Contra Costa Herald

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

Contra Costa DA drops charges against two suspects in mutilation, burning of Antioch woman’s remains over cops’ racist texts

By Leave a Comment

Police and fire department personnel investigate the scene of Mykaella Kayla Sharlman’s body found on fire along the Mokelumne Coast to Crest Trail in Antioch, Monday morning, Oct. 17, 2022. Herald file photos

People vs. Montalvo and Boone cases can be brought back; among cases under review by DA, Public Defender; suspects released

By Allen D. Payton

According to Public Information Officer Ted Asregadoo, on Tuesday, June 6, 2023, the Contra Costa District Attorney’s Office determined the prosecution of The People of the State of California vs Ashton Montalvo and Deangelo Boone could not proceed to trial and moved to dismiss the case.

A dismissal at this juncture affords the District Attorney’s Office the ability to refile criminal charges against Montalvo and Boone and reinitiate legal action if new evidence is developed.

In this case, the prosecution of 42-year-old Deangelo Laraye Boone of Antioch and 33-year-old Ashton Kentrell Montalvo, of either Bay Point or Antioch, for mutilation and arson of the remains of 25-year-old Mykaella Kayla Sharlman found on the Mokelumne Trail in Antioch on October 17, 2022, relied heavily on the investigative work of Antioch Police Officers who are associated with racist text communications. (See related articles here, here, here, here and here)

After thoroughly reviewing the officers’ role in this case, applying relevant legal principles, and considering ethical responsibilities, the Contra Costa District Attorney’s Office no longer has confidence in the integrity of this prosecution.

“Our office extends our deepest sympathies to the family of Mykaella Sharlman and we aspire to renew this prosecution if presented with the opportunity to do so,” Asregadoo shared.

Case No. 04-22-01086 | The People of the State of California vs. Montalvo, Ashton

Case No. 04-22-01085 | The People of the State of California vs. Boone, Deangelo Laraye

As previously reported, District Attorney Diana Becton, Public Defender Ellen McDonnell, Betty Barker from the Alternate Defender Office, and the Director of the Contra Costa Conflict Program, Oksana Tsykova met in April to discuss the creation of a process to address cases affected by the disclosure of cruel, racially insulting, and hostile text messages written or received by members of the Antioch Police Department.

The Contra Costa District Attorney’s Office is working to identify cases that are potentially compromised by the text messages. Once we’ve identified those cases – and any overlapping conflicts — they will initiate a detailed review process for potential dismissal, resentencing, or the preservation of convictions.

The DA’s Office was asked for the names of the officers associated with the two cases and if the suspects have been released.

Asregedoo responded, “APD should have the information on what officers were involved in the investigation of the Boone/Montalvo case. As to whether both men are out of custody, unless they have holds on priors, they are likely out.”

“The texting scandal was only part of it,” he added. “There were other issues with the case. But we’re hopeful APD can pursue other investigative avenues and bring more evidence to review for a charging decision.”

Antioch Police Department PIO Corporal Price Kendall was then asked for the names of the officers and Contra Costa Sheriff’s Office spokesman Jimmy Lee was asked if the suspects had been released. They had not responded prior to publication time.

Lee responded, “They are no longer in custody.”

Please check back later for any updates to this report.

Hercules man faces murder charge, Antioch man arraigned for assault with firearm in Pleasant Hill shooting

By Leave a Comment

Outside bar on April 3rd; murder suspect arrested in Mexico

By Ted Asregadoo, PIO, CCDA

The Contra Costa District Attorney’s Office has filed a two-count felony complaint against a Hercules man for the murder of 37-year-old Oscar Arellano Laredo in Pleasant Hill on April 3rd.

Around 1:15 am, Pleasant Hill Police received reports of shots fired in the 1900 block of Contra Costa Boulevard. When officers arrived on the scene, they found Mr. Laredo lying on the ground in in the parking lot of Farrington’s Bar at 1938 Contra Costa Blvd. with a gunshot wound to his head. Emergency medical personnel arrived shortly after and pronounced Mr. Laredo deceased at the scene. (See related article)

An investigation into the incident revealed that a dispute in a nearby bar involving friends of the shooter and victim preceded the shooting. Witnesses also reported the suspect fled in a vehicle shortly after the murder. Police were able to identify the vehicle and its owner – who matched witness descriptions of the shooter – as 35-year-old Andre Aaron Barocio (4/21/88). Law enforcement officials in Mexico arrested Barocio on May 21st and he was transported back to the Bay Area where he was booked into the Martinez Detention Facility on May 25th. His arraignment is scheduled for May 26th in Martinez.

In addition to the murder charge [PC187(a)], Barocio faces a second felony [PC29800(a)(1)] for possessing a firearm by a felon and a special allegation for the personal and intentional discharge of a firearm [PC12022.53(d)].

According to locacrimenews.com, Barocio has a history of arrests dating back to 2014 by Pittsburg, Concord, U.C. Berkeley, Walnut Creek and West Covina Police Departments, as well as Contra Costa CHP and Alameda County Sheriff’s Department including for DUI, possession of ammunition, driving with suspended license and speeding over 100 MPH and drug possession.

Co-defendant 32-year-old Angelo Martinez Delacruz (5/31/90) of Antioch was arraigned on assault with a firearm [PC245(a)(2)] and has a court date set for a preliminary hearing on June 1st in Martinez.

Barocio’s arraignment has been put over to June 1st since his case is related to Delacruz. It will be held in Department 27 with Judge Teri Mockler.

Case No. 01-23-01411| The People of the State of California v. Barocio, Andre

Case No. 01-23-01292 | The People of the State of California v. Delacruz, Angelo Martinez

Allen D. Payton contributed to this report.

Contra Costa DA’s Office settles multi-county enforcement action with CVS Pharmacy

By Leave a Comment

Will pay almost $8 million for selling expired over-the-counter drugs and baby formula.

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

The Contra Costa County District Attorney’s Office Consumer Protection Unit has settled a civil law enforcement action against CVS Pharmacy for selling expired over-the-counter drugs and baby formula.

The settlement is part of a multi-county enforcement action initiated by Contra Costa, Santa Cruz, Fresno, Marin, Placer, Riverside, Sacramento, San Bernardino, San Joaquin, Shasta, Solano, and Yolo Counties District Attorneys’ Offices. Locally, Contra Costa Deputy District Attorney Bryan Tierney prosecuted the case against CVS Pharmacy, Inc., Longs Drug Stores California, L.L.C., and Garfield Beach CVS, L.L.C., (“CVS”).

CVS Pharmacy owns and runs pharmacies and retail stores throughout California – with 31 stores in Contra Costa County. These stores offer a variety of products such as over-the-counter drugs, food, infant formula, and baby food.

California law prohibits retailers from selling or offering for sale any over-the-counter drug that has expired. Also, food retailers in California are prohibited from selling or offering for sale any infant formula or baby food that has passed its “use by” date, as mandated by the federal Food, Drug, and Cosmetic Act.

The civil complaint — which was filed in Santa Cruz County Superior Court on May 9th — alleged that CVS Pharmacy has been selling expired over-the-counter drug products, as well as infant formula and baby food past their “use by” date for the past four years.

After being informed of the violation, CVS Pharmacy cooperated with authorities and acted by conducting internal checks for expired over-the-counter drugs, infant formula, and baby food that were past the “use by” date at all their retail locations in California. CVS Pharmacy also invested time and resources to retrain store personnel to verify the expiration dates of food and drug products.

It’s important to note that the investigation did not uncover any evidence that the sale of expired or past the “use by” date products resulted in harm to consumers.

Contra Costa District Attorney Diana Becton said, “This enforcement action underscores how our work helps to protect consumers from unlawful business practices. The residents of Contra Costa County must have confidence that the products they purchase are safe and not beyond their expiration dates. This settlement shows that CVS Pharmacy understands the seriousness of the violations and has taken steps to remedy the problem.”

CVS Pharmacy agreed to abide by a court order that prohibits any further violations of California law regarding the sale or offer for sale of expired over-the-counter drugs or infant formula and baby food past their “use by” date. The agreement was made without admitting or denying any wrongdoing. As part of the judgment, CVS will pay $6,500,000 in civil penalties and investigative costs, as well as an additional $1,000,000 in restitution. The restitution amount will be contributed to various charitable organizations that serve California residents throughout the state. Locally, CVS Pharmacy will pay the Contra Costa County District Attorney’s Office $475,000 in civil penalties, and $19,000 to reimburse the office for prosecution costs.

Contra Costa DA report found 2021 Richmond Police use of force “reasonable”

By Leave a Comment

An autopsy determined Ivan Gutzalenko’s cause of death was “Prone restraint asphyxia and cardiac arrest while under the influence of methamphetamine.”

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

The Contra Costa District Attorney’s Office has issued a report on the death of 47-year-old Ivan Gutzalenko after an encounter with Richmond Police officers in 2021.

As previously reported, on March 10, 2011, the Richmond PD Communications Center received a 911 call from a business owner in the 12600 block of San Pablo Avenue, advising of an individual who was creating a disturbance inside the business and damaging property. When officers arrived, they found the 47-year-old man stumbling around. He had fallen to the ground. The man appeared to be in medical distress or under the influence of drugs. Officers tried to calm the man and provided medical assistance to him until the paramedics arrived.

Officers placed him in a prone position while one officer placed his knee on the individual’s lower back to handcuff him. The man was placed on a gurney and taken to the hospital. Unfortunately, despite all lifesaving measures the man passed away.

“Law Enforcement Involved Fatal Incident (LEIFI) reports are part of my policy of being more transparent in the criminal justice system,” District Attorney Diana Becton noted. “Even in complicated cases like this one, it’s important for the public to know the details of an investigation and how my team and I reached our legal decision.”

Each LEIFI report summarizes the results of the District Attorney’s independent criminal investigation, includes a summary of an autopsy, the outcome of a coroner’s inquest, a legal analysis of the facts, and a determination of criminal liability.

According to the LEIFI report, “On March 11th, 2021 an autopsy was conducted on Gutzalenko by Dr. Arnold Josselson. Blood samples taken from Gutzalenko tested positive for methamphetamine. Gutzalenko’s cause of death was listed as ‘Prone restraint asphyxia and cardiac arrest while under the influence of methamphetamine.’”

In the case of Ivan Gutzalenko, the Contra Costa District Attorney’s legal analysis determined that the officers’ use of force on March 10, 2021, was reasonable given the circumstances. The analysis also found insufficient evidence to prove that the force used by the officers caused Mr. Gutzalenko’s death. Therefore, no further action will be taken in this case.

To read the complete LEIFI report on Ivan Gutzalenko, click here.

Allen D. Payton contributed to this report.

Martinez man charged with gun possession in a school zone

By Leave a Comment

Suspect out on bail

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

The Contra Costa District Attorney’s Office has filed a two-count complaint against a Martinez man for possessing a firearm in a school zone.

23-year-old Michael Joseph Childressfrey has an arraignment date set on May 31st for offenses related to an incident that occurred on April 26th at John Swett Elementary School on Alhambra Avenue in Martinez.

At approximately 1:00 pm, Martinez Police were dispatched to the school campus to investigate reports of a known adult male who was in the school parking lot. Police were told that the man was not a welcomed presence, and he frequently carries a firearm.

When officers arrived at the school, they approached Childressfrey in a parked vehicle. He was cooperative, and when asked, Childressfrey said he was in possession of a firearm. Law enforcement authorities placed Childressfrey under arrest for gun possession in a school zone and carrying a loaded concealed firearm. Later, police seized two additional weapons from Childressfrey’s residence. Childressfrey was taken into custody and immediately posted bail before the investigation could be referred for prosecution.

While the incident was resolved peacefully, parents and neighbors have expressed their concern over the matter, and that Childressfrey posted monetary bail the day of his arrest.

District Attorney Diana Becton said, “This incident is understandably distressing– my Office worked in conjunction with the Martinez Police Department to ensure a swift filing determination. After receiving a request for prosecution from Martinez Police on Friday, the DA’s Office reviewed the case and filed the necessary documents with the court to initiate prosecution on Monday.”

Case No. 01-23-01358 | The People of the State of California vs. Childressfrey, Michael Joseph

Evidence of Lafayette man wrongfully convicted in 2005 high-profile murder presented to city council

By 1 Comment

Antioch private detective helps compile report, seeks public’s help in pressuring officials

By Robert J. Hansen

Scott Dyleski at age 16 in his Lafayette home. (Courtesy of scottdyleski.org)

In 2005, 16-year-old Scott Dyleski was arrested and subsequently convicted for the murder of Pamela Vitale, the wife of nationally-recognized legal analyst and attorney Daniel Horowitz.

Private detective Ralph Hernandez and another seeker of justice, John Fitzgerald, presented a wealth of information suggesting Dyleski is innocent and was possibly framed for the murder to the Lafayette City Council at its April 10 meeting, urging the council to pressure the Contra Costa District Attorney’s Office to review Scott’s case.

“The actual murderer, or murderers, are still walking around Lafayette,” Fitzgerald said. “One of them was married to the woman that was murdered.”

Of the evidence Fitzgerald shared, the most convincing was the three K-9s who repeatedly led officers to a trailer on the property rather than following the trail that led back to Scott’s house.

“Nobody found out about this because it was never reported,” Fitzgerald said.

In the trailer were pinkish-red water in the sink, clothes soaking with blood on them, and a picture of the victim on them, according to Fitzgerald.

Many key items of potentially exculpatory physical evidence were not properly examined, according to a 2009 forensic report.

“These are items that were likely used by or associated with the offender during and after the commission of the crime. Flawed methodology and subsequent false testimony are beneath best practice, and raise the specter of potential fraud,” the report said.

Hernandez has over 50 years of investigative experience in public safety matters and is considered a national expert on investigating homicides. He began investigating Dyleski in 2011, six years after Dyleski was arrested, prosecuted and convicted of a murder Hernandez believes he did not commit.

“Scott Dyleski did not murder Pamela Vitale in your city, somebody else did,” Hernandez told the council.

Hernandez submitted a request to the Contra Costa DA’s Conviction Integrity Unit to review Scott’s case over four years ago.

After a couple of years and not hearing back from the Contra Costa DA office, Hernandez wrote a formal complaint about the DA to the Contra Costa County Board of Supervisors.

The complaint to the county, Hernandez said, has also gone unanswered.

Lafayette city council has not told Hernandez what they thought about the evidence he showed them, nor if they have any plans on getting involved.

Fitzgerald said his and Hernandez’s comments to the council sparked a community response that has led to several phone calls being made to the Contra Costa DAs office.

Scott Dyleski was sentenced to Life Without Parole in September of 2006 and transferred to San Quentin Prison on his 18th birthday, becoming the youngest inmate in the California prison system at that time.

He has since been moved to Kern Valley State Prison.

Hernandez says the public’s help is going to be needed in pressuring their elected officials to take action.

“As elected officials, they have sworn an oath to make sure the government works for the people, including the District Attorney’s Office,” Hernandez said.

This story is part of a rolling-investigative series.

Robert J Hansen is an investigative journalist with The Davis Vanguard, Newsbreak.com and is published in The Sacramento Observer.

Contra Costa DA Becton meets with Public Defender, others on Antioch cops’ racist texts, will work to ID compromised cases

By 1 Comment

By Allen D. Payton

In response to the letter from the Contra Costa Public Defender Ellen McDonnell to DA Diana Becton on Friday, requesting all cases brought by the Antioch Police Department be dropped and all inmates be released, due to the racist text scandal, a meeting was held Monday afternoon to discuss the matter. (See related articles here, here and here)

DA’s Office PIO Ted Asregadoo sent the following statement “about the meeting that happened at 1 pm today at the DA’s Office”:

“Today, District Attorney Diana Becton, Public Defender Ellen McDonnell, Betty Barker from the Alternate Defender Office, and the Director of the Contra Costa Conflict Program, Oksana Tsykova met to discuss the creation of a process to address cases affected by the disclosure of cruel, racially insulting, and hostile text messages written or received by members of the Antioch Police Department.

The Contra Costa District Attorney’s Office is working to identify cases that are potentially compromised by the text messages. Once we’ve identified those cases – and any overlapping conflicts — we will initiate a detailed review process for potential dismissal, resentencing, or the preservation of convictions.

The DA’s Office is working to ensure that public safety and serving the interest of justice are priorities in this process.”

The scandal involves as many as 45 Antioch cops, focusing on 14 and one in particular, with many of them on paid leave during the police department’s own investigation.

McDonnell was asked if she had any comments about the meeting but did not respond prior to publication time.

Please check back later for any updates to this report.

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

By 1 Comment

Possible violation of officers’ rights, could undermine investigation; officers’ attorney considering “massive” lawsuit against DA’s Office

By Allen D. Payton

In the initial redacted version of the 21-page report dated March 27, 2023, on the racist and other offensive texts by Antioch Police Officers by the Contra Costa District Attorney’s Office revealed those officers’ cell phone numbers and the names of the Antioch and Pittsburg Police Officers under investigation by the FBI since March 2022, plus the list of their alleged “crimes of moral turpitude” that are supposed to be under court protective order. That version was leaked and posted by someone on social media Thursday morning, April 13, 2023. The result has been a firestorm because it violated the court order and possibly the police officers’ rights and could undermine the investigation. It could also result in a “massive class action lawsuit” against the DA’s Office according to the attorney for the Antioch Police Officers Association (APOA). (See related article)

The DA’s office incorrectly redacted the document before releasing it because the leaked redacted version of the report allows for copying of the information beneath the black blocks revealing the sensitive information. NOTE: The PDF of that version was not shared by the Herald. Only the PDF of the further redacted version by the DA’s Office.

It was the Herald that revealed the mistake to the CCDA’s Public Information Officer Ted Asregadoo on Thursday, who said it was an Adobe software issue. He said the information was under court protective order, thanked this reporter and said the office would be changing how they create PDF’s which they did for the final redacted copy the office issued that afternoon.

Officers Receiving Angry Calls

When asked about the matter, Mike Rains, the APOA’s attorney said, “We’re aware of it. Some of the officers have been getting angry calls.”

Asked if the DA’s Office violated the officers’ rights and if it could undermine the FBI’s and DA’s investigation of those officers, Rains said, “I think it does. I believe it will result in a massive class action lawsuit. The DA’s Office f-ed up.”

He also shared that the officers were obtaining new cell phone numbers.

“It was Deputy DA Simon O’Connell who did the redacting,” Rains stated. “I called Becton and told her they screwed up.”

Questions were sent to DA Becton, O’Connell and Asregadoo, Thursday night asking if it was O’Connell who redacted the initial version of the report and if so, will there be some form of discipline of him for doing so. They were also asked if the revelation of the phone numbers of the 14 officers on the list of those accused of sending the offensive texts and more importantly, the officers names, phone numbers and information from the investigation by the DA’s Office and the FBI, undermine that investigation and does it violate those officers’ rights.

Asregadoo responded Friday morning, copying Becton and O’Connell, “The joint CCCDAO and FBI investigation is ongoing, so we really don’t have anything to comment on at this time.”

Becton later responded simply, “Ok, thanks for the update.”

Pages from the initial redacted PDF version of the 21-page report by the Contra Costa DA’s Office on the racist texts by Antioch Police Officers with the phone numbers of the officers and the sections about the FBI investigation that were supposed to be unreadable.

Revealed Information About FBI Investigation

The information now in the public domain, some of which was previously reported by the East Bay Times, includes the names of the Antioch and Pittsburg Officers under investigation by the FBI and DA’s Office, plus the alleged crimes they committed. They were described as “crimes of moral turpitude” which is defined as “conduct that shocks the public conscience, or which does not fall within the moral standards held by the community” for buying and selling controlled substances believed to be steroids among themselves. (See related articles here and here)

The portion of the report that was supposed to be redacted and out of public view reads as follows:

“The FBI is currently investigating the police officers for violations of the following federal offenses; Title 21, United States Code, Sections 841(A), distribution, and possession with intent to distribute a controlled substance; Section 843(b) illegal use of the mail in furtherance of narcotic trafficking; Title 18, USC, 1503 Obstruction of Justice; Section 846, attempt and conspiracy to commit the foregoing offenses; Section 241, Conspiracy for two or more persons to agree to injure, threaten, or intimidate a person in the United States in the free exercise or enjoyment of any right or privilege; and Section 242, a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States. The CCCDAO is investigating these officers for assault under the color of authority, bribery, embezzlement, possession of controlled substances (steroids) for sale, knowing or offering any false or forged instruments, possession, and sales of assault weapons, and attempt and conspiracy to commit the foregoing offenses. The CCCDAO is also reviewing whether any of the above listed individuals have violated Penal Code (PC) section 745, the Racial Justice Act, which prohibits the use of race, ethnicity, or national origin by a law enforcement officer in pursuit of a conviction or sentence.

On 03/22/2022, the Honorable Presiding Judge Rebecca C. Hardie, Judge of the Superior Court of California, Contra Costa County, signed a search warrant under seal authored by CCCDAO Senior Inspector Larry J. Wallace for the seizure and search of the following cellular telephones: Pittsburg Police Officer Willie Glasper, (redacted phone number); Pittsburg Police Officer Brauli Rodriguez Jalapa, (redacted phone number); Pittsburg Police Officer Ernesto Juan Mejia-Orozco, (redacted phone number); Pittsburg Police Officer James Robert Anderson, (redacted phone number); Antioch Police Officer Ben C. Padilla, (redacted phone number); Antioch Police Officer Eric Rombough, (redacted phone number); Antioch Police Officer Devon Wenger, (redacted phone number); and Antioch Police Officer Andrea Rodriguez, (redacted phone number). The search warrants and affidavits were signed under seal and filed with the Martinez Superior Court.

On 03/22/22, the Honorable Laurel Beeler, United States Magistrate, Northern District of California, signed a federal search warrant under seal authored by FBI Special Agent (SA) Thuy Zoback for the seizure of the following cellular telephones: Pittsburg Police Officer Armando Montalvo; Pittsburg Police Officer Patrick Berhan; Antioch Police Officer Timothy Manly Williams; Antioch Police Officer Morteza Amiri, Antioch Police Officer Nicholas Shipilov; Antioch Police Officer Eric Rombough; Antioch Police Officer Daniel Harris; and Antioch Police Officer Calvin Prieto. The purpose of the search warrants were to seize electronic communications; such as, but not limited to the following: records and communications indicating the possession, use, purchase, sale, distribution, transfer, theft, and/or concealment of controlled substances, including books, receipts, notes, ledgers, pay and owe sheets, correspondence, records noting price, quantity, date and times when controlled substances were purchased, possessed, transferred, distributed, sold or concealed.

On 03/23/2022, sworn law enforcement members of the CCCDAO and the FBI retrieved the above listed cellular telephones from the above listed sworn law enforcement members of the Pittsburg and Antioch Police Departments. Law enforcement members from the CCCDAO and the FBI downloaded/extracted electronic cellular data communications from the above listed cellular telephones. A thorough review of the electronic cellular data communications took place for the past year.”

Rains Exploring Legal Options

“I am exploring legal options including a possible lawsuit related to our grave concerns about the way in which this report was ordered released by the court to begin with, when I was supposed to be given the opportunity on behalf of the officers to seek a protective order,” Rains stated on Monday. “Plus, the release by the DA’s Office when they told me, the judge told me to tell Chief Assistant DA Simon O’Connell to not release the report until I had the opportunity to be heard. We tried to set up dates with the defense attorneys on Monday, after the morning appearance I made. Then I received an email from O’Connell on Tuesday that the judge ordered the report released. I feel betrayed by both the judge and by the DA’s Office.”

“I’m exploring the damages done to the officers due to the actions by the DA’s Office,” he added.

 

 

 

Contra Costa DA: no one in office leaked second redacted report on Antioch Officers’ racist texts

By Leave a Comment

Won’t say who sent the report or to whom; issues further redacted second report

By Allen D. Payton

After a second, 14-page investigative report on Antioch Police Officers’ racist texts was leaked and posted on social media on Saturday, April 15, questions were sent to DA’s Office PIO Ted Asregadoo that day asking to whom the report was sent, why it was prepared separately from the 21-page report, why it wasn’t sent to the media and was it intended to be shared with the media. He was also asked how the East Bay Times obtained it earlier in the week, was it leaked by someone in the DA’s Office and if so, who. Finally, Asregadoo was asked if there is an investigation in the DA’s Office to determine who leaked the 21-page report and this other, 14-page report.

Asregadoo responded Monday morning, “Our inspectors have investigated the matter and determined someone outside of our organization disclosed the reports to the public and press.”

He was then asked again, to whom were the redacted reports sent from the DA’s Office and who sent them.

Asregadoo also sent out the following press release about the matter, and provided a further redacted copy:

“The Contra Costa District Attorney’s Office has made a second investigative report available to the public. Like the previous report, this one also details texts and images sent and received by certain members of the Antioch Police Department in March 2021.

On April 7, 2023, the court ordered the DA’s Office to disclose redacted investigative reports to defense attorneys representing clients in a felony criminal case. The judge issuing the order reminded defense counsel about the sensitive nature of the content of the reports and urged caution in its distribution beyond the parties involved in the criminal case. The District Attorney’s Office agreed with the court advisory — as the documents contained explicit words and images that are hurtful, offensive, and inflammatory.

Media interest in accessing the second report increased over the weekend when a copy of it was leaked to the press and public by an individual or group outside of the DA’s Office.

Like the 21-page report that the DA’s Office made available on April 13, 2023, a redacted copy of a 14-page investigative report is available to view. The DA’s Office added further redactions to balance public interest with the sensitive nature of what is contained in the report.

To view or download the redacted report, click here.”

Contra Costa Public Defender wants DA to drop all cases, release suspects of Antioch Police Department

By 5 Comments

Claims “At least 45 APD officers were on the text chains”

“I request you immediately dismiss all pending Public Defender cases involving APD, agree to release our incarcerated clients, and cease filing any APD related cases.” – Public Defender Ellen McDonnell

“Text messages… reveal a deeply entrenched, department-wide culture of racism, homophobia, targeted violence against Black people, selective enforcement of laws against Black people, fabrication of evidence, and utter disregard of civil and human rights.”

By Allen D. Payton In response to the reports of Antioch Police Officers’ racist texts released this past week, Contra Costa Public Defender Ellen McDonnell sent a letter to DA Diana Becton on Friday, April 14, 2023, requests she “dismiss all pending Public Defender cases involving APD, agree to release our incarcerated clients, and cease filing any APD related cases.” (See related articles here and here) McDonnell had previously asked Becton to pause all criminal filings and prosecutions of the Antioch officers involved in the text scandal and investigation. Now, based on the additional information that more officers including department leaders were included in the text messages exchanged, she’s requesting much more. Public Defender Letter to DA Becton_4-14-22 McDonnell’s letter reads as follows:

April 14, 2023

Diana Becton

Office of the District Attorney

900 Ward Street Martinez, CA 94553

Dear Diana,

I am in receipt of redacted versions of Contra Costa County District Attorney Senior Inspector Larry Wallace’s investigative reports.1 The Antioch Police Department (APD) text messages discussed in the reports reveal a deeply entrenched, department-wide culture of racism, homophobia, targeted violence against Black people, selective enforcement of laws against Black people, fabrication of evidence, and utter disregard of civil and human rights. At least forty-five APD officers2 were on the text chains disclosed thus far. The officers run the gamut from patrol officers to lieutenants. Of the twelve non-CSO senior officers3 in APD’s investigations bureau4, eleven were recipients or active participants in the text chains. The president of the Antioch Police Officers Association, an APD sergeant, was actively involved. Even the internal affairs sergeant participated in the group sending these vile text messages.

At least sixteen of the forty-five officers are in leadership roles at APD as detectives, sergeants, and lieutenants showing they endorsed and shared in these views.

The public simply cannot have trust or confidence in any criminal prosecution involving APD. No one should be charged with a crime based on the report of a police department so thoroughly riddled with corruption. I request you immediately dismiss all pending Public Defender cases involving APD, agree to release our incarcerated clients, and cease filing any APD related cases.

Following up on my March 30, 2023 letter, incorporated by reference, I request you identify all law enforcement officers involved in the text messages (whether as active participants or recipients), as well as all Public Defender and Alternate Defender pending and closed cases where the officers were involved in the investigation. I also request that you provide unredacted copies of Inspector Wallace’s reports and further disclose all of the text messages themselves.

The vile text messages were apparently discovered while investigating other acts of moral turpitude by members of APD and the Pittsburg Police Department (PPD). News reports have characterized the acts being investigated as “using cocaine and steroids, cheating on tests or misrepresenting their own training, and assaulting people, among other offenses”5 and “trying to fraudulently obtain college degrees in order to collect pay bumps.”6 At least one PPD officer has been charged with selling AR-15 firearms. {People v. Armando Montalvo, Contra Costa Superior Court docket no. 01-22-02142.)

News reports indicated a grand jury was convened and indictments were expected in or around December 2022.7 It has now been over a year since the news first broke of your office’s joint investigation with the Federal Bureau of Investigations of criminal conduct by APD and PPD police officers. I request information regarding the status of this investigation and its estimated end date.

Following up on my March 28, 2022, letter, incorporated by reference, I request you identify all APD and PPD officers that were or are being investigated for crimes of moral turpitude, as well as all Public Defender and Alternate Defender pending and closed cases where the officers were involved in the investigation. I further request you provide police reports and other investigative materials without insisting on a protective order. The extent of the hatred and lawlessness that has recently been revealed within APD is unfathomable. Continuing to prosecute the victims of APD’s targeted, violent, racist policing while simultaneously shielding the officers’ identities and the full extent of their misconduct and criminal activities is manifestly unjust. I request immediate full discovery and complete transparency. Please see the attachment for a specific list of items requested.

Thank you in advance for your assistance and cooperation with this matter. If you have any questions about this request, please let me know. I look forward to discussing this matter with you on Monday, April 17 at 1:00 p.m.

Sincerely,

Ellen McDonnell

Public Defender Contra Costa County

1 Nos. 01-1046493/21-001905, dated March 28, 2023, and 013-1046493, dated March 27, 2023.

2 As of March 14, 2019, APD’s roster contained 115 staff. Assuming the current roster is similarly sized and consists entirely of sworn officers, approximately 40% of APD officers are party to the text message chains.

3 Nine are detectives, two are sergeants and one is a lieutenant. 

4 https://www.antiochca.gov/police/contact-information/

5 https://www.mercurynews.eom/2022/09/10/exclusive-fbi-criminal-investigation-of-antioch-pittsburg-cops-grows-grand- jury-convening/

6 https://www.ktvu.com/news/antioch-pittsburg-police-under-investigation-for-ffaudulent-college-degrees-report

7 Id.

Attachment to April 13,2023 Letter to Diana Becton – Discovery Request

This discovery request is made pursuant to the United States Constitution, Amendments V, VI, and XrV; Brady v. Maryland (1963) 373 U.S. 83 and its progeny; California Penal Code section 1054,1; and California case law. The requested material does not constitute personnel records protected by Pitchess, as it was not generated in coimection with appraisal or discipline, was generated independently of internal investigation, and arose in the context of a criminal investigation. {Pasadena Police Officers Association v. Superior Court (2015) 240 Cal.App.4th 268, 287-288, 292; City of Eureka v. Superior Court (2016) 1 Cal.App.5th 755.) Please provide the following materials:

  1. A list of all Antioch Police Department (APD) and Pittsburg Police Department (PPD) officers being investigated by Contra Costa District Attorney’s Office and/or the Federal Bureau of Investigations for acts of moral turpitude;
  2. Investigative reports, recordings, videos, phone records, and/or any other materials gathered during the course of the investigation, in complete and unredacted form, without any limiting protective order;
  3. A list of all law enforcement officers involved in the text chains that were discovered by your office during the investigation of acts of moral turpitude, and the agency each officer is employed by;
  4. Unredacted copies of any reports regarding the text messages, including but not limited to Contra Costa County District Attorney Senior Inspector Larry Wallace’s reports;
  5. Copies of all the text messages discovered to date, including any that may have also been sent or received by PPD officers or officers in any other law enforcement agencies;
  6. Any other investigative reports, recordings, videos, phone records, and/or any other materials gathered during the course of investigating the text messages, in complete and unredacted form, without any limiting protective order;
  7. A complete list of all pending and closed Public Defender and Alternate Defender cases in which the officers engaged in the text messages, whether as recipients or active participants, and/or under investigation for crimes of moral turpitude, were involved;

Please consider this request as ongoing. As your office obtains new material, please continue to provide complete, unredacted discovery and provide an updated list of affected cases.”

Questions for DA Becton, Antioch Police Chief Ford

Becton and Antioch Police Chief Steve Ford were asked via email Saturday afternoon if they had responses to McDonnell’s request.

4/17/23 UPDATE: DA’s Office PIO Ted Asregadoo responded Monday morning, “DA Becton and PD McDonnell are scheduled to meet this afternoon at 1 pm at the DA’s Office on Ward Street in Martinez.”

Please check back later for any additional other updates to this report.