Contra Costa Herald

News Of By and For The People of Contra Costa County, California

San Pablo woman charged in death of Walnut Creek assisted living facility resident

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Under her care and custody

By Ted Asregadoo, Public Information Officer, Contra Costa County District Attorney’s Office

An assisted living worker at Atria Walnut Creek has been charged with a felony complaint in the death of a 94-year-old resident on August 31, 2022.

54-year-old Lateshia Sherise Starling of San Pablo faces one count of elder or dependent adult abuse, resulting in the death of Constantine Albert Canoun [PC368(b)(1)]. The complaint against Ms. Starling states while having care and custody of Mr. Canoun, she “willfully caused and permitted him to be placed in a situation in which his health was endangered and knew and reasonably should have known that (Mr. Canoun) was an elder and dependent adult.”

Mr. Canoun resided in the Memory Care Unit at Atria Walnut Creek and suffered from dementia. On the night of August 23rd, Mr. Canoun was rushed to John Muir Medical Center after ingesting all-purpose cleaning solution in a nearby kitchen area. He died on August 31st from injuries to his stomach, esophagus, and part of his throat.

Following an investigation by the Walnut Creek Police Department, the incident was referred to the Contra Costa District Attorney’s Office on January 24th. After reviewing the referral, charges were filed with the Superior Court of California, Contra Costa County. Ms. Starling will be arraigned on January 30th at 1:30 pm in Martinez. She is currently in the Martinez Detention Facility with a bail amount set at $100,000.

01-23-00272 | The People of the State of California vs. Lateshia Sherise Starling

 

Antioch man convicted of multiple counts of felony sexual abuse of girl

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By Ted Asregadoo, Public Information Officer, Contra Costa County District Attorney’s Office

On January 19th, 2023, the Contra Costa District Attorney’s Office prevailed in convicting 40-year-old Julian Chenychen on multiple counts related to the sexual abuse of a girl, who is a minor.

On June 1st, 2020, Jane Doe was admitted to a local hospital in Concord and gave birth to a full-term stillborn baby. Doe noted to the medical staff at the time that she didn’t know what was happening to her body, nor did she understand she was pregnant. It was only after hours of suffering through severe stomach pains that Chenychen took her to the hospital.

Staff at the hospital notified law enforcement about the stillbirth and their belief that Julian Chenychen impregnated her. Law enforcement officers detained Chenychen and referred the investigation to Antioch Police. After several forensic interviews with Jane Doe, and investigations by Antioch Police Detectives Kelly Inabnett and Brittney Crites, it was determined that the molestation incidents had been occurring for years.

The DA’s Office filed a complaint against Chenychen in 2021. The charges included six counts of aggravated assault of a child [PC269)], 11 counts of lewd or lascivious acts involving children [PC288(b)], and an enhancement of bodily harm inflicted during the commission of a felony [PC12022.7] – which is related to Jane Doe’s pregnancy.

Chenychen was convicted by a jury for his actions on all charges. He faces a life sentence without the possibility of parole.

Deputy District Attorney Chris Sansoe noted that while the crimes committed against Jane Doe in this case were truly horrific, she is currently in a supportive living situation that’s helping her heal from the abuse she suffered in the past.

According to Antioch Police Department Public Information Officer Ashley Crandell, ‘On July 15, 2020, the Antioch Police Department’s Investigations Bureau was made aware of sexual assaults that occurred in multiple cities, including Antioch, during the years 2019 and 2020. Our Sexual Assault Detectives Brittney Crites and Kelly Inabnett immediately began investigating the allegations.

Due to their diligent work, they learned the suspect, Julian Chenychen, had sexual relations with the minor victim for several years, eventually impregnating her. Detectives Crites and Inabnett worked tirelessly to gather evidence and coordinate with other entities to complete this investigation.

Chenychen was arrested in 2020. On January 19, 2023, he was convicted of 17 different felony counts of crimes related to aggravated sexual assault of a child. His maximum sentence is life without the possibility of parole.

This is a devastating case, and we want to recognize the tireless and dedicated work of Detectives Crites and Inabnett. It is also important to recognize, this was a collaborative effort with Contra Costa County Deputy District Attorney Chris Sansoe, the District Attorney’s Office Advocate Group, and Contra Costa County Investigator/K9 handler Janet Era and her canine companion, Bear. Bear is a support dog that was able to help comfort this child throughout the entire process. The outcome of this case is due to the collaborative effort of all involved and the dedication of our detectives.

Due to the sensitive nature of this investigation, information as to the location and name or any identifying information pertaining to the victim are being withheld. This was an isolated incident, and we have no reason to believe there are additional victims.

A January 24th post on the Antioch Police Department’s Facebook page reads, “Our Violent Crimes Detectives Crites and Inabnett worked tirelessly to ensure this case was investigated thoroughly. Thank you to @ContraCostaDA for your partnership on this!”

Case #04-199931-7 | The People of the State of California vs. Julian Chenychen

DA says 2021 use of force by Antioch Police Officers was lawful

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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.

CC Health Dep’t asks DA for legal action against Martinez Refining Company for hazardous materials release 

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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, 2022, 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.

Two men charged for financial crimes of defrauding Californians on public assistance

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Arrested in Hercules with 50 cloned EBT cards; bail set at $1 million each

By Ted Asregadoo, Public Information Officer, Contra Costa District Attorney’s Office

Two fly-by-night individuals have been charged with multiple felonies and face misdemeanor charges in a sophisticated financial criminal scheme that defrauded hundreds of Californians receiving public assistance.

27-year-old Florin Tanasa and 30-year-old Adam Nilsson each face seven felony counts that includes second degree commercial burglary, grand theft, theft, forgery, and conspiracy. In addition, Tanasa and Nilsson face misdemeanor charges of possessing and/or using a fraudulent scanning device.

Both men, who have no known ties to Contra Costa County or the Bay Area, were arrested by Hercules Police Officers on December 1st at a Bank of America branch on Sycamore Avenue. Police were called to the location after a bank official alerted authorities of consecutive cash withdrawals from EBT cards at the bank’s ATM. A search of their vehicle found 50 fraudulently cloned EBT cards, credit card skimming equipment, and thousands of dollars in cash. They were arraigned Tuesday in Martinez and entered a plea of not guilty.

Deputy District Attorney Dana Filkowski filed a court motion stating the defendants were flight risks, threats to public safety, and are also under investigation in the City of Belmont and Santa Barbara County for similar crimes. Moreover, Hercules Police authorities established probable cause that funds used by the defendants to post bail would likely come from their criminal activity. Filkowski asked Judge Nancy Davis Stark to set their bail at $1 million each – which she agreed to do.

“Nilsson and Tanasa are mobile perpetrators who have preyed upon California’s most vulnerable residents,” Filkowski said. “Their financial crimes have bilked individuals and families of assistance they need for support. Had they been released on bail they would have likely continued their criminal enterprise of defrauding those in need.”

There are ways for people to protect themselves from financial fraud at ATMs or Point of Sale machines. The California Welfare Fraud Investigators Association features a video on how these scams work, and the California Department of Socials Services also has a video on common EBT scams.

2-22-01426 & 2-22-01425 | The People of the State of California vs. Adam Nilssen and Florin Tanasa

D.A. Becton explains charging decision of suspect in Antioch robbery homicide of store clerk

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Based “on a legal and factual determination — and not an elective, optional, or discretionary one.”

Contra Costa County District Attorney Diana Becton issued the following statement on the charging decision of Ronald Benjamin Jackson, III who was arrested for robbing an Antioch gas station convenience store and killing the clerk, James Williams while exchanging gunfire on Sunday morning, Nov. 26. (See related articles here and here)

“The family, friends, and loved ones of James Williams are understandably devastated by the shocking news of his death in a gun battle at the Chevron station in Antioch on November 26th — where he worked as a store clerk. Our sympathies and condolences go out to those closest to him.

The Contra Costa County District Attorney’s Office declined to file murder charges in this case solely on a legal and factual determination — and not an elective, optional, or discretionary one. It was based upon an established law that clearly states a person cannot pursue another to retrieve stolen property once the threat of bodily injury or harm to the victim has subsided.

The video evidence of the incident clearly shows Ronald Benjamin Jackson, III, and another suspect exiting the Chevron station convenience store after the robbery and running from the scene. Mr. Williams is also seen in the video footage leaving the Chevron station store with a firearm while running after the robbers. Mr. Williams then fired upon Mr. Jackson, hitting him in the leg while he was fleeing and causing him to fall to the ground. Mr. Williams continued to approach Mr. Jackson with his firearm pointing at him when Mr. Jackson fired shots at Williams hitting him twice. Once in the chest and in the leg.

In the eyes of the law, Mr. Williams’ actions ceased to be self-defense when Mr. Williams pursued Mr. Jackson and the other suspect with a firearm — and continued to pursue Mr. Jackson after he shot him.

The legal distinction is clear: when your property and life are being threatened, an individual is legally justified in using deadly force in self-defense. However, once the threat of harm has dissipated, the victim of a property crime cannot then use deadly force to reclaim stolen property.

However, the reality of Mr. Williams’ tragic death will be a substantial factor in the DA’s position in asking for greater penalties in the sentencing of the defendants.

Diana Becton, District Attorney of Contra Costa County”

Allen D. Payton contributed to this report.

Antioch Mayor Thorpe no show for DUI trial, attorney says he wants to change plea

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Antioch Mayor Lamar Thorpe is facing DUI charges from an arrest in the early morning of March 19, 2022.

New hearing set for Dec. 13

By Allen D. Payton

According to an Antioch resident who was at the courthouse in Martinez, Wednesday, Oct. 12, 2022, Mayor Lamar Thorpe did not show up for his DUI trial before Judge Joni T. Hiramoto, and that his lawyer stated Thorpe wants to change his plea from not guilty. The resident also shared that a new hearing for Thorpe is set for Dec. 13, 2022, in Dept 20. at 8:30 am. The information was later confirmed by Contra Costa District Attorney’s Office Public Information Officer, Ted Asregadoo.

Thorpe was arrested in March for DUI at 1:15 a.m. in Concord. In a Facebook video later that morning he apologized for having “the drink with dinner”. He wouldn’t say with whom or where he had dinner nor what alcohol he had consumed that night. Thorpe was charged by the DA and later pled not guilty. (See related articles here, here, here and here)

However, reports from the staff of an Antioch restaurant are that Thorpe had consumed three shots of alcohol earlier that evening before heading out of town.

An email was sent to Asregadoo Wednesday morning asking, if he could confirm the information provided by the resident was true and if not, to please provide the correct information. In addition, he was asked who from the DA’s office is prosecuting the case.

“You are correct,” he replied. “The next court date is on 12/13/22 at 8:30 am in Department 20.  They set the date today for a change of plea. I don’t know which DDA has been assigned to this case, but the supervisor of the misdemeanor trail team is Jay Melaas.”

Attempts to reach Thorpe were unsuccessful asking if what the resident shared is true and if not to please provide the correct information. He was also asked, “Why weren’t you there? Were you still in Seattle for the APTA conference or traveling home at the time? What will you be changing your plea to? No contest or guilty? Will you attend the new hearing on Dec. 13?”

Thorpe might have been traveling home from the conference, today and unable to respond to questions. An effort to reach staff of Tri Delta Transit asking who from the agency attended the conference and if Thorpe, who is the agency’s board vice chair, was among them were unsuccessful prior to publication time. District 4 Councilwoman Monica Wilson who is also a board member for the agency representing Antioch did not attend the conference, as was previously expected.

Please check back later for any updates to this report.

Danville middle school teacher charged with lewd acts on minors

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Also, worked as cheerleader instructor in San Ramon; faces additional charge of distributing or showing porn to minor

By Ted Asregadoo, PIO, Contra Costa District Attorney

The Contra Costa County District Attorney’s Office has filed felony charges against a Middle School teacher in Danville for committing lewd acts on minors.

A three-count felony complaint was filed with the Superior Court of California, Contra Costa County on September 16th against 41-year-old Nicholas Brandon Moseby of Concord. Moseby is being charged with two counts of committing a lewd act upon child. One minor is 15 years old, and the offense occurred on August 31, 2022. The other minor is 14 years old and was also a victim of a lewd act and unwanted pornographic images on September 4, 2022. For that offense, Moseby faces one count of distributing or showing pornography to a minor.

Moseby was arrested on September 14th, and at the time he was a biology teacher at Diablo Vista Middle School in Danville — and also worked as a cheerleader instructor at Nor Cal Elites in San Ramon. Moseby’s arraignment is scheduled on September 19th at 1:35 pm in Martinez. He’s currently in custody in the Martinez Detention Facility and bail is set at $200,000.

The Contra Costa County Internet Crimes Against Children Task Force investigated this incident. There may be other victims, and anyone who has information, please call Darryl Holcombe, Senior Inspector with the Contra Costa County District Attorney’s Office, at 925-957-2200.

Case Number: 01-22-01583 | The People of the State of California v. Nicholas Brandon Moseby

In post of self-promoting comments Antioch Mayor Thorpe repeats Quinto family’s debunked false claims about police officers, in custody death

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creenshot of Thorpe’s Oct. 6, 2022, Facebook post of Quinto family comments.

Quinto was not in police custody when he died in the hospital three days later from “excited delirium and prescription drugs”

Antioch Police Officers Association, Mayor Pro Tem Barbanica respond; Thorpe does not

By Allen D. Payton

In a post on his official Facebook page on Thursday, Oct. 6, Antioch Mayor Lamar Thorpe repeated the lies by the family of Angelo Quinto that he “was killed by Antioch Police” and that his was an “in custody death”. Both claims have been debunked by both the Contra Costa County Coroner and the Contra Costa District Attorney’s Office, as well as former Police Chief Tammany Brooks.

Thorpe posted the glowing comments about himself by Quinto’s mother and stepfather, that include the false claims which read, “‘Mayor Lamar Thorpe has been a courageous leader, helping the city of Antioch overcome a history that has often failed many members of its highly diverse community.

Our son, Angelo Quinto, was killed by Antioch Police in December 2020, soon after Mayor Thorpe was elected. A second in custody death followed closely thereafter. Mayor Thorpe was instrumental in seeking and achieving meaningful reforms, including body cams and non-police mental health response teams, that led to better policing for the Antioch community in an expeditious manner.

As a result of Mayor Thorpe’s fearless leadership, the city of Antioch has reformed or is in the midst of reforming many critical areas. His fearlessness has often made him the target of attacks by members of the community who don’t understand the need or are afraid of the reforms that have been undertaken. He is a forward looking leader who will not be silenced, and is helping Antioch overcome a legacy of exclusion and division, and transform it into a city that lives by its motto, opportunity lives here.’

Cassandra Quinto-Collins and Robert Collins”

The other death they referred to, was of a man that occurred in February 2021 while he was in custody at a local hospital. He was under the influence of drugs, running into traffic on major city streets and attempted to break into a car with the driver inside and had to be tazed by police to subdue him. He was administered NARCAN and later died while still in-custody at a local hospital. (See related article)

March 2021 – Antioch Police Chief: No Knee to Neck, Quinto Died Not In Police Custody

Yet, during the press conference held about the case, in March 2021, then-Antioch Police Chief Tammany Brooks said Quinto died in the hospital three days after the incident while not in police custody. (See related article)

At that press conference which Thorpe both attended and spoke during, Brooks said there was no knee on Quinto’s neck by officers and he was not in custody at time of his Dec. 26 death. In addition, Brooks released the 9-11 calls from Quinto’s family to Antioch Police demonstrating the need for the officers’ response to protect the family from Quinto who was harming them. Officers arrived on the scene to find Quinto being actively restrained by his mother on a bedroom floor of the home, Brooks further shared.

In addition, he shared he had “been in contact with the Coroner’s Office and the following four points have been jointly approved by multiple pathologists related to their findings thus far:

  1. Although the decedent had injuries consistent with a struggle with his family and law enforcement, none of the injuries appeared to be fatal.
  2. There were no fractures of the skull, torso, or extremities.
  3. A full examination of the neck revealed there was no evidence of strangulation or crushed airway.
  4. They are currently expanding toxicology testing because they were aware of reported past drug use.”

August 2021 – County Coroner’s Inquest Jury: Quinto’s Death Was Accident Caused by “Excited Delirium and Prescription Drugs”

Then in August 2021, a Contra Costa County Sheriff-Coroner’s Inquest Jury, after hearing the testimony of witnesses, found that Quinto’s death was an accident. He “succumbed to excited delirium and prescription drugs during the physical altercation with officers, the Contra Costa County Coroner’s Office ruled”.  (See related article)

September 2022 – Contra Costa DA Report: Officers Acted In Lawful, Objectively Reasonable Manner

Finally, early last month, the Contra Costa District Attorney’s Office issued a 39-page, “Report of the Law Enforcement Involved Fatal Incident In-Custody Death of Angelo Voithugo Quinto on December 24, 2020” in which they wrote, “…Antioch Police officers engaged with Quinto in a manner that was lawful and objectively reasonable under the circumstances…an internal examination showed no bone fractures or damage to Quinto’s larynx and trachea…” The report concluded that, “In applying the applicable law and the California District Attorney’s Uniform Crime Charging Standards to the present case, there is no evidence of a criminal offense committed by Officer Becerra, Officer Perkinson, Officer Hopwood, or Officer Shipilov. As such, no further action will be taken in this case.” (See related article)

Thorpe Refuses to Answer Questions, Now Limiting Comments on Official Facebook Page

Questions were sent to Thorpe Saturday morning, Oct. 8 asking, “do you not believe the findings from the office of your political ally, D.A. Diana Becton? Do you not recognize the negative impacts of what you’ve shared on the morale of Antioch Police Department personnel?

Are you not aware that officers who are leaving the department are claiming in their exit interviews that it’s partially and directly related to your attitude and that of your two council colleagues, Monica Wilson and Tamisha Torres-Walker, against them, other APD officers and the department as a whole?”

In addition, posts on his Facebook page show Thorpe only allows select individuals to post comments. Below each post the following sentence can be read: “Mayor Lamar A. Thorpe limited who can comment on this post.”

He was then asked, “Why have you limited comments on this and other posts on your official Facebook page? Are you afraid of reading comments by ang engaging with your constituents who you were elected to represent and serve? Do you not want to know what your constituents are thinking? Isn’t that being cowardly? Who are you allowing and not allowing to comment on the posts on that page? What is the criteria you are using for your selectivity?”

Screenshot of Sept. 2, 2022, Facebook post of APOA statement regarding the CCDA’s Quinto case report.

Antioch Police Officers Association Responds

Asked if he had a response to Thorpe’s post Sergeant Rick Hoffman, president of the Antioch Police Officers Association responded with the statement they issued to the Associated Press in September and posted on their Facebook page on Sept. 2nd:

“The death of Angelo Quinto was an unfortunate circumstance and the men and women of the Antioch Police Department continue to pray for the Quinto family. The Contra Costa County District Attorney’s office has cleared the Antioch Police Officers involved in this incident of any wrongdoing and we believe this is the correct decision.”

Mayor Pro Tem Barbanica Also Responds

Mayor Pro Tem Mike Barbanica also responded to Thorpe’s posting of the Quinto family’s comments, sharing the Sept. 2nd post on his own official Facebook page following the announcement by the DA’s office. He wrote, “I want to be very clear that the loss of any human life is tragic. This is not in any way meant to minimize that. This article speaks for itself and I believe that we should wait for investigations to be completed before making assumptions.

Screenshot of Antioch Mayor Pro Tem Mike Barbanica’s Sept. 2, 2022, Facebook post regarding the CCDA’s Quinto case report

During this time, so many statements were made by members of the public and elected officials which led many people to believe there was wrongdoing before any formal investigation was complete. I want to point out, that I always understand the emotion and the sense of loss from family members, so this is in no way referring to their response or minimizing their grief. This is about people within our community and elected officials that should know better, that we should wait to find out the facts before jumping to conclusions.

Last year there were even statements published after being made by Assemblyman Gipson of So. CA. that there was an officer that did kneel on Mr. Quinto’s neck for five minutes, giving the appearance that this contributed to this death. This statement was made before any findings were made public.

On 9/3/21, I personally called and spoke with the Assemblyman about this, telling him that I disagreed with his public statement, especially before any findings had been published and that there was no evidence of this. I also brought to his attention at that time, the recent Coroner’s Inquest findings. During that conversation, he told me that he was going to personally call Chief Brooks and apologize for the premature statement and apologize to the APD. With Chief Brooks permission, I supplied the Assemblyman with the chief’s personal cell phone number.

On 9/13/21 I again reached out to him as that call had not yet happened, but he told me that he would be making the call. To my knowledge, that has yet to happen.”

Please check back later for any updates to this report.

 

 

Brothers found guilty in brutal 2020 Antioch sexual assault, robbery case

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Kenry Young (left) and Lamar Young. Photos by APD.

Face life sentences

ANTIOCH, CA – On Monday, September 26, 2022, a jury of Kenry Lee Young and Lamar Young’s peers returned with a guilty verdict after a five-week trial. The brothers were convicted of California Penal Code Section 289 (sexual penetration by a foreign object), PC 287 (oral copulation), and two counts of PC 211 (robbery) for the numerous crimes they committed on October 17, 2020. (See related article)

While we regret these crimes took place, we would like to commend the bravery of the victims for coming forward and assisting with the prosecution of these two men. Because of their efforts, the Young brothers will never be able to victimize anyone else.

Additionally, we would like to thank Deputy District Attorney Jessica Murad and everyone else involved for their hard work during this lengthy trial.

The Antioch Police Department would like to thank the members of the community who assisted us with this investigation, in addition to the Contra Costa Sheriff’s Office Crime Lab, Serological Research Institute, FBI – Federal Bureau of Investigation, and Stockton Police Department.

Lastly, we would like to recognize the tireless efforts of Antioch PD Detective Kelly Inabnett, who was the lead investigator on this case. His extensive work and dedication to bringing justice to the victims led to the identification, arrest, and successful prosecution of this case.

According to the Contra Costa District Attorney’s Office, Lamar and Kenry Young, the two brothers who callously committed a sexual assault and robbed two foreign national students in Antioch are facing life sentences.

35-year-old Lamar Lee Young of Stockton and 33-year-old Kenry Lee Young of Antioch attacked a couple on October 16, 2020, before midnight in the Palms Parking Lot near G Street in Antioch. The victims traveled to Antioch from the South Bay to go fishing at a pier on the Delta. When the victims returned to their vehicle, Lamar and Kenry approached them on foot with handguns drawn while the couple were seated in their car. The Youngs then proceeded to use their firearms as blunt force weapons on both individuals, carried out sexual acts on the female victim, and robbed them of their valuables — including an ATM card.

Members of the Antioch Police Investigations Bureau took the lead in reviewing a large amount of video evidence – including areas near the scene of the crime and a bank’s security camera footage where Kenry Young attempted to use the stolen ATM cards to withdraw cash. Investigators also used a DNA sample from Kenry Young to compare it to forensic evidence from the scene of the crime – which resulted in a positive match.

On October 22, 2020, members of the Antioch Police Special Operations and Problem Oriented Policing Units arrested Kenry Young at his residence in Antioch, which was only a few blocks from the crime scene. Lamar Young, identified as the second suspect, was arrested in Stockton on October 29, 2020.

After the Youngs were booked into the Martinez Detention Facility, the Contra Costa County District Attorney’s Office filed a six-count felony complaint on November 2nd against Kenry and Lamar Young.

On September 26th, 2022, a jury found both men guilty of forcible oral copulation and sexual penetration by a foreign object with enhancements for use of a dangerous or deadly weapon, as well as second-degree robbery and assault.  Each faces a minimum of 30 years to life. A sentencing date has been set for December 16th, 2022, in Martinez in front of Judge Rebecca Hardie.

Deputy District Attorney Jessica Murad – who prosecuted the case for The People — said she’s thankful to the victims for coming forward and “having the courage to testify against these men for these truly horrific crimes. By doing so they have ensured no one else will ever be victimized by these brothers again.”

Antioch Police Detective Kelly Inabnett said in a statement: “I am sorry I met the victims during one of the most traumatic moments of their lives, but I am grateful and inspired by the strength they showed when testifying against their perpetrators. I am grateful the jury decided to hold the Young brothers accountable for their actions.”

The Contra Costa District Attorney’s Office and the Antioch Police Department would like to thank the Contra Costa Sheriff’s Office Crime Lab, Serological Research Institute, Federal Bureau of Investigation, the Stockton Police Department, the CCCDAO’s Sexual Assault Unit, Legal Assistants, Victim Support, and the members of the community who helped in the investigation and prosecution of this case.

Original Antioch Police News Release

ANTIOCH, CA. On Saturday, October 17, 2020, at about 1:00 am, Antioch Police patrol officers were notified of a brutal sexual assault that occurred in the Palms Parking Lot (near the Foot of G Street). Officers learned two victims were fishing at the San Joaquin River and returned to their vehicle at about 11:50 pm the previous evening. They were approached by two male suspects who were armed with handguns. The suspects robbed and pistol whipped both victims. After doing so, both suspects forced the female victim to perform sexual acts on them. The suspects left the scene in a vehicle – and minutes later – attempted to use a credit card stolen in the incident at an ATM.

Members of the Antioch Police Investigations Bureau took over the investigation and performed an extensive collection of video evidence. This included areas near the scene of the crime and the ATM that was used. From this video collection, investigators developed a suspect, 31-year-old KENRY LEE YOUNG of Antioch. A reference sample of his DNA was compared to forensic evidence from the scene of the crime, resulting in a positive match. On October 22, 2020, members of the Antioch Police Special Operations and Problem Oriented Policing Units arrested Kenry Lee Young at his residence, which was only a few blocks from the crime scene.

Detectives conducted additional investigation and learned the second suspect was Kenry Young’s brother, 33-year-old LAMAR YOUNG of Stockton. On October 29, 2020, members of the Special Operations and Problem Oriented Policing Units placed Lamar Young under arrest in Stockton.

On Monday, November 2, 2020, the Contra Costa County District Attorney’s Office charged both Kenry and Lamar Young with multiple felonies, including oral copulation by force, sodomy by force, sexual penetration by force, aggravated assault with a firearm, and two counts of

robbery. Both remain in-custody at the Martinez Detention Facility awaiting trial and their bail was set at $3,450,000.

The Antioch Police Department would like to thank the members of the community who assisted us with this investigation, in addition to the Contra Costa Sheriff’s Office Crime Lab, Serological Research Institute, FBI – Federal Bureau of Investigation, and Stockton Police Department.

Additional inquiries or information can be directed to Antioch Police Detective Inabnett at (925) 779-6932 or by emailing kinabnett@antiochca.gov. Anonymous tips or information about this – or any other incident – can be sent via text to 274637 (CRIMES) with the keyword ANTIOCH.