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HomeMy WebLinkAboutMINUTES - 07242007 - C.27 CLAIM BOA11101 OF SUPERVI.SOiZS OF CONTRA COSTA COUNTY ` BOARD ACTION: i Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action, All Section references are to ) The copy of this document mailed to California Government Codes. you is your notice of the action taken gl fl on your claim by the Board of JUN 2 8 2007 Supervisors. (Paragraph IV below), given Pursuant to Government Code COUNTY COUNSEL Section 913 and 915.4. Please note all AMOUNT: 1300O,Coo NAARTiNEZCALIF, °°Warnings". CLAIMANT: K07 ATTORNEY: 1, 911NL0WN DATE RECEIVED: 'SUNS Ig r 1Ci�� ADDRESS: �1 'O' 3C� t2G� BY DELIVERY TO CLERK ON: ILWE 1c6, 2a)--T- pAK�`(r CA G45(o l , BY MAIL POSTMARKED: FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN CULLEN, Clerk Dated: "Su05—2k, 0=1i By: Deputy ow-tC cj Y1 Ak&.� I.I. FROM: County Counsel TO: Clerk of the Board of Supervisors (V KThis claim complies substantially. with Sections 910 and 9.10.2. ( ) Tris Claim FAILS to comply substantially with Sections 910 and 910.2, and we ar'e so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should retum,claim on ground that it was filed late and send warping of clairrrarlt's right to apply for leave to present a late claim (Section 911.3). ( ) Other- Date-d: -7 By: /4?1, Deputy County Counsel lit. FROM.: Clerk of the Board TO: County Counsel (1) County Administrator (2) O Claim was returned as untimely with notice to claimant (Section 911.3). (I.V. ARD 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 Board's Order entered in its minutes for this date. Dated: . q�OAI.-iN CULLEN, CLERK, By Deputy Clerk WAR N (Gov. code section 913) Subject to certain exceptions,you have only six(6) months fivm.the date this notice was personalty served or deposited in the mail to file a court action on this chin.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 Additioial Warning See Reverse Side ofThis Notice. AFFIDAVIT OF M.AI.LING 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 Ntartinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: °fir � �JOiAN CULLEN, CLERK By eputy Clerk �8 This warning (foes not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief*such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive anti legal consultation is essential to understand all they ` separate limitations periods that'rria:y'*pply.,, The limitations period within which suit must )-I." ; �: .-beffiled may be shorter or longer depend i.ng..,.o.n:;,,r. P the nature of the claim. Consult the specific statutes and cases applicable to your particular-' claim. The County of Contra Costa does not waive any of its rights -under'Calif'ornia Tort Claims Act nor does it waive rights under the statutes of ` f limitations applicable to actions not subject to`= the California Tort Claims Act BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented not later than six months after the accrual of the cause.of action. A claim relating to any other,.cause of action shall be presented not later than one year after the accrual of the cause of action. (Gov. Code § 911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street. Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in: D. if the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. mommosommy Ono mono No-NN a so a mammon Exams at RE: Claim By: Reserved for Clerk's filing stamp W--e-st c6al n ur l( !� ;r�� � RECEIVED Against the County„� of Contra Costa or ) JUN 125 2007 District) CLERK BOARD OF SUPERVISORS (Fill in the name) ) CONTRA COSTA CO. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of Comm and.in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) Apr 2. W ere did the damage or injury occur? (Include city and county) ted- GGA Qn'-O-CO” a 3: How did the damage or injury occur? (Give full details; use extra paper if required) l illCrS D�de' �d A9 �,�, �ll�, �6# K-eGi -VC- (dec,d�d C 4.�� What particular act or omission on the part of kount� or district office s, servants, or employees caused the injury or damage,. G�,� `} ► e Ve rig . Ca %C� ah ve 5 What are the names of county or district officers, servants. or employees causing the damage car injury?M etl Ck S�t� �+ WG l �.. i . re � . 1}"1.1. 1., ''t:i��l..� e r 6. What damage or injuries do your claim resulted? (Give full extent of injuries or dama<ues claimed. Attach two estimates for auto damage.) 7. How was .the amount claimed above computed`? (Include 'the estimated amount of any P ective injury or damage.) 6 ,Jenj� f� e, ( 6G, fr In 1 CON,/',/'6 n�e. C<)hn. ( . 8. Names and addresses of w tnesses, doctors,and hospitals: 9. List the expenditures you made on account of this accident or injury:• DATE TIME AMOUNT ■■■■a a a a a a a a a a a awas aaaaMEN aaaaaaaaaaaaaaaoaaaaaaaaaaaaaaaaaaaa■■aaaaaaaa0aaaa0a0aaaar ,n ) Gov. Code Sec. 910.2.provides "The claim shall be )'signed by the claimant or by some.person.on his behalf." SEND NOTICES TO: (Attorney) ) Name and address of Attorney ) mar c� ` G--i"'� ) (Cl 'm is Signature) pi - ((Address) 9,d )PC"����� Telephone No. - �� ) Telephone No. ■■aaaaaaaaaaaaaaaaaaaaaaraaraaaaaaaaaaaaaaaaaaaaa-asaaaaaaaaaaaaaaaaaaaaaaaaa0aaaaaaar . PUBLIC RECORDS NOTICE: Please he advised that this claim form, or any claim filed with the County under the Tort Claims Act, is subject to public disclosure under the California Public Records Act. (Gov. Code: §§ .6500 et seq.) Furthermore, any attachments, addendums, or supplements attached to the claim form, including medical records, are also subject to public disclosure. ■■aa a aaraaaaaaa"MEN aaaaDamon aaaaaaaaoil aaaaaaaaaaaaaaaaamonsoon aaaaaaa■.aaason aaaaoaaal NOTICE: Section 72 (?f the Penal Code provides: Every person who.with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city, or district board or officer, authorized to allow or pay the same if genuine, anv false or fraudulent claim, bill, account voucher, or writing, is punishable either by imprisonment in the County•jail for a period of not rnore than one year; by a fine of not exceeding one thousand dollars ($1,000.00), or by both such imprisonment and:.fine, or by imprisonment in the state prison, by a fine of.not exceeding ien thousand dollars ($10,000), or by both such imprisonment and fine. CORRECTLD LurY CLAIM ?PLEAS E DESTROY HOARD OF SUPERVISORS OF CONIA COSTA P.REVi0L1S.ISSUE BOARD ACTION: Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to California Goverment Codes. ) you is your notice of the action taken CLAIM AGAINST STEPHEN TANABE //-157.6- on your claim by the Board of 'Supervisors. (Paragraph IV below), given Pursuant to Government Code AMOUNT:$IO UVO JUN ?, 2007 LS'ection 913 and 915.4. Please note all "Warnings". CLAIMANT: ' cy, P• CO�UNTTY INEZ CO U!L FL T-98778 ATTORNEY: UNKNOWN DATE RECEIVED: ADDRESS: C(_)LLa S 1, 'D,ky R'RTW.BY DELIVERY TO CLERK ON: TQ0- 'It , �pC1-fi 1_k-1 I VCZ' D-14 BY MAIL POSTMARKED: �-UIo�_ F4I Y-)T- FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. .TUNE 21, 2007 JOHN CULLEN, Clerk Dated: By: Deputy I-`. A,9-A h_G, 11. FROM.: County-Counsel TO: Clerk of the Board of Supervisors ( Tliis 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 retum 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). O Other: Dated: �'�a By: Deputy(County Counsel Ill.. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). (I.V. ARD 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 Board's Order entered in its minutes for this date. i Dated: JAO;�OHN CULLEN, CLERK, By eputy Clerk WAIZ^WGov. code section 913) Subject to certain exceptions,you have only six(6) months Wom the date this notice was personally served or deposited in the mail to file a covet action on this c4ain►.See Government Code Section 945.6.You may seek the advice of an attorney of your choice in connection with this matter. Ifyou want to consult an attorney,you should do so immediately. *For Additimal Warring 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 1llartinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: -:93 ,fjW,1_j .JOHN CULLEN, CLERK By Deputy Clerk This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as. mandamus or injunction, or Federal Civil Rights claims. The above.list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult tbe.specitic statutes and cases applicable to your parficular Claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act • ,.r%J','iii.. '` � 1.`�. . .:kik { BOARD OF SUPERN7ISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented not later than six months after. the accrual of the cause of action. A claim relating to any other cause of action shall be presented not later than one year after the accrual of the cause of action. (Gov. Code § 911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate'claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. RE: Claim By: Reserved for Clerk's filing stamp RECEIVED 40 Coc))�=z ST 04 14UN7_0 Against the County of Contra Costa or. ) JUN 2 .1 2001 T 1�i"�/i[ e 9 (4%f bT�'Va ;e District) CLERK BOAFID OF SUPERVISORS �— (Fill in the name) } CONTRACOSIACO. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) 4- 2. Where did the damage or injury occur? (Include city and county) mw V wtr-V 0 LAM 7U,_ 00 VA. 3. How did the dam�a�ge Ror injury occur? (Give full details; use extra paper if required) 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? 5 What are the names of county or district officers, servants, or employees causing the damage or injury? L y vs \/72r CT 0 ftz:�:- . q-1 b 7 MA o�� � � 6.• What damage or injuries do your claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) CVA[LU r-Tpie13 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) 8. Names and addresses of witnesses, doctors,and hospitals: QUO LT C —0/. AMD L010-70E.-OK tom W � � ��.� 1 � �� 9. List the expenditures you made on account of this accident or injury: DATE TIIyIE AMOUNT ■.........................aa0mamannas■ilNosoon NEURONE won awas laws Noun aaaanaooaKNEES aNEI Gov. Code Sec. 910.2 provides"The claim shall be signed by the claimant or by some person on his behalf." SEND NOTICES TO: (Attorney) io� Name and address of Attorney O-L (Claimant's Signature) > �0OT—eZ% (Address)' Telephone No. )Telephone No. - a a Boom a a ONE Noss as MEMO soon ME am on on n o a a a a a a a won a o a a a a a a s■■EIRE a o s o a a o n s n a Sam ONO a man am NON l PUBLIC RECORDS NOTICE: Please be advised that this claim form, or any claim filed with the County under the Tort Claims Act, is subject to public disclosure under the California Public Records Act. (Gov. Code, §§ 6500 et seq.) Furthermore, any attachments, addendums, or supplements attached to the claim form, including medical records, are also subject to public disclosure. amain Dam ao■s■■oneso■■oss■■0noun aoa■■■■■■n■■■■■■■■moonmuumuu offal NOTICE: Section 72 of the Penal Code provides: Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city, or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account voucher, or writing, is punishable either by imprisonment in the County jail for a period of not more than one year, by a fine of not exceeding one thousand dollars ($1,000.00), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000), or by both such imprisonment and fine.. -AL:ZUR -p-OL-SAA CM!� ioUrt sl� f ( M ; 1 INCz TLM, I Olo 'O Of�� � i=T LST T AAA Ns- T, ac n)l�� Jn P-TV& '�AJOWC-r- (fLft&A 5 . ��- xwo d t`i -tOWT�-T �-� 3ft P LA SAA-A 0 U I\J 7: &S- Y\-G.C� :RO-� Mlt� 717P= S q- TT- U :6061 .9 pl-L—AS& 7LL- STAMO -ED r' kl ct {' G � Tqn-L DXV �IAk) '17 11-kn u T S r MOM, flP -SM cb • ------------- (57 ----------- f j N/ MAC <711 w 4�1 LA CDAI ku N Yv --------- ..... 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Eyes Z2.HL 23.WL 24.AKA!Malden Name 25.Social Security No, 26.Further Description(Scars.Tattoos.Mannerisms,Clothing,Etc:) 27.Booking or Cite No. 28. ❑ IvIc ❑WIT ❑MSP O RUN ❑SUS ❑LEAD ❑Other 29.Name(L F.t,) 30.Race/Sex/Ane 31.QDB 32.Dr Ver License No _1 iu rte 5. C�� � - -= 33.AddressC (Zip Code) 34.Home Phone -/o II b20 �" kf. Rert.2a(6 MfrfI` AW-3-(. ) 35.Employed W or Sc ool 36.Work Phone ( ) 9S~l - s�3 � 37.Heir 38.Eyes 39.Ht40.Wt 41,A /Malden Name 42.Snclal Security No. 43.Further Description(Scars,Tattoos,Mannerisms,Clothing,Etc,) 44.Booking or Cite No. 45. 0 PRI O VIC ❑WIT ❑MSP D RUN X SUS ❑LEAD 001her 46.Name(L,F.M) /t7� 47. e I Sex Age 48.DOB / 49.Driver License No. e tri W WI Z -OS b O 1 Z 4-Io 5n Arieroce (Zip Code) 51.Home Phone 52.Employed By or School I 53.Work Phone 54(�Hyai/{J,� 55.Eyes 56.Ht57�./Wt. 58.AKA I Malden Name 599..Social Security No. I�RXJ t tr .W CIL'.Fw t:-ar Description(Scars,Tattoos,Mannerisms,Cl thing,Etc.) 61.Booking r Cil No. k1ek 37,_ leg kvAl-w 62.Veh/Ves 63.Lic.Me.(State) 64.Year 55.Make 166.Modei 67,Body Style 63.Color Top S (D Vict Bottom 69.Status 70.Reg)siared Owner 71.R.O.Address ❑Lett []Impound 72.Towed to or Released to 73.N'ho has keys? Stored 74.Evid ❑Yes 75.F/P I]Yes 76.Dispo of Evidence 7T.S Missing T7� No No 79.Brief Synopsis of Incident �A^ Cr� (1) 1l 3 ► � \O yVY-Li �'^'t a" (3) lr C�b��Q me./-. V', S a4-�p-, c C'- 6'o. (4) ,'� w i -cf c - (5) �Y./ CNS e a V\0t �c�jr Vg-!rCLJ t i aftt t w`Z "1 '+P'- 17> �f C`�U �.. / d ;{1�.�` l C17� Iii' G�I „r B0.Distribution 61,Additional Routing ❑B ❑C ❑DA ❑DE [{L ❑O ❑SR [DV ❑Investigation ❑Vice ❑Narcotics [IJuv E]Coroner 82.Reporting Deputy{Print 83.Date/Time Wrlrten 84.Dispo. Property Ck. AG5 C mteu. []R.o. ❑SHG Cj t b 6 3-( - 0 -Z0(a ❑Palrol Caplain ❑Corrpl.Otc. G Marine Palrol C DV Unil 85. rn9 SW v(Print) 86. upv.No. 8.Date 86 Page r Other Z'LJ Lot FORM A (Rev.5!97) QFace Page CON' COSTA COUNTY SHERIFF'S DEPARTM' CA0070000 Bear_�� (Reonitnuation P.O. Box 391, Martinez, California 94553-0039 OD.V. [lHRO OArresl 0 Supplemental 1. OR Na _ 2.City Code J.Crime/ la f /J 4.Detail t -�5. More CD Ci pV/t'X�J 2 Persons 6. Day r Date/Time of Occurrence 7.D le I Time Reported 8.Employee No. 0 9.Reclassi- 10.Address/Location of Occurrence fication n 11. PRi 0 V)G WIT ❑MSP ❑R'JN ❑SUS r]LEAD r 72.Name fL.F,M) 113. Race/Sex/Age 14.00135.Driver License No. 153 1, V �sz � '7t6ZZ' I -� 16.Address (Zip Code; 17.Home Phone ( 1 18 Employed By or School 19.Work Phi srh► Co uv s �-��,F c�-t2� ) 33 S- q 69 o--- 2D.Hair 21.Eyes 122-Ht 23.WL 24.AKA/Maiden Name 25.Socia: Security No. 26.Further Descnplion(Scars.Tattoos,Mannerisms.Clothing,Etc.) 27.Booking at Cite No. 28. C PRI I]VIC ❑WIT ❑MSP 0 RUN ❑SUS ❑LEAD 0 Other 29.Name(L.F.M) 30,Race I Sex I Age 31.DOB 32.Driver License No. 33.Address (Zip Code) 34.Home phone ( ) 35.Employed By or School 36.Work Phoria ( 1 37.Heir 38.Eyes 39.Hl. 40.WL 41.AKA r Maiden Name 42.Social Security No. 43.Further Description(Scars,Tattoos,Mannerisms,Clothing,Etc.) 44.Booking or Cite No, 45. 0 PRI CIVIC 0 WIT ❑MSP 0 RUN L7 SUS ❑LEAD 001her 46.Name(L,F.M) 47.Race/Sex/Age 48.DOB 149 Driver License No. r 50.Address (Zip Code) 51.Home Phone ( 1 52 Employed By or School 53.Work Phone 54.Hair 55.Eyes 56,Ht. 57,WL 58.AKA/Malden Name 59.Socia) Security No. 60.Further Descnptier,($cars,Tattoos,fv ennerisms,Clothing,Etc_) 61. Booking or Cite No. 62.Vsh/Ves 63.Lic.No.(State) 64.Year 65.Make 66.Model67.Body Style 63.Color Top OS 0 Vict Bottom 69.Status 70.Registered Owner 71.R.O.Address ❑Left Impound 72.Towed to or Released to 73.Who has keys? Stored 74.Evid Dyes 75.F/P Dyes 76.Dispo of Evidence 77,$Missing 78.S Damegod No No 79.Briel Synopsis of Incident (1) (2) (3) (4) (5) (6) (T) 80_Disirlbutiorr 8',Additional Routing lJB OC -DA [DDE OL 00 []SR OV ❑Investigation 0 Vice []Narcotics 0 Juv [:]Coroner 82.Reporting Depyty(PrinB3.Cale/Tims Witten 84.Dispo. n Property Ck. 0 Acs ❑Intel!. E]R.O. O SHC / I U 3 -(('(-d 7 2d 1 Z '� 0 Patrol Captain 0 Gumpl.Ua. 0 Marine Patrol 0 DV Unit 65.Approvi v. Print) 86.Supv.No. 87.Date 86.Page Other I 2 of FORM A (Rev.51971 IV Cont9nuation CONTRA,C--OSTA COUNTY SHERIFF'S DEPARTMENT,CA0070000 mat CT P.O. Box 391, Martinez, CA 94553-0038 ❑Suop!emental ❑HRO ❑Arrest ❑S.!. - 1.DR No. 2.City Code 3 Crime I Classification n Dom^ 4 Detail 1. O 5.Reclassi- CRT —g-r SJt,VV l 2 -16 ficaGon 6.Victim Name(L,F,M) YYJJ i� p 7.Date Orig.Report B.Employee No. �] 0 U i�/l 5 031)0,ZzV7 (.5-77. 9.Address/Locatio.n of Occ rice 10.Suspects Name(L,"' 6w ��* gw. rA (� i 11.Property Description: Impounded,Recovered,Found,Losl,Stolen-Item Number,Article,Quantity,Brand/Make/Manutac-tures s Model Number,Serial Number,Miscellaneous Descilpllon.Location VOL re-1aken,Value, Inc:ltrde Tnta1 I nsc•I IST IN FCN I OWINC,C)RDPR-M Cur—,.v Nn=ac R1,level,'C`nlnthinn Furs'r1)Vshir•.Inr; P.CHfinw Foirinmit&n Radio Ns vtr. GI FirParmc HI 1-1—sehnlr.'GoorW 11 rdicn Rrarnvereri P—M%C 11 Nana'—I.1--f—ente d 3- _C) eC -3f Gk)V--f� � w&(, '0;r -moi ' L 22 &f-i on rraqf 4fye-c, . cerzN' Siv,r ('�N ✓ -rrl r Shy rN .eoz K10 1 011/L rti J a f6 wjf &I Cl COL b a& rY164- AiW PC tb 4 - a At �S i t ./+• P RGYJ, ty co-old I UWdjWrAnd. , I �&k SM IkOW I W O-S n�urA Q9 'fr�IV c �. Wt .0 0 SEQ016A UK ' vvV' r s G UVz k I'l/I ��s` �� 1•yte-., �'O L'� t Y7 fcay ( y- 14. 14.Distribution 15.Additional Routing ❑13 ❑C El DA El D-. El i- 0 0 s ❑ ❑Investigation ❑Vice ❑Narcotics ❑Juvenile ❑Coroner 16.R�rting Deputy (Print) 17.Date/Time Wratten 1S.Dispo ElPropertyClerk ❑ACS ❑Int ❑ ❑ elligence R.O SHC (3,3/1' /!� zoalfS. ❑Patrol Captair. E3ComplaintOffice Eli �Marine Patrol 19.Aoprovr. (Print) 20.Supv.No. rl. 21.Date 22.22.Page ❑O'her \� 3 of �+ LM"P.tinuatron CONTRA CQSTA COUNTY SHERIFF'S DEPARTMENT CA0070000 9eai CT P.O. Box 391, Martinez, CA 94553-0039 ❑Supplemental ❑HRC ❑Arrest ❑S.I. 4.OF,No. 2.City Cooe S Clime 1 Classification 4.Derail �. —700 5.Reclassi- 0 - 6 � 06 CRT �{/ L4 2 fication 6.Victim Name(L,F,M) I 7.Date Ong.Report 8.Employee No. 13�a b� ► � ,� S v3/►Lc, 1-<o-7 9.Address/Location of Occ rrence �A 10.Suspect's Name(L F,M) • I V` YrG� mac/ 11.Property Description: ' impounded,Recovered,Found,':osL Stolen-Item Number,Article,Quantity,Brand/Make/Manutactureds Model Number,Serial Number,Miscellaneous Description,Location Where Taken,Value, InHurie'ntnl I I lc'T 1N F0!I OWIPK;r)RI)FRAl C;urranry NrfiPC'Rt.IP'an.',N'C:1 chthinn Furs.III Vwhirlw M(Nfir-w=nulmmnnt F1 Radin Wa wM.'GI Firaarms H�Wwm.hnld Gr,n:ic It Micr. t7 R—rvarnri Prnnnrry.rn .; luarraTivn:.ti`ratnnwnic - b 4q 9-- ovj v 011 tZ 0-S O v\\ Wfiv VV l dL �(f c- 4671 JO 1 I s a-p- SI-1- lM�n rs cd ,-- i Sinn t-6 LIS A i b3�5 k rs . s 64 J vv` t se3Gt r1^ 9 L Cs ._I ISep I t av i s k d-"— 1, - Q s b6olL 4�) iA o M- . As . J s 'Tu e,- - kfAj 14.Distribution15.Additional Routing ❑B ❑G ❑DA ❑DC ❑L ❑O ❑SR ❑ ❑Investigation ❑Vice ❑Narcotics ❑Juvenile ❑Coroner 16 RaC rting Deputy (P:int) 17.Dale rime Written 18.Disi�sppo.. ❑Property Clerk ❑ACS [:1 Intelligence F_]R.O. ❑SHG c� ` �i(��jt � 0 4 J l uj f , at Z� Hrs. el ❑Patrol Captair. ❑CoriplaintOEice ❑Marine Patrol 19 Apprvin�(Print) 20.Supv.No. 21.Date 22.Pace ❑Other of i Continuation CONTRA.0"ISTA COUNTY SHERIFF'S DEPARTMEW-CA0070000 Beat CT • I P.O. Box 391, Martinez,CA 94553-0039 ❑Suoplemena. ❑HRO ❑Arrest ❑S.I. 1.DR No. (1' / �� 2.City Codcrimes 10assincabon r 4.De /V� tail 1 (�j 5.Reclassi- 'iJ CRTe 3 od- � 1 2 ^ tication 6.Victim Name(L,F,M) 7.Date Drig.Report 8.Employee No. 9.Address/Location .Occurrence 10.SuspecPs Name(L,F.M) It5w (�G - Q - 1Zd✓t • Ze31(, !�-v+� N�Z C ��{,S'3 1.Property Description: Impounded,Recovered,Found,Lost Stolen-item Number,Article,Quantity,HrandlMa)teRtAanutadurer s Model Number,Serial Number,Miscellaneous Description,Location Wbere-Taken,Value, InHarlp.Intal I ncg-1 15rr IN Fl)::OWIM't'1Z7FR Al Ciurpnry Nntvc Rl.Ipwplry M C:Hhinr. Fuz fit Vwhirlat•Fl D fire.Fnninmrnt-F1 Radin 7Vc Or'C;1 Prparmc-H1 Pnij—holri C;nndc h Miv: 1•J Ra:nvrar>rr Pr—Ov S, 1' NarrAtivP..i Ctaf-nfC { OV-\ t^ �. � a . Irv", C4 4b A71MIVA4- ty-,-abw�� F L _ & � �t6 cyyq- T� l,c� � �I L' o� Cab AlM-s -16ww J-b [ insa e d?re.evF ej c4 a ('Uri . S dvk !?c�C9 \rrftl— r,reDom- -w�. ra '�tT t vl �' G, G� nIL c �5✓ JG�S G�b�Gr U�_ -�` (AJA-i :56Il r c i 1r1� Q i -� b614— aJ1' �s c�� �s I��s�-•cam � -� I 14.Distribution 15 Additional Routing 03 0 ODA ❑DE E3 El ❑SR ❑ ❑Juvenile ❑Coroner 15.Reporting Deputy (P.-int) 17.Date.Time Written 16.Dispo. ❑Investigation El vi- ❑IJarcotics / �j' ❑Property Clerk LJ ACS ❑Intellioence ❑R.O. ❑SHC S t��/ ���r�`O?at 7j(C3 Hrs. , Y� ❑Patrol Captain ❑Complaint Office ❑Marine Patrol 19.A. Supv. (Print) 20.Supv.No. Zi Dafe 22.Page ❑Other -- cf L,ConCnuaton CONTRA CQ.STA COUNTY SHERIFF'S DEPARTMENT CA0070000 CT Seat P.Q. Box 391, Martinez, CA 94553-0039 Supplemental ❑HRO ❑ARest S.I. 'r.bR�Njo. r]{� 1 2.Cipty Cade 3 Crime I C1 btm 4 Delafl S. 0r O 5 Redassi- O 6 V �V/ Ct1T _ \.��+/'C/,. � GrV�/ _ 2. TC 1ficehor, 6.V?ame(L,F,Mk f T.Dale�g.�pon. S.Employee ND j] RA 1 9.Address!Location of an . 10.Sys cYs Name /0 �1W V n 5a orb f'Ia2�irLrz C�9(es3 3 SP�i� tt Property Descriation: Impounded,Recovered,Found,Last SltAern-item Number,Article,Ouantlty,6rand/MekeWanulacturets Modal Number,Serial Number,Mlsceranecus Onscrlpbon,Location Where Taken,Value, Inrludw Tn1Rl I MI-I iN F-01 I C)WING r)Rf)FR-Al Cu"..nry Nrdr.%-Rl A"alry C:1 Cirdhinn Rim-.01 Vwhh1m,R Offim Fniiinmwnt P1 Radir.TVc ntr.,111 Mirnamn-W Hnn.c.KnH Gnrrlc 11 Mi... 17 QorrlVRnlfr bfnMflV R 1 i Narrwfivw!FtatAmwnlc I o Kes, WA-5 A-S5+G*1 ECJ A ti 69M�_i4 secu12 �� �� �U�6 - z►4� `. � I �� e��� sM I c . ,v �2 b ryL )S�u i v �o2t ivU e 7u►2�-�S—I� �c�3-- �c'C��Y�r�V --- - h - . o bSeyuen e 2 'Sm � t c kv ke'CA-m ' 11�—s'IZA ,4 A-� �TU — �v Ike►,.. (S' AeApeo 1,-)&4,e � )� L S �V12 u\j tLp F 14.Distribution 15.Additional RoWng QB ❑C ❑DA LJ DE D LJ SR Investigation ❑CCVVi�ice G Narcotics ❑Juvenre ❑Coroner 16.Reporting Depyly {Print) f/ !l a 17.Date/T r/Aime Written Gmpeny Clerk 1 ACS [I Inlelligmce ❑R.O. ❑ C VSH • 51"s 7( v 2 z— 3 t/OOv f Hr . Patrol Cnpmin ❑Compieirt Cff+ct: ❑Marine Patrol 11?t]p..,Supvr(Piat(7� 20. upi.No. 2 1.Oafs Z2.Page 0.Other ----- /f 13-6j'o') ! �f CONTRA COSTA DETENTION FACILITIES Incident Report Incident Information: Entry Dt/Tm: 06-08-2007 1555 Entered By: JENGL, ENGLAND Updated By: 71794 ,PERRY Supplement: On June 8, 2007, 1 was assigned to D Module with my partner Deputy Perry. At around 1200 hours, I had just returned from lunch. Deputy Perry advised me that when I was out to lunch, I-Smith (BK 2006019202)was sliding magazines from underneath his door to underneath I-Minors door, Aggravating I-Minor. Deputy Perry told me that he had warned I-Smith twice by the time I arrived back to the module. At that time Deputy Perry and I went to I-Smith's room (cell# 14) to remove him from his cell and place him in a visiting room for disobeying Deputy Perry's order and to prevent him from causing further disruption to the module. Once we got to I-Smith's room I saw I-Smith lying-on his bed with a towel covering his face. At that time Deputy Perry told I-Smith to stand up so that he could be placed into handcuffs. I-Smith ignored Deputy Perry's order to stand up and prepare for transport. Deputy Perry then physically removed the towel off of I-Smith and again told him to stand up so that he could be handcuffed. I-Smith then stood up saying "This is fucking bullshit, you motherfuckers are going to the US. District court." Deputy Perry then told I-Smith to place his hands behind his back and to face forward. I-Smith placed both hands behind his back and continued to state that he was going to sue us and take us to the District Court. Deputy Perry then placed a handcuff on I-Smith's right arm. As Deputy Perry started to grab I-Smith's left arm, I-Smith began looking back towards Deputy Perry and began cursing at Deputy Perry. Deputy Perry told I-Smith to continue to look forward so that he could be handcuffed and transported to a visiting room. I-Smith continued to look back towards Deputy Perry and did not listen to his commands. Deputy Perry repeated his command for I-Smith to face forward and stop turning his head toward him. I-Smith continued.to ignore Deputy Perry's commands. I immediately grabbed I-Smith's left arm and helped Deputy Perry place handcuffs on I-Smith. Once-I-Smith was handcuffed, we informed I-Smith that he was going to a visit room and that he needed to cooperate. I-Smith continued to yell profanities and again stated that he was going to sue us. Due to I-Smith's erratic behavior, Deputy Perry placed I-Smith's left arm in a rear wristlock and began escorting I-Smith into a visit room. As Deputy Perry exited the cell, I-Smith began stating "Fuck You" and pushed Deputy Perry with his shoulder causing Deputy Perry to lose control and to hit the wall. I immediately tried to place I-Smith's right arm into a rear wristlock. I-Smith had both fist clinched, making it impossible for me to complete a rear wristlock. Deputy Perry then forced I-Smith to the wall and told I-Smith to cooperate. I-Smith again stated, "Fuck you guys, you won't get away with this." I pried I-Smith's right fist and finally got I-Smith's right arm into a rear wristlock. Deputy Perry then regained control of I-Smith's left arm and placed it into a rear wristlock. I advised I-Smith that he was going to the visit room and that he needed to remain calm. I-Smith stated, "Fuck you, you won't get away with this."At this time Deputy Perry and myself began escorting ]-Smith to a visit room. About half way to the visit room, I-Smith stopped and began pushing backwards, nearly causing us to fall. Deputy Perry and myself lost control of our rear wristlocks. Deputy Perry preformed a leg sweep and I regained control of I-Smith's right arm while he was falling to the ground. I-Smith fell to the ground and again stated; "You guys wanted this huh, Fuck you guys." I then saw that I=Smith's forehead was bleeding. Deputy Perry immediately had Deputy Zaiser call a nurse. I advised I-Smith that he was going to have to see the nurse and that he needed to remain calm in order for the nurse to see him. I-Smith just continued to state that he was going to sue us. While I-Smith was on the ground he repeatedly tried to smear blood from his wound onto my boot. Deputy Perry informed me that I-Smith was trying to smear blood on my boot and I moved it away from I-Smith's head. At this point Deputy Perry noticed that the handcuffs appeared to have become too tight in the struggle with I-Smith. Deputy Perry ordered I-Smith to remain calm while he loosened the handcuffs, double locked them and checked for proper fit. Nurses Marytese and Fatmata arrived on the module and examined I-Smith. Both Nurses stated that I-Smith needed to be transported to CCCRMC for stitches to the forehead. I-Smith had about an inch laceration on his forehead. Deputy Perry sustained a 2-inch abrasion with bruising on his right arm. Sgt. Evans arrived on the module and took photographs of I-Smith's injury, Deputy Perry's injury and the pool of blood on the ground from the initial fall. Facility: 1 Page 5 of 6 Printed: 06-12-2007 2008 5271 MAIN Printed By:61961. SHIELDS i CONTRA COSTA DETENTION FACILITIES Incident Report Incident Information: Entry DVTm: 06-08-2007 1549 Entered By: 71794 , PERRY Updated By: 71794 ,PERRY SYNOPSIS: Inmate became combative during transport to a visit room. Inmate taken to ground. Sgt. Evans notified. NARRATIVE: On June 8, 2007 1 was assigned to D module with my partner Deputy England (7161.2). D module is the administrative segregation unit in the Martinez Detention Facility. Inmates are housed on D module when they are classified as either too violent, or too disruptive for general population. At approximately 1145 hrs I-Smith, Rick (booking#2006019202) pressed the call button in his cell and asked me if he could slide a magazine under his door and into the cell of I-Minor, James (booking#2007002695). 1 told I-Smith that he could not pass a magazine to I-Minor because I-Minor had already torn up a magazine earlier in the day and thrown the torn pages under his cell door and made a large mess on the module floor. Approximately 5 minutes later, I-Smith pressed his cell call button again and told me that he had passed a magazine under the door of]-Minor. I told I-Smith not to pass any more magazines to I-Minor. I-Smith said, "I know what fucking.games you are playing. If you aren't going to turn down the t.v., I don't care what the fuck you say." At this point, I-Minor was already becoming disruptive by shouting obscenities from his cell and I was concerned that I-Smith's and I-Minor's disruptive behavior was going to cause other inmates on the module to become disruptive. It is common for other inmates on D module to become disruptive as a result of an inmate that is being verbally abusive towards the deputies. Deputy Zaiser(70044) remained in the control booth while Deputy England and I immediately went to I-Smith's room to remove him from his cell and place him into a visit room as a result of his insubordination and to prevent him from further disrupting the module. As we entered I-Smith's cell, I-Smith was laying on his bunk with a towel covering his head. I ordered I-Smith to stand up and "cuff up". [-Smith was not responsive to my order. I removed the towel from I-Smith's head and repeated my order to cuff up. I-Smith stood up, turned around and presented his hands for me to place the handcuffs on them. As I secured the handcuffs on I-Smith's right hand, he started turning his head toward me and said, "This is bull shit. I'm taking you to the U.S. district court." I ordered I-Smith to turn around and face forward. I-Smith ignored my command to face forward. I repeated my command to face forward and I-Smith once again refused to comply with my order. At that point, I reached up with my left hand and turned I-Smith's head away from me while Deputy England gained control of I-Smith's left arm. I secured the handcuff on I-Smith's left hand and began escorting him from his cell. I was unable to double lock the handcuffs at this time because I-Smith was struggling and trying to free himself from my control hold. As I was exiting the cell with I-Smith, he forced himself backward, causing me to hit the wall of his cell and lose control of my grip on his left hand. I immediately forced I-Smith against the wall outside his cell and regained control of my grip on his left hand. Deputy England then placed I-Smith's right hand into a wrist lock. Deputy England then told I-Smith that he was going to be moved to a visit room and that he needed to calt!n down. I-Smith said, "Fuck you guys. You won't get away with this." Deputy England and I then began escorting I-Smith to the visit room. During transport, I-Smith continued to struggle and tried to break free of the control holds that Deputy England and I had on both of his wrists. As we were walking past the inmate phones, I-Smith pushed against me and tried to push me over the bench next to the phones. I.began to fall over the bench and lost control of my grip on I-Smith's left hand. In order to regain control of I-Smith, I performed a leg sweep takedown to [-Smith's left leg and forced him to the ground. Deputy England then regained control of I-Smith's right hand. I-Smith then said, "Fuck you guys. This is just what you wanted. Isn't it?" I then noticed that I-Smith had blood running from his forehead. I called Deputy Zaiser and had him request medical staff to respond to the module. While I-Smith was on the ground, I noticed that the handcuffs appeared to be too tight on his wrists. I ordered I-Smith to remain still while I loosened the handcuffs. I then double locked them and checked them for proper fit. Facility: 1 Page 2 of 6 Printed: 06-12-2007 2008 5271 MAIN Printed By: 61961,SHIELDS CONTRA COSTA DETENTION FACILITIES Incident Report I then noticed that kSmith was trying to smear blood from his wound onto Deputy England's boot. I told Deputy England-to move his boot away from I-Smith's head to avoid contamination. Deputy England and I then assisted I-Smith to his feet and placed him into a chair so that the medical staff could examine his injury. Nurse Maritess, Nurse Fatmata, and Nurse Mary responded to the module to evaluate I-Smith's injuries. The medical staff determined that I-Smith needed to be transported to CCCRMC for stitches to the laceration above his right eye. I-Smith had a laceration over his right eye that appeared to be approximately 1 inch in length. I suffered an abrasion approximately 2 inches in length with bruising on my right arm during the initial struggle in )-Smith's cell. I treated my injury with an alcohol swab to prevent contamination. Deputy Tycer transported I-Smith to CCCRMC to receive stitches on the laceration above his right eye. Refer to D.R. #07-15143 for further information and crime scene photos of the incident. [-Smith has a history of threatening MDF staff and disruptive conduct in this facility. Refer to the following incident reports: #3002082, #3003516, #4007106, #6005150, #6005454, #6005760, #6005911, #6007533, #7000577, #7001670, #7002578 Sgt Evans was notified and approved of all activity. Cc: Classification NFI Facility: 1 Page 3 of 6 Printed: 06-12-2007 2008 5271 MAIN Printed By:61961, SHIELDS I CONTRA COSTA DETENTION FACILITIES Incident Report Facility: 1 Page 4 of 6 Printed: 06-12-2007 2008 5271 MAIN Printed By:61961, SHIELDS • I CONTRA COSTA DETENTION FACILITIES Incident Report Deputy Tycer transported I-Smith to CCCRMC for medical treatment. Facility: 1 Page 6 of 6 Printed: 06-12-2007 2008 5271 MAIN Printed By:61961,SHIELDS DOES LIFE LACK MEANINGoesTOO MANY QUESTIONS...TOO FEW ANSWERS? VIM §gam We offer completely A FREE OF CHARGE and } without obli(ration, a series �° Series b i: t. All of simple Study Guides a =; study entitled, "The Word of Truth" through the mail, - ` Guides is• .r � ',:.;,�=. y giving God's plain answers to your questions. s+ A. that could Your Bible is your only F, make ccA textbook. (If you do not World of have a Bible, one will be trailed toy ou free of Difference" as lon charge R as supply b b 1 to YOU lasts.) ED Thousands have found peace ^ of mind as they are led step by ❑ Arabic ❑ Korean step into a saving relationship ❑ Armenian ❑ Kurdish with the Creator of the Universe. ❑ Bulgarian ❑ Norwegian ❑ Chinese ❑ Polish ❑ Yes, I would like to receive the . ❑ Danish ❑ Portuguese d Word of Truth Bible studies. � Ll Dutch ❑ Romanian ❑ English ❑ Russian °A ❑ Estonian ❑ Somoan Name ❑ Finnish ❑ Spanish Address LJ French L3 Swahili 3 ❑ German ❑ Swedish ❑ Greek ❑ Tagalog City State ❑ Hungarian ❑ Turkish ❑ Italian Zip a ❑ Japanese Check here if you have no Bible ❑ Feelfree to copy and distribute this flies: floA Hol ljIP v NOaldd Id1SOd ZEL 'ON 11Wd3d yM `91BPUOPlo! aidd OZ986 dM `a1rpuaPl0J 3E)VISOd sn pro sM'1d 'dem d as;unH SOt alsldsad '3Q'A- 9INIW HIIVd IH X3 MSN w CLAiNI BOARD OF SUPERVISORS 0i' CONTRA COSTA COUNTY Z e,. BOARD ACTION: Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endor5ernents, ). NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this docurnent mailed to California Government Codes. ) you is your notice of the action taken on your claim by the Board of cLf�i m5 h 6nj w W -TU2 qlA,6-fk.71622-Supervisors. (Paragraph IV below), rill -�g',iven Pursuant to Government Code AMOUNT: L01 CSU YSection 913 and 915.4. Please note all JUN 2 8 2007 41.' Warnings . CLAIMANT: t2(C-l1 l> �w�t�'ti COUNTY COUNSEL —T-- 4 —77?' MARTiNEZ CALF ATTORNEY: (JA)ILNOux) DATE RECEIVED: ADDRESS: f{0 ( C"9-•T ST. D-1q BY DELIVERY TO CLERK ON: R'A Q:l t tjc:L t cft q ci51ij - BY MAIL POSTMARKED: L4 (R.�jf FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN CULLEN, Clerk Dated: r7UiyG� 2t . 7U By: Deputyr% � - I.I. FROM; County Counsel TO: Clerk of the Board of Supervisors ( Tlris 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). ( ) Claire is not timely filed. Theberk should retu7i 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 91. 1.3). O Other: Dated: By: /� Deputy County Counsel 11.1. FROM.: Clerk of the Board TO: County Counsel (1) . County Administrator(2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). (I.V. ARD 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 Board's Order entered in its minutes for this date. Dated: OHN CULLEN, CLERK, By Deputy Clerk WAR (Gov. code section 913) Subject to certain exceptions,you have only six(6) months fi•our 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 attoiiiey,ypu should do so inurtediately. *l.+o.r Additional Wailing See Reverse Side ofThis Notice. AFFIDAVIT OF MAILING I declare 'under penalty of perjury that 1. 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 lWartinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: JOHN CULLEN, CLERK ByA�eputy Clerk This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific. eeliet'such as,mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that m!ay apply . The limitations period within which,shit must ' 6e: tiled may be shorter or longer depe6d'i°ing bAl the nature of the claim. Cons ultjheaspecitic, X ` statutes and cases applicable,to� your.-,particular,, �. claim. The County of Contra Costa does not waive any of its.rights under California Tort Claims Act nor does it waive rights under the statutes.of limitations applicable to actions not subject-to the California Tort Claims Act BOARD OF SUPERN71SORS OF CONTRA COSTA COUNTY . t_ INSTRUCTIONS TO CLAIMANT A. A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented not later than one year after the accrual of the cause of action. (Gov. Code § 911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the-District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See.penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. ■■�������r�r����������o����������r����������nu���r���r�����n���n�rsnamnnonman Wa RE: Claim By: Reserved for Clerk's filing stamp qW rot) 10 ST D-Iq VA PIN� Frc ER Against the County of Contra Costa or ) 7�'/ -� � � 2 5TNkS � �® 2 istrict) ISORS(Fill in the name) ) ^ The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of$ and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) 2. Where did the damage or injury occur? (Include city and county) 10 LID ST, ,4 T&A-,, C.o-47 3. How did the damage or injury occur? (Give full details; use extra paper if required) 04 4. What particular act or omission on the part of county or district officers, servants, or employees caused the.injury or damage? �-I L-A A(G Ie::)K� POL-5-Ug- WMTS 5 What are the names of county or district officers, servants, or employees causing the damage or injury? What damage or injuries do-your claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) 4 A 0g.G COQ 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) �� 0 ,� S. Names and addresses of witnesses,doctors, and hospitals: CAM ��' L � EOL 9. List the expenditures you made on account of this accident or injury: DATE TIME AMOUNT ■rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr.■rrrrrrrrrrrrrrrrrerrrrmrrrrrrrrrrrrrrrrrrrrrrrrrpal . Gov. Code Sec. 910.2 provides"The claim shall be signed by the claimant or by some person on his behalf." SEND NOTICES TO:� (Attorney) ) Name and address of Attorney ) �� (Claimant's Signature) (Address) 1 T%N6-:ea :. o - a Telephone No. )Telephone No. ■r r r r r r r r r r r■r MORENO r r r r r r r r r r r r r r r■.r r r r ED r r r r r r r r r r r r r r r■r r r r r r r r r No mass r r r r r r r r Mang PUBLIC RECORDS NOTICE: Please be advised that this claim form, or any claim filed with the County under the Tort Claims Act, is subject to public disclosure under the Califomia Public Records Act. (Gov. Code, §§ 6500 et seq.) Furthermore, any attachments, addendums, or supplements attached to the claim form, including medical records, are also subject to public disclosure. Bosom MEN as Noun NOREEN r r r r r r r NONE r r r r r r r r r no Now r r r r r r r r r r r r r r r r r\r r r r r r r r r r so r r r r ME want NOTICE: Section 72 of the Penal Code provides: Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city, or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account voucher, or writing, is punishable either by imprisonment in the County jail for a period of not more than one year, by a fine of not exceeding one thousand dollars ($1,000.00), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000), or by both such imprisonment and fine. C LA MI BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY • BOARD ACTION: ,2 07 Claim Against the County, or District Governed by the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT acid Board Action. All Section references are.to ) The copy of this document mailed to California Government Codes. K) `� ,� you is your notice of the action taken �� on your claim.by the Board of JUN 2 2 2007 Supervisors. (Paragraph IV below), given Pursuant to Government Code AMOUNT:'(11,Y1 Kan V1/n COUNT;YCOUN,EL Section 913 and 915.4. Please note all MARTINEZ CALIF. ° Warnings". CLAIMANT-. ' I C ander ATTORNEY: Sal.V0_*r& J� ' '.t.ui DATE RECEIVED: ADDRESS. SLt ( cJIOI BY DELIVERY TO CLERK ON:�, `OT v�J0 f CA 94S9b-64 BY .MAIL POSTMARKED: tl,)t 6hotoo FROM: Clerk of the Board of Supervisors T0: County Counsel Attached is a copy of the above-noted claim. JOHN CUL , Clerk. Dated:( W ►� ��. By: Deputy , If. FROM:; County Counsel TO: Clerk of the Board of Supervisors (VTIais 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: 71c -0 By: rDeputy County Counsel I11.. FROM: Clerk of the.Board TO: 'County Counsel(1) County Administrator (2) O Claim was returned as untimely with notice to claimant (Section 911-3). I.V. BOARD ORDER: By unanimous vote of the Supervisors present: (Le' 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: JR{N CULLEN, CLERK, By Deputy Clerk WAR ov. code section 913) Subject to certain exceptions,you have-only six(6) months 11rom the date this notioe was personally served or deposited in the snail to file a court action on this claim.See Government.Code Section 945.6.You may seek the advioe of an attorney of your choice in connection with this matter. li'you want to consult an attorney,you should do so immediately. *For Additimal Warring See Reverse Side of'This Notice. AFFIDAVIT OF MAILING I. declare under penalty of perjury that I aur now, and at all times herein mentioned, have been a citizen of the United States, over age 1.8; and that today I deposited in the United States Postal Service in I\'tartinez, California, postage fully prepaid a certified copy 61' this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: — J01-iN CULLEN, CLERK By �:2i el)LItNi Clerk This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as. mandamus or injunction, or Federal Civil Rights claims. The above��list is not exhaustive and.legal consultation is essential to understand all the: separate limitations periods that may apply. The limitations period within which suit must .be tiled may be shorter or longer depending on the nature of the claim. Consult.the specific statutes and cases applicable to your par'ticular-" claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights cinder the statutes of � limitations applicable to actions not•subject to the California Tort Claims Act SALVATORE J. BELLIA ATTORNEY AT LAW RECEIVED 521 GEORGIA STREET R �! VALLEJO,CALIFORNIA 94590-6006 TELEPHONE:(707)644-4004 FACSIMILE: (707)644-7528 JUN 2 2 2007 email: Bellialaw@aol.com CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. June 19, 2007. CLERK OF THE BOARD OF SUPERVISORS COUNTY ADMINISTRATION BUILDING = 651 PINE STREET, ROOM 106 MARTINEZ CA 94553 CERTIFIED MAIL - RETURN RECEIPT REQUESTED Re: My Client: McBride Randall DOI: January 1, 2007 - Dear Sir or Madam: We.have been retained to represent McBride Randall in a claim for damages resulting from an automobile accident on January1, 2007 with a Contra Costa County vehicle. Enclosed is Ms. Randall's Contra Costa County Claim for Damages for submission to you, and a copy of the received claim retuned to me in the envelope provided. If you have any questions, please contact.me. Thank you for your anticipated attention. trui ts, S A J. BELLIA Pae atta , SJB:sI Enclosures: Claim for Damages w/copy SASE . I ECEV' CONTRA COSTA COUNTY CLAIM FOR DAMAGES JUN 2 2 2007 Claimant CLERIC BOARD Or SUPERVISORS CQIN1TNA COSTA CO. Name: McBride Randall Address: P O. Box 4130, Vallejo CA 94590 Telephone Number: (707) 751-0228 Date of Birth: October 28, 1960 1. Person to whom claimant desired notices to be sent if other than above: Salvatore J. Bellia, Esq. Telephone: (707) 644-4004 521 Georgia Street, Vallejo CA 94590 Fax: (707) 644-7528 2. Date, place, and time of occurrence or transaction which gives rise to this claim: Date: January 1, 2007 Time: 12:30 a.m. . Placer Ygnacio Valley Road-at intersection with Kirker Pass Road, Concord CA 3. Specify the particular act or omission and circumstances you believe caused injury and/or damage: The 2000 Chevrolet Blazer, License Plate Number 1028382, was owned by Contra Costa County. On information and belief Claimant contends that the key to the vehicle was negligently and carelessly left in the vehicle and/or in easy access to the driver of the vehicle, Cody E. Cooper on New Years Eve, December 30, 2006, under circumstances that a reasonably prudent person knew, or should have known, allowing the vehicle to be vulnerable to non-permissive use on an evening where intoxicants are customarily used to celebrate the Near Years Eve holiday. 4. Name of any employee of Contra Costa County you believe caused the injury, damage or loss: Employee's name is unknown at present. 5. Description of property damaged: Claimant's 2000 Kia Sportage, California License Plate Number 4LVT670, received major front end damage. 6, Owner of property damaged: McBride Randall Present location of damaged property: Vehicle has been salvaged. Location unknown. 7. Description of personal injury, if any: Neck, head, back and shoulder injuries, left knee injuries, pain and suffering and emotional distress. 8. Is there any other person with property damage or personal injury? No. 9. Names, addresses, and telephone numbers of witnesses, doctors, hospitals, etc.. Witnesses: 1) Claimant (see above info); 2) Cody Edward Cooper, 5440 Roundtree Court #C, Concord CA 94521, (510) 654-6880; 3) Roderick Nunes. 2125 Bluerock Circle, Concord CA, (925) 899-7194. i I i c Medical Providers: 1) John Muir Medical Center, 1601 Ygnacio Valley Road, Walnut Creek CA; 2) Kaiser Permanente Medical Center, 975 Sereno Drive, Vallejo CA 94589. 10. Amount claimed as damages with computation and supporting bills, receipts, or estimates of cost (please attach copies of documents to this claim). General damage forpain and suffering according to proof plus special damages, including medical bills from John Muir Medical Center in the amount of $1,261.75 and $2,543.50. Medical billings from Kaiser Permanente Medical Center have not been calculated at the present time. WARNING! IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM! (PENAL CODE SECTION 72; INSURANCE CODE SECTION 556) I have read the matters and statements made in the above claim and I know the same to be true of my own knowledge, except as to those matters stated upon information or belief, and as to such matters I believe the same to be true. I certify under penalty of perjury that the foregoing is true and correct. SIGNED THIS 20th DAY OF JUNE 2007 AT VA EJO, LIFORNIA SALVATO E J BELLIA Attorney for WBRIDE RANDALL, CLAIMANT s t CONTRA COSTA COUNTY CLAIM FOR DAMAGES Claimant Name: McBride Randall . Address: P O Box 4130, Vallejo CA 94590 Telephone Number: (707) 75170228 Date of Birth`. October 28, 1960 1. Person to whom claimant desired notices to be sent if other than above: Salvatore J: Bellia, Esq. Telephone: (707) 644-4004 521 Georgia Street, Vallejo CA 94590 Fax: (707). 644-7528 2. Date; place, and time of occurrence or transaction which gives rise to this claim: Date: January 1, 2007 Time: 12:30 a.m. Place: Ygnacio Valley Road at intersection with Kirker Pass Road, Concord CA 3. Specify the particular act or omission and circumstances you believe caused . injury and/or damage: The 2000 Chevrolet Blazer, License Plate Number 1028382, was owned by. Contra Costa County. On information and belief Claimant contends that the key to the vehicle was negligently and carelessly left in thevehicle and/or in easy access to the driver of the vehicle, Cody E. Cooper on New Years Eve, December 30, 2006, under circumstances that a reasonably . -prudent person knew, or should have known, allowing the vehicle to be vulnerable to non-permissive use on an evening where intoxicants are customarily used to celebrate the Near Years Eve holiday. 4. Name of any employee of Contra Costa County you believe caused the injury, damage or loss: Employee's name is unknown at present. 5. Description of property damaged: Claimant's 2000 Kia Sportage, California License Plate Number 4LVT670, received major front end damage. 6, Owner of property damaged: McBride Randall Present location of damaged property: Vehicle has been salvaged. Location unknown. 7. Description of personal injury, if any: Neck, head, back and shoulder injuries, left knee injuries, pain and suffering and emotional distress. 8. Is there any other person with-property.damage or personal injury?"No. 9. Names, addresses, and.telephone numbers of witnesses, doctors, hospitals, etc.: Witnesses: 1) Claimant (see above info); 2) Cody Edward Cooper, 5440 Roundtree Court#C, Concord CA 94521, (510) 654-6880; 3) Roderick Nunes. 2125 Bluerock Circle, Concord CA, (925).899-7194. I ' f a Medical Providers: 1) John Muir Medical Center, 1601 Ygnacio Valley Road, Walnut Creek CA; 2) Kaiser,Permanente Medical Center, 975 Sereno Drive, Vallejo CA 94589. 10. Amount claimed as damages with computation and supporting bills, receipts, or estimates of cost (please attach copies of documents to this claim). General damage for pain and suffering according to proof plus special damages, including medical bills from John Muir Medical Center in the amount of $1,261.75 and $2,543.50. Medical billings from Kaiser Permanente Medical Center have not been calculated at the present time. WARNING! IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM! (PENAL CODE SECTION 72; INSURANCE CODE SECTION 556) I have read the matters and statements made in the above claim and I know the same to be true of my own knowledge, except as to those matters stated upon information or belief, and as to such matters I believe the same to be true. I certify under penalty of perjury that the foregoing is true and correct. SIGNED THIS 20th DAY OF JUNE 2007 AT VA EJO, LIFORNIA SALVATO E J BELLIA - Attorney for cBRIDE RANDALL, CLAIMANT N � D p G• r Dm o �- O z t. p G) �rro 4 Z_ D >m cm 'D 4 m o cn n a ru e LU Ln j0 a cOff-- Ln Er m rnm -� o o -IC/) p 01 .ern u. rn = —+ G) to a.• rn 7�' •� �' I rn rn -----_ - . r' � 1 )I 4 — � i � M a I CLAiM BOA1.1D OF SUPERV1S011S OF CONTRA COSTA COUNTY BOARD ACTION: JULY 24, 2007 Clairn Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) 'NOTICE 'f0 CLAIMANT and .Board Action. All Section references are to ) The copy of this document mailed to California Government Codes. ) you is your notice of the action taken on your claim by the Board of upervisors. (Paragraph IV below), iven Pursuant to Government Code AMOUNT: $500,000. JUN 2 6 2007 ection 913 and 915.4. Please Mote all "Warnings".. COUNTY COUNSEL CLAIMANT: LEONARD GARCIA MARTINEZ CALIF. ATTORNEY: UNKNOWN DATE RECEIVED:, JUNE 26; 2007 ADDRESS: 162 ALGIERS DRIVE BY DELIVERY TO CLERK ON: JUNE 26, 2007 PACBECO, CA 94553 BY MAIL POSTMARKED: HAND DELIVERED FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of theabove-noted claim. JOHN CULLEN, C k Dated: JUNE 26, 2007 By: Deputy 11. FROM: 'County Counsel TO: Clerk of the Board of Su rvisors (v)f"'lliis 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 foi- 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 clan-pant's right to-apply for leave to present a late claim (Section 911.3). ( Other: �V__)2 C �a rl 126 hl lb -611) A/ CHP cod CC l Trans Dated: �`2- 0-7 Bv: /7*_7G Deputy County Counsel III. FROM.:. Clerk of the Board' TO: County Counsel (1) County Administrator (2) O Claim was returned as untimely with notice to claimant (Section 911.3). I.V. BOARD ORDER: By unanimous vote of the Supervisors present: (V.} This Claim is i-ejected.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: oe --2 W- N GULLEN, CLERK, By uty Clerk WAR Gov. code section 913) Subject to cettain 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 china.See Government Code Section 915.6.You may seek the advice of an attorney of your, choice in connection wide this matter. If'you .want to consult an attorney,yod should do so inurtetliately. *For Addilimal Wamhw,See itevelse Side ofTltis 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: /:�OH.N CULLEN, CLERK By )uty Clerk This warning does not apply to claims which . are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as. mandamus or injunction, or Federal Civil Rights claims. The above.list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be tiled may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its.rights cinder California Tort Claims Act y nor does it waive rights under the statutes of --limitations applicable to actions not subject to the California Tort Claims Act 06/26/2007 10:45 CONTRA COSTA COUNTY CLERK OF THE 4 97547183 NO.499 D01 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY �i INSTRUCTIONS TO CLkMANT A. A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented not later than one year after the accrual of the cause of action. (Gov. Cade.§ 911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 1.06, County Administration Building, 651 Pine Street, Martinez,CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud, See penalty for fraudulent claims,Penal Code Sec. 72 at the end of this form. •oofgases sages 6664roosone Ono agog@asoIto Iof*pages soasDamao,age 041 posses aa......a0WI RE: Claim By: Reserved for Clerk's filing stamp LEONARD GARCIA } RECE ED Against the County of Contra.Costa or ) JUN 2 6 2007 District) CLERK BOARD UP SUPERVISORS (Fill in the name) ) CONTRA COSTA CO. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of S 5 0 0, 0 0 0. and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) 12/27/06 1735 - 2. 7352. Where did the damage or injury occur? (Include city and.county) State Highway 4 and Railroad, Pittsburg, CA 3. How did the damage or injury occur? (Give full details; use extra paper if required) failure to protect: CHP failed to monitor decedent and. CALTRAADTS failed to install or construct barriers 4. Whit'pivticular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? CHP failed to subdue decedent and failed to return to decedent ' s vehicle in a time fashion. CAL Trans failed construct barriers 5 What are the names of county or district officers, servants,or employees causing the it damage or injury? Officer J. Godman #16339, State of California, Contra Costa Count II Cal Trans and CHP I I 06/26/2007 10:45 CONTRA COSTA COUNTY CLERK OF THE 4 97547183 NO.499 P02 I 6. What damage or injuries do your claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) i Wrongful death 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) still discoverying 8. Narnes and addresses of witnesses, doctors,and hospitals: See traffic collision report attached hereto 9. List the expenditures you made on account of this accident or injury: PATE TME AMOUNT ..........................0.../.....r.......•..........................,.........a me$ ) Gov. Code Sec. 910.2 provides"Me claim shall be )signed by the claimant or by some person on his behalf" SEND hLUCCS T0: (Attorney) ) Name and address of Attorney ) (Claimants Signature) 162 Algiers Drive, Pacheco, CA 94553 (Address) Telephone No. )TeIephone No. ( 9 2 5) 2 6 9_9 8 6 4 I swag sea g00%so*&$%off fog sea solossess**seem a as goo an a wassommemew Gooses news age 6 a So ali me got PUBLIC RECORDS NOTICE: I Please be advised that this claim form,or any claim filed with the County under the Tort Claims Act, is subject to public disclosure under the California Public Records AcG (Gov. Code, §9 6500 et seq.) Furthermore, any attachments, addendums,or supplements attached to the claim form, including medical records, are also subject to I public disclosure. ............/.....•.r...............seem.........ones.e.......i.............Owns.1141., NOTICE: Section 72 of the Penal Code provides: Every person who,with intent to defraud, presents for allowance or for payment to any state board or officer,or to any county, city, or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claire,bill, account voucher,or writing, is punishable either by imprisonment in the County jail for a i period of not more than one year, by a fine of not exceeding one thousand dollars ($1,000.00), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000),or by both such imprisonment and fine. 1 1 I i; STATE OF CALIFORNIA A TRAFFIC COLLISION REPORT ! `` CHP 555 CARS Page 1 (R6v 1-03)OPI 061 Page ) or 27 SPECIAL CONDITIONS 1 NWOER HIT(RUN CITY JUDICIAL DISTRICT LOCAL REPORT NUMBER FATAL a RED FELONY 0 r PITTSBURG DELTA I NUNER RRLEO UN YIA RUN 1gR N1T4R� COUNTY REPORTING DISTRICT BEAT 12-404 I I- -1 CONTRA COSTA 403 COLLISION OCCURRED ON: MO DAY YEAR TIME(2400) NCIC 9 OFFICER I.D. Z STATE ROUTE 4 12/272006 1735 9320 0105.12 OMILEPCST INFORMATION: DAY OF WEEK TOW AWAY PHOTOGRAPHS BY: NONE Q .75 MILE(S)WEST OF 4 COCO23.05 WEDNESDAY YES X :NO GG MATT U 0 !AT INTERSECTION WITH: STATE HWY REL K.GRIMES X OR. .75 MILE(S)WEST OF RAILROAD AVENUE X-YES NO PARTY DRIVER'S LICENSE NUMBER STATE I CLASS I AIR SAG SAFETY EQUIP. VEH YEAR MAKE/MODEL I COLOR LICENSE NUMBER STATE I N0731612 CA U 1) DRIVER NAMEIFIRS I.MIDDLE.LAST) I3I:I 1 Y 7..0I:COS I•ELLO OWNER'S NAME SAME AS DRIVER PEDES- STREETADDRESS TRIAN X 162 ALGERS DRIVE OWNER S ADDRESS SAME AS DRIVER PARK:-9 CITY ISTATE/ZIP VEH•CI.E PAC HECO CA 945-53 DISPOSITION OF VEHICLE ON ORDERS OF. OFFICER DRIVER OTHER BIC Y, $EX HAIR EYES HEIGHT WEIGHT BIRTHDATE RACE CLIST Mo Day Year F BRN BRN 15-02 160 9/1/1955 H PRIOR MECH DEFECTS NONE APP. REFER T O NARRATIVE OTHER HOME PnCNE BUSINESS PHONE VEHICLE IDENTIFICATION NUMBER' (925)969-9865 NONE VEHICLE TYPE DESCRIBE VEHICLE DAMAGE SHADE IN DAMAGED AREA INSURANCE CARRIER POLICY NUMBER 'LINK I INONE r .MINOR STATE FARM 081 4508 D26 05 MOD MAJOR DROLL-0VER I DIR OF TRAVEL ON STREET OR HIGHWAY SPEED LIMIT CA DOT N STATE ROUTE 4 65 CAL-T TCP•PSC MClAA7( PARTY DRIVERS LICENSE NUMBER STATE CLASS AIR BAG SAFETY EQUIP. VEH.YEAR MAKE/MODEL COLOR LICENSE NUMBER SThTE 65175965 C.4 C M G 2002 TOYOTA TACOMA SIL 6Z81150 CA DRIVER NAMEIFIRST.MIDDLE.LAST) PICKUP X ANTHONY DAVID LOPEZ OWNER'S NAME X SAME AS DRIVER PEDES- STREETACDRESS TRIAN 1243 HALE DRIVE OWNERS ADDRESS X SAME AS DRIVER PARKED CITY/STATE/ZIP VEVUCLE CONCORD CA. 94520 DISOCSITION OF VEHICLE ON ORDERS OF OFFICER DRIVER OTHER SICY- SEX HAIR EYES HEIGHT WEIGHT BIRTHDATE RACE (925)682-8122 CLIST MD Day rear Ah1ERICAN'fOW/PI'rISBURG PUl_ICE- M BRN BRN -08 180 1021/1976 H PRIOR MECHANICAL DEFECTS NONE APP. X REFERTONARRATIVE OTHER HOME PFCNE BUSINESS PHONE VEHICLE IDENTIFICATION NUMBER (9206854850 (925)497-1693 VEHICLE TYPE DESCRIBE VEHICLE DAMAGE SHADE IN DAMAGED AREA INSURANCE CARRIER POLICY NUMBER LINK NONE MINOR MERCURY INSURANCE AP05253182 2222 X MOD MAJOR ROLL-OVER 1 DIR OF TRAVEL ON STREET OR HIGHWAY SPEED LIMIT CA DOT JI W STATE ROUTE 4 65 CAL-T TCP/PSC MC/MX PARTY DRIVER'S LICENSE NUMBER STATE CLASS AIR BAG SAFETY EQUIP VEH.YEAR MAKE/MODEL/COLOR LICENSE NUMBER STATE 3 D9281 158 CA C M G 1997 ACURA INTEGRA GRN 4T'ZS303 CA DRIVER NAME(FIRST.MIDDLE.LAST) 2 DOOR X . PHONG JOHN ANHPHAM OWNER'S NAME SAME AS DRIVER PEDES- STREET ADDRESS - TRIAN 520 SHORE ROAD OWNER'S ADDRESS X SAME AS DRIVER PARKED CITY/STATE I ZIP VEHICLE BAY POINT CA 94565 DISPOSITION OF VEHICLE ON ORDERS OF: :X OFFICER DRIVER ,OTHER BUST SEX HAIR EYES HEIGHT WEIGHT BIRTHDATE RACE AMERICAN TOW/PITTSBURG POLICE-(925)682-8122 ... MD Day. Year M BLK BRN 5-03 120 8/25/1988 A PRIOR MECHANCIAL DEFECTS NONE APP. ;x REFER TO NARRATIVE OTHER HOME PHONE BUSINESS PHONE VEHICLE IDENTIFICATION NUMBER: (925)158-6267 (925)286-3428 DESCRIBE VEHICLE DAMAGE SHADE IN DAMAGED AREA VEHICLE TYPE INSURANCE CARRIERPOLICY NUMBER LINK (NONE :X ;MINOR AAA 5P 20 54 8 OI MOD !MAJOR IROLL-OVER _ DIR OF TRAVEL ON STREET OR HIGHWAYSPEED LIMIT CA DOT W STATE ROUTE 4 65 CAL.T TCP/PSC MClMX PREPARER'S NAME DISPATCH NOTIFIED. REVIEWER'S NAME DATE REVIEWED w K.A.GRIM1-S 010542 I ^ _► (�./_�I -A7 SIAIL 017 CALI�URNIA TRAFFIC COLLISION CODING CHP 555 CARS Paget(Rev. 1-03)OPI 061 Pago 2 of L� DATE OF COLLISION(MO. DAY YEAH: TIME(24OC) NCIC OF FICER I D. NUMBER 12/27/2006 1735 9320 010542 1'_-104 OWNER OWNER ADDRE55 NOTIFIED PROPERTY NONE YES NO DAMAGE DESCRIPTION OF DAMAGE SEATING POSITION SAFETY EQUIPMENT INATTENTION CODES OCCUPANTS L-AIR BAG DEPLOYED MIC BICYCLE-HELMET A-NONE IN VEHICLE M-AIR BAG NOT DEPLOYED DRIVER PASSENGER A-CELL PHONE HANDHELD Ail, B-CELL PHONE HANDSFREE B-UNKNOWN N-OTHER V-NO X-NO C-LAP BELT USED P-NOT REQUIRED W-YES Y-YES C-ELECTRONIC EQUIPMENT D-FiAD10 l CD 1 2 3 1-DRIVER D-LAP BELT NOT USED E-SMOKING 2 TO 6-PASSENGERS F--SHC.ULDER HARNESS USED CHILD RESTRAINTEJECTED FROM VEHICLE F-EATING 4 5 6 7_STA.WGN REAR F-SHOULDER HARNESS NOT USED Q-IN VEHICLE USED G-CHILDREN G-LAP/SHOULDER HARNESS USED 0-NOT EJECTED 8-RR.OCC TRK.OR VAN R-IN VEHICLE NOT USED H-ANIMALS H-LAP/SHOULDER HARNESS NOT USED 1-FULLY EJECTED 91 POSITION UNKNOWN S-IN VEHICLE USE UNKNOWN I- PERSONNEL HYGIENE 7 0-OTHER J-PASSIVE RESTRAINT USED T-IN VEHICLE IMPROPER USE 2-PARTIALLY EJECTED J- READING K-PASSIVE RESTRAINT NOT USED 3-UNKNOWN U-NONE IN VEHICLE K-OTHER ITEMS MARKED BELOW FOLLOWED BY AN ASTERISK I-)SHOULD BE EXPLAINED IN THE NARRATIVE. PRIMARY COLLISION FACTOR MOVEMENT PRECEDING LIST NUMBER(0)OF PAF'.-Y AT FAULT TRAFFIC CONTROL DEVICES ) j SPECIAL INFORMATION ) 7 COLLISION VC SECTION VIOLATED: CITED: YES A CONTROLS FUNCTIONING A HAZARDOUS MATERIAL I A STOPPED A 21954(A) X'JO B CONTROLS NOT FUNCTIONING- B CELL PHONE HANDHELD IN USE X Ix S PROCEEDING STRAIGHT B OTHER IMPROPER DRIVING' C CONTROLS OBSCURED C CELL PHONE HANDSFREE IN USE C RAN OFF ROAD X D NO CONTROLS PRESENT 1 FACTOR' X ID CELL PHONE NOT IN USE D MAKING RIGHT TURN C OTHER THAN DRIVER' TYPE OF COLLISION E SCHOOL BUS RELATED E MAKING LEFT TURN D UNKNOWN' A HEAD-ON F 75 FT MOTORTRUCK COMBO F MAKING U TURN B SIDE SWIPE G 32 FT TRAILER COMBO G BACKING C REAR END H H SLOVONG l STOPPING WEATHER (MARK 1 TO 2 ITEMS) D BROADSIDE I I PASSING OTHER VEHICLE X A CLEAR E HIT OBJECT J J CHANGING LANES B CLOUDY F OVERTURNED K K PARKING MANEUVER C RAINING X G VEHICLE!PEDESTRIAN L X I IL ENTERING TRAFFIC D SNOWING H OTHER'. M IM OTHER UNSAFE TURNING E FOG/VISio ILITY FT N N XING INTO OPPOSING LANE F OTHER.' MOTOR VEHICLE INVOLVED WITH O 10 PARKED G WIND A NON-COLLISION P P MERGING LIGHTING X B PEDESTRIAN U 10 TRAVELING WRONG WAY A DAYLIGHT C OTHER MOTOR VEHICLE OTHER ASSOCIATED FACTORS R OTHER': B DUSK-DAWN D MOTOR VEHICLE ON OTHER ROADWAY 1 7 (MARK 1 TO 2 ITEMS) C DARK-STREET LIGHTS E PARKED MOTOR VEHICLEA VC SECT V TED CITED-LYES X D DARK-NO STREET LIGHTS F TRAIN ~_NO E DARK-STREET LIGHTS NOT G BICYCLE B VC SECTION VIOLATED. CITED ^.YES FUNCTIONING' H ANIMAL: -'NG SOBRIETY-DRUG ROADWAY SURFACE PHYSICAL VC SECTION VIDUTED CITED X A DRY I FIXED OBJECT: NO C r-� 5 1 2 3 (MARK i TO2ITEMS) B WET D .. X X A HAD NOT BEEN DRINKING C SNOWY-ICY J OTHER OBJECT: I IE VISION OBSCUREMENT: X B HBD-UNDER INFLUENCE D SLIPPERY(MUDDY,OILY.ETC.) F INATTENTION': I IC HBO-NOT UNDER INFLUENCE' ROADWAY CONDITION(S) G STOP 8 GO TRAFFIC I ID HBO-IMPAIRMENT UNKNOWN' (MARK 1 TO 2 ITEMS) PEDESTRIAN'S ACTIONS H ENTERING I LEAVING RAMP E UNDER DRUG INFLUENCE' A HOLES,DEEP RUT' A NO PEDESTRIANS INVOLVED I PREVIOUS COLLISION F IMPAIRMENT-PHYSICAL' B LOOSE MATERIAL ON ROADWAY' B CROSSING IN CROSSWALK J UNFAMILIAR WITH ROAD G IMPAIRMENT NOT KNOWN C OBSTRUCTION ON ROADWAY' AT INTERSECTION K DEFECTIVE VEH.EQUIP.: CITED H NOT APPLICABLE D CONSTRUCTION-REPAIR ZONE C CROSSING IN CROSSWALK-NOTYES I SLEEPY I FATIGUED E REDUCED ROADWAY WIDTH AT INTERSECTION NO F FLOODED' D CROSSING-NOT IN CROSSWALK L UNINVOLVED VEHICLE G OTHER': X E IN ROAD-INCLUDES SHOULDER X M OTHER'. 647(F)PC X IH NO UNUSUAL CONDITIONS F NOT IN ROAD X X N NONE APPARENT G APPROACHING I LEAVING SCHOOL BUS O RUNAWAY VEHICLE SKETCH �L- L� // MISCELLANEOUS.40MT INDICATE NORTH Cu I� __19c CHP V-3 w3 J.; _ k.7 _DA PD/SO (401 y v z ( v_z P.1 ICT OTHER STATE OF CALIFORNIA INJURED/WITNESSES/PASSENGERS Pape 3 or 2� -CHP 555 CARS Page 3 Rev 1-03 OPI 061 DATE OF COLLISION(MO. DAY.YEAR) TIME(2400) NCIC# OFFICER I.D. NUMBER 12/27/2006 1735 9320 010542 12404 WITNESS PASSENGER EXTENT OF INJURY('X'ONE). INJURED WAS('X'ONE) PARn sEAr AIR SAFETY ONLY AGE SEX EJECTED ONLY FATAL SEVERE OTHER VISIBLE COMPLAINT NUMBER POS. BAG EOUIP. INJURY INJURY INJURY OF PAIN DRIVER PASS. PED. BICYCLIST OTHER 51 r xj x: 1 o P P 0 NAME ID.O.B./ADDRESS TELEPHONE BETTY ZOE COSTELLO (09/01/1955) 162 ALGE-RS DRIVE PACHECO CA 94553 (925)969-9865 (INJURED ONLY)TRANSPORTED BY: TAKEN TO. CONTRA COSTA CORONER'S OFFICE CONTRA COSTA CORONER'S OFFICE DESCRIBE INJURIES: FATAL IMIURIES DU-!--.1.0 BLUNT FORCE:TRAUMA CORONER'S REPORT NUMBER 06-2901. DR.B.I'ETERSON - VICTIM OF VIOLENT CRIME NOTIFIED X I Im NAME/D.O.B.I ADDRESS TELEPHONE OFFICER J.GODMAN 5001 BLUM ROAD MARTINEZ CA 94553 (925)646-1950 (INJURED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES: • r I VICTIM OF VIOLENT CRIME NOTIFIED - 30 F FT NAME!D.O.B.I ADDRESS . . TELEPHONE MARGARITA CARRILLO RAMOS (12/15/1976) 4848 STERLING HILLS DRIVE ANTIOCH CA 94531 (925)565-5958 (INJURED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES. VICTIM OF VIOLENT CRIME NOTIFIED '- X 3 127 1 M r NAME ID.O.B./ADDRESS TELEPHONE WILLIAM MCCLURG (12/13/1979) 5151 PORT CHICAGO HIGHWAY CONCORD CA 94520 (925)602-1300 (INJURED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES: VICTIM OF VIOLENT CRIME NOTIFIED # 4 -- 49 IM I L-i If �__X u __ NAME ID.0.B./ADDRESS TELEPHONE LEONARD GARCIA (11/19/1957) 162 ALGERS DRIVE PACHECO CA 94553 (925)969-9865 (INJURED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES: VICTIM OF VIOLENT CRIME NOTIFIED X 36 F. i... : NAME/D.0 B.iADDRESS TELEPHONE JILL REA-DILLING (06/05/1970) 739STONEBRIDGE WAY PLEASANT HILL CA 94523. (92514-97-0239 (INJURED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES: VICTIM OF VIOLENT CRIME NOTIFIED PREPARER'S NAME ID NUMBER MO DAY YEAR REVIEWER'S NAME MO DAY YEAR K.A.GR -1 (1)(1;.12 12n7i2"',?6 t. STATE OF CALIFORNIA INJURED/WITNESSES /PASSENGERS Page 4 of G5� CHP 555 CARS Page 3 Rev 1-03 OPI 061 DATE OF COLLISION(MO. DAY YEAR) TIME(24DO) NCIC# OFFICER I.D. NUMBER 12/27/2006 1735 9320 010542 12-404. WITNESS PASSENGER EXTENT OF INJURY('X'ONE) INJURED WAS('X'ONE) PARTY SEAT AIR SAFETY ONLY ONLY AGE .,EX EJECTED FATALSEVERE OTHER VISIBLE COMPLAINT NUMBER p05. BAG EQUIP. DRIER PASS. PED. BICYCLIST OTHER INJURY INJURY INJURY OF PAIN # 6 X. 49 F i....l i Fi El NAME/D.O.B./ADDRESS TELEPHONE KAREN ESQUIVEL (05/11/1957) 9450 VISTA OAKS ROAD#120 MARTINEZ CA 94553 (925)325-4981 (INJURED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES: VICTIM OF VIOLENT CRIME NOTIFIED I NAME/D.O.B /ADDRESS TELEPHONE (INJURED ONLY)TRANSPORTED BY. TAKEN TO DESCRIBE INJURIES: VICTIM OF VIOLEN i CRIME NOTIFIED NAME/D.O.B./ADDRESS TELEPHONE (INJURED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES: i VICTIM OF VIOLENT CRIME NOTIFIED # --T7 I I NAME/D.O.B./ADDRESS TELEPHONE (INJURED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES: VICTIM OF VIOLENT CRIME NOTIFIED NAME/D 0 B./ADDRESS TELEPHONE (INJURED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES: (�1 VICTIM OF VIOLENT CRIME NOTIFIED L Li NAME I D.O.B./ADORESS TELEPHONE (INJURED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES: VICTIM OF VIOLENT CRIME NOTIFIED PREPARER'S NAME I D.NUMBER M0. DAY YEAR REVIEWER'S NAME MO. DAY YEAR h. A.CRII\IFS STATE OF CALIFORNIA NARRATIVEISUPPLEMENTAL PAGE DATE OF INCIDENT TIME NCIC NUMBER OFFICER I.D NUMBER 12/27/2006 1735 9320 10542 12-404 . FACTS Notification On December 27,2006,at approximately 1800 hours,I had completed an assignment at American Tow in Concord when I overheard radio traffic of a major incident occurring on State Route 4 at Railroad Avenue,Pittsburg. Officer Mitchell, #10179,was closing State Route 4 in the westbound direction. I asked Officer Mitchell if he required any assistance at the scene. I responded from the Concord Area and arrived at the collision scene at approximately 1810 hours. Upon my arrival at the scene I observed an ambulance f nm American Medical Response(AMR)and three California flig way Patrol(CHP)vehicles blocking the westbound traffic lanes and protecting the scene. I observed a covered body in the#3 traffic lane. West of the body was a Toyota pickup against the center median guard rail and west of the Toyota was an Acura which was parked on the right shoulder. Captain Cahoon.410458,and Lieutermt Mulgrew,#13043,arrived at the collision scene and assumed Incident Command. All speeds and measurements are approximations Scene The scene of this collision was State Route 4,westbound,approximately .75 miles west of Railroad Avenue. State Route 4 at this location is an Asphalt Concrete (AC) roadway with four 12 foot wide traffic lanes in the westbound direction. The eastbound and westbound lanes are separated by a dirt center median and a metal guard rail. The westbound traffic lanes are separated from each other by raised ceramic Botts Dots. There is a painted yellow center line at the south edge of the westbound-iacies and a painted white edge line at the north edge of the westbound lanes. To the south of the westbound traffic lanes there is a 12 foot wide paved shoulder and south of.the shoulder is a 20 foot wide dirt center median. To the north of the westbound lanes there is a 10 foot wide paved shoulder and a concrete sound wall. The speed limit is posted at 65 mph. At the time of this collision it was dark and there are no street lights in the area Refer to factual diagram for additional information. Involved Parties Party#1,Betty Costello Deceased. P-1 (Betty Costello)was identified with a California Identification Card. Vehicle#2,Toyota Tacoma Vehicle 42 was located in the dirt center median of westbound State Route 4,west of the collision area, and against the metal guard rail. V-2 was facing in a westerly direction,upon CHP arrival. Vehicle#2 sustained moderate right front damage and moderate left front damage as a result of this collision. After inspection, no prior damage or defects were noted. PREPARER'S NAME I.D.NUMBER DATE RL-VIEWER'S NAME DATE K. Grimes 010542 01/15/2007 STATE OF CALIFORNIA NARRATIVEISUPPLEMENTAL PACE DATE OF INCIDENT TIME NC1C NUMBER OFFICER 1.0 NUMBER 12/27/2006 1735 9320 10542 12-404 Party#2,Anthonv Lopez P-2 (Anthony Lopez)was located inside his vehicle but went back to P-1 immediately after the collision and upon CHP arrival. P-2 was identified with his valid California Driver's License. P-2 was determined to be the driver of Vehicle #2 by his own statement and the observations of Officer Godman. P-2 was also the registered owner of Vehicle#2. Vehicle#3,Acura Integra Vehicle #3 was driven to the right shoulder of westbound State Route 4 west of the collision area. V-3 was facing in a westerly direction, upon CHP arrival. Vehicle#3 sustained minor damage to the left front of the vehicle as a result of this collision. After inspection, no prior damage or defects were noted. Partv 43,Phona Pham P-2 (Phong Pham) was located standing next to his Vehicle upon CHP arrival. P-3 was identified with his valid California Driver's License. P-3.was determined to be the driver of Vehicle 43 by his own statement. P-3 was the registered owner of Vehicle#3. Phvsical Evidence Skidmarks Vehicle#2 Right front — approximately 162.4 feet of tire friction mark on the asphalt and approximately 112.7 of tire furrow in the dirt center median. Left front — approximately 100.8 feet of tire friction mark on the asphalt and approximately 153.6 of tine furrow in the dirt center median. Left Rear—approximately 66.4 feet of tire friction mark on the asphalt. Vehicle#3 Approximately 12 fluid tire prints;each 1-1.5 feet in length. Debris and Fluids Backpack located in the#4 traffic lane west of P-1 Antenna from V-2 located between the#3 and#4 lane west of P-1. Miscellaneous paper and gift cards located about the collision scene approximately '/4 mile. Pools of blood—one 7.7 square feet. —one 32.7 square feet. Additional Physical Evidence None PREPARER'S NAME I.D.NUMBER DATE REVIEWER'S NAME DATE K. Grimes 010542 01/15/2007 STATE OF CALIFORNIA NARRATIVE/SUPPLEMENTAL PAGE 7 DATE OF INCIDENT TIME NCIC NUMBER OFFICER LD NUMBER 12/27/2006 1735 9320 10542 12-404 Additional Information P-1's (Betty Castello) privilege to drive shows to be currently suspended and revoked. P-1's license was suspended on 07/28/2005, authority 13353.2 CVC, excessive alcohol, Service"A", mailed not returned. P- I's license was revoked on 04/10/2006, authority 13352(a)(7) CVC, DUI or Drugs, Service"A",mailed not returned. P-I's license was also revoked on 04/10/2006,authority 13350(a)(2)CVC, Felony,motor vehicle involved, Service"A", mailed not returned. Inspector Moreland, of the Contra Costa County District Attorney's Office, attended the Autopsy of Betty Costello at the Contra Costa County Coroner's Office. The autopsy was performed by Dr. Brian Peterson, Forensic Pathologist, and documented in Coroner's report number 06-2901. The cause of death was determined to be blunt force trauma. As part of the autopsy a blood sample was sent to the Contra Costa Crime Lab for analysis. The blood sample revealed a Blood Alcohol Content of.27. During the preliminary examination of the body Dr. Peterson located a receipt in Costello's right rear pants 1. pocket. The receipt was from Nob Hill Foods, 520 Center Avenue, Martinez and was dated 12/27/2006 at 10:57 A.M. The receipt was for several food items and a bottle of Smimoff Vodka for a total of$15.99. Detective Deplitch of the Pittsburg Police Department submitted the receipt to Pittsburg Police evidence. PREPARER'S NAME I.D.NUMBER DATE REVIEWER'S NAME DATE K. Grmeo 010SA2 01/1S/2007 STATE OF CALIFORNIA NARRATIVEISUPPLEMENTAL PACE (2' DATI<OF INCIDENT TIME NCIC NUMBER OFFICER LD NUMBER 12/27/2006 1735 9320 10542 12-404 Emergency Personnel California Highway Patrol,Contra Costa Area Captain J. Cahoon,#10458 Lieutenant M. Mulgrew,#13043 Sergeant B. Myers,#10689 Sergeant D. Bartlett,#11719 Officer M. Mitchell, #10179 Officer K. Grimes, #10542 Officer S. Bouyea,#15028 Officer J.Joiner,#16094 Officer J. Godman,#16339 Officer S. Yos,#16394 Officer C. Glace, #17549 Officer K. Youngstrum,#18063 California Highway Patrol, Golden Gate M.A.I.T. Sergeant J. Blencowe,#15414 Officer K. Crocker,#12887 Officer B. Land,#13046 MCS E. Lewis, #A12790 Contra Costa District Attorney's Office Deputy District Attorney Bob Hole Deputy District Attorney Bill Clark Senior Inspector R. Hernandez Senior Inspector P.Mulligan Senior Inspector A.Lui Senior Inspector P. Peterson - Senior Inspector A.Moreland Senior Inspector M.D. Wasteney Pittsburg Police Department Detective K. Sullivan Detective A. Deplitch Detective P. Folena American Medical Response Paramedic W. McClurglurg E.M.T. J. Reid PREPARER'S NAME I.D.NUMBER DATE REVIEWER'S NAME DATE K. Grimes 010542 01/15/2007 STATE OF CALIFORNIA NARRATIVEISUPPLEMENTAL PACE DATE OF INCIDENT TIME NCIC NUMBER OFFICER 1.1) NUMBER 12/27/2006 1735 9320 10542 12-404 STATEMENTS P-1,Betty Costello Deceased P-2,Anthony Lopez On December 27,2006,at approximately 2220 hours, Sr. Inspector Hernandez and Sr. Inspector Peterson of the Contra Costa County District Attorney's Office,Detective Sullivan of the Pittsburg Police Department, and Officer Glace of the California Highway Patrol,interviewed Anthony Lopez at the Pittsburg Police Department. Sr. Inspector Hernandez prepaied Mr. Lopez's statement as follows. Lopez stated he had gotten off around 1730 hours today's date and was heading home. Lopez took the Railroad Avenue on ramp and headed west on Highway 4 traveling in the number one lane. Lopez said the radio was on, but not loud,the windows were up, and he was not using the cell phone. Lopez stated he was traveling at approximately 70 MPH on the freeway when,out of the comer of his left eye,he saw what appeared to be an individual joggim ng across the freeway. Lopez then slammed on the breaks and swerved to the left in attempt to miss the individual. Lopez said the right front fender of his truck struck the person before he left the road way. Lopez said he lost control of his truck when his vehicle drove over the gravel in the center median. Lopez said he then struck the center median guard rail. Lopez could not exit his vehicle through the driver's side door so he exited through the passenger door. Lopez said he went back to the point of impact and was told by the CHP Officer to stay off the roadway. Lopez said at the time of collision the traffic was light. He remembered a vehicle was behind him but estimates the vehicle was approximately 15 car lengths behind. Lopez further stated he gave a verbal statement to the CHP motor officer who was at the scene at the time of the accident. We asked Lopez what were his activities within the last 24 hours before the incident. Lopez replied on December 26,2006,at approximately 0600 hours he woke up and went to work at 0700 hours— 1530 hours. Lopez continued to say he went to bed at approximately 2200 hours and woke at 0630 hours, December 27, 2006. Lopez said he went to work at 0700 hours, worked 8 hours and 2 hours overtime. Lopez had lunch around 1230 hours,had a turkey sandwich,chips and a soda. Lopez stated his vehicle was in good working order and the brakes were replaced in November 2006. Lopez further stated he did not wear eye glasses,he had not taken any medication,and had not been drinking. PREPARER'S NAME I.D.NUMBER DATE REVIEWER'S NAME DATE K. Grimed 01OSA2 01/15/2007 STATE:OF CALIFORNIA ,NARRATIVE/SUPPLEMENTAL PAGE j(J DATE OF INCIDENT TIME NCIC NUMBER OFFICER I.D NUMBER 12/27/2006 1735 9320 10542 12-404 P-3, Phong Pham On December 27, 2006,at approximately 2255 hours, Sr. Inspector Hernandez and Sr. Inspector Peterson of the Contra Costa County District Attorney's Office,Detective Sullivan of the Pittsburg Police Department, and Officer Glace of the California Highway Patrol, interviewed Phong Pham at the Pittsburg Police Department. Sr. Inspector Hernandez prepared Mr. Pham's statement as follows. Pham stated he left his girlfriend's house around 1731'i;ours today's date in Pittsburg and was on his way to work in Pleasant Hill. Pham said took the Railroad Road on ramp to westbound Highway 4. Pham.said he . moved to the number 3 lane traveling at approximately 70 MPH. Pham stated he did not have the radio on, the windows were rolled up,and he had the heater on. Pham stated he was next to a black BMW,4 doors, late nineties,no further description provided, in the number two lane. Pham witnessed the black BMW swerve to avoid something. The next thing Pham recalls was his vehicle striking an unknown object from the front. The front of the vehicle lifted off the ground as well as the back end. The vehicle swerved but he did not lose control of the vehicle. Pham said he did not slam on the brakes before,during,or after the impact. Pham then noticed something was wrong with the vehicle and it felt like something was dragging underneath. Pham thought he had gone over a piece of debris. Pham exited his vehicle and did a walk around the vehicle and discovered the front end damage. Pham discovered later it was a person his vehicle had struck. Pham said he gave a statement to a CHP Officer at the scene. We asked Pham what were his activities within the last 24 hours before the incident. Pham stated he got up at approximately 1100 hours on December 26,2006, after receiving a call from his girlfriend. Pham went to a friend's house in Pittsburg and after that he went bowling at Diablo Lanes. Pham went to bed at approximately 0200 hours on December 27, 2006,and got up around 1300 hours on December 27, 2006. Pham said he ate cereal around 1430 hours with milk and French fries. Pham stated he had only been driving for two months and had no restrictions on his license. He also said he had taken an acne pill around 1600 hours on December 27,2006,but had not taken any other medication. Pham also said he had not been drinking. PREPARER'S NAME I.D.NUMBER DATE REVIEWER'S NAME DATE K. Grimed 010542 01/15/2007 STATE OF CALIFORNIA NARRATiVE1SUPPLEMENTAL PACE DATE OF INCIDENT TIME NCIC NUMBER OFFICER LD NUMBER 12/27/2006 1735 9320 10542 12-404 Witness,Officer J.Godman On December 27,2006,at approximately 2135 hours,Sr. Inspector Mulligan and Sr. Inspector Lui of the Contra Costa County District Attorney's Office,Detective Deplitch of the Pittsburg Police Department,and Officer Yox of the California Highway Patrol, interviewed Officer Godman at the Pittsburg Police Department. Sr. Inspector Mulligan prepared Officer Godman's statement as follows. Officer Godman said he began his shift at 1400 hour=on the day of this incident and was assigned to work Beat 403. Officer Godman said he was eastbound on State Route 4 west of Railroad Avenue when he saw there had been an accident which was blocking the#2 traffic lane. He said there were two vehicles. involved,a white Honda and a green Toyota 4Runner. Officer Godman said it was apparent that the Honda had rear ended the 4Runner. Officer Godman said he turned on his emergency lights and pulled into the center divider where he got off his motorcycle. Officer Godman said he observed the driver of the Honda (Betty Castillo) standing at the front of her car examining the damage. He observed the driver of the Toyota (Margarita Ramos)sitting in the driver's seat of her.vehicle. Officer Godman said he told Castillo to get back in her car and then directed both driver's to the center median where he was. Officer Godman removed debris from the roadway as the drivers moved their vehicles from the roadway. Officer Godman said he contacted both drivers and requested their respective driver's license,registration, and the proof of insurance for their vehicles. Officer Godman said Costello was out of her car and just kept looking at the damage to the front of her car in kind of a stupor. Officer Godman said Costello didn't react to his request. Officer Godman said Ramos approached him with her license and proof of insurance and then returned to her vehicle to look for the registration. Officer Godman then returned to Costello to obtain her identification. Officer Godman said Costello was now seated in her vehicle and handed him a pre-printed child abduction card for a young child. Officer Godman said he told Costello it was not her license and asked her to keep looking for it. He said Costello began looking for her identification so he walked back to the Ramos vehicle to obtain her registration. Officer Godman said he then walked back to his motorcycle to get the forms for the accident report. Officer Godman said Costello walked up to him and handed him her California Identification Card. He asked if she had a license and she replied that she did not. He then asked if the license was suspended and she replied that it was. Officer Godman asked her why and she replied for "D.U.I." Officer Godman asked Costello if she had anything to drink that day and she replied that she had "about 3 o'clock." Officer Godman said he did not smell any odor of an alcoholic beverage on her breath when she spoke. He told her to have a seat in her car and he went back to Ramos to complete that portion of the report. Officer Godman said he called for a tow truck and another unit to transport Costello since her driver's license was suspended. Officer Godman said as he spoke to Ramos he looked back at the Honda and observed Costello sitting in the driver's seat smoking a cigarette. Several minutes after that Officer Godman said he heard a crash on the opposite side of the freeway. He said when he turned his attention to the westbound lanes he saw a body rolling in the#1 and#2 lanes of westbound State Route 4. Officer Godman said he looked back at Costello's car and she was not there. Officer Godman said he realized that the pedestrian who was just hit on the westbound side of the freeway was Costello. Officer Godman said he then saw the second impact as Costello was run over by a car. Officer Godman said he jumped over the center divider guard rail and using his flashlight he tried to slow and stop the westbound traffic. Officer Godman said he was finally able to stop the traffic and then went to check on Costello. Officer Godman said Costello was obviously dead. PREPARER'S NAME I.D.NUMBER DATE REVIEWER'S NAME DATE K. Grimes 010542 01/15/2007 STATE OF CALIFORNIA NARRATIVE/SUPPLEMENTAL PACE Z DATE OF INCIDENT TIME NCIC NUMBER OFFICER 1.1) NUMBER 12/27/2006 1735 9320 10542 12-404 Witness,Margarita Carrillo Ramos On December 27, 2006, after 2206 hours, Sr. Inspector Mulligan, of the Contra Costa County District Attorney's Office, and Officer Yox, of the California Highway Patrol, interviewed Margarita Carrillo Ramos at the Pittsburg Police Department. Sr. Inspector Mulligan prepared Margarita Ramos's statement as follows. Ramos stated she left work in Concord at about 5 P.M.-and was on her way home to Antioch when she was involved in a collision. Ramos said she was eastbound State Route 4 in the#2 traffic lane at 55-60 miles per hour at approaching Railroad Avenue when suddenly she was struck from behind without warning. Ramos said she did not hear any brakes screeching before the impact. Ramos said she immediately braked to avoid hitting the cars which were in front of her. Ramos said she did not get out of her car but she did notice that the Honda, which had hit her, was stopped behind her. Ramos said the driver of the Honda Lot out of her . car and was looking at the damage when the Officer arrived at the scene. Ramos said that shortly after the motorcycle officer arrived he directed them into the center median. Ramos said she never spoke to the other driver during the entire event. Ramos said the officer spoke with the other driver first and then came back to her car for her information. Ramos said the officer told her to stay in her car and then walked back to the Honda and spoke with the other driver. Ramos said the officer returned to her and began to talk to her about the collision. Ramos said she was talking to the officer when she heard a"hollow noise." Ramos said she looked towards the noise and the westbound lanes to see a body flying in the lanes. Ramos said she looked back to the Honda which was behind her and the driver was not in the car anymore. Ramos said that was when she realized it was the driver of the other car who had been hit in the westbound lanes. Ramos said that about 30 seconds had passed when the body was hit again. Ramos said she never spoke with the other driver and she did not smell any odor of an alcoholic beverage on her when she was near. Witness,William McClurg,Paramedic On December 27, 2006, Sr. Inspector Lui, of the Contra Costa County District Attorney's Office, and Detective Deplitch of the Pittsburg Police Department, interviewed William McClurg at the Pittsburg Police Department. Sr. Inspector Lui prepared William McClurg's statement as follows. McClurg said that he was driving his ambulance at 40-45 miles per hour on eastbound State Route 4 in the 41 traffic lane. McClurg said he was with his partner John Reid and they were returning to their post in Oakley. McClurg said as they were approaching Railroad Avenue:he noticed a white vehicle, a CHP motorcycle, and.another vehicle parked in the center divider. McClurg said he didn't notice..anyone around the vehicles, but as he passed he observed a person running off into the westbound traffic from the direction of the parked vehicles. McClurg said he couldn't tell if the person was male or female. McClurg said he and his partner discussed that the person was going to get hit and when he looked back to the westbound lanes he could see a body in the lanes. McClurg said he didn't see anyone else chasing or near the runner. McClurg said he continued to look and could see someone with a flash light trying to stop the traffic in the westbound lanes. McClurg said he believed it was the CHP Motor Officer. McClurg said that about a minute later they overheard a radio call of an auto-ped collision on westbound State Route 4. He said they advised dispatch at 1741 hours that they-were in route. McClurg said they turned at Loveridge Road and arrived at the scene at 1746 hours. McClurg said that at 1748 hours he declared the person in the roadway deceased. PREPARER'S NAME I.D.NUMBER DATE REVIEWER'S NAME DATE K. Grimes 010542 01/15/2007 STATE OF CALIFORNIA NARRATIVEISUPPLEMENTAL PACE DATE OF INCIDENT TIME NC1C NUMBER OFFICER 1.13 NUMBER 12/27/2006 1735 9320 10542 12-404 Leonard Garcia On December 27, 2006, Sr. Inspector Wasteney, of the Contra Costa County District Attorney's Office, Detective Folena, of the Pittsburg Police Department, and Officer Youngstorm, of the California Highway Patrol, interviewed Leonard Garcia, at his residence, at 162 Algiers, Pacheco, CA 94553. Sr. Inspector Wasteney prepared Leonard Garcia's statement as follows. Leonard Garcia identified a booking photo of Beny-Costello as his wife. Garcia said that his wife was released from San Quentin Prison in September and is currently on parole. Garcia said that Costello is currently unemployed and is usually at home when he returns from work. Before he left for work Garcia checked and documented the mileage on the Honda as he usually does. Garcia said his wife's license was suspended and that was how he was making sure that she was not driving the car while he was gone. Garcia said to his knowledge she has not driven since she has been on parole. Garcia said that when he returned from work Costello and the Honda were not there so he began to worry. Garcia said during Christmas there was an incident where Costello did not receive a gift from her son and this upset her and she was still upset about it. Garcia-said he went to Concord and Pleasant Hill to check out the motels where Costello would go when she was drinking and she was not at either place. Garcia said his wife does not have a cell phone so he was not able to call her. Garcia returned my call for additional information on March 21, 2007. Garcia said he returned home from work on December 26`1'at about 4:15 PM, after working two hours of overtime. He said when he arrived at home Costello was relaxing on the couch. Garcia said that later she made dinner and did a little cleaning around the house. Garcia said they both went to bed about 8:30-9:00 PM. Garcia said he woke early and left for work about 5:30 AM. When he left for work Costello was still in bed but not asleep.. Garcia said that when he gets off of work he usually picks his wife up at the STAR program while on his way home. The program begins at 8AM and ends between 2-3 PM. Garcia said he received a call from his wife around 1 OAM on December 27''. She told him she was not feeling well and was not going to the STAR Program that day. Garcia added that he documents the mileage on all of his vehicles,not just the Honda. That is how he keeps track of the mileage. Garcia also said his wife was upset about not getting a Christmas gift from her son on Christmas Eve but by the next day she had shrugged it off. Garcia said he really didn't know why his wife went back to drinking. Jill Rea-Dillin� On December 28, 2006, Sr. Inspector Moreland, of the Contra Costa County District Attorney's Office, interviewed Jill Rea-Dilling,- at her residence, at 739 Stonebridge Way, Pleasant Hill, CA 94523. Sr. Inspector Moreland prepared Jill Rea-Dilling's statement as follows. Rea-Dilling said she had meet Costello at the Concord parole office on September 29, 2006. Rea-Dilling said they were both recovering alcoholics and they had become close over the last few months. They spoke over the phone at least twice a week and she last spoke with Costello a few days before Christmas when they went to DVC to register for classes. Rea-Dilling said she was aware that Costello was having a bad time adjusting to life after prison and felt alienated from her husband and children. Rea-Dilling said she had a feeling Costello was on the verge of a relapse because she was depressed and not coping well with life. Rea-Dilling said that Costello was feeling that her husband and children were not being supportive of her. PREPARER'S NAME I.D.NUMBER DATE REVIEWER'S NAME DATE K. Grimes 010542 01/15/2007 STATE OF CALIFORNIA NARRATIVE/SUPPLEMENTAL PAGE I DATE OF INCIDENT TIME NCIC NUMBER OFFICER LD NUMBER 12/27/2006 1735 9320 10542 12-404 Rea-Dilling said she would contact Costello's AA Sponsor, Karen, and have her call Sr. Inspector Moreland. Karen Esquivel On December 28, 2006, at approximately 2000 hours, Sr. Ir :-.cetor Moreland, of the Contra Costa County District Attorney's Office, interviewed Karen Esquivel, over the phone. Sr. Inspector Moreland prepared Karen Esquivel's statement as follows. Esquivel said she had last seen Costello on Christmas Eve during the day. She said that Costello was hurt that her son had not given her a Christmas gift. She also told her she felt she was trying real hard to satisfy her family and prove to them she was trying hard to stay clean. Esquivel said she last spoke with Costello on December 25, 2006, at 2130 hours, when she called to tell her she had won money at Cash Creek Casino. Esquivel said she appeared to be happy and they spoke about saving the winnings for school. Esquivel said she didn't hear from Costello on the 26'1'and became concerned because they spoke almost every day. Esquivel said she had been Costello's sponsor for about 2 '/z months and had become close to her. Esquivel said that Costello and her husband had been having marital issues and Costello had mentioned she was thinking about leaving him. Esquivel said she called for Costello on December 27, 2006, at about 1800 hours, but her husband Lenny answered. Esquivel said Lenny had told her that he and Costello had gotten into a fight and Costello left. Additional During the course of the investigation Sr. Inspector Moreland, of the Contra Costa County District Attorney's Office, contacted Denise Mouzakis by phone. Denise Mouzakis is the Director of a drug and alcohol abusers rehabilitation program known as the STAR Program. Mauzakis told her that Costello voluntarily joined the group on December 14, 2006 and had regularly attended the group until December 27, 2006. Mauzakis said she received a call from Costello on the morning of the 27h stating that she wouldn't be at her class that evening because she was ill. Mauzakis said she sounded sick on the phone. PREPARER'S NAME I.D.NUMBER DATE REVIEWER'S NAME DATE K. Grime@ 010542 01/15/2007 STATE OF CALIFORNIA NARRATIVE/SUPPLEMENTAL PACE I DATE OF INCIDENT TIME NCIC NUMBER OFFICER LD NUMBER 12/27/2006 1735 9320 10542 12404 OPINIONS AND CONCLUSIONS Area Of Impact The area of impact was determined by physical evidence, the statements of both parties, and the statements of the witnesses. Area of Impact#1 was between P-1 and Vehicle#2. Area of Impact #1 was approximately .75 mile -60 feet west of Railroad Avenue and approximately 10 feet north of the south roadway edge of westbound State Route 4. Area of Impact#2 was between P-1 and the asphalt roadway. Area of Impact #2 was approximately .75 mile 40 feet west of Railroad Avenue and approximately 9 feet north of the south roadway edge of westbound State Route 4. Area of Impact#3 was between P-land Vehicle#3. Area of Impact #3 was approximately .75 mile -5 feet west of Railroad Avenue and approximately 25 feet north of the south roadway edge of westbound State Route 4. Area of Impact#4 was between V-2 and center median guard rail. Area of Impact 44 was approximately .75, mile +228 feet west of Railroad Avenue and approximately 33 feet south of the south roadway edge of westbound State Route 4. Summary Costello (P-1) was a recovering alcoholic who had been released from State Prison in September of 2006, for numerous driving under the influence violations. Since her release Costello had not been able to get a job and was dependant on others for transportation. Costello's husband, Leonard Garcia, was documenting the mileage on the vehicle which was left at home when he went to work. Garcia was very confident that Costello was not driving while he was gone. Costello had joined a drug and alcohol abusers rehabilitation program (STAR Program) in early December and attended regularly before this incident occurred. During the Christmas Holiday Costello became upset over several issues including not receiving a gift from her son. According to her husband Costello was still upset over the incident on December 26, the day after Christmas, but then later recanted that observation. When Leonard Garcia woke on the day of December 27, 2006, Costello was still in bed. Garcia knew Costello was scheduled to go to the STAR Program later that evening. Garcia left for work at approximately 0530 hours. At approximately 1000 hours Costello called her husband and told him she didn't feel well, telling him she was not going to make it to the STAR Program that day. Costello also called Mouzakis (Director of the STAR Program) and told her she would not she would not be at the meeting that day because she was ill. Costello took the keys to the 2001 Honda, which her husband owned, and began driving it. At approximately 1057 hours Costello drove to Nob Hill Foods, 520 Center Avenue,Martinez and purchased several items including a bottle of Smimoff Vodka. On December 27, 2006, at approximately 1725-hours, Costello was eastbound on State Route 4 in the #2 traffic lane where she became involved in a non-injury traffic collision (Report Number 12-407). At this PREPARER'S NAME I.D.NUMBER DATE REVIEWER'S NAME DATE K. Grimes 010542 01/15/2007 STATE OF CALIFORNIA NARRATIVE/SUPPLEMENTAL PACE DATE OF INCIDENT TIME NCIC NUMBER OFFICER LD NUMBER 12/27/2006 1735 9320 10542 12-404 time of year it was dark outside and there were not any street lights in the area. Officer Godman, 416339, arrived at the collision scene shortly after the accident happened and cleared the roadway by directing the involved drivers with their vehicles into the center median. Officer Godman made contact with both drivers in order to obtain their information for the collision report. At first Costello did not respond to Officer Godman's request and just kept staring at her collision damage. On Officer Godman's second contact with Costello she handed him a pre-printed child abduction card as her driver's license. Officer Godman sent Costello back to her vehicle for her driver's license while he returned to gather information from the other party (witness Ramos). Officer Godman re-contacted Costello and again asked for her driver's license. Costello handed him her California Identification Card. Officer Godman asked Costello if her license was suspended and she replied yes. Officer Godman asked Costello why it is suspended. Costello told Officer Godman her license was suspended for DLII. Officer Godman asked her to return to her car for the insurance and registration information while he returned to his motorcycle for the report forms. Officer Godman contacted CHP dispatch for a unit to transport Costello and a tow truck to impound her vehicle due to her suspended license. Officer Godman returned to Ramos and began obtaining the information required for the report. While talking to Ramos Officer Godman glanced back at Costello and observed that she was sitting in her car, smoking a cigarette, and waiting for his return. Officer Godman continued talking,to Ramos. Lopez (P-2) had ended his shift at work and was on his way home to Concord. Lopez entered westbound State Route 4 from the Railroad Avenue onramp and moved out to the #1 traffic lane accelerating to approximately 70 miles per hour. Pham (P-3) left his girlfriend's house in Pittsburg and was on his way to work in Pleasant HE Pham entered westbound State Route 4 from the Railroad Avenue onramp and accelerated to approximately 70 miles per hour while moving to the #3 traffic lane. Pham was next to a black BMW which was in the #2 traffic lane. Due to her intoxication Costello decided to flee the collision scene, eastbound. on State Route 4 west of Railroad Avenue, in an effort to avoid prosecution for DUI. Costello waited for Officer Godman to turn his attention back to the other driver. Costello exited her vehicle,walked through the muddy center median and climbed over the three foot high center median guard rail. Costello then walked through the muddy center median on the westbound side of State Route 4 and began to run northbound as she reached the 12 foot wide paved portion of the westbound center median. Lopez observed "someone" (Costello) on his left and running towards the lanes in front of him. Without regard to the traffic on the roadway, Costello continued to run north, and out into the westbound traffic :lanes. Lopez turned his vehicle to the left in an effort to avoid Costello as she ran out into his path. The right front comer of V-2 struck Costello. Costello's body was accelerated forward from the impact, into the 92 traffic lane where it rolled towards the #3 traffic lane. V-2 continued to the left where it impacted the steel guard rail in the center median. As Pham approached the collision scene the BMW which was to his left suddenly swerved to the left for no apparent reason. V-3 continued forward where it rolled over P-1. Pham felt the impact and noticed something was dragging under his car. Pham drove his vehicle to the right shoulder to inspect the damage to his vehicle. After inspecting the damage to the front of V-3, Pham noticed that traffic had stopped behind him and there was an officer in the roadway waiving a flashlight. PREPARE-R'S NAME I.D.NUMBER DATE REVIEWER'S NAME DATE K. Grim©a O 1 OS42 01/IS/2007 STATE OF CALIFORNIA NARRATIVE/SUPPLEMENTAL PAGE 7 DATE OF INCIDENT TIME NCIC NUMBER OFFICER I.D NUMBER 12/27/2006 1735 9320 10542 12-404 Cause P-1 (Costello)caused this collision by failing to yield to traffic, a violation of 21954(a)CVC. 21954(a) CVC, Every pedestrian upon a. roadway at anv point other than within a marked cross,.+alk or within an unmarked crosswalk at an intersection shall yield the right of way to all vehicles upon the roadway so near as to constitute an immediate hazard. An associated factor of making an unsafe lane change is also applicable,a violation of 6470 PC. 647(f)PC,Every person who is found in any public place under the influence of intoxicating liquor,any drug,controlled substance,toluene,or any combination of any intoxicating liquor,drug„controlled substance,or toluene,in such a condition that he or she is unable to exercise care for his or her own safety of the safety of others,or by reason of his or her being under the influence of intoxicating liquor,any drug, controlled substance,toluene,or any combination of any intoxicating liquor,drug,or toluene,interferes with or obstructs or prevents the free use of any street,sidewalk,or other public way,is guilty of a misdemeanor. RECOMMENDATIONS None I PREPARER'S NAME I.D.NUMBER DATE REVIEWER'S NAME DATE K. Grimed 0105112 01/1S/2007 STATE OF CALIFORNIA NARRATIVE/SUPPLEMENTAL PAGE ty DATE OF INCIDENT TIME NCIC NUMBER Ol l ll ;l?I.1) NUMBER 12/27/2006 1735 9320 10542 12404 Vehicle Inspecti6n At the request of Sergeant S. Bartlett, #11719, 1 conducted a vehicle inspection on V-2, a 2002 Toyota Tacoma which was involved a fatal traffic collision on State Route 4 near Railroad Avenue on December 27, 2006. On December 28,2006, at approximately 0900 hours, I arrived at the Pittsburg Police Department to perform the inspection. Location Pittsburg Police Department 65 Civic Avenue Pittsburg, CA 94565 Vehicle 2002 Toyota,2 door,X-Cab,Pickup Vin# TESN92N82Z13 78 75 Cal Plate#6Z81150 exp. 8/2007 Odometer,42,385 miles Registered Owner Anthony D. Lopez 1243 Hale Drive Concord,CA 94518 PREPARER'S NAME I.D.NUMBER DATE REVIEWER'S NAME DATE K. Grimed 010542 01/15/2007 STATE OF CALIFORNIA NARRATIVE/SUPPLEMENTAL PACE l q DATE OF INCIDENT TIME NCIC NUMBER OFF1CLIt I.D NUMBER 12/27/2006 1735 9320 10542 12-404 General Inspection The involved vehicle was a 2002 Toyota pickup. This Toyota is a silver, X-cab, pickup, with a 3.4 liter 6 cylinder engine and an automatic transmission, The Toyota also has power assisted disc/drum brakes, and power assisted steering. There were lap/shoulder safety belts at the two front seating positions. The safety belts are of a continuous web material applied by the person seating in that position. The exterior of the Toyota showed moderate damage to both the left side and the right front of the vehicle. Brakes Both the front and rear brakes are activated by foot pressure to the master cylinder through the vacuum power assist unit and brake pedal. The pressure applied to the master brake cylinder by the brake pedal, pushes hydraulic brake fluid through the brake lines to the rear wheel cylinders and the front brake calipers, thereby activating the brakes. The master cylinder was located on the fire wall in the engine compartment. The composite design master cylinder was attached at the front shell of the vacuum power-assist booster. The master cylinder design included a cast aluminum body, primary and secondary piston assemblies with related seals and springs, plastic reservoir, reservoir cap and cap diaphragm sea]. The fluid delivery lines were properly routed between the master cylinder and the combination valve. The brake fluid was clear and at the MAX level within the reservoir. The brake pedal was depressed. The brake pedal held firm, without fade, for approximately 3 minutes. This vehicle was not equipped with ABS. The power-assist function is achieved through use of a vacuum booster mounted to the engine compartment bulkhead. The booster unit uses intake manifold vacuum and atmospheric pressure to reduce braking effort. The booster unit was a diaphragm(s), vacuum suspended unit. The booster was composed of front and rear shells, diaphragm, pushrod, and an air valve assembly. Vacuum is delivered to the power-assist booster from a vacuum outlet port located on the engine intake manifold. The delivery of manifold vacuum is conveyed through a molded rubber hose and an inline check valve. The front brake calipers were of a single piston floating design. The front brake calipers were properly affixed to their respective carriers with mounting pins. The mounting pins and anti-rattle springs properly maintained the positioning of brake pads within the caliper assemblies. The steel caliper pistons were in an extended position, with the friction pad linings located in close proximity to the rotor surfaces. The front brake fluid delivery flex hose were free of defect as were the rigid brake lines. The front brake pad friction linings were composed of a semi-metallic material. The friction lining contact surfaces were smooth and displayed indications of full engagement being made between them and the brake rotor surfaces during use. The front brake pad friction linings had approximately .44 inch of material remaining. The front brake rotors were a vented design. The outboard and inboard contact surfaces of both rotors were smooth and uniform. PREPARER'S NAME I.D.NUMBER DATE REVIEWER'S NAME DATE K. Grimes 010542 01/15/2007. STATE OF CALIFORNIA NARRATIVE/SUPPLEMENTAL PAGE ZU DATE OF INCIDENT TIME NCIC NUMBER OFFICER 1.1) NUMBER 12/27/2006 1735 9320 10542 12-404 The rear foundation brakes were duo-servo drum brakes. The self adjusting mechanisms with various brake shoe springs and hardware were properly assembled. Both wheel cylinders were functional and did not display any visible signs of leakage. The lines and hoses of the rear foundation brake assemblies were intact and free of defect or damage. The rear brake shoe friction linings were composed of a bonded, semi-metallic material. The brake linings were adjusted in close proximity to the brake drums (proper- -:adjustment). The friction lining contact surfaces were smooth and displayed signs of full engagement being made against the brake drum contact surfaces during use. The rear brake drums were full-cast designs. No visible imperfections were detected on either drum. The rear brake shoe friction linings had approximately .22 inch of material remaining. The contact surfaces were smooth and displayed a shiny luster from friction lining engagement to them during use. Steering The steering system is controlled by manual input through the steering wheel from the driver. This rotational input is transmitted to the rack and pinion steering box through a shaft which extends from the steering wheel through the fire wall to the frame mounted hydraulic.assist rack and.pinion steering box. The rotational input into the steering rack will push or pull on the steering arms,thereby turning the front wheels to either the left or the right. The power steering pump, belt, and hoses were undamaged during the collision. The fluid level within the power steering hydraulic reservoir was between the minimum and maximum marks. The steering system turned the front wheels to the left lock and right lock,both manually and with the engine running. "Tires The tires on this Toyota were in good condition. The tires were B.F. GOODRICHAll Terrain TA Radial in size L T 265/75 R16. The tire tread depths and air pressures areas follows: Tire Tread Depth Air Pressure - _- Right rear .35 inch 34 psi Right front .45 inch 33 psi Left front .46 inch 33 psi Left rear .40 inch 33 psi Throttle System The Toyota pickup was equipped with a 3.4 liter 6 cylinder engine. The induction system was composed of direct port fuel injection with a cable controlled linkage,throttle return spring,and an accelerator pedal. PREPARER'S NAME I.D.NUMBER DATE REVIEWER'S NAME DATE K. Grimes 010542 01/15/2007 STATE OF CALIFORNIA NARRATIVE/SUPPLEMENTAL PACE '21 DATE OF INCIDENT TIME NCIC NUMBER 01-FICER 1.D NUMBER 12/27/2006 1735 9320 10542 12-404 The air cleaner assembly was removed from the throttle housing to provide viewing of the throttle plate's . positioning. The throttle plate was found established in the closed (idle) position. The control cable connections at the throttle linkage were still connected. The cable ends were properly conjoined at the linkage connection points at the throttle plate. The throttle•plate was rotated by hand and foot pressure to the accelerator pedal. The throttle plate rotated smoothly, without binding from an idle position to a full throttle position and returned under spring tension. Headlamp Headlamp examinations are based on physical evidence attained from the vehicles which were involved in the collision. The physical evidence would be the lamp itself or any portion of the lamp and component parts which remains with the damaged vehicle. The lamps which are subject to analysis are those that are within close proximity (generally within 2 feet) to the collision damage, and have under gone an abrupt and extreme change in velocity. When a vehicle involved in a collision has attained a velocity of approximately 20 miles per hour or more(Traffic Accident Reconstruction/Northwestem University),and hits an object, or another moving vehicle,then the lamp of subject should have experienced an abrupt and extreme change of velocity capable of producing a significant abnormality in the filament of that lamp. In the case of this collision, the Toyota pickup was in the roadway and traveling at freeway speed when a pedestrian appeared m front of it. When the right front of the Toyota struck the erect body of the pedestrian the Toyota was damaged. Within this damage was the right front headlamp and within this damage the right front headlamp slowed abruptly as it was deformed and pushed rearward. The headlamps use a glass bulb manufactured by Koito under part number 6002. This headlamp bulb is manufactured with two tungsten filaments. One filament, when illuminated, would be the lowbeam and the other filament, when illuminated, would be the highbeam. The glass globe of the right headlamp was intact and undamaged. The filament stanchions were both.erect with the lowbeam tungsten filament being irregular. The lowbeam tungsten filament was stretched and irregular in appearance. The aforementioned was indicative of. Hot Shock. The highbeam tungsten filament was exemplar in appearance. The examination indicated that the low beam portion of this headlamp was illuminated at the time of this collision. After the lamp was examined it was reconnected to the electrical system. The headlamp switch was moved to the on position. All the exterior lamps on the Toyota were in operational condition, including the.brake lamp,highbeams, Iowbeams, and turn signals. Conclusions After completing a mechanical inspection on the above vehicle, it is my opinion that there were not any prior mechanical defects which would have caused or contributed to this incident. The examination of the right headlamp revealed that the bulb was incandescent/illuminated at the time of the collision which suggests that all the lights were incandescent/illuminated at the time of the collision. All damage observed during the inspection was determined to have resulted from the collision. PREPARER'S NAME I.D.NUMBER DATE REVIEWER'S NAME DATE K. Grimes 010542 01/15/2007 STATE OF CALIFORNIA NARRATIVE/SUPPLEMENTAL PAGE Z,2- DATE LZDATE OF INCIDENT TIME NCIC NUMBER OFFICER I.D NUMBER 12/27/2006 1735 9320 1054? 12-404 Vehicle Inspection STATE OF CALIFORNIA NARRATIVE/SUPPLEMENTAL PAGE LZ DATE OF INCIDENT TIME NCIC NUMBER OFFICER LD NUMBER 12/27/2006 1735 9320 10542 12404 Vehicle Inspection At the request of Sergeant Bartlett,#1,1719, I conducted a vehicle inspection on a 1997 Acura Integra which was involved a fatal traffic collision on.State Route 4 near Railroad Avenue on December 27, 2006. On December 28, 2006, at approximately 0900 hours, I arrived at the'Attsburg Police Department to perform the inspection. Location Pittsburg Police Department 65 Civic Avenue Pittsburg, CA 94565 Vehicle 1997 Acura,Integra,, 2 door, sedan Vin#JH4DC4456VS010533 Cal Plate#4TZS303 exp. 11/2007 Odometer, 101,917 miles, 63.8 miles trip Registered Owner Phong Anh Pham 520 Shore Road Bay Point, CA 94565 PREPARER'S NAME I.D.NUMBER DATE REVIEWER'S NAME DATE K. Grimeo WDS42 O1/1S/2007 ,,?;:;;j ,;,.•;;; ,: � � . �,,. ��:1 '' t STATE OF CALIFORNIA NARRATIVEISUPPLEMENTAL ". PAGE 2L DATE OF INCIDENT TIME NCIC NUMBER OFFICER.LD NUMBER 12/27/2006 1735 9320 10542 12-404 Inspection The involved vehicle was a 1997 Acura Integra, 2 door, sedan. This Acura is a green, front wheel drive, 2 door passenger vehicle, with a 1.8 liter 4 cylinder engine and a transverse mounted automatic transmission. The Acura also has power assisted four wheel disc brakes, and power assisted rack and pinion steering. There were lap/shoulder safety belts at the two front seating positions. The front safety belts are of a continuous web material applied by the person seating in that positiuii. The exterior of the Acura showed minor collision damage consistent with an impact to the left front of the vehicle from a low object. The damage involved the left comer of the front bumper. Brakes Both the front and rear brakes are activated by foot pressure to the master cylinder through the vacuum power assist unit and brake pedal. The pressure applied to the master brake cylinder by the brake pedal, pushes hydraulic brake fluid through the brake lines to all four brake calipers,thereby activating the brakes. The master cylinder was located on the fire wall within the engine compartment. The composite design master cylinder was properly attached at the front shell of the vacuum power-assist booster. The master cylinder design included a cast aluminum body, primary and secondary piston assemblies with related seals and springs, plastic reservoir, reservoir cap and cap diaphragm seal. The fluid delivery lines were properly affixed between the master cylinder and the combination valve. The lines of this location appeared to be -e of visible defect or damage. The brake fluid was approximately 5/8 inch below the full (MAX) i:'�-.jel. The brake pedal was depressed and the pedal held firm,without fade,for approximately three minutes. The power-assist function is achieved through use of a vacuum booster mounted to the engine compartment bulkhead. The booster unit uses intake manifold vacuum and atmospheric pressure to reduce braking effort. The booster unit was a diaphragm(s) vacuum suspended unit. The booster was composed of front and rear shells, diaphragm(s), pushrod, and an air valve assembly. Vacuum is delivered to the power-assist booster from a vacuum outlet port located on the engine intake manifold. The delivery of manifold vacuum is conveyed through a molded rubber hose and an inline check valve. With the engine running the vacuum became operational. Both the front and rear brake calipers were of a single piston floating design. Each caliper was properly affixed to its respective carrier with mounting pins. The mounting pins and anti-rattle springs properly maintained the positioning of brake pads within the caliper assemblies. The steel caliper pistons were in an extended position, with the friction pad linings located in close proximity to the rotor surfaces. The brake fluid delivery flex hoses were free of defect as were the rigid brake lines. The brake pad.friction linings were composed of a semi-metallic .material. The brake pads were not removed for inspection. All four front brake pad friction linings had approximately .22 inch of material remaining. All four rear brake pad friction linings had approximately'.15 inch of material remaining. The PREPARER'S NAME I.D.NUMBER DATE REVIEWER'S NAME DATE K. Grimes 010542 01/15/2007 STATE OF CALIFORNIA NARRATIVEISUPPLEMENTAL PACE ZI DATE OF INCIDENT TIME NCIC NUMBER OFI!CER LD NUMBER 12/27/2006 1735 9320 10542 12-404 front brake rotors were a vented design, while the rear hrake rotors were solid. The outboard and inboard contact surfaces of the rotors were smooth and uniform. Steering The steering system is controlled by manual input through the steering wheel from the driver. This rotational input is transmitted to the rack and pinion steering box through a shaft which extends from the steering wheel through the fire wall to the hydraulic assist rack and pinion steering box. The rotational input into the rack will push or pull on the steering arms, thereby turning the front wheels to either.the left or the right. The power steering pump, belt, hoses, and power steering rack appeared to be in good working order. The power steering fluid was half way between the full and minimum level marks on the indicator. The left and right sides of the steering system showed no previous damage or defects. The remainder steering system showed no signs of prior defects or damage. The steering system turned the front wheels to the left and right lock positions. With the engine running the power assist function on the rack and pinion steering operated. Tires The tires on this Acura Integra varied in condition. The front tires were B.F. GOODRICH in size 195/50 R15. The right rear tire was a CHAMPIRO while the left rear tire was a FUTUR,4 TOURING. Both rear .-.::res were in size 195/55 R15. The tire tread depths and air pressures are as follows: Tire Tread Depth Air Pressure Right rear .15 inch <10 psi Right front .09/.03 inch 35 psi Left front .14 inch 40 psi Left rear .29 inch 37 psi PREPARER'S NAME I.D.NUMBER DATE REVIEWER'S NAME DATE K. Grim©o 010542 01/15/2007 STATE OF CALIFORNIA NARRATIVE/SUPPLEMENTAL PAGE '2 j DATE OF INCIDENT TIME NCIC NUMBER OFFICER LD NUMBER 12/27/2006 1735 9320 10542 12-404 Throttle Svstem The Acura Integra was equipped with a 1.8 liter 4 cylinder engine. The induction system was composed of direct port fuel injection with a cable controlled linkage,throttle return spring, and an accelerator pedal. The air intake hose was removed from the throttle housing to provide viewing of the throttle plate's positioning. The throttle plate was found established in the close: (idle) position. The control cable connections at the throttle linkage were maintained in their normally routed configuration. The cable ends were properly conjoined at the linkage connection points. The accelerator pedal was depressed and the throttle was rotated by hand. The throttle plate rotated smoothly,without binding. The throttle rotated from an idle position to a full throttle position and returned. With the engine running the throttle responded to the accelerator pedal's constant change of positions. Conclusions After completing a mechanical inspection on the above vehicle, it is my opinion that there were not any prior mechanical defects which would have caused or contributed to this incident. All damage observed during the inspection was determined to have resulted from the collision. PREPARER'S NAME I.D.NUMBER DATE REVIEWER'S NAME DATE K. Grimed 0105A2 01/1S/2007 CONTRA COSTA COUNTY : o ; ! OFFICE OF THE SHERIFF CORONER C1p�9TA C d C077� CORONER'S REPORT CLASSIFICATION: Accident/Motor Vehicle vs Pedestrian CASE: 06-2901 DECEDENT: COSTELLO-GARCIA BETTY ZOE -- - --- - - - __._......----. - - --- ..._. _. ------........_... _... Last First Middle DATE REPORTED:_ 12/27/2006 _ TIME REPORTED: 1745 HOURS DATE OF DEATH : 12/27/2006 _ TIME OF DEATH : 1737 _ HOURS AKA: Other I.D.: N0731612 - ------------- ----- - - . -- --._._.. r DOB: 09/01/ 1955 AGE: _51 _ YEARS (UNDER 1 YEAR: __0 MONTHS 0 DAYS) SEX: Female RACE: Caucasian EST HGT: 502 EST WGT: 130 HAIR: Brown EYES: Brown SOCIAL SEC#: USUAL ADDRESS: 162 Algiers Drive CITY STATE ZIP: _ _ _ —Pacheco,.CA_ 94553 PHONE#: (925 969-9865 IDENTIFIED BY: Detective Conaty -_ _ DATE: 12/27/2006 TIME: 1950 HOURS ADDRESS and PHONE#: OTHER INVESTIGATING AGENCY: _ _ Pittsburg AGENCY FILE#: 06-10597 ASSIGNED OFFICER: --- Det. Conaty NEXT OF KIN Leonard Garcia Husband 11/19/ 1957 NAME OF LEGAL NEXT OF KIN RELATIONSHIP TO DECEASED DOB ADDRESS: - 162 Algiers Drive Pacheco CA 94553 RESIDENCE PHONE #' -_ 925-408-7517 BUSINESS PHONE#: _ _ (_) 969-9865 AUTHORIZED ALTERNATE NEXT OF KIN RELATIONSHIP TO DECEASED DOB ADDRESS: RESIDENCE PHONE #: BUSINESS PHONE#: LEGAL NOK NOTIFIED BY: Matt Wasteney — AGENCY: _ D.A.'s Office NOTIFIED DATE: _ 12/27/2006 _ TIME: HOURS HOW: In Person REPORTED BY DEPUTY CORONER: D. Hartman - 60627 CCC SHERIFF CORONER'S REPORT Page 1 • DECEDENT: COSTELLO-GARCIA BETTY ZOE CASE #: 06-2901 FUNERAL HOME F. D. O. C.: Pittsburg Funeral Chapel ADDRESS, PHONE: 2295 Railroad Avenue, Pittsburg, CA 94565 -- — - --.._.__..--- ---(9.2S)-432=2.11.4..._...... ---...... - ---- -. ...- - PLACE OF DEATH LOCATION: Public Roadway_ _ — (i.e., Residence/Hospital- ER or IP/ Public or Private Roadway, etc.,) ADDRESS: W/B Hwy 4, 2000' ��_est of Railroad Avenue CITY and STATE: _ Pittsburg,_CA 94565 _ CORONER'S SEAL? No PRONOUNCED AND / OR DETERMINED BY: _ —_William McClurg,_AMR —_ REPORTED BY: PHONE #: DECEASED DISCOVERED BY: PHONE #: ADDRESS: BODY REMOVED TO: _ County Morgue ORDERED BY Hartman MEDICAL HISTORY REGULAR PHYSICIAN: PHONE #: ADDRESS: DATE LAST SEEN: MEDICAL NUMBER: MEDICAL HISTORY: CCC SHERIFF CORONER'S REPORT Page 2 g DECEDENT: COSTELLO-GARCIA BETTY ZOE_ CASE #: _ _ 06-2901 INJURY INFORMATION DATE OF INJURY: 12/27/2006 TIME OF INJURY: 1737 -- HOURS LOCATION OF INJURY: Public Roadwav (i.e., Residence/Hospital-ER or IP I Public or Private Roadway, etc.,) ADDRESS INJURY.OCCURRED: W/B H%vv 4 2000' west of Railroad Ave. Pittsburg CA 94565 MAP LOCATION: AT WORK: No HOW INJURY OCCURRED: Pedestrian struck by Motor Vehicle IF APPLICABLE, TYPE OF GUN AND/OR WEAPONS: VEHICLE MAKE, MODEL, YEAR, LIC#: MV STATUS: REG. TO: ADDRESS: TOWED TO: ORDERED BY: WITNESSES: (NAME, ADDRESS, TELEPHONE) 1. 2. 3. _. 4. IDENTIFIABLE INFORMATION (i.e. scars, marks, tattoos) .A. CCC SHERIFF CORONER'S REPORT I Page 3 INV. .ESTIGA'TIVE REPORT CASE#: 06-2901 - Date: 12/27/2006 Time: 1745 Hours Investigation: On the above listed date and time, I was contacted via telephone by CHP dispatch. I was informed that a fatal traffic collision had just occurred on westbound Highway 4, just west of the Railroad Exit. Contra Costa County dispatch contacted me prior to me leaving for the scene and advised me that both westbound and eastbound lanes of Highway 4 were closed. I was told that CHP no longer wanted me to respond, and that I would be notified when I was needed. At approx. 2000 hours, I was contacted via telephone by Detective Conaty of the Pittsburg Police Department. Conaty stated that Pittsburg P.D. was assisting CHP with the investigation. He stated I would be contacted to respond to the scene later in the evening. At approx. 2130 hours, I was contacted by Contra Costa County dispatch and informed that Pittsburg P.D..-was ready for me to take custody of the decedent. I arrived at the scene at approx.. 2200 hours. I took photos of both the scene and the decedent. I contacted Det. Conaty, who provided me with a statement that will follow. I took custody of the decedent and transported her to the County Morgue where she was weighed, tagged, and stored. 6/20/2007 at 1645 hours On 6/20/07, at about 1345 hrs, a Coroner's Inquest was conducted regarding the death of Betty Costello-Garcia. The jury was sworn in and after hearing testimony, made the following unanimous verdict: The decedents death was due to "Accident". The manner of death will be changed to reflect this. By Corporal T. Biggs Location of Body: In the number 2 lane of westbound traffic on Highway 4, 2000' west of Railroad Avenue. Scene Description: This stretch of Highway 4 has four lanes. Westbound and eastbound lanes of traffic are separated by a dirt median and metal guard rail. Body Examination: Decedent was wearing a black sweater, white T-shirt, blue jeans, and one white sock. CCC SHERIFF CORONER'S REPORT �.� t `- 1 R ge 4 INVESTIGATIVE REPORT CASE#: 06-2901 The decedent's left leg was nearly gone. The decedent also had some facial abrasions. Evidence: Photos Statements: Detective Conaty: CHP Officer Godwen.responded to an accident on westbound Highway 4. Upon his arrival, both vehicles were still in the lanes of traffic. Godwen instructed both drivers to move their vehicles to the center median of the highway. After both vehicles were safely out of the freeway, Godwen contacted the decedent and asked her for her driver's license. The decedent gave Godwen her'CA identification card, and told Godwen that her driver's license was suspended. During this contact, Godwen could smell the odor of an alcoholic beverage about the decedent's person. He questioned the decedent, and the decedent admitted to have been drinking. Godwen then went to check on the driver of the other vehicle involved in the collision. While Godwen had his back turned to the decedent, he heard tires screeching and then a loud thump. He turned around to see the decedent on the ground motionless in the westbound lanes of Highway 4. Godwen immediately called for medical aid. AMR just happened to be stopped on eastbound Highway 4, and actually witnessed the decedent being struck. AMR personnel ran to the decedent's aid and determined death at the scene. Conaty stated the decedent was on parole and had prior DUI felony arrests. He stated it is believed that when she attempted to flee the scene, she was struck by two motor vehicles. One vehicle clipped her first and then she was ran over by the second vehicle. Release Information 1/2/2007 at 1115 hours A representative from Pittsburg Funeral Home presented a release signed by the next of kin, Leonard Garcia, husband of the decedent. I.released the decedent. There was no property. By Deputy Hartman #60627 Deputy Hartman #60627 Afn CCC SHERIFF CORONER'S REPORT .a Page 5 INVESTIGATIVE REPORT CASE#: 06-2901 APPROVED BY SUPERVISOR: CCC SHERIFF CORONER'S REPORTf a a6 f OFFICE OF THE SHERIFF-CONTRA COSTA COUNTY CORONER'S DIVISION { WARREN E.RuPF,SHERIFF-CORONER NAME: COSTELLO GARCIA, BETTY ZOE AUTOPSY REPORT 2006-2901 POSTMORTEM AT: CENTRAL MORGUE, MARTINEZ, CALIFORNIA DATE: 12/28/06 TIME: 0840 HR. FINISH TIME: 0920 HR. PLACE OF DEATH: PITTSBURG, CALIFORNIA DATE: 12/27/06 TIME: 1737 HR. ANATOMIC DIAGNOSES 1. Cutaneous contusions, abrasions, and lacerations. 2. . . Compound comminuted fracture, right tibia and fibula, with near avulsion of right lower leg. 3. Crushing type fractures including each sacroiliac joint and symphysis pubis with laceration of iliac arteries. 4. Right-sided pulmonary contusions. 5. Status post hysterectomy and bilateral salpingo-oophorectomy, remote. CAUSE OF DEATH: BLUNT-FORCE INJURY OF THE PELVIS AND EXTREMITIES COMMENT: Reportedly, this individual was struck by a vehicle and overrun by a second vehicle. Based on injury pattern, the fractures and avulsion type injury of the right lower leg was likely due to the first impact, while the extensive pelvic fractures were likely due to the second impact. DATE: r� d -U L. P RSON, M.D. BLP/1C (EPdENSIC PATHOLOGIST MOP COSTELLo GARCIA, BETTY Z. 2 06-2901 CLOTHING The body is clad in blue denim trousers, white socks, a multicolored long sleeved'sweatshirt, and awhite tee shirt. Three yellow metal and one gray metal rings are on the 4th finger of the right'hand. A clear stone set in a yellow metal setting is in the left pierced earlobe, and a yellow metal necklace encircles the neck. In the left front trousers pocket are three additionalyellow metal rings and three buttons. In the right front pocket are two butane lighters, pen cap and additional portion of pen, a drugstore receipt, and fourteen-dollars in currency. In the right rear pocket are one hundred forty-eight dollars in currency and two additional store receipts. In the left rear pocket are five hundred thirty-seven dollars in currency. On the 4th finger of the left hand are four additional yellow metal rings set with clear and/or colored stones. EXTERNAL EXAMINATION The fully clad, cool, unembalmed body is that of a well nourished, well developed female, which measures approximately 62 inches, weighs 130 pounds, and appears consistent with the listed age of 51 years. The scalp hair is gray dyed brown, straight and up to 8 inches in length. The irides are brown, the corneas are clear, and the sclerae and conjunctivae are unremarkable aside from bilateral arcus senilis. The maxilla is edentulous with a full.plate in place; the mandibular dentition is natural and in fair repair. Injuries of the head, torso and extremities will be described below. The external genitalia are those of a normal adult female. Injuries of the back will be described below. Lividity is dorsal but not fixed, and rigor mortis is full in the extremities, but easily overcome. EXTERNAL EVIDENCE OF INJURY HEAD AND NECK 1 '/2 inches posterior to the right external auditory meatus is a complex abraded laceration exposing skull with partial avulsion of the external ear off the head. This complex measures-2 x 2 '/2 inches. On the undersurface of the chin a stellate red abrasion measured'3/4 inch in greatest dimension. A pattern of four dark red abrasion are just lateral to the left lateral canthus extending from cheek to forehead forming a 4 %x 2 inch pattern. The upper most injury is 1 s/4 inches above and 3/a inch to the left of the glabella, measuring 1 inch in diameter. The next injury is '/ inch above and 2 inches to the left of the glabella above the lateral surface of the left parietal, measuring '/inch in greatest dimension. The third injury is within the lateral portion of the left brow, is triangular measuring '/2 x 3/a inch and the final injury at the level of the left lateral canthus measures 1 x'h inch. EXTREMITIES Externally, there is observable complex fracture of the pelvis, including diastatic fracture of the symphysis pubis. A pattern of skin overstretch is on the left buttock, including both the posterior and lateral surfaces of the buttock, measuring overall 6 x 4 inches. On the lateral surface of the left thigh, red-yellow impact pattern resembling clothing and gravel measures 8 x 2 '/2 inches with a yellow patter COSTELLO GARCIA,BETTY Z. 3 06-2901 of the similar injury beginning at the knee and extending to the foot, measuring 16 x 4 inches. On the popliteal fossa, vague, red abrasion measures 1 '/2 x 1 inch.,, On the medial surface of the left lower leg, gray ecchymoses measures 3 x 3 inches,'4 inches below the popliteal fossa and 7 inches above the heel, with additional abrasion on the medial surface of the lower leg forming a rectangular pattern 4 inches above the heel, measuring 3 x 1 '/ inches. A patch of yellow abrasion just below the right inguinal fossa measures 5 x 3 inches,with an additional patch on the lateral surface of the thigh 4 inches above the knee, measuring 3 % x 2 inches. On the medial surface of the thigh just above the knee, yellow abrasion measuring 5 x 2 inches and oriented from 2 o'clock to 8 o'clock is interrupted by red abrasion extending into the popliteal fossa. At the level of the knee and extending downward, there is near avulsion of the lower extremity, with avulsion of skin from subcutaneous tissue and muscle, and comminuted compound fracture of the tibia and fibula, with the distal tibia and fibula measuring 7 inches by 2 inches together, received separately. The injury in the popliteal fossa is approximately 11 inches above the heel, and the avulsion involves the circumferential skin of the lower extremity beginning at the popliteal fossa extending to the medial malleolus. A Y4 inch red abrasion is on the dorsum of the right elbow, with scattered red abrasion on the dorsum of the right hand, the largest is at the wrist flexion crease measuring '/ inch in greatest dimension. INTERNAL EVIDENCE OF INJURY Examination of the lungs reveals a few contusions on the posterior surface of the right lower lobe. Within the pelvis, extensive retroperitoneal hemorrhage is greater on the right than on the left, in association with diastatic crushing type fracture of each sacroiliacjoint and a gaping diastatic fracture of the symphysis pubis, associated with a perirectal tear. A laceration is on the superior surface of the bladder. The iliac arteries are both torn due to this crushing type injury. INTERNAL EXAMINATION BODY CAVITIES F. The body is opened using the usual Y-shaped and intermastoid incisions, and the chest plate is removed. There are no adhesions or abnormal collections of fluid in the pericardial, pleural, or peritoneal spaces. All body organs are in the normal anatomic position: The midline anterior abdominal fat layer measures 1 inch. e SYSTEMS REVIEW CENTRAL NERVOUS SYSTEM Removal of the calvarium reveals an intact dura mater, with no evidence of epidural or subdural hemorrhage. The external surface of the 1280 gram brain is symmetrical, with no evidence of subarachnoid hemorrhage. Coronal sections through the cerebrum reveal no focal lesions, and transverse sections through the cerebellum and brainstem are unremarkable. The structures at the base of the brain, including blood vessels and cranial nerves are intact. Li C? COSTELLO GARCIA, BETTY Z. 4 06-2901 NECK Examination of the soft tissues of the neck, including strap muscles, thyroid gland, and large vessels, reveals no abnormalities. The hyoid bone, thyroid and cricoid cartilages are intact. GASTROINTESTINAL TRACT. The mucosa of the esophagus, stomach, and duodenum is intact; the gastric lumen contains a small amount of mucoid fluid. The small and large bowel are unremarkable. The appendix is present. CARDIOVASCULAR SYSTEM The external surface of the 250 gram heart is unremarkable. Serial sections through the right dominant coronary arteries reveal no significant atherosclerosis or thrombus. The myocardium is uniformly red- brown and firm. The chambers and valves have the normal size-position relationship and are unremarkable. The great vessels exit and return to the heart in a normal distribution and are unobstructed. RESPIRATORY SYSTEM See "Evidence of Injury". The mucosal surfaces of the larynx, trachea, and bronchi are pink-tan and unremarkable; the airway is free of debris and foreign material. The pleural surfaces are smooth and glistening. Sections reveal a dry, well aerated parenchyma except where interrupted by contusion and hemorrhage. There are no further focal lesions. The pulmonary arteries and veins are normally distributed and unobstructed. The right lung weighs 350 grams and the left lung weighs 270 grams. HEPATOBILIARY SYSTEM The liver weighs 1250 grams and is covered by a glistening, intact capsule. Sections reveal a dark red- brown uniform parenchyma. The extrahepatic biliary tree is normally distributed and unobstructed. The , gallbladder contains approximately 10 ml of yellow-green liquid bile. The pancreatic parenchyma is yellow-tan and lobular and the ducts are clear. RETICULO-LYMPHATIC SYSTEM The 100 gram spleen is covered by a wrinkled, intact, gray capsule. Sections reveal a normal parenchyma with a normal distribution of white and red pulp. The regional lymph nodes and bone marrow are grossly unremarkable. GENITOURINARY SYSTEM The renal capsules are smooth, thin, and semi-transparent, and strip with ease to reveal pale, red-brown . cortical surface. The cortex is slightly congested and measures up to 0.7 cm in thickness, and is sharply COP,t COSTELLO GARCIA,BETTY Z. 5 06-2901 delineated from the unremarkable medulla and collecting system. The ureters follow the normal course to the empty urinary bladder. The right kidney weighs 100 grams; the left kidney weighs 110 grams. The ovaries, fallopian tubes, uterus and cervix are absent. MUSCULOSKELETAL.SYSTEM See "Evidence of Injury". There are no further bone or joint abnormalities. The skeletal muscle is red- brown and firm. ENDOCRINE SYSTEM The pituitary, thyroid, and adrenal glands are normal in size, shape, and location. SPECIMENS RETAINED Heart blood and stock tissue sections in formalin. PRESENT S. Jagoda, Pathologist's Assistant N. Aronsen, Contra Costa County Sheriffs Office Officer B. Land, California Highway Patrol Officer S. Barruel, California Highway Patrol Officer S. Wooden, California Highway Patrol Inspector J. Conatay, Pittsburg Police Department R. Hole, Contra Costa County District Attorney's Office A. Moreland, Contra Costa County District Attorney's Office P. Mulligan, Contra Costa County District Attorney's Office A. Lui, Contra Costa County District Attorney's Office W. Clark, Contra Costa County District Attorney's Office A. Taflya, Contra Costa County Sheriffs Office, Criminalistics Laboratory 7 P e tom'• Forensic Services Division., 111111111111111111 IN 11111111 111 11111111111111111111111 P1111 11 1I1 111 Contra Costa County Office of the Sheriff 1960 Muir Road, Martinez, Ca. 94553 REPORT OF LABORATORY EXAMINATION Laboratory No: 06-15916-1 Agency: Coroner's Office Report Date: 1/05/2007 Agency Case No.: 06-2901 Service: Alcohol Analysis Requested by: Peterson Request Date: 12/28/2006 Case Type: Death Deceased: Costello-Garcia, Betty Offenses: Death Description of Evidence (Initial package(s)were submitted tape sealed unless otherwise stated) Lab Evid 41: Coroner blood alcohol envelope Test&;biect: Costello-Garcia, Betty Type of sample: Coroner Container No.: C3628 Collected By. Peterson Coltecticn Date: 12/28/2006 Collection Time: 0800 Blood Alcohol Results: 0.27 % WN Blood Alcohol Date of analysis: 1/4/2007 Reported By: Approved By: M Richard Bowden,Forensic Toxicologist Arsenio D Ricafrente,Forensic T o ist JAN 9 2W7 (Forensic Alcohol Supervisor) (Forensic Alcohol Supervisor) Date: January 05,2007 SHERIFF-CORON NI CO Executed in Martinez, Contra Costa County,California M to z, Cali�rnla' lT Page l of 1 s; �A`.�:, rT•., I lllllfl 1111 IIIIIIForensic Services Division lilt 1111111111 lilt HIT III fl 111111111111111111111111111111111 Contra Costa County dffice of the Sheriff tn 1960 Meir Road, Martinez, Ca. 94553 —'- REPORT OF LABORATORY EXAMINATION Laboratory No: 06-15916-2 Agency: Coroner's Office . Report Date: 1/02/2007 Agency Case No.: 06-2901 i Service: Toxicology Analysis Requested by: Peterson Request Date: 12/28/2006 Case Type: Death Deceased: Costello-Garcia,Betty Description of Evidence (initial package(s)were submitted tape sealed unless otherwise stated) Lab Item'M2: Coroner's ziplock plastic bag(heart blood) Test Subject: Costello-Garcia,Betty Type of sample: Coroner Screening: Result: Lab Item 42: Coroner's ziplock plastic bag(heart blood) Nlethamphetamine/MDNIA negative Cocaine/Cocaine Metabolite negative Opiates(Codeine,Morphine) negative Benzodiazepines negative Confirmation: Lab Item 42: Coroner's ziplock plastic bag(heart blood) No confirmation done MDA is Methylenedioxyatnphetamine MDMA is Methylenedioxymethamphetamine If a drug is not reported as positive,it indicates either that it was not detected or,if a drug was detected,it ffltimg concentration less than this Laboratory's established reporting limit. All confirmations,if required,are doMass Spectrometry.Reported By: Approved By: IAN 5 2007 Monica Siegrist,Forensic Toxicologist Warren Cohen,Forensic Tox AW F-CORONER CONTRA COSTA COUNTY Date: January 02,2007 Martinez, California Page 1 of 1 Contra Costa County Coroner's Office VERDICT OF CORONER'S,JURY In the matter of the inquest on the body of Betty Costello-Garcia Before(hearing officer's name) Stuart Willis Inquisition was taken on this date in Contra Costa County, State of California on the body of the above named person, at which time and place a duly summoned Coroner's Jury was sworn to inquire into the circumstances attending said death, and in what manner;where and when said death occurred. We, the members of the Coroner's Jury, certify that our verdict is as follows: Name of Deceased: Betty Costello-Garcia Sex: F Age: 51 Race: Caucasian Date of Death: December 27, 2006 Time of Death: 1737 hrs Place of Death: West Bound Highway 4, 2000 Feet West of Railroad Avenue, Pittsburg Medical Cause of Death: Blunt Force Injury Of The Pelvis & Extremities Death was caused by: Accident Dated: June 20. 2006 /�t Approved: WARREN E. RUPF, Sheriff-Coroner Contra Costa County By Timolly Biggs (Govt.C.27491.6;27491.7;27504> Deputy Sheriff-Coroner CLAIM BOARD OF SUPERViSORS OF CONTRA COSTA COUNTY BOARD ACTION: JULY. 24, 2007 Claim Against the County, or District Governed by ) the Board of Supervisors, R.outing_Endors.ements, ) NOTICE TO CLAIMANT Pti�lE'/ 1�'1� , and Board Action. All Section referen�®,ces0. �auto� �) The copy of this document mailed to California Government Codes. ) you is your notice of the action taken JUN 2 `r' 2007on your claim by the Board of COUNTY COUNSEL . Supervisors. (Paragraph IV below), MARTINEZ CALIF given Pursuant to Government Code AMOUNT OF THE CLAIM FALLS WITHIN THE Section 913 and 915.4. Please note all AiV1OUNT: JURISDICTION OF THE UPPER DIVISION OF,, THE SUPERIOR COURT Warnings". CLAIMANT: JAMES P. .SAUNDERS ATTORNEY: WILLIAM P. DALEY, Esq. DATE RECEIVED: JUNE ?�'�' 2007 ADDRESS:. 3871 PIEDMONT AVENUE, BY DELIVERY TO CLERK ON: `nom 27, 2007 STE. 321 OAKLAND, CA 94611 JUNE .26 2007 BY .MAIL POSTMARKED: ' FROM: Clerk.of the Board of Supervisors. TO: County Counsel Attached is a copy of the above-noted claim. JOHN CULLEN, C rk Dated: JUNE 27' 2007 By: Deputy I.I. FROM.: County Counsel TO: Clerk of the Board of Su ervisors ( 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. Tile 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). O Other: i Dated: �� _o ? By: Deputy County Counsel Ill. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) O Claim was returned as untimely with notice to claimant (Section 911.3). I.V. BOARD ORDER: By unanimous vote of the Supervisors present: (t.� This Claim is rejected in full. O Other: I.certify that.this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated. -� )OHN CULLEN, CLERK, By puty Clerk WARN Gov. code section 913) Subject to certain exceptions,you have only six(6) months from the date this notice was personally served or deposited in the nail 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 wide this matter. 1.1'you `want to consult an attorney,you should do so immediately. *For Additional Waming See Reverse Side ofThis Notice. AFFIDAVIT OF MAILING t declare under penalty of perjury that 1. 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 Servicc in 1\.lartinez, California, postage fully prepaid a certified copy of this Board Order.and Notice to Claimant, addressed to the clainumt.as shown above. Datedq4o.'p;� JOHN CULLEN, CLERK By eputy Clerk This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as. mandamus or injunction, or Federal Civil Rights claims. The abovelistis not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be tiled may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act n-or.does it waive rights under the statutes of li"mitations applicable to. actions not subject to. the California Tort Claims Act t .t I. 'CLAIM AGAINST THE COUNTY OF CONTRA COSTA ECLER(BG CEVED James P. Saunders 2 7 2001 Claim for Damages for Claimant, OofSUPERVISORS Assault,Battery, False Arrest, ':,?,O_JA Co. Intentional Infliction of Emotional Vs. Distress,Negligence Infliction Of Emotional Distriss, and Violation Of Civil Rights County of Contra Costa, Sheriff of.Contra Costa, and Members of the Contra Costa Sheriff's Department. Defendants 1. The name and post office address of the Claimant is as follows: James P. Saunders, 3505 Gateway.Rd.,No. 31E, Bethel Island, CA 94511 2. All notices concerning this claim should be sent to the following address: William P. Daley, Esq., 3871 Piedmont Ave. Ste. 321, Oakland, Ca 94611 3. On or about Feb 7, 2007, claimant was driving down Bethel Island Road when he developed transmission problems. Claimant slowed down and pulled over towards the curb. Members of the Contra Costa Sheriff's Department, acting as the Oakley Police Department, arrived and accused the claimant of being drunk. Claimant was grabbed and forced to the ground, causing substantial injuries to his head arm and body. Claimant was arrested.and taken to John Muir hospital for treatment. Following the analysis of a blood sample,the District Attorney elected not to file charges. 4. Claimant suffered general damages for loss of freedom and reputation, injury to his legs, arms, and head, pain, suffering, and mental and emotional distress. He has incurred costs for:obtaining medical treatment. Treatment is continuing. He has retained attorneys for the 1 . defense of the criminal allegation. His vehicle was towed and he was required to pay fees to obtain its release 5. All the names of the public employees causing the injury are unknown to the claimant. 6. The amount of the claim falls within the jurisdiction of the upper division of the Superior Court. DATED: June 26, 2007 o _ Wily P. Daley Attorney for James Saunders 2 .- -. . � �� _� -' i:. --. . . _ r: �r ' s� .. �1 �.. -. �_ .. a ` ' t.' i � o Ln "CL-jJa)Q9 �O ¢ zz o ZD o cc ® C o 8$tl oLLJ to Cp ti a CC o CD LU vi vJ W r .._-_.__..--•---.�._._ -.._ rOL vJ 4- O M P Ir c 0. 0 m C Co U , .D 4-. 0 m CL p 1 A U co .......ter. ru ;.., ..,..............�. N ..�� C3 W (fir W CV M O . Z ex _ Wco >.- CD Q t0 C D E E CL c � M M0 ,`� ..._.... •. i � '::::': i .._.... ��� •� i I �._ -. i ,,\ �, `. �� . � � � �� ..