6 face possible permanent decertification as peace officers

There have been no arbitrations that have occurred to date according to City staff

“Virtually all will get their jobs back.” – APOA & defense attorney Mike Rains. May call mayor, councilwoman to testify.

“…we are pleased to see that the investigation into these incidents has concluded.” – APOA VP Sgt. Loren Bledsoe

By Allen D. Payton

A report in the East Bay Times on Monday, June 17, 2024, provided information that’s been sought for months by local media about the number of Antioch Police Officers who have been terminated as a result of both the FBI and text scandal investigations over the past two years. According to the report, 10 officers have been fired and the information was based on “recently obtained emails department commanders sent to city officials.”

In the report he cited three more officers who had quit because they, “knew that harsh discipline was imminent, city documents say.” The Times also reported, “six officers were given unpaid suspensions…one received a written reprimand” and “One officer was cleared of wrongdoing.” That doesn’t include former Officer Matthew Nutt who was acquitted by a jury last Thursday of assault against a man he arrested two years ago.

That information was confirmed by Antioch District 2 Councilman Mike Barbanica on Monday which he had just confirmed that with City staff and was given authorization to share it with the media. He said, “10 officers were terminated, three resigned prior to any discipline being implemented, two were demoted, six were suspended and one was cleared of all charges from an independent investigation, not including Matthew Nut.”

The Times’ report claimed, “city officials attempted to fire or discipline several more officers who ultimately won arbitration hearings and got the decisions reversed or reduced, according to multiple officials with firsthand knowledge.”

However, asked about the arbitrations Barbanica said, “I am not aware of any arbitrations that have yet occurred. It doesn’t mean they haven’t.”

Following a call to City staff, in a brief, follow up conversation Barbanica clarified saying firmly, “There have been no arbitrations that have occurred to date.”

Of the 10 officers who were terminated, six also face decertification as peace officers.

APOA Attorney Confident Officers “Will Get Their Jobs Back”

When asked about the 10 terminations, defense attorney Mike Rains, who also represents the Antioch Police Officers Association (APOA), said, “I am confident they will get their jobs back. There were terminations who were charged criminally and those who sent the text messages. We (his law firm) conflicted out of the criminal cases.”

“Nutt wasn’t involved at all in the text case,” he added, referring to former Officer Matthew Nutt who was acquitted by a jury last Thursday of assault for punching and kicking a man who was handcuffs during a traffic stop in 2022. Nutt was fired last June. (See related articles here and here)

“Virtually all will get their jobs back,” Rains stated. “Six cases are pending right now for the texting that were terminated that we represent, that I’m confident they’ll get their jobs back.”

“This is a way overreaction for the text messages on their personal cell phones,” the attorney continued. “The guys who just received them or sent the message back that the City thought was not a condemnation, the City claimed Biased-Based Policing. They threw that out in most of these cases, which is ridiculous. That’s based on officers targeting individuals in the community, that they’re going to get them because of their race and wouldn’t consider targeting people of other races.”

Bias-Based Policing is also known as profiling. According to civilrightspolicing.org, is “Profiling is presuming that someone is involved in criminal activity based on who they are rather than what they have done.”

“The City said, ‘you used a bad word we don’t like, that we think is a racist term and we’re going to fire you for them,’” Rains continued. “Amiri and Rombough had texts that were really offensive. But many of them they were sending they were putting out on chains including 15 people. Some of the officers said they weren’t even reading them.”

As previously reported, Mayor Lamar Hernandez-Thorpe called for the firing of all the officers investigated for the text scandal in May 2023 and again the following month. In May 2023, District 1 Councilwoman Tamisha Torres-Waker also called for the immediate firing of “officers involved in the racist texting scandal.”.

Asked if that tcould affect the officers’ efforts to regain their jobs Rains said, “I’ll probably subpoena Thorpe to testify. I may call her, too.”

“The mayor’s comments about the entire department are completely misleading,” he added.

APOA Responds

In response to the information released about the 10 terminated officers, APOA Vice President Sgt. Loren Bledsoe wrote, “We acknowledge the recent developments regarding the disciplinary actions taken against several Antioch officers. As a union, we are committed to upholding the highest standards of professionalism and integrity within our ranks.

It is important to note that the APOA cannot comment on ongoing personnel matters. However, we are pleased to see that the investigation into these incidents has concluded.

Moving forward, our focus will be on rebuilding relationships with the community and restoring public trust. We understand the significance of fostering positive connections between law enforcement and the people we serve. We are dedicated to working collaboratively with community leaders, organizations, and residents to ensure public safety and promote a sense of security for all.

We remain committed to continuous improvement, education, and training within our department. We will strive to create an inclusive and equitable environment that reflects the values and expectations of the diverse Antioch community.”

6 Face Possible Permanent Decertification

Beyond being terminated from their positions, six former Antioch Police officers face possible decertification. According to the California Commission on Police Officers Standards and Training (POST) police officers can face decertification for Serious Misconduct. That is defined by the Commission as follows:

1. Dishonesty relating to the reporting, investigation, or prosecution of a crime, or relating to the reporting of, or investigation of misconduct by, a peace officer.
2. Abuse of power, including, but not limited to, intimidating witnesses, knowingly obtaining a false confession, and knowingly making a false arrest.
3. Physical abuse, including, but not limited to, the excessive or unreasonable use of force.
4. Sexual assault as described in subdivision (b) of Penal Code §832.7, and shall extend to acts committed amongst members of any law enforcement agency.
5. Demonstrating bias on the basis of actual or perceived race, national origin, religion, gender identity or expression, housing status, sexual orientation, mental or physical disability, or other protected status in violation of law or department policy or inconsistent with a peace officer’s obligation to carry out their duties in a fair and unbiased manner.
6. Acts that violate the law and are sufficiently egregious or repeated as to be inconsistent with a peace officer’s obligation to uphold the law or respect the rights of members of the public.
7. Participation in a law enforcement gang.
8. Failure to cooperate with an investigation into potential police misconduct.
9. Failure to intercede when present and observing another officer using force that is clearly beyond that which is necessary, as determined by an objectively reasonable officer under the circumstances.

Five Types of Decertification

The commission publishes the names of any peace officer whose certification is suspended or revoked and the basis for the suspension or revocation. There are five types of decertification:

Ineligible – An individual has been disqualified from eligibility to be a peace officer based on a disqualifying event as set forth in Government Code section 1029.

Revoked – The peace officer has been decertified and may not exercise the duties and powers of a peace officer. A revocation is permanent, and the certification shall not be reactivated.

Voluntary Surrender or Surrender – A person who holds a certificate issued by the commission, knowingly and willingly, returns the certificate to the commission, forfeiting all rights and privileges associated with that certificate. A “surrender” has the same effect of a revocation in that it cannot be reactivated.

Immediate Temporary Suspension or Temporary Suspension – The immediate suspension of a peace officer’s certification, pending the outcome of an investigation related to allegations of serious misconduct, pursuant to Penal Code section 13510.8(d). The “temporary suspension” may be issued under the following circumstances:

• When a peace officer is arrested or indicted for a felony or other crime listed in GC§ 1029,
• When a peace officer is discharged from a law enforcement agency for serious misconduct, or
• When a peace officer has separated from employment as a peace officer during a pending investigation into allegations of serious misconduct.

The temporary suspension remains in effect until either a final determination is made by the Commission or the Executive Director withdraws the “temporary suspension” if a withdrawal is deemed to be warranted

Suspension – a disciplinary action of the Commission wherein a peace officer certification has been suspended for a specified period of time, not to exceed three years. A peace officer whose certification has been suspended may not be assigned duties which include the exercise of peace officer powers.

The six officers have all been fired from their positions with the Antioch Police Department but each of their certifications as police officers are currently under Temporary Suspension as of Monday, June 17, 2024. The list is updated weekly on Monday mornings:

Current APD Staffing

Interim Antioch Police Chief Brian Addington reported earlier this month to the Police Oversight Commission the names of all the sworn officers currently on the force, including 17 currently on paid leave. As of yesterday, there are now 76 sworn officers in the department out of 115 in the budget approved by the city council and additional officers will be sworn in next week.

5-0 vote costs City $50,000 including attorney’s fees

Mock trial held, court wouldn’t grant officers qualified immunity which contributed to decision

Officers responded to home in Dec. 2020 where he was strangling his mother

Died in the hospital 3 days later while not in police custody

Coroner’s autopsy determined died of drug intoxication, psychiatric conditions, physical exertion and cardiac arrest

Independent toxicology report found presence of Fentanyl in Quinto’s blood in addition to Modafinil and Levetiracetam.

DA reported, “an internal examination showed no bone fractures or damage to Quinto’s larynx and trachea” and “accounts of what transpired in the bedroom are consistent among all witnesses in that no police officer applied pressure to Quinto’s neck.”

By Allen D. Payton During a Closed Session meeting Tuesday night, May 14, 2024, after receiving information from a representative of the County’s insurance pool the Antioch City Council voted 5-0 to settle the lawsuit by the family of Angelo Quinto who died in December 2020 following an interaction with Antioch Police Officers, while attacking his family during a mental health crisis. The council agreed to settle with the family for $7.5 million. The Closed Session agenda item #1 read, “CONFERENCE INVOLVING JOINT POWERS AGENCY – Municipal Pooling Authority and California Affiliated Risk Management Authority (CARMA). Discussion will concern EXISTING LITIGATION pursuant to California Government Code section 54956.9 MARIA QUINTO-COLLINS, et al., v. CITY OF ANTIOCH, et al., United States District Court Northern District of California CASE NO.: 3:21-cv-06094-AMO; Name of local agency representative on joint powers agency board: Thomas Lloyd Smith, City of Antioch; Appearing on behalf of joint powers board: Linda Cox, Municipal Pooling Authority and Amanda Griffith, ERMA (Employment Risk Management Authority).” The Municipal Pooling Authority (MPA) is the County’s insurance pool and along with ERMA and CARMA determined the maximum amount of a settlement they would approve. Had the council not settled and continued fighting the lawsuit, the three authorities would not have paid for attorney’s fees and any settlement or amount determined by the judge or jury. Instead, it all would have had to be paid from the City’s General Fund, most of which pays for the police department. By settling the lawsuit, the City only has to pay its $50,000 deductible including attorney’s fees. Background On Dec. 23, 2020, Officers responded to the home of Quinto’s parents after dispatch received a call that the young 30-year-old Filipino-American Navy veteran was attacking them. As previously reported, Quinto’s sister placed the call telling police Angelo was strangling their mom, and the mother was not breathing. The sister told police Angelo took drugs. The sister had a hammer in her hands, which her brother had taken from her at one point, but she was able to get it back. Upon arrival, officers found Quinto being actively restrained by his mother on a bedroom floor of the home. Although claims were made by his family that officers restrained Quinto by using a knee to his neck for five minutes, that was proven false, as police claimed they had only placed a knee on his back. According to then-Chief Tammany Brooks, “At one point, during the handcuffing, for a few seconds an officer did have his knee across Angelo’s shoulder blade…taught at police academies for prone handcuffing.” Quinto died in the hospital three days later while not in police custody. (See related articles here and here) During Brooks’ report of the incident he said, “I have been in contact with the Coroner’s Office and the following four points have been jointly approved by multiple pathologists related to their findings thus far:

1. Although the decedent had injuries consistent with a struggle with his family and law enforcement, none of the injuries appeared to be fatal.
2. There were no fractures of the skull, torso, or extremities.
3. A full examination of the neck revealed there was no evidence of strangulation or crushed airway.
4. They are currently expanding toxicology testing because they were aware of reported past drug use.”

An autopsy was performed on December 28th by the Contra Costa County Coroner’s Office which ruled Quinto succumbed to excited delirium and prescription drugs during the physical altercation with officers. Further, the cause of death was determined to be Excited Delirium Syndrome due to drug intoxication, psychiatric conditions, physical exertion and cardiac arrest. (Excited Delirium being recognized as a valid medical diagnosis or cause of death has since been outlawed in California with the passage of a bill, AB-360, last October. It prohibits coroners, medical examiners, physicians or physician assistants from listing excited delirium on a person’s death certificate or in an autopsy report). On February 18, 2021, Quinto’s family, through their attorney, John Burris, filed a complaint against the Antioch Police Department. Burris had previously complained the officers didn’t have their body cameras turned on, but the council hadn’t yet approved the purchase of police body cams and the department did not implement them until 2021. On Friday, August 20, 2021, Contra Costa County Sheriff-Coroner David Livingston announced that a coroner’s jury reached a finding that Quinto’s death was an accident, not at the hands of another. Then, in September 2022, Contra Costa District Attorney Diana Becton determined, Antioch Police officers engaged with Quinto in a manner that was lawful and objectively reasonable under the circumstances and an internal examination showed no bone fractures or damage to Quinto’s larynx and trachea. According to the DA’s Office, “A toxicology report by the Coroner’s Office showed that Quinto had the presence of caffeine, Levetriacetam (a therapeutic for adults and children with epilepsy), and Modafinil – a drug to stimulate wakefulness – in his system. The Santa Clara County Medical Examiner-Coroner reviewed the autopsy findings and agreed with its conclusions. “The Quinto family commissioned an independent autopsy, and its findings note the cause of death was restraint asphyxiation. The private autopsy lists petechial hemorrhaging as the basis for such conclusion. An independent toxicology report also found the presence of Fentanyl in Quinto’s blood – in addition to Modafinil and Levetiracetam. “However, of critical importance to the investigation, an internal examination showed no bone fractures or damage to Quinto’s larynx and trachea. While there are conflicting medical opinions as to the cause of death, the accounts of what transpired in the bedroom are consistent among all witnesses in that no police officer applied pressure to Quinto’s neck. “After reviewing the evidence, the method of restraining Angelo Quinto by Antioch Police officers on December 23rd was objectively reasonable under the totality of the circumstances. Therefore, when applying the applicable law and the California District Attorney’s Uniform Crime Charging Standards, there is no evidence of a criminal offense committed by the Antioch Police officers involved in restraining Angelo Quinto.” Yet, according to a March 16, 2023, report by the San Francisco Chronicle, “During a deposition, the county contract doctor acknowledged the possibility that Quinto died of asphyxiation from restraint, according to a court filing by attorneys for Quinto’s family.” Councilmembers’ Actions, Comments Prior to Settlement The settlement vote by three of the council members was to be expected as they’ve been sympathetic and apologetic to Quinto’s family. During the council meeting on Oct. 25, 2022, Mayor Lamar Hernandez-Thorpe and Mayor Pro Tem Monica Wilson wore T-shirts with the message, “Justice for Angelo Quinto”, Wilson proposed naming the City’s emergency response team after the young man, which was supported by the entire council, and District 1 Councilwoman Tamisha Torres-Walker said, “I want to say to the Quinto family, you lost your son, that’s how we got here. Your loss has spurred some change, but it didn’t have to happen.” (See related article and the 2:35:42 mark of the council meeting video) In addition, Torres-Walker wore the same shirt at a later time and event. Plus, the mayor has repeatedly, falsely claimed Quinto died while in police custody. But the unanimous vote in favor of an out-of-court settlement was not expected. Barbanica Explains Reason for Settlement About his vote for the settlement, District 2 Councilman Mike Barbanica said, “these are extremely difficult cases. I’ve been very clear in open session that the DA’s office and Coroner’s inquest did not find that he died at the hands of the officers. I let those investigations speak for themselves. There was no criminal wrongdoing by any of the police officers.” “But when the insurance pool is paying for the City’s legal defense, if the council declines a settlement offer presented to them, and decides to continue to fight it, then the City will pay potential attorneys’ fees and any judgement that holds the City responsible,” Barbanica explained. “The City is paying $50,000 which includes attorney’s fees, and the insurance pool is paying up to the balance of $1 million, which is common in any settlement, limiting the exposure to the City’s General Fund.” “Once you get to $1 million, it kicks over to secondary insurance which paid the remaining $6.5 million balance,” he added. “In addition, the court did not grant the officers in the case qualified immunity. If we had continued in this case, we don’t know what it would have meant for the officers,” he stated. “The city attorney also made a very wise decision to hold what is called a mock trial in this case and is done in secrecy.” “That was all done during the course of the lawsuit with an actual jury because he wanted to know any potential outcome. Those were factors that went into the decision-making on the settlement,” Barbanica explained. “This was not a haphazard decision. There was a lot of research, and all of this was done prior to them coming to us with a proposed settlement.” Ogorchock Offers Her Reasons for Settling When reached for comment explaining her reason for supporting the settlement, Ogorchock said, “As with any lawsuit, if they would have found even one percent liability by the City, it could have opened up the General Fund to pay more than what was paid.” Asked if the insurance authorities said why they felt a jury would have been sympathetic to the family instead of the City, Ogorchock would not get into the details from the Closed Session discussion. Asked about who represented the City, Ogorchock said, “the city attorney (Thomas L. Smith) chose the attorney to represent the City in the case.” “We settled the case based on the city attorney’s and the insurance carrier’s advice. If we hadn’t, it would have opened up the City to the liability,” she added, reiterating the information shared by Barbanica. “In litigation cases, MPA will give us their advice and if we even have a small percentage of liability they will recommend a settlement amount. We as council, can choose to either accept or reject MPA’s recommendation. If we reject it, then we as the City take on the full, potential liability costs.” However, later Barbanica said, “The city attorney chose the attorney from a list of attorneys from the pooling authority.” Questions for City Attorney, Acting City Manager, Interim Police Chief The background information shared above, and the following questions were sent Tuesday night to City Attorney Thomas L. Smith, Acting City Manager Kwame Reed and Interim Police Chief Brian Addington: “Who represented the City in court against the lawsuit by Angelo Quinto’s family including the names of the law firm and attorneys? If the case had not yet been presented to a jury, were there any preliminary rulings by a judge in favor of Quinto’s family? Why settle if all the facts were in favor of the Antioch Police officers? What were the determining factors by the Municipal Pooling Authority, CARMA and ERMA which caused them to recommend settlement instead of defending the City and why that amount? Were any of the officers who responded to the Quinto home subjects of either the FBI investigation into ‘crimes of moral turpitude’ or the racist text scandal? If so, was that the reason for the settlement, the fear a jury would side against those officers and in favor of Quinto’s family? What language is included in the settlement? Does it claim culpability by the officers? According to then-Police Chief Tammany Brooks, Quinto was not in custody at the time he died in the hospital on Dec. 26, 2020. Is that correct? If not, when did that information get changed?” They were also asked for copies of both the lawsuit and any and all settlement documents. They did not respond prior to publication time. Please check back later for any updates to this report.