Victims include four other females, two males; police seek unknown suspect(s)

By Lt. John Fortner, Antioch Police Investigations Bureau

On Sunday, June 11, 2023 at approximately 12:58 AM, the Antioch Police Department Dispatch Center started receiving numerous 9-1-1 calls reporting multiple gunshots being fired at a residence in the 3300 block of Sunset Lane.

As officers were responding, witnesses called to report several victims had been shot. When officers arrived at the scene, they located multiple victims outside, and a large crowd. Officers were told a birthday party for a 19-year-old male was being held at the residence, which attracted a lot of party-goers. During the party, multiple shots were fired after some uninvited guests arrived. This created a panic where attendees, to include gunshot victims, fled in multiple directions and into the neighborhood. Many victims drove themselves to local area hospitals.

After numerous officers secured the scene, it was determined a total of seven (7) people suffered from gunshot wounds.

– (1) 18-year-old female was transported to a local area hospital and succumbed to her injuries

– (1) 18-year-old male suffered a non-life-threatening gunshot wound

– (2) 19-year-old females and (1) 19-year-old male suffered non-life-threatening gunshot wounds

– (2) 20-year-old females suffered non-life-threatening gunshot wounds

Prior to police arrival, the suspect(s) fled the area in a vehicle and have not been contacted by police. Antioch Police Department’s Investigations Bureau responded to the scene and took over the investigation. Currently, detectives are interviewing numerous witnesses and residents in the area and are working to identify any suspects or persons-of-interest. The investigation is still active, and evidence is being collected.

Anyone with information is asked to contact Detective Gragg, rgragg@antiochca.gov at (925) 779-6889, or Detective Duffy, aduffy@antiochca.gov at (925) 779-6884. You may also text-a-tip anonymously to 274637 (CRIMES) using the key word ANTIOCH.

DNA evidence linked suspect to killing

By Pittsburg Police Department

Nearly 16 years after the killing of a Pittsburg man, DNA evidence has led to the arrest of his killer. On June 7, 2023, Pittsburg Police Department detectives arrested 40-year-old Desante Lavelle Blake of Antioch for the 2007 murder of Larry Abercrombie.

On June 8th, 2007, Abercrombie was found suffering from gunshot wounds in front of his home in the 200 block of S. Catamaran Circle. Despite an extensive investigation at the time, no arrests were made, and the case remained unsolved for nearly two decades.

Recently, a Pittsburg Police Department Cold Case detective, who has been actively working this case, submitted evidence collected from the crime scene to the Contra Costa County Crime Lab for additional DNA testing, utilizing modernized technology. The crime lab was able to get a DNA match for the suspect and after a thorough investigation, detectives obtained a warrant for Blake’s arrest. Detectives also conducted a search warrant at Blake’s home in Antioch where additional evidence was located that further implicated him in the crime. Blake was booked into the Contra Costa County Jail for murder.

Additionally, the case was presented to the Contra Costa County District Attorney’s Office, which filed murder charges against Blake.

“Pittsburg PD is dedicated to solving unsolved cases and bringing justice to victims and their families,” said Chief Steve Albanese, “The arrest in this cold case homicide serves as a reminder that justice can be served no matter how much time has passed.”

If anyone has additional information related to this case, we ask you to please contact the Investigations Division at 925-252-4151

Today’s commitment by CVS, Walgreens, Teva, and Allergan is an important milestone in California’s efforts to address the opioid epidemic

OAKLAND – June 9, 2023 — California Attorney General Rob Bonta announced four multi-billion opioid settlements with pharmacies CVS and Walgreens and manufacturers Allergan and Teva are moving forward. The settlements are together worth up to $17.3 billion and address the companies’ role in the opioid crisis. The Walgreens and CVS deals are the first multistate settlements to hold chain retail pharmacies to answer for their role in the crisis. Today’s announcement is an important milestone in California’s efforts to address an epidemic that has destroyed communities and ripped apart families.

“We’ve made historic strides forward in our fight for justice and relief for Californians hurt by the opioid crisis,” said Attorney General Bonta. “Nothing can bring back the lives lost or erase the suffering caused by this crisis, but we are making sure those who caused it and profited from it are held to account for their greed and willful misconduct. These hard-fought and hard-won settlement funds will be critical in supporting victims and getting them the help they need to recover. I am proud of the work put in by my team and by our partners across the nation in making these wins possible.”

Opioid manufacturers Allergan and Teva have committed to move forward with settlements for up to $2.37 billion and $4.25 billion, respectively, to resolve allegations that, among other things, the companies deceptively marketed opioids by downplaying the risks of addiction and overstating their benefits. If the settlements are approved by the court, California may receive up to approximately $375 million from the Teva settlement and up to approximately $205 million from the Allergan settlement. The settlements with the opioid manufacturers also include strong injunctive relief that prohibits opioid-related marketing by Teva while Allergan is prohibited from selling opioids for the next 10 years.

Chain pharmacies CVS and Walgreens also committed to moving forward with national settlements worth up to $5 billion and $5.7 billion, respectively, to resolve claims that the companies ignored signs of prescription abuse and failed to prevent drug diversion. If approved by the court, California may receive up to approximately $470 million from the CVS settlement and up to $510 million from the Walgreens settlement. CVS and Walgreens have also agreed to injunctive relief that requires the pharmacies to monitor, report, and share data about suspicious activity related to opioid prescriptions. A final agreement with Walmart, worth up to $3.1 billion, is not being announced today; however, that settlement is expected to move forward in the coming weeks.

Since the first wave of the opioid epidemic hit the United States in 2000, it has taken hundreds of thousands of lives, torn families apart, and eroded the social fabric of communities. Its toll has continued to grow year after year. Data from the Centers for Disease Control and Prevention (CDC) indicate that in 2021, more than 80,000 people may have died of overdose deaths involving opioids in the U.S., and over 11,200 of those deaths took place in California.

The opioid manufacturers, distributors, and pharmacies who helped fuel the crisis through their unlawful practices and profited from it are at the center of Attorney General Bonta’s fight for justice and relief.  To date, the California Department of Justice has secured approximately $50 billion in nationwide settlements and expected settlements, including with opioid manufacturers Johnson & Johnson, Mallinckrodt, and Purdue Pharma L.P. and the Sackler family; distributors Cardinal Health, McKesson, and AmerisourceBergen; and consulting firm McKinsey & Company.

• In March of 2022, Attorney General Bonta announced a $6 billion conditional settlement with Purdue Pharma and the Sackler family over their alleged deceptive and illegal marketing and sales practices, in an agreement that would also allow the family’s name to be removed from buildings, scholarships, and fellowships.
• In February 2022, a bankruptcy court confirmed a plan that would allow an agreement between certain states, including California, and Mallinckrodt, the largest generic opioid manufacturer in the United States, to move forward. That settlement includes an expected $1.6 billion payment by the company to a trust that would benefit public and private opioid-related claimants.
• In July 2021, Attorney General Bonta announced a $26 billion settlement, which was finalized in Spring 2022, with Johnson & Johnson, which manufactured and marketed opioids, and Cardinal Health, McKesson, and AmerisourceBergen, the nation’s three major pharmaceutical distributors. It was the second largest multistate agreement in U.S. history, and its terms bar Johnson & Johnson from being involved in selling or promoting opioids for a decade and require the distributors to monitor, report, and share data about suspicious activity related to opioid sales.
• In February of 2021, the Attorney General announced a $573 million settlement with one of the world’s largest consulting firms, McKinsey & Company. The settlement resolves California’s investigation into the company’s role in advising opioid companies (including OxyContin maker Purdue Pharma) in the promotion and sale of their drugs.

These settlements are expected to bring in billions in funding for California communities, which will, among other things, be used to:

• Increase support for substance-use disorder facilities and improve infrastructure for treatment.
• Address the needs of communities of color and vulnerable populations, including those who are unhoused.
• Strengthen availability of Naloxone (also known as NARCAN) or other FDA-approved overdose reversal drugs.
• Double down on interventions for drug addiction in vulnerable youth and supporting those in the juvenile justice system with treatment options.
• Improve training and resources for law enforcement and first responders regarding appropriate practices and precautions when dealing with fentanyl or other drugs, including with regard to addressing the needs of criminal justice-involved persons with opioid-use disorder and mental health issues.
• Implement best practices for outreach, diversion, and deflection.
• Support job creation programs to help connect those recovering from substance use disorders with gainful employment and pathways to financial stability.
• Improve data-sharing and management systems to detect suspicious activity, including with regard to the prescription of controlled substances.

People vs. Montalvo and Boone cases can be brought back; among cases under review by DA, Public Defender; suspects released; responding officers, lead detective not implicated in texting scandal

By Allen D. Payton

According to Public Information Officer Ted Asregadoo, on Tuesday, June 6, 2023, the Contra Costa District Attorney’s Office determined the prosecution of The People of the State of California vs Ashton Montalvo and Deangelo Boone could not proceed to trial and moved to dismiss the case.

A dismissal at this juncture affords the District Attorney’s Office the ability to refile criminal charges
against Montalvo and Boone and reinitiate legal action if new evidence is developed.

In this case, the prosecution of 42-year-old Deangelo Laraye Boone of Antioch and 33-year-old Ashton
Kentrell Montalvo, of either Bay Point or Antioch, for mutilation and arson of the remains of 25-year-old Mykaella Kayla Sharlman found on the Mokelumne Trail in Antioch on October 17, 2022, relied heavily on the investigative work of Antioch Police Officers who are associated with racist text communications. (See related articles here, here, here, here and here)

After thoroughly reviewing the officers’ role in this case, applying relevant legal principles, and considering ethical responsibilities, the Contra Costa District Attorney’s Office no longer has confidence in the integrity of this prosecution.

“Our office extends our deepest sympathies to the family of Mykaella Sharlman and we aspire to renew this prosecution if presented with the opportunity to do so,” Asregadoo shared.

Case No. 04-22-01086 | The People of the State of California vs. Montalvo, Ashton 

Case No. 04-22-01085 | The People of the State of California vs. Boone, Deangelo Laraye

As previously reported, District Attorney Diana Becton, Public Defender Ellen McDonnell, Betty Barker from the Alternate Defender Office, and the Director of the Contra Costa Conflict Program, Oksana Tsykova met in April to discuss the creation of a process to address cases affected by the disclosure of cruel, racially insulting, and hostile text messages written or received by members of the Antioch Police Department.

The Contra Costa District Attorney’s Office is working to identify cases that are potentially compromised by the text messages. Once we’ve identified those cases – and any overlapping conflicts — they will
initiate a detailed review process for potential dismissal, resentencing, or the preservation of convictions.

The DA’s Office was asked for the names of the officers associated with the two cases and if the suspects have been released. Asregedoo responded, “APD should have the information on what officers were involved in the investigation of the Boone/Montalvo case. As to whether both men are out of custody,
unless they have holds on priors, they are likely out.”

“The texting scandal was only part of it,” he added. “There were other issues with the case. But we’re hopeful APD can pursue other investigative avenues and bring more evidence to review for a charging decision.”

Antioch Police Department PIO Corporal Price was then asked for the names of the officers and Contra Costa Sheriff’s Office spokesman Jimmy Lee was asked if the suspects had been released. 
publication time.

Lee responded, “They are no longer in custody.”

UPDATE: Kendall responded, “We will not be releasing the names of the officers involved in the investigation. However, none of the officers that initially responded to the call or the lead detective that filed the case were implicated in the text messages.”

Please check back later for any updates to this report.

Racing resumes Friday and Saturday night with annual Western States Dwarf Car Nationals

By Candice Martin, DCRR Racing Media 

Antioch, CA…June 3…Troy Foulger won the 20 lap IMCA Modified Main Event Saturday night at Antioch Speedway. The Oakley driver is the current point leader in the Bowers Motorsports entry, and this was his first win of the season. He is also in the hunt for an unprecedented sixth division championship.

Looking for a second-straight win, IMCA National rookie point leader Andrew Pearce of Oakley set the early pace, but a Turn 4 pass on the second lap put Foulger into the lead. Foulger led Pearce through a pair of yellow flags in the first 12 laps as Buddy Kniss of Oakley ran third. Martinez drivers Nick DeCarlo and Anthony Slaney dueled fiercely for the fourth position before Slaney moved ahead. Slaney got around Kniss for third with a Turn 4 pass on Lap 15. Foulger had a good lead on Pearce and picked up the impressive win. Slaney ended up third ahead of DeCarlo and Randy Shafer a Vacaville.

Later, Foulger came back and won his third 20 lap IMCA Stock Car Main Event. Rob Gallaher of San Jose led early with Foulger making an inside pass on Travis Dutra of Concord on Lap 2 to take second. Foulger went low in Turn 4 on the third lap to grab the lead front Gallaher. From there, he pulled away in the non-stop affair to a straightaway advantage. Dutra went inside down the front stretch on Lap 4 to grab second. Gallaher battled with Scott Foster of Oakley for the third spot until Foster took the position on Lap 9. Foulger won ahead of Dutra, Foster, Gallaher and Jason Robles of Rio Vista.

Live Oak’s Matt Michelli won the 20 lap Xtreme Late Model Main Event. Micheli is a 10-time champion across multiple divisions at tracks in Placerville, Marysville and Chico.

Paul Guglielmoni of Vacaville charged into the lead at the start ahead of Les Friend of Galt. Micheli moved into second on Lap 2 and made a low pass in Turn 2 of the fifth lap to take the lead from Guglielmoni. On the seventh lap, Rod Oliver of Yuba City slipped past Guglielmoni for second, and a yellow flag waved moments later. Micheli continued to lead Oliver on the restart, but reigning  champion Dan Brown Jr of Lincoln made a Turn 2 pass on Lap 12 to take second. Clark Guglielmoni of Vacaville quickly settled into third. Micheli set a good pace In the closing laps and picked up the victory ahead of Brown, Guglielmoni, Oliver and Chester Kniss of Antioch.

Jason Ryan Jr of Oakley won the 20 lap IMCA Sport Modified Main Event. This was his second win of the season as moved into the point lead. Ryan bolted into the immediate lead ahead of Jacob Mallet Jr of Oakley and Kelly Campanile of Oakley. Pacheco’s Kenny Shrader slipped past Campanile for third on the sixth lap and set his sights on Ryan and Mallet. Following a yellow flag on Lap 8 for Tyler Browne, Ryan continued to lead Mallet and Shrader on the restart. Ryan ran a smooth race for the remaining distance and collected the victory. Mallet settled for second ahead of Shrader, Campanile and Chuck Golden of Pittsburg.

Danny Wagner won the 20 lap Pacific Coast General Engineering Hobby Stock Main Event. This wrapped up a clean sweep of Dash, heat and and feature race for the Bay Point driver. Wagner is a three-time Dwarf Car champion.

Chris Long of Antioch bolted into the early lead ahead of Colten Haney of Brentwood. Wagner slipped into second on the third lap with Jared Baugh Pittsburgh running in third. Wagner made an inside pass on Lap 6 to take the lead from Long. Baugh gained second on the Lap 7 restart, but he spun in Turn 4 on the 11th lap, collecting Long. Wagner led Les Friend of Galt on the restart, but Friend was involved in a tangle on the 13th lap. At that point, Wagner led Kevin Brown of Oakley and Ken Johns of Antioch. Aidan Ponciano of Oakley moved into third on Lap 16 and dueled Brown over the remaining laps. Wagner went on to victory ahead of Brown, Ponciano, Baugh and Johns.

DJ Saenz of Manteca won the 15 lap California Sharp Mini Late Model Main Event. This race was scheduled two days prior. Manteca’s Mitch Enos took the early lead over Saenz and Dan Zuger of San Jose. Zuger headed for the infield on the seventh lap, and a Lap 9 pass gained Saenz the lead from Enos. Enos kept it close, but Saenz prevailed in the end. Cayden Foster ended up third with Zuger rounding out the finishing order.

Racing resumes this Friday and Saturday night with the annual Western States Dwarf Car Nationals, hosted by the local Delta Dwarf Car group. Some of the best drivers on the West Coast will be there. On Friday, the Wingless Spec Sprints and IMCA Stock Cars will be competing. Saturday night will also include the IMCA Modifieds, Tri State Pro Stocks and Print Club Mini Stocks. For further information, go to www.antiochspeedway.com.

Antioch Speedway Race Results – June 3, 2023

IMCA Modifieds 

Heat Winners (8 laps)-Troy Foulger, Buddy Kniss. Main Event (20 laps)-Troy Foulger, Andrew Pearce, Anthony Slaney, Nick DeCarlo, Randy Shafer, Buddy Kniss, Chris Sieweke, Bobby Motts Jr, Dave Duste Jr, Tim Yeager Jr.

Xtreme Late Models 

Heat Winners (8 laps)-Anthony Slaney, Clark Guglielmoni. Main Event (20 laps)-Matt Micheli, Dan Brown Jr, Clark Guglielmoni, Rod Oliver, Chester Kniss, Shawn DeForest, Les Friend, Justin Yeager, Wayne Trimble, Paul Guglielmoni. 

IMCA Sport Modifieds 

Heat Winners (8 laps)-Tyler Browne, Kenny Shrader. Main Event (20 laps)-Jason Ryan Jr, Jacob Mallet Jr, Kenny Shrader, Kelly Campanile, Chuck Golden, Trevor Clymens, Joseph Pato, Tyler Browne, Mark Garner, Tommy Clymens Jr.

Pacific Coast General Engineering Hobby Stocks 

Heat Winners (8 laps)-Danny Wagner, Chris Long, Jared Baugh, Colten Haney. B Main (12 laps)-James Thomson, Bobby Gallaher, Michaela Taylor. Main Event (20 lap)- Danny Wagner, Kevin Brown, Aidan Ponciano, Jared Baugh, Ken Johns, James Thomson, Jon Haney, Colten Haney, Jess Paladino, Trevor Clymens.

IMCA Stock Car 

Heat Winner (8 laps)-Troy Foulger. Main Event (20 laps)-Troy Foulger, Travis Dutra, Scott Foster, Rob Gallaher, Jason Robles, Kenneth Robles, Nick DeCarlo DNS.

California Sharp Mini Late Models

Heat Winner (8 laps)-Mitch Enos. Main Event (15 laps)-DJ Saenz, Mitch Enos, Cayden Foster, Dan Zuger.

By Jimmy Lee, PIO, Contra Costa Sheriff’s Office

Sheriff-Coroner David Livingston announced that a coroner’s jury reached a finding Friday, June 3, 2023 in the January 3, 2023 in-custody death of 31-year-old Brian Love Pence, Jr. of Antioch. The finding of the jury is that the manner of death is natural.

Pence was arrested on December 31, 2022, by Antioch police for misdemeanor spousal battery. Upon entering Intake, he tested positive for COVID and was assigned to a module on quarantine status and housed alone. He was screened by County Health Services and cleared for incarceration by medical and mental health staff.

On Jan. 3, 2023, at approximately 1:22 p.m., deputies conducted a room check and observed no movement from the inmate. Deputies made entry and called for jail medical staff to respond. Life-saving measures were attempted by deputies, medical staff and paramedics. He was later pronounced deceased at the scene. There were no immediate signs of trauma or anything suspicious. (See related article)

The coroner’s jury reached the verdict in the inquest after hearing the testimony of witnesses called by hearing officer Matt Guichard.

A coroner’s inquest, which Sheriff-Coroner David Livingston convenes in fatal incidents involving law enforcement personnel, is a public hearing during which a jury rules on the manner of a person’s death. Jury members can choose from the following four options when making their finding:  Accident, Suicide, Natural Causes or At the hands of another person, other than by accident.

Allen D. Payton contributed to this report.

Honored with Award of Excellence; plans to be a neuro or general surgeon

ANTIOCH, CALIFORNIA — Jewel Milan-Rose Baker, an 11th grader and honor student at Dozier-Libbey Medical High School in Antioch, California has been chosen as a Delegate to the Congress of Future Medical Leaders to be held June 21-23, 2023, just outside Boston, on the University of Massachusetts Lowell campus.

The Congress is an honors-only program by the National Academy of Future Physicians and Medical Scientists, for high school students who want to become physicians or go into medical research fields. The purpose of this event is to honor, inspire, motivate and direct the top students in the country interested in these careers, to stay true to their dream and, after the event, to provide a path, plan and resources to help them reach their goal.

Baker’s nomination was signed by Dr. Mario Capecchi, winner of the Nobel Prize in Medicine and the Science Director of the National Academy of Future Physicians and Medical Scientists to represent Dozier-Libbey Medical High School based on her academic achievement, leadership potential and determination to serve humanity in the field of medicine.

“I’m happy to announce my nomination for the Congress of Future Medical Leaders Award of Excellence for outstanding academic achievement, leadership potential, and determination to serve humanity in medicine,” Baker stated. “It is a gift and an excellent opportunity I look forward to participating in.”

During the three-day Congress, Baker will join students from across the country and hear Nobel Laureates and National Medal of Science recipients discuss leading medical research; be given advice from Ivy League and top medical school deans on what to expect in medical school; witness stories told by patients who are living medical miracles; be inspired by fellow teen medical science prodigies; and learn about cutting-edge advances and the future in medicine and medical technology.

About her future plans Baker says, “I aim to become a neuro or general surgeon.”

For now, she is a member of the school’s Key Club, will be participating as a member of the Leadership Club and plans to run for senior class vice-president in the fall of 2023-24. Outside of school, her hobbies include reading and gardening. Baker also enjoys volunteering at the Antioch Library, lending a hand at the senior center when needed, and spending time with family and friends as much as possible. As a former Oakland School of the Arts student, she enjoyed the theater performance in which she studied.

Certified in CPR, Baker is an avid swimmer and this summer, she will be working her first job as a lifeguard at Hurricane Harbor Waterpark in Concord, CA.

This is a crucial time in America when we need more doctors and medical scientists who are even better prepared for a future that is changing exponentially. Focused, bright and determined students like Jewel Baker are our future and she deserves all the mentoring and guidance we can give her.

The Academy offers free services and programs to students who want to become physicians or go into medical science. Some of the services and programs the Academy offers are online social networks through which future doctors and medical scientists can communicate; opportunities for students to be guided and mentored by physicians and medical students; and communications for parents and students on college acceptance and finances, skills acquisition, internships, career guidance and much more.

The National Academy of Future Physicians and Medical Scientists was founded on the belief that we must identify prospective medical talent at the earliest possible age and help these students acquire the necessary experience and skills to take them to the doorstep of this vital career. Based in Washington, D.C. and with offices in Boston, MA, the Academy was chartered as a nonpartisan, taxpaying institution to help address this crisis by working to identify, encourage and mentor students who wish to devote their lives to the service of humanity as physicians, medical scientists.

For more information about the program visit www.FutureDocs.com.

Allen D. Payton contributed to this report.

Elections attorney says if it’s possible it would require a citizens’ initiative but no case law; one resident calls switching to rotated mayor is “coup d’état”, part of “right extreme agenda”; Torres-Walker refutes

By Allen D. Payton

During the special Antioch City Council meeting on Tuesday, May 30, 2023, with Mayor Lamar Thorpe absent while on a trip to Mexico, the council moved forward on several changes to how their meeting agendas would be set. They also heard from an elections attorney that changing to an annually rotated mayor among council members instead of directly elected may not be possible mid-decade. If it’s possible, the council couldn’t place the matter on the ballot but would require a citizens’ initiative.

During public comments on the first item regarding the agenda setting process several residents spoke on both sides of the matter. Mayor Pro Tem Tamisha Torres-Walker who ran the meeting reduced the public speaking time from three to two minutes.

The first resident to speak, Erica Ralston said she wants police reform and rent control on the agenda.

“I do not want this to sidestep the biggest issue in Antioch at this time,” said resident Leslie May. “This is a game changer…a historic move with the police changes. I don’t want anything that happens tonight from the focus on the Antioch Police Department…to rid our police department of undesirables.”

Dr. Geoffrey Klingler said, “I salute you. This is an important topic. You have people in your districts whose concerns you’re supposed to represent. The process needs to be fair and equitable for all in this city. Hopefully, this is just the beginning for council members to take the personal biases out of running this city. Good luck.”

Resident Julia Aymachoque spoke in favor of a four-year term for the mayor saying, “We need unified leadership. This right extreme agenda calling for the mayor to serve only a one-year term must be stopped. We don’t welcome this covert coup d’état. If possible, we should only have one election district. We need…five representatives working together.”

Resident Andrew Becker said, “This is a long time coming to our community. What the council majority has asked for is a fair process for getting things on the agenda. It’s been difficult as a community member to watch those items get to the agenda from council members, I’ve requested them of. It’s not fair. It’s time we have a new process. I support the power of two…with one council member to get another council member to support bringing something forward to the council agenda.”

Frank Sterling spoke next saying, “I do wish we could have started off with your discussion so we could hear what you all are thinking. If you can’t do it, then it’s really tough to see our items get on the agenda.  However, it turns out, I’m kind of glad it’s happening. So, good luck.”

Devin Williams said, “This puts us all in an awkward position. The fact that we have a special meeting on bringing items on the agenda before the mayor…we have a system that is working. We have a process, and we have to wait whether it’s six months, nine months or a year. I don’t think you’re being misrepresented if you have to wait. If you want something to come up and the only person to bring it is the mayor, then organize. So be it. Come to these meetings. Go knock on doors. Come talk to your people. Mayor Thorpe is not going to work in bad faith against it.”

Resident Francisco Torres then said, “We can’t forget the accountability of the police. It’s going to be quite a while. Probably two years. Thank you for bringing this to the community. The way I view it is Government 101. Sometimes there comes a time when you need to look at things. In the end it’s what’s best for the community. I think it’s important the community knows what’s going on. People are starting to get involved more and more and that’s a good thing.”

Ralph Hernandez said, “Tonight’s meeting is another perfect example that you’re not listening to the public. You reduced it down to two minutes for tonight. Do you not have time for the public? When I was on the council public comments were five minutes. We worked until after midnight. Sometimes you reduce the public that shows up here…you cut it down to one minute. By the time they get their words together…times up. What more important things are there than listening to the public to come to you?”

“Yes, you shouldn’t have items that take six months to a year to come before you,” he added.

Resident Nichole Gardner said, “I just have to say on this agenda item, one, I think, I wish it didn’t even have to come to this. The voters that voted for the mayor knowing the authority he had. I don’t think it’s fair for you to take away his authority. Ya’ll staff is low. Staff is quitting left and right. That’s one of the reason Rosanna left. It’s just too much pressure on the staff. I think you all need to take that into consideration. Outside of the council he only has one vote. It undermines the voters. This is really, to me, this meeting is nonsense. I’m really surprised by the folks that wanted this to happen.”

Another resident, Tanita Travis said, “This just shows…more of a division instead of working on the things that should really come to the forefront like what is happening with the police. Number one is not that important to do in the middle of a term. It shows Antioch government is not a community of a whole as a council. It shouldn’t be. It’s not a good look. If you can’t get an item on an agenda…if there is a whole group of you. It doesn’t seem fathomable. There are other things that we could be meeting about. There are so many other issues we have. I just don’t understand it.”

Lucas Stewart-Chilcote then said, “I want to echo pretty much what the previous person said. It was puzzling to see when the agenda was posted. It is very odd to see the items on a special meeting. For agendas is it a lack of staffing? Can we have the agendas publicized a minimum of two weeks before? Can we bring back the virtual participation for public comments?”

Ronald Muhammad spoke next saying, “I moved to this city because I saw the opportunity, the potential.  I did not know the city is so…divisive. I would have never bought into this corporation called Antioch because I’m a shareholder. You guys are representatives of the people. But far too often you seem to be inputting your own things. You represent a base, a constituency base. People are waking up and they’re seeing the divisiveness. It shouldn’t be three-two votes every time. Can’t you agree on anything?”

Former Mayor Don Freitas said, “I’ve had the honor of being both council member and mayor. This item, and it has disturbed me for the past two years to see items not getting on the agenda. When I was mayor…I never, ever denied a council member from placing an item on the agenda. I would suggest anybody on the council, when you ask for something on the agenda, you have an action calendar…and you publish it as part of your agenda so people can see how long it’s taking. I have been greatly disturbed when you, all of you, have requested an item on the agenda and they don’t come for a month, several months.”

Resident Dorothy Ellis said, “I was disturbed, too by a special, called meeting. Is it distraction politics? Because what we should be focusing on is the police and healing. That is something that should be rectified among you. If we lose the police department because we can’t rectify this my property value takes a hit. I want to see us heal. I want to see us come together and not be divided by color. I want to see the community empowered by the people. If ya’ll can’t do that don’t run.”

Council Discussion on Setting Future Meeting Agendas

During council discussion of the item District 2 Councilman Mike Barbanica said, “I want to give you a bit of history of how this came about, tonight. It surprises some people when this comes about. Mayor Pro Tem Torres-Walker and I have kept in regular contact. We don’t always agree. We talk after council meetings sometimes, on the weekends. She asked me to call her. We talked for several hours about our frustrations over the past two years.”

“This has nothing to do with one person. This has to do with the governance of this community,” he continued. “Can all of us get items on the agenda? This is for future councils to come so council members don’t feel they can’t get things on the agenda. We both agreed, good luck getting this on a future agenda to talk about.”

“Once two of us speak, we’re done, we can’t talk with anyone else on the council about a specific item,” Barbanica explained. “So, we agreed that yes, we will call for a special meeting and if there’s support amongst the council we will proceed with a special meeting We brainstormed about problems we’ve had over the past two years.”

“You’re right. We have a staffing problem,” he continued. “But what we’re seeing is extensive, extensive agendas for the meetings. We talked about that very thing, what is this doing to staff…and how this is bogging down the system. Good luck getting your item on the agenda. So, we talked about the amount of items and the time we spent here, with the public. We bounced ideas back and forth…with the number of agenda items, the number of hours…in a meeting. Council can vote during that meeting to extend those hours. We also spoke about the possibility of 90 days…instead of six months to come back. In addition to that, we talked about limiting the number of agenda items from council members.”

“We’re not looking to take the entire thing away from the mayor’s office. We’re looking for a way to make sure that everyone’s item gets on an agenda,” Barbanica shared. “If we run out of time, instead of saying it will be on some future agenda, that item will be number one on the next agenda. These are some of the things we talked about. Reserving the spaces for council members’ items to come back.”

“Public hearings and presentations take on a large portion of the meeting. So, we’re talking about discussing limiting the number of public hearings on an agenda. Hopefully, we can come to a consensus tonight. Nobody’s looking to take total authority away from the mayor’s office…on the agenda and in a timely fashion,” the District 2 Councilman concluded.

District 3 Councilwoman Lori Ogorchock spoke next saying, “I didn’t know these were the list of items. When I got on council in 2014, Councilwoman Wilson was already on the council and we couldn’t get items on the agenda. So, we set up a six-month timeframe. These are things that come up…these are people calling us, emailing us. I’ve recently found out we really don’t have a policy for the mayor setting an agenda. It used to be the mayor and the city manager would set the agenda. But that’s not happening, either.”

“It’s been very frustrating as a District 3 representative,” she continued. “If I can’t get anything on the agenda for the constituents in that area, it’s not fair. It’s not to take something away from anybody. It’s to be fair across the board.”

District 4 Councilwoman Monica Wilson said, “I’m sorry for all the confusion of this non-emergency emergency meeting. I definitely agree this process needs to be transparent. I, too, see that the staff is overworked. Yes, I do agree that there needs to be a process. I do wish this was a meeting we were all here for. I’m not a fan of an agenda item that doesn’t have a report attached to it. Whoever calls it needs to explain it. I think there should be a little more time. Again, I apologize for this very vague…meeting.”

Torres-Walker then offered her reasons for the special meeting and agenda item saying, “Myself and Councilmember Barbanica have been talking about how the agenda is set. I asked (former city manager) Ron Bernal…why do we have a list of like 20, 30 things that haven’t been brought back. And then it could take up to six months before they’re even brought back and when they’re brought back it’s simply as a discussion and then we decide to move foward. That is a clear absence of voice and diversity when the person you elected to council can literally in their term not get anything done because it could take up to six months or more for items to come back to the agenda. I know, there were definitely things when I came on this council were more than a year old and the council members who asked for them were no longer on council by the they came back.”

“When we’re talking about a right-wing or left wing agenda I’m not a bird. So, I don’t know what a left wing or right wing is. Since the diversity in this community…the system isn’t working. This isn’t about…who eventually ends up in the mayor’s position. This is simply about good governance. We operate in bad faith in democracy when people don’t see themselves in public policy. I also want to say this council majority absolutely has the authority to do this. But for two-and-a-half years we have tried to say, ‘OK, let’s wait’. But it hasn’t been working. This is within our authority. I didn’t run for office to sell all my values to get something on the agenda. When you say ‘oh, the council is divided’… that didn’t just start. Day one there has been division. Not necessarily in personal relationships because some residents are surprised Councilman Barbanica have figured out to have an open dialogue and relationship. This is about how things can come back in a timely manner.”

“Fortunately, for me, I’m not looking to climb a political ladder so, I’m not afraid,” she continued. “I do think it’s reasonable to have a time to have things come back to the agenda. I do think it’s absolutely reasonable to look at the agenda and make sure that it’s not so packed.”

“When you have 10, 20 things on an agenda and we have to get through all of them in one night, you are going to get one minute to speak,” Torres-Walker stated. “This is probably the most diverse discussion this council has ever had. Why hasn’t this discussion never happened a long time ago. I’ve been able to move things through the agenda. I had to step back, my peers up here on the council should also be able to move some things on the agenda whether they have the votes or not.”

She then asked City Attorney Thomas L. Smith his thoughts “on how we can move forward in making some changes.”

“There is a municipal code that states these processes can be codified in a resolution,” he responded. “You seem to have several items…on those things you can reach consensus…that resolution could come back at a subsequent meeting.”

Ogorchock then said, “There have been several times and several meetings when things come up for discussion and there hasn’t been a staff report. We do this on a regular basis.”

“I have also seen some items come to this agenda with no background…for discussion,” Torres-Walker said. “Everything is urgent except better government. We are not dismissing that we have 18 incidents of firearms in our community. This isn’t overshadowing policing…housing and tenants’ rights. None of that. This is happening so we can have items come back on the agenda.”

Members of the audience yelled out from their seats attempting to disrupt the meeting.

“Calm down, calm down. This is just a discussion. We’re about to have a round robin to see what’s coming back. This isn’t going away,” Torres-Walker said trying to control the meeting but didn’t use the gavel. “This city has been understaffed and staff has been underpaid since 2017. Look if you want to fight for the mayor that’s another discussion.”

“We have not violated the Brown Act,” the mayor pro tem said in response to an accusation by a member of the public.

Barbanica then began reading through the seven points he and Torres-Walker developed.

He and Ogorchock agreed on 11 p.m. to be the meeting limit.

“That’s already in place,” Wilson said. “I didn’t say yes or no.”

People continued to yell out from the audience.

“I agree, as long as we start adhering to it,” Barbanica said.

“Anything not handled at a council meeting, those items will be on the next agenda and those items will be the first ones on the next agenda,” he added.

“I agree with that,” Ogorchock said.

Gardner continued to yell out from the audience.

“Placing a maximum of seven items on the agenda, three reserved for council members,” Barbanica said.

“I don’t know about this one, yet,” Ogorchock said. “I don’t know if I want to do a number of items. I just want to go back to the timeframe.”

“So, I say we stick to the timeframe,” Torres-Walker said.

“I’m fine with that,” Barbanica stated.

“Three items reserved for council members,” he than offered.

“The mayor and the city manager already set the agenda,” Torres-Walker said. “There be at least three of those that come back.”

Those in the audience continued to yell out.

“Wait. Just a second. So, I’m wondering. My thing is like, we done already heard the voices of people who agree and don’t agree,” Torres-Walker said, again trying to control those yelling out. “You can keep disrupting the meeting but it’s not going to disrupt the vote. This is just direction. I’m not going to say what I’m thinking because it won’t look good for your mayor.”

People continued to yell out.

Ogorchock then said, “If there were some really important things that need to come forward, like the budget…I’d like to have one or two things on there.”

“I’m OK with two,” Barbanica said.

Wilson said, “I prefer three. But, yeah. Whatever. I can deal with three.”

“The six-month list will be changed from a six-month to a 90-day list,” Barbanica then offered.

Wilson said she was concerned about emergency items that might come up.

“The six-month process is just not working,” Barbanica said.

“We would spend one council meeting just talking about all the items that are a year out,” Torres-Walker stated.

“It’s longer than that,” Ogorchock added who also said she was fine with the 90 days.

“I’m fine with the ninety days,” Wilson said.

Acting City Manager Forrest Ebbs said, “Speaking for staff, it always seemed strange to bring things back without a staff report…to give you some context for a discussion.”

“I know when Ron Bernal was here he said

“There are a lot of practices that have been handed down. But I think this is the right time to change things,” Ebbs said.

“Definitely within the next two meetings,” Attorney Smith said about bringing back the resolution on changing how agendas are set. “I’m very confident that it could be in the next two and if it’s possible, the next meeting. No later than June 27th and if possible, the next meeting June 13th.”

The other council members agreed to the timeline for the resolution to be brought back to the council for a vote.

Item 2 – Consider the process to transition to five council districts and switch from a directly-elected

“This came up because I was at an electoral event,” Torres-Walker said. “The next time I saw them they were the mayor. I asked them how does that work? We should discuss that in Antioch if other cities are doing it. Is it fair? Does it add diversity to the role? If it gets to rotate you get more diversity in the government. None of the other folks from Pinole and other councils seem to have a problem with it.”

“This was something that was voted on 10 years ago in Antioch and failed, miserably,” she added. “This isn’t the same community it was 10 years ago. I thought it would make sense to bring it back and discuss it, now.”

“We both know this would go to the voters. We would not make a decision up here.

It would be extremely unlikely this would affect the current mayor. This is about the future. This is not to remove a current mayor. That was never the discussion. Would it make to go to a fifth district as other councils.

Attorney Smith said he had an elections attorney available to answer questions during the meeting as a panelist on Zoom.

“It was voted down in 1994,” Ogorchock stated.

Also in 2012, someone added.

During Public Comments on the item resident Ramesh Shuman said, “This has been tried in so many cities and it has been very successful. I think this would be a good time to try it…to give each person a chance to bring new ideas that we have not heard in the past. But this would not be for this term.”

“This is a dictatorship in content. I do not want any of you mayor, ever,” said Julia Aymachoque. “But you are forcing yourself to that position, no matter what. Reducing the term of the mayor to one year…is a terrorist threat to all of us. An attack on Antioch Mayor Lamar Thorpe is an attack on all Antiochians, democracy and U.S. Constitution. The right extreme agenda, a systemically racist move and we want you to stop this monstrosity. Let the mayor be the mayor for four years. Defund the police, pay for the lawsuits, create instead social safety net.” (Nichole Gardner could be seen standing, clapping and saying, “yes” in response).

Andrew Beckers spoke passionately saying, “Council worked very hard to say this is not an attack on Mayor Thorpe. I think this item would come forward on next year’s ballot which we would all vote as a community. The good majority of cities in this state follow this practice. This city does not have a strong mayor. But our mayor has acted strongly for a long time. This mayor is a city council member who chairs a board. This same mayor that everybody is supporting is not here. Everybody deserves to have a voice, all of our elected officials and I applaud this.”

Frank Sterling said, “I understand we get to vote on it. I look forward to hearing…about how it works.”

Former councilman Ralph Hernandez said, “This is a item that I think really needs to be thought out. I’m not opposed to it. That depends. All of you represent a part of the community under this district voting, I call it B.S. I think we should eliminate district voting and go back to electing all council people. I don’t think we can really address this particular item, yet…until hearing from the public. When you have elected officials we want them to represent all of us.”

Resident Lucas Stewart-Chilcote said, “The previous agenda item I felt some equity. This is different. What are the advantages to this? Should we do the United States of America president as a one-year rotation? What other advantages is there to be the mayor to keep it fair? Are there other roles…what would you all get out of it?”

Francisco Torres said, “I also noticed most cities are going for five rotated mayors. I think that’s a good idea. That way each one of you gets the chance to be the mayor and run the agenda and run the meetings. Every district has a voice, and those voices need to be heard. We’ve only been doing it for 200 years. I do believe in district council people because you have to answer to 25,000 constituents. They have someone to go to. Good luck and see where it lands.”

Ronald Muhammad spoke next saying, “This is not about a person we’re talking about processes. That’s why I keep talking about the Brown Act. The people are being taken out of the process. ‘The people shall not give up their sovereignty’,” he quoted. “What constituency base brought this to you or did you bring this up? Whose stuff are you bringing forward or is it your stuff? That’s why I keep yelling Brown Act, Brown Act. It seems like other things are going on. If you want to beat Thorpe run against him. Beat him at the polls. Brown Act violation.”

Dorothy Ellis then said, “I totally disagree having four to five districts…it should not be a shared responsibility. If he’s not doing his job then it should be us voting him out. You haven’t provided us anything. You want us to take you at your word. We don’t want you to circumvent the process. This is called a special meeting and it’s only a discussion. You done took my time and you’re not voting on anything.”

Susannah Williams said, “I’m in support of districts. Mayor Pro Tem Torres-Walker’s district has a voice for the first time, ever. We voted to elect a mayor. I don’t think a rotated mayor works as good with districts. I see this as a little premature and distracting. If you have to go through that redistricting process it could be nowhere as fair as the districts are, today.”

Kimberly Kidd-Bailey spoke next saying said, “I’ve been an Antioch resident for 23 years and I just started coming to the council meetings. What’s going to happen with all the police stuff…with all the other items I heard? What all are you doing for the public? About the mayor thing…you guys are bickering amongst each other calling each other names. Why would I want you to be mayor for one year?

“I heard someone all you racist or white privileged last time,” she said looking at Ogorchock. “I don’t want you representing me if you’re like that.”

Resident Devin Williams said, “I believe in the democratic process. I believe we deserve to elect somebody and let them lead. Not everybody who is going to rotate into this chair will represent everyone. We need to have consensus when we go to the voting booths when we’re voting for the mayor. It was voted against I 2012. There are other issues we need to be worried about than this foolishness, tonight. I respect those wanting to do this but we shouldn’t have the discussion without the mayor here.”

Don Freitas spoke next saying, “The issue before us is not about Lamar Thorpe. The issue is do you want five districts or an elected mayor. The reason cities go to an elected mayor is when they get large and the issues are complex. Frankly, I would just strongly suggest you to not have a rotating mayor. You want someone who represents the entire community and is answerable to all the people. I’ve seen the squabbles with rotating mayors. There are just some people on council who should not be mayor. It’s a whole new level. It’s more complex. I really hope you don’t put this on the agenda next year.”

Allison Norris was the last from the public to speak saying, “I was the person that messaged you, Tamisha, and you got back to me. I’m in District 3, but first and foremost I’m an Antioch citizen. One of the reasons we’re divided, we’re divided on race. Just because I’m white doesn’t mean I don’t care about Tamisha’s districts. And comments like what was said about Lori, last week is not right.”

Council Discussion on Rotating Mayor

Elections attorney Mel Richardson co-chair of Walnut Creek-based law firm Best Best and Krieger’s election law practices group, joined the meeting via Zoom.

In response to questions from Barbanica he said, “these issues are governed by California Elections statute in the FAIR MAPS Act,” he said. “Of four plus one or five districts. There’s actually a threshold issue that needs to be addressed…whether or not it can even go forward.”

According to the bill, AB 849 which became law in 2019, FAIR MAPS stands for Fair And Inclusive Redistricting for Municipalities And Political Subdivisions.

“The FAIR MAPS Act was significantly revised before the last redistricting process,” Richardson continued. “After redistricting…a council shall not adopt new council district elections until after the next decennial census except in three instances: settlement of a lawsuit, or if the city boundaries change. This applies here because when you change from four districts to five districts you rejigger through redistricting. This statute is not perfectly clear because it says the council is prohibited from creating new council districts. It doesn’t address the initiative process. An initiative cannot accomplish what a council cannot accomplish. So, it’s possible that it couldn’t be accomplished by initiative. But that’s not been tested.”

When the council transitioned to districts in 2018, the FAIR MAPS Act became applicable,” he added.

“This would have to be brought to a ballot. This is not our decision. Then the people would have to decide. That is the pathway, correct?” Barbanica asked.

“Yes,” the elections attorney replied. “But we’d have to do a deeper dive. There is no case law. An initiative would have to be used. But it’s even possible that may not be allowed.”

“Government Code 34886 is exactly where you want to go for these different kinds of districts,” he said in response to a question from Torres-Walker. “But that section punts over to the MAPS Act and that is governed by the timing in the Elections Code.”

“We always understood this is not a council action,” Barbanica said. “We’ve received lots of feedback from members of the public over the last week.”

“Having discussions like these to understand what’s possible…I don’t change,” Torres-Walker said. “Even if we have a discussion about this, I’m not afraid to bring things up. I’m also not intimidated by this. Because the public has a right to know. Thank you, city attorney…because now we know the parameters.”

“I think the fear is very concerning to me,” she continued. “When you say we aren’t dealing with Black issues up here…I don’t remember police reform…tenant protections being brought up before.”

“Sometimes open communication is what actually opens relationships not closed minds,” Torres-Walker added.

She then moved to adjourn the meeting and the motion passed 4-0-1 at 9:01 p.m.