Contra Costa Herald

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Contra Costa supervisors vote 5-0 to settle sexual harassment claims against Antioch Mayor Thorpe

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Former LMCHD executive director and Antioch Mayor Lamar Thorpe.

While executive director at now-defunct healthcare district for $350K; he denies accusations

Mayor pro tem, councilwoman call for his resignation

By Allen D. Payton

On Tuesday, Sept. 13, 2022, the Contra Costa County Board of Supervisors voted unanimously to settle claims against Antioch Mayor Lamar Thorpe by two former female employees for $350,000 from when he was executive director of the now-defunct Los Medanos Community Healthcare District. Then in a press conference held Thursday afternoon, Mayor Pro Tem Mike Barbanica and District 3 Councilwoman Lori Ogorchock called for Thorpe to resign as mayor.

The healthcare district was disbanded, earlier this year, the county acts as the successor agency and now, receives the annual revenue estimated at $1.1 million.  (See related article)

The women, whose names were provided in the documents as Bay Point resident Jasmine Cisneros and Antioch resident Jocelyn Munoz, filed their claims on February 22, 2022. The two made multiple accusations against Thorpe both on formal government forms and in a resignation letter from Munoz to healthcare district board president, Patt Young, including inappropriate touching and an incident of groping Cisneros while at a California Special Districts Association conference in Monterey.

Formal Claims

Cisneros claimed she worked for the healthcare district “as a Community Outreach Specialist from approximately early 2020 to November 4, 2021, when she was forced to resign her employment. Ms. Cisneros resigned due to sexual harassment, unwanted sexual advances, hostile working conditions, and other unlawful actions resulting from Executive Director Lamar Thorpe’s misconduct, and the District’s inaction, despite having knowledge of that misconduct. Ms. Cisneros has been injured as a result of Thorpe’s misconduct and the District’s inaction. Thorpe’s unwanted sexual advances, harassment, and other unlawful behavior continued until Ms. Cisneros resigned. Ms. Cisneros was forced to resign her employment as a result of Thorpe’s misconduct and the District’s inaction and has been harmed economically in the form of lost wages and emotional distress damages.”

Munoz claims she worked for the district “for approximately eight months, from early 2021 to September 2, 2021, when she was forced to resign her position. Ms. Munoz’s [sic] resigned due to sexual harassment, unwanted sexual advances, hostile working conditions, and other unlawful actions resulting from Executive Director Lamar Thorpe’s misconduct, and the District’s inaction, despite having knowledge of that misconduct. See Exhibit A (Resignation letter). Thorpe’s unwanted sexual advances, harassment, and other unlawful behavior continued until Ms. Munoz resigned on September 2, 2021. Ms. Munoz has been injured as a result of Thorpe’s misconduct and the District’s inaction. Moreover, Ms. Munoz was forced to resign her employment as a result of Thorpe’s misconduct and the District’s inaction and has been harmed economically in the form of lost wages and emotional distress damages.”

Both claims show the amount of compensation sought “Exceeds $10,000”.

Munoz’s Resignation Letter Provides Details

In her resignation letter dated Sept. 3, 2021, Munoz provided details of two incidents involving Thorpe, including one at an Antioch restaurant and another during an out-of-town conference at both ladies, one of their partners and Thorpe stayed the night in a hotel. It also mentions “many levels of harassment and very high levels of hostile working conditions from board members and management. LMCHD has a culture of disrespect, bullying and harassment,” including “board members berating staff during public meetings”.

“In the season of the AB 903 celebration in early July 2021, my partner and I met with the executive director for LMCHD, Lamar Thorpe at La Plazuela in Antioch, CA to socialize and celebrate the win,” she wrote. “While we were seated, Lamar came between my partner and I, looked down at my leg and grabbed my leg; specifically my calf. While still holding my calf, he acknowledged the act and said, ‘this is sexual harassment, should I stop’ and let go. In that same instance, my partner and I agreed to his statement and said, ‘yeah what are you doing?!’ Being fearful of my job, status and Lamars [sic] social status as Mayor of Antioch and executive director I felt his simple acknowledgement was sufficient and I physically moved on, but mentally I still felt trapped.”

“Following the traumatizing experience, I witnessed another horrifying act on August 30, 2021 at the CSDA conference where I saw Lamar inappropriately grope my colleague when we (my partner, my colleague and executive director) were out socializing and walking back to our hotel,” her letter continued. “Immediately following the grope, my colleague got my undivided attention, looked me in the eyes and said, ‘PLEASE walk me back to my room’. My partner and I escorted my colleague to her room, and Lamar opened his hotel room door to check on us and gave us a sinister look. At that moment, my partner and I left to our hotel room.”

“The next day on August 31, 2021 my colleague, my partner and I went to lunch and were discussing what other seminars to attend, that’s where Lamar joked about attending the ‘sexual harassment training and prevention’ and also joked about the inappropriate grope that happened the night before,” Munoz wrote. “Later that evening of August 31, 2021 my colleague, my partner and I were having dinner and Lamar texted us ‘are y’all coming to this reception?’ referring to the conference networking mix and mingle. We did not respond and saw Lamar walk by our table and he ignored us. A few minutes later Lamar approached our table and said ‘hey haters!’ and made two inappropriate hand gestures, showing his middle fingers and walked away.”

On the “evening of September 1, 2021 Lamar texted my colleague and I ‘yo, ya’ll wanna go to Rolando’s house’. I politely declined, and then I heard a knock at my hotel room door. I did not answer fearing that it was Lamar. A few seconds later Lamar called and asked if I was in my room, confirming that the knock was him. He requested to meet with me to have a discussion,” the letter continued. “During the discussion he acknowledged the level of discomfort that he was feeling about the conversation and also stated that he didn’t want to have it. He opened with ‘are we cool?’ At that moment I felt cornered, trapped, triggered and manipulated into having to relive the events that happened on Monday night. The conversation went on for 15 minutes to which he was trying to get a temperature check on the situation at hand. At the end of the conversation, he asked what he could do to make things better. We met up with my partner inside the restaurant where he then approached my partner apologized to him, shook his hand and excused himself.”

“The final day, September 2, 2021 as we were all exiting the conferenced, I approached Lamar…he then proceeded to walk with me and said, ‘you still don’t seem ok’ referring to the events from Monday and the conversation we had the night before…I quickly made an excuse to try to avoid anymore discussion regarding Monday night, but that didn’t help and I ended the conversation by stating I wouldn’t be comfortable with anymore continued unwanted advances,” Munoz added.

“I hope this reveals the level of unprofessionalism at LMCHD, and I hope that this matter gets resolved in the best and most appropriate way. These past events have severely hindered my efficiency at work, my mental health and I don’t know how I can support LMCHD as an employee,” the letter concluded.

No Admissions in Settlement Agreement

The settlement agreement signed in August by the two women and a representative of the county’s Risk Management, includes a “No Admissions” clause. That reads, “It is understood and agreed by the PARTIES that the promises and payments and consideration of this Agreement shall not be construed to be an admission of any liability or obligation by any Party to another Party, the District, the County, Thorpe, or any other person, and the Releasees expressly deny that they have breached any duty, obligation or agreement, or engaged in any tortious or wrongful activity, or that they are liable to the Claimants or any other person or party in any way, or that any injuries, damages or harms of any kind have been sustained by the Claimants.”

Supervisors Explain Their Votes

Each of the county supervisors were asked why they voted to settle the claims. Board Chair Karen Mitchoff responded via email writing, “An independent investigation was performed and concluded it was likely the plaintiffs would prevail in litigation.  As with all such claims, the Board was presented with this information, discussed the matter and concluded it was best to settle the matter, thus saving litigation costs and a potentially higher jury award.”

Both Districts 2 and 3 Supervisors Candace Andersen and Diane Burgis issued the same response, writing, “the insurance carrier for the former Los Medanos Community Healthcare District, RSUI Group Inc, handled this case and provided counsel to defend the claims against the former District.  Following a mediation session among the parties, a settlement was reached. The Board of Supervisors approved the settlement solely in its capacity as the successor agency to the District. As the successor agency, the County was required to assume all liabilities of the former District, including the claims filed against the District.”

“I really don’t have any additional comments about the specifics of the case,” Andersen added.

Neither Supervisors John Gioia (District 1) nor Federal Glover (District 5) who represents portions of Antioch, responded prior to publication time.

Past Accusation Against Thorpe for Sexual Misconduct

It’s not the first time a woman has accused Thorpe of inappropriate sexual activity. As previously reported, while in college, Thorpe was found guilty of disorderly conduct for “lewd and indecent behavior” against a female student by Student Judicial Services at George Washington University, but he was acquitted of sexual harassment. Thorpe later lost an appeal to overturn the disorderly conduct charge. He has denied the incident ever occurred. In 2016, this reporter chose to believe him, and the Herald endorsed him for city council. (See related articles here and here)

Barbanica, Ogorchock Call for Thorpe’s Resignation

Barbanica and Ogorchock hold press conference Thursday afternoon, Sept. 15, 2022. Facebook Live video screenshot.

During a press conference held Thursday afternoon, at Barbanica’s business office, both he and Ogorchock called for Thorpe’s resignation. The mayor pro tem said he had sent a letter to Thorpe earlier in the day asking him to resign but had not yet heard back.

“This is a distraction for our city. We have a city of 114,000 people and the council has very serious business to do, yet we are sidetracked in these meetings by these types of issues,” Barbanica stated. “I do not believe that the behavior that is suspected, not convicted, but suspected, here is not indicative of a leader within our community; our council and our mayor should be held to a higher standard.”

He should “step aside, resign and allow the council to move forward. That’s what we’re asking him to do,” he added.

Asked if they had read the documents, Ogorchock responded, “I did. I read them all, from their statements, the filings, their release.”

“As did I,” Barbanica added.

Asked for their analysis of what they read he said, “Very concerning.”

Ogorchock responded, “As a woman I felt, that’s why I’m asking for his resignation. This is inexcusable. We can’t behave in this manner and be in a leadership position. You just can’t do that.”

“I’m very disappointed in what I read…in the court documents,” Barbanica later said. “This is not what the citizens want in a leader.”

Questions for Thorpe Go Unanswered, Denies Allegations

Thorpe was asked Friday morning to respond to both the settlement and the calls for his resignation. He was also asked if anything included in the complaints from your two former female employees, true, if they both worked directly for him and how many employees worked at the district when he was executive director.

Thorpe was also asked if he had found a new job and what he is doing for work. He was also asked about a severance that he and the other district employees were each provided, and how long did or will it last.

Finally, Thorpe was asked if he hired the two women, approved their hiring or compensation, or involved in any way in their hiring process and if so, how.

He did not respond as of publication time Friday afternoon. However, according to an East Bay Times report

On Thursday, Thorpe issued a statement denying the allegations.

“I am wholeheartedly heart-broken by these allegations, as they are completely false. When I served as the executive director of the Los Medanos Community Healthcare District (LMCHD), I worked to create an environment that gave opportunities to members of our community that were historically marginalized, as I have always sought to make change through empowerment.

“As the members of my team at the LMCHD can attest, the environment that I created was one of positivity and respect. Although saddened by the allegations, I will not be making any comment about the individuals involved, as I want to continue believing in the good in people, and not allow for this moment to shut down my spirit of community.”

Former Board Chair Patt Young Also Denies Allegations Against Thorpe

When reached for comment about the allegations against Thorpe, former LMCHD Board Chair Patt Young, now a member of the Contra Costa Water District board, said, “I actually, reviewed the allegations, and it just wasn’t credible. He had and has my full support. I found the allegations to be unfounded.”

Asked what she did when she received Munoz’s letter in September, Young responded, “I forwarded, I always forward to our legal counsel. It had to go there, first.”

When asked if she was at the CSDA conference where one of the incidents is alleged to have occurred, Young said, “I was, but I wasn’t with them that evening.”

Asked if she or anyone from the board reached out to the two women, Young stated, “we couldn’t. It would be a violation of the law.

Efforts to reach both Cisneros and Munoz for responses to the denials by Thorpe and Young were unsuccessful prior to publication time.

Wilson Labels Calls for Resignation “Racially Divisive Grandstanding”

In that same Times article, District 4 Councilwoman Monica Wilson claimed calls for Thorpe’s resignation by Barbanica and Ogorchock to be “racially divisive grandstanding”. Ogorchock is one of Wilson’s three challengers in this year’s council election, after Wilson, Thorpe and District 1 Councilwoman Tamisha Torres-Walker drew and then approved a gerrymandered redistricting map, moving Ogorchock into District 4. (See related article)

Ogorchock Responds to Wilson’s Comments

In a post on her official Facebook page Friday morning, Ogorchock wrote, “After reading remarks made by Councilwoman Wilson in response to the press conference held yesterday with Mayor Pro Tem Barbanica and myself requesting Mayor Thorpe to resign appear to be a deflection of the real issues.

Councilwoman Wilson is ignoring that two women presented valid claims of sexual harassment, unwanted sexual advances, hostile working conditions and other unlawful actions. The real issue is the detailed actions of Mayor Thorpe as outlined by the two women under his direction as the executive director.

In speaking with County Supervisor Mitchoff this morning she said, and I quote “after the completion of the investigation and based on credible facts we settled the case”. The county, who took control of the defunct healthcare district, settled the case for $350k.

I stand by my statements made yesterday, and believe that Mayor Thorpe should resign.”

Former Councilwoman Supports Thorpe’s Resignation

“He ought to step down. Enough is enough. First drunk driving, arrested for that. Now, this. Come on. We deserve better in the city of Antioch. Get out,” stated former Antioch Councilwoman Norma Hernandez. “I’m very suspicious of all these allegations that have happened, way in the past and now, if they are true, and this is the mayor representing all of us in the city of Antioch.”

Please check back later for any updates to this report.

Contra Costa Deputy Sheriff arrested in illegal firearms case

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Pinole resident twice honored as department’s Officer of the Year

Matthew Buckley. CCCSheriff

By Jimmy Lee, Public Information Officer, Contra Costa County Office of the Sheriff

On Thursday, August 25, 2022, detectives from the Contra Costa County Office of the Sheriff Investigation Division arrested Matthew Buckley, a Deputy Sheriff and 15-year veteran of the department. This comes after an investigation into illegal firearms.

As part of the investigation, a search warrant was served at a residence where evidence was seized.

41-year-old Buckley of Pinole, the department’s Officer of the Year for two consecutive years, was booked into the Martinez Detention Facility on the following charges:

Felony Grand theft of a firearm (two counts), receiving stolen property (two counts), felony unlicensed transfer of a firearm, felony filing a false report, destroying/concealing evidence, and possession of a controlled substance.

Buckley is being held in lieu of $175,000 bail. He is on paid administrative leave from the Sheriff’s Office.

“When we were first apprised of the allegations, we immediately started an investigation,” said Contra Costa Sheriff David Livingston. “No one is above the law and employees of the Sheriff’s Office who violate the law will be held accountable. I am disappointed but this arrest is not a reflection of the many outstanding employees of the Sheriff’s Office.”

The investigation is ongoing. Anyone with any information on this incident is asked to contact the Investigation Division at (925) 313-2600 or through Sheriff’s Office dispatch at (925) 646-2441. For any tips, email: tips@so.cccounty.us or call (866) 846-3592 to leave an anonymous voice message.

Allen D. Payton contributed to this report.

Antioch Mayor Thorpe pleads not guilty to March DUI trial set for Oct. 12

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Antioch Mayor Lamar Thorpe posted a video on his mayor’s Facebook page on Saturday, March 19, 2022, apologizing for being arrested for DUI. Screenshot

By Allen D. Payton

On June 29, 2022, Antioch Mayor Lamar Thorpe entered pleas of not guilty to the charges of Driving Under the Influence of Alcohol and DUI with Blood Alcohol Content of .08% or higher, for his arrest in the early morning of March 19. A Readiness Conference has been scheduled for Sept. 29 with a trial date set for October 12 at 8:30 a.m. in the criminal division of the Wakefield Taylor Courthouse in Martinez. (See related articles here and here)

Since in a video Thorpe posted on his official Facebook page on March 19, he admitted to “having one drink with dinner,” he was asked, via email in August why he didn’t plead guilty, accept his punishment and get this behind him for the benefit of himself and the city. He was also asked what he was hoping to accomplish by a jury trial, if he was hoping to be found not guilty and isn’t the trial just a waste of taxpayer funds and the court’s time. Thorpe did not respond.

An effort to reach Thorpe’s attorney, listed as Greg Scanlon, was unsuccessful. However, Walnut Creek-based criminal defense attorney Peter Johnson, the co-author of the California DUI Defense book, was asked why someone who admitted publicly that they had an alcoholic beverage prior to an arrest for DUI would plead not guilty and take their case to trial.

“A drink with dinner doesn’t put you under the influence,” he stated. “There’s no law against drinking and driving. He didn’t admit to the crime. They have to prove he was guilty.”

“Chemical testing for alcohol is not necessarily reliable. There are errors involved with the testing,” Johnson continued. “Just because a person blows into a machine, that’s not necessarily an accurate number. Why should somebody plead guilty or no contest if they didn’t commit a crime?”

“There are substantial problems with estimating a person’s blood alcohol level from either a blood or a breath test,” he added.

Following is the information provided to the Herald about the case: Details.Lamar Thorpe DUI Case # 01-22-00647

Thorpe, Lamar Anthony
Description Statute Level Date:

1VC23152(a)-M: Driving Under Influence of Alcohol 000214658023152(a) Misdemeanor 03/19/2022

2VC23152(b)-M: Driving Under Influence of Alcohol 000214658123152(b) Misdemeanor 03/19/2022
01-22-00647 | The People of the State of California vs. Thorpe, Lamar Anthony
Case Number:01-22-00647
Court: Criminal – Martinez-Wakefield Taylor Courthouse
File Date: 05/20/2022
Case Type: Misdemeanor
Case Status: Own Recognizance
06/29/2022 Plea
Judicial Officer :Stark, Nancy Davis
1 – VC23152(a)-M: Driving Under Influence of Alcohol 0002146580
Not Guilty
2 – VC23152(b)-M: Driving Under Influence of Alcohol 0002146581
Not Guilty
05/20/2022 Initial Complaint Filed
05/23/2022 Notice to Appear
05/23/2022 District Attorney’s Arraignment Position
06/15/2022 Miscellaneous
Comment – Documents copied and sent to, GREG SCANLON.
06/29/2022 Arraignment on Complaint
Original Type – Arraignment on Complaint
Judicial Officer – Stark, Nancy Davis
Hearing Time – 8:30 AM
Result – Held
09/28/2022 Readiness Conference
Judicial Officer – Hiramoto, Joni T
Hearing Time – 8:30 AM
10/12/2022 Misdo Jury Trial
Judicial Officer – Hiramoto, Joni T
Hearing Time – 8:30 AM

Former Danville elementary school teacher charged with possession of child pornography

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Released on bail

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

A resident of Danville has been charged with one felony count of possession of child pornography.

On August 25, 2022, the Contra Costa County District Attorney’s Office filed charges against 33-year-old Andrew Oliver Kallick. Police arrested Kallick in Danville on August 9, 2022, during the execution of a search warrant. During the search, police discovered Kallick was possessing child pornography on a laptop computer inside of his residence. At the time of his arrest, Kallick worked at an elementary school as a campus supervisor.

San Ramon Valley Unified School District officials confirmed he had been employed at John Baldwin Elementary School in Danville at the time of his arrest, but he no longer works for the district.

Kallick was released on bail after his arrest on August 9 and will be notified by the court regarding an arraignment date.

The Silicon Valley Internet Crimes Against Children Task Force and the Danville Police Department investigated the case. In Contra Costa County, detectives and investigators from the Walnut Creek, San Ramon, Concord, and Moraga Police Departments, the Contra Costa County Sheriff’s Office, United States Secret Service, Homeland Security Investigations, the Contra Costa County Probation Department, and Inspectors from the Contra Costa County District Attorney’s Office participate in the task force.

Anyone with information about this case should contact Senior Inspector Darryl Holcombe at 925-957-8757.

Parents are encouraged to discuss online safety with their children and can visit the website www.kidsmartz.org or the Contra Costa County District Attorney’s website for further information.

Case information: 01-22-01379 | The People of the State of California v. Kallick, Andrew Oliver

Allen D. Payton contributed to this report.

Contra Costa DA Report: No evidence of criminal offense by Antioch Police officers in death of Angelo Quinto

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“…Antioch Police officers engaged with Quinto in a manner that was lawful and objectively reasonable under the circumstances…an internal examination showed no bone fractures or damage to Quinto’s larynx and trachea…” – Contra Costa District Attorney

Quinto died in the hospital three days later not in police custody

By Allen D. Payton

The Contra Costa District Attorney’s Office announced Friday, Sept. 2, 2022, that it had concluded there is no evidence of criminal offense by Antioch Police officers in the December 2020 death of 30-year-old Angelo Voithugo Quinto. The D.A.’s Office released a 39-page Law Enforcement Involved Fatal Incident (LEIFI) report as part of Contra Costa County’s protocol to investigate incidents when officers or civilians are shot or die during an encounter with law enforcement. The report is available on the District Attorney’s website and here: Angelo Quinto LEIFI Report Final

The incident occurred on December 23rd and Quinto, a 30-year-old Navy veteran, died in the hospital while not in police custody three days later on Dec. 26th.

According to the CCDA, the purpose of the report is to independently determine criminal liability in fatal incidents when law enforcement is involved. During a criminal trial, the District Attorney’s Office – which represents The People of the State of California — has the burden of proving beyond a reasonable doubt that a death was not justified.

Part of the LEIFI report contains a legal analysis of the evidence in the death of Quinto. That analysis determined the Antioch Police officers engaged with Quinto in a manner that was lawful and objectively reasonable under the circumstances. Moreover, the report notes that the officers utilized reasonable force during their contact with Quinto [PC 835a(a)(3)].

The report confirms what both the Contra Costa County Coroner’s Office and then-Antioch Police Chief Tammany Brooks said during a March 2021 press conference and is in spite of the rush to judgment by Antioch Mayor Lamar Thorpe and Councilwomen Monica Wilson and Tamisha Torres-Walker, and the accusations by Quinto’s family members that the police officers caused his death. It also undermines the naming of the legislation, AB 490, entitled the Angelo Quinto Act, banning law enforcement from restraint techniques that cause asphyxia. (See related articles here)

Brooks said that officers did not kneel on his neck during the incident. In addition, he said, “according to the results of a preliminary investigation, at one point during the handcuffing, an officer did briefly – for a few seconds – have a knee across a portion of Angelo’s shoulder blade. This is a common control technique taught at CA POST approved Police Academies for prone handcuffing.  At no point did any officer use a knee or any other body part to gain leverage or apply pressure to Angelo’s head, neck, or throat, which is outside our policy and training.”

Then, in August 2021, a Contra Costa Coroner’s Inquest Jury found that Quinto’s death was an accident. (See related article)

Background

The circumstances surrounding this incident were initiated with a 911 call from Angelo Quinto’s sister on December 23, 2020, at around 11:10 pm. Quinto’s sister wanted law enforcement’s help after Quinto was being erratic, physically aggressive, and harming his mother. Quinto’s mother could be heard in the background of the call saying “I can’t breathe. Stop it.” while Quinto’s sister told the 911 operator that he was strangling Mrs. Quinto.

Antioch Police officers arrived about a minute later. They were met by Quinto’s sister, who was clutching a hammer to protect herself from her brother. Officers heard a commotion coming from Quinto’s bedroom. When they entered the room, they saw Quinto’s mother struggling with him in a bearhug hold on the ground. Officers separated the two. One officer kneeled and placed one knee on Quinto’s shoulder to handcuff him while the other held onto his legs. This was the extent of force utilized by the two officers to restrain Quinto, and to prevent him from harming himself, family members, or the officers.

Police told Mrs. Quinto that her son was not under arrest. Rather, emergency responders were on their way to transport him to a hospital for any physical injuries. He would also receive a mental health evaluation while being treated at the medical facility. While one officer went to his patrol vehicle to get the needed paperwork, emergency medical crews arrived on the scene. They rolled Angelo over and noticed he was unconscious, his face was purple in color, and there was blood on the floor and his face. The officers did not strike Quinto in any way, and the autopsy revealed bite marks to Quinto’s inner cheek and tongue. Life-saving measures were administered, and Quinto was transported to a hospital in Antioch — where he died on December 26th.

An autopsy was performed on December 28th by the Contra Costa County Coroner’s Office. The cause of death was Excited Delirium Syndrome due to drug intoxication, psychiatric conditions, physical exertion, and cardiac arrest.

A toxicology report by the Coroner’s Office showed that Angelo 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 County of Santa Clara 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.

Contra Costa District Attorney’s Office will take no further action in this case.

Contra Costa District Attorney’s Office PIO Ted Asregadoo contributed to this report.

Two male inmates escape Marsh Creek Detention Facility Sunday morning

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Escaped inmates Gerardo Ramirez-Vera and Jorge Garcia-Escamilla. Photos: CCC Sheriff

By Jimmy Lee, Director of Public Affairs, Contra Costa County Office of the Sheriff

Sunday morning, September 4, 2022, at about 11:20 AM, it was discovered that two inmates had escaped from the Marsh Creek Detention Facility (MCDF) located at 12000 Marsh Creek Road.

MCDF is a minimum-security facility that houses sentenced prisoners and those who are facing lower-level charges that would likely result in a sentence served locally.

An emergency count was conducted, and a comprehensive search of the facility and the immediate area was carried out. Law enforcement agencies in the area were notified and an alert was sent to residents in the area.

The two are identified as:

33-year-old Gerardo Ramirez-Vera of Richmond. He was sentenced on weapon, burglary, and vandalism charges. He was due to be released in the first week of January 2023.

28-year-old Jorge Garcia-Escamilla of Pittsburg. He was being held on charges that include vehicle theft, possession of a stolen vehicle, possession of burglary tools, and drug possession. He had a future court date in three weeks.

Both men are now facing felony charges of escape from a county detention facility and face a potential state prison sentence.

The search for the two is ongoing. Anyone with information on their whereabouts or who might have seen them is asked to call Sheriff’s dispatch at (925) 646-2441.

Both suspects arrested in Brentwood 24-Hour fitness fatal shooting

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Brentwood SWAT at Myrtlewood Court home in Antioch. Tauane following his arrest on Wednesday, August 24, 2022. Photos: BPD

Brentwood teen arrested, first; Pittsburg man arrested in Antioch last week; victim from Antioch was innocent bystander

Faatino Tauane. Photo: BPD

By Brentwood Police Department

During the course of the investigation into the deadly shooting that occurred at the 24-Hour Fitness in Brentwood on Thursday, August 11, 2022, at approximately 1:54 a.m., Brentwood Police investigators positively identified 20-year-old Pittsburg resident Faatino Arona Tauane as the second shooter in this case.

On Wednesday, August 24, 2022, at approximately 4:45 a.m., Tauane was peacefully taken into custody at a home in the 900 block of Myrtlewood Drive in Antioch. He was later booked at the Martinez Detention Facility for murder. To date, one firearm has been recovered and the vehicle Tauane used to flee the scene is now in police custody. A second firearm used in the shooting remains outstanding.

On Friday, August 26, 2022, the Contra Costa County District Attorney’s Office charged Tauane with one count of murder with enhancements and additional felonies.

On Thursday, August 11, 2022, the first of two suspects detained during the early stages of the investigation had been positively identified as one of the shooters who was wounded during the altercation. The suspect, a 17-year-old Brentwood resident was booked into the Contra Costa County Juvenile Detention Center for murder. His name is being withheld due to age. The second suspect was released from police custody after it was determined he was not a shooter.

The decedent has been identified as, 21-year-old Antioch resident, Cesar Arana. Our hearts go out to the family and friends impacted by his untimely death.

Arana was an innocent bystander not involved in the initial altercation. He was struck by gunfire while trying to help a person who had fallen to the ground during a physical fight outside.

Additionally, our agency would like to thank those who came forward with additional video footage and the staff at 24 Hour Fitness for their full cooperation throughout the entire investigation.

According to localcrimenews.com, Tauane was also arrested by Pittsburg Police in December 2021, for carrying a concealed weapon in a vehicle and when not the registered owner.

Anyone with information regarding the outstanding firearm or any additional information related to this investigation is asked to contact Detective Greene at 925-809-7797.

Allen D. Payton contributed to this report.

Man shot, killed by Oakley police during domestic violence incident

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By Oakley Police Department

On August 25th, 2022, at approximately 10:40pm, Oakley PD Officers responded to a report of a Domestic Dispute in the 1800 block of Teresa Lane. The caller stated her boyfriend had a gun and had been driving around with her in the car not letting her leave. The boyfriend told her he was going to kill her and himself. Once at the residence the victim fled on foot and called police.

Officers arrived and attempted to contact the 58-year-old male. The male did not respond to officers. Officers used a drone and were able to see the subject inside the residence armed with a handgun. Officers continued to try and establish communications with the suspect, but he did not respond. Several shots were fired by the suspect inside the home.

At approximately 1:18am, the suspect fired several rounds at Oakley Officers. One Officer returned fire striking the suspect. Medical aid was provided but the suspect died on scene. The Contra Costa County District Attorney’s Office responded along with Oakley Detectives.

According to Chief Beard “Our officers are trained to deescalate situations at every opportunity when that is a viable option. Our officers attempted to deescalate this tragic situation last night, but the suspect would not allow for our attempts to take hold. When officers are presented with such grave and dangerous situations, and when no other options work or are available, they must sometimes fall back on other critical training they receive on a regular basis. This is the training they fell back on last night to ensure there was no loss of lives of innocent victims or the officers themselves.”

This is an ongoing investigation, names and more details will be provided at a later date.

Update from Oakley Police Chief Paul Beard

I wish to address the Oakley community regarding last night’s fatal officer involved shooting on Teresa Lane. The events that transpired last night can only be described as very scary and dangerous for all involved.

To put it very mildly what happened last night was completely unnecessary.

The suspect chose to drive the direction of what played out when he could have taken several different avenues to deal with whatever angst he had going on in his life. He also could have given up upon our officers making contact with him.

Instead, the suspect elected to resort to gun violence to traumatize the initial domestic violence victim in this case and subject our officers to the difficult actions they eventually had to take, thus creating more victims. The officers involved in last night’s incident exhausted every readily available option they had in this type of scenario before taking the ultimate action they had to take.

The incident that we dealt with last night has become all too commonplace with a total of eight law enforcement officers being killed by gunfire across America in just the last month.

Every member of the Oakley Police Department is valued and appreciated. I am grateful beyond measure our department did not meet with a tragic result for us.

The Contra Costa County Officer Involved Fatal Incident Protocol guides the investigative steps we need to take with our officers, and we are following that prescribed protocol. We are also being proactive in taking care of all of our personnel who were involved in last night’s incident by making sure they have readily available access to a service provider who specializes in treating first responders who have been exposed to matters like the one we experienced last night.

It is my strong desire to provide the necessary and healthy resources our personnel need in order to continue having productive lives after experiencing life threatening, or very unsettling, situations. I also urge victims of domestic violence to realize they do need help and to reach out for it.

A domestic violence victim may reach out to their local police department for assistance. They may also reach out to the Contra Costa District Attorney’s Domestic Violence Unit at 925-957-2200.  If immediate assistance is sought and a victim does not want to interact with a police department, they may reach out to the STAND! Crisis line at 1-888-215-5555. It would be inappropriate for me to comment much further on this case at this time because it is literally still an ongoing investigation.

I will however identify the suspect as Frank Anthony Correa, a 58-year-old male and resident of Oakley.

The Oakley Police Department is requesting information from anybody who may know anything about this investigation to call us at 925-625-8060 or email us at opdtips@ci.oakley.ca.us.

 

Brentwood woman sentenced to maximum prison time in $300K Los Banos restaurant embezzlement case

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Robin Ruth Ann Recla, aka Robin Berard. Source: Merced County District Attorney

During Wednesday hearing at Los Banos Courthouse; Robin Ruth Recla swindled six local, prominent residents who invested

“Ms. Recla is a con artist, plain and simple who should be committed to state prison for her crimes,” Merced County Deputy D.A. Colby

Victims “relieved that it’s over”, praise prosecutor, police and judge; main victim knew her for 30 years

By Allen D. Payton

After entering no contest pleas to embezzlement and filing a false tax return on May 25, 2022, in the case of the Los Banos, CA restaurant scheme, a 46-year-old Brentwood woman, Robin Ruth Ann Recla, aka Robin Berard, appeared in front of Merced County Superior Court Judge David W. Moranda on Wednesday, August 17, 2022, for sentencing in the Los Banos Courthouse. Following requests by both the prosecution and her victims, Recla was sentenced to the maximum available to the District Attorney under current law of two years, eight months in state prison.

The Merced County District Attorney’s office announced on May 25, 2022, Ms. Recla admitted to swindling approximately $300,000 from six prominent Los Banos investors. She also failed to claim the profits on her income tax return.

In 2018, the group of investors pooled their funds and formed an L.L.C. with the intent of creating and opening a restaurant in the Los Banos area. Ms. Recla was selected to manage and direct the project, but investors learned there were problems when they were notified by their bank that the business accounts were overdrawn

An investigative team comprised of an investigator from the state Franchise Tax Board Criminal Investigation Bureau, Commander Justin Melden with the Los Banos Police Department, and Merced County D.A. Investigator Moses Nelson worked diligently to trace the financial transactions exposing Ms. Recla’s behavior. The coordinated, year-long investigation uncovered Ms. Recla’s personal use of nearly all of the funds, including $159,273 in checks written to herself and her withdrawal of $24,900 in cash from automated teller machines. The investigators determined Ms. Recla also used the investors’ funds for personal travel and the purchase of personal items like furniture.

In the past, embezzled amounts as high as the amount involved in this case would have resulted in a larger prison sentence. However, changes in the law now mean the longest possible sentence Ms. Recla faces is two years and eight months in prison. Also, with the passage of AB 109, known as realignment, Ms. Recla’s sentence in most cases would result in a Penal Code, Section 1170(h) local prison sentence.

Local prison sentences in Merced County are in nearly all cases served on the Sheriff’s Supervised Release Program, referred to commonly as ankle monitor. However, because investigators and the Merced County D.A.’s Office appropriately pursued and prosecuted the acts of tax evasion, any prison sentence issued in this case must be served in the California Department of Corrections and Rehabilitation.

Ms. Recla’s no contest plea was not the product of a negotiated plea, and she entered an open plea to the charges, meaning that the court has all options available up to the maximum allowable by law.

At the sentencing hearing, attorneys for both sides presented arguments to Judge Moranda advocating for a sentence they believe to be in the interest of justice. Deputy D.A. Travis Colby is handling this case for the Merced County District Attorney’s Office.

According to the prosecution brief by Colby, “Ms. Recla has a history of fraud and deceit dating back to 1998 when she was convicted of fraud to obtain aid. She was convicted of felony grand theft in Pocatello, Idaho District Court in 2010, and in 2011 she was convicted of felony grand theft for stealing $35,000 from a former employer, Advanced Professionals – an insurance agency in San Jose. She was also accused of embezzling $70,000 from a restaurant in Los Altos between 2015 and 2017 before taking charge in this scheme to defraud people in Los Banos,” who are prominent and local but chose to not be identified for this report.

“Ms. Recla is a con artist, plain and simple who should be committed to state prison for her crimes,” Colby continued. “She is presumptively ineligible for probation. But even if probation did apply, probation is not appropriate for her under any reasonable analysis.”

Recla asked for leniency from the court for medical reasons including her mental health and her husband’s physical health and expressed regret and sorrow without showing mercy for the Los Banos’ investors who lost up to $300,000 collectively and requested the court to reduce her charges of two felony counts to probation.

Judge Moranda agreed with the prosecution noting her crimes “started small and worked their way up.” The judge further stated, “I don’t see the remorse. I don’t see that she is sorry.”

He then sentenced Recla to two years for felony embezzlement and eight months for filing a false tax return to run concurrently in state prison, the maximum under law. Since there was no credit for time served, and showing no mercy for her victims, she was handcuffed and taken away to immediately begin serving her sentence.

Victims “Relieved That It’s Over”, Praise Prosecutor, Police and Judge

Asked how she was feeling, Sandie Silva, one of the victims said, “I’m feeling, I guess, relieved that it’s over. I feel that justice has been done and I feel that our district attorney and detectives, Melden from Los Banos and Moses from the District Attorney’s Office. And Travis Colby was amazing.”

Cheryl Silva, Sandie’s sister-in-law, and her husband Anthony were also victims in the restaurant investment embezzlement scheme.

“I’m elated that the judge listened to our victim’s impact statements,” Cheryl exclaimed. “I believe he responded to us through the sentencing. He listened to how we’re really feeling. This is not Robin Recla’s first felony offense and the judge responded to that saying, this is a pattern with Robin. For me that was very reassuring. We did not feel as though, in her statements she did apologize, but we did not feel it was sincere. She had many opportunities over the past four years to do what was right but chose not to. I’m elated that justice was served. It was not vindicative on our part. We were seeking justice.”

Asked how they met Recla, Cheryl responded, “she was very close to Sandie to the point she called her mom. She garnered our trust through that relationship and that’s how all of this came about.

Asked when they first met, Cheryl said, “Sandie met her 30 years ago.”

“I’m in real estate and I had a business with my ex-husband and Robin was actually our ad sales rep for the Los Banos Enterprise,” Sandie said. “I actually also owned a house-cleaning service and cleaned her parents’ house and helped her get the job at the Enterprise.”

“She befriended me, she could sell yellow snow to an Eskimo,” Sandie continued. “Robin babysat my kids, and I kept her son, too.”

“Then we lost touch for years and then she found me on Facebook in 2009. She was living in the San Jose area at the time and bought me flowers one year, and the card said, ‘Happy Birthday, Mom’. I thought, ‘awww. She just wants someone to love her.’ She catered my daughter’s best friend’s husband’s funeral reception and she told everyone that I was her mom and that my kids were her brother and sister.”

“That was around Easter time, I asked her what they were doing, she said they were going to be alone, so, I invited her to our house,” Sandie shared. “Because she was spending so much money on rent, I said she needed to come back Los Banos, save money and buy a house. She and her kids stayed with us less than a month, while a house was getting ready for them to move into.”

“Robin was working at a restaurant in the Bay Area – she was charged over there, too,” Sandie said. “I was paying their bills for her. I told her, ‘you can’t afford to quit your job, you stay there and save your money’.”

“About six months later she presented this plan to us. My husband, Danny Silva, was born, here and started sharing this with his friends. He thought it was a pretty good idea.”

“It was going to offer farm to table comfort food. It was called ‘Double R’. It was going to have a nice cocktail lounge. It was nice,” Sandie stated. “We leased a space by the Target on West Pacheco Blvd.”

“What happened was I was a signer on the account and the bank called me that the account was overdrawn, and I said, ‘we haven’t started construction, yet. How can it be overdrawn?’” Sandie continued. “That was the first time. Robin gave me some con story that she had a loan that hadn’t funded, yet and that she called and explained it to the bank, and everything was fine. Then I got a second phone call from the bank and the account was $50,000 overdrawn. So, I went down to the bank and got a printout and saw that the day after we deposited funds, she started writing checks to herself.”

“I went over to her house, my husband and I met with her and her husband, and told her you’re not my daughter, you just screwed over my family, and you better start talking,” Sandie stated. “Robin said, ‘I know. I thought I could fix it before anyone found out.’ Then she told me she was going to sue our attorney, who set up our LLC, for malpractice and give us our money back.”

“She did actually file a lawsuit against him, but it was dismissed. She didn’t get anything from it,” Sandie added.

“Robin had purchased a liquor license and it was in escrow, she didn’t pay the seller, she gave him back the license and she took the money out of escrow and kept it, she didn’t put it back in the escrow account,” Sandie explained. “But she’s a convicted felon so she put the liquor license in her son’s name. She was writing to the checks ABC, but they must have told her they couldn’t accept her checks, so, she forged my signature on a $10,000 check.”

That wasn’t one of the charges. “They said I would have to take her court,” Sandie stated.

“All these people, they only trusted her because I trusted her,” she continued. “That’s kind of a heavy weight to carry.”

“My heart really broke, today because I was sending someone I loved to prison,” Sandie shared. “But I didn’t believe anything coming out of her mouth, today. I’m a sucker but I wasn’t suckered, today.”

“I have to tell you, that judge and Travis, they did their jobs,” Sandie stated. “Even if we lost, today I’m proud of the job they did.”

“Everything went good, because she was found guilty,” Danny Silva said. “The problem I had was the people in Sacramento.”

“I’m all for giving people a second chance,” he continued. “So, a minimum sentence like this for a first offense. But it’s not here first offense. If you keep making the same mistakes and no consequences, you’re going to keep doing it. The thing is she can be out for six to eight months. I hope I’m wrong. But I’m willing to bet $20 she’s out in eight months or sooner. She has nothing to worry about. The judge knew she’s a habitual liar and con artist. It’s a shame our system doesn’t punish these people more.”

As with most white collar crime cases, the investigation required time intensive forensic accounting and a large collaboration among several agencies. White-collar crime is taken very seriously by the Merced County District Attorney’s Office, as the effects are often far reaching and can financially devastate individuals and businesses. The DA’s Office thanked the Franchise Tax Board, Criminal Investigation Bureau and the Los Banos Police Department for their collaboration and shared that it is greatly appreciated to see that the defendant was brought to justice in this case.

Andy English contributed to this report.

Governor Newsom announces Water Supply Strategy for a hotter, drier California in Antioch on Thursday

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With local and state officials joining him, Gov. Newsom speaks during a press conference at the site of the Antioch Brackish Water Desalination project to announce his Water Supply Strategy on Thursday, August 11, 2022. Photos by Allen D. Payton

Outlines actions needed now to invest in new sources, transform water management

Without action, state officials believe California’s water supply could diminish by up to 10% by 2040

Introduces former L.A. Mayor Villaraigosa as state’s new infrastructure czar

Antonio Villaraigosa was introduced by the governor as the state’s new infrastructure czar.

ANTIOCH – Hotter and drier weather conditions could reduce California’s water supply by up to 10% by the year 2040. To replace and replenish what we will lose to thirstier soils, vegetation, and the atmosphere, Governor Gavin Newsom on Thursday announced in California’s latest actions to increase water supply and adapt to more extreme weather patterns caused by climate change. Click here to read California’s Water Supply Strategy.

Thursday’s announcement at Antioch’s $110 million Brackish Water Desalination project follows $8 billion in state investments over the last two years to help store, recycle, de-salt and conserve the water it will need, generating enough water in the future for more than 8.4 million households by 2040.

The actions, outlined in a strategy document published by the Administration called “California’s Water Supply Strategy, Adapting to a Hotter, Drier Future” calls for investing in new sources of water supply, accelerating projects and modernizing how the state manages water through new technology.

This approach to California’s water supply management recognizes the latest science that indicates the American West is experiencing extreme, sustained drought conditions caused by hotter, drier weather. The warming climate means that a greater share of the rain and snowfall California receives will be absorbed by dry soils, consumed by thirsty plants, and evaporated into the air. This leaves less water to meet the state’s needs.

“The best science tells us that we need to act now to adapt to California’s water future. Extreme weather is a permanent fixture here in the American West and California will adapt to this new reality,” Newsom said. “California is launching an aggressive plan to rebuild the way we source, store and deliver water so our kids and grandkids can continue to call California home in this hotter, drier climate.”

To help make up for the water supplies California could lose over the next two decades, the strategy prioritizes actions to capture, recycle, de-salt and conserve more water. These actions include:

  • Creating storage space for up to 4 million acre-feet of water, which will allow us to capitalize on big storms when they do occur and store water for dry periods
  • Recycling and reusing at least 800,000 acre-feet of water per year by 2030, enabling better and safer use of wastewater currently discharged to the ocean.
  • Freeing up 500,000 acre-feet of water through more efficient water use and conservation, helping make up for water lost due to climate change.
  • Making new water available for use by capturing stormwater and desalinating ocean water and salty water in groundwater basins, diversifying supplies and making the most of high flows during storm events.

These actions are identified broadly in the Newsom Administration’s Water Resilience Portfolio – the state’s master plan for water released in 2020 – but they will be expedited given the urgency of climate-driven changes. To advance the infrastructure and policies needed to adapt, the strategy enlists the help of the Legislature to streamline processes so projects can be planned, permitted and built more quickly, while protecting the environment.

Over the last three years, at the urging of the governor, state leaders have earmarked more than $8 billion to modernize water infrastructure and management. The historic three-year, $5.2 billion investment in California water systems enacted in 2021-22 has enabled emergency drought response, improved water conservation to stretch water supplies, and enabled scores of local drought resilience projects. The 2022-23 budget includes an additional $2.8 billion for drought relief to hard-hit communities, water conservation, environmental protection for fish and wildlife and long-term drought resilience projects.

Newsom also introduced former Los Angeles Mayor and Speaker of the Assembly Antonio Villaraigosa as the state’s new infrastructure czar.

“With this influx of federal dollars, we have an incredible opportunity to rebuild California while creating quality jobs, modernizing crucial infrastructure and accelerating our clean transportation progress, benefiting communities up and down the state,” Newsom said. “Antonio has the extensive experience and relationships to deliver on this promise and bring together the many partners who will be key to our success. I look forward to his collaboration with the administration as we build up communities across California.”

Antioch’s $110 million Brackish Water Desalination plant project is currently under construction.

Construction on Antioch’s desalination plant is expected to be completed next year, city Public Works Director John Samuelson shared following the governor’s press conference.