Police Bulletin | September 23, 2022 | Pleasanton Weekly | PleasantonWeekly.com |

Pleasanton Weekly

Community Pulse - September 23, 2022

Police Bulletin

Teen arrested after crash injures pregnant driver, kills unborn child

A teenager from Livermore faces a potential murder charge after allegedly crashing into another car while trying to flee authorities after a sideshow in Sacramento County, seriously injuring a pregnant woman and killing her unborn baby last Friday night.

The 17-year-old boy, whose name was not released due to him being underage, was arrested on suspicion of murder, felony reckless evasion of police and felony evasion by driving in the opposite direction of traffic, according to the California Highway Patrol's North Sacramento office.

Additional details about the criminal case, including whether the Sacramento County District Attorney's Office had filed formal charges, were not readily available because it is a juvenile matter.

"By law, juvenile matters are confidential and our ethical obligation prevent us from making any statements acknowledging the existence of a juvenile proceeding," the DA's office told the Weekly.

The situation began unfolding at around 9:11 p.m. Friday with CHP units arriving to break up an apparent sideshow with more than 100 vehicles and pedestrians blocking the intersection of Elverta Road at Dutch Haven Boulevard in Rio Linda, a town just north of Sacramento.

While officers dispersed the crowd, one CHP unit reportedly initiated a traffic stop on a Honda Accord but the driver failed to yield. The sedan was driven by the 17-year-old Livermore boy with three passengers -- a 17-year-old boy from Copperopolis, a 21-year-old man from Union City and an 18-year-old man from Antioch, according to the CHP.

During the ensuing pursuit, the Accord allegedly blew through a red light at the intersection of Dry Creek Road and Elkhorn Boulevard and collided perpendicularly with a Honda Civic.

"The (28-year-old) driver of the Honda Civic was transported for major injuries and her fetus suffered fatal injuries," the CHP said. "The passenger suffered moderate complaint of pain injuries and was transported to a local hospital. The passengers in the Honda Accord were transported to local hospitals for complaint of pain injuries."

The Livermore teen was arrested, cleared by medical personnel for minor injuries and booked into Sacramento County Juvenile Hall related to the crash, according to the CHP.

Officers reported that drugs and alcohol do not appear to be factors in the collision.

-- Jeremy Walsh

In other news

* A longtime cheer coach and fitness instructor in San Ramon who recently began teaching middle school biology in Danville was charged last week with committing lewd acts against two teenagers.

Nicholas Moseby, who teaches at Diablo Vista Middle School, was taken into custody on Sept. 14 and booked into the Martinez Detention Facility in lieu of $200,000 bail, according to records from the Contra Costa County Sheriff's Office.

Moseby, 41, of Concord is facing two counts of performing lewd acts upon two minors and one count of showing pornography to a minor, according to Ted Asregadoo, a spokesperson for the Contra Costa County District Attorney's Office. The victims were 15 years old and 14 years old, with the offenses allegedly occurring Aug. 31 and Sept. 4, respectively.

"I think the investigators are reasonably certain there are other victims and they just want those folks to report it," Asregardoo said.

Moseby began teaching biology at Diablo Vista Middle School in 2021, according to Linkedin. He had worked as a tumbling coach for the cheerleading squad NorCal Elite since 2013.

Moseby had a long career working in tumbling and cheerleading, according to Linkedin, starting as a camp instructor for the Universal Cheerleaders Association in 2017. He reportedly served as program director for Valley Cheer and Dance in San Ramon from 2013 to 2018.

In 2021, Moseby was issued a certificate of clearance by the California Commission on Teacher Credentialing. He was issued a Single Subject Teaching Credential on Aug. 4.

Moseby was scheduled to be arraigned on Monday in Martinez, with results still pending as of press time.

"This is difficult and shocking news. I can confirm that we will offer law enforcement our support and hope that their investigative work concludes with justice being served," said Tammy Herley, coordinator of communications and community relations at San Ramon Valley Unified School District.

She encouraged anyone with information to contact the DA's office and said, "At this time, we will be turning our attention to offering students, staff and families the support they may need as they process this unthinkable allegation."

-- Jeanita Lyman

* A Contra Costa County jury last week convicted a Tri-Valley man on a majority of counts after making threats of gun violence against State Senator Scott Wiener (D-San Francisco) earlier this year in response to a vaccination bill introduced by the legislator.

Erik Triana, 51, was found guilty on seven of eight felony charges, including threatening the life of Wiener in a message submitted through the senator's website in January, according to the Contra Costa County District Attorney's Office.

"I'm deeply grateful to the Contra Costa County District Attorney's Office, California Highway Patrol, and the court system for taking this death threat -- and my personal safety -- safely," Wiener said in a statement Sept. 15.

Triana sent a threat to Wiener through the "contact me" portal on the senator's website, which said, 'Vax my kids without my permission and expect a visit from me and my rifle,'" prosecutors said in a press release.

They added that Triana, a San Ramon father of three, had listed his address as the Moscone Center in San Francisco and signed the message "Amendment, Second."

Wiener represents California's Senate District 11 in San Mateo and San Francisco counties. The Moscone Center is named after George Moscone, the former San Francisco mayor who was assassinated alongside Harvey Milk at San Francisco City Hall in 1978.

Prosecutors said that Wiener, who lives in San Francisco, made a note of this connection when he took the stand on Sept. 6, saying that the reference to Moscone and Milk in a gun violence threat made it stand out to other threats received by his office.

"While free speech is a cornerstone of our democracy and a constitutionally protected right, there is a clear line between political discourse and threats of violence," said deputy district attorney Stephanie Kang, who prosecuted the case. "The jury's verdict in this case highlights the fact that threats to seriously harm or kill a public servant because of disagreement with their policies is not protected speech and will not be tolerated."

Public defender Ian McGrattan, who represented Triana, said that his client had not been seeking to make an actual threat with the message, and that Triana hadn't expected Wiener to ever lay eyes on the message.

"Mr. Triana is not a violent person," McGrattan said of his client, who had pleaded not guilty in the case. "He would never hurt anybody. He did not intend for this statement to be taken as a threat."

Eight felony charges were initially filed against Triana in April. He was found guilty on Sept. 14 on seven of those counts: one count of threatening Wiener's life, two counts of possession of assault weapons, two counts for "ghost gun" manufacturing and two counts of having a concealed firearm in a vehicle.

The jury acquitted Triana on a charge of criminal threat or great bodily injury to Wiener.

Kang said that Triana's last message to Wiener was on Jan. 22, shortly after the introduction of Senate Bill 866, which proposed making COVID-19 vaccines available to minors 15 years old or older without their guardians' permission.

The DA's office reported that police were able to trace the Jan. 22 message back to a computer at Triana's workplace in Pleasanton. Triana's home and car were searched under a warrant in March, in which police found an unregistered AR-15 with nine loaded magazines.

Triana is set to be sentenced next Thursday (Sept. 29) at 8:30 a.m., facing a maximum of four years in custody, according to the DA's office. McGrattan said his client would be filing an appeal.

-- Jeanita Lyman

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