Missing Oakley woman believed dead, ex-boyfriend, a fugitive shot and killed Wednesday

Police assisted by video from surveillance cameras, GPS in her car

Investigation and search continue, reward increased to $100,000

“…our daughter will remain alive in our minds and our hearts. We will continue to search for her until we find her.” – Gwyn Gabe, Alexis’ father

By Allen D. Payton

The case of missing Oakley woman Alexis Gabe, last seen in Antioch by her ex-boyfriend on Jan. 26, took a sad turn today as Oakley Police Chief Paul Beard announced she is believed to be a victim of a homicide and her ex-boyfriend, a suspect and wanted fugitive who fled to Washington state, was killed yesterday by officers following his attack on them.

“Our joint investigation has led us to believe that…Marshall Curtis Jones, a 27-year-old male resident of Antioch killed Alexis at his home on or about Jan. 26,” Beard stated during a press conference today, Thursday, June 2, 2022.

Last week, Oakley and Antioch police presented the case to the Contra Costa District Attorney’s Office who filed murder charges against Jones on May 26. Gabe has been missing since Jan. 26 and was last seen by Jones at his house on Benttree Way in Antioch. (See related articles here, here and here)

A post on the City of Oakley Facebook page on Thursday reads:

“The ex-boyfriend of Alexis Gabe, Marshall Curtis Jones, was killed yesterday (June 1, 2022) by members of the Pacific Northwest Violent Offenders Task Force as they attempted to arrest him in Washington. Jones was pronounced dead at the scene after charging at officers with a knife.

Oakley and Antioch police officers issued an arrest warrant on June 1, 2022, for Jones in Kent, Washington. The 27-year-old Antioch resident was charged with the murder of Alexis Gabe, the Oakley resident who disappeared in January 2022. Jones was the last person she saw before her disappearance.

Law enforcement officers from Seattle Police Department, Snohomish County Sheriff’s Office, and the United States Marshals Service were attempting to arrest Jones. As he produced a knife and charged at officers, marshals discharged their service weapons, killing Jones.”

The investigation is ongoing; more information will be released as it becomes available.

The $100,000 reward is still available and will be issued for information leading to the whereabouts of Alexis Gabe. Call (925) 625-7009 or email alexistips@ci.oakley.ca.us with any information about the case.”

“We had no idea he was capable of doing something like this to her. We didn’t want him dead. We wanted to look him in the eye and ask him way, ask him ‘where is Alexis?’” – Gwyn Gabe

Oakley Police Press Conference

“This is still an open investigation”, said Chief Beard during the press conference. “Our search for Alexis has been a very vigorous one. We have literally searched for her on land, sea and air will continue to do so.”

“I must announce at this time, we believe Alexis Gabe is the victim of a homicide,” he continued. “We believe that homicide occurred in the city of Antioch. The members of the Antioch Police Department with officer of the Oakley Police Department.”

Part of what has led us to believe Alexis is the victim of a homicide is the examination of a large amount of digital and forensic evidence,” Beard stated. “In conjunction with that is there is the fact that there are no signs of life anywhere for Alexis.”

He spoke of the evidence including, “the cell phone case that was found” with the help of volunteers from the Polly Klass Foundation and contained Jones’ DNA.

Additional evidence included “thousands of phone records…and an image of Marshall Jones being captured on several surveillance cameras that led him on a path from where Alexis’ vehicle was dumped in Oakley to his home on Benttree Lane on the evening of January 26, 2022,” the chief continued. “Further digital evidence was the fact that Alexis’ vehicle was equipped with a GPS system. An examination of that system showed a direct path from leading that vehicle from Marshall Jones’ house to where it was dumped on the night of Jan. 26, 2022.”

“Our joint investigation has led us to believe that…Marshall Curtis Jones, a 27-year-old male resident of Antioch killed Alexis at his home on or about Jan. 26,” Beard said. “Jones was very uncooperative during our joint investigation, and he has refused to speak with us, several times.”

Alexis’ Father Speaks

“What happened to Marshall was tragic and unexpected,” Gwyn Gabe, Alexis’ father said during the press conference with his wife, Rowena and their two sons by his side. “He was our daughter’s first love. They were together for three years. He became part of our family. We had no idea he was capable of doing something like this to her. We didn’t want him dead. We wanted him arrested to pay for his sins. We wanted to meet with him face to face. We wanted to look him in the eye and ask him way, ask him ‘where is Alexis?’”

“I know the police say our daughter’s gone,” Gabe continued. “But our daughter will remain alive in our minds and our hearts. We will continue to search for her until we find her.”

He then thanked the Oakley and Antioch police officers who assisted in the case.

“Oakley and Antioch PD have been working on this case for four months straight, with no stop. They invested so much, and they deserve all the credit. This is just in case someone else tries to schedule a press conference and takes full credit for what went down yesterday and the past four months.”

Contra Costa DA Becton held a press conference Thursday afternoon about the case. (See below)

Oakley Police Press Release

Following is the information provided in the Oakley Police Department’s press release about the case: “The ex-boyfriend of Alexis Gabe, Marshall Curtis Jones, was killed yesterday (June 1, 2022) by members of the Pacific Northwest Violent Offenders Task Force as they attempted to arrest him in Washington. Jones was pronounced dead at the scene after charging at officers with a knife. Oakley and Antioch police officers issued an arrest warrant on June 1, 2022, for Jones in Kent, Washington. The 27-year-old Antioch resident was charged with the murder of Alexis Gabe, the Oakley resident who disappeared in January 2022. Jones was the last person she saw before her disappearance. Law enforcement officers from Seattle Police Department, Snohomish County Sheriff’s Office, and the United States Marshals Service were attempting to arrest Jones. As he produced a knife and charged at officers, marshals discharged their service weapons, killing Jones.

Murder Suspect in the Alexis Gabe Case Killed Following Attack on Law Enforcement Officers The ex-boyfriend of Alexis Gabe, Marshall Curtis Jones, was killed yesterday (June 1, 2022) by members of the Pacific Northwest Violent Offenders Task Force as they attempted to arrest him in Washington. Jones was pronounced dead at the scene after charging at officers with a knife. Oakley and Antioch police officers issued an arrest warrant on June 1, 2022, for Jones in Kent, Washington. The 27-year-old Antioch resident was charged with the murder of Alexis Gabe, the Oakley resident who disappeared in January 2022. Jones was the last person she saw before her disappearance. Law enforcement officers from Seattle Police Department, Snohomish County Sheriff’s Office, and the United States Marshals Service were attempting to arrest Jones. As he produced a knife and charged at officers, marshals discharged their service weapons, killing Jones. The investigation is ongoing; more information will be released as it becomes available.”

Contra Costa DA Holds Press Conference Thursday Afternoon, Issues Statement

On Thursday afternoon, Contra Costa DA Diana Becton held a press conference at her office about the case and issued a statement about the case.

Following is the press release from Public Information Officer Ted Asregadoo:

“Contra Costa District Attorney Diana Becton filed a murder charge (PC 187) on May 26, 2022, against Marshall Curtis Jones, III for the killing of 24-year-old Oakley resident, Alexis Gabe. Yesterday evening, in Kent, Washington, Jones was shot and killed by law enforcement personnel during an attempted fugitive apprehension.

24-year-old Gabe was missing since January 26, 2022, after last being seen in Antioch. Due to the nature and scope of the investigation, Oakley Police requested investigative assistance from the Contra Costa District Attorney’s Office and Antioch Police Department.

On April 25, 2022, Antioch Police Department authored a wiretap affidavit, which was signed by District Attorney Diana Becton, and presented to the Contra Costa Superior Court for approval. A wire and electronic interception of Jones’ cellular phone concluded on May 24th. Along with the phone intercept recordings, surveillance footage, cell data, and DNA evidence, investigators made a criminal referral to the Contra Costa District Attorney’s Office on May 25th.

After the criminal complaint was filed on May 26th, the DA’s Office, Antioch Police, Oakley Police, the U.S. Marshals Service, and Washington State authorities coordinated to apprehend Jones – who, during the course of the investigation, fled from Antioch to Kent, Washington.

On June 1, 2022, a fugitive task force attempted to arrest Jones inside an apartment where he was in hiding. Police announced themselves, and Jones reportedly opened the front door to the apartment and charged at officers while wielding a knife. He was shot by authorities. Police took immediate life-saving measures, but Jones died at the scene.

24-year-old Gabe has been missing since January 26, 2022, after last being seen in Antioch. Members of her family found her blue Infinity coupe about a mile from Gabe’s home on Trenton Street near Carrington Drive in Oakley the next day. The keys were still inside, and the vehicle was unlocked. Shortly thereafter, the Oakley Police Department started an investigation into the highly suspicious circumstances of Gabe’s disappearance.

Gabe’s former boyfriend, Marshall Curtis Jones, III became a focus of the investigation – which culminated in the wire and electronic interception of his cellular phone. Jones and Gabe had reportedly broken up in November 2021 but saw each other from time to time. Jones confirmed to investigators that he and Alexis were together at his home on Benttree Way in Antioch until 9 o’clock on the night she went missing, but that he witnessed her leaving his residence in the blue Infinity coupe she arrived in earlier.

Today, District Attorney Diana Becton said, ‘It’s been an emotionally wrenching time for the family, friends, and community. I, along with the police agencies who have worked tirelessly to bring justice to the Gabe family, wish to express our deepest condolences for the loss of their beloved daughter. My office will continue to seek justice in finding Alexis so her family can have a sense of closure to this tragic loss of life.’”

 

 

 

 

Cutline. Marshall Tucker in image from officer body cam footage. Source: Oakley PD

 

 

 

By Jimmy Lee, Director of Public Affairs, Contra Costa County Office of the Sheriff & Allen D. Payton

On Monday, May 30, 2022, at about 3:53 PM, Contra Costa Sheriff’s Office Marine Patrol was dispatched to a report of a body that was floating on the water on the San Joaquin River near the Antioch marina boat ramp. Marine patrol deputy sheriffs arrived and recovered the body, an adult male. He was pronounced deceased on scene. The Coroner’s Division took custody of the body.

An autopsy was conducted today, Tuesday, May 31. The cause of death is listed as asphyxia due to drowning. The Coroner’s Division is still trying to identify the man.

Antioch resident Ronn Carter who was out for a bike ride on Memorial Day afternoon said Antioch Police were investigating a body found in the water near the boat ramp at the Marina and part of the boat ramp was taped off. As of 5:00 p.m. the body had not been recovered, according to Antioch Police Officer Kendall.

Another Antioch resident, Michael Mello said he saw three police cars at the Amtrak station, two on the west side of Monica’s Riverview as he was driving into the restaurant’s parking lot and three or four more cars in the boat ramp parking lot.

Carter later said he saw law enforcement personnel in a boat remove the body from near Monica’s Riverview. But the boat carrying the body – which wasn’t visible – didn’t use the boat ramp near the marina because there were too many people nearby. Instead, it turned and headed east.

The Sheriff’s Marine Patrol boat went to another location to meet the coroner.

Anyone with any information on this case is asked to contact the Sheriff’s Office Coroner’s Division at (925) 313-2850. For any tips, email: tips@so.cccounty.us or call (866) 846-3592 to leave an anonymous voice message.

By Allen D. Payton

According to concerned parents who posted on social media Thursday afternoon, May 26, 2022, Deer Valley High School was placed on lockdown. Antioch Unified School District Superintendent Stephanie Anello shared the following statement that went out to parents giving the reason why:

“Good Afternoon this is Deer Valley Principal Oyebade,

Today at approximately 1:10 pm two students were involved in a physical altercation on the Deer Valley Campus. Several other students attempted to participate as site safety staff, STM (Strategic Threat Management) security, and administrators defused the situation.

It was rumored that a 19-year-old non-student was attempting to get on campus and may be in possession of a weapon. Administration acted quickly and secured the gates and doors of the campus and called the Antioch Police Department. APD came on-site to ensure that students and staff were safe.

We want to thank the safety personnel, administration, and APD for acting quickly. As always student and staff safety is our number one priority we appreciate your support. As always, please do not hesitate to contact us should you have any question or concerns. Thank you.”

Asked if a gun was ever found and the non-student located, Anello responded, “no weapon was found and the non-student left the campus.”

Staff Member – Not Actual Lockdown, Debriefing for Staff Set for Tuesday

10:00 PM UPDATE: According to a member of the school’s staff who chose not to be identified, the procedure for an actual lockdown would include an announcement to staff and students to remain in their classrooms and lock the doors. The lights would be turned off and efforts would be made to keep everyone quiet. But that didn’t occur on Thursday. There were still people coming in and out of the campus while APD officers were on site, the staff member added. It lasted until about 2:00 pm that they felt everything was calmed down. But no staff was notified during that time and in fact, some staff still haven’t been notified.

An email was sent out by the principal that a debrief will be held on Tuesday with the staff and attendance is optional.

“I know of at least 10 kids who were involved and an adult from off-campus and was told a site safety staff member had to be held back by students. But I didn’t see the altercation,” the staff member shared.

The adult referred to was the 19-year-old who was an older sister of a student believed to be coming to the campus to protect her brother who was going to be in a fight, and believed to be one of the two initial participants.

Please check back later for any updates to this report.

Will focus on reckless driving and sideshows, plus conduct emissions inspections for illegal equipment

By Sergeant Rob Green #3639, Antioch Police Traffic Unit

The Antioch Police Department in partnership with the Brentwood Police Department, Pittsburg Police Department, Oakley Police Department, and California Highway Patrol will conduct a joint traffic enforcement detail May 27 to 29, 2022. The joint operation will focus on reckless driving and sideshow activity in the East County and conduct vehicle emissions inspections. Any vehicles found with illegal emissions equipment will be referred to a California Smog Referee. This is in response to information provided by citizens regarding a planned sideshow event to take place in the East County area.

Antioch PD would like to thank our law enforcement partners and the citizens who help aid in our investigations.

Anyone with information is asked to call the Antioch Police Department non-emergency line at (925) 778-2441. You may also text-a-tip to 274637 (CRIMES) using the key word ANTIOCH. #DontDriveReckless #ItsTheLaw #YoullGoToJail #CarsGoToJailToo

Antioch Mayor Lamar Thorpe has endorsed D.A. Diana Becton in her re-election campaign; she contributed to his anti-recall campaign

Becton’s campaign shoots back accusing Knox of asking for leniency on friend’s 2017 DUI charges; Knox’s campaign responds to accusation

By Allen D. Payton

On May 19, the Mary Knox for District Attorney campaign released a statement calling for action from District Attorney Diana Becton after more than 60 days had passed with no action on a DUI case involving a Becton campaign endorser, Antioch Mayor Lamar Thorpe. The Herald was not made aware of Knox’s campaign press release until after receiving the press release from the DA’s office on Friday, May 20 announcing charges had been filed against Thorpe on April 1. (See related article)

In addition, on May 8 a Public Records Act request was submitted by Walnut Creek resident Scott Buckley asking for “details related to the recent DUI arrest of Antioch Mayor Lamar Thorpe and any correspondence details related to this case or prosecution of the case.” In a May 17 response to Buckley, Deputy District Attorney Sophea Nop denied the request for documents claiming they’re exempt, but also wrote, “Additionally, I have determined that there are no documents in either the physical or electronic file which constitutes correspondence between Lamar Thorpe and the District Attorney’s Office regarding this case.”

The Knox press release reads as follows:

“The Contra Costa Herald previously reported that District Attorney Diana Becton held a private meeting with Mayor Thorpe just three days following the incident.

‘It has now been more than 60 days since it was reported that Mayor Lamar Thorpe was arrested for a DUI and yet we have seen no action come from the D.A.’s office,’ said Jamie Patton, spokeswoman for Deputy District Attorney Mary Knox, candidate for District Attorney, on Thursday, May 19. ‘Contra Costa residents deserve safety from drivers who recklessly drive under the influence of alcohol. Everyone wants to see their District Attorney act with integrity and fairness, regardless of a person’s position of power or influence, yet D.A. Diana Becton met with Lamar Thorpe personally following the incident and we continue to see no action to prosecute. We believe D.A. Diana Becton must address this glaring dereliction of duty and take action on this rapidly-aging case.’

Knox has served as a Prosecutor in the Contra Costa District Attorney’s office for 37 years and has extensive trial experience. Knox has earned the endorsement of every law enforcement agency in the County, as well as state and local organizations such as the California Correctional Peace Officers Association, PORAC, the California Narcotics Officers Association and the California Gang Investigators Association. Mary has advanced social justice while preventing crime in Contra Costa County.  She brought anti-bias training to the District Attorney’s Office and has fought to end discrimination against women in the Contra Costa County’s District Attorney’s Office.

Mary Knox and the incumbent are the only candidates running for election as District Attorney.  Since this election will be won by a simple majority, the election of the next District Attorney of Contra Costa County will be determined by the votes cast on June 7, 2022.

Background:

March 2022: Antioch Mayor Lamar Thorpe Was Arrested For Driving Under The Influence. “On Saturday, Antioch Mayor Lamar Thorpe confirmed in a video that he was arrested by the California Highway Patrol for a DUI. CHP later released a statement confirming the incident just before 11:00 am.” [East County Today, 3/19/22]

Becton Had “Private Meeting” With Thorpe Three Days After His Arrest, As District Attorney’s Office Was Investigating Incident. “Three days after Antioch Mayor Lamar Thorpe was arrested for DUI and while the Contra Costa District Attorney’s Office was investigating the incident, on Tuesday, March 22, 2022, he held a private meeting with D.A. Diana Becton in her office in Martinez, according to reports of what was seen on her visitor sign-in log. Neither Becton, her staff nor Thorpe will say what the meeting was about or if anyone else, such as the city attorney or interim city manager, was in the room with them.” [Contra Costa Herald, 3/30/22]

Thorpe Later Confirmed He Had Met With Becton, Said She Had Requested “Cooperation In The Investigation.” “During a press conference, Wednesday morning, April 4, 2022 on Antioch Police Department staffing, hiring incentives and the investigation of officers by the FBI and Contra Costa D.A.’s office, Mayor Lamar Thorpe confirmed what had been previously reported, of a private meeting that he had with Contra Costa District Attorney Diana Becton on Tuesday, March 22, the day before the investigation occurred. He said Interim Antioch City Manager Con Johnson was also in attendance. The meeting was held just three days following Thorpe’s arrest for DUI and while he was under investigation by her department… Thorpe said the meeting was held by Becton to request his and Johnson’s cooperation in the investigation and they were to ‘keep confidentiality as this was an ongoing investigation’.” [Contra Costa Herald, 4/4/22]

As of May 2022, a search of Contra Costa County’s online case portal did not show any pending cases involving Thorpe. [cc-courts.org]

We mailed a criminal records search request regarding Thorpe to the Contra Costa County Superior court on May 11, 2022 and are awaiting a response.

Thorpe is listed as a campaign endorser on Becton’s campaign website.”

——————-

Becton’s Campaign Manager Fires Back at Knox

The following was posted on Becton’s campaign Facebook page on Saturday, May 21 about Knox, in 2017, asking for leniency for a friend who was arrested for DUI:

“An important message from DA Becton’s Campaign Manager, Champagne Brown:

In her latest baseless attack against District Attorney Becton, Mary Knox claims to want accountability for ‘drivers who drive recklessly under the influence of alcohol.’ And yet, in 2017, Knox pled with a judge for leniency—and no accountability—for a colleague from the DA’s Office who drove under the influence of alcohol, crashing head on into another car and critically injuring the driver.

That person was George Driscoll, now the manager of the independent expenditure that has funneled nearly $250,000 from police associations to elect Mary Knox.

DUI is the most common offense among California police officers (eastbaytimes.com)

Despite Knox’s letter to the judge pleading for leniency, George Driscoll was nevertheless convicted of a felony and removed from his duties as a law enforcement officer.

This is yet another example of Mary Knox’s hypocrisy and corruption—she is for ‘law and order,’ except when it comes to her well-connected friends and donors.

She cannot be trusted to hold people she owes—including police associations—accountable.

Contra Costa County deserves a District Attorney who is courageous enough to ensure the justice system works for everyone, not just the well connected.”

Knox Campaign Responds

In response to the accusation from Becton’s campaign, Knox’s campaign spokeswoman Upton wrote, “Ms. Becton’s latest attack on Mary Knox once again demonstrates her failure to acknowledge her conflict of interest inherent in the prosecution of Mayor Lamar Thorpe.  Mayor Thorpe has endorsed Ms. Becton’s political campaign, donated to Mayor Thorpe’s effort to stave off the recall campaign launched against him and met with Mayor Thorpe in her office just days after he was arrested, Ms. Becton should have recused herself from this prosecution following Mayor Thorpe’s arrest.

Mary Knox acted ethically in writing a letter to the judge presiding over the sentencing of a case that qualified for Veterans Court in Lassen County. A judge is required by law to consider whether a veteran’s military service contributed to the commission of the criminal offense, such as Post Traumatic Stress Disorder, as well as standard factors in mitigation in sentencing. In her letter, Ms. Knox described for the judge this veteran’s service to his country that resulted in awards, including a Bronze Star for his service in Iraq, by President Obama and President Bush in a service career that spanned three decades with tremendous personal sacrifice.  Mary Knox properly provided the sentencing judge with information that he was required by law to consider in sentencing.”

Commissioners can have criminal record, but no former Antioch cops or family members allowed

By Allen D. Payton

During their meeting on Tuesday, May 24, the Antioch City Council voted 3-1 to form a seven-member Police Oversight Commission with District 3 Councilwoman voting no and Mayor Pro Tem Mike Barbanica absent. The item was the second reading for the commission’s creation which passed on a 3-1 vote during the last meeting when Ogorchock was absent and Barbanica voted no.  Resolution forming Antioch Police Oversight Commission ACC052422

According to the staff report, “Civilian oversight of police departments is an evolving governmental function designed to provide the community with a means to influence police department policies and to help ensure that policing is conducted in a manner that is constitutional, effective, and responsive to the standards, values, and expectations of those served by the police department.

The City Council directed City staff to research and make recommendations to the City Council Police Oversight Standing Committee on the potential formation of an Antioch Police Oversight Commission (‘Police Commission’). City staff researched (1) police oversight commissions and boards in general law and charter cities; (2) the differences between police oversight commissions in general law cities and charter cities; and (3) solutions that can be achieved under each type of government within state and local laws and policies.

City staff has prepared an ordinance forming the Antioch Police Oversight Commission with the aim of strengthening trust, transparency, accountability, and police-community relations in the City of Antioch by ensuring that the Antioch Police Department’s policies, practices, and customs meet or exceed national standards of constitutional policing.

The purpose of the Antioch Police Oversight Commission is to strengthen trust, transparency, accountability, and police-community relations in the City of Antioch by ensuring that the Antioch Police Department’s policies, practices, and customs meet or exceed national standards of constitutional policing.

The Police Commission shall advise the City Council, City Manager, and Chief of Police on the administration of the Antioch Police Department and on policy matters concerning public safety within the City of Antioch. The Police Commission shall facilitate community participation and oversight by reviewing and recommending policies, procedures, practices, and programs designed to result in community policing that is effective, responsive, and sensitive to the diverse needs of the residents of the City.

The Police Commission shall promote and encourage open communication and cooperation between the Antioch Police Department and residents of the City, recognizing that policing the City of Antioch is a shared responsibility.

The Police Commission shall develop, review, and make policy recommendations aimed at informing the community of its rights and responsibilities when interacting with police officers.”

Purpose of Commission

Also, according to the resolution adopted by the council, “The purpose of the Police Commission is to advise the City Council, City Manager, and Chief of Police on the administration of the Antioch Police Department and on matters of public safety within the City of Antioch to ensure that the Antioch Police Department’s policies, practices, and customs conform to national standards of constitutional policing.

The Police Commission shall facilitate community participation and oversight by reviewing and recommending policies, procedures, practices, and programs designed to result in community policing that is effective, responsive, and sensitive to the diverse needs of the residents of the City.

The Police Commission shall promote and encourage open communication and cooperation between the Antioch Police Department and residents of the City, recognizing that policing the City of Antioch is a shared responsibility.

The Police Commission shall develop, review, and make policy recommendations aimed at informing the community of its rights and responsibilities when interacting with police officers.”

Commissioners Can Have Criminal Record

The adopted resolution also includes details on membership of the commission.

“The Mayor and the City Council shall strive to appoint and confirm at least:

(a) one (1) representative from each of the four (4) councilmember voting districts of the City;

(b) one (1) representative of the Antioch faith-based community;

(c) one (1) representative of the Antioch business community; and

(d) one (1) employee or student of the Antioch Unified School District.

(D) No one shall be excluded from the Police Commission because he or she has a criminal record.

(E) The following shall not be eligible to serve as a Police Commissioner:

(a) current sworn police officer or his/her spouse;

(b) current City employee or his/her spouse;

(c) former Department sworn employee or his/her spouse; or

(d) current or former employee, official, or representative of an employee association representing sworn police officers or his/her spouse.”

Commissioners Training

The resolution also includes training for the commissioners.

“The City shall provide appropriate funding for introductory training of new Police Commission members as well as continuing education for all members. Training shall cover all of the following, but not be limited to:

(A) The ordinance establishing the Police Commission;

(B) National standards of constitutional policing;

(C) Department operations, policies, procedures, practices, and programs;

(D) Laws governing local public records and public meetings, confidentiality, police officer rights, arrestee rights, and excessive force; and

(E) Police policies, practices, and procedures around stops, arrests, use of force, detention, large-scale protests, and marginalized communities.”

 

“Most DUI cases…take around 60 days” – Ted Asregadoo, PIO, Contra Costa DA’s Office

Questions for Thorpe continue to go unanswered

By Allen D. Payton

Two months after Antioch Mayor Thorpe was arrested for DUI on March 19, the Contra Costa District Attorney’s office announced on Friday, May 20, 2022, that was charged on April 1. Thorpe was charged with two offenses including “Driving under the influence of an alcoholic beverage VC 23152 (a)” and “Driving with a .08% blood alcohol content VC 23152 (b)”. See related articles here, here and here.

Following is the press release from Ted Asregadoo, Public Information Officer for the DA’s office:

Antioch Mayor Lamar Thorpe was charged with two Misdemeanor counts of Driving Under the Influence (DUI) of alcohol on April 1, 2022.

The Office of the District Attorney of Contra Costa County received a referral from the California Highway Patrol on March 23, 2022, on two violations of California Vehicle Code 23152 (a) and 23152 (b) that occurred on March 19, 2022, in Pleasant Hill.

After an evaluation, a charging decision was made on the following counts:

Count 1 – Driving under the influence of an alcoholic beverage VC 23152 (a)

Count 2 – Driving with a .08% blood alcohol content VC 23152 (b)

The case has been submitted to the Superior Court of Contra Costa County and a Notice to Appear will be issued by the Court.

DA’s Office Responds to Questions About Timing of Press Release and Charges

The following questions were sent Saturday morning to District Attorney Diana Becton’s personal email and through Asregadoo:

“Why, if Mayor Thorpe was charged on April 1, did you just send out the press release about it, yesterday? Was it favoritism for a political ally? Did he ask you to hold it until after the May 11 deadline for submitting his recall signature petitions? Did you choose to hold it for that reason without his request? Or does the process usually take that long in a DUI case? Are elected officials, either political allies or not, treated like any other person your office prosecutes?”

Asregadoo responded, “To inform the public that misdemeanor charges were issued against Mr. Thorpe April 1, 2022. Last week, some media outlets echoed false claims the DA’s Office was not filing charges. The Contra Costa County District Attorney’s Office fairly, ethically, aggressively, and efficiently prosecutes those who violate the law. Most DUI cases (from arrest to issuance of charges) take around 60 days. Sometimes less, sometimes more. It depends on how many DUI cases a Deputy DA is managing. The mission of the Contra Costa County District Attorney’s Office is to seek justice and enhance public safety for all our residents by fairly, ethically, aggressively, and efficiently prosecuting those who violate the law, and by working to prevent crime.”

Regarding the charges they were asked, “how does your office know Mr. Thorpe only consumed ‘an alcoholic beverage’ that night? Do you have witness testimony from whom he claimed to be having dinner, and/or the server or bartender at the establishment who served them? Do you know for sure that he wasn’t at any other establishment(s) consuming alcoholic beverages with others? Is the second charge a standard charge for a BAC of .08% or higher? Or is that the exact level that the CHP measured in his chemical test they administered to him, that night?”

Asregadoo responded simply, “We don’t comment on evidence related to an active court case.”

Questions for Thorpe Go Unanswered

The following questions were sent Saturday morning to Thorpe via email giving him or his attorney until 3:00 p.m. to respond:

Do you have any comments you would like to include from either you or your attorney?

Also, what was your blood alcohol content that the CHP measured in your chemical test they administered? Was it only .08% as stated in the DA’s press release or was it higher and if so, what was the level?

Why if you were charged on April 1 was this just released by the DA’s office, yesterday? Did you ask them to hold it until after the May 11 recall signature gathering deadline?”

Thorpe was asked additional questions that he had previously been asked but have to date gone unanswered:

“Did you have more than one drink that night? With whom did you have dinner and a drink Friday night/Saturday morning? Is that friend willing to corroborate your claim of you only having one alcoholic beverage?

Where did you eat dinner and have a drink? Will the server or bartender corroborate your story?

How long were you at the establishment? Did you go to more than one restaurant or bar that night? Did you or the person you had dinner with pay with cash or by credit/debit card? Did either one of you keep the receipt(s) from your dinner and drink?

Are you willing to provide copies of the receipt(s) for the public to see to support your claim of only having one drink? At what time do you remember having the drink and finishing it?

Did you consume any alcoholic beverages at those or any restaurants or bars, either in Antioch or anywhere else on Friday, prior to leaving Antioch and East County and arriving at the location where you claim you had dinner with a friend and ‘the drink’?

Who drove you home from the CHP office in Martinez? Were you still inebriated at that time? Have you ever been stopped before for driving under the influence? Have you ever claimed to be inebriated at the time you were accused of another crime?”

No responses were received from Thorpe as of 3:00 p.m., Monday, May 23, 2022.

Please check back later for any updates to this report.