CHP: Antioch Mayor Thorpe under investigation by DA’s office for DUI, possibly weaving when stopped

DA won’t allow CHP to release arrest report showing Blood Alcohol Concentration level, probable cause for stop; Thorpe refuses to answer questions about incident, prior activity on Friday

By Allen D. Payton

A Public Records Act (PRA) request to the CHP was submitted Monday afternoon March 21, for the report of Antioch Mayor Lamar Thorpe’s arrest for DUI, early Saturday morning, March 19, showing his Blood Alcohol Concentration level at the time, and for the probable cause the officer had for pulling him over. CHP Golden Gate Division Public Information Officer Andrew Barclay was also asked if Thorpe was swerving, driving too fast or too slow. In response Barclay wrote, “I believe he was stopped for weaving.” In addition, copies of the officer’s car dash and body cam videos were requested. (See related article)

However, Barclay said the Contra Costa District Attorney won’t allow the CHP to release any additional information on Thorpe’s arrest because the incident was under investigation by the DA’s office.

In a formal response letter to the PRA request on Tuesday, March 29, CHP Golden Gate Division Chief C.C. Costigan wrote, “these records are being withheld pursuant to Government Code section 6254(f).” That section does not require the disclosure of records of investigations conducted by state or local law enforcement agencies. In addition, regarding release of audio and video recordings of an incident Section 6254(f)(4)(A)(ii) reads, “up to one year from that date, the agency may continue to delay disclosure of a recording if the agency demonstrates that disclosure would substantially interfere with the investigation.”  CHP PRA Response Letter 032922

Barclay suggested the Herald “resubmit a subsequent PRA for both the report and dash cam footage once the DA’s office has concluded their investigation.”

Questions for Thorpe Go Unanswered

Because people are questioning his claim in the video apology in which he said “the drink” meaning he had only one alcoholic beverage that night, he was asked the following additional questions Monday, March 21: “Did you have more than one drink that night? With whom did you have dinner and a drink Friday night/Saturday morning? Is that friend willing to corroborate your claim of you only having one alcoholic beverage?

Where did you eat dinner and have a drink? Will the server or bartender corroborate your story?

How long were you at the establishment? Did you go to more than one restaurant or bar that night? Did you or the person you had dinner with pay with cash or by credit/debit card? Did either one of you keep the receipt(s) from your dinner and drink?

Are you willing to provide copies of the receipt(s) for the public to see to support your claim of only having one drink? At what time do you remember having the drink and finishing it?”

Additional questions were sent to Thorpe Tuesday morning, March 29 asking, “Did you consume any alcoholic beverages at those or any restaurants or bars, either in Antioch or anywhere else on Friday, prior to leaving Antioch and East County and arriving at the location where you claim you had dinner with a friend and ‘the drink’?

What was your Blood Alcohol Content that the CHP measured in your chemical test they administered? Who drove you home from the CHP office in Martinez? Were you still inebriated at that time? Have you ever been stopped before for driving under the influence? Have you ever claimed to be inebriated at the time you were accused of another crime? Have you ever sought drug or alcohol abuse counseling?”

Thorpe did not respond as of Tuesday, March 29 at 4:30 PM.

Please check back later for his answers and any other updates to this report.

the attachments to this post:

Lamar Thorpe CHP DUI CCCDA

CHP PRA Response Letter 032922
CHP PRA Response Letter 032922

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