Contra Costa Herald

Following investigation of in-custody death of Arturo Gomez Calel; while on meth attempted to break into occupied vehicles, struggled with and was tased by police

Mayor Thorpe used incident to push his police reforms at special Friday meeting later that week

By Ted Asregadoo, PIO, Contra Costa District Attorney’s Office

Martinez, Calif. –  On Friday, Jan. 13, 2023, the Contra Costa District Attorney’s Office released a report on the 2021 in-custody death of 33-year-old Arturo Gomez Calel in Antioch clearing police of any wrongdoing. The DA determined as written below, “the use of force by Antioch Police Officers was lawful and permitted”. 

The incident occurred just after midnight on Wednesday, February 24, 2021 in which Gomez was on meth, attempting to break into occupied vehicles on a major city street, then struggled and was Tasered by police. Later that day, Mayor Lamar Thorpe held an emergency press conference with then-Police Chief Tammany Brooks and used the incident to push his police reforms at a special Friday meeting that week. (See related article)

The report is part of a Contra Costa County protocol to investigate incidents where police officers or civilians are shot or die during an encounter with law enforcement. The District Attorney’s Office conducts its own independent investigation into law enforcement fatal incidents (LEIFI) and details those findings — along with a legal analysis and a charging decision – in a report that’s released to the public. The release of the LEIFI report on Gomez is the final step in the investigation.

District Attorney Diana Becton notes, “My administration has been committed to public safety, transparency, and increased accountability since I was elected in 2018. The LEIFI investigations are an example of that commitment to be transparent with the public about in-custody deaths like that of Mr. Gomez.” 

The February 24th, 2021, incident involving Arturo Gomez began after midnight when Gomez placed a 911 call to authorities claiming his phone had been hacked. A dispatcher noted that Gomez sounded paranoid and appeared to be in an argument with another person – whom authorities later learned was a Lyft driver. While Gomez was traveling in the Lyft vehicle, he came into possession of the driver’s phone after Gomez asked to see the address he was going to. At one point, the Lyft driver said he became fearful Gomez was going to physically harm him and exited the vehicle. Gomez proceeded to climb into the driver’s seat and attempted to drive off. However, his efforts were thwarted by the Lyft driver — who retrieved the ignition key before Gomez could drive away. Gomez then exited the vehicle and fled on foot. 

When officers from Antioch Police arrived on the scene at Lone Tree Way at Ridgerock Drive, Gomez was on a cell phone. As an officer approached him, Gomez backed away saying “You’re a fake cop.” Gomez then led the officers on a foot chase where he eventually ran into traffic on Lone Tree Way. To mitigate the safety hazard Gomez was creating, police set up a traffic break to prevent vehicles from traveling through the incident area.

While trying to evade police, Gomez tripped and fell to the ground on James Donlon Boulevard. One officer ordered him to stay on the ground, but Gomez ignored the command. Officers then tried to physically subdue him, but Gomez continued to struggle, and a physical altercation ensued. After multiple Taser deployments on Gomez, the officers were eventually able to handcuff him. At no point did any of the officers involved use the weight of their body on Gomez’s back or neck, nor did they use a carotid restraint on him.

However, shortly after Gomez was detained, he became unresponsive and stopped moving altogether. Officers rolled him onto his left side, noticed his breathing had become labored and then began administering life-saving measures while emergency medical personnel were enroute. Gomez died later at a local hospital.

An autopsy to determine the cause of Gomez’s death was performed by Dr. Arnold Josselson on February 25th. Dr. Josselson found Gomez had 910 nanograms of methamphetamine and 54 nanograms of amphetamine in his blood — substances which, when taken in large doses, can lead to convulsions, circulatory collapse, hallucinations, and cardiac arrest. Dr. Josselson concluded that Gomez died from “asphyxia and cardiac arrest while in a prone position during a struggle with police after being tased while under the influence of methamphetamine.” 

During his testimony at the Coroner’s Inquest on April 29, 2022, Dr. Josselson explained to the jurors the three-step process that led to Gomez’s death. The first stage was brought on by the amount of methamphetamine in his system; an amount that gave rise to his aggressive and physically active behavior when resisting police arrest. In the second stage, Gomez’s muscles were completely exhausted and lacked the ability to expand his rib cage allowing him to breathe. The third stage was brought about by low oxygen levels that led to his heart stopping. Following the testimony of Dr. Josselson and other witnesses, the jury reached a unanimous verdict that Arturo Gomez’s death was an accident (i.e., an unforeseen event, misfortune, act, or omission with no evidence of an intent to harm or cause death). 

In its legal analysis, the District Attorney’s Office concluded that, given the totality of facts in this incident, the use of force by Antioch Police Officers was lawful and permitted pursuant to California Penal Code sections 835, 835a, 835a(a)(4), and 835a(b). Consequently, the Contra Costa District Attorney’s Office will take no further action regarding the in-custody death of Arturo Gomez. 

The District Attorney’s Office is in the process of notifying the Gomez family about the publication of this report. A copy of the report has also been sent to state Attorney General Rob Bonta’s office and is available on the District Attorney’s website.

Allen D. Payton contributed to this report.

(Martinez, CA) – Contra Costa County offices will be closed on Monday, Jan. 16, in observance of Martin Luther King Jr. Day. Emergency services and law enforcement will remain available. Visit www.contracosta.ca.gov to find information about County services.

Las oficinas del condado de Contra Costa estarán cerradas el lunes 16 de Enero en conmemoración del Día de Martin Luther King Jr. Los servicios de emergencia y las fuerzas del orden seguirán disponibles. Visite www.contracosta.ca.gov para encontrar información sobre los servicios del condado.

Monday, January 16, 2023  5PM-6:30PM PST

Virtual Zoom Meeting ID: 883-1219-9047

Passcode:104854

The Congressional Coalition of Africans in the Diaspora (CCAD), cordially invites you to our Dr. Martin Luther King, Jr. Day Celebration under the theme: “Bridging the gap between Africans & African Americans in our quest for a better society, justice, and equity.”

“Injustice anywhere is a threat to justice everywhere,” said Dr. Martin Luther King, Jr.

Special guest speakers include community leaders, activists and youth from the African and African American communities discussing issues that matter in honoring the legacy of the Rev. Dr. Martin Luther King, Jr.

For Information, contact Dr. Veronica Ufoegbune or Ms. Lovetta Tugbeh (925) 727-8291

UBUNTU (UNITY)

REGISTER at https://www.eventbrite.com/e/africans-commemorate-dr-martin-luther-king-jr-day-tickets-501393430247

Join the Challenge

The 6th Annual San Francisco Bay Area Six-Pack of Peaks Challenge™ is a self-paced hiking and trail running challenge up six iconic Bay Area mountains.

You choose whether you want to complete them in six days, six weeks or take the entire year. Set the schedule that works best for you.

The peaks include Mt. Umunhum – elevation 3,486 feet, Mt. Saint Helena – elevation 4,341 feet, Mt. Diablo – elevation 3,849 feet, Mt. Tamalpais – elevation 2,572 feet, Mt. Sizer – elevation 3,215 feet and Rose Peak – elevation 3,817 feet. Plus, new for 2023 a seventh peak, Berryessa Peak – elevation 3,041 feet.

You can climb them in order as you build your strength and endurance or mix it up. The choice is yours. Your registration will help support Big City Mountaineers, so you’ll be doing good for others with each peak you climb.

$50.00 Registration includes:

• Welcome Packet with instructions on logging your hikes and personalizing your profile
• Leave No Trace reference card
• 2023 Bay Area Hiker Tag
• 2023 NorCal Six-Pack of Peaks Challenge sticker pack
• Access to the challenger-only hike log. Log your Six-Pack hikes and share photos on SocialHiker.net. Hike them solo, with friends, or with a group. Hike at your own pace and schedule, but hike them between January 1, 2023 and December 31, 2023.
• Personalize profile to track your progress.
• Earn virtual badges for each Six-Pack hike you complete. And you might pick-up a few surprise badges along the way!
• Connect with other challengers. You can share hike logs, post photos and add comments in the activity stream.
• Exclusive access to our challengers-only discussion forumwhere you can connect with other challengers and pick up advice for successfully hiking each of the six hikes.
• Monthly gear giveaways
• Peak reports and training tips

Hike and log all the Six-Pack peaks between January 1 and December 31, 2023 and you’ll earn the coveted Finisher Pin and a chance to win the grand prize in our gear giveaway.

This registration is for adults 18 years or older. If you are a parent or guardian registering a minor, click here.

For more details and to register for the challenge visit https://socialhiker.net/six-pack-peaks-challenge/san-francisco-bay-area/.

Photo: San Ramon Regional Medical Center

John Muir Health (JMH) has entered into a definitive agreement with Tenet Healthcare to acquire sole ownership of San Ramon Regional Medical Center (SRRMC).  JMH has owned a 49% interest in SRRMC since 2013 and, under the new agreement, will acquire the remaining 51% interest from Tenet for approximately $142.5 million.

The transaction is subject to various closing conditions, including review by the Federal Trade Commission. Until these conditions are met and the transaction is closed, SRRMC will continue to operate under the current joint venture structure between JMH and Tenet.

“We believe that this acquisition is good for our community, caregivers, patients, and John Muir Health and San Ramon Regional Medical Center,” said Mike Thomas, president and CEO of John Muir Health.

By acquiring SRRMC, JMH will be able to further enhance care for the community by:

• Integrating SRRMC onto JMH’s version of Epic, the electronic health record used in the health system’s inpatient and outpatient facilities and by nearly 1,000 physicians and healthcare providers throughout the community.
• Extending JMH’s quality enhancement and population health programs to SRRMC and the surrounding community.
• Making investments in facilities and enhanced services at SRRMC to reduce the number of patients leaving the community for their care.
• Extending JMH’s non-profit community benefit programs to the SRRMC area.
• Eliminating duplicative administrative expenses.

Acquiring SRRMC is consistent with JMH’s history and will further the health system’s mission to improve the health of the communities it serves with quality and compassion. In 1997, John Muir Medical Center and Mt. Diablo Medical Center came together along with the John Muir Physician Network to create John Muir Health to better serve the community.

“We’re excited about this potential acquisition. At the same time, we will continue to make investments in current John Muir Health people, programs and services,” continued Thomas. “We view this as a long-term opportunity to expand our services and better serve the growing populations in the San Ramon Valley and Tri-Valley. By allocating fixed costs over a broader scope of operations, we will also improve cost effectiveness for patients and health plans.”

The parties expect the transaction to close in 2023.

About John Muir Health

John Muir Health is a nationally recognized, not-for-profit health care organization east of San Francisco serving patients in Contra Costa, eastern Alameda and southern Solano Counties. It includes a network of more than 1,000 primary care and specialty physicians, 6,500 employees, medical centers in Concord and Walnut Creek, including Contra Costa County’s only trauma center, and a Behavioral Health Center. John Muir Health also has partnerships with UCSF Health, Tenet Healthcare/San Ramon Regional Medical Center, Stanford Children’s Health, Optum and Carbon Health. The health system offers a full-range of medical services, including primary care, outpatient and imaging services, and is widely recognized as a leader in many specialties – neurosciences, orthopedic, cancer, cardiovascular, trauma, emergency, pediatrics and high-risk obstetrics care.

Supervisor Ken Carlson sworn in by Rep. Mark DeSaulnier on Monday, Jan. 2, 2023, and in his official photo. Source: Supervisor Ken Carlson

Board elects Gioia as Chair, Glover as Vice Chair, make “Health and Equity for All” their priority for 2023

By Contra Costa County Office of Communications & Media

(Martinez, CA) – Two of California’s longest serving Supervisors, John Gioia and Federal D. Glover, take on leadership of the Contra Costa County Board of Supervisors, and Ken Carlson is sworn in as Contra Costa’s newest Supervisor.

At today’s Board of Supervisors meeting, Superior Court Judge Joni T. Hiramoto administered the oath of office to District 1 Supervisor John Gioia for his seventh term as County Supervisor. History was made when Judge Hiramoto also administered the ceremonial oath of office to former Pleasant Hill Councilmember Ken Carlson. District 4 Supervisor Carlson, who was elected to the Board on November 8, 2022, replaces retired Supervisor Karen Mitchoff.

Carlson was officially sworn in on Monday, January 2 inside the Pleasant Hill City Council Chambers. In a post on his official Facebook page that day, Carlson wrote, “On Monday, Rep. Mark DeSaulnier administered my oath of office, which officially starts my term on the Contra Costa County Board of Supervisors. I am proud and humbled to have been elected to represent the communities of Pleasant Hill, Clayton, Concord, and Walnut Creek.”

District 4 includes Pleasant Hill, Concord, Clayton and parts of Walnut Creek and Morgan Territory. In taking on his new role, Carlson said, “I am proud to represent the residents of District 4, to be the first Contra Costa LGBTQIA+ Supervisor and to continue my family’s legacy set by my grandfather. I look forward to improving our mental health crisis response, expanding our homeless services capacity, and ensuring all have equitable access to our county services.”

Supervisors Glover and Gioia were joined by family members as Judge Joni T. Hiramoto administers their oaths of office as Board Vice Chair and Chair on Tuesday, Jan. 10, 2023. Photo: Contra Costa County

Supervisor Gioia was also sworn in, Tuesday as Board Chair for 2023 and Supervisor Federal D. Glover was sworn in as Vice Chair.

District 1 Supervisor John Gioia represents Richmond, San Pablo, El Cerrito, Pinole, Kensington, El Sobrante, North Richmond, Rollingwood, Montalvin Manor and Tara Hills.  John was first elected to the Board of Supervisors in 1998 and was re-elected last year with 85% of the vote (the highest vote percent of any Supervisor in California who faced an opponent).  He is currently the third longest serving Supervisor in California and at the end of his current term of office will be tied as Contra Costa’s second longest serving County Supervisor.   He served five previous terms as Board Chair and takes the leadership role from outgoing Chair Karen Mitchoff, who retired at the end of her term.

“I’m proud and excited to continue my work representing the diverse communities of District 1 and fighting to achieve health and equity for all county residents,” said Gioia.

District 5 Supervisor Federal D. Glover, who represents Hercules, Rodeo, Crockett, Martinez, Bay Point, Pacheco, Clyde, Pittsburg and parts of Antioch and Marsh Creek, is the Board’s first and only African-American Supervisor.  He was elected to the Board in 2000, served four previous terms as Chair and is the fourth longest serving Supervisor in California.

Gioia and Glover will lead the five-member elected body that sets the direction of County government and oversees its $4.4 billion budget to serve the 1.2 million residents of this diverse East Bay county with a “AAA” bond rating.

Board Chair Gioia and Vice Chair Glover intend to make “Health and Equity for All” their priority for 2023 as they lead the establishment of a new County Office of Racial Equity and Social Justice and continue their work to reduce health disparities across race and ethnicity.

For more information about Contra Costa County and its Board of Supervisors, visit the County’s website at www.contracosta.ca.gov or the webpage: https://www.contracosta.ca.gov/7283/Board-of-Supervisors.  For more information about Supervisor John Gioia, visit his County webpage at https://www.contracosta.ca.gov/5216/District-1-Supervisor-John-M-Gioia, for more about Supervisor Federal D. Glover, visit his County webpage at https://www.contracosta.ca.gov/781/District-5-Supervisor-Federal-D-Glover and for information about Supervisor Ken Carlson, visit his County webpage at https://www.contracosta.ca.gov/6291/District-4-Supervisor-Ken-Carlson.

Allen D. Payton contributed to this report.

Rep. Mark DeSaulnier

Washington, D.C. – U.S. House of Representatives’ Democratic Leader Hakeem Jeffries announced today that the Democratic Caucus affirmed his nominations to the House Committee on Ethics for the 118th Congress. They will serve under the leadership of Ranking Member Susan Wild of Pennsylvania.

“Today, I am honored to appoint Reps. Veronica Escobar, Mark DeSaulnier, Deborah Ross and Glenn Ivey to the House Committee on Ethics. These Members have each shown a steadfast commitment to good governance and they exemplify our Democratic values of integrity, transparency and accountability. Under the leadership of Ranking Member Susan Wild, these Members will protect the sanctity of the People’s House and ensure that our elected officials uphold the highest ethical standards.

I look forward to working with Representatives Wild, Escobar, DeSaulnier, Ross and Ivey to put People Over Politics and I thank them for their service on this important committee.”

DeSaulnier represents California’s 10th District in the House of Representatives which includes most of Contra Costa County.

Concord Councilman Dominic Aliano

Dominic Aliano. Source: City of Concord

SACRAMENTO – Senator Steve Glazer, D-Contra Costa who represents the 7th State Senate District, announced this week that he has hired Concord City Council Member Dominic Aliano as his new District Coordinator.

“I’m excited to bring Dominic on board to lead our District office,” Senator Glazer said. “Dominic has a strong background in delivering on the needs of local constituents. And he brings a personal history to my Senate District, having been raised in Concord and serving their residents on the City Council.”

Aliano will begin on January 9. He replaces George Escutia, who served under Senator Glazer since 2015, the last three and a half years as district director.

Since 2015, Aliano has served as district representative for two Contra Costa County supervisors – Karen Mitchoff and Federal Glover. His work included economic development, sustainability, environmental health and zoning and code enforcement.

Aliano has also worked in a variety of leadership positions. He has served on Concord’s City Council since December 2018, including as mayor; on the Boards of Directors for the Monument Crisis Center, Todos Santos Business Association and Support4Recovery; and as a Planning Commissioner for the City of Concord.

Aliano graduated in 2014 with a bachelor’s degree in political science from Whitworth University in Spokane, Washington.

The 7th District is comprised of the following cities: Dublin, Livermore, Pleasanton, Antioch, Brentwood, Clayton, Concord, Danville, Lafayette, Martinez, Moraga, Oakley, Orinda, Pittsburg, Pleasant Hill, San Ramon, Walnut Creek.

Source: Martinez Refining Company

Released more than 20 tons of metal-laden dust on Thanksgiving, CC Health not notified, no public warning issued

On Wednesday, Jan. 4, 2023, Contra Costa Health (CCH) formally requested that the District Attorney consider taking legal action against the Martinez Refining Company (MRC) for not notifying the County after the refinery released more than 20 tons of metal-laden dust into the community over the Thanksgiving holiday.

The accidental release of “spent catalyst” from the refinery during multiple flarings, began around 9:30 p.m. on Nov. 24 (Thanksgiving Day) and continued into the early hours of Nov. 25, showering the surrounding community in the dust-like substance. Samples of the dust taken later showed it had elevated levels of aluminum and other metals, which could have potentially caused respiratory symptoms in people who breathed it. Prolonged exposure to these metals can lead to health concerns.

MRC did not report the release via the county’s Community Warning System or directly to CCH, as required by the county’s notification policy. CCH learned about the release from media accounts two days after it began. Had MRC followed the notification policy, the Community Warning System would have been activated to notify the community about the hazard at the time of the accident.

“It is unacceptable that the refinery did not notify County Health Services of their chemical release and that the County learned about it through the media,” said John Gioia, Chair of the Contra Costa County Board of Supervisors. “By failing to notify the County in a timely manner, the refinery delayed an emergency response that could have reduced harm to the surrounding community.”

“We rely on our industrial businesses to follow the rules and be good neighbors – and most of the time, they are. But when an industrial facility doesn’t follow the rules and possibly puts its neighbors in harm’s way, as in this case, then they must be held accountable,” said Supervisor Federal Glover, whose district includes the Martinez refinery.

The District Attorney’s Office has approximately 30 days to decide whether to accept the enforcement case referral from CCH.

In a separate but related move, CCH is also recommending an independent investigation and risk assessment be done of the accidental release of spent catalyst from the refinery. The Contra Costa Industrial Safety Ordinance (ISO) Ad Hoc Committee, which is appointed by the County Board of Supervisors, will consider that recommendation at its Jan. 12 meeting at 1 p.m., which is open to the public.

A Nov. 30th post on MRC’s Facebook page reads, “On November 30, 2022, Contra Costa County Health Services held a news briefing regarding the Martinez Refining Company spent catalyst release that occurred overnight last Thursday, November 24th. You can watch a video of the County’s briefing https://www.youtube.com/watch?v=9PovDvIq7IQ

This incident is still under internal and external investigations, and we appreciate the cooperation and responses of the Contra Costa County Health Services and Bay Area Air Quality Management District. MRC will continue working with the agencies on this matter. Again, we apologize for the inconvenience this incident has posed to our neighbors and community.”

In that video, Contra Costa Health Officer Dr. Ori Tzveli said, “Contra Costa Health does not believe that there is an immediate risk to the community from this event. Breathing the air containing this material could have caused temporary respiratory symptoms…during the incident. Anyone who experienced those or are continuing to experience those should contact their healthcare provider. Exposure during a single event like this would be unlikely to cause any major health problems.”

“We will be working with the facility to make sure exposures like this don’t happen again,” he added.

MRC is owned by New Jersey-based PBF Energy. According to the parent company’s website, it “is one of the largest independent petroleum refiners and suppliers of unbranded transportation fuels, heating oil, petrochemical feedstocks, lubricants and other petroleum products in the United States.”

Asked for comment about CCH’s request, MRC’s Community Relations Advisor, David Schoenthal responded, “While this incident is still under internal and external investigation, MRC will continue cooperating with all agencies.”

Allen D. Payton contributed to this report.