Contra Costa Herald

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

Contra Costa Supervisors to discuss proposed $5.5 billion Fiscal Year 2023-24 budget Monday

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Source: Contra Costa County

By Allen D. Payton

The Contra Costa County Board of Supervisors will discuss the $5.515 billion Fiscal Year 2023-2024 Recommended Budget at 9 a.m. on Monday, April 24.

New this year is an updated online version, which increases accessibility through easier navigation, interactive content, additional performance measures, and customizable PDF printing options.

“This structurally balanced budget continues to reflect years of careful, comprehensive, and continuing review and refinement of our operations to cope with economic challenges.” said County Administrator Monica Nino. “At every opportunity, we continue to make changes to deliver services that residents need and expect from County government in ways that are more efficient and less costly.”

According to Nino’s report to the Board, “It is anticipated this year will be one of status quo in the delivery of services besides those program enhancements that are in the startup phase from the benefit of the Board-allocated Measure X funds for specific purposes. The increase in salaries and benefits totals $126.3 million, largely due to the second year of a 5% cost of living increase for over 80% of the County workforce received as part of a four-year labor agreement.

The Recommended Budget includes funding for 11,127.6 full-time equivalent positions (FTE), of which 6,836.4 are in the General Fund. The recommendation includes 85.4 new (60.0 General Fund) positions to be added for the fiscal year 2023-2024 (FY23-24). To structurally balance the budget, a number of our General Fund departments continue to have vacancy factors built into their recommended budget allocations. A vacancy factor accounts for cost savings related to personnel vacancies occurring within departments during the fiscal year. During the development of the Recommended Budget, there were approximately 2,013 vacant FTE positions, totaling $305.0 million, of which 1,395 FTE totaling $204.9 million are General Fund supported. Due to difficulties in recruitments, retention, and normal turnover, the following nine departments are maintaining vacancy factors totaling $101.5 million: Health Services, Sheriff-Coroner, Employment and Human Services, District Attorney, County Clerk-Recorder, Probation, Public Defender, Animal Services, and Assessor. We have continued the process of eliminating vacant/unfunded positions with the goal of more easily identifying funded vacant positions requiring recruitment during the fiscal year.

Source: Contra Costa County

General Purpose Revenue for FY23-24 totals $725.1 million, an increase of 9.3% over the prior year budget of $663.6 million. Of the major revenue sources, property taxes are the largest category and total $496.9 million, based on an assumed 4% growth over current year projected collections. The next largest sources are Measure X sales tax at $118.2 million, interest income at $30 million, and sales and use taxes at $22.2 million. Interest income is projected to be received close to double in FY22-23 of what is budgeted for FY23-24; this is as a result of increases in interest rates. This economic benefit is projected not to last and actual interest earnings will be monitored during the new fiscal year in the event an adjustment is necessary.

The following items are potential pressures to the recommended spending plan.

  • Persistent high inflation and economic uncertainty;
  • Unanticipated impacts from the Governor’s May Revised Budget proposal and shortfalls in Federal allocations;
  • Decreasing County revenue growth;
  • Disallowed FEMA reimbursement related to COVID-19;
  • Labor contract negotiations for agreements expiring June 30, 2023; and
  • Limited qualified workforce to fill job vacancies

The majority of the budget ($2.876 billion) is funded from State and Federal revenues. This means that for the majority of the programs funded, a program cut would also result in a loss of the revenue associated with the program. Salary and Benefit costs are broken out to show the growth, which consumes 37% of the County budget.”

Among the recommended budget highlights provided by Supervisor Diane Burgis’ office are:

  • Adds 26 positions in the Employment and Human Services Department to improve children and family services; youth programming and workforce development; In-Home Supportive Services case management; senior nutrition programs; CalAIM implementation; diversity, equity, and inclusion; and associated programs.
  • Adds three full-time Animal Services Officers to increase beat coverage and improve response times to dangerous animal cases and an additional two full-time positions focused on transfer partner and adoption programs and lost and found programs.
  • A $10 million allocation toward developing a new Bay Point Library branch. The branch is a new 10,000-20,000 square-foot space constructed in partnership with an affordable housing project.
  • $10 million in capital funding to provide a local match for grants that would allow the County to leverage state and federal funds for large infrastructure projects, such as roads and bridges, as part of the federal Infrastructure Investment and Jobs Act.

The Board discussion is tentatively scheduled to continue at 9 a.m. on Tuesday, April 25, if additional time is needed. The Board is scheduled to adopt the final budget on Tuesday, May 23.

 

Park District launches Trail Use Pilot Project at Briones Regional Park

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Source: EBRPD

By Dave Mason, Public Information Supervisor, Public Affairs, East Bay Regional Park District

Today, April 21, 2023, the East Bay Regional Park District is launching a temporary, two-year pilot project at Briones Regional Park, in the hills between Lafayette, Pleasant Hill and Martinez, to test a variety of trail management strategies. The Briones Pilot Project will provide new temporary access to some trails for recreational use, while also restoring illegally constructed “bootleg” trails to protect wildlife and enhance natural habitats.

The pilot project is limited to a specific zone in the northeast corner of Briones Regional Park (see map). Project objectives include protecting resources, habitat, wildlife, and watersheds; restoring natural habitat by closing illegal bootleg trails in the pilot project zone; enhancing the trail user experience; and, increasing volunteer engagement in trail maintenance and habitat restoration.

“The goal of the pilot project is to identify options that balance recreational needs and environmental protection, given that the use of parks and trails has increased significantly in the Regional Parks over the past several years,” said Park District Board President Dennis Waespi. “The project will test innovative ways to share the trails, reduce conflicts, and improve the overall visitor experience, while also preserving natural habitat and protecting wildlife.”

The Briones Pilot Project establishes specific rules limiting trail use within the project zone and for two trail segments adjacent to the zone, such as hiking only, biking only, or biking/hiking only, and direction of travel. On weekends, trail use within the Pilot Project Zone will alternate days between bicycle and equestrian use based on odd and even calendar dates (see table).

Source: EBRPD

Pilot Zone Schedule & Restrictions

The special rules below apply ONLY to trails within the pilot zone. Additional information on pilot project schedule and restrictions, visit the project webpage at ebparks.org/briones-pilot-project.

Restoring Illegally Built “Bootleg” Trails:

Another key component of the project is the restoration of illegally built “bootleg” trails to protect natural habitat for wildlife. These trails are often not built to sustainable trail standards with appropriate drainage and avoidance of sensitive natural habitats. Illegal trails can have negative impacts on wildlife and watersheds.

“Protecting wildlife and restoring natural habitats are top priorities of the Park District and this pilot project,” said Park District General Manager Sabrina Landreth. “The project will test a variety of trail management strategies. It will be a dynamic process as data gets collected to help inform ways for users to share trails and enjoy our parks recreationally. As we launch this pilot, we look forward to the public’s feedback and cooperation.”

How Trail Users Can Help:

Engaging with the trail user communities to maintain trails and restore habitat is one of the pilot project’s objectives. There will be many opportunities for people to volunteer to improve select trails and restore habitat. The first Briones Pilot Project Public “Dig Day” is scheduled for Saturday, May 13, 2023, from 9:00 a.m. to 2:00 p.m. at the Alhambra Creek Staging Area. Sign up at www.ebparks.org/parks/briones/briones-pilot-project#Event

For more information about the Briones Pilot Project, visit ebparks.org/briones-pilot-project.

The East Bay Regional Park District is the largest regional park system in the nation, comprising 73 parks, 55 miles of shoreline, and over 1,300 miles of trails for hiking, biking, horseback riding, and environmental education. The Park District receives more than 25 million visits annually throughout Alameda and Contra Costa counties in the San Francisco Bay Area.

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

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The parties to the lawsuit from pages 1 and 2.

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

By Allen D. Payton

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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