Archive for the ‘Police & Crime’ Category

30-year-old Antioch man shot, killed early Sunday

Sunday, August 27th, 2023

By Lt. Rick Martin, Antioch Police Department Investigations Bureau

On August 27, 2023, at approximately 1:51 AM, APD dispatch began receiving calls from citizens of shots fired in the 400 block of W. 2nd Street. Officers arrived and located a 30-year-old male from Antioch suffering from multiple gunshot wounds. Life saving measures were performed by officers and paramedics on scene. The male was transported to a local hospital where he succumbed to his injuries and was pronounced deceased. The victim has been identified however we are withholding his information at this time until the next of kin has been notified.

This is an on-going investigation, and no further information will be provided at this time.

Anyone with information is asked to contact Detective Duffy at (925) 779-6884 or the Antioch Police Department non-emergency line at (925) 778-2441.

Former Antioch mayors, councilmembers take issue with Thorpe’s claim they’re guilty of “absolute murder” for lack of oversight of APD

Thursday, August 24th, 2023
Antioch Mayor Lamar Thorpe gestures while accusing former councils of getting away with “absolute murder” during angry, raise voice rant on matter of the city council directly hiring the police chief at their meeting on Tuesday, August 22, 2023. Council meeting video screenshot.

Deny current problems were “decades in the making”

“I am not aware of any city councils on which I have served committing any acts of murder. Additionally, I am not aware of any of my fellow city council members committing acts of arson, burglary, nor being arrested or cited for DUI – driving under the influence (with Blood Alcohol Levels of .121% and .124%) or allegedly sexually harassing any women resulting in any settlements with the county for $350,000 or in a fit of rage challenging any community members to step outside to fight.” – former Mayor Wade Harper (2012-16)

Thorpe does not back up claims, apologize

By Allen D. Payton

During the Antioch City Council meeting Tuesday night, August 22, 2023, Mayor Lamar Thorpe reacted angrily to comments by former councilman Ralph Hernandez, who accused the mayor and District 4 Councilwoman Monica Wilson of ignoring his accusations against Antioch police officers, including murder, before Thorpe was elected mayor. Thorpe claimed if they had it would have been illegal and that it was not appropriate to be done in a closed session meeting of the city council. Later in the meeting, the mayor accused Hernandez, who was elected in 1992, former Mayor Don Freitas, who served from 2000 to 2008 and all former councils of getting “away with murder, absolute murder, because of a lack of oversight of the police department.”

Thorpe’s Accusations

As previously reported, Thorpe said in his comments on the agenda item regarding the council directly hiring and supervising the police chief instead of the city manager (See 1:16:00 mark of council meeting video), “What has happened in our city…residents like them and city councils in the past have failed to provide oversight of the police department. Ralph Hernandez was a member of the city council. He failed to provide oversight of the Antioch Police Department because this was decades in the making,” he shouted, raising his voice louder. (Hernandez served on the city council from 1992 to 1995).

“Who was the mayor when you got beat up?” Thorpe asked a member of the audience. “Don Freitas was the mayor. He failed to provide oversight of the police department.” (Freitas was elected to the city council in 1998 and served as mayor from 2000-2008).

“So, you can come in here and point the finger all you want. I don’t give a damn,” Thorpe continued with a raised voice. “Because the residents of this community have demanded the change we’re making, here today if the council continues in this direction. Because for decades residents like you have allowed the council to get away with murder, absolute murder, in failure to provide oversight.”

Former Mayors and Councilmembers Respond

Those accusations aren’t sitting well with many former Antioch mayors and council members, including the two he mentioned directly by name, who were asked if they had a response.

Former Councilman Ralph Hernandez, who served on the council from 1992-95 responded to Thorpe’s direct accusation against him with, “both myself and my wife Norma Hernandez, who served on the council from 1996-1998, as well as other past Antioch Mayors and Council Members, served on the Antioch City Council and we never ‘swept under the rug’ or covered up any known or reported Antioch Police misconduct, especially any reported crimes or reported Murders by some of the Antioch Police.

As many of our citizens are now realizing, our current mayor, Lamar Thorpe, falsely tries to deflect his own questioned responsibility in doing so! He tries to deflect his own failures and potential crimes to others and again tries to rant and rave to his supporters, how everyone else is responsible.

I have repeatedly reported criminal police misconduct in accordance with the laws and can, and will, provide witnesses, evidence, circumstances, etc., to back up what I have reported over the years! This too I have done over the years via the F.B.I. and the D.A.’s Office, to include to our city council and past city manager! Not my/our fault that Mayor Thorpe and Councilwoman Monica Wilson did nothing known about it (the reported murders and other discovered felony crimes by a small ‘gang’ of Antioch Detectives/Officers). The suspected coverups of such serious matters includes recent past Antioch Police Chiefs who were reported to also, and the reporting will back it up as to their involvement!

It is overdue that a criminal Grand Jury be empaneled by the District Attorney’s Office to look into these matters, as I also have requested over these past years! Those responsible also, as accessories under the law, to include the suspected coverups by past identified Antioch police chiefs, Mayor Thorpe, Councilwoman Wilson, etc., need to be held accountable too!

Our Antioch community needs a serious cleanup from these unresolved matters, and bring back the Antioch community to a sane environment that we all deserve!”

Former Mayor Don Freitas, who was first elected to the city council in 1998 and then elected mayor in 2000 and again in 2004, responded to Thorpe’s direct attack on him with, “Here’s my response to Lamar’s comment about me: Lamar Thorpe is a very paranoid individual. If you are not hundred percent in lock step with him, he will do everything in his power to ridicule you, immediately call you a racist and try to slander your reputation.

His off the wall comments last night regarding oversight of the Police Department when I was Mayor is completely and utterly without merit. Clearly, he will lie and distort the truth only as an attempt to make himself politically popular in the community. How sad. How very sad. He needs help.”

Former Mayor Wade Harper, who was elected to the city council in 2010, then elected the City’s first Black mayor in 2012, issued a press release entitled ‘Lead With Excellence and Integrity’ to local media on Thursday, referring to himself as a “Private Citizen”, responding to Thorpe’s accusation.

“Allen Payton contacted me and asked if I had a response to the current mayor calling the previous city councils ‘murderers.’ I did not watch the city council meeting. I have since read the quote. There is a professional courtesy that former mayors extend to the current mayor. We realize that the current mayor has the mandated responsibility to make decisions for the city, along with his or her city council. I may privately disagree with certain decisions, but typically I avoid public criticism, because I understand that each administration faces unique challenges, and they must act according to their own judgment. I refrain from publicly criticizing the current administration. I think my stand of unity and support could be more beneficial to the city’s overall well-being rather than constantly criticizing everything this city council does.

When the current mayor was elected, I called him on election night and congratulated him. We shared a private laugh. I also offered that he could call upon me if he needed to. I could offer advice from what I learned from the challenges that I experienced.

Advice #1 Lead with excellence and integrity and be the leader that you want to see.

Advice #2 Don’t pass the buck – take accountability for what happens on your watch. It is easy to blame previous administrations. What I learned about blame is that there is always plenty to go around.

Advice #3 Show love to your community as well as your colleagues on the city council. And give a listening ear.

Like most Antioch residents, I am certainly saddened and angered by the acts and racist texts committed by certain police officers (not all officers). I am not always happy with this current city council. I understand that they have a tough job, navigating these uncharted waters of overt, racial discrimination, and criminal insensitivity.

Now, as far as the bashing of previous city councils, let me say this. To say that previous city councils have committed “murder” because of lack of police oversight is irresponsible. This is a very harsh and mean-spirit statement toward your former colleagues who led with integrity and excellence. Do not lead with anger, vendetta, and vitriol.

‘Residents like you have allowed the council to get away with murder, absolute murder, because of a lack of oversight,’ – mayor Lamar Thorpe to Hernandez, the main opponent of the change. (Emphasis included)

The Antioch city council has decided to grant themselves the authority to hire and fire the police chief. Now that you have made that decision, consider attending a Citizen’s Academy to learn more about the law enforcement profession so you can lead effectively. You will learn what the word ‘murder’ truly means and how families and lives are impacted by such a tragic crime. Antioch is hurting right now, and we need leaders who will lead. Return the hiring authority back to the city manager ASAP so that you won’t be tempted to put politics into the profession.

I am proud to have served the City of Antioch as mayor, alongside very fine city councils, city managers and police chiefs. I maintained open communication with the police chief and received regular reports on crime as well as plans on making the community safer. Yes, we also addressed personnel matters in closed sessions a few times. So, the current mayor should not blame past city councils for the unique problems and issues that this current city council now faces.

So, for the record, all past city councils, including myself, have made mistakes. But I am not aware of any city councils on which I have served committing any acts of murder. Additional I am not aware of any of my fellow city council members committing acts of arson, burglary, nor being arrested or cited for DUI – driving under the influence (with Blood Alcohol Levels of .121% and .124%) or allegedly sexually harassing any women resulting in any settlements with the county for $350,000 or in a fit of rage challenging any community members to step outside to fight.”

Former Mayor Joel Keller, who served from 1984-94, responded with, “You’re right. APD was a different department in the past. It might be helpful if someone unemotionally explained how the change occurred. The accused officers are assumed innocent until proven guilty, but the breath of the allegations suggest a breakdown of leadership. I don’t mean political leadership, but rather management. Let’s start with who approved the President of the APOA being responsible for disciplinary investigations. My mother who only had a primary education would say that’s like ‘putting the fox in charge of the henhouse.’ I don’t know who is responsible, but an action like that violates Human Resources best practices and any peace officer with administrative responsibilities would have been taught that when they were promoted to manager.

APD needs to change and needs responsible leadership. Mayor Thorpe may not be the best spokesperson for change, but he is right about the need for reform. I was a peace officer for 35 years and the Mayor of Antioch for 10. I am embarrassed by the almost daily revelations about alleged wrongdoing. (Really, tequila to fix tickets?)

Someone, maybe the Antioch Herald, needs to get past the name calling and investigate what changed at APD that enabled this despicable conduct to not only exist, but flourish.”

Former Mayor Mary Rocha, who served on the council a few times, and mayor from 1996-2000, and who is and the current Antioch School Board Area 5 Trustee, responded with, “He’s trying to point fingers at everyone else. But things didn’t start to fall apart until after he was elected then elected mayor. A good example is he took away our money to put the resource officers into the school system.” (See related article)

Former Mayor Jim Davis, who was elected to the city council in 1998 and mayor in 2008 said in a direct response, “Mr. Mayor, you owe every prior mayor and councilmember for the past 30 years an apology or at least a retraction. No council allowed anyone to get away with murder, your comments are slanderous against all of the citizens of Antioch. You should be held liable.”

Former Councilwoman Norma Hernandez added her own comments to those by her husband about Thorpe’s accusation saying, “Mayor Thorpe can’t blame the past councils in the City of Antioch for what is happening, today that he, himself ignored and has created. He has to stop blaming others from the past. He needs to look in the mirror. I have been here for years, and I have never seen Antioch in this condition, and it has escalated within the last few years, big time.

What he has to start doing is knowing what his job truly is and stop attacking people from the dais. That is not lawful for him to do so. Those people are not on the agenda, and he calls them by name.

We didn’t have these problems with the police department when we were on the council. He’s lying through his teeth. Any issue with the police, we took care of, and it was confidential because it was a personnel matter. We didn’t ignore anything. He’s full of it. There was never anything like this.

He’s covering up for his incompetence, currently. He’s following the old game of, ‘look over there, look over here’ while he’s the one destroying the community. He’s trying to get the focus off of him when the real problem is him. He’s blaming everyone else for his deficiencies as the mayor.

The bottom line is, all the people he’s holding responsible and criticizing, currently I would vote for any of them over him.”

“I never hear anyone on the council, or the city attorney tell Thorpe, ‘point of order’ when he’s breaking the rules by calling people out by name. He can’t do that. None of the council members can,” Hernandez stated. “Definitely, he needs to go away. Next year the voters can make that happen. All the people he criticized have supporters in this town and they no longer support him and want him to step down.”

Former Councilman and City Clerk Arne Simonsen responded with, “I find the actions of Antioch Mayor Lamar Thorpe to be unbelievable! During my eight years on the city council (2000-2008) I routinely visited the Antioch Police Department, speaking with officers, dispatchers and Community Service Officers. I doubt Thorpe ever did that. I also doubt if Thorpe, Wilson or Walker know anything about PORAC (Police Officers Research Association of California). I attended several statewide PORAC conferences. The council I served on all had great relations with our police officers. Moving the hiring of the police chief, and the police department under the control of the city council is simply wrong. It belongs under the direction of the City Manager who knows municipal and Human Relations laws and responsibilities.

We had a mayor and a couple council members who don’t even understand the Map Act, let alone what PORAC does. I can only hope that a referendum could overturn this ordinance or that a new council rescinds it as the first order of business. Arne Simonsen, MMC” (Master Municipal Clerk)

Former Councilwoman Joy Motts, when reached for comment about Thorpe’s accusation responded, “Well if that is true then he and especially Monica are part of the problem. The truth is that none of us were aware that there were issues within APD, I think a realization many communities came to in 2020 and over the last few years.”

She also wrote about the police body cameras and Thorpe’s initial opposition to them, and then his delay in getting them approved.

“What frosts me is, as one of the last actions in Nov. 2020 after I lost reelection was that I brought forward an opportunity to purchase body cameras for our police officers,” Motts continued. “Chief Brooks and the City Attorney encouraged me to bring forward a motion to use roll over funds that we were determining it’s use at that meeting to use for body cameras.  We had close to $400,000.  Body cameras were not in our budget, so this was a perfect opportunity to help APD and the citizens of Antioch.

Lamar, who had won his election for mayor, Monica and Sean and Lori voted it down.  So, we had an opportunity to bring body cameras six months before Lamar brought them forward the next year, delaying the much needed transparency the community wanted.  Why did he do this? Because it had to be him that brought forward the idea…rather than doing what was the most expedient and best for the community. It’s all about him!
It’s a matter of public record… our meetings were all Zoom, then. I am not sure of the exact date of the meeting or the exact dollar amount. But both Chief Brooks and Thomas, the city attorney were supporting this and so was I. I was shocked that Lamar, who was running on police reform, passed up on this opportunity and great first step. It’s on the record.”

Current District 2 Councilman Mike Barbanica also weighed in saying, “I think it was a ridiculous statement and I know we have three council members, including the mayor, who have served multiple terms while these issues were occurring. They need to step up, stop blaming others and take responsibility.”

Questions for Thorpe Go Unanswered, Opportunity to Apologize Ignored

Efforts to reach Thorpe via email and voicemail with questions Thursday evening were unsuccessful prior to publication time. He was asked who it was that he claims was murdered by Antioch Police officers, which officers is he claiming committed the murders, if they are those mentioned by Mr. Hernandez in his report which he claims Thorpe ignored and would not listen to in closed session. The mayor was also asked if he has any proof to substantiate his accusations.

Thorpe also claimed in his comments that it was illegal to consider personnel matters such as the allegations by Mr. Hernandez in closed session. The mayor was asked, “Isn’t that when and where personnel matters are supposed to be discussed?”

Finally, Thorpe was given the opportunity, after having a couple days to think about, and asked if he is willing to apologize to the past mayors and council members for his accusation against them.

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

Following raised voice rant by Mayor Thorpe Antioch Council approves directly hiring police chief on split vote

Wednesday, August 23rd, 2023
The City of Antioch’s new organizational structure following implementation of new ordinance expected on December 12.

“Do I want you to become a pseudo-police chief? No. You failed,” – Former Councilman Ralph Hernandez

“Residents like you have allowed the council to get away with murder, absolute murder, because of a lack of oversight,” – Mayor Lamar Thorpe to Hernandez, the main opponent of the change.

“I do not want the police department to become a political arm of the council. I would prefer a buffer.” – Councilman Mike Barbanica

By Allen D. Payton

During their meeting Tuesday, August 22, 2023, the Antioch City Council, on two split votes of 3-2, approved directly hiring and oversight of the police chief. During council discussion, an upset Mayor Lamar Thorpe accused past councils of allowing Antioch cops to get away with “absolute murder”. Mayor Pro Tem Tamisha Torres-Walker also falsely accused officers of murdering Angelo Quinto. A former councilman, speaking as the main opponent of the change, also accuses officers of three murders. Implementation of ordinance later delayed for 90 days. (See council meeting video)

Council Approves Direct Hire, Oversight of Police Chief

The council twice voted 3-2 to directly hire the police chief, and delayed implementation of the ordinance for 90 days so Acting City Manager Kwame Reed can complete the process of hiring an interim chief. District 2 Councilman Mike Barbanica and District 3 Councilwoman Lori Ogorchock opposed the change. Mayor Pro Tem Tamisha Torres-Walker proposed a time limit of possibly one year before the authority would revert back to the city manager which was supported by District 4 Councilwoman Monica Wilson. But that was not included in the motion the council adopted.

During the public hearing but before public comments, City Attorney Thomas L. Smith explained to the council that directly hiring would also include “supervision and performance evaluation of the chief of police. Another consideration would be the additional amount of work…and time allocated for it.”

The public comments allowed for one proponent and one opponent to each speak for 10 minutes,

“We have been brainwashed we need a lot of police,” Julia Emegokwae said as the main proponent. “They’ve had the green light to terrorize us.”

Mayor Lamar Thorpe interrupted her saying. “I want to remind you, Julia to stay on topic.”

She then spoke of officers “sitting there drinking coffee, eating donuts. They have no interest in us.”

“Julia, I’m just going to remind you again this item is about changing the reporting structure,” Thorpe interrupted her, again.

“Yes. Yes. This is related to it,” she responded and continued speaking.

Ogorchock made a point of order saying, “she’s off topic, Mr. Mayor. You’ve told her twice.”

“We want that funding to go more into safety net programs,”

Mayor Lamar Thorpe interrupted her saying. “I want to remind you, Julia to stay on topic.”

“We want that funding to go more into safety net programs,” Emegokwae continued. “I applaud the city that’s going to have more control of APD.”

Former Antioch Councilman Ralph Hernandez, the main opponent, said, “With the exception of Councilman Barbanica, I don’t think any of you are qualified to discipline and run the department. You need to have some kind of law enforcement background. The city manager, generally…would have more of it than you have. You guys have said you’re too busy and need secretaries to help you. Now, you’re wanting to add more responsibilities to your duties.”

“What you need to do is put it to a vote of the public,” Hernandez continued. “I met with you in June 2020 at your home and Monica Wilson was on speakerphone. I told you about…a group of six officers…and the police chief who blew it off.”

“I asked to meet with you in closed session…to enlighten you. It never came to pass,” he continued. “This was when you were a councilman before you became mayor. Monica you were a councilperson.”

“I need you to stay on topic,” Thorpe said interrupting Hernandez.

“In your packet, the duties of the police chief…that includes looking out for our community, safety. It is part of what we’re here to discuss,” Hernandez responded. “Your history already shows you did not do anything about those things that were affecting our community. So, do I want you to become a pseudo-police chief? No. You failed. I came before you with crimes, felony crimes that were committed. What did you guys do? Now, you want to become a substitute police chief, effectively? No. You can’t do it.”

“Do any of you have law enforcement backgrounds? You don’t. In the newspapers, in your press conferences, I haven’t heard you say, ‘you know Ralph Hernandez came here and told us about this sh*t,'” he continued.

Hernandez then spoke of the residents who Antioch officers are accused of violating their rights and said he read in the media, “Black, Black, Black” and mentioned someone of a different ethnicity that officers are accused of harming.

People in the audience started calling out.

“Hold on, we’re not doing this,” Thorpe said to stop it. “Mr. Hernandez, please finish your last minute-and-a-half.”

“In the meantime, you have failed,” Hernandez continued. “I want you to look inside yourself and ask, ‘have we done the right job?’”

“You’re still missing the two reported murders of our citizens of Antioch and a reported third by Antioch officers where they hid the body. I don’t know why you didn’t want to hear from me. I have the background…the professional training. The City Manager as you currently have it is the appropriate avenue.”

Thorpe responded by saying, “What he was asking was for us to do something illegal. Going into the closed session to discuss personnel matters is against the law. I do believe you filed that with the District Attorney’s Office. We’re not investigators up here.” However, the mayor was incorrect as it is in closed session when personnel matters are discussed. But they have no authority to hire, discipline or fire any city employee other than the city manager, city attorney and soon, the police chief.

All but one of the other speakers supported the change but with caveats.

“I don’t have faith in our council, as a whole to do the job. I don’t necessarily trust a former cop (referring to Barbanica). I do believe it should be your job as the head of Antioch,” said one woman while looking at the mayor.

“You guys represent us and our voices. The council, the mayor and the city manager should decide,” another woman said.

“I think the city manager should be included in the oversight of this,” said another speaker. “Some people back the blue. They could have a bias.”

Resident Tikki Flow said, “I agree with transferring the job to the city council. For 150 years nothing has changed. I’m for reimagining things. The city council is supposed to represent the people. If it’s added more work, then…they must feel they can do the job. I feel like you guys are well qualified.”

Robert Collins spoke next saying, “Angelo Quinto called me ‘dad’. We’ve had a police department with no accountability. To have the police chief only being accountable to the city council…I don’t know if that’s the right approach. If you can’t do a commission, then you should take on that role. We do know the previous structure did not work.”

The only member of the public who spoke against the change was David George who said, “I’m very disappointed in the way you’ve run this city. I think you’ve had a big hand in the problems, here. I don’t think you’re qualified.”

Lisa Elekwachi then said, “I don’t understand why the chief needs all of you as his boss. We don’t need a whole crew of people. Honestly, I think you should be his boss, the mayor. A lot of these problems with the police department stem from upper management. Hiring the best is what’s important.”

“If we can get it right, I would love for you to be in charge of the police chief,” she continued while looking at Thorpe. “You have a political career in front of you. We can hold you accountable at the state level, too. Who we hire should not be involved in cronyism.”

“Hiring a police chief is a heavy responsibility and involves a lot,” said resident Andrew Becker. “Resources start with our first responders. I think there’s a variety of ways the council can go about this. You should be unique that works for the community. The council majority can…put out an application. But you can have retired chiefs…community members to sit on that panel. They can be a part of the selection process. It’s about bringing those voices together. Looking at old processes I don’t think work for our community. I encourage the council to be diverse in that selection process. That single individual will be paramount for that department. That reporting…obviously will involve the city manager. The council does need to be a part of that decision. We do have to appreciate that we do have that diversity. If we just have noise on one side that’s not a conversation. I do hope we can bring in regional experts.”

Mayor Lamar Thorpe points at a member of the audience during his raised voice rant about changing the hiring and oversight of the police chief from the city manager to the council during the meeting on Tuesday, August. 22, 2023. Video screenshot

Thorpe Gets Heated During Council Discussion

Thorpe then said, “this is one of the reforms we initiated in 2021 after the death of Angelo Quinto. What we decided was an open process. We wanted public involvement in the process. We also wanted some level of accountability. It was becoming apparent to me the city manager’s role…is taking us for granted.”

He said people have been asking, “’You’re going to now run the police department?’ We provide oversight for all of our departments.”

“What has happened in our city…residents like them and city councils in the past have failed to provide oversight of the police department,” Thorpe continued as he raised his voice. (See 1:16:00 mark of council meeting video)

“Ralph Hernandez was a member of the city council. He failed to provide oversight of the Antioch Police Department because this was decades in the making,” he shouted, raising his voice louder. (Hernandez served on the city council from 1992 to 1995).

“Who was the mayor when you got beat up?” Thorpe asked a member of the audience. “Don Freitas was the mayor. He failed to provide oversight of the police department.” (Freitas was elected to the city council in 1998 and served as mayor from 2000-2008).

“So, you can come in here and point the finger all you want. I don’t give a damn,” Thorpe continued with a raised voice. “Because the residents of this community have demanded the change we’re making, here today if the council continues in this direction. Because for decades residents like you have allowed the council to get away with murder, absolute murder, in failure to provide oversight.”

“The city attorney said, ‘you either have a chief of police report directly to you or report to the city manager’,” he stated. “There’s no hybrid process. This is the option that we have.”

“We have done little talking about gun violence in this community,” Torres-Walker stated, speaking next. “We can’t fool ourselves about violence and harm in our community. So, no matter what direction this council takes on this item, tonight it’s important we come together. Reform can continue but it shouldn’t continue the way it has in the past.”

“I’m for governmental destruction. It hasn’t worked, mainly for colored people in the past,” she continued. “We have to do things radically. It is the council’s responsibility when a police department harms the community. In their duty to protect public safety they actually put public safety in jeopardy.”

“I’m a governmental radically deconstructionist,” Torres-Walker stated.

“I want to thank Mr. Hernandez for making my mind up for me,” she said. “He asked, ‘who has been held accountable…in the past? Nobody.’ We have had council members who sit here and have acknowledged they did nothing. Crimes against the community have occurred under the current structure. So, what would you have us do?”

“If the council decides to move forward…is there a way to modify this recommendation to a term?” Torres-Walker asked the city attorney.

“To a specified period of time? Would it lapse back to the municipal code?” he asked in response. “Yes. You could do something like that. You would have to put in a definite period of time.”

“Like until a permanent city manager is hired?” she asked. “Could it be for a term of 12 months?”

“Yes. You would effectively be defining the powers of the acting city manager,” Smith responded. “When the time period lapses it could fall back to the municipal code. Both would be triggering affects.”

“I do want to recruit the strongest city manager we can…who is strong enough to manage the police chief,” Torres-Walker stated. “I would support this…if we can trigger it to go back to the city manager at some point.”

Barbanica spoke next saying, “My concern with this is I do not want the police department to become a political arm of the council. I would prefer a buffer. If we as council…have done a bad job in the past as far as holding people accountable, and I’m talking historically, then we need to change that.”

“I do not believe we should get into creating a political arm of the council. Should we hold officers accountable? Absolutely. Should we hold the police chief accountable? Absolutely,”

“I have to admit I was really on the fence on this because I could see both sides,” Wilson said. “What I’m really interested in is what I’ve heard from you the public. I am interested in creating a term. I know if this goes through it’s going to come back, not only for more council discussion but community. I’m not against. I just want to hear more so I can flush this out.”

“Just to be clear, I was not talking about not moving forward tonight,” said Torres-Walker. “I appreciate the process Oakland is going through. They’re going through a public process. We don’t need to slow this down. We’ve been going through a public process for the past 18 months since we found out Angelo Quinto was murdered in his family’s house.”

However, her statement is incorrect as it was reported by the county coroner’s that Quinto died three days later in the hospital from excited delirium due to the drugs in his system, while not in police custody. (See related article)

“I too have done a lot of research on this,” Ogorchock then stated. “I, too, do not want the police department to become a political arm. So, I’m not for this, tonight. I do believe the city manager should hire the police chief.”

Thorpe then explained, “The California League of Cities…this is where we get trained…in it’s resource guide it describes the relationship between the city council and the police department.”

“The police department exists within a political arena,” he said quoting the section.

“Listen, 2020 was about police reform. The previous mayor was running from the press because he didn’t want to answer questions about police officers,” Thorpe continued mentioning one officer by name, Lt. Michael Mellone.

“At the end of that process we got a new mayor,” he continued. “The city manager kept his job. The police chief kept his job. But there was no accountability for these officers that sparked these protests. We already have oversight of the police department.”

“The question is whether there should be a buffer…because of the actions of the police chief or the lack thereof,” Thorpe stated. “I am personally still for this because I am frustrated…we have been kept in the dark about the FBI investigation…and how many officers are actually on paid leave. Because there is a buffer between the police department and the elected body. I’m not for it.”

Torres-Walker then said, “I still agree with moving forward, tonight. But I still believe in checks and balances” and “returning authority to the city manager, as Mr. Hernandez properly stated.”

But she then made a motion to change the hiring, oversight and discipline of the police chief and that the chief serves at the pleasure of the city council without any time limit. It was seconded by Wilson.

“You can always come back and amend this ordinance,” City Attorney Smith said in response to a question by Torres-Walker.

The motion passed 3-2 with Barbanica and Ogorchock voting against.

“So, this will take place 30 days after its second reading. OK,” Thorpe then stated.

Council Majority Changes Motion to Delay Implementation for 90 Days

Following a break in the meeting, Thorpe then said, “I’d like to make a motion to reconsider our previous motion.”

Torres-Walker seconded the motion to reconsider.

“The city manager is in the process of hiring an interim chief. So, in that process, this would get in the way of that. I would ask you consider adding 90 days,” Thorpe stated.

“So, what we just did kind of negates what he’s doing?” Wilson asked.

“Mayor Thorpe is proposing the effective date be 90 days after the adoption,” Attorney Smith said.

“We’re looking at up to two, three months for a background check. I wanted to be respectful of his authority, now,” Thorpe responded.

Torres-Walker then made a new motion with the 90-day extension included.

Before the vote Barbanica stated, “I’m probably as shocked as you are that we are a week away from hiring an interim chief. I did not know that.”

The new motion passed, again on a 3-2 vote with Barbanica and Ogorchock voting against.

Antioch man pleads guilty to leading organized theft of lottery scratchers

Monday, August 21st, 2023

Has history of arrests by multiple agencies; group committed more than 100 thefts in 7 counties

By Ted Asregadoo, PIO, Contra Costa District Attorney’s Office

The Contra Costa District Attorney’s Office and officials with the California State Lottery announced Friday, August 18, 2023, that Ryan Anderson plead guilty to nine felony charges as the ringleader of a sophisticated organized retail theft ring.

The 32-year-old Antioch resident (born 1/18/91) was the mastermind behind a group responsible for committing more than 100 organized retail crime thefts from stores authorized to sell California Lottery Scratchers and redeem winning Scratcher tickets for prize money. Anderson, and other associated with him, targeted convenience and grocery stores throughout the counties of Contra Costa, Alameda, Marin, Sacramento, San Joaquin, Solano, and Stanislaus.

“Organized retail crime is serious a crime that will not be tolerated in our communities,” said District Attorney Diana Becton. “We will continue to work with our retailers and all of our state and local justice partners to hold these offenders accountable with arrest, prosecution, conviction, incarceration, and full restitution.”

By early 2022, the California State Lottery investigators — working with multiple law enforcement agencies and Contra Costa DA’s Major Financial Crimes division — identified Anderson as the ringleader of a group responsible for 71 separate thefts of lottery tickets valued at a total of $95,565.00 and an additional $59,105.00 in prize money stolen from 65 retail locations across 7 Northern California counties between March 27th, 2022, and October 25, 2022. The retail crime spree stopped when Contra Costa prosecutors were able to keep Anderson in custody.

Under state laws, the Contra Costa County District Attorney’s Office was able to prosecute Anderson for all his crimes, even though they occurred in multiple counties. This is because state laws allow a single county to prosecute offenses if a crime — or the effects of a crime — crosses county lines.

During a court hearing in Martinez today, the California State Lottery made a victim impact statement noting that “tens of thousands of dollars” Anderson and others stole victimized not only the California State Lottery, but also its retail partners, many of which are “small, independently owned businesses that rely on the sale of Lottery games to thrive.” Moreover, lottery players were victims who lost out on the opportunity to win, and “public school students who have been robbed of additional funds to support important programs and enriching learning environments.”

The terms of the plea mean that Anderson will spend three years in state prison, admit probation violations, and pay full restitution to the California State Lottery. In court, Anderson presented a letter of apology to the victims of the crimes he committed saying, in part, that he wants to make an “honest living” so he will be able to “pay back any money [that] is owed.”

The lengthy investigation into these incidents was favorable due to the partnerships between the Contra Costa District Attorney’s Office, the Contra Costa Probation Department, the Security/Law Enforcement Division of the California State Lottery, and the collaborative efforts of dozens of local law enforcement agencies.

According to localcrimenews.com, Anderson, a 5’11”, 170 lb. Black male, has a history of arrests dating back to 2015 by multiple agencies including Antioch PD, Concord PD, Walnut Creek PD, Contra Costa Sheriff’s Office and Sacramento Sheriff’s Office for a variety of crimes such as assault with a deadly weapon or assault with force likely to produce great bodily harm, vandalism, vehicle theft, attempted robbery, petty theft, DUI and while license suspended, and burglary.

Case No. 04-22-01154 | The People of the State of California v. Anderson, Ryan

Case No. 04-203281-1| The People of the State of California v. Anderson, Ryan

Allen D. Payton contributed to this report.

DA charges five Antioch, Pittsburg officers with obstruction of justice, bribery for fixing traffic tickets

Saturday, August 19th, 2023

Face six complaints; three APD personnel arrested Thursday now on unpaid leave

By Ted Asregadoo, PIO, Contra Costa District Attorney’s Office

Contra Costa District Attorney Diana Becton announced Friday, August 18, 2023, the filing of charges against five officers who engaged in a criminal conspiracy and accepted bribes for voiding the citations of friends while serving as sworn police officers for the Antioch and Pittsburg Police Departments.

“The charges set forth in these complaints allege offenses of public corruption,” said District Attorney Becton. “As District Attorney for Contra Costa County, my role is to seek justice and work on solutions to improve our communities. The legal action we’ve taken here today reflects that commitment.”

In all, six complaints were filed in Superior Court of California, County of Contra Costa. The alleged offenses center on fixing traffic violations of associates of sworn peace officers. The defendants are: former Antioch officer Timothy Manly Williams and current officers Calvin Prieto, Andrea Rodriguez and Ben Padilla and former Pittsburg officer Juan Ernesto Mejia-Orozco.

On March 22, 2022, state and federal investigators obtained search warrants for the cell phones of a number of officers. During a forensic analysis of the phones, investigators uncovered evidence of criminal wrongdoing, which culminated in conspiracy to obstruct justice and bribery.

Timothy Manly-Williams also faces a federal criminal indictment related to violations that arose out of a joint DA/FBI investigation.

In addition to the criminal conduct, a large trove of overtly racist, sexist, and homophobic text messages was uncovered. The conduct of the officers has compromised a number of cases and triggered scrutiny under the California Racial Justice Act (PC 745).

As previously reported, Manly-Williams, who is no longer with APD, and Mejia-Orozco, were indicted on Wednesday and arrested Thursday following the FBI investigation, along with two current and two former Antioch officers as well as one current Antioch community service officer and one current and two former Pittsburg officers.

In a Friday evening email, Acting Antioch City Manager Kwame Reed wrote, “All staff members that received federal indictment have been placed on unpaid administrative leave.” They include Officers Morteza Amiri and Eric Allen Rombough and Community Service Officer Samantha Genoveva Peterson.

Allen D. Payton contributed to this report.

9 Antioch, Pittsburg officers charged with civil rights violations, steroid distribution, wire fraud, destroying evidence

Thursday, August 17th, 2023
Current and former Antioch officers arrested on Thursday, August 17, 2023, are (top L-R) Community Service Officer Samantha Genoveva Peterson, Officers Morteza Amiri and Eric Allen Rombough and (bottom L-R) former officers Devon Christopher Wenger, Timothy Allen Manly Williams and Daniel James Harris. Photos: APD

Press conference held on arrests, indictments of 3 current, 3 former APD, 3 former Pittsburg and 1 Oakland Housing Authority cops; face up to 10 to 20 years in prison and $250,000 to $500,000 in fines

Three Antioch officers charged with civil rights crimes for their alleged conspiracy to use unnecessary force in deploying munitions and a police K-9

“This is a complicated investigation. These always are.” – U.S. Attorney Ismail Ramsey – “Every defendant is assumed innocent until proven guilty in a court of law. No defendant is charged with all the charges in all the conduct.”

By Allen D. Payton

U.S. Attorney for the Northern California District Ismail Ramsey in his first press conference in San Francisco and Special Agent in Charge of the FBI San Francisco Division Robert Tripp, shared information about the 10 current and former Antioch and Pittsburg Police officers who were arrested this morning on multiple charges. It follows the four indictments issued by the federal Grand Jury, yesterday and which were unsealed, today.

Joining Ramsey and Tripp at the press conference were Contra Chief Assistant District Attorney Simon O’Connell and several members of the prosecution team, Laura Vartain, Chief of the U.S. Department of Justice Northern California Special Prosecution Unit including Alethea Sargent, Assistant U.S. Attorney, Criminal Division, Eric Cheng Assistant U.S. Attorney, Special Prosecutions, and Assistant U.S. Attorney Ajay Krishnamurthy.

Former Pittsburg Officer Amanda Carmella Theodosy (aka Nash), Ernesto Juan Mejia-Orozco and Patrick James Berhan were arrested on Thursday, Aug. 17, 2023. Photos: Pittsburg PD (A photo of Oakland Housing Authority officer Brauli Rodriguez Jalapa could not be located).

Indicted and arrested are current Antioch officers Morteza Amiri, Eric Allen Rombough and Community Service Officer Samantha Genoveva Peterson, former APD officers Daniel James Harris, Devon Christopher Wenger and Timothy Allen Manly Williams, as well as former Pittsburg officers Amanda Carmella Theodosy (aka Nash), Patrick James Berhan and Ernesto Juan Mejia-Orozco, and Oakland Housing Authority officer and Brauli Rodriguez Jalapa.

U.S. Attorney for Northern California Ismail Ramsey holds a press conference with and Special Agent in Charge of the FBI San Francisco Division Robert Tripp, (2nd from left), Assistant U.S. Attorney, Special Prosecutions Eric Cheng, Contra Chief Assistant District Attorney Simon O’Connell and Assistant U.S. Attorney Ajay Krishnamurthy. Screenshot of NBC Bay Area News video.

After a year-and-a-half investigation by the FBI and Contra Costa DA’s Office for what were referred to as “crimes of moral turpitude”, committed by the current and former officers were finally described. Ramsey said they include conspiracy to violate civil rights, conspiracy to commit wire fraud, distributing anabolic steroids, obstruction and civil rights violations.

“Every defendant is assumed innocent until proven guilty beyond a reasonable doubt in a court of law. No defendant is charged with all the charges in all the conduct,” he stated.

Ramsey then described the four indictments against the officers.

The first he labeled the “college degree benefits fraud indictment” in which “officers sought to defraud the Antioch and Pittsburg Police Departments. They hired people to attend classes and take exams for them. They conspired…to reap the financial benefits without putting in the work.”

“Two defendants are charged with distributing anabolic steroids,” Ramsey continued. “One of the two defendants destroyed evidence. Those are former Antioch officers Daniel Harris and Devon Wenger.

“One defendant is charged with obstruction indictment,” he continued. “A police officer destroyed, altered evidence to obstruct a federal investigation…monitored a wiretap. He used his own personal phone to call a defendant in the wiretap.” That refers to former Antioch officer Timothy Allen Manly Williams.

Ramsey said he is “Also charged with a civil rights violation in confiscating a citizen’s phone and destroying it to conceal evidence.”

The fourth he referred to as the “deprivations of rights indictment…a 29-page indictment of three officers in the Antioch Police Department.” They include the “improper deployment of canines and weapons to harm individuals in and around Antioch. They boasted about illegal use of force and texted photos of injured individuals,” Ramsey said. That indictment includes current officers Morteza Amiri, Eric Allen Rombough and Wenger.

He referred to them as “a group of officers who acted is if they were above the law. They tried to escape scrutiny by failing to submit truthful reports and deploy body warn cameras.”

Asked later about that claim since Antioch officers didn’t have body worn cameras during the time period of their alleged crimes, DOJ Nor Cal spokesman Abraham Simmons responded, “I am certain he is referencing the allegations actually in the indictments. I can look again at the indictments.”

“Officers take an oath,” Ramsey continued during the press conference. “The indictments paint a picture, today that demonstrate officers who have violated that oath.

“All officers indicted have been arrested,” he added and thanked those involved including CCDA Becton.

FBI Special Agent in Charge Tripp said, they “arrested nine subjects. All are or were associated with the Pittsburg or Antioch Police Departments. Three were current employees who had been placed on administrative leave.”

The arrests were made in “the Bay Area, Hawaii and Texas” and “more than 100 law enforcement employees participated,” he stated.

Tripp said it was the result of “more than two years of painstaking work.” 

“The FBI treated these arrests like any other operation,” he said. “We used the same techniques and assessed the risks.

“This case has been the SF Field Office’s top priority,” Tripp continued. “We use the term color of law for the shorthand of someone using their official position to undermine public confidence in the law and undermine the fundamental rights of our citizens.”

“Color of law violations will not be tolerated. Not all indictments are color of law violations. Any breach of the public trust is unacceptable. Nobody is above the law,” he stated.

In response to a question from a member of the media “will more indictments be coming down,” Ramsey said, “The investigation is still continuing,” Ramsey said.

Asked “can we expect any state charges?” he said. “We’re here to comment on our charges. The investigation on the federal side is continuing. We are now at the point where we have indictments returned and individuals in custody.”

Asked where the court cases will be held Ramsey said, “This case is venued in Oakland. There have been numerous hearings today. The schedule for additional appearances is being worked out.”

Asked about those arrested in Texas and Hawaii Ramsey said, “The arraignments for those will happen in the districts where they were arrested. They then have to…be brought to here, to address the charges on this case.”

“Civil rights violations under the color of law are a priority…of my office and the FBI’s,” he stated

Asked about the text messages he responded, “As laid out in the indictment there’s a series of text messages…in which officers are bragging about violating citizens’ civil rights and texting photos of citizens. We believe these are egregious and has led to these charges. This is a complicated investigation. These always are. We have four of the ASA’s who worked tirelessly on this case. They’re prepared to take steps necessary to prosecute.”

“Civil rights violations are a unique priority of ours. I don’t want you to think steroid distribution or wire fraud are not serious. They’re federal violations,” Ramsey added.

Press Release Offers Additional Details in Indictments

A press release labeled “Bad Apples Indictment” was issued later Thursday with additional details about the indictments:

At the press conference, U.S. Attorney Ramsey referred to the first indictment as the “college degree benefits fraud indictment.” According to the indictment, six defendants engaged in a conspiracy to defraud police departments out of taxpayer dollars, including the Antioch and Pittsburg Police Departments, by claiming they had earned college credits toward degrees when, instead, they paid others to attend classes and take exams for them. Specifically, beginning in June of 2019, Officer Patrick James Berhan of the Pittsburg Police Department utilized a person identified as “Individual 1” to complete multiple college courses on his behalf.  The courses were credited toward Berhan’s completion of a Bachelor of Science degree in Criminal Justice. Berhan allegedly received a degree and then applied for and received reimbursements and increases to his pay from Pittsburg Police Department.  Further, the indictment alleges Berhan “promoted Individual 1’s services” and “benefited from payments received by Individual 1 in furtherance of the scheme.”  The indictment describes how five other members of the police departments retained Individual 1 to complete similar coursework from the university.  Each paid money to Individual 1, obtained a degree based on the fraudulent coursework, and applied for benefits including reimbursements and increases in pay from their law enforcement employer.

The second indictment charges two defendants with conspiring to distribute anabolic steroids.  The indictment describes how Officers Daniel Harris and Devon Wenger, both of the Antioch Police Department, allegedly conspired illegally to distribute the drugs to an unnamed customer.  The indictment also alleges that Harris possessed and attempted to possess the drugs, and that Wenger attempted to delete evidence of the scheme from his cellular phone prior to handing the phone over to law enforcement officers. 

The third indictment charges a single defendant, Timothy Allen Manly Williams (Manly), also then with the Antioch Police Department, with three charges—two involving alleged interference with a wiretap investigation and the third involving the illegal seizure and destruction of a telephone.  The indictment alleges that on March 23, 2021, Manly was assigned to a “wire room” where, pursuant to a court order, he was supposed to monitor communications between a target and others who contacted the target by telephone.  While monitoring the target, Manly allegedly used his personal cellphone, dialed a special code to ensure his number would not appear to others, and called a target of the investigation.  After dialing the number, Manly also designated his call to the target to be “non-pertinent” ensuring the 14-second conversation would not be recorded.  Manly also allegedly made entries on the wire logs to suggest that the call he made resulted in no answer and no audio.  The indictment further alleges that on May 6, 2021, Manly was on the scene when another officer deployed a police dog when arresting a person. Upon seeing a witness using a cellular telephone to record the aftermath of the incident, Manly allegedly seized the witness’s telephone and destroyed it.

The fourth indictment charges three Antioch police officers—Morteza Amiri, Eric Rombough, and Devon Wenger—with conspiracy against rights and deprivation of rights under color of law.  The 29-page indictment describes how the defendants allegedly communicated with each other and others about using and intending to use excessive force against individuals in and around Antioch.  The uses of excessive force included deployment of a K9, deployment of a 40mm “less lethal” launcher, and other unnecessary violence.  Further, the indictment alleges that the defendants deployed uses of force as “punishment” to subjects “beyond any punishment appropriately imposed by the criminal justice system,” and allegedly made repeated reference to or suggestion of violating the civil rights of their victims.  Examples in the indictment include the following:

  • On July 24, 2019, Amiri allegedly pulled over a bicyclist, identified as A.A., for failing to have lights on after dark.  The indictment alleges that “[i]n the course of apprehending A.A., Amiri punched him multiple times; K9 Purcy then bit A.A. in the arm, injuring him.”  Amiri then shared pictures of the victim’s wounds with other Antioch police officers who exchanged text messages including: “Yeah buddy good boy pursy,” “F[expletive] that turd,” and Amiri later stated “Detectives already called PRCS and got him a 45 day violation and we are gonna leave it at that so i don’t have to go to court for the bite. easy.”  In response to a question from another officer about what cut the dog’s face, Amiri responded, “that’s a piece of the suspect’s flesh lol.” 
  • On October 8, 2020, Amiri allegedly sent a text message identifying a transient living in Antioch identified as M.Z. stating “anyone that finds him gets code [a free meal or beverage].  This f[expletive] stole my mail and was trying to open accounts under my name.” Wenger responded “Lets beat his f[expletive] ass I’m down after work morty” According to the indictment, the recipients of Amiri’s message located M.Z. later that evening. Amiri then arrived on the scene, shoved M.Z. against a wall and threatened to kill him. The indictment also alleges that a few months later Amiri texted another group of officers in reference to M.Z., “few months ago, I tracked him down and dragged him to the back of a car to ‘discuss’ the matter,” and “putting a pistol in someone’s mouth and telling them to stop stealing isn’t illegal. . .  it’s an act of public service to prevent further victims of crimes” 
  • On May 5, 2021, Rombough accompanied other Antioch police officers who responded to a report that transients were living inside a privately-owned unit.  While responding, Rombough and another officer located a couple lying on a bed inside a room.  Rombough deployed a 40mm less lethal launcher at one of the persons on the bed, hitting them in the chest and knocking them off the bed. 
  • On August 24, 2021, Rombough accompanied other Antioch police officers as they executed a search warrant at a residence in Antioch.  Officers located a subject—identified as J.W.—inside a locked bedroom holding a video game controller while sitting on an air mattress, with a video game on a television screen.  J.W. removed a pair of headphones and raised his hands as officers, including Rombough, entered the room.  One officer took J.W.’s left arm to arrest him as four other officers surrounded J.W.  As the other officer held J.W.’s left arm on the bed, Rombough deployed the 40mm less lethal launcher at J.W., injuring him. 

The indictment describes several other incidents of excessive force as well as the collection and sharing of pictures to memorialize acts of violence and the collection by defendant Rombough of spent munitions to commemorate his deployment of the 40mm launcher. 

An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. 

The indictments charge the following defendants with crimes as follows:

Source: U.S. Attorney’s Office Northern California District

In addition, as part of any sentence following conviction, the court may order defendants to serve an additional term of supervised release to begin after a prison term as well as additional fines, and restitution, if appropriate.  Any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

The case is being prosecuted by the Special Prosecutions Section and Oakland Branch of the United States Attorney’s Office. The prosecution is the result of an investigation by the FBI and the Office of the District Attorney of Contra Costa County.

Further Information:

Case #s:

23 CR 264 JSW

DEFENDANT(S)

PATRICK JAMES BERHAN,

MORTEZA AMIRI,

AMANDA CARMELLA THEODOSY,

a/k/a AMANDA CARMELLA NASH,

SAMANTHA GENOVEVA PETERSON,

ERNESTO JUAN MEJIA-OROZCO, and

BRAULI RODRIGUEZ JALAPA

INDICTMENT

18 U.S.C. § 1349 – Conspiracy to Commit Wire Fraud (one count)

18 U.S.C. § 1343 – Wire Fraud (six counts)

18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c) – Forfeiture Allegation

23 CR 267 YGR

DEFENDANT(S)

TIMOTHY ALLEN MANLY WILLIAMS

INDICTMENT

18 U.S.C. § 1519 – Destruction, Alteration, and Falsification of Records in Federal Investigations;

18 U.S.C. § 1512(c)(2) – Obstruction of Official Proceedings;

18 U.S.C. § 242 – Deprivation of Rights Under Color of Law

23 CR 268 HSG

DEFENDANT(S)

DANIEL JAMES HARRIS and

DEVON CHRISTOPHER WENGER

INDICTMENT

21 U.S.C. §§ 846, 841(a)(1), and (b)(1)(E)(i) – Conspiracy to Distribute and Possess with Intent to Distribute Anabolic Steroids;

21 U.S.C. §§ 846, 841(a)(1), and (b)(1)(E)(i) – Attempted Possession with Intent to Distribute Anabolic Steroids;

21 U.S.C. §§ 841(a)(1) and (b)(1)(E)(i) – Possession with Intent to Distribute Anabolic Steroids;

18 U.S.C. § 1519 – Destruction, Alteration, and Falsification of Records in Federal Investigations

21 U.S.C. § 853 – Forfeiture Allegation

23 CR 269 AMO

DEFENDANT(S)

MORTEZA AMIRI,

ERIC ALLEN ROMBOUGH, and

DEVON CHRISTOPHER WENGER

INDICTMENT

18 U.S.C. § 241 – Conspiracy Against Rights (one count)

18 U.S.C. § 242 – Deprivation of Rights Under Color of Law (seven counts)

18 U.S.C. § 1519 – Destruction, Alteration, and Falsification of Records in Federal Investigations (one count)

A copy of this press release will be placed on the U.S. Attorney’s Office’s website at www.usdoj.gov/usao/can.

Electronic court filings and further procedural and docket information are available at https://ecf.cand.uscourts.gov/cgi-bin/login.pl.

Judges’ calendars with schedules for upcoming court hearings can be viewed on the court’s website at www.cand.uscourts.gov.

“Police officers promise to enforce laws for the protection of the public and to protect the rights of the accused,” said U.S. Attorney Ramsey. “That is the job.  The indictments describe officers who are alleged to have violated this oath. When this happens, the damage done to the public trust cannot easily be calculated.  This office will not rest until all persons who have engaged in this sort of behavior are apprehended and prosecuted.” 

“This case is one of the highest priorities for the San Francisco Field Office,” said FBI Special Agent in Charge Tripp. “Law enforcement officers bear a tremendous responsibility to police our communities lawfully in keeping with the constitution, and we must always be true to that guiding principle. I want to extend my sincere appreciation to the FBI agents, analysts, and law enforcement partners who worked tirelessly on this case and whose efforts culminated in the operations today.”

Antioch officer’s attorney says arrest raid with flash bang, bullhorn was showboating, overblown

Thursday, August 17th, 2023
Antioch Police Officer Morteza Amiri on the day he was sworn in Nov. 27, 2017 (left) and more recently. Photos: APD

At least one arrest occurred at 5 a.m. waking neighbors

By Allen D. Payton

Mike Rains and his law office represents the Antioch Police Officers Association and one of the eight current or former officers indicted yesterday by the Federal Grand Jury in San Francisco and arrested, this morning. But he says the arrest and the way it occurred with the FBI raids on his client’s and the other officers’ homes was unnecessary.

In an NBC Bay Area news report earlier Thursday, “Rains said the FBI agents, including some from Southern California, used a flash bang and bullhorns during the “forcible arrest” of his client, adding the officer would have surrendered if asked.”

In addition, a neighbor of one of the officers posted a comment on Facebook writing, “One happened right in front of my house. Ring camera caught the whole thing. Needless to say we all woke up at 5 am today lol.”

When reached about the arrests and in response to which Antioch officer he represents Rains said, “Our office represents (Officer Morteza) Amiri, myself and Julia Fox. Amiri is named in two indictments. He clearly has the most counts.”

Asked why the arrests and raids instead of allowing the officers to turn themselves in Rains responded, “That’s all they needed to do. They’ve been in touch with us repeatedly. Assistant U.S. Attorney Eric Cheng and I have talked on the phone at least 10 times about other Antioch officers they wanted to testify at the Grand Jury. So, we knew they were running a grand jury. All the officers have been cooperating.”

“They know we’re responsible lawyers…we have control over Amiri,” his attorney continued. “While on administrative leave he’s been required to call in to the department every single day. There’s no way they had to do this showboating with flashbangs and the other nonsense they pulled today.”

Asked where his client was arrested Rains said, “Amiri was in California at home.”

Although, Special Agent in Charge of the FBI San Francisco Division Robert Tripp said during today’s press conference, “The FBI treated these arrests like any other operation. We used the same techniques and assessed the risks,” Rains disagreed.

“Of course, they didn’t need to do it. It was completely unnecessary and overblown,” the attorney reiterated. “They needed to do that? Give me a break. It was stupid.”

Amiri was hired by the Antioch Police Department in November 2017 as a lateral transfer from the Brentwood Police Department where he had three years of experience. He now faces multiple charges including one count of Conspiracy Against Rights, seven counts of Deprivation of Rights Under Color of Law, one count of Destruction, Alteration, and Falsification of Records in Federal Investigations, one count of Conspiracy to Commit Wire Fraud, six counts of Wire Fraud and a Forfeiture Allegation.

Amiri is still currently employed by APD and on paid administrative leave.

The officers are now being held in a federal detention center in Oakland, according to Rains, NBC Bay Area news reported.

Acting Antioch Police Chief issues statement on arrests of current, former officers

Thursday, August 17th, 2023

“…disheartening and undermines the incredible work our staff does on a daily basis.”

“No individual – including a police officer – is above the law.” – Acting Chief Joe Vigil

Acting Antioch Police Chief Joe Vigil. Photo: City of Antioch

August 17, 2023 – Antioch, California – Acting Chief of Police Joe Vigil released the following statement regarding the arrest of current and former APD Officers as announced by the United States Attorney today in San Francisco (See related article):

“Today’s announcement reporting the arrest of current and former APD officers is disheartening and undermines the incredible work our staff does on a daily basis. Any police officer who breaks public trust must be held accountable, especially because our effectiveness relies heavily on confidence and support from our community.

I would like to thank the Federal Bureau of Investigation, Contra Costa District Attorney’s Office, California Department of Justice, and United States Attorney’s Office for their diligence in this investigation. From the beginning of this investigation, our administration has been fully cooperating with these agencies, and will continue to do so. No individual – including a police officer – is above the law.

We are precluded from making any further statements on this matter out of concern for the ongoing criminal and internal investigations.”

According to U.S. Attorney for the Northern California District Ismail Ramsey, 10 current or former officers were arrested today in California, Texas and Hawaii, including one current and two former Pittsburg Police officers, one Oakland Housing Authority officer and six officers from Antioch, three of whom are no longer with the department. They include Timothy Allen Manly Williams, as previously reported and according to APD spokesman Lt. Michael Mellone, Daniel Harris and Devon Wenger are also no longer employed by the department.

Allen D. Payton contributed to this report.