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As Prop 36 goes into effect CA Attorney General Bonta issues info bulletin to law enforcement

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Increases penalties for shoplifting and certain drug crimes

On Dec. 13, California Attorney General Rob Bonta issued an Information Bulletin to all law enforcement agencies in the state about Proposition 36 which passed overwhelmingly in November and went into effect on Wednesday, Dec. 18th. The bulletin highlights the statutory changes and additions made to current law under the proposition known as “The Homelessness, Drug Addiction, and Theft Reduction Act.”

“Ultimately, our success in combating organized retail crime hinges on our ability to work together, innovate, and remain steadfast in our commitment to protecting our neighborhoods and businesses,” said Attorney General Bonta. “Let us harness the strength of our partnerships, the power of new legislation, and the collective resolve of our community to create a safer and more secure environment for everyone. My office is committed to fighting organized retail crime head on.”

Proposition 36 modifies existing law and adds substantive charges and enhancements to areas of the Penal Code and Health and Safety Code regarding theft, property damage, and drug-related crimes. The changes include the creation of new felony theft and drug crimes targeting recidivist offenders, removal of eligibility for the sentences of certain offenses to be served in county jail pursuant to Penal Code section 1170(h) as opposed to state prison, and alignment of the punishment for crimes involving fentanyl with that of other similar controlled substances.

Following is Bonta’s Information Bulletin:

TO: ALL CALIFORNIA LAW ENFORCEMENT AGENCIES PROPOSITION 36: “The Homelessness, Drug Addiction, and Theft Reduction Act”

On November 5, 2024, California voters passed Proposition 36, known as “The Homelessness, Drug Addiction, and Theft Reduction Act.” Proposition 36 takes effect on December 18, 2024.

Proposition 36 modifies existing law and adds substantive charges and enhancements to areas of the Penal Code and Health and Safety Code regarding theft, property damage, and drug-related crimes. The changes include: (1) the creation of new felony theft and drug crimes targeting recidivist offenders; (2) removal of eligibility for the sentences of certain offenses to be served in county jail pursuant to Penal Code section 1170(h); and (3) alignment of the punishment for crimes involving fentanyl with that of other similar controlled substances.

The purpose of this bulletin is to highlight the statutory changes and additions made by Proposition 36.

CHANGES UNDER PROPOSITION 36 RELATING TO THEFT AND PROPERTY DAMAGE

Penal Code section 490.3 (Aggregation of Losses in Multiple Thefts): Proposition 36 creates a new Penal Code section 490.3 which permits aggregation of the value of property or merchandise stolen during multiple thefts to meet the $950 threshold for a felony without having to prove that the various crimes were motivated by one intention, one general impulse, and one plan. This new section applies to theft or shoplifting, including, but not limited to, violations of Penal Code sections 459.5, 484, 488, and 490.2.

Penal Code section 490.3 applies “notwithstanding any other law,” and is therefore broader than other laws such as Penal Code section 487, subdivision (e) and the new Penal Code section 12022.10,1

1 which would permit aggregation only in limited circumstances, such as if the acts were motivated by one intention, one general impulse, and one plan, or only if there was a common scheme or plan, respectively.

Penal Code section 666.1 (Felony Crime of Theft with Two Prior Thefts): Penal Code section 666.1 is a new, recidivist felony offense of committing petty theft or shoplifting while having two or more prior misdemeanor or felony convictions for specified theft-related crimes. A first conviction under Penal Code section 666.1, subdivision (a)(1) is punishable in county jail pursuant to Penal Code section 1170(h), second or subsequent convictions are punishable in county jail or state prison. Other notable aspects of Penal Code section 666.1 include:

  • There is no “washout” timeframe on the prior convictions that qualify a defendant to be charged with a violation of Penal Code section 666.1(a)(1)—all prior convictions qualify, regardless of when they occurred.
  • Although Penal Code section 666.1 does not mandate that the two or more specified prior convictions be alleged in the accusatory pleading, existing authority suggests that the prior convictions must be alleged and proved at preliminary hearing so a defendant can be held to answer on a Penal Code section 666.1 charge. (See People v. Casillas (2001) 92 Cal.App.4th 171.)
  • Section 666.1 applies “notwithstanding any other law,” meaning that it will apply even if a defendant could alternatively have been prosecuted for a misdemeanor theft-related charge pursuant to another statute.
  • Upon arrest on a Penal Code section 666.1 charge, subdivision (c) requires judicial review prior to release from custody to make an individualized determination of the arrestee’s risk to public safety and likelihood to return to court.

Penal Code section 12022.6 (Excessive Takings Enhancement): Proposition 36 re-enacts and modifies several aspects of the Penal Code section 12022.6 enhancement, which was repealed at the end of 2017 because of a sunset date. Penal Code section 12022.6 applies when an offender takes, damages, or destroys property in the commission or attempted commission of a felony, or commits a felony in violation of Penal Code section 496 (possessing/receiving/selling stolen property). This enhancement must be pled and proved. The enhancements are as follows:

  • One-year enhancement – loss or property value over $50,000
  • Two-year enhancement – loss or property value over $200,000
  • Three-year enhancement – loss or property value over $1 million
  • Four-year enhancement – loss or property value over $3 million
  • One-year enhancement for every additional loss or property value of $3 million (imposed in addition to the four-year, $3 million enhancement)

The enhancements may be imposed if the combined losses to the victims or the combined property values from all felonies exceed the threshold amounts and arise from a common scheme or plan. The enhancement permits the court to impose a Penal Code section 12022.6 enhancement and another enhancement on a single count, including an enhancement pursuant to new Penal Code section 12022.65 (acting in concert to take, damage, or destroy property—see below). Thus, a defendant may be punished for both acting in concert (Pen. Code § 12022.65) and for taking or damaging property valued at more than $50,000 (Pen. Code § 12022.6). The punishment specified in Penal Code sections 12022.6, subdivisions (a)(1) and (a)(2) will continue to apply where Penal Code section 186.11 has been charged, as it previously did.2

Penal Code section 12022.65 (Theft or Property Damage In-Concert Enhancement): Penal Code section 12022.65 is a new enhancement that applies when an offender acts in concert with two or more persons to take, attempt to take, damage, or destroy property, in the commission or attempted commission of a felony. This enhancement has a range of one, two, or three years and must be pled and proved.

CHANGES UNDER PROPOSITION 36 RELATING TO CONTROLLED SUBSTANCES

Health and Safety Code section 11369 (Warning to Dealers of Hard Drugs): Proposition 36 creates a new section 11369 in the Health and Safety Code section 11369 which requires the trial court to advise anyone convicted of a violation of Health and Safety Section 11351, 11351.5, 11352, 11378, 11378.5, 11379, 11379.5, or 11379.6 involving a hard drug,3 that distributing, selling, furnishing, administering, giving away, or manufacturing any drug is extremely dangerous and deadly to human life, and if the conduct continues, the defendant can be charged with homicide, up to and including murder.4 The admonishment must be given to the defendant in writing and the court record must reflect that the admonishment was given.

Health and Safety Code section 11370.1 (Possessing a Drug While Armed with a Firearm): Health and Safety Code section 11370.1 is modified by Proposition 36 to expand the felony crime of unlawfully possessing a specified substance while armed with a loaded, operable firearm to include any substance containing fentanyl. Health and Safety Code section 11370.1 continues to apply to substances containing cocaine, cocaine base, heroin, methamphetamine, or phencyclidine, and continues to provide punishment of two, three, or four years in state prison.

Health and Safety Code section 11370.4 (Controlled Substance Weight Enhancement): Health and Safety Code section 11370.4 is modified by Proposition 36 by adding a new subdivision (c), which provides a range of enhancements for a violation of Health and Safety Code sections 11351, 11352, or a conspiracy to violate either section, involving fentanyl.5 The following chart breaks down the nine new weight enhancements for fentanyl in specific quantities:

Source: Office of the CA Attorney General

New subdivision (e) provides that notwithstanding Penal Code section 1170, subdivision (h)(9), a defendant convicted of an underlying violation specified in Health and Safety Code section 11370.4 (e.g., Health & Saf. Code §§ 11351, 11351.5, 11352, 11378, 11378.5, 11379, and 11379.5) who admits a weight enhancement or for whom a weight enhancement is found true for any of the listed controlled substances, is punishable in state prison and not county jail pursuant to Penal Code section 1170, subdivision (h).

Health and Safety Code section 11395 (“Treatment-Mandated Felony Act”): Proposition 36 creates Health and Safety Code section 11395, a new, recidivist felony offense of possessing a “hard drug” and having two or more prior felony or misdemeanor convictions for specified drug-related crimes. A violation of Health and Safety Code section 11395 is punishable in county jail pursuant to Penal Code section 1170(h) for a first conviction. Subsequent convictions are punishable in state prison. Both first and subsequent convictions are wobblers and eligible for probation unless otherwise prohibited. Other notable aspects of Health and Safety Code section 11395 include:

  • Section 11395 applies “notwithstanding any other law,” meaning that it will apply even if a defendant would have been eligible for a misdemeanor drug possession charge (e.g., Health & Saf. Code § 11350 or 11377), Penal Code section 1000 drug diversion, or probation for a non-violent drug possession offense pursuant to Penal Code section 1210.1.
  • The two or more prior convictions of specified crimes within Health and Safety Code section 11395, subdivision (c) may be either misdemeanor or a felony convictions.
  • There is no “washout” timeframe on the prior convictions that qualify a defendant to be charged with a violation of Health and Safety Code section 11395—all prior convictions qualify, regardless of when they occurred.
  • Prior convictions must be pled and proven. (Health & Saf. Code, § 11395, subd. (c).)
  • Upon booking for a violation of Health and Safety Code section 11395, subdivision (f) requires judicial review prior to release from custody to make an individual determination of the arrestee’s risk to public safety and likelihood to return to court.

Health and Safety Code section 11395 also provides an option for treatment in lieu of incarceration for its offenses. Health and Safety Code section 11395, subdivision (d) provides that a defendant may choose treatment instead of county jail, state prison, or a grant of probation with county jail as a condition of probation.6 Upon successful completion of the treatment program, the positive recommendation of the  treatment program, and a motion by the defendant, the court shall dismiss the Health and Safety Code section 11395 charge. (Heath & Saf. Code, § 11395, subd. (d)(3).)

Penal Code section 12022, subdivision (c) (Drug Crimes While Personally Armed with a Firearm): Proposition 36 amends Penal Code section 12022, subdivision (c) to provide that the enhancement for individuals convicted of specified drug offenses and who are personally armed with a firearm, must serve the additional term in state prison instead of county jail. Subdivision (c) is further amended to provide that, notwithstanding Penal Code section 1170, subdivision (h)(9), a defendant convicted of a specified underlying violation who admits a Penal Code section 12022, subdivision (c) firearm enhancement or has such an enhancement found true, is punishable in state prison even if the underlying offense is a section 1170, subdivision (h) county jail offense.

Penal Code section 12022.7 (Great Bodily Injury (GBI) Enhancement For Drug-Related Injury): Proposition 36 amends Penal Code section 12022.7 to add subdivision (f)(2), which explicitly provides that “a person who sells, furnishes, administers, or gives away a controlled substance is deemed to have personally inflicted great bodily injury when the person to whom the substance was sold, furnished, administered, or given suffers a significant or substantial physical injury from using the substance.” This creates a great bodily injury enhancement that can be charged when the person to whom an offender supplies a drug suffers a serious injury from using the drug, including death.7

1 Penal Code section 12022.10 is a new enhancement created by Senate Bill 1416, effective January 1, 2025, for selling, exchanging, or returning for value, property acquired through one or more acts of shoplifting, theft, or burglary from a retail business. It also applies to attempted selling, exchanging, or returning, and has a sunset date of January 1, 2030. By contrast, Penal Code section 490.3 does not address the aggregation of sales of stolen property.

2 Assembly Bill 1960, effective on January 1, 2025, adds a Penal Code section 12022.6 excessive taking enhancement that is almost identical to that in Proposition 36. The non-substantive difference is that AB 1960 contains a sunset date of January 1, 2030, and Proposition 36 does not contain a sunset date.

3 “Hard drug” means a controlled substance listed in Health and Safety Code section 11054 or 11055, except that it does not include substances listed in Health and Safety Code section 11054, subdivisions (d) and (e), or, with the exception of methamphetamine, any other substance listed in Health and Safety Code section 11055, subdivision (d). (Health & Saf. Code, § 11369, subd. (d).)

4 Vehicle Code section 23593 similarly provides that, upon conviction of certain Vehicle Code provisions, courts are required to give an advisement about the dangers of drinking and driving, and warn that if someone is killed, the offender can be charged with murder.

5 Health and Safety Code section 11370.4, subdivision (a)(1) removes fentanyl from the list of controlled substances. The modification to Health and Safety Code section 11370.4 puts fentanyl in its own subdivision (c)(1) and lowers the quantity thresholds because fentanyl is more lethal than other substances in small doses. Health and Safety Code section 11370.4, subdivision (a)(1) still applies to heroin, cocaine, and cocaine base and does not change the quantities or punishment for those substances.

6 Section 11395 is a deferred entry of judgment program, in which the defendant must plead guilty or no contest before going into treatment; it is not a diversion program.

7 This new language abrogates the California Supreme Court’s decision in People v. Ollo (2021) 11 Cal.5th 682, which held that furnishing a drug that causes death does not necessarily qualify as personal infliction of great bodily injury.

Allen D. Payton contributed to this report.

Two East County women arrested for stealing packages from porches in Oakley

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Source: Oakley PD

4th arrests this year for both suspects each with history of additional arrests

By Oakley Police Department

On December 17, 2024, Chief Beard stated “Criminals beware — the officers of the Oakley Police Department are diligent in detecting crime and locating offenders. It is our desire to see no crime occurring at all, but if it does, and if you are the one committing it, we will commit our resources towards finding you and arresting you.” The next day the officers of the Oakley Police Department fully executed the meaning of that statement…

On December 18, 2024, at 1:46PM a victim who resides in the 800 block of Walnut Drive was not at home but reported seeing a person steal a package from the front porch via a Ring camera. The suspect fled in a green Kia vehicle. Officers began working on this case and started conducting follow-up investigations on it.

At 2:34PM Officer Palmer responded to the 4300 block of Redwood Drive to take a report of a package theft from a front porch. A video of the theft showed a female wearing a black Hollister hooded sweatshirt removing a package from the porch before fleeing the area.

At 3:23PM Officer Palmer responded to the 400 block of Devon Court to take a report of a package theft from a front porch. A video of the theft showed a female wearing a black Hollister hooded sweatshirt removing a package from the porch before fleeing the area.

At 4:34PM Officer Palmer responded to the 900 block of Almond Drive to take a report of a package theft from a front porch. A video of the theft showed a female wearing a black Hollister hooded sweatshirt removing a package from the porch before fleeing the area.

At 4:39PM Special Services Team Officer Navarrette was conducting follow-up on the string of package thefts and saw what we believed was the suspect vehicle driving in the 200 block of Delta Road. Officer Navarrette stopped the vehicle, and he was assisted by Officers Horn and M. Jackson. Randal Joan Alodee Locke (38, Antioch, born Jan. 15, 1986) and Ashlee Victoria Fletcher (35, Oakley, born June 27, 1989) were both found to be in possession of a plethora of stolen items, most likely from several days/nights of package thievery. Locke and Fletcher were both arrested and booked into jail for these thefts.

Even after these arrests were made, we continued to take reports of package thefts involving Locke and Fletcher:

At 5:02PM Officer Palmer again responded to the 900 block of Almond Drive to take a report of a package theft from a front porch. A video of the theft showed a female wearing a black Hollister hooded sweatshirt removing a package from the porch before fleeing the area.

At 6:27PM Officer M. Jackson responded to the 3800 block of Creekside Way to take a report of multiple packages stolen from the location. The victim’s property was located in possession of Locke and Fletcher and returned.

So far, we have been able to identify a total of eight victims and we have returned their items back to them. One of the victims said every Christmas package she had ordered for her children was stolen from her porch and returned to her by Oakley Officers.

We have not yet identified all victims, and we still have several items of stolen property in our custody. If you believe you were the recent victim of having your packages stolen, please call us at 925-625-8060 and we will try to identify any stolen property belonging to you.

Fourth Arrests This Year for Both Suspects with Additional History of Arrests

According to localcrimenews.com, it’s Locke’s fourth arrest this year, including three by Contra Costa Sheriff’s Deputies on July 2 for vehicle theft and warrants or holds only, Sept. 9 for receiving stolen property – motor vehicle and taking vehicle without the owner’s consent, and Nov. 18 for receiving stolen property – motor vehicle. She was also previously arrested by the Solano County Sheriff’s Deputies in January 2020 for shoplifting, conspiracy to commit a crime, receiving or concealing stolen property, unauthorized use of personal identifying information, again by Antioch PD in Sept. 2020 for warrants or holds only, in Dec. 2021 for receiving stolen property – motor vehicle and in June 2022 for a bench warrant failure to appear on a misdemeanor charge.

According to the Contra Costa Sheriff’s Office, the five-foot, 10-inch tall, 200-pound Locke is Hispanic and is being held in the West County Detention Facility on $20,000 bail.

According to localcrimenews.com, this is also Fletcher’s fourth arrest this year including on March 27th for grand theft
and falsely impersonating another in his or her private or official capacity, on June 2nd for shoplifting not to exceed $950 and on Nov. 4th for warrants or holds only. She also has a history of arrests by both the Contra Costa and Alameda Sheriff’s Departments, plus, Antioch, Concord, Martinez, Dublin and Pleasanton Police Departments dating back to 2020 for crimes including grand theft, possession of burglar’s tools, possession of a controlled substance, possession of drug paraphernalia, possession of controlled substance in a prison, and unlawful use of willfully obtained personal identifying information.

According to the Contra Costa Sheriff’s Office, the five-foot, two-inch tall, 140-pound Fletcher is also Hispanic and being held in the West County Detention Facility on $20,000 bail.

Allen D. Payton contributed to this report.

 

El Cerrito PD seek help ID’ing person of interest in sexual battery of a hearing impaired woman

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Photos: El Cerrito PD

The El Cerrito Police Department is still seeking help from the community to identify a person of interest in a sexual battery incident that occurred on Wednesday, November 13th, at approximately 3:30 PM.

The investigation revealed that the victim, a sight and hearing impaired woman, was followed by a man for several city blocks until she reached a more secluded residential area on Stockton Avenue near Elm Street. The man then approached the woman from behind and slapped her buttock before he fled the area.

After locating additional video surveillance footage from businesses in the area, investigators discovered this man was a Hispanic male in his twenties with a thin to medium build, wearing a dark gray beanie, a light gray sweatshirt, dark pants, and white and black shoes. This alert contains two updated pictures of the suspect.

Please contact Detective Michael Olivieri at molivieri@ci.el-cerrito.ca.us if you recognize this man or if you have any information that might help this investigation

SFPD arrests Pittsburg, Oakley boys among 8 suspects in Organized Retail Crime theft series

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The crew ranges from ages 12-18 and is believed to be responsible for at least 23 incidents totaling more than $84,000 in merchandise from multiple Walgreens stores

By San Francisco Police Department

On September 23, 2024, the San Francisco Police Department General Work Investigations Unit was assigned an Organized Retail Crime related robbery that occurred on September 16, 2024, at Walgreens on the 1100 block of Potrero Avenue. During the incident, several juvenile suspects entered the store, concealed merchandise, and ransacked the store. When an employee asked the suspects to stop, two of the suspects assaulted the employee, resulting in a serious head injury.

During the investigation, officers assigned to the Mission Station Anti-Vendor Enforcement Unit recognized five of the juvenile suspects from an investigation into a separate assault that also occurred on September 16, 2024, at 24th and Mission Streets. The suspects were subsequently taken into custody for the Walgreens incident.

A review of other incidents with the SFPD Burglary–Organized Retail Crime Unit led investigators to identify other incidents based on similarities in the suspect description, victim similarities, and modus operandi (M.O.). Through the diligent work of investigators and Walgreens Asset Protection members, a total of eight suspects were determined to have been involved in at least 23 organized retail crime incidents at various Walgreens locations in San Francisco, totaling over $84,000 in stolen merchandise.

Below are synopses of some of the incidents the crew was involved in:

On July 11, 2024, seven masked suspects began gathering outside Walgreens at 2050 Irving Street. Employees recognized them to be thieves, so they locked the doors and called the police.  The suspects then forced the door open and stole over $1.3k in merchandise. (SFPD case 2404353574)

On August 18, 2024, seven suspects entered Walgreens at 1333 Castro Street and began concealing merchandise.  One of the suspects jumped over the front counter and stole a cash register.  The loss was over $6.5k. (SFPD case 240518223)

On September 9, 2024, nine suspects entered Walgreens at 2690 Mission Street and began concealing merchandise.  While the suspects were escaping with over $1k in merchandise, one of the suspects brandished a firearm at a security guard. (SFPD case 240568369)

On September 29, 2024, at 6:14 p.m., eight suspects entered Walgreens at 1333 Castro Street and stole over $15k in merchandise.  The same group came back with five more accomplices approximately two hours later and stole almost $12k in merchandise. (SFPD case 240612916)

Brandon McClain, an 18-year-old male from Hayward, CA was arrested for four counts of burglary in the second degree (459 PC), four counts of grand theft (487(a)PC), four counts of organized retail theft (490.4(a)(1)PC).

A 15-year-old male from Oakley, Ca was arrested on charges of five counts of burglary in the second degree (459 PC), five counts of grand theft (487(a)PC) and five counts of organized retail theft (490.4(a)(1)PC).

A 14-year-old male from Pittsburg, CA was arrested on charges of two counts of burglary in the second degree (459 PC), two counts of grand theft (487(a) PC), and two counts of organized retail (490.4(a)(1) PC).

A 12-year-old male from San Francisco was charged with assault likely to produce great bodily injury (245(a)(4) PC), three counts of robbery in the second degree (211 PC), seven counts of burglary in the second degree (459 PC), seven counts of grand theft (487 (a) PC), ten counts of organized retail theft (490.4 PC) and four counts of petty theft (490.2(a) PC).

A 15-year-old male from San Francisco was arrested on the charges of three counts of robbery in the second degree (211 PC), eight counts of burglary in the second degree (459 PC), eight counts of grand theft (487(a)PC), eight counts of organized retail theft (490.4 PC) and petty theft (490.2(a)PC).

A 14-year-old male from San Francisco was charged with assault with a deadly weapon (245(a)(1) PC), assault likely to produce great bodily injury (245(a)(4)PC), battery causing serious bodily injury (243(d) PC), robbery in the second degree (211 PC), burglary in the second degree (459 PC), grand theft (487(a)PC), organized retail theft (490.4(a)(1)PC), petty theft (490.2(a)PC) and three counts of great bodily injury in the commission of a felony (12022.7(a)PC).

A 15-year-old male from Oakland, CA was arrested on charges of robbery in the second degree (211 PC), four counts of burglary in the second degree (459 PC), four counts of grand theft (487(a)PC), four counts of organized retail theft (490.4(a)(1)PC).

A 14-year-old male from San Francisco was charged with robbery in the second degree (211 PC), burglary in the second degree (459 PC), grand theft (487(a)PC), organized retail theft (490.4(a)(1)PC) and petty theft (490.2(a)PC).

Brandon McClain and the 15-year-old San Francisco resident were also each arrested on the charge of carjacking (215(a) PC) regarding a carjacking incident that occurred on November 5, 2024, in the area of Geneva and Cayuga Avenues.These arrests were made possible due to the collaboration between investigators, the Mission Station Anti-Vendor Enforcement Unit, patrol officers citywide, and Walgreens Asset Protection. While arrests have been made, these are open and active investigations. Anyone with information is asked to contact the SFPD at 1-415-575-4444 or Text a Tip to TIP411 and begin the message with SFPD.

SFPD Cases # 246-134-332, 246-134-360, 246-133-920, 240-639-352, 246-131-645, 240-612-916, 240-613-196, 240-592-960, 240-583-561, 240-568-369, 240-518-223, 240-448-244, 240-444-662, 240-441-997, 240-433-574, 240-433-176, 240-429-363, 240-400-777, 240-326-468, 240-319-968, 246-051-786

Part 1 of 2: Former Antioch cop’s attorney files motion to dismiss, claims Protected Whistle Blower activities in sexting scandal

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Former Antioch Police Officer Devon Wenger is being prosecuted by the U.S. Attorney’s Office Northern District of California. Herald file photo

Alleges prosecutorial misconduct, claims retaliation; says evidence used was unlawfully obtained, information withheld from defense; separate matter from and not involved in racist text scandal

Devon Wenger, who was not terminated but resigned, faces charges of attempted civil rights violations, illegal use of force, conspiracy to distribute and possession with intent to distribute anabolic steroids

“There’s a lot there that is political.” – Attorney Nicole Castronovo

Oakland, CA – A former Antioch Police officer who spoke out against sexually explicit group texts among department members is fighting back against a malicious prosecution which has made him the scandal’s scapegoat as punishment for blowing the whistle.

Former Officer Devon Christopher Wenger of the Antioch Police Department, who resigned from the force on June 5, 2023, and is embroiled in a high-profile case stemming from the department’s texting scandal, filed a motion to dismiss the charges against him which have been grossly exaggerated as retribution.

The motion to dismiss was filed Monday, Nov. 4, 2024, by Wenger’s attorney, Nicole Castronovo, and argues evidence used against Wenger was unlawfully obtained, undermining his right to a fair trial. Castronovo further alleges prosecutors improperly withheld key exculpatory information from the defense.

“The manner in which this investigation was conducted shows a blatant disregard for Wenger’s constitutional rights,” Castronovo said. “We have uncovered that evidence has been manipulated, critical facts have been omitted and exculpatory material has been ignored. This entire case is being levied against my client as a vicious act of retribution and is a gross misuse of the criminal justice system.”

Along with other Antioch officers, Wenger was arrested on Thursday, August 17, 2023, and prosecuted as a result of the investigations by the FBI and the Office of the Contra Costa County District Attorney. He was originally charged with 21 U.S.C. §§ 846, 841(a)(1), and (b)(1)(E)(i) Conspiracy to Distribute and Possess with Intent to Distribute Anabolic Steroids; 18 U.S.C. § 1519 Destruction, Alteration, and Falsification of Records in Federal Investigations and 18 U.S.C. §§ 241 Conspiracy Against Rights, 242 Deprivation of Rights Under Color of Law. (See related articles here, here and here)

However, Castronovo said Wenger is facing only three charges, “conspiracy to commit civil rights violations based solely on the text messages and with illegal use of force, for using what’s called a 40,” which is a non-lethal weapon. “He did so at the command of his sergeant, and it was within policy. So, they charged him for something found to be within policy,” she added. Wenger is also facing the steroid charges in a separate case in which he’s represented by a different attorney.

Regarding his claim of having whistleblower status Castronovo said, “He was a whistle blower on all kinds of things. His lieutenant had an affair with Wenger’s girlfriend. There’s a lot there that is political. He didn’t send any of the racist text messages. He also blew the whistle on a sexting scandal.”

Recently filed court documents uncovered a prior FBI investigation into the Antioch Police Department during which evidence was mishandled and not appropriately sealed. That evidence, in an unrelated, State-level case, is now potentially being used by federal prosecutors against Wenger.

Key to Wenger’s claims of misconduct include a declaration highlighting the testimony of Larry Wallace, who served as a high-ranking law enforcement advisor under Vice President Kamala Harris during her tenure as California Attorney General. Wallace resigned after being sued for sexual harassment and now works as an investigator in the Contra Costa DA’s Office.

Federal prosecutors failed to mention Wallace was part of a joint operation with the FBI starting in November 2021. The government also did not disclose the FBI’s simultaneous seizure of Wenger’s phone in the unrelated state-level investigation.

In a testimony given on October 25, 2024, Wallace admitted he illegally mishandled sensitive data and failed to seal private information during his involvement in the FBI investigation of the Antioch Police Department in 2021. The mishandling of that evidence resulted in the unauthorized use of Wenger’s personal communications and violated his legal right to privacy. It also violated the stringent rules of CalECPA (California Electronic Communications Privacy Act).

In addition, the Herald later broke the news on Aug. 17, 2023, that Wallace also failed to properly redact officers’ names, cell phone numbers and alleged crimes in a report released to the media. Exclusive: Contra Costa DA’s Office under fire for releasing report revealing phone numbers of Antioch cops in text scandal, names of Antioch, Pittsburg cops, alleged crimes in FBI investigation | Contra Costa Herald

Exclusive: Contra Costa DA’s Office under fire for releasing report revealing phone numbers of Antioch Police Officers in text scandal, names of Antioch, Pittsburg officers, alleged crimes in FBI investigation | Antioch Herald

The chain of evidence log demonstrates that the FBI seized Wenger’s phone on March 28, 2022, well before federal warrants were signed authorizing the seizure of evidence in this current case and raise significant questions about the legality of the evidence and the government’s representations to the Court.

Federal prosecutors also misrepresented to the Court the number of search warrants in existence, referring to only two warrants in their moving papers (dated May and July of 2023), which postdate Wallace’s defective state warrants in the earlier FBI investigation.

These misrepresentations are critical, as the defense contends that the Independent Source Doctrine, invoked by the government to justify the evidence, cannot apply under such circumstances, where an investigation since its inception has been a joint task force between state and local agencies.

Castronovo also questions the independence of the investigation, arguing that federal prosecutors heavily relied on data from state-level investigations, which violated the Independent Source Doctrine.

“We are determined to see that justice prevails,” Castronovo emphasized. “Officer Wenger is entitled to a fair trial, free from unlawful manipulation and misconduct by those in power.”

APOA Attorney Submits Declaration About Wallace in Support of Wenger

Michael Rains, the attorney for the Antioch Police Officers Association, whose firm has been representing more than a dozen officers caught up in the investigations, submitted a Declaration in Support of Wenger’s Motion to Dismiss “based upon prosecutorial misconduct and ineffective assistance of counsel, in the alternative defendant requests a change of venue.” In his declaration, the APOA attorney wrote of his cross-examination of Wallace in another case in which Rains was defending an Antioch Police Officer. He wrote, “According to California Penal Code Section 1546.1, also known as CalECPA, it is a legal requirement to seal any information obtained through the execution of a search warrant that is unrelated to the objective of the warrant. Any such sealed information should not be subject to further review, use, or disclosure except pursuant to a court order or to comply with discovery as required by Sections 1054.1 of the Penal Code.

“When I questioned Wallace at arbitration as to whether he had complied with the requirements of CalECPA he admitted that (1) he neither sealed the information nor (2) did he seek any further order from the court to use the information for any other purpose. From my involvement in discipline cases involving several Antioch officers, I know the text messages relied upon by the City of Antioch to terminate officers, did not result from a Court Order authorizing such use,” the APOA attorney’s declaration further states.

Rains also wrote, “Wallace admitted in his testimony that he ha last received training on search warrants in 2004, and never received any training concerning CalECPA, which became law in 2021, as it pertains to writing search warrants.”

“Wallace testified that in November 2021, he received an anonymous postcard from the Pittsburg Police Department as well as information from the Federal Bureau of Investigation (FBI) regarding steroid use amongst Antioch Police Officers and Pittsburg police officers and a joint investigation was launched by the FBI and the Contra Costa County DA’s office,” the declaration states. “It was communicated to Wallace that the Chief of Pittsburg Police Department gave the post card to Chief of Inspectors Arnold Threets, who then assigned the investigation to Wallace. ‘Almost simultaneously’, upon receipt of the postcard Wallace was visited by FBI Agent Thuy Zobach regarding issues in the wiretap room concerning Officer Timothy Manly Williams of the Antioch Police Department. Notably the postcard never mentioned Devon Wenger…by name.”

Asked if one of the 8 cell phones seized by Wallace was Wenger’s personal cell. Castronovo said it was. According to Rains’ declaration, the phones were seized by Wallace in 2022, after he prepared the state warrant on March 22nd that year. Wallace turned it over to the FBI on March 28th. But I have a receipt for property on April 11, 2022, that includes Wenger’s phone, which is when they gave it back to Wallace,” Castronovo shared. “So, they probably dumped it during those two weeks. But the FBI didn’t issue a warrant for it until the following year.”

The judge in the hearing for Castronovo’s motion to suppress the evidence from the phone, “chose to listen to the FBI. He’s a former Assistant U.S. Attorney,” she explained. “The federal prosecutors just called it moot and said they wouldn’t use the evidence, which was really fishy, to me.”

“What’s interesting in their moving papers they said there were only three search warrants,” which would have only covered three phones, Castronovo shared. “But in the FBI’s search warrant it shows there were eight,” for the eight phones.

Rains Also Exploring Legal Options, Damages to Officers for Wallace’s Release of Information

As previously reported about the release of information by Wallace, Rains said, “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.”

“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,” he continued. “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,” Rains added.

DA’s Office Will Not Comment

Wallace and the Contra Costa DA’s Office were asked for comment regarding the claims about his testimony in Wenger’s case. The DA’s spokesman, Ted Asregadoo, responded, “We will not comment on an active federal prosecution in which the Contra Costa District Attorney’s Office was involved or address the inaccuracies in the press release you shared. However, we want to clarify that Larry Wallace, an employee of our office, acted in compliance with a court order to release information to defense attorneys in a March 2021 murder case in the City of Antioch.”

Wenger’s Next Hearing Possibly Dec. 10

The next hearing for Wenger is tentatively scheduled for December 10, 2024, at the United States District Court for the Northern District of California, where these and other issues raised by the defense’s motion to dismiss will be addressed.

Allen D. Payton contributed to this report.

CHP receives $2 million federal grant to crack down on dangerous sideshows, street racing in state

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Sideshow in Antioch on May 29, 2021. Source: Antioch Police drone video screenshot

Helps fund the STREET III – Sideshow, Takeover, Racing, Education, and Enforcement Taskforce

By CHP Media Relations

SACRAMENTO, Calif. – The California Highway Patrol (CHP) received $2 million in federal funding that will expand its major crackdown on dangerous sideshows and street racing statewide, holding participants and organizers accountable for reckless driving behaviors.

Federal funding for the Sideshow, Takeover, Racing, Education, and Enforcement Taskforce (STREET III) grant comes after the CHP received $5.5 million in state funding to combat illegal street racing and sideshow activities, resulting in a 40% decrease in illegal sideshow incidents from 2021 to 2022. The STREET III grant aims to reduce the number of fatal and injury traffic crashes attributed to reckless driving, street racing, and sideshows. The CHP will implement a public awareness campaign to tackle these unlawful activities and conduct specialized enforcement operations such as excessive speeding behaviors where motorists are traveling more than 100 mph on state highways. Last year, CHP officers participating in specialized speed enforcement operations from January 2023 to July 2024 issued over 30,000 citations to motorists exceeding 100 mph.

“Sideshows and street takeovers are reckless, criminal activities that endanger our communities and make streets less safe. We have seen too many people killed or hurt at these illegal events. California will continue to ramp up our efforts to crack down on sideshows. For anyone considering attending a sideshow: know that not only do you risk getting hurt at these events, but you also risk the potential loss of your vehicle,” said Governor Gavin Newsom.

Since February, the CHP has made 1,125 arrests, seized 110 illegal guns, and recovered more than 2,000 stolen vehicles in Alameda County and the East Bay alone. Last month, Governor Newsom signed four bills into law that impose stricter penalties and strengthen law enforcement’s ability to combat sideshows and street takeovers.

“The CHP’s top priority is the safety of our communities. This new grant allows us to strengthen our efforts in addressing the growing issues of sideshows and illegal street racing, which endanger lives and disrupt neighborhoods,” said CHP Commissioner Sean Duryee. “By increasing patrols, deploying advanced technology, and partnering with local organizations, we are committed to making our roads safer and holding those responsible for reckless driving accountable.”

Alongside allied agencies, the CHP established task forces to tackle the challenges posed by street racing and sideshows.  In addition, social media initiatives have been introduced to enhance public awareness regarding the dangers associated with aggressive driving behaviors, including illegal street racing and sideshows. The STREET III grant allows for a campaign starting this month through September 30, 2025.

Funding for this program was provided by a grant from the California Office of Traffic Safety through the National Highway Traffic Safety Administration.

The mission of the CHP is to provide the highest level of Safety, Service, and Security.

Two Pittsburg armed robbery suspects arrested in Antioch early Wednesday

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The two AK-47’s including one fully loaded (top) and the Glock found in the suspects’ vehicle early Wednesday morning, Oct. 16, 2024. Photos: APD

Found with two AK-47s, one fully loaded, and Glock with extended magazine

By Antioch Police Department

On October 15th, at approximately 11:00 PM, the Pittsburg Police Department issued a BOLO (Be on the Lookout) for suspects involved in an armed robbery, reported to be carrying a handgun and an AK-47 rifle.

Around 1:30 AM on October 16th, Antioch PD responded to a disturbance in the parking lot of 320 W 20th Street. Officers encountered a white Chrysler 300 and observed a suspected controlled substance in the vehicle. During the investigation, two individuals were detained, and officers discovered a fully loaded AK-47 rifle and a Glock handgun with an extended magazine. Another AK-47 rifle was found in a backpack.

Pittsburg PD arrived and confirmed the suspects as those involved in the robbery and recovered the stolen necklace from the robbery. Pittsburg PD took custody of the suspects, their vehicle, and the firearms.

Thanks to outstanding police work, three dangerous weapons were taken off the streets!

Contra Costa DA convicts Hayward man for robbery, hate crime during January Israel-Gaza protest in El Cerrito

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Christopher Husary at the protest in El Cerrito (center and bottom) on Jan. 6, 2024. Source Facebook posts on Feb. 7, 2024. During a different event (right). Source: Instagram post on 2-1-24

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

Martinez, California – The Contra Costa District Attorney’s Office secured a conviction against a 36-year-old Hayward man for hate crime and robbery offenses that took place on January 6, 2024, during an Israel-Gaza protest in El Cerrito.

Christopher Khamis Victor Husary pleaded guilty to one count of robbery [PC 211] and a hate crime enhancement [PC 422.75] for his actions during a demonstration related to the war between Israel and Hamas in Gaza’s Palestinian territory. During the protest and counter-protest, Husary used force and intimidation to unlawfully take a national flag of Israel from a woman (Jane Doe) and proceeded to burn it. (See related articles here and here)

Senior Deputy District Attorney Aron DeFerrari prosecuted the case and On October 9th, The Honorable Judge Charles Burch sentenced Husary to 364 days in County jail and two years of probation. His sentence is set to begin on January 2, 2025.

After Husary left the courthouse in Martinez, New York City police officers were waiting to arrest him for allegedly harassing a Jewish subway passenger on June 10th while out on bail for the El Cerrito case.

District Attorney Diana Becton emphasized: “Everyone has the right to express their beliefs under the First Amendment and we deeply appreciate those who bravely stood up for their rights despite attempts by the defendant to silence them. As I said when this case was filed earlier this year, the First Amendment does not protect people who threaten others, cause injury, engage in intimidation, or damage property. And when harmful actions are motivated by bias against a person’s race, gender, religion, or national origin, it constitutes a hate crime.

Case No. 02-24-00279 | The People of the State of California v. Husary, Christopher

Suspect arrested for multiple Antioch sexual assault cases over past 10 years

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Robert Chukwuemeka Chuksorji. Photo by APD

Robert Chukwuemeka Chuksorji held on $2 million bail; police ask any other victims to come forward

By Sgt. Whitaker #6155, Antioch Police Investigations Bureau

On June 24, 2024 at 6:36 AM, the Antioch Police arrested a suspect wanted for a violent sexual assault. During the investigation, several other victims were identified and provided crucial information to the case. The Antioch Police Department Investigations Bureau began investigating multiple cases over the past ten years.

The suspect, 37-year-old Robert Chukwuemeka Chuksorji (born 10/17/87), would meet women either in person or online, obtain their phone number and begin a texting relationship. Chuksorji would then plan to meet the victim, which would later turn into a sexual assault. Chuksorji was ultimately caught, and charges have been filed against him

During the investigation, detectives determined that there could be other unreported sexual assaults and victims related to Chuksorji. Chuksorji may have used several other names throughout the years. If you have been victimized by this individual, please contact the Antioch Police Department immediately.

According to the Contra Costa Sheriff’s Office, as of Monday, October 14, 2024, he was still in custody. The six-foot, two-inch tall, 175-pound Chuksorji is being held in the Martinez Detention Facility with bail set at $2 million. His next court appearance is scheduled for Nov. 22 at 8:30 AM in Delta Superior Court, Dept. 04 in Pittsburg.

According to localcrimenews.com, Chuksorji was also arrested in 2017 by Antioch PD on July 27, 2016 on an outstanding warrant.

This is an active investigation, and no further information will be released at this time. Any tips or other information can be directed to Antioch Police Detective Allen at (925) 779-6923 or by email aallen@antiochca.gov.

Allen D. Payton contributed to this report.

Richmond man with history of arrests charged with rape, kidnapping, sexual battery of elderly female

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Arrested multiple times since 2017 for indecent exposure, soliciting lewd acts, more; will be arraigned Monday

By Ted Asregadoo, PIO, Contra Costa County DA’s Office

Martinez, California – The Contra Costa County District Attorney’s Office filed a three-count felony complaint against a Richmond man on offenses related to rape, kidnapping and sexual battery.  30-year-old Eduardo Moreno (born 5/22/94) was placed into custody at the Martinez Detention Facility after Richmond Police Officers arrested him on October 9th.

Moreno attacked an elderly female victim at a bus stop on San Pablo Avenue and Barrett Avenue around 5:50 am on October 5th. At the time, Moreno was reportedly engaged in a lewd act upon himself at the bus stop area when the victim saw him and asked him to stop. Moreno, angered, grabbed the victim and forcibly dragged her into a nearby alley where he raped her and fled. During their investigation, police officers were able to obtain evidence of the incident, which aided in Moreno’s eventual arrest.

“We are grateful the investigative work of Richmond Police led to the arrest of the suspect in a relatively swift manner, said District Attorney Diana Becton. “We will work diligently in seeking justice and accountability through the courts in the ongoing public safety work we do for our county’s residents.”

Moreno will be arraigned on Monday at 1:30 pm in Martinez on the following charges:

PC 261(a)(2) – Forcible rape with an enhancement [PC 667.61(a) and (d)]

PC 209(b)(1) – Kidnapping to commit another crime

PC 243.4(a) – Sexual battery by restraint

According to localcrimenews.com, Moreno has a history of arrests dating back to March 12, 2017, by multiple agencies including Richmond, Union City and Fremont PD’s and Contra Costa Sheriff’s Deputies for crimes including weapons violations, DUI, and five times for indecent exposure and four times for soliciting a lewd act, including once in 2023 and child endangerment. His most recent arrest was last month on an outstanding warrant.

According to the Contra Costa Sheriff’s Office, Moreno is 5-feet, 10-inches tall, weighs 175 lbs. and as of Saturday, October 12th, is being held in the West County Detention Facility on no bail. His next court appearance is scheduled for Oct. 28 at 8:30 AM. in Superior Court Dept. 05.

Case No. | 02-24-01381 The People of the State of California v. Moreno, Eduardo

Allen D. Payton contributed to this report.