Did You Know ...

November/December 2011      

From the Office of the Alameda County District Attorney

Nancy E. O'Malley, District Attorney

New Deputy DAs Sworn In
DA Nancy E. O'Malley (center) with the four new Deputy District Attorneys

On December 9, 2011, four members of the DA Summer Law Clerk Program were sworn in as attorneys, and as the Office's newest Deputy District Attorneys. Judge Yolanda Northridge presided over the ceremony, and administered the Oath of Office. Pictured with Nancy O'Malley at their swearing in ceremony are (left to right):


Peter McGuiness grew up in Alameda and graduated from St. Mary's College High School. He graduated from Fordham University, where he received a B.S. in Accounting and was a four-year varsity letterman in baseball. He earned a joint-degree at the UC Davis School of Law and UC Davis Graduate School of Management.


Ashley Dodson, an East Bay local, graduated from Monte Vista High School. She attended UC Santa Barbara for undergraduate studies, where she majored in Law and Society and was a member of the Honors Program. Ms. Dodson graduated from UC Hastings.


Keydon Levy, from the Bronx, New York, graduated from Brooklyn

Technical High School. He then went on to Pennsylvania State

University where he graduated summa cum laude with a degree in

Criminal Justice. Mr. Levy earned his law degree from UC Berkeley School of Law (Boalt Hall), where he was a member of the Board of Advocates Trial Competition Team.


Alex Hernandez was born in Bogotá, Colombia and grew up in West Palm Beach, Florida. After high school, he enlisted in the US Marine Corps as an infantryman and served in Afghanistan during Operation Enduring Freedom. Alex was Phi Beta Kappa at University of California, San Diego and graduated magna cum laude in history. While at Berkeley Law School, Alex participated in the international human rights law clinic, the La Raza Employment Clinic, and the Veteran's Law Practicum. He founded the Boalt Association of Military Veterans. Alex is fluent in Spanish.

Warriors Re-dedicate KidsZone at the FJC


ACFJC Executive Director Cherri Allison, DA Nancy E. O'Malley, Golden State Warriors President Rick Welt and Alameda County Administrator Susan Muranishi

 As part of their on-going Season of Giving, the Golden State Warriors unveiled the refurbished Reading and Learning Center at the Alameda County Family Justice Center (ACFJC) in Oakland.


Warriors President Rick Welts and team legend Alvin Attles joined Alameda County District Attorney Nancy O'Malley, Alameda County Administrator Susan Muranishi and other local dignitaries in a ceremony that highlighted the new educational materials, books, photos, furniture, paint and signage.


The ACFJC is a collaboration of government and non-profit agencies ensuring the safety, healing, and self-sufficiency of  victims of domestic violence and their   

Warriors great Alvin Attles reads to the children

children who witness the violence, victims of child and elder abuse, victims of sexual assault, exploitation and human trafficking through easily accessible, comprehensive and culturally-sensitive services.  Often referred to as a 'one-stop' Center, the ACFJC houses more than 35 partner agencies with more than 60 off-site partners to provide an efficient system of services with victim safety at its core.

Clorox Settles Specialty Bleach Bottling Case 

On December 19, 2011, Alameda County District Attorney Nancy E. O'Malley announced recently that the Clorox Company, based in Oakland, entered into a settlement regarding the contents of household bleach containers. Marin, Monterey, Napa and Sonoma Counties joined Alameda County in bringing this consumer protection regulatory action.


Read the full article ... 


"Weights and measures laws exist so that consumers may accurately calculate the costs of their purchases. It allows consumers to do meaningful comparison shopping between businesses and products," said District Attorney Nancy E. O'Malley.


"The Alameda County District Attorney's Office will remain vigilant in addressing weights and measures cases. Misrepresentations of the actual contents of a product harm both consumers and other businesses."

DA Nancy O'Malley Praises State and Federal Agencies for Search Warrant of Alan David Tikal and KATN Trust

In a prime example of the Alameda County District Attorney's Office commitment to working with state and federal agencies to combat the foreclosure crisis, District Attorney Nancy E. O'Malley praised state and federal agencies for the execution of a search warrant against the home and business of Alan David Tikal, and his business, the KATN Trust on December 7, 2011.  


The federal search warrant against Tikal comes on the heels of a successful prosecution by the District Attorney's Office earlier this year. 


In February, the District Attorney's Real Estate Fraud Unit secured a grand jury indictment against Tikal on 29 felony counts of real estate related fraud. 




Read more about the case and Tikal's conviction... 


Guilty Verdict in Attempted Murder of Fremont Police Officer 

People v Andrew Barrientos


On November 16, 2011, Alameda County District Attorney Nancy E. O'Malley announced that a jury found gang member Andrew Barrientos guilty of multiple violent felonies stemming from a 2010 crime spree. 


Convictions include the attempted murder of Fremont Police Officer Todd Young as well as assault with a firearm on a police officer, carjacking, attempted carjacking, shooting into occupied vehicles, assault with a firearm, making criminal threats and unlawful gun possession. The jury also found to be true several enhancements including firearm use, infliction of great bodily injury and promoting criminal conduct by gang members.


District Attorney O'Malley said, "Law enforcement officers from the Fremont, Oakland and San Diego police departments as well as the DA's Office Gang Unit, worked tirelessly to apprehend this defendant and to investigate this case. Today, justice was served due to the excellent work of DDA John Brouhard, the inspectors of the DA's Office and the officers from the three police agencies." 



Join us for the Annual Family Justice Center Gala!

"ONE" is the 5th Annual Gala benefiting the Alameda County Family Justice Center.  This year's event features comedian Michael Pritchard as Master of Ceremonies. The Gala will be held in the Rotunda in downtown Oakland on Saturday, January 28, 2012, beginning at 6 p.m. Please visit acfjc.org/events or email colleen.clark@acgov.org for more information.

Download invitation and RSVP   
Defendant Sentenced to Five Year Prison Term in Foreclosure Fraud Scam

On November 23, 2011, Alameda County District Attorny Nancy E. O'Malley and California Attorney General Kamala Harris announced today that Angeline Lisa Lizarrago, 69, was sentenced to a term of five years in prison following her conviction of grand theft and her admission that she was out on bail from Madera County at the time she committed the offense and has a prior felony conviction for grand theft.


In addition to her prison sentence, Lizarrago has been ordered to pay $31,942 in restitution to nine victims of her foreclosure scam. Two additional victims are seeking additional restitution; a restitution hearing was set for February 2012 to address their claims.


"The Alameda County District Attorney's Office will remain highly vigilant in its effort to identify and prosecute people who prey upon distressed homeowners in these difficult economic times," states District Attorney Nancy E. O'Malley.  "We applaud the joint efforts of the California Department of Real Estate, the Fremont Police Department, the California Attorney General and the Alameda County District Attorney's Office that brought defendant Lizarrago to justice."


 Felony Verdicts -- December 2011
  • On December 20, 2012, a jury convicted Taqua Maldonaldo, 35, of first degree murder for the killing of his 25-year-old girlfriend, Katrina Moore. The defendant became abusive towards the end of the couple's seven month relationship. The victim, however, never reported any abuse to the police. No one ever witnessed any abuse but they did see bruises on the victim, and she confided in friends about the abuse. On June 5, 2010, the victim's roommate heard arguing, followed by a thud, like a body hitting the ground. However, when he went to check on his roommate, he heard the couple talking in a normal tone of voice. Shortly thereafter, the defendant ran out of the home with blood on his arm; he was frantic and said, "Help me, she fell through a window," then ran back inside the home. The defendant also called 911. When the police arrived, they found the victim lying in her bedroom, barely alive, with one stab wound to her upper chest. The defendant was lying next to her holding a towel over her wound. No knife matching the stab wound was originally found at the crime scene. On August 22, 2010, the victim's estranged husband, was cleaning her bedroom when he noticed beads in the floor vent. As he was cleaning out the beads, he found a 14 inch knife hidden in the vent. The victim's blood was on the knife and a Pathologist testified that knife was consistent with the stab wound. The Prosecutor was DDA Lindsay Walsh.
  • On December 12, 2011, a jury found T. Ronald Salter guilty of first degree murder of seventeen year-old Anthony Custard, with personal use of a firearm. On July 24, 2007, at approximately 9:00 pm, victim Anthony Custard was walking with a friend on 69th Avenue in East Oakland. Mr. Custard's friend attempted to buy marijuana from a local dealer. During the sale, the dealer and Mr. Custard began to argue. The defendant walked from across the street and tried to intervene. The dealer and the defendant began to approach Mr. Custard who withdrew a semi-automatic handgun and told them to "get back." After a short period of time, everyone calmed down and Mr. Custard put away the gun. To further remove himself from the argument, Mr. Custard walked across the street and waited for his friend to finish buying marijuana. Once Mr. Custard's friend purchased the marijuana, they began to walk back home. However, before they were able to leave the area, the Defendant began talking to Mr. Custard on the sidewalk. Without any warning, the defendant withdrew a 9 mm semi-automatic gun and shot Mr. Custard once in the head and nine times in the chest. The defendant was arrested on September 26, 2007. During the trial, jail calls were presented into evidence which reflected the defendant's attempts to hide/destroy evidence, intimidate witnesses, and even create an alibi story. Defendant T. Ronald Salter will be sentenced on February 24, 2012. The prosecutor was DDA Charles Wilson. 

Felony Verdicts -- November 2011  

  • On November 29, 2011, a jury found Michael Anthony Heartsman guilty as charged of first degree murder of a high school student with personal use of a firearm causing death, attempted murder of a second high school student with personal use of a firearm, and being a felon in possession of a firearm. On May 25, 2011, at 2:00 p.m., 17-year-old victim and Castlemont High School student Ditiyan Franklin and fellow student Lionel Harris, were riding on a bicycle down Ritchie Street in Oakland. As the two made their way toward Arroyo Viejo Park, a white Honda Accord drove toward the bicycle and suddenly braked. The defendant Heartsman exited the right-front passenger door and immediately started firing at the two men. Mr. Franklin was struck in the arm and struggled to run away from Heartsman, while Mr. Harris was not struck and was able to run away. Defendant Heartsman followed Mr. Franklin as he fled and fired six more shots, hitting Mr. Franklin a total of four times. Mr. Franklin died at the scene. The case was unsolved until tips led the Oakland Police Department Homicide Division to Mr. Harris. Mr. Harris was interviewed by police and confirmed the shooter as Oakland rapper "Fat Mike", and identified the defendant in a photo lineup. At preliminary hearing and trial, Mr. Harris identified the defendant in court as the shooter and someone who Mr. Harris had seen routinely for years near Castlemont High School. Heartsman will be sentenced on December 28, 2011. The prosecutor was DDA Eric Swalwell.     
  • On November 23, 2011, a jury found defendant Kevin Koey Duarte (also known as Rafael Kory Duarte) guilty as charged of first degree murder with enhancements for the personal, intentional discharge of a gun causing great bodily injury and murder committed while in the act of a robbery; and shooting at an occupied vehicle with an enhancement for the personal use of a firearm in the commission of a felony. On April 9, 2007, at approximately 1:00 am, the victim, Tony Simon, was at a gas station on the corner of West and W. MacArthur in Oakland. While parked at the gas pumps, the victim was approached by a group of black males. Defendant Duarte pulled out a gun and pointed it at the victim and started shooting. The victim drove off and the defendant continued to fire at his fleeing vehicle. The victim drove his car west on W. MacArthur and eventually lost control and ended up on the median. He had been shot twice in the back. While stopped on the median, an unknown black male approached the car and rifled through the victim's pockets. Two women who had been at the gas station followed after the victim and called police. The victim was pronounced dead at the scene. In September of that year, Duarte was arrested for two burglaries in the Oakland area. While in custody, Duarte admitted to committing the shooting but says he didn't intend to kill him. Duarte said that the victim was driving around the neighborhood trying to get Duarte and his friends to sell dope for him. He is scheduled to be sentenced on January 13, 2012. The prosecutor was DDA Mark Jackson.   

  • On November 16, a jury found gang member Andrew Barrientos guilty of multiple violent felonies stemming from a 2010 crime spree. Convictions include the attempted murder of Fremont Police Officer Todd Young, as well as assault with a firearm on a police officer, carjacking, attempted carjacking, shooting into occupied vehicles, assault with a firearm, making criminal threats and unlawful gun possession. The jury also found to be true several enhancements including firearm use, infliction of great bodily injury and promoting criminal conduct by gang members.  Read more...
  • On November 8, 2011, a jury found Gumaro Baez guilty of two counts of first degree murder with personal discharge of a firearm causing death, as well as the special circumstances of multiple murder and killing a witness; two counts of attempted murder with personal discharge of a firearm causing great bodily injury; and one count of attempting to dissuade witnesses. The crimes took place on February 3, 2008, the one-year anniversary of Baez's brother being shot and killed by an Oakland police officer after repeatedly reaching for a gun that he had recently fired into the air. The defendant believed that attempted murder victim #1 was somehow responsible for his brother's death for not ensuring his safe return home the night he was killed, and he decided to avenge the death. Baez and former co-defendant Devashawn Walker used a ruse of getting a bottle of alcohol and drinking in memory of the death with attempted murder victim #1, and got into attempted murder victim #1's van. 15-year-old Dominique Brown-Hooper and 17-year-old Melissa Jackson also got into the van with the intention of getting a ride to a music studio. Baez did not know the girls. During the trip, Baez asked attempted murder victim #1 why his big brother "didn't get home that night." Baez then began shooting. He shot the front passenger (attempted murder victim #2) in the neck. He then shot the driver (attempted murder victim #1), who immediately blacked out and was paralyzed. Former co-defendant Walker drove the van toward the defendants' houses while Baez executed the two girls in the back of the van. According to a letter Baez later sent to a fellow inmate at Santa Rita Jail, once he thought attempted murder victim #1 was dead, "everybody had to go. Everybody knows you can't leave witnesses." The defendant was also charged with a third count of murder for the killing of Terrance Brown on February 2, 2008, however, he was not convicted of that charge. Witnesses to the Brown homicide refused to cooperate with the police during the investigation and with the prosecution during the trial. Sentencing is set for February 27, 2012. The prosecutor was DDA Stacie Pettigrew.
  • On November 2, 2011, a jury convicted defendant Marcellous Corinellous Lewis as charged for murdering one man and raping two women over a period of less than two years. On the afternoon of October 2, 2006, the defendant met an acquaintance at a church in Oakland to talk. While sitting on the outdoor steps, the defendant began to touch the 16 year-old victim under her clothing. The victim told the defendant to stop, but the defendant ignored her pleas and instead put his hand under her pants and underwear and sexually penetrated the victim with his fingers. He then moved the victim behind the church to an isolated location and raped the victim. The jury convicted the defendant of rape and sexual penetration, along with finding kidnapping and multiple victim clauses to be true. On August 26, 2007, the defendant approached a woman from behind at about 1:00 a.m. in Oakland, grabbed her hair, and forced her to an isolated park where he raped her on a picnic table. The jury convicted the defendant of rape and found kidnapping and multiple victim clauses to be true. On the evening of May 21, 2008, the defendant, who was 17-years-old at the time, went to an apartment in East Oakland to demand a dog that had previously belonged to a friend of the defendant's. When the resident did not surrender the dog, the defendant went to the man's kitchen window and fired a shot into the apartment. The resident attempted to defend himself, but the defendant fired another shot at the victim. The victim was shot in the chest and was pronounced dead within the hour at Highland Hospital. The jury convicted the defendant of murder with personal use of a firearm. The defendant faces a life sentence when he is sentenced on December 14, 2011. The prosecutor was DDA Tim Wellman.

Misdemeanor Verdicts -- November/December 2011

For a full description of our misdemeanor verdicts, please visit our website. 


We are proud and honored to serve the people of Alameda County, and we wish you and your family a safe and happy new year. 



Nancy E. O'Malley

Alameda County District Attorney

New DDAs
Warriors Rededicate KidZone
Clorox Settles Bleach Bottling Case
DA Praises Collaborative Efforts with State and Federal Agencies
Guilty Verdict in Attempted Murder of Police Officer
Upcoming FJC Gala
Scammer Sentenced to 5 Years Prison

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