Up to $150,000 rewards offered; may be tied to mail carrier thefts in Antioch, Contra Costa County

By Allen D. Payton

Palo Alto Police Lt. Con Maloney issued the following information on May 14, 2024, announcing the arrests of two suspects for the robberies of two mail carriers:

Police arrested two suspects this weekend after they committed robberies of United States Postal Service mail carriers in Belmont and Palo Alto, and then led officers on a vehicle pursuit in a stolen car before crashing into a tree and fleeing on foot. Police recovered two airsoft pistols and the stolen property.

The incident began around 2:12 p.m. on Saturday, May 11, 2024, when our 24-hour dispatch center put out an alert on the police radio about a strong-arm robbery of a mail carrier that had occurred around 1:30 p.m. in Belmont. The Belmont Police Department described the two suspects and the vehicle they were driving (a black 2013 Infiniti G37 two-door, bearing a stolen license plate that belonged on a Ford).

At about 2:18 p.m., our 24-hour dispatch center received a call from a witness reporting they had just seen two males loitering in the 800 block of Ilima Court. When the males spotted the witness, they quickly walked away and entered a black Infiniti sedan parked on Laguna Avenue. The witness continued to watch them and saw them exit the Infiniti and walk back towards Ilima Court. The witness’ description of the males and their car closely matched the alert from Belmont. Officers began responding to the area to investigate.

A few minutes later, other witnesses called police to report that a mail carrier had just been robbed at gunpoint in the 800 block of Ilima Court by two suspects matching the earlier description.

Responding officers located the suspect vehicle driving northbound on El Camino Real from Matadero Avenue. When officers attempted to make a stop, the suspect vehicle fled at a high rate of speed, leading police on a vehicle pursuit that turned westbound onto Hansen Way. The suspect vehicle lost control and crashed into a tree in a private parking lot in the 3100 block of Hansen Way, and both suspects inside then fled on foot. Officers chased the suspects, arresting them both without incident nearby a short time later.

Both suspects sustained minor injuries as a result of the collision. Personnel from the Palo Alto Fire Department treated and released them at the scene. Neither suspect, nor any officers, were injured during the arrests.

The suspect vehicle sustained major damage from the collision and had to be towed from the scene. It turns out the Infiniti itself had been reported stolen from Alameda on May 1, while the license plate on its rear had been reported stolen from Hayward on May 11.

Inside the vehicle, officers located two sets of stolen postal keys that were later confirmed to be the ones stolen from the two mail carrier victims (one from Belmont, one from Palo Alto). Officers also located two realistic-looking replica handguns; one inside the vehicle, and the other on the ground outside the vehicle.

The Palo Alto robbery investigation revealed that the victim, a mail carrier in his sixties, had been approached by both suspects. One suspect pointed a gun at his head while demanding his postal keys. Both suspects grabbed the victim and forcibly took the keys from him. The victim was not physically injured.

The robbery in Belmont occurred around 1:30 p.m. on May 11 in the 700 block of Old County Road. In that case, the mail carrier was a woman in her forties who received minor physical injuries but declined medical treatment at the scene. No weapon was used.

Police booked 19-year-old Trevionne Levar Williams of Sacramento into the Santa Clara County Main Jail for robbery, assault with a deadly weapon, elder abuse (due to the age of the Palo Alto victim) and committing a felony while out on bail for another felony (all of which are felonies), and also for misdemeanor resisting arrest (for running from the police after the collision). Williams is currently out on bail in Sacramento County for multiple firearms-related violations. Police arrested the second suspect for robbery, assault with a deadly weapon, elder abuse, and vehicle theft (all of which are felonies), and also for misdemeanor evading police (for leading them on the pursuit); as he is a 17-year-old male, police transported him to the Santa Clara County Juvenile Hall. In accordance with our standard release of information procedures, no additional information on that suspect is available since he is under the age of 18. The juvenile was driving the stolen vehicle at the time of the collision.

Palo Alto detectives are working in close collaboration with detectives from the Belmont Police Department, as well as investigators from the United States Postal Inspection Service. Palo Alto detectives are also actively investigating to see if these suspects may also be responsible for a strong-arm robbery of a mail carrier that occurred in Palo Alto in December 2023. For details on that incident, see the news release we distributed at the time. That case is unsolved and remains open.

Robberies of mail carriers for postal keys, which are used to access locked Postal Service mailboxes, are becoming increasingly more common (though this is only the second such case in recent memory here in Palo Alto). Thieves then use the keys to assist them in committing mail theft, which in turn facilitates identity theft, fraud and other crimes.

Unauthorized possession of a postal key is a federal crime, a conviction which can land someone in prison for up to ten years. The United States Postal Inspection Service encourages anyone who knows the location of any stolen postal keys or who has information about any robberies of mail carriers to contact their 24-hour hotline at (877) 876-2455. They offer a reward of up to $150,000 for information leading to the arrest and conviction of any suspects.

According to Postal Inspector Matthew Norfleet of the U.S. Postal Inspection Service, Oakland Team, Palo Alto Police and postal inspectors are investigating another robbery of postal keys from a mail carrier in that city. We are asking residents to report any financial crimes related to theft of U.S. Mail as it may be related to the robbery and assault of postal workers. A reward up to $150,000 is available for information leading to the arrest and conviction of anyone who robbed or assaulted a postal worker.

According to localcrimenews.com, the six-foot, one-inch tall, 290-lb. Williams was also arrested in Sacramento on May 4, 2024, for carrying a concealed weapon in a vehicle and for the manufacture, import and/or sale of a large-capacity magazine of bullets.

Strong-Arm Robbery of Mail Carrier

Then, on Friday, May 17, 2024, Palo Alto Police Lt. David Lee issued the following about the second incident:

Police are investigating a strong-arm robbery of a United States Postal Service mail carrier that occurred yesterday in the Midtown neighborhood. The two suspects are unknown and at large.

On Thursday, May 16, 2024, at about 11:57 a.m., our 24-hour dispatch center received a call from a Postal Service supervisor stating that one of their mail carriers had been robbed of his postal keys about ten minutes earlier in the parking lot of the Southwood Apartments at 2850 Middlefield Road.

The investigation revealed that the victim, a man in his sixties, had been delivering mail when two men approached him and demanded his postal keys. The victim complied and turned over the keys. The men then demanded his wallet and cell phone, and when the victim refused, a fistfight ensued between all three. The suspects knocked the victim to the ground, and then fled on foot towards the parking garage. A short time later, the victim saw a black vehicle drive out of the garage at a high rate of speed to head southbound on Middlefield Road. The victim called his supervisor to report the incident.

The victim described the suspects as Hispanic males in their twenties, both about 5 feet 8 inches tall with average builds and no facial hair. The victim said they were both wearing black hooded sweatshirts with the hoods up. He said that when the suspects approached him, both had one hand reaching into their waistbands. He never saw either of them with a weapon. The victim described the vehicle he saw driving away as an older model Nissan Altima four-door sedan, with paint that looked old.

The victim sustained minor injuries to his face, rib cage, and knee. He declined medical attention at the scene.

Detectives are working with investigators from the United States Postal Inspection Service to conduct follow-up investigation. Palo Alto detectives are also investigating to see if these suspects may also be responsible for a strong-arm robbery of a mail carrier that occurred in Palo Alto in December 2023. For details on that incident, see the news release we distributed at the time. That case is unsolved and remains open. Detectives do not know if there is any connection between yesterday’s case and the arrests made of two individuals over the weekend for mail carrier robberies.

Robberies of mail carriers for postal keys, which are used to access locked Postal Service mailboxes, are becoming increasingly more common. Thieves then use the keys to assist them in committing mail theft, which in turn facilitates identity theft, fraud, and other crimes. Please report any financial crimes connected to the U.S. Mail to postal inspectors, even if the loss was minimal or covered by another institution.

Unauthorized possession of a postal key is a federal crime, a conviction which can land someone in prison for up to ten years. The United States Postal Inspection Service encourages anyone who knows the location of any stolen postal keys or who has information about any robberies of mail carriers to contact their 24-hour hotline at (877) 876-2455. They offer a reward of up to $150,000 for information leading to the arrest and conviction of any suspects.

In light of these robberies, police are asking that the public keep a watchful eye out, remain alert for suspicious behavior around mail carriers, Postal Service vehicles, and common mailboxes, and promptly report any suspicious activity to law enforcement. This could include vehicles and/or individuals appearing to follow mail carriers.

Inspector Unsure if Connected to Robberies in Antioch, Contra Costa

Norfleet was asked if the juvenile suspect is from and if either are suspects in robberies of mail carriers in Antioch or Contra Costa County. He responded, “I am not aware of a specific connection to Contra Costa County in the Belmont or Palo Alto robberies. We are still looking at possible connections between these suspects and any of our open robbery investigations in Contra Costa and Alameda counties. We have seen several Bay Area robberies committed by suspects using cars stolen from the Sacramento area, so we know they are at least passing through Contra Costa, and it’s not unreasonable to suspect the same individuals may be responsible for robberies in Antioch (or Contra Costa). We continue to look for leads on mail thefts throughout Contra Costa County, particularly if they relate to robberies of postal workers.”

Anyone with information about this incident is asked to call our 24-hour dispatch center at (650) 329-2413. Anonymous tips can be e-mailed to paloalto@tipnow.org or sent via text message or voice mail to (650) 383-8984.

Benefitting Alzheimer’s Association

For more information about TreVista Senior Living & Memory Care visit www.TreVistaSeniorLiving.com.

By Neil Sterud

In times of financial distress, corporations often turn to the U.S. government for assistance, as seen with airlines during the COVID-19 pandemic and financial institutions in the 2008 Great Recession. However, the government must implement stricter conditions for firms seeking bailouts, particularly those engaged in stock buybacks before their financial downturn.

Stock buybacks, a practice where firms repurchase their own shares, have garnered controversy. While it artificially inflates share prices, it often neglects vital investments in the company’s growth and resilience. Executives’ tendency to sell their shares post-buyback suggests the share price is overvalued, raising ethical concerns, especially when buybacks are financed through debt, heightening bankruptcy risks.

The historical prohibition of buybacks until 1982 underscores their dubious nature as stock manipulation tactics driven by executives’ self-interest. Instead of bolstering shareholder returns through buybacks, firms should prioritize investments that fortify their market resilience, such as capital expenditure. Government bailouts effectively subsidize shareholder returns at taxpayers’ expense, highlighting the need for a paradigm shift in corporate behavior. Many argue stock buybacks should be illegal altogether.

Executives’ vested interests in buybacks, often tied to their compensation, don’t necessarily translate to enhanced business performance. This bipartisan concern resonates with workers and policymakers alike, who advocate for redirecting working capital toward workforce training and sustainable reinvestment.

While federal tax breaks aim to spur economic growth, the misuse of tax savings for buybacks undermines this objective. Therefore, stricter conditions should accompany government bailouts, emphasizing long-term resilience over short-term gains.

In contemplating bailouts, leniency could be extended to firms severely impacted by mandated government shutdowns. Nonetheless, the overarching principle remains: corporations must prioritize resilience against unforeseen crises rather than fleeting market performance.

Sterud is an Antioch resident.

Detectives seek public’s help; homeless advocates and friends share about 48-year-old Raheem Coe

“Raheem didn’t mess with nobody.” – longtime friend, Katherine Wade

By Allen D. Payton

On May 15, 2024, at approximately 7:19 AM, Antioch police officers responded to the 2200 block of Country Hills Drive to assist Contra Costa Fire on a reported male down on the sidewalk possibly in need of medical attention.

When officers arrived, they located a deceased male. He was later identified by Deputy Contra Costa County Coroner Sanchez as Raheem Coe, a 48-year-old man from Antioch. (See related article)

According to a press release issued Friday night, May 17, 2024 by Lt. Desmond Bittner of the Investigations Bureau, “Antioch Police Department detectives have continued to work diligently on this investigation over the past several days. After an autopsy and further investigation, the death has been determined to be a homicide. The victim frequented the area where he was discovered. Detectives are still asking the public for assistance as they continue to investigate.”

Independent reports from two sources claim Coe’s death was believed to be caused by blunt force trauma, including to his head and chest.

According to local homeless advocate Andrew Becker who knew Coe and had several interactions with him, “Raheem Coe was on the street for the last couple of years, in the Lone Tree-Deer Valley area. He’s had several interactions with City staff including being swept multiple times by Public Works and Code Enforcement.”

“We had several conversations about shelter and services, and he was seeking shelter,” Becker continued. “The last contact I had with him was a week-and-a-half ago. He did have contact with his family who are also local.”

“Due to the limited resources available, appropriate services were never offered to him,” Becker added. “This is the perfect example of a local family that needed strong, supportive services and resources but without a true, hands-on approach, he remained stuck in the cycle that the majority of unhoused residents are in, right now.”

incident, the organization’s leader, Nichole Gardner wrote, “This was one of our unhoused friends named Raheem that has been on the streets for years. Prayers for his friends and family.”

In a comment below the post Salim Coe wrote, “Raheem was my brother. Me and my family are very devastated.”

In a May 17th post on that same page Gardner wrote, “My heart has been heavy all day. I pray I will never have to know what it feels like to lose one of my sons. The heartfelt cries of Raheem’s mother have been with me all day. She is an older woman and just cried and cried to me on the phone. I can only hope I said the right thing and was supportive. I reached out to some amazing women who connected with her to give her support and called and visited with her. I am so heartbroken for his mom and brother who have no other family out here. Their family is in Ohio. She continuously said she just wanted to talk to someone. The pain in her heart was unbearable. Please God, help this mother and her family during this time. Please keep them in your prayers.”

Later Gardner posted, “Rest in Paradise Raheem. You will be missed” with a photo provided by Antioch resident Katherine Wade of a small memorial to Coe, placed at the gas station at the corner of Lone Tree Way and Mokelumne Drive, which includes a cross, two photos of him and a cup of coffee.

When reached for comment she said, “I didn’t know Raheem, but I know he was well-loved in the community. There are so many people who knew him.”

When reached for comment Wade shared, “Raheem was a good person, I’ve been knowing him for 12 years. He used to be with my son. Raheem didn’t mess with nobody. He wasn’t comfortable with people approaching him. He’s been to my house with my sons doing music in the garage. I used to feed him on the holidays. It hurts for someone to do him, like that.”

Gardner later shared, “His mother said her door was always open. She would bring him supplies and food and tell him he could come home anytime when he was ready to do so. She was crying with a broken heart, realizing the day she prayed for would never happen. She loved him dearly.”

Any information concerning the investigation can be directed to Antioch Police Detective John Cox at (925) 481-8147 or by email: jcox@antiochca.gov. Anonymous tips or information about this – or any other incident – can be sent via text to 274637 (CRIMES) with the keyword ANTIOCH.

By Bill Harms

Get your unwanted documents shredded at St. John’s Lutheran Church in Antioch Saturday, May 25 from 10 a.m. to 1 p.m. Donations will raise funds for scholarships and other charitable purposes coordinated by the church’s Endowment Committee.

Through its endowment, the church has given scholarships to students pursuing college degrees as well as continuing education opportunities such as gaining teacher certification. It has also given a grant to support training school tutors, said Eileen Blumhardt-Butler, Endowment Committee Chair.

The endowment has provided a grant to a childcare center to enhance art education. A teacher received a grant to purchase microscopes for her middle school classroom.

“These grants are a way our church can share God’s love with the community,” Blumhardt-Butler said.

St. John’s Lutheran Church is located at 1360 East Tregallas Road and has Sunday School at   9:30 a.m. and services at 10  a.m.  on Sundays. For more information visit https://stjohnsantioch.org.

Two investigated, two more under investigation

Calls out school board president’s claims complaints were mishandled although board hadn’t heard about response by HR Dept until May 8

Superintendent not involved, still on medical leave; board must choose acting supe

CSEA questioned on claims of vote of no-confidence in AUSD cabinet

By Allen D. Payton

In an email to Antioch Unified School District staff on Wednesday, May 15, 2024, the District’s Chief Human Resources Officer, Dr. Robert A. Martinez informing them of the “recent media coverage regarding certain personnel matters within our organization” and “to provide clarity and address some of the concerns that may have arisen as a result.” He was referring to the claims by some district employees by Kenny Turnage, the Director of Maintenance and Operations, including placing a desk on the roof of a district building and the display of a sign pointing up to it that it’s the location of an employee’s desk. Turnage was recently placed on administrative leave pending the completion of the investigations.

In response to the matter, AUSD Board President and Area 1 Trustee Antonio Hernandez called for Superintendent Stephanie Anello’s resignation claiming she and the District had mishandled the investigation, amid complaints her husband and Turnage are close friends. Hernandez also held a Closed Session at the beginning of the regular board meeting last Wednesday, May 8 in which a vote to terminate her contract failed two-to-three.

The board president also attempted to evaluate Anello, but she did not attend the closed session or regular meeting, as she was out on medical leave. (See related articles here, here and here)

Martinez went on to write his May 15th letter, “First and foremost, I want to assure you that the District takes all employee matters seriously and handles them with the utmost care and diligence. Any complaints or issues brought forward are thoroughly investigated by our Human Resources Department or a third party, independent firm, in accordance with established protocols, procedures, board policy, and applicable law.

“Two of the four complaints recently highlighted in the media coverage, were in fact processed consistent with the District’s practices, protocols, procedures, board policy, and applicable law in that they were investigated by Human Resources and the complainants were responded to with the Confidential Administrative Determination letters that contained findings. In addition, under the Superintendent’s (Stephanie Anello’s) direction they were subsequently reviewed by an outside, third-party, independent investigator which found that the internal investigations and appeal processes were appropriately conducted, finding no irregularities in the investigation processes or the findings of the investigations. The two more recent complaints are under investigation and will go through a similar process. If and when there is a need for employee discipline, based on the evidence and findings, such discipline would be assigned by the Human Resources Department, again based on appropriate protocols, board policy, collective bargaining agreements, and applicable law.”

Calls Out Board President Antonio Hernandez for Falsely Claiming Process Was Mishandled

Martinez’ letter continued with, “Last month, the Board President spoke to the media claiming the District mishandled certain employee complaints. However, it was not until last Wednesday, May 8th, that the Board first heard about the steps the Human Resources Department took to investigate and respond to the complaints. Moreover, the District and subsequently the Board has also been informed by an outside, third-party, independent investigator who reviewed the District’s handling of the complaints, that the District acted appropriately and in accordance with the law.

It is important to understand that personnel matters are confidential in nature, and as such, we are limited in the information that we can disclose publicly. While we understand that this may lead to speculation or misinformation, we want to emphasize that the District remains committed to protecting the privacy rights of employees while being transparent where possible.

We also want to make it clear that Superintendent Anello was not directly involved in the investigation, findings, or disciplinary actions related to these matters. This is consistent with the District’s practices, policies and procedures.

“We  understand that media coverage can be unsettling, especially when it involves our organization. However, we encourage you to focus on the important work that we do every day to support our students and the community.”

Martinez then offered some encouraging words about Measure B and other district matters.

He concluded his letter with, “Superintendent Anello is currently on medical leave and looks forward to returning once her doctor releases her to return. The Governing Board is working to identify an acting superintendent in her absence. More information will be shared once that person has been determined by Board action.” (See AUSD May 15, 2024 letter)

April 24 District Press Release

Previously, Martinez announced the two initial investigations in a press release issued on April 24, 2024, which was only sent to media who requested information. It wasn’t received by the Herald until May 8, although information about the matter was requested of District personnel on Saturday, April 27th.

In that press release he wrote, “We wish to provide an update with regard to recent developments within the Antioch school district that garnered public attention.

“To ensure transparency and accountability within our district, two separate investigations have been initiated to look into concerns raised publicly by an individual board member. The first investigation will review the overall situation, providing a comprehensive understanding of the circumstances involved. The second investigation will specifically address the two recent complaints that have been filed against an employee within the district.

“Furthermore, in the interest of maintaining the integrity of the investigative process and obviate any concerns, Superintendent Anello has voluntarily removed herself from direct involvement. Moving forward, I will be assuming responsibility for overseeing the investigations and working with the Board of Education regarding this situation.

Upon completion, the Board of Education will receive results of the investigations and will address any issues that may arise with the utmost diligence and transparency. It is important to understand that individual board members do not have authority to take action and provide direction, board authority rests with the majority of the body. To this point, decisions regarding the District, including decisions about leadership, must be made collectively by the Board as a whole.

“While this situation is understandably causing concern and questions, I am confident that the remarkable professionals in our schools and across our organization will continue to keep the wellbeing of our students as a top priority.” (See AUSD April 24, 2024 media release)

April 19 Antioch CSEA Chapter 85 Press Release, President Claims Vote of No-Confidence in AUSD Cabinet That May Not Have Occurrred

Earlier, on April 19, the California School Employees Association (CSEA) local Antioch Chapter 85 issued a press release – which was also not sent to the Herald but received this past Monday,  May 13 – about the bullying claims and Board President Antonio Hernandez’ unilateral call for Anello’s resignation.

The press release read, “CSEA chapter 85 is aware of the allegations of bullying and harassment against employees, we are working with our members to ensure their rights aren’t being violated. We do not condone any bullying or harassment of any employee or students. We stand by our members and appreciate everything they do daily for the students and the community. We encourage the school board to thoroughly investigate all the allegations and stand up for what’s right, as is their role as elected officials. CSEA Chapter 85 – Antioch.” (See CSEA April 19, 2024 media release)

In addition, as previously reported, the chapter president, Brian Atkinson, announced at the May 8 school board meeting that the executive committee held a vote of no-confidence in the superintendent. However, whether that vote ever occurred has come into question.

The chapter was sent an email on Wednesday, May 15, 2024, asking when that vote occurred, for the names of the executive board members, how many members were in attendance, for the actual motion, and the vote count, plus, a copy of the minutes of the executive board meeting during which the vote was taken.

According to the Chapter 85 website, there are eight members of their executive committee, including Atkinson, 1st VP Linda Rambeau-Jaime, 2nd VP Luis Sandoval, Chapter Secretary Anna Hernandez-Guzman, Chapter Treasurer Lilian Morataya, Communications Officer Joan Burke, Site Rep Coordinator Laura Dickerson and Sergeant at Arms Michael Brisco. The website’s Contacts page also lists Chief Steward Marcos Valdez and Stewards Erik Pitschner, Levon Edwards and Thomas Sellers.

In addition, both Board President Hernandez and CSEA Chapter 85 were emailed asking for a response to today’s letter from Dr. Martinez.

No responses were received prior to publication time.

Please check back later for any updates to this report.

Male’s body found near medical offices Wednesday morning

By Acting Lt. Matthew Koch #3018, Antioch Police Department Field Services Division

On May 15, 2024, at approximately 7:19 AM, Antioch police officers responded to the 2200 block of Country Hills Drive to assist Contra Costa Fire on a reported male down on the sidewalk possibly in need of medical attention.

When officers arrived, they located a deceased male. The cause of death is unknown. The Antioch Police Department’s Investigations Bureau, consisting of Crime Scene Investigators and detectives with the Violent Crimes Unit took over the investigation. The cause of death is pending an autopsy from the Contra Costa County Sheriff’s Coroner’s Office. This is an active investigation, and no further information will be released.

The Antioch Police detectives are asking the public for assistance. If you happened to of driven through the area between last night and this morning and have dash camera video, please contact Detective John Cox.

5/16/24 UPDATE: Contra Costa County Deputy Coroner Sanchez identified the man as Raheem Coe, a 48-year-old man from Antioch.

Additional inquiries or information can be directed to Antioch Police Detective John Cox at (925)481-8147 or by emailing jcox@antiochca.gov. Anonymous tips or information about this – or any other incident – can be sent via text to 274637 (CRIMES) with the keyword ANTIOCH.

Allen D. Payton contributed to this report.

5-0 vote costs City $50,000 including attorney’s fees

Mock trial held, court wouldn’t grant officers qualified immunity which contributed to decision

Officers responded to home in Dec. 2020 where he was strangling his mother

Died in the hospital 3 days later while not in police custody

Coroner’s autopsy determined Quinto died of drug intoxication, psychiatric conditions, physical exertion and cardiac arrest

Independent toxicology report found presence of Fentanyl in Quinto’s blood – in addition to Modafinil and Levetiracetam.

DA reported, “an internal examination showed no bone fractures or damage to Quinto’s larynx and trachea” and “accounts of what transpired in the bedroom are consistent among all witnesses in that no police officer applied pressure to Quinto’s neck.”

By Allen D. Payton

During a Closed Session meeting Tuesday night, May 14, 2024, after receiving information from a representative of the County’s insurance pool the Antioch City Council voted 5-0 to settle the lawsuit by the family of Angelo Quinto who died in December 2020 following an interaction with Antioch Police Officers, while attacking his family during a mental health crisis. The council agreed to settle with the family for $7.5 million.

The Closed Session agenda item #1 read, “CONFERENCE INVOLVING JOINT POWERS AGENCY – Municipal Pooling Authority and California Affiliated Risk Management Authority (CARMA). Discussion will concern EXISTING LITIGATION pursuant to California Government Code section 54956.9 MARIA QUINTO-COLLINS, et al., v. CITY OF ANTIOCH, et al., United States District Court Northern District of California CASE NO.: 3:21-cv-06094-AMO; Name of local agency representative on joint powers agency board: Thomas Lloyd Smith, City of Antioch; Appearing on behalf of joint powers board: Linda Cox, Municipal Pooling Authority and Amanda Griffith, ERMA (Employment Risk Management Authority).”

The Municipal Pooling Authority (MPA) is the County’s insurance pool and along with ERMA and CARMA determined the maximum amount of a settlement they would approve. Had the council not settled and continued fighting the lawsuit, the three authorities would not have paid for attorney’s fees and any settlement or amount determined by the judge or jury. Instead, it all would have had to be paid from the City’s General Fund, most of which pays for the police department. By settling the lawsuit, the City only has to pay its $50,000 deductible including attorney’s fees.

Background

On Dec. 23, 2020, Officers responded to the home of Quinto’s parents after dispatch received a call that the young 30-year-old Filipino-American Navy veteran was attacking them. As previously reported, Quinto’s sister placed the call telling police Angelo was strangling their mom, and the mother was not breathing. The sister told police Angelo took drugs. The sister had a hammer in her hands, which her brother had taken from her at one point, but she was able to get it back. Upon arrival, officers found Quinto being actively restrained by his mother on a bedroom floor of the home.  

Although claims were made by his family that officers restrained Quinto by using a knee to his neck for five minutes, that was proven false, as police claimed they had only placed a knee on his back. According to then-Chief Tammany Brooks, “At one point, during the handcuffing, for a few seconds an officer did have his knee across Angelo’s shoulder blade…taught at police academies for prone handcuffing.” Quinto died in the hospital three days later while not in police custody. (See related articles here and here)

During Brooks’ report of the incident he said, “I have been in contact with the Coroner’s Office and the following four points have been jointly approved by multiple pathologists related to their findings thus far:

1. Although the decedent had injuries consistent with a struggle with his family and law enforcement, none of the injuries appeared to be fatal.
2. There were no fractures of the skull, torso, or extremities.
3. A full examination of the neck revealed there was no evidence of strangulation or crushed airway.
4. They are currently expanding toxicology testing because they were aware of reported past drug use.”

An autopsy was performed on December 28th by the Contra Costa County Coroner’s Office which ruled Quinto succumbed to excited delirium and prescription drugs during the physical altercation with officers. Further, the cause of death was determined to be Excited Delirium Syndrome due to drug intoxication, psychiatric conditions, physical exertion and cardiac arrest. (Excited Delirium being recognized as a valid medical diagnosis or cause of death has since been outlawed in California with the passage of a bill, AB-360, last October. It prohibits coroners, medical examiners, physicians or physician assistants from listing excited delirium on a person’s death certificate or in an autopsy report).

On February 18, 2021, Quinto’s family, through their attorney, John Burris, filed a complaint against the Antioch Police Department. Burris had previously complained the officers didn’t have their body cameras turned on, but the council hadn’t yet approved the purchase of police body cams and the department did not implement them until 2021.

On Friday, August 20, 2021, Contra Costa County Sheriff-Coroner David Livingston announced that a coroner’s jury reached a finding that Quinto’s death was an accident, not at the hands of another.

Then, in September 2022, Contra Costa District Attorney Diana Becton determined, Antioch Police officers engaged with Quinto in a manner that was lawful and objectively reasonable under the circumstances and an internal examination showed no bone fractures or damage to Quinto’s larynx and trachea.

According to the DA’s Office, “A toxicology report by the Coroner’s Office showed that Quinto had the presence of caffeine, Levetriacetam (a therapeutic for adults and children with epilepsy), and Modafinil – a drug to stimulate wakefulness – in his system. The Santa Clara County Medical Examiner-Coroner reviewed the autopsy findings and agreed with its conclusions.

“The Quinto family commissioned an independent autopsy, and its findings note the cause of death was restraint asphyxiation. The private autopsy lists petechial hemorrhaging as the basis for such conclusion. An independent toxicology report also found the presence of Fentanyl in Quinto’s blood – in addition to Modafinil and Levetiracetam.

“However, of critical importance to the investigation, an internal examination showed no bone fractures or damage to Quinto’s larynx and trachea. While there are conflicting medical opinions as to the cause of death, the accounts of what transpired in the bedroom are consistent among all witnesses in that no police officer applied pressure to Quinto’s neck.

“After reviewing the evidence, the method of restraining Angelo Quinto by Antioch Police officers on December 23rd was objectively reasonable under the totality of the circumstances. Therefore, when applying the applicable law and the California District Attorney’s Uniform Crime Charging Standards, there is no evidence of a criminal offense committed by the Antioch Police officers involved in restraining Angelo Quinto.”

Yet, according to a March 16, 2023, report by the San Francisco Chronicle, “During a deposition, the county contract doctor acknowledged the possibility that Quinto died of asphyxiation from restraint, according to a court filing by attorneys for Quinto’s family.”

Councilmembers’ Actions, Comments Prior to Settlement

The settlement vote by three of the council members was to be expected as they’ve been sympathetic and apologetic to Quinto’s family. During the council meeting on Oct. 25, 2022, Mayor Lamar Hernandez-Thorpe and Mayor Pro Tem Monica Wilson wore T-shirts in support of Angelo Quinto, Wilson proposed naming the City’s emergency response team after the young man, which was supported by the entire council, and District 1 Councilwoman Tamisha Torres-Walker said, “I want to say to the Quinto family, you lost your son, that’s how we got here. Your loss has spurred some change, but it didn’t have to happen.” (See related article and the 2:35:42 mark of the council meeting video) In addition, Torres-Walker wore the same shirt at a later time and event. Plus, the mayor has repeatedly, falsely claimed Quinto died while in police custody.

But the unanimous vote in favor of an out-of-court settlement was not expected.

Barbanica Explains Reason for Settlement

About his vote for the settlement, District 2 Councilman Mike Barbanica said, “these are extremely difficult cases. I’ve been very clear in open session that the DA’s office and Coroner’s inquest did not find that he died at the hands of the officers. I let those investigations speak for themselves. There was no criminal wrongdoing by any of the police officers.”

“But when the insurance pool is paying for the City’s legal defense, if the council declines a settlement offer presented to them, and decides to continue to fight it, then the City will pay potential attorneys’ fees and any judgement that holds the City responsible,” Barbanica explained. “The City is paying $50,000 which includes attorney’s fees, and the insurance pool is paying up to the balance of $1 million, which is common in any settlement, limiting the exposure to the City’s General Fund.”

“Once you get to $1 million, it kicks over to secondary insurance which paid the remaining $6.5 million balance,” he added.

“In addition, the court did not grant the officers in the case qualified immunity. If we had continued in this case, we don’t know what it would have meant for the officers,” he stated. “The city attorney also made a very wise decision to hold what is called a mock trial in this case and is done in secrecy.”

“That was all done during the course of the lawsuit with an actual jury because he wanted to know any potential outcome. Those were factors that went into the decision-making on the settlement,” Barbanica explained. “This was not a haphazard decision. There was a lot of research, and all of this was done prior to them coming to us with a proposed settlement.”

Ogorchock Offers Her Reasons for Settling

When reached for comment explaining her reason for supporting the settlement, Ogorchock said, “As with any lawsuit, if they would have found even one percent liability by the City, it could have opened up the General Fund to pay more than what was paid.”

Asked if the insurance authorities said why they felt a jury would have been sympathetic to the family instead of the City, Ogorchock would not get into the details from the Closed Session discussion.

Asked about who represented the City, Ogorchock said, “the city attorney (Thomas L. Smith) chose the attorney to represent the City in the case.”

“We settled the case based on the city attorney’s and the insurance carrier’s advice. If we hadn’t, it would have opened up the City to the liability,” she added, reiterating the information shared by Barbanica. “In litigation cases, MPA will give us their advice and if we even have a small percentage of liability they will recommend a settlement amount. We as council, can choose to either accept or reject MPA’s recommendation. If we reject it, then we as the City take on the full, potential liability costs.”

However, Barbanica later said, “The city attorney chose from a list of attorneys provided by the pooling authority.”

Questions for City Attorney, Acting City Manager, Interim Police Chief Go Unanswered

The background information shared above, and the following questions were sent Tuesday night to City Attorney Thomas L. Smith, Acting City Manager Kwame Reed and Interim Police Chief Brian Addington:

“Who represented the City in court against the lawsuit by Angelo Quinto’s family including the names of the law firm and attorneys?

If the case had not yet been presented to a jury, were there any preliminary rulings by a judge in favor of Quinto’s family?

Why settle if all the facts were in favor of the Antioch Police officers?

What were the determining factors by the Municipal Pooling Authority, CARMA and ERMA which caused them to recommend settlement instead of defending the City and why that amount?

Were any of the officers who responded to the Quinto home subjects of either the FBI investigation into ‘crimes of moral turpitude’ or the racist text scandal? If so, was that the reason for the settlement, the fear a jury would side against those officers and in favor of Quinto’s family?

What language is included in the settlement? Does it claim culpability by the officers?

According to then-Police Chief Tammany Brooks, Quinto was not in custody at the time he died in the hospital on Dec. 26, 2020. Is that correct? If not, when did that information get changed?”

They were also asked for copies of both the lawsuit and any and all settlement documents.

They did not respond prior to publication time. Please check back later for any updates to this report.