SF News

San Jose Community Groups Disapprove Police Chief Chris Moore's Decision to Keep Immigration Investigators

A coalition of San Jose community groups Friday gathered to send a loud message of disapproval to Police Chief Chris Moore on his decision to keep a pair of recently enlisted federal immigrations investigators. "Our message is clear: we don't want ICE here," Stefanie Flores, a spokeswoman for Silicon Valley DeBug, said at a news conference Friday morning. "We want to work with the police to find real solutions." DeBug is part of a handful of San Jose immigrant and civil rights groups that oppose Moore's recent decision to enlist the help of two investigators from U.S. Immigration and Customs Enforcement as part of the Department of Homeland Security's "Operation Community Shield" program. The groups said the program increases the community's distrust of law enforcement, cultivates fear and undermines immigrants' civil liberties.
"Now, more than ever, there needs to be a culture of trust between immigrant populations and the Police Department," said Jazmin Segura, a spokeswoman for the group Services, Immigrant Rights, and Education Network, or SIREN. "This program will invariably damage that trust." At a community meeting hosted by Sacred Heart Community Service on Wednesday night, Moore said the agents are helping the department target escalating gang violence, which he said has contributed to more than half of the city's homicides this year. He said they are working strictly within those guidelines and that he would remove them if they overstepped their boundaries. Moore's promise, however, does not appear to have quelled the suspicions of the immigrant community, who questioned why the decision was made without input from the community and who fear that the department's collaboration with the two ICE agents will increase the chances of racial profiling and deportations.
They claim that there have been cases across the country where agents have been authorized to question undocumented immigrants despite their criminal history or affiliation with gangs.

San Francisco's Tobacco Ban Survives Its Latest Challenge

The city of San Francisco's pioneering ban on tobacco sales by pharmacies has survived its latest challenge, a constitutional lawsuit by the Safeway grocery store chain. U.S. District Judge Claudia Wilken of Oakland Friday dismissed a lawsuit in which Pleasanton-based Safeway Inc. claimed the measure was an unconstitutional restriction on its right to conduct a lawful business. Wilken wrote that the current version of the law is "a reasonable and permissible use" of the city's power to pass laws to protect the public. "The protection of a vested property right in a business permit generally must yield to the state's concern for the public health and safety and its authority to legislate for the protection of the public," Wilken wrote. The law banning the sales of cigarettes and other tobacco products by pharmacies was originally enacted by the Board of Supervisors in 2008 and was the first of its kind in the nation.
The board's rationale was that because pharmacies provide health-related services, they should not be allowed to give consumers "tacit approval" for disease-causing cigarettes by selling the products. In its initial form, the ordinance exempted from the ban so-called "big box stores" that contain pharmacies, such as Safeway grocery stores and large discount retailers.
But the Board of Supervisors amended the law to eliminate that exemption last year after Walgreen Co. won a state court lawsuit that claimed the law discriminated against stores that operate primarily as pharmacies. Safeway, which has 10 grocery stores containing pharmacies in San Francisco, then filed its federal lawsuit in February. Safeway spokeswoman Susan Houghton said company officials had not yet seen the ruling and would not be able to comment until next week on whether they plan to appeal.
"We're certainly disappointed," Houghton said. "We will have to read the ruling and evaluate our next steps." San Francisco City Attorney Dennis Herrera, whose office defended the law, said, "Those who operate pharmacies have chosen to participate in our health care delivery system, and that should not include the delivery of cigarettes."

Oakland Mayor Jean Quan Unveils Security Cameras in Fruitvale

Oakland Mayor Jean Quan and other city officials Friday unveiled security cameras that are aimed at combating a crime wave in parts of Oakland's Fruitvale District. At a news conference at the Otaez Restaurant in the 3800 block of International Boulevard, Quan said if video cameras had been in place earlier, the suspects who killed owner Jesus "Chuy" Campos in a botched robbery attempt when he opened the restaurant the morning of April 8 probably would have been caught.
"Should there be another occurrence, the suspects likely would be caught on camera," Quan said. City Councilman Ignacio De La Fuente, who represents the Fruitvale District and had been friends with Campos, 58, for 35 years, said he believes that installing 100 security cameras at 35 locations in a 2-square-mile area "will protect businesses, families and customers."
De La Fuente said the investigation into the death of Campos, who was a community leader and had been president of the Mexican-American merchants association, has been "hard" but police are working diligently and "haven't given up." Campos' daughter, Darlene Franco, who helps run the restaurant, said crime in the area is so bad that "merchants don't feel safe" and "people don't want to come to Fruitvale anymore." Franco said the restaurant was broken into a month after her father was killed and a man was shot outside the restaurant several weeks ago. She also said prostitutes plied their trade near the restaurant the day after her father's funeral.
"There's no respect by the villains," Franco said. She said she hopes the security cameras will help, adding, "Villains, you will get caught." Travel agency owner Hugo Guerrero said he hopes the cameras will fight crime. "For the first time, people in this neighborhood are scared," he said. Oakland police Officer Jorge Pereda said the cameras will not stop crime in the area but he thinks "they will help a lot."

Concord Man to Stand Trial

A Concord man was ordered to stand trial this week on charges including involuntary manslaughter in the dog-mauling death of his step grandson, but a judge declined to add a count of second-degree murder. Steven Hayashi, 53, will be arraigned Monday Aug. 1 on charges of felony child endangerment, maintaining a dangerous animal and involuntary manslaughter in connection with the death of 2-year-old Jacob Bisbee, Deputy District Attorney Mary Knox said.
Knox had asked that Hayashi also be charged with second-degree murder, and cited as a precedent the case of San Francisco resident Marjorie Knoller, who was convicted of murder after her dogs killed Diane Whipple in 2001. Judge Clare Maier ruled against the move on Thursday, however, instead adding the manslaughter charge.
"Judge Maier gave the evidence a lot of thought, and she found (in) the case I was relying on, the Knoller case, that the defendant's conduct there was more egregious with regards to their knowledge of the dangerousness of the dogs," Knox said. "She found that the evidence of this case did not quite rise to that level." Jacob Bisbee was killed on the morning of July 22, 2010, at Hayashi's home at 1785 Trailcreek Court. He lived there with his father and older brother, along with Hayashi, Hayashi's wife and their two teenage sons. The boy's father, Michael Bisbee, had left for work around 5:30 a.m.
Hayashi left with his son a couple hours later to play tennis, leaving Jacob, his 4-year-old brother and Hayashi's wife asleep upstairs. Around 8:45 a.m., Jacob went into the garage, where Hayashi kept three pit bulls, and was attacked. After he was found, he was taken to John Muir Medical Center, where he was pronounced dead. He suffered skull fractures and severe bleeding from multiple dog bites. Knox has argued that Hayashi knew the dogs were aggressive, particularly toward children, and that he did not take adequate steps to protect the children from the dogs. Hayashi's attorney, however, has argued that there was no evidence that Hayashi was responsible for the children when the attack happened or that he knew the dogs were vicious.

Bill Passes To Prohibit Conviction Based on Testimony of a Jailhouse Informant

A bill that would prohibit criminal convictions based solely on the uncorroborated testimony of a jailhouse informant has passed the state Assembly. The bill, SB 687, implements a 2006 commission recommendation that the state establish safeguards to protect against wrongful convictions based on informant testimony, the bill's author, state Sen. Mark Leno, D-San Francisco, said. "We know that when used properly, jailhouse informants can be a good investigative tool for prosecutors, but they can also be destructive, crime-producing and corruptive," Leno said. "SB 687 ensures that in-custody informant testimony is supported by corroborating evidence that connects the accused with the crime that was committed."
Other states have similar laws in place, and the Los Angeles District Attorney has adopted a voluntary policy requiring corroborative evidence when the testimony of an informant is used. "We have not had any problems obtaining convictions as a result of our policy and believe it has helped us to assure the reliability of witness testimony to avoid mistakes in criminal prosecutions," Los Angeles County District Attorney Steve Cooley said. The bill has the support of prosecutors including the San Francisco district attorney, and is co-sponsored by the California Public Defenders Association, California Attorneys for Criminal Justice and the American Civil Liberties Union. SB 687 passed the Assembly 47-26 Thursday, and now awaits a signature from Gov. Jerry Brown.

Sureno Gang Member Admits to Shooting Vallejo Man

An alleged Sureno gang member who told a California Highway Patrol investigator he fatally shot Vallejo musician Dewey Tucker on Interstate Highway 80 in 2010 also admitted fighting a rival gang member who was found stabbed to death in a Santa Rosa schoolyard in January. Raul Vega, 19, who is charged with both murders, said he and Juan Carlos Angel-Esparza, 20, fought at the Kawana Springs elementary school on Jan. 8, Santa Rosa police detective Bryan Reynolds testified Friday afternoon at a preliminary hearing in Sonoma County Superior Court. On Thursday, CHP violent crimes detective William Harm testified Vega admitted he shot Tucker from the passenger seat of a stolen Honda as Tucker drove by in a white Nissan on westbound I-80 near the Carquinez Bridge on Jan. 12, 2010.
Vega and three co-defendants went to the Vallejo apartment complex where Tucker lived looking for a rival gang member, according to the Sonoma County District Attorney's Office. When Tucker drove quickly past the defendants in his Nissan, Vega and 20-year-old Javier Juan Carreon-Lopez pursued him in the stolen Honda, believing he was the rival gang member, Harm testified. The other defendants, Hector Barragan and Christopher Mancinas, both 29, followed the Honda in a separate vehicle, Harm testified. Harm said Vega told him he learned the next day that he had mistakenly shot Tucker, whom neither he nor his co-defendants knew. Tucker, 24, who played bass for Lauryn Hill and Bobby Brown, was on his way to a music session that night, according to testimony during the hearing.
Reynolds testified Friday that Vega reluctantly admitted on Jan. 10 that he fought Angel-Esparza at the school south of Santa Rosa. Vega claimed Angel-Esparza, an alleged rival gang member from the Varrio Sureno Locos set of the Sureno gang, confronted him about his gang affiliation, Reynolds said. Vega said he identified himself as a member of the Angelino Heights sect, "and the fight was on," Reynolds said.

Danvill Police Search for Man Who Groped Teenage Girl

Danville police are hunting for a man who groped a teenage girl in a public park Thursday evening. The 14-year-old girl was walking past the tennis courts in Diablo Vista Park around 8:30 p.m. Thursday when she was approached by a man, police Lt. Jeff Moule said. The suspect approached the girl, grabbed her in an embrace and touched her chest "in an inappropriate way," Moule said. When the girl broke away and ran to a family vehicle, the suspect fled into a wooded area east of the park.
A search of the area was conducted using forensics technicians and dogs, but the suspect was not located. Police Friday released a sketch of the suspect created by a police artist, and will be canvassing the neighborhoods near the park looking for witnesses or information about the suspect. The suspect was described as an Indian man who is about 60 years old, 5 feet 2 inches tall, and has a medium build and a gray mustache. He was wearing a black tracksuit. Anyone with information on this case is asked to contact Detective Sgt. Allan Shields at (925) 314-3710 or ashields@danville.ca.gov.

$1 Million of Marijuana Plants Recovered

East Bay Regional Park police officers recovered about $1 million worth of marijuana plants early Friday morning when they raided a growing operation in a remote area of Las Trampas Regional Wilderness, police said. About 3,300 plants were recovered in the raid, which was conducted at about 4 a.m. at an area between Castro Valley and San Ramon, police said.
The growing operation had been found earlier during routine park patrols. An elaborate irrigation system tapped into the park's water supply was watering the plants. Grow operations are of particular concern to the park district since the suspects remove areas of native vegetation and use fertilizer, poisons and pesticides around the marijuana plants, according to police. The plants were taken to an undisclosed location and destroyed. Anyone with information about the growing operation is asked to East Bay Regional Parks Police at (510) 881-1833.

Bill Strengthens Legal Rights of Non-Biological Parents

A bill that would strengthen the legal rights of non-biological parents was approved by the state Senate Friday. The Protection of Parent-Child Relationships Act, AB 1349, passed the senate on a 23-14 vote and now awaits a signature from Gov. Jerry Brown. Written by Assemblyman Jerry Hill, D-San Mateo, and sponsored by Equality California and the Association of California Adoption Lawyers, the bill would allow courts leeway in cases where there is both a non-biological parent who has an established relationship with a child and a man who has signed a voluntary declaration of paternity. It was written in response to a ruling that said the courts could not recognize a non-biological parent who has raised a child if another man has signed a voluntary paternity declaration, even though the biological father had no relationship with the child and or any intention of raising him.
"Parenting is more than just biology," Hill said. "It's about nurturing and a sacred bond between and a child and a guardian that should not be severed by external forces." The law would also apply to situations where a same-sex couple has split up and the non-biological parent is seeking legal recognition. Currently, if a sperm donor has signed a declaration of paternity, the courts could not recognize the non-biological parent.
"It is critical that state courts take into consideration the established relationship between a parent and child when determining legal parentage," said Equality California Executive Director Roland Palencia. "This bill would protect families from being broken up by preserving children's established family relationships, and this includes LGBT families."

Bay Area Weather

The Bay Area is expected to be cloudy with fog and drizzle this morning, becoming partly cloudy, with highs in the mid 50s to lower 60s. Tonight is expected to be cloudy with fog and drizzle, with lows expected to be in the lower 50s.
Sunday is expected to be cloudy, with fog and drizzle expected in the morning, and highs expected to be in the mid 50s to lower 60s.

BICYCLE VS. PEDESTRIAN

A bicyclist struck a pedestrian at Embarcadero and Mission Street in San Francisco this morning, causing life-threatening injuries, police
said.
    Police were called to the scene of an accident at 8:33 a.m., police Officer Albie Esparza said.
    Officers found a bicyclist had struck a woman in her 40s who was crossing in the crosswalk, causing a life-threatening head injury.
Preliminary information suggests the woman was crossing legally with the light, Esparza said.
    The bicyclist remained at the scene and was being interviewed by investigators.
    Esparza said the bicyclist would face the same potential legal repercussions as the driver of any car involved in a collision with a pedestrian, if they were found to be at fault.
    "Every bicyclist in the city should be reminded each and every day that all the laws on the books apply to them too," Esparza said. "They need to stop at every stop sign and every stop light."

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UC Regents Approve 9.6% Tutition Hike to Close $650 Million State Budget Cuts

A 9.6 percent tuition increase for University of California schools was approved Thursday by a 14-4 vote of the UC Regents Board. Despite passionate reservations from several board members, the finance committee approved the tuition hike, an attempt to close $650 million in state funding cuts in the new state budget. The hike is the second tuition increase for UC students in the past eight months -- an eight percent increase was already added in November. The tuition increase will only affect about 55 percent of current students, according to UC officials, because of financial aid options given to students whose family income is less than $80,000 per year. The new fees will cover 26 percent of a $1 billion budget shortfall the UC system faces next year. The remaining funds will be made up through cuts to campus services and increased enrollment of out-of-state and international students, who pay higher tuition than California residents. Under the new tuition rates, and including all required fees, California resident undergraduate students will pay $13,218 per year and out-of-state students will pay $36,096. Graduate students in academic programs will pay slightly less, but their tuition will still be raised by 9.6 percent, to $12,824 for Californians and $27,926 for non-residents. Graduate students in professional programs, such as law and business, pay different tuition. UC Berkeley Chancellor Robert J. Birgeneau outlined Berkeley's strategy of increasing out-of-state and international enrollment to generate revenue. California residents receive a large tuition break, so increasing out-of-state enrollment generates significantly more funding. Birgeneau said UC Berkeley has kept California resident enrollment consistent over the last several years while increasing non-resident enrollment. He said that the extra revenue has allowed Berkeley to provide more services for all students. Despite the advantages of increasing out-of-state enrollment, several board members worried that if the cuts continue, the university would be forced to turn more and more California residents away in favor of students that pay higher tuition.

BART Directors Frustrated with Slow Pace of Charles Hill Shooting Investigation

Several BART directors expressed frustration Thursday at the slow pace of the investigation into a July 3 incident at San Francisco's Civic Center station in which BART police shot and killed a knife-wielding man. Director James Fang said one of the lessons from the fatal shooting of Oscar Grant III at the hands of a BART police officer at the Fruitvale station on Jan. 1, 2009, is "to get in front" of the situation and quickly release information to the public. Board president Bob Franklin said, "There's frustration in the amount of time it takes." BART Police Chief Kenton Rainey said the investigation into the death of 45-year-old Charles Hill is taking time because authorities are still interviewing witnesses to the shooting. He said 40 witnesses have been identified and only about 20 have been interviewed so far. Rainey has said that BART police shot Hill because he was armed with a broken bottle and at least two knives, and was using them as weapons. Hill's has sparked an outcry by some, including about 100 demonstrators who disrupted service at the Civic Center station and two other San Francisco stations during the evening commute on Monday. Richard Kales, a real estate agent from San Mateo who works in San Francisco, was one of three speakers at Thursday's meeting. He said he has "the utmost empathy" for Hill but that he thinks Monday's protest was conducted by "reactionary groups and anarchists who are disrupting the public's right to get from point A to point B." Kales said the investigation into Hill's death "should be conducted by the proper authorities, not by people who are running amok in the streets." He said he thinks the protesters' tactics on Monday have "caused animosity" among most BART riders.

Suspect Admitted Killing Musician Dewey Trucker, according to CHP Detective

One of four men charged with the Jan. 12, 2010, fatal freeway shooting of Dewey Tucker last year admitted killing the musician, a California Highway Patrol violent crimes detective testified at a preliminary hearing in Sonoma County Thursday afternoon. Raul V. Vega, 19, of Santa Rosa, said he turned sideways in the passenger seat of a stolen Honda, pointed the gun at the door of Tucker's white Nissan in the next lane and fired three to five times, CHP Officer William Harm said. Vega said he had both hands on the gun and pulled the trigger with two fingers, Harm said. Tucker was shot in the head. His Nissan collided with the concrete center median, then with the right guardrail on westbound Interstate Highway 80 near Hercules. The bass player for Lauryn Hill and Bobby Brown had been on his way to band practice. Harm said Vega told him during a Jan. 8, 2011, interview at Santa Rosa police headquarters that Javier Ivan Carreon-Lopez was driving the Honda that had been stolen earlier in Vallejo. Harm testified Vega said co-defendants Hector Barragan, 29, and Christopher Mancinas, 29, were following him and Carreon-Lopez in a separate vehicle, Vega said. All four Santa Rosa men are charged with the gang-related murder. There was a rivalry between the Angelino Heights and Varrio Sureno Locos sects of the Sureno gang in southwest Santa Rosa at the time of Tucker's murder, and the defendants mistook Tucker for a rival Sureno gang member who was living in Vallejo, according to the Sonoma County District Attorney's Office. Harm said Mancinas told him in an Oct. 21, 2010, interview that there was a meeting at Barragan's house on Jan. 12, 2010, with the intention of brokering a peace between the two factions. Sheriff's office detective Brandon Cutting testified Thursday that rival Varrio Sureno Locos gang members had targeted Barragan, his brother and Mancinas, who are alleged Angelino Heights gang members, for murder. The hearing resumes this morning.

Kevin Mack of UCSF Killed in Shuttle Bus Crash Mourned by Students, Colleagues

Students and colleagues are mourning the loss of Kevin Mack, a doctor and associate professor at the University of California at San Francisco's Department of Psychiatry, who was killed in a shuttle bus crash early Thursday morning. The shuttle was taking Mack and about 15 others to work at San Francisco General Hospital around 6:20 a.m. when it collided with a big-rig that was headed north on Octavia Boulevard at Oak Street in the city's Hayes Valley neighborhood, police Lt. Troy Dangerfield said. Mack, 52, was ejected in the crash and landed underneath the big-rig, which was carrying several cars, Dangerfield said. He was pronounced dead at the scene. Three other passengers -- two women and a man -- were injured in the crash and were taken to San Francisco General Hospital for treatment. Mack's peers remember him as an inspiration to students and faculty members who reminded them to consider the bigger picture. "He had a strong commitment to global health and to medical education in resource poor settings," said Sue Carlisle, associate dean at the UCSF School of Medicine at San Francisco General Hospital. Mack looked beyond his work at UCSF, where he was an advisory college mentor, to identify mental health needs in other communities. "He worked with the World Health Organization developing problem-based learning programs for use in Africa and the South Pacific," UCSF School of Medicine Dean Sam Hawgood said. Revered by colleagues as a gifted educator and an expert in bipolar and psychotic disorders, Mack also served as the director of Educational Technology and Faculty Development in the UCSF-Berkeley Joint Medical Program. Mack studied medicine at the University of Hawaii, and completed his residency at Harvard, according to his faculty biography at the UCSF website, where he described himself as an educator first, and a doctor second. "I'm basically an educator at heart, who chose medicine as a career after deciding that gay teachers weren't going to be 'safe' professionally for several decades," he wrote. Mack is survived by his husband and their two children.

California Becomes 1st U.S. State to Require Public Schools to Teach LGBT History

California Thursday became the nation's first state to require its public schools to teach students about the history and contributions of gay, lesbian, bisexual and transgender people. The new law, SB48, was signed by Gov. Jerry Brown Thursday and will take effect in January. "History should be honest," Brown said in a statement. The measure authored by Sen. Mark Leno, D-San Francisco, adds LGBT groups to a list of cultural and ethnic categories that school districts have previously been required to describe accurately and fairly in social studies classes. Previously listed categories include minority groups and women. "Thursday we are making history in California by ensuring that our textbooks and instructional materials no longer exclude the contributions of LGBT Americans," Leno said. Changes in textbooks used in California schools are not expected to appear until the 2015-16 school year, when the next round of textbook revision in the state will be put in place. In the meantime, Leno said, the law also requires teachers to include lessons about the role and contributions of LGBT people, but gives them wide latitude in deciding how to do so and does not require specific lesson plans. "School districts have the ability to choose which textbooks and supplemental materials to use and teachers have the ability to create lesson plans. Specific material will vary from classroom to classroom," Leno said during a telephone news conference. Leno and gay leaders said during the phone conference that they expect the measure to help gay students by promoting greater understanding of homosexuality and thereby reducing harassment and bullying. "It will improve students' safety and create an atmosphere of respect for all California students," said Roland Palencia, executive director of Equality California. The measure was opposed by traditional-family groups, including Sacramento-based SaveCalifornia.com, whose director, Randy Thomasson, called the new requirement "immoral indoctrination." "Jerry Brown has trampled the parental rights of the broad majority of California mothers and fathers who don't want their children to be sexually brainwashed," Thomasson said.

Defense Argues Burns Inflicted on Baby Dropped on Hot Oven Were "Explainable as an Accident"

The defense attorney for a Daly City man accused of dropping his 17-month-old son into a hot oven told the jury that the second- and third-degree burns inflicted on the child's lower legs were "explainable as an accident." Mara Feiger broke into tears during her closing arguments in the San Mateo County Superior Court trial of Gregory Colver, 20, who is on trial for felony child endangerment and felony child abuse with a special circumstance of causing great bodily harm. Colver has been accused of trying to teach his son a lesson about the dangers of a hot stove by dangling him above an open range in their Daly City kitchen on December 28, 2010, and dropping him on the hot oven rack when the boy began to squirm. The boy was taken to Seton Medical Center with multiple vertical and horizontal burn marks, each about two or three inches long, on the sides and backs of his lower legs. The defense maintained that the boy -- who was prone to climbing on the oven -- managed to hoist himself on top of the stove, turn on the range, and then fall, burning his legs on the heated inner racks and a cookie sheet on the way down. "It is a three-dimensional environment and this is a kid in motion," Feiger said, pleading with the jury to move beyond the emotional impact of seeing graphic photos shown by the prosecution of multiple fresh burns on the boy's legs and understand that accidents happen. "There are lots of accidents that happen with children that don't involve criminality," Feiger said. The defense also sought to unravel Colver's confession, which he made to investigators while he was in custody on Dec. 30. Feiger said the investigator in charge of "interrogating" Colver was "icky" and a "cowboy," and that the confession only came about from the use of questionable interviewing tactics on a sleep-deprived, overly suggestible Colver. The jury of three women and nine men began deliberating Thursday afternoon. Colver, who is out of custody on $100,000 bail, faces up to nine years in prison if convicted.

Man that Intentionally Drove Wrong Way on Highway 17, Killed Woman Charge with Murder

A man suspected of intentionally driving the wrong way on state Highway 17 in Santa Cruz earlier this week and crashing head-on into the vehicle of 48-year-old Ana Barajas has been charged with murder in her death. Eric Weers, 28, of Soquel, faces one count of murder with a special allegation for probation ineligibility in connection with Barajas' death on Monday, according to his public defender William Weigel. The crash happened at about 3:10 p.m. on southbound Highway 17 near where it connects with state Highway 1, according to the California Highway Patrol. Barajas was driving south on the highway when Weers allegedly drove his silver Acura SUV head-on into her maroon Chrysler sedan. She was pronounced dead at the scene. Weers' SUV caught fire, but he managed to escape unharmed, CHP Officer Hatcher said. A preliminary investigation indicated that the collision was intentional but that Weers chose Barajas' car to crash into at random, Hatcher said. Alcohol and drugs do not appear to be factors in the crash, he said. If convicted as charged, Weers faces 15 years to life in prison, Weigel said. He will return to court for a plea hearing on July 28. Barajas was a Santa Cruz resident and single mother of four, according to the Santa Cruz County District Attorney's Office. District Attorney Bob Lee offered condolences to Barajas' family in a statement released on Wednesday. "This senseless horrific act must be held appropriately accountable," Lee said. "Our thoughts and prayers go out to Ms. Barajas' family and friends."

Teen In Critical Condition After Rescue from Tennessee Beach Waters

A 17-year-old girl remains in critical condition Thursday morning after she was rescued along with two other teens from the waters near Tennessee Beach on Wednesday evening, according to the U.S. Coast Guard. The teenager and three other friends were attempting to climb to Tennessee Cove around 5:45 p.m. when a large wave knocked three of them off a rock into the water, Golden Gate National Recreation Area spokeswoman Alexandra Picavet said. The 17-year-old was swept out the furthest and was struggling against a rip current when a Petaluma man in his 40s dived into the water to bring her closer to shore, Picavet said. "Unfortunately, the good Samaritan needed our help since he was in a precarious place that was unsafe because of the currents and waves," she said. The Coast Guard sent a helicopter from Air Station San Francisco, which arrived within 20 minutes, along with a 47-foot motor lifeboat from Station Golden Gate. A rescue swimmer was lowered from the helicopter to administer first aid to the girl. The Southern Marin Fire Protection District also assisted with the rescue. A California Highway Patrol helicopter then transported the teen to John Muir Medical Center in Walnut Creek, where she remains in critical condition as of about 11:30 a.m. Thursday, Coast Guard Lt. Chris Hanzlick said. The two other teenagers swept into the water, a boy and a girl, were also taken to the hospital to be treated for minor injuries, Picavet said. It appears the four teens, who range in age from 17 to 18 years old, were not trying to swim in the water, she said. The National Park Service lists Tennessee Beach as not suitable for swimming. "If you try to cross through to the cove, you need to know what the tide is doing," Picavet said. "It isn't an easy place to get out of if tide comes up, not mention the danger of rogue waves."

San Jose Police Investigate Travel Agency Fraud Scheme Targeting Vietnamese

San Jose police are investigating a travel agency fraud scheme in which several members of the Vietnamese community were targeted. Numerous members of the Vietnamese community called police on June 29 to report that they had been defrauded from 2010 to 2011 by the owner of Asia Travel & Tours travel agency at 1816 Tully Road, according to police. They alleged that the travel agency owner promised them he would purchase airfare and make travel arrangements in exchange for their money, but he kept the money and did not render the services, police said. Some of the victims realized they had been duped last month after arriving at the airport and discovering that the owner of the travel agency had not purchased airline tickets or made other travel arrangements for which they had paid, police said. The agency has since closed its doors for business, and the owner's whereabouts are unknown, police said. Investigators are in the process of seeking an arrest warrant for the owner. Police believe there are additional victims who purchased travel services months in advance and paid the owner for the services last year. Victims may file a report at the San Jose Police Department, located at 201 W. Mission St., San Jose. They are asked to reference case No. 11-184-9514 and provide as much documentation or transaction receipts as possible. Anyone with information is asked to contact Detective Hau Ngo at (408) 277-4521. Those wishing to remain anonymous can call the Silicon Valley Crime Stoppers at (408) 947-STOP (7867) or visit their website at www.svcrimestoppers.org.

AT&T to Host International Soccer Match Between Manchester City & Club America

AT&T Park officials are hoping an international soccer match scheduled for this weekend will prove that the home of the Giants is also a world-class soccer venue. England's Manchester City will take on Mexico's Club America on Saturday evening during a friendly match leading up to the Football Association Cup, an English premiere league tournament. The match will be only the seventh soccer game ever hosted at AT&T Park -- and one of the few held during baseball season -- but Jorge Costa, senior vice president of ballpark operations, said he was excited about the challenge of creating a temporary soccer pitch. "I would like to establish this as a venue for soccer," he said. "I want to show we can do this whether it's in season or not." Ballpark crews had to remove the portable baseball mound and clear away an inch of dirt before laying about 9,000 square feet of sod, Costa said. The process took about a day and will need to be reversed as soon as the match ends on Saturday so the field is Giants-ready for Monday's game against the L.A. Dodgers. "We had to remove the dirt to make it even so the ball rolls flat and has even bounces," Costa said. "We bought the sod especially thick and have spent a lot of time on hands and knees" lining it up. The goals had not been erected yet Thursday morning but will run parallel to the third base line so most of the audience will have a better view of the game, Giants spokesman Jens Weiden said. The franchise has been working closely with the British consulate to promote the game, and unique requests -- including whether fans can bring drums and vuvuzelas -- have poured in all week, he said. "We're going to have a separate line for fans with drums," Weiden said. "We're hoping to get a new type of fan in to AT&T -- maybe they'll come back for a Giants game next week."

 A taxi driver was robbed at knifepoint in San Francisco's Lower Pacific Heights neighborhood early this morning, police said.
    The robbery occurred shortly before 1:50 a.m. near the intersection of Sutter and Baker streets.
    The cabbie, a 70-year-old man, had picked up the suspect and driven him to that intersection, according to police.
    When they arrived there, the suspect pulled out a knife, put it to the driver's throat and demanded money, police said.
    The victim complied, and the suspect, described only as a man in his 50s, got out of the cab and fled with the cash, according to police.
    The cabbie was not injured in the robbery.
    Anyone with information about the case is encouraged to call the Police Department's anonymous tip line at (415) 575-4444 or send a tip by text message to TIP411.

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   A legal group is hosting a dinner in San Francisco tonight to
honor individuals who have demonstrated a commitment to ending gun violence, including Dr. Peter Rhee, the trauma surgeon who treated Congresswoman
Gabrielle Giffords after she was shot in Arizona in January.
    Rhee will receive the Distinguished Leadership Award and will speak at tonight's Legal Community Against Violence dinner.
    Los Angeles Mayor Antonio Villaraigosa will be the keynote speaker at the event, which also commemorates the 18th anniversary of the tragic shooting at 101 California St. in San Francisco that left nine dead and five injured.
    The 1993 shooting led to the founding of Legal Community Against Violence, which started in the Bay Area and has since become a national organization, organizers said.
    Tonight's dinner is taking place at the Sheraton Palace Hotel.

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Key Witness in MS-13 Gang Trial Convicted for Lying About Involvement in Murders

A Honduran man who prosecutors hoped would be a star witness in an MS-13 gang trial has been convicted in federal court in San Francisco of lying about having taken part in eight murders in his native country. Former MS-13, or Mara Salvatrucha, gang member Roberto Acosta was convicted by a jury in the court of U.S. District Judge Charles Breyer on Tuesday of making a false statement to federal authorities. He will be sentenced by Breyer on Oct. 5 and faces up to five years in prison. Acosta, whose gang nicknames were "Zoro" and "Little Bad Boy," became an informant and infiltrated a San Francisco branch of the gang in 2005 and 2006 and again in 2008, when he returned illegally to the United States after having been deported. Federal prosecutors had expected him to give key testimony at the current racketeering and murder conspiracy trial in San Francisco of seven members of MS-13's 20th Street Clique, which was based at the 20th and Mission streets in the city. That trial began in April in the court of U.S. District Judge William Alsup and is expected to continue into August. But in February, Acosta told a federal prosecutor and immigration agents for the first time that he had taken part in eight gang-related murders in Honduras in 2003 and 2004, participating directly in five and arranging for three others. Acosta had not previously disclosed those murders to his handlers, despite repeatedly having been asked to reveal previous acts of violence, according to a trial brief filed by prosecutors. Prosecutors then cancelled plans to use Acosta as a witness. On March 29, a week before the gang trial began, they obtained a grand jury indictment accusing him of lying. "Acosta's failure to disclose his participation in the eight murders, despite repeated questions about the same, form the basis of the charge against him," Assistant U.S. Attorney Christine Wong wrote in the trial brief filed this month.

Chilean Government Helps Boost Reward for Info About Killer of Adolfo Ignacio Celedon Bravo to $20,000

A contribution from the Chilean government has boosted the reward for information leading to the killer of Adolfo Ignacio Celedon Bravo to $20,000, according to Berkeley police. Bravo, a Chilean citizen, had recently moved to Berkeley to be with his fiancee when he was shot during a robbery attempt in the early morning of Sept. 12, 2010. The City of Berkeley and the Bay Area Crime Stoppers previously had offered a reward of $17,000, but the Chilean government has added to that reward following strong interest from the people of Chile. Berkeley police spokeswoman Sgt. Mary Kusmiss said Bravo's story was covered extensively by major news outlets in Chile. "It was of great interest to the Chilean community. A promising young man coming to the United States to follow his dreams," she said. "We receive emails every other week from four different national media outlets in Chile asking for information," Kusmiss said.

SJ Tech Museum Invites Harry Potter Fans to Premiere Party

Fans of the beloved "Harry Potter" film series are invited to dress as their favorite character and come to the Tech Museum in San Jose today for a premiere party celebrating the end of the decade-long franchise. Fans will likely start lining the red carpet for the sold-out party early in the day, but the party inside the museum begins at 10 p.m., followed by a 12:01 a.m. premiere of "Harry Potter and the Deathly Hallows: Part 2." Hagrid, a big-bellied character who is over 7 feet tall, is expected to emerge from his one-room hut to greet and entertain fans while they wait. Prizes will be given to the first person in line and the person with the best costume, as well as for in-theater trivia games and a literary quest. Inside the museum, fans will be treated to chocolate frogs, sweet pumpkin pasties and swigs of non-alcoholic butter beer amid music from the film series. They can take photos with life-size standees in a room designed to look like The Great Hall. Roqua Montez, a spokesman for the museum, said he anticipates an attendance of anywhere from 300 to 400 fans. "When we put the tickets on sale, they sold out in 90 minutes," he said. To accommodate fans that could not get tickets to the first show, an additional screening was added for 2:30 a.m. As of Wednesday afternoon, 40 tickets, each priced at $12, remained for that time slot. The film, which marks the final confrontation between the wizards Harry Potter and Lord Voldemort, will be screened at the eight-story Hackworth IMAX Dome Theater.

Death Penalty Will Not be Sought for Fisherman's Wharf Souvenir Shop Worker

A San Francisco prosecutor said Wednesday that the death penalty will not be sought against a Fisherman's Wharf souvenir shop worker accused in the January killings of two employees at a neighboring business. Hong Ri Wu, 56, is suspected of shooting Feng Ping Ou, a 30-year-old woman, and Qiong Han Chu, a 30-year-old man, at about 8:20 p.m. on Jan. 30 inside the souvenir and luggage shop where they worked at 269 Jefferson St., police said. He pleaded not guilty to charges in the case. Wu is accused of walking into the victims' store and shooting them both. He worked at a nearby competing store and knew Chu and Ou, who died inside the store. A gun believed to be the murder weapon was recovered at the scene. During a mental competency hearing for Wu in San Francisco Superior Court Wednesday morning, Prosecutor Linda Allen said the district attorney's office would not seek the death penalty. Last month, Wu's attorney, Deputy Public Defender Kleigh Hathaway, said in court that after conversations with her client, she had doubts about his mental competency to understand the nature of the charges or assist in his own defense. A judge suspended criminal proceedings while a forensic psychologist assessed whether Wu was mentally competent, and following Wednesday's hearing, Hathaway said the psychologist's report found he was not competent to stand trial. During Wednesday morning's hearing, Wu asked for a hearing later Wednesday on the right to change his attorney from Hathaway, who was court-appointed, because "he was not satisfied with my legal representation of him," Hathaway said. That motion was denied by Judge Wallace Douglass at a hearing Wednesday afternoon. When Wu returns to court on July 25, prosecutors will decide whether to seek a trial on his mental competency or allow him to go to a medical facility to get treatment, "which is my wish," Hathaway said. "What's gradually coming to light is that Mr. Wu is mentally ill," she said.

4 Bay Area DA's Reach Settlement Against Dele ware Company Accused of Underpaying for Recyclables

Four Bay Area district attorney's offices have reached a settlement against a Delaware company accused of underpaying consumers for their recycled materials. Tomra Pacific Inc., which operates recycling centers outside grocery stores in California, did not admit liability or wrongdoing when it agreed to a $662,244 settlement with the district attorneys officers in Napa, Sonoma, Contra Costa and Santa Cruz counties. The company was accused in a civil complaint of underpaying consumers by inaccurately weighing the empty barrels used to determine the weight and monetary value of consumers' recyclable materials they contained over a four-year period, according to a news release by Sonoma County District Attorney Jill Ravitch. The company complied with the investigation and will pay $662,244 in civil penalties, costs and restitution, Ravitch said. The judgment against Tomra Pacific Inc. requires it to implement new procedures to weigh the barrels. The new system requires that each transaction start with an empty barrel and that the "tare" weight be set to the weight of that barrel before recyclable materials are added and the barrel is weighed again to determine the gross weight. The weight and value of the recyclable materials are then determined by subtracting the tare weight from the gross weight. The new system must be in place starting Sept. 1. The civil complaint did not specify how the weight inaccuracies occurred. The settlement also requires Tomra Pacific Inc. to start a "secret shopper" program using a Tomra Pacific Inc. employee to ensure the tare weight is taken in every transaction for the specific container used by each consumer. The company also must ensure the weighing instruments were sealed before being placed in operation and that they are accurate.

Teenager Accused of Killing Baby Pleads Not Guilty

A 17-year-old boy accused of fatally shooting an infant in East Palo Alto last month pleaded not guilty to murder in San Mateo County Superior Court Wednesday afternoon. Fabian Zaragoza, wearing a yellow jail jumpsuit with his long hair in a ponytail, entered his plea before Judge Barbara Mallach as the 3-month-old victim's parents -- Ivonne Garcia Lopez and Oscar Jimenez, of Redwood City -- sat in the front row of the courtroom. "I'm not guilty," Zaragoza said. Zaragoza is suspected of lying in wait with another gunman and firing as many as 15 gunshots into the family's car as they left an East Palo Alto baby shower on June 5, according to police. Baby Izack Jesus was shot in the head, and later died at a hospital. The infant's parents were both wounded. Investigators believe that Zaragoza and an accomplice targeted the family after mistaking them for Sureno gang members who had assaulted Zaragoza in Redwood City on May 31. In addition to murder, Zaragoza has been charged with two counts of attempted murder with the infliction of great bodily injury, along with the special circumstances of lying in wait and the use of a firearm in the commission of the crimes. He is being held without bail and faces life in prison if convicted. Zaragoza is scheduled to reappear in court Aug. 10 to set a preliminary hearing date.

Berkeley Developer Sets Final Deadline to Reach Agreement on Reopening Oakland Parkway Movie Theater

A Berkeley developer interested in reopening the Oakland Parkway movie theater has set a final deadline for Friday to reach an agreement with the building's owner. J. Moses Ceaser, who has been negotiating to reopen the vacant theater at 1843 Park Blvd. since October, said he has submitted a lease to the building's owners and if they do not accept the terms of that lease, he will seek another location to develop. "The whole process with the landlord has been frustrating," said Ceaser. He said that more than 40 investors are involved in the effort to reopen the popular theater, which closed in early 2009, and that the investors have grown impatient with the slow pace of negotiations. "They're just kind of tired of dealing with these landlords," he said of the other investors involved. "We're very comfortable to walk if we don't get the deal done by Friday," he said. The building is owned by Yan Cheng of Ming WA LLC and has been vacant since closing in early 2009. A representative from Ming WA LLC declined a request for an interview. The theater was a unique destination in Oakland that served pizza and beer, offered older movies at discount prices, and would hold special events like screenings of "The Rocky Horror Picture Show." Ceaser said that his first choice is to open the Parkway in its old location on Park Boulevard because of the previous theater's success there and because of its popularity with Oakland residents. "Oaklanders have been waiting for a long time to get their theater back," he said. One condition of his proposed lease is that he and the other investors will control the renovation process. Ceaser said the reason for this condition is because the building owners have been uncommunicative and have missed several deadlines in the negotiation process, so he would be more comfortable handling the business personally.

Menlo Park Teenager Shot, Dies of Injuries

A 19-year-old Menlo Park woman who was shot in East Palo Alto early Wednesday morning has died, police said. Catherine Fisher was sitting in a car with a male and another female in the 2500 block of Annapolis Street when she was shot at about 2:10 a.m., acting Capt. Jeff Liu said. She was taken to Stanford Hospital, where she was being treated for her injuries. She succumbed to those injuries and was pronounced dead at the hospital, Liu said. The car's other occupants were not hurt. Liu said it is too early to tell whether the trio had been targeted and whether the shooting was gang-related. Police were working Wednesday morning to identify the shooter. Anyone with information about the shooting is asked to call or text (650) 409-6792 or email epa@tipnow.org. An anonymous voicemail may be left for investigators by calling the same phone number. Liu said it was the city's fourth homicide this year.

Antioch Police Arrest 2 men for Gunning Down Teenager

Antioch police arrested two men Tuesday night for the murder of a 19-year-old Antioch man who was gunned down on a sidewalk in May. The shooting happened May 22 in the 2300 block of D Street, and officers responding to calls of a shooting found the victim, Bridain Harold, lying on the sidewalk with gunshot wounds. He was taken to a hospital, where he died. Witnesses helped lead police to the two 21-year-old suspects, Steven Abundis, a Pittsburg resident, and Antonio Esquivel, a transient with a last known address in Pittsburg, police said. Officers obtained arrest warrants for the men and, on Tuesday, they spotted Esquivel driving in Antioch and arrested him. Later that night, detectives arrested Abundis as he was driving in Oakley. When officers searched his car, they allegedly found a loaded 9 mm pistol hidden in the driver's side door panel, police said. Abundis' vehicle was also identified as the vehicle used during Harold's murder, police said. After arresting Abundis, detectives served a search warrant on a home in Pittsburg where Abundis lives with his parents. The search turned up an AK-47-style assault rifle, a .22-caliber rifle and about a pound of marijuana, all of which allegedly belonged to Abundis, police said. Investigators interviewed the two men throughout the night, and Esquivel allegedly confessed to shooting and killing Harold, police said. He told officers that he did not know the victim and that he threw the gun used in the shooting in the trash somewhere on Buchanan Road in Pittsburg, police said. Esquivel also allegedly told investigators that he and the victim had been involved in a confrontation among members of two opposing groups in October 2010 on the Antioch waterfront, police said. Esquivel allegedly told officers that during the confrontation, the victim tried to throw him off a wall above some railroad tracks, police said. Esquivel said he was able to hold on to a rail until his friends came to help him. One of his friends allegedly stabbed Harold.

A man found shot to death in San Francisco on Monday night has been identified by the medical examiner's office as 20-year-old Sean Wilson.

Officers responded at 11:22 p.m. Monday to a report of shots fired in the 500 block of Webster Street, a few blocks from Alamo Square.

They arrived to find Wilson, a San Francisco resident, who had been shot in the head. He was pronounced dead at the scene, police said.

No arrests have been made in the case, police spokesman Officer Albie Esparza said.

Anyone with information about the case is encouraged to call the Police Department's anonymous tip line at (415) 575-4444 or send a tip by text message to TIP411.

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