Claims Thorpe knew Antioch Police already implementing five of eight reforms before releasing his proposal

In a press release on Monday evening, Antioch City Council candidate Mike Barbanica slammed Antioch Council Member Lamar Thorpe, who is up for re-election in November, for his proposal to call for an ad hoc committee to deal with what he labels “so-called reforms at the Antioch Police Department”. Thorpe listed eight reforms endorsed by the national 8 Can’t Wait Campaign and four actions the council can take promoted by the Obama Foundation on its website. (See related article)

“Antioch residents want change – real change – so we can honestly address racism in our community,” said Barbanica, candidate for city council in District 2. “We don’t need another Antioch bureaucracy led by politicians who claim to know what’s best for our community.”

Barbanica stated that the Antioch Police Department has already implemented five of the eight reforms advocated by 8 Can’t Wait and is in the process of reviewing the other three for possible implementation.

He added that Thorpe was advised of this information by the APD before he sent out his press release.

“Shame on Mr. Thorpe for grandstanding on this issue for his own political gain,” Barbanica said. “What we need is more ongoing thoughtful communication between our police officers, our community, Antioch’s faith leaders and business owners – not the establishment of some shill of a committee that exists for the purpose of promoting a politician’s own political agenda.”

Barbanica, a longtime Antioch resident, local business owner and retired police lieutenant from the neighboring City of Pittsburg, said he is proud of the hard work and dedication of Antioch’s police officers, noting that, under Police Chief Tammany Brooks, Antioch PD has been responsive to the needs of our community.

“Can we do better? We can always do better and we need to come together, as a community, to better understand the needs of our African American and Latino residents,” he said. “But establishing a committee of politicians who will use it as a pedestal to pontificate about the causes of racism is not the answer.”

Barbanica added that George Floyd’s murder, and the protests that have followed, have awakened all of us to the need for social justice reform that can only begin in earnest by us initiating honest dialogue, by our listening and communicating with one another, so we can re-create a society that is fair and just for all persons who live here.

6/9/20 UPDATE:  When reached for comment, Councilman Thorpe said “what I knew was that I asked the chief to get clarity on this, and he sent me an email response and he said ‘in spirit we do some of these. We have officially two on the books so far. But I can look into and we can do these things in spirit.’”

“He had some concerns about other ones,” he continued. “What I did was call on the chief to adopt all of them. The issue is not whether not I knew. The fact of the matter is they’re not written in our policies. There’s a difference between researching and considering adopting them.”

“I’m calling for the remaining six to be implemented,” Thorpe stated. “Let’s make it about policy. Five of them doesn’t complete the eight. I’m saying all of them.”

Allen Payton contributed to this report.

Thorpe seeks six of eight immediate policy reforms, claims only two have already been implemented

By Allen Payton

In response to the death of George Floyd at the hands of four former Minneapolis Police Officers, and the ensuing protests in Antioch and throughout the country, Antioch Councilman Lamar Thorpe has jumped on the bandwagon of a nationwide effort led by the Obama Foundation, to limit police interactions with suspected criminals by proposing a list of reforms for the Antioch Police Department he wants the rest of the council to consider.

In a press release he issued on Monday, Thorpe said he “fully endorses the enactment of eight specific policy recommendations that are part of the national 8 Can’t Wait Campaign” and claims “two of eight recommendations are policy in Antioch.”

Thorpe is calling on Antioch Chief of Police to enact the remaining six.

“Something is happening with the consciousness of America. People all over the country and here in Antioch are saying ‘enough is enough,’ and they expect change,” Thorpe said. “After 15 days of sustained protest, demonstrations and civil unrest, it’s time to take action, before one more senseless killing takes place. Let’s think globally and act locally.”

The most controversial of the remaining six recommendations is the banning of chokeholds and strangleholds, including a technique Antioch police use called the carotid restraint, which involves placing pressure on a person’s neck to restrict blood flow. In an independent autopsy, medical examiners determined that pressure placed on Floyd’s carotid artery impeded blood flow to his brain and contributed to his death.

More than a dozen California cities have banned carotid restraints following Floyd’s murder. Assembly Bill 1196, introduced last week by state Assemblyman Mike Gipson, D-Carson, would make the carotid restraint illegal in California. Thorpe is calling on Gov. Gavin Newsom to sign the bill.

Following are the eight policy recommendations:

1. Ban police use of chokeholds and strangleholds, including the carotid restraint
2. Require officers to de-escalate situations whenever possible
3. Require officers to exhaust all options before shooting, including less lethal force
4. Ban officers from shooting at moving vehicles
5. Establish a use of force continuum that restricts using the most severe force to most extreme situations
6. Require comprehensive reporting for each time an officer fires or points their weapon at someone
7. Require verbal warnings before using deadly force (already an Antioch policy)
8. Require officers to intervene to stop excessive force by other officers (already an Antioch policy)

According to the Obama.org website, “More than 1,000 people are killed by police every year in America, and Black people are three times more likely to be killed than White people.” That’s because, as a CNBC article on police violence in America reports, “according to Mapping Police Violence, one research group…Black people accounted for 24% of those killed, despite making up only about 13% of the population.” But the article also reports that, “no comprehensive official database exists for tracking police violence, though there have been efforts at the federal level to create one.”

That article further reports, “the data from Mapping Police Violence is sourced from three databases — killedbypolice.net, fatalencounters.org and the U.S. Police Shootings Database — as well as original research focused on social media, obituaries, criminal records databases, police reports and other sources, according to the group.”

At the Tuesday, June 9, 2020 Antioch Council meeting, Councilmember Thorpe will call for the formation of a City Council Ad-Hoc Committee on Police Reforms to be composed of council members, legal advisers, police leaders, police union representatives and community advocates. The role of the committee will be to examine potential long-term reforms in the following areas:

1. Demilitarize our local police
2. Increase police accountability
3. Improve police hiring practices
4. Excessive use of force
5. Budget appropriations

“While it’s important for our city to take immediate preventative steps, such as banning use of carotid restraints, creating successful police reforms will require the involvement of the entire community,” Thorpe said. “The ad-hoc committee approach is one of the best tools we have as city councilmembers to create lasting policy change that works.”

Additionally, he has signed the Obama.org’s “My Brother’s Keeper Alliance Pledge”, to have Antioch become an “MBK Community” which asks local officials to:

1. Review the police use of force policies in my community
2. Engage my community by including a diverse range of input, experiences, and stories in our review
3. Report the findings of our review to my community and seek feedback within 90 days of signing this pledge
4. Reform my community’s police use of force policies based on findings

When asked for his thoughts on Thorpe’s proposed reforms, Antioch Police Chief T Brooks responded, “I look forward to hearing the discussion between Councilman Thorpe and the rest of the city council on this proposal.  I am especially interested in what specific reforms they believe are necessary at the Antioch Police Department.”

A question to the chief asking if there any of the other six reforms on the proposed list have been implemented by the Antioch Police Department went unanswered prior to publication time.

The online Antioch City Council meeting begins at 7:00 p.m. and can be viewed on Comcast Local Cable Channel 24 or via livestream on the city’s website at www.antiochca.gov/government/city-council-meetings/live/.

Please check back later for any updates to this report.

By CHP – Contra Costa

Early yesterday morning, Sunday, June 7, 2020, at about 3:45am, Contra Costa CHP was advised of a wrong way driver traveling southbound in the northbound lanes of I-680 near El Pintado road, in the Danville area. The wrong way vehicle then collided head on into a vehicle traveling in the northbound lanes of I-680. Upon emergency personnel and CHP arrival, the solo female driver of the wrong way vehicle was located and detained and had suffered non-life-threatening injuries. Tragically the female driver and male passenger of the victim vehicle that was hit by the wrong way driver, were both declared deceased at the scene. A secondary non-injury collision occurred with the victim fatality vehicle shortly after the original wrong way collision. The Contra Costa County Sheriff’s Coroner’s Office will be handling the release of identity of the deceased female driver and deceased male passenger.

In our initial investigation, it appears the female driver of the wrong way vehicle (Camille Veraanne Kimball, 27 years old from Concord, driving a 2020 Ford Fusion) was driving southbound in the northbound lanes of I-680, north of El Pintado Road. The victim vehicle (2012 Honda Civic) driven by a 46-year-old female from Antioch with her 26-year-old male front passenger also from Antioch, was traveling in the northbound lanes of I-680 at El Pintado road. Kimball continued to drive her Ford wrong way on I-680 and crashed head on into the victim’s Honda, just north of El Pintado. Tragically the driver and the passenger of the Honda did not survive and were both pronounced deceased at the scene.

Kimball suffered non-life-threatening injuries and was transported to John Muir hospital. Kimball was also suspected of driving under the influence/impaired. While at the hospital, Kimball was investigated and arrested for felony DUI and vehicular manslaughter. Due to her injuries, she was admitted to the hospital and will remain there until discharged into police custody for booking into the county jail.

This incident is still under investigation. If anyone witnessed this collision, the wrong way Ford Fusion vehicle prior to the collision, or the events leading up to the collision, please contact Contra Costa CHP in Martinez at (925) 646-4980. Thank you.

According to Kim McCarl, the county health services communications assistant, the “guidelines will be the same as the state’s”. No word on if the requirement to create lists of the names and contact information of all attendees to be given to the county upon demand will still be included. (See related article)

By Allen Payton

In his Friday, June 5, 2020 order, Contra Costa County Health Officer Dr. Chris Farnitano now allows religious services to hold outdoor worship services of up to 100 people and indoor worship services of up to 12 people. (See related article)

However, buried deep within the order, in Section 3, Subsection B3 of “Appendix C1 – Additional Businesses” the order requires “A record of attendance, including the names and contact information for each attendee at a service or ceremony, must be created and preserved by the Place of Worship for a minimum of 14 days, and provided to Contra Costa Health Services immediately upon request in the event that a COVID-19 case is linked to the event.”

An email was sent to all five members of the County Board of Supervisors and county health services communications staff, in an attempt to reach Dr. Farnitano, Saturday evening with the following questions.

• Are you also requiring protest organizers to provide a list of those who attend them?
• Or restaurants to provide you a list of diners who enjoy outdoor dining at their locations?
• How would anyone know a COVID-19 case was linked to an outdoor worship service of up to 100 people or an indoor one of up to 12 people?
• Don’t you think you’ve infringed on the First Amendment rights of people of faith in our county enough already?
• Don’t you think this goes way too far?
• Was the county counsel consulted before this was included in the order?

Four of the members of the board were also sent text messages asking them to check their emails for the message.

Supervisor John Gioia, who was an attorney before being elected to the board in 1998, responded first via text message with, “Yes. It’s to keep track of people who are in contact with someone who tests positive. For contact tracing. And have them isolate for 14 days if they test positive.”

When asked again if protesters are required to give their names and information and what about restaurants that serve outdoor diners, he simply responded, “It’s a fine balance. I understand the arguments on both sides.”

Board Chair Candace Andersen responded by email with, “Karen (Mitchoff) and I chair at COVID Ad Hoc Committee each Thursday at 1:30 pm (available to all via Zoom). This week we had Dr. Farnitano explain this provision at our meeting. It’s simply there so that if there is a COVID outbreak, a church could make the names of attendees available so that they could be traced/tracked and notified that they may have been exposed. The only time these names would be requested is if there was, in fact, someone who came down with COVID in the congregation.”

“In a workplace or at a school the Health Department would also request the names of everyone who was present and exposed to someone who tested positive for COVID. In those settings the names would already be available because of the nature of the business,” she continued. “I will ask our Health Team to put an FAQ up so that its purpose can be clarified.”

In response, another email was sent to Andersen, Mitchoff, and the county health services communications staff, asking for answers to the questions from the first email that were not answered by Andersen.

The requirement from the June 5th order was shared on social media and almost all the comments about it were negative such as, “Do businesses with thousands of people going in and out need to record all of this? I go to many businesses and my name is never recorded, unless it is a dentist or something,” and “That is so crazy…are we still in the USA? Or is this a bad dream?”

Another commenter asked, “How about the names of the thousands of…protestors before they go out and the looters too?” Another comment reads, “I’ve wondered how they are tracking all the people at Walmart, Target and Home Depot. They don’t take attendance there.”

“Ridiculous! Control! Why not other businesses? Only churches?” asked another commenter. “I won’t attend until that changes. My name isn’t going on any list,” wrote another.

One pastor wrote, “That’s too far” and another wrote, “I’m not doing that. They don’t do that with Walmart, Home Depot, etc.”

The Bill of Rights are limitations on the power of government. It can be argued that the requirement in the county’s health order violates both the First and Fourth Amendment rights religion, peaceful assembly and privacy, of both the worship service attendees and those of the places of worship.

The First Amendment mentions religion first in the list of rights, because that is the first reason our nation was founded, going back to the Pilgrims in 1620. It reads “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” That applies to any state law, county or city ordinance, regulation or order, as well.

The Fourth Amendment refers to what is described as the right to privacy. It reads, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” So, a church or other place of worship could require the county to provide a warrant to obtain the information the order requires.

6/7/20 UPDATE: Chair Andersen Responds

In an email received by the Herald on Sunday afternoon, June 7, Board of Supervisors Chair Candace Andersen offered the following responses to some of the questions posed to her and the rest of the board members and Dr. Farnitano:

“How would anyone know a COVID-19 case was linked to an outdoor worship service of up to 100 people or an indoor one of up to 12 people? That’s why we have contract tracing in place. We would track/trace people at both venues to make sure others who were exposed are tested, thus preventing a serious outbreak.

Don’t you think you’ve infringed on the First Amendment rights of people of faith in our county enough already? In a worldwide pandemic of this scope we are continually balancing the health of the community versus any limitations we need to impose upon the public. I really miss going to church. For my entire life I have gone every single Sunday unless I was home sick. However, I can see how it is for the greater good to NOT have live church services where we could potentially be exposing each other to a horrible virus. And, I continue to worship at home with my family, with fellow church members via Zoom and YouTube, through reading scriptures, listening to uplifting music, and finding new ways to connect spiritually. Yes, it’s different than it was, but I also know it is only temporary. More importantly, “the State” is not telling me how or who I should be worshipping, only that it is unsafe to gather as a congregation right now. As you know, the State Supreme Court has agreed that in this emergency we’re in, this is an acceptable limitation.

Don’t you think this goes way too far? Was the county counsel consulted before this was included in the order? All Health Orders have County Counsel’s review before they are implemented. I would be concerned if churches were mandated to report attendance each week, but they’re not. No one is reviewing the attendance or calling out who is or is not there. Churches are just being asked to be in a position to identify who was present at a service so that if there is an outbreak, the affected people can be notified and tested.”

However, the recent ruling in the case before the Supreme Court had nothing to do with government requiring places of worship to collect the names and contact information of those who attend worship services and provide it upon request.

A more complete question was sent to her and Dr. Farnitano asking, “how would anyone know a COVID-19 case was linked to an outdoor worship service of up to 100 people or an indoor one of up to 12 people if that same attendee participated in a number of other activities, both indoor and outdoor, during the week?

Possible legal action can be expected against the county in the very near future.

Please check back later for any updates to this report.

Road to Reopening – A message from Anna M. Roth, Health Director, Contra Costa County

(June 6, 2020) Thanks to all your collective efforts and sacrifices for the health of the community, we are making progress in our fight against COVID-19. There is light at the end of the tunnel.

The state is permitting us and other counties to chart their own courses based on local conditions. We are now able to provide a timeline laying out when we are aiming for opening more businesses and allowing more activities. I hope this provides some clarity about our hoped next steps. We will be updating this document as we get further guidance from the state and in consideration of the status of COVID-19 in our community. Stay safe and we will all get through this together.

But the road map includes the caveat of “We hope to continue opening up the county but, may need to reconsider openings based on the course of the pandemic.”

However, the road map includes the caveat of “We hope to continue opening up the county, but may need to reconsider openings based on the course of the pandemic.” An email was sent to the county health services asking why churches/religious services are not included and when they will be. Please check back later for updates to this report.

For more information visit www.coronavirus.cchealth.org.

Allen Payton contributed to this report.

 

Visit www.facebook.com/issarap2020 for more information.

From Contra Costa Health Services

Contra Costa County residents may again enjoy outdoor swimming pools, outdoor seating at restaurants and dog parks under a new health officer order released today.

The order, effective 5 p.m. today, also allows for outdoor religious services of up to 100 people, indoor religious services of up to 12 people, use of outdoor picnic and barbecue spaces, and overnight camping for people belonging to the same household.

Because of the progress made in the fight against COVID-19, Contra Costa health officers feel confident opening additional businesses and activities. The State of California has determined that while counties can move slower than state in reopening, they cannot move more quickly. The openings announced today bring Contra Costa County in closer alignment to state guidelines. It also aligns with other Bay Area counties taking similar steps.

“We have made great progress slowing COVID-19 in our county,” said Candace Andersen, chair of the Contra Costa Board of Supervisors. “I want to offer a heartfelt thank you to all who suffered and sacrificed to follow these health orders throughout this pandemic. I know it has not been easy. But you have helped save lives.”

This order follows a modification earlier this week that allowed offices and many retail businesses to reopen and created guidance for small gatherings including people from different households.

Previous health orders requiring physical distancing and face coverings in public spaces remain in effect. Contra Costa residents should also continue to emphasize handwashing and other hygiene measures in their daily lives to reduce their risk of becoming infected.

“COVID-19 is still circulating in our community, and we need to take precautions to prevent outbreaks,” said Dr. Chris Farnitano, the county health officer. “Another way we can keep ourselves and our families safe is to get tested, even if we feel well.”

The new order includes guidance for safely conducting the newly permitted activities, including requirements for businesses. Details, including the full text of the order, are available at cchealth.org/coronavirus.