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Alameda County DA Defends Dismissal of Case Tied to Toxic Fire in West Oakland

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Alameda County District Attorney Ursula Jones Dickson speaks during a press conference conference at the René C. Davidson Courthouse in Oakland on Feb. 18, 2025. At a press conference Thursday marking her 100th day as DA, Ursula Jones Dickson offered an explanation for why she’s not pursuing the case.  (Beth LaBerge/KQED)

Alameda County District Attorney Ursula Jones Dickson is defending her office’s decision to drop charges against a West Oakland scrap metal processing plant, saying the case didn’t meet the burden of proof needed to convict.

Last July, under former District Attorney Pamela Price, a grand jury indicted Radius Recycling — formerly Schnitzer Steel — and two senior employees, Daniel Woltman and Dane Morales, on 10 counts following a fire two years ago that sent toxic smoke over the East Bay.

At a press conference on Thursday marking her 100th day as district attorney, Jones Dickson said she opted to dismiss the charges as her office is looking over all cases under the Consumer and Environmental Protection Division.

“After review of the case by individuals who have a lot of years of experience, we could not find a way to prove that case beyond a reasonable doubt,” Jones Dickson said. “We cannot move forward ethically on a case that we cannot prove beyond a reasonable doubt. It’s unfortunate that the charging of that case was such that we could not.”

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Jones Dickson, who took office earlier this year following Price’s recall in November, said under Price that “a law firm working under the DA’s umbrella” was working on similar cases, something her office was alerted to by people in state offices.

“I had not seen that before: a law firm being hired by a DA’s office to do the work of DAs,” Jones Dickson, a former judge, said. “We needed to look at all of the cases that were moving through Consumer and Environmental so that we know that the work is being done by district attorneys and that we can meet our burden to prove beyond a reasonable doubt.”

Large clouds of smoke rise from an industrial-looking space where many truck cabs are parked.
Smoke rises from a fire burning at Schnitzer Steel in Oakland on Aug. 10, 2023. (Nik Altenberg/KQED)

Jones Dickson clarified that outside attorneys were not working on the Radius case, only that it was reviewed as part of a broader examination of cases handled by the Consumer and Environmental Protection Division.

Price told KQED she was dismayed at the decision and referred to the case against Radius as historic. She said she was the first Alameda County DA to file charges for environmental crimes committed by a corporation.

“We believe Radius has often shrugged off the regulations when it was convenient to them, treating minor administrative penalties and fines as the cost of doing business,” Price said at the time the indictment was handed down.

The charges alleged that Radius, Woltman and Morales recklessly managed hazardous materials while shredding and sorting metal materials, including older vehicles and appliances, and then tried to cover it up. The company and the two men were also charged with violating local air quality regulations and state toxic substance control laws, which carry a penalty of up to $33 million in criminal fines and up to three years in county jail.

The Bay Area Air Quality Management District hasn’t fined Radius over the August 2023 fire because state law bars the district from pursuing civil penalties while the district attorney is prosecuting the company.

Jones Dickson wouldn’t comment on any potential future actions regarding Radius and its employees.

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