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Ebbs’ last day is July 14, will leave City without manager, assistant manager, community development director

By Allen D. Payton

Acting Antioch City Manager Forrest Ebbs announced to the city council and staff, on Thursday, June 14, 2023, that he will be leaving for a new position with the City of Modesto as a Deputy City Manager. His last day will be July 14. With the expected departure of City Manager Con Johnson who has been on paid leave since middle of March, following council’s direction to the city attorney during their closed session this past Tuesday night, that will leave Antioch without a city manager, assistant manager and community development director, which Ebbs retained as his official title during the brief time as acting city manager.

It has been “a little over eight years as Community Development Director,” Ebbs said when reached for comment.

Asked about the accomplishments during his time in the position he spoke of the three divisions in the department saying, “the Building Division has grown to be more appropriate for a city of our size. We have gone to an online submittal process for building permits. We just launched it.”

“In Planning, we’ve created many new opportunities for housing and ways to revitalize commercial corridors,” Forbes shared. He oversaw the entitlement process of all projects in the new home Sand Creek Focus Area, except for Kaiser during his tenure.

“In Code Enforcement we’ve grown from four budgeted positions to 18 to better serve the community,” he added.

Asked about how long he’d been considering a new position, Ebbs said, “Throughout my career I’ve looked for opportunities to try out new challenges. But this is something I’ve been pursuing for a couple years.”

Asked if the current acting position helped prepare him for his new one Ebbs replied, “I’ve learned a lot in the last three months and I’m appreciative of the council for having the confidence allowing me to do that.”

He will be one of two deputy city managers for the city with a population of a little over 200,000. Modesto’s official motto, which can be seen on an archway sign at the intersection of 9th and I Streets is “Water, Wealth, Contentment, Health”.

Asked when he started the process with Modesto, Ebbs said, “It’s been a typical recruitment process. I applied to them a couple months ago. It was a competitive national recruitment.”

Asked about his replacement in Antioch he shared, “The city council will make a decision on the acting city manager in the next couple weeks. I will be presenting some names to them and they will ultimately make the decision of how they want to proceed with an acting city manager.”

Asked about an acting Community Development Director he said, “I’ll be looking internally to backfill that position. The reality is the department staff have stepped up so it’s not going to be much of a transition.”

Ebbs is married with three children – the oldest is 19 and a freshman in college, another, age 16 is in high school and a 12-year-old in middle school.

“It was a family decision,” he shared.

They live in Lodi so his commute will be shorter.

“It’s the same distance but it’s a quicker drive,” Ebbs added.

Hired in June 2019, Matthew Nutt was terminated this year; APD provides body cam footage

By Lt. Michael Mellone, Community Engagement, Antioch Police Department

As has been previously reported, former Antioch Police Officer Matthew Nutt was terminated from his employment as the result of an internal investigation into his use of force against an individual during a traffic stop on July 1, 2022. During the incident, Mr. Nutt learned the driver of a vehicle stopped for not displaying license plates had an outstanding felony warrant for shooting at an inhabited dwelling or occupied vehicle and conspiracy. Upon placing the individual under arrest, he refused to sit in the back of a police vehicle and displayed physical resistance. Mr. Nutt used force against the arrestee, consisting of a series of punches and kicks, along with knee and elbow strikes.

Mr. Nutt’s application of force triggered an automatic review of his body-worn camera footage. The reviewing supervisor had concerns about what was depicted in the video and believed Mr. Nutt may have violated Antioch Police policies governing use of force. The supervisor communicated his concerns through official channels, and an internal review was initiated. Mr. Nutt was placed into an assignment with no direct public contact.

After a thorough investigation, Mr. Nutt was sustained on four (4) use of force policy violations, including using unreasonable force, failure to de-escalate, and failure to use alternative tactics. Chief Steven Ford reviewed the findings of the investigation and terminated Mr. Nutt from his employment with the Antioch Police Department on April 21, 2023.

Members of the Antioch Police Department Professional Standards Unit initiated a criminal investigation into the matter and presented their findings to the Contra Costa County District Attorney’s Office. On June 13, 2023, the Contra Costa County District Attorney’s Office charged Mr. Nutt with one misdemeanor count of assault by a public officer.

Chief Steven A. Ford released the following statement regarding this incident:

“Police officers are entrusted with the authority to use reasonable force to protect the public and themselves in the lawful performance of their duties. This requires close supervision and evaluation to maintain public legitimacy and preserve the sanctity of human life. The Antioch Police Department is committed to accountability and full transparency – my hope is our community will see the actions of our personnel to investigate and bring this matter to my attention as an expression of their commitment to accountability and the core tenets of their oath. This unfortunate incident is not reflective of the women and men who serve our community – please join me in continuing to offer our support of their hard work.”

Mr. Nutt was hired in June 2019 and employed with the Antioch Police Department for four years and had two years of prior experience with the Los Angeles Police Department. (See related article)

In the interest of transparency – and in accordance with State Law – we are releasing the following documents and evidence:

(WARNING – violence and profanity)

Internal Investigation Report – https://antioch.nextrequest.com/documents/21707013

Former Officer Nutt Body Cam Video #1

Former Officer Nutt Body Cam Video #2 (labeled #6)

Officer Dustin Dibble Body Cam Video (labeled #4) – this video shows Nutt punching and kicking the detainee. (See 1:00 minute mark)

Sergeant Josh Evans Body Cam Video (labeled #5)

Redactions have been made to these items in accordance with State Laws governing release of certain privileged and/or protected information.

The Antioch Police Department trains officers and has several policies on use of force, de-escalation, and alternative tactics, which can be reviewed on our transparency website:

SB 978Policy Manual / Training Materials

The Antioch Police Department recently joined a Trust Building Campaign https://www.theiacp.org/iacp-trust-building-campaign with 25-key policy enhancements we have pledged to implement within a 36-month period. We have also begun a process to seek accreditation of our Police Department and Dispatch Center, which includes regular audits of our policies and practices by an internationally recognized organization.

By Allen D. Payton

During their Tuesday, June 13, 2023, meeting, the Antioch City Council re-approved the revised tobacco product sales ordinance on a 3-2 vote and a rental registry with a future tax on landlords to pay for it on a 4-1 vote. With 12 items on the agenda and 19 items on the Consent Calendar, the meeting lasted until almost midnight violating the direction the council majority said they wanted to go at last Tuesday’s special meeting during discussion of the agenda items.

Re-Approve Revised Tobacco Products Sales Ordinance

On an expected 3-2 vote, with Mayor Lamar Thorpe and District 4 Councilwoman Monica Wilson voting against, the council majority re-approved the revision to the tobacco products sales ordinance which contains the following:

1. The terminology and definitions of flavored tobacco were amended to better align with State terms and definitions.

2. The prohibition on package size and price was eliminated. The prior language restricted the sale of small cigars (cigarillos) to minimum packs of 20, large cigars to minimum packs of 10, and required a minimum sales price for cigarettes of $10.

During the second reading of the ordinance, Mayor Pro Tem Tamisha Torres-Walker and Thorpe were absent. Instead of postponing the item, the remaining three council members voted 2-1 with Wilson voting no, as she had done during the vote on the first reading, requiring the item be brought back for a first vote, again. Although it was approved, the item must be brought back for a vote on the second reading at the next council meeting.

Approves Rental Registry with Future Tax on Landlords

The council also approved on another split vote the creation of a Rental Registry with a future Rent Program fee, or tax on landlords to pay for it.

According to the city staff report, the Rent Stabilization Ordinance (RSO) currently requires the establishment of a registry of regulated units. This ordinance will have a marginal fiscal impact in expanding application of the registry program, which would be funded through a Rent Program fee if adopted at a future date.

Staff determined that it would be prudent to require registration of all residential rental units in the City rather than only apartment complexes. If the City Council adopts additional tenant protections, such as just cause eviction, those protections would likely apply to a wider scope of rental units. Registration of such additional units would aid in the administration of the additional protection policies. A Citywide program would also allow the registration component to be a requirement for a complete application rather than an opt-in system.

The Proposed Ordinance would authorize a consolidated Citywide registration program to clarify and establish the authority of the Finance Department to administer the Rental Unit Registry and collect tenant program fees. It would also authorize the Rent Program and Finance Department to utilize an alternative means of registering rental units on properties containing five or more units.”

One of the speakers said she wants the system to also track evictions.

District 3 Councilwoman Lori Ogorchock moved approval and Torres-Walker seconded the motion.

Barbanica asked, “what information on this registry do you plan to include and

“The business license fee registers the owner at the property,” said Assistant City Attorney Rachel Hundley. “You get to know the units but you don’t get to know the details….more specific information such as the deeds…inspection violations.”

“So, you’re looking to really pry into those property owners’ personal business?” he asked.

“No,” she responded.

The motion then passed 4-1 with Barbanica, who is a real estate broker and property manager, voting against.

Later approves flying “Progress Pride” flag for remainder of the year on split vote

Direction given to city attorney on City Manager Con Johnson but no details provided

Thorpe explains process for placing council member requested items on meeting agendas

By Allen D. Payton

During their meeting on Tuesday, June 13, 2023, the Antioch City Council approved flying the “Progress Pride” flag at City Hall for the remainder of the year as they did last year for eight months and re-approve the revised tobacco products sales ordinance.

At the beginning of the regular City Attorney Thomas L. Smith reported out of closed session regarding City Manager Con Johnson that direction was given to the city attorney. No other details were provided. Johnson has been on paid administrative leave since March 17.

The council on a 4-0 vote, with Mayor Lamar Thorpe absent at roll call, approved a proclamation commemorating Juneteenth, June 19 as Freedom Day and the nation’s second Independence Day and recognizing June as “Pride” Month in the City of Antioch for the “lesbian, gay, bisexual, transgender and queer (LGBTQ+) community”. The resolution was received by a self-described trans woman named Brittany, who said he has lived in Antioch his entire life, called for a gay parade in Antioch and asked the city council to also fly the transgender flag.

The resolution included the flying of the “Pride” rainbow flag at City Hall during the remainder of the month. Last year the council on a 3-2 vote with Councilmembers Mike Barbanica and Lori Ogorchock voting no, approved flying the “Intersex, Progress Pride” flag at City Hall for eight months.

Mayor Pro Tem Tamisha Torres-Walker chaired Tuesday night’s meeting until Thorpe’s arrival and displayed small “Pride” and “Transgender Pride” flags on the dais between her and Barbanica. (A report on today.com describes 17 different “Pride” flags but it does not include the “Intersex Progress Pride” flag which adds a circle inside the triangle on the left side of the “Progress Pride” flag.)

The council took a break at 7:15 p.m. to raise the “Pride” rainbow flag on the pole outside the Council Chambers. But that occurred three hours before the council discussed and voted on Item P on the Consent Calendar “to fly the Rainbow Pride Flag at City Hall throughout the month of June 2023 in recognition of Lesbian, Gay, Bisexual, Transgender, Questioning Community Pride Month in the City of Antioch” at about 10:15 p.m.

Torres-Walker made a motion to fly the “Progress Pride” flag instead and for the remainder of the year, again.

“We did this last year,” Thorpe said in support. “Given what’s happening in our country including some cities in our state…I think we need to keep leading on this issue.”

“I tolerate dogs,” he said in response to a public comment by a resident. “What we’re talking about here are human beings. We need to be accepting of our fellow human beings, not tolerant.”

The motion passed 4-1 with Ogorchock voting against.

Thorpe Reviews, Explains Placing Council Member Requested Items on Meeting Agendas

Thorpe was absent at the beginning of the meeting because he said he’s taking a certificate in government course on Tuesdays at 7 p.m. He arrived at about 7:45 p.m. During the Mayor’s Comments, in response to last week’s special meeting discussion and direction by his fellow council members, he explained and reviewed the six-month list of agenda items requested by other council members saying he doesn’t determine when they’re brought back and that it’s a staff decision. (See related article)

“A public hearing requires a two-week notification,” he said. “So, if we had brought it back at the last meeting, we would have been breaking the law.”

“I don’t manage the city. The city manager manages the city. The city attorney manages some of these projects, here. I don’t manage that. They come up with the timeframes,” Thorpe added.

He mentioned 87 city staff vacancies and said, “I’ve been considered of staff needs.”

“There’s about 20 items, here and we’re working on a lot of these,” Thorpe continued. “At the next special council meeting we’ll discuss them in a round robin format.”

“This is what I inherited. If people want to change the process, I’m open,” he added.

The council then received a presentation on a Budget, Staffing and Timeline for the City’s rent program and additional tenant protection policies.

Stop by during the Rivertown Father’s Day Car Show Sunday, June 18

35 officers currently on administrative leave

By Allen D. Payton

In a statement posted on his campaign website and shared on his official social media pages on Monday, June 12, 2023, Antioch Mayor Lamar Thorpe commented on the fatal shooting on Sunday morning that took the life of an 18-year-old female and wounded six others who were attending a birthday party. (See related article)

In it, he called for “the officers involved in the racist text-messaging scandal” to be fired immediately but Thorpe wouldn’t say how many officers that entails. Following is the post of his statement:

Statement by Mayor Lamar Thorpe Re. Mass Shooting

Antioch, CA- On June 6, 2023, Mayor Thorpe issued the following statement regarding the mass shooting in Antioch:

“Birthdays are one of the most intimate and sacred celebrations in everyone’s life. They represent growth, reflection, and appreciation for life’s gifts. Over the weekend one such celebration was cut short as a result of gun violence.

An 18-year-old young lady lost her life and 6 others were injured. My heart is with the victims and families of this horrific incident.

Across the US, there have been at least 290 mass shootings so far this year. I’m saddened to report that Antioch joins the growing list of cities that have experienced mass shootings in 2023.

Earlier this morning, I was briefed by Chief Steve Ford about this weekend’s incident. During my briefing, I reiterated to the Chief that the officers involved in the racist text-messaging scandal (who are currently on administrative leave) need to be fired immediately so we can free up those positions and hire new police officers directly from the academy.

Each day these officers are on leave is another day we are prevented from having a stronger police presence on our streets to deter and/or respond to gun violence.”

As of Tuesday afternoon, the date of his post is still incorrect as are the spelling of “Antioch” and “Bay Area” in the tags at the end.

Thorpe was asked via email Monday afternoon which of the officers in the text scandal does he want Chief Ford to immediately terminate. “All 45 of them Including those who received but did not respond to the offensive texts from some of the officers? Or just the officers who sent the texts?” He was also asked how many officers are currently on administrative leave during the investigation of the scandal. Thorpe did not respond.

When asked how many officers are on paid leave due to the text scandal, Antioch Police spokesman Corporal Price Kendall shared there are 115 authorized sworn officers, with 98 currently on staff. Of those 35 are on administrative leave total, but he would not specify what type, leaving 49 officers on full duty with 31 on patrol.

Regarding Thorpe’s call for the terminations Kendall added, “The Antioch Police Department is not handling the investigation. We have been recused from the investigation by the City Attorney. The City Attorney is handling the investigation. Chief Ford cannot make any decisions regarding those involved until the City Attorney completes his investigation. The mayor knows this.”

Also shot her husband over domestic relationship; bail set at $35 million

By Lt. John Fortner, Antioch Police Investigations Bureau

As previously reported, on May 25, 2023, at approximately 8:45 PM, the Antioch Police Department Dispatch Center started receiving numerous 9-1-1 calls reporting multiple gunshots being fired at the 4400 block of Delta Fair Boulevard.

As officers were responding, witnesses called to report two victims were down on the ground and yelling for help. When officers arrived at the scene, they located two victims outside. One male victim was suffering from at least two gunshot wounds to his legs, and one female victim was suffering from what appeared to be two gunshot wounds to the head. Evidence at the scene indicated the incident occurred outdoors in front of several residences. Officers immediately began administering first aid and called for fire department and AMR paramedics. The male victim was transported to a local area hospital, and the female victim ultimately succumbed to her injuries at the scene.

Prior to police arrival, the suspect fled the area in a vehicle and has not been contacted by police. Antioch Police Department’s Investigations Bureau responded to the scene and took over the investigation. During the initial investigative response to this shooting homicide, detectives with the Violent Crimes Unit developed information that the suspect was in a domestic relationship with the 39-year-old victim.

Detectives learned that earlier in the day, the suspect traveled to the victim’s residence and became involved in an altercation with both victims. During that altercation, the suspect fired several shots at a 43-year-old male resident, striking him twice. The male victim was later determined to be the homicide victim’s husband. Afterwards, the suspect turned the gun on the female victim and shot her in the head and upper back. The suspect fled from the scene and was not contacted that evening.

During the course of the investigation, and from evidence at the scene processed by the Forensic Services Division (of the Contra Costa County Sheriff’s Office), the suspect was identified as 46-year-old Brian Yacopetti of Antioch, a subject on parole for assault.

On May 30, 2023, detectives with the Special Investigations Unit teamed with the United States Marshals Service to locate Yacopetti, and safety take him into custody, in the City of Brentwood. Yacopetti was transported and booked into the Martinez Detention Facility.

On Wednesday, June 7, 2023, lead detectives with the Violent Crimes Unit presented the case to the District Attorney’s Office. After reviewing the case, the District Attorney’s Office filed charges against Yacopetti for Murder, Attempted Murder, Violent Felon in Possession of a Firearm, and several criminal sentence enhancements. Bail was set at $35 million dollars.

The Antioch Police Department would like to thank the community for their cooperation, and the Contra Costa County Forensic Services Division, and US Marshals Service for their assistance.