display. The event included the reading of the names of those individuals who have been victims of domestic homicide beginning with year 1996, personal testimony from a victim of domestic violence, and the sounding of the Day of Remembrance Memorial Bell. 

 

Remembering those who have died as a result of domestic violence.

District Attorney Nancy E. O'Malley says, "At the Day of Remembrance, we honored the memories of those individuals who have been murdered as a result of domestic violence and we reaffirm our commitment to end domestic violence in Alameda County. Working together to address this issue, we have seen domestic homicides in our County drop from 20 in 1996, to 3 in 2010. Three is still too many, and our work is not done."

Speakers Bureau Members Educate Middle Schoolers on Cybersafety  

Responsibilities of a good digital citizen: safety, ethics, and securit

In late October, two members from our new Speakers Bureau gave a 

presentation on cybersafety to 1,000 students at Hopkins Junior High in Fremont. 

 

They were joined by two speakers from McAfee, and encouraged students to be more aware of the implications of their computer activity, particularly on social media sites.  

 

Read more about the presentation...

 

If you are interested in hosting a speaker from the District Attorney Office at your next community meeting, class or function, please visit our Speakers Bureau page to register your interest.

Felony Convictions in Foreclosure Scam
On October 31, 2011, Alan David Tikal, owner of Las Vegas-based 'KATN Trust', was convicted of two felony counts related to a massive foreclosure rescue scam. 
 
"The convictions are the result of a year-long investigation and prosecution by the Alameda County District Attorney's Real Estate Fraud Unit," stated O'Malley. "The resolution of this matter will help make the victims in this case whole by allowing them to seek full restitution for their losses, while also sending a strong message to con artists that the Alameda County District Attorney's Office will aggressively prosecute any schemes which seek to defraud homeowners."
 
Community Health Fair
A representative from our Victim-Witness Assistance Division
On October 8, representatives from our Victim-Witness Assistance Division attended the SAVE (Safe Alternatives to Violent Environments) Family Day and Community Health Fair. Our representatives spoke with many people about how the DA's Office and their Division can help victims of crime. 

If you are interested in finding out how we can help you as a victim of crime, please visit the Victim & Witness Services page on our website, or call
(510) 272-6180.
 
DA O'Malley Appointed to State Committee
Governor Jerry Brown has appointed DA Nancy O'Malley to the California State Advisory Committee on Juvenile Justice and Delinquency Prevention. 

We congratulate her on the appointment. 

From the Courtroom 

 

Felony Verdicts - October 2011   

  • On October 28, 2011, a jury convicted Pierre Joenell Goins of second degree murder with an enhancement for discharge of a gun causing death, and possession of a firearm by a felon. On July 8, 2009, at 4:00 am, Goins shot Julius Batiste in the back four times in Batiste's apartment. Batiste and his girlfriend, Latasha Odom, had been preparing for her son Andre's 10th birthday the following day, blowing up balloons and hanging streamers. The couple's two year old daughter, Julianna, was sleeping in the bedroom. Odom's cousin, Bianca Hernandez, brought a new boyfriend of hers, Pierre Goins, with her to Odom's house. Goins met Batiste for the first time at the front door and they appeared to get along. After several hours of playing dominoes and cards, smoking marijuana and drinking alcohol, Batiste stood up from the table where they had been playing cards and walked towards the kitchen. Goins then stood up, pulled a loaded revolver from his pocket, and shot Batiste in the back four times at close range. Goins fled the scene and was arrested the following day in Stockton with the murder weapon and another loaded revolver. The prosecutor was DDA Joe Goethals.
  • On October 20, 2011, a jury found defendant Rodney Jamaar Smith guilty of one count of forcible rape, three counts of forcible oral copulation, and one count of forcible sexual penetration with a foreign object. The jury also found that defendant used a knife during the sexual assaults. On January 6, 2009, Jane Doe met the defendant while walking from a Bart Station near Broadway and 12th Street in Oakland. After a brief conversation, they walked several blocks together and eventually she gave defendant her telephone number and a friendship developed. On January 14, 2009, Jane Doe invited defendant to her home for dinner. When another man phoned the victim, the defendant became angry and attacked Jane Doe. He picked up a knife and made her take off all her clothing. Over a four hour period defendant sexually assaulted Jane Doe. The prosecutor was DDA Jimmie Wilson.
  •  On October 21, a jury convicted defendant Mario Alfredo Pacecho of two felony counts of unlicensed dentistry creating risk of harm and two misdemeanor counts of unlicensed practice of medicine and dentistry. This case was initially investigated by the California Dental Board, acting on two anonymous complaints. After the initial investigation, two Spanish speaking women reported that they were victims of Pacheco's form of dentistry.
    During the trial, both victims testified. The one victim told the jury that she went to Pacheco only to have him repair an old bridge that was broken. He instead convinced her to let him give her a "Colgate smile" (his words) for the same price. She paid Pacheco $10,000 and he ground all her teeth to little nubs or posts and then put temporary crowns on them, causing her her pain and infection. The crowns kept falling out/off and he kept giving her new temporary ones, and never gave her permanent ones. Pacheco also extracted two teeth and gave her a root canal. He treated her infection by cutting her upper gums from one side to the other and sprayed diluted bleach on her gums. One time, Pacheco gave her so many injections that she had a severe adverse reaction. She kept seeing him for almost four years. Finally, he welded all her crowns together. This forced her to obtain remedial work from a dentist.
    The second victim testified that she went to see Pacheco and asked him to only replace her silver fillings in two teeth with white fillings. He told her he would also give her a retainer to correct her overbite. She paid him $1,500. Pacheco removed her two fillings and never replaced them with the permanent white fillings. His temporary fillings kept falling out. This caused her pain and infection. Pacheco gave her two root canals against her will in the two teeth that formerly had the silver fillings. He extracted a healthy tooth without her permission. Pacheco's work caused her severe pain and infection. Once the pain was so great that she fainted and went by ambulance to the ER. He told her not to go to the hospital when she told him about how severe her pain was. Pacheco once gave her twenty or thirty injections of a local anesthetic in one visit. He, too, used bleach in her mouth. The defendant will be sentenced on November 21, 2011. The case was prosecuted by DDA Bob Hartman, of the Consumer Fraud Division of the District Attorney's Office.
  • On October 17, 2011 a jury found defendant William Andrew Moore guilty of robbery. On July 11, 2011 at 4:49 a.m., Ashok Nagpal was working as the midnight clerk at the 7-11 on Farwell Drive in Fremont. The defendant walked into the store wearing a black beanie cap with a brim, black gloves, a bandana over his face, black pants, and a brown t-shirt over a black long sleeved shirt. He had a paper bag over his right hand. The defendant forced Mr. Nagpal behind the counter and said "cash" and "money" while gesturing with the paper bag. Fearing that there was a gun or knife underneath the bag, Mr. Nagpal complied and the defendant fled with $129 cash and two packets of American Spirit cigarettes. a few hours later, Fremont Police Department received a call from a Hotel about a man dressed in black who was sleeping in the lobby and would not leave. The responding officer noticed the defendant's attire and an ice pick sticking out of the defendant's pocket. Suspecting the defendant may have been involved in the robbery from earlier that morning, the officer arrested the defendant for the ice pick. Once arrested, the police searched the defendant and found $121.00, a pack of American Spirit cigarettes, and a cell phone. The cell phone contained multiple messages stating "Bout 2knock this clerk". The prosecutor was DDA Chris Infante.
  • On October 5, 2011, a jury found three gang members guilty of numerous felonies: Jacob Christian Mullan was convicted of rape in concert with a gang enhancement; Ekanem Kufreobon Essien was convicted of rape in concert with a gang enhancement, and robbery with a gang enhancement; Braian Calvo was convicted of robbery with a gang enhancement and grievous bodily injury, assault with force likely to produce GBI, and GBI. On January 29, 2011, Jane Doe attended a party thrown by Eric Kuehn, a man she had known for several years. While at the party, victim interacted with the eventual defendants. One of the defendants, Braian Calvo, tried to hit on the victim, but she refused his advances. The party was ending, so Eric Kuehn invited her to watch TV in his room until it was light enough for her to walk home. Eric Kuehn, Jane Doe, and the defendants entered Kuehn's room and started watching TV. After about ten minutes, Ekanem Essien approached the victim and pushed her on down onto the bed. Initially, Ms. Doe thought he was playing and quickly sat back up. Ekanem Essien then used more force and pushed Ms. Doe back down onto the bed. As Ekanem Essien was holding her arms and forcing her down onto the bed, she felt her pants being forced off of her. Jacob Mullan was forcing her pants down and holding her legs. Ekanem Essien raped Ms. Doe, and when he withdrew, Jacob Mullan raped her. The rape stopped when Eric Kuehn, who was laying on the bed next to Jane Doe and staring at her as she was being raped, told Jacob Mullan to stop because it was getting too loud and he was concerned his parents may wake up. After the rape, Ms. Doe walked out of the house. She pulled out her cell phone and began to call her mother. Ekanem Essien punched Ms. Doe on the right side of her face and robbed her of her purse and contents. Braian Calvo then punched Ms. Doe in her left eye and stole her cell phone. Ms. Doe chased after Braian Calvo in order to retrieve her phone and finally stopped after Calvo punched her 3-4 times in her left eye. Ms. Doe suffered a fracture to her maxillary sinus and a fracture to the floor of her left orbital bone. The prosecutor was DDA Elgin Lowe.   
  • On October 5, 2011, a jury found defendant Jeremy L. Millbrook guilty of willful, deliberate, attempted murder with enhancements, and two counts of assault with a firearm with enhancements. On 19 December, 2009, defendant Millbrook and his girlfriend Jennifer Diaz were attending a friend's house party. Diaz got into an argument with victim Sione Manoa, and several people separated the two. A few minutes later, defendant Jeremy Millbrook argued with Mr. Manoa inside the kitchen. During this argument, a friend of Mr. Manoa, victim Mr. Matthew Galvan, tried to push Mr. Manoa out of the house to calm everything down. Suddenly, Millbrook pulled out a gun and fired a live round to the ground. Millbrook immediately fired another shot, striking Mr. Galvan in his right hand. The bullet passed through Mr. Galvan's right hand and penetrated Mr. Manoa's chest. Millbrook and girlfriend Diaz fled the scene, and struck another car as they made their getaway. Mr. Manoa was in a medically-induced coma for over a week following the shooting and the bullet remains lodged against his spine. This event caused Mr. Manoa to lose his football scholarship, yet he still went onto college and is considering law school. The prosecutor was DDA Butch Ford. 
  • On October 5, 2011, a jury found Otis Miguel Crawford guilty of attempted robbery with an allegation that the defendant personally and intentionally discharged a firearm causing great bodily injury, as well as illegal possession of a firearm. On Sunday May 30, 2010, victim Juan Ventura was selling ice cream from a cart near St. Anthony's Church in East Oakland. The defendant and two juvenile suspects approached Mr. Ventura and the defendant asked for an ice cream. When Mr. Ventura took out the ice cream,the defendant held a revolver to Mr. Ventura's face and said that he would kill him. When Mr. Ventura asked why, the defendant pulled the trigger. The gun did not fire and a struggle ensued. The defendant pulled the trigger again, the bullet striking Mr. Ventura's hat. The defendant then pushed Mr. Ventura onto the ground and pulled the trigger a third time. Mr. Ventura was shot in the upper back, and the bullet remains inside his body. The prosecutor was DDA Danny Lau.
  • On October 3, 2011, a jury convicted Ronald Demetris Thomas of second degree murder, with the personal use of a firearm. On November 20, 2009, the victim, Alvin Burns Jr., celebrated his 24th birthday with friends. At one point during the evening, Mr. Burns and two friends parked in front of a home on the 8700 block of MacArthur Blvd in Oakland to wait for another friend to come outside. As they were waiting in the car, the defendant walked by. One of the passengers of the car called out the defendant's name and, in response, he walked toward the victim's car. After looking inside the victim's car, the defendant said, "What's up" in an aggressive manner to the victim. Shortly thereafter, the defendant pulled out a .40 caliber hand gun from his waistband and shot the victim in the head. The prosecutor was DDA Mark Jackson.

Misdemeanor Verdicts -- October 2011  

  • On October 18, a jury convicted co-defendants Elizabeth Bamaca, Jason Ozolins and Michael Veremans of violations of Penal Code sections 602(q) and148 (a)(1), trespassing and refusing to leave, and obstructing and resisting a police officer. The crimes took place on March 3, 2011, a day of protests at UC Berkeley regarding student fee hikes. At 5:00 p.m., the protesters gathered in front of Wheeler Hall and gradually moved inside the building and at 10:00 pm. the police told that the building was closed and that they needed to leave. A group of protesters sat in a circle and linked arms, refusing to leave and arrests were made. When the defendants were arrested, they resisted by separating from the other protesters who were linking arms in a circle and refusing to stand. They had to be carried out of the Hall. Defendant Ozolins challenged the officers to "snap [his arm] off - that's police brutality!" Even after the officer asked him nicely to stand up and walk, he refused. All of this was caught on tape and shown to the jury. The Prosecutor was DDA Angela Chew.   
  • On October 18, 2011, a jury convicted defendant Everett Robert Walker of evading a police officer and delaying a police officer, both misdemeanor offenses. On September 15, 2011, San Leandro Police responded to a burglary-in-progress call. While enroute, he received information that the suspects were believed to be driving away from the area in a black Acura with no license plate. A few moments later, the responding officer spotted the suspect vehicle near the northbound 880 on ramp at Washington Ave. and observed the defendant sitting in the driver seat. When he attempted to pull the defendant over, the defendant sped off onto northbound 880, reaching speeds near 90MPH. Once on the freeway, the defendant drove onto the right shoulder to pass a car before cutting across all 5 lanes of traffic, nearly causing 3 separate accidents. The pursuit was then terminated in the interests of public safety. Two minutes after the pursuit was terminated, Detective Goodman saw a car matching the description exit N/B 880 at the 98th Ave off ramp. He followed the car until it stopped and watched the defendant get out of the driver seat. When he tried to stop the defendant, he took off running, leading the officer on a 3 block chase before surrendering to other officers who had blocked off his escape route. The prosecutor was DDA Scott Ford.  
  • On October 17, 2011, a jury found defendant Luis Guerrero guilty of driving under the influence and driving with a blood alcohol content in excess of .08. Defendant Guerrero was stopped on February 27, 2010, at 3 am for a trailer hitch blocking part of his license plate. He exited the I-880 freeway and stopped on Alvarado Boulevard without a problem. He showed moderate signs of inebriation during field tests, but spoke smoothly and was not stumbling. He refused a PAS test but chose a breath test after his arrest, which resulted in .10 BAC at just after 4 am. The prosecutor was DDA Dan Roisman.  
  • On October 14, a jury found Olia Bell Lathan guilty of Penal Code 417 (a)(1), exhibiting a deadly weapon. On May 15, 2011, Lathan saw her husband walking down the street alongside the victim. Believing her husband was being unfaithful, the defendant abruptly stopped her car, got out and began yelling obscenities at the victim. As the victim tried to calm her down, the defendant approached her holding a knife tucked inside a sheath. The yelling continued and the defendant's husband had to hold the defendant back from getting close to the victim. The prosecutor was DDA Luis Marin.
  • On October 14, 2011, a jury convicted defendant Michael Givens of violating Penal Code 243(e)(1), domestic battery against a cohabitant. On July 7, 2009, while at the victim's home, the defendant became angry and started yelling at the victim. He threw her against a doorframe and they eventually ended up in the bedroom. There, the defendant grabbed the victim by her hooded sweatshirt, pulled her to the edge of the bed and choked her. Then as the victim tried to leave, the defendant spat into her face. The victim fled the house with no shoes wherein her neighbor picked her up and called police. The prosecutor was DDA Christopher Chin.
  • On October 4, 2011, a jury found defendant Alvaro Castillo guilty of driving under the influence, driving under the influence with a blood alcohol level greater than 0.08%, and driving on a suspended license. On April 16, 2011, CHP officers observed the defendant's blacked-out vehicle on the side of Northbound I-880, south of the Thornton Avenue exit. The defendant's car had crashed through a road sign, and traveled 30 feet along a raised dirt embankment off the freeway's shoulder. Upon contact, the defendant was outside of the vehicle. Castillo claimed to have been asleep in the back seat as he was too intoxicated to drive, and that the driver left the scene to get help. At trial, the jury rejected testimony from several defense witnesses that another individual drove the car, and found the defendant guilty. The prosecutor was DDA Adam Maldonado. 
Felony Verdicts -- September 2011 
  • On September 29, 2011, a jury convicted Pierre Rushing (also known as Pierre Diamond Smith) of first degree murder with use of a firearm based on an April 15, 2011 incident. At approximately 3:45 a.m. on that date, the defendant shot and killed Dawonye Taylor on the 8000 block of International Boulevard because he believed Taylor had stolen his iPod. The prosecutor was DDA Greg Dolge.
  • On September 28, 2011, a jury convicted Ginger Vlahosschmidt, 28, of felony assault with a knife causing great bodily injury. On June 28, 2011, Zeno Lopata, 55, was stabbed in his apartment in Oakland by Vlahosschmidt. Mr. Lopata shared a flat with Vlahosschmidt and another woman who each had separate rooms but shared a common area. Mr. Lopata and the defendant were watching television and drinking the evening of the assault. Lopata and the defendant had a disagreement causing her to hit him and leave the room. Minutes later, Lopata was hanging clothes in his closet when he heard the defendant run up behind him and felt something stab him in his left side. Minutes later, Lopata was hanging clothes in his closet when the defendant ran up behind him with a knife, and stabbed him in the side, causing a large puncture wound. Oakland PD arrested the defendant 40 minutes later, hiding behind the building, still holding the knife. The prosecutor was DDA Joe Goethals.
  • On September 27, 2011, a jury found Miguel Wooten guilty of first degree murder and found true the intentional discharge of a firearm causing death enhancement. On September 21, 2008, defendant Miguel Wooten shot and killed William Jeffrey Johnson shortly after 2pm at the Valero Gas Station at Seminary Ave. and Macarthur Blvd. in Oakland. The defendant, who lived in San Jose, and victim, who resided in the 64th Ave and Macarthur Blvd. area of Oakland had a verbal altercation a few months earlier. The defendant and the victim had also dated the same girl in the past. He claimed that Johnson and his friends made verbal threats against his life, although these were never made directly by the victim. On September 21, 2008, the defendant saw Johnson sitting in the back seat of a parked Lexus at the Valero gas station. The defendant said "What's up, blood" to Johnson, and as Johnson turned, the defendant fired at least five shots, killing him. During the defendant's initial statement to Oakland Police Homicide Investigators, he admitted shooting the victim because he had heard about the threats and decided to preemptively strike. The prosecutor was DDA Eddie Vieira-Ducey.
  • On September 19, 2011, a jury found Charlie Harrington guilty of carjacking. On August 16, 2010, Harrington, along with three other men, approached the victim, Tisha Rose, while she was in her car. Ms. Rose had parked her car near the intersection of 7th Street and Market Street in Oakland. Two of the men had semi-automatic handguns, while the other two acted as lookouts. At gunpoint, two of the men took Ms. Rose's car and jewelry. The defendant and the other three men got in the car and sped off. Two days later, Richmond Police caught the defendant driving Ms. Rose's car. After a brief high-speed chase, officers apprehended the defendant. Harrington will be sentenced on November 18, 2011. The prosecutor was DDA Tim Wagstaffe.
  • On September 12, 2011, a jury convicted Desmen Lankford of two counts of first degree murder and found that he personally discharged a firearm causing the deaths of Kelvin Davis and Kevin Parker. The jury's verdicts also found true the multiple murders special circumstances allegation, rendering Lankford ineligible for parole. On September 18, 2008, Kelvin Davis and Kevin Parker were shot and killed in the 1400 block of Derby Street in Berkeley while Parker was in the process of selling Davis a car. Defendant Lankford was a known North Oakland gang member and active participant in a so-called "shooting feud" with South Berkeley drug dealers going back to at least 2003, and Kelvin Davis (and his twin brother Melvin) were known to be part of the ongoing feud. Key evidence presented at trial included incriminating statements made by Lankford in jail calls recorded by the Sheriff's Department and the contents of two letters handwritten by Lankford that were intercepted with the assistance of Sheriff's Department at the facility where Lankford was incarcerated while awaiting trial. In these letters, Lankford sought to have the informant witness murdered to prevent his testimony, and urged his cousin to lie under oath. Additional evidence in the form of graffiti written by Lankford on the walls of three jail cells at the Rene C. Davidson Courthouse was also presented to the jury. This graffiti took the form of identifying a former cellmate that was cooperating with the prosecution as a "snitch.", which suggested additional efforts on Lankford's part to prevent testimony against him. The District Attorney's Office would like to acknowledge Hastings College of Law student intern Annie Daher for her assistance in preparing this case for trial. Desmen Lankford will be sentenced on November 10. The prosecutor was Senior Deputy District Attorney James Meehan.
  • On September 6, 2011, a jury convicted defendants Damarcus Thompson and Cheleia Swayne of gross vehicular manslaughter while intoxicated, driving under the influence causing injury, and infliction of great bodily injury on three victims. Damarcus Thompson was also convicted of leaving the scene of an accident causing death and serious permanent injury. On August 15, 2009, defendants Cheleia Swayne and Damarcus Thompson had both consumed a large amount of hard alcohol. Damarcus Thompson got into the driver's seat of Swayne's boyfriend's car. Cheleia Swayne sat on Thompson's lap in the driver's seat. Victim La'Camii Ross was the right front passenger, and surviving victims Jalisha Harris and Everett Jackson sat in the backseat. There was an empty, available seat in the backseat of the car. The defendants drove over four miles at freeway speeds on city streets and eventually failed to negotiate a turn, slamming into a pole at the Coast gas station in San Leandro. The vehicle burst into flames. Damarcus Thompson walked away from the scene, leaving everyone inside the burning vehicle. La'Camii Ross was killed due to blunt trauma and extensive thermal burns. Jalisha Harris suffered a broken neck and broken wrist. Everett Jackson, who is Damarcus Thompson's cousin, suffered a broken leg and severe head trauma and has lasting neurological impairment. When officers arrived, Cheleia Swayne admitted to being the driver and showed signs of alcohol intoxication. Her blood alcohol level was 0.12%. The prosecutor was DDA Stacie Pettigrew.
  • On September 1, 2011, a jury convicted defendant Lloyd Townsend of first degree murder with personal use of a firearm for the killing of Willie Tatmon; on September 6, 2011, the same jury convicted co-defendant Maurice Frazier of second degree murder for the killing of Tatmon. Townsend and Frazier shot and killed 22-year-old victim Willie Tatmon, on September 17th, 2007, at the Poplar Recreation Center in West Oakland. Townsend and Mr. Tatmon got into a verbal argument during a pick-up basketball game. Townsend left the recreation center, and returned with Frazier. Both defendants came armed with guns. Townsend first shot Tatmon inside the center, then chased him outside and where both defendants continued to shoot, striking him a total of four times. Both defendants will be sentenced on November 4, 2011. The prosecutor was DDA Joseph Goethals.
Misdemeanor Verdicts -- September 2011
  • On September 26, 2011, a jury found defendant Edward Jesus Mosqueda guilty of one count of sexual battery. On August 21, 2011, around 1 am, Jane Doe was walking near Oxford St. and Center St. in Berkeley to meet some of her friends to walk home together. When Ms. Doe got to the bridge on Grinnell path suddenly the defendant appeared on her left and asked her for directions to Kittredge Street in Berkeley. Ms. Doe turned to point to downtown Berkeley to provide defendant with directions when he suddenly and forcibly grabbed Ms. Doe's vagina and breast for approximately 5 seconds. Ms. Doe was able to knock his arms away and ran off. Ms. Doe's friends were nearby and heard Ms. Doe scream. As they ran to help her, both friends also saw the defendant leaving the scene and walking quickly into the campus. Ms. Doe was able to flag down a security officer nearby to report the crime. The defendant was caught by the UC Berkeley Police within minutes, a short distance away. All three women were taken for an in-field show-up and all three positively identified the defendant on the scene and in court. The prosecutor was DDA Allyson Donovan.
  • On September 20, 2011, a jury convicted defendant Darren Winters of battery to a cohabitant. At the time of the incident, the defendant and victim were in a relationship and had been living together for 4 years. On April 1, 2010, the defendant and victim got into an argument. The defendant chased the victim out of the bedroom, pushed her to the ground and punched her in the head and body multiple times in front of the victim's 9-year-old daughter. The victim and her daughter fled the residence, and did not report the incident until 6 days later when she made a counter report on April 7, 2010. The Alameda County Sheriff's Office conducted an investigation and the defendant was arrested at his residence. The prosecutor was DDA Amy Deng.
  • On September 13, 2011, a jury found defendant Cesar Isidrio Chavez guilty of Penal Code 273.6(a) disobeying a domestic relations court order. Defendant Cesar Chavez and the victim have children together, and on the day of the incident were due to take their 3-year-old to the Children's Hospital. However, on the morning of the agreed visit, Chavez arrived intoxicated at the victim's house at 5am. The defendant and the victim argued, and the defendant hit the victim in the arm, causing a visible bruise. Later that morning, Chavez pushed the victim into a glass door. The prosecutor was DDA Luis Marin.
  • On September 12, 2011, a jury found defendant Gregory Stewart guilty of Penal Code 148(a)(1) resisting or obstructing a peace officer. On October 29, 2010, Gregory Stewart crashed into a parked car, and then attempted to open the doors of several parked cars. A concerned neighbor called 911 to report it, and responding Oakland PD officers arrived on scene to discover the defendant passed out in the driver's seat of his car. The car was not registered to defendant, and the keys were in the ignition. As officers went to remove Stewart from the car, he became combative and the use of a taser was required to subdue him. Once handcuffed, defendant refused to do any field sobriety tests, answer any questions and refused to submit to any chemical tests. The prosecutor was DDA Greg O'Connell.

We are proud and honored to serve the people of Alameda County.    

 

Sincerely,

Nancy E. O'Malley

Alameda County District Attorney

IN THIS ISSUE
Officer Recognition Awards
Settlement in Hazmat Case
DA O'Malley's Legislative Initiatives
Day of Remembrance
Speakers Bureau Cybersafety Presentation
Felony Convictions in Foreclosure Scam
Community Health Fair
DA O'Malley Appointed to State Committee
From the Courtroom

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