Effective last Friday, will receive severance package

“this gives a new opportunity for the new city council to build a team and move forward and stop dwelling on the past.” – District 3 Councilman Don Freitas

By Allen D. Payton

Following the two-and-a-half hour Closed Session meeting by the Antioch City Council last Friday, January 17, 2025, during which they took no action on the performance, discipline, dismissal or release of an unidentified City employee, believed to be City Attorney Thomas L. Smith, it was announced Tuesday, January 21, that he had resigned effective that date.

A press release issued by City Manager Bessie Scott reads simply, “Antioch City Attorney Thomas Lloyd Smith has resigned effective January 17, 2025. Derek Cole, of the law firm Cole Huber LLP, will serve as the Interim City Attorney until a permanent City Attorney is appointed. The City Council would like to express its gratitude to Mr. Smith for his service and dedication to our city over the past five and a half years and wish him well in his future endeavors.”

Efforts to reach Mayor Ron Bernal for comment were unsuccessful. But District 3 Councilman Don Freitas, who called for Smith’s termination during the Dec. 10th oath of office council meeting, shared some details about the resignation.

“As I said at the Dec. 10th meeting, this gives a new opportunity for the new city council to build a team and move forward and stop dwelling on the past,” Freitas said when reached for comment.

Asked if they will start a nationwide search he said, “Absolutely. Now that Thomas has resigned and we have an interim city attorney in place, it gives us the opportunity to do a nationwide search for a city attorney.”

Asked if Smith will receive the severance package included in his contract since he resigned, Freitas responded, “Had the city council terminated him he would have received salary and benefits once a month for 12 months until he found another job. Part of the decision to let him resign was, he will receive the severance package. The city council had a choice. Moving forward was the possibility of terminating him which would make him eligible for the package. He has been with the city for six years. He asked that we give him the severance so, he could leave with dignity.”

“He has served the city for six years and it’s the desire of the city council to move in a new direction, so we felt that was the correct thing to do,” the councilman added.

“There was no reportable action because there was no vote, as he resigned,” Freitas added about was reported out by Bernal at the end of last Friday’s meeting.

About the interim city attorney, Freitas said, “My recollection is, Mr. Cole was very good at responding to requests for information. Transparency is critical and we want to make sure that when requests for information are made that they fulfill them as expeditiously as possible.”

Cole will have two assistant city attorneys to work with. According to his LinkedIn profile, Cole has been partner of his law firm since 2007 and received his law degree from McGeorge School of Law at the University of the Pacific in 1999. He earned a B.A. in pre-law from U.C. Santa Barbara.

Smith’s Background

As previously reported, Smith was hired in February 2019 on a 5-0 vote of the city council as Antioch’s first African American city attorney. He worked for law firm, Meyers-Nave, which was hired many times by Smith’s office, including for the defense of the lawsuit by the natural gas pipeline owners. While at the firm, Smith’s practice areas focused on Municipal and Special District Law, Labor and Employment, and Public Contracts. His senior management experience includes managing four departments across all offices of a global corporate law firm with more than 500 attorneys.

He started his professional career as a business analyst for McKinsey & Company in New York.
Smith earned his law degree from Harvard Law School, a Master’s degree in Public Policy at Harvard Kennedy School and a Bachelor of Science in Education, graduating magna cum laude from Seton Hall University.

At the time he was hired, according to his LinkedIn profile, Smith was a founding member of the Oakland Police Commission and served as its first chairperson.

City Attorney’s Responsibilities

According to the City’s website, “The City Attorney is appointed by the City Council as its chief legal counsel and has the following responsibilities:

• Serving as the primary legal advisor and legal representative to the City and City Council. The City Attorney’s Office cannot provide legal services to private citizens.
• Preparing all ordinances and approving contracts.
• Prosecuting all violators of the City ordinances and representing the City in all legal actions and proceedings.

The City Council appoints the City Attorney as its chief legal counsel. “corporate” legal counsel to the City as an entity and advises the City Council and City staff on contractual, regulatory and litigation matters. These matters typically include open meeting and public records laws; conflicts of interests; land use and environmental laws; claims and litigation; municipal elections; employment and labor relations; municipal utilities; procurement and other internal services; code enforcement; and resolutions, ordinances, and other legal documents.

The City Attorney’s Office does not typically prosecute criminal activity other than violations of the Municipal Code in certain situations.”

All had previous arrest records

By Antioch Police Department

We’re back again with another cautionary tale! On Wednesday night, Jan. 15, 2025, this trio of sneaky swindlers entered the Sephora store in the Slatten Ranch shopping center with nefarious intentions.

With empty purses this gaggle of grifters began filling their bags with almost $2,000 in make-up products and left without paying. Luckily for us the Contra Costa Sheriff’s Department was flying their helicopter over our city and watched the suspects enter other stores.

They were unaware that no amount of concealer would save them from the consequences. All three were quickly located and arrested. One of the sticky finger bandits was found hiding under a table in the Champs store like a game of hide and seek.

One had warrants for theft, one was on probation for theft and the other had multiple theft arrests. They were all booked for multiple felony theft charges. As is customary, their car went to car jail too. (See APD Facebook video)

By Jimmy Lee, Director of Public Affairs, Contra Costa County Office of the Sheriff

On Thursday, January 2, 2025, detectives from the Contra Costa County Office of the Sheriff served a search warrant at a residence in Pittsburg. It was part of a continuing investigation into a shooting that occurred at the Contra Costa County Fairgrounds in Antioch on September 16, 2024, where two suspects shot a person during an argument. Detectives found one of them used an illegally manufactured gun in the shooting.

Detectives identified the suspect who was apparently illegally making guns, including assault weapons, as well as illegally selling them. During the search of the suspect’s home, detectives found assault weapons as well as a short barrel rifle. Some of the weapons seized did not have serial numbers. The weapons will be tested to see if they are linked to any shooting or crimes.

The suspect is identified as 27-year-old Diego A. Vasquez-Gomez of Pittsburg. He was booked into the Martinez Detention Facility on charges that include manufacturing of a short barrel gun, manufacturing and selling of an assault weapon, illegal possession of an assault weapon, unlicensed transfer of a firearm and child endangerment.

The investigation is ongoing. Anyone with any information on this case is asked to contact the Investigation Division at (925) 313-2600. For any tips, email: tips@so.cccounty.us or call (866) 846-3592 to leave an anonymous voice message.

From Oakley to Hercules; with help from Contra Costa Sheriff’s helicopter, CHP

Kalil Houston still in custody on $70,000 bail, Isaiah J. Mitchell bonded out

By Oakley Police Department

On January 10, 2025, at 9:44PM, Oakley Police Officer F. Williams was on patrol on Main Street near Bridgehead Road. Officer Williams saw a gray Honda Accord with a license plate reported as lost or stolen and belonging on a Lexus. It was also made known to Officer Williams the same Honda with the same license plate had been used during a robbery in Dublin. Officer Williams was joined by Officer R. Hernandez and they attempted to stop the Honda, but it fled at a high rate of speed onto westbound Highway 4. Officers Williams and Hernandez initiated a pursuit and the Contra Costa County Office of the Sheriff helicopter (STARR) was in the area within a few minutes.

The suspect continued to flee travelling westbound on Highway 4 reaching very high speeds at times. The pursuit continued for several minutes. Due to the nexus of this vehicle to violent crimes, our officers remained engaged in the pursuit all the way to the City of Hercules. The pursuit ultimately ended in the 1900 block of Railroad Avenue when the driver, identified as Kalil Houston (male, 20, Antioch, born 7/6/04) foot bailed from the vehicle. The passenger, identified as Isaiah J. Mitchell (male, 21, Antioch), remained in the vehicle and was taken into custody immediately. Our officers later caught Houston as he was trying to flee the area and took him into custody as well.

Pursuits by their very nature are dangerous and police agencies diligently assess the need to continue them when they occur. Every decision made in a pursuit weighs the seriousness of the incident versus the public’s safety. When a vehicle is associated with a crime(s) of violence, it becomes more critical to apprehend the violator(s).

Our officers found several stolen license plates and a blank key fob in the possession of Houston and Mitchell and fired shell casings could also be seen inside the vehicle. The Honda was towed to be examined for evidence.

During this pursuit, a Black Ford Mustang started pacing our officers, even at the high speeds that were reached, turned its lights off, and tried to block our officers. The driver of the black Mustang intentionally interfered with our officers and placed our officers in a great degree of danger. Our officers will be doing additional follow-up in an attempt to identify the driver of the Mustang.

Houston and Mitchell were both booked into jail for crimes associated with possession of stolen property, conspiracy and felony evading. The Oakley Police Department will be working with the Dublin Police Department in regards to the robbery that occurred in Dublin.

Chief Beard said of this incident, “It does appear as if Houston and Mitchell were going to continue the destructive and violent behavior their vehicle had already previously been involved in. The action of fleeing at high speeds, the propensity to work in concert with others against police officers, having stolen license plates and spent shell casings is not a good look in any scenario. It is my concern a crime of violence was going to be perpetrated against an innocent person(s) in Oakley. I appreciate and respect Officer Williams and Officer Hernandez for keeping the residents of Oakley safe. Officers from the Contra Costa Sheriff’s Office, the California Highway Patrol and the Hercules Police Department all assisted Officers Williams and Hernandez during this incident, and I extend a personal thank you to each of them.

“The experiences of Officer Williams and Officer Hernandez in this investigation underscores the risks American peace officers face everyday. I am grateful for the service of all peace officers who stand between those who wish to do harm and the rest of society and I am honored to be associated with them.

Stay safe Oakley!”

According to the Contra Costa Sheriff’s Office, the five-foot, 11-inch, 175-pound Houston is being held in the West County Detention Facility on $70,000 bail. His next court appearance is scheduled for Jan. 27 at 8:30 a.m. in Delta Superior Court in Pittsburg.

Also, according to the Contra Costa Sheriff’s Office, Mitchell is Black and as of Jan. 11th, he bonded out of custody. According to localcrimenews.com, Mitchell was arrested on Dec. 22, 2021, by Antioch Police for vandalism – property damage.

Allen D. Payton contributed to this report.

Following residents’ racially-charged verbal attacks on new mayor, council members

City Attorney Smith not in council chambers after closed-door meeting

By Allen D. Payton

After being blasted in their public comments by a few residents, during a special Friday night Closed Session meeting on Jan. 17, 2025, that lasted two-and-a-half hours, the Antioch City Council took no action on the performance, discipline, dismissal or release of a City employee. The council only hires the city manager and city attorney.

District 1 Councilwoman Tamisha Torres-Walker was absent from the meeting. Torres-Walker also missed the council’s regular meeting on Tuesday night, for which she was sick. Administrative Analyst Vincent Manuel sat in for City Clerk Melissa Rhodes who was also absent.

Prior to adjourning into Closed Session to discuss, several members of the public, most of whom are regulars at council meetings, spoke during Public Comments. Although the city employee was not identified the speakers assumed the focus was on City Attorney Thomas L. Smith and many defended him. The residents used racist and racially-charged terms and phrases, while holding signs that read, “Ron the Con”, “Don the Con your racism is showing”, “Justice and equality for all city employees” and “We won’t go back.”

Public Comments

“I’d like to thank the city attorney for doing his job for so many victims of the Antioch Police Department…that some of you leaders left behind, one of them sitting here, tonight, that they had to clean up,” said resident Katherine Wade. Then directing her comments to City Attorney Smith she said, “For us to be here, tonight calling out for your termination, tonight. This is their mess, not yours. For them to attack you like that hurts my feelings. For you to sign checks for what the police did to our people they should be writing checks to boys’ and girls’ clubs.”

“Ms. Scott you had to clean up all this mess,” May said to the city manager. “For them calling to do an evaluation maybe there should be a recall on them.”

Another speaker, Eddie Garrett said, “Don Freitas I believe you was mayor, prior, here. Louie Rocha. All y’all had some chaotic in Antioch. For you to say you want evaluations here, in Antioch when the police haven’t been evaluated.”

To the city attorney he said, “Thank you how you behave when those on the city council feel like they can talk to you any way.”

“The racism is basically there,” Garrett continued. “We had Tamisha, we had Lamar. Anyone who was African American who ran for this position was attacked. All we hear in Antioch is, ‘we gotta bring Antioch back’, ‘we gotta make Antioch great again.’ That means white.”

“Why does this have to be in Closed Session? Where’s the transparency? Who’s running what? You need to be evaluated, Don Freitas. I have reached out to you, numerous times but you haven’t reached back,” Garrett stated. “Louie Rocha, I have reached out to you, numerous times but you haven’t responded. You need to be evaluated.”

“It’s so obvious what’s going on, here. How can you come in here and take away the best parts of our city? Thomas has been a lifesaver to this city,” the next resident said. “When I saw Donald Trump flags, when I saw Confederate flags. Your flags were on the same lawns. You’ve already put in place the pawns that you want to sacrifice. The next ones aren’t going to come in and sweep the floors. That old time stuff is over.”

“You’re not the mayor anymore. Quit talking to him like that,” he said to Freitas. “Quit acting like the mayor.”

Resident Tachina Garrett approached the podium singing part of the song, “Lift Every Voice and Sing” also known as the Negro or Black National Anthem. She spoke of “shenanigans. Ron, you’re part responsible. Don, you’re part responsible. You two have held positions. We are seeing right through this screen. We’re not going back no matter who you are.”

“Thomas, stand your ground,” she said to the city attorney. “You have done your job.”

“Based on your history, it’s the same playbook,” resident Patricia Granados said. “On your first day you listed the five things you wanted, including officers in the schools. You need to be held accountable.”
“That’s what your voters and your people represent…who are terroristic,” she stated.

“You want to fire the city attorney. You want to fire the city manager,” Granados continued. “Thomas deserves a record for the lawsuits he’s dealt with. Those officers that were all in the text threads that were blinded that didn’t speak up.”

However, as previously reported, during the new council’s oath of office meeting on Dec. 10th, Freitas asked for immediately providing City Manager Bessie Scott with goals and objectives for her to be evaluated on, six months following her start date on Oct. 7, to be in compliance with her contract. It was supposed to be done by the council within 30 days, he shared. Freitas then stunned the audience when he called for the termination of the city attorney. He inadvertently said “city manager” but corrected himself after being questioned about it by Torres-Walker. (See video of Freitas’ comments)

“We’ll never forget, Ron Bernal, that you retired” before the text scandal investigation was completed and “Louie Rocha, I heard about terrorist actions against students” when he was principal of Antioch High School,” Granados said.

“We’re here to stay, we’re going to call you out,” she concluded.

Antioch Police Oversight Commission member Leslie May spoke next saying, “I’m here representing myself and Reimagine Antioch” then read verses from the book of Proverbs in the Bible. “I’m a Christian. I can’t stand a so-called Christian who runs to Christianity when they get their behinds in trouble.”

“When Lamar Thorpe came from that meeting with Diana Becton…he let one of you resign and not be fired,” she said, speaking of Mayor Ron Bernal.

However, Bernal retired at the end of December 2021 and the meeting between former Mayor Lamar Hernandez-Thorpe, then-City Manager Con Johnson and District Attorney Diana Becton happened in March 2022, three days after the then-mayor’s arrest for DUI. (See related article)

“God does not like it when someone shows you mercy and you plot…against them,” May continued.

“When I see white men pitting two Black men against each other. We have the field ni**er and the house ni**er. The light ni**er against the dark ni**er. You’re dividing people,” she stated. “You say what you want to do about Monica. You say what you want about Tamisha. You smeared Lamar’s name. You could not stand him because of the color of his skin. You are a disgrace. And as of tonight, I’m praying Psalm 109 over all three of you. I’m going to my bad knees on you three tonight and I’m praying for your strength. But I’m telling you it’s not over. Indictments are coming.”

Local homeless advocate Nichole Gardner spoke next saying, “I know. I’m sick of it, too, Ms. Leslie. I don’t know how this even came about. I’ve been going to meetings for six or seven years. After dealing with the election, he was not on the radar. We were talking about mayors and city councils. I don’t know what made you decide after talking about unifying the community, that was the first thing you decided to do.”

“I wanted to speak to you, Thomas,” she continued. “I remember seeing you speak to the council ‘we didn’t want to criminalize homelessness,’ and you literally jump-started my homelessness work. I want to thank you for that.”

“I must say I am cool with the mayor. We’re friends. Even up here I didn’t agree with the mayor when it comes to Thomas. He knows when to bite his tongue,” Gardner stated. “If you could be more transparent maybe you could explain yourself. But right now, it looks like racism. It just doesn’t look right.”

“Is it racism or is it actual action? Because we often get confused over someone’s skin color over actions that happen here, in East Contra Costa and Antioch. Which it kinda sounds like,” said Gavin Payton (no relation to reporter/publisher). “The people need to know the actual facts. The voters are the ones who have the final say so…who they want to see in office. Let’s make sure it’s actual facts. If it’s something else, then we’ll have to rely on the voters to take retaliation.”

“When we speak up that’s when people get scared. The people sitting behind me aren’t scared. Neither am I,” he continued. “We’re tired of being sick and tired. We’re tired of having your dogs on us, we’re tired of being hosed down. We’re tired of young men hanging from trees.”

“Now you want to put police officers who were part of the text message scandal into our schools…when they just killed our babies,” Payton added.

Closed Session

Before adjourning to the closed-door session, which is required by state law for personnel matters, City Manager Bessie Smith then said the Closed Session was for “public employee performance, dismissal, release.”

Report Out

Following the conclusion of the Closed Session at 9:06 p.m. Bernal reported out saying, “There was no reportable action.” However, Smith was not in attendance after the council returned to open session.
The council then voted 4-0 to adjourn the meeting at 9:07 p.m.

Following the meeting when asked about the closed-door meeting Bernal further clarified, “Nothing to report now as the city council didn’t take any action.”

Smith’s Background

Smith was hired in February 2019 on a 5-0 vote of the city council as Antioch’s first African American city attorney. He worked for law firm, Meyers-Nave, which was hired many times by Smith’s office, including for the defense of the lawsuit by the natural gas pipeline owners. While at the firm, Smith’s practice areas focused on Municipal and Special District Law, Labor and Employment, and Public Contracts. His senior management experience includes managing four departments across all offices of a global corporate law firm with more than 500 attorneys.

He started his professional career as a business analyst for McKinsey & Company in New York.
Smith earned his law degree from Harvard Law School, a Master’s degree in Public Policy at Harvard Kennedy School and a Bachelor of Science in Education, graduating magna cum laude from Seton Hall University.

At the time he was hired, Smith was a member of the Oakland Police Commission and served as its chairperson.

Police pursue lead on suspect’s vehicle

By Lt. Joe Njoroge #7052, Antioch Police Field Services Division

Antioch police investigators are searching for the driver behind a deadly hit-and-run collision. On January 14, 2025, at approximately 6:08 p.m., Antioch Police officers responded to a report of a hit-and-run in the 3000 block of Wilbur Avenue. Callers reported that a pedestrian had been struck by a vehicle, which left the scene.

Officers and paramedics arrived and found an adult female victim approximately 68-year-old unresponsive on the ground. Life-saving measures were attempted, but unfortunately, the victim died. The Contra Costa County Coroner’s Office has provided Antioch Police with the victim’s name. But they are waiting to release it pending notification of next of kin, Sgt. Rob Green shared. She was born in 1957 but had no identification with her.

Traffic accident investigators were called to take over the investigation. The roadway at Hwy 160 was closed for several hours. This investigation is ongoing, and the cause of the collision has not yet been determined. The case is still in the preliminary stages, and the names of the parties involved are not being released at this time. Green also said police have a lead on the suspect’s vehicle and will provide additional information as he has it.

Anyone with information is asked to call the Antioch Police Department non-emergency line at (925) 778-2441 or Traffic Collision Investigator Sergeant Green at (925) 779-6864, email rgreen@antiochca.gov.

Allen D. Payton contributed to this report.

SACRAMENTO, CA — In a pivotal ruling for parental rights, U.S. District Court Judge Roger T. Benitez refused to dismiss a class-action lawsuit against California’s controversial policies requiring educators to keep parents uninformed when their children express gender confusion or request to change their names and pronouns at school. The decision, handed down on January 7, 2025, denies the motions filed by California Attorney General Rob Bonta and the California Department of Education to throw out the case by arguing that gender secrecy policies were “just a suggestion,” and not mandated on school districts. Now the suit can move forward toward potentially overturning the state’s ban parent notification policies with the passage of AB 1955 last year.

Teachers Not Required to Keep Secrets from Parents
In a powerful statement addressing the rights of educators, Judge Benitez clarified that teachers are under no obligation to follow policies that compel them to deceive or withhold information from parents. Judge Benitez emphasized that “teachers do not completely forfeit their First Amendment rights in exchange for public school employment.” He noted that while teachers may be required to deliver specific curricula, the government cannot force them to act unlawfully or infringe on parental rights. Benitez agreed with the plaintiffs that state policies compel them to act in ways that are “intentionally deceptive and unlawful,” violating the teachers’ First Amendment rights.

Upholding Parents’ Constitutional Rights
Judge Benitez also emphasized long-standing constitutional protections for parents in the upbringing and health decisions of their children. “Parents’ rights to make decisions concerning the care, custody, control, and medical care of their children is one of the oldest of the fundamental liberty interests that Americans enjoy,” he wrote, rebuking the state’s argument that parents have no fundamental right to be informed of their child’s gender identity at school. “However, under California state policy and EUSD policy, if a school student expresses words or actions during class that are visible signs that the child is dealing with gender incongruity or possibly gender dysphoria, teachers are ordered not to inform the parents.”

Ultimately, the judge denied the state’s efforts to dismiss the case, stating, “There are no controlling decisions that would compel this Court to limit or infringe parental rights, notwithstanding the State’s laudable goals of protecting children.”

The ruling directly challenges California’s “Parental Exclusion Policies,” which have allowed schools to hide critical gender identity information from families under the guise of student privacy. Judge Benitez concluded that parents have a constitutional right to know about their child’s gender incongruity, especially when such conditions could lead to significant mental health issues like depression or suicidal ideation.

Broad Implications for State Policy
The lawsuit is now free to move forward, and if successful, it could dismantle policies statewide that currently compel educators to bypass parents on sensitive matters concerning gender identity. This would represent a significant victory for parental rights advocates who argue that these policies infringe on the fundamental rights of families and erode trust between parents and schools.

Legal Counsel Speaks Out
Paul Jonna, Special Counsel for the Thomas More Society, Partner LiMandri & Jonna LLP, and a lead attorney on the case, hailed the decision as a milestone moment for parental rights. “We are incredibly pleased that the Court has denied all attempts to throw out our landmark challenge to California’s parental exclusion and gender secrecy regime,” Jonna said in a press release. “Judge Benitez’s order rightly highlights the sacrosanct importance of parents’ rights in our constitutional order and the First Amendment protections afforded to parents and teachers.”

Jonna emphasized the broader goal of achieving statewide relief for all parents and teachers affected by the secrecy policies, adding, “We look forward to continuing to prosecute this case against California Attorney General Rob Bonta and the other defendants, to put this issue to rest once and for all—by obtaining class-wide relief on behalf of all teachers and parents.”

Reaction from California Family Council
Greg Burt, Vice President of the California Family Council, praised the ruling for upholding parental rights. “This decision is a critical step toward restoring the sacred bond between parents and children,” Burt stated. “When government policies force schools to keep secrets from families, they cross a dangerous line. Judge Benitez’s ruling reaffirms that parental rights are not a secondary concern but a cornerstone of our constitutional freedoms.”

A Collision of Rights
Judge Benitez also addressed the tension between a child’s right to privacy and parents’ right to be informed. While acknowledging the competing interests, he concluded, “In a collision of rights as between parents and child, the long-recognized federal constitutional rights of parents must eclipse the state rights of the child.” This statement sets a clear precedent favoring parental oversight in matters of health and education.

Looking Ahead
As Mirabelli v. Olson proceeds, the case is likely to garner increased attention, setting the stage for a broader examination of how states balance student privacy with parental rights. The outcome could redefine policies across California and potentially influence similar debates nationwide.

About California Family Council
California Family Council works to advance God’s design for life, family, and liberty through California’s Church, Capitol, and Culture. By advocating for policies that reinforce the sanctity of life, the strength of traditional marriages, and the essential freedoms of religion, CFC is dedicated to preserving California’s moral and social foundation.