By Dave Mason, Public Information Supervisor, Public Affairs, East Bay Regional Park District
Today, April 21, 2023, the East Bay Regional Park District is launching a temporary, two-year pilot project at Briones Regional Park, in the hills between Lafayette, Pleasant Hill and Martinez, to test a variety of trail management strategies. The Briones Pilot Project will provide new temporary access to some trails for recreational use, while also restoring illegally constructed “bootleg” trails to protect wildlife and enhance natural habitats.
The pilot project is limited to a specific zone in the northeast corner of Briones Regional Park (see map). Project objectives include protecting resources, habitat, wildlife, and watersheds; restoring natural habitat by closing illegal bootleg trails in the pilot project zone; enhancing the trail user experience; and, increasing volunteer engagement in trail maintenance and habitat restoration.
“The goal of the pilot project is to identify options that balance recreational needs and environmental protection, given that the use of parks and trails has increased significantly in the Regional Parks over the past several years,” said Park District Board President Dennis Waespi. “The project will test innovative ways to share the trails, reduce conflicts, and improve the overall visitor experience, while also preserving natural habitat and protecting wildlife.”
The Briones Pilot Project establishes specific rules limiting trail use within the project zone and for two trail segments adjacent to the zone, such as hiking only, biking only, or biking/hiking only, and direction of travel. On weekends, trail use within the Pilot Project Zone will alternate days between bicycle and equestrian use based on odd and even calendar dates (see table).
Pilot Zone Schedule & Restrictions
The special rules below apply ONLY to trails within the pilot zone. Additional information on pilot project schedule and restrictions, visit the project webpage at ebparks.org/briones-pilot-project.
Restoring Illegally Built “Bootleg” Trails:
Another key component of the project is the restoration of illegally built “bootleg” trails to protect natural habitat for wildlife. These trails are often not built to sustainable trail standards with appropriate drainage and avoidance of sensitive natural habitats. Illegal trails can have negative impacts on wildlife and watersheds.
“Protecting wildlife and restoring natural habitats are top priorities of the Park District and this pilot project,” said Park District General Manager Sabrina Landreth. “The project will test a variety of trail management strategies. It will be a dynamic process as data gets collected to help inform ways for users to share trails and enjoy our parks recreationally. As we launch this pilot, we look forward to the public’s feedback and cooperation.”
How Trail Users Can Help:
Engaging with the trail user communities to maintain trails and restore habitat is one of the pilot project’s objectives. There will be many opportunities for people to volunteer to improve select trails and restore habitat. The first Briones Pilot Project Public “Dig Day” is scheduled for Saturday, May 13, 2023, from 9:00 a.m. to 2:00 p.m. at the Alhambra Creek Staging Area. Sign up at www.ebparks.org/parks/briones/briones-pilot-project#Event
For more information about the Briones Pilot Project, visit ebparks.org/briones-pilot-project.
The East Bay Regional Park District is the largest regional park system in the nation, comprising 73 parks, 55 miles of shoreline, and over 1,300 miles of trails for hiking, biking, horseback riding, and environmental education. The Park District receives more than 25 million visits annually throughout Alameda and Contra Costa counties in the San Francisco Bay Area.
Read MoreFederal lawsuit filed against six Antioch Police officers in racist text scandal, three chiefs, City
Seeks damages, department practice and policy changes, court monitoring; labels officers’ actions a “conspiracy”
By Allen D. Payton
Oakland civil rights attorney John Burris and associates filed a lawsuit in U.S. District Court for Northern California on Wednesday, April 19, 2023, against five current Antioch Police officers and one former officer, for their racist and other offensive texts and mistreatment of citizens, plus, three current and past police chiefs, the City of Antioch and Does 1-100. (See related articles here and here)
The texts sent and received by multiple officers on their personal cell phones mentioned at least one Antioch resident, as well as suspects in crimes being investigated by some of the officers.
The suit includes defendants Sgt. Josh Evans, Officers Eric Rombough, Morteza Amiri, Scott Duggar, John Ramirez and Timothy Manly Williams, who left the department in 2021. The lawsuit also includes former Police Chief Tammany Brooks who left in October 2021, former Interim Police Chief and current Captain Tony Morefield, and current Chief Steve Ford, in spite of the fact he didn’t start as interim chief until late April 2022, at the end of the timeframe of the texts between December 2019 and April 2022. Ford was given his permanent position on October 23, 2022. Morefield served as interim chief from Oct. 10, 2021 through April 2022.
The plaintiffs include Antioch resident Shagoofa Khan, the 2017 Youth of the Year who was one of the lead protesters in the city in 2020, was arrested a few times including once for felony arson in January 2021 and at Brooks’ farewell party later that year, and was the subject of one of the vile texts; Adam Carpenter, Joshua Butler, Trent Allen, who is one of the suspects in the murder case that resulted in the release of the texts; plus, Diego Zavala, the son of Guadalupe Zavala, who was unarmed when he was shot and killed by police in 2021 after a seven-hour stand-off with police. (Their last name is listed as Savala in the lawsuit).
The suit describes what occurred between the named Antioch Police officers and the plaintiffs as a “conspiracy and/or conspiracies” and claims they were “the failure and/or refusal of Defendants Brooks, Morefield, Ford and Evans…to prevent or aid in preventing” them from occurring. The suit further claims the four department leaders “maintained customs, policies, and/or practices which encouraged, authorized, condoned, ratified, failed to prevent, and/or failed to aid in the prevention of wrongs conspired to be done by” the named officers.
The suit seeks multiple forms of damages including “past, present and/or future wage loss, income and support, medical expenses”; special damages, any and all permissible statutory damages, and attorneys’ fees. The lawsuit, Case #4:23-cv-01895-TSH, from the firm of Burris, Nissenbaum, Curry and Lacy also seeks department policy and practice changes and Court Monitoring. Burris previously represented the family of Angelo Quinto who died in 2021 in the hospital while not in police custody, three days after an interaction with Antioch Police who were called to their home to stop him from attacking them.
According to Antioch Police Officers’ Association attorney Mike Raines the officers don’t have to obtain their own legal counsel as they are entitled to representation by the City Attorney or a designated, outside law firm.
Read MoreListed by Realtor from Antioch
- Advertisement
Rancho Gaspareño is a 47-acre, beachfront development property north of Cabo San Lucas, Baja, Mexico that stands as a tribute to the grand Manila galleons that sailed between Acapulco and The Philippines for two centuries. From exotic spices to luxurious silks, these majestic ships brought an array of coveted treasures in their voyages from East to West – goods which now make up some of our oldest historical legacies!
The hills and rocks of Rancho Gaspareño have captivated the imaginations of treasure seekers since long ago. Where some hear tales, kids from neighboring schools embark on an annual classic adventure to explore its winding cave with a glimmering hope that pirate booty lies in wait for them! In 1974 construction workers stripped away even more mystery when they uncovered a trove believed to be filled with plunder – fueling further dreams and inspiring future expeditions hoping for similar rewards.
It is listed at $11.95M for the waterfront lot, $4.75M for the mountain side lot and $13.95M for both lots by former Antioch Real Estate Broker Cyndi Williams of Ronival Real Estate. She’s lived in Cabo San Lucas selling real estate for more than a decade and is a local expert.
THE PROPERTY
Approximately forty-two acres of gentle sloping land on the Pacific Coast of Mexico between Todos Santos, (20 miles) and Cabo San Lucas, (21 miles) Baja California Sur. Approximately 414 meters (1,242 lineal feet) of rocky point and gentle beach comprise the water frontage. The federal four lane Highway 19, runs through the property creating three distinct development areas; a knoll above the rocky point for boutique hotel and restaurants; gentle sloping land from beach to highway ideal for shopping village or other commercial venture; and approximately twenty-four acres across the highway with sloping water and mountain views, ideal for residential or retirement village and small emergency clinic.
Since it is located between the two population centers of Todos Santos and Cabo San Lucas it is ideal for development as a destination resort. This property is perfect for major tourism development or a continuing care retirement community with lodging, commercial center and highway clinic.
BEACHFRONT PARCEL
The Ocean front lot is a magnificent property with over 17 acres of stunning land and 1000 feet of water frontage. Crowned by the awe-inspiring 100ft rock promontory that towers above the sea, this prime piece offers unparalleled views spanning many miles in either direction. It’s no wonder it would make an excellent setting for a hotel plus restaurants and other leisure facilities – all easily accessible via good highways alongside generous parking space!
MOUNTAIN SIDE PARCEL
The Mountainside lot boasts approximately 24 acres of land with breathtaking views overlooking the sea and a gentle slope that provides great panoramic vistas to both sides; this picturesque piece of property is ideal for developing a residential community.
Offering various amenities like community center for art and music activities, multimedia room, fitness area swimming pools & dog park plus many more! Embrace an active lifestyle in harmony with nature at your new home by the seaside.
LEGENDS OF BURIED TREASURE AT RANCHO GASPAREÑO
Due to the large amount of pirate activity in the area of this prime oceanfront land in Baja Sur in the 16th and 17th century, it is a well-known legend that pirate treasure can be found buried in the cave below the promontory. Schools from as far away as La Paz schedule annual visits to explore the cave and Rancho Gaspareño. Punta El Gaspareño was named after a Spanish Galleon that went aground off of the point in foul weather.
But the treasure has yet to be discovered!
It is well documented history that notorious pirates roamed, sailed and plundered in the cape area of this prime oceanfront land in Baja Sur for almost 300 years. During these periods pirates were mainly of Dutch, Spanish, English, Chilean origin. In the periods from the mid 1500’s to the 1800’s over 250 Spanish Galleons loaded with their super cargos of various valuables from the Philippines (named Manila Galleons), passed through and stopped in the cape areas to prepare for their trips to Acapulco, the headquarters for new Spain and then on to Spain. Many tales of fighting and plundering are well documented in history. As recent as 1974 while building the road to Pichelinque, the out-of-town road to the ferry terminal near la Paz, a pirate chest of plundered loot was discovered by road workers.
Learn more at www.ranchogasparenobcs.com and at www.gringogazette.com/wp/2021/05/baja-californias-best-kept-secret/
The property is located at Km. 83.5 Carretera Federal – Todos Santos in Cabo San Lucas.
Interested parties please contact Cyndi Williams at cwilliams@ronival.com or +52 624-158-8650.
Read More“some of the text communications between a relatively small number of officers reflected attitudes or beliefs which are not shared by the vast majority of APOA members.” – Statement from RLS Principal Attorney Mike Rains
On Wednesday, April 19, 2023, Mike Rains, the attorney for the Antioch Police Officers’ Association, of the Rains Lucia Stern St. Phalle & Silver law firm, issued the following statement in response to the release of names of officers in the scandal involving racist and other offensive texts. (See related articles here and here)
“This Office serves as General Counsel to the Antioch Police Officers’ Association (APOA) and its individual members. We represent many, but not all, of the officers whose names were released by a Superior Court Judge as having involvement in text messaging which she criticized and declared “unworthy of (legal) protection.” As we will discuss below, we have serious concerns about the manner in which both the names of the officers and two separate reports prepared by an Inspector in the Contra Costa County District Attorney’s Office came to be public records before the law in California, codified in Penal Code section 832.7, declared them to be subject to public disclosure. We also have serious concerns as to whether the text messages themselves, which were originally obtained by authorities in connection with a criminal investigation of only a portion of the Officers who were named by the judge, and which do not constitute criminal conduct, formed the basis of an administrative investigation, in potential violation of California’s Electronic Communications and Privacy Act (Penal Code section 1546).
“We are hopeful that the investigation will be thorough and objective and will determine culpability where it is deserved.”
We understand the public scrutiny of police officers throughout the nation and acknowledge that revelations of text messaging such as that reported in this case can provoke emotional and even sometimes hateful responses. Nevertheless, police officers, even when accused of potential misconduct, should be afforded basic and fundamental rights of due process. We insist such rights be provided, even to persons who have committed the most grotesque and horrific crimes imaginable — why shouldn’t police also be afforded constitutional rights? Such rights ensure that investigators, prosecutors, and judges abide by existing laws before adjudicating anyone as “guilty,” and pronouncing judgment and sentence before a response from the “accused” is sought or considered.
“We also hope the investigation will not disparage each officer and seek to end their career as a law enforcement officer, simply because they became the uninvited recipient of texts sent by others or responded with sarcasm.”
With those observations as a backdrop, we can say, on behalf of the entirety of the APOA membership, that some of the text communications between a relatively small number of officers reflected attitudes or beliefs which are not shared by the vast majority of APOA members. Those officers, and many whose names were recited by the judge, have now suffered the injustice and indignity of condemnation simply because they work at the same agency as those whose communications were offensive. Since our office represents thousands of police officers in the State of California, we understand the impact messaging of the type engaged in by a relatively small number of these officers can have on the public’s perceptions of law enforcement officers everywhere, even though we are reminded constantly by our clients everywhere that they do not support the rhetoric, and do not share the apparent mindset of those responsible for the rhetoric.
We are aware that the police chief has retained an “outside” investigator to interview each and every officer whose name appeared in any of the text messages in question. Those officers have been named as subjects, whether the officer was simply one of numerous recipients of a “group text” and did not respond, or whether the officer took an active role in the messaging. We are hopeful that the investigation will be thorough and objective and will determine culpability where it is deserved. We also hope the investigation will not disparage each officer and seek to end their career as a law enforcement officer, simply because they became the uninvited recipient of texts sent by others or responded with sarcasm.
Read More
On Saturday, April 22, 2023, from 10 AM to 2 PM, the Contra Costa County Office of the Sheriff and the Drug Enforcement Administration (DEA) will give the public another opportunity to prevent pill abuse and theft by ridding their homes of potentially dangerous expired or unused prescription drugs.
“The Take Back event is a great opportunity to dispose of unwanted medication in our homes,” said Contra Costa Sheriff David Livingston. “These drugs could fall into the wrong hands or harm family members. Take Back helps prevent drug addiction and overdose deaths.”
Needles and sharps cannot be accepted; only pills, patches, and liquids sealed in their original container will be accepted. Vape pens or other e-cigarette devices from individual consumers are accepted only after the batteries are removed from the devices.
The service is free and anonymous, no questions asked. Bring your pills for disposal at the following sites:
DROP OFF LOCATIONS
-Sheriff’s Office Muir Station, 1980 Muir Road, Martinez
-Sheriff’s Office Bay Station, 5555 Giant Highway, Richmond
Sheriff’s Office Valley Station, 150 Alamo Plaza, #C, Alamo
-Delta Station/Discovery Bay Annex 1555 Riverlake Rd., Discovery Bay
-Danville Police Department, 510 La Gonda Way, Danville
-Lafayette Police Department, 3471 Mt. Diablo Blvd., Lafayette
-Orinda Police Department, 22 Orinda Way, Orinda
For more information about the disposal of prescription drugs, locations, or the Take Back event, visit: https://www.dea.gov/takebackday.
Read More
Opportunities include activities, hikes, volunteer clean-up events
By Jen Vanya, Public Information Specialist, Public Affairs, East Bay Regional Park District
Earth Day is close to the Park District’s heart and mission to preserve and protect natural resources. Launched on April 22, 1970 as an environmental teach-in, Earth Day is now a global movement to protect the Earth and the environment.
“Earth Day is both a celebration of the natural environment we enjoy in the Regional Parks and a reminder of our responsibility to take care of it,” said General Manager Sabrina Landreth. “There are many ways to celebrate Earth Day with the Park District, including joining a naturalist-led program, taking a hike or ride in nature, or volunteering to clean up parks.”
Earth Day Volunteer Clean-up Events
Park, shoreline, and beach clean-up events are planned at multiple locations throughout the Park District, as well as planting projects and spreading mulch (Lake Chabot).
Clean-up locations include:
- Point Pinole
- Hayward Shoreline
- Tidewater Boating Center
- Martin Luther King Jr. Shoreline
- Crown Beach
- Lake Chabot
For more information about Earth Day volunteer cleanup opportunities, visit ebparks.org/get-involved/volunteer.
Earth Day Activities in the Park District
Earth Day for the Bees at Coyote Hills
Saturday, April 22, 2023, from 10-11am
Join the Park District in the Nectar Garden for the Global Earth Challenge Bee Campaign! Monitor pollinator populations, learn the importance of bees and other pollinators, and take home a native bee-friendly plant.
Earth Day at Del Valle*
Saturday, April 22, 2023, from 11am-3pm
Join the Park District at the visitor center for a scavenger hunt, make a craft to take home, explore the Oak Hills trail, and get up close with animal specimens. *pending reopening of the park
American Sign Language (ASL) Earth Day Walk at Sunol
Saturday, April 22, 2023, from 2-4pm
Celebrate Earth Day on a guided hike with professional American Sign Language interpreters. All are welcome.
Earth Day Family Nature Fun Hour – Going Green at Crab Cove
Saturday, April 22, and Sunday, April 23, 2023, from 1:30-2:30pm
Celebrate Earth Day with engaging and educational activities at the Doug Siden Visitor Center at Crab Cove.
For more information about Earth Day themed activities and programs, visit ebparks.org/earthday.
The East Bay Regional Park District is the largest regional park system in the nation, comprising 73 parks, 55 miles of shoreline, and over 1,300 miles of trails for hiking, biking, horseback riding, and environmental education. The Park District receives more than 25 million visits annually throughout Alameda and Contra Costa counties in the San Francisco Bay Area.
Read MoreEvidence of Lafayette man wrongfully convicted in 2005 high-profile murder presented to city council
Antioch private detective helps compile report, seeks public’s help in pressuring officials
By Robert J. Hansen
In 2005, 16-year-old Scott Dyleski was arrested and subsequently convicted for the murder of Pamela Vitale, the wife of nationally-recognized legal analyst and attorney Daniel Horowitz.
Private detective Ralph Hernandez and another seeker of justice, John Fitzgerald, presented a wealth of information suggesting Dyleski is innocent and was possibly framed for the murder to the Lafayette City Council at its April 10 meeting, urging the council to pressure the Contra Costa District Attorney’s Office to review Scott’s case.
“The actual murderer, or murderers, are still walking around Lafayette,” Fitzgerald said. “One of them was married to the woman that was murdered.”
Of the evidence Fitzgerald shared, the most convincing was the three K-9s who repeatedly led officers to a trailer on the property rather than following the trail that led back to Scott’s house.
“Nobody found out about this because it was never reported,” Fitzgerald said.
In the trailer were pinkish-red water in the sink, clothes soaking with blood on them, and a picture of the victim on them, according to Fitzgerald.
Many key items of potentially exculpatory physical evidence were not properly examined, according to a 2009 forensic report.
“These are items that were likely used by or associated with the offender during and after the commission of the crime. Flawed methodology and subsequent false testimony are beneath best practice, and raise the specter of potential fraud,” the report said.
Hernandez has over 50 years of investigative experience in public safety matters and is considered a national expert on investigating homicides. He began investigating Dyleski in 2011, six years after Dyleski was arrested, prosecuted and convicted of a murder Hernandez believes he did not commit.
“Scott Dyleski did not murder Pamela Vitale in your city, somebody else did,” Hernandez told the council.
Hernandez submitted a request to the Contra Costa DA’s Conviction Integrity Unit to review Scott’s case over four years ago.
After a couple of years and not hearing back from the Contra Costa DA office, Hernandez wrote a formal complaint about the DA to the Contra Costa County Board of Supervisors.
The complaint to the county, Hernandez said, has also gone unanswered.
Lafayette city council has not told Hernandez what they thought about the evidence he showed them, nor if they have any plans on getting involved.
Fitzgerald said his and Hernandez’s comments to the council sparked a community response that has led to several phone calls being made to the Contra Costa DAs office.
Scott Dyleski was sentenced to Life Without Parole in September of 2006 and transferred to San Quentin Prison on his 18th birthday, becoming the youngest inmate in the California prison system at that time.
He has since been moved to Kern Valley State Prison.
Hernandez says the public’s help is going to be needed in pressuring their elected officials to take action.
“As elected officials, they have sworn an oath to make sure the government works for the people, including the District Attorney’s Office,” Hernandez said.
This story is part of a rolling-investigative series.
Robert J Hansen is an investigative journalist with The Davis Vanguard, Newsbreak.com and is published in The Sacramento Observer.
Read MoreCollege board president, Brentwood non-profit leader, Antioch and Brentwood educators to be honored
By Juliet V. Casey, Direct of Marketing, Los Medanos College
Los Medanos College (LMC) is proud to announce the return of its annual awards to honor the legacy of César Chávez. The event had been on hiatus to help prevent the spread of COVID-19 and will be in person once again.
This community event celebrates the life of the labor leader and human rights activist. The celebration also recognizes East Contra Costa County community members who embody Chávez’s great tradition of voluntary service, civic activism, and non-violent social change.
The festivities, which are free and open to the public, will be from 6 p.m. to 9 p.m. on Friday, April 21 in the Student Union Conference Center, Pittsburg Campus, 2700 E. Leland Road in Pittsburg.
This year’s honorees:
César Chávez Award for Exemplary Community Service Recipient
Fernando Sandoval, Contra Costa Community College District Governing Board president, for work as president of Latino Voices of East Contra Costa County Chapter; community activist and education advocate; author; veteran; and Pittsburg resident.
East County Educator Award Recipient
Violeta Orozco, Jack London Elementary school counselor, for her work as head counselor at Antioch High School (AHS); and leadership for Puente at Antioch High School.
Chávez Spirit Award Co-Recipients
Diana Hidalgo for volunteer work at One Day at a Time (ODAT) and as president of ODAT Leadership Council.
Norma Guadalupe Zamora Arreguin, a human trafficking case specialist and certified investigator, for work as a paraprofessional at Garin Elementary School special education program (Brentwood); her own afterschool program for children with special needs; and as a part-time student at LMC.
The César Chávez Award for Exemplary Community Service, established in 1995, is presented to local residents who represent the core values modeled by César Chávez: “Service to Others, Sacrifice, A Preference to Help the Most Needy, Determination, Non-Violence, Acceptance of All People, Respect for Life and the Environment, Celebrating Community, Knowledge, and Innovation.”
The East County Educator Award honors members of the educational community who demonstrate a commitment to student success and equity, particularly for students of color and those from low-income families.
The Chávez Spirit Award recognizes up-and-coming leaders who have made a difference in the local community through advocacy and social justice.
For more information about all of LMC’s activities celebrating César Chávez, visit www.losmedanos.edu/chavez/events. Questions about the events or awards may be directed to Jennifer Adams at jadams@losmedanos.edu or (925) 473-7302.
About Los Medanos College (LMC): LMC is one of three colleges in the Contra Costa Community College District, serving the East Contra Costa County community. Established in 1974, LMC has earned federal designations as a Minority-Serving and Hispanic-Serving institution. It offers award-winning transfer and career-technical programs support services, and diverse academic opportunities in an inclusive learning environment. With exceptional educators, innovative curriculum, growing degree and certificate offerings, and state-of-the-art facilities, the college prepares students to succeed in their educational pursuits, in the workforce, and beyond. LMC’s Pittsburg Campus is located on 120 acres bordering Antioch, with an additional education center in Brentwood.
Read More
By Allen D. Payton
In response to the letter from the Contra Costa Public Defender Ellen McDonnell to DA Diana Becton on Friday, requesting all cases brought by the Antioch Police Department be dropped and all inmates be released, due to the racist text scandal, a meeting was held Monday afternoon to discuss the matter. (See related articles here, here and here)
DA’s Office PIO Ted Asregadoo sent the following statement “about the meeting that happened at 1 pm today at the DA’s Office”:
“Today, District Attorney Diana Becton, Public Defender Ellen McDonnell, Betty Barker from the Alternate Defender Office, and the Director of the Contra Costa Conflict Program, Oksana Tsykova met to discuss the creation of a process to address cases affected by the disclosure of cruel, racially insulting, and hostile text messages written or received by members of the Antioch Police Department.
The Contra Costa District Attorney’s Office is working to identify cases that are potentially compromised by the text messages. Once we’ve identified those cases – and any overlapping conflicts — we will initiate a detailed review process for potential dismissal, resentencing, or the preservation of convictions.
The DA’s Office is working to ensure that public safety and serving the interest of justice are priorities in this process.”
The scandal involves as many as 45 Antioch cops, focusing on 14 and one in particular, with many of them on paid leave during the police department’s own investigation.
McDonnell was asked if she had any comments about the meeting but did not respond prior to publication time.
Please check back later for any updates to this report.
Read MorePossible violation of officers’ rights, could undermine investigation; officers’ attorney considering “massive” lawsuit against DA’s Office
By Allen D. Payton
In the initial redacted version of the 21-page report dated March 27, 2023, on the racist and other offensive texts by Antioch Police Officers by the Contra Costa District Attorney’s Office revealed those officers’ cell phone numbers and the names of the Antioch and Pittsburg Police Officers under investigation by the FBI since March 2022, plus the list of their alleged “crimes of moral turpitude” that are supposed to be under court protective order. That version was leaked and posted by someone on social media Thursday morning, April 13, 2023. The result has been a firestorm because it violated the court order and possibly the police officers’ rights and could undermine the investigation. It could also result in a “massive class action lawsuit” against the DA’s Office according to the attorney for the Antioch Police Officers Association (APOA). (See related article)
The DA’s office incorrectly redacted the document before releasing it because the leaked redacted version of the report allows for copying of the information beneath the black blocks revealing the sensitive information. NOTE: The PDF of that version was not shared by the Herald. Only the PDF of the further redacted version by the DA’s Office.
It was the Herald that revealed the mistake to the CCDA’s Public Information Officer Ted Asregadoo on Thursday, who said it was an Adobe software issue. He said the information was under court protective order, thanked this reporter and said the office would be changing how they create PDF’s which they did for the final redacted copy the office issued that afternoon.
Officers Receiving Angry Calls
When asked about the matter, Mike Rains, the APOA’s attorney said, “We’re aware of it. Some of the officers have been getting angry calls.”
Asked if the DA’s Office violated the officers’ rights and if it could undermine the FBI’s and DA’s investigation of those officers, Rains said, “I think it does. I believe it will result in a massive class action lawsuit. The DA’s Office f-ed up.”
He also shared that the officers were obtaining new cell phone numbers.
“It was Deputy DA Simon O’Connell who did the redacting,” Rains stated. “I called Becton and told her they screwed up.”
Questions were sent to DA Becton, O’Connell and Asregadoo, Thursday night asking if it was O’Connell who redacted the initial version of the report and if so, will there be some form of discipline of him for doing so. They were also asked if the revelation of the phone numbers of the 14 officers on the list of those accused of sending the offensive texts and more importantly, the officers names, phone numbers and information from the investigation by the DA’s Office and the FBI, undermine that investigation and does it violate those officers’ rights.
Asregadoo responded Friday morning, copying Becton and O’Connell, “The joint CCCDAO and FBI investigation is ongoing, so we really don’t have anything to comment on at this time.”
Becton later responded simply, “Ok, thanks for the update.”
Revealed Information About FBI Investigation
The information now in the public domain, some of which was previously reported by the East Bay Times, includes the names of the Antioch and Pittsburg Officers under investigation by the FBI and DA’s Office, plus the alleged crimes they committed. They were described as “crimes of moral turpitude” which is defined as “conduct that shocks the public conscience, or which does not fall within the moral standards held by the community” for buying and selling controlled substances believed to be steroids among themselves. (See related articles here and here)
The portion of the report that was supposed to be redacted and out of public view reads as follows:
“The FBI is currently investigating the police officers for violations of the following federal offenses; Title 21, United States Code, Sections 841(A), distribution, and possession with intent to distribute a controlled substance; Section 843(b) illegal use of the mail in furtherance of narcotic trafficking; Title 18, USC, 1503 Obstruction of Justice; Section 846, attempt and conspiracy to commit the foregoing offenses; Section 241, Conspiracy for two or more persons to agree to injure, threaten, or intimidate a person in the United States in the free exercise or enjoyment of any right or privilege; and Section 242, a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States. The CCCDAO is investigating these officers for assault under the color of authority, bribery, embezzlement, possession of controlled substances (steroids) for sale, knowing or offering any false or forged instruments, possession, and sales of assault weapons, and attempt and conspiracy to commit the foregoing offenses. The CCCDAO is also reviewing whether any of the above listed individuals have violated Penal Code (PC) section 745, the Racial Justice Act, which prohibits the use of race, ethnicity, or national origin by a law enforcement officer in pursuit of a conviction or sentence.
On 03/22/2022, the Honorable Presiding Judge Rebecca C. Hardie, Judge of the Superior Court of California, Contra Costa County, signed a search warrant under seal authored by CCCDAO Senior Inspector Larry J. Wallace for the seizure and search of the following cellular telephones: Pittsburg Police Officer Willie Glasper, (redacted phone number); Pittsburg Police Officer Brauli Rodriguez Jalapa, (redacted phone number); Pittsburg Police Officer Ernesto Juan Mejia-Orozco, (redacted phone number); Pittsburg Police Officer James Robert Anderson, (redacted phone number); Antioch Police Officer Ben C. Padilla, (redacted phone number); Antioch Police Officer Eric Rombough, (redacted phone number); Antioch Police Officer Devon Wenger, (redacted phone number); and Antioch Police Officer Andrea Rodriguez, (redacted phone number). The search warrants and affidavits were signed under seal and filed with the Martinez Superior Court.
On 03/22/22, the Honorable Laurel Beeler, United States Magistrate, Northern District of California, signed a federal search warrant under seal authored by FBI Special Agent (SA) Thuy Zoback for the seizure of the following cellular telephones: Pittsburg Police Officer Armando Montalvo; Pittsburg Police Officer Patrick Berhan; Antioch Police Officer Timothy Manly Williams; Antioch Police Officer Morteza Amiri, Antioch Police Officer Nicholas Shipilov; Antioch Police Officer Eric Rombough; Antioch Police Officer Daniel Harris; and Antioch Police Officer Calvin Prieto. The purpose of the search warrants were to seize electronic communications; such as, but not limited to the following: records and communications indicating the possession, use, purchase, sale, distribution, transfer, theft, and/or concealment of controlled substances, including books, receipts, notes, ledgers, pay and owe sheets, correspondence, records noting price, quantity, date and times when controlled substances were purchased, possessed, transferred, distributed, sold or concealed.
On 03/23/2022, sworn law enforcement members of the CCCDAO and the FBI retrieved the above listed cellular telephones from the above listed sworn law enforcement members of the Pittsburg and Antioch Police Departments. Law enforcement members from the CCCDAO and the FBI downloaded/extracted electronic cellular data communications from the above listed cellular telephones. A thorough review of the electronic cellular data communications took place for the past year.”
Rains Exploring Legal Options
“I am exploring legal options including a possible lawsuit related to our grave concerns about the way in which this report was ordered released by the court to begin with, when I was supposed to be given the opportunity on behalf of the officers to seek a protective order,” Rains stated on Monday. “Plus, the release by the DA’s Office when they told me, the judge told me to tell Chief Assistant DA Simon O’Connell to not release the report until I had the opportunity to be heard. We tried to set up dates with the defense attorneys on Monday, after the morning appearance I made. Then I received an email from O’Connell on Tuesday that the judge ordered the report released. I feel betrayed by both the judge and by the DA’s Office.”
“I’m exploring the damages done to the officers due to the actions by the DA’s Office,” he added.
Read More