San Francisco Bay Area Saturday News Roundup

Submitted by Reset News Feed on Sat, 02/18/2012 - 12:35pm

Trial Date Set For Giselle Esteban Murder Charge

A judge Friday set a Sept. 17 trial date for Giselle Esteban on a charge that she murdered nursing student Michelle Le.

In a twist of fate, Sept. 17 is the one-year anniversary of the day that Le's remains were found in a remote area between Pleasanton and Sunol.

Le, a 26-year-old San Mateo woman who was attending Samuel Merritt University in Oakland, had disappeared from Kaiser Permanente Medical Center in Hayward on May 27.

Esteban, a 28-year-old Union City woman who attended high school with Le in San Diego, was charged with Le's murder on Sept. 8 -- before Le's body was found -- based on DNA evidence and cellphone records.

An Alameda County criminal grand jury indicted Esteban on an identical murder charge on Dec. 14 at the end of a three-day hearing. Prosecutors sought the indictment to try to speed up her trial.

The indictment allows prosecutors to bypass the step of having a preliminary hearing at which a judge determines if there is enough evidence against a defendant for a case to proceed to trial.

Esteban, who is being held at the county jail without bail, is scheduled to return to the courtroom of Alameda County Superior Court Judge Carrie Panetta on March 5 for a hearing on several pretrial motions.

According to the transcript of the grand jury's hearing, prosecutors believe that Esteban stalked and murdered Le because she blamed Le for wrecking her relationship with Scott Marasigan, who is the father of Esteban's daughter.

Esteban gave birth to a second child in November while she was in custody but the father of that child hasn't been disclosed.

Baby Taken From Eden Medical Center In Castro Valley Returned

A newborn baby who was taken from Eden Medical Center in Castro Valley by her father Friday afternoon was returned safe Friday night.

The 18-year-old father took his 2-day-old baby at about 1 p.m., before the baby was medically cleared by a pediatrician, hospital officials said.

Hospital officials said the baby's mother and father were waiting for the pediatrician when the mother stepped away and the father left with the newborn.

The baby was returned Friday night, and sheriff's officials said everyone was healthy and safe. No arrests were made.

Earlier Friday, sheriff's officials said they were not handling this situation as an infant abduction.

San Francisco Police Officer Charged With Assault

A San Francisco police officer was charged Friday with assaulting a woman he was dating during an off-duty incident in January, a district attorney's office spokeswoman said.

Richard Soares was charged with felony assault and misdemeanor domestic violence battery in connection with the Jan. 7 incident, which occurred at the Slide nightclub at 430 Mason St., prosecutors said.

Soares allegedly pushed the woman, causing her to hit her head and suffer a 1-inch laceration to the back of her head, district attorney's office spokeswoman Stephanie Ong Stillman said.

He could be arraigned on the charges, which carry a maximum sentence of four years in state prison, as soon as Tuesday, Stillman said.

Police spokesman Officer Carlos Manfredi said that Soares, who worked in the department's field operations bureau, has been placed on unpaid administrative leave.

San Jose Police Announce Two Arrests In Connection With Stabbing Death

San Jose police Friday announced the arrest of two men in connection with the stabbing death of a 40-year-old man last week.

Christopher Burnias, 20, and Rudy Nunez, 21, were arrested on suspicion of stabbing Donald Mendez on the evening of Feb. 9.

That night, Mendez was dropped off about 6:50 p.m. at Kaiser Permanente San Jose Medical Center, where he later succumbed to his injuries, police said.

Investigators have determined that Burnias and Nunez were neighbors of Mendez and that both were at Mendez's home on Esteban Way on the evening of the stabbing.

Burnias and Nunez, both San Jose residents, were booked into Santa Clara County Jail.

Anyone with information about the case is asked to call Detective Sgt. Merlin Newton or Detective Juan Vallejo at (408) 277-5283. Those wishing to remain anonymous can call the Silicon Valley Crime Stoppers at (408) 947-STOP (7867) or visit www.svcrimestoppers.org.

Oakland Man Convicted Of First-Degree Murder

An Oakland man has been convicted of first-degree murder for fatally shooting a man during a botched attempt to steal marijuana from the victim.

An Alameda County Superior Court jury deliberated for less than a full day before delivering its verdict on Thursday afternoon against Tyrrell Hill, 32, for the death of 28-year-old construction worker Kenny Holowatch.

Holowatch was shot in front of his home at 1103 Chester St. in West Oakland at about 1:35 p.m. on June 12, 2009.

In addition to murder, jurors convicted Hill of two special circumstances: murder during an attempted robbery and murder during a burglary.

He will face life in state prison without the possibility of parole when he is sentenced by Judge Joseph Hurley on April 20.

Prosecutor Mark Jackson said Hill and three other suspects came to the house where Holowatch and his girlfriend were living after learning that Holowatch was growing marijuana that he planned to sell to medical marijuana dispensaries.

Holowatch's home was burglarized several weeks before the fatal shooting and the people who committed the burglary apparently told Hill and his associates that there was a large quantity of marijuana inside, Jackson said.

Hill and his associates tried to break into Holowatch's home and steal the marijuana but Holowatch and his girlfriend ran out of the house and then got into a confrontation with the suspects outside, according to Jackson.

The prosecutor said Hill shot Holowatch and then a second suspect also shot Holowatch, who died shortly after the shooting.

Jackson said it's not clear who the second shooter was, but he thinks it might have been 20-year-old Albert Tisdale, who will be prosecuted separately on a murder charge later this year.

The other two suspects have not been identified or arrested, he said.

11 Years Ago Mark Harvin Broke Into Assemblyman Jerry Hill's Home

Mark Harvin was 18 years old when, high on crystal meth and alcohol, he broke into the garage of Assemblyman Jerry Hill, a San Mateo County supervisor at the time, nearly 11 years ago.

Hill noticed a broken window and banging sounds coming from the detached garage and used his training in the martial arts to subdue Harvin until authorities arrived.

Harvin, who had once been a high-performing student until he discovered alcohol and speed as a teenager, went to jail and bounced in and out of drug and alcohol rehabilitation programs.

The two men never saw each other again.

Until Friday, when Hill and Harvin, now an assistant manager at Project 90, a San Mateo substance abuse program that he credits with saving his life, had an emotional face-to-face meeting.

"Jerry was taken with a lot of emotion by how much this man has made of his life," Hill's spokesman Aurelio Rojas said.

A few weeks ago, Harvin requested to see Hill because part of his rehabilitation requires contacting those whom he hurt during his drug-fueled haze. Harvin has been clean for the last four and a half years.

"It finally clicked when he entered Project 90," Rojas said. The nonprofit was established 40 years ago with funding from the county, and it has grown from a two-bedroom apartment in San Mateo to treating alcoholics and addicts with hundreds of beds across the Bay Area.

Hill, who has been a longtime supporter of Project 90, agreed to the meeting, in part, because Harvin's story demonstrates the nonprofit's success, especially in a time of small financial means.

Providing treatment and rehabilitation through programs such as Project 90, however, is often less expensive than simply incarcerating addicts and alcoholics.

"These are periods in which nonprofits like Project 90 have had trouble keeping their doors open," Rojas said.

The nonprofit's executive director, James Stansberry, also attended the reunion, which took place at Project 90's office in San Mateo Friday morning.

City Of Oakland Looks To Hire Police Officers

The City of Oakland, despite recent plans to trim at least 105 employees from its ranks, is looking for a few good men and women to join the police force.

According to police spokeswoman Cynthia Perkins, the department loses about four officers per month, on average, to attrition. The department is currently recruiting for police officer trainees.

In January, Mayor Jean Quan proposed laying off at least 105 city employees to cope with the state's decision to eliminate redevelopment agencies statewide.

According to City Administrator Deanna Santana, the city received $28 million annually in redevelopment funds that was used to completely fund 159 positions and to partially fund another 69 positions.

Quan said that the layoffs would not impact core services, such as those provided by sworn personnel in the city's police or fire departments.

"It doesn't appear that the layoffs have impacted this recruitment effort," and the department has already received hundreds of applications, Perkins said.

"Our recruitment efforts for this academy have been very successful so far," she said. In December, the police department began its first police academy since the City Council voted to lay off 80 officers in July 2010 in a budget-cutting move.

The city is aiming to hire about two dozen new officers, including the 10 who entered the academy in December and four former officers who were laid off in 2010, thanks to a $10.7 million grant from the U.S. Department of Justice.

Anyone interested in applying has until March 5 to do so and can find more information on the city's website, oaklandnet.com, under the "Employment Opportunities" link.

Horizon Lines LLC Pleads Guilty For Felony Pollution Charges

A shipping company pleaded guilty this week in federal court in San Francisco to felony oil pollution charges and agreed to a $1.5 million fine, according to the U.S. Attorney's Office.

Engineers aboard the SS Horizon Enterprise, a large container ship owned by Horizon Lines, LLC, intentionally altered pollution control equipment designed to ensure oily waste does not go overboard, according to the plea agreement announced Thursday by U.S. Attorney Melinda Haag. Doing so violates both U.S. and international oil pollution laws.

They then altered the ships logs of oil transfers and discharges so U.S. Coast Guard inspectors would think the equipment was working properly, officials said.

"Horizon's intentional tampering with its pollution control equipment showed a blatant disregard for the environment," Haag said. "This case demonstrates our commitment to enforcing U.S. and international oil pollution laws to protect our natural resources."

Horizon Lines acknowledged the conduct had been taking place on the S/S Horizon Enterprises over a period of several years, and pleaded guilty on Tuesday to two counts of making false statements.

The company was ordered to pay a $1 million fine and $500,000 toward environmental projects in the San Francisco Bay, and must also implement a comprehensive environmental compliance plan to avoid further wrongful conduct.

San Jose Firefighters Rescue Caltrans Delivery Truck Driver

San Jose firefighters have rescued a Caltrans delivery truck driver who went off Mt. Hamilton Road and fell down a 100-foot embankment Friday afternoon, a fire spokeswoman said.

The male driver may have had chest pains when he lost control and veered off the road six miles up on Mt. Hamilton Road from Alum Rock at about 2:10 p.m., a dispatcher said.

A fire rescue response team responded to help hoist the man up the hill.

San Jose fire Capt. Mary Gutierrez said the man was extricated from the truck, placed in a basket and then lifted with ropes.

The rescue was complicated due to the steep embankment, she said.

His truck will be towed this morning.

At about 4:25 p.m., the man was airlifted to a trauma center. He has significant injuries from driving down the cliff, said Gutierrez.

The man was the only occupant in the truck.

The California Highway Patrol also responded to assist.

Philanthropist Warren Hellman To Be Honored At Free Ocean Beach Concert

Philanthropist and bluegrass lover Warren Hellman will be honored Sunday with a free concert at Ocean Beach.

The day-long tribute to Hellman, who died of leukemia at the age of 77 in December, will feature performers including John Doe, Steve Earle, Buddy Miller, Gillian Welch, Boz Scaggs, Robert Earl Keen and Emmylou Harris and Hellman's band, The Wronglers.

All of the performers are regulars at Hardly Strictly Bluegrass, the annual Golden Gate Park musical festival that Hellman founded.

Hellman, a founder of private equity firm Hellman & Friedman LLC, also helped found the San Francisco School Alliance and The Bay Citizen, a nonprofit news organization.

Sunday's concert will take place on two stages on Great Highway between JFK Drive and Lincoln Avenue from 11 a.m. to 6 p.m.

Concertgoers can arrive as early as 8 a.m., but the concert area has limited capacity. The event will be streamed live online and organizers are encouraging viewing parties at home.

The event has street parking only, and those attending are strongly urged to use public transportation. A few schools in the area including Presidio Middle School, Francis Scott Key Elementary and Lafayette Elementary will offer paid vehicle parking, and there will be bike parking facilities at the event.

No pets are allowed except for service animals, and alcohol, tall chairs and umbrellas are banned.

More information about the concert can be found at www.strictlybluegrass.com.

San Francisco Bay Area Weather Forecast

Mostly cloudy skies are likely in the Bay Area today. It is expected to be breezy with patchy fog in the morning. Highs are expected to be in the mid 50s.

Partly cloudy skies are likely this evening. Lows are expected to be in the mid 40s.

Partly cloudy skies are expected Sunday morning before becoming mostly cloudy. Highs are likely to be in the lower 50s.

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