Contra Costa Herald

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

National Prescription Drug TAKE BACK Day is Saturday, April 22

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Photo: CCCSheriff

On Saturday, April 22, 2023, from 10 AM to 2 PM, the Contra Costa County Office of the Sheriff and the Drug Enforcement Administration (DEA) will give the public another opportunity to prevent pill abuse and theft by ridding their homes of potentially dangerous expired or unused prescription drugs.

“The Take Back event is a great opportunity to dispose of unwanted medication in our homes,” said Contra Costa Sheriff David Livingston. “These drugs could fall into the wrong hands or harm family members. Take Back helps prevent drug addiction and overdose deaths.”

Needles and sharps cannot be accepted; only pills, patches, and liquids sealed in their original container will be accepted. Vape pens or other e-cigarette devices from individual consumers are accepted only after the batteries are removed from the devices.

The service is free and anonymous, no questions asked. Bring your pills for disposal at the following sites:

DROP OFF LOCATIONS

-Sheriff’s Office Muir Station, 1980 Muir Road, Martinez

-Sheriff’s Office Bay Station, 5555 Giant Highway, Richmond

Sheriff’s Office Valley Station, 150 Alamo Plaza, #C, Alamo

-Delta Station/Discovery Bay Annex 1555 Riverlake Rd., Discovery Bay

-Danville Police Department, 510 La Gonda Way, Danville

-Lafayette Police Department, 3471 Mt. Diablo Blvd., Lafayette

-Orinda Police Department, 22 Orinda Way, Orinda

For more information about the disposal of prescription drugs, locations, or the Take Back event, visit: https://www.dea.gov/takebackday.

 

Evidence of Lafayette man wrongfully convicted in 2005 high-profile murder presented to city council

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Antioch private detective helps compile report, seeks public’s help in pressuring officials

By Robert J. Hansen

Scott Dyleski at age 16 in his Lafayette home. (Courtesy of scottdyleski.org)

In 2005, 16-year-old Scott Dyleski was arrested and subsequently convicted for the murder of Pamela Vitale, the wife of nationally-recognized legal analyst and attorney Daniel Horowitz.

Private detective Ralph Hernandez and another seeker of justice, John Fitzgerald, presented a wealth of information suggesting Dyleski is innocent and was possibly framed for the murder to the Lafayette City Council at its April 10 meeting, urging the council to pressure the Contra Costa District Attorney’s Office to review Scott’s case.

“The actual murderer, or murderers, are still walking around Lafayette,” Fitzgerald said. “One of them was married to the woman that was murdered.”

Of the evidence Fitzgerald shared, the most convincing was the three K-9s who repeatedly led officers to a trailer on the property rather than following the trail that led back to Scott’s house.

“Nobody found out about this because it was never reported,” Fitzgerald said.

In the trailer were pinkish-red water in the sink, clothes soaking with blood on them, and a picture of the victim on them, according to Fitzgerald.

Many key items of potentially exculpatory physical evidence were not properly examined, according to a 2009 forensic report.

“These are items that were likely used by or associated with the offender during and after the commission of the crime. Flawed methodology and subsequent false testimony are beneath best practice, and raise the specter of potential fraud,” the report said.

Hernandez has over 50 years of investigative experience in public safety matters and is considered a national expert on investigating homicides. He began investigating Dyleski in 2011, six years after Dyleski was arrested, prosecuted and convicted of a murder Hernandez believes he did not commit.

“Scott Dyleski did not murder Pamela Vitale in your city, somebody else did,” Hernandez told the council.

Hernandez submitted a request to the Contra Costa DA’s Conviction Integrity Unit to review Scott’s case over four years ago.

After a couple of years and not hearing back from the Contra Costa DA office, Hernandez wrote a formal complaint about the DA to the Contra Costa County Board of Supervisors.

The complaint to the county, Hernandez said, has also gone unanswered.

Lafayette city council has not told Hernandez what they thought about the evidence he showed them, nor if they have any plans on getting involved.

Fitzgerald said his and Hernandez’s comments to the council sparked a community response that has led to several phone calls being made to the Contra Costa DAs office.

Scott Dyleski was sentenced to Life Without Parole in September of 2006 and transferred to San Quentin Prison on his 18th birthday, becoming the youngest inmate in the California prison system at that time.

He has since been moved to Kern Valley State Prison.

Hernandez says the public’s help is going to be needed in pressuring their elected officials to take action.

“As elected officials, they have sworn an oath to make sure the government works for the people, including the District Attorney’s Office,” Hernandez said.

This story is part of a rolling-investigative series.

Robert J Hansen is an investigative journalist with The Davis Vanguard, Newsbreak.com and is published in The Sacramento Observer.

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.

East County NAACP requests federal oversight of Antioch Police Department

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Says it’s “known as…the most corrupt police department in Contra Costa County”; wants officers in jail

It has taken me more than two days of reading through the vile, malicious texts written by 20% of the Antioch Police Officers.  Citizens are appalled by Officers who were sworn to protect and serve the residents of Antioch.

These Police Officers are under investigation on paid administrative leave, this is unacceptable. Residents are paying for moderate salaries to the Police Officers with funds from Measure C and W. These officers should be proud they have risen above the corruption of the Oakland Riders.

Antioch PD has a known reputation in the Bay Area as the most corrupt police department in Contra Costa County.  The NAACP has reported numerous complaints about the policing practices of the Antioch Police Department. While trying to retrieve information from the department, there was always the blue wall of stonewalling done, even with the Chief of Police Tammany Brooks.

We have a district attorney who has heard the pleas of residents of police brutality by this Police Department. Many thanks to the DA and FBI unit for coming to the aid of these victims.

No apologies from the Police Department, City Manager, Chief of Police or the City Council of Antioch will ever return the lives of a child or loved one to their families or return the life loss of an innocently incarcerated resident.

Citizen expectations are transparency in the investigative process. We are asking for indictments, convictions, and prison time suitable for the crime committed to those who were injured or injuries resulting in death.

Our request would be no possibility of “Pass Go and collect generous pensions”. We are no longer accepting light sentences; we want police officers who commit such heinous crimes to go directly to jail. These officers should never have the opportunity of returning to any aspect of law enforcement again.

East County NAACP is requesting Federal Oversight of the Antioch Police Department immediately.

Odessa Lefrancois, President

East County NAACP

 

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

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Won’t say who sent the report or to whom; issues further redacted second report

By Allen D. Payton

After a second, 14-page investigative report on Antioch Police Officers’ racist texts was leaked and posted on social media on Saturday, April 15, questions were sent to DA’s Office PIO Ted Asregadoo that day asking to whom the report was sent, why it was prepared separately from the 21-page report, why it wasn’t sent to the media and was it intended to be shared with the media. He was also asked how the East Bay Times obtained it earlier in the week, was it leaked by someone in the DA’s Office and if so, who. Finally, Asregadoo was asked if there is an investigation in the DA’s Office to determine who leaked the 21-page report and this other, 14-page report.

Asregadoo responded Monday morning, “Our inspectors have investigated the matter and determined someone outside of our organization disclosed the reports to the public and press.”

He was then asked again, to whom were the redacted reports sent from the DA’s Office and who sent them.

Asregadoo also sent out the following press release about the matter, and provided a further redacted copy:

“The Contra Costa District Attorney’s Office has made a second investigative report available to the public. Like the previous report, this one also details texts and images sent and received by certain members of the Antioch Police Department in March 2021.

On April 7, 2023, the court ordered the DA’s Office to disclose redacted investigative reports to defense attorneys representing clients in a felony criminal case. The judge issuing the order reminded defense counsel about the sensitive nature of the content of the reports and urged caution in its distribution beyond the parties involved in the criminal case. The District Attorney’s Office agreed with the court advisory — as the documents contained explicit words and images that are hurtful, offensive, and inflammatory.

Media interest in accessing the second report increased over the weekend when a copy of it was leaked to the press and public by an individual or group outside of the DA’s Office.

Like the 21-page report that the DA’s Office made available on April 13, 2023, a redacted copy of a 14-page investigative report is available to view. The DA’s Office added further redactions to balance public interest with the sensitive nature of what is contained in the report.

To view or download the redacted report, click here.”

Contra Costa Public Defender wants DA to drop all cases, release suspects of Antioch Police Department

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Claims “At least 45 APD officers were on the text chains”

“I request you immediately dismiss all pending Public Defender cases involving APD, agree to release our incarcerated clients, and cease filing any APD related cases.” – Public Defender Ellen McDonnell

“Text messages… reveal a deeply entrenched, department-wide culture of racism, homophobia, targeted violence against Black people, selective enforcement of laws against Black people, fabrication of evidence, and utter disregard of civil and human rights.”

By Allen D. Payton In response to the reports of Antioch Police Officers’ racist texts released this past week, Contra Costa Public Defender Ellen McDonnell sent a letter to DA Diana Becton on Friday, April 14, 2023, requests she “dismiss all pending Public Defender cases involving APD, agree to release our incarcerated clients, and cease filing any APD related cases.” (See related articles here and here) McDonnell had previously asked Becton to pause all criminal filings and prosecutions of the Antioch officers involved in the text scandal and investigation. Now, based on the additional information that more officers including department leaders were included in the text messages exchanged, she’s requesting much more. Public Defender Letter to DA Becton_4-14-22 McDonnell’s letter reads as follows:

April 14, 2023

Diana Becton

Office of the District Attorney

900 Ward Street Martinez, CA 94553

Dear Diana,

I am in receipt of redacted versions of Contra Costa County District Attorney Senior Inspector Larry Wallace’s investigative reports.1 The Antioch Police Department (APD) text messages discussed in the reports reveal a deeply entrenched, department-wide culture of racism, homophobia, targeted violence against Black people, selective enforcement of laws against Black people, fabrication of evidence, and utter disregard of civil and human rights. At least forty-five APD officers2 were on the text chains disclosed thus far. The officers run the gamut from patrol officers to lieutenants. Of the twelve non-CSO senior officers3 in APD’s investigations bureau4, eleven were recipients or active participants in the text chains. The president of the Antioch Police Officers Association, an APD sergeant, was actively involved. Even the internal affairs sergeant participated in the group sending these vile text messages.

At least sixteen of the forty-five officers are in leadership roles at APD as detectives, sergeants, and lieutenants showing they endorsed and shared in these views.

The public simply cannot have trust or confidence in any criminal prosecution involving APD. No one should be charged with a crime based on the report of a police department so thoroughly riddled with corruption. I request you immediately dismiss all pending Public Defender cases involving APD, agree to release our incarcerated clients, and cease filing any APD related cases.

Following up on my March 30, 2023 letter, incorporated by reference, I request you identify all law enforcement officers involved in the text messages (whether as active participants or recipients), as well as all Public Defender and Alternate Defender pending and closed cases where the officers were involved in the investigation. I also request that you provide unredacted copies of Inspector Wallace’s reports and further disclose all of the text messages themselves.

The vile text messages were apparently discovered while investigating other acts of moral turpitude by members of APD and the Pittsburg Police Department (PPD). News reports have characterized the acts being investigated as “using cocaine and steroids, cheating on tests or misrepresenting their own training, and assaulting people, among other offenses”5 and “trying to fraudulently obtain college degrees in order to collect pay bumps.”6 At least one PPD officer has been charged with selling AR-15 firearms. {People v. Armando Montalvo, Contra Costa Superior Court docket no. 01-22-02142.)

News reports indicated a grand jury was convened and indictments were expected in or around December 2022.7 It has now been over a year since the news first broke of your office’s joint investigation with the Federal Bureau of Investigations of criminal conduct by APD and PPD police officers. I request information regarding the status of this investigation and its estimated end date.

Following up on my March 28, 2022, letter, incorporated by reference, I request you identify all APD and PPD officers that were or are being investigated for crimes of moral turpitude, as well as all Public Defender and Alternate Defender pending and closed cases where the officers were involved in the investigation. I further request you provide police reports and other investigative materials without insisting on a protective order. The extent of the hatred and lawlessness that has recently been revealed within APD is unfathomable. Continuing to prosecute the victims of APD’s targeted, violent, racist policing while simultaneously shielding the officers’ identities and the full extent of their misconduct and criminal activities is manifestly unjust. I request immediate full discovery and complete transparency. Please see the attachment for a specific list of items requested.

Thank you in advance for your assistance and cooperation with this matter. If you have any questions about this request, please let me know. I look forward to discussing this matter with you on Monday, April 17 at 1:00 p.m.

Sincerely,

Ellen McDonnell

Public Defender Contra Costa County

1 Nos. 01-1046493/21-001905, dated March 28, 2023, and 013-1046493, dated March 27, 2023.

2 As of March 14, 2019, APD’s roster contained 115 staff. Assuming the current roster is similarly sized and consists entirely of sworn officers, approximately 40% of APD officers are party to the text message chains.

3 Nine are detectives, two are sergeants and one is a lieutenant. 

4 https://www.antiochca.gov/police/contact-information/

5 https://www.mercurynews.eom/2022/09/10/exclusive-fbi-criminal-investigation-of-antioch-pittsburg-cops-grows-grand- jury-convening/

6 https://www.ktvu.com/news/antioch-pittsburg-police-under-investigation-for-ffaudulent-college-degrees-report

7 Id.

Attachment to April 13,2023 Letter to Diana Becton – Discovery Request

This discovery request is made pursuant to the United States Constitution, Amendments V, VI, and XrV; Brady v. Maryland (1963) 373 U.S. 83 and its progeny; California Penal Code section 1054,1; and California case law. The requested material does not constitute personnel records protected by Pitchess, as it was not generated in coimection with appraisal or discipline, was generated independently of internal investigation, and arose in the context of a criminal investigation. {Pasadena Police Officers Association v. Superior Court (2015) 240 Cal.App.4th 268, 287-288, 292; City of Eureka v. Superior Court (2016) 1 Cal.App.5th 755.) Please provide the following materials:

  1. A list of all Antioch Police Department (APD) and Pittsburg Police Department (PPD) officers being investigated by Contra Costa District Attorney’s Office and/or the Federal Bureau of Investigations for acts of moral turpitude;
  2. Investigative reports, recordings, videos, phone records, and/or any other materials gathered during the course of the investigation, in complete and unredacted form, without any limiting protective order;
  3. A list of all law enforcement officers involved in the text chains that were discovered by your office during the investigation of acts of moral turpitude, and the agency each officer is employed by;
  4. Unredacted copies of any reports regarding the text messages, including but not limited to Contra Costa County District Attorney Senior Inspector Larry Wallace’s reports;
  5. Copies of all the text messages discovered to date, including any that may have also been sent or received by PPD officers or officers in any other law enforcement agencies;
  6. Any other investigative reports, recordings, videos, phone records, and/or any other materials gathered during the course of investigating the text messages, in complete and unredacted form, without any limiting protective order;
  7. A complete list of all pending and closed Public Defender and Alternate Defender cases in which the officers engaged in the text messages, whether as recipients or active participants, and/or under investigation for crimes of moral turpitude, were involved;

Please consider this request as ongoing. As your office obtains new material, please continue to provide complete, unredacted discovery and provide an updated list of affected cases.”

Questions for DA Becton, Antioch Police Chief Ford

Becton and Antioch Police Chief Steve Ford were asked via email Saturday afternoon if they had responses to McDonnell’s request.

4/17/23 UPDATE: DA’s Office PIO Ted Asregadoo responded Monday morning, “DA Becton and PD McDonnell are scheduled to meet this afternoon at 1 pm at the DA’s Office on Ward Street in Martinez.”

Please check back later for any additional other updates to this report.

 

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

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

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

WARNING: Contains offensive language

By Allen D. Payton

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

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

Examples of Text Messages

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Only One Reference to Officers Being Corrected by Department Leader

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

Text Exchange Between Rombough & Postal Inspector Garcia

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

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

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

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

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

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

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

Questions for DA’s Office

Questions were sent to DA’s Office PIO Ted Asregadoo Saturday afternoon asking to whom the report was sent, why it was prepared separately from the 21-page report, why it wasn’t sent to the media and was it intended to be shared with the media. He was also asked how the East Bay Times obtained it earlier this week, was it leaked by someone in the DA’s Office and if so, who. Finally, Asregadoo was asked if there is an investigation in the DA’s Office to determine who leaked the 21-page report and this other, 14-page report.

4/17/23 UPDATE: Asregadoo responded Monday morning, “Our inspectors have investigated the matter and determined someone outside of our organization disclosed the reports to the public and press.”

He was then asked again, to whom were the redacted reports sent from the DA’s Office and who in the DA’s Office sent them out. Asregadoo later sent out a press release about the matter with a further redacted copy of the 14-page report.

 

 

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

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

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

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

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

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

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

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