Contra Costa Herald

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

Martinez man faces charges of robbery, mail theft, carjacking of Postal Service worker, vehicle

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

On February 2, 2023, a United States Postal Service (USPS) worker was robbed in Martinez and their mail truck was stolen by 35-year-old Joshua Scott Anderson. Charges were filed on February 28th against Mr. Anderson by the Contra Costa District Attorney’s Office.

The robbery of the carrier’s postal vehicle key and theft of the USPS mail truck occurred around 10:30 am at the Lotus Apartments on the 3900 block of Alhambra Avenue. According to reports, Anderson approached the carrier and used force to rob the Postal worker of their key and the mail truck – which contained letters and parcels.

The stolen mail truck was recovered about 30 minutes later, but several trays of mail and parcels were missing.

Following an investigation, Anderson was arrested and charged with second degree robbery [PC211], carjacking [PC215(a)], driving or taking a vehicle without consent [VC10851(a)], and mail theft [PC530.5(e)].

The complaint also lists an enhancement for prior convictions of vehicle theft, special allegations for committing a felony while on probation, and prior convictions of first-and second-degree burglary, vehicle theft, and identity theft.

Anderson is currently in the Martinez Detention Facility. He was arraigned on the charges on Wednesday, March 1 in Superior Court of California, County of Contra Costa in Martinez.

In a statement, San Francisco Division Inspector in Charge, Rafael Nunez, said, “The Postal Inspection Service takes threats to our employees and the theft of mail very seriously, and we will vigorously pursue those who commit such crimes. Postal Inspectors worked closely with the District Attorney’s Office and our partners at the Martinez Police Department and the Contra Costa County Sheriff’s Office on this case.”

Incidents of mail theft and Postal carriers being robbed – sometimes at gunpoint – have increased nationwide. The safety of USPS employees is paramount, and employees have received training on what to do if they are robbed. However, Postal Inspectors urge the public to report any suspicious activity involving mail trucks or postal carriers.

Case #01-23-00557 | The People of the State of California vs. Anderson, Joshua Scott

Antioch woman arrested for making threats against Christian schools in Walnut Creek

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By Lt. Holley Connors, Walnut Creek Police Department

An Antioch woman who is suspected of making threats to a private school in Walnut Creek is in custody. Walnut Creek Police Detectives and the Central County SWAT Team served a search and arrest warrant at 33-year-old Danielle Nye’s residence in Antioch last night. Detectives ultimately arrested Ms. Nye for PC 422 – Criminal Threats.

On February 28th, Contra Costa Christian Schools (CCCS) reported to Walnut Creek Police Department (WCPD) that they received numerous emails and voicemails from an unknown person who spoke of vague threats of violence toward the school. Officers worked to identify and locate the sender and to determine if there were any credible threats.

On March 1st, CCCS notified WCPD that they received more emails, and the threatening language had escalated. One email contained a photo of an apparent rifle.

Based on the continuing threats, behavior of the caller, and the photo of the weapon, CCCS sent students in after-school classes home early on March 1st. Walnut Creek Police searched the campus and found no evidence of weapons or threats to staff or students. Out of an abundance of caution, CCCS cancelled all classes for March 2nd.

At this time, there is no known threat to CCCS’ staff or students. It appears this was an isolated incident, and WCPD will continue follow up investigation to confirm no one else was involved. It is unknown what, if any, connection Ms. Nye has to CCCS.

She was booked into the Martinez Detention Facility and remains in custody on $25,000 bail. Anyone with any information is asked to contact Walnut Creek Police Department at 925-943-5844 or call the Anonymous Tip Line at 925-943-5865.

Case #: 23-7237

 

San Pablo man with outstanding felony warrants takes own life in Antioch Wednesday

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By Public Information Officer Ashley Crandell, Antioch Police Department Community Engagement Unit

On Wednesday, February 8, 2023, at 2:56 pm, the Antioch Police Department Communications Center received a call reporting shots fired at a residence in the 2300 block of “L” Street. Shortly after, a second call was received from an individual reporting they had been on the phone with a male at the residence when a gunshot was heard in the background. The caller believed the male had committed suicide.

Officers arrived and contacted bail bonds agents who indicated they had gone to the residence to take a 30-year-old male into custody for multiple outstanding felony warrants. As they approached the front door, they heard one gunshot from inside the residence. Officers received no response at the residence and forced entry to find a deceased male with a gunshot wound to the head. The male was found still holding a handgun. No other occupants were found inside the residence.

Officers continue to investigate the incident and ask any potential witnesses to contact our Dispatch Center at (925) 778-2441. We are not naming the victim at this time pending further notification of family members.

13 arrested in multi-agency Contra Costa anti-human trafficking operations

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Part of statewide Operation Reclaim and Rebuild, 30 survivors identified

By Ted Asregadoo, Public Information Officer, Contra Costa District Attorney’s Office

Partners working in collaboration with the Contra Costa Human Trafficking Task Force made 13 arrests during a weeklong statewide effort to recover survivors of human trafficking and apprehend their exploiters.

As a part of the statewide Operation Reclaim and Rebuild, task force partners conducted eight separate anti-human trafficking operations throughout Contra Costa County from January 23rd through January 28th, 2023. Their efforts yielded 13 arrests of suspected human traffickers and the identification of 30 survivors of human trafficking. All the victims had the opportunity to speak with a specialized human trafficking victim advocate and were offered services.

“My office stands ready to evaluate these cases for prosecution and hold traffickers accountable for their exploitation of vulnerable members of our community,” noted District Attorney Diana Becton.

The suspects were arrested on one or more of the following human trafficking or human trafficking related offenses: sex trafficking of an adult, a minor, pimping, and pandering. [PC236.1(b), PC236.1(c), PC266h, and PC266i].

Task Force Director, Katrina Natale, emphasized that “without the careful planning and collaborative efforts of a wide array of law enforcement and victim services partners, the important outcomes achieved through these operations would not have been possible.”

Participating agencies included, in alphabetical order:

  • Brentwood Police Department
  • California Department of Alcoholic Beverage Control
  • California Department of Corrections and Rehabilitation
  • California Department of Industrial Relations
  • California Employment Development Department
  • California Highway Patrol
  • Community Violence Solutions
  • Concord Police Department
  • Contra Costa County District Attorney’s Office
  • Contra Costa County FBI Safe Streets Task Force
  • Contra Costa County Parole Department
  • Contra Costa County Probation Department
  • Contra Costa County Sherriff’s Department
  • Federal Bureau of Investigations
  • Hercules Police Department
  • Homeland Security Investigations
  • International Rescue Committee
  • My Sister’s House
  • Northern California Regional Intelligence Center
  • Pinole Police Department
  • Pittsburg Police Department
  • Pleasant Hill Police Department
  • Richmond Police Department
  • San Pablo Police Department
  • San Ramon Police Department
  • Victim Services Division (FBI)
  • Victim Witness Assistance Program (CCCDA)
  • Walnut Creek Police Department

The Contra Costa Human Trafficking Task Force is co-led by the Office of the District Attorney for Contra Costa County and Contra Costa Human Trafficking Task Force Community Violence Solutions, a community-based 24-hour service provider for survivors of sexual assault and human trafficking. Founded in 2018, the Task Force aims to eradicate all forms of human trafficking in Contra Costa County through collaborative, multidisciplinary efforts to identify and support victims of human trafficking and to hold traffickers accountable through effective prosecution.

Anyone with information on suspected human trafficking (sex or labor) or related crimes is encouraged to make a report to your local law enforcement agency or the District Attorney’s Human Trafficking Tip Line (925) 957-8658.

 

DA Report: Use of force justified in 2021 shooting death involving San Pablo PD

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Suicide by cop – with multiple drugs and alcohol in his system “Valdez said there was no way to solve his problem and that he wasn’t going to kill himself but would ‘let the cops do it for me’”

By Ted Asregadoo, Public Information Officer, Contra Costa District Attorney’s Office

The Contra Costa District Attorney’s Office has determined San Pablo Police Officers were legally justified in their use of force against 45-year-old Sergio Baldemar Escalera-Valdez in 2021.

Law Enforcement Involved Fatal Incident reports (LEIFI) are conducted by the CCCDAO whenever a law enforcement officer or a civilian is shot, killed, or dies during an encounter with members of a police agency. The District Attorney’s Office conducts its own independent investigation into law enforcement fatal incidents to determine if officers are criminally liable for their actions. If evidence of criminal conduct is found during the DA’s investigation, a LEIFI report may be used in a trial as evidence – and will not be released to the public until the trial has concluded. However, if the DA’s Office determines that criminal charges will not be filed, the report will be released to the public in a timely manner.

District Attorney Diana Becton notes, “My promise to the voters of Contra Costa County has consistently been about prioritizing public safety, transparency, and increased accountability. When my office undertakes a LEIFI investigation, our goal is to thoroughly investigate the facts to determine criminal liability and detail those findings in a clear and comprehensive manner.”

The incident involving Valdez started around 2:25 in the afternoon on December 15th, 2021, in the parking lot of the Evergreen Market at 1330 Market Avenue in San Pablo. An employee at the market called 911 to report a white or Hispanic male in the parking lot holding a firearm. The employee also noted that it appeared the man was manipulating the firearm’s magazine.

When officers from San Pablo Police were dispatched to the area, they met at a staging area near the Evergreen Market to prepare to contact Valdez. A dispatcher radioed to the officers that the man was seen driving a red Toyota Tacoma recklessly out of the parking lot. Officers spotted the vehicle and pursued Valdez and got him to pull over. Officers noted that Valdez appeared to be moving around the cab of the truck in an unusual manner. With their weapons drawn, officers ordered Valdez to show his hands multiple times. He initially responded “No” but then placed his hands outside the window of the truck – where his hands appeared to be bloody. Valdez then exited the vehicle with his back toward the officers and had what appeared to be a firearm in his hand. When Valdez appeared to manipulate the weapon by “racking the slide” (i.e., pulling the pistol’s slide to the rear and releasing it – which is a movement consistent with loading a cartridge into a firearm’s chamber), he turned around and faced the officers. After repeated commands to drop the weapon, Valdez brought the weapon up. The officers, believing, they were in imminent danger of Valdez firing his gun at them, fired their weapons at him. After Valdez was no longer a threat, officers kicked away the gun – which was later identified as a BB-handgun. Emergency medical responders arrived on the scene, and attempted life-saving measures, and transported him to a local hospital where he later died from his wounds.

Witness statements from those who were related to Valdez noted that he had been depressed for several months due to financial difficulties. He also said to family members that he planned to kill himself. On December 15th about an hour before the 911 call was made, an employee from the Evergreen Market interacted with Valdez in the parking lot after Valdez called him over to his truck. Valdez attempted to give the worker money, but the worker refused. He then began to cry, and the worker offered to help him with whatever was causing him grief. Valdez said there was no way to solve his problem and that he wasn’t going to kill himself but would “let the cops do it for me.”

On December 16th, Dr. Arnold Josselson performed an autopsy on Valdez for the Contra Costa County Coroner. In his report, Dr. Josselson noted that Valdez had seven gunshot wounds, with a fatal wound to his chest that also penetrated his liver. Toxicology results noted Valdez tested positive for “methamphetamine, amphetamine, and THC (marijuana). It also revealed that Valdez’s blood alcohol level was .210 % (over twice the legal limit for driving under the influence).”

In its legal analysis, the District Attorney’s Office concluded that the officers’ actions in stopping Valdez in his vehicle and attempting to detain him were lawful – given the information officers received from the 911 call. Furthermore, the officers involved in the shooting were justified in their lethal use of force due to their reasonable belief that they needed to defend themselves against an imminent threat of death or serious bodily injury. As such, no further action will be taken in this case.

The District Attorney’s Office notified the Valdez family about the publication of this report. A copy of the report has also been sent to the San Pablo Police Department, state Attorney General Rob Bonta’s office, and is available on the District Attorney’s website.

El Cerrito, Sacramento men arrested for residential burglary of elderly woman in Antioch

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Arrest photos of suspects Delancey Huff and Donley Thompson. By APD

Following police pursuit after suspects struck police car, crashed their own car on Hwy 4 and attempted carjackings on offramp

By Antioch Police Public Information Officer Ashley Crandell, Community Engagement Unit

On February 1, 2023, at 3:08 pm, the Antioch Police Department’s Dispatch Center received a call from a resident on Durness Court reporting a burglary in-progress of an occupied residence. Information received reported the occupant was possibly an elderly female.

Officers immediately responded to the scene and were assisted by the Contra Costa County Sheriff’s Office Air Unit, which was overhead within minutes. The Air Unit advised the back door was shattered and there was a vehicle backed into the driveway. When officers arrived on scene, the suspects, 31-year-old Donley Thompson of Sacramento and 42-year-old Delancey Huff of El Cerrito, fled in the vehicle that was in the driveway, striking a police vehicle. No officers were injured because of the police vehicle being struck.

Officers pursued the vehicle with the assistance of the Air Unit. Ultimately, the suspect vehicle got onto Highway 4 and collided with a guardrail near the Hillcrest Drive off-ramp. Huff and Thompson ran across westbound traffic on Highway 4, over the BART tracks in the middle of Highway 4, and through the eastbound lanes of traffic. Huff and Thompson were attempting to carjack people that were stopped on the eastbound Highway 4 off-ramp at Hillcrest Drive. Officers chased Huff and Thompson on foot and ultimately took them into custody on the offramp.

Officers located the victim’s stolen property in the vehicle that was abandoned by the suspects and her property was later returned to her. She was not in the residence at the time of the burglary.

Huff and Thompson were arrested for felony burglary, conspiracy, and reckless evading of a police officer. Huff was on parole for residential burglary and was released from custody on December 22, 2022.

We would like to thank the alert resident who saw something suspicious and contacted our Dispatch Center about it. We would also like to thank the Contra Costa County Sheriff’s Office Air Unit for assisting our officers in the capture of these suspects.

Antioch Mayor’s remarks at MLK Day breakfast spark response by Oakley Councilman not wanting to provide neighboring city with police support

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Antioch Mayor Lamar Thorpe. File photo.  Oakley Councilman George Fuller. Source: Facebook

“Mayor Thorpe was indicating he had placed the yoke of oppression on Antioch’s police officers and implemented what seemed an era of tyranny towards Antioch officers…Mayor Thorpe’s outlandish statements are politically motivated, and I believe he would use an Oakley officer as a pawn to advance his political agenda.” – Councilman George Fuller

Antioch Police Officers respond to Fuller’s remarks, take swipe at Thorpe

“The mayor’s constant attacks against our officers have always been unhelpful” – APD Sgt. & APOA President Rick Hoffman

NAACP President says “nothing inappropriate” about Thorpe’s comments; Antioch resident “embarrassed” by them

By Allen D. Payton

At the end of the Oakley City Council meeting Tuesday night, Jan. 24, 2023, Councilman George Fuller took a swipe at Antioch Mayor Lamar Thorpe not wanting to have Oakley Police Officers provide support to Antioch Police because of something Thorpe said at the recent MLK Day Breakfast hosted by the NAACP East County Branch. (See 1:50 mark of video)

Fuller spoke about the Antioch City Council and said, “Now, we stay on our side and I’m very happy. But there’s one thing that I’m very, very concerned about, and that is we have a mutual aid agreement with Antioch for our officers to go to the city to assist officers in that location to make arrests, put their lives on the line, and perhaps become involved in a…and I want to discuss what we can do to protect our officers. Because the way it was going was that if something happens over there, Mayor Thorpe is going to be very happy to say ‘well, our officers misbehaved’…and I don’t want to see their careers go up.”

“Our officers are trained. Whatever he says, our officers are trained,” Fuller continued. “I do not want my officers going over there and suddenly finding themselves in trouble.”

Fuller Shares Explains His Concerns About Thorpe’s Remarks

Asked what Thorpe had said at the breakfast that caused his concern, Fuller responded in an email writing, “Before going any further, I need to say that I find the East Contra Costa NAACP a viable organization that has worked extensively, and still does, to create homogeneous communities in East Contra Costa County that are diverse and inclusive. I am completing my membership request to become a member of the association.

I did attend the Martin Luther King, Jr’s prayer breakfast, sponsored by the East Contra Costa NAACP. I received an invite from Odessa LeFrancois, installed as president of the group during the meal. I am grateful that Ms. LeFrancois extended the invitation.

I represented the proclamation that the City Council of Oakley extended honoring the legacy of Dr. Martin Luther King, Jr. I did so at the behest of Ms. LeFrancois. The proclamation was the first to honor Dr. King by the City of Oakley City Council. The reception of the proclamation of those attending the breakfast was commendatory.

Mayor Thorpe followed my presentation. Mayor Thorpe’s first words were, ‘Some cities just give proclamations; in Antioch, we do something about it.’ The statement intended to insult Oakley’s proclamation. It was evident in Mayor Thorpe’s mind that the Oakley City Council gives a token acknowledgment of Dr. King’s legacy but fails to address systemic racism in Oakley. Yes, Mayor Thorpe’s rhetoric and hostile discourse are not valid.

Mayor Thorpe said he has solved racism in Antioch by ‘reining in the police’. Mayor Thorpe stated, ‘we have banned certain control holds that the police can use. We deny the police the use of military-grade equipment. We have created a police oversight commission.’ Mayor Thorpe was indicating he had placed the yoke of oppression on Antioch’s police officers and implemented what seemed an era of tyranny towards Antioch officers. Mayor Thorpe said that his efforts have resulted in a fifty percent decrease in murders in Antioch. Antioch residents did not suffer injustices from the police because of his actions.

Mayor Thorpe continued that there were three Black council members on the Antioch City Council. Consequently, Mayor Thorpe could implement his agenda, which favored Black lives in Antioch. Also, those who attempted to recall him from the council would experience consequences for trying to do so. In short, Mayor Thorpe marginalized Antioch Police Officers as a violent, out-of-control, racist organization, and he was protecting Antioch from the police.

Initially, Mayor Thorpe experienced polite applause for his statements. At the end of his lengthy monologue, he received no applause.

My immediate concern was the well-being of Oakley Police Officers. Oakley officers respond to mutual aid requests from the Antioch Police Officers when the Antioch officers confront an emergency that strains their safety resources. Mayor Thorpe’s statements indicate that he would have no qualms demonizing an Oakley officer for responding to a situation where lives were at risk. The threat to the officer, and the officer’s family, would be catastrophic. Mayor Thorpe’s outlandish statements are politically motivated, and I believe he would use an Oakley officer as a pawn to advance his political agenda.

I believe it is incumbent on the Oakley City Council to determine the threat to Oakley officers and take precautionary measures to protect them as they respond to mutual aid requests in Antioch. I am grateful that the Oakley City Council agreed (except perhaps one member who has publicly commented on my statements) to discuss the issue and reconcile any dangers to Oakley officers.

The Oakley Police Department offers extensive training on professional responses to critical safety issues and contains them with the least amount of force necessary to control the situation. The City of Oakley takes a course of providing adequate funding for the police department to be able to deliver professional police services properly. Oakley officers are aware of systemic racism, even in Oakley, and how to respond to such demagoguery ensures the well-being of all members of the Oakley inclusive community.

An example of Oakley’s professionalism occurred the night of January 15, 2023, the night before the NAACP breakfast; officers responded to a man with a gun in Oakley. Upon arrival, the suspect pointed a gun at the officer. The officer retreated, and the Oakley officers contained the area and called for a mental health team to respond to the location. The mental health team responded by convincing the suspect to surrender their weapon. The officers afforded the health services the suspect so urgently required. That is an example of the ‘true grit professional police services’ Oakley officers deliver. I will not allow those services to be ‘trashed’ by Mayor Thorpe.

I do not want to see an Oakley officer end their career by saving the life of an Antioch officer or Antioch resident and suffer a catastrophic tyrannical political outburst from the Mayor of Antioch, Lamar Thorpe.

I previously mentioned that Mayor Thorpe delivered similar statements at the Contra Costa Mayors Association in Hercules on January 5, 2023.

Hopefully, the above answers your request.

With best regards,

George Fuller, MPA, MA

——————-

Antioch Police Officers Respond to Fuller, Take Swipes at Thorpe

In a message to the media on Thursday afternoon, also posted later on the Antioch Police Officers Association Facebook page, President and APD Sergeant Rick Hoffman wrote, “Earlier today, the APOA was solicited for comment regarding an Oakley City Council member requesting that the Oakley Police Department stop sending officers into Antioch after hearing remarks from Mayor Thorpe at an NAACP breakfast. As we said earlier, the idea of neighboring police agencies not assisting each other is deeply troubling. We recognize that crime has no borders and the best way to combat crime and keep the citizens of our cities safe is by everyone, police officer and citizen alike, to work together. APD has always and will continue to work with our neighboring agencies in times of need. We will always answer the call when they ask, and we hope they will do the same.

What we, as a POA, want to further highlight is the unnecessary and disparaging remarks that Mayor Thorpe makes on a routine basis towards the officers of APD. Mayor Thorpe claims that he has outlawed certain control holds and has mandated that our officers act in a certain manner. Not only is the claim that he has outlawed control holds inaccurate at best, but the further claim that his alleged efforts have led to a reduction in Antioch’s murder rate is a slap in the face to the hard work of the men and women of APD. Facing an unprecedented staffing shortage, our officers work diligently to solve these crimes amidst one of the most tumultuous times ever faced by our department. The mayor’s constant attacks against our officers have always been unhelpful but we wish to highlight that his comments are now also dangerous and putting officer’s lives at risk. For his comments to cause other cities to entertain the idea of no longer assisting our department is alarming and we call on the mayor to exercise caution and restraint when speaking about our officers.

We would also like to recognize that we have always had, and plan on continuing, a great working relationship with our neighboring agencies. Specifically, we appreciate the ongoing support we receive from the Oakley, Pittsburg, and Brentwood Police Departments.”

——————-

NAACP President Responds

“I don’t know what they’re talking about,” Odessa LeFrancois, Antioch resident and recently elected President of the NAACP East County Branch said when reached for comment regarding Thorpe’s remarks. “As far as what I know, Lamar didn’t say anything inappropriate at the breakfast.”

Antioch Resident and Breakfast Attendee “Embarrassed” by Thorpe’s Remarks

Antioch resident Velma Wilson, who also attended the breakfast, disagreed with LeFrancois and confirmed Fuller’s views on Thorpe’s remarks.

“The Oakley Councilmember presented a proclamation of being more active with organizations like the NAACP and spreading the message of Dr. King. The councilman had a service animal with him,” she said. “Thorpe wasn’t on the program. It was toward the end of the meeting. But then he went on this rant about Black people and that although we are in Pittsburg our city is the most of diverse.”

Wilson continued saying Thorpe said, “‘We aren’t just typing up a resolution to sound pretty we’re actually putting into action our work. I’m proud of the work of the three Black council members and we’re not going to stop.’”

“He also said, ‘I know we have a recall proponent in here,’” she said referring to her.

“‘In East County we are the city holding our police officers accountable and we are the council, and I reiterate, a majority Black council that made sure we had body cameras on each of our officers.’” Wilson recalled of Thorpe’s remarks.

“MLK, yes, he fought for civil rights, but for all,” Wilson stated.

“A lot of people were checking out and getting up. He went more on a racial thing,” she continued about Thorpe’s remarks.

“Even (Pittsburg Mayor) Shanelle (Scales-Preston) was ‘how do you say, you’re in Pittsburg, you’re at MLK Junior High on MLK Day, and you say Antioch is the best’?” Wilson stated. “I was embarrassed as an Antioch resident.”“Lamar thought he had an audience that would cheer and clap for that crazy speech. He may have had three people clap for him,” she added.

Thorpe Does Not Respond

The mayor of Antioch was asked via email Wednesday if he had any comment on his remarks at the breakfast, responses to Fuller’s comments and the APOA’s statement and about the mutual aid between the two police departments. But Thorpe did not respond.

DA says 2021 use of force by Antioch Police Officers was lawful

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Following investigation of in-custody death of Arturo Gomez Calel; while on meth attempted to break into occupied vehicles, struggled with and was tased by police

Mayor Thorpe used incident to push his police reforms at special Friday meeting later that week

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

Martinez, Calif. –  On Friday, Jan. 13, 2023, the Contra Costa District Attorney’s Office released a report on the 2021 in-custody death of 33-year-old Arturo Gomez Calel in Antioch clearing police of any wrongdoing. The DA determined as written below, “the use of force by Antioch Police Officers was lawful and permitted”. 

The incident occurred just after midnight on Wednesday, February 24, 2021 in which Gomez was on meth, attempting to break into occupied vehicles on a major city street, then struggled and was Tasered by police. Later that day, Mayor Lamar Thorpe held an emergency press conference with then-Police Chief Tammany Brooks and used the incident to push his police reforms at a special Friday meeting that week. (See related article)

The report is part of a Contra Costa County protocol to investigate incidents where police officers or civilians are shot or die during an encounter with law enforcement. The District Attorney’s Office conducts its own independent investigation into law enforcement fatal incidents (LEIFI) and details those findings — along with a legal analysis and a charging decision – in a report that’s released to the public. The release of the LEIFI report on Gomez is the final step in the investigation.

District Attorney Diana Becton notes, “My administration has been committed to public safety, transparency, and increased accountability since I was elected in 2018. The LEIFI investigations are an example of that commitment to be transparent with the public about in-custody deaths like that of Mr. Gomez.” 

The February 24th, 2021, incident involving Arturo Gomez began after midnight when Gomez placed a 911 call to authorities claiming his phone had been hacked. A dispatcher noted that Gomez sounded paranoid and appeared to be in an argument with another person – whom authorities later learned was a Lyft driver. While Gomez was traveling in the Lyft vehicle, he came into possession of the driver’s phone after Gomez asked to see the address he was going to. At one point, the Lyft driver said he became fearful Gomez was going to physically harm him and exited the vehicle. Gomez proceeded to climb into the driver’s seat and attempted to drive off. However, his efforts were thwarted by the Lyft driver — who retrieved the ignition key before Gomez could drive away. Gomez then exited the vehicle and fled on foot. 

When officers from Antioch Police arrived on the scene at Lone Tree Way at Ridgerock Drive, Gomez was on a cell phone. As an officer approached him, Gomez backed away saying “You’re a fake cop.” Gomez then led the officers on a foot chase where he eventually ran into traffic on Lone Tree Way. To mitigate the safety hazard Gomez was creating, police set up a traffic break to prevent vehicles from traveling through the incident area.

While trying to evade police, Gomez tripped and fell to the ground on James Donlon Boulevard. One officer ordered him to stay on the ground, but Gomez ignored the command. Officers then tried to physically subdue him, but Gomez continued to struggle, and a physical altercation ensued. After multiple Taser deployments on Gomez, the officers were eventually able to handcuff him. At no point did any of the officers involved use the weight of their body on Gomez’s back or neck, nor did they use a carotid restraint on him.

However, shortly after Gomez was detained, he became unresponsive and stopped moving altogether. Officers rolled him onto his left side, noticed his breathing had become labored and then began administering life-saving measures while emergency medical personnel were enroute. Gomez died later at a local hospital.

An autopsy to determine the cause of Gomez’s death was performed by Dr. Arnold Josselson on February 25th. Dr. Josselson found Gomez had 910 nanograms of methamphetamine and 54 nanograms of amphetamine in his blood — substances which, when taken in large doses, can lead to convulsions, circulatory collapse, hallucinations, and cardiac arrest. Dr. Josselson concluded that Gomez died from “asphyxia and cardiac arrest while in a prone position during a struggle with police after being tased while under the influence of methamphetamine.” 

During his testimony at the Coroner’s Inquest on April 29, 2022, Dr. Josselson explained to the jurors the three-step process that led to Gomez’s death. The first stage was brought on by the amount of methamphetamine in his system; an amount that gave rise to his aggressive and physically active behavior when resisting police arrest. In the second stage, Gomez’s muscles were completely exhausted and lacked the ability to expand his rib cage allowing him to breathe. The third stage was brought about by low oxygen levels that led to his heart stopping. Following the testimony of Dr. Josselson and other witnesses, the jury reached a unanimous verdict that Arturo Gomez’s death was an accident (i.e., an unforeseen event, misfortune, act, or omission with no evidence of an intent to harm or cause death). 

In its legal analysis, the District Attorney’s Office concluded that, given the totality of facts in this incident, the use of force by Antioch Police Officers was lawful and permitted pursuant to California Penal Code sections 835, 835a, 835a(a)(4), and 835a(b). Consequently, the Contra Costa District Attorney’s Office will take no further action regarding the in-custody death of Arturo Gomez. 

The District Attorney’s Office is in the process of notifying the Gomez family about the publication of this report. A copy of the report has also been sent to state Attorney General Rob Bonta’s office and is available on the District Attorney’s website.

Allen D. Payton contributed to this report.

Hayward man arrested for mayhem, aggravated assault in blinding eye of Antioch fast food worker

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Isaac White-Carter. Booking photo by APD

U.S. Marshals assist; arrested last year and this year for battery and threats

By Public Information Officer Ashley Crandell, Support Services Division, Antioch Police Department

Isaac White-Carter caught on surveillance camera at Habit Burger Grill on Nov. 12, 2022.

On November 12, 2022, at approximately 5:25 pm, the Antioch Police Department Dispatch Center began receiving calls of an assault that occurred at The Habit Burger Grill located at 2430 Mahogany Way in Antioch. Officers learned an employee was punched in the face multiple times after protecting an individual with an intellectual disability from being bullied. The victim lost her right eye because of the incident.

Our Investigations Bureau worked tirelessly to identify and locate the suspect over the last several weeks. Through that ongoing investigation, Isaac White-Carter, a 20-year-old resident of Hayward, was identified as the assailant. Antioch Police Department Special Operations Unit detectives worked in collaboration with the United States Marshalls Service (USMS) to locate Mr. White-Carter. USMS Agents with the Pacific Southwest Regional Fugitive Task Force arrested White-Carter in Hayward, California, this morning and turned him over to Antioch Police detectives. He has been arrested for the felony charges of mayhem and aggravated assault causing great bodily injury.  Detectives will be presenting their case to the Contra Costa County District Attorney’s Office for prosecution.

We want to thank the Contra County Sheriff’s Office, the United States Marshalls Service, and members of the community who came forward to assist with this investigation.

During a press conference on Monday afternoon, Dec. 5, Detective John Cox shared that the victim will be helped by the Victims of Violent Crimes through the Contra Costa District Attorney’s Office. He also shared that White-Carter is known to Antioch Police and that he was arrested last year.

According to localcrimenews.com, White-Carter was arrested by Concord Police on August 31, 2021, for 243(A) – battery on a person and 422(A) – threats of violence. He was again arrested on March 14, this year for 243(E)(1) – battery on a spouse, cohabitant or former spouse and
422 – threats of violence.

Surveillance video screenshot of incident at Habit Burger Gril on Nov. 12, 2022.

The members of the Antioch Police Department express their support and gratitude to the victim for helping a community member in need.

If anyone has further information pertaining to the case, please contact Detective John Cox at jcox@antiochca.gov. You can also text an anonymous tip to 274637 (CRIMES) using the keyword ANTIOCH.

Allen D. Payton contributed to this report.

Contra Costa DA Report: Use of force justified in 2021 Pittsburg officer involved shooting of Patrick Watkins

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Video screenshot from Pittsburg Police Officer John Odell’s body camera at the 6:55 mark showing suspect Patrick Watkins with a gun in his right hand on Thursday night, May 20, 2021.

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

Martinez, Calif. – The Contra Costa District Attorney’s Office report concludes that officers who were involved in the shooting death of Patrick Watkins in Pittsburg were justified in their actions.

Since 1984, Contra Costa County has a protocol in place for law enforcement agencies to investigate Officer Involved Shootings. The District Attorney’s Office conducts its own independent investigation of such incidents and releases its findings in a Law Enforcement Involved Fatal Incident (LEIFI) report. The document summarizes the investigative report of the incident, contains a legal analysis, and concludes with a charging decision.

Contra Costa District Attorney Diana Becton said that she and her executive team review the evidence, officer and witness statements, and other facts related to the incident “to independently determine if there is any criminal liability in fatal incidents when law enforcement is involved.” If criminal liability does exist, the District Attorney – which represents The People of the State of California – has the burden of proving beyond a reasonable doubt that a death was not justified.

The incident involving Patrick Watkins took place on May 20, 2021, around 9:20 pm in the City of Pittsburg. Peace Officers from Pittsburg Police Department responded to a 911 call that Watkins was at the front door of his ex-girlfriend’s residence with a firearm and was refusing to leave the premises.

When officers arrived at the location, they saw a man who matched Watkins’s description at the ground floor level of the residential complex. After attempts by police to get Watkins to comply with orders, Watkins ignored the commands and proceeded to walk up a stairwell toward his ex-girlfriend’s home. Multiple officers followed him to the second story, ordering him to get on the ground. Watkins was facing away from the officers but then turned toward them with a semi-automatic firearm in his right hand. Watkins then pointed the weapon at one officer – who fired three shots at Watkins. After the officer’s service weapon malfunctioned, he dropped to a prone position. Another officer, who thought his fellow peace officer had been shot, fired twice at Watkins. Watkins died at the scene from multiple gunshot wounds. (See related articles here and here)

An autopsy by the Contra Costa County Coroner was conducted on May 24, 2021, by Forensic Pathologist, Dr. Ikechi Ogan. Dr. Ogan’s summary of the autopsy concluded that Watkins had two gunshot wounds, one on his left calf, and one on the left side of his chest that pierced his heart, liver, and fractured a rib. A toxicology report noted Watkins had the presence of Amphetamine, Methamphetamine, and Delta 9 THC – a chemical found in cannabis that produces an intoxicating effect when consumed.

In a legal analysis of the case, the District Attorney’s Office applied the applicable laws and the California District Attorney’s Uniform Crime Charging Standards to review the evidence of the incident. The concluding opinion determined the actions by the peace officers against Patrick Watkins was justified in the use of lethal force. Both officers acted with an actual and reasonable belief that deadly force was necessary in this incident to defend against an imminent threat of death or great bodily injury.

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

The family members of Patrick Watkins and the Attorney General of the State of California have been notified of the Law Enforcement Involved Fatal Incident report – which can be viewed on the Contra Costa District Attorney’s website.