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MINUTES - 07271993 - 1.17 (2)
Rte/•/7 CLAIM jUN 2 81993 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA OOUMTI' OOUIa, Claim Against the County, or District governed by) BOARD ACTIONNRTINE7, MIF. theBoard of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT JULY 27, 1993 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Coots. _i the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Undetermined Section 913 and 915.4. Please note all *Warnings". CLAIMANT: MADAMBA, Asterio; MADAMBA, Claude; MADAMBA, Monique, POON, Victoria; WRIGHT, Melissa; MADAMBA, Myleen; and MADAMBA, Andrew ATTORNEY: Donald C. Schwartz, Esq. Date received ADDRESS: Schwartz & Siegel .Law Offices BY DELIVERY TO CLERK ON June 25, 1993 (via Transmittal— Attn: Roland Mallory P.O. Box 911, from County Clerk) 1225 Alpine Road, Suite 200 Walnut Creek, CA 94596 BY MAIL POSTMARKED: 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim, ppHH gg DATED: June 28, 1993 BILL DepuLyLOR, Clerk 11. FROM: County Counsel TO: Clerk of the Board of Supervisors (, ) This claim complies substantially with Sections 910 and 910.2. (VJ This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: �.can,� 2 S 19 p3 BY: Deputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( kor This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: rJ U L 2 7 1993 PHIL BATCHELOR, Clerk, By. . Deputy Clerk loor WARNING (Gov. code sects ) Subject to certain exceptions. you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. 1f you want to consult an attorney, you should do so immediately. *for additional warning See reverse side of this notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez. California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: AUG 2 1993 BY: PHIL BATCHELOR rb ' Deputy Clerk CC: County Counsel County Administrator OFFICE OF COUNTY COUNSEL DEPUTIES: ' 1 CONTRA COSTA COUNTY PHILLIP S. ALTHOFF - SHARON L. ANDERSON n� ANDREA W. CASSIDY COUNTY ADMINISTRATION BUILDING VICKIE L. DAWES P.O. BOX 69 MSE S. ESTIS MICHAEL D. FARR MARTINEZ, CALIFORNIA LILLIAN T. FUJII VICTOR J. _WESTMAN 94553-0116 DENNIS C. GRAVES COUNTY COUNSEL GREGORY C. HARVEY TELEPHONE (510) 646-2074 KEVIN T. KERR SILVANO B. MARCHESI FAX (510) 646-1078 EDWARD V. LANE, JR. ARTHUR W. WALENTA, JR. MARY ANN M. MASON ASSISTANTS PAUL R. MUNIZ VALERIE J. RANCHE DAVID F. SCHMIDT DIANA J. SILVER June 29, 1993 VICTORIA T. WILLIAMS NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: CLAIMANTS LISTED BELOW, Asterio Madamba 722 A Oak Grove Road Concord, CA 94518 Victoria Poon 3077 Buckheuan Rd. Chino Hills, CA 91709 Melissa Wright 16419 Spruce Way, Apt. B6 Lynnwood, WA 98037 Monique Madamba c/o Harold de Castro, SP03 Highway Patrol Group Cabatauan City, The Philippines Claude Madamba 395 Civic Dr. #6 Pleasant Hill, CA 94523 Andrew Madamba 722 A Oak Grove Road Concord, CA 94518 Mylene Madamba 722 A Oak Grove Road Concord, CA 94518 AND TO THEIR ATTORNEYS: Donald C. Schwartz Law Offices of Schwartz and Siegel 18 Crow Canyon Court, Suite 390 San Ramon, CA 94583 Roland Mallory 1225 Alpine Road, Suite 200 Walnut Creek, CA 94596 RE: CLAIM OF: Above listed "Claimants" Please Take Notice as Follows: The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section 910 and 910.2, or is otherwise insufficient for the reasons checked below: [ ] 1. The claim fails to state the name and post office address of the claimant. [ J 2 . The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. [xx] 3 .The claim fails to state the date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. [ ] 4 . The claim fails to state the name(s) of the public employee(s) causing the injury, damage, or loss, if known. [ ] 5. The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000) . If the claim totals less than ten thousand dollars ($10,000) , the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10,000) , the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. [ ] 6 . The claim is not signed by the claimant or by some person on his behalf. [X] 7 • Other: Although claimants ' attorney has submitted a mass of helpful facts contained within the various reports, he has stated neither his theory of liability against the County nor facts to support that theory. The claim is therefore insufficient. From the reports, this accident occurred on streets within the City of Concord and was investigated by officers from the City of Concord. It is impossible to determine from the materials submitted what claims are being asserted against the County of Contra Costa. In the amended claim please state only the facts upon which you base your claim against the County of Contra Costa. VICTOR J. WESTMAN, County Counsel By: e-0., Depuop ounty Cou el CERTIFICATE OF SERVICE BY MAIL (C.C.P. SS 1012, 1013a, 2015.5; Evidence Code SS 641, 664) I declare that my business address is the County Counsel's office of Contra Costa County, 651 Pine Street, Martinez, California 94553; I am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown above, sealed and postage fully prepaid thereon, and thereafter was, deposited this day in the U.S. Mail at Martinez, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: June 29, 1993 at Martinez, California. L.Ah cc: Clerk of the Board of Supervisors (original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOVT. CODE SS 910, 910.2, 920.4, 910.8) Page 2 LAW OFFICES OF SCHWARTZ & SIEGEL A Professional Corporation Centerpoint Building 18 Crow Canyon Court, Suite 390 San Ramon, California 94583 Phone: (510) 838-9800 Fax: (510) 820-3795 June 18, 1993 Via: Certified Mail Office of the County Clerk County of Contra Costa Post Office Box 911 Martinez, CA 94553 RECEIVED - Barbara Young, m City of Concord JUN 2 5 Iy93 D Financial Department JUN 2 31993 1950 Parkside Drive `" Concord CA 94519 CLERK BOARD OF SUPE VISORS S.I. WEIR,COUNTY CLERK CONTRA COS M CO. CONTRA COSTA COUNTY BY State of California Dep,ty c/o Caltrans 2616 N. Main Walnut Creek, CA 94596 Re: Asterio Madamba, Claude Madamba, Monique Madamba, Victoria Poon, Melissa Wright, Myleen Madamba and Andrew Madamba Dear Clerk: Please take notice that pursuant to California Government Code Section 910, the following hereby submit their claim against the County of Contra Costa. The claimants names and post office addresses are as follows: Asterio Madamba Calude Madamba 722 A Oak Grove Road 395 Civic Drive, #6 Concord, CA 94518 Pleasant Hill, CA 94523 Victoria Poon Andrew Madamba 3077 Buckheuan Road 722 A Oak Grove Road Chino Hills, CA 91709 Concord, CA 94518 Melissa Wright Mylene Madamba 16419 Spruce Way, Apt. B6 722 A Oak Grove Road Lynnwood, WA 98037 Concord, CA 94518 Monique Madamba c/o Harold de Castro, SP03 Highway Patrol Group Cabatauan City The Philippines Page Two of Two Madamba, et al./ The date, the place and other circumstances of the occurrence giving rise to claim are set forth in the attached Concord Police Department Police Report #92-29502 . Sequentially number stamped 000001 to 000046, inclusive. A general description of the injuries so far as it is known at the time this claim is presented pertains to the wrongful death of Virginia Madamba on December 25, 1992. Virginia Madamba was the wife of claimant Asterio Madamba and the mother of Victoria Poon, Melissa Wright, Monique Madamba, Claude Madamba, Andrew Madamba and Mylene Madamba. There are no names of public employees presently known to have caused the injury other than employees and servants of the County of Contra Costa, City of Concord and State of California. The amount of the claim rests jurisdiction in the Contra Costa County Superior Court as being in excess of $25,000.00 minimum jurisdiction. Correspondence to each of the claimants should be addressed to each claimant, attorney Roland Mallory, 1225 Alpine Road, Suite 200, Walnut Creek, California 94596 and to the undersigned. Sincerely, LAW OFFICES OF SCHWARTZ & SIEGEL, P.C. DONALD C. SCHWARTZ, ESQ. DCS:mew.County.Clk cc: Asterio Madamba Victoria Poon Melisaa Wright Monique Madamba Claude Madamba Andrew Madamba Mylene Madamba 29 ! CONCORD POLICE DEPF'RTMENT SPECIAL CONDIT ONE NUMBER NIT RU TRAFFIC COLLISION REPORT _. `�� INJURED FELONY 23 rs�� � ❑ FcRN,. SPECIAL VEHICLES NUMBER HITQRY COUNTY 1 Z - DAT[ ! TIME REPORTED 1p A¢E F-- v roues sMc�R o R =1�LE0 MIISSO C1 1 Contra Costa 12 7,5:c:; t��, C DF 4-- OCCURRED CATION •DATE al TIME OCCURRED NCIC NO. OFFIICCER 0704 ON: JPRIMART STREET SPEED JDAY OF WEEK TOW AWAY STAT[ HWL PHOTOS _ ['� �T- �!- T 1A' 1111[E F \ S M 1 1r ( )yES NOS YES E AT INTERSECTION WITH � SECONDARY STREET �„O IDQ P U Jr-� OR: FEET/MILES N S E W OF DRVR ORIVER 5 LICENSE NO. STATE CLASS SAFETY VEH.YR. MAKE/MO L/DOLOR LICENSE NO. STATE cl P ►ED NAME (FIRST,MIDDLE,LAST) " A PKV STREET ADDRESS - OWNER f NAM[ ( ISA f DRIVER R vEH 7 2 y ■IKK CITY/STATE/ZIP. O WNER'S ADDRESS ( I SAME AS DRIVER OTHR SEX INAIR layis Imawr Iw,aHT BIRTHDATE RACE DISPOSITION OF VEHICLE ON ORDERS OF: OrFICER I )DRIVER rg wT v[ R �M meati\c�� HOME PHONE BUSINESS PHONE PRIOR MECHANICAL DEFECTS: (.)NONE APPARENT REPEw TO NARMTIVE _ G//^� /yam �\/y�.� 7 ' TOWED BY DESCRIBE VEHICLE DAMAGE SHADE IN DAMAGED F—`\V� L---4 I AREA: INSURANCE CARRIER POLICY NUMBER TCO )UNK ( )NONE (MINOR " - ( IMOD ( )MAJOR TOTAL DIR.OF ON STREET OR HIGHWAY PCF ICC - ` CMP ( ? DRVR DRIVER�''ss LLIC[Nf'EE NO. /f 5'T/AA T,C CLASS SA CT VCE/�H,YR. \MAKE/MO/SEL/COLO�,1 " LICKNNSE NO. STATE Q) ►ED N ME (IIR ST.MIDDLE,LAST) tom. •i• - 6 A ►KD STREET ADDRESS OWNER'f NAMESAME AS DRIVER R VEH TBIKE Ct STATE/ZIP OWNER'S ADDRESS $AME AS DRIVER v 17 c� (:-\P =\�\S—c \ 2 OTHR SEX HAIR EYES NGHT WGHT BIRTHDATE RACE DISPOSITION OF VEHICLE ON ORDERS OF: rFIc ER { )DRIVER NOME PHO•NNE� {� /�� BUSINESS PMONK PRIOR MECHANICAL DEFECT!: ( )NONE APPARENT ( IR[P[RTO NARRATIVE "q`� -3A( t� V TOWED BY �•� DESCRIBE VKHICLE DAMAGE SHADEA NE AMAGED INSURANCE \CARRIER 1 ( POLICY NUMBER )UNK ( )NONE ( )MINOR 1t"D 1 V w ( )MOD ( )MAJOR PQTOTAL DIR.OF ON STREET OR HIGHWAY ■CF ICC ( I TRAVEL �-- - PUC ( J �\ \Z QST �i C H► I E��j DRVR DRIVER S LICENSE NO. STATE ICLASS 15AFETY VE N.YR. MAK[/MODEL/COLOR _ LICENSE NO. STATE EOUIP. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PED NAME (FIRST,1!1001.9.LAST) P A PKV STREET ADDRESS OWNERS NAME SAME AS DRIVER R VEH T y BIKE CITY/STATE/ZIP OWNERS ADDRESS SAME AS DRIVER , 3 OTHR SEX "AIR EYES INQ1.j:F�TBIRTHDATE RACE DISPOSITION OF VEHICLE ON ORDERS OF: ( )OPFIC[R ( )DRIVER O. . DAY . YEAR ( )OTHER - i NOME PHONE BUSINE55 PHONE PRIOR MECHANICAL DEFECTS: ( )NONE APPARENT ( )REFERTONARRATIVE TOWED BY DESCRIBE VEHICLE DAMAGE SHADEARCA;MAGE INSURANCE CARRIER POLICY NUMBER - )UNK NONE ' )MINOR ( MOD ( )MAJOR ( ')TOTAL DIR.OF TREiT OR HIGHWAY PCF ICC ( ) P TR VE PUC ( I I CHP REPO TIN F R BEAT DATE & TIME R[ ORT WRITTEN SUPERVISOR APPROVING 2 s�� z CP-Z$-1 N.37 f., TESTI TENTION/F INTERVI� 1�,' �` T LOL!ED t}'A TA ENTRY STATE —"' 2 Wupp. rig. CR ARREST REPORT [ ) DETENTION REPORT ( ],FIELD INTERVIEW •T 1 1� tt 7r>s�tx F r • r Bi . C11 a c tltfiBr/1�Bticy 'Tt AEIB SEMS REPOEESiD DATE AND TIME ARRESTED DATE AND TIME BOOKED I BOOKING OFFICER ►D ! CHARGE fel ( ]MW ( ]Itttr ( 11 Other ITS ! 7tOR IW ARRUSTION. /P'1ffLD TiI"MVMW ;$ Mt .FIRST aIE>DBLt MOMETN NE 1uf.lMOwE RS6fetTY .*TATE fOCEAI.SECURITY no. ... NTATS .., .. _ /EARD MYETACNE aLAffE4 "in aTYLt/Lt NOTN ITY" Ry" Type !ldl.E MARKS,SCAR-4 O rOR MITISS,TATTOOS - QUVATSOM t"I"60TtR/f CMOOI PR tSERT OR MOST RECENT ADDREeS - arrY/STATE EEEMa 1HISCRtr"ON TOP,PANTS,SNOKS STOLEN RECOVERED CONIrAMT WITH VEHICLE INVOLVEMENT CODES: A-Arrestee S-Suspect R-Recovered N•Stored F-Parked at Scene V-Victim X-Stolen 1 •Impounded O•Released to Owner 2•R osSISSion IRVL LEC L YYR VMAVMO YST YCO TOWED OR RELEASED TO f, the undersigned, hereby arrest the above defendant on the charge indicated and request that a police officer take this defendant into custody. i will appear as directed and sign a complaint against the person 1 have arrested. ARRESTING CITIZEN'S SIGNATURE ARRESTING CITIZEN'll ADDRESS SYN IS: ^� 7 _.S._ •'C�-e =��—� h�.C�_<— t e.`UQ+ s Wit--cc~� 'C-•r � E'-c �tF'�. 1c-iZC��.^. QST �tom,<'c p�CT's" e i Rt M7 fWARDIANMAME JYY.OPiLY REf►DENCE ADDRESS MONK NOME NU "OMS OFFICER NOTIFYING PARENT/GUARDIAN DATE AND TIME CURRENTLY ON PROBATION PROBATION OFF ;jam • t l YES t NO �',�� *AAUQ9 CE � BE T OATS A TIME SPORT WRITTEN SUPERVISOR APPROVING TYPIST JDATE AND TIMTE REPORT TYPED t-z5 Z3 t WHITE-RECORDS YELLOW-BOOKING ..M PAGE �� [CR #<:�:i,,P t fyN \ CTS-Z. ����� ���- �►�Qc..7 ���Zv �V���_ V,e--� T•� \�-�S \ems\ V, ��z S - \'T �'�(\ �C�l�T ��•z e�O'�'�ZO SPT �C ZP'� -t-�..t p M `c z P \C- EFO FFIC A BEAT DATE A D TIME EFORT WRITTEN iYFE RYIf OR AFFROVIN G TYFIfT DATE AND TIME Rfi►OAT TY►ED cl i r 2 r-z� 'Z -Z 911 PAGE C -�- \`4 Q!) C-c � C ` \ - r REP R l 0 ICER SEAT DATE AND TIME REPORT WRITTEN EUPERVIEOR APPROVING TY►IiT DATE AND IME RE►OR T•3YPED // R lr ( l 2 /7� 2�Z r Z9 t rp-lorSEP 4 PAGE ," 'ID ` FCR AAA ER(J/R FICER OEAT DATE AN TIME y�►ORT WRITTEN SUPERVISOR APPROVING TYPIST JDATE AND TIME REPORT TYPED Scl � r 2 �2s"/ cP- sE►u r PAGE CR Q4 �- RE pk ICERBEAT DATE AHD TIME ff►ORT 1KRlTTEH tUfERVi>cOR A►fRp yHG TYfi1tT DATff,AHD TIME R PORT TYPED Cf-I A sE PAGE, FcR ,1 Al QNo�Lc�E-z-o 11 QCORS e\c o�--c�VZ-KQ VA vu OID7' EPO IC(„$ ®EAT DATE A7D}TIIMIIK EPORT�WjRIITTTtEN iUPERA R AP ;X. TYPIST JDATE AND TIME REPORT TYPED L / G iE►i� -rpam••-ws ADMINISTRATIVE PER SE LAW IM��ME�T u►sE OR pTAToa b0. 10c) Z ORDER OF SUSPENSION/REVOCATION ET DATE ' TEMPORARY LICENSE ENDORSEMENT Driver roust be given copy of this order M completed by officer. If you have any questions regarding this matter, please call the Department of Motor Vehicles at(800)765-3333. Driver's Name Q c` .L No. N3N Driver's physical description:Sex: DOB: t r-�te�r L� EyesG1Q�*1 Ht.: Cmt2t Wt.:n You are hereby notified that your privilege to operate a motor vehicle will be suspended or revoked effective 45 days from the arrest date shown above. This action is taken under authority of Section 13353 or 13353.2 of the Vehicle Code because you were arrested for driving under the influence of alcohol or drugs and you: ❑ Refused to submit to,or failed to complete,the chemical test of the alcoholic and/or drug content of your blood OR ❑ Completed a breath test with a blood alcohol concentration of.08 percent or greater. OR Completed a urine or blood test and the officer believes that the results will show your blood alcohol concentration to be.08 percent or greater. NOTE: If the results show that your blood alcohol concentration is less than .08 percent,this suspension will be set aside before it goes into effect and your driver license will be returned to you. TEMPORARY LICENSE ENDORSEMENT This document must be carried with you and shall serve as your temporary California Driver's License.lt is subject to the same class(es)and all restrictions as on your permanent license.This temporary license does not provide you with any driving privileges if you do not have a California Driver's License or your license is expired,suspended, revoked, cancelled or denied. 1t expires at mid�45 days from the arrest date shown on this document. Driver license surrenderedJoffWsNSignature of Issuing OfficeIssue,date of this notice `Z—TS19 z Officer's Name(please pri `�►JC`SJZZO I.D. No:?� DRIVER INFORMATION Before a driver license can be issued or returned to you,a $100.00 reissue fee must be paid to the Department of Motor Vehicles (Vehicle Code Section 14905) and must file proof of insurance for three (3)years(Vehicle Code Section 16430). If you drive while your driving privilege is suspended or revoked,you can be arrested for violation of Vehicle Code Section 14601, 14601.1 or 14601.2.and if convicted of one of these violations,you may be jailed,fined or both. You may request a hearing to show that the suspension is not justified.Your request must be made within 10 days after receipt of this notice.Failure to request a hearing within this time frame is a waiver of your right to a hearing.If you want a hearing,please contact the Department of Motor Vehicles at the telephone number shown at the top of this form. An administrative review will automatically be conducted.You will be notified in writing only if the action is not to be taken. REFUSAL TO SUBMIT TO OR FAILURE TO COMPLETE CHEMICAL TEST (VEHICLE CODE SECTION 13353) . The term of the driving privilege suspension for REFUSAL OR FAILURE TO COMPLETE THE CHEMICAL TEST IS ONE YEAR FOR THE FIRST OFFENSE. A TWO YEAR REVOCATION WILL RESULT IF THIS REFUSAL OR FAILURE TO COMPLETE THE CHEMICAL TEST OCCURRED WITHIN SEVEN YEARS OF A SEPARATE VIOLATION of driving under the influence and including such charge reduced to reckless driving or vehicular manslaughter which resulted in a conviction or administrative determination.A THREE YEAJq REVOCATION WILL RESULT IF YOU HAD MORE THAN ONE OF THESE VIOLATIONS OR ADMINISTRATIVE DETERMINATIONS WITHIN SEVEN YEARS. ®®8 tx 360(REV.SM) First copy—DMV Second copy—Agency Third copy—Drivees (Continued on reverse.) MIJOWAF No. BECTIOLS 139512 ._'AD 15353 VEHICLE CODE �) IR 6io®It fish fU BAC AS ❑REFUSAL j T,ARBr.Yll DOB ` �� OWNT THUMB PRINT ��o t-z �8 ADDRESS ,M STATE AP CODE eroTE: rsawsE coeePt TE P+trsscAda�oearrwN OF DRtvER: sex: rwr -�\ C\*Vz%-\ "L: CSO wt.• t�O 13 Vielation occumad in a vehicle requiring a commwCial driver license(Section 15210 VC). The above named driver was shopped on T -Z 5-Q 2 at ��t AMG)n 0_11861mr?saj CA. i had reasonable cause to believe the driver was driving or Ina�y @I,,phy�I I trot of a motor veh ile un�the Influence.The driver was arrested for violation of Section 23152 or 23153 VC on l c'�Z�`��- at AM� PROBABLE CAUSE for stop or ` ct (Traffic Collisiom Yes ❑No). Please Oescriibe in dobN the facts and Circumstances that isd to the stop or ntact ®id you observe the person driving? ❑Yes &No (If not,show observer's name below or explain) Ove Symptoms of intoxication VBloodshot/watery eyes Odor of alcoholic beverage ❑Unsteady gaff Slurred speech 0 Other OTHER OBSERVER/WITNESS.If driving was observed,driver was arrested,or the accident was witnessed by another officer or person, 4 Tease complete the following: ' KurEAD NUMBER ADDRESS/AGENCY TELEPHONE no. Other i r .08 BAC S S NSI0ldU13353.2 V.C.) ILIDriver Submitted to and completed a chemical test(s)of: Blood ❑Breath(see below) ❑Urine. (A DS 367A for blood and urine test results must be submitted wttffiin 20 days.) TIME OF TEST: AM/PM. ---------------------------------------------------- BREATH TEST RESULTS Breath test results were: SAC Test 1 Test 2 (Attach a copy of V*resuttL) BREATH TEST MACHINE OPERATOR'S CERTIFICATION 1 ow ty under penalty of perjury,"Hoe above brtaH►tact"nWk rM to wens obtaherrd In Hoe rsgutar oowse of my dud*&lhNVW0&fftftW1dffl quaNW to operate this equipment pursuant to H►e rrquirernents of n*17 of doe Catt enla Code of Regulations,and that to Hoe beat of nlyknowledp Ws machine was property caMbrated and in pn*wr wodit order at the Eirno of Hie teat conducted in eonjuncdon W th title arra. Executed at _ .CA,on SI nature X ,ID ,A en FORWARD THE F OWING DOCUMENTS WITH TH18 FORtd: Order of Suspension or Revocation (Issued Yes 13 No) Driver license( ttachsd—if not attached,explain) NAME OFMER( SADGE NO. c 41,1164cy AREA PHONE NO. Executed at �tO��- -� on \'Z--CS-�7 { STATE DA r. .. , I eerfHy,under penalty of ry, M n th of this form is true eyed corr=L ` ftnature of Officer X -Revers Side "Ori" must completed for Chemical Test Refusal. y Admin Per ,Dep ment of Motor Vehicles,Sacramento,CA Telephone No.(800)-765-3333 De XT(NEw sem) A Public Service Agency .............. PAGE 1 OF 11 CR # 92-29502 CONOORD POLICE DEPARTMENT SUPPLEMENTAL TRAFFIC COLLISION REPORT CPY AM COUNN mi" Cor=rd Cmn Costa 2 CAW AM Tm of opm powwr cnv I VOLAUM VAN vs AUTO Ve POLE Va CURB v® )FENCE 12/25/92 ,- 1701 hro rim OF suppusaw GAY OF%%M WE PM TW 1=to FATAL 05 THURSDAY 12/31/92 1500 hra 0704 LOCATION: BONIFACIO SIREURM STREET KWpWE. FOLLOW-UP INAMGATION INVOLVED PARTIES: DRIVER #1: TOM DAVID BRADY WMA 12/11/58 260 CALIFORNIA STREET, #9 WOODLAND, CA 95695 (916) 668-4822 CPD FP# 32570 SSI# 548-17-2843 CDL# K7351865 (SEE ARREST & DETENTION REPORT FOR ADDITIONAL INFORMATION. ) DRIVER #2: ASTERIO TUASON MA.DAMBA OMA 05/29/39 1520 SCHENONE COURT, 12 CONCORD, CA 94521 (510) 798-9934 CDL# U5132342 SUBJECT #1: VIRGINIA QUINTOS MADAMBA OFA -12/214/41_, 1520 SCHENONE COURT, #2 . CONCORD, CA 94521 (510) 798-9934 CA ID# A4357075 SSI# 619-14-2682 . (RIGHT FRONT PASSENGER IN VEHICLE #2, DECEASED. ) SUBJECT #2: ROGER COPPOCK WMA 06/08/54 2537 SARATOGA AVENUE CONCORD, CA 94519 (510) 827-9013 (REAR PASSENGER IN VEHICLE #1. ) SUBJECT #3: TOM MICHAEL BABB Wmi 06/27/77 1926 RISDON ROAD CONCORD, CA 94518 (510) 687-0618 (PASSENGER, LEFT CENTER SEAT, IN VEHICLE #1. ) rvao aFP LM SEAT MM AM11M fll�Vvl� MPERASOR APPFCVM Tvm ow LATE AM Tac Fe- Tvm ma:: J.S. ROWAN, #202 01 mvr 1/5/93 430 P� >?LEMENTAL TRAFFIC CIOLUMN REF �l FAaE 2 of 11 CR 82,29502 SUBJECT #4: JI)lMY BABB WMA 04/04/71 2733 EDWARD AVENUE CONCORD, CA - 94520 (510) .687-6359 (PASSENGER, RIGHT FRONT SEAT, IN VEHICLE #1. ) SUBJECT #5: DENA MARIE BRADY WFA 08/15/63 1065 CAROL LANE LAFAYET'TE, CA 94549 NO PHONE (EX—WIFE OF DRIVER #1. ) SUBJECT #6: LINDA BABB 1926 RISDON ROAD CONCORD, CA 94518 (510) 687-0618 SUBJECT #7: VICKI LEE BERGMAN (AKA: COPPOCK) WFA 2537 SARATOGA AVENUE CONCORD, CA 94519 (510) 827-9013 (SISTER OF SUBJECT #2. ) SUBJECT #8: DR. CHARLES KOKES FORENSIC PATHOLOGIST 1960 MUIR ROAD MARTINEZ, CA 94553 (510) 313-2850 SUBJECT #9: GLEN WALD ASSISTANT PATHOLOGIST 1960 MUIR ROAD MARTINEZ, CA 94553 (510) 313-2850 SUBJECT #10: DEPUTY DYER DEPUTY CORONER 1960 MUIR ROAD MARTINEZ, CA 94553 (510) 313-2850 WITNESS #1: JAMES L. REGO WMA. 05/28/13 2728 SINCLAIR AVENUE CONCORD, CA . 94519 (510) 685-7631 All a FOORW ORMO A LUL JW WE AND ThE flD:K)Rt MrTBm �F' R o<YIFIET ..>:;:. $ATE AND Ti6RE WORT71f'� J.S. ROWAN, #202 01 nvr 1/5/93 0430 PLENTAL TRAFFIC COLLISION RE F..'..;.Tr ci{ �-.I i v C:.I r: EM . PACE 3 of 11 CR 92-29502 WITNESS #2: BRSAN KEARNES 06/30/67 335 INFRENTE ROAD NOVATO, CA 94947 _ _ . UNKNOWN PHONE NUMBER QMCERS AT 8CEtdE: Officer Rousset Officer Hughes Officer Judy Beasley Officer Fenn Officer Nunes Corporal Mort Officer Primavera Sergeant Samuels Officer Dyer CSI Ishikawa Officer White Corporal Strock Lieutenant Alcorn Officer Oelrich . NVOLM VEHICLES: VEHICLE 11: 1988 FORD VAN, Black with gold trim CALIFORNIA LICENSE #2YZT497 (SEE ORIGINAL TRAFFIC COLLISION REPORT FOR ADDITIONAL INFORMATION. ) VEHICLE #2: 1990 TOYOTA CAMRY, Four-door, white CALIFORNIA LICENSE #2YDM199 (SEE ORIGINAL TRAFFIC COLLISION REPORT FOR.ADDITIONAL INFORMATION. ) EVIDENT: One Blood Alcohol Kit, #001445 One Blood Alcohol Kit, #003013 One empty bottle of Baccardi Rum The above items were marked, tagged, 'and placed into the CPD Evidence room. At approximately 1712 hours, I received a telephone call at home .from CPD Dispatch, advising that Patrol was requesting a Traffic Investigator for a fatal collision at the intersection of East Street and Bonifacio Street. Dispatch advised that one person was pronounced dead at the scene, and several other people were in serious condition. Dispatch also related that Officer Oelrich was also snroute. I arrived at approximately 1721 hours, finding that the intersection had been closed to traffic by Patrol. When I arrived, it was dark and cold, with clear skies, and the road was dry. I later checked with Buchanan Air Tower, 685-5743, and found that the official sunset time was 1656 houys, and the temperature at 1700 hours was 39 degrees. Vo J.S. ROWAN,,- #202 01 mvr 1/5/93 04,30 - �-��� ��q��mvwRRvw..�..•r...�a�es/��s/,.�rvc�s.ia �j��� n `rLEMEN AL 1 FLSYM W ON PEE IT OR I C r Li L V U r C PAckE 4 OF 11 CR 92-2502 I contacted Officer Rousset, and he advised that a female passenger had been killed in the vhite Toyota, and the driver of the Toyota had been transported to John Muir Hospital, with major injuries. The driver- of the van. and one of _ the three passengers were also taken to John Muir Hospital, and the other two passengers who were in the .van were transported to Mt. Diablo Hospital. Rousset told me that he was first on the scene and found both drivers behind the steering wheels of their respective vehicles. Rousset related that while administering first-aid and assisting CFD and paramedics, he did note an odor of an alcoholic beverage emitting from the driver of the van, and nothing from the Toyota driver. Rousset related that his investigation revealed that the Toyota was northbound on East Street, and the van was westbound -on Bonifacio Street. Exactly what occurred was not clear, as someone had said that the van was chasing another vehicle, and it was unclear which vehicle ran the red light. Officer Rousset also advised that Paramedic Eric Walbrecher pronounced V-Madamba dead at the . scene. Officer Rousset then cleared the scene, enroute to John Muir Hospital, to place the van driver under arrest for 23152a VC. After talking with Rousset, Officer Oelrich and I started examining the scene. This intersection is a flat, asphalt, improved four-way intersection, which is controlled by corner and overhead traffic lights. All the traffic lights were functioning properly at the time of my arrival and during my investigation. I did note that the overhead street lights on the northeast and northwest corners of East Street were out. Examination of the roadway surface showed numerous amounts of vehicle debris and fluid. Within the intersection were several post-impact side skids and yaw marks which started at the point of impact and extended west to the northwest curb of East Street. Officer Oelrich and I examined the area for signs of pre-impact skids, with negative results. The side skids were caused by Vehicle #2 skidding on its left side and extended to the northwest curb _edge,__With the_vehicle facing east _. on top of the curb and against a fence. I determined that the yaw marks were caused by Vehicle #1 rotating on its center axis as it spun half way around and continued sliding backwards, coming to rest on the northwest corner, between the corner light standard and telephone pole. See photographs and diagram for additional information. Based on the above, I determined that the Toyota, Vehicle #2, was originally travelling northbound on East Street in the number two lane, and the van, Vehicle #1, was westbound on Bonifacio Street in the left-turn lane pocket. I then examined the damage to Vehicle #1. Vehicle #1 is a custom van, which has four captain seats inside and. one bench seat. The seats are placed so that the driver and right front passenger have a captain seat, and directly behind each of these seats are two additional captain seats. The rear seat has a long bench seat to the rear of the vehicle. OLOOX1.3 a M a 0M NO TW FUM IISIUIP +a� Trier 1ATE ani 7W row J.S. ROWAN, 202 01 mvr 1/5/93 0430 . CCUDEM PflLVoE ER=PAFi(AAFAfT / _ O R l �LEitAENTAL MAFM C&USION RE, _:�T PAGE 3 OF 11 CR 9229502 Vehicle #1 suffered major damage to the complete front end, with portions of the sheet metal being forced to the right of the vehicle. There was moderate damage to the right side, near the double doors, which was caused by contact with the pedestrian push-button mount on the traffic pole. Moderate damage was caused to the sight rear by contact with the traffic control box. The left rear of the vehicle also suffered moderate damage, having contacted a stucco fence with metal railing, which cut the left rear tire. - The left driver's door was damaged by contact with the telephone pole. .The damaged fenced belonged to the resident at 2211 East Street. Prior to examining the damage to Vehicle #2, I first viewed the deceased, noting that she was still seated in the right front seat, lying on her left side, across the driver's seat. The deceased had a large, deep laceration to the right side of her face. At approximately 1815 hours, Deputy Coroner Dyer arrived, and the deceased was removed from the vehicle. Her purse was located within the vehicle, and it was given to Deputy Dyer. Vehicle #2 suffered major damage to the complete right side, caused by impact with Vehicle #1. The left rear quarter panel had major damage, due to contact. with the telephone pole located at the northwest curb of Bonifacio Street and East Street. The left rear wheel assembly was broken away from the strut, which was caused by contact with the northwest curb edge of East Street. The left door had a tear in the doorskin, caused by contact with the fire hydrant cap. This vehicle was totally destroyed in shape, with the roof buckled, and the front end and the windshield heavily damaged. Both vehicles were later removed and taken to the City Corporation Yard for later examination. I examined the northwest curb edge of East Street and saw a black tire mark and a semi-circular indentation in the cement; this being consistent with the . damage to the left rear tire of Vehicle #2. Along the curb were other tire marks, which were consistent with Vehicle #2 striking the curb. See photos. Signal Repairman Sam Hall responded to the scene, and the traffic lights were placed on flash, due to the control box being bent and unable to be opened. The intersection was later opened to regular traffic. After securing from the scene, Sergeant Samuels, Officer Oelrich, 'and I went to John Muir Hospital. At the hospital, I contacted Officer Rousset, and he gave me Blood Hits #3013 and #1445. Rousset advised that he had placed Driver #1, Brady, under arrest for 23152 VC, and blood was withdrawn. Brady was then released, per 849.b1 PC, as .he was going to be admitted to John Muir Hospital. Blood was also drawn from Driver #2, Madamba, on a volunteer basis. Both blood kits were later marked and placed into the CPD Evidence room. `06014 RSIPM q 0MCM A LM® -:0kTE No TIM VANT7M APFADNM LUTE AM TW REPORT 7Yffl7 J.S. ROWAN, 202 01 mvr 1/5/93 0430 CONCORD FOUCE OEPARTMENT -, mvffv COWSION RU"" 0RIu:t11.i PACE 6 OF 11 CR 92-29502 At approximately 2025 hours, I contacted Roger Coppock in the Emergency Room, where he was receiving stitches to his left knee. Coppock also complained of pain to his shoulder and back. Coppock said that he was seated in the rear . seat of Vehicle #1 and was not wearing his seatbelt at the time of the collision. I first asked Coppock who the van belonged to, and he replied, "Tommy." I asked if he could tell me what happened, and he related the following: Coppock told me that Brady came to his house on Saratoga to pick him up later in the day and take him over to the house belonging to his ex-wife, Linda Babb. . I asked where she lived, and he replied, "Somewhere between Walnut Creek and Pleasant Hill." I asked Coppock if, while enroute to Babb's house, Brady was chasing anyone with the vehicle, and he replied that he didn't know anything about chasing anyone. I related that I had heard that they were enroute to the A-1 Harley Shop, and he replied, "That was the first idea." Coppock said the plan was to go there, pick up a Harley, and then go to Babb's house. I asked who the bike belonged to, and he told me the bike belonged to one of his cousins, Dena Sherwin. I asked where Dena was, and he said, "I don't know. We were Join' ninety miles an hour on a dead-end run." He then said Dena was in front of them. - I asked if he felt that Brady was chasing Dena, and he replied that Brady was trying to keep an eye on her, as she was Brady's ex-wife. I questioned Coppock about the traffic lights at the intersection, just prior to the collision, and he said, "I didn't see nothin' ." I asked about Brady drinking, and he replied, "I ain't sayin' ." Coppock did have an alcoholic beverage smell emitting from his person_ and, at times, he became somewhat hostile. Further questioning at this point was ceased, and Coppock was later released from John Muir Hospital. Hospital personnel advised that Brady was being uncooperative on the sixth floor and attempting .to leave. —Sergeant Samuels, Officer- Oelrich, and I- went to the sixth floor. There, in the hallway, I met with Dena Brady and Vicki Bergman. Samuels and 0elrich attended to Brady, and I questioned Dena, and she told me the following: Dena said that she was at Roger Coppock's house, talking with Brady. After that, she was going to the motorcycle shop, and Brady was going to his sister Linda Babb's house. Both she and Brady left the Saratoga residence together, but in different vehicles. Dena said that at Port Chicago Highway and Bonifacio Street, she continued straight towards Salvio Street. Shortly, she and Vicki Bergman heard sirens, and Vicki said, "That's got to be Tommy," meaning Brady. They then drove to Bonifacio Street and East Street and found that Brady had been involved in a traffic collision. I asked Dena if she and Brady had been 0000i 0A7ETMm : SATE AND TIK,SRT T1tAID J.S. ROWAN, #202 01 mvr 1/5/93 04,30 `,PLBAENT/LL. T1FfAf;I:Z COLUSI N REIT° PAGE 7 OF 11 CR 92-29502 arguing earlier, and if be was chasing her on Port Chicago Highway, and she replied, "No.• Dana said that Brady told her to come by Babb's house after she checked on her motorcycle. I asked if Brady had been drinking anything at Coppock's house, and Dena replied that she didn't see him drink at Coppock's, but did see him drink a "couple" of beers earlier at Babb's house. I then questioned Bergman, and she told me the following: Bergman said that she and Roger were at the home on Saratoga when Brady came over earlier in the afternoon. Shortly, Brady left with Tommy and Jimmy Babb and Roger. She walked to the 7-Eleven Store at the Holbrook Shopping Center and met up with them again there. Brady gave her a ride back to the house, and she then got into the car with Dena and left for the motorcycle shop. Vicki said that Brady and the others were headed to Linda Babb's house. I asked if Brady was following Dena, and she replied, "No." Vicki said that shortly she heard sirens and told Dena that "the guys were involved in a crash." Dena turned around, and they found the collision. I asked how or what made her think that Brady was involved in a collision, and she replied, "Just a sixth sense." I questioned Vicki about Brady chasing Dena and their arguing earlier, and she replied, "No." Further questioning was ceased at this point. I later conducted a license check on both drivers and found that Driver #2, Madamba, had a valid license, and Driver #1, Brady, had had his license suspended. Brady's license showed two active suspensions and one starting in February of 1993. #1. Effective 10/14/86, Authority 13352A5, Reason: Drunk Driving or Drugs, Service Order M. #2. Effective 12/03/86, Authority 13352A3, Reason: Drunk Driving or Drugs, Service Order- M.- #3. rderM.#3. The pending suspension, effective 02/08/93, Authority 133532, 231585, Reason: Excessive blood alcohol level, Service Order J. See attached copy of DL print-out. Also found was a no-bail warrant to Driver #1, Brady, for failure to comply. 12/26/92 v 0815 hours I arrived at the Contra Costa County Coroner's Office to attend the autopsy of V-Virginia Q. Madamba. Prior to the autopsy, I photographed and sketched the visible injuries. The autopsy was performed by Dr. Kokes, who determined the 00001.6 66;[WA LW :'i BUT :c:;aaATE AND TIM t terms M APPFIOVM ,: OIUM CORM �1TE Alm TAW R�pp�T 7YPF9 J.S. ROWAN, 202 01 mvr 1/5/93 0430 CON 0W POL CE DEPARTMENT r' 16�. PLEMENTAL 7RAFRO OOUJSION Y QR G: CICU ►GhtT PAGE 8 of a i CR 92.200 cause of death vas multiple traumatic injuries, due to a motor vehicle collision. Sae Coroner's Report #92-1487. After the autopsy, I returned to CPD, where I learned from Sergeant Samuels that the hospital was going to release Driver #1,. Brady, from the hospital. Also, Sergeant Samuels advised that he wanted to interview a Mr. Rego, who was a witness to the collision last night. Sergeant Samuels and I contacted Mr. Rego at his home. During the interview with Samuels, Rego said the van appeared to be trying to beat the light. I asked what made him feel this way, and he replied that the van engine sounded like it was accelerating. See supplemental by Sergeant Samuels. I reviewed Officer Rousset's original report and saw that a Mr. Kearnes had also viewed the accident, but there was no telephone number to re-contact him. I telephoned Novato PD, (415) 897-1122, and requested they send an officer by Rearnes's address and have him contact me. Shortly, Novato PD returned my call and advised that the officer checked and found that the address was an apartment complex, and no one by that name lived there. I later mailed a letter to Mr. Rearnes, requesting that he contact me as soon as possible. At approximately 1155 hours, Sergeant Samuels, Officer Oelrich, and I returned to John Muir Hospital, where Officer Oelrich placed Driver #1, Brady, -under arrest, pursuant to the no-bail warrant, which was outstanding. Brady was transported to CPD, where he was booked and lodged, pending transport to County Jail. At approximately 1300 hours, I returned back to the collision scene to review and take daylight photos of the intersection, skids, and curb impacts. 12/29/92 0950 hours I received the blood alcohol results from the blood alcohol kits that Officer Oelrich had hand-delivered to the Crime- Lab on 12/28/92. Driver #1, Brady's, blood alcohol showed a .19 BA and Driver #2, Madamba's, showed a .00. See attached copies. 12/29192 0 1415 hours I telephoned Tom Babb at home. I inquired into his injuries, and he related that he received a cut and stitches over his left eye. Babb said that he was seated directly behind the driver's seat and not wearing a seatbelt at the time of the collision. I asked if he recalled anything just prior to the collision, and he related that he didn't see the traffic lights, but did see a car through the left side window, just before .the collision, and that was all. ""00017 RE3'ORTB�. �i� V.;.... SAT G+1TE Tffiffi f ORf WOERMOR APPFOYffi$i ;31fFRBT i1ATE J1tdC?AAE RFPOF{f TYPL� J.S. ROWAN, #202 01 mvr 1/5/93 0430 CONCORD POLICE DEPARTMENT *WPLEMENT TRAFFIC COLLISION REPORT OF,,G :: COCt:t��iENT l PAW 9 OF 11 CR 92-20502 Babb said that he, his brother, Roger Coppock, and Brady left Coppock's, enroute to his hone. I asked Babb if Brady had been drinking while driving, and Babb said 05o." Babb related that he, his brother, Roger, and Dena were at the shopping center at Oak Grove Road and Treat Boulevard, in front of Round Table Pizza. I asked if Brady had been drinking at the center, and Babb .said he didn't know how such, if any. 8e said he knew Brady drank approximately two beers at Linda Babb's house. I asked Babb if he felt that Brady was "drunk," and he replied, "Yes." I asked how he knew this, and he related that Brady is his uncle, and he has been around Brady before when he has been intoxicated. 3.2/29/92 - 2040 hours I telephoned Jim Babb at his residence. Babb said that he was originally seated in Vehicle #1 in the right front seat, with his seatbelt on during the collision. Babb said he suffered sprained muscles to his neck and shoulders, bruises to his chest, shoulders, and ribs, and did have some blood in his urine. Babb related that he would be off work for at least a week. I asked Babb if he could tell me about the events leading up to the collision, and he related the following: Babb said that he, his brother, and his mother, Linda Babb, were at their home on Risdon Road earlier in the day. At approximately 1430 hours, he., his brother Tommy, and Brady left in the van, enroute to the Cork N Bottle Liquor Store at Treat Boulevard and Oak Grove Road to pick up a six-pack of beer. While they were enroute to the store, Dena and her boyfriend, Jay Anderson, pulled up alongside the left side of the van real quick. Babb said he asked, "Who the hell is that?" and Brady replied that it was Dena. Dena and Jay then followed them to the liquor store. At the liquor ,store, Brady bought a six-pack of Budweiser beer, and Dena bought a bottle of Baccardi rum and a two-liter bottle of Coke. After purchasing the items, they all went out into the parking lot, where Brady and Dena started talking alongside the van. While talking, Dena asked Brady if he wanted a drink of rum, and Brady took the bottle, taking two drinks and drinking almost all the bottle and leaving approximately one inch of rum in the bottle. Dena and Brady then started verbally arguing, and Dena got back into the pickup with Jay. Brady continued to argue with Dena from the left side of the pickup, as she sat on the right side. Babb said that while they argued, he observed Dena pass a knife across the seat, towards Jay. Jay looked towards the knife and, at that point, Babb felt that Jay might try to stab Brady. Babb said that he then struck Jay once in the face with his fist and, at the same time, TOMMY Babb removed the knife from the passenger side. Dena then got out of the truck, and Brady suggested that they go back to Linda Babb's house. At this point, Jay drove away. Shortly, Dena got into the van, and Babb requested that Brady take him and his sister home. Brady then replied that. they were going to take Dena to Coppock's house to pick up her car.. They arrived at Coppock'.s house, where Brad started 80018 i 'ORi&�0 YiQ i► W AIS 7�f�Paiif Y�f7� JFfR0Y7N� :.SYP�i �+TE AND T�i�POW Tvm __...,.. J.S. ROWAN, J202 01 mvr 1/5/93 0430 CONCORD POLICE,DEP_ NT "?L.EAAENTIIL ?R14FFBC COLLISION OR i G .1-',! D OC U'M ENT i PME 10 OF 11 CR 922%M talking with Roger and Buddy Coppock. After a while, 'Dena started to drive away, drinking a beer as she left, and then everyone, including Roger, got into the van. As they drove onto Dormer Avenue, towards Olivera Road, Babb said, it appeared to him that Brady was attempting to catch up to Dena by accelerating. As Dena neared Olivera Road, she stopped quickly, 'and Brady skidded past her vehicle, out onto Olivera Road, through the posted stop sign. Brady immediately "spun" the van around and drove back towards Dena, driving alongside her car. Dena them drove off, and Brady continued on Dormer, towards Montgomery Avenue. He then turned around and drove onto Olivera Road in the left-turn .lane, with the intent to turn south onto Port Chicago Highway. At this point, Dena was also stopped on Olivera Road at the intersection of Port Chicago Highway, in the straight lane, approximately two cars ahead of them. The light changed to green, and Brady made a left turn onto southbound Port Chicago Highway. Dena then made a left onto Port Chicago, cutting a vehicle off. As they approached Port Chicago and Sixth Street, near Don's Market, Dena passed Brady on the righthand side at an excessive rate of speed. Now, with Dena in front, Brady started pursuing Dena at a speed Babb felt was around 50 miles per hour. Near Port Chicago. and High School, Brady passed Dena on the right side and got in front of her. They got to Port Chicago at Bonifacio Street and, Babb said, Brady stopped at the four-way stop sign, and Dena again passed them on the right side and continued straight towards Salvio Street, failing to stop at the posted stop sign. Babb said that Brady then made a righthand turn onto Bonifacio Street and started "haulin' ass." I asked how fast he thought they were travelling on Bonifacio, and he replied, "Forty miles per hour." Babb said that he then saw a red light and told Brady that it was a red light. . Babb said that Brady seemed to ignore him and even accelerated more. Babb said that he felt that the impact with the other vehicle had to be at a minimum speed of 45 miles per hour. I asked Babb about the traffic lights cycling from green to yellow to red, .and Babb said that he only remembered seeing a red light. Babb said that he-didn't see Vehicle #2 until the last second. Babb also related that he drank one beer at the shopping center and so did Brady. I asked Babb about the collision, and he related that after the impact, the van spun a half turn to the left and skidded backwards. Further questioning was ceased at this point. 1213O/92 1000 bourn I examined the interior of Vehicle #1, finding an- empty bottle of Baccardi rum under the driver's seat. This bottle was collected, .marked, and tagged, and placed into the CPD Evidence room. 000019 WOW TVM J.S. ROWAN, #202 01 mvr 1/5/93 0430 CON000D POUCE.DEPARTi tfT ! w,-P�AAEPf AL COUJSION R�bAT n G :4l 1 v�J i l:F t�!T PAGE 11 Of 11 CR 92 24502 OPINIONS AND ONS: Driver #21 Kadamba, was northbound on East Street when hestoppedfor a red light. The light cycled to green, and Driver #2 proceeded. north into the intersection. Driver #1, Brady, was travelling westbound on Bonifacio Street, while under the influence of alcohol, at an excessive rate of speed, when he accelerated through the westbound red light and collided with Vehicle #2. At impact, Vehicle #2 was forced into a side skid, across the roadway, striking the curb and telephone pole. After colliding with the telephone pole and curb, Vehicle #2 spun a quarter turn to its right and struck a fence, . where it came to rest. After impact, Vehicle #1 spun a half turn and slid backwards, across the roadway, coming to rest on the northeast corner. Driver #1 caused this collision by driving at an excessive rate of speed while under the influence of alcohol and failing to stop for a red light. Evidence supports violations of 191.5A PC (1 count) , 23153a/b VC (4 counts) , . 21453A, 22350, and 14601.2A CVC. All the above is based on damage to the vehicles, -evidence, statements, and additional teports. Refer to the District Attorney's Office for a complaint. e 000020 iiEPORfY�O Si®aD `r MAT AWIT AND TW lPP�ds TA'Pffi� SATE A►�D 7&� f 71f� J.S. ROWAN, 20Z 01 mvr 1/5/93 04'30 t CONCORD POLICE:DEPARTMENT SUPPLEMENTAL TRAFFIC COLLISION REPORT. CR NO. _ PAGEIBM rX 92-29502 1 of 2x�c CLA[fl/!CATION CITT AND COUNTY DATE AND TIME OF*RIC.INCIDENT CITE Van v. Auto�V. Pale v. Fence Concord Contra Costa 12/25/92 1701 VIOL TVP[ OF 1 1 BSA Update (X)Fatal ( 1 Other; DAY OF MEEK MO DAY YR TIME "CIC NO,OFFICER suPr't.[M[NT: 1 !Kaz.Material; 1 1 SChool Buz 1 1 HIR - t.a.No. Tues. 041 247 i..00 ATIO" auYJE CT LOCATION:East Street/Bonifacio Street PURPOSE: Initial &Follow-up Investigation Dl-Brady, Tom David 260 California Street #9 Woodland, CA CDL #N7351865 DOB 12/11/58 D2-Madamba, Asterio Tuason 1520 Schenone Ct. #2 Concord, CA 94521 CDL #U5132342 DOB 5/29/39 REPORT At about 1715 hours on .12/25/92, I was contacted at home by CPD dispatch regarding a major injury accident that had occurred in the intersection of East Street and Bonifacio Street. I arrived at 1731 hours. I contacted Officer Rowan who had been called to the scene and he directed me to concentrate my efforts on preparing a scene diagram. To take measurements for the diagram, I used a 100' Lufkin brand steel tape. I also noted the positions and damage to both vehicles, and the damage to the City of Concord traffic signal box, the City of Concord traffic signal pole, the Contra Costa County Water District fire hydrant and the stucco wall at the N/W corner of the intersection that was -hit by the left rear of V1. . I also •.L noted the tire marks left on the roadway by both vehicles. After completing the, necessary work at the accident scene, Sgt. Samuels, Ofc. Rowan and I drove to John Muir Hospital to check on the condition of both drivers and contact any witnesses. Refer to the supplemental reports by Sgt. Samuels and Ofc. Rowan. While at the hospital, we were advised by CPD dispatch that DI(Brady) had a no bail warrant for his arrest for an unrelated matter. The doctor in charge of Brady refused to release.him from the hospital at that time and wanted to keep him for observation for the evening. I advised the appropriate hospital supervisors to contact.the Concord Police Department when Brady was going to be clear for release. On 12/26/92 at about 1200 hours, I returned to John Muir Hospital to place Brady under arrest for the outstanding warrant for violation of 4024.28 PC. I placed Brady under arrest and took him 001 REPORTING OrFICER -£AT DATE AND TIM[ REPORT IN RiTT[N SU►ERVltOR APPROVING TYPIST DATE AND TIME REPORT TYPO Oelrich 4 1/5/93 0700 CP-10-1 JuM H -- 92-29502/92-29542 (Warrant Arrest) ` into custody. I transported him to CPD where he was booked for the warrant and then placed into a cell pending transport to the Contra Costa County Jail. ' On 12/28/92, I removed the blood samples taken from Dl and D2 from the refrigerator in the evidence room and transported them to the Contra Costa County Crime Lab for analysis. I turned custody of the samples over to the Crime Lab technician. C. Oelrich #247 1` ea . i -a rl f'1;0-4 N -a N D rl N n 'r rD o�rU ❑rl�-NN Z �cn�NfU fD7 S 4h 00004" N N V m tt'1 +y CONCORD POLICE DEPARTMENT SUPPLEMENTAL TRAFFIC(COLLISION REPORT CR NO. PAGE SUPP 92-29502 1 2 CLASS IPICATION CfTY ANO COUNTY JDATZ AND TIMM OP OIIIG.INCIDENT CITE Auto v. Van Concord Contra Costa 12-25-92 1701 VIOL TYPE OF ( )9/A Update Fatal - ( other;. DAY OP MEEK MO DAY YR TIME "CIC MO OPPICER NO.I.D. SUPPLEMENT: ( )Haz.Materials ( ►Sehooi Bus ( t H/R Saturday 112 26 92 1003 10704 217 LOCATION SUSJECT - WETNESS IDENTMI CATION REGO, James L 05/28/13 2728 Sinclair Avenue, Concord (h) 685-7631 dba: Boundary Oaks Golf Course NORMAN, Marlena Lynn 05/07/62 DL #C2635514 260 California #9, Woodland, CA 95695 (h) 916/668-4822 FOLLOW-UP INVESTIGATION I contacted Officer Nunes at the accident scene, and he supplied the name of James Rego as a witness to the collision. I contacted Rego and made arrangements to interview him the following morning. 12/26/92, 1003 hours I met witness Rego at his home. He indicated he had seen the collision and related the following. Rego was NB on East Street in the #2 lane. He had stopped for a red light at the intersection with Bonifacio Street and ..was second in line behind the Madamba vehicle, Rego said traffic was light and there were no other vehicles on East Street. There had not been any cross traffic on Bonifacio Street. The traffic signal cycled to green for East Street and the Madamba vehicle began to move into the intersection. Rego said he saw vehicle #1 WB on Bonifacio Street approaching East Street. Rego estimated the van speed at 35-40 mph, and felt the driver was trying to beat the red light. This belief was based on seeing no braking and his hearing the engine accelerating prior to the impact. The van entered the intersection with a red light and struck the Madamba vehicle in the right front. Rego said both vehicles spun across the intersection prior to impacting fixed objects on the north-west corner. 000024 REPO SEAT OA7E AND TIME REPORT WRITTEN SUPERVISOR APPROVING TY►IST .DATE AND TIME REPORT TYPED CP-10-1 JUNf4 CR #92-29502 Page 2 Rego drove to a safe location and walked back to the accident. He said the noise associated with the impact had caused many residents to walk out. Rego approached the Madamba vehicle first and saw that the injuries were severe. He then turned to the van, and saw the driver with his hands over his face. Rego felt the driver was pinned in the van. 12/26/92, 1130 hours I contacted witness Norman at John Muir Hospital. She said she lives with Tom Brady and had driven with him from Woodland on 12/25/92. Norman is not familiar with Concord, however she said they drove to a residence on Risdon Road, arriving at approximately 1130 hours. Norman saw Brady drink one beer between 1130 hours and 1500 hours. Brady then left to go to the store with Tom and Jim Babb. Norman did not see Brady again until after the accident. Norman said she believed Brady had gone to the Coppock residence on Saragota Drive. At some time he had run into his ex-wife 'Dina" and they argued. Norman had no other information. o0025 CONCORD POLICE DEPARTMENT j SUPPLEMENTAL TRAFFIC COLLISION REPORT -R NO. - PAGE Burr agso� i o,= 2 CLASSIFICATION CITY AND COUNTY DATE A TIM OI ORIG.INCIDENT CIT[ f�.c�>o f�3• ��*Tc Concord Contra Costa ( )B/A Update 1 )Fatal ( ther: !t/S�.f/r SS DAY O WEE MO DAY YR TIME NCIC NO OD.NO. TYPE OI Or NO. Bu►►LCMcrlr: 1 1µaz.Materials ( 1 School Bus ( ) H/R /1 S qL /70/ 07� '"=b7 LOCATION SUMJECT !•�.P,PL�T_dam: 1� wgs �s 71��FA 70 f��-- .ter« SCG�i�G' C6� a/rs c✓! O/'• Gi /"iG C�� /� L+/ CSO//-s/Li'7• Ll// f 'C/ / e" O L.►�HO ��/ �/7c'iSl''!� 20h-e- 74e /d/Q/ /-re, --W,/d Q� q �,✓A3 i�tc 74 7/•711 G'�C/ �'! - /3 7�l 71 71 40, as ��. � � cam.. �-r� O / �.�- it Tcr_sc-c� T�cas-� �r�►-� �r .�� fo �/S �-�. � . .C% s Tom,.T� �• -�- f- /����/ rr t�s�✓.:,, Ta !ic �. �. Ze- z en i d sin 7 7rAr�/� / `r7 .ip .S �Or✓��r' h� s su �- f�� � h� Tor l7 R[►ORTIN�G�IFIC6R BEAT DATE A D TIM[ SPORT WRITTEN SU►tR OR ArP OVING TYPIST JDATE AND TIME REPORT TYPED . . Nr,, .5:5X307 O/ /a zs 9.z �-�s✓ r Z�I CP-20-1 JUN 94 - - Sherif -Coroner R1thard M Rainey C St�AIFF-CGRO►V£A P.O.Sox 391 cow Wawa E.Rupf AAsrilrtiiz,CaftforMs 94353-= iltaistant ShsMif ' QQraM T.MB4►ejnka Awstant swift AtWent ftwi f CRIMIMISTICS LABORATORY DIVISION FAX TRANSMITTAL FORM DATE: ./-Z I FAX FROM: PHONE: Criminalistics Laboratory Division dress Martinez, CA. 34553 TOTAL NUMBER OF PAGES (including this one) MESSAGE: • - �ww•a...r. - -- _�._ .err 'CL-179 Rdv: 5/90 * am WPW 1wi ^00^2'nWITY WU01 ArfM 0000t 67 - j �M i KR GYO i R k.K i nc• cna .�a q-=a a�v�v r . v� • AOM.C��A CMM StiEitlFF-CQtONER DEPARTMENT Uborato 'No. 92-10425-A CRIMIPLUSTICS LABORATORY container'ko.: 3613 ALCOHOL REPORT FURM TEST SUBJECT: i<ItM. TOM Date of Arrest: 1-2/25/92 Time: Police ken ` cy: coaccrd P.D. . . Type of t*le: B1.06d Blood �''lfrine TEST RESULTS: - O, 19 x W/Y Blood Alcohol SWLE 'COLLECTION: _ Location: John Heir map-Date: 12125/92 Time: 0700. Collected or Witnessed by= i�tz RECEIPT OF EVIDENCE: Method of Receipt: L T Locked De m Q04rftw-um LET Delivered'By: 0elrich _ � + �etmtsoeats Date: 12128/92 • . - . . Fin i[at' � ' '. ' . ' Conditions: d • s j Sealed Other: r •• _'a.-. .. •. ANALYSIS: •: Malyzed By: Paul} Holes Date: 12/28/92 Run Number: 2529 SUBMITTING AGENCY: Concord P.D. Agency Case No 92-29502 ' •�: ::,.:.. . ... . • . : ' • � OffenSe(i)' 23152 Yc. Arresting f?ffi•cer: Rogan CL-068 QQ®� *�N �i GOSTR L1[inr- '•. •+--:...;r~,,,,,r,,,,� .•.rte.-..: .xr,,�- � �`/„���� _:_...:. . •CONTiRA =A COUNTY S'" rl'�CtiR'flNER DEPARTMENT laboratory No.! 92—UK23 B CRIMINALISTICS LABORATORY .+ Container No.: 1445 ALCOHOL REPORT F'OFtFt TEST SUBJECT- MAMA. lS3MUO Date Agency: o Arrest: 12/25192 Time: 9 y: . Concord P:�?.. ;...... Type of Sample: B1 ood /-7 Urine TEST •KSULTS 0. o N/V Blood Alcohol . SAMPLE COLLECTION: . Location: John Mux Hosp. Date: 12/25/92 Time: OW Collected or Witnessed =� by: ' iuliz, RECEIPT OF EVIDENCE: Method*,6f Receipt: arr�col.n�ssateoitca�li oinln amt Locked Repos1%94 =c'a cc Del i vred BY: Oelrich ` ;..�,... .... .... . . -rte �tma�it�ltf�vstlitT.ifasc►stn grss.mtrom�a,exe Date: 12/28/92 . "t ._;'• :.'. ; gar�msc:ca'�ics�:rrautt�.�,n��scfrti� Conditions Sealed , Other: Analyzed By: pout holes Date: 12/28192 Ryan Number' 2529 SUBMITTING AGENCY: Concord P.D. Agency Case No.: 92-29502 Offense(s)' 192*iC Arresting Officer: Rovau DECLARATION (Pant NaAe o �) �u , under penalty of perjury says: I am employed by - Q ('6 in the capacity checked below: Ll physician T CP ❑ registered nurse ❑ licensed vocational nurse ❑ licensed clinical laboratory technologist ❑ clinical laboratory bioanalyst On this date I took blood from a person identified to me as the defendant. I cleaned the area to be punctured with the non-alcoholic disinfectant, -included in the Contra Costa County Criminalistics Laboratory blood withdrawal kit. Using the sterilized needle and holder from the kit, I inserted the needle into the defendant's vein and withdrew enough blood to fill the two vacuum vials. I discarded the needle, holder and disinfectant and shook the vials thor- oughly to prevent the blood from clotting. The vials of blood were labelled with the full name of the defendant, the date and time of withdrawal and I placed my initials on the label. I gave the vials to the officer who accompanied the defendant, and I observed the officer seal the top of each vial with a label seal and place his initials on the i seal and on the label of each vial. The sample(s) was/were taken in a medically approved manner. I declare under penalty of perjury that the foregoing is true and correct. i f Dated: 12- 2 `5F� at _ �C.0 v-e California. JSignature of Declarant) 1 To be completed by person collecting blood. r . (WHITE COPY) DISTRICT ATTORNEY'S COPY—PLEASE RETURN TO THE BLOOD WITHDRAWAL KIT } (YELLOW COPY) POLICE AGENCY'S COPY—PLEASE DETACH AND MAINTAIN FOR YOUR RECORDS � � (PINK COPY) COPY FOR PERSON MAKING BLOOD WITHDRAWAL—PLEASE DETACH AND MAINTAIN FOR YOUR RECORDS (GOLDENROD COPY) LABORATORY'S COPY—PLEASE RETURN TO THE BLOOD WITHDRAWAL KIT 1 I: f DECLARATION under penalty of perjury says: (Print Ne e) 1 am employed by < <° (• in the capacity checked below: h� [3 physician s C..p 1 ❑ registered nurse ❑ licensed vocational nurse ❑ licensed clinical laboratory technologist ❑ clinical laboratory bioanalyst On this date I took blood from a person identified to me as N1�d ►n b•l f�� .�,, , the defendant. I cleaned the area to be punctured with the non-alcoholic disinfectant, included in the Contra Costa County Criminalistics Laboratory blood withdrawal kit. Using the sterilized needle and holder from the kit, I inserted the needle into the defendant's vein and withdrew enough blood to fill the two vacuum vials. I discarded the needle, holder and disinfectant and shook the vials thor- oughly to prevent the blood from clotting. The vials of blood were labelled with the full name of the defendant, the date and time of withdrawal and I placed my initials on the label. I gave the vials to the officer who accompanied the defendant, and 1 _ observed the officer seal the top of each vial with a label seal and place his initials on the seal and on the label of each vial. The sample(s) was/were taken in a medically approved manner. I declare under penalty of perjury that the foregoing is true and correct. Dated: �2 at w '� '� 1y_e_e k- California. nature of Dec(arantJ__✓ To be completed by person collecting blood. (WHITE COPY) DISTRICT ATTORNEY'S COPY-PLEASE RETURN TO THE BLOOD WITHDRAWAL KIT (YELLOW COPY) POLICE AGENCY'S COPY-PLEASE DETACH AND MAINTAIN FOR YOUR RECORDS (PINK COPY) COPY FOR PERSON MAKING BLOOD WITHDRAWAL-PLEASE DETACH AND MAINTAIN FOR YOUR RECORDS (GOLDENROD COPY) LABORATORY'S COPY-PLEASE RETURN TO THE BLOOD WITHDRAWAL KIT Nj")c /f'j'4.21�2 tipsy No. '�►�r0 ,.. Axr Puct . Scx 1,-2- IA6 gam- ut G SE v SAA Cat N0.44-1-t?O2 00 tt a i • �� ►; N,,rt,e �' /r?/Q�iQ/�J/3%Q. Nutupw Nu. A;c Rrtc _ Sex Orcc -. i qm l r , 000033 Cat. No .a.1.O 15-00 -utopsy N0. Al'c�LRace Date 1� �f11 r _ 1 �f 1 L � fill _ - fah 1000034 Cat. No. 44.1-01a-,)0 Ar, Race Se: Det e /,;z ! ! $-J, r. • , �,eAc Ilk.�. „ r1 t� t � R L INNEr2 VIEW OF SKULL C::t. nc+ 44-1-017-00 _ f I =ECZ. kz%j1.TXC>23 xx aiL7B voxtT OF $7ROAA x z CAuBE TO oz=.►IN - • CABE REPORT #s 7�- d7_j,,'"�a� The undersigned declares, upon information and belief: that he/she is an officer with the (01ma of Departeent) That the detainee, 70,41 2>A44ZZZ> .'1_5eA4)Y (sass) (Data of firth) . C]Cl°tT2�'ZC•ATE CiF 2TRO�ABZ+E C:AVBE an tie basis of the offioer's declaration, I barshy dstarains that them-Q is �is sat psobabla Can".to detain the above saasd individual. Date: $ignatnz�: 'ties: ❑ Magistrate of the Municipal Court Jadga/ftferse of the Juvenile Court was arrested for the crime(s) of C`G l./�/��f n ed- f (Code sections) on j off' ... at (data of offense) (?iso) That the detainee committed said offenses) in the manner and by the means as set forth and described as follows: p S int^ o v Q A114ia GJ, 1k ILAC .�G/LrA�' 1.r4 c'�• .�+f//,�,�L�►1�,.�.y� � 'l�i�� C�o�rS'ib.J /�i ls� A (continuo on supplemental shoat, if necossary, Din Do SM ATIMM POLICE VMPCITS) , That there is probable cause to believe that the said detainee committed said offense($). There are the following additional authorities for holding the detainees 0Parole ❑ Probation Outstanding ❑ INS ❑ Other Hold Hold Warrants) Hold (describe) Dated: , at , contra Costa County, CA. I declare der ity of perjury that the foregoing is true and corcte003 Signed: • �,2pc�i� nn�� (officer) (Supervisor) (Telephone 1) C:tl20/Pg.2/forms1I1dis1t/dv1/9/92 SAT DELTA " ; 81 ' E#—HOUR IPROSAELF CAUSE DETERMINATIONS T., © e pow csQ � Concord per; TAY: 676-704 &asigttd Judge: upon review of. the Declarations in Support oI lrobable .cause to • Detain submitted by your 3usissdiction, S took the following adtion on tho defandant(s) listed: DATE OF WORT �XNAINGc DEFMA"Is SAME BIRTE U DETAIN • . S. . kw A 4e ops +-.x.00.+• ....,�.c X02_.Z 9.OP.- Counm Costa County Detention Facilities QN-VIEW ARREST INFORMATION ARRESTEE /l/Q��� l�D�'i '9[/i O CHARGE /023/-,5-3� Last First Middle PART II - FELONY OFFENSE (Give brief description of offense to include elements) AZr O tl PART II - MISDEMEANOR OFFENSE (Information required per 853. 6 (i)PC) RESIDING WITH WHOM: RELATIONSHIP: LENGTH OF. RESIDENCE: AT PRESENT RESIDENCE IN COUNTY . IN STATE PRIOR ARREST RECORD: NONE NO. OF ARRESTS NO OF CONVICTIONS OFFENSE(S) PROBATION? PAROLE? NAME OF P.O. PART III - REASON CITATION RELEASE WAS DENIED (misdemeanors only, 853.6(i)PC) Check applicable statement(s) _1. Arrestee is so intoxicated,he is a danger to himself or others. —2. Arrestee requires medical attention or is otherwise unable to cars for his own safety. —3. Arrestee is charged with one or more offenses listed in Section 40302 of the California Vehicle Code. —4. 7bem is an outstanding arrest warrant for the arrestee. —3. Arrestee lacks satisfactory evidence of personal identification. —6. Prosecution of the offense(s)the person was arrested for or the prosecution of another offense would be jeopardized by the arrestee's immediate release. —7. It is likely the offense(s)will continue or resume,or the safety of persons or property will be imminently endangered by release of the arrestec. —8. Arrestee demanded to be taken before a magistrate or refused to sign the notice to appear. 9. Additional masonfinformstion(state specifically) ETING OFFICER'S SIGNATURE AND NUMBER . DATE FINAL DISPOSITION (To be completed by Detention staff) Was the arrestee released on his promise to appear? Yes No If not, state reason: BOOKING DEPUTY AND NUMBER APPROVING SUPERVISOR AND NUMBER White to Booking, Yellow to Classification/Probation ®0A3 DET 021:FRM Rev. 1/9/91 PLEASE PRINT This form must be filled out completely IT AGENCY AGENCY CO E C SE t DATE DETAIN: �it'ACJi� '%A �4V-;a DOB /! AGE La First Middle �y� SEX _�_ RAC;21 HAIR COLOR EYE COL HT WT , GLASSES: Yes No PLACE OF Fair. AKA's D.l.0 BIRTH (State) SKIN: Med Iun SOC. SEC. /S41r l/—a2 413 SCARS/MARKS/TATTOOS pafke ADDRESS cv/,4 A 2,9 4160" C4 Phone 0 91,6 /e,r— EMPLOYMENT: Occupation Name of Business �g Business Address Phone EMERGENCY CONTACT: Name Relationship Address Phone I. fILOKY: Committed in my presence. (0) (� I have reasonable cause to believe arrestee committed the felony listed below. �+ Be precise in listing charges, degrees. Subsections MUST be given. SECTION b CODE DEGREE !C/RIME TITLE ,/ 5 ON VIEW CHARGES NISDEMEANOR: Committed in my presence (0). Citizen's arrest pursuant to 847 PC (Attach Citizen's Arrest Form - S.O. only) (2) Be precise in listing charges, degrees. Subsections MUST be given. SECTION 3 CODE DEGREE CRIME TITLE JI. Local (W) Felony/Misd. Warrant 1 Charge 0 Charge WARRANTS Foreign (F) Felony/Misd. Warrant 0 Charge 0 Charge Requirements of CVC 40304.5 have been fulfilled Date Time A JII. Complete only if Sections I or lI do not apply. OTHER Commitment (C) 0 0 :-- Remand (R) 0 0 AUTHORITIES Parole (P) Removal Order (R) � COURT (Check One) Walnut Creek/Danville Municipal (01) Bay Municipal (02) Mt. Diablo Municipal (03) -- Concord (1.2) - Martinez (3,4) Delta Municipal (04) �X Superior Court (05) Court not listed above: PRINTED BY ARRESTING AGENCY: YES NO ARREST LOCATION: lcwu✓IV C /L D/�ya //A0 Address or Field Location City Date Time Location of Vehicle Towed/Stored RK 0`o2gL Arresting Officer/Badge 0 Transporting Officer/Badge 0 O� White - Booking. Yellow - Classification Pink - Arresting Agency DET 020:FRM Rev: 7/90 r Contra Costa County Detention Facilities ItEGIUM3320 `aTHB ARRBS r CF TIDE LTNDERS=G2430M REQU3;STS W112k= _ 1321.3:3C, BE SET 1) L=ST MACH SEPAR.A K FICE.CWT P.C_ ANLRBS r AND W*M CONUM pCA® IG JLZ*C 3MT. Crimes committed en different days and crimes against different parsons are generally separate crimes. Hmiever, a criminal act arrestable onder acre than we code section sncb as PC 49%/CVC 10851 or attempted PC 187/PC 245(a), creates only one bailable event. CODE SECT. # DESCRIPTION BAIL PC 000 v <.e 1-hl .� AL ,Pif Z.f $ #000 $ ,000 $ ,000 ,000 Z) X-T-ST EACH EMaiANC 0MMNT AFID THE 330(3 14mTT- A KyawT lsPPL=r_nRr_A TO ANY OF TIBC KBOVE C833m_S_ M EXWCEKERTS: PC 12021, Armed with Firearm/Use of Deadly Weapon: $10,000; PC 12021.5, Use of Firearm: $10,000; PC 12022.7, Great Bodily lnjur7: $15,000; PC 12022.1, Committed While cc Felony Bail or O.R.: $10,000; Any prior felony conviction: $5,000. CODE SECT. # DESCRIPTION BAIL ,000 ,000 $ ,000 PC ARREST TOTAL 3) ZZEST A1.1 WARRANTS AND . RmTr. APDOUNTS. WARRANT NUMBER AMOUNT 4) C HECIK BOX =F BAS XNC REASE FORM ATTACHED oma •Jcv� - v295b Z resting officer and Badge Number Agency and Case Number ,g Date: p Q 000®5R DET 087:FRM Alb"RIBUTION: White-Court Yellow-Jail Pint:-Police Agency 10/13/92 ML.SETVFS;9-c2 ' f CONCORD POLICE DEPAFpMENT PROPERTY REPORT INVESTIGATING OFFICER CLASSIFICATION ( ]Found Property ( J Stored ( ]Safekeeping [ J Safety of Others [ j Disposal Evidence REPORTING OFFICER(Prnt) D• DATE-T61E COLLECTED TYPE OF CRIME o6j ,d. iso tvq J 1.SUSPECTS NAME(LaK Finn Ii0n1e WSM D.O.B ADDRESS r CRY RES.PHONE BUS.PHONE AA,� 2 ;1 • — V 3 OWNER/VCM(Las.Fiat,k0aft in") D.O.B. ADDRESS CRY RES,PHONE BUS.PHONE 4. THE PROPERTY LISTED BELOW IS IN THE CUSTODY OF THE CONCORD POLICE DEPARTMENT. TO DETERMINE IF AND WHEN YOUR PROPERTY CAN BE RELEASED,CONTACT THE WORK UNIT LISTED BELOW BETWEEN 8 am.AND 5 p.m.,MONDAY THROUGH FRIDAY. N your property is a firearm(s) and it was taken for safekeeping, it will be held no bn w than 72 Hours. Contact the Property.Officer as soon as possible to arrange for an appointment for release.Bring this receipt with you,along with identification and present it to the Property Officer. If your firearm(s) was confiscated for the safety of others (under the authority of 8102 W 8 1), you must obtain a Superior Court Order.before the weapon will be returned to you.You may consider contacting an attorney for legal advice. CONTACT OTHER EVIDENCE LOCATION ( ]PROPERTY UNIT 671-3197 ( ]RECORDS/SERVICES. 671-3012 [ ]HAZ MAT [ ]ANNEX [ ]INVESTIGATIONS 671-3030 [ ]TRAFFIC 671-3265 [ ]OTHER - ITEM DESCRIPTION ARTICLE BRAND MODEL SERIAL f STATUS STORAGE LOCATION t 114 Clea, [ 1 Freez [ ]Bicycle Amex.. �4eA ep/ - p —`-.% — [ J stolen Lock• _ [ I Refer [ ]Safe adv �/„oI�2 P-sof; s` - I )Clear [ I From [ I Bicycle Annex I I Stolen Locks _ I J Refer [ ]Safe I I Clear { I From [ J Bicycle Annex [ J Stolen tock s _ I J Refer [ )Sate [ J Clear ( ]Freez [ ]Bicycle Amex [ )Stolen Lock s I J Refer ( ]Safe I I Clear I IF— I I Bicycle Annex ( I Stolen Lock I I I Refer ( ]Safe ( )Clear [ J Freez [ I Bicycle Annex [ )Stolen Lock s I J Refer [ ]Safe [ ]Clear I J From [ J Bicycle Annex ( ]Stolen Lock s [ J Refer ( )Safe <r. 1. r . ! d.&-4.• _ ._ I Freez [ ]Bicycle Amex [ J stolen Lock s _ [ 1 Refer I I Sete } [ )Clear [ I Freez [ J Bicycle Amex [ ]stolen Lock s _ [ I Refer I I Sete Clear [ J Freez [ l file Amex [ J Stolen Locks _ I I Refer [ I Safe I l Crean [ l Fr [ I Bicycle Annex T I stolentock s _ [ I Refer ( I Sete I J Clear ( J Frew [ ]Bicycle Annex I )Stolen lock s [ ]Rum [ J Safe [ I Cies► [ )Frew [ )Bicycle Annex [ )Stolen Lock s _ [ J Refs► [ )Sate [ I clew [ J From [ J Bicycle Amex [ J Stolen Locks _ I I Refer ( }Safe [ J Clear [ )Freez I J Bicycle Amex. I I Stolen hock s I I Refer [ )Safe I I Clear [ IF Annex r [ J Stolen Look s I I ► I J Ctear I I FrI J Bicycle Annex I )Stolen Locks _ [ 1 f [ I Sete eaz CP-106.1 MAY as Iia�I'► CONCORD POLICE DEPARTMENT PROPERTY REPORT NVESTIGAMNG OFFICER CLASSIFICATION [ J Found Property [ ]Stored [ J Safekeeping [ J Safety of Others [ ]Disposal $rEvidence MPORnNG OFFICER�( "`) D• DATE-TO&COLLECTED TYPE OF CRME 1 1.SUSPECTS NAME(LAK Fog,Middb YtiW D.O.B. SS ^ CrTY RES PHONE BUS.PHONE 2 a OWNER/VICTIM(Lasa.FM Riddle In") D.O.B. ADDRESS CRY RES PHONE BUS.PHONE ( ) ( 1 4. THE PROPERTY LISTED BELOW IS IN THE CUSTODY OF THE CONCORD POLICE DEPARTMENT. TO DETERMINE IF AND WHEN YOUR PROPERTY CAN BE RELEASED,CONTACT THE WORK UNIT LISTED BELOW BETWEEN 8 a.m.AND 5 p.m.,MONDAY THROUGH FRIDAY. M your property is a firearm(s) and it was taken for safekeeping, it will be held no !anger Ulan 72 hobs. Contact the Property Officer as soon as possible to arrange for an appointment for release.Bring this receipt with you,along with identification and present it to the Property Officer. If your firearms) was confiscated for the safety of others (under the authority of 8102 W & p, you must obtain a Superior Court Order before the _ weapon will be returned to you.You may consider contacting an attorney for legal advice. OOHIACT OTHER EVIDENCE LOCATION [ ]PROPERTY UNIT 671-3197 [ )RECORDS/SERVICES 671-3012 [ ]HAZ MAT [ ]ANNEX (- )INVESTIGATIONS 671-3030 [ ]TRAFFIC 671-3265 [ ]OTHER REM DESCRIPTION C # ARTICLE BRAND MODEL SERIAL# STATUS STORAGE LOCATION G I 04.1 4' Cr- s r / I I it k# _ I j I J Bicycle Annex Stolen Refer Se I I Clear I J Freez [ I Bicycle Annex [ j Stolen Lock ck# _ I I Refer I ]Safe I J Clear I J Inez I ]Bicycle Amex I I Stolen Lock# _ 11 Refer j J Safe [ j Clear I J Freez I J Bicycle Annex I I Stolen Lock# _ [ 1 Refer ( j Safe I l Gear I I Frees I J Bicycle Annex [ I Stolen Lock# _ I I Refer [ I Safe I J Clear [ j Frees [.]Bicycle Annex [ I Stolen Lock# I J Refer [ ]Safe I I Clear I I From I I Bicycle Annex [ }Stolen Lock# _ { 1 Refer ( ]Safe Clear-. -- I J Freez I j Bicycle Annex --- I l Stolen Lock# _ I J Refer I I Safe I J Gear I I Ffom i J S cycle Annex I l Stolen Lock# _ [ 1 Refer [ I Sefe I I Clear [ ]From ( j Bocycte Annex I l Stolen Lock# _ I J Pat- I J Safe I J Clear I I Fnmz I I Bicycle Amex t I Stolen Lode# _ I I Refer I I Safe I I Clear I ]From 11 ate Amex I I Stoner, Lock# _ [ I Rett I 1 Safe I J Gear I ]Freez I I Bicycle Amex I l Stolen Lock# _ [ 1 Refer I I Safe I I Clear I l From I ]Bicycle Amex t I Stolen Lock# I I Refer I I Safe _ t I Geer I J Freez I I Bicycle Amex I I stolen, Lock# I I Refer t I Safe t J Clear ( I F :Q Amex t I stolen tock# I I Refer�t ( }Clear. t }Freez [ J Bicycle Annex I IStolentock# _ I I Refer I I Sate,- CP-109.1 MAY M 6:. CONCORD POLICE DEPARTMENT • PROPERTY REPORT 1 &WESTIGATING OFFICER CLASSIFICATION t l Found Pop" [ l Stored [ l Safekeeping t I Safety of Others t ]Disposal j<Evidence Z iEPORnNG°�R 1 D• aTE-TIME COLLECTED TYP�AF CRIME IA- //4' Co Lam,s,a.✓ 1.SUSPECT'S NAME(LmL Fret.W&W tni0sl) D.O.B. ADDRESS CRY RES.PHONE - BUS.PHONE 2. fnve 0-TJ ev f ( t t t a OwlERNICTIM(Lest,FreL Middle Irwtial) D.O.B. ADDRESS CrrY RES.PHONE BUS.PHONE 1 t ( t a. ( t ( t THE PROPERTY LISTED BELOW IS IN THE CUSTODY OF THE CONCORD POLICE DEPARTMENT. TO DETERMINE IF AND WHEN YOUR PROPERTY CAN BE RELEASED,CONTACT THE WORK UNIT LISTED BELOW BETWEEN 8 am.AND 5 p.m.,MONDAY THROUGH FRIDAY. If your property is a firearm(s) and it was taken for safekeeping, it will be held no bnger than 72 Awns. Contact the Property Officer as soon as possible to arrange for an appointment for release.Bring this receipt with you,along with identification and present it to the Property Officer. If your firearm(s) was confiscated for the safety of others (udder the authority of 8102 W & 1), you must obtain a Superior Court Order before the weapon vinll be returned to you.You may consider contacting an attorney for{egal advice. CONTACT OTHER EVIDENCE LOCATION [ J PROPERTY UNIT 671-3197 [ ]RECORDS/SERVICES 671-3012 [ J HAZ MAT [ ]ANNEX [ ] 671-300TRAFFIC 671-3265INVESTIGATIONS OTHER MEM DESCRIPTION # ARTICLE BRAND MODEL SERIAL# STATUS STORAGE LOCATION !/ I J Clear I J I— I J Bicycle Annex Lam/T y3 I ]Stolen tock# _ I J Refer [ ]Safe I J Clear I )Frees I J ate Annex I J Stolen Lock# I J Refer ( ]Safe I J Clear I J Freez [ J Bicycle Annex ( )Stolen Lock# I J Refer [ ]Safe I J Clear I J Freez I I Bicycle Annex I J Stolen Lock# I J Refer [ ]Safe [ ]Clear I J Freez I J Bicycle Amex I J Stolen Lock# _ I J Refer I J Safe I J Clear [ IF— [.J Bicycle Amex I I Stolen Lock# _ I J Refer I ]Sate I J Clear I IF— I I ale Amex I J Stolen Look# _ I J Refer I J Safe I J Clear — - - I IF— I J B-ycle Annex [ J Stolen Look# _ I J Rete► [ J Safe I J Clear I J From I J Bicycle Annex Stolen Lock# _ I J Refer [ ]Sete [ J clew I J From I I Bicycle Amex r I J Stolen Look# _ I J Refer [ J Safe _ I J Cielar I J Freez I J Bicycle Annex [ J Stolen tock* _ [ J Refer I J Sete I 1 Clear ( )From I J Bicycle Annex I J Stolen tock# _ I J Refs► [ J Safe I J f ASW I J From I J ale Amex [ I Stolen Look# _ I J Refer I ]Sale [ ]Clear [ J From ( J Bicycle Amex I J Stolen Lock# _ [ ]Refer [ )Sete I J Clear I J From I J Berle Annex Stolen Lock# I J Refer [ J Safe ' I J(sear [ J F Annex [ ]Stolen Lock# [ J d I J clear I J Frees I j Bicycle Annex Stolen Lock# I ]Refer [ ]Safe.- CP-109-1 MAY as l: 3ttr J DATE: 12-31-92*TIME:13:06* = 4r ' DMV RECORD FOR LAW ENFORCEMENT USE ONLY - .5186.5#-BD.:�..2=11�.58*t�AME,BRADY_ID�.Qfl�ICC�.� _: RES/ADD : AS OF 09-25• -87'RTR BX 5063 CORNING 96021* +� OTH/ADDR AS OF. 08-12-91 :RTR BOX 5363 CORNING i - • Y i KA.BR.A.D�OMAS. .DAV ID* 11DENTIFYING- INFORMATION y 0 SEX:MALE*HAIR:BLOND*EYES:GRN*HT:6-02*WT:180* LICfISS:04-21-77*EXPIRED*CLASS:3 ir.-LATEST APP: ' .1-JYPE.:RETAKE*-B:S4ftATE: 04-09 8,5* FF IC ' .HDL*BQ�S..Q4.8 „- RICENSE STATUS: ~ 3 ; SUSPENDED OR REVOKED DEPARTMENTAL .ACT.IONS1 -. =PROOF REQ:0/02-08-94*TERM: - - *EF-F:10-14-86*ORDER MA DRU LIE REVOKED R.EASOX2RUNK. DR I.V INCi._OR_DRUr-S*SERYI.CEA 01=-13A$#_ x' VERBAL NOTICE-COURT,LAW ENFORCEMENT AGENCY,OR DMV* :t. : DRV LIC SUSPENDED *EFF:12-03-86*ORDER MAILED:01-07-87*AUTH: 13352A3* REASON -DRUNK . DR IV ING:_OR-.DRUGS#SERV.ICE.;Mj12 y0L-32* : VERBAL NOTICE-COURT ,LAW ENFORCEMENT- AGENCY,OR DMV* DRV LIC SUSPENDED *EFF:02-08-93*ORD-ER MAILED:12-25-92*AUTH:133532"; '". -_ ; 231585 * _ AREA-SON:EXCE99-!VC6l.00D ALCOHOL LEVEL*SERV ICE:J/12-25-92* ; C WRITTEN NOTICE SERVED BY OFFICER* CONN ICT IONS; UIOL/DT CONV/DT SEC/VIOL DKT/NO DISP COURT UEH/LII± ( 04-08-94 04-09-84 . 231524VC 040465 CGJR 11670 *COURT FROR 03. YR._ 06-O7-84 12-11-84 23152A VC 0776005 CGJQ 07410 j[ *COURT PROB 03 YR 0J-16-86__10-14-86- - 2?1_52A_V1C .Q421�i0 CG STV �16Z� - .23157.$ UC CONSENT DATE 10-14-8G . ( *COURT RSTR 01' YR *COURT P_-RU.. 03. YR._ BOJ-25-87 11-17-87- 146012 UC 006214- C '52620 36168Z ' , •. ( 01-13-88 11-28-88 -- 14601A, VC .20295- CG 52660 1LCF806m ..*C.OURT.. _PROB_-.03._ Y.R- *FTA CLEARED ( 04-01-89 10-26-89 146012 VC 044522 CJ 11670 *-FTA CLEARED_...! 08-12-91 09-17-91 146012. VC 029466 CGJ 52620 kMH 117 ,` (, ; *COURT PROB, TERM* NOT REPT'D - F'AILURES._ID.APPEAR : NONE :ACCIDENTS; END 000044 _j Vic i 131192_13"10 & -PRMI.CREIGESIED BY I'.ERM INAL T RE7 f')ATE:12-31-92*TIME: 13:11* OMV RECORD FOR LAIC ENFORCEMENT USE ONLY DLt�$:tt513�34��'DfB;-tis=2�--��#Rpt€:�f►$f3MT;A-Ag��$�fittRS$�`---.-: °ESfADDR; AS OF 12-24-90: 1520 SCHENONE CT APT 2 CONCORD 94521* { �1THfADgR AS OF 05-07-90:434G FALLOROOK CT CONCORD IDEH-T IfY-INfr--INFORMAT-IOM: �E•X;MALE*HAIR:BLACK*EYES:Bt.K*HI:5-07*�lT:1G5* .'- . LIC/ISS: 11-25-85*EXPfBD:93*RBM1*CLASS:C PION-COMMERCIAL* LATfS-T--APf'. :. nL' TYPE:ORICINAL*ISSfDATE: 11-25-85*OFFICE: CTM*BATE8:1.51* LICENSE STATUS: UAL ID*------- ' nEPARTMENTAL ACTIONS: NONE (40NE -r A ILURES TO APPEAR: NONE OCCIDENTS;NONE } . • i • r IL {1 ? 31192 13:14:92 PRONTCREHESTED BY TERMINAL TRF2`-, DAT�: 12-31-92*TIME: 13: 15* C KV RECORD FOR LAW ENFORCEMENT USE 'ONLY' _ DLYNO_:A4357075*B/D: 12-24-41*NAME:MADAMBA VIRGINIA QUINTOS* RESiADDR: A OF _07=-05=8P: T?S AVE-3-aCftAMBRPF-13-T601Tw— .C.KA:MADAMBA VIRGINIA Q* IDENTIFYING INFORMATION: SEX.:FEMALF#AA'IR:BUCK*EYES:BRi� CD CARD MLD:08-05-88*EXP/BD:93*BATES:089* LICENSE STATUS: NONE ISSUED ( EPARTMENTAL ACTIONS: NONE :.y CONVICTIONS. ---- -- (_ :ONE' FAILURES TO APpEPR_: NONE (_-CC IDENTS NONE END'--- - s a a /. V7 RROM :.. CLAIM Job- 11993 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA COMM Comm NWCn6+ $, Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT JULY 27, 1993 and Board Action. All Section references are to The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Unknown Section 913 and 915.4. Please note all "Warnings". CLAIMANT: McDANIEL, Rebecca L. (#05-0993-390) ATTORNEY: State Farm Insurance Companies Attn: Stacey Wanke Date received ADDRESS: 2213 Buchanan Road, Ste. 112 BY DELIVERY TO CLERK ON June 30, 1993 (via Risk Mgmt) Antioch, CA 94509 June 22, 1993 8Y MAIL POSTMARKED: 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: June 30, 1993 Jy1L BATCHELOR, Clerk 11. FROM: County Counsel TO: Clerk of the Board of Sup ors ( ) This claim complies substantially with Sections 910 and 910.2. (✓) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.6). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: / I/Y2 BY: e. Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (✓) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Boards Order entered in its minutes for this date. Dated: J U L 2 7 1993 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 13) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warnino see reverse side of this notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: AUG c 2 1993 BY: PHIL BATCHELOR b Deputy Clerk CC: County Counsel County Administrator w Phil tchelor 17 he. Board of Supervisors Contra CerkofttheBoard and County Administration Building Costa Couny(510)646-2371 Administrator 651 Pine St., Room 106 Martinez, California 94553 County Tom Powers,1st District Jeff Smith,2nd District SE C Gayle Bishop,3rd District Sunne Wright McPeak 4th District Tom Tortakson,5th District �' '• ST�_coli^r NOTICE OF INSUFFICIENCY AND/OR . NON-ACCEPTANCE OF CLAIM TO: State Farm Insurance Attention: Stacy Wanke 2213 Buchanan Road, Ste.112 Antioch, CA 94509 RE: CLAIM OF: Rebecca L. McDaniel Please Take Notice as Follows: The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section 910 and 910.2, or is otherwise insufficient for the reasons checked below: [xx] 1 . The claim fails to state the name and post office address of the claimant. [ ] 2 . The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. [xx] 3. The claim fails to state the date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. [xx] 4 . The claim fails to state the name(s) of the public employees) causing the injury, damage, or loss, if known. [xx] 5. The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000) . If the claim totals less than ten thousand dollars ($10,000) , the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If Page 1 the amount claimed exceeds ten thousand dollars ($10,000) , the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. [ ] 6 . The claim is not signed by the claimant or by some person on his behalf. [xx] 7 . Other: The claim must comply with the provisions of section 910 and 910 .2 of the Government Code. Please file an amended claim, containing the above information. VICTOR J WESTMAN, County Counsel By: De,ndt County C nsel CERTIFICATE OF SERVICE BY MAIL (C.C.P. §§ 1012, 1013a, 2015.5; Evidence Code §§ 641, 664) I declare that my business address is the County Counsel's Office of Contra Costa County, 651 Pine Street, Martinez, California 94553; I am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non- acceptance of Claim by placing it in an envelope addressed as shown above, sealed and postage fully prepaid thereon, and thereafter was, deposited this day in the U.S. Mail at Martinez, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: July 8, 1993 at Martinez, California. cc: Clerk of the Board of Supervisors (original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOVT. CODE $S 910, 910.2, 920.4, 910.8) Page 2 y. STATE FARM State Farm Insurance Companies M �Oh Haley INSURANCE SUN 3.4 X993 2213 Buchanan Road,Suite 112 June 22 , 1993 �� Antioch,California 94509 r �t7 fj Mail: P.O.Box 2357 Contra Costa County Sheriff p Antioch,California 94531-2357 1980 Muir Rd (. JOR1779-29,09 Martinez , CA 94553 RECEIVE® .s�-may . E 3 01993 RE: Claim Number: 05-0993-390 Date of Loss: June 19 , 1993 CLERK BOARD OF SUPERVISORS Our insured: Rebecca L. McDaniel CONTRA.COSTA CO. Dear Sirs: Our insured has reported the above-captioned loss to us. The facts, as reported, indicate that you are responsible for this accident and the resulting damages. The repairs to our insured's vehicle have not been completed to date, so we do not know the total amount of our subrogation claim at this time. If you have insurance, please send this letter to your insurance company. Please ask them to contact us to confirm that they are handling this loss on your behalf. If you do not have insurance, please contact me. Once the final repair cost has been determined, we will notify you of the amount due. Sincerely, STACEYv-W�ANKE Claim Representative (510) 779-2910 State Farm Mutual Automobile Insurance Company SW/cs cc: Agent 6509 f' t z„twl HOME OFFICES: BLOOMINGTON, ILLINOIS 61710-0001 Contra Costa County RECEIVED JUN 3 4 1993 Risk Management j 1 � d C O � Q r U �' U. d V as cl ZN a 4 is a► o N � w O t0 s N U. o NN CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT JULY 27, 1993 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your Claim oy the Guard ur Supervisors (Paragraph IY below), given pursuant to Government Code Amount: Undetermined Section 913 and 915.4. Please note all "Warnings". CLAIMANT: McDANIEL, Rebecca ATTORNEY: Robert C. Kellman, Esq. 3447 Mt. Diablo Blvd. Date received ADDRESS: Lafayette, CA 94549 BY DELIVERY TO CLERK ON July 9. 1993 (via Sheriff's Office) BY MAIL POSTMARKED: . July 1, 1993 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. pp 8 DATED: July 12, 1993 BIL Deputy OR, Clerk II. FROM: County Counsel TO: Clerk of the Board of erors ( !4"This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.6). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 3 S 3 BY: (r Deputy County Counsel I11. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORO R: By unanimous vote of the Supervisors present ( ) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Gated: J U L 2 7 1993 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code sect3) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warning see reverse side of this notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 16; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant :.c :hown above. Dated: AUG `_ 2 1993 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator RECEIVED 7/2-) JUL - 9 1993 GOVERNMENT CODE CLAIM CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. TO THE GOVERNING BODY OF: CONTRA COSTA COUNTY SHERIFF'S OFFICE OUR CLIENT AND CLAIMANT: NAME: REBECCA MCDANIEL ADDRESS: 957 Estates Drive Brentwood CA 94513 Date/Injury: 6/19/93 Place/Injury: Near intersection of westbound SR4 and East Boulton Road in an unincorporated area of the Delta Judicial District of Contra ' Costa County, California DESCRIPTION OF INCIDENT: Plaintiff was stopped on westbound SR4, waiting for traffic to clear so she could make a left turn onto West Boulton. She had her left turn signal on. At this point, a Contra Costa County Sheriff's vehicle driven by Deputy Sheriff Alan Johnson rear-ended her at high speed. The Sheriff's vehicle had no lights or siren operating at the time. NATURE OF DAMAGES: Claimant has obtained an estimate on the damage to her car in the amount of $6,471.36. She has also suffered loss of use of her vehicle, as well as personal injury damages including hospital and medical expenses, pain and suffering, wage loss, loss of earning capacity, and other general damages. AMOUNT OF CLAIM: s $100,000 or more, depending .-upon, full extent of injury and response to treatment ATTORNEYS TO WHOM NOTICES SHOULD BE ADDRESSED: ROBERT C. KELLMAN, ESQ. 3447 MT. DIABLO BLVD. - LAFAYETTE,_ CA 94549 DATED: R ERT C. KELLMAN Attorney for Claimant 1 PROOF OF SERVICE BY MAIL [C.C.P. Secs. 1012a, 2015. 5] 2 I declare that: 3 I am employed in the County of Contra Costa, State of 4 California. I am over the age of 18 years and not a party to the 5 within cause; my business address is 3447 Mount Diablo Boulevard, 6 Lafayette, California, 94549 . 7 On July 1, 1993 , I served the within 8 GOVERNMENT CODE CLAIM 9 on the following by placing a true copy thereof enclosed in a 10 sealed envelope with postage thereon fully prepaid in the United 11 States mail at Lafayette, CA, addressed as follows: 12 Contra Costa County Sheriff's Dept 13 1801 Shell Avenue Martinez CA 94553 14 I declare under penalty of perjury that the foregoing 15 is true and correct and that this declaration was executed on 16 July 1, 1993 , at Lafayette, California. 17 18 19 GWY E HOOKE 20 21 22 23 24 25 26 27 28 • 110py9 >9M�i � •�«�! LL •n `d w� F..,.. ���1Yi� •r^ �dJuti r3 A G +n � o V v a a a � 4 � wo� Orn A w p � M LAW OFFICES OF ROBERT C. HELLMAN 3447 Mount Diablo Boulevard Lafayette, California 94549 TelephZe (�;10) 284-7980 Fax: (510) 283-0791 July 13, 1993 ' RECEIVED f1UL 14 1993 CLERK BOARD OF SUPERVISORS j CONTRA COSTA CO. r Clerk of the Board 651 Pine Street, 1st Floor Martinez CA 94553 Re: Government Code Claim of Rebecca McDaniel Gentlepeople: We originally sent this Claim to the Sheriffs Office on July 1, 1993. We have now learned that you are the Governing Body of the Sheriffs Office, so are sending the Claim directly to you. Thank you for your cooperation. Very truLy yours, VC1K-CELLJNM :gh cc: Ron Harvey ' Fa GOVERNMENT CODE CLAIM TO THE GOVERNING BODY OF: CONTRA COSTA COUNTY SHERIFF IS OFFICE OUR CLIENT AND CLAIMANT: k rt'"' R E C E IVED NAME: REBECCA McDANIEL ADDRESS: 957 Estates Drive `fir: JUL I d 1993 # Brentwood CA 94513 CLERK BOARD OF SUPERVISORS Date/Injury: 6/19/93 CONTRA COSTA CO. Place/Injury: Near intersection of westbound SR4 and East Boulton Road in an unincorporated area of the Delta Judicial District of Contra Costa County, California DESCRIPTION OF INCIDENT: Plaintiff was stopped on westbound SR4, waiting for traffic to clear so she could make a left turn onto nest Boulton. She had her left turn signal on. At this point, a Contra Costa County Sheriff Is vehicle driven by Deputy Sheriff Alan Johnson rear-ended her at high speed. The Sheriff's vehicle had no lights or siren operating at the time. NATURE OF DAMAGES: Claimant has obtained an estimate on the damage to her car in the amount of $6,471.36. She has also suffered loss of use of her vehicle, as well as personal injury damages including hospital and medical expenses, pain and suffering, wage loss, loss of earning capacity, and other general damages. AMOUNT OF CLAIM: $100,000 or more, depending upon full extent of injury and response to treatment ATTORNEYS TO WHOM NOTICES SHOULD BE ADDRESSED: ROBERT C. RELLMAN, ESQ. 3447 MT. DIABLO BLVD. LAFAYETTE, CA 94549 DATED: 7/1/93 RT C. KELLMAN Attorney for Claimant 1 PROOF OF SERVICE BY MAIL [C.C.P. Secs. 1012a, 2015. 5] 2 I declare that: 3 I am employed in the County of Contra Costa, State of 4 California. I am over the age of 18 years and not a party to the 5 within cause; my business address is 3447 Mount Diablo Boulevard, 6 Lafayette, California, 94549. 7 On July 13 , 1993 , I served the within 8 GOVERNMENT CODE CLAIM 9 on the following by placing a true copy thereof enclosed in a 10 sealed envelope with postage thereon fully prepaid in the United 11 States mail at Lafayette, CA, addressed as follows: 12 Clerk of the Board 13 651 Pine Street, 1st Floor Martinez CA 94553 14 I declare under penalty of perjury that the foregoing 15 is true and correct and that this declaration was executed on 16 July 13 , 1993 , at Lafayette, California. 17 18 av WX-4� a 19 CY 14NI HOOKE 20 21 22 23 24 25 26 27 28 1 PROOF OF SERVICE BY MAIL [C.C. P. Secs. 1012a, 2015. 5] 2 I declare that: 3 I am employed in the County of Contra Costa, State of 4 California. I am over the age of 18 years and not a party to the 5 within cause; my business address is 3447 Mount Diablo Boulevard, 6 Lafayette, California, 94549. 7 On July 1, 1993 , I served the within 8 GOVERNMENT CODE CLAIM 9 on the following by placing a true copy thereof enclosed in a 10 sealed envelope with postage thereon fully prepaid in the United 11 States mail at Lafayette, CA, addressed as follows: 12 Contra Costa County Sheriffs Dept 13 1801 Shell Avenue Martinez CA 94553 14 I declare under penalty of perjury that the foregoing 15 is true and correct and that this declaration was executed on 16 July 1, 1993 , at Lafayette, California. 17 18 19 W NN HOOKE 20 21 22 23 24 25 26 27 28 t!) » M UJ j wce�•uaowu iiow a»wu LU LL Q .rte tn w r Q �� g cr 0:LIJ a t 8z co 948 } O ^M ( w % , � ,n Pel vs, 0 M Q� 4.5 1 C) MW 1 a H � G� W O of W O C�3 wo F 1 R CLAIM JUN Z 1993 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA COUNTY COUNSEL Claim Against the County, or District governed by) BOARD ACTIONAAAWIMM the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT JULY 27, 1993 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. 1 the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $10,000.00 Section 913 and 915.4. Please note all *Warnings". CLAIMANT: READY, Steven Lee ATTORNEY: Date received ADDRESS: 511 Persimmon Road BY DELIVERY TO CLERK ON June 28, 1993 Walnut Creek, CA 94598 cer i ie BY MAIL POSTMARKED. June 25, 1993 I. FROM: Clerk of the Board of Supervisors T0: County Counsel Attached is a copy of the above-noted claim, eeHH gg DATED: June 28, 1993 Brll Deputy�OR, Clerk II. FROM: County Counsel TO: Clerk of the Board of S sors ( +i) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: /ff 3 BY: Deputy County Counsel i III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (k) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: J U L 2 7 1993 PHIL BATCHELOR, Clerk, 8y . Deputy Clerk WARNING (Gov. code sec on 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warnina see reverse side of this notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: AUG '-- 2 1993 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator •RECEIVED CLAIM AGAINST THE + JUN 281993 1 CITY AND/OR COUNTY OF Co wl, Cos-rGj — Government Code Sections 910 to 911 .2 require CLERK BOARD OF SUPERVISORS that all claims must be presented to the COfVTRA COSTA CO. Controller within 6 months from dat�f accident �� q s,S,/), . /--35--d00Zo- CLAIMANT"S NAME: - T� AMOUNT OF CLAIM: $ 0D � CLAIMANT'S ADDRESS: p.��,�QX ' �� ��(�lr;� qq �l -)q CLAIMANT'S PHONE NO: � ADDRESS TO WHICH NOTICES ARE TO BE SENT: �(�('� in oe�( ` l ' l o I DATE OF ACCIDENT: / l / 3 LOCATION OF ACCIDENT: 0 G6 HOW DID THE ACCIDENT OCCUR: i ,� 've. (S Z P 6 jol �( PpLoyenP1 F i V)f�lu � -IAVn 040-A rL4 B)C46L- 01/law-A/0- lljoule rt', — DESCRIBE INJURY OR DAMAGE: / �� )�� r, LIIA� �� ► s r► NAME O eA-tc "- YE O1j�I EMPLO S�CAUSING INJURY OR DAMAGE: ,D )�7 N D2W, L ITEMIZATION OF CLAIM: (LIST ITEMS TOTALING AMOUNT SET FORTH ABOVE: s ha — $ ov �� o a e $ ►� ✓� A 4T-�a e C, I-0 'TOTAL n �OTI. CM : SIGNED BY R N BEHALF OF CLAIMANT:. NOTE: CLAIM FORM MUST BE FILED IN DUPL T . BOTH COPIES MUST BE SIGNED. r' F—I r� (14 m to Ln o Ei E-i vD off oW F4,-I o G aL, o�c • ;w ted C 1 ru 1'{' rn It s �9• � E ru r - and o.. �y �W co a c� ul rn �N co ao g9 N Q cc LU CO v "A 4 CLAIM joh 2 1993 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA JOUNTY ODUNM MA&TIL :, R Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT JULY 27, 1993 and Board Action. All Section references are to The copy of this document mailed to you is your notice of California Government Codes. 1 the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $10,000.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: READY, Steven Lee (v. County and City of Concord) ATTORNEY: Date received ADDRESS: 511 Persimmon Road BY DELIVERY TO CLERK ON June 28, 1993 Walnut Creek, CA 94598 certified BY MAIL POSTMARKED: June 25, 1993 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. pp gg DATED: June 28, 1993 BdIL Depuiy OR. Clerk II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( �) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: V. z I I `} 9 3 BY: C . Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD 0 ER: By unanimous vote of the Supervisors present ( ) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: JUL 2 7 1993 PHIL BATCHELOR, Clerk. 8y �. Deputy Clerk WARNING (Gov. code sect on 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warnina see reverse side of this notice. AFFIDAVIT OF MAILING 1 declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez. California. postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: AUG 21993 BY: PHIL BATCHELOR byZ�4�_ Deputy Clerk CC: County Counsel County Administrator c RECEIVED CLAIM AGAINST THE /' �, JUN Z S CITY AND/OR COUNTY OF �Ir -T4- � C.UJ �� �� C444 Government Code Sections 910 to 94.2 require CLERK BOARD OF SUPERVISORS eq CONTRA COSTA CO. that all claims must be presented to the Controller within 6 months from date of accident ss r, 5 5/ 3 6 0 002, CLAIMANT'S S NAME: C- OT3 02 AMOUNT OF CLAIM: $ 00 CLAIMANT'S ADDRESS: �, "guy_ ��jJ � �Q M I-- CLAIMANT'S CLAIMANT'S PHONE NO: none. ADDRESS TO WHICH NOTICES ARE TO BE SENT: LOA pr Ao p 7 �a:� nuF Cr �G4 DATE OF ACCI E�. 2 / / l LOCATION OF ACCIDENT: Ul c7 A Lr-, . j l HOW DID THE -AC—GIDE NT OCCUR: LjQ5 (�`(;s-( p�� —q 3 )-2 (A (Q, Q�d (AS 1v� C4IQ1 t)rnad1 (. )cCt I n e---Stu 106 106L ah Y)('�lfiC ,�✓I LJ �S�ol'T � zec r,,hvv no d -r o J n n Go71 i� s�xeNRY dR DA hcu/1 a l v�-y 04 �aL-. 01-6 )bro ey� o Air vl Sj . 01G /q Cn d NAI+7EF UBZIC EMPLOYEE OR EMPLOY ES. CAUSING INJURY OR DAMAGE: G� ITEMIZATION OF CLAIM: (LIST ITEMS TOTALING AMOUNT SET FORTH ABOVE: o $ LLQ �Inv4n $ r:�C� and aO6-�,6-t, an-�1 q'oTAL $ SIGNED BY OR ON�EHALF OF CLAIMANT: k4� awl- V NOTE: CLAIM FORM MUST BE FILED IN DUPLICATE. BOTH COPIES MUST BE SIGNED. v � f tp CP eTl tin • i ,ri N T . s Lp tv ,r �c sR G I- 06- -o• to r ` � N c i i c :r i t i� i, c ' RECEIVE 1- / *7 ' CLAIM 3 0 1993 BOARD_ OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA ZOUNTY 001NM 1AARTINE7, cAUF, Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT JUT Y 27, 1993 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Undetermined Section 913 and 915.4. Please note all "Warnings". CLAIMANT: RITEY, Michael ATTORNEY: Blackie Burak, Esq. Burak & Berg Date received ADDRESS: Attorneys at Taw BY DELIVERY TO CLERK ON June 29, 1993 1320 Willow Pass Road, Ste. 590 Concord, CA 94520 BY MAIL POSTMARKED: hand delivered 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ��IL BATCHELOR, Cler DATED: June 29, 1993 : Deputy I1. FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: v , g 3 BY: �_ Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOAR,/DORRDER: By unanimous vote of the Supervisors present (VThis Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: JUL 2 7 1993 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code sect on 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warnlna see reverse side of this notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: AUG ' 2 1993 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator RECEIVE® 1 BLACKIE BURAK M 2 9 BURAK & BERG Attorneys at Law CLERK BOARD OF SUPERVISORS 2 y CONTRA COSTA CO. 1320 Willow Pass Road, Suite 590 3 Concord, CA 94520 (510) 827-9990 4 5 Attorneys for Claimant MICHAEL RILEY 6 7 8 9 10 MICHAEL RILEY, CLAIK FOR PERSONAL INJURIES 11 vs. (Government Code 5910) 12 CONTRA COSTA COUNTY 13 14 TO: THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS: 15 YOU ARE HEREBY NOTIFIED that Michael Riley, whose address is 16 1320 Willow Pass Road, Suite 590, Concord, California, claim 17 damages from Contra Costa County in an amount, computed as of the 18 date of presentation of this claim, within the jurisdiction of 19 the Contra Costa County Superior Court. 20 This claim is based on personal injuries sustained by 21 claimant Michael Riley on December 29, 1992, in the vicinity of 22 67 Robinson Avenue, Pittsburg, California when officers from the 23 Contra Costa County Narcotics Enforcement Team, the East Contra 24 Costa County Narcotics Enforcement Team, the Pittsburg Police 25 Department, the Walnut Creek Police Department, the Antioch 26 Police Department, the Concord Police Department and the Contra 27 Costa County Animal Control served a search warrant at claimant's 28 home and arrested claimant for an alleged charge of sales of a 1 narcotic. 2 The names of the public employee Contra Costa County causing 3 claimant Michael Riley injuries under the described circumstances 4 are Agents Harbison and Peterson, employed by the Walnut Creek 5 Police Department and the Contra Costa County Narcotics 6 Enforcement Team; Agent Murphy employed by the Concord Police 7 Department and the Contra Costa County Narcotics Enforcement 8 Team; Agent Orman employed by the Antioch Police Department and 9 East Contra Costa County Narcotics Enforcement Team; Officer 10 Derby employed by the Pittsburg Police Department and East Contra 11 Costa County Narcotics Enforcement Team. In addition to the 12 above-named employees, Officers Barrett and Vales of the Contra 13 Costa County Animal Control were involved in the incident. 14 The injuries sustained by claimant Michael Riley, as far as 15 known, as of the date of presentation of this claim, consist of 16 a ruptured disk in claimant's back, also foot, knee and hand 17 injuries. In addition, emotional distress, stress, and anguish 18 as a result of the unlawful and unnecessary shooting of 19 claimant's dog, which resulted in his death. In this regard also 20 is the loss of companionship and the cost of claimant's dog. 21 The amount claimed, as of the date of presentation of this 22 claim, is within the jurisdiction of the Contra Costa County 23 superior Court. 24 Jurisdiction over the claim would rest in the Contra Costa 25 County, California Superior Court. 26 27 28 -2- 1 All notices or other communication with regard to this claim 2 should be sent to claimant at the follow address: 3 Blackie Burak, Esq. Burak & Berg 4 1320 Willow Pass Road, Suite 590 Concord, CA 94520 5 DATED: June 24, 1993 6 BURAK & BERG 7 8 by C IE BURAK 9 Attorneys for Claimant Michael Riley 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3-