Contra Costa Herald

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Antioch Mayor’s remarks at MLK Day breakfast spark response by Oakley Councilman not wanting to provide neighboring city with police support

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Antioch Mayor Lamar Thorpe. File photo.  Oakley Councilman George Fuller. Source: Facebook

“Mayor Thorpe was indicating he had placed the yoke of oppression on Antioch’s police officers and implemented what seemed an era of tyranny towards Antioch officers…Mayor Thorpe’s outlandish statements are politically motivated, and I believe he would use an Oakley officer as a pawn to advance his political agenda.” – Councilman George Fuller

Antioch Police Officers respond to Fuller’s remarks, take swipe at Thorpe

“The mayor’s constant attacks against our officers have always been unhelpful” – APD Sgt. & APOA President Rick Hoffman

NAACP President says “nothing inappropriate” about Thorpe’s comments; Antioch resident “embarrassed” by them

By Allen D. Payton

At the end of the Oakley City Council meeting Tuesday night, Jan. 24, 2023, Councilman George Fuller took a swipe at Antioch Mayor Lamar Thorpe not wanting to have Oakley Police Officers provide support to Antioch Police because of something Thorpe said at the recent MLK Day Breakfast hosted by the NAACP East County Branch. (See 1:50 mark of video)

Fuller spoke about the Antioch City Council and said, “Now, we stay on our side and I’m very happy. But there’s one thing that I’m very, very concerned about, and that is we have a mutual aid agreement with Antioch for our officers to go to the city to assist officers in that location to make arrests, put their lives on the line, and perhaps become involved in a…and I want to discuss what we can do to protect our officers. Because the way it was going was that if something happens over there, Mayor Thorpe is going to be very happy to say ‘well, our officers misbehaved’…and I don’t want to see their careers go up.”

“Our officers are trained. Whatever he says, our officers are trained,” Fuller continued. “I do not want my officers going over there and suddenly finding themselves in trouble.”

Fuller Shares Explains His Concerns About Thorpe’s Remarks

Asked what Thorpe had said at the breakfast that caused his concern, Fuller responded in an email writing, “Before going any further, I need to say that I find the East Contra Costa NAACP a viable organization that has worked extensively, and still does, to create homogeneous communities in East Contra Costa County that are diverse and inclusive. I am completing my membership request to become a member of the association.

I did attend the Martin Luther King, Jr’s prayer breakfast, sponsored by the East Contra Costa NAACP. I received an invite from Odessa LeFrancois, installed as president of the group during the meal. I am grateful that Ms. LeFrancois extended the invitation.

I represented the proclamation that the City Council of Oakley extended honoring the legacy of Dr. Martin Luther King, Jr. I did so at the behest of Ms. LeFrancois. The proclamation was the first to honor Dr. King by the City of Oakley City Council. The reception of the proclamation of those attending the breakfast was commendatory.

Mayor Thorpe followed my presentation. Mayor Thorpe’s first words were, ‘Some cities just give proclamations; in Antioch, we do something about it.’ The statement intended to insult Oakley’s proclamation. It was evident in Mayor Thorpe’s mind that the Oakley City Council gives a token acknowledgment of Dr. King’s legacy but fails to address systemic racism in Oakley. Yes, Mayor Thorpe’s rhetoric and hostile discourse are not valid.

Mayor Thorpe said he has solved racism in Antioch by ‘reining in the police’. Mayor Thorpe stated, ‘we have banned certain control holds that the police can use. We deny the police the use of military-grade equipment. We have created a police oversight commission.’ Mayor Thorpe was indicating he had placed the yoke of oppression on Antioch’s police officers and implemented what seemed an era of tyranny towards Antioch officers. Mayor Thorpe said that his efforts have resulted in a fifty percent decrease in murders in Antioch. Antioch residents did not suffer injustices from the police because of his actions.

Mayor Thorpe continued that there were three Black council members on the Antioch City Council. Consequently, Mayor Thorpe could implement his agenda, which favored Black lives in Antioch. Also, those who attempted to recall him from the council would experience consequences for trying to do so. In short, Mayor Thorpe marginalized Antioch Police Officers as a violent, out-of-control, racist organization, and he was protecting Antioch from the police.

Initially, Mayor Thorpe experienced polite applause for his statements. At the end of his lengthy monologue, he received no applause.

My immediate concern was the well-being of Oakley Police Officers. Oakley officers respond to mutual aid requests from the Antioch Police Officers when the Antioch officers confront an emergency that strains their safety resources. Mayor Thorpe’s statements indicate that he would have no qualms demonizing an Oakley officer for responding to a situation where lives were at risk. The threat to the officer, and the officer’s family, would be catastrophic. Mayor Thorpe’s outlandish statements are politically motivated, and I believe he would use an Oakley officer as a pawn to advance his political agenda.

I believe it is incumbent on the Oakley City Council to determine the threat to Oakley officers and take precautionary measures to protect them as they respond to mutual aid requests in Antioch. I am grateful that the Oakley City Council agreed (except perhaps one member who has publicly commented on my statements) to discuss the issue and reconcile any dangers to Oakley officers.

The Oakley Police Department offers extensive training on professional responses to critical safety issues and contains them with the least amount of force necessary to control the situation. The City of Oakley takes a course of providing adequate funding for the police department to be able to deliver professional police services properly. Oakley officers are aware of systemic racism, even in Oakley, and how to respond to such demagoguery ensures the well-being of all members of the Oakley inclusive community.

An example of Oakley’s professionalism occurred the night of January 15, 2023, the night before the NAACP breakfast; officers responded to a man with a gun in Oakley. Upon arrival, the suspect pointed a gun at the officer. The officer retreated, and the Oakley officers contained the area and called for a mental health team to respond to the location. The mental health team responded by convincing the suspect to surrender their weapon. The officers afforded the health services the suspect so urgently required. That is an example of the ‘true grit professional police services’ Oakley officers deliver. I will not allow those services to be ‘trashed’ by Mayor Thorpe.

I do not want to see an Oakley officer end their career by saving the life of an Antioch officer or Antioch resident and suffer a catastrophic tyrannical political outburst from the Mayor of Antioch, Lamar Thorpe.

I previously mentioned that Mayor Thorpe delivered similar statements at the Contra Costa Mayors Association in Hercules on January 5, 2023.

Hopefully, the above answers your request.

With best regards,

George Fuller, MPA, MA

——————-

Antioch Police Officers Respond to Fuller, Take Swipes at Thorpe

In a message to the media on Thursday afternoon, also posted later on the Antioch Police Officers Association Facebook page, President and APD Sergeant Rick Hoffman wrote, “Earlier today, the APOA was solicited for comment regarding an Oakley City Council member requesting that the Oakley Police Department stop sending officers into Antioch after hearing remarks from Mayor Thorpe at an NAACP breakfast. As we said earlier, the idea of neighboring police agencies not assisting each other is deeply troubling. We recognize that crime has no borders and the best way to combat crime and keep the citizens of our cities safe is by everyone, police officer and citizen alike, to work together. APD has always and will continue to work with our neighboring agencies in times of need. We will always answer the call when they ask, and we hope they will do the same.

What we, as a POA, want to further highlight is the unnecessary and disparaging remarks that Mayor Thorpe makes on a routine basis towards the officers of APD. Mayor Thorpe claims that he has outlawed certain control holds and has mandated that our officers act in a certain manner. Not only is the claim that he has outlawed control holds inaccurate at best, but the further claim that his alleged efforts have led to a reduction in Antioch’s murder rate is a slap in the face to the hard work of the men and women of APD. Facing an unprecedented staffing shortage, our officers work diligently to solve these crimes amidst one of the most tumultuous times ever faced by our department. The mayor’s constant attacks against our officers have always been unhelpful but we wish to highlight that his comments are now also dangerous and putting officer’s lives at risk. For his comments to cause other cities to entertain the idea of no longer assisting our department is alarming and we call on the mayor to exercise caution and restraint when speaking about our officers.

We would also like to recognize that we have always had, and plan on continuing, a great working relationship with our neighboring agencies. Specifically, we appreciate the ongoing support we receive from the Oakley, Pittsburg, and Brentwood Police Departments.”

——————-

NAACP President Responds

“I don’t know what they’re talking about,” Odessa LeFrancois, Antioch resident and recently elected President of the NAACP East County Branch said when reached for comment regarding Thorpe’s remarks. “As far as what I know, Lamar didn’t say anything inappropriate at the breakfast.”

Antioch Resident and Breakfast Attendee “Embarrassed” by Thorpe’s Remarks

Antioch resident Velma Wilson, who also attended the breakfast, disagreed with LeFrancois and confirmed Fuller’s views on Thorpe’s remarks.

“The Oakley Councilmember presented a proclamation of being more active with organizations like the NAACP and spreading the message of Dr. King. The councilman had a service animal with him,” she said. “Thorpe wasn’t on the program. It was toward the end of the meeting. But then he went on this rant about Black people and that although we are in Pittsburg our city is the most of diverse.”

Wilson continued saying Thorpe said, “‘We aren’t just typing up a resolution to sound pretty we’re actually putting into action our work. I’m proud of the work of the three Black council members and we’re not going to stop.’”

“He also said, ‘I know we have a recall proponent in here,’” she said referring to her.

“‘In East County we are the city holding our police officers accountable and we are the council, and I reiterate, a majority Black council that made sure we had body cameras on each of our officers.’” Wilson recalled of Thorpe’s remarks.

“MLK, yes, he fought for civil rights, but for all,” Wilson stated.

“A lot of people were checking out and getting up. He went more on a racial thing,” she continued about Thorpe’s remarks.

“Even (Pittsburg Mayor) Shanelle (Scales-Preston) was ‘how do you say, you’re in Pittsburg, you’re at MLK Junior High on MLK Day, and you say Antioch is the best’?” Wilson stated. “I was embarrassed as an Antioch resident.”“Lamar thought he had an audience that would cheer and clap for that crazy speech. He may have had three people clap for him,” she added.

Thorpe Does Not Respond

The mayor of Antioch was asked via email Wednesday if he had any comment on his remarks at the breakfast, responses to Fuller’s comments and the APOA’s statement and about the mutual aid between the two police departments. But Thorpe did not respond.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Following investigation of in-custody death of Arturo Gomez Calel; while on meth attempted to break into occupied vehicles, struggled with and was tased by police

Mayor Thorpe used incident to push his police reforms at special Friday meeting later that week

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

Martinez, Calif. –  On Friday, Jan. 13, 2023, the Contra Costa District Attorney’s Office released a report on the 2021 in-custody death of 33-year-old Arturo Gomez Calel in Antioch clearing police of any wrongdoing. The DA determined as written below, “the use of force by Antioch Police Officers was lawful and permitted”. 

The incident occurred just after midnight on Wednesday, February 24, 2021 in which Gomez was on meth, attempting to break into occupied vehicles on a major city street, then struggled and was Tasered by police. Later that day, Mayor Lamar Thorpe held an emergency press conference with then-Police Chief Tammany Brooks and used the incident to push his police reforms at a special Friday meeting that week. (See related article)

The report is part of a Contra Costa County protocol to investigate incidents where police officers or civilians are shot or die during an encounter with law enforcement. The District Attorney’s Office conducts its own independent investigation into law enforcement fatal incidents (LEIFI) and details those findings — along with a legal analysis and a charging decision – in a report that’s released to the public. The release of the LEIFI report on Gomez is the final step in the investigation.

District Attorney Diana Becton notes, “My administration has been committed to public safety, transparency, and increased accountability since I was elected in 2018. The LEIFI investigations are an example of that commitment to be transparent with the public about in-custody deaths like that of Mr. Gomez.” 

The February 24th, 2021, incident involving Arturo Gomez began after midnight when Gomez placed a 911 call to authorities claiming his phone had been hacked. A dispatcher noted that Gomez sounded paranoid and appeared to be in an argument with another person – whom authorities later learned was a Lyft driver. While Gomez was traveling in the Lyft vehicle, he came into possession of the driver’s phone after Gomez asked to see the address he was going to. At one point, the Lyft driver said he became fearful Gomez was going to physically harm him and exited the vehicle. Gomez proceeded to climb into the driver’s seat and attempted to drive off. However, his efforts were thwarted by the Lyft driver — who retrieved the ignition key before Gomez could drive away. Gomez then exited the vehicle and fled on foot. 

When officers from Antioch Police arrived on the scene at Lone Tree Way at Ridgerock Drive, Gomez was on a cell phone. As an officer approached him, Gomez backed away saying “You’re a fake cop.” Gomez then led the officers on a foot chase where he eventually ran into traffic on Lone Tree Way. To mitigate the safety hazard Gomez was creating, police set up a traffic break to prevent vehicles from traveling through the incident area.

While trying to evade police, Gomez tripped and fell to the ground on James Donlon Boulevard. One officer ordered him to stay on the ground, but Gomez ignored the command. Officers then tried to physically subdue him, but Gomez continued to struggle, and a physical altercation ensued. After multiple Taser deployments on Gomez, the officers were eventually able to handcuff him. At no point did any of the officers involved use the weight of their body on Gomez’s back or neck, nor did they use a carotid restraint on him.

However, shortly after Gomez was detained, he became unresponsive and stopped moving altogether. Officers rolled him onto his left side, noticed his breathing had become labored and then began administering life-saving measures while emergency medical personnel were enroute. Gomez died later at a local hospital.

An autopsy to determine the cause of Gomez’s death was performed by Dr. Arnold Josselson on February 25th. Dr. Josselson found Gomez had 910 nanograms of methamphetamine and 54 nanograms of amphetamine in his blood — substances which, when taken in large doses, can lead to convulsions, circulatory collapse, hallucinations, and cardiac arrest. Dr. Josselson concluded that Gomez died from “asphyxia and cardiac arrest while in a prone position during a struggle with police after being tased while under the influence of methamphetamine.” 

During his testimony at the Coroner’s Inquest on April 29, 2022, Dr. Josselson explained to the jurors the three-step process that led to Gomez’s death. The first stage was brought on by the amount of methamphetamine in his system; an amount that gave rise to his aggressive and physically active behavior when resisting police arrest. In the second stage, Gomez’s muscles were completely exhausted and lacked the ability to expand his rib cage allowing him to breathe. The third stage was brought about by low oxygen levels that led to his heart stopping. Following the testimony of Dr. Josselson and other witnesses, the jury reached a unanimous verdict that Arturo Gomez’s death was an accident (i.e., an unforeseen event, misfortune, act, or omission with no evidence of an intent to harm or cause death). 

In its legal analysis, the District Attorney’s Office concluded that, given the totality of facts in this incident, the use of force by Antioch Police Officers was lawful and permitted pursuant to California Penal Code sections 835, 835a, 835a(a)(4), and 835a(b). Consequently, the Contra Costa District Attorney’s Office will take no further action regarding the in-custody death of Arturo Gomez. 

The District Attorney’s Office is in the process of notifying the Gomez family about the publication of this report. A copy of the report has also been sent to state Attorney General Rob Bonta’s office and is available on the District Attorney’s website.

Allen D. Payton contributed to this report.

Josh Hill joins BAC Community Bank as Sr. VP

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Josh Hill

December 29, 2022 – Stockton, Calif – Josh Hill has joined locally-owned BAC Community Bank as Senior Vice President and Retail Banking Officer. Hill is a results-driven financial services professional with more than 28 years of extensive leadership experience.  He has most recently led and grown retail banking teams within the BAC Community Bank footprint and Northern California.

“We are excited to be working with Josh,” said Jackie Verkuyl, Chief Administrative Officer, “the skills and insight he brings complement BAC’s future-focused strategic path.”

Working with other seasoned members of management, Hill is responsible for the overall success of the relationship banker and deposit service specialist teams, as well as leading BAC’s branch operations and ensuring consistent delivery of high-quality customer banking experiences.  He also assists in developing and overseeing retail policies and strategies while working with team members to improve and implement new retail products and services.

Hill holds a Bachelor of Science in Business Administration – Financial Management and a Bachelor of Arts in Economics.

About BAC Community Bank

BAC Community Bank is California’s 10th oldest state-chartered bank. Established in 1965, BAC operates branch offices throughout San Joaquin, Stanislaus, and Contra Costa counties and is identified as “one of the strongest financial institutions in the nation” by BauerFinancial, Inc.

The bank is centrally headquartered in Stockton, California, and is continuously recognized for banking excellence through local awards and banking industry accolades.

BAC Community Bank is an Equal Housing Lender and Equal Opportunity Employer. Member FDIC. More information is available online at www.bankbac.com.

 

IORF holds 16th annual Christmas pajama and toy giveaway in Brentwood

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Pajamas are sorted and ready to be packaged for the 2022 giveaway. Photo: IORF

Thanks donors, supporters and volunteers

BRENTWOOD, CA – The International Orphan Relief Foundation of Brentwood held their 16th annual children’s pajamas, toy and grocery gift card giveaway on Saturday, Dec. 17, 2022. Led by organizers former Councilwoman Claudette and her husband Johnny Staton, they partnered with Toys for Tots by the U.S. Marines and helped about 150 families, this year.

The families signed up for the giveaway through three organizations, Sisters of Immaculate Heart, Delta Community Services and Village Community Resource Center of Brentwood. The giveaway was held at Immaculate Heart of Mary Catholic Church in Brentwood.

“It was heartfelt to see people, especially the children with smiles on their faces and so grateful to receive the gifts,” Johnny shared.

“We want to thank Fremont Bank branch in Brentwood, specifically branch manager Deborah Willis and Community Outreach Manager Julie Moore who supported us throughout the years as well as McNally Insurance Company, as they are our major donors.”

“We also want to thank all those who donated toys and pajamas, Toys for Tots, Got Kicks and Tammy Young of the Streets of Brentwood, the volunteers, JoAnn Klement, Surah and Shaddin Abukishk, Dawn Bass, mother Gloria and daughter Gloria Pantoja, Claudia Rodriguez, Allen Payton, the Immaculate Heart of Mary Church and Carol Ilch-Rojo,” Claudette said.

Organizers Johnny and Claudette Staton were joined by several volunteers for the 2022 giveaway event. Photo: IORF

The Statons also thanked last year’s donors including Dub 4 Kids and past volunteers Jilda Fairhurst, Roy and Elma Richards, Villa Millan Serrano, for helping on distribution day, as well as all the past volunteers over the years including Glen Combs.

Finally, they thanked their legal counsel, Hon. Elihu Harris, former Mayor of Oakland, and Dr. Sheila Wells.

Johnny said, “I also want to thank my wife, Claudette for being such caring person.”

“We do it all for the praise and glory of God,” he added.

For more information and to donate to IORF visit International Orphan Relief Foundation (www. iorf.org).

CHP report: Antioch Mayor’s Blood Alcohol Level during DUI arrest was .121 and .124

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Antioch Mayor Lamar Thorpe was arrested on March 19, 2022, for DUI. Later that day in an apology video he said, “I never felt inhibited by the drink I had with my dinner”.

Enough for 3 drinks for his body weight, more than “the drink…with dinner” he admitted to; lied to CHP officer; failed field sobriety tests; refused breath test during stop

By Allen D. Payton

According to the arrest report of his DUI arrest in March Antioch Mayor Lamar Thorpe had a Blood Alcohol Level of .121% and .124% according to two chemical breath tests he was administered. Released by the California Highway Patrol on Thursday, Dec. 22, 2022, the report also reveals Thorpe failed the field sobriety tests in a variety of ways including having nystagmus which is defined as, “uncontrolled repetitive movements of the eyes” and “the distinct odor of an alcoholic beverage emitting from his breath”. Thorpe DUI Arrest 3-19-22 Report Redacted

Yet, in an apology video on his official Facebook page later that morning, Thorpe said, “I never felt inhibited by the drink I had with my dinner”. He was pulled over by CHP Officer J. Dagnino at about 1:15 AM.

The report also shows Thorpe lied to the officer about having anything to drink.

“I asked Lamar if he had consumed any alcoholic beverages prior to driving and he related he had nothing to drink,” Rosario wrote.

The report shows the 41-year-old Thorpe, who was wearing a “Michelob Ultra” wristband at the time of the stop, “was struggling to maintain a center lane position” while driving northbound on I-680 in Concord at 59 MPH.

During the field sobriety test, while standing on one leg he, “Swayed from center, left to right” and “lost his balance” during the Walk and Turn portion of the field test. Officer Dagnino wrote that he, “advised Lamar of the PAS (Preliminary Alcohol Screening Device)…and he refused to provide a sample.”

Blood Alcohol Content and Level

According to Law and Daily Life “The definition of blood alcohol content is the blood alcohol level expressed as a percentage” and “Generally one drink is considered: (1) 12 fluid oz. beer, (1) 5 fluid oz. glass of wine or (1) 1.5 fluid oz shot of hard liquor.”

The arrest report shows Thorpe weighs 120 pounds. According to the DMV’s BAC chart that means he had to have consumed at least four drinks prior to his arrest, not taking into account the reduction by 0.01% for each 40 minutes of drinking. His two tests were administered at 2:13 AM and 2:19 AM, which means his BAC was higher at the time he was driving an hour prior.

12-28-22 9:00 PM UPDATE: However, the original arrest report issued in March shows Thorpe weighs 150 pounds which according to the above chart clearly requires at least three drinks to be legally intoxicated. Chp288B.THORPE Report of Arrest 3-19-22

An email was sent to CHP PIO Andrew Barclay Wednesday evening for clarification of which weight for Thorpe is correct. Barclay responded, “His license lists 120 lbs., but as you know you can claim whatever. I would not know what his current weight is as it is inconsequential in our investigations.  The 150 could simply be a typo.”

According to reports from Antioch residents and restaurant staff members who chose to remain anonymous, Thorpe was seen drinking at an Antioch restaurant earlier that day prior to leaving the area.

Transcript of Report

Observation Prior to Contact

“On 3/19/2022 at approximately 0110 hours, I was on patrol, in full CHP uniform, driving a fully marked black and white CHP patrol vehicle, with my partner Officer J. Del Rosario #22568 (passenger). On the date and time mentioned, I was traveling northbound on I-680, just south of Monument boulevard within the #4 lane, monitoring traffic. Traffic was moderately light, and I observed a silver SUV just ahead of my location, within the #5 lane, that was struggling to maintain its center lane position. I accelerated my patrol vehicle and positioned it directly behind the silver SUV, now identified as a silver Volvo with a California license plate of (redacted) and continued to monitor the Volvo’s driving behavior. While monitoring the Volvo’s driving behavior, I observed the Volvo continue to struggle to maintain a center lane position, by crossing over the broken white lane divider line on left side and the solid white line on the right side. The Volvo was also traveling at approximately 59 MPH in a posted 65 MPH zone.

After observing the Volvo’s driving behavior, I activated my patrol vehicle’s emergency CODE 3 lights and initiated an enforcement stop on the Volvo. The driver of the Volvo applied the brakes and began to pull to the right shoulder on SR-242 northbound, just north of the I-680 transition. Using the patrol vehicle loudspeaker (PA) my partner began to instruct the driver of the Volvo to exit at the Clayton Road exit. The driver of the Volvo continued to drive on the shoulder of SR-242, until my partner directed the Volvo to turn right onto Market Street and pull to the right curb edge, just south of Clayton Road. The Volvo followed instructions given by my partner and pulled to the right curb edge, just south of Clayton Road and Market Street intersection. I parked directly behind the Volvo, exited my patrol vehicle and made a passenger side approach of the Volvo.

Observation Upon Contact

I contacted the driver, who was the only occupant in the vehicle, through a lowered passenger window and immediately detected the odor of an alcohol beverage emitting from within the Volvo. I advised the driver for the reason of the stop and asked for his license, registration, and insurance. The driver provided me with a California Driver License and was positively identified as Lamar Anthony Thorpe with a date of birth of 04/06/81 and [redacted].

Upon contact, Lamar displayed objective signs and symptoms of intoxication; watery eyes, droopy eye lids and slurred speech. Lamar was also wearing a white Michelob Ultra wristband around his right wrist and related he was on his way home from dinner. I asked Lamar if he had consumed any alcoholic beverages prior to driving and he related he had nothing to drink. I directed Lamar to exit the vehicle and meet me near my patrol vehicle to answer a series of questions and perform a series of voluntary field sobriety tests. Lamar exited his vehicle and met me on the concrete sidewalk. While speaking with Lamar outside the vehicle, I could smell the odor of an alcoholic beverage emitting from his breath. I asked Lamar the remainder of the Pre-FST questions which he answered accordingly. I explained and demonstrated a series of Field Sobriety Tests to Lamar, which he did not complete as explained and demonstrated.

Horizontal Gaze Nystagmus

Lamar related he was wearing soft contact lenses. His eyes were watery, his pupils were equal, and he was able to track the tip of my finger with both eyes. He displayed the following:

  • Lack of smooth pursuit in both eyes
  • Distinct and sustained nystagmus at maximum deviation in both eyes
  • Onset of nystagmus prior to 45 degrees in his right eye, at approximately 40 degrees
  • Lack of convergence in his left eye.

During Walk and Turn, Lamar displayed the following:

  • Lamar lost his balance during the instruction phrase. I instructed him to set back up in the starting position.
  • Lamar used his arms for balance by raising them more than six inches from his sides.
  • Stepped offline between steps 5 and 6, during the first set of steps
  • Missed heel to toe contact by more than 1” between steps 3 & 4 of the first set.

One Leg Stand:

Lamar raised his left foot for the test, and he displayed the following:

  • Swayed from center, left to right
  • Used his arms for balance by raising them more than six inches from his sides.
  • Put his foot down twice and was instructed to lift his foot and continue to test

Modified Rhomberg

Lamar was instructed to end the test once he reached an internal estimated count of thirty seconds, he ended the test at fifty-two seconds.

  • His eyes displayed tremors
  • He swayed from center, front to back
  • Lamar displayed a bouncing pulse in his neck

ARREST

Due to Lamar operating a motor vehicle upon a highway, his admission to operating a motor vehicle, the distinct odor of an alcoholic beverage emitting from his breath, his objective signs and symptoms of alcohol impairment (water eyes, slowed/ slurred speech, droopy eye lids) and his poor performance on the field sobriety tests, I determined Lamar was operating a motor vehicle while under the influence of alcohol and was impaired. I placed Lamar under arrest for violation of California Vehicle Code section 23152(a) VC (Misdemeanor, DU). Lamar was searched incident to arrest and placed in the front seat of my patrol vehicle. I advised Lamar of Implied Consent (23612 VC) and he chose to submit to a chemical breath test.

Lamar was transported to the CHP Contra Costa Area Office for the chosen chemical test. I observed Lamar for fifteen minutes prior to administering the chemical breath test to ensure he did nothing to compromise the test. Lamar provided two breath sample with results of .121% and .124%. I advised Lamar of Trombetta and he declined any further testing. (According to LosAngelesDUIAttorney.com, “California v. Trombetta was a Supreme Court case that found that police do not have to preserve DUI breath test samples like other evidence. It was also be used as a precedent…to establish rules for destroyed or missing evidence).

Following the chemical test, Lamar signed the CHP 215/ Promise to Appear in my presence and was released to [redacted].

EVIDENCE

Item #1            1 Compact Disc containing video of news clip/ suspect’s admission to driving while under the influence.

OTHER FACTUAL INFORMATION

The same morning following the incident, ABC 7 news uploaded an article regarding the arrest/ incident. In the video, Lamar Anthony Thorpe (Mayor Antioch, Ca) relates he was arrested by California Highway Patrol for driving under the influence. In the video, Lamar related he assumes full responsibility for his actions and admits to operating a motor vehicle while under the influence. The video was copied onto a compact disc, booked into the CHP Contra Costa temporary evidence locker and a copy was attached with this report.

The patrol vehicle utilized is equipped with a Wireless Mobile Video Audio Recording System (VVMVARS) that was on at the time of the incident and which may or may not have captured all relevant information.

RECOMMENDATION

I recommended a copy of this report be forwarded to the Contra Costa County District Attorney’s Office for review and prosecution of Lamar Anthony Thorpe for the following charges:

  • 23152(a) VC – Misdemeanor – Driving Under the Influence.
  • 23152(b) VC – Misdemeanor – Driving Under the Influence over .08% BAC.”

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Found Guilty on One DUI Count

As previously reported, Thorpe, through his attorney, pled no contest to both charges, during his court hearing, on Tuesday, Dec. 13, 2022. According to the Felony and Misdemeanor Clerk’s Docket and Minutes he was found guilty on the second count of DUI over .08% BAC and the other charge was dismissed. Thorpe Clerk’s Docket and Minutes 12-13-22 redacted

According to the Misdemeanor Order of Probation, Thorpe was fined $1,749 and was sentenced to two days I prison with one day credited and is eligible for the Sheriff’s Work Alternative Program for the one remaining day. Thorpe was also sentenced to three years of probation and cannot drive a vehicle with any measurable alcohol in his blood and must attend and complete a three-month alcohol program. Thorpe Misdemeanor Order of Probation 12-13-22 redacted

He was given the Watson advisement. According to LosAngelesDUIAttorney.com, A “Watson advisement” is a formal statement you must sign after being convicted of DUI. It says you understand that driving under the influence can injure or kill people, and it can be used against you if you ever cause a DUI accident in the future. Legally, this means that you could be tried for second degree murder if your DUI kills someone.”

Please check back later for any updates to this report.

Eight days of Chanukah began Sunday night

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Rabbi Peretz Goldschmid of Chabad of the Delta leads the audience in singing Chanukah songs following the lighting of the Grand Menorah in Brentwood City Park on the first night of the annual Jewish celebration. Photo by Allen D. Payton

Celebrated with lighting of Grand Menorah in Brentwood

By Allen D. Payton

Known as the Festival of Lights, the annual Jewish celebration of Chanukah commemorates the rededication of the Second Temple in Jerusalem after the Maccabean Jews regained control of Jerusalem after overthrowing King Antiochus IV Epiphenes of the Seleucid empire.

From History.com: “According to the Talmud, one of Judaism’s most central texts, Judah Maccabee and the other Jews who took part in the rededication of the Second Temple witnessed what they believed to be a miracle. Even though there was only enough untainted olive oil to keep the menorah’s candles burning for a single day, the flames continued flickering for eight nights, leaving them time to find a fresh supply.”

Also spelled Hannukah, the celebration begins at sunset on 25 Kislev and ends at sundown on 2 Tevet or 3 Tevet on the Hebrew or Jewish Calendar. It is being celebrated, this year from Sunday, Dec. 18 through Monday, Dec. 26.

Chabad of the Delta has erected several menorahs in East County, including in Antioch, Brentwood, Oakley and Discovery Bay. The center and first of eight lights of the Grand Menorah in Brentwood were lit by Rabbi Peretz Goldshmid during a Community Chanukah Festival Sunday evening, Dec. 18.

Sunday’s grand menorah lighting by Chabad of the Delta was an amazing show of religious pride.

Hundreds of people turned out to the event which was held at City park. The atmosphere was festive, and the mood was joyous. Rabbi Goldshmid led a brief ceremony and lit the menorah as the crowd sang traditional songs.

The hot cocoa and apple cider were a great way to keep everyone warm, and Arron Smith’s original Chanukah wrap was a great way to get everyone in the spirit of the holiday. Most importantly, the menorah lighting was an amazing sight to behold and an incredible reminder of the joy and importance of coming together as a community.

In attendance at the event were Mayor Joel Bryant, City Manager Tim Ogden, Vice Mayor Susannah Meyer, and City Council Tony Oerlemans and Jovita Mendoza. It was wonderful to see the community come out in the cold to celebrate the holiday together.

The crowd was also treated to the talent of artist Andrew Swartz, who led a collaborative painting project that allowed young and old alike to participate. The masterpiece that was created will be showcased in the Delta Art Gallery at Streets of Brentwood.

the grand finale of fire and sword dancers, led by Aaron Zamarron. Wielding a flaming sword, Zamarron captivated the audience as he performed a spectacular routine set to traditional Chanuka music.

The story of Chanukah is a timeless one, filled with hope and courage in the face of persecution. To this day, the Festival of Lights is still celebrated by so many around the world and brings with it the same spirit of unity and joy. As we light the menorah, let us remember the power of faith and the strength of community. May we continue to find joy in the celebration of Chanukah, and may we always be blessed with good health and prosperity. Happy Chanukah!

To learn more about the history behind and meaning of Hanukkah/Chanukah click, here.

Mashie Goldschmid contributed to this report.

Wrong way driver in fatal Hwy 4 crash released from custody to U.S Marshals

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Richmond suspect driving with suspended license for prior DUI

By CHP Contra Costa

Tuesday morning Dec. 13, 2022, at about 11:05am, CHP Contra Costa was advised of a wrong way driver traveling westbound in the eastbound lanes of Hwy 4 near Railroad Avenue. The wrong way vehicle (Dodge Durango) continued westbound in the eastbound lanes and collided head on into a Honda Accord traveling in the eastbound lanes of Hwy 4. Following the initial crash, the Honda was struck by a Toyota Highlander and was struck a third time by a three-axel tanker truck that were also traveling eastbound. All involved vehicles sustained major damage and came to rest within the eastbound lanes.

Following the crash, the driver of the Dodge fled the scene on foot but was apprehended by Pittsburg Police Department that came upon the scene shortly after.

The Honda was occupied by one adult driver and one adult passenger. The driver sustained fatal injuries and was pronounced deceased on scene and the passenger was transported to the hospital for major injuries. The Toyota was occupied by one adult driver and one infant passenger. Both occupants were transported to the hospital for complaint of pain injuries. The tanker truck was occupied by an adult driver who was uninjured.

According to a Mercury News report, the Contra Costa Coroner’s Office identified the victim as James Kuang age 50. Attempts to reach the Coroner’s Office to determine the victim’s city of residency were unsuccessful Friday.

CHP Contra Costa PIO Adam Lane said Friday that the wrong way driver is Michael Armstrong age 53 of Richmond was booked on charges of murder, DUI resulting in injury, driving the wrong way resulting in injury or death and driving with a suspended license for a prior DUI.

According to Contra Costa DA’s Office PIO Ted Asregadoo, “the suspect was released from custody from the Martinez Detention Facility on Thursday by the U.S. Marshals because of a federal matter. So, CHP will not be bringing the case to the DA’s office for filing charges, today.”

At this time, it is believed drugs and/or alcohol impairment may have been a factor in this crash. This incident is still under investigation. If anyone witnessed this crash, the wrong way vehicle prior to the crash, or the events leading up to the crash, please contact CHP Contra Costa in Martinez at (925) 646-4980. Thank you.

Please check back later for any updates to this report.

Allen D. Payton contributed to this report.

In response to DEIR Restore the Delta claims tunnel project “will not save the Delta”

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Source: Restore the Delta

“The Tunnel Project will not save the Delta, and it probably will not save the State Water Project’s and Central Valley Project’s reliance on Delta exports either.” – letter from Restore the Delta on DEIR

The proposed Delta Conveyance Project (Delta Tunnel) would construct new water intake facilities on the Sacramento River in the north Delta to fill a single tunnel with diverted freshwater flows. That water would be shipped to large farming operations and water wholesalers south of the Delta. The Delta Conveyance project would divert up to 6,000 cubic feet of water per second. The project is estimated to cost between $16-40 billion and won’t be completed until at least 2040.

After the Draft Environmental Impact Report for the Delta Conveyance Project was released in July, the comment period was extended to today, Friday, December 16, 2022. The Draft EIR was prepared by the state Department of Water Resources (DWR) as the lead agency to comply with the requirements of the California Environmental Quality Act by evaluating a range of alternatives to the proposed project and disclosing potential environmental effects of the proposed project and alternatives, and associated mitigation measures for potentially significant impacts.

No decisions will be made on whether to approve the project until the conclusion of the environmental review process, after consideration of public comments submitted on the Draft EIR and issuances of a Final EIR. At that time, DWR will determine whether to approve the proposed project an alternative or no project.

On Wednesday, Dec. 14, 2022, Restore the Delta submitted detailed comments on the DEIR to the DWR.

“The California Department of Water Resources should be embarrassed by the lack of climate change planning in the DEIR for the proposed Delta Tunnel. The DEIR was out of date for climate change science when it was released in July 2022,” said Tim Stroshane, Policy Analyst, Restore the Delta. “If completed in 2040 it will be obsolete, then. Meanwhile, California will have spent big money on a project the state will be unable to use as Delta water levels rise. Instead, we should invest in the resilience of Delta environmental justice communities and the rest of the state for flood and water supplies, reducing the big projects’ reliance on the Delta for future water needs, using water use efficiency and water recycling, and increasing local and regional water supply self-sufficiency to ward off drought and megafloods.”

“DWR has learned nothing since California WaterFix. Their sales pitch, that the tunnel is a climate project, is built on incomplete data and faulty analysis,” said Barbara Barrigan-Parrilla, Executive Director of Restore the Delta. “They have continued their pattern of erasing how the project will impact Delta urban environmental justice communities. And they are minimizing how construction will ruin small Delta farming towns, and the natural resources essential to the cultural and spiritual practices of historic Delta tribes. The tunnel is a failed idea that nobody supports, except for the Department of Water Resources.”

Read the comment letter and attachments by Restore the Delta.

Highlights from the Comments

Environmental impact of Tunnel:

“Reviewing the Executive Summary, we count 17 significant and unavoidable impacts of the proposed Tunnel project on the environment. Among these impacts will be loss of prime agricultural farmland, loss of local non-tribal cultural resources, transportation and air quality impacts, and painful loss of tribal cultural resources. There are other impacts omitted, belittled, or greenwashed by the Tunnel DEIR.”

Flow and salinity impacts when Tunnel in operation:

“The Tunnel Project has region-scale impacts on the Delta, should it be built. The Tunnel DEIRacknowledges that a major operational impact will be, reducing Sacramento River flows (and hence flows to its distributaries in north and central Delta channels) and reducing the estuary’s ability to repel tidal salt waters which are ever-present (see Attachment 9 to this letter). Such operational impacts will have economic and ecological impact on the Delta region, and a Community Benefits Program must be developed to mitigate the economic and ecological effects of Tunnel operations on Delta communities, especially environmental justice communities.”

Failure to consider alternatives:

“DWR in particular is hide-bound in its loyalty to a Delta conveyance approach eclipsed by the emerging and growing effects of extreme heat and extreme storms.

“A huge failure of imagination by DWR is on display in this DEIR. Each of these alternatives is vulnerable to the slings and arrows of expected climate change effects, which we will go into further below when commenting on project modeling methods and results. But what we see displayed in the Tunnel DEIR is a complete failure of state water officials to imagine alternative approaches these last few years since the demise of California WaterFix in early 2019.”

Faulty consideration of Delta Environmental Justice impacts:

“We are deeply disappointed that DWR resorted to ignoring its ‘Your Delta, Your Voice’ Survey as a basis for informing how and what kind of environmental, environmental justice, and community impacts the Delta Tunnel Project would impose on the Delta EJ community both of the direct Legal Delta and of the Delta Region as a whole. It is plainly obvious that 1) the Legal Delta as well as the Delta Region are bona fide environmental justice communities, with relatively small proportions of white and wealthy populations; 2) Delta residents AND Delta region community members rely substantially on the Delta directly, and the north Delta in particular, for subsistence fishing, and it is thus an environmental impact to have both fishing spots taken away from anglers and fish removed from the vicinity for North Delta Intakes construction activities; and 3) in the operational phase, lost flows in the Delta will increase salinity in the Delta as it reduces flows in north and central Delta channels, and thereby contributing to the spread of harmful algal blooms which will disproportionately injure Delta people who rely on fishing and broad outdoor activities to enjoy the Delta. In sum, the Delta Tunnel Project will harm such beneficial users of water as fish, outdoor water-contact recreation, and environmental justice communities.”

About Restore the Delta
Restore the Delta (RTD) is a grassroots campaign of residents and organizations committed to restoring the Sacramento-San Joaquin Delta so that fisheries, communities, and family farming can thrive there together again; so that water quality is protected for all communities, particularly environmental justice communities; and so that Delta environmental justice communities are protected from flood and drought impacts resulting from climate change while gaining improved public access to clean waterways. Ultimately our goal is to connect communities to our area rivers and to empower communities to become the guardians of the estuary through participation in government planning and waterway monitoring. RTD advocates for local Delta stakeholders to ensure that they have a direct impact on water management decisions affecting the well-being of their communities, and water sustainability policies for all Californians.

Allen D. Payton contributed to this report.