By Allen D. Payton

Before the city council heard public comments about and discussed a ban or moratorium on more gas stations and additional fossil fuel dispensers at current gas stations in Antioch, City Attorney Thomas L. Smith explained it would require a General Plan amendment. It would then be sent to the Planning Commission for a recommendation before a council vote, he added.

City Clerk Ellie Householder then announced District 1 Councilmember Tamisha Torres-Walker had to leave the meeting at 9:53 p.m. With her absence, the council stalemated with two in favor, Mayor Pro Tem and District 4 Councilwoman Monica Wilson and Mayor Lamar Hernandez-Thorpe, and two opposed, District 2 Councilman Mike Barbanica and District 3 Councilwoman Lori Ogorchock.

Public Comments

During public comments on the agenda item, a woman who said her name was O.G. Stargatz (spelling?) who said she was a volunteer with 350 Contra Costa spoke in favor of the moratorium saying, “I’m here to offer our full support.” The Pinole City Council passed an urgency moratorium ordinance last month, she shared.

“I don’t think we need more gas stations in our city,” said resident Devin Williams. “I don’t think we’ll be around in another 40 years if we keep going at this rate with the climate.”

A resident named Lou spoke about the mayor’s pledge towards a fossil-fuel free Antioch government and said the gas station moratorium dovetails in with it. He then quoted a sentence from the mayor’s press release about his pledge published in the Herald, that, “The average global temperature on Earth has irreversibly risen by at least 1.9 degrees Fahrenheit since 1880, with most of this increase occurring since 1975” as an argument in support of the ban.

Frank Sterling also spoke in favor of the proposed moratorium.

Nicole Errington said, “I like hybrids. Hybrids are great. No, we don’t need any more gas stations. My biggest concern is benzene as a cancer survivor.”

Resident Harry Thurston said, “I see many more gas stations. Our city doesn’t look very good with them. I’d like to see them go away or reduced.”

Wilson was the first council member to speak as she made the proposal. She said, “I feel I need to advocate for a healthy community. Climate change is real. We’re talking about the 24 gas stations in our city. We need to end our reliance on fossil fuels. I’m in the process of converting to a hybrid car or electric car. I relooked at our Climate Action Plan which was done in 2020…we do state we need to prepare for Climate Change.”

“I really want to see a ban on the development of new gas stations…and a ban on more pumps at our existing 24 gas stations,” she continued. “We really need to start thinking about the future and be proactive. This is one step toward how we can be sustainable. Going green isn’t sometimes affordable. We need to make it affordable for low-income residents.”

“I believe the open market will flush this out. If we switch over to electric vehicles by 2035 this will work itself out,” said Barbanica. “But if we go out to our parking lot, right now…99% of the vehicles operate on gas.”

“We don’t ban new businesses coming into our community,” he continued. “Will we say, ‘no, you’re not coming in?’ It’s a case-by-case basis. We said no, last year, to a 24-hour station right next to residential homes. As the EV market continues to grow, you’ll see less and less demand for these coming into our community. The council still has the ability to say ‘yes’ or ‘no’.”

“I’m not for the ban. I think it’s a case-by-case. There will be some areas that will need a gas station,” Ogorchock said.

“You all know where I stand,” Thorpe said. “We’ve actually already said ‘no’, twice. But I am for the policy. I am for the ban. There isn’t consensus for this to move forward but we can bring it back in the future and see how Councilwoman Torres-Walker stands on the issue.”

The matter died on the two-two split of council members.

The food distribution is a joint effort of the Golden Hills Community Church Serving & Engaging Neighbors Together, (SENT) ministry and Team Jesus Outreach Ministries. 

Free hot meals are also served at the Community Outreach Center at 525 E. 18th Street in Antioch Monday through Friday. Doors open at 5:00 pm. Our desire is that no one in our community suffer from hunger or malnutrition. Each night we serve a wholesome, home-cooked hot meal to satisfy our appetite. However, we also realize there is a spiritual hunger that God wants to fulfill in each one of us and we have a brief worship service designed to help us connect with the Lord each evening. Everyone is welcome to join regardless of their faith background. For more information visit Community Outreach Center.

Golden Hills Community Church is located at 2401 Shady Willow Lane in Brentwood. For more information about the church and its ministries visit www.goldenhills.org.

Named to 2024 Cal Hospital Compare Patient Safety Honor Roll for having a strong culture of safety

By Antonia Ehlers, PR and Media Relations, Kaiser Permanente Northern California 

With a commitment to providing high-quality, safe patient care, Kaiser Permanente Antioch Medical Center has been named to the Cal Hospital Compare 2024 Patient Safety Honor Roll.

The honor roll uses objective, publicly available patient safety measures to evaluate hospitals across a variety of domains, including hospital-acquired infections, adverse patient safety events, sepsis management, patient experience, and the Leapfrog Group’s Hospital Safety Grade.

This year, 72 of the state’s 306 adult, acute-care hospitals made the honor roll. Kaiser Permanente Northern California had 10 hospitals on the list – representing 14% of the hospitals recognized.

“The safety of our patients is our top priority,” said Pam Galley, senior vice president and area of Kaiser Permanente’s Diablo service area. “Our health care providers work hard to create a safe, exceptional patient-care experience.”

Kaiser Permanente Northern California hospitals are consistently recognized as among the country’s best for outstanding patient safety, positive care outcomes, and exceptional patient-care experiences.

“We are committed to providing excellent personalized care while keeping our patients safe from harm,” said Kaiser Permanente Antioch Medical Center Physician in Chief Sharon Mowat, MD. “We are very grateful for our extraordinary physicians, nurses and staff members who make a difference every day.”

Hospitals on the honor roll had to meet a rigorous threshold of performance by having at least two-thirds of measure results above the 50th percentile and no measure result below the 10th percentile and/or an “A” grade in the Leapfrog Hospital Safety Grade for the past three reporting periods.

This honor roll offers Californians a rigorously evaluated list of hospitals that have consistently demonstrated a strong culture of safety across multiple departments, according to Cal Hospital Compare.

Nearly $2 billion in statewide investments to improve, protect state’s infrastructure

By Edward Barrera, Division Chief of Public Affairs, California Department of Transportation 

SACRAMENTO — Earlier this month, the California Transportation Commission (CTC) allocated $1.9 billion to support transportation infrastructure projects that play a starring role in powering the world’s fifth largest economy. The approved funding provides significant investments for bridges, roadways, transit and improved facilities for people who walk and bike.

The latest allocations also include nearly $430 million from the federal Infrastructure Investment and Jobs Act of 2021 (IIJA) and $740 million via Senate Bill (SB) 1, the Road Repair and Accountability Act of 2017. 

A total of $10.183 million was allocated for improvements in Contra Costa County with most of it for 20 miles of BART track and $3.6 million for I-680 in San Ramon and Danville. 

Among the efforts spurred by the $1.9 billion commitment include several projects prioritizing the state’s vital bridge network, highlighted more than $4 million to repair bridge damage along Interstate 80 in Alameda County.

Also included are projects that will build or renovate shoreline embankments, bus, bicycle and pedestrian infrastructure, and railroad overcrossings. 

“California’s transportation infrastructure is critical to the economic and cultural lifeblood of our state, and this funding provides key support in our mission to provide a safe, equitable and sustainable transportation system for all users,” said Tony Tavares, Caltrans Director.

Contra Costa County Projects

• $6 million allocation for BART Expansion and Contraction of Steel Rail in Contra Costa County which will destress twenty miles of rail track within the BART operating corridor that has been identified as being affected by such conditions in Contra Costa County. (Funding description and source: Locally-Administered Local Transportation Climate Adaptation Program Project off the State Highway System – Resolution LTCAP-A-2324-04)
• $3.6 million allocation for I-680 in San Ramon and Danville, from Alcosta Boulevard to north of Diablo Road. Rehabilitate pavement, upgrade guardrail, and upgrade facilities to Americans with Disabilities Act (ADA) standards.
• $500,000 allocation for the Pavement Resurfacing Project, which will focus on applying pavement rehabilitation treatments in various streets located in the southeast area of the City of Martinez to improve the City’s overall pavement condition index and reduce on-going maintenance. Project will also include ADA curb ramp improvements, restoration of vehicle detection sensors at signalized intersections, striping restoration, and green infrastructure improvements. (Funding description and source: Locally-Administered SB 1 Local Partnership Program (LPP) (Formulaic) Projects Off the State Highway System – Resolution LPP-A-2324-38)
• $83,000 allocation for the Morello Avenue sidewalk gap closure in Martinez will address gaps of concrete sidewalk on the east side of Morello Avenue, south of Village Oaks Drive; and the east side of Morello Avenue, north of Arnold Drive. Improvements will also new curb and gutter, and a new ADA curb ramp at the southeast corner of Morello Avenue/Village Oaks Drive. (Funding description and source: Locally-Administered SB 1 LPP (Formulaic) Projects Off the State Highway System – Resolution LPP-A-2324-38)

The Contra Costa projects funded are among multiple approved projects in District 4 – Bay Area / Oakland which includes Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano and Sonoma counties.

IIJA, known as the “Bipartisan Infrastructure Law,” is a once-in-a-generation investment in our nation’s infrastructure to improve the sustainability and resiliency of our energy, water, broadband and transportation systems. Since 2021, California has received more than $42 billion in IIJA funds, including more than $29 billion for transportation-related projects.

In addition, SB 1 provides $5 billion in transportation funding each year that is shared between state and local agencies. Road projects progress through construction phases more quickly based on the availability of SB 1 funds, including those partially funded by SB 1. 

See the complete list of the latest CTC-approved projects in each of the other nine Caltrans Districts in the state:

District 1 – Eureka (Del Norte, Humboldt, Lake and Mendocino counties)

District 2 – Redding (Lassen, Modoc, Plumas, Shasta, Siskiyou, Tehama and Trinity counties)

District 3 – Marysville / Sacramento (Butte, Colusa, El Dorado, Glenn, Nevada, Placer, Sacramento, Sierra, Sutter, Yolo and Yuba counties)

District 5 – San Luis Obispo / Santa Barbara (Santa Barbara, San Luis Obispo, Monterey, San Benito and Santa Cruz counties)

District 6 – Fresno / Bakersfield (Kings, Tulare, Fresno, Madera and Kern counties)

District 7 – Los Angeles (Los Angeles and Ventura counties)

District 8 – Riverside and San Bernardino counties

District 9 – Bishop (Inyo, Kern and Mono counties)

District 10 – Stockton (Alpine, Amador, Calaveras, Mariposa, Merced, San Joaquin, Stanislaus and Tuolumne counties)

District 11 – San Diego (San Diego and Imperial counties)

District 12 – Orange County

For more information about California transportation projects funded by IIJA and SB-1, visit RebuildingCA.ca.gov and www.build.ca.gov.

Allen D. Payton contributed to this report.

Willie James Mims was born to Edward and Lillie Mims on November 30, 1944, in McCaul, LA. He was one of nine siblings. He lived in California since he was two years old. Willie grew up in West Pittsburg, now called Bay Point, California, where he attended and graduated from Pacifica High School in 1963. In high school, Willie excelled in sports, including track and field, basketball, and football. Willie was concerned about issues revolving around environmental justice, especially in Pittsburg. In 1963, he entered the political arena for the first time, passing out flyers supporting the Rumford Fair Housing Act. George Ealy, a local political activist, organized that event.

Willie married Darlene Lea-Mims on July 15, 1967, and they celebrated 52 years of joyous marriage before she preceded him in death. From this union, they have two children, Dana and Marcus; six grandchildren, Tasha Thompson, Nailah Thompson, Khiry Gosha-Mims, Zaheem Smith, Niara Mims, and Inaya Mims; and two great-grandchildren, Khira Gosha-Mims and Chance Gosha-Mims.

Willie graduated from Diablo Valley College in 1972 with an Associate of Arts Degree. He then transferred to San Francisco State University and earned a Bachelor of Arts in English/Creative Writing in 1974. He proceeded to graduate school, where, in 1978, he earned an M.A. Degree in English/Creative Writing. Willie’s thesis was a collection of short stories called “The Boy Who Threw Rocks,” loosely based on his childhood. Willie then earned a California Secondary Education Teaching Credential in English in 1979.

From 1965 to 1970, he was employed as a stevedore with the Concord Naval Weapons Station. From 1971 to 1987, he worked as a food service worker at the Veterans Administration Hospital in Martinez, California. Willie worked for the Vallejo City Unified School District for over 25 years, serving as Teacher/Teacher-in-Charge at John Finney High School, formerly Peoples High School. He retired from wage work in 2009.

Since retirement, he continued as an activist, advocating for the best interests of the community, parents, and students in the school system. Willie believed that parents and activists should monitor and observe the school districts in East County. This included monitoring and observing local governments and how they conduct the people’s business.

He attended local and county-wide meetings (mainly those in Central and East Counties), bringing issues of concern to School Boards, City Councils, and the Board of Supervisors. His goal on all issues was to support students, parents, or people in their grievance redress.

Willie was a former mentor of the S.I.M.B.A (Safe In My Brother’s Arms) program, which focuses on boys from 8 to 16 to support self-esteem and served as a form of “manhood” training. He was a former East County Boys and Girls Club board member. He served as an “on-call” Educational Advocate for the YIN (Youth Intervention Network) Program. He served as a volunteer historian for the Parents Connected Organization. He was a representative of the Black Political Association in Pittsburg, CA, and a member of the Executive Committee of the East County National Association for the Advancement of Colored People (NAACP), where he served as its Education Chair. He worked as a volunteer for the Greater Faith Food Pantry, an agency serving and feeding low-income and underserved citizens of Pittsburg. He was a member of its board and volunteered four times per month. He was a member of the Antioch School District’s African American Male Initiative, a former representative on the Contra Costa Community College’s Hiring Policy Review Committee, a member of the Mt. Diablo Unified School District’s Equity & Disproportionality Committee, and a member of the Vallejo Unified School District’s LCAP & LCFF Committees.

Willie was preceded in death by his parents, Edward and Lillie Mims, his sisters Wilma Douglas and Isabel Medford, and his brothers Melvin Mims, Mack Mims, and Walter Mims. He leaves behind his two children, Dana and Marcus (Cassandra) Mims; six grandchildren, Tasha Thompson, Nailah Thompson, Khiry Gosha-Mims, Zaheem Smith, Niara Mims, and Inaya Mims; and two great-grandchildren, Khira Gosha-Mims and Chance Gosha-Mims. He is also survived by sisters: Hilda Murdoch (Pittsburg), Nancy Mims-Burt (Pittsburg), and Ruth Mims-Jemerson (Oakland), Melodye Montgomery (Alameda), daughter-in-law Cassandra Waller-Mims, a brother-in -law/friend Larry Harold, who was always by his side, and a host of nieces, nephews, cousins, friends, and lastly, the East Bay Community.

Willie’s main goal was to educate, motivate, and support his community. He leaves a legacy of love, compassion, and service that will continue to inspire all fortunate enough to know him. Willie James Mims will be missed by his family, friends, and the community.

You can send flowers to the family or plant a memorial tree in memory of Willie Mims.

Services will be held at 11:00 AM on Saturday, June 1, 2024, at Delta Bay Community Church, 1020 E. Tregallas Road in Antioch. Repast immediately following burial at Pittsburg Youth Development Center at 1001 Stoneman Avenue in Pittsburg.

To watch online visit zoom link ID: 740 600 9196, Password: 2024 

Donations in his memory to the Willie J. Mims Education Scholarship for East County Youth are accepted at www.obituare.com/willie-james-mims-obituary-133141/.

Due to purchase and use of hybrid and electric vehicles

Receive up to $400 in gift cards for 6-month Pilot program beginning Aug. 2024

By Allen D. Payton

Caltrans has launched a test on the proposed per mile Road Charge to possibly replace the state’s current gas tax and invites the state’s drivers to participate. The Pilot program will last six months and participants can earn up to $400 in gift cards.

With the passage of Senate Bill 1077 introduced in 2014 by then-State Senator (now-Congressman) Mark DeSaulnier, California began investigating a long-term, sustainable transportation funding mechanism as a potential replacement to the gas tax, known as a “road charge” due to the advent of hybrid and electric vehicles. As of 2022, state officials estimate that there were about 1.1 million electric cars and 1.3 million hybrids on California roads.

Taking direction from the Legislature, California completed the largest road charge research effort to date piloting more than 5,000 vehicles that reported in excess of 37 million miles over a nine-month duration. According to the program’s report, the statistics only serve to reinforce Californians’ desire for mobility, a safe and reliable transportation system, and an improved overall quality of life. Below please find the California State Transportation Agency’s release of the California Road Charge Pilot Program final report.

History of Transportation Funding

According to the Road Charge Pilot Program Summary Report, Nearly all of the 350 billion miles driven each year on California’s highways and roads are  powered by gasoline or diesel fueled vehicles. Historically, the taxes on those fuels provided the majority of the revenue required to maintain and operate our transportation network. As future consumption of gasoline and diesel fuel declines, due to increased fleet efficiency, California will be challenged to sustain its $2.5 trillion economy. Continuing to depend on a consumption-based transportation model, while at the same time adopting policies to increase vehicle fuel efficiency and promote the reduction of vehicle miles traveled, puts into question the long-term viability of the gas tax as a sustainable revenue model.

Historically, transportation funding has been impacted by two main factors: inflation and vehicle fuel efficiency. Until this year, with the passage of the Road Repair and Accountability Act of 2017 (Senate Bill 1), the state gas tax had not been adjusted for inflation since 1994, which significantly reduced its purchasing power. Senate Bill 1 adjusted fuel rates for past inflation and includes future inflation adjustments: hence, solving the inflation issue and delaying the expected transportation funding shortage by a decade or more. However, the impact of improving vehicle fuel efficiency remains an issue, especially as new vehicles sold in the coming decades are expected to be much more fuel efficient.

The report claims, “Without Senate Bill 1’s inflation adjustments, the transportation funding shortfall would be quickly approaching. The new Senate Bill 1 revenues, as illustrated in Figure 1, stabilize the state’s short-term transportation infrastructure funding needs and provides time to explore alternatives to continued reliance on fuel taxes.”

How Transportation Funding Works

Currently, it costs approximately $8.5 billion annually to maintain California’s roads.

• Approximately 80% of highway and road repairs are funded by a tax on gasoline charged at the pump when you buy gas. The more gas you buy, the more you pay in gas taxes and the more you contribute to highway and road repairs.
• On average, Californians pay about $300 a year in state gas taxes.
• Various state fees also support transportation. Trucks pay weight fees and zero-emission vehicle owners pay $118 each year, and all vehicle owners pay a transportation improvement fee.
• Some counties also charge a local sales tax to further invest in road and transit needs or have tolls on bridges or certain highways.
• The public may also pass state bonds to invest in additional transportation needs.

What is Road Charge?

California relies on gas tax and other fuel tax revenues to fund its roadway maintenance and repairs. But as cars get more fuel efficient or use other energy sources, such as electricity and hydrogen, the gas tax will no longer fund the infrastructure California needs. California is researching a potential gas tax replacement that’s both sustainable and equitable: road charge. A road charge is a “user pays” system where all drivers pay to maintain the roads based on how much they drive, rather than how much gas they purchase. Under a road charge, all drivers share roadway maintenance and repair costs based on what they actually use. (https://dot.ca.gov/programs/road-charge)

• California could replace the gas tax with a mileage-based user fee charged to drivers who use the roads. The more you drive, the more you pay for highway and road repairs. The less you drive, the less you pay.
• Everyone would pay their fair share for road repairs based on how much they drive, not the kind of car they own.
• California is working to develop a road charge program that is fair, transparent, and sustainable so that it meets our road maintenance needs now and in the future.

Most States Pursuing Vehicle Miles Traveled Taxes

According to the Tax Foundation, most states are taking steps toward a vehicle miles traveled (VMT) tax. “Oregon was the first state to begin research into VMT taxes in 2001 and was the first to implement a program in 2015. Four states now have active programs for passenger vehicles and four other states have active programs targeting heavy commercial vehicles (Oregon has both), with pilot programs carried out in 16 states. Only Hawaii has a mandatory program, which requires EVs to participate by 2028 and all light vehicles by 2033.”

Calculator Compares Road Charge vs. State Fuel Tax Costs

The “Road Charge” vs. gas tax calculator for a sample cost comparison of paying the current gas tax of $0.579 per gallon as of July 1, 2023, versus a per mile road charge offers options of $0.02, $0.03 and $0.04. At two cents per mile the Total Monthly Road Charge would be less than the Total Monthly State Fuel Tax for a gas-powered vehicle. But at three cents per mile, the monthly cost of the Road Charge would be greater than the current fuel tax.

For a 2024 Chevrolet Equinox EV driven an average of 1,000 miles per month the Road Charge annual costs would be $240 at two cents, $360 at three cents and $480 at four cents per mile versus the current $118 annual fee. The calculator “Does not include any federal or local taxes” and shows, “Rates are hypothetical and would be set by the California Legislature.”

Participate in 2024 Road Charge Collection Pilot

The Road Charge policy idea is still being explored and developed. The public’s input and ideas can help inform what the best way might be to implement a program in California. Drivers are asked to participate in the 2024 Road Charge Collection Pilot and earn up to $400!

• Receive up to $400* in gift cards
• Participate for 6 months; Aug 2024 – Jan 2025
• Pay road charges each month
• Gas tax refunded end of pilot
• Take 2 surveys to tell us about your pilot experience

*Complete all required activities throughout the Pilot and earn up to $400: $100 distributed in September 2024 and up to $300 will be distributed in February 2025.

To learn more and participate in the pilot program visit https://caroadcharge.com/engage/contact-us-pilot/, call (916) 619-6283 toll-free or email info@caroadcharge.com.

Sponsors needed

By Sophia Martin, Regional Director, Love Life NorCal Antioch

Please support us in our annual fundraiser, LifeRide. We will be riding bikes across the nation to raise awareness and funds to unite and mobilize the Church to end abortion and the orphan crisis.

What is LifeRide?

In 2023, Pastor Jay Stewart at the age of 60, rode his bicycle over 3,100 miles across America to bring awareness to the ministry of Love Life and to raise over a million dollars. Pastor Jay has been a partnering pastor with Love Life from the beginning and his church is also a House of Refuge church. (See video1 and video2)

Locally, our goal is to raise $10,000. If you would like to give $25, $50 or $100 to help us meet our goal and learn more, please visit: https://join.liferideusa.org/team/580862.

“Rescue those who are being taken away to death; hold back those who are stumbling to the slaughter.” – Proverbs 24:11

For more information about Love Life visit: https://lovelife.org. To sign up for a 1-Hour Journey visit: https://lovelife.org/1-hour-journey. Get your Love Life apparel and coffee here: https://shop.welovelife.org/?ref=antioch.

Guadalupe Zavala caused 6-hour stand-off ending in his death while unarmed

CA DOJ “commends APD” for manner in which they handled situation

Son later sued City of Antioch

CA Attorney General issues “policy and practices recommendations”

By California Department of Justice

OAKLAND – California Attorney General Rob Bonta, pursuant to Assembly Bill 1506 (AB 1506), today, Friday, May 24, 2024, released a report on Guadalupe Zavala’s death from an officer-involved shooting involving the Antioch Police Department in Antioch, California on December 10, 2021. The report is part of the California Department of Justice’s (DOJ) ongoing efforts to provide transparency and accountability in law enforcement practices. The report provides a detailed analysis of the incident and outlines DOJ’s findings. After a thorough investigation, DOJ concluded that criminal charges were not appropriate in this case. However, DOJ recognizes the important lessons to be learned from this incident. As required by AB 1506, the Attorney General has issued specific policy and practice recommendations related to the incident. 

“Loss of life is always a tragedy,” said Attorney General Bonta. “AB 1506 is a critical transparency and accountability tool, and our hope for this report is to provide some understanding and aid in advancing towards a safer California for all. The California Department of Justice remains steadfast in our commitment to working together with all law enforcement partners to ensure an unbiased, transparent, and accountable legal system for every resident of California.”

On December 10, 2021, Antioch Police Department responded to multiple calls regarding a man who was barricaded in his home with a rifle after shooting at neighboring homes and vehicles. A standoff lasting more than six hours ensued, during which Mr. Zavala fired multiple rounds from various locations towards law enforcement personnel, vehicles, and nearby residences. De-escalation measures, communications from the crisis negotiations team, and attempts to coerce Mr. Zavala from his residence were unsuccessful. At one point, Mr. Zavala exited his front door carrying what appeared to be a “full AR-15 style rifle.” Two snipers with the Antioch Police Department each fired one round hitting Mr. Zavala, causing him to fall back. However, because Mr. Zavala was wearing body armor, he was able to regain his footing and moved back inside the residence. Later, a fire started in Mr. Zavala’s home, and he ran out and took cover in his backyard. When law enforcement knocked down the fence of Mr. Zavala’s yard with an armored vehicle, Mr. Zavala ran towards the armored vehicle and was fatally shot.

Zavala’s son, Diego Zavala, joined in a 2023 federal lawsuit against the City of Antioch and six Antioch Police officers. (See related articles here, here and here)

Under AB 1506, which requires DOJ to investigate all incidents of officer-involved shootings resulting in the death of an unarmed civilian in the state. DOJ conducted a thorough investigation into this incident and concluded that the evidence does not show, beyond a reasonable doubt, that the officers involved did not act in lawful self-defense or defense of others. Therefore, there is insufficient evidence to support a criminal prosecution of the officers. As such, no further action will be taken in this case.

CA DOJ “Commends APD” for How They Handled Situation

In addition, the report shows the California DOJ Police Practices Section conducted a supplemental review of the information and “PPS commends APD for the manner in which they handled this volatile, dangerous situation, coordinating with neighboring agencies, exploring less-lethal options, and rapidly deploying the SWAT and CNT teams to the incident to attempt to achieve a peaceful surrender.”

CA DOJ Recommendations

As part of its investigation, DOJ has identified several policy recommendations that it believes will help prevent similar incidents from occurring in the future. These recommendations include:

COMMUNICATION

Antioch Police Department should ensure that officers are equipped with effective communications devices that can operate in the hilly areas covered by their department. Antioch Police Department can seek additional coverage or upgrades through their department-issued cell phone or radio carriers or, if that is impracticable or not feasible, examine whether there are other cell phone carriers or radio channels that would work in all areas they serve. 

COMMUNICATION BETWEEN AGENCIES

Antioch Police Department should ensure that their officers can effectively and efficiently communicate with officers from other agencies in future incidents by setting up regional radio channel systems for interagency communication.

See CA DOJ Antioch Police Policy and Practice Recommendations.

Emails were sent early Friday afternoon to Acting Antioch Police Chief Brian Addington, Antioch Police Officers Association leaders and their attorney, Mike Rains for comment on the report, as well as City Attorney Thomas L. Smith, Addington and Rains with questions regarding the 2023 lawsuit that included Zavala’s son. The efforts were unsuccessful prior to publication time.

UPDATE: Rains responded early Friday evening saying, “That was good news from the DOJ. I think the findings were appropriate. The DOJ does a very good job, in my opinion, in these 1506 cases analyzing the facts and clearing the officers of any wrongdoing. I also see the PPS commends the department for de-escalation.”

About the lawsuit he said, “I don’t know on the civil side if the lawsuit is settled or not,” as Rains’ firm does not represent former officer Eric Rombough.

“We represented the officers in the 1506 case, including Duggar and Chang, who were the two primary officers who fired their weapons and were part of the DOJ investigation,” Rains added.

A copy of the complete CA Attorney General’s report can be found here.

Please check back later for any updates to this report.

Allen D. Payton contributed to this report.