Crime

Police throughout Santa Clara County are ready to crack down on drunken and drugged drivers this Halloween evening, as part of law enforcement’s annual “Avoid the 13” holiday DUI crackdown, according to a press release from the Sheriff’s Office.“The scariest part of Halloween is not the spooky costumes and scary pranks, it’s the impaired drivers,” Santa Clara County Sheriff Laurie Smith said. “All too often, partygoers don’t plan ahead and choose to drive impaired, but a costume can’t disguise drunk driving.” Sheriff’s deputies, local police and California Highway Patrol will participate in the Thursday night DUI crackdown, deploying extra patrols in addition to regular shifts, the press release says. The sheriff’s office will deploy extra deputies to perform DUI “saturation patrols” to identify anyone driving impaired. Halloween is one of the deadliest holidays of the year on our roadways, according to police. The National Highway Traffic Administration has reported that from 2007-2011, 52 percent of all fatalities occurring on Halloween night nationwide involved an impaired driver. Men between 21 and 34 comprised almost half of all drunk drivers who were killed in motor vehicle accidents nationwide during the 2011 Halloween holiday. It is also the deadliest night of the year for child pedestrians. “If you celebrate with alcohol, you don’t belong behind the wheel,” Smith added. “A sober and safe ride after the party is the best treat you can give yourself and everyone else on the road this Halloween.”The Santa Clara County DUI Task Force recommends the following tips to keep safe this Halloween: -Plan a way to get home safely before the festivities begin. -Designate a sober driver.-If you are impaired, take a taxi, call a sober friend or family member, or use public transportation. -Walking impaired can be just as dangerous as drunk driving, according to police. Designate a sober friend to walk you home. -If you see a drunk driver on the road, call 911.-If you know someone who is about to drive while impaired, take their keys and help them make safe arrangements to their destination. Funding for this Avoid the 13 operation is provided by a grant from the California Office of Traffic Safety, through the NHTSA, according to the press release. 

A former “known Norteno gang member” living in Gilroy is seeking millions of dollars in damages for what he alleges was excessive force and violation of civil rights by Cpl. Eustaquio “Paco” Rodriguez with the Gilroy Police Department.

The YMCA child care employee who is accused of sexually assaulting multiple small children under his care at a Morgan Hill facility appeared in court Tuesday, but the hearing was continued.Nicolas Lhermine, 20 of Morgan Hill, remains in custody on charges of lewd and lascivious acts with a child younger than 12, oral copulation on a child younger than 10, possession of child pornography and production of child pornography - all in relation to five victims identified since his arrest by Morgan Hill police in July. Lhermine’s hearing Tuesday at South County Courthouse in Morgan Hill was continued to Dec. 10 at the request of both his attorney, Riccardo Ippolito, and Santa Clara County Deputy District Attorney Stuart Scott who is prosecuting the case. Four of Lhermine’s alleged victims are age 7 or younger, and were victimized by Lhermine while they were under his care at a child care program at Paradise Valley Elementary School, according to investigators. The youngest alleged victim is 3 years old. The child care program was run by the YMCA, according to authorities.The fifth alleged victim is a 17-year-old girl of whom investigators found nude pictures on Lhermine’s mobile phone, authorities said. The girl was not affiliated with the YMCA program, but Lhermine knew her.Lhermine was arrested by Morgan Hill police July 12, when a 6-year-old girl under his care at the YMCA program told her parents and investigators that Lhermine forced her to engage in a sex act in the bathroom at the day care site, authorities said. During the initial investigation, police found the pictures of the 17-year-old girl on his phone. During a follow-up investigation which included assistance from YMCA staff to reach out to the parents of all children who had ever been under Lhermine’s care at the YMCA, authorities identified three more alleged female victims - ages 3, 5 and 7. Lhermine faces a maximum sentence of life in prison, according to authorities.The suspect worked as a child care aide at the YMCA day care facility during the alleged assaults, and has held numerous positions - including youth soccer coach and child care at other YMCA facilities - in his four years of employment at the YMCA, according to authorities.

Here is a list of the recent arrests recorded from the Santa Clara County San Martin substation's log.

Former Santa Clara County Supervisor George Shirakawa was arraigned Monday on one felony count of false impersonation, according to a press release from the District Attorney’s Office. The indictment filed last week by the Santa County Criminal Grand Jury alleges that the false personation occurred on or about and between May 1, 2010 and June 8, 2010 Shirakawa falsely impersonated the campaign committee entitled "Neighbors for Magdalena Carrasco for Council 2010, FPPC 134822,” according to the press release. The indictment supersedes the previously filed criminal complaint which alleges the same criminal conduct, the release says.Shirakawa’s next court date is scheduled for Dec. 4, 2013 at 1:30 p.m. at the Hall of Justice in San Jose, the release says. 

The California Department of Forestry and Fire Protection (CalFire) announced today that veteran firefighter Derek Witmer, 46, will take over as chief of the Morgan Hill Fire Department as well as the state agency’s Santa Clara Unit. Witmer, of Watsonville, was appointed to the position by CalFire Director Ken Pimlott, according to CalFire staff. Witmer will replace Steve Woodill, who retired earlier this year. Witmer has 28 years of fire service, starting at the Salispuedes Fire District in 1985, where he rose through the ranks to Captain, according to a CalFire press release. In 1997 Witmer joined CalFire when the Salispuedes and Freedom Fire District merged to form the Pajaro Valley Fire District, CalFire staff said. Witmer has since worked for two CalFire units - San Mateo/Santa Cruz and Santa Clara. At CalFire, he has served in a variety of assignments including Helitack, the emergency command center, training and, most recently, as the South Bay Operations Chief. In 2012, Witmer served on Incident Management Team 5 as Deputy Incident Commander, the press release says. “Chief Witmer’s wide ranging experience makes him uniquely qualified to lead the Santa Clara Unit,” Pimlott said. “Derek brings proven leadership, cooperation and innovative ideas to the position, and will serve the community well.” In addition to Witmer’s responsibilities as Unit Chief and MHFD Chief, he will also serve as fire chief for the South Santa Clara County Fire District. 

Members of the Gilroy Police Department's Anti-Crime Team unit captured an armed, convicted felon and fugitive Friday.  

Here's your weekly digest of criminal happenings in Gilroy, including a vehicle theft, child abuse, assault, sale and transportation of narcotics and an auto burglary.

Three drivers suffered injuries in a three-car collision at the intersection of Tennant Avenue and Butterfield Boulevard Thursday afternoon. Police and paramedics responded to the accident about 3:30 p.m., Morgan Hill Police Sgt. Ray Ramos said at the scene. A white Honda Civic was traveling westbound on Tennant Avenue when it rear-ended a Ford pickup that was stopped at a red light at Butterfield Boulevard, also facing westbound, police said. As a result of the impact, the Ford rear-ended a tan Toyota Corolla that was stopped at the same light in front of the pickup. The drivers of all three vehicles were transported to area hospitals with “moderate” injuries, Ramos said. None of the vehicles contained any passengers.Westbound Tennant Avenue remained closed as of about 4:30 p.m. between Juan Hernandez Drive and Butterfield Boulevard, while police and tow trucks cleared the scene. The cause of the accident remain under investigation, Ramos said. 

The Gilroy Police Department responded to a variety of crimes in the last week including loitering, battery and cruelty to a child with possible injuries. Arrests were recorded in the GPD blotter from Oct. 14 through Oct. 21.