APOA attorney says City claims there aren’t any; council will address lawsuit during tonight’s closed session Tuesday

Thorpe claims he doesn’t use personal cell phone for city business; issues statement calling lawsuit “intimidation tactics”

Attorney says during five months of the text scandal investigation only 5 or 6 cops on leave of the 15 or 16 his office represents have been interviewed

“So, they’re just sitting there earning money because of the disfunction of the City leaders” – Mike Rains, APOA attorney

By Allen D. Payton

During their meeting tonight, Tuesday, Sept. 26, 2023, the Antioch City Council will address in closed session a lawsuit by the Antioch Police Officers’ Association (APOA). Asked about reasons for the lawsuit the APOA’s attorney, Mike Rains, said it’s to obtain Mayor Lamar Thorpe’s phone records because the City won’t provide them, claiming they couldn’t find any. The Public Records Act request covers the nine days prior to Thorpe’s Wednesday, March 30th press conference when he spoke about the investigation into the racist text scandal among Antioch officers. (See related article)

In that press conference, Thorpe read from prepared text saying, “Monday I received some information that has arisen from an ongoing investigation of the Antioch Police Department. Several additional officers have been placed on administrative leave. Let me be very clear I’m not here to confirm the number of officers that are involved nor am I here to confirm any rumors or speculations about the nature of what was discovered.”

Since that time, about 35 officers have been on leave, all paid until last month when three of the officers who have been charged with crimes by the Contra Costa DA’s Office, were placed on unpaid leave.

The lawsuit (Case number N23-1629 in Contra Costa Superior Court) is seeking “records reflecting telephone calls, emails, and text messages sent or received by City of Antioch Mayor Lamar Thorpe concerning the initiation of a non-criminal administrative investigation into allegations of misconduct by City of Antioch police officers concerning text or email messages allegedly containing graphic references to issues regarding race, ethnicity or national original, or sexual preference and/or sexual identification, which have become the subject of media scrutiny.”

“This started months ago,” Rains explained. “We sent a Public Records Act request to the City to get the records from the mayor’s phone, texts, emails and phone calls to others, from about March 21-30, the nine days before his March 30th news conference announcing that this investigation of the text messaging was going on. He couldn’t provide details. The chief had not given him any information at all. He claimed the city manager had briefed him. But the city manager didn’t know anything. So, where was he getting his information?”

“Larry Wallace from the DA’s office had put together his two reports on the texting and I believe Thorpe was getting his information from Wallace directly,” Rains stated. “I don’t know. But we have a right to know where he’s getting his information about public business. It’s a public record.”

“We asked for that information but the former assistant city attorney who quit during a meeting and just walked out, wrote us a letter asking for a extension, saying ‘we need to look at it,’” Rains shared. “Then we give her the extension then she sent us a letter claiming they didn’t have anything.”

“So, we asked how she had searched the mayor’s phone. We got crickets,” he continued. “Then we sent another letter asking for the same thing and threatened but they didn’t respond. So, we did. That’s what tomorrow is about.”

“They have to do a search according to state Supreme Court based on a case out of the City of San Jose, that had to do with records requests for council members private phones,” Rains said. “I have a feeling they never did the search. I’m sure the mayor has since tried to delete everything. That would probably cause us to get the phone and do a forensic analysis to get all the deleted messages.”

Text Scandal Investigation

Regarding the investigation of the officers on leave for the racist text scandal, Rains said, “The city’s lawyers who they’ve retained and another group that they’ve retained to do something else, they’re going through all kinds of law firms, including the few interviews of the cops on leave for the texts. They’ve only done about five or six interviews. They still have about seven or eight guys they need to interview, guys who shouldn’t be on leave at the request of the mayor and the city attorney, not with the support of Chief Ford.”

“We had all these interviews set up for 15 of the cops but at first, they said they were only going to do one interview,” he continued. “I think we’ve had three different investigators, now, that have done the five or six interviews. The first one from Los Angeles didn’t even show up. Then they hired the Hispanic lady. She was nice and did one or two interviews. Then they hired some guy who did a couple interviews.”

As previously reported, City Attorney Thomas L. Smith hired Cerritos, CA-based Angela Powell, a partner in the law firm of Atkinson, Andelson, Loya, Ruud & Romo, to conduct the investigation of the text messages. She has 26 years’ experience as an attorney. Her services ended by Monday, May 15, the day the interviews of the officers were to begin. In her place, the City hired San Jose-based attorney Allison Hernandez, a Senior Associate with the law firm of Burke, Williams & Sorensen who earned her law degree in 2016.

Asked about Powell, Rains said, “She said she was going to be fair. She wasn’t going to let anyone tell her what to do. The next thing I know is we had another lady showing up to do the interviews. I think she didn’t find anything they could do.”

Asked about the other officers on leave Rains said, “I don’t know what they did with Rombough. We don’t represent him. I don’t know how many they think they still need to interview. We don’t represent all these guys. We represent somewhere around 15 or 16 cops on leave, who were mostly recipients of group texts. Of those they’ve only interviewed half in about five months.”

“So, they’re just sitting there earning money because of the disfunction of the City leaders,” he added.

Asked if there is any communication between his office and the investigators Rains stated, “No. The city attorney and the mayor have cut the investigators out of any communication with the department. Even Chief Ford couldn’t speak with them. Usually in the scheme of things, when outside investigators are hired, the chief coordinates it, working with staff setting up interviews. Ford wasn’t even in the picture.”

“All the attorneys have been brought in by the city attorney,” Rains continued. “So, the chief isn’t involved in any of it, and I think that includes the current, acting chief. He’s just sitting on the sidelines, too.”

Asked if he knows when the interviews and the investigation will conclude, Rains replied, “No idea.”

Questions for Thorpe, City Attorney

Questions were sent to both Thorpe and City Attorney Smith Monday night giving them until noon Tuesday to respond.

They were asked if Rains’ claims are true that the City won’t provide the records from the mayor’s personal phone from March 21-30 because they claim there aren’t any.

Thorpe was asked, if that is true, if he had deleted any phone calls, text or email messages on his phone from that period.

They were also asked if it’s not true, and there are records of phone calls, text and email messages from the mayor’s phone, why haven’t they been provided if they are a public record.

Thorpe was then asked if he has a city-issued phone that he uses for city business and if not, how does he communicate with members of the public and others regarding city-related business.

Finally, the mayor was asked if he received his information about the text scandal from anyone in the Contra Costa DA’s Office, including Larry Wallace.

Smith was then asked if only five or six of the 15 or 16 officers represented by Rains’ law firm have been interviewed by the outside investigators. He was also asked, “If so, why haven’t they all been interviewed yet in the five months since they’ve been placed on leave and when will they be interviewed?” If that’s not correct, how many of the 35 or so officers on leave have been interviewed during the investigation? Have the outside investigators been given a deadline for completing the interview and investigation and providing you and the city council with a final report?”

Thorpe Says He Doesn’t Use Personal Cell Phone, Uses Home Landline for City Business

Thorpe said he doesn’t use his personal cell phone for city business, but uses his home landline, instead.

“I use this phone, right here,” he stated during a phone call Tuesday morning. “I have another cell phone but I don’t give out that number as too many people have my other number and I get texts and phone calls on that.”

Labels APOA’s Lawsuit “Intimidation Tactics”

Later, on Tuesday afternoon, Thorpe posted on his official social media accounts the following:

Statement Regarding Antioch Police Union’s Intimidation Tactics

“I’m deeply troubled and disappointed that the Antioch Police Officers Association -a.k.a. the Police Union- still doesn’t get it.

Current and former members of the Antioch Police Department are being indicted by the US Department of Justice. Several more are being charged with state crimes by the Contra Costa District Attorney.

Two state agencies are investigating the department including California’s attorney general. The city is currently investigating members for racist text messages discovered by the FBI.

And, lastly, the city council approved my request for audits of the internal affairs process, hiring and promotions practices, and to examine patterns and practices.

Right now, the police union should be working with my colleagues and me to build a department that is reflective of our city’s values. Instead, the police union is busy trying to intimidate me and City Hall with the same old, tired tactics of yesteryear by aiming to turn me into the 800-pound gorilla in the room.”

Because it didn’t answer the questions posed to him or explain how there are no record of texts, emails or phone calls as requested by the APOA’s attorney, Thorpe was again asked if he uses a city-issued cell phone. He was also asked when he stopped using his personal cell phone for city-related business. He did not respond prior to Tuesday’s closed session meeting which began at 6:00 p.m. or by publication time.

Smith also did not respond prior to publication time.

UPDATE #1: Rains Responds to Thorpe’s Statement

In response to Thorpe’s statement Rains wrote, “It’s nonsense.  We have been trying to get a straight answer from the City for five months concerning calls/texts/emails sent and/or received by Thorpe with other City or DA employees in the week or so preceding his March 30 press conference announcing the texting investigation, even though no text messages had been released to the City or the media before March 30.  The City refused our request to describe any search conducted of his cell phone for the information, and we told them if they continued to refuse our request for transparency, we would seek relief in Superior Court.  They did nothing and we were forced to file the writ.”

UPDATE #2: Following Tuesday night’s closed session, Attorney Smith reported out about the lawsuit stating, “no reportable action.”

UPDATE #3 (9/27/23): When reached later for comment asking again when he stopped using his personal cell phone for city business Thorpe said, “I’m not going to answer any questions related to the investigation.” But the mayor did say he doesn’t have a city-issued cell phone.

Result of effort by countywide task force; held on $700,000 bail

By Ted Asregadoo, PIO, Contra Costa County Office of the District Attorney

A 28-year-old resident of Antioch was charged today in a seven-count felony complaint by the Contra Costa District Attorney’s Office for the production and distribution of child pornography.

Michelle Nicole Hidalgo was arrested on Friday, September 22, 2023, by the Contra Costa County Internet Crimes Against Children Task Force. Officers served Hidalgo with a search warrant at her home and seized equipment used in the production and distribution of pornographic images of minors. The search of Hidalgo’s home and her arrest came after task force members were notified by a social media company on September 21st that child sexual abuse materials (CSAM) of a small child were being shared on their platform.

At the time of her arrest in Antioch, Hidalgo was working part-time as a nanny for the victim’s family.

Hidalgo remains in the custody of the Contra Costa County Sheriff and her bail has been set at $700,000. She will make her first court appearance on Wednesday, September 27, 2023, in Martinez.

According to the Sheriff’s Office, Hidalgo is 5’3”, 250 lbs. and Hispanic and born on December 23, 1994, and is being held in the Martinez Detention Facility on $800,000 bail. Her Facebook profile shows she lives in Antioch and is from Pacifica, CA where she studied at Terra Nova High School.

The case is being prosecuted by the Sexual Assault Unit of the Contra Costa District Attorney’s Office. It was investigated by the Contra Costa County Internet Crimes Against Children Task Force, in which detectives and investigators from the Walnut Creek, Concord, Pleasant Hill, Brentwood, Pittsburg, San Ramon, Danville, Oakley, and Moraga Police Departments, the Contra Costa County Sheriff’s Office, United States Secret Service, Homeland Security Investigations, and Inspectors from the Contra Costa County District Attorney’s Office participate on the task force.

Anyone with relevant information is asked to contact Senior Inspector Darryl Holcombe, dholcombe@contracostada.org.

Case information: | The People of the State of California v. Hidalgo, Michelle Nicole

Allen D. Payton contributed to this report.

6 more officers to be added to the force tomorrow; only 44 positions in service out of 115 authorized

Auto thefts up 85.7%, burglaries increased a 62.5% and robberies up 47.2% compared to last year

By Allen D. Payton

During next Tuesday’s closed session portion of their meeting the Antioch City Council will receive information on a lawsuit by the Antioch Police Officers Association (APOA) and will receive a report from Acting Chief Vigil on police department staffing and activities.

The presentation is in response to District 2 Councilman Mike Barbanica’s request and following discussion during the council’s September 12th meeting of hiring retired officers to supplement the currently depleted ranks of police force. That’s due to 16 unfilled positions and the 51 officers on leave mainly from the two police scandals and investigations.

“The chief will provide a presentation so we can make a determination if we want to hire retired officers,” Barbanica shared. “Tamisha supported having the presentation, as well.”

On the closed session agenda, the council will deal with, “Significant exposure to litigation pursuant to California Government Code section 54956.9(d)(2): Antioch Police Officers Association v. City of Antioch et al., Superior Court of the State of California, Contra Costa County, Case No. N23-1629.”

Attempts to reach APOA attorney Mike Rains for details of the lawsuit were unsuccessful prior to publication time.

Acting Police Chief’s Update

The council will also receive a report from Acting Police Chief Joe Vigil about the department staffing and activities. The report shows there are currently 115 authorized positions, 95 of those positions are filled, but only 44 are positions are in service, 31 officers are assigned to patrol. The department is averaging over 100 calls per shift, on a modified work schedule with seven officers assigned to investigations who are averaging a case load of just over 300 cases, and seven detectives are doing all filing and follow up.

His report also shows the latest Part I Crime statistics comparing this year to last year, of a 33.3% increase in homicides, 62.5% increase in burglaries, robberies up 47.2% and theft increased 19.4%. The report also offers some good news showing a 57.1% decrease in arson, rapes down 25.8% and aggravated assaults decreased by 18.2%. Overall Part I Crime increased by 31.09%.

Recently, Vigil shared that there are currently 12 recruits in the academy and six officers will be given their oaths of office during a ceremony earlier in the day on Tuesday.

The closed session begins at 6:00 p.m. and the regular meeting begins at 7:00 p.m. in the Council Chambers at Antioch City Hall, 200 H Street. The meeting can be viewed on Comcast Cable Channel 24, AT&T U-verse Channel 99 or live stream on the City’s website. Those who wish to speak during public comments must attend in person. See complete meeting agenda, here.

Please check back later for updates to this report.

Leaves it with city manager after Torres-Walker adds sunset clause opposed by Thorpe

By Allen D. Payton

During their meeting on Tuesday, Sept. 12, 2023, on the second reading of the ordinance for directly hiring the police chief, the Antioch City Council voted 2-3 after Mayor Pro Tem Tamisha Torres-Walker added an amendment to sunset the ordinance of 12 months or hiring a permanent city manager. Her compromise was supported by District 4 Councilwoman Monica Wilson but opposed by Mayor Lamar Thorpe.

During their meeting on August 22, the council voted 3-2 to changing the City’s organizational structure by transferring from the city manager to the city council the authority to appoint, supervise and remove the police chief, with District 2 Councilman Mike Barbanica and District 3 Councilwoman Lori Ogorchock voting no. But it required a second reading and vote.

During discussion of the motion before that vote, Torres-Walker proposed a time limit of possibly one year for the authority to 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.

In a post on her official Facebook page on Monday, Sept. 11, Torres-Walker posted a video and reiterated her support for a time limit writing, “Chief of police oversight…after some refleacting [sic] I believe that the comprise I attempted to offer my colleagues on Council was a reasonable one.”

After Barbanica requested the item be removed from the Sept. 12th consent calendar so it could be voted on separately, Torres-Walker followed up on her commitment saying, “I offered the compromise because, one, most of us work full time. We also want to have a close eye and a transparent process for hiring of a new chief. But I just do not think this new policy should be the order of the day. I do think we need to have a term to time this policy out whether it’s 12 months or upon the hire of the permanent city manager. That is the compromise I’m offering today or else I will not be voting to move forward with this ordinance.” (See 3:06:40 mark of council meeting video)

But Thorpe said, “I’m personally sticking with the original proposal.”

“Then there will never be oversight,” he said about Torres-Walker’s proposal.

“The purpose of this was towards accountability, transparency and all that good stuff,” the mayor continued. “But I can’t personally support your policy. If you can’t support it without that in it then it just won’t pass.”

Torres-Walker responded, “then it just won’t pass, and we can move on.”

“Yep,” Thorpe replied.

District 4 Councilwoman Monica Wilson then offered her support for the compromise saying when it first proposed, “I was very interested. Over the last couple weeks…I’ve had an opportunity to think more and more about it and I’m in agreement with you. I support you with that.”

“Being reasonable is what I’m asking for,” Torres-Walker stated.

“We’d have to bring it back for a new reading,” said City Attorney Thomas L. Smith.

She then made a motion to amend the ordinance to add a sunset of 12 months and/or the hiring of a permanent city manager. But the proposed amended ordinance failed on a 2-3 vote with Thorpe joining Barbanica and Ogorchock in voting no.

“Seeing there’s no other motion we’ll move on,” Thorpe stated.

Antioch Council reverses course on directly hiring police chief

Leaves it with city manager after Torres-Walker adds sunset clause opposed by Thorpe

By Allen D. Payton

PUBLISHER’S NOTE: Apologies for the late publication of this article. I have been recovering from surgery over the past few weeks. Thank you for the prayers and well wishes to those readers who offered them.

During their meeting on Tuesday, Sept. 12, 2023, on the second reading of the ordinance for directly hiring the police chief, the Antioch City Council voted 2-3 after Mayor Pro Tem Tamisha Torres-Walker added an amendment to sunset the ordinance of 12 months or hiring a permanent city manager. Her compromise was supported by District 4 Councilwoman Monica Wilson but opposed by Mayor Lamar Thorpe.

During their meeting on August 22, the council voted 3-2 to changing the City’s organizational structure by transferring from the city manager to the city council the authority to appoint, supervise and remove the police chief, with District 2 Councilman Mike Barbanica and District 3 Councilwoman Lori Ogorchock voting no. But it required a second reading and vote.

During discussion of the motion before that vote, Torres-Walker proposed a time limit of possibly one year for the authority to 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.

In a post on her official Facebook page on Monday, Sept. 11, Torres-Walker posted a video and reiterated her support for a time limit writing, “Chief of police oversight…after some refleacting [sic] I believe that the comprise I attempted to offer my colleagues on Council was a reasonable one.”

After Barbanica requested the item be removed from the Sept. 12th consent calendar so it could be voted on separately, Torres-Walker followed up on her commitment saying, “I offered the compromise because, one, most of us work full time. We also want to have a close eye and a transparent process for hiring of a new chief. But I just do not think this new policy should be the order of the day. I do think we need to have a term to time this policy out whether it’s 12 months or upon the hire of the permanent city manager. That is the compromise I’m offering today or else I will not be voting to move forward with this ordinance.” (See 3:06:40 mark of council meeting video)

But Thorpe said, “I’m personally sticking with the original proposal.”

“Then there will never be oversight,” he said about Torres-Walker’s proposal.

“The purpose of this was towards accountability, transparency and all that good stuff,” the mayor continued. “But I can’t personally support your policy. If you can’t support it without that in it then it just won’t pass.”

Torres-Walker responded, “then it just won’t pass, and we can move on.”

“Yep,” Thorpe replied.

District 4 Councilwoman Monica Wilson then offered her support for the compromise saying when it first proposed, “I was very interested. Over the last couple weeks…I’ve had an opportunity to think more and more about it and I’m in agreement with you. I support you with that.”

“Being reasonable is what I’m asking for,” Torres-Walker stated.

“We’d have to bring it back for a new reading,” said City Attorney Thomas L. Smith.

She then made a motion to amend the ordinance to add a sunset of 12 months and/or the hiring of a permanent city manager. But the proposed amended ordinance failed on a 2-3 vote with Thorpe joining Barbanica and Ogorchock in voting no.

“Seeing there’s no other motion we’ll move on,” Thorpe stated.

U.S. Marshals assist

By Oakland Police Department

The Oakland Police Department (OPD) has arrested Malik Jelks of Oakland for the homicide of Jemilen Enoch. The incident occurred on March 19, 2023, in the 1000 block of 82nd Avenue.

Thanks to the tireless and collaborative efforts of OPD Homicide Investigators and the US Marshals, Jelks was safely taken into custody on Monday in Antioch. 

The Alameda County District Attorney’s Office has charged Jelks for his involvement in the crime.

According to the Alameda County Sheriff’s Department of August 31, 5-foot-7-inch, 130-pound suspect is in custody at Santa Rita Jail in Dublin. He is charged with involuntary manslaughter and has a plea hearing scheduled for Sept. 6 at 9:00 AM in the Wiley W. Manuel Courthouse Dept. 112 in Oakland. Jelks’ bail is set at $200,000.

Background:  
The Oakland Police Department (OPD) is investigating a homicide that occurred on March 19, 2023, in the 1000 block of 82nd Avenue, just before 9:30 PM. When officers arrived, they located a victim who had sustained a gunshot wound(s). Oakland Fire Department personnel arrived at the scene and pronounced the victim deceased.

Investigators from the OPD Homicide Section responded to the scene to take over the investigation into the circumstances surrounding the homicide.

This is an ongoing investigation. Anyone with information is asked to contact the OPD Homicide Section at (510) 238-3821 or the TIP LINE at (510) 238-7950.

Allen D. Payton contributed to this report.

Information sought on possible additional shootings

By Officer Ricardo Ortiz, PIO, CHP

SACRAMENTO, Calif.: On August 10, 2023, at around 11:00 PM, California Highway Patrol (CHP) South Sacramento Area officers were dispatched to a shooting with a victim struck by gunfire on State Route 160 (River Road) near the Isleton Bridge. The incident was the suspected result of a road rage incident.

The victim in this case, Quincy Chapple, a 25-year-old resident of Antioch, CA, was treated at the scene and transported to John Muir Hospital in Walnut Creek, CA. Chapple received a non-life-threatening gunshot wound and was released from the hospital.

The Valley Division Investigative Service Unit (ISU) responded and assumed investigative responsibility for the case.

During this investigation, investigators identified Timothy Lee Allen, a 21-year-old (born 6/21/02) West Sacramento, resident, as the suspect. Investigators obtained search warrants for Allen’s residence and his vehicle. The CHP SWAT and Valley Division Warrant Service Team served the warrants. A firearm, along with several hundred rounds of ammunition was recovered. Multiple spent ammunition cartridge cases were in Mr. Allen’s vehicle.

The 5-foot-11, 279 lb. Allen was arrested for several charges, which included attempted murder. Allen was booked into Sacramento County Jail. As of Tuesday, August 29, he was still in custody at the Main Jail and is ineligible for bail. His next court date is scheduled for Sept. 6 at 8:30 AM in Dept. 63 of the Sacramento County Superior Court.

Anyone with additional information is urged to call the CHP Valley Division ISU tip line at 916-731-6580, or email chpvalleytip@chp.ca.gov.

The CHP’s mission is to provide the highest level of Safety, Service and Security.

Allen D. Payton contributed to this report.

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.

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.