Contra Costa Herald

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

Federal lawsuit filed against six Antioch Police officers in racist text scandal, three chiefs, City

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The parties to the lawsuit from pages 1 and 2.

Seeks damages, department practice and policy changes, court monitoring; labels officers’ actions a “conspiracy”

By Allen D. Payton

Oakland civil rights attorney John Burris and associates filed a lawsuit in U.S. District Court for Northern California on Wednesday, April 19, 2023, against five current Antioch Police officers and one former officer, for their racist and other offensive texts and mistreatment of citizens, plus, three current and past police chiefs, the City of Antioch and Does 1-100. (See related articles here and here)

The texts sent and received by multiple officers on their personal cell phones mentioned at least one Antioch resident, as well as suspects in crimes being investigated by some of the officers.

The suit includes defendants Sgt. Josh Evans, Officers Eric Rombough, Morteza Amiri, Scott Duggar, John Ramirez and Timothy Manly Williams, who left the department in 2021. The lawsuit also includes former Police Chief Tammany Brooks who left in October 2021, former Interim Police Chief and current Captain Tony Morefield, and current Chief Steve Ford, in spite of the fact he didn’t start as interim chief until late April 2022, at the end of the timeframe of the texts between December 2019 and April 2022. Ford was given his permanent position on October 23, 2022. Morefield served as interim chief from Oct. 10, 2021 through April 2022.

The plaintiffs include Antioch resident Shagoofa Khan, the 2017 Youth of the Year who was one of the lead protesters in the city in 2020, was arrested a few times including once for felony arson in January 2021 and at Brooks’ farewell party later that year, and was the subject of one of the vile texts; Adam Carpenter, Joshua Butler, Trent Allen, who is one of the suspects in the murder case that resulted in the release of the texts; plus, Diego Zavala, the son of Guadalupe Zavala, who was unarmed when he was shot and killed by police in 2021 after a seven-hour stand-off with police. (Their last name is listed as Savala in the lawsuit).

The suit describes what occurred between the named Antioch Police officers and the plaintiffs as a “conspiracy and/or conspiracies” and claims they were “the failure and/or refusal of Defendants Brooks, Morefield, Ford and Evans…to prevent or aid in preventing” them from occurring. The suit further claims the four department leaders “maintained customs, policies, and/or practices which encouraged, authorized, condoned, ratified, failed to prevent, and/or failed to aid in the prevention of wrongs conspired to be done by” the named officers.

The suit seeks multiple forms of damages including “past, present and/or future wage loss, income and support, medical expenses”; special damages, any and all permissible statutory damages, and attorneys’ fees. The lawsuit, Case #4:23-cv-01895-TSH, from the firm of Burris, Nissenbaum, Curry and Lacy also seeks department policy and practice changes and Court Monitoring. Burris previously represented the family of Angelo Quinto who died in 2021 in the hospital while not in police custody, three days after an interaction with Antioch Police who were called to their home to stop him from attacking them.

According to Antioch Police Officers’ Association attorney Mike Raines the officers don’t have to obtain their own legal counsel as they are entitled to representation by the City Attorney or a designated, outside law firm.

Antioch Police union’s attorney shares concerns about release of officers’ names in text scandal

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“some of the text communications between a relatively small number of officers reflected attitudes or beliefs which are not shared by the vast majority of APOA members.” – Statement from RLS Principal Attorney Mike Rains

On Wednesday, April 19, 2023, Mike Rains, the attorney for the Antioch Police Officers’ Association, of the Rains Lucia Stern St. Phalle & Silver law firm, issued the following statement in response to the release of names of officers in the scandal involving racist and other offensive texts. (See related articles here and here)

“This Office serves as General Counsel to the Antioch Police Officers’ Association (APOA) and its individual members.  We represent many, but not all, of the officers whose names were released by a Superior Court Judge as having involvement in text messaging which she criticized and declared “unworthy of (legal) protection.” As we will discuss below, we have serious concerns about the manner in which both the names of the officers and two separate reports prepared by an Inspector in the Contra Costa County District Attorney’s Office came to be public records before the law in California, codified in Penal Code section 832.7, declared them to be subject to public disclosure.  We also have serious concerns as to whether the text messages themselves, which were originally obtained by authorities in connection with a criminal investigation of only a portion of the Officers who were named by the judge, and which do not constitute criminal conduct, formed the basis of an administrative investigation, in potential violation of California’s Electronic Communications and Privacy Act (Penal Code section 1546).

“We are hopeful that the investigation will be thorough and objective and will determine culpability where it is deserved.”

 We understand the public scrutiny of police officers throughout the nation and acknowledge that revelations of text messaging such as that reported in this case can provoke emotional and even sometimes hateful responses. Nevertheless, police officers, even when accused of potential misconduct, should be afforded basic and fundamental rights of due process. We insist such rights be provided, even to persons who have committed the most grotesque and horrific crimes imaginable — why shouldn’t police also be afforded constitutional rights? Such rights ensure that investigators, prosecutors, and judges abide by existing laws before adjudicating anyone as “guilty,” and pronouncing judgment and sentence before a response from the “accused” is sought or considered. 

“We also hope the investigation will not disparage each officer and seek to end their career as a law enforcement officer, simply because they became the uninvited recipient of texts sent by others or responded with sarcasm.”

With those observations as a backdrop, we can say, on behalf of the entirety of the APOA membership, that some of the text communications between a relatively small number of officers reflected attitudes or beliefs which are not shared by the vast majority of APOA members.  Those officers, and many whose names were recited by the judge, have now suffered the injustice and indignity of condemnation simply because they work at the same agency as those whose communications were offensive.  Since our office represents thousands of police officers in the State of California, we understand the impact messaging of the type engaged in by a relatively small number of these officers can have on the public’s perceptions of law enforcement officers everywhere, even though we are reminded constantly by our clients everywhere that they do not support the rhetoric, and do not share the apparent mindset of those responsible for the rhetoric.

We are aware that the police chief has retained an “outside” investigator to interview each and every officer whose name appeared in any of the text messages in question.  Those officers have been named as subjects, whether the officer was simply one of numerous recipients of a “group text” and did not respond, or whether the officer took an active role in the messaging.  We are hopeful that the investigation will be thorough and objective and will determine culpability where it is deserved. We also hope the investigation will not disparage each officer and seek to end their career as a law enforcement officer, simply because they became the uninvited recipient of texts sent by others or responded with sarcasm.

 

“César Chávez: Honoring a Legacy” Awards ceremony at Los Medanos College Friday night

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College board president, Brentwood non-profit leader, Antioch and Brentwood educators to be honored

By Juliet V. Casey, Direct of Marketing, Los Medanos College

Los Medanos College (LMC) is proud to announce the return of its annual awards to honor the legacy of César Chávez. The event had been on hiatus to help prevent the spread of COVID-19 and will be in person once again.

This community event celebrates the life of the labor leader and human rights activist. The celebration also recognizes East Contra Costa County community members who embody Chávez’s great tradition of voluntary service, civic activism, and non-violent social change.

The festivities, which are free and open to the public, will be from 6 p.m. to 9 p.m. on Friday, April 21 in the Student Union Conference Center, Pittsburg Campus, 2700 E. Leland Road in Pittsburg.

This year’s honorees:

César Chávez Award for Exemplary Community Service Recipient

Fernando Sandoval, Contra Costa Community College District Governing Board president, for work as president of Latino Voices of East Contra Costa County Chapter; community activist and education advocate; author; veteran; and Pittsburg resident.

East County Educator Award Recipient

Violeta Orozco, Jack London Elementary school counselor, for her work as head counselor at Antioch High School (AHS); and leadership for Puente at Antioch High School.

Chávez Spirit Award Co-Recipients

Diana Hidalgo for volunteer work at One Day at a Time (ODAT) and as president of ODAT Leadership Council.

Norma Guadalupe Zamora Arreguin, a human trafficking case specialist and certified investigator, for work as a paraprofessional at Garin Elementary School special education program (Brentwood); her own afterschool program for children with special needs; and as a part-time student at LMC.

The César Chávez Award for Exemplary Community Service, established in 1995, is presented to local residents who represent the core values modeled by César Chávez: “Service to Others, Sacrifice, A Preference to Help the Most Needy, Determination, Non-Violence, Acceptance of All People, Respect for Life and the Environment, Celebrating Community, Knowledge, and Innovation.”

The East County Educator Award honors members of the educational community who demonstrate a commitment to student success and equity, particularly for students of color and those from low-income families.

The Chávez Spirit Award recognizes up-and-coming leaders who have made a difference in the local community through advocacy and social justice.

For more information about all of LMC’s activities celebrating César Chávez, visit www.losmedanos.edu/chavez/events.  Questions about the events or awards may be directed to Jennifer Adams at jadams@losmedanos.edu or (925) 473-7302.

About Los Medanos College (LMC): LMC is one of three colleges in the Contra Costa Community College District, serving the East Contra Costa County community. Established in 1974, LMC has earned federal designations as a Minority-Serving and Hispanic-Serving institution. It offers award-winning transfer and career-technical programs support services, and diverse academic opportunities in an inclusive learning environment. With exceptional educators, innovative curriculum, growing degree and certificate offerings, and state-of-the-art facilities, the college prepares students to succeed in their educational pursuits, in the workforce, and beyond. LMC’s Pittsburg Campus is located on 120 acres bordering Antioch, with an additional education center in Brentwood.

 

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

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By Allen D. Payton

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

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

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

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

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

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

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

Please check back later for any updates to this report.

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

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

By Allen D. Payton

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

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

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

Officers Receiving Angry Calls

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

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

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

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

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

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

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

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

Revealed Information About FBI Investigation

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

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

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

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

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

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

Rains Exploring Legal Options

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

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

 

 

 

Following standoff, Oakley man arrested for stabbing father

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Multi-agency effort including Sheriff and Brentwood, Antioch Police Departments

By Chief Paul Beard, Oakley Police Department

On Saturday, April 15, 2023 at 9:15AM the Oakley Police Department was called to the 30 block of Stony Hill Court on the report of Bobby Dolton (30, Oakley) actively stabbing his father. Oakley officers arrived at the location and found the victim suffering from life threatening injuries. Oakley officers applied a torniquet to the victim and carried him down the street to a position of safety while other officers secured the perimeter of the house. Oakley officers continued to provide the victim with medical care until firefighters and paramedics arrived on scene.

It was confirmed by family members, Dolton was inside the house by himself, and no other persons were in danger because of him. The Oakley Police Department called in their crisis negotiators and many off duty personnel to start doing all of the tasks involved in a high-risk situation such as this one. Oakley officers called Dolton via phone and established contact with him, but he refused to exit the house and at a certain point he terminated all contact with us. Oakley officers broke windows to the locked house and utilized public address announcements in an effort to maintain contact with Dolton and gain his compliance. Dolton was uncooperative with every request made of us.

Dolton’s level of resistance, coupled with the degree of violence of his crime, dictated that we do everything we could to take him into custody. To that end Oakley officers broke through a doorway to the home and began searching it. The entire home was searched, without finding Dolton, except for a bedroom behind a locked door. That locked door was breached, and Dolton was found inside the room armed with two knives. Oakley officers ordered Dolton to drop the knives, but he refused to do so. Oakley officers developed a plan to deal with Dolton and take him into custody with the minimal amount, yet necessary amount, of force required given these particular set of circumstances.

Due to Dolton being armed with knives, refusing to drop the knives and obviously showing a propensity to use deadly force the threat to our officers was legitimate and heightened. Oakley officers developed a plan to use an electronic weapon (TASER) on Dolton while also deploying other tactics and tools that would overcome him with physical force. Oakley officers executed the plan and took Dolton into custody with nobody else being harmed.

Dolton was transported to a local hospital where he received treatment before being booked into the MDF (jail). Dolton was booked for attempted homicide and assault with a deadly weapon.

Mental health issues played a role in this case. I do not believe mental health is ever a complete excuse for criminal activity, but I do acknowledge mental health breakdowns can sometimes lead to criminal activity. If you, or somebody you care for, experience a mental health crisis episode please call the Contra Costa County Health Services crisis services phone number at 1-888-678-7277. You can always call your local police department as well because police officers are trained to identify mental health issues and mitigate them in the least obtrusive way possible.

This investigation was handled by exercising all of our training as it relates to de-escalation and utilizing tactics that are safer for all concerned. The advancement of police equipment, tools, tactics and expectations played a major role in how every aspect of the investigation was handled in order to save lives. I feel it is my responsibility to state the actions of some people may not always allow for the utilization of all of the “safer” tactics that were used today. We will however, always maintain de-escalation at the forefront of what we do and utilize these types of tactics whenever the situations allow for it.

Today’s case makes me proud, once again, to be the chief of a police department where sworn and non-sworn employees know when it is time to set aside their personal lives and respond to the call of duty for situations where specialized training, specialized equipment and a presence of a larger than normal amount of officers is required in order to maintain and restore order. Several employees of the Oakley Police Department responded in from their day off in order to provide their services during this investigation. Command level officers responded to manage logistics and handle coordination with other entities, supervisors set the tone and developed good plans and tactics for this situation and non-sworn personnel responded to lend their expertise in support roles that enhanced the abilities of the sworn officers to do their jobs.

Today serves as a reminder to me the personnel of the Oakley Police Department are dedicated to the police department, the organization of the City of Oakley and the community of Oakley as a whole and all of the efforts that have gone into building a police department by making the best appointments and promotions possible continue to pay dividends time and time again- I appreciate everyone who wears the Oakley Police patch.

I hope the victim in this case is able to recover as much as possible and move on with a healthy life. I also call for appropriate accountability and treatment for the suspect so it becomes very unlikely he will harm anybody ever again.

The Antioch Police Department, Brentwood Police Department and the Contra Costa County Office of the Sheriff all assisted us today. I appreciate all of these departments for helping us and pooling resources together when it is necessary.

As of Monday, April 17, Dolton is being held in the West County Detention Facility in Richmond on $30,000 bail.

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.

 

 

Con Fire delivers increased operational capacity in East County

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Adds four-firefighter crew at Fire Station 92 in Brentwood, Advanced Life Support capability now districtwide

By Steve Hill, PIO, Contra Costa County Fire Protection District

The Contra Costa County Fire Protection District (Con Fire) announced, Thursday, April 13, 2023, operational staffing of a completely new crew at Fire Station 92 in Brentwood and availability of Advanced Life Support emergency medical service on all operational crews districtwide.

Beginning April 11, the four-firefighter crew of the new Engine 90 was fully operational, more than doubling firefighting resources dispatched from Fire Station 92 located at 201 John Muir Parkway in Brentwood. This unique engine crew is specially equipped and staffed to perform fire scene searches and rescues, vehicular extrications, and other rescues. The additional crew will also support quicker assembly of firefighting forces in east county’s Battalion 9 and neighboring Battalion 8.

Additionally, on April 1, all Con Fire crews in the former East County Fire Protection District area of responsibility became Advanced Life Support capable for the first time since the annexation of that fire district in July 2022. With this change, all operational Con Fire crews across the district are ALS, meaning at least one of the assigned firefighters is a paramedic. Con Fire has been able to upgrade east county crews from their former Basic Life Support capability as a result of its inherent operational efficiencies.

The combination of these two major post-annexation improvements reinforce the benefits of consolidation of firefighting resources into a single, larger, more capable organization able to more efficiently deliver comprehensive fire, rescue, and EMS services across the county.

“I am proud of the work that has been done by so many, including firefighters, elected officials, and staff at all levels, to position us to deliver these life- and property-saving resources to residents of east county and our entire district,” said Lewis Broschard, fire chief, Contra Costa County Fire Protection District. “The additional four-person crew on Engine 90 adds immensely to our response capability in east county and benefits central residents, as well, while districtwide ALS capability assures all district residents of receiving paramedic care in a timely manner anywhere Con Fire serves.”

“This is another milestone to celebrate as we work towards making east Contra Costa County safer after the annexation of East Contra Costa Fire Protection District to the Contra Costa County Fire Protection District,” said Contra Costa County Supervisor Diane Burgis. “With the addition of four new firefighters in Brentwood, and assignment of Engine 88 to east county’s Battalion 9, there are now 19 firefighters where there used to be nine. This, and with the transition from EMTs to paramedics, we are providing more resources to east county cities and unincorporated areas, enhancing the quality of service, ensuring response times are faster, and we are all safer. I also look forward to the two new stations to be built in the next few years.”

Engine 90 is uniquely configured and staffed as a virtual ladder truck company on a fire engine platform. This means the new engine is equipped with all the specialized equipment, including rescue and extrication tools, typically found on a fire truck, with the exception of a 100-foot aerial ladder and master stream water nozzle system. It is also staffed with four firefighters, as opposed to the three normally found on a fire engine. These four crewmembers are able to work as two separate teams, essentially doubling the tasks that can be accomplished at an incident scene by this single apparatus and crew.

Engine 90’s innovative ladder truck-like configuration comes as a result of a districtwide shortage of ladder trucks due to the recent highway accident that took one such apparatus permanently out of service and nationwide supply chain issues creating extended delays in new equipment delivery times. Con Fire expects to be able to replace Engine 90 with a new ladder truck sometime in 2024. Until that time, Engine 90 will deliver most of the many capabilities of a ladder truck, minus its aerial ladder.

All of Con Fire’s operational crews are ALS capable, staffed with at least one paramedic on board, along with other crew members who are emergency medical technicians. Our apparatus are properly equipped and supplied with the medications needed to provide patients with a higher level of medical care including those in cardiac arrest and respiratory distress, and who need advanced trauma care, continuous IV drips, on a chronic ventilator, and those who require cardiac monitoring.

Paramedics and EMTs who staff the Con Fire ALS apparatus have a higher level of training than those who provide BLS services at other organizations. Due to their advanced training, ALS personnel are allowed to start IVs, administer medications, and give injections to help stabilize the patient on the way to emergency rooms or trauma centers.

Measure X is a countywide 20-year, ½ cent sales tax approved by Contra Costa County voters on November 3, 2020. Collection of the tax began on April 1, 2021. The ballot measure stated the intent of Measure X is “to keep Contra Costa’s regional hospital open and staffed; fund community health centers, emergency response; support crucial safety-net services; invest in early childhood services; protect vulnerable populations; and for other essential services.”

A board of supervisors created Measure X Community Advisory Board oversee an annual assessment of community needs, focusing primarily on the priority areas identified in the Measure X Needs Assessment, including emergency response (fire/medical), health care, safety net services, preventative care, affordable housing, and support for early childhood, youth, families, and seniors.

About Contra Costa County Fire Protection District – With implementation of a contract for service with the City of Pinole in March, 2023 and annexation of the former East Contra Costa Fire Protection District (ECCFPD) in July, 2022, Contra Costa Fire now provides fire and emergency medical services to more than 770,000 residents in 12 cities and 11 unincorporated areas across our expanded 557 square-mile jurisdiction. The district now comprises 34 ire stations and more than 600 employees. Through our unique ambulance “Alliance,” the district delivers EMS and ambulance transport services to much of Contra Costa County. In 2022, the district responded to nearly 100,000 incidents of all types, including 67,000 fire medical emergencies, and dispatched some 100,000 ambulances, conducting more than 75,000 ambulance transports. Contra Costa Fire remains dedicated to preserving life, property, and the environment.