Hired in June 2019, Matthew Nutt was terminated this year; APD provides body cam footage

By Lt. Michael Mellone, Community Engagement, Antioch Police Department

As has been previously reported, former Antioch Police Officer Matthew Nutt was terminated from his employment as the result of an internal investigation into his use of force against an individual during a traffic stop on July 1, 2022. During the incident, Mr. Nutt learned the driver of a vehicle stopped for not displaying license plates had an outstanding felony warrant for shooting at an inhabited dwelling or occupied vehicle and conspiracy. Upon placing the individual under arrest, he refused to sit in the back of a police vehicle and displayed physical resistance. Mr. Nutt used force against the arrestee, consisting of a series of punches and kicks, along with knee and elbow strikes.

Mr. Nutt’s application of force triggered an automatic review of his body-worn camera footage. The reviewing supervisor had concerns about what was depicted in the video and believed Mr. Nutt may have violated Antioch Police policies governing use of force. The supervisor communicated his concerns through official channels, and an internal review was initiated. Mr. Nutt was placed into an assignment with no direct public contact.

After a thorough investigation, Mr. Nutt was sustained on four (4) use of force policy violations, including using unreasonable force, failure to de-escalate, and failure to use alternative tactics. Chief Steven Ford reviewed the findings of the investigation and terminated Mr. Nutt from his employment with the Antioch Police Department on April 21, 2023.

Members of the Antioch Police Department Professional Standards Unit initiated a criminal investigation into the matter and presented their findings to the Contra Costa County District Attorney’s Office. On June 13, 2023, the Contra Costa County District Attorney’s Office charged Mr. Nutt with one misdemeanor count of assault by a public officer.

Chief Steven A. Ford released the following statement regarding this incident:

“Police officers are entrusted with the authority to use reasonable force to protect the public and themselves in the lawful performance of their duties. This requires close supervision and evaluation to maintain public legitimacy and preserve the sanctity of human life. The Antioch Police Department is committed to accountability and full transparency – my hope is our community will see the actions of our personnel to investigate and bring this matter to my attention as an expression of their commitment to accountability and the core tenets of their oath. This unfortunate incident is not reflective of the women and men who serve our community – please join me in continuing to offer our support of their hard work.”

Mr. Nutt was hired in June 2019 and employed with the Antioch Police Department for four years and had two years of prior experience with the Los Angeles Police Department. (See related article)

In the interest of transparency – and in accordance with State Law – we are releasing the following documents and evidence:

(WARNING – violence and profanity)

Internal Investigation Report – https://antioch.nextrequest.com/documents/21707013

Former Officer Nutt Body Cam Video #1

Former Officer Nutt Body Cam Video #2 (labeled #6)

Officer Dustin Dibble Body Cam Video (labeled #4) – this video shows Nutt punching and kicking the detainee. (See 1:00 minute mark)

Sergeant Josh Evans Body Cam Video (labeled #5)

Redactions have been made to these items in accordance with State Laws governing release of certain privileged and/or protected information.

The Antioch Police Department trains officers and has several policies on use of force, de-escalation, and alternative tactics, which can be reviewed on our transparency website:

SB 978Policy Manual / Training Materials

The Antioch Police Department recently joined a Trust Building Campaign https://www.theiacp.org/iacp-trust-building-campaign with 25-key policy enhancements we have pledged to implement within a 36-month period. We have also begun a process to seek accreditation of our Police Department and Dispatch Center, which includes regular audits of our policies and practices by an internationally recognized organization.

35 officers currently on administrative leave

By Allen D. Payton

In a statement posted on his campaign website and shared on his official social media pages on Monday, June 12, 2023, Antioch Mayor Lamar Thorpe commented on the fatal shooting on Sunday morning that took the life of an 18-year-old female and wounded six others who were attending a birthday party. (See related article)

In it, he called for “the officers involved in the racist text-messaging scandal” to be fired immediately but Thorpe wouldn’t say how many officers that entails. Following is the post of his statement:

Statement by Mayor Lamar Thorpe Re. Mass Shooting

Antioch, CA- On June 6, 2023, Mayor Thorpe issued the following statement regarding the mass shooting in Antioch:

“Birthdays are one of the most intimate and sacred celebrations in everyone’s life. They represent growth, reflection, and appreciation for life’s gifts. Over the weekend one such celebration was cut short as a result of gun violence.

An 18-year-old young lady lost her life and 6 others were injured. My heart is with the victims and families of this horrific incident.

Across the US, there have been at least 290 mass shootings so far this year. I’m saddened to report that Antioch joins the growing list of cities that have experienced mass shootings in 2023.

Earlier this morning, I was briefed by Chief Steve Ford about this weekend’s incident. During my briefing, I reiterated to the Chief that the officers involved in the racist text-messaging scandal (who are currently on administrative leave) need to be fired immediately so we can free up those positions and hire new police officers directly from the academy.

Each day these officers are on leave is another day we are prevented from having a stronger police presence on our streets to deter and/or respond to gun violence.”

As of Tuesday afternoon, the date of his post is still incorrect as are the spelling of “Antioch” and “Bay Area” in the tags at the end.

Thorpe was asked via email Monday afternoon which of the officers in the text scandal does he want Chief Ford to immediately terminate. “All 45 of them Including those who received but did not respond to the offensive texts from some of the officers? Or just the officers who sent the texts?” He was also asked how many officers are currently on administrative leave during the investigation of the scandal. Thorpe did not respond.

When asked how many officers are on paid leave due to the text scandal, Antioch Police spokesman Corporal Price Kendall shared there are 115 authorized sworn officers, with 98 currently on staff. Of those 35 are on administrative leave total, but he would not specify what type, leaving 49 officers on full duty with 31 on patrol.

Regarding Thorpe’s call for the terminations Kendall added, “The Antioch Police Department is not handling the investigation. We have been recused from the investigation by the City Attorney. The City Attorney is handling the investigation. Chief Ford cannot make any decisions regarding those involved until the City Attorney completes his investigation. The mayor knows this.”

Also shot her husband over domestic relationship; bail set at $35 million

By Lt. John Fortner, Antioch Police Investigations Bureau

As previously reported, on May 25, 2023, at approximately 8:45 PM, the Antioch Police Department Dispatch Center started receiving numerous 9-1-1 calls reporting multiple gunshots being fired at the 4400 block of Delta Fair Boulevard.

As officers were responding, witnesses called to report two victims were down on the ground and yelling for help. When officers arrived at the scene, they located two victims outside. One male victim was suffering from at least two gunshot wounds to his legs, and one female victim was suffering from what appeared to be two gunshot wounds to the head. Evidence at the scene indicated the incident occurred outdoors in front of several residences. Officers immediately began administering first aid and called for fire department and AMR paramedics. The male victim was transported to a local area hospital, and the female victim ultimately succumbed to her injuries at the scene.

Prior to police arrival, the suspect fled the area in a vehicle and has not been contacted by police. Antioch Police Department’s Investigations Bureau responded to the scene and took over the investigation. During the initial investigative response to this shooting homicide, detectives with the Violent Crimes Unit developed information that the suspect was in a domestic relationship with the 39-year-old victim.

Detectives learned that earlier in the day, the suspect traveled to the victim’s residence and became involved in an altercation with both victims. During that altercation, the suspect fired several shots at a 43-year-old male resident, striking him twice. The male victim was later determined to be the homicide victim’s husband. Afterwards, the suspect turned the gun on the female victim and shot her in the head and upper back. The suspect fled from the scene and was not contacted that evening.

During the course of the investigation, and from evidence at the scene processed by the Forensic Services Division (of the Contra Costa County Sheriff’s Office), the suspect was identified as 46-year-old Brian Yacopetti of Antioch, a subject on parole for assault.

On May 30, 2023, detectives with the Special Investigations Unit teamed with the United States Marshals Service to locate Yacopetti, and safety take him into custody, in the City of Brentwood. Yacopetti was transported and booked into the Martinez Detention Facility.

On Wednesday, June 7, 2023, lead detectives with the Violent Crimes Unit presented the case to the District Attorney’s Office. After reviewing the case, the District Attorney’s Office filed charges against Yacopetti for Murder, Attempted Murder, Violent Felon in Possession of a Firearm, and several criminal sentence enhancements. Bail was set at $35 million dollars.

The Antioch Police Department would like to thank the community for their cooperation, and the Contra Costa County Forensic Services Division, and US Marshals Service for their assistance.

Following graduation from academy in Alameda County; brings total staffing to 98 sworn officers

By Antioch Police Department

Last week, Antioch PD swore in Gustavo Jimenez as a new officer. Captain Tony Morefield administered the oath of office as Jiminez’ parents, District 3 Councilwoman Lori Ogorchock, City Attorney Thomas L. Smith and others looked on.

Gustavo was born in Martinez and was raised in Brentwood, graduating from Liberty High School. While there, he played football and was a referee for soccer matches. While being a referee, he traveled all over the US. He officiated in the highest level of youth soccer in the nation, and for adult teams, he was a referee at the semiprofessional level.

Captain Trevor Schnitzius and Officer Joseph Chandler were honored to attend the Alameda County Police Academy graduation in May and welcome our newest academy grad.

During his free time, he enjoys working on cars, working out, and playing video games. A fun fact about Gustavo is he has been riding his motorcycle longer than he has been driving a car.

Welcome, Gustavo!

With his addition there are 98 sworn officers currently on staff with the department out of 115 authorized in the budget, and 49 on full duty.

Allen D. Payton contributed to this report.

Victims include four other females, two males; police seek unknown suspect(s)

By Lt. John Fortner, Antioch Police Investigations Bureau

On Sunday, June 11, 2023 at approximately 12:58 AM, the Antioch Police Department Dispatch Center started receiving numerous 9-1-1 calls reporting multiple gunshots being fired at a residence in the 3300 block of Sunset Lane.

As officers were responding, witnesses called to report several victims had been shot. When officers arrived at the scene, they located multiple victims outside, and a large crowd. Officers were told a birthday party for a 19-year-old male was being held at the residence, which attracted a lot of party-goers. During the party, multiple shots were fired after some uninvited guests arrived. This created a panic where attendees, to include gunshot victims, fled in multiple directions and into the neighborhood. Many victims drove themselves to local area hospitals.

After numerous officers secured the scene, it was determined a total of seven (7) people suffered from gunshot wounds.

– (1) 18-year-old female was transported to a local area hospital and succumbed to her injuries

– (1) 18-year-old male suffered a non-life-threatening gunshot wound

– (2) 19-year-old females and (1) 19-year-old male suffered non-life-threatening gunshot wounds

– (2) 20-year-old females suffered non-life-threatening gunshot wounds

Prior to police arrival, the suspect(s) fled the area in a vehicle and have not been contacted by police. Antioch Police Department’s Investigations Bureau responded to the scene and took over the investigation. Currently, detectives are interviewing numerous witnesses and residents in the area and are working to identify any suspects or persons-of-interest. The investigation is still active, and evidence is being collected.

Anyone with information is asked to contact Detective Gragg, rgragg@antiochca.gov at (925) 779-6889, or Detective Duffy, aduffy@antiochca.gov at (925) 779-6884. You may also text-a-tip anonymously to 274637 (CRIMES) using the key word ANTIOCH.

DNA evidence linked suspect to killing

By Pittsburg Police Department

Nearly 16 years after the killing of a Pittsburg man, DNA evidence has led to the arrest of his killer. On June 7, 2023, Pittsburg Police Department detectives arrested 40-year-old Desante Lavelle Blake of Antioch for the 2007 murder of Larry Abercrombie.

On June 8th, 2007, Abercrombie was found suffering from gunshot wounds in front of his home in the 200 block of S. Catamaran Circle. Despite an extensive investigation at the time, no arrests were made, and the case remained unsolved for nearly two decades.

Recently, a Pittsburg Police Department Cold Case detective, who has been actively working this case, submitted evidence collected from the crime scene to the Contra Costa County Crime Lab for additional DNA testing, utilizing modernized technology. The crime lab was able to get a DNA match for the suspect and after a thorough investigation, detectives obtained a warrant for Blake’s arrest. Detectives also conducted a search warrant at Blake’s home in Antioch where additional evidence was located that further implicated him in the crime. Blake was booked into the Contra Costa County Jail for murder.

Additionally, the case was presented to the Contra Costa County District Attorney’s Office, which filed murder charges against Blake.

“Pittsburg PD is dedicated to solving unsolved cases and bringing justice to victims and their families,” said Chief Steve Albanese, “The arrest in this cold case homicide serves as a reminder that justice can be served no matter how much time has passed.”

If anyone has additional information related to this case, we ask you to please contact the Investigations Division at 925-252-4151

People vs. Montalvo and Boone cases can be brought back; among cases under review by DA, Public Defender; suspects released; responding officers, lead detective not implicated in texting scandal

By Allen D. Payton

According to Public Information Officer Ted Asregadoo, on Tuesday, June 6, 2023, the Contra Costa District Attorney’s Office determined the prosecution of The People of the State of California vs Ashton Montalvo and Deangelo Boone could not proceed to trial and moved to dismiss the case.

A dismissal at this juncture affords the District Attorney’s Office the ability to refile criminal charges
against Montalvo and Boone and reinitiate legal action if new evidence is developed.

In this case, the prosecution of 42-year-old Deangelo Laraye Boone of Antioch and 33-year-old Ashton
Kentrell Montalvo, of either Bay Point or Antioch, for mutilation and arson of the remains of 25-year-old Mykaella Kayla Sharlman found on the Mokelumne Trail in Antioch on October 17, 2022, relied heavily on the investigative work of Antioch Police Officers who are associated with racist text communications. (See related articles here, here, here, here and here)

After thoroughly reviewing the officers’ role in this case, applying relevant legal principles, and considering ethical responsibilities, the Contra Costa District Attorney’s Office no longer has confidence in the integrity of this prosecution.

“Our office extends our deepest sympathies to the family of Mykaella Sharlman and we aspire to renew this prosecution if presented with the opportunity to do so,” Asregadoo shared.

Case No. 04-22-01086 | The People of the State of California vs. Montalvo, Ashton 

Case No. 04-22-01085 | The People of the State of California vs. Boone, Deangelo Laraye

As previously reported, District Attorney Diana Becton, Public Defender Ellen McDonnell, Betty Barker from the Alternate Defender Office, and the Director of the Contra Costa Conflict Program, Oksana Tsykova met in April to discuss the creation of a process to address cases affected by the disclosure of cruel, racially insulting, and hostile text messages written or received by members of the Antioch Police Department.

The Contra Costa District Attorney’s Office is working to identify cases that are potentially compromised by the text messages. Once we’ve identified those cases – and any overlapping conflicts — they will
initiate a detailed review process for potential dismissal, resentencing, or the preservation of convictions.

The DA’s Office was asked for the names of the officers associated with the two cases and if the suspects have been released. Asregedoo responded, “APD should have the information on what officers were involved in the investigation of the Boone/Montalvo case. As to whether both men are out of custody,
unless they have holds on priors, they are likely out.”

“The texting scandal was only part of it,” he added. “There were other issues with the case. But we’re hopeful APD can pursue other investigative avenues and bring more evidence to review for a charging decision.”

Antioch Police Department PIO Corporal Price was then asked for the names of the officers and Contra Costa Sheriff’s Office spokesman Jimmy Lee was asked if the suspects had been released. 
publication time.

Lee responded, “They are no longer in custody.”

UPDATE: Kendall responded, “We will not be releasing the names of the officers involved in the investigation. However, none of the officers that initially responded to the call or the lead detective that filed the case were implicated in the text messages.”

Please check back later for any updates to this report.