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

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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

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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.

 

Second DA report leaked, posted on social media shows texts by Antioch Police officers about two suspects in murder case

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Focuses on Officer Eric Rombough, involves seven others including sergeant, detective, plus, U.S. Postal Inspector

“Nice babe, another one for the mantle.” – from an unidentified person in response to Rombough bragging about beating and shooting one of the suspects with a non-lethal weapon

WARNING: Contains offensive language

By Allen D. Payton

Another report by Larry J. Wallace, Senior Inspector with the Contra Costa County District Attorney’s Office was leaked and posted on social media on Saturday, April 15, 2023 about the two suspects and the eight Antioch Police Officers involved in a murder case, plus, a U.S. Postal Inspector, and their racist and other offensive texts. Some of the texts were included in the previously released 21-page report dated March 27, 2023. (See related article)

The 14-page report, dated March 28, 2023, focuses on the “text messages derived from the personal cellular telephone belonging to Antioch Police Department (APD) Officer Eric Rombough” and include “conversations between APD Officer Rombough and the following APD Officers regarding an investigation into Teryon Deshon Pugh and Trent Allen in March of 2021: APD Sergeant (Sgt) Josh Evans, Detective Robert Gerber, Johnathan Adams, Scott Duggar, Timothy Manly Willams, Tom Smith, and Brock Marcote.” The report also shows offensive texts between Rombough and U.S. Postal Inspector Francisco Garcia. Many of the texts reveal mistreatment of the two suspects. Redacted APD Officer texts investigation report 32823

Examples of Text Messages

On March 20, 2021, the report shows text message exchange between Rombough and Gerber:

At 9:16 p.m., APD Officer Rombough responded, “Bro I can’t wait to forty all of them (“forty” or “40” are references to the deployment of the 40mm less-lethal launcher)”

At 9:16 p.m., APD Detective Gerber text, “Hell yeah.”

The report shows more racist texts sent on March 25, 2021:

At 7:36 p.m., APD Officer Rombough texted, “Well we knew they wouldn’t be by the pool.”

At 7:39 p.m., APD Officer Rombough text, “Look at all the Infiniti’s.”

At 7:40 p.m., APD Officer Rombough text, “And cuz they’re dark black.” APD Officer Adams responded with “(laughing emoji).”

At 7:41 p.m., APD Officer Rombough text, “Gotta get them to smile.”

At 8:02 p.m., APD Officer Rombough continued, “Definitely can’t see them.”

The report reads: On 3/30/202 at 8:22 p.m., APD Officer Rombough text APD Detective Gerber, “This looks like dudes car from his ig.” – a reference to Instagram.

At 8:23 p.m., APD Officer Rombough text, “And he’s chilling at ruth Chris steakhouse”. I hate all of them.”

At 8:24 p.m., APD Detective Gerber text, “Turds… all turds”, a comment that APD Officer Rombough “liked”.

The texts on the final day of the report’s time period included exchanges with an unidentified person who praised Rombough for mistreating suspects and claim by Marcotte that a nurse laughed about a suspect being in pain:

On 03/31/2021, at 8:29 a[sic].m., APD Officer Rombough text “Yeah 40 deployment” and “F-g–t got his ass whooped.”

At 9:09 a.m., (An unidentified person) text, “Nice babe, another one for the mantle.”

At 9:1 0a.m., APD Officer Rombough texted, “Murder suspect. In custody and that a–hole made me run.” (An unidentified person) text, “Good thing you fast honey.”

At 9:12 a.m., APD Officer Rombough text, “We managed to setup a perimeter and he ‘got his ass whooped in the back yard and I field goal kicked his head. (An unidentified person) responded, “I thought that was a no no.”

At 9:13 a.m., APD Officer Rombough text, “No we can do that just no chokes” and “I tried to knock him unconscious. And he got muzzle thumped 6 times before he gave us his hands.”

At 9:12 a.m., APD Officer Marcotte responded, “The nurse saw me smiling when he was ‘making noises in pain and she started laughing (laughing emoji).”

At 9:13 a.m., APD Officer Rombough text, “Lmao.”

At 9:15 a.m., APD Officer Rombough added, “What a b–ch.”

At 9:24 a.m., (An unidentified person) texted, “Glad you’re havin fun babe.”

At 9:25 a.m., APD Officer Rombough text, “It was nice after a very boring swat op.”

During this same time, APD Officer Rombough also group text his co-workers, APD Officers Brock Marcos, Timothy Manly Williams, (An unidentified person) and Scott Duggar, (An unidentified person)

At 8:45 a.m., APD Officer Rombough texted the group, “Lol I 40d him right next to his throat.”

At 8:46 a.m., APD Officer Marcotte responded, “Oh f–k” and “Cuz he ducked so fast.”

Later that day the report reads, At 4:43 p.m., APD Officer Rombough replied, “Yup and another f–g-ot in the butt” and “2 for the day.”

At 4:49 p.m. (An unidentified person) responded, “Nice babe.”

Only One Reference to Officers Being Corrected by Department Leader

During an exchange with Rombough on March 31, 2021 the report reads, At 3:11 p.m., APD Officer Adams texted, and “…I forgot that Koch wanted us to stop sending dumb sh-t. Oops.” He was referring to Sgt. Matthew Koch. This is the only text in the report that references any department leader correcting officers for their offensive texts.

Text Exchange Between Rombough & Postal Inspector Garcia

The text message exchange with Postal Inspector Garcia in the report reads: On 03/31/2021, a 3:10 p.m. APD Officer Rombough text United States Postal Inspector Francisco Garcia, “I 40d and field goal kicked one that fled from us on foot today.”

At 3:11 p.m., United States Postal Inspector Garcia responded, “(laughing emoji)”.

At 3:12 p.m., APD Officer Rombough text, “Bro but my foot f—ing hurts.”

At 3:16 p.m., APD Officer Rombough sent the following GIF:

At 5:13 p.m., United States Postal Inspector Garcia asked, “Did you find any guns on any of them?”

At 5:21 p.m., APD Officer Rombough replied, “Sorry we were taking down a second ‘murder suspect and he got 40d too.”

At 5:58 p.m., United States Postal Inspector Garcia texted, “(laughing emoji)….That 40 flag is coming along!! Murica!!”

Questions for DA’s Office

Questions were sent to DA’s Office PIO Ted Asregadoo Saturday afternoon 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 this 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.

4/17/23 UPDATE: 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 in the DA’s Office sent them out. Asregadoo later sent out a press release about the matter with a further redacted copy of the 14-page report.

 

 

Community Safety Panelists wanted for Contra Costa DA’s restorative justice program

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

As part of National Crime Victims’ Rights week in April, the Contra Costa District Attorney’s Office is actively seeking Community Safety Panelists for the Neighborhood Restorative Partnership (NRP) to help survivors of crime recover from the trauma they have experienced. (See related article)

“Victims of crime are often the last ones to receive help in terms of counseling and other resources,” District Attorney Diana Becton noted after analyzing the state budget. “California spends around $50 billion a year on law enforcement, prisons, and county jails. However, for victim-centered services and programs, the state only spends around $100 million.”

The NRP is a community-based program that prioritizes victims. Its goal is to help victims heal and rebuild their lives after suffering from the effects of crime. The program was initiated by the Contra Costa County District Attorney’s Office as a program that moves beyond a one-size-fits-all approach to crime.

NRP addresses low-level misdemeanors, such as vandalism, alcohol control violations, and other quality of life crimes by partnering with members of the community as Safety Panelists. Panelists are chosen through an application and screening process. They receive training at the DA’s Office and are then empowered with the authority – pursuant to PC 14150-14156 — to mediate certain types of misdemeanor offenses.

Safety Panelist Susan Hildreth said the NRP program “is a great opportunity for community members to work together in a safe, open and confidential setting, to achieve positive outcomes or victims, participants, and the community.”

Contra Costa residents interested in becoming a Community Safety Panelist can apply here. Email completed applications to: DA-NRP@contracostada.org, or by mail to the Contra Costa District Attorney’s Office, Attn: Janet Era, Neighborhood Restorative Partnership, at 900 Ward Street, 2nd Floor, Martinez, CA 94553.

Redacted version of DA’s report on Antioch Police officers’ racist, offensive texts leaked

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Covers period from Sept. 2019 to April 2022

“text communications between sworn law enforcement members of the Antioch Police Department we believe may have violated the Racial Justice Act.” – Report

DA issues further redacted report Thursday afternoon

WARNING: Contains offensive words and images

By Allen D. Payton

On Monday, April 10, 2023, under order of a Contra Costa Superior Court judge the District Attorney’s Office released the unredacted report of racist and other offensive texts by Antioch Police officers to the defense attorneys in a murder case of four suspects in which officers are involved. Then on Tuesday a redacted version was exclusively shared with reporters for the Mercury News for an article published that day. That same day the DA’s Office PIO Ted Asregadoo said they were redacting the report further before issuing it to other media and on Wednesday he said it wasn’t ready yet and will “have more info on Friday.” But today, Thursday, April 13 the report provided to the Mercury News was leaked by someone and posted on social media.

“The judge said to the DA’s office we had to provide the unredacted version to the defense for discovery,” Asregadoo explained. “But she also ordered redactions had to be made such as officers’ cell phone numbers and other information for disclosure.”

He said the leaked redacted version did come from the DA’s Office but he didn’t know who leaked it. But they will be releasing a further redacted version of the report, later today. That was issued about 4:30 p.m.

The texts included in the report, by CCCDA Senior Inspector Larry J. Wallace, were sent and received by officers from September 2019 to April 2022. The report lists the 14 “Antioch Police Department Officers Sending Communications”: Sergeants Josh Evans and Rick Hoffman, who is also president of the Antioch Police Officers Association, Detective Robert Gerber, and Officers Jonathan Adams, Morteza Amiri, Scott Duggar, Aaron Hughes, Brayton Milner, Calvin Prieto, John Ramirez, Andrea Rodriguez, Eric Rombough, Kyle Smith and Devon Wenger.

The report also claims, “the CCCDAO and the FBI found text communications between sworn law enforcement members of the Antioch Police Department that we believe may have violated the Racial Justice Act. This report documents some of the derogatory, homophobic, and sexually explicit language and photographs shared by members of the Antioch Police Department that demonstrates their racial bias and animus towards African Americans and other people of color in the community. This report does not include every derogatory text message retrieved during our review of the above listed (redacted) cellular telephones. This is an ongoing state and federal criminal investigation which may lead additional disclosures. This report also documents potential dishonesty, perjury, abuse of authority, and the violation of individual’s civil rights.”

The California Racial Justice Act, AB2542, passed in 2020, prohibits “the state from seeking a criminal conviction or sentence on the basis of race, ethnicity, or national origin.”

The report further reads, “This is a joint investigation being conducted by the Federal Bureau of Investigation (FBI) and the Contra Costa County District Attorney’s Office (CCCDAO) involving law enforcement officers currently and formerly employed by the Antioch Police Department (APD) and the Pittsburg Police Department (PPD) regarding crimes of moral turpitude and criminal offenses.”

Asked if the 14 officers on the list are now included in the FBI investigation, the DA’s PIO Asregadoo said, “I can’t confirm that because I don’t know the scope of the FBI investigation.”

Other Sergeants and Officers Received Text Messages

The report also shows other officers received one or more of the text messages, including Sergeants Jimmy Wisecarver, Matthew Koch, James Stenger, Trevor Fortner, and Loren Bledsoe, the current Vice President of the APOA, and Officers Daniel Harris, John Cox, Jonathan Adams, Kyle Smith, Jacob Ewart, Ryan McDonald, Joseph Magana, Casey Brogdon, Tom Lenderman, Aaron Hughes, Adrian Gonzalez, Matthew Nutt; Brock Marcotte, Scott Duggar, Timothy Manly Williams, Kelly Inabett, Zechariah Matis, Brock Marcotte, Ryan McDonald, Brittney Crites, Quamaine Murphy, Johnathan Adams, Jiseok Jeong, Adam Duffy, Casey Brogdon, Matthew Summers, Tom Smith, Marcos Torres, Randall Gragg, Samantha Peterson, Brayton Milner and Arturo Becerra, as well as Brentwood Police Officer Lindzie Laughridge.

Examples of Offensive Messages

The texts include words and memes using derogatory terms, such as, “Ni–a”, “Beaner”, “gorillas”, “I’ll bury that ni–er in my fields”; “monkeys”, “f-g–ot” and more.

The report also shows other text messages in which officers claimed they were breaking the law and violating citizens’ rights. For example, the report reads, “On 04/29/2020, at 5:10 p.m., APD Officer Amiri text Brentwood Police Department (BPD) Officer Lindzie Laughridge, ‘Since we don’t have video I sometimes just say people gave me a full confession when they didn’t. gets filed easier.’”

Another message sent threatened harm to Antioch Mayor Lamar Thorpe. The report reads, “On 06/08/2020, at 9:27 a.m., Officer Ramirez text to APD Officers, “I’ll buy someone a prime rib dinner at House of prim rib to 40 that mfr (Thorpe) during the protest today.” This is a reference to the potential use of a .40mm less lethal launcher being utilized on current Antioch Mayor Lamar Thorpe. The following APD Officers received the above listed text message: Sgt.’s Josh Evans, James Wisecarver, Rick Hoffman, Loren Bledsoe, and James Stenger; Detective Robert Gerber; APD Officers John Cox, Jonathan Adams, Kyle Smith, Jacob Ewart, Ryan McDonald, Joseph Magana, Eric Rombough, Daniel Harris, Casey Brogdon, Tom Lenderman, Aaron Hughes, Adrian Gonzalez, Matthew Nutt, Brock Marcotte, Scott Duggar, and Timothy Manly Williams.”

The report also includes text messages about specific cases. It reads, “At 6:28 p.m., APD Sgt. Wisecarver text, ‘Baldwin was the one providing the grades.’ APD Officer Aaron Hughes adds, ‘84% percentile for deadly force.’ APD Officer Inabnett responds, “But we kill more mexicans than anything else. Soo blacks can feel safe.” This is a reference to Malad Baldwin who was assaulted by the APD in 2014, and his mother, Kathryn Wade, later stated this incident led to him suffering from mental illness, and he later died.”

The report reads about another offensive text that “On 06/22/2020, at 9:04 a.m., APD Officer Rombough text a private citizen a photograph depicting a large naked African American male, with his penis exposed, sitting on the neck of George Floyd.”

The report also shows officers conspiring to write false information about a suspect. It reads, “On 07/02/2020, at approximately 9:55 a.m., APD Officer Rodriguez text APD Officer Prieto, ‘I don’t know if I can do the DRE (drug recognition evaluation) cuz he’s knocked out now. APD Officer Prieto responds, ‘No we’ll just say he refused to comply and take the blood. Sh-t aint going anywhere. If anything he’ll get hit for the 2800.4 (California Vehicle Code Section 2800.4 Evading an officer by driving opposite of traffic).’

At approximately 9:56 a.m., APD Officer Rodriguez responds, ‘Okay that’s cool then. What’s the case number again’. APD Officer Prieto responds, ‘5516’.”

The report also shows texts by officers of how they would destroy evidence on their phones if an investigation occurred. It reads, “On 01/13/2021, at 8:22 p.m., APD Officer Morteza Amiri sends information regarding an article where cellular telephones were seized from 100 Oakland Police Officers. At 8:26 p.m., Sgt. Hoffman text, ‘If anyone tries to grab my personal phone I’m gonna smash it Theresa Conde style.’ At 8:27 p.m., APD Officer Cox responded, ‘mines going on the nearest microwave.’ At 8:43 p.m., APD Sgt. Stenger responded, ‘And I never hooked my work phone to the icloud or an email.’”

An exchange racist texts on 03/25/2021, reads, ‘At 5:52 p.m., APD Rombough text, “Sooo many black people (sic).’ At 6:22 p.m., APD Officer Adams responds, ‘Bro. They all look the same.’ APD Officer Rombough laughs at the above comment and responds, ‘Tell me about it’ and ‘I feel like I’m at the zoo.’ At 6:39 p.m., APD Officer Rombough text, ‘I bet it’s chicken.’ APD Officer Adams responds, ‘Could be ribs.’ APD Officer Rombough continues, ‘For sure watermelon and kool aid.’ At 7:14 p.m., APD Officer Rombough to APD Officer Adams, ‘I hate these idiots.’”

DA’s Statement on the Release of Redacted Investigative Report

Thursday afternoon, DA’s Office PIO Ted Asregadoo issued the following statement about the release of the initial redacted report on the officers’ texts.

“The Contra Costa District Attorney’s Office is aware an investigative report detailing texts and images sent and received by certain members of the Antioch Police Department has been obtained and distributed beyond the parties of a criminal case.

The court ordered the release of the investigative report on April 7, 2023, to defense attorneys representing clients in a felony criminal case. The court also advised caution in the distribution of the contents of the report. The District Attorney’s Office agrees with the court advisory in the distribution and publication of this document as it contains explicit words and images that are hurtful, offensive, and inflammatory.

The DA’s Office has received multiple media requests for access to the 21-page investigative report concerning racial, homophobic, and derogatory text communications; a report that contained information that overlapped with a charged felony criminal case.

In light of those requests, and the recent distribution of the report, the District Attorney’s Office is releasing a redacted investigative report that balances 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 calls on DA to pause all criminal filings, prosecutions over Antioch cops’ racist texts

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Report released to defense on attorneys on Monday, Mercury News obtained, reported on it; DA’s office redacting report before releasing to other media

By Allen D. Payton

Following the release to defense attorneys on Monday, April 10, 2023, of the 21-page report of racist and offensive texts by Antioch Police Officers, which was obtained and reported on by the Mercury News on Tuesday, Contra Costa Public Defender Ellen McDonnell issued a statement calling on D.A. Diana Becton to pause all criminal filings and current prosecutions involving the department.

“I have reviewed these text messages, they are abhorrent and reprehensible. They reveal an entrenched culture of hatred, racism, homophobia, misogyny, and violence throughout the Antioch Police Department,” McDonnell wrote, “The racist, homophobic, and violent behavior of these officers will impact thousands and thousands of criminal cases including pending cases and past convictions related to the Antioch Police Department.  I have reached out to District Attorney Becton and asked that she immediately pause all criminal filings and current prosecutions involving the Antioch Police Department.  I have also requested that her office evaluate pending Antioch cases for immediate dismissal, and that they begin a comprehensive review of the many thousands of Antioch Police Department related convictions to determine which cases should be dismissed.”

“These racist text messages and the continued disclosures regarding the Antioch Police Department expose a pervasive and troubling culture which should undermine any reliance on the credibility of officers from the force,” she continued. “These text messages clearly constitute textbook violations of the California Racial Justice Act. Our office will initiate a widespread review of all cases involving the Antioch Police Department and will immediately begin seeking justice for those targeted by these officers.”

The unredacted text messages were released to the Times by attorneys for the defendants in the murder case currently being adjudicated in Contra Costa Superior Court, but not to other media. According to Contra Costa DA’s Office PIO Ted Asregadoo they will be released to the media once they’ve been redacted.

“Per Judge Clare Maier’s order on Friday, we did disclose the investigative reports in the Pugh, Windom, et al case. These are unredacted reports and they were delivered on Monday,” he wrote. “Judge Maeir’s order also specified that redacted reports could be released. We are in the process of redacting the information in the reports ordered by the judge and will notify the press when those reports are available and how to obtain them.”

DA’s Office charges Pittsburg man in murder of convenience store clerk

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Gregory Rossignon was charged with murder by the Contra Costa DA’s Office. Photo: Pittsburg PD

Following search in Antioch, arrest in Modesto

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

A Pittsburg man faces a four-count felony complaint related to the murder of a convenience store clerk on March 22nd. (See related articles here, here and here)

37-year-old Gregory Rossignon of Pittsburg has been charged by the Contra Costa District Attorney’s Office with the murder of 44-year-old Abdul Raouf. Rossignon also faces a charge of discharging a firearm with gross negligence, dissuading a witness by force or threats, and possession of a firearm with prior felony convictions. The murder charge comes with an enhancement for the intentional discharge of a weapon that killed Mr. Raouf and special allegations related to Rossignon’s prior felony offenses.

The incident occurred around 9:40 pm at the E-Z Stop Convenience Food shop on Power Avenue in Pittsburg. An argument between Rossignon’s girlfriend and another employee at the shop occurred. A short time after the disagreement between the clerk and Rossignon’s girlfriend, Rossignon entered the store and shot Raouf – who was not involved in the argument. He died at the scene. Police located and arrested Rossignon in Modesto on April 5th and booked him into the Martinez Detention Facility. His arraignment is set for April 10th in Martinez at 1:30 pm.

The Contra Costa District Attorney’s Office thanks the law enforcement and investigative work of the Pittsburg Police Department in this case.

Case No. 04-23-00555 | The People of the State of California vs. Rossignon, Gregory

Judge rules Antioch Police officers’ racist texts will be disclosed to defense in felony court case

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“contain unambiguously and historically racist speech directed toward the suspects the officers were investigating.” – DA Diana Becton

By Allen D. Payton

Following a Friday, April 7th ruling by Contra Costa Superior Court Judge Clare M. Maier during a felony court case involving Antioch Police officers, racist texts exchanged by the officers and directed toward the suspects will be disclosed to the defense, District Attorney Diana Becton announced. Several Antioch officers are currently on paid leave and under investigation for alleged racist and other offensive texts, in addition to the remaining seven out of eight officers that have been under investigation by the FBI and DA’s Office since March 2022. One Antioch officer resigned, recently. (See related articles here and here)

According to Contra Costa DA’s Office PIO Ted Asregadoo, Judge Maier “oversaw the court procedure to balance the integrity of the Antioch Police Department and Pittsburg Police Department criminal investigation with the constitutional requirement of the disclosure of exculpatory information (i.e., info that is beneficial to a defendant) in criminally charged cases.”

Judge David E. Goldstein is the presiding judge in the felony case against Terryonn Pugh, 20; Eric Windom, 21; Keyshawn McGee, 22, Trent Allen, 20, et al, #01oo1976380.

Statement By DA Diana Becton on Disclosure of Racist Texts in Felony Case

“Today, Contra Costa Superior Court Judge Clare Maier ruled on the disclosure of information that centers on racist text messages exchanged by Antioch Police officers.

For over a year, the FBI and the Contra Costa District Attorney’s Office have engaged in a joint federal and state criminal investigation of sworn law enforcement officers from the Antioch Police Department and Pittsburg Police Department. The broad range of offenses under investigation involve crimes of moral turpitude.

Due to the sensitivity and scope of the investigation, a court procedure was established to balance the integrity of the criminal investigation with the disclosure of exculpatory information (i.e., evidence that is beneficial to a defendant).

In accordance with legal precedent, the Contra Costa District Attorney’s Office has been scrupulous in maintaining the balance as the court constructed.

Recently, additional information has come to light in which police misconduct directly overlaps and impacts a charged felony case.

The joint investigation with the FBI has revealed that Antioch Police officers exchanged text messages which contain unambiguously and historically racist speech directed toward the suspects the officers were investigating.

The racial animus expressed by officers in the recovered text messages trigger additional statutory concerns under the Racial Justice Act.

In seeking further direction from the court, the DA’s Office and the defense appeared in front of Judge Maier on April 4th to present information detailing the overlap of the officers’ misconduct and a charged felony case.

In her ruling today, Judge Maier said that the offensive texts in the two investigative reports shall be disclosed to the defense in the charged felony case. She added, the reports will be redacted to shield cell phone numbers and urged caution in the distribution of the language and images contained in the texts as they can spark more hatred toward Blacks and Latinos.

The integrity of the joint investigation and legal requirements for the disclosure of exculpatory evidence is of paramount importance to the District Attorney’s Office. Our office will continue to work tirelessly to ensure public trust and public safety for the residents of Contra Costa County.

Diana Becton

District Attorney, Contra Costa County”

Second suspect arrested in June 2022 Walnut Creek Macy’s smash-and-grab case

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Suspect Gerald Dial of Vallejo was arrested on March 23, 2023 in the June 2022 smash and grab theft at Macy’s in Walnut Creek. WCPC video screenshot

By Lt. Holley Connors, Walnut Creek Police Department

A 19-year-old Vallejo man is in custody following his arrest in connection with the June 18 robbery at the Macy’s in Walnut Creek’s Broadway Plaza. Walnut Creek Police identified Jammoni Simon as one of the suspects in the robbery. Patrol and Investigations worked together to identify the suspect and a warrant was subsequently authored for his arrest. Simon was taken into custody by the Contra Costa County Sheriff’s office on July 5, 2022. During his arrest, Simon was found to be in possession of a loaded firearm.

Walnut Creek Police Chief Jamie Knox said the arrest is a signal to others involved in that crime and to the public. “Walnut Creek Police Department puts the public safety of those who live, work, or visit here at the highest priority,” Knox said. “We will continue to actively pursue this case; Walnut Creek is not an open target for criminals.”

The case was presented to the District Attorney’s Office on July 8th and Simon remains in custody on the following charges:

PC 211, Robbery

PC 459, Burglary

PC 25850(a)(c)(6), Possession of a Loaded Firearm

Detectives continued to develop leads and determined Gerald Dial, a 20-year-old male from Vallejo, was involved and presented this case for review to the Contra Costa District Attorney’s Office. On February 28th, 2023, the Contra Costa District Attorney’s Office filed the following felony charges against Dial:

PC 211 Robbery

PC 459 Burglary

PC 487 Grand Theft

On March 23rd, 2023, WCPD Detectives located and arrested Dial on a warrant at the San Francisco Airport. Dial was booked into the Martinez Detention Facility. Dial is no longer in custody, as he posted bail.

Walnut Creek Police would like to thank the Contra Costa County Sheriff’s Office for their assistance in locating and apprehending Simon.

The Department is still actively conducting this investigation. If you have any information related to this case, please contact the Walnut Creek Police at 925-943-5844 or call our anonymous tip line at 925- 843-5865.

Pittsburg woman pleads guilty to major financial crime scheme at Filipino food business

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Embezzled almost $1.4 million, paid $410K in restitution

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

A former employee of Ramar Foods International in Pittsburg has pleaded guilty at her arraignment on March 30th to felony grand theft embezzlement, identity theft, money laundering, and tax evasion. The Contra Costa District Attorney’s Office reached a negotiated disposition or plea agreement with 60-year-old Mary Antoinette Narvaez Hernandez of Pittsburg. Hernandez was the accounting manager at Ramar Foods International when she committed financial crimes between 2016 and 2021.

During that time, she embezzled a total of $1,399,342.84 from the company and failed to pay $97,568 in taxes to the State of California.

District Attorney Diana Becton noted that, “Financial crimes are often complicated. That’s why our Major Financial Crimes Unit has forensic accountants who can investigate complex illegal schemes and why we have attorneys with expert knowledge of white-collar crime. The goal is always to get justice for victims. A plea agreement like this one is an effective way for the victims to receive financial restitution from what was stolen from them — and for the state to recover tax revenue that was unlawfully evaded by the defendant.”

Hernandez has already paid restitution to the victims in the amount of $410,198.90, has cooperated with Pittsburg Police, and has accepted responsibility in the matter. At the arraignment, one of the victims, the President of Ramar Foods Susie Quesada spoke in court saying Hernandez “had many friends in our company who also trusted her and helped her. It is with deep regret now that we look upon the years of working with Mary Anna tainted with lies and deception.” Ms. Quesada concluded: “It is for our employees, who like our family, were betrayed by her deception and thievery, that we applaud the myriad law enforcement professionals and this court for bringing her to justice.”

Part of the agreement includes a stay away order from Ramar Foods International, that she pays restitution, taxes owed, cannot possess firearms, arming devices, or ammunition, and must pay for the cost of the investigation and prosecution. She was sentenced to a seven-year suspended state prison sentence, three years formal probation supervision, with one year in the county jail.

She can apply to serve jail time through the Contra Costa County Sherriff’s Custody Alternative Facility. Her probation supervision includes strict terms and conditions calculated to protect the community against further financial crimes by Ms. Hernandez. A violation of any of these terms or conditions will impose the suspended seven-year prison sentence.

Case No. 04-23-00316 | The People of the State of California v. Hernandez, Mary Antoinette Narvaez