Claims Thorpe knew Antioch Police already implementing five of eight reforms before releasing his proposal

In a press release on Monday evening, Antioch City Council candidate Mike Barbanica slammed Antioch Council Member Lamar Thorpe, who is up for re-election in November, for his proposal to call for an ad hoc committee to deal with what he labels “so-called reforms at the Antioch Police Department”. Thorpe listed eight reforms endorsed by the national 8 Can’t Wait Campaign and four actions the council can take promoted by the Obama Foundation on its website. (See related article)

“Antioch residents want change – real change – so we can honestly address racism in our community,” said Barbanica, candidate for city council in District 2. “We don’t need another Antioch bureaucracy led by politicians who claim to know what’s best for our community.”

Barbanica stated that the Antioch Police Department has already implemented five of the eight reforms advocated by 8 Can’t Wait and is in the process of reviewing the other three for possible implementation.

He added that Thorpe was advised of this information by the APD before he sent out his press release.

“Shame on Mr. Thorpe for grandstanding on this issue for his own political gain,” Barbanica said. “What we need is more ongoing thoughtful communication between our police officers, our community, Antioch’s faith leaders and business owners – not the establishment of some shill of a committee that exists for the purpose of promoting a politician’s own political agenda.”

Barbanica, a longtime Antioch resident, local business owner and retired police lieutenant from the neighboring City of Pittsburg, said he is proud of the hard work and dedication of Antioch’s police officers, noting that, under Police Chief Tammany Brooks, Antioch PD has been responsive to the needs of our community.

“Can we do better? We can always do better and we need to come together, as a community, to better understand the needs of our African American and Latino residents,” he said. “But establishing a committee of politicians who will use it as a pedestal to pontificate about the causes of racism is not the answer.”

Barbanica added that George Floyd’s murder, and the protests that have followed, have awakened all of us to the need for social justice reform that can only begin in earnest by us initiating honest dialogue, by our listening and communicating with one another, so we can re-create a society that is fair and just for all persons who live here.

6/9/20 UPDATE:  When reached for comment, Councilman Thorpe said “what I knew was that I asked the chief to get clarity on this, and he sent me an email response and he said ‘in spirit we do some of these. We have officially two on the books so far. But I can look into and we can do these things in spirit.’”

“He had some concerns about other ones,” he continued. “What I did was call on the chief to adopt all of them. The issue is not whether not I knew. The fact of the matter is they’re not written in our policies. There’s a difference between researching and considering adopting them.”

“I’m calling for the remaining six to be implemented,” Thorpe stated. “Let’s make it about policy. Five of them doesn’t complete the eight. I’m saying all of them.”

Allen Payton contributed to this report.

Thorpe seeks six of eight immediate policy reforms, claims only two have already been implemented

By Allen Payton

In response to the death of George Floyd at the hands of four former Minneapolis Police Officers, and the ensuing protests in Antioch and throughout the country, Antioch Councilman Lamar Thorpe has jumped on the bandwagon of a nationwide effort led by the Obama Foundation, to limit police interactions with suspected criminals by proposing a list of reforms for the Antioch Police Department he wants the rest of the council to consider.

In a press release he issued on Monday, Thorpe said he “fully endorses the enactment of eight specific policy recommendations that are part of the national 8 Can’t Wait Campaign” and claims “two of eight recommendations are policy in Antioch.”

Thorpe is calling on Antioch Chief of Police to enact the remaining six.

“Something is happening with the consciousness of America. People all over the country and here in Antioch are saying ‘enough is enough,’ and they expect change,” Thorpe said. “After 15 days of sustained protest, demonstrations and civil unrest, it’s time to take action, before one more senseless killing takes place. Let’s think globally and act locally.”

The most controversial of the remaining six recommendations is the banning of chokeholds and strangleholds, including a technique Antioch police use called the carotid restraint, which involves placing pressure on a person’s neck to restrict blood flow. In an independent autopsy, medical examiners determined that pressure placed on Floyd’s carotid artery impeded blood flow to his brain and contributed to his death.

More than a dozen California cities have banned carotid restraints following Floyd’s murder. Assembly Bill 1196, introduced last week by state Assemblyman Mike Gipson, D-Carson, would make the carotid restraint illegal in California. Thorpe is calling on Gov. Gavin Newsom to sign the bill.

Following are the eight policy recommendations:

1. Ban police use of chokeholds and strangleholds, including the carotid restraint
2. Require officers to de-escalate situations whenever possible
3. Require officers to exhaust all options before shooting, including less lethal force
4. Ban officers from shooting at moving vehicles
5. Establish a use of force continuum that restricts using the most severe force to most extreme situations
6. Require comprehensive reporting for each time an officer fires or points their weapon at someone
7. Require verbal warnings before using deadly force (already an Antioch policy)
8. Require officers to intervene to stop excessive force by other officers (already an Antioch policy)

According to the Obama.org website, “More than 1,000 people are killed by police every year in America, and Black people are three times more likely to be killed than White people.” That’s because, as a CNBC article on police violence in America reports, “according to Mapping Police Violence, one research group…Black people accounted for 24% of those killed, despite making up only about 13% of the population.” But the article also reports that, “no comprehensive official database exists for tracking police violence, though there have been efforts at the federal level to create one.”

That article further reports, “the data from Mapping Police Violence is sourced from three databases — killedbypolice.net, fatalencounters.org and the U.S. Police Shootings Database — as well as original research focused on social media, obituaries, criminal records databases, police reports and other sources, according to the group.”

At the Tuesday, June 9, 2020 Antioch Council meeting, Councilmember Thorpe will call for the formation of a City Council Ad-Hoc Committee on Police Reforms to be composed of council members, legal advisers, police leaders, police union representatives and community advocates. The role of the committee will be to examine potential long-term reforms in the following areas:

1. Demilitarize our local police
2. Increase police accountability
3. Improve police hiring practices
4. Excessive use of force
5. Budget appropriations

“While it’s important for our city to take immediate preventative steps, such as banning use of carotid restraints, creating successful police reforms will require the involvement of the entire community,” Thorpe said. “The ad-hoc committee approach is one of the best tools we have as city councilmembers to create lasting policy change that works.”

Additionally, he has signed the Obama.org’s “My Brother’s Keeper Alliance Pledge”, to have Antioch become an “MBK Community” which asks local officials to:

1. Review the police use of force policies in my community
2. Engage my community by including a diverse range of input, experiences, and stories in our review
3. Report the findings of our review to my community and seek feedback within 90 days of signing this pledge
4. Reform my community’s police use of force policies based on findings

When asked for his thoughts on Thorpe’s proposed reforms, Antioch Police Chief T Brooks responded, “I look forward to hearing the discussion between Councilman Thorpe and the rest of the city council on this proposal.  I am especially interested in what specific reforms they believe are necessary at the Antioch Police Department.”

A question to the chief asking if there any of the other six reforms on the proposed list have been implemented by the Antioch Police Department went unanswered prior to publication time.

The online Antioch City Council meeting begins at 7:00 p.m. and can be viewed on Comcast Local Cable Channel 24 or via livestream on the city’s website at www.antiochca.gov/government/city-council-meetings/live/.

Please check back later for any updates to this report.

Curfew in Antioch will not be re-established

By Susan Shiu, Director, Office of Communications and Media, Contra Costa County 

(Martinez, CA) – County Administrator David J. Twa has signed the Order Rescinding a Countywide Curfew within Contra Costa County, effective as of 1:00 PM today, June 4, 2020.

The order states that “As Contra Costa County’s Administrator of Emergency Services, I have reviewed, on a daily basis, the conditions that necessitated the June 2, 2020, Countywide curfew.  At this point, it appears that the public order and safety has generally been restored in Contra Costa County and it is therefore appropriate to lift the emergency Countywide curfew.”

The order further states that “This action does not affect any city curfews that remain in effect.  Cities will make their own determination as to whether curfews continue to be needed within their commercial districts or other areas within those cities.”

“We all continue to want peaceful protests and encourage everyone to stay safe,” said Twa.

Read the Order Rescinding the Countywide Curfew.

Antioch residents were asking if there is still a curfew in our city. The answer, is no, as city officials rescinded the curfew order in Antioch on Wednesday afternoon. (See related article) However, Mayor Sean Wright, City Manager Ron Bernal and Police Chief T Brooks were asked if the city will reestablish a curfew in Antioch if there is still a credible threat as mentioned by Chief Brooks on Tuesday. The response from the city’s public information officer was “That we are aware of, there is no longer an active threat.” So, the curfew in Antioch will not be re-established.

Allen Payton contributed to this report.

The curfew will be in effect each night from 6:00 p.m. until 5:00 a.m. ending June 8, 2020 at 5:00 a.m.

By Rolando Bonilla, Public Information Officer, City of Antioch

Antioch, Calif., (June 2, 2020 5:10 PM) – Today, the City of Antioch has announced that it will extend its citywide curfew until 5:00 AM on Monday, June 8, 2020.

The curfew will begin each night at 6:00 PM and expire each morning at 5:00 AM. The Order will expire on Monday, June 8, 2020 at 5:00 AM.

Pursuant to this curfew, no persons shall be upon any public street, avenue, alley, park, way, or any other public place or upon unimproved private real property in the City of Antioch.

“The City continues to monitor the situation throughout the Bay Area,” said Antioch Police Chief Tammany Brooks. “Recently, we have received information that we have determined to be a credible threat to the City. However, in the interest of public safety, the City cannot comment further.”

According to Chief Brooks, the city manager has the sole authority to order a curfew. But, according to Mayor Sean Wright, Antioch City Manager Ron Bernal did so, yesterday with the advice of Wright and Brooks, with input from City Attorney Thomas Smith.

Allen Payton contributed to this report.

By Scott Alonso, Public Information Officer, Contra Costa District Attorney

Today, Contra Costa County District Attorney Diana Becton issued a statement regarding the murder of George Floyd:

“I am heartbroken and horrified by the murder of George Floyd and the other unjust deaths of Black men and women in this country. As the chief law enforcement official of Contra Costa, I took an oath to ensure justice for everyone under the law. The fight for justice does not end at the borders of our County or in our communities. We all have a responsibility to speak out against and eradicate injustices wherever we find them. The officers responsible for the murder of George Floyd must be held accountable.

The right to peacefully assemble and protest are a vital part of the fabric of this nation, and the majority of participants have been peaceful and even inspiring. I am disappointed that the righteous marches and gatherings are being infiltrated and hijacked by a small minority of people with other agendas. The individuals who are exploiting the pain, and the cause of so many in our community by committing acts of violence and destruction will be held accountable. We must not let the acts of the detractors deter us from the issue at hand. We must never stop working to eradicate racism and bring about systematic change throughout all systems, especially in our criminal justice system. I will continue to fight for criminal justice reform not only just in Contra Costa but throughout this nation.”

Call on state bar to create a new ethics rule claiming it “would help restore the independence, integrity, and trust of elected prosecutors by preventing them from taking donations from police unions.”

“They’re trying to hamper pro-law enforcement candidates who will run against them” – law enforcement official (who chose to remain anonymous)

SAN FRANCISCO – Today, Monday, June 1, 2020, in the wake of mass protests following the killing of George Floyd by a Minneapolis police officer, a coalition of current and former elected prosecutors representing millions of Californians in diverse counties banded together to call on the California State Bar to cure the conflict of interest created by police unions’ outsized influence in local elections.  The new rule would explicitly preclude elected prosecutors – or prosecutors seeking election – from seeking or accepting political or financial support from law enforcement unions. (Read letter, here).

“The legal representation of an accused officer is generally financed by their law enforcement union,” said Contra Costa District Attorney Diana Becton.  “It is illogical that the rules prohibit prosecutors from soliciting and benefiting from financial and political support from an accused officer’s advocate in court, while enabling the prosecutor to benefit financially and politically from the accused’s advocate in public.”

“District Attorneys will undoubtedly review use of force incidents involving police officers,” said San Francisco District Attorney Chesa Boudin. “When they do, the financial and political support of these unions should not be allowed to influence that decision making.”

“When videos emerge like the one depicting the killing of George Floyd or Ahmaud Arbery, the damage it does to the entire criminal justice system cannot be overstated,” said former San Francisco District Attorney George Gascón. “That damage, however, is further compounded by delays in the condemnation, arrest, and charging of the involved law enforcement officers. These feelings, these protests, and the pain we’re seeing, would not be as raw and widespread if we had seen police held accountable by local prosecutors quickly and with regularity.  An important step in curing this pain is curing the conflict of interest that gives, at minimum, the appearance that police do not face consequences swiftly – or at all – due to the proximity and political influence of their union.”

“We have a tremendous amount of work ahead of us to restore trust in our profession, but trust must be earned, it cannot be demanded,” said San Joaquin County District Attorney Tori Verber Salazar.  “The first step to earning that trust back is ensuring the independence of county prosecutors is beyond reproach.”

Prosecutors are in a unique position of having to work closely with law enforcement and simultaneously evaluate whether crimes have been committed by these same officers.  Recent events involving police misconduct in which prosecutors either delayed or failed to file charges have shined a light on the importance of prosecutors making decisions regarding law enforcement officers’ conduct without any undue influence or bias.  Yet when prosecutors initiate an investigation or prosecution of an officer, the law enforcement unions often finance the legal representation of the accused officer. Prosecutors who have received an endorsement from the entity that is funding the defense of the officers being investigated or prosecuted creates, at a minimum, the appearance of a conflict of interest for elected prosecutors.

By precluding elected prosecutors—or prosecutors seeking election—from seeking or accepting political or financial support from law enforcement unions, the State Bar will reduce the presence of conflicts of interest and ensure independence on the part of elected prosecutors.  This proposal also aspires to help reestablish community trust in the integrity of prosecutors at a time when national events have damaged that trust.

For more information, follow #CureTheConflict.

In response, the following questions were sent to Becton’s public information officer, Scott Alonso:

“Is she saying that currently a prosecutor cannot solicit and benefit from financial and political support from an attorney representing a police officer accused of a crime while in court or during the court case? But the police officer’s attorney can support the prosecutor financially and politically when not in court or during the court case?

Please clarify who the accused is in her comment about the ‘accused’s advocate’. I assume it’s the same accused officer she refers to twice before in her comment. But, not sure.

Also, are she and the rest of the DA’s willing to forgo any financial contributions from criminal defense attorneys and public defenders? How about no financial support from any organization and only from individuals who live within their counties? How far should this go to ensure fairness in prosecutions? Isn’t this really one-sided? Also, if the police unions have so much influence in our county and they all backed Becton’s opponent in the last election how did she still win? Isn’t she in effect attempting to violate the free speech rights – which political campaign contributions have been defined as by the courts – of the police unions?

June 2 UPDATE: Alonso responded with, “Any questions about political contributions I cannot answer as a public employee. You would need to direct those to DA Becton’s campaign.”

This reporter then emailed him, “Please pass on my questions to DA Becton. I’m not asking you to answer them. I’m asking for her to.”

Alonso responded, “Her statement speaks for itself. Not sure what else to provide. Her reference to the advocate is the law enforcement union.”

A further email was sent to him with, “Her statement and the effort is clearly one sided and doesn’t answer my questions that I emailed you. Did you pass on my questions to her?  If not can you, please? I really don’t want to have to write that she’s refusing to answer them. Surely neither you nor she expects the media to just run press releases on controversial matters unchallenged and without question.

Thanks for the partial answer to my one question. But it still doesn’t clarify what she’s saying in that quote. How would a prosecutor solicit and benefit from financial and political support of a law enforcement union in court? I seriously don’t understand that.

I really need to hear back from her on the questions I sent. I don’t want to just write she refused to respond.”

Alonso responded with, “With all respect we do answer your questions. Your comment that this ‘effort is one side’ is odd. Not sure what you mean by that. There are standards in place for prosecutors in terms of receiving or benefitting from opposing defense counsel. This is outlined in the letter that you were provided. In terms of any questions on donations I cannot answer that as I have said.”

This reporter further responded by email with, “Yes, in the past you’ve answered my questions and I appreciate that. But I’m talking about this press release on a very controversial, political issue, which is rare if not the only one I recall ever receiving from you.

About the effort being one sided, that’s because all the DA’s and former DA quoted in the press release are attempting to silence one side in the political battle for who should be elected DA. Diana wasn’t backed by any of the police unions in the county, if I recall. They backed her opponent, DDA Paul Graves. Now she’s trying to prevent police unions from contributing to her potential opponents in future elections in effectively silencing their voice during a political campaign. Yet, I don’t see anything in the press release in which she or the other DA’s call for limiting the contributions to candidates from those on the criminal defense side.

Again, I’m not asking you to answer my questions. I’m asking you to pass along my questions to DA Becton, who as an elected official can answer them and should. You sent out on official CCDA letterhead a press release about a political matter. Frankly, that should have gone out on her campaign letterhead if you or she aren’t going to answer questions about it.

Now, please quit being a gatekeeper for her and pass on my questions to her. Another day has passed since you sent me the press release and I still don’t have but one question answered.

I’m trying not to go around you. I do have her cell phone number and have called her before when it was after hours. But I am avoiding calling her. I guess I’ll have to if I can’t get you to simply forward my questions to her.

So, let’s please stop the back and forth. I’m not asking you any questions about a political matter. I’m asking her.”

No response to that email was received.

When reached for comment, Becton said she was in a meeting and to “send questions to Scott.”

Please check back later for any updates to this report and responses from the DA.

Curfew runs from 6:00 p.m. each night until 5:00 a.m. the following morning and will expire at 5:00 a.m. on Wednesday, June 3, 2020 – applies to residents, visitors and workers within the city limits.

Antioch, Calif., (June 1, 2020 4:30 PM) – Today, the City of Antioch has announced that effective Monday, June 1, 2020, a citywide curfew will be enacted.

UPDATE: June 1, 2020 6:44 PM – The curfew will begin at 6:00 PM on Monday, June 1, 2020 and expire at 5:00 AM on Wednesday, June 3, 2020.

A post on the Antioch Police Department’s Facebook page at 5:09 p.m. reads, “It is with heavy hearts that we put this information out, but it is with an abundance of caution for our community that a citywide curfew has been implemented, beginning tonight at 6 PM and ending at 5 AM on Wednesday, June 3rd. This decision was made after we were made aware of credible threats of subjects coming into our community for the purpose of causing damage and committing criminal acts. If at all possible, stay home. If you need police assistance, we are here for you. (Please see related article)

-Details:
From 6 PM 6/1/20 to 5 AM 6/3/20 a citywide curfew has been established for the City of Antioch. It requires residents, visitors and workers within the city to stay indoors during those hours. Exemptions include, public safety personnel, health care providers, people traveling to and from work, the homeless and media representatives. This order is subject to change or be extended.”

If the City determines that the curfew needs to be extended, the City of Antioch will make an announcement on Wednesday, June 3, 2020.

Mayor Sean Wright said it was a joint decision by him, City Manager Ron Bernal and Police Chief Tammany Brooks at about 3:30 p.m., and was sent on to City Attorney Thomas Smith for his input.

“Everyone was holding off on saying things until we heard back from the city attorney,” he continued. “Our PIO said we have to get this out, as it’s getting late and people need to know. Then the press release was issued at 4:30 p.m.”

The only report of any kind of related activity was of two males who were arrested by Antioch Police for attempting to loot one of the outside stores at the Somersville Towne Center earlier Monday afternoon.

Some stores already closed or closing early due to threat on social media

By Allen Payton

Due to a comment posted on Twitter by someone who claims to be from Oakland, telling people in Oakland to go to Antioch and the Streets of Brentwood shopping center to loot, on Monday, both the Antioch and Brentwood Police Departments are making preparations.

The message, posted in Antioch at 9:30 a.m. Monday, June 1, 2020 reads, “Oakland, we need to make our way to Antioch and the streets of Brentwood today and take EVERYTHING. The outlets is outside so it’ll be easier to break in and take everything! THIS IS ALL FOR GORGE DONT FORGET! REPOST!” That refers to George Floyd, the man who died after a Minneapolis police office had his knee on Floyd’s neck pinning him to the street for nine minutes, while two other officers also had him pinned down, while a fourth officer stood by guarding them. The tweet has since been removed.

When asked about the message, Antioch Police Chief Tammany Brooks responded, “Already on it.”

Brentwood Police posted the following about their actions to prepare their city, and specifically the shopping center:

“While we stand by everyone’s right to peacefully protest in this difficult time, threats of looting and vandalism will be taken seriously. We have learned of such threats being spread on social media directed at the Streets of Brentwood.

As a result, Streets of Brentwood will be closing businesses early today and we will be adding additional staffing to the area to monitor the safety of the public and protection of property. In the interest of everyone’s safety, we ask that you avoid the Streets of Brentwood since businesses will be closed and access to the property will be closed off.”

As of 3:40 p.m., witness said they saw Antioch Police are gathering at the Somersville Towne Center and asking the stores to close. Another resident reported the Lowe’s and Target stores are closed in Antioch.

Also, Brentwood PD posted on their Facebook page at 3:40 p.m. that “Home Depot contacted us to let us know they have closed early today for the safety of their employees and customers.”

Please check back later for any updates to this report.