Jose Lumbreras, 25, has pleaded no contest on two counts of gross vehicular manslaughter while intoxicated for the deaths of 22-year-old UC Berkeley graduate Milanca Lopez and her 6-year-old son, Xavier Chevez. The Alameda County District Attorney’s office is requesting the maximum 12 years in prison, according to Deputy District Attorney Teresa Drenick.

“It is a tremendous relief to know this particular chapter has come to a close without the trauma of what we knew would be a painful trial for her family and friends,” said Rue Mapp, a UC Berkeley graduate and neighbor of Lopez, in an email. “We will continue to celebrate Milanca and Xavier’s lives and remember the beautiful friend and mother she was in our community.”

Paul Wolf, Lumbreras’ defense attorney, disagrees with the prosecution’s pursuit of the maximum sentence. He said Lumbreras has suffered greatly from the accident and that 12 years is too severe for the crime.

“Jose has never denied nor sought to shirk his responsibility for the damage and pain for which he has shared and continues to experience,” Wolf said. “He loved both of them. It’s an accident, and he’s responsible for it.”

Wolf will argue for a lighter penalty during Lumbreras’ sentencing on June 11.

At approximately 1 a.m. on May 18, 2012, Lumbreras drove into a tree in central Berkeley, killing Lopez and seriously injuring Chevez. According to police, his blood alcohol level was twice the legal limit.

Chevez was placed on life support and died from his injuries one week later at Children’s Hospital and Research Center in Oakland.

Prior to her death, Lopez and her son lived in university student housing at University Village in Albany. Lopez began studying at UC Berkeley in 2007 and was planning to begin a master’s program for teaching at UCLA following her graduation.

Lumbreras came to UC Berkeley in 2010 after receiving a degree in sociology from UC Santa Barbara. He received a graduate degree from UC Berkeley’s ethnic studies department not long before the accident.

The couple was allegedly drinking in celebration of their recent graduations prior to the collision, Wolf said.

Lumbreras is currently being held at the Santa Rita Jail in Dublin, and his bail is set at $200,000, according to the Alameda County Sheriff’s Office inmate locator.

“It’s one of the most tragic cases I’ve ever been involved in, and I’ve been a criminal defense lawyer for 37 years,” Wolf said. “It caused nearly intolerable injury and loss to three people and their respective families.”

Andy Nguyen is the lead crime reporter. Contact him at anguyen@dailycal.org
and follow him on Twitter @Andy_Truc.

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The victim has been identified as Alberto Santana-Silva, a 21-year-old male from Fremont who is not affiliated with UC Berkeley, according to UCPD Lt. Marc DeCoulode.

UCPD officers responded around 5:38 a.m. to calls regarding shots fired near signpost 16, DeCoulode said.

Upon arriving at the scene, UCPD officers found the victim with gunshot wounds. He was next to his car, which was several yards away from where the shooting occurred. He was pronounced deceased at the scene by Berkeley Fire Department.

DeCoulode said a number of people were in the area when a disagreement or argument occurred, and Santana-Silva intervened and stopped the disagreement. A few people left, but within roughly 20 minutes, an unidentified person came back, walked up to Santana-Silva’s car and shot him multiple times.

According to DeCoulode, the investigation is ongoing.

Daphne Chen is the lead city government reporter. Contact her at daphnechen@dailycal.org and follow her on Twitter @dchen_dc.

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The suspect was hiding near the intersection at approximately 12:05 p.m. and jumped out at the 20-year-old female victim as she walked by, according to the UCPD crime alert released Tuesday. The suspect allegedly took her cell phone from her hand.

The suspect fled the scene in a white Toyota Camry, which was last seen driving eastbound on Durant.

The victim, whose affiliation is unknown, was not physically injured during the encounter. UCPD and BPD searched the area but were unable to locate the suspect.

According to the UCPD crime alert, the suspect is described as: A black male in his early 20s with a medium build, wearing a gray shirt and black gym shorts.

Contact Andrea Guzman at aguzman@dailycal.org.

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The female victim was walking on Fulton Street at approximately 9:20 p.m. when she was approached from behind and confronted by a male suspect, according to a UCPD crime alert released Monday. The suspect pulled out a gun and demanded the victim’s property, taking her cell phone and wallet.

The suspect fled the scene in an unknown direction. The victim, whose affiliation to UC Berkeley is unknown, was not physically injured during the encounter.

UCPD and BPD searched the area but were not able to locate the suspect.

According to the UCPD crime alert, the suspect is described as:

A Black male in his late 20s, 240 lbs., with a heavy build, wearing a black hat with a red bill, black windbreaker, black polo shirt and dark jeans.

Contact Andrea Guzman at aguzman@dailycal.org.

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A 20-year-old female was walking in the area at approximately 1:58 a.m. when she heard footsteps behind her, according to the UCPD crime alert released Monday. The victim heard a voice say, “Don’t move.” She was grabbed by the neck by one of the suspects. The other suspects took the victim’s property, which included a laptop and iPhone.

The victim screamed and was pushed to the ground, according to the alert. The suspects fled the scene northbound on Hillegass Avenue toward Dwight Way.

The victim, possibly a UC affiliate, sustained minor injuries. UCPD and BPD searched the area but were unable to locate the suspects.

According to the UCPD crime alert, the suspects are described as:

Suspect #1 – A Black female in her 20s, with a light complexion and wearing a turquoise sweatshirt.

Suspect #2 – A Black male in his 20s, with a dark complexion, wearing a white t-shirt and black beanie.

Suspect #3 – A Black male in his 20s, with a dark complexion, wearing a white t-shirt and black beanie.

Contact Andrea Guzman at aguzman@dailycal.org.

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The Alameda County Sheriff’s Office Coroner’s Bureau released its report in the investigation of the death of 41-year-old Kayla Moore Friday afternoon. The coroner’s report lists the cause of death as an “acute combined drug intoxication.”

Toxic amounts of methamphetamine and codeine were found in Moore’s blood, according to the report. It also noted that an enlarged heart and morbid obesity were contributing factors to her death.

In addition to the coroner’s office report, Berkeley Police Department released the findings of its own investigation into Moore’s death Friday afternoon. The report also concluded that the death was accidental.

In recent weeks, the department has faced criticism from community members as well as Moore’s family, who claimed that BPD had not been forthcoming with its investigation.

A press hold had been put on the coroner’s report since the beginning of the investigation, and groups like Berkeley Copwatch demanded that the hold be lifted and the report released. Demonstrations were held at a City Council meeting, and protesters marched to BPD headquarters calling for more transparency from the department.

“We understand there was a need to get information quicker, and there was a desire on our part that we provide all the information we could to the community,” said BPD spokesperson Jennifer Coats. “But at the same time, we wanted to make sure we did a proper and thorough investigation for Moore but also for Moore’s family, the community and the officers involved.”

The report goes into detail about what occurred on the night of Feb. 12 and includes witness statements and interviews with the responding officers. The report also includes a written statement by John Hayes, who lived with Moore at the Gaia Building apartment complex and was the one who called the police.

According to Hayes, Moore used drugs on a regular basis, including crack and methamphetamines. On the night of the incident, Hayes said Moore was drunk and high on methamphetamines, causing her to act belligerent.

“(Kayla) asked me for money to get more speed and alcohol, and I told him to go ask someone else and leave me alone,” Hayes said in the statement. “(Kayla) got really angry and wouldn’t leave me alone, we began and arguing and … (she) told me to just get out.”

Hayes left the apartment and called the police afterward, fearing Moore would attack him and saying that she had a history of aggression. He cited an incident in which Moore stabbed someone in San Francisco.

According to Coats, police were originally called in to take Moore, a diagnosed paranoid schizophrenic, to a mental health evaluation at Alta Bates Summit Medical Center. Officers discovered Moore had an arrest warrant out for an earlier incident in San Francisco and proceeded to arrest her instead. Moore got into an altercation with the officers and was eventually restrained to a gurney.

“(She) became increasingly agitated and uncooperative to the officer’s verbal commands and began to scream and violently resist,” according to a statement from BPD. “After struggling with officers, they were able to gain control of the subject and place (her) in restraints.”

Officers soon discovered Moore had stopped breathing, and they performed CPR. Moore was rushed to the medical center, where she was pronounced dead.

Staff writer Sophie Ho contributed to this report. 

“Andy Nguyen is the lead crime reporter. Contact him at anguyen@dailycal.org
and follow him on Twitter @Andy_Truc.
“

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A 23 year old UC student was texting on his phone around 10:05 p.m. when the suspect approached him and grabbed his phone. The victim proceeded to chase the suspect according to the report.

A UCPD police officer in a patrol car witnessed two individuals run into the intersection of Shattuck and Allston. The officer saw the suspect turn around and throw punches at the victim according to the report. The suspect then ran into the BART station followed by the victim.

The officer pursued both individuals into the station where he caught up to the victim and told him to remain where he was. The officer then found the suspect on the lower train platform and arrested him.  The victim sustained minor injuries in the encounter and his property was recovered and returned according to the report.

According to the UCPD crime alert, the suspect arrested is described as:

Flavio Villegas, an 18 year old Hispanic male, 5’09” in height, with
a medium build, wearing a black shirt and blue jeans.

Jacob Brown is the lead higher education reporter. Contact him at jbrown@dailycal.org and follow him on Twitter @jacobebrown.

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The UC Berkeley law student accused of decapitating an exotic bird in a Las Vegas hotel last October will attend an arraignment May 13 to face felony charges related to the incident.

The 25-year-old student, Justin Alexander Teixeira, was charged with felonies of killing and torture of an animal by the Clark County District Attorney’s Office after allegedly beheading a helmeted guineafowl. The 14-year-old bird, named Turk, resided in the Wildlife Habitat attraction of the Flamingo Las Vegas Hotel and Casino.

According to a statement released by Las Vegas Metropolitan Police Department, Teixeira and Eric Cuellar, also a UC Berkeley law student, were caught on video surveillance chasing the bird into a grove of trees and later emerging with its body and severed head.

Cuellar pleaded guilty to a misdemeanor charge of instigating violence toward the bird. He was fined $200 and ordered to pay $150 restitution to the hotel as well as complete 48 community service hours and enroll in alcohol counseling. According to prosecutor Frank Cuomo, Cuellar has already completed his requirements.

Teixeira is expected to plead not guilty at his arraignment, at which a judge will determine whether there is enough evidence to warrant a trial. If convicted, Teixeira will face up to eight years in prison as well as a fine. Additionally, Teixeira has informed court officials that a felony conviction might jeopardize his admission to the state bar.

According to Cuomo, a third UC Berkeley student was also involved in the incident and may be charged as well. He also noted that the men appeared to be intoxicated.

“I’ve been a prosecutor for over 20 years, and this is the first animal cruelty case I’ve dealt with of this nature,” Cuomo said. “We’ve never had a case of an individual decapitating an animal. It’s definitely out of the norm.”

Cuomo said that he feels “confident” about the case due to the amount of evidence investigators have accrued. Along with supplying video evidence provided by the hotel and a cellphone video from Cuellar, the investigators intend to bring in an expert veterinarian to testify that the bird was indeed killed by Teixeira, Cuomo said. A woman is also prepared to testify that she witnessed Teixeira and Cuomo throwing the dead bird’s head.

Furthermore, Teixeira faces lesser charges of animal torture and cruelty, which are punishable with up to 18 months in jail. He will have a separate trial in July for those charges.

While he could not predict the outcome of the potential trial, Cuomo said there were ongoing negotiations with Teixeira’s defense attorney.

Teixeira will be represented by Las Vegas lawyer Michael Pariente, who declined to comment on the case.

Contact Sophie Ho at sho@dailycal.org.

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El Monte Police Department was notified at approximately 10:40 a.m. by an unknown caller that there were bombs at CSU L.A. and “Cal State Berkeley,” according to the Associated Press. This comes after Monday’s Boston Marathon bombings, which left three people dead and more than 100 injured.

While both law enforcement officials in Los Angeles and Berkeley deemed the threat a low risk, CSU L.A. evacuated its campus, and a bomb squad was dispatched to the scene. The squad eventually found no evidence of explosives. UCPD decided to silently conduct its search of the campus and found no explosives as well, according to department spokesperson Lt. Eric Tejada.

“We determined it was a pretty low-risk bomb threat, so we did some searches of our own and decided to go business as usual on campus,” Tejada said. “Obviously, we didn’t find anything, and it was a very low-risk threat assessment, so we didn’t do a WarnMe messaging or anything like that.”

Andy Nguyen is the lead crime reporter. Contact him at anguyen@dailycal.org
and follow him on Twitter @Andy_Truc.

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Organized by Kayla’s family, the celebration will be held at the Gaia Building apartment complex at 5 p.m. on what would have been her 42nd birthday.

Moore, a diagnosed paranoid schizophrenic, died in police custody on the night of Feb. 12 after officers were called to her apartment to respond to a call about a disturbance.

Following the event, Berkeley Copwatch has organized a march to the Berkeley Police Station to call on the department to release information about their investigation into Moore’s death.

“Our first objective is to honor Kayla Moore and the grief that her family has endured as a result of her murder,” said Copwatch member Andrea Prichett. “Then we’re going to the police station, asking them to release the hold that they have placed on the coroner’s report … we’re asking BPD to correct that situation and let the public and the family have access to the report.”

There is currently a “press hold” placed on the release of the autopsy report by the BPD as the investigation is still ongoing. The coroner’s office is also still currently conducting their own investigation at this time, said Deputy Damon Wilson from the Alameda County Sheriff’s Office Coroner’s Bureau.

Maria Moore, Kayla’s sister, says the department mishandled the incident and that the officers lacked the necessary training to handle suspects with mental illnesses.

“(The incident) was handled horribly,” Maria said. “One of the neighbors said that (Kayla) was quiet and didn’t know why the police was called. The situation only escalated when the police came.”

According to Maria, the department has not been forthright with information about the investigation to the family, saying they had to reach out to BPD in order for someone to respond.

“We had to call them several times just to get a phone call back,” Maria said. “We may have to get a lawyer involved because they’re not producing any information.”

Maria also criticized the rate at which the investigation is being handled, saying that it has been two months without any word from the department. In an email, Officer Jennifer Coats, spokesperson for BPD, said that the investigation is going at its current rate because officers want it to be as thorough as possible.

The investigation involves detailed interviews with witnesses as well as a collection and analysis of all evidence, according to Coats.

“We understand the community’s concern over this incident and their desire to have as much information as possible,” Coats stated in the email. “This can take some time and we are committed to conducting a thorough investigation into this matter.”

Andy Nguyen is the lead crime reporter. Contact him at anguyen@dailycal.org
and follow him on Twitter @Andy_Truc.

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