Won’t say who sent the report or to whom; issues further redacted second report
By Allen D. Payton
After a second, 14-page investigative report on Antioch Police Officers’ racist texts was leaked and posted on social media on Saturday, April 15, questions were sent to DA’s Office PIO Ted Asregadoo that day asking to whom the report was sent, why it was prepared separately from the 21-page report, why it wasn’t sent to the media and was it intended to be shared with the media. He was also asked how the East Bay Times obtained it earlier in the week, was it leaked by someone in the DA’s Office and if so, who. Finally, Asregadoo was asked if there is an investigation in the DA’s Office to determine who leaked the 21-page report and this other, 14-page report.
Asregadoo responded Monday morning, “Our inspectors have investigated the matter and determined someone outside of our organization disclosed the reports to the public and press.”
He was then asked again, to whom were the redacted reports sent from the DA’s Office and who sent them.
Asregadoo also sent out the following press release about the matter, and provided a further redacted copy:
“The Contra Costa District Attorney’s Office has made a second investigative report available to the public. Like the previous report, this one also details texts and images sent and received by certain members of the Antioch Police Department in March 2021.
On April 7, 2023, the court ordered the DA’s Office to disclose redacted investigative reports to defense attorneys representing clients in a felony criminal case. The judge issuing the order reminded defense counsel about the sensitive nature of the content of the reports and urged caution in its distribution beyond the parties involved in the criminal case. The District Attorney’s Office agreed with the court advisory — as the documents contained explicit words and images that are hurtful, offensive, and inflammatory.
Media interest in accessing the second report increased over the weekend when a copy of it was leaked to the press and public by an individual or group outside of the DA’s Office.
Like the 21-page report that the DA’s Office made available on April 13, 2023, a redacted copy of a 14-page investigative report is available to view. The DA’s Office added further redactions to balance public interest with the sensitive nature of what is contained in the report.
To view or download the redacted report, click here.”
George Walter Pack, aged 94, passed away peacefully on Tuesday, March 28, 2023, at his homme in Long Beach, California.
George was born on August 12, 1928, in Los Angeles, California, the son of Fred Pack and Elsie Pack (Lake). He had one sister, Beverly Wamsher, and two brothers, Jim Brennan and Patrick Brennan. His parents and all of his siblings preceded him in death.
On June 6, 1948, George married the love of his life, Edith Garcia, and they resided in various California cities until finally settling in Antioch, California, 31 years ago. They were married for 69 years when Edith passed away on April 8, 2017. They had seven children, Donald (Lillian), Robert, Janet Killian (Jim), Diana Ramirez (David), Vera McIntire (Ray), George Jr. and Donna Jordan (Mark). He also had 16 grandchildren, 36 great grandchildren and 4 great, great grandchildren.
George worked at several different professions over the years, He was a tile setter, truck driver, modular furniture business owner and a roofer. He loved playing pool at the Antioch Senior Center, and he was the President of the San Francisco Golden Gate Archers in the 1980’s. He was an excellent archer, and he supported many of his club members in their quest to make the Olympic team.
Most of all, he was a loving husband, father, grandfather, friend, and a kind-hearted person. He will be loved and missed by his family always.
His funeral services will be held on Friday, April 21, 2023, at 11:00 am, at Oak View Memorial Park Cemetery at 2500 E. 18th Street, Antioch, California 94509. The reception will immediately follow the funeral at his granddaughter’s house, Bobbi Green, at 2111 Portside Court, Discovery Bay, California 94514.
David Dewey Whitfield-Pearson was shot and killed in April 2017. Antioch Police released a sketch of the suspect. Photo courtesy of the Whitfield-Pearson family.
As previously reported, on Sunday, April 2, 2017, at approximately 8:00 PM, a black male was shot on K Street near West 8th Street in Antioch. The victim was transported to a local hospital where he later succumbed to his wounds. During the investigation, detectives were able to have a sketch completed of a suspect involved in this homicide. The male pictured was described as possibly being a white male adult, in his mid-20s to early 30s, with short hair.
The victim, David Dewey Whitfield-Pearson born on June 30, 1994 and died on April 3, 2017 at the age of 22. He was a 2011 graduate of Pittsburg High School, worked for the Contra Costa County Fairgrounds and lived in Antioch at the time of his death.
According to his parents, David’s murder is an Antioch Police Department cold case and there have been no further police updates nor information regarding the drive by shooting and his subsequent death. They’re asking for help from police and the public in finding the suspect.
Anyone with information regarding this case is encouraged to call Detective Gonzalez with the Antioch Police Department’s Violent Crimes Unit at (925) 779-6923. You may also text a tip to 274637 (CRIMES) using key word ANTIOCH.
In Memoriam: A Celebration of Life of David Dewey Whitfield-Pearson
David Dewey Whitfield Pearson was born in San Diego, California on June 30, 1993 to David Whitefield Pearson and Martha A. Armenta. David gave his life to God to while attending church with his grandmother, Hazel at the Bayview Baptist Church. Later in David’s youthful life during middle school, David decided to join a positive church family that supports the commitment to ensuring that Biblical principles are the foundation of every aspect of their program through a Christian based curriculum. David grew up to be a free thinker and a very dedicated believer in God and the good in all.
David was a gift from God, as David brought comfort to our family just by his smile. David’s two grandmothers’ love of David knew no bounds, as did his Uncle and Aunty. As the majority of the family would agree, David was a very special treasure to be with as they traveled together throughout the USA, Mexico and Europe during David’s adolescent.
David was very persuasive and, not to mention, handsome. A tall caramel King with defined features David attended secondary school and college in Pittsburg California. Growing up David was very involved in the San Francisco community citywide, from setting up fairs to helping at local, state and national events. David has touched many lives, not only have we lost a brother, but our community has lost an important member. His memories live on through the love we show each other and our community.
To cherish his memory David leaves behind his two daughters, Rachel and Nevaeh; his mother and father Martha and David Whitfield Pearson; two sisters and one brother.
The family of David Dewey Whitfield-Pearson wishes to express their sincere gratitude and thanks for the many acts of kindness shown to them during their time of bereavement and five years later after his murder remains unsolved within a City of concerns community practices or the lack thereof- Antioch CA. May God bless and keep each and every one of you.
Interment: City of Benicia Cemetery.
An effort to obtain an update on the cold case investigation from the Antioch Police Department was unsuccessful prior publication time.
In response to the release of the DA’s report on racist and other offensive text messages by Antioch Police Officers, Mayor Lamar Thorpe has called a special council meeting for next Tuesday, April 18, 2023 to discuss three police department matters. The meeting will be held at 5:00 p.m. Because it’s a special meeting there will be no general Public Comments allowed at the beginning or end. The public can only speak on the three items on the agenda which are listed as follows:
1. AUDIT OF THE ANTIOCH POLICE DEPARTMENT’S INTERNAL AFFAIRS PROCESS Recommended Action: It is recommended that the City Council discuss, receive public comments, and provide direction to staff.
2. AUDIT OF THE ANTIOCH POLICE DEPARTMENT’S HIRING AND PROMOTIONAL PRACTICES Recommended Action: It is recommended that the City Council discuss, receive public comments, and provide direction to staff.
3. EQUITY AUDIT OF THE ANTIOCH POLICE DEPARTMENT Recommended Action: It is recommended that the City Council discuss, receive public comments, and provide direction to staff.
No details are provided for each of the agenda items.
Thorpe was asked why the meeting will be held at 5:00 p.m. when most people who commute to work will not be in Antioch, yet which will limit public participation and why not hold it at the regular 7:00 p.m. time of regular meetings. He was also asked what an Equity Audit means. He did not respond by publication time.
Claims “At least 45 APD officers were on the text chains”
“I request you immediately dismiss all pending Public Defender cases involving APD, agree to release our incarcerated clients, and cease filing any APD related cases.”– Public Defender Ellen McDonnell
“Text messages… reveal a deeply entrenched, department-wide culture of racism, homophobia, targeted violence against Black people, selective enforcement of laws against Black people, fabrication of evidence, and utter disregard of civil and human rights.”
By Allen D. Payton
INVESTIGATIVE REPORT
In response to the reports of Antioch Police Officers’ racist texts released this past week, Contra Costa Public Defender Ellen McDonnell sent a letter to DA Diana Becton on Friday, April 14, 2023, requests she “dismiss all pending Public Defender cases involving APD, agree to release our incarcerated clients, and cease filing any APD related cases.” See related articles here and here)
McDonnell had previously asked Becton to pause all criminal filings and prosecutions of the Antioch officers involved in the text scandal and investigation. Now, based on the additional information that more officers including department leaders were included in the text messages exchanged, she’s requesting much more.
I am in receipt of redacted versions of Contra Costa County District Attorney Senior Inspector Larry Wallace’s investigative reports.1 The Antioch Police Department (APD) text messages discussed in the reports reveal a deeply entrenched, department-wide culture of racism, homophobia, targeted violence against Black people, selective enforcement of laws against Black people, fabrication of evidence, and utter disregard of civil and human rights. At least forty-five APD officers2 were on the text chains disclosed thus far. The officers run the gamut from patrol officers to lieutenants. Of the twelve non-CSO senior officers3 in APD’s investigations bureau4, eleven were recipients or active participants in the text chains. The president of the Antioch Police Officers Association, an APD sergeant, was actively involved. Even the internal affairs sergeant participated in the group sending these vile text messages.
At least sixteen of the forty-five officers are in leadership roles at APD as detectives, sergeants, and lieutenants showing they endorsed and shared in these views.
The public simply cannot have trust or confidence in any criminal prosecution involving APD. No one should be charged with a crime based on the report of a police department so thoroughly riddled with corruption. I request you immediately dismiss all pending Public Defender cases involving APD, agree to release our incarcerated clients, and cease filing any APD related cases.
Following up on my March 30,2023 letter, incorporated by reference, I request you identify all law enforcement officers involved in the text messages (whether as active participants or recipients), as well as all Public Defender and Alternate Defender pending and closed cases where the officers were involved in the investigation. I also request that you provide unredacted copies of Inspector Wallace’s reports and further disclose all of the text messages themselves.
The vile text messages were apparently discovered while investigating other acts of moral turpitude by members of APD and the Pittsburg Police Department (PPD). News reports have characterized the acts being investigated as “using cocaine and steroids, cheating on tests or misrepresenting their own training, and assaulting people, among other offenses”5 and “trying to fraudulently obtain college degrees in order to collect pay bumps.”6 At least one PPD officer has been charged with selling AR-15 firearms. {People v. Armando Montalvo, Contra Costa Superior Court docket no. 01-22-02142.)
News reports indicated a grand jury was convened and indictments were expected in or around December 2022.7 It has now been over a year since the news first broke of your office’s joint investigation with the Federal Bureau of Investigations of criminal conduct by APD and PPD police officers. I request information regarding the status of this investigation and its estimated end date.
Following up on my March 28, 2022, letter, incorporated by reference, I request you identify all APD and PPD officers that were or are being investigated for crimes of moral turpitude, as well as all Public Defender and Alternate Defender pending and closed cases where the officers were involved in the investigation. I further request you provide police reports and other investigative materials without insisting on a protective order. The extent of the hatred and lawlessness that has recently been revealed within APD is unfathomable. Continuing to prosecute the victims of APD’s targeted, violent, racist policing while simultaneously shielding the officers’ identities and the full extent of their misconduct and criminal activities is manifestly unjust. I request immediate full discovery and complete transparency. Please see the attachment for a specific list of items requested.
Thank you in advance for your assistance and cooperation with this matter. If you have any questions about this request, please let me know. I look forward to discussing this matter with you on Monday, April 17 at 1:00 p.m.
Sincerely,
Ellen McDonnell
Public Defender
Contra Costa County
1 Nos. 01-1046493/21-001905, dated March 28, 2023, and 013-1046493, dated March 27, 2023.
2 As of March 14, 2019, APD’s roster contained 115 staff. Assuming the current roster is similarly sized and consists entirely of sworn officers, approximately 40% of APD officers are party to the text message chains.
3 Nine are detectives, two are sergeants and one is a lieutenant.
Attachment to April 13,2023 Letter to Diana Becton – Discovery Request
This discovery request is made pursuant to the United States Constitution, Amendments V, VI, and XrV; Brady v. Maryland (1963) 373 U.S. 83 and its progeny; California Penal Code section 1054,1; and California case law. The requested material does not constitute personnel records protected by Pitchess, as it was not generated in coimection with appraisal or discipline, was generated independently of internal investigation, and arose in the context of a criminal investigation. {Pasadena Police Officers Association v. Superior Court (2015) 240 Cal.App.4th 268, 287-288, 292; City of Eureka v. Superior Court (2016) 1 Cal.App.5th 755.)
Please provide the following materials:
1. A list of all Antioch Police Department (APD) and Pittsburg Police Department (PPD) officers being investigated by Contra Costa District Attorney’s Office and/or the Federal Bureau of Investigations for acts of moral turpitude;
2. Investigative reports, recordings, videos, phone records, and/or any other materials gathered during the course of the investigation, in complete and unredacted form, without any limiting protective order;
3. A list of all law enforcement officers involved in the text chains that were discovered by your office during the investigation of acts of moral turpitude, and the agency each officer is employed by;
4. Unredacted copies of any reports regarding the text messages, including but not limited to Contra Costa County District Attorney Senior Inspector Larry Wallace’s reports;
5. Copies of all the text messages discovered to date, including any that may have also been sent or received by PPD officers or officers in any other law enforcement agencies;
6. Any other investigative reports, recordings, videos, phone records, and/or any other materials gathered during the course of investigating the text messages, in complete and unredacted form, without any limiting protective order;
7. A complete list of all pending and closed Public Defender and Alternate Defender cases in which the officers engaged in the text messages, whether as recipients or active participants, and/or under investigation for crimes of moral turpitude, were involved;
Please consider this request as ongoing. As your office obtains new material, please continue to provide complete, unredacted discovery and provide an updated list of affected cases.”
Questions for DA Becton, Antioch Police Chief Ford
Becton and Antioch Police Chief Steve Ford were asked via email Saturday afternoon if they had responses to McDonnell’s request.
4/17/23 UPDATE: DA’s Office PIO Ted Asregadoo responded Monday morning, “DA Becton and PD McDonnell are scheduled to meet this afternoon at 1 pm at the DA’s Office on Ward Street in Martinez.”
Please check back later for any additional other updates to this report.
Focuses on Officer Eric Rombough, involves seven others including sergeant, detective, plus, U.S. Postal Inspector
“Nice babe, another one for the mantle.” – from an unidentified person in response to Rombough bragging about beating and shooting one of the suspects with a non-lethal weapon
WARNING: Contains offensive language
By Allen D. Payton
Another report by Larry J. Wallace, Senior Inspector with the Contra Costa County District Attorney’s Office was leaked and posted on social media on Saturday, April 15, 2023 about the two suspects and the eight Antioch Police Officers involved in a murder case, plus, a U.S. Postal Inspector, and their racist and other offensive texts. Some of the texts were included in the previously released 21-page report dated March 27, 2023.
The 14-page report, dated March 28, 2023, focuses on the “text messages derived from the personal cellular telephone belonging to Antioch Police Department (APD) Officer Eric Rombough” and include “conversations between APD Officer Rombough and the following APD Officers regarding an investigation into Teryon Deshon Pugh and Trent Allen in March of 2021: APD Sergeant (Sgt) Josh Evans, Detective Robert Gerber, Johnathan Adams, Scott Duggar, Timothy Manly Willams, Tom Smith, and Brock Marcote.” The report also shows offensive texts between Rombough and U.S. Postal Inspector Francisco Garcia. Many of the texts reveal mistreatment of the two suspects.
Antioch Police Officer Eric Rombough following his hire as a lateral officer from the Alameda County Sheriff’s Office on Feb. 14, 2017. Photo by APD
Examples of Text Messages
On March 20, 2021, the report shows text message exchange between Rombough and Gerber:
At 9:16 p.m., APD Officer Rombough responded, “Bro I can’t wait to forty all of them (“forty” or “40” are references to the deployment of the 40mm less-lethal launcher)”
At 9:16 p.m., APD Detective Gerber text, “Hell yeah.”
The report shows more racist texts sent on March 25, 2021:
At 7:36 p.m., APD Officer Rombough texted, “Well we knew they wouldn’t be by the pool.”
At 7:39 p.m., APD Officer Rombough text, “Look at all the Infiniti’s.”
At 7:40 p.m., APD Officer Rombough text, “And cuz they’re dark black.” APD Officer Adams responded with “(laughing emoji).”
At 7:41 p.m., APD Officer Rombough text, “Gotta get them to smile.”
At 8:02 p.m., APD Officer Rombough continued, “Definitely can’t see them.”
The report reads: On 3/30/202 at 8:22 p.m., APD Officer Rombough text APD Detective Gerber, “This looks like dudes car from his ig.” – a reference to Instagram.
At 8:23 p.m., APD Officer Rombough text, “And he’s chilling at ruth Chris steakhouse”. I hate all of them.”
At 8:24 p.m., APD Detective Gerber text, “Turds… all turds”, a comment that APD Officer Rombough “liked”.
The texts on the final day of the report’s time period included exchanges with an unidentified person who praised Rombough for mistreating suspects and claim by Marcotte that a nurse laughed about a suspect being in pain:
On 03/31/2021, at 8:29 a[sic].m., APD Officer Rombough text “Yeah 40 deployment” and “F-g–t got his ass whooped.”
At 9:09 a.m., (An unidentified person) text, “Nice babe, another one for the mantle.”
At 9:10 a.m., APD Officer Rombough texted, “Murder suspect. In custody and that a–hole made me run.” (An unidentified person) text, “Good thing you fast honey.”
At 9:12 a.m., APD Officer Rombough text, “We managed to setup a perimeter and he ‘got his ass whooped in the back yard and I field goal kicked his head. (An unidentified person) responded, “I thought that was a no no.”
At 9:13 a.m., APD Officer Rombough text, “No we can do that just no chokes” and “I tried to knock him unconscious. And he got muzzle thumped 6 times before he gave us his hands.”
At 9:12 a.m., APD Officer Marcotte responded, “The nurse saw me smiling when he was ‘making noises in pain and she started laughing (laughing emoji).”
At 9:13 a.m., APD Officer Rombough text, “Lmao.”
At 9:15 a.m., APD Officer Rombough added, “What a b–ch.”
At 9:24 a.m., (An unidentified person) texted, “Glad you’re havin fun babe.”
At 9:25 a.m., APD Officer Rombough text, “It was nice after a very boring swat op.”
During this same time, APD Officer Rombough also group text his co-workers, APD Officers Brock Marcos, Timothy Manly Williams, (An unidentified person) and Scott Duggar, (An unidentified person)
At 8:45 a.m., APD Officer Rombough texted the group, “Lol I 40d him right next to his throat.”
At 8:46 a.m., APD Officer Marcotte responded, “Oh f–k” and “Cuz he ducked so fast.”
Later that day the report reads, At 4:43 p.m., APD Officer Rombough replied, “Yup and another f–g-ot in the butt” and “2 for the day.”
At 4:49 p.m. (An unidentified person) responded, “Nice babe.”
Only One Reference to Officers Being Corrected by Department Leader
During an exchange with Rombough on March 31, 2021 the report reads, At 3:11 p.m., APD Officer Adams texted, and “…I forgot that Koch wanted us to stop sending dumb sh-t. Oops.” He was referring to Sgt. Matthew Koch. This is the only text in the report that references any department leader correcting the officers for their offensive texts.
Text Exchange Between Rombough & Postal Inspector Garcia
The text message exchange with Postal Inspector Garcia in the report reads: On 03/31/2021, a 3:10 p.m. APD Officer Rombough text United States Postal Inspector Francisco Garcia, “I 40d and field goal kicked one that fled from us on foot today.”
At 3:11 p.m., United States Postal Inspector Garcia responded, “(laughing emoji)”.
At 3:12 p.m., APD Officer Rombough text, “Bro but my foot f—ing hurts.”
At 5:13 p.m., United States Postal Inspector Garcia asked, “Did you find any guns on any of them?”
At 5:21 p.m., APD Officer Rombough replied, “Sorry we were taking down a second ‘murder suspect and he got 40d too.”
At 5:58 p.m., United States Postal Inspector Garcia texted, “(laughing emoji)….That 40 flag is coming along!! Murica!!”
Questions for DA’s Office
Questions were sent to DA’s Office PIO Ted Asregadoo Saturday afternoon asking to whom the report was sent, why it was prepared separately from the 21-page report, why it wasn’t sent to the media and was it intended to be shared with the media. He was also asked how the East Bay Times obtained it earlier this week, was it leaked by someone in the DA’s Office and if so, who. Finally, Asregadoo was asked if there is an investigation in the DA’s Office to determine who leaked the 21-page report and this other, 14-page report.
4/17/23 UPDATE: Asregadoo responded Monday morning, “Our inspectors have investigated the matter and determined someone outside of our organization disclosed the reports to the public and press.”
He was then asked again, to whom were the redacted reports sent from the DA’s Office and who in the DA’s Office sent them out. Asregadoo later sent out a press release about the matter with a further redacted copy of the 14-page report.
By Ted Asregadoo, PIO, Contra Costa District Attorney’s Office
As part of National Crime Victims’ Rights week in April, the Contra Costa District Attorney’s Office is actively seeking Community Safety Panelists for the Neighborhood Restorative Partnership (NRP) to help survivors of crime recover from the trauma they have experienced. (See related article)
“Victims of crime are often the last ones to receive help in terms of counseling and other resources,” District Attorney Diana Becton noted after analyzing the state budget. “California spends around $50 billion a year on law enforcement, prisons, and county jails. However, for victim-centered services and programs, the state only spends around $100 million.”
The NRP is a community-based program that prioritizes victims. Its goal is to help victims heal and rebuild their lives after suffering from the effects of crime. The program was initiated by the Contra Costa County District Attorney’s Office as a program that moves beyond a one-size-fits-all approach to crime.
NRP addresses low-level misdemeanors, such as vandalism, alcohol control violations, and other quality of life crimes by partnering with members of the community as Safety Panelists. Panelists are chosen through an application and screening process. They receive training at the DA’s Office and are then empowered with the authority – pursuant to PC 14150-14156 — to mediate certain types of misdemeanor offenses.
Safety Panelist Susan Hildreth said the NRP program “is a great opportunity for community members to work together in a safe, open and confidential setting, to achieve positive outcomes or victims, participants, and the community.”
Contra Costa residents interested in becoming a Community Safety Panelist can apply here. Email completed applications to: DA-NRP@contracostada.org, or by mail to the Contra Costa District Attorney’s Office, Attn: Janet Era, Neighborhood Restorative Partnership, at 900 Ward Street, 2nd Floor, Martinez, CA 94553.
