By Scott Alonso, Public Information Officer, Office of the District Attorney, Contra Costa County

On December 18, 2020, Gilberto Villegas of Pittsburg (42-years-old) pleaded no contest Attempted Murder and Carjacking related to his violent attacks on multiple victims over a two-day period in Antioch and Pittsburg during late July of 2020. Villegas also admitted to causing great bodily injury and to having a prior violent felony/ strike offense. In total, Villegas will serve 18 years in state prison for his crimes.

On the evening of July 25, 2020, Villegas approached Jane Doe 1 in a parking lot at her place of work. He pulled up his car next to the victim’s, waited until she exited the vehicle and demanded her car keys. She had attempted to leave her car and escape, Villegas brought her back to her car using physical force. The victim then threw her car keys away in an effort to end the attempted carjacking. Villegas responded by using his own car keys to stab the victim in the neck multiple times. Fortunately, a witness came upon the attack and yelled at the defendant. He then broke off his attack and fled in his own vehicle.

The next day, Villegas approached another female victim, Jane Doe 2, in a parking lot where the victim worked. The Victim was in her car during her lunch break. He proceeded to open her car door while she was inside her vehicle and strangled her to the point where she lost consciousness. After he pushed her out the vehicle, Villegas then started the victim’s car and tried to run her over. Co-workers intervened and Villegas fled the parking lot in Jane Doe 2’s car.

As part of the criminal complaint filing against Villegas, he had a prior violent felony for a 2015 conviction for a robbery with the use of a weapon.

The case was prosecuted by Deputy District Attorney Chris Sansoe of the Victims of Violent Crimes Unit. The cases involving Villegas were investigated by the Antioch and Pittsburg Police Departments.

Case information: People v. Gilberto Villegas Docket Number 04-200031-3 and 04-200067-7.

Doubles minimum cash amount to $1,000; notices must be issued in multiple languages; plus more requirements

By Scott Alonso, Public Information Officer, Office of the District Attorney, Contra Costa County

Martinez, Calif. – On Monday, Dec. 14, 2020, Contra Costa County District Attorney Diana Becton formalized a new policy for civil asset forfeiture cases within the DA’s Office. In June 2019, DA Becton implemented an interim policy to address growing concerns with certain types of civil asset forfeiture cases. This interim policy is now permanent for the DA’s Office and applies to the entire county. Civil asset forfeiture cases are a civil procedure for law enforcement to seize cash and other property from suspects alleged to have ties to drug trafficking and drug sales.

The policy covers the following items:

• A new threshold for any case, the amount seized must total at minimum $1,000 for the DA’s Office to consider using the civil asset forfeiture process. Previously, under prior administrations, the amount seized could be as low as $500 for the office to initiate civil asset forfeiture proceedings.
• The seizing law enforcement agency must serve a Notice of Non-Judicial Forfeiture Proceedings and a Claim Opposing Forfeiture on any person who has, or may have, an interest in the seized property. Under this new policy and for the first-time, this notice is now required to be translated into multiple languages, including Spanish and Mandarin.
• A criminal case will accompany any civil asset forfeiture proceeding. This will align the DA’s Office charging standards to mirror all criminal cases. Some exceptions include:
• If the property is abandoned or not claimed, then our policy would not apply.
• Where the property subject to forfeiture is claimed by a third party who does not appear to own the property or have an interest in the property.

“The community rightfully has tremendous concerns about the use of the civil asset forfeiture process by law enforcement. I have listened to the concerns and instituted this new policy on a permanent basis. We must only use civil asset forfeiture when absolutely necessary and in conjunction with a criminal case,” Becton stated.

By Scott Alonso, Public Information Officer, Office of the District Attorney, Contra Costa County

Shawn Jamison Prichard. Photo: CCDA

Martinez, Calif. – On Thursday, December 10, 2020, the Contra Costa County District Attorney’s Office filed felony child pornography charges against 41-year-old Antioch resident Shawn Jamison Prichard. Prichard is charged with three counts of distribution of child pornography and one count of aggravated possession of child pornography.

Aggravated possession is defined as any person who, with knowledge of its contents, possesses one hundred (100) or more separate materials depicting child pornography shall be, upon conviction, guilty of aggravated possession of child pornography.

On December 9, 2020, the Internet Crimes Against Children Task Force served a search warrant in the 2400 block of Mammoth Way in Antioch. During the service of the search warrant, several items of digital evidence were reviewed which contained child pornography. As a result, Prichard was taken into custody and booked the Martinez Detention Facility. Prichard’s bail was set by the court at $1,000,000. Prichard remains in the custody of the Contra Costa County Sheriff’s Office. Prichard appeared in court for his arraignment on Friday December 11, 2020.

The Silicon Valley Internet Crimes Against Children Task Force is managed by the San Jose Police Department. In Contra Costa County, detectives and investigators from the Walnut Creek, Concord, Martinez, Brentwood and Moraga Police Departments, the Contra Costa County Sheriff’s Office, Contra Costa County Probation Department and Contra Costa County District Attorney’s Office participate in the task force along with Special Agents from the United States Department of Homeland Security and the United States Secret Service.

Parents are encouraged to discuss online safety with their children and can visit the website www.kidsmartz.org for further information. If you believe your school or community organization would benefit from a smartphone and social media awareness presentation, please contact the District Attorney’s Office at DA-Office@contracostada.org.

Anyone with information about this investigation is encouraged to contact Senior Inspector Darryl Holcombe at 925-957-8757 or dholcombe@contracostada.org.

Case information: People v. Prichard Docket Number 04-200770-6

Allen Payton contributed to this report.

First-in-the-nation legislation labeled “Cure the Conflict” to require prosecutors recuse themselves from investigating, prosecuting police misconduct if they’ve received campaign contributions from police unions

Does not include similar provisions for contributions from criminal defense attorneys

Becton wants to take it further and ban contributions from police unions to DA candidates; refuses to answer questions

Contra Costa District Attorney Diana Becton. From CCC website.

By Allen Payton

In her continued effort to limit the influence of police unions in supporting and electing candidates for district attorney, Contra Costa DA offered support on Friday, Oct. 23 for the bill by California State Assemblymember Rob Bonta (D-Oakland) that will require elected prosecutors to recuse themselves from the investigation and prosecution of law enforcement misconduct if they accept financial contributions from law enforcement unions.  The legislation will be sponsored by the Prosecutors Alliance of California and co-sponsored by numerous District Attorneys.  It will be introduced when the new legislative session convenes in December.

“This is about trust in law enforcement, and trust in the independence of our elected prosecutors,” said Bonta.  “As people across our cities, states and our nation have come together to raise their voices and demand greater justice, we must cure the conflict of interest that gives, at minimum, the appearance that police are not held accountable due to the proximity and political influence of law enforcement associations and unions.”

“Now, more than ever, prosecutors have the responsibility to promote equal justice and build trust with the communities we serve. In order to do that, we must eliminate the conflict of interest existing when elected prosecutors accept police union support,” said San Francisco District Attorney Chesa Boudin.  “It is only when prosecutors are not financially beholden to law enforcement unions that the public can be confident in the decisions prosecutors make about holding police officers accountable.”

“Law enforcement unions generally finance the legal representation of an accused officer, and when prosecutors receive financial support from the entity funding the defense a conflict of interest arises for elected prosecutors,” said Contra Costa County District Attorney Diana Becton.  “To restore trust in law enforcement we must cure this conflict.”

Recently, the Prosecutors Alliance of California called on the State Bar to create a new rule of professional responsibility to preclude prosecutors from taking police union money.  The Alliance took this step in the wake of the murder of George Floyd and Breonna Taylor in an effort to increase the independence of prosecutors from police. The State Bar is scheduled to reconvene tomorrow to continue discussions on the topic.

According to a June 1st press release from Becton’s office, “The Prosecutors Alliance of California is a non-profit organization that provides public education, support and training to prosecutors and their offices. The Prosecutors Alliance of California Action Fund is a social welfare organization that advocates for criminal justice reform legislation, engages and educates the public on criminal justice ballot measures, and supports candidates for state and local office who advocate for comprehensive reforms to our justice system.” (See related article)

The bill by Bonta to be considered by the Legislature will take a different path. Rather than precluding prosecutors from soliciting or accepting law enforcement union contributions as Becton supported earlier this year, it requires a prosecutor that accepts a law enforcement union’s contribution to recuse themselves from the decision-making process if one of the organization’s members is suspected of criminal conduct. In such cases, the State Attorney General’s Office would be asked to handle the case.  This will help reassure family members, community stakeholders and the public that decisions are made based on the facts and the law, not political horse trading and back scratching.

According to Becton and Bonta, “by closing this loophole, the Legislature will reduce the presence of conflicts of interest and ensure independence on the part of elected prosecutors. This legislation also aspires to help reestablish community trust in the integrity of prosecutors at a time when national events have damaged that trust.”

A question was sent to Becton on Oct. 23 asking her if she also supports DA’s recusing themselves from cases involving prosecution of public defenders or criminal defense attorneys who have contributed to the campaigns of elected prosecutors.

That was along the same lines of the questions sent through Scott Alonso, her department’s public information officer, earlier this year to which Becton never responded. She was asked specifically, will she try to ban political campaign contributions to DA candidates from criminal defense attorneys and public defenders and not just police unions?

Following is the email message with questions sent to Alonso for Becton on June 1 regarding her press release entitled, “LAW ENFORCEMENT LEADERS CALL ON STATE BAR TO CREATE NEW ETHICS RULE TO END THE CONFLICT OF INTEREST BETWEEN PROSECUTORS AND POLICE UNIONS – New Ethics Rule Would Help Restore the Independence, Integrity, and Trust of Elected Prosecutors by Preventing Them From Taking Donations From Police Unions”

“Scott,

Please ask DA Becton to clarify her comment because it’s not clear what she’s trying to say and answer my questions, below.

“The legal representation of an accused officer is generally financed by their law enforcement union,” said Contra Costa District Attorney Diana Becton.  “It is illogical that the rules prohibit prosecutors from soliciting and benefiting from financial and political support from an accused officer’s advocate in court, while enabling the prosecutor to benefit financially and politically from the accused’s advocate in public.”

Is she saying that currently a prosecutor cannot solicit and benefit from financial and political support from an attorney representing a police officer accused of a crime while in court or during the court case? But the police officer’s attorney can support the prosecutor financially and politically when not in court or during the court case?

Please clarify who the accused is in her comment about the “accused’s advocate”. I assume it’s the same accused officer she refers to twice before in her comment. But, not sure.

Also, are she and the rest of the DA’s willing to forgo any financial contributions from criminal defense attorneys and public defenders? How about no financial support from any organization and only from individuals who live within their counties? How far should this go to ensure fairness in prosecutions? Isn’t this really one-sided? Also, if the police unions have so much influence in our county and they all backed Becton’s opponent in the last election how did she still win? Isn’t she in effect attempting to violate the free speech rights – which political campaign contributions have been defined as by the courts – of the police unions?

Alonso responded that because the questions were political, he could not respond, even though the press release was sent from the Contra Costa District Attorney’s office through his email account. Further efforts asking him to forward the questions to Becton and getting her to respond were unsuccessful.

The latest question about the proposed legislation by Bonta and the questions from June 1st were sent to Becton’s personal email address on Friday, Oct. 23

Previously, a phone call to her was made asking her about the issue, but Becton was watching a Zoom meeting and said she didn’t have time to discuss it.

To date, Becton has yet to answer any of the questions posed to her about her efforts to only limit the influence of police unions in elections for district attorneys and not also limit the influence by criminal defense attorneys.

Please check back later for any updates to this report.

Scott Alonso, Public Information Officer, Office of the District Attorney, Contra Costa County contributed to this report.

By Allen Payton

A coordinated email blast was sent out to Antioch residents on Saturday, Oct. 10, entitled “Mayor Sean Wright Lies – a Page Out of Trump Playbook” by Councilmember Monica Wilson, Mayor Pro Tem Joy Motts and council candidate Nichole Gardner who is running in District 3. It follows on the heels of the letter to the editor sent out by Contra Costa County District Attorney blasting Wright for his response to her policy on charging people for looting during a state of emergency. (See related articles, here and here). They shared her letter to the editor, again.

They also injected partisan politics into the campaign for the non-partisan offices of mayor and city council, labeling Wright a Republican.  The three also attempted to tie Wright to the president calling him “Antioch’s Baby TRUMP”.

The email was sent out from Wilson’s personal account and the link to photo of the three candidates takes you to her campaign Facebook page.

When reached for comment, Wright responded, “Antioch is at the crossroads when it comes to crime. If my fellow electeds don’t see that, they are wearing blinders and putting our residents in harm’s way. Antioch CANNOT support any policy that allows shoplifters, looters or individuals in possession of hardline drugs like heroin, cocaine or methamphetamines to go scot-free. Calling me names or wrongly associating me with politicians I don’t even know won’t change my position on this issue.”

From: Monica, Joy & Nichole <wilsonme@gmail.com>

Sent: Saturday, October 10, 2020, 05:44:25 PM PDT

Subject: Mayor Sean Wright Lies – a Page Out of Trump Playbook

We are beyond disturbed by Republican Sean Wright’s dog-whistle attacks on people of color. He’s clearly cut from the same cloth as Donald Trump. He makes a mockery of serious public policy on social media like Trump. He lies about almost anything like Trump. And, he literally has contempt for poor people like Trump. Below is a letter from our county’s top law enforcement officer, District Attorney Diana Becton about Sean Wright’s lies.

Contra Costa District Attorney Diana Becton and Antioch Mayor Sean Wright. Herald file photos.

Filed felony looting case, refers low-level drug cases to behavioral health care system for treatment

Dear Antioch Residents:

“The most dangerous untruths are truths slightly distorted.” Recently, Sean Wright, the Mayor of Antioch has made repeated distorted untruths about the District Attorney office policies, and about my record as your District Attorney. To have an elected official, make distorted truths, and then hide his head in the sand and refuse to learn the true facts is troubling to say the least. I take transparency and accountability very seriously, as any elected official should.

Facts matter. First, the Mayor bought a political smear hit piece from a biased website about looting. He never reached out to me to find out what my office guidelines actually require.  The guidelines do not prohibit the filing of any looting case – in fact, just recently, we filed a felony looting case. The truth is, my office guidelines assist prosecutors in making the distinction between thefts and burglaries that merely happen while we are in the pandemic, and lootings which are substantially motivated by a state of emergency. The guidelines are on the District Attorney website. I encourage you to read them. (See related article)

Second, your mayor attacked our office policies regarding low-level, stand alone drug cases. (See related article) What he fails to mention is that initially these cases are referred to the behavioral health care system for treatment. Please do not forget the failed policies of the War on Drugs. Arresting citizens for possession of small amounts of drugs, taking them to jail, and releasing them without treatment ensures that these individuals will soon be arrested again, and so the cycle continues. The aim of my office policy is to stop chronic patterns of arrest, to connect individuals to behavioral health services, to reduce the burden on the court system and law enforcement, and to allow prosecutors to focus on more serious and violent crimes. Of course, repeat offenders can be charged, diverted or suffer additional consequences.  As the chief law enforcement officer for the county, I take my oath seriously to protect the public. However, clogging our criminal justice system with low-level crimes does not deter crime nor find equitable solutions for our community. I am focused on common-sense solutions that are fair and equitable, and good for the entire community. 

Here are some items to keep in mind during this election season. We cannot let lies get in the way of the truth, even during campaign season. The mayor is making this a political attack against me in order to bolster his campaign for re-election, and to take swipes at his East Bay Times endorsed opponent, Lamar Thorpe. Stand on our own record Mr. Mayor, and please stop trying to bolster your platform by making distorted claims about our office policies. During the election season, we hear from elected officials about their vision for their community. Unfortunately, despite his message of unifying the community, your Mayor is trying to divide Antioch and use our office as a foil and create a controversy when none exists. Examine the facts. Facts matter.

Sincerely,
Diana Becton

District Attorney, Contra Costa County

Program promotes racial equity in prosecution and reducing the use of jails; only one of seven DA’s offices in the nation; will host six weekly podcast-styled video discussions beginning Wednesday

By Scott Alonso, Public Information Officer, Office of the District Attorney, Contra Costa County

Martinez, Calif. – Contra Costa County District Attorney Diana Becton announced, Monday the next phase of work with the Vera Institute of Justice. The DA’s Office first partnered with Vera in 2018 to take a critical look at the inner workings of the office through a data driven focus. Vera’s Reshaping Prosecution program offers reform minded prosecutors to opportunity to analyze their own data, policies, and practices with a lens toward reducing racial disparities and mass incarceration, delivering justice, and pursuing public safety.

According to the organization’s website, “Vera is partnering with prosecutors to put their campaign promises into action as concrete, data-informed policies and practices.”

The website continues with, “Across the country empowered communities have demanded a new approach to criminal justice by electing prosecutors committed to change. Standing on forward-looking platforms including promises of bail reform, diversion, and ending mass incarceration, a new generation of prosecutors in Chicago, Philadelphia, Jacksonville, Orlando, Contra Costa, Denver, St. Louis and elsewhere are part of a small but growing cadre who understand what many Americans have also learned: that ‘tough on crime’ does not equal public safety.”

According to the organization’s Facebook page, it was founded in 1961 and “works to secure equal justice, end mass incarceration, and strengthen families and communities across America.”

The DA’s Office has shared data from the Office’s case management system from the time period of January 1, 2014 to July 30, 2019. Once the data and policy analysis are complete, Vera will present their findings and recommendations to DA Becton. After the findings have been analyzed internally and shared officewide, they will be publicly released.

“Our community is calling for a more transparent and equitable criminal justice system. I am excited to partner with Vera to work on those long-standing issues, especially around the analysis of our data. Data from any law enforcement agency tells a story,” Contra Costa County District Attorney Diana Becton stated. “We need this data analysis to improve our communication with the public and our law enforcement partners. As a former judge and now district attorney, I understand the systemic issues in our county with racial disparities. We must think critically about how best to improve our operations and work with our law enforcement partners to ensure our prosecutions are just. With this partnership with Vera, we can shine a light on our practices and make informed decisions to better protect the public.”

Contra Costa is one of only seven prosecution offices nationwide participating in the Reshaping Prosecution program. Each office will have a designated internal working group that will reflect on a range of topics including: a deeper dive into the historical role of the prosecutor, working with your community and exploring what justice looks like, and discussions around building group cohesiveness to lay the foundation for successful implementation of reforms.

“Vera applauds District Attorney Becton’s commitment to racial-equity and transparency,” said Jamila Hodge, Director of the Reshaping Prosecution Program at the Vera Institute of Justice. “Our partnership will address the disparities that have impacted Black, brown, and Indigenous communities in Contra Costa County by providing analysis and policy solutions, critical steps to reduce harm, rebuild trust, and deliver the safety and justice our communities deserve.”

Training and exposure to different ways of thinking is also an important component of the partnership. For six weeks, beginning October 7th, Vera will host a weekly podcast-styled video discussion series focused on why racial equity is integral to the prosecutorial role, and how prosecutors can center racial equity in decision making. The series will feature criminal justice experts from across the country who will cover a range of topics including: Origins of the Criminal Justice System; Centering Human Dignity; Accountability vs. Punishment; Restorative Justice; Community Well-Being; and Action Steps for Prosecutors.

Allen Payton contributed to this report.

Dear Editor:

Since this appears to be an issue, I’d like to make something clear.

District Attorney Diana Becton is brilliant, someone I admire and respect and am blessed to be able to consider her a friend.  I 100% believe she is making resource decisions that are difficult and should not be challenged until or unless you understand resource limitations.  This is not about her protecting criminals. It is about making sure we have the resources to prosecute violent and high-level crimes. I agree with that and support the decisions she has had to make.

With that said, since I am an adult and have the right to make my own decisions, I am supporting Sean for Mayor.

I also supporting Fernando Sandoval against Greg Enholm, and Clyde Lewis for school board.

I also support Tammany Brooks our Police Chief, and anybody that calls him racist should research his background.  His father is Black and he grew up in the hood and knows more about crime and real life more than many people I know. He grew up the way I did, and I have nothing but respect for him.

If this offends anybody, that’s your right.

I have one more thing to say everybody.

I can’t not share other things I know about people running for office during election season.

Although I was and still am hurt by Ken Turnage’s opinion about older people because of my own age, I would be wrong to not share that Ken helped save the lives of one of my students and one of my family members by blessing them with jobs and emotional support when they both needed it.

Iris Archuleta

Antioch