Four crimes in Contra Costa County; avoids death penalty, to be sentenced to life without possibility of parole

SACRAMENTO, CA – On Monday, Joseph James DeAngelo, Jr., 74, pleaded guilty today to 13 felony counts of first-degree murder and 13 felony counts of kidnapping to commit robbery during a 13-year multicounty crime spree that terrorized much of California during the 1970s and 1980s. DeAngelo was identified through Investigative Genetic Genealogy (IGG) in 2018, more than three decades after he raped and murdered his last victim in 1986.  (Watch DeAngelo plead guilty and confess to his crimes).

Known as the Golden State Killer and East Area Rapist, DeAngelo also admitted to 161 uncharged crimes related to 61 uncharged victims, including attempted murder, kidnapping to commit robbery, rape, robbery, first-degree burglary, false imprisonment and criminal threats. The uncharged crimes occurred in Alameda, Sacramento, San Joaquin, Santa Clara, Stanislaus, Tulare and Yolo counties.

Monday’s hearing was relocated to the Sacramento State Ballroom to accommodate the large number of victims and their family members in attendance and to ensure social distancing in light of the current COVID-19 pandemic.

DeAngelo is being jointly prosecuted by the district attorneys of Contra Costa, Orange, Sacramento, Santa Barbara, Tulare and Ventura counties.

“He committed multiple heinous acts in Contra Costa County. Four of those cases we were able to charge,” Contra Costa County District Attorney Diana Becton stated. “While we were not able to file the other cases, we are very fortunate that today DeAngelo pled to all of the cases, both those that were charged and uncharged.”

The decision by prosecutors to accept DeAngelo’s offer to plead guilty to the 26 charged crimes and admit the uncharged crimes was made in consultation with the victims and their family members. The totality of the circumstances, including the age of the victims, the age of witnesses and the death of other key witnesses, and the age of the defendant, were taken into consideration.

The massive scope of this case, which involved more than 1.3 million pages of discovery, would have unduly burdened the victims with a lengthy prosecution that was anticipated to take as many as ten years.  The plea provided the victims and their families who were terrorized by DeAngelo the opportunity to hear him admit his crimes and they will have an opportunity to provide victim impact statements beginning August 17, 2020.

This six-county joint prosecution resulted in a guilty plea of: (Read the details of the charges).

• 13 counts of first-degree murder with special circumstances allegations of multiple murders and murder during the commission of rape, robbery, and burglary.
• 13 felony counts of kidnapping to commit robbery with sentencing enhancements for personal use of a firearm and personal use of a knife during the commission of the offenses.
• DeAngelo admitted murdering:

o Claude Snelling – September 11, 1975 – Tulare County

o Katie and Brian Maggiore – February 2, 1978 – Sacramento County

o Debra Alexandria Manning – December 30, 1979 – Santa Barbara County

o Robert Offerman – December 30, 1979 – Santa Barbara County

o Cheri Domingo – July 27, 1981 – Santa Barbara County

o Greg Sanchez – July 27, 1981 – Santa Barbara County

o Charlene and Lyman Smith – on or about March 13, 1980– Ventura County

o Keith and Patrice Harrington – August 21, 1980 – Orange County

o Manuela Witthuhn – February 6, 1981 – Orange County

o Janelle Cruz – May 5, 1986 – Orange County

DeAngelo also admitted to the uncharged crimes of:

• Attempted murder, kidnapping to commit robbery, rape, robbery, first-degree burglary, false imprisonment and criminal threats.

DeAngelo’s crime spree began in 1975 when he was working as a police officer with the Exeter Police Department. The crimes, which continued long after he was fired from the Auburn Police Department in 1979, escalated from peeping through windows to stalking to rape and serial murder.

His crimes earned him the nicknames of the Visalia Ransacker, the East Area Rapist, the Original Night Stalker, and the Golden State Killer. It was not until April 2018 that Sacramento authorities announced that Investigative Genetic Genealogy had identified DeAngelo as the person responsible.

Joseph DeAngelo will be sentenced to life in state prison without the possibility of parole. The sentence will run consecutive and concurrent to his sentence for the first-degree murders to which he has pled.  His sentencing hearing will commence on August 17, 2020. Victims will be given the opportunity to deliver victim impact statements prior to DeAngelo’s sentencing on August 21, 2020.  The sentencing hearing location will be announced at a later date.

The identification, arrest, and prosecution of DeAngelo is the result of decades of work by law enforcement agencies across California.

“Today’s court proceeding brings us one step closer to ending the horrific saga of Joseph DeAngelo and his decades long crime spree,” said Contra Costa DA Becton. “The crimes he committed in Contra Costa County, and throughout the state of California, have left a lifetime of scars and pain for our victims and their families. In this case justice did not move swiftly, it was a long time coming. However, our victims remained steadfast and brave throughout this entire process. Today is about remembering all of the victims in this case and finally holding DeAngelo responsible for these crimes.”

See video of District Attorneys’ press conference following the hearing. Hear from one of his victims from Contra Costa County in a KTVU FOX2 news report.

“I am an ardent supporter of the death penalty when appropriate. There are crimes that are so heinous and so depraved that death is the only appropriate punishment. This is one of those cases, and that is why all six District Attorneys prosecuting this case decided unanimously to seek the death penalty,” said Orange County District Attorney Todd Spitzer. “The ability of victims to confront the person who terrorized them and robbed them of a lifetime of memories with their loved ones is an unequivocal right. I carefully consulted with all of the families of the Orange County victims and had the former district attorney who filed the charges fully briefed on the defendant’s offer to plead guilty. Given the totality of the circumstances including the advanced age of the victims, the advanced age and deaths of key witnesses, and the lengthy capital case process ahead, the decision in Orange County to accept the defendant’s offer was unanimous. Today’s plea will never bring the loved ones back or restore the sense of security that was shattered, but today, after 40 years of uncertainty, dozens of victims and a nation heard the person responsible for this reign of terror finally admit that he – and only he – is responsible.”

“The investigation, identification and prosecution of the East Area Rapist/Golden State Killer has been a long journey for justice – a journey marked by passion, persistence and sheer determination,” said Sacramento County District Attorney Anne Marie Schubert. “Through the revolutionary tool of Investigative Genetic Genealogy, this serial rapist and murderer was not only identified and brought to justice but will spend the rest of his life in prison.  It is my sincere hope that today brings healing to victims, their families and communities harmed by the atrocious crimes committed by Joseph DeAngelo.”

“Today, in the eyes of the victims, and the loved ones of those murdered by this vicious defendant, I saw the exception to the rule: justice delayed is justice denied,” said Santa Barbara County District Attorney Joyce Dudley. “Today I saw justice and it was brought to all of us by the tenacity of Sacramento DA Anne Marie Schubert and her extraordinary team.”

“The crimes committed by the defendant in Tulare County were never eligible for the death penalty based on the law in 1975. It is important to note that he will be sentenced to the maximum for those crimes,” said Tulare County District Attorney Tim Ward. “It would be incorrect to describe today’s events as ‘closure.’  The countless victims in this case will still feel the pain of tragic loss – loss of family, loss of innocence, loss of ever feeling safe again – because of the terror inflicted by the defendant. I am proud to stand with these victims, whether they are from Tulare County or elsewhere, to see justice move forward.”

“Today’s hearing marks a tremendous moment in the lives of dozens, if not hundreds, of California citizens who were direct or collateral victims of this defendant’s crimes. This resolution, brought about by the work of six District Attorneys’ offices, demonstrates the work of law enforcement at its finest,” said Ventura County District Attorney Greg Totten. “In 1980, Ventura County was rocked by the brutal murders of Lyman and Charlene Smith. Initially, evidence was thin and leads proved fruitless. However, for over forty years, law enforcement never gave up. Using the best technology and legal tools available, teams of investigators linked the Smiths’ murders to other murders and rapes around the state, and we put together a rock-solid case against this defendant. This case, to us, is not just the 26 counts we could charge, but also the myriad other crimes this defendant committed where the statute of limitations had run. We left no lead uninvestigated, and we left no victim forgotten. We wish we could have found him sooner. But we are pleased to be able to say today to our Ventura County community and to Joseph DeAngelo’s victims, you no longer have to wonder who did these horrible crimes. He has not just been arrested and charged; he has now admitted he is guilty. His plea today ensures he will spend the rest of his life in prison, and he will die a convicted rapist and murderer.”

Additional background information about People v. Joseph James DeAngelo, including the factual basis for each plea, can be found at www.peopleversusjosephdeangelopressmaterials.com.

Scheme allegedly involved kickbacks paid in bricks of cash wrapped in silver bags

OAKLAND – Scott A. Wilson was arrested today in connection with a complaint unsealed in Oakland alleging that he defrauded the Operating Engineers Local Union No. 3, based in Alameda, California, of approximately $4.5 million, announced United States Attorney David L. Anderson, Federal Bureau of Investigation Special Agent in Charge John L. Bennett, and U.S. Department of Labor Office of Inspector General Special Agent in Charge Quentin Heiden.

According to the complaint, Wilson, 52, of Corsicana, Texas, was the director of the union’s information technology department, where he had authority to purchase goods and services.  While working for the union, Wilson allegedly set up a front company called OST.  Using the alias, “John Lasson,” Wilson allegedly used OST to receive funds from the union, at first directly and then through two other front companies set up by a friend and a relative under Wilson’s direction.  Between 2011 and 2017, Wilson allegedly used these front companies to fraudulently invoice the union for IT-related goods and services that were never to be delivered, taking some funds directly through OST, and others through kickbacks paid by his friend and relative.  Wilson also allegedly used the front companies to conceal payments made with union funds to his own family members, primarily for work that was never done.  At one point, according to the complaint, Wilson arranged for the union funds to be withdrawn from the front companies’ accounts and delivered to him at various restaurants around the Bay Area in the form of cash, wrapped in the shape of bricks and placed in silver bags.

The complaint alleges that over the course of six years, in total Wilson fraudulently directed approximately $4.5 million to the front companies, of which $2.5 million was kicked directly back to Wilson in various ways.  The complaint further alleges that Wilson used the allegedly embezzled funds to, among other things, purchase land in Corsicana, Texas, and build himself a house there.

According to the complaint, the scheme was discovered when the union’s finance department learned that Wilson had concealed that he was the principal behind one of the front companies with which his IT department was conducting business.

Wilson was arrested on June 26, 2020, in Corsicana, Texas, and made an appearance in federal court in Dallas this afternoon.   He was ordered to appear in federal court in Oakland on July 13, 2020.

A complaint merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted, the defendant faces a maximum sentence of 20 years in prison, and a fine of up to $250,000, along with potential restitution and forfeiture.  However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

The case is being prosecuted by the Special Prosecutions Section of the U.S. Attorney’s Office for the Northern District of California.  The prosecution is the result of an investigation by the Federal Bureau of Investigation, and the Department of Labor’s Office of Inspector General and Office of Labor Management Standards.

 

Supes close to forming Office on Racial Justice and Equity; hear from County Clerk-Registrar of Voters urging vote-by-mail for November Election

By Daniel Borsuk

While critics of Contra Costa County Sheriff David Livingston and his department again blasted the Contra Costa County Board of Supervisors with complaints over the $2.8 million in proposed increased funding for the 2020-2021 fiscal year at their meeting Tuesday, no one paid any attention to an important Grand Jury report on “Police Department Staffing” that supervisors unanimously approved as a consent item during the same meeting.

In other action, Supervisors Federal Glover of Pittsburg and John Gioia of Richmond announced the potential formation of a County Office of Racial Justice and Equity for the upcoming 2020-2021 fiscal year. The board also received a progress report on the 2020 November election from Contra Costa County Clerk-Recorder Debi Cooper that heavily endorsed voters to mail ballots.

Grand Jury Report on Police Staffing

“The Grand Jury found that relatively low authorized sworn officer levels and ongoing unfilled officer positions contribute to mandatory officer overtime, reduced level of police services such as traffic enforcement and school resource officers, and longer response times,” the Grand Jury report stated.

The Grand Jury report found that the Sheriff’s Office and 15 municipal police departments have difficulty recruiting, hiring and retaining officers. “Fewer applicants than in the past are applying to law enforcement due to different career expectations, the availability of less dangerous jobs, and negative perceptions of policing,” the report stated.

The Contra Costa Herald contacted Sheriff Livingston’s office for comment about the Grand Jury’s findings, but there was no comment from the Sheriff’s Office by deadline

“Accountability is needed,” demanded Pittsburg resident Don Hernandez. “You guys (i.e., the Board of Supervisors) need to be part of the solution rather than part of the problem.”

Hernandez was one of more than 18 speakers opposing increased funding for the Sheriff’s Office, but one unidentified caller supported extra funding for the sheriff saying without extra resources sheriff deputies will not be able to properly respond to emergencies when they arise.

County worker Christopher Brown said “Racism is systemic. Something needs to change. Mental health is a huge issue. Mental health deserves to be a bigger part of the budget, not the sheriff.”

“We need a criminal justice system that does not go backwards. We need a system that solves problems.” said Walnut Creek resident Karen Perkins. “I urge you to drive away funds from the Sheriff’s Office and form a racial justice commission.”

Based on 2019-2020 data, the Sheriff’s Office and 15 cities are below the state ratio of 1.48 patrol officers per 1,000 residents. Only the cities of El Cerrito with a 1.77 ratio and San Pablo with a 1.85 ratio were above the state average. The Sheriff’s Office had a 1.06 ratio.

The report also found that every police department except Clayton, Moraga, Oakley and Walnut Creek had unfilled positions mainly as a result of retirements, officers on leave, lateral transfers of the department and resignations.

The Sheriff’s Office had the most number of unfilled positions due to resignations at 65, with Richmond having 15 unfilled positions, Antioch 10 unfilled positions, Martinez and Concord each six unfilled positions, El Cerrito 5 unfilled positions, Brentwood and San Ramon each 4 unfilled positions, Pleasant Hill 3 unfilled positions, San Pablo 2 unfilled positions, and Pinole, Pittsburg, Lafayette and Danville with 1 unfilled position each.

Even then, supervisors received a number of complaints from citizens that the sheriff does not deserve a proposed $2.8 million increase in 2020-21 funding, even though later on during the meeting County Administrator David Twa forecast that the Sheriff’s Office might lose $13 million in state Proposition 72 funds later this year.

“The sheriff will have less money next year,” said Twa, who gave a gloomy fiscal forecast. The District Attorney Office’s budget might be down $6.2 million, he predicted. The county hospital is losing $60 million in revenue and earlier this month the county laid off 30 library workers.

Yet, with all this gloomy financial news, Twa announced that after two years of labor negotiations, the county and the 9,000 members of the In-Home Supportive Services Public Authority and SEIU Local 2015 have agreed to a new labor pact that ends in 2022.

Proposed Office of Racial Justice and Equity Moves Forward

After listening an hour-long presentation from supporters for the formation of a County Office of Racial Justice and Equity, Supervisor Federal Glover of Pittsburg and John Gioia of Richmond said they plan to soon present to the full Board a new Office on Racial Justice and Equity.

Both supervisors serve on the Public Protection Committee where the proposal to form an Office on Racial Justice and Equity Is taking shape.

“One thing we will bring is the discussion of the formation of an Office of Racial Justice and Equity. Your voice has been heard. We plan to bring this proposal before the Board in the near future,” said Glover.

Gioia said it is possible supervisors can consider a proposed office at its next board meeting on July 14. “It’s a matter of listening to the community in Contra Costa County. There should be a community process on how it should be done. There will be a lot more community input.”

In what is shaping up to be a difficult fiscal year, proponents of an Office of Racial Justice and Equity called on Supervisors to defund the Sheriff’s Office and transfer those funds to the new office to assist residents of color with a 14.5 percent unemployment rate in Contra Costa County on April 2020 compared to 3.1 percent on February 2020.

Additionally, 45 percent of African Americans, 57 percent of Latinx, 26 percent Asian/Pacific Islanders, 29 percent Native Americans and 20 percent White households were financially precarious before the pandemic, according to an Insight Center study.

County Recorder-Registrar of Voters Urges Vote by Mail

Contra Costa County Recorder-Registrar of Voters Debi Cooper informed supervisors it is untrue that voting by mail promotes fraud. “Despite what you hear, voting my mail does not increase fraud, she said. Outreach and education to vote by mail has been increased. The postage is free.”

Cooper described how the department she leads that will have 45 drop boxes and six polling locations throughout the County on Nov. 3. She said voting by mail will be the safest way to vote because COVID-19 will still be present.

Cooper expected to mail 700,000 ballots and more than 500,000 ballots will be returned by voters.

“I find it unacceptable to have six polling locations in the county,” said supervisor Gioia of Richmond. “I would reevaluate churches. Churches would be willing to be polling locations and to have equipment on locations for four days.

County elections officials expect about 150,000 voters will show up at the polls to cast ballots. There were 85,000 voters at the polls in the March election.

Bowling Alleys, Bars, Hotels to Open July 1 – Possibly

With word that the Contra Costa County Department of Public Health reported 34 new COVID-19 cases last week, department director Anna Roth said the county is still moving ahead to open hotels, bowling alleys and bars on July 1 and starting on July 15 movie theaters, card rooms and banks will open.

But the news was not all that great. The county is on the state watch list because of a spike in cases. Last week the county reported 34 new COVID-19 cases bringing the county’s grand total to 2,454 cases. There have been 52 deaths in the county. “Clearly there’s been an increase,” said Roth, who attributed the rise to persons in low income communities and living in long term care facilities.

Deputy County Health Director Dr. Sarah Levine said there has been an increase in the number of young patients being diagnosed positive with COVID-19 mainly because they do not practice the main hygiene principles – constantly washing hands, covering mouths, social distance, and staying home.

However, based on the announcement by the Contra Costa Health Services on Friday, that date for those activities is in doubt. (Please see related article).

Theft occurred during height of recent civil unrest; arrested following high-speed police pursuit

SACRAMENTO, Calif. — Five individuals were indicted Thursday for the burglary of a Vacaville gun shop, U.S. Attorney McGregor W. Scott announced.

According to court documents, on June 1, police responded to reports of suspicious activity at Guns, Fishing and Other Stuff, a two-story gun and outdoor recreation store in Vacaville. Guns, Fishing and Other Stuff is a federally licensed firearms dealer. When officers responded, four vehicles fled the scene. After a high-speed chase on Interstate 80 during which vehicles reached over 100 miles per hour, one vehicle, a rented minivan, was stopped, and its five passengers were arrested after a foot pursuit. In total, the gun store reported that over 70 firearms had been stolen.

According to the criminal complaint, inside the minivan were bolt cutters, a power saw, and 13 handguns with price tags from Guns, Fishing and Other Stuff still attached. Donte Marcel Anderson, 31, of Antioch; Desteny Estrella Leilani Salazar, 22, of San Francisco; Donley Thompson, 27, of Pinole; Tracy Whitfield, 31, of Pittsburg; and Adrian Oscar Duran, 23, of San Francisco, were arrested. They are charged with possession of a stolen firearm and burglary of a federally licensed firearms dealer.

This case is the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, Vacaville Police Department, Fairfield Police Department, Antioch Police Department, Vallejo Police Department, and California Department of Justice – Bureau of Firearms. Assistant U.S. Attorneys Justin L. Lee and Brian A. Fogerty are prosecuting the case.

If convicted, the defendants face a maximum statutory penalty of 10 years in prison and a fine of up to $250,000 for both counts. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime. To learn more about Project Safe Neighborhoods, go to www.justice.gov/psn.

This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see www.justice.gov/projectguardian.

 

By Allen Payton

The Antioch City Council will hold what is expected to be the first of several community forums, labeled as Bridging the Gap – A Virtual Round Table Discussion, to “better understand and address racial injustice and police-community relations” on Tuesday night, June 30, 2020.

The forums are a result of two special meetings held last week by the council to discuss forming a two-council member ad hoc committee on police reform. On a split vote of 3-2 the council instead decided to hold community forums with all council members participating, along with the Police Crime Prevention Commission. (See related articles here and here)

The meeting will include the following elements:

1) Mayor and Council Members Opening Comments

2) Public Comments

3) Discuss and consider comments from the community.

4) Discuss and make recommendations on future agenda items and meetings

The community is invited to join the conversation to share their perspectives, ask questions, and to listen. Due to the ongoing COVID-19 pandemic, the roundtable discussion will be done remotely via Zoom. If you wish to make a public comment, you may do so any of the following ways: (1) by filling out an online speaker card, located at https://www.antiochca.gov/speaker_card, (2) by emailing the City Clerk prior to or during the meeting at cityclerk@ci.antioch.ca.us, or (3) to speak, please register for this discussion using link below: https://us02web.zoom.us/…/register/WN_s7jzT-PkSdei6BW4AUC0wA.

Antioch City Council meetings are available via Comcast channel 24, AT&T U-verse channel 99, or live stream on the City’s website at https://www.antiochca.gov/government/city-council-meetings/live/.

By Antioch Police Department & Allen Payton

Our city and the entire region are still getting hit pretty hard with catalytic converter thefts. These incidents usually during the night, but we had this one on June 11, 2020 at around 8:45 am on L Street near West 6th Street. Thieves seem to prefer hybrid vehicles (especially the Toyota Prius), but also target fleet and higher-profile cars/trucks (for ease of access).

Thieves want the converters due to the high levels of precious metals – platinum, palladium and rhodium – contained in them. When scrapped that can give the thief $375 to $850 or more per converter. The metals can also be made into jewelry and be used for protective coatings.

The unit on a Prius can cost $1,500 to $2,500 to replace depending on where you live. In California, due to California Air Resources Board regulations, you have one option only, the dealer. However, one option is to install a cover over the catalytic converter. Blue Chip Muffler in Antioch offers that solution and according to owner, Donnie Amerson, they just installed covers on two Toyota Prius’, today. They’re located a 802 W 10th Street. Call (925) 754-3636 for more information or to schedule an appointment. Visit their website at http://blue-chipmuffler.com.

If you spot any suspicious characters casing vehicles in your neighborhood (especially if they have tools and a hydraulic jack), please call Antioch Police dispatch at (925) 778-2441. If you have any information on this specific case, send them a direct message and they will forward to the investigator. Thanks for keeping a look out for your neighbors!

By Art Ray, Bay News Video.

By Sergeant James Stenger #3604, Antioch Police Violent Crimes Unit, Investigations Bureau

On June 26th, 2020, an autopsy was performed on 34-year-old Michael Hamilton by the Contra Costa County Coroner’s Office. He was suspected of stealing meat from the Antioch Lucky’s store on Contra Loma Blvd., Wednesday night, and a store employee tried to stop him, got into a physical confrontation with Hamilton who stopped breathing and died at the scene. (See related article)

The autopsy revealed there was no trauma to Mr. Hamilton’s neck, indicating there was no use of a chokehold, carotid or any other pressure applied to Mr. Hamilton’s neck. Mr. Hamilton died from underlying issues of drug use and the excitement of the struggle he was involved in during this incident.

A preliminary drug screening showed Mr. Hamilton had methamphetamine in his system, but the amount is unknown until a full toxicology report can be completed. The 56-year-old store employee was treated for minor injuries and released from the hospital on the night of this incident.