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Four Martinez cops placed on leave, suspect dead following shooting at cannabis dispensary

August 19, 2023 By Publisher 1 Comment

During early Friday morning response; assault on officer reported

By Martinez Police Department

On August 18, 2023, around 3:27 a.m., the Martinez Police Department received a report of a video alarm at Velvet, a cannabis dispensary, located at 4808 Sunrise Drive. While enroute, officers were advised of multiple subjects at the business along with two vehicles.

Officers arrived on scene around 3:32 a.m. and one of the vehicles, described as a white SUV, fled the scene. Officers broadcast that shots were fired and there was an assault on an officer. The second vehicle attempted to flee and then crashed into a fire hydrant. The two occupants of the vehicle were transported to the hospital.

Additional law enforcement agencies responded to secure the scene. The Martinez Police Department initiated an investigation with the Contra Costa County District Attorney’s Office in accordance with the countywide protocol for officer-involved shootings. One officer is receiving treatment at the hospital for what is believed to be a minor injury.

Based on the investigation, it is believed that four Martinez police officers discharged their firearms in this incident. The four officers have been placed on administrative leave as per department policy.

One of the civilians in the incident who was transported to the hospital is deceased. In accordance with Assembly Bill 1506 (https://oag.ca.gov/ois-incidents), the Martinez Police Department notified the California Department of Justice (DOJ). The CADOJ is leading the investigation and will independently review the officer-involved shooting.

The investigating agencies have responded with extensive resources to determine exactly what took place. The area where the incident occurred remained closed while crime scene investigators collect evidence. The officers involved were wearing body-worn cameras and footage is being reviewed as part of the investigation.

The investigation is in its early stages and ongoing. Our understanding of the incident may change as more individuals are interviewed and evidence is collected and analyzed.

If you have information regarding this incident, please contact Investigations at 925-372-3450.

 

 

Filed Under: Business, Central County, Crime, DOJ, News, Police

9 Antioch, Pittsburg officers charged with civil rights violations, steroid distribution, wire fraud, destroying evidence

August 18, 2023 By Publisher Leave a Comment

Antioch and Pittsburg police officers indicted and arrested on Thursday, Aug. 17, 2023. Current and former Antioch officers arrested on Thursday, August 17, 2023, are (top L-R) Community Service Officer Samantha Genoveva Peterson, Officers Morteza Amiri and Eric Allen Rombough. (center L-R) former officers Devon Christopher Wenger, Timothy Allen Manly Williams and Daniel James Harris. Photos: APD (bottom L-R) Former Pittsburg officers Amanda Carmella Theodosy (aka Nash), Ernesto Juan Mejia-Orozco and Patrick James Berhan. Photos: Pittsburg PD (No photo of Oakland Housing Authority officer Brauli Rodriguez Jalapa could be located).

Press conference held on arrests, indictments of 3 current, 3 former APD officers, 3 former PPD officers and 1 Oakland Housing Authority officer

Three Antioch officers charged with civil rights crimes for their alleged conspiracy to use unnecessary force in deploying munitions and a police K-9

“This is a complicated investigation. These always are.” – U.S. Attorney Ismail Ramsey – “Every defendant is assumed innocent until proven guilty in a court of law. No defendant is charged with all the charges in all the conduct.”

By Allen D. Payton

U.S. Attorney for the Northern California District Ismail Ramsey in his first press conference in San Francisco and Special Agent in Charge of the FBI San Francisco Division Robert Tripp, shared information about the 10 current and former Antioch and Pittsburg Police officers who were arrested this morning on multiple charges. It follows the four indictments issued by the federal Grand Jury, yesterday and which were unsealed, today.

Joining Ramsey and Tripp at the press conference were Contra Chief Assistant District Attorney Simon O’Connell and several members of the prosecution team, Laura Vartain, Chief of the U.S. Department of Justice Northern California Special Prosecution Unit including Alethea Sargent, Assistant U.S. Attorney, Criminal Division, Eric Cheng Assistant U.S. Attorney, Special Prosecutions, and Assistant U.S. Attorney Ajay Krishnamurthy.

Indicted and arrested are current Antioch officers Morteza Amiri, Eric Allen Rombough and Community Service Officer Samantha Genoveva Peterson, former APD officers Daniel James Harris, Devon Christopher Wenger and Timothy Allen Manly Williams, as well as former Pittsburg officers Amanda Carmella Theodosy (aka Nash), Patrick James Berhan and Ernesto Juan Mejia-Orozco, and Oakland Housing Authority officer Brauli Rodriguez Jalapa.

After a year-and-a-half investigation by the FBI and Contra Costa DA’s Office for what were referred to as “crimes of moral turpitude”, committed by the current and former officers were finally described. Ramsey said they include conspiracy to violate civil rights, conspiracy to commit wire fraud, distributing anabolic steroids, obstruction and civil rights violations.

U.S. Attorney for Northern California Ismail Ramsey holds a press conference with and Special Agent in Charge of the FBI San Francisco Division Robert Tripp, (2nd from left), Assistant U.S. Attorney, Special Prosecutions Eric Cheng, Contra Chief Assistant District Attorney Simon O’Connell and Assistant U.S. Attorney Ajay Krishnamurthy. Screenshot of NBC Bay Area News video.

“Every defendant is assumed innocent until proven guilty beyond a reasonable doubt in a court of law. No defendant is charged with all the charges in all the conduct,” he stated.

Ramsey then described the four indictments against the officers.

The first he labeled the “college degree benefits fraud indictment” in which “officers sought to defraud the Antioch and Pittsburg Police Departments. They hired people to attend classes and take exams for them. They conspired…to reap the financial benefits without putting in the work.”

“Two defendants are charged with distributing anabolic steroids,” Ramsey continued. “One of the two defendants destroyed evidence. Those are former Antioch officers Daniel Harris and Devon Wenger.

“One defendant is charged with obstruction indictment,” he continued. “A police officer destroyed, altered evidence to obstruct a federal investigation…monitored a wiretap. He used his own personal phone to call a defendant in the wiretap.” That refers to former Antioch officer Timothy Allen Manly Williams.

Ramsey said he is “Also charged with a civil rights violation in confiscating a citizen’s phone and destroying it to conceal evidence.”

The fourth he referred to as the “deprivations of rights indictment…a 29-page indictment of three officers in the Antioch Police Department.” They include the “improper deployment of canines and weapons to harm individuals in and around Antioch. They boasted about illegal use of force and texted photos of injured individuals,” Ramsey said. That indictment includes current officers Morteza Amiri, Eric Allen Rombough and Wenger.

He referred to them as “a group of officers who acted is if they were above the law. They tried to escape scrutiny by failing to submit truthful reports and deploy body warn cameras.”

Asked later about that claim since Antioch officers didn’t have body worn cameras during the time period of their alleged crimes, DOJ Nor Cal spokesman Abraham Simmons responded, “I am certain he is referencing the allegations actually in the indictments. I can look again at the indictments.”

“Officers take an oath,” Ramsey continued during the press conference. “The indictments paint a picture, today that demonstrate officers who have violated that oath.

“All officers indicted have been arrested,” he added and thanked those involved including CCDA Becton.

FBI Special Agent in Charge Tripp said, they “arrested nine subjects. All are or were associated with the Pittsburg or Antioch Police Departments. Three were current employees who had been placed on administrative leave.”

The arrests were made in “the Bay Area, Hawaii and Texas” and “more than 100 law enforcement employees participated,” he stated.

Tripp said it was the result of “more than two years of painstaking work.”

“The FBI treated these arrests like any other operation,” he said. “We used the same techniques and assessed the risks.

“This case has been the SF Field Office’s top priority,” Tripp continued. “We use the term color of law for the shorthand of someone using their official position to undermine public confidence in the law and undermine the fundamental rights of our citizens.”

“Color of law violations will not be tolerated. Not all indictments are color of law violations. Any breach of the public trust is unacceptable. Nobody is above the law,” he stated.

In response to a question from a member of the media “will more indictments be coming down,” Ramsey said, “The investigation is still continuing,” Ramsey said.

Asked “can we expect any state charges?” he said. “We’re here to comment on our charges. The investigation on the federal side is continuing. We are now at the point where we have indictments returned and individuals in custody.”

Asked where the court cases will be held Ramsey said, “This case is venued in Oakland. There have been numerous hearings today. The schedule for additional appearances is being worked out.”

Asked about those arrested in Texas and Hawaii Ramsey said, “The arraignments for those will happen in the districts where they were arrested. They then have to…be brought to here, to address the charges on this case.”

“Civil rights violations under the color of law are a priority…of my office and the FBI’s,” he stated

Asked about the text messages he responded, “As laid out in the indictment there’s a series of text messages…in which officers are bragging about violating citizens’ civil rights and texting photos of citizens. We believe these are egregious and has led to these charges. This is a complicated investigation. These always are. We have four of the ASA’s who worked tirelessly on this case. They’re prepared to take steps necessary to prosecute.”

“Civil rights violations are a unique priority of ours. I don’t want you to think steroid distribution or wire fraud are not serious. They’re federal violations,” Ramsey added.

Press Release Offers Additional Details in Indictments

A press release labeled “Bad Apples Indictment” was issued later Thursday with additional details about the indictments:

At the press conference, U.S. Attorney Ramsey referred to the first indictment as the “college degree benefits fraud indictment.” According to the indictment, six defendants engaged in a conspiracy to defraud police departments out of taxpayer dollars, including the Antioch and Pittsburg Police Departments, by claiming they had earned college credits toward degrees when, instead, they paid others to attend classes and take exams for them. Specifically, beginning in June of 2019, Officer Patrick James Berhan of the Pittsburg Police Department utilized a person identified as “Individual 1” to complete multiple college courses on his behalf.  The courses were credited toward Berhan’s completion of a Bachelor of Science degree in Criminal Justice. Berhan allegedly received a degree and then applied for and received reimbursements and increases to his pay from Pittsburg Police Department.  Further, the indictment alleges Berhan “promoted Individual 1’s services” and “benefited from payments received by Individual 1 in furtherance of the scheme.”  The indictment describes how five other members of the police departments retained Individual 1 to complete similar coursework from the university.  Each paid money to Individual 1, obtained a degree based on the fraudulent coursework, and applied for benefits including reimbursements and increases in pay from their law enforcement employer.

The second indictment charges two defendants with conspiring to distribute anabolic steroids.  The indictment describes how Officers Daniel Harris and Devon Wenger, both of the Antioch Police Department, allegedly conspired illegally to distribute the drugs to an unnamed customer.  The indictment also alleges that Harris possessed and attempted to possess the drugs, and that Wenger attempted to delete evidence of the scheme from his cellular phone prior to handing the phone over to law enforcement officers.

The third indictment charges a single defendant, Timothy Allen Manly Williams (Manly), also then with the Antioch Police Department, with three charges—two involving alleged interference with a wiretap investigation and the third involving the illegal seizure and destruction of a telephone.  The indictment alleges that on March 23, 2021, Manly was assigned to a “wire room” where, pursuant to a court order, he was supposed to monitor communications between a target and others who contacted the target by telephone.  While monitoring the target, Manly allegedly used his personal cellphone, dialed a special code to ensure his number would not appear to others, and called a target of the investigation.  After dialing the number, Manly also designated his call to the target to be “non-pertinent” ensuring the 14-second conversation would not be recorded.  Manly also allegedly made entries on the wire logs to suggest that the call he made resulted in no answer and no audio.  The indictment further alleges that on May 6, 2021, Manly was on the scene when another officer deployed a police dog when arresting a person. Upon seeing a witness using a cellular telephone to record the aftermath of the incident, Manly allegedly seized the witness’s telephone and destroyed it.

The fourth indictment charges three Antioch police officers—Morteza Amiri, Eric Rombough, and Devon Wenger—with conspiracy against rights and deprivation of rights under color of law.  The 29-page indictment describes how the defendants allegedly communicated with each other and others about using and intending to use excessive force against individuals in and around Antioch.  The uses of excessive force included deployment of a K9, deployment of a 40mm “less lethal” launcher, and other unnecessary violence.  Further, the indictment alleges that the defendants deployed uses of force as “punishment” to subjects “beyond any punishment appropriately imposed by the criminal justice system,” and allegedly made repeated reference to or suggestion of violating the civil rights of their victims.  Examples in the indictment include the following:

  • On July 24, 2019, Amiri allegedly pulled over a bicyclist, identified as A.A., for failing to have lights on after dark. The indictment alleges that “[i]n the course of apprehending A.A., Amiri punched him multiple times; K9 Purcy then bit A.A. in the arm, injuring him.”  Amiri then shared pictures of the victim’s wounds with other Antioch police officers who exchanged text messages including: “Yeah buddy good boy pursy,” “F[expletive] that turd,” and Amiri later stated “Detectives already called PRCS and got him a 45 day violation and we are gonna leave it at that so i don’t have to go to court for the bite. easy.”  In response to a question from another officer about what cut the dog’s face, Amiri responded, “that’s a piece of the suspect’s flesh lol.”
  • On October 8, 2020, Amiri allegedly sent a text message identifying a transient living in Antioch identified as M.Z. stating “anyone that finds him gets code [a free meal or beverage]. This f[expletive] stole my mail and was trying to open accounts under my name.” Wenger responded “Lets beat his f[expletive] ass I’m down after work morty” According to the indictment, the recipients of Amiri’s message located M.Z. later that evening. Amiri then arrived on the scene, shoved M.Z. against a wall and threatened to kill him. The indictment also alleges that a few months later Amiri texted another group of officers in reference to M.Z., “few months ago, I tracked him down and dragged him to the back of a car to ‘discuss’ the matter,” and “putting a pistol in someone’s mouth and telling them to stop stealing isn’t illegal. . .  it’s an act of public service to prevent further victims of crimes”
  • On May 5, 2021, Rombough accompanied other Antioch police officers who responded to a report that transients were living inside a privately-owned unit. While responding, Rombough and another officer located a couple lying on a bed inside a room.  Rombough deployed a 40mm less lethal launcher at one of the persons on the bed, hitting them in the chest and knocking them off the bed.
  • On August 24, 2021, Rombough accompanied other Antioch police officers as they executed a search warrant at a residence in Antioch. Officers located a subject—identified as J.W.—inside a locked bedroom holding a video game controller while sitting on an air mattress, with a video game on a television screen.  W. removed a pair of headphones and raised his hands as officers, including Rombough, entered the room.  One officer took J.W.’s left arm to arrest him as four other officers surrounded J.W.  As the other officer held J.W.’s left arm on the bed, Rombough deployed the 40mm less lethal launcher at J.W., injuring him.

The indictment describes several other incidents of excessive force as well as the collection and sharing of pictures to memorialize acts of violence and the collection by defendant Rombough of spent munitions to commemorate his deployment of the 40mm launcher.

An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt.

The indictments charge the following defendants with crimes as follows:

U.S. Attorney for Northern California Ismail Ramsey holds a press conference with and Special Agent in Charge of the FBI San Francisco Division Robert Tripp, (2nd from left), Assistant U.S. Attorney, Special Prosecutions Eric Cheng, Contra Chief Assistant District Attorney Simon O’Connell and Assistant U.S. Attorney Ajay Krishnamurthy. Screenshot of NBC Bay Area News video.

In addition, as part of any sentence following conviction, the court may order defendants to serve an additional term of supervised release to begin after a prison term as well as additional fines, and restitution, if appropriate.  Any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

The case is being prosecuted by the Special Prosecutions Section and Oakland Branch of the United States Attorney’s Office. The prosecution is the result of an investigation by the FBI and the Office of the District Attorney of Contra Costa County.

Further Information:

Case #s:

23 CR 264 JSW – 23-cr-00264 JSW 08162023 indictment

DEFENDANT(S)

PATRICK JAMES BERHAN,

MORTEZA AMIRI,

AMANDA CARMELLA THEODOSY,

a/k/a AMANDA CARMELLA NASH,

SAMANTHA GENOVEVA PETERSON,

ERNESTO JUAN MEJIA-OROZCO, and

BRAULI RODRIGUEZ JALAPA

INDICTMENT

18 U.S.C. § 1349 – Conspiracy to Commit Wire Fraud (one count)

18 U.S.C. § 1343 – Wire Fraud (six counts)

18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c) – Forfeiture Allegation

23 CR 267 YGR – 23-cr-00267 YGR 08162023 indictment

DEFENDANT(S)

TIMOTHY ALLEN MANLY WILLIAMS

INDICTMENT

18 U.S.C. § 1519 – Destruction, Alteration, and Falsification of Records in Federal Investigations;

18 U.S.C. § 1512(c)(2) – Obstruction of Official Proceedings;

18 U.S.C. § 242 – Deprivation of Rights Under Color of Law

23 CR 268 HSG – 23-cr-00268 HSG 08162023 indictment

DEFENDANT(S)

DANIEL JAMES HARRIS and

DEVON CHRISTOPHER WENGER

INDICTMENT

21 U.S.C. §§ 846, 841(a)(1), and (b)(1)(E)(i) – Conspiracy to Distribute and Possess with Intent to Distribute Anabolic Steroids;

21 U.S.C. §§ 846, 841(a)(1), and (b)(1)(E)(i) – Attempted Possession with Intent to Distribute Anabolic Steroids;

21 U.S.C. §§ 841(a)(1) and (b)(1)(E)(i) – Possession with Intent to Distribute Anabolic Steroids;

18 U.S.C. § 1519 – Destruction, Alteration, and Falsification of Records in Federal Investigations

21 U.S.C. § 853 – Forfeiture Allegation

23 CR 269 AMO – 23-cr-00269 AMO 08162023 indictment

DEFENDANT(S)

MORTEZA AMIRI,

ERIC ALLEN ROMBOUGH, and

DEVON CHRISTOPHER WENGER

INDICTMENT

18 U.S.C. § 241 – Conspiracy Against Rights (one count)

18 U.S.C. § 242 – Deprivation of Rights Under Color of Law (seven counts)

18 U.S.C. § 1519 – Destruction, Alteration, and Falsification of Records in Federal Investigations (one count)

A copy of this press release will be placed on the U.S. Attorney’s Office’s website at www.usdoj.gov/usao/can.

Electronic court filings and further procedural and docket information are available at https://ecf.cand.uscourts.gov/cgi-bin/login.pl.

Judges’ calendars with schedules for upcoming court hearings can be viewed on the court’s website at www.cand.uscourts.gov.

“Police officers promise to enforce laws for the protection of the public and to protect the rights of the accused,” said U.S. Attorney Ramsey. “That is the job.  The indictments describe officers who are alleged to have violated this oath. When this happens, the damage done to the public trust cannot easily be calculated.  This office will not rest until all persons who have engaged in this sort of behavior are apprehended and prosecuted.”

“This case is one of the highest priorities for the San Francisco Field Office,” said FBI Special Agent in Charge Tripp. “Law enforcement officers bear a tremendous responsibility to police our communities lawfully in keeping with the constitution, and we must always be true to that guiding principle. I want to extend my sincere appreciation to the FBI agents, analysts, and law enforcement partners who worked tirelessly on this case and whose efforts culminated in the operations today.”

 

Filed Under: Crime, District Attorney, DOJ, East County, FBI, News, Police, U S Attorney

Report: FBI arrests Pittsburg, Antioch cops under investigation in Thursday morning raids

August 17, 2023 By Publisher 2 Comments

For possible “crimes of moral turpitude” following federal grand jury indictment; task force set up in parking lot of John Muir Health in Brentwood

By Allen D. Payton According to an exclusive report by the Mercury News, the Antioch and Pittsburg police officers were arrested by the FBI during raids, Thursday morning, August, 17, 2023. The officers have been under investigation by both the FBI and Contra Costa DA’s Office since early 2022. That followed an indictment issued by the Federal Grand Jury in San Francisco on Wednesday. The details of the indictment have yet to be revealed but are expected to during a press conference scheduled for 3:30 p.m. today.

FBI task force drew a map of homes in the John Muir Health – Brentwood parking lot in preparation for their raids on Thursday, Aug. 17, 2023. Photo source chose to remain anonymous

Task Force Set Up at John Muir Health in Brentwood

According to a source who chose to remain anonymous, the FBI task force set up in the parking lot of John Muir Health’s Brentwood Outpatient Center on Balfour Road near Highway 4. There were about 20 cars carrying agents, two riot vehicles, and a Life Flight helicopter on stand-by the source shared. As previously reported, the investigation was for alleged “crimes of moral turpitude” defined as “conduct that shocks the public conscience or, which does not fall within the moral standards held by the community.” The names of the officers and details of their alleged crimes were inadvertently revealed in a report issued by the DA’s Office, earlier this year, that was not properly redacted. The officers are being investigated “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.” The names of the officers under investigation by the FBI and DA revealed in the improperly redacted report were included in the following information: “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; (now former) 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.” Which officers were arrested Thursday morning has not yet been confirmed. The Antioch officers have been on paid administrative leave since the beginning of the investigation. Antioch Police Officers Association Issues Statement The Antioch Police Officers APOA issued a brief statement posted on their Facebook page Thursday morning. It reads, “The APOA has learned that several of our current and former members have been indicted by the FBI at the culmination of their investigation into members of the Antioch and Pittsburg Police Departments. We are saddened to learn of what has happened and look forward to the legal process playing itself out. We are committed to still providing quality service to the citizens of Antioch and also providing support for our members who are still working through this difficult time. APOA Media Team” Mayor Thorpe Says It’s “A Dark Day” In a post on his campaign website, Antioch Mayor Lamar Thorpe issued the following statement about the matter: “Today is a dark day in our city’s history, as people trusted to uphold the law, allegedly breached that trust and were arrested by the FBI. As our city absorbs this tragic news, we must come together as one. Today’s actions are the beginning of the end of a long and arduous process. To those that have accused me and others of being anti-police for seeking to reform the Antioch Police Department, today’s arrests are demonstrative of the issues that have plagued the Antioch Police Department for decades. Seeking to reform the Antioch Police Department is not anti-police, it is pro our residents, and pro officers that have served and continue to serve with honor.’ -Office of the Mayor”

Efforts to reach APOA’s attorney, Mike Rains, for comment were unsuccessful prior to publication time. Please check back later for any updates to this report.

Filed Under: Crime, DOJ, East County, FBI, News, Police

Robbery crew’s luck runs out, charged with $1.1 million St. Patrick’s Day heist of San Ramon jewelry store

August 3, 2023 By Publisher Leave a Comment

Security camera video screenshot of the San Ramon jewelry store robbery on March 17, 2023. Source: KTVU FOX2

Rolex with GPS chip helped police arrest, charge suspects, four with history of arrests

The Office of the United States Attorney has charged five defendants—Sunia Mafileo Faavesi, Ryan Kentrell Montgomery, Paul Christopher Tonga, John Ioane Tupou, and Kyle Vehikite—with conspiracy to commit robbery affecting interstate commerce for their roles in the St. Patrick’s Day March 17, 2023, robbery of Heller Jewelers in San Ramon, Calif., announced United States Attorney Ismail J. Ramsey and Bureau of Alcohol Tobacco, Firearms, and Explosives Special Agent in Charge Jennifer Cicolani. All the defendants except Tupou made their initial federal court appearance on July 27 before U.S. Magistrate Judge Alex G. Tse to face the charges. Tupou remains at large.

According to a federal criminal complaint, filed July 21, 2023, and unsealed at the initial appearance, Faavesi, 30, Montgomery, 35, Tonga, 33, Tupou, 30, and Vehikite, 34, planned and executed the armed heist, which involved at least eleven individuals, some armed, taking approximately $1.1 million in stolen watches and jewelry from the family-owned San Ramon jewelry store. The complaint alleges that while some of the participants were inside the store or immediately outside it during the armed robbery, others acted as lookouts and get-away drivers of at least four waiting vehicles. The robbery took place at a bustling mall in San Ramon in the middle of the afternoon and resulted in multiple bystanders, including children, fleeing the masked and armed robbers.

The complaint affidavit provides details regarding how the defendants originally cased the location a week prior to the robbery and then returned on March 17, 2023, with co-conspirators to execute the robbery. The complaint alleges investigators were able to identify one of the defendants by evaluating GPS information emitted from a stolen Rolex watch. Law enforcement investigators thereafter conducted a covert investigation that ultimately enabled them to identify each of the five defendants and to piece together the movements of the defendants on the day of the robbery.

Faavesi, Montgomery, Tonga, and Vehikite all were arrested on July 26, 2023. The government has filed a motion asking that they be detained pretrial. Defendants’ next scheduled appearances are on August 1, 2023, and August 4, 2023, for their respective detention hearings.

A complaint merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted, the defendants each face a maximum sentence of 20 years, and a fine of $250,000. As part of any sentence, the court also may order defendants to pay restitution, if appropriate, and to serve an additional period of supervised release to begin after a prison term. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

Assistant U.S. Attorney Alethea M. Sargent is prosecuting the case with the assistance of Kay Konopaske. The prosecution is the result of an investigation by the San Ramon Police Department and the ATF, with assistance from the Drug Enforcement Administration, the IRS, and Bureau of Customs and Border Protection.

According to localcrimenews.com, Faavesi has a history of arrests dating back to 2016, four times for burglary and once for robbery by multiple agencies. Tonga of San Mateo also has an arrest record dating to 2015 including for multiple DUI’s and receiving stolen property – motor vehicle. Topou of Oakland has a history of arrests also dating to 2015 including for burglary, robbery, battery with serious bodily injury and gun charges. Vehikite of San Ramon has at least two previous arrests in 2021 including for drug and ammunition charges.

Allen D. Payton contributed to this report.

Filed Under: Crime, DOJ, News, Police, San Ramon Valley, U S Attorney

Permanent injunction imposed against online education company for alleged violations of children’s privacy law

June 28, 2023 By Publisher Leave a Comment

Edmodo, LLC allegedly collected names, email addresses, phone numbers, device information, and IP addresses of approximately 36 million children under 13 for advertising purposes until approximately September 2022 and “retaining this personal information indefinitely”

The Department of Justice, together with the Federal Trade Commission (FTC), today announced that Edmodo, LLC (Edmodo) has agreed to a permanent injunction and a $6 million civil penalty in connection with its online educational platform, as part of a settlement to resolve alleged violations of the Children’s Online Privacy Protection Act (COPPA), the Children’s Online Privacy Protection Rule (COPPA Rule), and the Federal Trade Commission Act. The civil penalty is suspended due to Edmodo’s inability to pay.

The Edmodo educational platform, sold to schools throughout the United States, enabled teachers to interface with students, including children under 13 years old, to host virtual class spaces, conduct discussions, share materials, make assignments, and provide quizzes and grades, among other things. In a complaint filed in the U.S. District Court for the Northern District of California, the government alleges that, until approximately September 2022, Edmodo collected the personal information of children under 13, including their names, email addresses, phone numbers, device information, and IP addresses. Edmodo allegedly collected such information without providing notice to the children’s parents or obtaining parental authorization to collect such personal information, as required by the COPPA Rule, and used this personal information to enable third parties to display targeted advertising to student users between 2018 and September 2022.

According to a May 2023 article by Human Rights Watch, “Edmodo was a website and app widely used by children in kindergarten, elementary, and middle schools across the US until September 2022, when the company pivoted to only selling its product to governments. The company benefited from explosive demand in 2020, reporting a 1,500 percent increase in users in the first five months of the pandemic as governments and schools rushed to connect children to online learning.

An investigation by Human Rights Watch in May 2022 found that Edmodo was designed with the capacity to surveil children and harvest their personal data for advertising. Our technical analysis found that Edmodo could not only invisibly tag children and identify their devices for the sole purpose of advertising to them, but also enabled other advertisers to do the same by embedding ad-specific third-party code on its platform. After multiple requests for comment, Edmodo told Human Rights Watch in July 2022 that it did ‘not share [its students’] personal data with any Edmodo business partners or third parties.’”

The complaint further asserts that Edmodo was retaining this personal information indefinitely. As of March 2020, Edmodo retained the personal information associated with approximately 36 million student accounts, of which only one million were actively using the platform. This indefinite retention violated COPPA’s requirement that an operator not retain personal information of children for longer than “reasonably necessary to fulfill the purpose for which [the information] was collected.”

The stipulated order, entered by the federal district court yesterday, enjoins Edmodo from collecting personal information from children in a manner that violates the COPPA Rule and prohibits Edmodo from retaining children’s personal information for longer than reasonably necessary to fulfill the purpose for which it was collected. The order also enjoins Edmodo from collecting more personal information than reasonably necessary for a child to participate in any activity offered on its service. It also requires Edmodo to destroy personal information improperly collected from children under age 13 and to comply with reporting, monitoring, and recordkeeping requirements. Edmodo is also subject to a civil penalty judgment of $6 million dollars, which is suspended due to Edmodo’s inability to pay.

“Children do not lose their privacy protections when they use the internet,” said U.S. Attorney Ismail J. Ramsey for the Northern District of California. “Congress and the FTC have established rules to govern websites and apps collecting and storing the personal information of children. The settlement being announced today demonstrates the Department of Justice’s resolve to enforce those rules. We will continue to work with our partners at the FTC to safeguard children’s online privacy.”

“The Justice Department takes seriously its mission to protect the online privacy rights of children and their parents. This order spells out clearly to all online providers that it is unacceptable to collect children’s personal information without their parents’ consent,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Department of Justice’s Civil Division. “The department is committed to protecting against unauthorized online collection and retention of information, especially from children.”

“This order makes clear that ed tech providers cannot outsource compliance responsibilities to schools, or force students to choose between their privacy and education,” said Director Samuel Levine of the FTC’s Bureau of Consumer Protection. “Other ed tech providers should carefully examine their practices to ensure they’re not compromising students’ privacy.”

This matter was handled by Assistant U.S. Attorney Vivian Wang for the Northern District of California, Senior Trial Attorney James T. Nelson and Assistant Director Lisa Hsiao of the Civil Division’s Consumer Protection Branch, and Gorana Neskovic and Peder Magee of the FTC.

For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at www.justice.gov/civil/consumer-protection-branch. For more information about the FTC, visit its website at www.FTC.gov.

Allen D. Payton contributed to this report.

Filed Under: Business, Children & Families, Crime, DOJ, Education, Legal, News, U S Attorney

CA attorney general announces four multi-billion dollar nationwide opioid settlements

June 9, 2023 By Publisher Leave a Comment

Today’s commitment by CVS, Walgreens, Teva, and Allergan is an important milestone in California’s efforts to address epidemic

OAKLAND – June 9, 2023 — California Attorney General Rob Bonta announced four multi-billion opioid settlements with pharmacies CVS and Walgreens and manufacturers Allergan and Teva are moving forward. The settlements are together worth up to $17.3 billion and address the companies’ role in the opioid crisis. The Walgreens and CVS deals are the first multistate settlements to hold chain retail pharmacies to answer for their role in the crisis. Today’s announcement is an important milestone in California’s efforts to address an epidemic that has destroyed communities and ripped apart families.

“We’ve made historic strides forward in our fight for justice and relief for Californians hurt by the opioid crisis,” said Attorney General Bonta. “Nothing can bring back the lives lost or erase the suffering caused by this crisis, but we are making sure those who caused it and profited from it are held to account for their greed and willful misconduct. These hard-fought and hard-won settlement funds will be critical in supporting victims and getting them the help they need to recover. I am proud of the work put in by my team and by our partners across the nation in making these wins possible.”

Opioid manufacturers Allergan and Teva have committed to move forward with settlements for up to $2.37 billion and $4.25 billion, respectively, to resolve allegations that, among other things, the companies deceptively marketed opioids by downplaying the risks of addiction and overstating their benefits. If the settlements are approved by the court, California may receive up to approximately $375 million from the Teva settlement and up to approximately $205 million from the Allergan settlement. The settlements with the opioid manufacturers also include strong injunctive relief that prohibits opioid-related marketing by Teva while Allergan is prohibited from selling opioids for the next 10 years.

Chain pharmacies CVS and Walgreens also committed to moving forward with national settlements worth up to $5 billion and $5.7 billion, respectively, to resolve claims that the companies ignored signs of prescription abuse and failed to prevent drug diversion. If approved by the court, California may receive up to approximately $470 million from the CVS settlement and up to $510 million from the Walgreens settlement. CVS and Walgreens have also agreed to injunctive relief that requires the pharmacies to monitor, report, and share data about suspicious activity related to opioid prescriptions. A final agreement with Walmart, worth up to $3.1 billion, is not being announced today; however, that settlement is expected to move forward in the coming weeks.

Since the first wave of the opioid epidemic hit the United States in 2000, it has taken hundreds of thousands of lives, torn families apart, and eroded the social fabric of communities. Its toll has continued to grow year after year. Data from the Centers for Disease Control and Prevention (CDC) indicate that in 2021, more than 80,000 people may have died of overdose deaths involving opioids in the U.S., and over 11,200 of those deaths took place in California.

The opioid manufacturers, distributors, and pharmacies who helped fuel the crisis through their unlawful practices and profited from it are at the center of Attorney General Bonta’s fight for justice and relief.  To date, the California Department of Justice has secured approximately $50 billion in nationwide settlements and expected settlements, including with opioid manufacturers Johnson & Johnson, Mallinckrodt, and Purdue Pharma L.P. and the Sackler family; distributors Cardinal Health, McKesson, and AmerisourceBergen; and consulting firm McKinsey & Company.

  • In March of 2022, Attorney General Bonta announced a $6 billion conditional settlement with Purdue Pharma and the Sackler family over their alleged deceptive and illegal marketing and sales practices, in an agreement that would also allow the family’s name to be removed from buildings, scholarships, and fellowships.
  • In February 2022, a bankruptcy court confirmed a plan that would allow an agreement between certain states, including California, and Mallinckrodt, the largest generic opioid manufacturer in the United States, to move forward. That settlement includes an expected $1.6 billion payment by the company to a trust that would benefit public and private opioid-related claimants.
  • In July 2021, Attorney General Bonta announced a $26 billion settlement, which was finalized in Spring 2022, with Johnson & Johnson, which manufactured and marketed opioids, and Cardinal Health, McKesson, and AmerisourceBergen, the nation’s three major pharmaceutical distributors. It was the second largest multistate agreement in U.S. history, and its terms bar Johnson & Johnson from being involved in selling or promoting opioids for a decade and require the distributors to monitor, report, and share data about suspicious activity related to opioid sales.
  • In February of 2021, the Attorney General announced a $573 million settlement with one of the world’s largest consulting firms, McKinsey & Company. The settlement resolves California’s investigation into the company’s role in advising opioid companies (including OxyContin maker Purdue Pharma) in the promotion and sale of their drugs.

These settlements are expected to bring in billions in funding for California communities, which will, among other things, be used to:

  • Increase support for substance-use disorder facilities and improve infrastructure for treatment.
  • Address the needs of communities of color and vulnerable populations, including those who are unhoused.
  • Strengthen availability of Naloxone (also known as NARCAN) or other FDA-approved overdose reversal drugs.
  • Double down on interventions for drug addiction in vulnerable youth and supporting those in the juvenile justice system with treatment options.
  • Improve training and resources for law enforcement and first responders regarding appropriate practices and precautions when dealing with fentanyl or other drugs, including with regard to addressing the needs of criminal justice-involved persons with opioid-use disorder and mental health issues.
  • Implement best practices for outreach, diversion, and deflection.
  • Support job creation programs to help connect those recovering from substance use disorders with gainful employment and pathways to financial stability.
  • Improve data-sharing and management systems to detect suspicious activity, including with regard to the prescription of controlled substances.

 

Filed Under: DOJ, Health, News, State of California

49 state attorneys general file lawsuit against telecom company over billions of illegal robocalls

May 23, 2023 By Publisher Leave a Comment

An estimated 577 million robocalls sent to California phone numbers on National Do Not Call Registry 

Including Social Security, Medicare and employment scams

SACRAMENTO – California Attorney General Rob Bonta today, as part of a bipartisan coalition of 49 attorneys general, announced a lawsuit against Arizona-based Avid Telecom for allegedly initiating and facilitating billions of unlawful robocalls in California and around the country. Those robocalls included Social Security Administration scams, Medicare scams, and employment scams; two robocall examples can be heard here and here. Today’s complaint is the result of efforts by the nationwide Anti-Robocall Litigation Task Force, which Attorney General Bonta helped launch last year and is charged with taking legal action against telecommunications companies that perpetuate robocall traffic.

“As the People’s Attorney, I’ve been laser focused on protecting consumers since taking office, and stopping unwanted robocalls is an important bipartisan and nationwide effort,” said Attorney General Bonta. “In addition to being a daily annoyance, robocalls can and do cause real financial damage. I’m taking Avid Telecom to court for delivering not hundreds, or thousands, or millions of robocalls — but billions of robocalls. Our coalition alleges that Avid Telecom has violated federal and state laws, and we are confident that we will prevail.”

From December 2018 to January 2023, Avid Telecom sent or attempted to transmit over 24.5 billion calls to consumers. More than 90% of those calls lasted under 15 seconds, strongly indicating that they were likely robocalls. Further, Avid Telecom sent or transmitted over 7.5 billion calls to telephone numbers on the National Do Not Call Registry, an estimated 577,879,156 of those calls were to telephone numbers in California. Registering for the National Do Not Call Registry allows consumers to legally opt out from receiving telemarketing calls, but robocallers regularly fail to respect such legal prohibitions.

In the multistate coalition’s complaint, among other misconduct, Attorney General Bonta alleges that Avid Telecom:

  • Violated the Telephone Consumer Protection Act, which prohibits any person from making a call using an automatic telephone-dialing system or an artificial or prerecorded voice to any cellular telephone;
  • Violated the Telemarketing Sales Rule, which prohibits abusive and deceptive acts or practices by “sellers” or “telemarketers”;
  • Violated the Truth in Caller ID Act, which prohibits the transmission of misleading or inaccurate caller-ID information;
  • Violated California’s Unfair Competition Law, which prohibits unlawful, unfair, or fraudulent business acts and practices, by transmitting a colossal number of illegal robocalls into California.

In filing today’s complaint, Attorney General Bonta joined the attorneys general of Alabama, Arizona, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming, and the District of Columbia.

A copy of the lawsuit can be found here.

 

Filed Under: Business, DOJ, Legal, News, State of California

Mortgage company president guilty on 100 felony counts in $7 million statewide fraud scheme

May 16, 2023 By Publisher Leave a Comment

Robert Sedlar of Grand View Financial LLC which operated in the counties of Contra Costa, San Diego, San Mateo, Alameda, San Joaquin, Placer, Solano, Mendocino, San Francisco, El Dorado, and Sacramento. 

OAKLAND —  California Attorney General Rob Bonta announced Friday, May 12 the former president of a purported mortgage “investment” company, Robert Sedlar, has been convicted of 100 felony counts for operating a mortgage fraud scheme throughout California. The scheme resulted in a combined loss of over $7 million. The victims, including people who were elderly and in financial distress, sought mortgage relief services from Grand View Financial LLC in the counties of Contra Costa, San Diego, San Mateo, Alameda, San Joaquin, Placer, Solano, Mendocino, San Francisco, El Dorado, and Sacramento. The operators of Grand View Financial—Steven Rogers, Robert Sedlar, and Audrey Gan—were previously indicted by a grand jury in the Sacramento Superior Court for conspiracy, grand theft, elder abuse, filing false or forged documents in a public office, and engaging in a prohibited act as a foreclosure consultant. Steve Rogers and Audrey Gan entered guilty pleas before trial, and Robert Sedlar, president of the company, proceeded to trial in March 2023 on all counts. Today, Robert Sedlar was found guilty of Conspiracy as well as multiple counts of Filing a False Document, Grand Theft, Elder Abuse, and Prohibited Acts by a Foreclosure Consultant. He will be sentenced on July 21, 2023.

“Let this be a strong warning to anyone seeking to steal people’s hard-earned money: We will find you, and we will hold you accountable,” said AG Bonta. “Individuals who prey on vulnerable communities to enrich themselves will be held accountable by the California Department of Justice. My office will continue to work with our law enforcement partners to identify and prosecute those who disregard the rule of law.”

Between 2015 and 2019, the defendants conspired to steal money and homes from distressed homeowners using a company called Grand View Financial LLC. The company advertised assistance to desperate homeowners facing foreclosure. The defendants promised consumers that if they transferred title of their house to Grandview Financial and paid money, the company would eliminate the mortgage lien and deed the home back to the homeowner, clear of any liens. During this time, the defendants filed false court documents, false documents with the county recorders offices, and false bankruptcies that stalled the foreclosures but did nothing to eliminate the liens, all while collecting funds from the victims. Every single victim lost their home as a result.

The indictment and arrests are the result of a joint investigation by the California Department of Justice, Fraud and Special Prosecutions Section and White Collar Investigation Team; the United States Office of Inspector General, Federal Deposit Insurance Corporation; the United States Office of Inspector General, Federal Housing Finance Agency; the United States Trustee Program; the United States Marshals Service; the Stanislaus County District Attorney’s Office; and the El Dorado County District Attorney’s Office.

A copy of the charges can be found here.

 

Filed Under: Crime, DOJ, News, State of California

Antioch Police Chief pledges full cooperation with CA DOJ, announces acceptance into new Trust Building Campaign with 25 Key Policies

May 11, 2023 By Publisher Leave a Comment

Source: IACP

By PIO Ashley Crandell, Antioch Police Department Community Engagement Unit

On May 10, 2023, California Attorney General Rob Bonta announced the Department of Justice (DOJ) has launched a civil rights investigation into the Antioch Police Department. Chief Steven Ford welcomes this investigation and pledges full cooperation with DOJ officials, just as we have done with the joint FBI-Contra Costa DA investigation already taking place. We understand the importance of ensuring our policies, procedures, and practices are in line with expectations of 21st Century Policing.

In furtherance of our commitment toward meaningful reform, the Antioch Police Department is pleased to announce that we have joined other progressive policing agencies across the United States (and globally) in pledging to enhance trust and collaboration between police and the community we serve. The pledge is part of an initiative called the Trust Building Campaign which was started by the International Association of Chiefs of Police (IACP), the world’s largest and most influential professional association for police leaders. In joining the Trust Building Campaign, the Antioch Police Department has pledged to implement 25 key policies and leading practices within a 36-month period.

As we complete the Trust Building Campaign pledge, the Antioch Police Department will prioritize actions encouraging positive community-police partnerships within six focus areas (bias-free policing, use of force, leadership and culture, recruitment, hiring, and retention, victim services, and community relations). These areas and their associated key practices are designed to promote safe, effective interactions, create strategies to prevent and reduce crime, and improve the wellbeing and quality of life for all.

In a world where information is spread so quickly, it is critical, now more than ever, that law enforcement have the trust of the community that they will provide truth, transparency, and justice.

Through the Trust Building Campaign, the IACP is committed to addressing these, and other issues, on a national and international level.

Statement from Chief Steven Ford:

“We are excited to announce this partnership with the IACP Trust Building Campaign. This initiative aligns with our Strategic Plan goals that we have been progressively implementing during our Public Safety Partnership and emphasizes our commitment to advancing public safety practices through community engagement, transparency, and bias-free policing. We look forward to collaborating with our community stakeholders, justice partners, and industry experts to ensure success in meeting the goals of this campaign.”

For more information about the Trust Building Campaign, visit the IACP’s website at https://www.theiacp.org/iacp-trust-building-campaign.

25 Key Policies and Promising Practices

  1. Establish a policy on bias-free policing.
  2. Increase transparency and accountability of police use of force. Publish use of force and complaint process policies.
  3. Provide officers with training and coaching on cultural responsivity.
  4. Train officers on the unique makeup and needs of their communities based on country of origin, religious and cultural practices, etc. which may conflict with local laws.
  5. Adopt the elements of the National Consensus Policy on Use of Force into the agency’s policies and procedures. Publish use of force policy
  6. Provide regular training on the agency’s use of force policy. Training should include scenario-based exercises that incorporate de-escalation techniques.
  7. Document all use of force beyond handcuffing in agency records. Review these records on an annual basis to identify trends that need to be addressed in policy and training.
  8. Participate in the National Use of Force database.
  9. Establish an agency policy or statement that recognizes the sanctity of life and the importance of preserving human life during all encounters. Adopting the IACP Oath of Honor will meet this requirement.
  10. Participate in accreditation, certification, or credentialing process that has an independent organization that reviews an agency’s policies and procedures.
  11. Ensure training and policy reflect a culture of equity, diversion, inclusion, accountability, and that promote procedural justice for community members and employees alike.
  12. Establish an employee wellness program that includes both physical and mental health.
  13. Conduct a culture assessment of the organization, with steps taken to address areas of concern.
  14. Provide body armor to officers and require the wearing of soft body armor while on uniformed patrol.
  15. Embrace the guardian officer rather than the warrior mindset in recruiting and training.
  16. Establish minimum educational standards or equivalency requirements that can be met by prior life experience. Provide officers with the opportunity for advanced education and training opportunities.
  17. Verify potential hires with the national decertification database before hiring experienced officers.
  18. Include measures of problem-solving, trust-building, and cultural responsivity in metrics of officer performance.
  19. Train officers in Trauma-Informed Responses.
  20. Train officers on best practices, resources, and tools for communicating with community members who do not speak English or whose ability to communicate is impaired.
  21. Establish partnerships to provide for mental health, substance abuse, and youth deflection/diversion resources in their community.
  22. Educate communities on the dynamics of policing and set reasonable expectations for their police. Establish shared expectations of the role police have in the community and solicit review and input from the community on agency policies and procedures.
  23. Establish a clear and timely complaint process that does not require written or sworn statements to submit. Complaint processes and policies should be accessible to all.
  24. Conduct a regular recurring survey of the community to measure the level of trust in the police.
  25. Establish written strategies to engage with youth and marginalized groups in the community to develop positive relationships with police officers and how to interact safely with police.

 

 

 

Filed Under: DOJ, East County, News, Police, State of California

CA Attorney General Bonta launches civil rights investigation into Antioch Police Department

May 10, 2023 By Publisher Leave a Comment

Review comes amidst allegations of bigoted text messages and other potentially discriminatory misconduct 

OAKLAND — California Attorney General Rob Bonta today announced initiating a civil rights investigation into the Antioch Police Department (APD). The investigation will seek to determine whether the law enforcement agency has engaged in a pattern or practice of unconstitutional policing amid deeply concerning allegations relating to bigoted text messages and other potentially discriminatory misconduct. If, through this investigation, the Attorney General’s Office determines that unlawful activity or practices took place, the office will also determine what potential actions are needed to ensure comprehensive corrective action takes place at APD.  (See related articles here and here)

“It is our job to protect and serve all of our communities,” said Attorney General Bonta. “Police departments are on the front lines of that fight every day as they work to safeguard the people of our state. However, where there are allegations of potentially pervasive bias or discrimination, it can undermine the trust that is critical for public safety and our justice system. It is our responsibility to ensure that we establish a culture of accountability, professionalism, and zero tolerance for hateful or racist behavior, on or off duty.”

Under the California Constitution and California Civil Code section 52.3, the Attorney General is authorized to conduct civil investigations into whether a law enforcement agency has engaged in a pattern or practice of violating state or federal law. As opposed to a criminal investigation into an individual incident or incidents, a pattern or practice investigation typically works to identify and, as appropriate, compel the correction of systemic violations of the constitutional rights of the community at large by a law enforcement agency. With regard to the Antioch Police Department, the Attorney General has made no determinations at this time about specific complaints, allegations, or the agency’s overall policies and practices. The Attorney General’s independent investigation of APD is separate from ongoing or potential administrative or criminal investigations at the local and federal levels.

As interaction and cooperation with the community is at the core of law enforcement’s work to provide public safety and create public trust, the Attorney General encourages anyone with information relevant to this investigation to contact the California Department of Justice’s Civil Rights Enforcement Section at Police-Practices@doj.ca.gov. Members of the public may also send information to the California Department of Justice in other languages. During the course of the investigation, attorneys and special agents at the California Department of Justice will work diligently to consider all relevant information, including from community members and organizations, local officials, oversight entities, Antioch Police Department, and individual officers.

Attorney General Bonta is committed to strengthening trust between local law enforcement and the communities they serve as one key part of the broader effort to increase public safety for all Californians. In February, Attorney General Bonta launched an investigation into allegations of excessive force at the Riverside County Sheriff’s Department. Last year, the Attorney General assumed responsibility for the Los Angeles County Sheriff’s Department’s investigation related to contracts awarded to a local nonprofit. He worked with authorities in San Francisco to help ensure the continuation of local oversight efforts related to officer-involved shootings, in-custody deaths, and severe uses of force. Attorney General Bonta also opened a pattern or practice investigation into the Santa Clara County Sheriff’s Office. In 2021, the Attorney General launched an independent review of the Torrance Police Department and secured a stipulated judgment against the Bakersfield Police Department requiring an extensive range of actions to promote public safety. Attorney General Bonta also established the Racial Justice Bureau within the Civil Rights Enforcement Section to, among other things, help address issues of implicit and explicit bias in policing.

 

Filed Under: DOJ, News, Police, State of California

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