Face six complaints; three APD personnel arrested Thursday now on unpaid leave
By Ted Asregadoo, PIO, Contra Costa District Attorney’s Office
Contra Costa District Attorney Diana Becton announced Friday, August 18, 2023, the filing of charges against five officers who engaged in a criminal conspiracy and accepted bribes for voiding the citations of friends while serving as sworn police officers for the Antioch and Pittsburg Police Departments.
“The charges set forth in these complaints allege offenses of public corruption,” said District Attorney Becton. “As District Attorney for Contra Costa County, my role is to seek justice and work on solutions to improve our communities. The legal action we’ve taken here today reflects that commitment.”
In all, six complaints were filed in Superior Court of California, County of Contra Costa. The alleged offenses center on fixing traffic violations of associates of sworn peace officers. The defendants are: former Antioch officer Timothy Manly Williams and current officers Calvin Prieto, Andrea Rodriguez and Ben Padilla and former Pittsburg officer Juan Ernesto Mejia-Orozco.
On March 22, 2022, state and federal investigators obtained search warrants for the cell phones of a number of officers. During a forensic analysis of the phones, investigators uncovered evidence of criminal wrongdoing, which culminated in conspiracy to obstruct justice and bribery.
Timothy Manly-Williams also faces a federal criminal indictment related to violations that arose out of a joint DA/FBI investigation.
In addition to the criminal conduct, a large trove of overtly racist, sexist, and homophobic text messages was uncovered. The conduct of the officers has compromised a number of cases and triggered scrutiny under the California Racial Justice Act (PC 745).
As previously reported, Manly-Williams, who is no longer with APD, and Mejia-Orozco, were indicted on Wednesday and arrested Thursday following the FBI investigation, along with two current and two former Antioch officers as well as one current Antioch community service officer and one current and two former Pittsburg officers.
In a Friday evening email, Acting Antioch City Manager Kwame Reed wrote, “All staff members that received federal indictment have been placed on unpaid administrative leave.” They include Officers Morteza Amiri and Eric Allen Rombough and Community Service Officer Samantha Genoveva Peterson.
Mission team member Bobbi Jennings shares about her experience during the trip to Niger, as photos of her and fellow team member, Elidia Bird, with the pilots in the cockpit of their flight home, and with people in Niamey showed on the screen behind her during the Welcome Home Service at Cornerstone Christian Center on Sunday, August 13, 2023. Photos by Allen D. Payton unless noted
“what do we do? I’ve never been in a coup before…So, our team got together and prayed and worshiped the Lord…Let’s skip the panic part and say ‘the Lord will rescue us’. And you guys came together here and prayed. Then we said, let’s get to work,” – Pastor Steve Miner
“somebody from the embassy said the airport has refused fuel. But make no mistake we are leaving on this plane, today.” – Maria Miner
“The Lord is faithful, and I knew he was going to get us home” – college student Madison Heyer
By Allen D. Payton
During a Welcome Home service Sunday morning, August 13, 2023, 10 of the 11 missionaries from Antioch’s Cornerstone Christian Center and School shared their experiences while stranded for a week in Niger, following a military coup that shut down the West African nation’s borders. The only one who wasn’t there for the reunion was the youngest team member, Madison Heyer, the daughter of Principal Logan Heyer, as she had already returned to college preparing for the fall semester. (See related articles here and here)
Pastor Steve Miner speaks during the Welcome Home Service on Sunday, Aug. 13, 2023. Video screenshot
Pastor Steve Miner Shares About Trip
“We went to put on a camp for 250 children in the Niamey region. Our theme for this camp was the Kingdom of God over the kingdom of darkness. We felt attacks from the kingdom of darkness from the minute we got to SFO,” Pastor Steve Miner shared Sunday morning about the challenges they experienced on the trip.
“That’s Thursday night,” he continued. “We get to Niger on Saturday and all 22 bags don’t make it. We called Turkish Airlines. Sunday night we get a call from the airport and all 22 bags were there. We get there and they won’t release the bags to us. It was a shakedown. They wanted some money from us. They shake us down for $200. It’s all we had.”
“Then we faced an African rainstorm. By this time, it was well into Monday morning,” Miner said. “But we put on a camp. It was wonderful. The second to last day we were told it was a coup de tat. I think we learned of it from people back here. I thought ‘what do we do? I’ve never been in a coup before’.”
“It was the last day, we were supposed to go on an excursion to see the hippos. We were to go to the Radison Hotel the nicest one in Niger,” he continued. “We learned that day we weren’t going anywhere, and we couldn’t go on the hippo ride.”
“For Americans being told not to go where we wanted to go” was difficult the pastor explained.
But they had the help of “a Christian General from the American Air Force, we had the head of security from Samaritan’s Purse who started to text me. It was such a blessing.”
“Our airline tickets meant nothing, now,” he stated. “The Holy Spirit put a verse in my heart. Psalm 31. It was David who wrote, ‘Praise be to God for he showed me his love while I was in a city under siege,” reading from Psalm 31:21-22. “David was in fear.”
“We forget the thing the Lord brought us through last week, last month,” Miner continued.
“Yet, you heard my cry for mercy,” he finished reading the Bible passage. “So, our team got together and prayed and worshiped the Lord.”
“Let’s skip the panic part and say the Lord will rescue us,” Miner stated. “And you guys came together here and prayed. Then we said, let’s get to work.”
“We got to put desks together. Fix desks. Sanded, primered. We washed walls,” he explained. “We were getting ready for a new school year.”
“We came back last Sunday. Praise the Lord,” Miner exclaimed.
The Cornerstone Christian Center and School mission team to Niger (L-R) Pastor Steve Miner, Maria Miner, Bobbi Jennings, Elidia Bird, Jennifer Bartoni, Jill Lawrence, Margret Rickli, Holly Heyer, Scott Wells and Nutce Castelluccio share during the Welcome Home Service on Sunday, August 13, 2023.
“Fox News who did the initial interview with us. They asked, ‘Would you do it, again?’ Everybody on the team said, ‘yeah, we’d do it again’. Because they understand what it means to be a disciple.”
“We are on mission here in Antioch. We have been sent,” he continued and saying “As the Father has sent me I am sending you,” quoting John 20:21.
“You feel the weight of people’s prayers lifting you up. You experience the presence of the Lord,” Miner stated.
“I wouldn’t trade living in the middle of a coup for anything. We get interviewed. It gives you a story to tell about God’s faithfulness,” the pastor continued.
“They said ‘yes, we’d go back’. And I said, “yes. We’re making disciples’,” he concluded.
Elidia Bird shares about her experience on the mission trip while photos of her and some of those in Niamey they went to serve showed on the big screen behind the team Sunday morning, Aug. 13, 2023.
Team Members Share of Their Experiences
Elidia Bird was the first to share saying “My biggest take away from this trip is the power of prayer…the partnership with God. The enemy was trying to stop us at the gate. But God had a plan.”
She then shared about a girl named Zarah (in photo) and that she wrote a letter to one of the girls.
“There’s no language barrier that can stop the Word of God,” Bird stated.
Nutce Castelluccio shares of his experience with the congregation as the team members look on and laugh.
“I wouldn’t want to be led by anyone else,” Nutce Castelluccio said of Pastor Steve and Maria Miner, when sharing of his experiences on the trip. “The kids. They were so joyful. When we worshiped, they’d be dancing and dancing.”
Pastor Steve’s wife, Maria Miner was next to share saying, “This is a faithfulness of God celebration.”
“I do know the reason this team was so amazing was we were supported by your prayers,” she continued.
She chose the Armor of God as the theme for the week. Maria read from Ephesians 6:10-18 which describes the parts of the armor and then said, “You will be proud to know that all of the children left that camp with that entire passage memorized.”
“I have never felt the schemes of the devil like I did in Niger, Africa,” she stated. “The final day we taught during the storm…all the power went out. There is a battle between the kingdom of God and the kingdom of darkness. Our weapons are invisible. I felt harassed by the enemy. When I felt weak…I reached out to people to pray with me. We would worship and pray and go do what the Lord had for us to do. We were not battling against flesh and blood.”
Maria Miner, Pastor Steve’s wife, shares about the theme of the Armor of God for the Vacation Bible School the team held while in Niger.
“We got to the airport. The airport was closed. There was one plane there, our plane,” Maria stated. “About four hours in somebody from the embassy said the airport has refused fuel. But make no mistake we are leaving on this plane, today. We may have to go to another country to get fueled. It was at that point I felt the Lord saying start praying.”
“Nine hours later we were on the plane and told to unbuckle…when we were refueling,” she continued. “Then they announced we have enough fuel to get to France.”
Jennifer Bartoni shared next saying, “We’re going back. I want to thank all of you guys for your prayers and support. My plan was to go to Mexico on a mission trip. But my passport didn’t come in on time. God had a plan for me to go to Niger.”
“I was scared. I reached out to God for strength,” she stated. “Before the trip I was afraid to fly, afraid to speak in front of people.”
Bartoni then quoted Philippians 4:13, “I can do all things through Him who strengthens me.”
“I asked God to help me face my fears. So, He did,” she stated.
When it was her turn to share Jill Lawrence said, “He knew this coup was coming. We didn’t.”
She spoke of facing health issues before they went.
“I sing on the worship team. Worship really speaks to my soul,” she stated.
“After the coup happened, I was asked to go share my testimony at a church there,” Lawrence continued. “We felt like the early church. We felt like we were in the Old Testament. We were tramping through the sand. The whole church, everyone was one accord. It was after the coup had happened. Had we left we would not have experienced it.”
“We were able to tune into our local church service and worship with you” while at a home in Niger, she shared with the congregation. “It’s that one accord. God’s got you in the palm of his hand. That was what was so life changing about this trip.”
Team member Margret Rickli shares as a photo of her and two of the students and of her cleaning one of the classrooms in Niamey, Niger shows on the screen behind the team.
Margret Rickli shared next, saying, “This is my second year to go on the trip. I know on mission trips I hear God a little bit clearer. This one morning I heard very clear ‘wait’.”
“I’m a planner. I make my plans. My plan was to be home that week and set up my classroom. I was thinking ‘wait’? The plan was to be home. God spoke to me and said my plans are what’s best. This weight came off my back.”
She spoke of cleaning and organizing the classrooms in Naimey.
“I would have never had that experience had I not been there,” Rickli stated.
“A group of girls came running up to me and I said those are my girls,” she continued. “My family was back here…sometimes at 3 and 4 in the morning I was on the phone with them.”
They set up her classroom back here.
“That’s one of the ways God showed me the waiting,” Rickli shared. “God was not just working in us, there he was working in you. I just needed to see, let go, let God. Be patient. I just thank Him for that opportunity, this year.”
Antioch missionaries Scott Wells with his daughter, Holly (left) and granddaughter Madison Heyer at the airport in Niger preparing to fly to France on Friday, Aug. 4, 2023. Photo courtesy of Logan Heyer.
Scott Wells, Holly Heyer’s father and Madison’s grandfather shared next saying, “What I learned is God can use you no matter how old you are.”
“We’re missing someone up here. Maddy’s back at college,” he continued. “My wife stayed home. Sheila (his other daughter who lives in southern California) came up and stayed with her.”
“We worked. We couldn’t go home. We prayed. We worshiped every morning,” Wells said. “We said, ‘OK, God. We’re here, what do you want us to do?’”
“I was a teacher, a principal for 41 years and that’s what we did,” he stated. “It was familiar to me to go to the school every day…and fix desks. We worked for the Lord.”
“Whatever you do, work at it with all your heart, as working for the Lord…for it is the Lord Christ you are serving,” Wells said quoting Colossians 3:23-24.
“It was a blessing to me just to help that school. We got to do a little part to help them for that school year coming up,” he added.
Holly Heyer, whose husband, Logan, is the principal of Cornerstone Christian School, and was on the trip with their daughter and Holly’s father shares about her experience as photos of her in Niger show on the screen.
Holly Heyer, Wells’ daughter and Madison’s mother shared last saying, “We were a trio. Dad, me and Madison. But this team is my family. We lived that way for a while.”
“Our bonus time we were there, as we called it…some of us were scared. I never felt more peaceful in my life,” she continued. “We’re here. We’re working together and we felt the peace of God. I know that was from your prayers, here.”
“We were just praying. People were in random, different rooms. If a song came up to somebody, we were just singing. Praying for the preschool kids because this is where they’re going to meet Jesus,” Heyer said. “It was a blessing for us just to be praying for the kids. They’re just the same people. They have a school, it’s just in Niger. I got to pray for them. I got to see some of the kids. They’re so precious. I wanted to bring them home with us.”
“Scraping gum for Jesus,” she said with a chuckle.
Bobbi Jennings shared about their trip home.
“We land in Washington DC. We’re all still together. Then the separation starts,” she stated. “We came as a team. We wanted to leave us a team. But that was not to be. It was hard. Steve and Maria were frantically trying to get flights for us. So, we went in four groups. I wanted to be with our team, with our family. It was on the last flight, that last plane in Texas we were able to be together.”
She and Elidia were together on the flight. They were able to get into the cockpit and take a photo with the pilots after sharing about their trip and photos.
“I said, ‘you know, you’re our final flight home. Can I pray over you?’ So, I prayed over our pilots,” Jennings said. “I said, ‘when I get home, I’m going to get down on the ground and kiss it’ and I did.”
“I give all the thanks and glory to God,” she added.
Pastor Steve closed out the sharing time and service saying, “I have to say thank you to you and to Hannah (Foster) and Logan (Heyer). I think they lost more sleep than we did.”
“We all had a part in this. My mom in Texas went to her Senator’s office,” he continued. “There’s nothing better than to be a part of the family of God. We had people back home working their tails off. I just want to thank you.”
“We are on a mission and Antioch needs us. And the Lord has placed us here for a reason,” Miner stated. “We’re going to be strong abroad. But we’re going to be really strong, here…where we live. We’re going to get after it.”
Madison Heyer (back row left in lavender shirt) and team in Niger. Madison (right) with her mother, Holly on the plane to France on Friday, Aug. 4, 2023. Photos courtesy of Logan Heyer
College Student Madison Heyer Shares About Her First International Trip
When reached for comment about her experience, Madison Heyer, a 2022 graduate of Cornerstone Christian High School said, “When everything went haywire with the coup, I was thinking, this is a bummer, I have to get home and get back to school. But I had to rethink and change my heart and determine what the Lord wanted me to do. I thought, ‘you have to go where the Lord wants you to go and do’.”
She’s a sophomore at California Baptist University and a Resident Assistant in one of the apartment complexes on campus which required her to return before school starts September 5th. Madison is studying elementary education, following in her grandfather’s, grandmother’s, dad’s, mom’s and older sisters’ footsteps who have all been or are currently educators. She’s also minoring in Christian Studies.
About her trip experience Madison said, “the whole time, I was really excited to go, it was VBS (Vacation Bible School) and something I wanted to do for my career. I was doing the most as possible since I was the kid. No one required me to. But I wanted to be as helpful as I could.”
“This was my first international trip and what a story,” she exclaimed.
“My first thought was disbelief. Especially with the missionaries (Pastor Neil and Dannette Childs) who are there,” Madison shared. “With the news, there, it isn’t always accurate. It was initial fear. Then lots of questions came to mind. How was I going to get back to school? Are we able to fly home? Can we finish Vacation Bible School?”
“I was thinking, I’m going to finish that VBS program, then decide what else to do,” she continued. “We rallied around with the team and prayed. Pastor Steve was really great. We didn’t let the kids know about the coup.”
They did finish the VBS and “we ended up deciding to help even more to get the school ready for when the school year starts in October,” Madison shared.
“I was helping out the same way (as the others on the team), cleaning the classrooms. What I did, specifically was scrape the gum off the floor,” she said with a laugh. “I did a lot of sweeping. I was happy to do it.”
“I was communicating with my boyfriend (who is a student at CBU) through Whatsapp, and he was kind of freaking out. So, he called the White House,” Madison shared with another laugh.
About the trip home she said, “That was one of the scariest points. We were in the airport, and we could see the plane. They said, ‘we don’t have any gas for this plane’. So, I was praying a lot about that. Then we got on the plane, and they said we have enough gas to get to France. That was such a relief.”
Asked about her future plans and what she wants to do with her degree Madison responded, “I’ll go on mission trips in the future. That’s what the Lord has called me to do. I have a strong call for missions. I want to teach overseas, probably teach missionaries’ kids. Teach children in different countries, especially about Jesus.”
“With my mom being there, that was a blessing. It was such a comfort. So was my grandpa. It was so exciting being there with her. It’s something my siblings didn’t get to do. She’s truly amazing,” Madison stated.
“The Lord is faithful, and I knew he was going to get us home,” she added.
Pastor Steve Thanks Senator, Congressman
Pastor Steve gets a hug from Principal Logan Heyer during the first church service after the trip on Sunday, August 6, 2023.
During the previous week’s service, Pastor Steve offered thanks to those who helped the team leave Niger and return home.
“First of all, I am so grateful to be part of such an incredible family. The support and efforts from people back home have been incredible. We would not be home today if it were not for their prayer and actions,” he said. “Hannah and Logan galvanized so many people into action including our government. If it wasn’t for our people making them aware there is no way they would know we were even there.”
“And I am grateful that Senator Feinstein’s and Rep. Garamendi’s offices listened and went into action,” the pastor continued. “When the State Department called me in Niger to tell me they were going to take our team, I thanked him and he said, ‘You can thank your congressmen and senator for this’. So, I am grateful that they truly did represent their constituents.”
“I hope everyone can experience the power of Jesus through a healthy church as we during this crisis. If everyone did we would have less coups in the world!” he added.
Current and former Antioch officers arrested on Thursday, August 17, 2023, are (top L-R) Community Service Officer Samantha Genoveva Peterson, Officers Morteza Amiri and Eric Allen Rombough and (bottom L-R) former officers Devon Christopher Wenger, Timothy Allen Manly Williams and Daniel James Harris. Photos: APD
Press conference held on arrests, indictments of 3 current, 3 former APD, 3 former Pittsburg and 1 Oakland Housing Authority cops; face up to 10 to 20 years in prison and $250,000 to $500,000 in fines
Three Antioch officers charged with civil rights crimes for their alleged conspiracy to use unnecessary force in deploying munitions and a police K-9
“This is a complicated investigation. These always are.” – U.S. Attorney Ismail Ramsey – “Every defendant is assumed innocent until proven guilty in a court of law. No defendant is charged with all the charges in all the conduct.”
By Allen D. Payton
U.S. Attorney for the Northern California District Ismail Ramsey in his first press conference in San Francisco and Special Agent in Charge of the FBI San Francisco Division Robert Tripp, shared information about the 10 current and former Antioch and Pittsburg Police officers who were arrested this morning on multiple charges. It follows the four indictments issued by the federal Grand Jury, yesterday and which were unsealed, today.
Joining Ramsey and Tripp at the press conference were Contra Chief Assistant District Attorney Simon O’Connell and several members of the prosecution team, Laura Vartain, Chief of the U.S. Department of Justice Northern California Special Prosecution Unit including Alethea Sargent, Assistant U.S. Attorney,Criminal Division, Eric ChengAssistant U.S. Attorney,Special Prosecutions, and Assistant U.S. Attorney Ajay Krishnamurthy.
Former Pittsburg Officer Amanda Carmella Theodosy (aka Nash), Ernesto Juan Mejia-Orozco and Patrick James Berhan were arrested on Thursday, Aug. 17, 2023. Photos: Pittsburg PD (A photo of Oakland Housing Authority officer Brauli Rodriguez Jalapa could not be located).
Indicted and arrested are current Antioch officers Morteza Amiri, Eric Allen Rombough and Community Service Officer Samantha Genoveva Peterson, former APD officers Daniel James Harris, Devon Christopher Wenger and Timothy Allen Manly Williams, as well as former Pittsburg officers Amanda Carmella Theodosy (aka Nash), Patrick James Berhan and Ernesto Juan Mejia-Orozco, and Oakland Housing Authority officer and Brauli Rodriguez Jalapa.
U.S. Attorney for Northern California Ismail Ramsey holds a press conference with and Special Agent in Charge of the FBI San Francisco Division Robert Tripp, (2nd from left), Assistant U.S. Attorney, Special Prosecutions Eric Cheng, Contra Chief Assistant District Attorney Simon O’Connell and Assistant U.S. Attorney Ajay Krishnamurthy. Screenshot of NBC Bay Area News video.
After a year-and-a-half investigation by the FBI and Contra Costa DA’s Office for what were referred to as “crimes of moral turpitude”, committed by the current and former officers were finally described. Ramsey said they include conspiracy to violate civil rights, conspiracy to commit wire fraud, distributing anabolic steroids, obstruction and civil rights violations.
“Every defendant is assumed innocent until proven guilty beyond a reasonable doubt in a court of law. No defendant is charged with all the charges in all the conduct,” he stated.
Ramsey then described the four indictments against the officers.
The first he labeled the “college degree benefits fraud indictment” in which “officers sought to defraud the Antioch and Pittsburg Police Departments. They hired people to attend classes and take exams for them. They conspired…to reap the financial benefits without putting in the work.”
“Two defendants are charged with distributing anabolic steroids,” Ramsey continued. “One of the two defendants destroyed evidence. Those are former Antioch officers Daniel Harris and Devon Wenger.
“One defendant is charged with obstruction indictment,” he continued. “A police officer destroyed, altered evidence to obstruct a federal investigation…monitored a wiretap. He used his own personal phone to call a defendant in the wiretap.” That refers to former Antioch officer Timothy Allen Manly Williams.
Ramsey said he is “Also charged with a civil rights violation in confiscating a citizen’s phone and destroying it to conceal evidence.”
The fourth he referred to as the “deprivations of rights indictment…a 29-page indictment of three officers in the Antioch Police Department.” They include the “improper deployment of canines and weapons to harm individuals in and around Antioch. They boasted about illegal use of force and texted photos of injured individuals,” Ramsey said. That indictment includes current officers Morteza Amiri, Eric Allen Rombough and Wenger.
He referred to them as “a group of officers who acted is if they were above the law. They tried to escape scrutiny by failing to submit truthful reports and deploy body warn cameras.”
Asked later about that claim since Antioch officers didn’t have body worn cameras during the time period of their alleged crimes, DOJ Nor Cal spokesman Abraham Simmons responded, “I am certain he is referencing the allegations actually in the indictments. I can look again at the indictments.”
“Officers take an oath,” Ramsey continued during the press conference. “The indictments paint a picture, today that demonstrate officers who have violated that oath.
“All officers indicted have been arrested,” he added and thanked those involved including CCDA Becton.
FBI Special Agent in Charge Tripp said, they “arrested nine subjects. All are or were associated with the Pittsburg or Antioch Police Departments. Three were current employees who had been placed on administrative leave.”
The arrests were made in “the Bay Area, Hawaii and Texas” and “more than 100 law enforcement employees participated,” he stated.
Tripp said it was the result of “more than two years of painstaking work.”
“The FBI treated these arrests like any other operation,” he said. “We used the same techniques and assessed the risks.
“This case has been the SF Field Office’s top priority,” Tripp continued. “We use the term color of law for the shorthand of someone using their official position to undermine public confidence in the law and undermine the fundamental rights of our citizens.”
“Color of law violations will not be tolerated. Not all indictments are color of law violations. Any breach of the public trust is unacceptable. Nobody is above the law,” he stated.
In response to a question from a member of the media “will more indictments be coming down,” Ramsey said, “The investigation is still continuing,” Ramsey said.
Asked “can we expect any state charges?” he said. “We’re here to comment on our charges. The investigation on the federal side is continuing. We are now at the point where we have indictments returned and individuals in custody.”
Asked where the court cases will be held Ramsey said, “This case is venued in Oakland. There have been numerous hearings today. The schedule for additional appearances is being worked out.”
Asked about those arrested in Texas and Hawaii Ramsey said, “The arraignments for those will happen in the districts where they were arrested. They then have to…be brought to here, to address the charges on this case.”
“Civil rights violations under the color of law are a priority…of my office and the FBI’s,” he stated
Asked about the text messages he responded, “As laid out in the indictment there’s a series of text messages…in which officers are bragging about violating citizens’ civil rights and texting photos of citizens. We believe these are egregious and has led to these charges. This is a complicated investigation. These always are. We have four of the ASA’s who worked tirelessly on this case. They’re prepared to take steps necessary to prosecute.”
“Civil rights violations are a unique priority of ours. I don’t want you to think steroid distribution or wire fraud are not serious. They’re federal violations,” Ramsey added.
Press Release Offers Additional Details in Indictments
A press release labeled “Bad Apples Indictment” was issued later Thursday with additional details about the indictments:
At the press conference, U.S. Attorney Ramsey referred to the first indictment as the “college degree benefits fraud indictment.” According to the indictment, six defendants engaged in a conspiracy to defraud police departments out of taxpayer dollars, including the Antioch and Pittsburg Police Departments, by claiming they had earned college credits toward degrees when, instead, they paid others to attend classes and take exams for them. Specifically, beginning in June of 2019, Officer Patrick James Berhan of the Pittsburg Police Department utilized a person identified as “Individual 1” to complete multiple college courses on his behalf. The courses were credited toward Berhan’s completion of a Bachelor of Science degree in Criminal Justice. Berhan allegedly received a degree and then applied for and received reimbursements and increases to his pay from Pittsburg Police Department. Further, the indictment alleges Berhan “promoted Individual 1’s services” and “benefited from payments received by Individual 1 in furtherance of the scheme.” The indictment describes how five other members of the police departments retained Individual 1 to complete similar coursework from the university. Each paid money to Individual 1, obtained a degree based on the fraudulent coursework, and applied for benefits including reimbursements and increases in pay from their law enforcement employer.
The second indictment charges two defendants with conspiring to distribute anabolic steroids. The indictment describes how Officers Daniel Harris and Devon Wenger, both of the Antioch Police Department, allegedly conspired illegally to distribute the drugs to an unnamed customer. The indictment also alleges that Harris possessed and attempted to possess the drugs, and that Wenger attempted to delete evidence of the scheme from his cellular phone prior to handing the phone over to law enforcement officers.
The third indictment charges a single defendant, Timothy Allen Manly Williams (Manly), also then with the Antioch Police Department, with three charges—two involving alleged interference with a wiretap investigation and the third involving the illegal seizure and destruction of a telephone. The indictment alleges that on March 23, 2021, Manly was assigned to a “wire room” where, pursuant to a court order, he was supposed to monitor communications between a target and others who contacted the target by telephone. While monitoring the target, Manly allegedly used his personal cellphone, dialed a special code to ensure his number would not appear to others, and called a target of the investigation. After dialing the number, Manly also designated his call to the target to be “non-pertinent” ensuring the 14-second conversation would not be recorded. Manly also allegedly made entries on the wire logs to suggest that the call he made resulted in no answer and no audio. The indictment further alleges that on May 6, 2021, Manly was on the scene when another officer deployed a police dog when arresting a person. Upon seeing a witness using a cellular telephone to record the aftermath of the incident, Manly allegedly seized the witness’s telephone and destroyed it.
The fourth indictment charges three Antioch police officers—Morteza Amiri, Eric Rombough, and Devon Wenger—with conspiracy against rights and deprivation of rights under color of law. The 29-page indictment describes how the defendants allegedly communicated with each other and others about using and intending to use excessive force against individuals in and around Antioch. The uses of excessive force included deployment of a K9, deployment of a 40mm “less lethal” launcher, and other unnecessary violence. Further, the indictment alleges that the defendants deployed uses of force as “punishment” to subjects “beyond any punishment appropriately imposed by the criminal justice system,” and allegedly made repeated reference to or suggestion of violating the civil rights of their victims. Examples in the indictment include the following:
On July 24, 2019, Amiri allegedly pulled over a bicyclist, identified as A.A., for failing to have lights on after dark. The indictment alleges that “[i]n the course of apprehending A.A., Amiri punched him multiple times; K9 Purcy then bit A.A. in the arm, injuring him.” Amiri then shared pictures of the victim’s wounds with other Antioch police officers who exchanged text messages including: “Yeah buddy good boy pursy,” “F[expletive] that turd,” and Amiri later stated “Detectives already called PRCS and got him a 45 day violation and we are gonna leave it at that so i don’t have to go to court for the bite. easy.” In response to a question from another officer about what cut the dog’s face, Amiri responded, “that’s a piece of the suspect’s flesh lol.”
On October 8, 2020, Amiri allegedly sent a text message identifying a transient living in Antioch identified as M.Z. stating “anyone that finds him gets code [a free meal or beverage]. This f[expletive] stole my mail and was trying to open accounts under my name.” Wenger responded “Lets beat his f[expletive] ass I’m down after work morty” According to the indictment, the recipients of Amiri’s message located M.Z. later that evening. Amiri then arrived on the scene, shoved M.Z. against a wall and threatened to kill him. The indictment also alleges that a few months later Amiri texted another group of officers in reference to M.Z., “few months ago, I tracked him down and dragged him to the back of a car to ‘discuss’ the matter,” and “putting a pistol in someone’s mouth and telling them to stop stealing isn’t illegal. . . it’s an act of public service to prevent further victims of crimes”
On May 5, 2021, Rombough accompanied other Antioch police officers who responded to a report that transients were living inside a privately-owned unit. While responding, Rombough and another officer located a couple lying on a bed inside a room. Rombough deployed a 40mm less lethal launcher at one of the persons on the bed, hitting them in the chest and knocking them off the bed.
On August 24, 2021, Rombough accompanied other Antioch police officers as they executed a search warrant at a residence in Antioch. Officers located a subject—identified as J.W.—inside a locked bedroom holding a video game controller while sitting on an air mattress, with a video game on a television screen. J.W. removed a pair of headphones and raised his hands as officers, including Rombough, entered the room. One officer took J.W.’s left arm to arrest him as four other officers surrounded J.W. As the other officer held J.W.’s left arm on the bed, Rombough deployed the 40mm less lethal launcher at J.W., injuring him.
The indictment describes several other incidents of excessive force as well as the collection and sharing of pictures to memorialize acts of violence and the collection by defendant Rombough of spent munitions to commemorate his deployment of the 40mm launcher.
An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt.
The indictments charge the following defendants with crimes as follows:
Source: U.S. Attorney’s Office Northern California District
In addition, as part of any sentence following conviction, the court may order defendants to serve an additional term of supervised release to begin after a prison term as well as additional fines, and restitution, if appropriate. Any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
The case is being prosecuted by the Special Prosecutions Section and Oakland Branch of the United States Attorney’s Office. The prosecution is the result of an investigation by the FBI and the Office of the District Attorney of Contra Costa County.
Judges’ calendars with schedules for upcoming court hearings can be viewed on the court’s website at www.cand.uscourts.gov.
“Police officers promise to enforce laws for the protection of the public and to protect the rights of the accused,” said U.S. Attorney Ramsey. “That is the job. The indictments describe officers who are alleged to have violated this oath. When this happens, the damage done to the public trust cannot easily be calculated. This office will not rest until all persons who have engaged in this sort of behavior are apprehended and prosecuted.”
“This case is one of the highest priorities for the San Francisco Field Office,” said FBI Special Agent in Charge Tripp. “Law enforcement officers bear a tremendous responsibility to police our communities lawfully in keeping with the constitution, and we must always be true to that guiding principle. I want to extend my sincere appreciation to the FBI agents, analysts, and law enforcement partners who worked tirelessly on this case and whose efforts culminated in the operations today.”
Antioch Police Officer Morteza Amiri on the day he was sworn in Nov. 27, 2017 (left) and more recently. Photos: APD
At least one arrest occurred at 5 a.m. waking neighbors
By Allen D. Payton
Mike Rains and his law office represents the Antioch Police Officers Association and one of the eight current or former officers indicted yesterday by the Federal Grand Jury in San Francisco and arrested, this morning. But he says the arrest and the way it occurred with the FBI raids on his client’s and the other officers’ homes was unnecessary.
In an NBC Bay Area news report earlier Thursday, “Rains said the FBI agents, including some from Southern California, used a flash bang and bullhorns during the “forcible arrest” of his client, adding the officer would have surrendered if asked.”
In addition, a neighbor of one of the officers posted a comment on Facebook writing, “One happened right in front of my house. Ring camera caught the whole thing. Needless to say we all woke up at 5 am today lol.”
When reached about the arrests and in response to which Antioch officer he represents Rains said, “Our office represents (Officer Morteza) Amiri, myself and Julia Fox. Amiri is named in two indictments. He clearly has the most counts.”
Asked why the arrests and raids instead of allowing the officers to turn themselves in Rains responded, “That’s all they needed to do. They’ve been in touch with us repeatedly. Assistant U.S. Attorney Eric Cheng and I have talked on the phone at least 10 times about other Antioch officers they wanted to testify at the Grand Jury. So, we knew they were running a grand jury. All the officers have been cooperating.”
“They know we’re responsible lawyers…we have control over Amiri,” his attorney continued. “While on administrative leave he’s been required to call in to the department every single day. There’s no way they had to do this showboating with flashbangs and the other nonsense they pulled today.”
Asked where his client was arrested Rains said, “Amiri was in California at home.”
Although, Special Agent in Charge of the FBI San Francisco Division Robert Tripp said during today’s press conference, “The FBI treated these arrests like any other operation. We used the same techniques and assessed the risks,” Rains disagreed.
“Of course, they didn’t need to do it. It was completely unnecessary and overblown,” the attorney reiterated. “They needed to do that? Give me a break. It was stupid.”
Amiri was hired by the Antioch Police Department in November 2017 as a lateral transfer from the Brentwood Police Department where he had three years of experience. He now faces multiple charges including one count of Conspiracy Against Rights, seven counts of Deprivation of Rights Under Color of Law, one count of Destruction, Alteration, and Falsification of Records in Federal Investigations, one count of Conspiracy to Commit Wire Fraud, six counts of Wire Fraud and a Forfeiture Allegation.
Amiri is still currently employed by APD and on paid administrative leave.
The officers are now being held in a federal detention center in Oakland, according to Rains, NBC Bay Area news reported.
District includes Antioch; will face Assemblyman Tim Grayson in March primary election
By Allen D. Payton
In her first year on the San Ramon City Council, Marisol Rubio announced Thursday, August 17, 2023 that she has officially launched her State Senate campaign to replace State Senator Steve Glazer who cannot run for reelection due to term limits. With the recent redistricting the Senate district is now Senate District 9. This is her second run for the State Senate. According to Ballotpedia, Rubio ran in 2020 to represent District 7 but lost to Glazer in the March primary.
The current district includes portions of Contra Costa County, including the cities of Antioch, Clayton, Concord, Lafayette, Martinez, Orinda, Pittsburg, Pleasant Hill, San Ramon, Walnut Creek, the towns of Danville and Moraga, and portions of Alameda County including San Leandro and the unincorporated communities of Ashland, Castro Valley, and San Lorenzo.
State Senate District 9 map. Source: Rubio campaign
A press release issued by her campaign reads as follows:
In November of 2022, Marisol was elected to the San Ramon City Council District 4 with over 64% of the vote. She previously served as Director and Vice President of the Dublin San Ramon Services District (DSRSD). Marisol is a 100% Pro-Choice Democrat with a strong record of fighting to protect our environment.
She is also a Founding Advisory Board Member of a nonprofit that advocates for women’s reproductive health education and treatment, as well as a fund that advances policies to protect individuals with intellectual and developmental disabilities.
“I am a results-oriented, proven leader that will bring to the California Senate a strong, much-needed progressive voice with knowledge and lived experience in public health, social justice, the environment, and education,” said Marisol.
Marisol is the proud parent of a childhood brain cancer survivor who has lived with lifelong disabilities. She worked closely with her daughter for over two decades to ensure that she had quality health care and a strong education. As a result, her daughter is a long-term survivor and student in college double majoring in Psychology and Spanish.
More on Marisol
Rubio received her Bachelor of Arts degree from the University of California at Berkeley with a major in Molecular and Cell Biology, Neurobiology emphasis, where she was the recipient of the Philanthropic Educational Organization (P.E.O.) Women’s Leadership Scholarship Award, and a member of the Biology Scholars Programs. She is a former bilingual science teacher and original research mentor.
She has applied her science background and personal experience to work for the benefit of our community, including:
Protecting our water quality and supply at DSRSD as Vice Chair, then Chair of DSRSD-EBMUD Recycled Water Authority (DERWA) and as a liaison for Zone 7, Central Contra Costa Sanitary District, and the City of San Ramon.
Supporting the health and fair employment practices, benefits, and wages for home care providers. Championing environmental efforts as an Executive Committee Board Member at Sierra Club California and the San Francisco Bay Chapter.
Implementing Just Transition as the Environmental Co-Chair of a joint pilot Labor-Climate Task Force
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According to her Facebook page, Rubio is also Co-Chair of the Justice, Equity, Diversity and Inclusion Committee for the California Democratic Party.
12. What is your day job, and how will that prepare you to serve on the council?
I am a Home Care Provider, Translator, and Learning Coach. COVID impacted the latter position. I have also worked in a variety of positions as a K-5 Bilingual Science Teacher, Original Research Mentor, Health Promotion Officer, and Student Disability Advisor. Collectively, I have in-depth understanding of the needs of our children and our most often overlooked members within our community – people with disabilities and the elderly. I also have a deep understanding about human health, psychology, and the environment based on my academic, volunteer, and professional background.
13. What experience do you have serving the community?
CURRENT ELECTED & VOLUNTEER WORK
• Vice President, Elected Division 1 Director, Dublin San Ramon Services District
• Chair, DSRSD-EBMUD Recycled Water Authority (DERWA)
• San Ramon Government 101 Academy
• President, Diablo Valley Democratic Club
• Elected San Francisco Bay Chapter Executive Committee At-Large Member, Sierra Club
• National and State Leadership Council Member, Elected Officials to Protect America
o EOPA connects elected officials to bring about strong environmental policy.
• Co-Chair, Contra Costa Labor Council Labor – Climate Task Force
o A collaboration between the Contra Costa Labor Council and various Bay Area environmental organizations to identify points of intersectionality in order to lay the groundwork for Just Transition.
• Director of Government Relations, San Francisco Bay Hispanic Chamber of Commerce
o Bringing government, community, and commerce together across the Bay Area.
• Founding Executive Board Member, The Natalie Project
o Fund advocacy group for individuals with developmental and intellectual disabilities.
o Nonprofit based in Danville that advocates for reproductive health education.
• Co-Chair, Justice, Equity, Diversity, & Inclusion Committee, California Democratic Party
• Co-Chair, Rules Committee, Contra Costa County Central Committee
• Elected Assembly District 16 Delegate
• SEIU 2015 Delegate, Contra Costa Labor Council
PAST VOLUNTEER WORK
• Elected Tri-Valley Group Executive Committee Member, Sierra Club
• Organizational and Operations Manager & Government Outreach, United Latino Voices
• Issues Committee Co-Chair, Contra Costa County Central Committee
• Ad Hoc Educational Committee Co-Chair, Contra Costa County Central Committee
• Educational Committee, California Democratic Party Disability Caucus
• Patient- & Family-Centered Care, Guest Lecturer, Samuel Merritt University FACES Summer Medical Academy • Pediatric Oncology Clinic Volunteer, Lurie Children’s Hospital of Chicago
14. Of which accomplishments are you most proud?
Getting my education in Molecular and Cell Biology with an emphasis in Neurobiology and, in turn, using that knowledge to help my daughter overcome her learning disabilities and, ultimately, attend college and pursue her dreams.
15. What is your education?
• A.A., German, French, Italian at Diablo Valley College (4.0 GPA)
• Recipient of the President’s Scholar Award, American Mathematical Association of Two- Year Colleges (AMATYC) Honorable Mention Award (Top 10% Nationally), and Phi Theta Kappa Honors Society at Oakton Community College.
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According to her LinkedIn page, she currently serves as the Council Liaison to the Association of Bay Area Governments (ABAG), Dublin San Ramon Services District (DSRSD), Arts Advisory Committee, Economic Development Advisory Committee, Teen Council, Arts Foundation, Housing Advisory Committee, Tri-Valley Water and East Bay Municipal Utility District (EBMUD) & Water Issues.
Since her election last November, Rubio’s role with the Sierra Club expanded as a member of the Sierra Club’s California Executive Board and since January a member of the organization’s Summit Committee. Also, since January Rubio has been a member of the Council of Club Leaders for the Sierra Club, San Francisco Bay Chapter.
Her campaign website provides more details about the two foundations she helped start, including Founding Executive Advisory Board Member for The Natalie Project: Fund advocacy group for individuals with developmental and intellectual disabilities. In addition, it shows she is a Founding Executive Board Member for FemTruth Youth™: Nonprofit based in Danville that advocates for reproductive health education. According to CharityNavigator.org, the organization’s mission is “Representing an inclusive, grassroots coalition of youth, patient advocates and supporters at the intersection of womxn’s health, mental health, adverse childhood experiences and education; and reimagining inclusive new policy and standards for wellness.”
Rubio will face Assemblyman Tim Grayson who announced his campaign for the State Senate seat earlier this month in the primary election next March.
Her campaign website shows a slogan of “Putting Families and Communities First” but does not provide what her platform is, explaining the issues she will focus on if elected. Rubio and her campaign consultant were asked what those are.
“There will be more to add. This is just the announcement,” Andrew Acosta of Acosta Consulting responded. But she did not.
“…disheartening and undermines the incredible work our staff does on a daily basis.”
“No individual – including a police officer – is above the law.”– Acting Chief Joe Vigil
Acting Antioch Police Chief Joe Vigil. Photo: City of Antioch
August 17, 2023 – Antioch, California – Acting Chief of Police Joe Vigil released the following statement regarding the arrest of current and former APD Officers as announced by the United States Attorney today in San Francisco (See related article):
“Today’s announcement reporting the arrest of current and former APD officers is disheartening and undermines the incredible work our staff does on a daily basis. Any police officer who breaks public trust must be held accountable, especially because our effectiveness relies heavily on confidence and support from our community.
I would like to thank the Federal Bureau of Investigation, Contra Costa District Attorney’s Office, California Department of Justice, and United States Attorney’s Office for their diligence in this investigation. From the beginning of this investigation, our administration has been fully cooperating with these agencies, and will continue to do so. No individual – including a police officer – is above the law.
We are precluded from making any further statements on this matter out of concern for the ongoing criminal and internal investigations.”
According to U.S. Attorney for the Northern California District Ismail Ramsey, 10 current or former officers were arrested today in California, Texas and Hawaii, including one current and two former Pittsburg Police officers, one Oakland Housing Authority officer and six officers from Antioch, three of whom are no longer with the department. They include Timothy Allen Manly Williams, as previously reported and according to APD spokesman Lt. Michael Mellone, Daniel Harris and Devon Wenger are also no longer employed by the department.
