8 of the challenged ballots were not cured; results now certified; possible recount could be costly

“I don’t think I can do this without you…I want to partner with you” – Torres-Walker to Motts

By Allen D. Payton

After waiting weeks for the ballot counting to be completed, including a hand count, a change in the lead then a tie as of last Wednesday, Nov. 23, and 19 challenged ballots that required curing, the Antioch City Council race in District 1 has been decided. Incumbent Councilwoman Tamisha Torres-Walker beat challenger and former Councilwoman Jot Motts by just three votes. The final results according to the Contra Costa County Elections Division Torres-Walker ends with 1,467 or 34.36% and Motts has 1,464 votes or 34.29 percent of the vote. Diane Gibson-Gray ended the race with 1,339 votes or 31.26% to round out the close contest.

Following the hand count of the ballots at the county elections office on Thursday, the two candidates who were waiting and watching the hand count at the county elections office, along with one supporter, each, made brief comments, hugged and spoke with each other.

“It’s been a long haul,” Torres-Walker said with a laugh.

Speaking with Motts she said, “I don’t think I can do this without you. You love Antioch and I want to partner with you. I don’t know what people downtown want. You do. I want you to tell me, advise me and I want to work with you.”

A disappointed Motts agreed to then said about the election results and the hand ballot count, “I really appreciate they did this, that they took the extra time.”

Possible Recount Could Be Costly, 8 Challenged Ballots Not Cured

Regarding questions and discussions by some Antioch residents and others of a recount with the results so close, Assistant Registrar of Voters Helen Nolan said, “Anyone can ask for a recount, but they have to be willing to front the money to pay for it. The daily cost is anywhere from $2,500 to $10,000. It depends on the method the requester wants.”

“Yesterday, we used printed images of every ballot,” she explained. “A recount would not be dissimilar. We could use the images of the ballots which would take less time and cost less. The most expensive way and would take the longest time is if we have to pull the paper ballots from the stored ballots. That’s because we don’t store them by precinct anymore. They’re stored in batches as they came in. So, among the 1.3 million ballot pages from this election we’d have to find 4,500 ballots with the District 1 election votes on them.”

“If the election is overturned, they receive a refund,” she added.

Asked what difference another hand ballot count would make Nolan responded, “It wouldn’t. We’d be looking at the same ballots as we did, yesterday.”

However, during Thursday’s hand count the elections staff used copies of images of the ballots that had been scanned into the machines, not the actual ballots.

Elections Division Voting Systems Manager Travis Ebbert showed those watching yesterday’s count “three ballots that were adjudicated and required a human to make the decision,” Nolan explained. “We separate them by votes and anything you can’t tell they’re adjudicated and the vote determined. The two included votes for both candidates but the person had marked it out. That removed one vote each. The third one was either an overvote or it could have been a vote for either candidate and Tamisha still wins.”

“We went through all the ballots including the 11 out of the 19 challenged ballots were cured since Nov. 23,” she continued. “The other eight ballots remain challenged.”

“We didn’t get a letter back and we weren’t able to cure them,” Nolan stated. “Those were not counted, nor will those ballots be opened during a recount.”

“We’re required to keep everything for this election for 22 months,” she shared.

Asked about the latest vote totals on the Elections Division website Nolan said, “Those are the final numbers. We will be certifying them, today. But those numbers will not change.”

Results Certified

In a press release Friday afternoon, it was announced that Contra Costa County Clerk-Recorder-Registrar Debi Cooper certified the results of the November 8, 2022 General Election today.

“Our elections team has once again administered an accurate, transparent, safe and secure election for Contra Costa County.  This team of expert staff made a very complicated and technical process look easy – it isn’t,” Cooper said. “I am proud of this talented group, who make democracy happen for Contra Costa voters and provide incredible service.  This includes: permanent staff, temporary workers, poll workers, and volunteers. I want to thank each of them for their hard work and civic service.  It is my honor and privilege to certify my last election as the head of this department.”

The Elections Division conducted the canvass to complete the official count of all qualified ballots and to perform audits to verify the tabulation equipment performed as intended.

The purpose of the canvass accomplishes four primary tasks: ensuring that every eligible ballot is counted, that voters only voted once, that proper procedures were followed, and that the vote tabulation system counted ballots properly.

The final turnout for this Primary Election totaled 394,153 ballots cast, representing 56.15% of the 701,969 registered voters of Contra Costa County.

The final official report for this election is now posted on the Contra Costa County Elections website at www.contracostavote.gov.

Based “on a legal and factual determination — and not an elective, optional, or discretionary one.”

Contra Costa County District Attorney Diana Becton issued the following statement on the charging decision of Ronald Benjamin Jackson, III who was arrested for robbing an Antioch gas station convenience store and killing the clerk, James Williams while exchanging gunfire on Sunday morning, Nov. 26. (See related articles here and here)

“The family, friends, and loved ones of James Williams are understandably devastated by the shocking news of his death in a gun battle at the Chevron station in Antioch on November 26th — where he worked as a store clerk. Our sympathies and condolences go out to those closest to him.

The Contra Costa County District Attorney’s Office declined to file murder charges in this case solely on a legal and factual determination — and not an elective, optional, or discretionary one. It was based upon an established law that clearly states a person cannot pursue another to retrieve stolen property once the threat of bodily injury or harm to the victim has subsided.

The video evidence of the incident clearly shows Ronald Benjamin Jackson, III, and another suspect exiting the Chevron station convenience store after the robbery and running from the scene. Mr. Williams is also seen in the video footage leaving the Chevron station store with a firearm while running after the robbers. Mr. Williams then fired upon Mr. Jackson, hitting him in the leg while he was fleeing and causing him to fall to the ground. Mr. Williams continued to approach Mr. Jackson with his firearm pointing at him when Mr. Jackson fired shots at Williams hitting him twice. Once in the chest and in the leg.

In the eyes of the law, Mr. Williams’ actions ceased to be self-defense when Mr. Williams pursued Mr. Jackson and the other suspect with a firearm — and continued to pursue Mr. Jackson after he shot him.

The legal distinction is clear: when your property and life are being threatened, an individual is legally justified in using deadly force in self-defense. However, once the threat of harm has dissipated, the victim of a property crime cannot then use deadly force to reclaim stolen property.

However, the reality of Mr. Williams’ tragic death will be a substantial factor in the DA’s position in asking for greater penalties in the sentencing of the defendants.

Diana Becton, District Attorney of Contra Costa County”

Allen D. Payton contributed to this report.

By Allen D. Payton

Both Deer Valley High School and nearby Diablo Vista Elementary were placed on lock down due to the report of a weapon on the high school’s campus Friday. But the report turned out to be false and normal schedules at both schools have resumed and police officers remain in the vicinity.

According to Antioch Unified School District Superintendent Stephanie Anello, the following messages were sent to parents and staff:

“Good afternoon,

This is Mr. Lewis, Principal of Deer Valley High School. A short time ago, an individual claiming to be a Deer Valley student called the Antioch Police Department and reported that a non-student was on campus with what appeared to be a weapon. Officers were immediately dispatched, and the school initiated a lockdown. APD and administration conducted a thorough search of the campus using officers and a drone. No individual was located on campus matching the description given by the alleged student. We have also confirmed that there is no student at Deer Valley with the name the alleged student gave to APD. At this time, APD has lifted the lockdown and students are resuming their normal schedules. Out of an abundance of caution, APD will have officers in the vicinity of the school for the remainder of the school day. As always, please do not hesitate to contact us should you have any questions, etc. Thank you for your support.

“Good afternoon,

This is Ms. Bausola, Principal of Diablo Vista. A short time ago, an individual claiming to be a Deer Valley student called the Antioch Police Department and reported that a non-student was on campus with what appeared to be a weapon. Officers were immediately dispatched and the school initiated a lockdown. Out of an abundance of caution, Diablo Vista initiated a lockdown as well. Both APD and administration did a thorough search of the campuses.  No individual was located on either campus matching the description given by the alleged Deer Valley student who called APD. At this time, APD has lifted the lockdown and students are resuming their normal schedules. Out of an abundance of caution, APD will have officers in the vicinity of the school for the remainder of the school day. As always, please do not hesitate to contact us should you have any questions, etc. Thank you for your support.”

 

Clerk identified, shot first; police seek second unidentified suspect

By Allen D. Payton

The Antioch Police Department announced on Wednesday the arrest of Ronald Jackson, III (corrected from the original police report he was Ronald Jackson, Jr.) for the robbery and shooting death of a Chevron gas station and convenience store clerk in Antioch on Sunday morning, Nov. 26.

The Investigations Bureau presented this case to the Contra Costa County District Attorney’s Office, and he has been charged with robbery, possession of stolen property, and a firearm enhancement.

The department’s new public information officer, Ashley Crandell identified the clerk as 36-year-old James Williams of Antioch. He was shot while exchanging gunfire with the two suspects.

According to Contra Costa District Attorney’s Office PIO Ted Asregadoo, “gunfire was exchanged, one suspect is in the hospital and an arrest warrant with charges for second degree robbery (PC211), receiving stolen property with a value over $950 (PC496A) and an enhancement (PC12022.53B) for personal use of a firearm in a robbery was filed with the court today (Wednesday).”

Crandell confirmed there were two suspects and the one in the hospital is suffering from gunshot wounds. The other suspect who police have not yet identified is still at large. She confirmed the clerk shot first as the suspects were leaving the convenience store.

During a press conference Wednesday night, Crandell said, “Williams chased after the suspects in the parking lot and shot after both of the suspects.” He hit Jackson in the leg and “Jackson then returned fired striking our victim, James Williams in the chest and the leg.” Williams “was pronounced deceased at the scene after going back into the gas station where he had collapsed.”

“Mr. Jackson showed up at a house in the 2800 block of Seville Circle where that resident had called the police – approximately 12 minutes after the incident – and advised that someone had been shot there. We also responded to that location and Mr. Jackson was transported to a local hospital where he is still being treated for his injuries. He is in stable condition at that hospital.”

“The second suspect has not yet been identified but he has been described as an unknown raced male wearing red clothing. We do not have a vehicle description at this time to provide,” she added.

She said the police will not release, at this time, how many shots were fired in the parking lot.

The suspect is known to the Antioch Police Department, but Crandell would not share any additional details.

“We do have surveillance video, but we are not releasing it at this time,” she stated.

The suspects “took some kind of U.S. currency,” but Crandell wouldn’t say how much. When asked if both suspects are Antioch residents she said, “that we are not going confirm that at this time.”

Anyone with information is asked to call the Antioch Police Department non-emergency line at (925) 778-2441, or Detective Adam Duffy at (925) 779-6890 or aduffy@antiochca.gov. You may also text-a-tip to 274637 (CRIMES) using the key word ANTIOCH.

East County Today contributed to this report.

Offer their keys to long life

By Elena Patchin, TreVista Senior Living Antioch

Our Amelia Smith turned 102 on October 8, 2022. She was born Amelia Lopes on October 8, 1920, in Vacaville. The family moved in 1936 to Brentwood where they bought an almond farm. She worked in the farm’s store and was the only sibling who graduated from Liberty High School in 1940.

Amelia married Buzz Smith who also worked in the farm during World War II. They had a daughter in 1948. Amelia is a grandmother and great-grandmother.

Asked her what the secret of long life, Amelia replied “work hard for the people you love and love them with all your heart.”

Then on November 5, Antioch resident Maurice Lynch turned 103 years old. He was born on November 5, 1919 and is a long-time Antioch resident.

Before his birthday, we asked Maurice what he wanted for this special birthday? He said he wanted to see his daughter who lives out of state, moreover, that he wanted to celebrate his birthday with the whole family at Smith’s Landing in Antioch.

Well, this incredible organization called An Elderly Wish Foundation heard about Maurice’s wish and they made it happen! They brought his daughter and the rest of the family to him, treating everyone to an amazing dinner at Smith’s Landing to celebrate his 103rd birthday. He was over the moon.

He told us that his goal is to reach 105. When we asked him what the key to a long life is, he said, “love your family, work hard, and be kind to others.”

Way to go Maurice! A big thanks to An Elderly Wish Foundation for making this birthday a night to remember.

Allen D. Payton contributed to this report.

By Allen D. Payton

Antioch residents Dennis and Lanette Clarke opened their home to the Herald, recently to share their extensive Christmas decorations and nutcracker collection. The nutcrackers are everywhere in the entryway, living and dining rooms and hanging all over their Christmas tree. Then in their family room they have on display a fun and fabulous collection of miniature, operating carnival rides. Enjoy a look at their collections and see a video of the carnival ride display on the Antioch Herald Facebook page.

Fabulous Feet Dance Studio presents their Winter Ballet Performance of “Alice in Winter Wonderland” Sunday, Dec. 18 at Heritage High School in Brentwood. The ballet begins at 4:00 p.m.

Artistic Directors Kimberley Karbowski and Denise Williams.

Tickets are $20 each and available at Eventbrite.

For more information about the studio visit Fabulous Feet Dance Studio or their Facebook page.

The ‘EAGLE’ Act would revise portions of the Immigration Act of 1990 allowing more foreign workers to fill U.S. tech jobs

Co-sponsored by three Congressmen currently representing or will represent Contra Costa County – Thompson, Swalwell and Garamendi

By Joe Guzzardi, Progressives for Immigration Reform

Like the proverbial bad penny that keeps reappearing, lousy immigration bills are hard to kill off. Consider the EAGLE Act of 2022, also known as Equal Access to Green Cards for Legal Employment, or formally recognized as H.R. 3648. The newest proposed legislation is another iteration of the Fairness for High-Skilled Immigrants Act. Although it passed the House by a 365-65 vote, eventually it stalled in Congress.

Introduced by immigration lawyer, amnesty advocate, enforcement foe and expansionist champion Rep. Zoe Lofgren (D-Calif.), the new and the old versions of her proposed legislation both share the same ruinous-to-U.S. tech workers’ feature: the legislation would rob thousands of U.S. tech workers of access to well-paid, white-collar, high-skilled jobs in the science, technology, engineering and math fields, STEM jobs for which they are fully qualified.

Along with her like-minded congressional allies that include Rep. Tom Emmer (R-Minn.), who was just elected as House Majority Whip for the 118th Congress and thus became the third highest ranking Republican in the House, Lofgren has scheduled a vote on the EAGLE Act, which has bipartisan support, when Congress returns from its Thanksgiving recess.

Briefly explained, the EAGLE Act would dramatically revise portions of the Immigration Act of 1990. Almost any alien who has been on the visa waiting list for at least two years with an approved petition for an employment-based green card could apply for adjustment of his status which then wouldn’t count against existing numerical caps. Stated another way, employers can sponsor a temporary foreign-born worker for an H-1B nonimmigrant visa and convert that worker to permanent by merely sponsoring him for a green card. Aliens go from temporarily present to permanent residents. With the stroke of a pen, job searches become more challenging for U.S. tech workers – Congress’ twisted idea of sound legislation.

The bill also eliminates the per-country caps for employment-based visas, which means that within about a decade Indian and Chinese nationals will receive virtually all such visas, especially the H-1B; other countries’ nationals would have an uphill climb to obtain a visa. Under current law, no countries’ nationals can comprise more than 7 percent of any visa category. This provision ensures that skilled workers from around the globe have an opportunity to come to America. The EAGLE Act, however, seeks to entirely remove all caps from employment-based visas and more than double the existing family-preference visa from 7 percent to 15 percent, a hike that would, because of family reunification, ensure significant population surges. The proposed visa cap elimination is ironic because Lofgren and the EAGLE Act’s cosponsors claim to embrace diversity, but the bill heavily favors Chinese and Indian citizens to the exclusion of most others.

Moreover, dependent children of the aliens granted the new status would be allowed to retain their legal standing, a form of amnesty, as dependents of their parents for the duration of the green card application process; they would be protected from aging out while their parents move up in the backlog. An estimated 190,000 minors would be protected.

Time was when Democrats purported to care about America’s minority workers. But their empathy toward U.S. workers is long gone, and is now redirected to foreign nationals, particularly Chinese and Indians. Blacks, Hispanics and other minorities aspire to IT jobs, too. But they’ve had little luck in obtaining those coveted STEM jobs. Pew Research found that Black workers make up 9 percent of the STEM workforce, while Hispanics also comprise about 9 percent. The low STEM representation among Blacks and Hispanics is largely unchanged from 2016.

For rational thinkers, few and far between in Congress, a push for liberalized immigration laws and amnesty in light of the border surge and its 2 million-plus encounters in 2022 is beyond the pale. But those sound-of-mind types don’t understand the congressional mindset; nothing stops its amnesty drive. And if the EAGLE Act doesn’t get Senate approval, Lofgren always has the option to attach it to a must-pass Omnibus bill. With the 118th House about to transfer into GOP hands, EAGLE Act supporters view December as their last chance to subvert U.S. tech workers.

Joe Guzzardi is a nationally syndicated newspaper columnist who writes about immigration and related social issues. Joe joined Progressives for Immigration Reform in 2018 as an analyst after a ten-year career directing media relations for Californians for Population Stabilization, where he also was a Senior Writing Fellow. A native Californian, Joe now lives in Pennsylvania. Contact him at jguzzardi@pfirdc.org.