Third suspect sought; one of the suspects among those shot

By Corporal Adrian Gonzalez #4336 Field Services-Patrol, Antioch Police UAV and Gang Unit

On Saturday, July 24, 2021, at 12:24 AM, APD officers responded to Romi’s Liquor and Food (corner of E. 18th Street and Cavallo Road) for two people who had been shot. After medical attention was given to the two victims, officers reviewed video from the area and discovered there were three armed males who engaged in a shootout. Suspect descriptions were developed from the video. While officers were still on scene a third shooting victim was located. This male was positively identified as one of the males who had shot in this incident.

Additionally, later in the night a second male who had participated in this shootout was located by officers. Both males were arrested for assault with a deadly weapon and various weapon related crimes.

Officers are continuing to follow up on leads to identify the third and last suspect. All gunshot victims are in stable condition at the time of this writing.

Anyone with information is asked to call the Antioch Police Department non-emergency line at (925)778-2441 or You may also text-a-tip to 274637 (CRIMES) using the key word ANTIOCH.

Shuts down westbound lanes for several hours; suspect flees scene

By CHP-Contra Costa

This evening at about 6:35pm, a freeway shooting occurred on State Route 4 westbound, just east of Port Chicago Highway in Concord. One victim succumbed to their injuries from gunshot wounds and another victim suffered moderate injuries due to gunshot wounds. The victims were in a black Toyota Camry. The unknown suspect vehicle fled the scene. As a result of the shooting, the victim vehicle crashed into the metal guard rail at the top of the Port Chicago offramp.

CHP has shut down all westbound lanes of HWY4 in the area for scene processing and collection of evidence. At this time, we do not have an estimated time of re-opening the freeway but expect it to be closed for at least a few hours. We will provide updates as soon as we can.

This is an ongoing investigation with Detectives assigned to CHP – Golden Gate Division Special Investigations Unit (SIU) who are actively investigating this shooting. Our detectives are requesting assistance from the public in gathering the details surrounding this incident. If you or anyone you know have any information that might be helpful, please call the CHP Investigative Tipline at 707-917-4491.

A day for the recognition of Ivermectin – “Covid is treatable with ivermectin and can end the pandemic”

By British Ivermectin Recommendation Development Group

An international coalition of medical professionals together with journalists, musicians, artists and others, have established World Ivermectin Day this Saturday 24 July 2021, with the aim of sharing the evidence-based message that the cheap, safe and easily-distributed medicine ivermectin can remove the fear of the covid pandemic to lives and economies. (See website with videos)

According to the National Institutes of Health, “Ivermectin is a Food and Drug Administration (FDA)-approved antiparasitic drug that is used to treat several neglected tropical diseases, including onchocerciasis, helminthiases, and scabies.

Reports from in vitro studies suggest that ivermectin acts by inhibiting the host importin alpha/beta-1 nuclear transport proteins, which are part of a key intracellular transport process that viruses hijack to enhance infection by suppressing the host’s antiviral response. In addition, ivermectin docking may interfere with the attachment of the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) spike protein to the human cell membrane.

Some studies of ivermectin have also reported potential anti-inflammatory properties, which have been postulated to be beneficial in people with COVID-19.”

“We have an incredibly positive and uplifting message to share; Ivermectin treats and prevents covid and it is the key to unlocking the never-ending cycle of pandemic peaks and personal restrictions and will help restart economies.” states Dr. Tess Lawrie, UK-based founder of the Day and co-author of a recent peer-reviewed study that verified the efficacy of the medicine.

Created in just a few weeks by a team of volunteers, World Ivermectin Day features talks and discussions that will be available to millions online. The decentralized and grassroots nature of the day has inspired individuals to organize their own live meetings and activities across the globe from a growing list of countries including the UK, Canada, Kuala Lumpur and Japan.

The principle aim of the day is for people to encourage their own governments to join the 20 or so countries already deploying ivermectin and so help protect their nations’ health and do so at low cost.

Ahead of the day, the central website, worldivermectinday.org is filling up with written and filmed testimonials from people from all around the world; many of whom are celebrating their good health and even their lives thanks to ivermectin.

World Ivermectin Day has been endorsed by the British Ivermectin Recommendation Development (BIRD) Group and the Front Line COVID-19 Critical Care Alliance (FLCCC) in the USA, key players in campaigning for ivermectin approval.

About BIRD

The British Ivermectin Recommendation Development Group (BIRD) is a truly grassroots initiative bringing together clinicians, health researchers and patient representatives from all around the world to advocate for the use of ivermectin against covid-19. (See BIRD Affiliates)

About FLCCC

The FLCCC Alliance was organized in March 2020 by a group of highly published, world renowned Critical Care physician/scholars – with the academic support of allied physicians from around the world – to research and develop lifesaving protocols for the prevention and treatment of COVID-19 in all stages of illness. Their MATH+ Hospital Treatment Protocol, introduced in March 2020, has saved thousands of patients who were critically ill with COVID-19. Now, the FLCCC’s new I-MASK+ Prophylaxis and Early At-Home Outpatient Treatment Protocol with Ivermectin has been released – and is a potential solution to the global pandemic.

The doctors and volunteers behind the event have designed the day to be organic, encouraging individuals and groups worldwide to organize their own activities to mark the day. There’s no financial interest in the medicine for any of them, but they are all resolutely unified by one aim – seeing ivermectin saving lives everywhere.

About Ivermectin

You may not be aware that Covid can be prevented and treated with a simple low-cost, generic tablet called Ivermectin.

On World Ivermectin Day we want you, and everyone on the planet to know this so we all can look forward to a healthier, happier future and not one of fear and uncertainty.

We are joined by health professionals, lawyers, musicians and artists and people of all backgrounds and nations to spread the amazing news about ivermectin.

Ivermectin, has a successful history stretching back to 1975 with 5 billion doses given and an impeccable safety record. Its inventors even won a Nobel Prize.

Ivermectin is not even the only generic treatment for covid, but leads a number of safe, widely available medicines that are being successfully used around the world to beat covid.

Sharing Good Health Worldwide

World Ivermectin Day is encouraging all nations who haven’t yet adopted ivermectin as part of their Covid treatment plan to take a serious review of the mountain of robust clinical evidence so they too can improve their people’s health and economies.

They are sharing the good news of how it is being successfully used by thousands of doctors in multiple countries as the way to prevent, treat and beat covid and end the pandemic. It is even effective against variants.

For more information visit WorldIvermectinDay.org.

Allen Payton contributed to this report.

Ignores councilwoman’s request for more officers; offers police overtime, youth jobs program instead; will hold another press conference Monday

“I’m prepared to declare this site a public nuisance and require owners to take the necessary steps to mitigate issues that make it easy for criminal activity to occur on private property.” – Antioch Mayor Lamar Thorpe

“How can they pass the blame to us? How can we take the law into our own hands?” – Quik Stop owner.

By Allen Payton

In response to District 1 Councilwoman Tamisha Torres-Walker’s request for the city to hire four more police officers and focus them on the Sycamore corridor, Antioch Mayor Lamar Thorpe said he met with residents, business and property owners in that neighborhood. In response, he blames the property owner of and business owners in the Sycamore Square shopping center at the corner of Sycamore Drive and L Street and is expecting them to take action to reduce crime. In a post on his official Facebook page on Saturday, Thorpe wrote that he’s “prepared to declare this site a public nuisance and require owners to take the necessary steps to mitigate the issues that make it easy for criminal activity to occur on the private property.”

His complete post reads:

“Sycamore Square… ripe for opportunity but for over 3 decades has been riddled with drug activity that spirals into violence. I spent this week visiting with the property owner, store front owners, residents, and yes the people involved in illicit activities about the challenges surrounding this little strip mall.

On Monday at 11 am (in the parking lot), I’ll be holding a press conference unveiling a crime prevention package focused on taking youth off Antioch’s streets by providing them with employment.

I’ll also be putting the property and store front owners on notice, I’m prepared to declare this site a public nuisance and require owners to take the necessary steps to mitigate issues that make it easy for criminal activity to occur on private property.

Additionally, I’ll discuss additional police overtime for proactive enforcement, a partnership with Contra Costa County Probation Department and more.”

Thorpe is ignoring Torres-Walker’s request of hiring the additional officers and have them focus on the Sycamore corridor with a community, proactive policing effort. (See related article)

There is nothing on next Tuesday’s council meeting agenda about her request nor District 2 Councilman Mike Barbanica’s request to increase the number of sworn police officers on the force by 2.5% per year until the state staffing average of 1.48 officers per 1,000 population is reached. (See related article)

There are now three council members who support hiring at least an additional three to four officers, this year, although the council on a 4-1 vote, last month, approved a two-year budget for the city without including any more sworn officers. Only District 3 Councilmember Lori Ogorchock voted against the budget. She supports including funding for more officers in the budget, as well. (See related article)

Barbanica Responds

From efforts to reach council members for their comment on the mayor’s proposal, only Barbanica responded before publication time.

“I’m in that neighborhood on a weekly basis dealing with property owners and a lot of them feel like they don’t know what to do,” he stated. “You have people taking advantage of the system. You have people moving out of the neighborhood.”

“It’s a situation where business owners are scared and reaching out for help,” Barbanica continued. “I think we need to be partnering with the business and property owners.”

“I know the homeowners in that area voted in the past couple of years to have a homeowners’ association special assessment to have gates and fencing installed,” he explained. “That was paid for by the homeowners.”

“Unless the mayor has information that I don’t, I know those business owners have been victimized as much as the homeowners and residents in that neighborhood,” Barbanica stated. “But if we can put more patrols in that area, anything we can do to add more patrols and more police officers in our community, I’m always in support of hiring more police officers. However, I want to hear the specific plan for that area.”

An effort to reach one of the merchants in the shopping center was also unsuccessful before publication time.

7-25-21 UPDATE: Quik Stop Owner Responds

The owner of Quik Stop, who chose to remain anonymous, reached out to the Herald and shared his thoughts and concerns about Thorpe’s proposal.

“He’s been out here at the property, the shopping center for the entire week,” the store owner said. “He came by with Councilwoman Torres-Walker, in the same car, which was kind of odd. She’s been out with him a couple times this past week.”

Asked what he thought of the mayor’s comments, the Quik Stop owner said, “that kind of caught everybody on the property off guard. How can they pass the blame to us? How can we take the law into our own hands?”

“Most of the people causing the problems don’t live in the neighborhood,” he stated. “But unfortunately everyone, here is affected by it.”

“We’ve owned that store since 1992. Actually, my father owned it back then. So, we’ve seen the changes,” he shared. “Back in the late 90’s the neighborhood was decent. It’s not as bad as it is, now.”

“If they declare it a public nuisance that’s going to cause more problems,” he continued. “The last thing you want to do is bring more negativity.”

“What he (Thorpe) told me, is if people who are out here causing the problems want a job, they’re to come see us and we’ll give them jobs,” he said.

Asked if he and the other business owners had agreed to that, he responded, “we never agreed to anything. This was early on in the week before he made his statement on Saturday.”

Asked if the business owners have an association or have worked together to address the problems they face, he responded, “we’ve tried in the past. But not everyone agrees. We signed up for the city’s Business Watch. We’ve been very cooperative with the police, any time they need help or information. Any kind of (security camera) footage they need.”

“We even have vendors that are very hesitant to even deliver to our businesses,” he explained. “That Sycamore Drive is famous for the wrong reasons.”

“They need to focus on hiring more police if they want it moving in the right direction,” he continued. “They just want to pass the blame onto others, the business owners, which is ridiculous. Our businesses suffer when the problems occur.”

“We’re constantly calling dispatch letting them know we have 30 people out here, shooting dice, etc,” said the convenient store owner. “Sometimes, depending on how busy they are, we have to call several times, and they say they’ll send an officer. But when they roll up the people out here, scatter.”

“The police officers get frustrated with the DA not prosecuting. I’ve come across great officers. But their hands are tied,” he stated. “The DA doesn’t want to do anything. They book them then an hour later they’re right back outside, again. We’ve seen this.”

“I just want to find out what the mayor’s plan is. It was unfair that he wants to pass on the blame to the business owners. It’s not the right thing to do,” he reiterated. “What are we supposed to do?”

Please check back later for any additional updates to this report.

 

By Antioch Police Department

“National Night Out enhances the relationship between neighbors and law enforcement while bringing back a true sense of community. Furthermore, it provides a great opportunity to bring police and neighbors together under positive circumstances.”

National Night out is Tuesday, August 3rd from 6PM-9PM. If you are holding a NNO event in your neighborhood and would like members of the Antioch Police Department and Antioch City Staff to stop by, send us your name, and the time and location of your gathering. Please send all responses to Hansho@antiochca.gov no later than 5 PM next Wednesday, July 28th. We hope to see everyone on August 3rd.

 

Threatened to kill one officer and his family then barricaded himself in an apartment; no gunshots fired

By Allen Payton

What started out as a 9-11 call for domestic violence turned into a six-hour stand-off that ended peacefully, as a wanted Antioch man surrendered to police Wednesday evening. The suspect was accused by his girlfriend, with whom he has a child, of beating her, led police on a brief high-speed chase and then barricaded himself inside an apartment on Aster Drive, Wednesday morning. The 46-year-old man who lives at the complex, finally gave himself up after hours of negotiations and non-lethal shots fired by Antioch SWAT, and was arrested on multiple charges.

He also threatened to kill an Antioch Police Officer, who he identified, as well as the officer’s family.

Argument With Girlfriend Leads to Violence

According to Antioch Police Sgt Brian Rose, on Wednesday morning, “the suspect’s girlfriend called the police to tell us there was a domestic violence incident. They have a five-year-old child together. Earlier in the day they got into an argument, and he hit her in the head and face several times and choked her to the point she almost lost consciousness.”

“He said he had a gift for her and left and came back with a pistol,” Rose continued. “He struck her one time in the area of her left shoulder with the gun. She then fled the apartment on Aster Drive and called us.”

Suspect Threatens to Kill Police Officer & Family

“The suspect sent a text message to the victim that he would kill an Antioch Police Officer, mentioned the specific officer and included a photo of that officer’s business card in the text message, and to kill his family, too,” Rose stated. “Because of that information, an officer decided to wait in the front of the police facility in case the suspect showed up. He then drove in front and was driving erratically. Officers had his photo and description of his car, then pursued him from near the police facility to the apartment complex on Aster Drive
Asked if the police knew the suspect, Rose responded, “Yes, we’ve had previous contact with him.”

“The suspect drove to the side of the complex, got out of the car, ran into the apartment and barricaded himself in at about 11:30 am,” Rose explained. “The SWAT team arrived about 3:30 pm and deployed chemical agents into the apartment. Attempted negotiations were ongoing throughout the six hours facilitated by our crisis negotiations team who are specially trained.”

Multiple non-lethal shots were fired by an officer from the top of the department’s MRAP vehicle and a loud siren and announcement could be heard stating, “You’re surrounded. We have a warrant for your arrest. Come out with your hands above your head.”

According to a neighbor who said she witnessed it, “police threw a tear gas canister into the room where the suspect was and he threw it back out.”

SWAT Goes In, Suspect Surrenders

SWAT went upstairs to the apartment at about shortly after 5:00 p.m. and multiple loud shots could be heard.

“There were no gunshots fired. What people heard were light sound devices also known as flash bangs used to disorient the suspect or chemical agents that produced smoke,” Rose explained.

The suspect could then be seen through the open upstairs sliding glass door talking with the officer in the top of the MRAP.

“The suspect ended up coming out of the apartment about 5:18 pm,” Rose shared. “He came out peacefully, followed orders with his hands up and was taken into custody without any physical force.”

“He was arrested for felony domestic violence, assault with a firearm of a person which is also a felony, and for assault with a deadly weapon with great bodily injury because he choked the victim, and another felony of criminal threats because he threatened to kill the victim and obstructing the police,” Rose stated. “We never found a gun and no, he didn’t fire any shots at the police.”

Asked for the suspect’s name, he responded, “we are not releasing the suspect’s name at this time.”

Started out as vegetation fire; destroys two cars; Red Cross to assist 13 people with housing, so far

By Allen Payton

A fire in an apartment complex on Tabora Drive in Antioch, Wednesday afternoon, burned four units, left 16 units uninhabitable and 21 residents displaced, so far. Of those displaced, eight people were able to find housing on their own, while the Red Cross will be working to help the other 13 residents, tonight, according to Con Fire on-call PIO Joe Ottolini. But that figure could increase.

According to tweets on the Con Fire PIO Twitter feed, a wind-driven vegetation fire off of James Donlon Blvd. and Tabora Drive, that started shortly after 3:00 p.m., burned into a 16-unit, two-story apartment building on Tabora. Four apartments were extensively damaged. A neighboring four-unit building has exterior damage. Two cars were destroyed. Residents of 20 units impacted, with residents of four units displaced. There were no injuries reported.

“It was first thought that there were 20 apartment units that were damaged,” Ottolini said. “But we’re down to four units that are uninhabitable. Battalion Chief Lutzow, who was in charge of the incident, put together the list of people for the Red Cross to try and get the 13 people housed, tonight.”

However, the total number of units affected changed Wednesday evening. According to Antioch District 2 Councilman Mike Barbanica who was on the scene meeting with both Chief Lutzow and residents, “16 units are uninhabitable due to lack of power and water.”

“There are people believed to be on their way home so the number of people displaced may increase or stay the same,” Barbanica shared.

“It started somewhere along the pathway near the dumpster area,” he added.

The cause of the fire is under investigation.

 

Show her resistance to helping stop son from promoting illegal dirt bike ride on city streets; same son who fled police during incident in December

By Allen Payton

Following a Public Records Act request on June 16 for the email communication between Antioch District 1 Councilwoman Tamisha Torres-Walker and Antioch Police Chief T Brooks regarding the planned rideout that one of her sons was promoting and possibly organizing on social media, City Attorney Thomas Lloyd Smith finally released them last Wednesday evening, July 14. _Emails to & from TBrooks & TTorres-Walker

Smith at first claimed attorney client privilege and provided several state codes to support it. However, the Herald researched and cited those codes in a response email, pointing out to him that nothing in the codes mentions any other city staff member but refers only to an attorney. The Herald asked Smith if he was included in the emails between Brooks and Torres-Walker and any other council member regarding the rideout. He did not respond. A further email was sent to Brooks and City Manager Ron Bernal asking the same question. Rather than responding, Smith released the emails to the Herald, later that day.

Torres-Walker Less Than Fully Cooperative Frustrating Brooks

The emails show resistance from Torres-Walker to Brooks’ request that she talk to her adult son, Yomani, to get him to stop organizing and promoting the event planned for Sunday, June 20, m on his Instagram account under the name “its_kyd”. At first she agreed to talk to him about it, But later Torres-Walker claimed he was not organizing the event nor knew who was, didn’t know where it would be held and that she didn’t think she talking to him would help.

Yomani is her same son who fled police during a pursuit of him and his younger brother who were riding off-road vehicles on A Street on December 29, 2020. That incident resulted in a 9-minute online video post by the councilwoman and has been under investigation by an outside firm hired by the police department at her request. The investigators report has yet to be released. (See related article)

Brooks first email to her on June 14 with the subject line “Need Your Help Please” reads in part:

“Good afternoon Councilmember Torres-Walker,

Several people have contacted me in regards to an illegal event planned to take place in Antioch this Sunday. Please see the attached screenshot advertising the event, which I’m being told is from your son Yomani’s Instagram account. These types of events are not only dangerous but illegal as well.

Some who are aware of this event (and your son’s alleged involvement) have mentioned wanting to notify local media outlets. I have asked that this not happen, but instead, allow me to stop the event from even occurring. My primary goal is to prevent this dangerous activity from taking place in our city. But I also hope to avoid any type of negative attention this would garner from the public (on you as an elected official, and us as a city) as well.

I am asking for your help to get this event canceled. Prevention is my first and ultimate goal. However, if you are unable to help, we will assemble a special enforcement detail using officers on overtime and seeking mutual aid help from neighboring agencies to address the public safety concern this event will create. We will take a zero-tolerance approach to any/all violations, resulting in arrests and towed vehicles for those participating. I would like to avoid this if at all possible.

Please let me know if you can help. I greatly appreciate it.”

He also shared screenshots of posts by Yomani on his Instagram page, previously shared by the Herald.

Torres-Walker responded in an email to Brooks that evening, and copied Bernal, Mayor Lamar Thorpe and Public Information Officer Rolando Bonilla, with the following:

“Hello Chief Brooks,

Thank you for the email. I was not aware of this event and my son has never organized such an event. It looks like he may have shared an event that was organized by someone else on his personal social media page which is not illegal.

I have no power to stop this but I will talk to my son about not attending because I want him to be safe and I understand that once the police engage in these kinds of events people will and have been gravely injured and/or arrested.

Please let me know if there is anything else I can do to help.”

Brooks responded that same evening with another email to Torres-Walker:

“Thank you for your response.

I agree with you that these events are extremely dangerous. Injuries can be sustained by participants, spectators, innocent members of the public who are completely unattached to the event itself, and even officers who are assaulted by those who violently resist and/or use their vehicles as weapons against them.

I did not say your son was organizing the event – I said he was advertising it. I hoped that he or they could speak to the organizers and ask them not to bring this event to our community. It is not welcomed here.

Since you do not have the power to stop it, but would still like to help, I’ll ask that you please find out from your son where this event is scheduled to take place and provide me this information? His post says he knows where this is going to occur, and having this information ahead of time would greatly benefit us to secure the area and hopefully deter potential participants from stopping in the first place. Preventing the group from congregating/organizing would greatly reduce any likelihood of confrontation, making it safer for all.

Thank you in advance for helping us work to prevent this dangerous event from occurring in our city.”

Torres-Walker responded, once again, about a half-hour later, attempting to turn it around on police, with a brief reference to the incident in December, and those who had informed Brooks about her son’s social media posts for the June 20th planned rideout. She wrote:

“Hello Chief Brooks,

I get it and my son knows what it’s like to have someone use their vehicle as a weapon to harm him.

It seems like the location is never shared ahead of the day of the event so even if I wanted to help with that request I couldn’t.

Maybe the informants that are reporting activity on my son’s social media page can use their investigative skills to find out who is organizing the event and request the location.

I will talk to my son but since he is not organizing the event and has no idea who is I’m not sure that will help either.

Have a good evening,”

The following morning, Tuesday, June 15, Brooks sent an email to Bernal, Thorpe and Bonilla showing additional posts on social media by Yomani on his Instagram account with the words “Stop Snitching” and other posts warning those who might participate in the rideout to “Keep yo head ona swivel” to look out for police during the rideout.

A frustrated Brooks wrote in that email:

“All,

I have no intention on responding to Councilmember Torres-Walker’s below email. It is unfortunate that she is taking this stance and refusing to help prevent a dangerous event such as this from occurring in our city. Although she claims her son is not involved, it is clear from the original screenshot I included to start this conversation that is not true. To further evidence this, please see the below screenshots that her son posted last night. Obviously Councilmember Torres-Walker informed him of my request. But instead of helping prevent the dangerous event and negative publicity it will bring us as a city, it has appeared to embolden him and he has doubled down on his messaging to continue on with the event as planned. Not only will this cost the city taxpayers’ money in unnecessary police overtime, it is endangering the lives of those illegally riding on our streets, the innocent motorists on our roadways, and the officers tasked with trying to enforce the laws being willfully disregarded. This type of behavior is not good for our community.

T”

The following day, Wed., June 16, Thorpe and Brooks held a press conference about the rideout, asking people not to participate and warning them of a multi-agency effort, fines and $3,000 impound fees, should they be caught. During that press conference, Thorpe was asked if he had spoken to her to tell her son not to promote or participate in them. Thorpe responded, “this is about cancelling the event and let the public know we are going to hold people accountable. I’m not playing games.” (See related article)

The warnings appear to have worked, as the planned rideout did not occur that Sunday.

Challenge Obtaining Emails

By state law, government officials have 10 business days to release records requested by either the media or public. However, agencies can postpone the release by up to an additional 14 calendar days under certain circumstances. It took four weeks for Attorney Smith to release the requested emails.

On June 30th Lynn Dansie, the Police Records Supervisor, sent a letter to the Herald which read, “At the request of the City Attorney we have been asked to extend our response time…for up to 14 additional calendar days, in order to search for and collect records from a separate office/unit holding the information requested. You will be notified with a response to your request on our before, July 12, 2021.” (See              )

Asked what separate office/unit was holding the information and are all communications between city staff and council members done through their official city email accounts, neither Dansie nor Smith responded.

Then on July 1, the Herald made an additional request of all emails between Attorney Smith and council members about the rideout.

On July 8, Dansie emailed another letter that read, “Per the City Attorney, records requested are not releasable at this time. The records requests are being denied under GC (government code) 6254(k) as well as the attorney client privilege under EC 954 and attorney work product privilege under Cal. Code Civ. Pro. 2018.030(a).”

Asked if the letter applied to all emails, Dansie responsed, “The codes of GC 6254(k), EC 954 and Cal Code Civ Pro 2018.030(a) are applicable to both of the records requests involving emails.”

This reporter responded on July 13 with the following, which included citing the language from the sections of those government codes:

“Thomas,

Were you included in the emails between Chief Brooks and Councilwoman Torres-Walker or any other member of the APD staff and any council member regarding the planned rideout on June 20, 2021?

Because I researched the codes provided in Lynn’s email sent yesterday, and if not, then those codes do not apply as they mention nothing about any other person, only an attorney, and you therefore must release the emails to me…post haste. Otherwise please cite the portion of those codes that do apply.

I understand you trying to protect your clients, the council members, from any possible embarrassment over what they wrote in their communication with the chief and/or any other member of the APD or city staff. But that’s not protected under the PRA according to the codes you have provided. So, let’s stop wasting all of this city staff time…and let’s allow the public to know what’s happening with their government and communicated by their elected representatives.”

Smith responded via email the next day, providing the requested emails and included an explanation of why the emails between him and city council members could not be released.

“Dear Mr. Payton,

On June 16, 2021, the City of Antioch received a California Public Records Act (“CPRA”) requesting “copies of any emails/communications between yourself (Chief Brooks)/police department/Mayor Lamar Thorpe and Tamisha Torres-Walker regarding sideshows or rideout”. After further discussion, the City and was agreed that the scope of the request was to be limited to the time period of June 8, 2021 through June 22, 2021.

This letter is in response to your emails dated July 13, 2021 and July 14, 2021.  Attached please find a 10-page document responsive to the CPRA requests that the City has determined is disclosable. Please be advised that other identifiable records are exempt from disclosure because they either involve confidential communications that include the City Attorney and/or they involve confidential communications done at the direction of the City Attorney to accomplish the purpose for which the City Attorney was consulted and are exempt from disclosure.

Thomas Lloyd Smith

City Attorney”