Police seek unknown suspect in city’s first homicide of the year at shopping center where Thorpe blamed property and business owners for crime

By Ashley Crandell, PIO, Antioch Police Department

On January 17, 2023, at approximately 10:45 am, the Antioch Police Department Dispatch Center received multiple calls regarding a shooting at The Spot Liquor Store (formerly Quik Stop) located at 1108 Sycamore Drive in the Sycamore Square shopping center. The callers advised there was someone shot at the location. Officers immediately responded and located a male in the parking lot, suffering from a gunshot wound. The 25-year-old Pittsburg resident was transported to a local hospital where he was pronounced deceased.

The Antioch Police Department’s Investigations Bureau responded and took over the investigation. Through their investigation, they learned prior to the shooting there was a dispute that ensued between the victim and the suspect. The suspect shot the victim and fled the scene. It is unknown if he fled on foot or in a vehicle. There is no known information for the suspect, but this was a targeted incident, and the public is not at risk.

Sycamore Square is the site of a press conference by Mayor Lamar Thorpe, last year at which he blamed the property and business owners for the crime problem in the shopping center. That was following District 1 Councilwoman Tamisha Torres-Walker’s request for four more police officers for the Sycamore neighborhood. But the mayor refused to place the request on a council meeting agenda, instead opting to support overtime for existing officers. (See related article)

Anyone with information regarding the homicide is asked to contact Detective Cox at jcox@antiochca.gov. You may also text an anonymous tip to 274637 (CRIMES) using the keyword ANTIOCH.

Allen D. Payton contributed to this report.

Following investigation of in-custody death of Arturo Gomez Calel; while on meth attempted to break into occupied vehicles, struggled with and was tased by police

Mayor Thorpe used incident to push his police reforms at special Friday meeting later that week

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

Martinez, Calif. –  On Friday, Jan. 13, 2023, the Contra Costa District Attorney’s Office released a report on the 2021 in-custody death of 33-year-old Arturo Gomez Calel in Antioch clearing police of any wrongdoing. The DA determined as written below, “the use of force by Antioch Police Officers was lawful and permitted”. 

The incident occurred just after midnight on Wednesday, February 24, 2021 in which Gomez was on meth, attempting to break into occupied vehicles on a major city street, then struggled and was Tasered by police. Later that day, Mayor Lamar Thorpe held an emergency press conference with then-Police Chief Tammany Brooks and used the incident to push his police reforms at a special Friday meeting that week. (See related article)

The report is part of a Contra Costa County protocol to investigate incidents where police officers or civilians are shot or die during an encounter with law enforcement. The District Attorney’s Office conducts its own independent investigation into law enforcement fatal incidents (LEIFI) and details those findings — along with a legal analysis and a charging decision – in a report that’s released to the public. The release of the LEIFI report on Gomez is the final step in the investigation.

District Attorney Diana Becton notes, “My administration has been committed to public safety, transparency, and increased accountability since I was elected in 2018. The LEIFI investigations are an example of that commitment to be transparent with the public about in-custody deaths like that of Mr. Gomez.” 

The February 24th, 2021, incident involving Arturo Gomez began after midnight when Gomez placed a 911 call to authorities claiming his phone had been hacked. A dispatcher noted that Gomez sounded paranoid and appeared to be in an argument with another person – whom authorities later learned was a Lyft driver. While Gomez was traveling in the Lyft vehicle, he came into possession of the driver’s phone after Gomez asked to see the address he was going to. At one point, the Lyft driver said he became fearful Gomez was going to physically harm him and exited the vehicle. Gomez proceeded to climb into the driver’s seat and attempted to drive off. However, his efforts were thwarted by the Lyft driver — who retrieved the ignition key before Gomez could drive away. Gomez then exited the vehicle and fled on foot. 

When officers from Antioch Police arrived on the scene at Lone Tree Way at Ridgerock Drive, Gomez was on a cell phone. As an officer approached him, Gomez backed away saying “You’re a fake cop.” Gomez then led the officers on a foot chase where he eventually ran into traffic on Lone Tree Way. To mitigate the safety hazard Gomez was creating, police set up a traffic break to prevent vehicles from traveling through the incident area.

While trying to evade police, Gomez tripped and fell to the ground on James Donlon Boulevard. One officer ordered him to stay on the ground, but Gomez ignored the command. Officers then tried to physically subdue him, but Gomez continued to struggle, and a physical altercation ensued. After multiple Taser deployments on Gomez, the officers were eventually able to handcuff him. At no point did any of the officers involved use the weight of their body on Gomez’s back or neck, nor did they use a carotid restraint on him.

However, shortly after Gomez was detained, he became unresponsive and stopped moving altogether. Officers rolled him onto his left side, noticed his breathing had become labored and then began administering life-saving measures while emergency medical personnel were enroute. Gomez died later at a local hospital.

An autopsy to determine the cause of Gomez’s death was performed by Dr. Arnold Josselson on February 25th. Dr. Josselson found Gomez had 910 nanograms of methamphetamine and 54 nanograms of amphetamine in his blood — substances which, when taken in large doses, can lead to convulsions, circulatory collapse, hallucinations, and cardiac arrest. Dr. Josselson concluded that Gomez died from “asphyxia and cardiac arrest while in a prone position during a struggle with police after being tased while under the influence of methamphetamine.” 

During his testimony at the Coroner’s Inquest on April 29, 2022, Dr. Josselson explained to the jurors the three-step process that led to Gomez’s death. The first stage was brought on by the amount of methamphetamine in his system; an amount that gave rise to his aggressive and physically active behavior when resisting police arrest. In the second stage, Gomez’s muscles were completely exhausted and lacked the ability to expand his rib cage allowing him to breathe. The third stage was brought about by low oxygen levels that led to his heart stopping. Following the testimony of Dr. Josselson and other witnesses, the jury reached a unanimous verdict that Arturo Gomez’s death was an accident (i.e., an unforeseen event, misfortune, act, or omission with no evidence of an intent to harm or cause death). 

In its legal analysis, the District Attorney’s Office concluded that, given the totality of facts in this incident, the use of force by Antioch Police Officers was lawful and permitted pursuant to California Penal Code sections 835, 835a, 835a(a)(4), and 835a(b). Consequently, the Contra Costa District Attorney’s Office will take no further action regarding the in-custody death of Arturo Gomez. 

The District Attorney’s Office is in the process of notifying the Gomez family about the publication of this report. A copy of the report has also been sent to state Attorney General Rob Bonta’s office and is available on the District Attorney’s website.

Allen D. Payton contributed to this report.

By Antioch Police Department

You can run but you can’t hide!

On January 3rd, in the late-night hours, officers received a call regarding a suspicious vehicle on Oakley Road. When officers arrived, they observed the pictured firearm in the vehicle. The occupant ran from the vehicle.

Officers Downie and Fachner immediately deployed their Unmanned Aerial Vehicles (drones) and located the suspect hiding nearby. Having an eye in the sky is invaluable with the work we do. Not only did it assist in locating the suspect, but it helped guide officers to the suspect’s location safely.

He was taken into custody safely and was arrested for weapons violations and trying to evade arrest. We are proud of our officers and their ability to resolve this as safely as possible for them, the community, and the suspect. Also, our highly trained dispatchers did a wonderful job communicating during this rapidly evolving incident.

Bail set at $2 million

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

An Antioch woman faces a felony murder charge with an enhancement for the shooting death of a neighbor. (See related article)

37-year-old Serico Justice is currently in the Martinez Detention Facility awaiting arraignment for a felony murder charge [PC187(a)] with an enhancement of personally and intentionally discharging a firearm [PC12022.53(d)]. Justice’s use of a handgun caused the injury and death of 31-year-old Hannisha Jamilah Willis on December 27, 2022. The incident occurred on the 2300 block of Mandarin Way in Antioch, where the women lived next door to each other.

Antioch Police Department investigated the incident and reported that the shooting happened during a verbal and physical fight between the women around 2:15 pm. Justice was in possession of a handgun at the time of the altercation – a gun she armed herself with prior to the confrontation. Willis suffered a single shot to her head after Justice fired her weapon. She died later from her injuries at a local hospital.

The case was referred to the Contra Costa District Attorney’s Office by Antioch Police on December 28th. Charges were filed against Justice on December 29th. She’s scheduled to be arraigned on January 13, 2023, at 1:30 pm in Martinez. Her bail has been set at $2,000,000.00.

However, her arraignment was “put over” to a later date after her attorney filed a 977 Form which waived her right to a speedy trial.

04-22-01440 | The People of the State of California vs. Serico Justice

 

Seek help of nearby residents with surveillance cameras

By PIO Ashley Crandell, Antioch Police Support Services Division

On January 3, 2023, at approximately 2:17 pm, the Antioch Police Department Dispatch Center received a call reporting a person shot on Deer Valley Road near Asilomar Drive. Officers immediately responded and found a female victim suffering from a gunshot wound to the leg. She was transported by ambulance to a local hospital and is listed in stable condition. Through investigation, officers believed the female victim was not the intended target but was shot while driving through the area.

A second gunshot wound victim arrived at a local hospital reporting he had been shot near the same location. The male victim – who was believed to be the intended target – was found to have a gunshot wound to the leg and is also in stable condition.

Officers located multiple spent shell casings in the intersection of Deer Valley Road and Asilomar

Drive. Investigators are asking residents near Deer Valley Road and Asilomar Drive to check their surveillance cameras for anything suspicious around the time of the incident. There is no suspect information at this time. Anyone with information regarding this incident is asked to contact Detective Gerber at (925) 481-8297 or via email: rgerber@antiochca.gov. You may also text an anonymous tip to 274637 (CRIMES) using the key word ANTIOCH.

Enough for 3 drinks for his body weight, more than “the drink…with dinner” he admitted to; lied to CHP officer; failed field sobriety tests; refused breath test during stop

By Allen D. Payton

According to the arrest report of his DUI arrest in March Antioch Mayor Lamar Thorpe had a Blood Alcohol Level of .121% and .124% according to two chemical breath tests he was administered. Released by the California Highway Patrol on Thursday, Dec. 22, 2022, the report also reveals Thorpe failed the field sobriety tests in a variety of ways including having nystagmus which is defined as, “uncontrolled repetitive movements of the eyes” and “the distinct odor of an alcoholic beverage emitting from his breath”. Thorpe DUI Arrest 3-19-22 Report Redacted

Yet, in an apology video on his official Facebook page later that morning, Thorpe said, “I never felt inhibited by the drink I had with my dinner”. He was pulled over by CHP Officer J. Dagnino at about 1:15 AM.

The report also shows Thorpe lied to the officer about having anything to drink.

“I asked Lamar if he had consumed any alcoholic beverages prior to driving and he related he had nothing to drink,” Rosario wrote.

The report shows the 41-year-old Thorpe, who was wearing a “Michelob Ultra” wristband at the time of the stop, “was struggling to maintain a center lane position” while driving northbound on I-680 in Concord at 59 MPH.

During the field sobriety test, while standing on one leg he, “Swayed from center, left to right” and “lost his balance” during the Walk and Turn portion of the field test. Officer Dagnino wrote that he, “advised Lamar of the PAS (Preliminary Alcohol Screening Device)…and he refused to provide a sample.”

Blood Alcohol Content and Level

According to Law and Daily Life “The definition of blood alcohol content is the blood alcohol level expressed as a percentage” and “Generally one drink is considered: (1) 12 fluid oz. beer, (1) 5 fluid oz. glass of wine or (1) 1.5 fluid oz shot of hard liquor.”

The arrest report shows Thorpe weighs 120 pounds. According to the DMV’s BAC chart that means he had to have consumed at least four drinks prior to his arrest, not taking into account the reduction by 0.01% for each 40 minutes of drinking. His two tests were administered at 2:13 AM and 2:19 AM, which means his BAC was higher at the time he was driving an hour prior.

12-28-22 9:00 PM UPDATE: However, the original arrest report issued in March shows Thorpe weighs 150 pounds which according to the above chart clearly requires at least three drinks to be legally intoxicated. Chp288B.THORPE Report of Arrest 3-19-22

An email was sent to CHP PIO Andrew Barclay Wednesday evening for clarification of which weight for Thorpe is correct. Barclay responded, “His license lists 120 lbs., but as you know you can claim whatever. I would not know what his current weight is as it is inconsequential in our investigations.  The 150 could simply be a typo.”

According to reports from Antioch residents and restaurant staff members who chose to remain anonymous, Thorpe was seen drinking at an Antioch restaurant earlier that day prior to leaving the area.

Transcript of Report

Observation Prior to Contact

“On 3/19/2022 at approximately 0110 hours, I was on patrol, in full CHP uniform, driving a fully marked black and white CHP patrol vehicle, with my partner Officer J. Del Rosario #22568 (passenger). On the date and time mentioned, I was traveling northbound on I-680, just south of Monument boulevard within the #4 lane, monitoring traffic. Traffic was moderately light, and I observed a silver SUV just ahead of my location, within the #5 lane, that was struggling to maintain its center lane position. I accelerated my patrol vehicle and positioned it directly behind the silver SUV, now identified as a silver Volvo with a California license plate of (redacted) and continued to monitor the Volvo’s driving behavior. While monitoring the Volvo’s driving behavior, I observed the Volvo continue to struggle to maintain a center lane position, by crossing over the broken white lane divider line on left side and the solid white line on the right side. The Volvo was also traveling at approximately 59 MPH in a posted 65 MPH zone.

After observing the Volvo’s driving behavior, I activated my patrol vehicle’s emergency CODE 3 lights and initiated an enforcement stop on the Volvo. The driver of the Volvo applied the brakes and began to pull to the right shoulder on SR-242 northbound, just north of the I-680 transition. Using the patrol vehicle loudspeaker (PA) my partner began to instruct the driver of the Volvo to exit at the Clayton Road exit. The driver of the Volvo continued to drive on the shoulder of SR-242, until my partner directed the Volvo to turn right onto Market Street and pull to the right curb edge, just south of Clayton Road. The Volvo followed instructions given by my partner and pulled to the right curb edge, just south of Clayton Road and Market Street intersection. I parked directly behind the Volvo, exited my patrol vehicle and made a passenger side approach of the Volvo.

Observation Upon Contact

I contacted the driver, who was the only occupant in the vehicle, through a lowered passenger window and immediately detected the odor of an alcohol beverage emitting from within the Volvo. I advised the driver for the reason of the stop and asked for his license, registration, and insurance. The driver provided me with a California Driver License and was positively identified as Lamar Anthony Thorpe with a date of birth of 04/06/81 and (redacted).

Upon contact, Lamar displayed objective signs and symptoms of intoxication; watery eyes, droopy eye lids and slurred speech. Lamar was also wearing a white Michelob Ultra wristband around his right wrist and related he was on his way home from dinner. I asked Lamar if he had consumed any alcoholic beverages prior to driving and he related he had nothing to drink. I directed Lamar to exit the vehicle and meet me near my patrol vehicle to answer a series of questions and perform a series of voluntary field sobriety tests. Lamar exited his vehicle and met me on the concrete sidewalk. While speaking with Lamar outside the vehicle, I could smell the odor of an alcoholic beverage emitting from his breath. I asked Lamar the remainder of the Pre-FST questions which he answered accordingly. I explained and demonstrated a series of Field Sobriety Tests to Lamar, which he did not complete as explained and demonstrated.

Horizontal Gaze Nystagmus

Lamar related he was wearing soft contact lenses. His eyes were watery, his pupils were equal, and he was able to track the tip of my finger with both eyes. He displayed the following:

• Lack of smooth pursuit in both eyes
• Distinct and sustained nystagmus at maximum deviation in both eyes
• Onset of nystagmus prior to 45 degrees in his right eye, at approximately 40 degrees
• Lack of convergence in his left eye.

Walk and Turn

During Walk and Turn, Lamar displayed the following:

• Lamar lost his balance during the instruction phrase. I instructed him to set back up in the starting position.
• Lamar used his arms for balance by raising them more than six inches from his sides.
• Stepped offline between steps 5 and 6, during the first set of steps
• Missed heel to toe contact by more than 1” between steps 3 & 4 of the first set.

One Leg Stand:

Lamar raised his left foot for the test, and he displayed the following:

• Swayed from center, left to right
• Used his arms for balance by raising them more than six inches from his sides.
• Put his foot down twice and was instructed to lift his foot and continue to test

Modified Rhomberg

Lamar was instructed to end the test once he reached an internal estimated count of thirty seconds, he ended the test at fifty-two seconds.

• His eyes displayed tremors
• He swayed from center, front to back
• Lamar displayed a bouncing pulse in his neck

ARREST

Due to Lamar operating a motor vehicle upon a highway, his admission to operating a motor vehicle, the distinct odor of an alcoholic beverage emitting from his breath, his objective signs and symptoms of alcohol impairment (water eyes, slowed/ slurred speech, droopy eye lids) and his poor performance on the field sobriety tests, I determined Lamar was operating a motor vehicle while under the influence of alcohol and was impaired. I placed Lamar under arrest for violation of California Vehicle Code section 23152(a) VC (Misdemeanor, DU). Lamar was searched incident to arrest and placed in the front seat of my patrol vehicle. I advised Lamar of Implied Consent (23612 VC) and he chose to submit to a chemical breath test.

Lamar was transported to the CHP Contra Costa Area Office for the chosen chemical test. I observed Lamar for fifteen minutes prior to administering the chemical breath test to ensure he did nothing to compromise the test. Lamar provided two breath sample with results of .121% and .124%. I advised Lamar of Trombetta and he declined any further testing. (According to LosAngelesDUIAttorney.com, “California v. Trombetta was a Supreme Court case that found that police do not have to preserve DUI breath test samples like other evidence. It was also be used as a precedent…to establish rules for destroyed or missing evidence).

Following the chemical test, Lamar signed the CHP 215/ Promise to Appear in my presence and was released to [redacted].

EVIDENCE

Item #1            1 Compact Disc containing video of news clip/ suspect’s admission to driving while under the influence.

OTHER FACTUAL INFORMATION

The same morning following the incident, ABC 7 news uploaded an article regarding the arrest/ incident. In the video, Lamar Anthony Thorpe (Mayor Antioch, Ca) relates he was arrested by California Highway Patrol for driving under the influence. In the video, Lamar related he assumes full responsibility for his actions and admits to operating a motor vehicle while under the influence. The video was copied onto a compact disc, booked into the CHP Contra Costa temporary evidence locker and a copy was attached with this report.

The patrol vehicle utilized is equipped with a Wireless Mobile Video Audio Recording System (VVMVARS) that was on at the time of the incident and which may or may not have captured all relevant information.

RECOMMENDATION

I recommended a copy of this report be forwarded to the Contra Costa County District Attorney’s Office for review and prosecution of Lamar Anthony Thorpe for the following charges:

• 23152(a) VC – Misdemeanor – Driving Under the Influence.
• 23152(b) VC – Misdemeanor – Driving Under the Influence over .08% BAC.”

———-

Found Guilty on One DUI Count

As previously reported, Thorpe, through his attorney, pled no contest to both charges, during his court hearing, on Tuesday, Dec. 13, 2022. According to the Felony and Misdemeanor Clerk’s Docket and Minutes he was found guilty on the second count of DUI over .08% BAC and the other charge was dismissed. Thorpe Clerk’s Docket and Minutes 12-13-22 redacted

According to the Misdemeanor Order of Probation, Thorpe was fined $1,749 and was sentenced to two days I prison with one day credited and is eligible for the Sheriff’s Work Alternative Program for the one remaining day. Thorpe was also sentenced to three years of probation and cannot drive a vehicle with any measurable alcohol in his blood, and must attend and complete a three-month alcohol program. Thorpe Misdemeanor Order of Probation 12-13-22 redacted

He was given the Watson advisement. According to LosAngelesDUIAttorney.com, A “Watson advisement” is a formal statement you must sign after being convicted of DUI. It says you understand that driving under the influence can injure or kill people, and it can be used against you if you ever cause a DUI accident in the future. Legally, this means that you could be tried for second degree murder if your DUI kills someone.”

Please check back later for any updates to this report.

City’s 10th homicide of the year

By Antioch Police PIO Ashley Crandell

Following multiple 9-1-1 calls to Antioch Police Dispatch Center Tuesday, Dec. 27, 2022, at 2:13 pm, officers immediately responded to the scene of a shooting in the 2300 block of Mandarin Way in the Sycamore neighborhood. They located an adult female, 31-year-old Hannisha Willis, lying on the sidewalk, suffering from a single gunshot wound to the head. During a press conference Crandell said the victim was transported to an area hospital and was later pronounced deceased.

The Antioch Police Department’s Investigations Bureau responded to the scene and took over the investigation. They learned prior to the shooting, there was a physical altercation that ensued between Willis and the suspect, Ms. Serico Justice, age 37.

Prior to the physical altercation, Justice armed herself with a firearm, which she retrieved from her residence. During the fight, the firearm discharged and struck Ms. Willis in the head. Investigators recovered the suspected firearm used in the homicide.

Detectives arrested Justice for murder, and she was incarcerated at the Martinez Detention Facility. This case will be presented to the Contra Costa County District Attorney’s Office for prosecution. This was an isolated incident and there is no threat to the public.

The members of the Antioch Police Department extend their deepest condolences to the family and friends of Hannisha Willis.

It’s the city’s 10th homicide of the year according to the Antioch Police Crime Statistics which don’t currently show the shooting death of the gas station convenience store clerk in November nor last week’s shooting death of the 16-year-old boy in a park.

Anyone with information regarding this incident is asked to contact Detective Gerber at (925) 481-8297 or via email: dgerber@antiochca.gov. You may also text an anonymous tip to 274637 (CRIMES) using the key word ANTIOCH.

Allen D. Payton contributed to this report.

Was with his cousin who was later arrested on unrelated charges

By Antioch Police Public Information Officer Ashley Crandell, Support Services Division

The Antioch Police Department has received additional inquiries about this incident and would like to provide the following update:

The victim of this tragic event was Thomas Smith, and he was 16 years old. He was identified by a family member who arrived on scene. He was from Mount Airy, Louisiana a community near New Orleans, and was in Antioch visiting family.

The 15-year-old juvenile that was detained in Walmart was an acquaintance of Mr. Smith’s and was arrested for charges unrelated to the homicide.

The homicide suspect remains outstanding, and this incident is still being investigated by our Investigations Bureau.

According to a report KTVU Fox 2 news report, Thomas, aka “Paulie” was Nakia Banks’ youngest child and only son. The family was visiting Banks’ sister in Antioch. The 15-year-old boy who was with Smith at the time of the shooting was his cousin.

As previously reported, on Saturday, Dec. 17, 2022, at approximately 11:22 AM, the Antioch Police Department Dispatch Center started receiving numerous 9-1-1 calls reporting multiple gunshots being fired at Williamson Ranch Park, located at 5000 Lone Tree Way. (See related article)

As officers were responding to the scene, witnesses called to report a subject running from the park and entering the near-by Walmart. Additional officers immediately responded to the Walmart, and with the assistance of several citizens, were able to quickly locate and safely detain the subject. The subject was determined to be a juvenile and in possession of a loaded firearm.

When officers arrived at the park, they located one male juvenile victim near the parking lot suffering from several gunshot wounds. Evidence at the scene indicated the incident occurred outdoors in the east portion of the parking lot. Officers immediately began administering first aid and called for emergency fire department and AMR paramedics. The victim was transported to a local area hospital emergency room, where he ultimately succumbed to his injuries and was pronounced deceased.

Prior to police arrival, a dark colored sedan was seen leaving the parking lot of the park at a high rate of speed. During the preliminary investigation, it appears the victim, and the subject detained at the Walmart, arrived together on-foot, and met with the occupants of a dark colored sedan in the parking lot. Shortly afterwards, multiple shots were fired from, and/or around, the dark colored sedan.

Anyone with information is asked to call the Antioch Police Department nonemergency line at (925)778-2441, or Detective Cox at 925-779-6866. You may also text-a-tip to 274637 (CRIMES) using the key word ANTIOCH.

Lt. John Fortner and Allen D. Payton contributed to this report.