Applies to everyone; but cities can have more stringent terms and stricter time limits – Antioch’s curfew begins at 6:00 p.m.

By Susan Shiu, Director, Office of Communications and Media, Contra Costa County

The Contra Costa County Board of Supervisors unanimously passed a proclamation of local emergency, Tuesday morning, June 2, 2020, in response to civil disturbances after peaceful protests in the county following George Floyd’s death in Minneapolis. The Board also adopted an order imposing a curfew in Contra Costa County due to civil unrest to begin Tuesday, June 2, 2020 at 8:00 pm. The curfew requires people in the county to stay indoors from 8:00 pm until 5:00 am the following day, until further notice.

“These are challenging times. The sorrow and pain that have filled our hearts here in our Bay Area home cannot be denied. The need and right to protest and be heard are ones that we all support,” said Supervisor Candace Andersen, chair of the county Board of Supervisors. “Today’s emergency proclamation and curfew order will help the county respond to looting, vandalism and any violence that should not be part of peaceful protests. That we do not support, as they only hurt our communities. We want peaceful protests, and we want all members of the public to be safe.”

The proclamation states that “Conditions of disaster or extreme peril to the safety of persons and property, including to public facilities, have arisen within the County, caused by civil unrest, commencing in the County on or about May 31, 2020. Civil unrest in the form of riots and looting have arisen from protests in response to the tragic death of an unarmed man, George Floyd, in Minneapolis, Minnesota, while being detained by a police officer. The majority of protestors have acted peacefully and lawfully. But some protests throughout the nation, including in cities such as Walnut Creek, San Francisco, Oakland, and San Jose, have given rise to injuries, looting, and property destruction.”

“Mr. Floyd tragically died just over a week ago. We recognize the importance of peaceful protests,” said County Administrator David J. Twa, who serves as the Administrator of Emergency Services. “We also want to emphasize the need for residents to stay home in the evenings and at night to stay safe. Our job is to protect lives, all lives. We want all people to stay safe during these difficult times.”

In response to a question about the jurisdiction of the order and whether it only applies to unincorporated areas in the county outside city limits, Shiu responded, “The Order provides that, ‘In the event that the terms of the County’s curfew order are more stringent (e.g. that the start time is earlier or the end time is later) than any city’s curfew order within the County, the County’s curfew order will apply within that city and supersede the city’s order to that extent.’ And if a city’s order on time is stricter, the city’s stricter curfew time will be in place.”

See Emergency Order of Curfew.

EMERGENCY ORDER IMPOSING A CURFEW WITHIN THE COUNTY OF CONTRA COSTA DUE TO CIVIL UNREST

WHEREAS, on June 2, 2020, the Board of Supervisors of the County of Contra Costa proclaimed, pursuant to Government Code section 8630 and Contra Costa County Ordinance Code Chapter 42-2, the existence of a local emergency because the County of Contra Costa (“County”) is affected or likely to be affected by a public calamity due to conditions of disaster or of extreme peril to the safety of persons and property arising as a result of civil unrest in the County.

WHEREAS, Government Code Section 8634 authorizes the Board of Supervisors to promulgate orders and regulations necessary to provide for the protection of life or property during a local emergency, including imposing a curfew where necessary to preserve the public order and safety.

WHEREAS, there exists imminent danger to life and property during the hours of darkness, and it is especially difficult to preserve public safety during these hours.

WHEREAS, a curfew is necessary to preserve the public order and safety in the County.

NOW, THEREFORE, IT IS HEREBY ORDERED THAT:

1. A curfew is imposed Countywide, within the unincorporated and incorporated areas of the County.
2. The hours of curfew are between 8:00 p.m. and 5:00 a.m. of the following day.
3. No person, except as set forth in Section 4, below, shall be upon a public street, avenue, boulevard, place, walkway, alley, park or any public area or unimproved private property within the boundaries of the County between 8:00 p.m. and 5:00 a.m. of the following day.
4. This Order shall not apply to peace officers, firefighters, and National Guard deployed to the area, individuals traveling to and from work, people experiencing homelessness and without access to a viable shelter, and individuals seeking medical treatment.
5. This Order shall be effective immediately as of June 2, 2020, commencing at 8:00 p.m. and extending until the termination of this Order. The County Administrator is authorized to amend and terminate this Order in accordance with Government Code Section 8634.

Any violation of this Order is a misdemeanor as provided by Government Code section 8665 and any applicable state or local law, and violators may be subject to immediate arrest.     In the event that the terms of the County’s curfew order are more stringent (e.g., that the start time is earlier or the end time is later) than any city’s curfew order within the County, the County’s curfew order will apply within that city and supersede the city’s order to that extent.

Dated: June 2, 2020

See Proclamation of Local Emergency (Resolution No. 2020/155).

BOARD OF SUPERVISORS RESOLUTION PROCLAIMING EXISTENCE OF A LOCAL EMERGENCY Resolution No. 2020/155

IN THE MATTER OF Proclaiming the Existence of a Local Emergency (Gov. Code, § 8630)

The Board of Supervisors of Contra Costa County RESOLVES as follows:

Contra Costa County Ordinance Code Chapter 42-2 empowers the Board of Supervisors to proclaim the existence or threatened existence of a local emergency when the County is affected or likely to be affected by a public calamity.

The Board of Supervisors has been requested by the Director of Emergency Services of the County to proclaim the existence of a local emergency therein.

The Board of Supervisors finds as follows:

1. Conditions of disaster or extreme peril to the safety of persons and property, including to public facilities, have arisen within the County, caused by civil unrest, commencing in the County on or about May 31, 2020. Civil unrest in the form of riots and looting have arisen from protests in response to the tragic death of an unarmed man, George Floyd, in Minneapolis, Minnesota, while being detained by a police officer. The majority of protestors have acted peacefully and lawfully. But some protests throughout the nation, including in cities such as Walnut Creek, San Francisco, Oakland, and San Jose, have given rise to injuries, looting, and property destruction.
2. These conditions, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of this County, and will require the combined forces of other political subdivisions to combat.
3. These conditions fit the circumstances described in Government Code section 8558.

NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now exists throughout the County; and

IT IS FURTHER PROCLAIMED AND ORDERED that, during the existence of the local emergency, the powers, functions, and duties of the emergency organization of this County shall be those prescribed by state law, and by ordinances and resolutions of this County, and by the County of Contra Costa Emergency Operations Plan, as approved by the Board of Supervisors on June 16, 2015.

PASSED on June 2, 2020, on a unanimous 5-0 vote.

ATTEST: David J. Twa, Clerk of the Board of Supervisors and County Administrator

Allen Payton contributed to this report.

By Jimmy Lee, Director of Public Affairs, Contra Costa County, Office of the Sheriff

A search for a missing boater is continuing this morning by the Contra Costa County Office of the Sheriff Marine Patrol Unit.

On Thursday, May 28, 2020, at about 10:30 in the morning, the Sheriff’s Office received a report of a missing boater who had gone into the waters in the San Joaquin River, north of Webb Tract.

The Contra Costa Sheriff’s Office Marine Patrol Unit responded and were assisted by Solano County, Sacramento County, San Joaquin County and the U.S. Coast Guard.

Umut Felik, a 27-year-old man from San Francisco, was swimming when he apparently had trouble staying above the water. At one point he went underwater and did not resurface. His friends on a boat went into the water to search for him but were not able to find him. They reported the incident to the Sheriff’s Office.

A search of the area with a sonar was suspended at 8 PM. Felik was not located.

Anyone with any information on this incident to asked to contact the Contra Costa Sheriff’s Office Marine Patrol Unit at (925) 427-8507.

By Jimmy Lee, Director of Public Affairs, Contra Costa County Office of the Sheriff

35-year-old Adam Ortega, a transient in Brentwood, was booked into the Martinez Detention Facility at about 10 AM on Friday, April 17, 2020. He was booked for the offenses requested by the Brentwood police, possession of a dangerous weapon and probation violation. (See related articles, here, here and here)

Because of the Judicial Council of California’s mandatory emergency rule of zero bail for misdemeanors and non-violent/non-serious felonies, both of the alleged offenses committed by Ortega were zero bail. He was later cite released. (See related article)

“I like most California Sheriffs believe the Judicial Council’s decision to implement $0 bail for a wide range of criminal offenses was irresponsible, unnecessary and an overreaction,” said Contra Costa County Sheriff David Livingston. “A state-wide solution to local issues is almost never good policy – that is certainly the case here. People who commit offenses against others should be held accountable, COVID-19 or not.”

Domestic violence related; suspect arrested

By Jimmy Lee, Director of Public Affairs, Contra Costa County Office of the Sheriff

On Tuesday, February 11, 2020, at about 3:24 PM, the California Highway Patrol received a call of a rollover vehicle accident in the area of Kirker Pass Road and Hess Road near Concord.

During the initial CHP investigation, it was discovered that the cause of the accident was apparently domestic-related. The Office of the Sheriff responded to the location and started an investigation.

Deputy Sheriffs found the incident involved a woman and a man who were in a previous relationship. The woman and two others were driving in a tan colored 2004 Chevy Tahoe SUV. The suspect, who was in a white colored 2015 Mercedes Benz, followed behind and later pulled in front of the victim’s car causing her to lose control and flip over an embankment.

The driver of the Chevy Tahoe, who was ejected from the vehicle according to ConFire personnel, was taken to a local hospital and is said to be in critical condition. According to the CHP many vehicles pulled over and passersby helped turn the vehicle onto its side. One of the other occupants, a little girl, was treated and released from the hospital. The last occupant of the SUV was uninjured.

The driver of the other vehicle was later arrested by Deputy Sheriffs. He is identified as 28-year-old Alejandro Arriaga of Concord. He was later booked into the Martinez Detention Facility on three felony counts of assault with a deadly weapon and one felony count of child cruelty. Arriaga is being held in lieu of $190,000 bail.

Anyone with any information on this case or who might have witnessed it is asked to contact detectives at (925) 313-2600. Tips could be emailed to: tips@so.cccounty.us or call (866) 846-3592 to leave an anonymous voice message.

Allen Payton contributed to this report.

 

By Jimmy Lee, Director of Public Affairs, Contra Costa County Office of the Sheriff

Sheriff-Coroner David O. Livingston announces that a Coroner’s Jury has reached a finding in the March 7, 2019 death of 65-year-old Leartis Johnson of Antioch at the Martinez Detention Facility. The finding of the jury is that the death is natural causes. (See related article)

The Coroner’s Jury reached the 12-0 verdict after hearing the testimony of witnesses called by the hearing officer, Matthew Guichard.

Johnson was originally booked into the MDF on May 16, 2018 by the BART police. His original charges included attempted murder, assault with a deadly weapon, and robbery.

A Coroner’s Inquest, which Sheriff-Coroner Livingston convenes in all fatal incidents involving police officers, is a public hearing, during which a jury rules on the manner of a person’s death. Jury members can choose from the following four options when making their finding: accident, suicide, natural causes or at the hands of another person, other than by accident.

Suspects are or will be released; Sheriff stands by his department’s investigation.

By Allen Payton

In a news release, this evening, Scott Alonso, the Public Information Officer for Contra Costa District Attorney Diana Becton, wrote, “Today the District Attorney’s Office met with members of the Contra Costa County Office of the Sheriff to review the Orinda Halloween shooting incident. No criminal charges are being filed at this time against any individual. The investigation is ongoing. Anyone with information about the case should call the Sheriff’s Homicide Unit at 925-313-2600.” (See related article)

When reached for comment, Alonso said, “We made the decision about 5:00 p.m. tonight.”

Asked if all five suspects who were arrested would be released, he responded, “That’s my understanding, yes. If they have no holds are on their records, then they will be released, tonight. If there are no charges filed against them. Four are in custody of the Contra Costa Sheriff. One is in custody of the Marin County Sheriff.”

Asked why D.A. Becton chose not to charge any of the suspects, Alonso said, “We have a really high filing standard and we need more information. We are collaboratively working with the Sheriff’s Office to see what else is out there.”

“It’s very complex. We want more witnesses to come forward. There were a lot of people at that party,” he added.

When reached for comment and asked about the suspects, Jimmy Lee, the Director of Public Affairs for the Contra Costa County Office of the Sheriff responded, “They have either been released or are in the process.”

“We stand by our investigation and the arrests were made pursuant to a judge’s order,” he continued. “Although the district attorney may want more investigation done, the persons arrested and responsible for these crimes will ultimately be held to account. The entire investigation is ongoing, as is common in these types of complex cases.”

Shootings were result of rival gangs

By Daniel Borsuk

More arrests are expected to be made in connection with the Orinda Airbnb case where five people were shot and killed on Halloween night, Contra Costa County Sheriff David O. Livingston said at a press conference Friday afternoon.

Unable to provide further details, the sheriff said that five suspects had been arrested on Friday in connection with the Orinda shootings on Friday that had ties with two Bay Area gangs – the Page Street Gang of San Francisco and the Marin City Jungle Gang of Marin City.

Sheriff Livingston said he expects any additional persons arrested in the Orinda Airbnb case will likely have gang affiliations. He would not elaborate.

The five suspects under arrest are identified as:

• Shamron Mitchell, 30, of Antioch. Mitchell was arrested on the charges of murder and conspiracy. He is being held without bail.
• Lebraun Wallace, 28, of San Mateo. Wallace was arrested on the charges of murder and conspiracy. He is being held without bail.
• Jaquez Deshawn Sweeney, 20, of Marin City. Sweeney was arrested on the charges of murder and conspiracy. He is being held without bail.
• Jason Iles, 20, of Marin City. Iles was arrested on the charges of murder and conspiracy. He is being held without bail.
• Devin Williamson, 21, of Vallejo. Williamson was arrested on the the charges of being an accessory. He is being held in lieu of $500,000 bail.

“Extraordinary cooperation among multiple law enforcement agencies led to these arrests and a small measure of justice for the true victims,” said Sheriff Livingston.

“We have video showing a number of people at the party had carried firearms and secreted their firearms in their pants once the shooting spree in the house had subsided,” the sheriff said.

Four firearms were recovered by law enforcement authorities at the crime scene, Sheriff Livingston said.

“We believe people at the party had intent to do harm at this party,” the sheriff said in reference to potential connections with other gangs in the Bay Area. “Additionally, evidence shows two of the deceased persons inside the house were themselves armed, which may have played a role in this tragedy,”

Those victims, who had possessed weapons, were Ramon Hill Jr., 24, of San Francisco/Oakland and Javin County, 29, of Sausalito/Richmond.

Other murder victims were Tiyon Farley, 22, of Antioch; Omar Taylor, 24, of Pittsburg; and Oshiana Tompkins, 19, of Vallejo/Hercules, according to the sheriff’s office. Five additional victims suffered gunshot wounds. One person jumped 30 feet over a balcony to escape the gunfire, said deputies.

“The blame rests specifically on the people who brought guns into the party, pulled the trigger and murdered someone. That’s who should have the blame in this case,” said the sheriff.

The sheriff said neither the Orinda police, the homeowner, nor Airbnb deserve blame in this case.

In the aftermath of the crime, Orinda Mayor Inga Miller said the city council is expected to consider tougher home rental ordinance proposals that would apply to Airb&b at Tuesday’s council meeting. “I want to thank the Contra Costa County Sheriffs Office and other local law enforcement agencies for the resources they have deployed into resolving this heinous crime,” said Miller

The Antioch Police Department, San Mateo Police Department, Vallejo Police Department, Marin County Sheriff’s Office, U.S. Marshalls Service, Bureau of Alcohol, Tobacco, Firearms and Explosives and Federal Bureau of Investigation assisted in the Contra Costa County Office of the Sheriff in this case.

Persons with any information is asked to contact the Sheriff’s Office Investigation Division at (925) 313-2600. For any tips, please email: tips@so.cccounty.us or call (866) 846-3592 to leave an anonymous voice message.

Renter lied about reason for renting Airbnb home.

By Jimmy Lee, Director of Public Affairs, Contra Costa County Office of the Sheriff

The Orinda Police Department and the Contra Costa County Office of the Sheriff continue to investigate a shooting that occurred on the 100 block of Lucille Way in Orinda on Thursday, October 31, 2019, at about 10:50 PM.

Orinda Police Officers, along with law enforcement officers from throughout the county, arrived on scene and found a house party with over 100 attendees. The party-goers apparently came from throughout the Bay Area for the Halloween event, which was advertised on social media. The party took place in a home that was found on a short-term rental website.

According to the Associated Press, the home was rented by a woman who “lied to hair Airbnb host, saying she only needed a place to keep her family members away from wildfire smoke”.

Arriving Officers found a highly chaotic scene that included gunshot victims, injured party-goers, and numerous people fleeing the scene. Officers triaged the victims, cleared the location for safety and safeguarded the crime scene. Law enforcement officers found three gunshot victims who were later pronounced deceased at the scene. Another died at the hospital.

The victims are identified as 22-year-old Tiyon Farley of Antioch, 24-year-old Omar Taylor of Pittsburg, 23-year-old Ramon Hill Jr. of San Francisco/Oakland and 29-year-old Javin County of Sausalito/Richmond. An additional victim has been pronounced deceased at a local hospital. She is identified as 19-year-old Oshiana Tompkins of Vallejo/Hercules. There are now a total of five fatalities in this shooting.

Several other victims were transported to local hospitals by ambulance, while some victims transported themselves to the hospital. The injured suffered from gunshot wounds and injuries sustained while fleeing the scene.

A number of law enforcement agencies from the Bay Area assisted during the initial response as well as during the ongoing investigation. These include the Contra Costa D.A.’s Office and the Federal Bureau of Investigation.

The Sheriff’s Office Forensic Services Division Crime Lab responded to the home to process the scene. Two firearms were located in the house. The Crime Lab is analyzing the weapons to determine if they were used in the shooting or any other crimes. Numerous shell casings found at the scene are being processed and analyzed by the Crime Lab.

The investigation into this incident is ongoing with numerous interviews of witnesses and the analysis of evidence. The suspect is still outstanding.

Orinda Police Officers were yesterday called to the house at 9:19 PM and 10:25 PM regarding a noise complaint. At 10:48 PM, an officer was headed to the home to investigate the calls. The initial reports of shooting came in around 10:50 PM.

Anyone with any information on this case is asked to contact the Orinda Police Department or Office of the Sheriff at (925) 646-2441. The Investigation Division can be reached at (925) 313-2600. For any tips, email: tips@so.cccounty.us or call (866) 846-3592 to leave an anonymous voice message.

Allen Payton contributed to this report.