Contra Costa Herald

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

Voter registration deadline for the General Election is Monday

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In order to be sent an Official Ballot by mail; voters can still register in person until and on Election Day

By Dawn Kruger, Civic Outreach/Engagement Specialist, Contra Costa County Clerk-Recorder-Elections Department

Debi Cooper, County Clerk-Recorder & Registrar of Voters, reminds voters that the close of registration for the upcoming November 8, 2022 General Election is Monday, October 24th.   “This is the deadline for voters to register in order to be sent an Official Ballot by mail.  After this date, voters can still register, but they will be required to register and vote in person.”

Register to Vote:

Voters can conveniently register to vote online at https://registertovote.ca.gov or complete a voter registration card, which is available at most post offices, city halls, and libraries throughout the County.  Online registration must be completed before midnight on October 24th.  Paper registration cards must be postmarked by October 24th. 

To be eligible to vote in this election, a registered voter must be a U.S. Citizen, at least 18 years of age by Election Day, a resident of the state, and not currently serving a state or federal prison term for the conviction of a felony.  You must update your registration if you have moved, legally changed your name, or changed your party.

Be sure you are registered!  Check your voter registration status online at www.contracostavote.gov by clicking on the “My Voting Information” button.

After October 24th, there is not sufficient time to mail and return ballots, so voters will be required to register and vote in person at; the Elections Division in Martinez, one of the County’s early voting sites, or a polling place on Election Day. Cooper’s advice: “Register early so you will receive a ballot in the mail. If you choose to vote in-person, having a current registration will speed up the process at your polling place on Election Day.”

Filing period for official write-in candidates in November election ends Oct. 25th

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Multiple races in Contra Costa County have only one candidate running

By Allen D. Payton

In some races for the November election only one candidate has filed to run but running as a write-candidates is still a possibility. Official write-in candidates, who can run for any office regardless of how many other candidates are running in the race and want their votes counted, must file paperwork and follow a process that ends Tuesday, Oct. 25th.

See list of candidates, here:

According to the Candidate Handbook and Resource Guide on the Contra Costa County Elections Division website, “A person interested in running as a write-in candidate may file for office between September 12 and October 25, 2022. There is no fee or charge required of a write-in candidate, except in the case of some city offices.

Any person who desires to be a write-in candidate, and have any votes cast for him/her reported, shall file a ‘Statement of Write-In Candidacy’. (Election Code 8605)

Cities, East Bay Regional Park District, East Bay Municipal Utility District, and Alameda-Contra Costa Transit District require nomination signatures to be collected for a valid write-in candidacy. Signers of nomination papers for write-in candidates shall be voters in the political subdivision in which the candidate is to be voted on. See pages 3-5 for the required number of nomination signatures.

Write-in candidates must file the same forms required of other candidates, who have filed during the regular filing period. The candidate statement form or ballot designation form does not apply to write-in candidates and write-in candidates may not submit a candidate statement.

Only votes cast for qualified write-in candidates are reported.”

Write-in candidates for city council, school board or special districts are required to file a Form 700 financial disclosure, Form 501 intention to run, and Form 470 unless they plan to spend less than $2,000. If they spend more, candidates also must open a campaign committee with a Form 410 which is filed with the Secretary of State’s office.

For city council races, write-in candidates are also required to obtain 20 nomination signatures of registered voters in the district where they are running. The voters who sign must live at the address where they are currently registered. Candidates must file their nomination papers and other forms with the city clerk’s office, except for Form 410.

For school board and special district write-in candidates, no nomination signatures are required but they must file their paperwork with the county elections office in Martinez.

Sutter Health agrees to pay $13 Million to settle False Claims Act allegations of improper billing for lab tests

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By U.S. Attorney’s Office, Northern District of California, U.S. Department of Justice

SAN FRANCISCO – Sutter Health, a Sacramento-based health care services provider, and its affiliate Sutter Bay Hospitals, the successor to Sutter East Bay Hospitals dba Alta Bates Summit Medical Center (collectively Sutter Health), agreed to pay more than $13 million to settle allegations that it violated the federal False Claims Act by billing the United States for toxicology screening tests performed by outside labs, announced United States Attorney Stephanie M. Hinds; Federal Bureau of Investigation San Francisco Special Agent in Charge Robert K. Tripp; Office of Personnel Management Office of Inspector General (OPM OIG) Special Agent in Charge Amy K. Parker; Department of Health and Human Services Office of Inspector General (HHS-OIG) Special Agent in Charge Steven J. Ryan; Department of Defense Office of Inspector General, Defense Criminal Investigative Service (DCIS) Western Field Office Special Agent in Charge Bryan D. Denny; and the Defense Health Agency (DHA). Sutter Health DOJ Settlement Agrmt 10.17.2022

“Sutter Health agreed to pay $13 million to settle allegations that it billed government health programs for lab tests performed by others,” said U.S. Attorney Stephanie M. Hinds. “Government health care programs must be protected, and this office will investigate and pursue health care providers that fail to provide the services paid for by public health care programs.”

“Investigating health care fraud and abuse is a priority for the FBI,” said FBI San Francisco Special Agent in Charge Robert K. Tripp. “These cases are often worked in conjunction with our federal law enforcement partners, and this settlement is a great example of the multi-agency investigative team’s hard work to protect the integrity of the Federal Employees Health Benefits Program.”

“The OPM OIG is committed to protecting the Federal Employees Health Benefits Program from fraudulent claims,” said OPM OIG Special Agent in Charge Amy K. Parker. “I applaud the dedicated team for their effort in securing today’s settlement.”

“When medical providers charge federal health care programs for services that other providers actually performed, the integrity of these programs is undermined,” said HHS-OIG Special Agent in Charge Steven J. Ryan. “Working with our law enforcement partners, we will continue to uproot and investigate such schemes.”

“Today’s announced outcome concludes a collaborative effort to hold Sutter Health accountable for its improper billing practices that harmed our health care system, including the Department of Defense’s TRICARE program,” said DCIS Western Field Office Special Agent in Charge Bryan D. Denny. “DCIS will continue to work closely with our law enforcement partners to protect the integrity of the health care system.”

“We commend the Department of Justice, the U.S. Attorney’s office, and the other state and federal agencies for their commitment to justice,” stated the Defense Health Agency. “Their efforts protect taxpayer dollars to ensure our service members, veterans and their families continue to receive the highest level of medical care.”

The United States contends in the civil settlement agreement signed by Sutter Health that under the terms of a contract which the Sutter Health hospital Alta Bates Summit Medical Center entered into with Navigant Network Alliance, LLC, Navigant referred urine toxicology specimens obtained from physicians and laboratories across the country to Sutter. Sutter submitted bills, or caused bills to be submitted, for reimbursement of the qualitative and quantitative testing it performed on the specimens. The United States asserts that Sutter did not perform the quantitative testing on thousands of specimens referred under the agreement and that these quantitative tests were instead performed by third-party labs. The United States alleges that Sutter nevertheless sought reimbursement for the tests. In the settlement agreement, the United States contends that between August 1, 2016, and June 30, 2017, Sutter billed for urine toxicology tests it did not perform and was paid for the testing by the Federal Employees Health Benefits Program, Medicare, Medicaid, and Tricare.

Sutter agrees in the settlement agreement to pay $13,091,452 to settle the false claims allegations. Of that amount, Sutter has already paid more than $6.5 million to the United States. Sutter agrees to pay the remaining amount of approximately $6.5 million to the United States within 30 days. The settlement agreement resolves the civil law claims that the United States might have brought based upon these allegations.

This matter is being handled by Assistant United States Attorney David DeVito, with assistance from Garland He, Jonathan Birch, Lillian Do, and Alan Lopez. The matter is the result of a coordinated investigation between the U.S. Attorney’s Office for the Northern District of California and the FBI, OPM OIG, HHS-OIG, DCIS, and the DHA.

The investigation and resolution of this matter illustrate the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).

The civil settlement agreement is neither an admission of liability by Sutter Health nor a concession by the United States that its claims are not well founded.

 

Contra Costa Elections Division’s official test results in 100% ballot count accuracy

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22,000 ballot cards included with 167 “unique combinations of contests”

By Allen D. Payton

On Friday, Oct. 14th, the Contra Costa County Elections Division performed the official logic and accuracy testing on their central ballot counting and processing equipment. Logic and accuracy testing is a standard pre-election procedure. The test is designed to confirm that all central count equipment is in working order and functioning properly. A set of test ballots was run through each scanner to ensure they are properly programmed and operating as expected.

Questions were sent to the Elections Division staff asking about the results of the test.

Helen Nolan of the County Elections Office responded, “Our logic and accuracy testing on Friday went very well. We scanned 22,000 ballot cards, which were a mix of pre-printed test ballots, hand marked test cards, ICX (Ballot Marking Device) ballots, RAVBM ballots, and MBP printed ballot cards. Our test decks were comprised of 167 different patterns for each ballot type (unique combination of contests, candidates, and rotations). These test ballots come to us with an expected set of results.  

700 ballot cards were adjudicated in order to test each ‘out-stack’ condition (blank card, overvoted contest, indeterminate marks, and write-in positions) to ensure the scanners were accurately identifying those ballots with those pre-indicated conditions.

Our end results matched 100%, meaning after all test ballots were scanned and adjudicated, we found our test results matched the predetermined expected results with 100% accuracy.”

CEO of company that sold election poll worker software to L.A., Contra Costa counties arrested on personal-data theft charges

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Stored data on severs in the People’s Republic of China, Los Angeles DA says

Contra Costa data “was not involved in the alleged incident” – Debi Cooper, County Clerk-Recorder-Registrar

Dominion voting equipment used by county does have removable media ports; test run on Friday

By Allen D. Payton

Los Angeles County District Attorney George Gascón announced on Tuesday, Oct. 4 that the CEO of Michigan-based Konnech Corporation which is responsible for the software used in managing Los Angeles County election poll workers, has been arrested as part of an investigation into the possible theft of personal identifying information of those workers. The Contra Costa County Elections Division also uses the same software. However, it’s been confirmed that Contra Costa’s data was not involved in the alleged incident.

Konnech distributes and sells its proprietary PollChief software, which is an election worker management system that was utilized by the county in the last California election. The software assists with poll worker assignments, communications and payroll. PollChief requires that workers submit personal identifying information, which is retained by the Konnech.

“I want to thank my prosecutors and investigators for their commitment to eliminating cyber intrusions against government entities and local businesses,” Gascón said. “Data breaches are an ongoing threat to our digital way of life. When we entrust a company to hold our confidential data, they must be willing and able to protect our personal identifying information from theft. Otherwise, we are all victims.”

The investigation was concerned solely with the personal identifying information of election workers. In this case, the alleged conduct had no impact on the tabulation of votes and did not alter election results. But security in all aspects of any election is essential so that we all have full faith in the integrity of the election process.”

Earlier that day, Konnech Corporation Chief Executive Officer Eugene Yu was taken into custody on suspicion of theft of personal identifying information by investigators from the District Attorney’s Office Bureau of Investigation with assistance from the Meridian Township Police Department in Michigan. In addition, hard drives and other digital evidence were seized by LADA investigators.

The L.A. County District Attorney’s Office is seeking Yu’s extradition to Los Angeles.

Under its $2.9 million, five-year contract with L.A. County, Konnech was supposed to securely maintain the data and that only United States citizens and permanent residents have access to it. District Attorney investigators found that in contradiction to the contract, information was stored on servers in the People’s Republic of China.

The East Lansing Police Department and Ingham County Sheriff’s Office in Michigan also assisted in the investigation.

“Konnech was required to keep the data in the United States and only provide access to citizens and permanent residents but instead stored it on servers in the People’s Republic of China,” the L.A.D.A.’s office said.

As a result of Yu’s arrest, Prince William County, Virginia stopped using the PollChief software, this week, according to a Potomac Local News report.

Contra Costa Clerk Says County’s Data Not Included

Several questions were emailed to Contra Costa County Clerk-Recorder-Registrar Debi Cooper, including “does your department use any Konnech software, including its proprietary PollChief, for the Elections Division? If so, do you know if any the personal data of any poll workers, any voters or anyone else in our county was part of the alleged theft and also stored on servers in China? If so, what if anything has the Elections Division done or are they doing about it?”

Cooper responded, “Contra Costa uses PollChief for our poll worker management and communication and asset management (supplies inventory). Our software and data are stored in a secure private cloud located in Lansing, Michigan. This system is used to schedule training and communicate with our volunteers and to track polling place supplies.  It is critical to note that this system is not connected to our voter registration/ elections management system nor to our stand-alone vote tabulation system, which is not connected to any other network or the internet.”

“Our poll workers’ personal info, such as SSN or vaccination information, is managed by the Contra Costa County HR database, which is not connected to PollChief in any way,” she continued. “We have confirmed that our data was not involved in the alleged incident.  Per our contract, our data and the system have remained in the secure cloud in Lansing, Michigan.”

“In addition, Contra Costa’s PollChief system does not require any personal identifiable information to apply as an Election Volunteer, therefore no volunteer personal identifiable information is captured or stored on Contra Costa’s PollChief site,” Cooper shared. “We continue to be in regular contact with the vendor as they work through this issue.  We have reviewed our contract terms and confirmed with the company that the terms continue to be met and our data remains fully secure and without breach.”

Contra Costa’s Dominion Voting Equipment Removable Media Ports Under Lock and Key

As previously reported the county has been using the controversial Dominion voting equipment since 2018.

Regarding election security in Contra Costa County, Cooper was asked, “does the Dominion voting equipment used by the Elections Division have ports in which a mobile hard drive can be inserted and/or removed? If so, who in the office handles that and why would it be done?”She responded, “Any open ports on our equipment at in-person voting locations (ICX accessible voting equipment, ballot printers, etc.) have locking covers or port blockers installed, which we retain the keys to.”

10/17/22 UPDATE: Friday Test Results in 100% Accuracy

On Friday, Oct. 14th, the Elections Division performed the county’s official logic and accuracy testing on central ballot counting and processing equipment. Logic and accuracy testing is a standard pre-election procedure. The test is designed to confirm that all central count equipment is in working order and functioning properly. A set of test ballots was run through each scanner to ensure they are properly programmed and operating as expected.

Questions were sent to the Elections Division staff asking about the results of the test.

Helen Nolan of the County Elections Office responded, “Our logic and accuracy testing on Friday went very well. We scanned 22,000 ballot cards, which were a mix of pre-printed test ballots, hand marked test cards, ICX (Ballot Marking Device) ballots, RAVBM ballots, and MBP printed ballot cards. Our test decks were comprised of 167 different patterns for each ballot type (unique combination of contests, candidates, and rotations). These test ballots come to us with an expected set of results.

700 ballot cards were adjudicated in order to test each ‘out-stack’ condition (blank card, overvoted contest, indeterminate marks, and write-in positions) to ensure the scanners were accurately identifying those ballots with those pre-indicated conditions.

Our end results matched 100%, meaning after all test ballots were scanned and adjudicated, we found our test results matched the predetermined expected results with 100% accuracy.”

CCMT returns with “The 25th Annual Putnam County Spelling Bee”

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After two-year hiatus Contra Costa Musical Theatre brings fun and laughs to El Campanil Theatre in Antioch Nov. 4-20

By Liz Nunan, Chair, Marketing Committee, Contra Costa Musical Theatre

Contra Costa Musical Theatre (CCMT) is thrilled to present the non-profit organization’s first musical production in over two years, “The 25th Annual Putnam County Spelling Bee!” The show will run on select dates Nov 4 – 20, and tickets are $38 for adults and $32 for Youth and Senior showgoers. Tickets are available on the El Campanil Theatre website.

About the Show 

“The 25th Annual Putnam County Spelling Bee” is a riotous ride, complete with audience participation and a delightful den of comedic genius. Winner of the Tony and the Drama Desk Awards for Best Book, this fabulous musical features a fast-paced, wildly funny and touching book by Rachel Sheinkin and a truly fresh and vibrant score by William Finn, this bee is one unforgettable experience.

The plot centers around an eclectic group of six mid-pubescents vying for the spelling championship of a lifetime. While candidly disclosing hilarious and touching stories from their home lives, the tweens spell their way through a series of (potentially made-up) words, hoping never to hear the soul-crushing, pout-inducing, life un-affirming “ding” of the bell that signals a spelling mistake. Six spellers enter, one speller leaves! At least the losers get a juice box.

About the Production 

CCMT’s production is directed by John Maio, produced by David Pinkham with Musical Direction from Kerry Leyden and choreography by Justin Sabino. The cast features wonderfully talented performers from across the Bay Area.

After many wonderful years at the Lesher Theater in Walnut Creek, CCMT productions are now traveling to different theaters across the community in an effort to reach new audiences. “The 25th Annual Putnam County Spelling Bee” will be presented at the historic El Campanil Theatre in Antioch.

PLEASE NOTE: This production is rated PG-13 due to a small number of profanities and vulgarities.

About CCMT

Contra Costa Musical Theatre, Inc. (CCMT) was founded in August 1961 with the purpose of bringing high-quality Broadway musicals to the East Bay. We are a community-based non-profit organization dedicated to an appreciation for and involvement in musical theatre of the highest quality. Since those early beginnings, CCMT productions have been presented on a variety of stages. We have been honored with numerous Shellie Awards and Bay Area Theatre Critic Circle Awards for our productions and the artists associated with our productions, and have had the unique privilege of presenting several East Bay Premieres in recent seasons.

 

Antioch Mayor Thorpe no show for DUI trial, attorney says he wants to change plea

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Antioch Mayor Lamar Thorpe is facing DUI charges from an arrest in the early morning of March 19, 2022.

New hearing set for Dec. 13

By Allen D. Payton

According to an Antioch resident who was at the courthouse in Martinez, Wednesday, Oct. 12, 2022, Mayor Lamar Thorpe did not show up for his DUI trial before Judge Joni T. Hiramoto, and that his lawyer stated Thorpe wants to change his plea from not guilty. The resident also shared that a new hearing for Thorpe is set for Dec. 13, 2022, in Dept 20. at 8:30 am. The information was later confirmed by Contra Costa District Attorney’s Office Public Information Officer, Ted Asregadoo.

Thorpe was arrested in March for DUI at 1:15 a.m. in Concord. In a Facebook video later that morning he apologized for having “the drink with dinner”. He wouldn’t say with whom or where he had dinner nor what alcohol he had consumed that night. Thorpe was charged by the DA and later pled not guilty. (See related articles here, here, here and here)

However, reports from the staff of an Antioch restaurant are that Thorpe had consumed three shots of alcohol earlier that evening before heading out of town.

An email was sent to Asregadoo Wednesday morning asking, if he could confirm the information provided by the resident was true and if not, to please provide the correct information. In addition, he was asked who from the DA’s office is prosecuting the case.

“You are correct,” he replied. “The next court date is on 12/13/22 at 8:30 am in Department 20.  They set the date today for a change of plea. I don’t know which DDA has been assigned to this case, but the supervisor of the misdemeanor trail team is Jay Melaas.”

Attempts to reach Thorpe were unsuccessful asking if what the resident shared is true and if not to please provide the correct information. He was also asked, “Why weren’t you there? Were you still in Seattle for the APTA conference or traveling home at the time? What will you be changing your plea to? No contest or guilty? Will you attend the new hearing on Dec. 13?”

Thorpe might have been traveling home from the conference, today and unable to respond to questions. An effort to reach staff of Tri Delta Transit asking who from the agency attended the conference and if Thorpe, who is the agency’s board vice chair, was among them were unsuccessful prior to publication time. District 4 Councilwoman Monica Wilson who is also a board member for the agency representing Antioch did not attend the conference, as was previously expected.

Please check back later for any updates to this report.

November 8th ballots in the mail as of October 10th 

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Clerk-Recorder-Registrar claims elections in Contra Costa County are secure

By Dawn Kruger, Civic Outreach/Engagement Specialist, Contra Costa County, Clerk-Recorder-Elections Department 

On Friday, Debi Cooper, County Clerk-Recorder-Registrar, announced that registered voters in Contra Costa County will soon receive their Official Ballots for the upcoming November 8, 2022, General Election. Ballots were at the post office on Monday, October 10th and should arrive in mailboxes beginning today, October 11th.  If you do not receive your ballot by October 20th, call their office at 925-335-7800.

Cooper emphasizes that “Elections have been designated as critical infrastructure of this nation.  The State of California has one of the strongest voting security system standards in the country. Contra Costa County follows each and every procedure to ensure our residents can feel confident that their vote is being counted in the safest, most secure way possible.”

She also claims that “Contra Costa County Elections processes are not only safe and secure, but also fair, accurate, and accessible.  Security protocols in place include:

  • The voting system is a paper-based system. The paper ballot submitted by the voter is considered the official record of the vote cast.
  • The voting system is NEVER connected to the internet or county network.
  • The voting system is physically restricted under lock and key; only authorized personnel are allowed in the area.
  • Strict chain of custody procedures and the two-person rule are enforced.
  • A state-mandated logic and accuracy test of the ballots and voting system is required to ensure votes are tabulated accurately.
  • After Election Day, the County is required to perform a manual hand tally (audit) of at least a 1% of the votes as part of the official canvass process to confirm that the voting system accurately tabulated and reported all votes cast.”

For more information about the November 8, 2022 General Election, go to The Contra Costa County Elections Office, your trusted source of nonpartisan elections information, visit the website at www.contracostavote.gov, or call 925-335-7800 M-F 8 am to 5 pm.

Danville middle school teacher charged with lewd acts on minors

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Also, worked as cheerleader instructor in San Ramon; faces additional charge of distributing or showing porn to minor

By Ted Asregadoo, PIO, Contra Costa District Attorney

The Contra Costa County District Attorney’s Office has filed felony charges against a Middle School teacher in Danville for committing lewd acts on minors.

A three-count felony complaint was filed with the Superior Court of California, Contra Costa County on September 16th against 41-year-old Nicholas Brandon Moseby of Concord. Moseby is being charged with two counts of committing a lewd act upon child. One minor is 15 years old, and the offense occurred on August 31, 2022. The other minor is 14 years old and was also a victim of a lewd act and unwanted pornographic images on September 4, 2022. For that offense, Moseby faces one count of distributing or showing pornography to a minor.

Moseby was arrested on September 14th, and at the time he was a biology teacher at Diablo Vista Middle School in Danville — and also worked as a cheerleader instructor at Nor Cal Elites in San Ramon. Moseby’s arraignment is scheduled on September 19th at 1:35 pm in Martinez. He’s currently in custody in the Martinez Detention Facility and bail is set at $200,000.

The Contra Costa County Internet Crimes Against Children Task Force investigated this incident. There may be other victims, and anyone who has information, please call Darryl Holcombe, Senior Inspector with the Contra Costa County District Attorney’s Office, at 925-957-2200.

Case Number: 01-22-01583 | The People of the State of California v. Nicholas Brandon Moseby

In post of self-promoting comments Antioch Mayor Thorpe repeats Quinto family’s debunked false claims about police officers, in custody death

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creenshot of Thorpe’s Oct. 6, 2022, Facebook post of Quinto family comments.

Quinto was not in police custody when he died in the hospital three days later from “excited delirium and prescription drugs”

Antioch Police Officers Association, Mayor Pro Tem Barbanica respond; Thorpe does not

By Allen D. Payton

In a post on his official Facebook page on Thursday, Oct. 6, Antioch Mayor Lamar Thorpe repeated the lies by the family of Angelo Quinto that he “was killed by Antioch Police” and that his was an “in custody death”. Both claims have been debunked by both the Contra Costa County Coroner and the Contra Costa District Attorney’s Office, as well as former Police Chief Tammany Brooks.

Thorpe posted the glowing comments about himself by Quinto’s mother and stepfather, that include the false claims which read, “‘Mayor Lamar Thorpe has been a courageous leader, helping the city of Antioch overcome a history that has often failed many members of its highly diverse community.

Our son, Angelo Quinto, was killed by Antioch Police in December 2020, soon after Mayor Thorpe was elected. A second in custody death followed closely thereafter. Mayor Thorpe was instrumental in seeking and achieving meaningful reforms, including body cams and non-police mental health response teams, that led to better policing for the Antioch community in an expeditious manner.

As a result of Mayor Thorpe’s fearless leadership, the city of Antioch has reformed or is in the midst of reforming many critical areas. His fearlessness has often made him the target of attacks by members of the community who don’t understand the need or are afraid of the reforms that have been undertaken. He is a forward looking leader who will not be silenced, and is helping Antioch overcome a legacy of exclusion and division, and transform it into a city that lives by its motto, opportunity lives here.’

Cassandra Quinto-Collins and Robert Collins”

The other death they referred to, was of a man that occurred in February 2021 while he was in custody at a local hospital. He was under the influence of drugs, running into traffic on major city streets and attempted to break into a car with the driver inside and had to be tazed by police to subdue him. He was administered NARCAN and later died while still in-custody at a local hospital. (See related article)

March 2021 – Antioch Police Chief: No Knee to Neck, Quinto Died Not In Police Custody

Yet, during the press conference held about the case, in March 2021, then-Antioch Police Chief Tammany Brooks said Quinto died in the hospital three days after the incident while not in police custody. (See related article)

At that press conference which Thorpe both attended and spoke during, Brooks said there was no knee on Quinto’s neck by officers and he was not in custody at time of his Dec. 26 death. In addition, Brooks released the 9-11 calls from Quinto’s family to Antioch Police demonstrating the need for the officers’ response to protect the family from Quinto who was harming them. Officers arrived on the scene to find Quinto being actively restrained by his mother on a bedroom floor of the home, Brooks further shared.

In addition, he shared he had “been in contact with the Coroner’s Office and the following four points have been jointly approved by multiple pathologists related to their findings thus far:

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

August 2021 – County Coroner’s Inquest Jury: Quinto’s Death Was Accident Caused by “Excited Delirium and Prescription Drugs”

Then in August 2021, a Contra Costa County Sheriff-Coroner’s Inquest Jury, after hearing the testimony of witnesses, found that Quinto’s death was an accident. He “succumbed to excited delirium and prescription drugs during the physical altercation with officers, the Contra Costa County Coroner’s Office ruled”.  (See related article)

September 2022 – Contra Costa DA Report: Officers Acted In Lawful, Objectively Reasonable Manner

Finally, early last month, the Contra Costa District Attorney’s Office issued a 39-page, “Report of the Law Enforcement Involved Fatal Incident In-Custody Death of Angelo Voithugo Quinto on December 24, 2020” in which they wrote, “…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…” The report concluded that, “In applying the applicable law and the California District Attorney’s Uniform Crime Charging Standards to the present case, there is no evidence of a criminal offense committed by Officer Becerra, Officer Perkinson, Officer Hopwood, or Officer Shipilov. As such, no further action will be taken in this case.” (See related article)

Thorpe Refuses to Answer Questions, Now Limiting Comments on Official Facebook Page

Questions were sent to Thorpe Saturday morning, Oct. 8 asking, “do you not believe the findings from the office of your political ally, D.A. Diana Becton? Do you not recognize the negative impacts of what you’ve shared on the morale of Antioch Police Department personnel?

Are you not aware that officers who are leaving the department are claiming in their exit interviews that it’s partially and directly related to your attitude and that of your two council colleagues, Monica Wilson and Tamisha Torres-Walker, against them, other APD officers and the department as a whole?”

In addition, posts on his Facebook page show Thorpe only allows select individuals to post comments. Below each post the following sentence can be read: “Mayor Lamar A. Thorpe limited who can comment on this post.”

He was then asked, “Why have you limited comments on this and other posts on your official Facebook page? Are you afraid of reading comments by ang engaging with your constituents who you were elected to represent and serve? Do you not want to know what your constituents are thinking? Isn’t that being cowardly? Who are you allowing and not allowing to comment on the posts on that page? What is the criteria you are using for your selectivity?”

Screenshot of Sept. 2, 2022, Facebook post of APOA statement regarding the CCDA’s Quinto case report.

Antioch Police Officers Association Responds

Asked if he had a response to Thorpe’s post Sergeant Rick Hoffman, president of the Antioch Police Officers Association responded with the statement they issued to the Associated Press in September and posted on their Facebook page on Sept. 2nd:

“The death of Angelo Quinto was an unfortunate circumstance and the men and women of the Antioch Police Department continue to pray for the Quinto family. The Contra Costa County District Attorney’s office has cleared the Antioch Police Officers involved in this incident of any wrongdoing and we believe this is the correct decision.”

Mayor Pro Tem Barbanica Also Responds

Mayor Pro Tem Mike Barbanica also responded to Thorpe’s posting of the Quinto family’s comments, sharing the Sept. 2nd post on his own official Facebook page following the announcement by the DA’s office. He wrote, “I want to be very clear that the loss of any human life is tragic. This is not in any way meant to minimize that. This article speaks for itself and I believe that we should wait for investigations to be completed before making assumptions.

Screenshot of Antioch Mayor Pro Tem Mike Barbanica’s Sept. 2, 2022, Facebook post regarding the CCDA’s Quinto case report

During this time, so many statements were made by members of the public and elected officials which led many people to believe there was wrongdoing before any formal investigation was complete. I want to point out, that I always understand the emotion and the sense of loss from family members, so this is in no way referring to their response or minimizing their grief. This is about people within our community and elected officials that should know better, that we should wait to find out the facts before jumping to conclusions.

Last year there were even statements published after being made by Assemblyman Gipson of So. CA. that there was an officer that did kneel on Mr. Quinto’s neck for five minutes, giving the appearance that this contributed to this death. This statement was made before any findings were made public.

On 9/3/21, I personally called and spoke with the Assemblyman about this, telling him that I disagreed with his public statement, especially before any findings had been published and that there was no evidence of this. I also brought to his attention at that time, the recent Coroner’s Inquest findings. During that conversation, he told me that he was going to personally call Chief Brooks and apologize for the premature statement and apologize to the APD. With Chief Brooks permission, I supplied the Assemblyman with the chief’s personal cell phone number.

On 9/13/21 I again reached out to him as that call had not yet happened, but he told me that he would be making the call. To my knowledge, that has yet to happen.”

Please check back later for any updates to this report.