Archive for the ‘Police & Crime’ Category

Concord man charged with sexual abuse of child under 13, possession of child porn

Saturday, April 2nd, 2022

Previously the subject of a 2015 Antioch investigation, also arrested by Antioch Police in 2017 for lewd acts upon a child and sexual exploitation of a child

By Ted Asregadoo, Public Information Officer, Contra Costa County Distict Attorney

50-year-old Concord resident Patrick Steven Yelton was charged with three counts of forcible sexual abuse of a child under 13 which he allegedly committed in 2015. The charges were filed on March 28, 2022, in Contra Costa County Superior Court in Martinez. Yelton was previously charged on April 15, 2021, with one count of possession of child pornography, and is currently in custody at the Martinez Detention Facility.

In March 2020, the Internet Crimes Against Children Taskforce received information that Yelton was storing images of child pornography in his Google account. Concord Police officers contacted Yelton about the alleged images. Pursuant to a search warrant, Officers seized Yelton’s smartphone and additional photos of child pornography were located on the device. A year later, in February 2021, the ICAC Task Force received another tip that Yelton had pornographic images of children on his Yahoo account which yielded further evidence of unlawful activity.

Yelton was previously the subject of a 2015 Antioch investigation concerning sexual abuse of a child under 13. While reviewing the material in Yelton’s accounts relating to child pornography, evidence was discovered relating to the 2015 investigation.  As a result, Yelton has now been charged with the 2015 forcible sexual abuse offenses, in addition to the original child pornography charge.

The investigation was conducted by a multi-agency, Internet Crimes Against Children Task Force, which is managed by the San Jose Police Department. In Contra Costa County, detectives and investigators from the Walnut Creek, Pleasant Hill, Martinez, San Ramon, Concord and Moraga Police Departments, the Contra Costa County Sheriff’s Office, United States Secret Service, Homeland Security Investigations, the Contra Costa County Probation Department, and Inspectors from the Contra Costa County District Attorney’s Office participated in the task force.

According to localcrimenews.com Yelton has a history of arrests including by Pleasant Hill Police in 2016 for driving with a license suspended for drunk driving; three  times by Antioch Police in 2017 including once for false imprisonment by violence, forcible lewd acts upon a child and sexual exploitation of a child under 18 years, and again in 2017 for inflicting corporal injury on spouse/cohabitant, threats of violence and receiving or concealing stolen property; by  Martinez Police also in 2017 for possession of drug paraphernalia; and seven times by Concord  Police including twice in 2018, first for possession of a controlled substance and later for battery on a spouse / cohabitant / former spouse and threats of violence

Parents are encouraged to talk to their children about online safety and can visit the website www.kidsmartz.org or the District Attorney’s website for further information.

Case information: People v. Yelton, Dockett Number 01-195896-6

Allen D. Payton contributed to this report.

Young Antioch man shot and killed in San Jose early Sunday identified

Saturday, April 2nd, 2022

By Sergeant Christian Camarillo, San Jose Police Department

On March 27th, 2022, at approximately 2:44 AM, Officers responded to the area of South 4th Street and East San Carlos Street on a report of a shooting. When they arrived, they located an adult male suffering from at least one gunshot wound. Paramedics arrived and pronounced the victim deceased at the scene.

The motive and circumstances surrounding the incident are under investigation. The suspect is unidentified and remains at large.

The identity of the deceased victim was released by the Santa Clara County Coroner’s Office as 27-year-old Jacqui Biggins out of Antioch.

This is the City of San Jose’s 4th homicide of 2022.

Anyone with information is asked to Contact Detective Sergeant Bagon #3589 or Detective Ancelet #4173 of the San José Police Department’s Homicide unit at 408-277-5283.

Submit crime tips and remain anonymous by using the P3TIPS mobile app, calling the tip line at (408) 947-STOP, or on www.svcrimestoppers.org. If the information you submit leads to an arrest, you are eligible for a cash reward from the Silicon Valley Crime Stoppers Program.

Allen D. Payton contributed to this report.

Antioch Police to hold annual Community Easter Egg Hunt Monday April 18

Saturday, April 2nd, 2022

DA’s office, city officials won’t say how many Antioch police officers under investigation

Thursday, March 31st, 2022

Thorpe issues statement claiming investigation is to help with council’s police reform efforts; Barbanica posts video about APD staffing level concerns, says interim city manager won’t return calls to providdetails

DA won’t clearly defin“crimes of moral turpitude”; Thorpendorsed DA Becton, APOA endorsed her opponent, Deputy DA Knox

Thorpe’s statement on the investigation of APD officers posted on his official Facebook page on Saturday morning, March 27.

By Allen D. Payton

One week later, neither the Contra Costa DA’s Office nor Antioch city officials will say how many police officers are under investigation by the FBI and D.A.’s Office of Antioch that began last Wednesday, March 23 and was announced last Friday. The Pittsburg Police Department immediately responded Friday afternoon informing the public on social media that three of their officers had been placed on paid leave. (See related article)

On Tuesday, Assistant Contra Costa D.A. Simon O’Connell was asked how many Antioch police officers are under investigation. He responded, “As stated on Friday, due to the ongoing nature of the investigation, no additional details will be released at this time.”

Thorpe Issues Statement Claims It’s Done to Help in Fight to Reform APD

Antioch Mayor Lamar Thorpe posted a statement about the investigation on social media Saturday morning, along with a video of a KPIX Channel 5 news report. But the statement did not provide any additional details and is not known if it is the official statement from the City of Antioch.

“Mayor Thorpe’s statement regarding investigation [sic] Antioch Police Officers:

Since I assumed the Office of Mayor, a little over a year ago, I have been committed to reforming the Antioch Police Department. In order to achieve our goal of having a safe city there must always be a level of trust between our community and our officers.

I appreciate the FBI’s and District Attorney’s willingness to help in our fight to reform the Antioch Police Department. They have my personal assurance that the City of Antioch will continue to assist them in this matter.”

Barbanica Posts Video, Concerned About Antioch Police Department Staffing Levels, Can’t Get Call Back with Details from Interim City Manager

Screenshot of Barbanica YouTube video on the APD investigation.

On Saturday, Antioch Mayor Pro Tem Mike Barbanica posted a YouTube video on his official Facebook page in which he said he had tried unsuccessfully 10 times to reach Interim City Manager Con Johnson to get details. Barbanica also said he was concerned about staffing levels in the police department.

“The men and women of the Antioch Police Department that are out there doing their job the right way, every day, one hundred percent have my support and I thank them for continuing to come to work…and doing everything they can to make sure we have a safe community,” he said. “The other group that we’re talking about here, I couldn’t tell you. I have no confirmation who these people are. So, I really don’t know…the true details of what’s going on.”

“I can’t get return phone calls from our city manager’s office to give me the facts,” Barbanica continued. “Very sad day for law enforcement any time police officers are investigated for anything. But I don’t know where it stands. I don’t know if an arrest has been made.”

“Staffing levels are a huge priority for me to make sure we that have enough people out there on the street,” he stated. “I can call the chief, but he can’t call me back to give me the details of it because of the policy out of the…interim city manager’s office that the department heads can’t talk to council members unless the city manager or his designee is present and I can’t even get a call back from the CM’s office.”

So, I’ll update you as I know, which right now is very little. I’ve been kept in the dark. I will let you know as I know,” Barbanica added.

Questions for Thorpe, City Council and Staff Go Unanswered

A copy of the mayor’s statement and questions were sent late Saturday night, March 26 to Thorpe, copying the other four council members, Interim City Manager Con Johnson, City Attorney Thomas Lloyd Smith, Interim Police Chief Tony Morefield, Antioch Police Officers Association President Steve Aiello, Assistant City Manager Rosanna Bayon Moore and Public Information Officer Rolando Bonilla asking, “Is that the City of Antioch’s official statement? If so, who helped you prepare it, the PIO, interim city manager, city attorney or someone else?”

If not, why hasn’t one been issued by either the PIO or APD like the statement issued by the Pittsburg Police Department, which provided the information on their three officers who have been placed on paid leave, on Friday about an hour after the DA’s office issued their press release?

If Pittsburg PD can share that information without mentioning names of their three officers, why can’t you?

If not or if so, is what you issued the appropriate and responsible way to provide a response to such an announcement?

If not, when will the official statement be issued by either the PIO, APD or you?

If not, aren’t you, again jumping to a conclusion and assuming Antioch Police officers are guilty of something wrong before the investigation has been concluded, like you did in the Angelo Quinto case?

How many Antioch Police officers are being investigated? How many have been placed on paid administrative leave? Differing reports by Bay Area TV stations are claiming 8 or 10 officers because the City isn’t doing like the Pittsburg PD has and immediately responded to the DA’s press release. From where are they obtaining that information? Is Rolando providing that to them? Has he spoken to any media about this investigation?

Have you and the other council members been informed of how many officers are being investigated and how many have been placed on paid leave? If so, when did that occur? Also, if so, have any of you shared that information with any member of the public or media? If so, to whom did you share it?

What is the definition of crimes of moral turpitude used by the FBI, DA and APD? How does it apply to the possible crimes committed by Antioch officers? Reports by Bay Area TV media claim it’s steroid abuse and jokes about officers asking if someone is bringing cocaine or heroin with them somewhere. Is any of that true and part of the investigation?

How does the investigation of an unknown number of officers have anything to do with the police reforms approved by council majorities over the past year? Are you trying to take credit for the investigation? Did DA Becton, anyone in her department or anyone in the FBI say the investigation was to help reform the Antioch Police Department?

Did you or anyone from the Antioch city government request the investigation? If so, when? Was the investigation a topic of discussion with DA Becton during your reported private meeting with her this passed Tuesday afternoon, March 22 the day before the investigation?

Was that meeting by you and the DA appropriate since, due to your DUI arrest on March 19, you’re currently the subject of an investigation by the Contra Costa DA’s Office?

Is your statement an attempt to deflect from the news about your DUI arrest?

Did she or anyone in the DA’s office or FBI inform any of you about the investigation prior to Wednesday’s actions? Did any of you speak with Becton, anyone in her department or the FBI following the Wednesday actions? If so, when, how, what was discussed and with whom?

Have any of you endorsed and/or made any financial contributions to DA Becton’s re-election campaign? If so, when and how much?

For Lamar – has Becton endorsed you in or contributed to your campaign to beat the recall? If so, when and how much?

Has the Antioch Police Officers Association endorsed Becton’s opponent, Deputy DA Mary Knox and/or contributed to her campaign? If so, when and how much?

For Interim Chief Morefield – were you aware of any of the activity by the APD officer(s)? How long has it been occurring? Was there an internal investigation done by your department? When did that occur? What were the results? Did you invite the outside investigation?

Prior to this investigation being announced I was informed there were 83 active sworn police officers on the Antioch force the previous week and 81 this past week. Are or were those figures correct? If any Antioch officers were placed on paid leave as a result of the investigation how many were also on paid leave for injury or another reason? How many active sworn officers does the APD have, now as a result of this investigation?”

No responses were received as of Thursday, March 31 at 5:00 p.m.

Becton Endorsed by Thorpe, Opponent Knox Endorsed by APOA

A review of the campaign websites for the two candidates for district attorney, incumbent Becton and challenger Deputy District Attorney Mary Knox, they show Thorpe has endorsed Becton for re-election, as well as Antioch Councilwomen Tamisha Torres-Walker and Monica Wilson. The Antioch Police Officers Association has endorsed Knox along with all the other police officers’ associations in the county, except for Richmond’s, which hasn’t endorsed either candidate, yet. In addition, Antioch Councilwoman Lori Ogorchock and Mayor Pro Tem Mike Barbanica have also endorsed Knox, although his doesn’t currently appear on the campaign website. Barbanica announced his support in a YouTube video posted on his official Facebook page.

DA’s Office Won’t Provide Clear Definition of Crimes of Moral Turpitude

Assistant D.A. O’Connell was also asked on Friday, March 25 after working hours and again on Tuesday, March 29 to provide the definition of the legal term “crimes of moral turpitude” as it is being applied in the investigation of the Antioch and Pittsburg Police Departments.

He responded, “The definition of a crime of moral turpitude is explored and articulated by the Supreme Court of California in People v Castro (1985) 38 Cal 3d 301 and People v. Beagle (1972) 6 Cal 3d 441.”

O’Connell was then asked, “You really can’t provide what your office defines as a crime of moral turpitude upon which you’re investigating two police departments?” He did not respond.

In the 1985 case, according to case-law.vlex.com, the defendant was found guilty of receiving stolen property.  In the 1972 case, also according to case-law.vlex.com, the defendant was found guilty of attempted arson and arson.

O’Connell was then asked after hours on Tuesday, “Does that mean receiving stolen property, attempted arson and arson fit the description of crimes of moral turpitude? Is your response a hint at what the possible crimes that were committed by the officers that your office is investigating?” He did not respond as of Thursday at 5:00 p.m.

Please check back later for any updates to this report.

Contra Costa Public Defender wants names of Antioch, Pittsburg officers under investigation by DA

Tuesday, March 29th, 2022

McDonnell issues statement about investigation, wants to conduct own review of cases; Becton hasn’t responded

By Allen D. Payton

In a letter to Contra Costa District Attorney Diana Becton on Monday, Contra Costa Public Defender Ellen McDonnell asked for the names of the Antioch and Pittsburg Police officers who are the subjects of an investigation into possible crimes of moral turpitude. The DA’s office announced last Friday the investigation which began last Wednesday and “a review of both active and closed cases involving these officers…to evaluate whether those cases are now compromised.” (See related article)

McDonnell is also asking for all the current, pending cases the involving the officers so her office can conduct a separate review. As of 5:00 p.m. Tuesday, McDonnell said she had not received a response from Becton.

“To date, I have not been provided with any information about what this investigation of the officers is about,” McDonnell later shared.

Following is the letter:

“March 28, 2022

Diana Becton

Office of the District Attorney

900 Ward Street

Martinez, CA 94553

Dear Diana,

In light of the recent media disclosures regarding conduct involving moral turpitude on the part of officers from Pittsburg and Antioch Police Departments, I am requesting that you identify all officers from those departments currently under investigation by your office. We believe that such a disclosure is mandated by the United States Constitution, XIVth Amendment, Brady v. Maryland (1963) 373 U.S. 83 & progeny, and California case law.

I am also asking that you identify all cases currently pending that include any of the involved officers, as well as all previous cases involving those officers. Please provide us with a list of such cases in which the client is or was represented by the Office of the Public Defender or the Office of the Alternate Defender.

While we understand from your press release that you intend to conduct an internal review of affected cases, we respectfully request that you identify those officers so that we can conduct our own review according to our own practices.

Thank you in advance for your assistance and cooperation with this matter. If you have any questions about this request, please let me know.

Sincerely,

Ellen McDonnell

Public Defender Contra Costa County”

————————–

According to supreme.justia.com, in the case McDonnell cited, the court found, “The government’s withholding of evidence that is material to the determination of either guilt or punishment of a criminal defendant violates the defendant’s constitutional right to due process.”

McDonnell Issues Statement About Investigation

The Public Defender issued the following statement Tuesday evening:

“I am deeply concerned about these revelations.  Our office first heard about this investigation when the District Attorney’s Office issued a press release on March 25th.  We immediately requested that the names of any involved officers be released to our office so that we could begin the process of reviewing impacted cases and determining what role these officers played in any arrests or convictions.  Timely transparency is necessary to ensure due process of law and the fair administration of justice for our community and for those impacted by our criminal legal system, some of whom may be currently incarcerated based on the word of these officers.

This investigation into the conduct of officers from both the Pittsburg and Antioch Police Departments will potentially impact many hundreds of cases.  This includes not only current cases where these officers are witnesses, but also previous arrests and convictions involving these officers.  It is important to determine whether these officers were under investigation and suspected of committing crimes of moral turpitude while they continued to remain on the force and continued to arrest individuals, to author police reports, and to testify as witnesses in criminal court.”

CHP: Antioch Mayor Thorpe under investigation by DA’s office for DUI, possibly weaving when stopped

Tuesday, March 29th, 2022

DA won’t allow CHP to release arrest report showing Blood Alcohol Concentration level, probable cause for stop; Thorpe refuses to answer questions about incident, prior activity on Friday

By Allen D. Payton

A Public Records Act (PRA) request to the CHP was submitted Monday afternoon March 21, for the report of Antioch Mayor Lamar Thorpe’s arrest for DUI, early Saturday morning, March 19, showing his Blood Alcohol Concentration level at the time, and for the probable cause the officer had for pulling him over. CHP Golden Gate Division Public Information Officer Andrew Barclay was also asked if Thorpe was swerving, driving too fast or too slow. In response Barclay wrote, “I believe he was stopped for weaving.” In addition, copies of the officer’s car dash and body cam videos were requested. (See related article)

However, Barclay said the Contra Costa District Attorney won’t allow the CHP to release any additional information on Thorpe’s arrest because the incident was under investigation by the DA’s office.

In a formal response letter to the PRA request on Tuesday, March 29, CHP Golden Gate Division Chief C.C. Costigan wrote, “these records are being withheld pursuant to Government Code section 6254(f).” That section does not require the disclosure of records of investigations conducted by state or local law enforcement agencies. In addition, regarding release of audio and video recordings of an incident Section 6254(f)(4)(A)(ii) reads, “up to one year from that date, the agency may continue to delay disclosure of a recording if the agency demonstrates that disclosure would substantially interfere with the investigation.”  CHP PRA Response Letter 032922

Barclay suggested the Herald “resubmit a subsequent PRA for both the report and dash cam footage once the DA’s office has concluded their investigation.”

Questions for Thorpe Go Unanswered

Because people are questioning his claim in the video apology in which he said “the drink” meaning he had only one alcoholic beverage that night, he was asked the following additional questions Monday, March 21: “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?”

Additional questions were sent to Thorpe Tuesday morning, March 29 asking, “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’?

What was your Blood Alcohol Content that the CHP measured in your chemical test they administered? 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? Have you ever sought drug or alcohol abuse counseling?”

Thorpe did not respond as of Tuesday, March 29 at 4:30 PM.

Please check back later for his answers and any other updates to this report.

Interim Antioch city manager fires interim police chief for a few hours, one day after new interim chief announced

Friday, March 25th, 2022

A copy of the letter in which Johnson (top right) terminated Morefield (bottom right) on Thursday, Feb. 24, 2022. 

Before new chief on staff leaving city without a police chief during that time; violated Morefield’s rights as a city employee and police officer; still police chief as of Friday, March 25

By Allen D. Payton

It was reported earlier this month by multiple sources who all chose to not be identified, and now confirmed with copies received anonymously on Thursday, March 24, 2022, that on Thursday, February 24, 2022, at 8:49 AM, Interim Antioch City Manager Con Johnson sent a letter by email to current Interim Police Chief Tony Morefield, that Morefield had been terminated. Johnson copied all five city council members, plus City Attorney Thomas Lloyd Smith, the president of the Antioch Police Officers Association Corporal Steve Aiello and Dr. Steve Ford.

It was the day after Mayor Lamar Thorpe announced the hiring of Ford as the city’s new interim police chief, but who was not on city staff at the time, as he had not yet passed his background check. That left the city without a police chief for a little more than an hour and possibly longer as it’s been reported that Johnson met with Morefield earlier that morning to inform him of the decision. (See related article)

According to the reports, immediately after receiving the email, Smith went to Johnson’s office and told him he needed to retract it. That is assumed what Johnson did in a following email at 10:05 AM the same day. But it is unclear because in that second email the interim city manager wrote he was “tracking” the letter of termination, not retracting it.

Because Johnson included Ford in the emails, they no longer have protection as a personnel matter according to an outside attorney consulted by the Herald. Yet, Smith has refused to release them to the media, even after multiple Public Records Act requests were submitted.

Also, according to the reports, the announcement of Morefield’s termination quickly spread throughout the Antioch Police Department and had also been previously announced to other department heads by Johnson.

Questions for Johnson Go Unanswered

An email was sent on Monday, March 7, 2022, to Johnson, copying the city council members, City Attorney, Morefield, Assistant City Manager Roseanna Bayon Moore and city Public Information Officer Rolando Bonilla with the following: “I’ve been informed that an email was sent out by you, as the interim city manager to council members and city staff in which you announced you had fired Interim Police Chief Tony Morefield and a follow up email in which you wrote that you were tracking those emails. Please provide copies of those emails.

Did that mean you’re tracking where those emails are sent and to whom by those who received it? Or did you intend to write that you’re ‘retracting’ the previous email? If the latter, was your action retracted? If not, what day did you fire the interim chief? (That last question has been answered as Morefield continued in his position as of Thursday, March 24).

Why did you believe it was necessary to send out such an email? Had Dr. Ford already passed his background check by then? Or were your emails sent out prior to Lamar making the announcement of Dr. Ford’s hiring at the press conference, to which at least three of the other four council members weren’t invited and who also knew nothing about the appointment? (It wasn’t clear at the time if Johnson’s emails were sent on Feb. 23 or 24).

Is that the normal procedure and standard practice for how things were handled in the City of San Francisco and/or in the SFPD while you worked there? Send out an email blast announcing an interim department head has been fired?

Why did you retract it, assuming that’s what you intended to write in your second email? Was it because it wasn’t true? Or because you had changed your mind? Did someone ask or tell you to do that?

If Dr. Ford hadn’t yet passed his background check by then, has he passed it, yet? If so, when is his start date? Also, won’t Interim Chief Morefield simply return to his role and title as a captain within the department once Dr. Ford starts?

If one of you doesn’t provide copies of the emails to me by Tuesday, March 8, 2022, at noon, please consider this is a formal Public Records Act request for copies of the two emails.

Then once I receive them, I’m sure I will have more questions.

Thomas, did Con violate personnel protections for Tony by sending out that email to others on city staff and Dr. Ford who was not yet on staff at that time?  Are you the one who directed Con to retract his first email?

How could Tony be fired without due process? Isn’t he protected by the Peace Officer Bill of Rights and as a city employee? AB301

Con, shouldn’t you have known that as a former police manager? When did you inform Tony of your decision to terminate him? Was it before you sent out the email? At what time was his termination effective? Was it announced to anyone else prior to the first email being sent out? Was another leader in the APD given the position of interim police chief between the time of the first email and the second one retracting the first? If so, when did that occur? Who was assigned that role? Was it Captain Trevor Schnitzius?”

No responses were received as of Friday, March 25 at 5:00 p.m.

Outside Attorney Says Emails Are Not Privileged

The Herald sought legal advice on the matter from an attorney who wrote the following, which was also shared via email with City Attorney Smith, Johnson, the city council members, Morefield, Bayon Moore and Bonilla shortly after 5:00 p.m. Thursday, March 17:

“In a case entitled City of San Jose v. Superior Court (2017) 2 Ccal.th 608, the California Supreme Court said that emails sent by City Officials (in that case, they were emails generated by City Council members) which relate in any way to ‘the conduct of public business’ are required to be disclosed under the Public Records Act (specifically, Government Code Section 6252(e)) even if they are sent from the public official’s personal cell phone.  There is no doubt that the email to Acting Chief Morefield from the Interim City Manager Con Johnson concerned ‘the conduct of public business.’  Moreover, there cannot possibly be a privilege attached to the email, as it was not sent to seek advice from the City Attorney, but was essentially ‘blasted’ to a bunch of people, including the person who was supposedly replacing Morefield, who was not even a City employee at the time, and others, who had no legal right to know about this ‘personnel matter’ which should have been confidential under penal code section 832.7.  Since Johnson sent it to people with whom he shared no legal privilege of confidentiality, and who otherwise had no legal right to know what was happening to Morefield, any claim that the email was ‘privileged’ is total nonsense.”

The Herald wrote smith that the emails were expected to be received on Friday, March 18. They were not.

City Attorney Fails to Respond to PRA Request Within 10-Day Legal Limit

Government agencies are required to respond to Public Records Act requests within 10 business days. The city attorney was required to respond to the Herald’s PRA request dated March 8 by Tuesday, March 23. But no response was received from Smith even as of Friday afternoon at close of business.

Councilmembers Refuse to Share Letter, Email

Mayor Pro Tem Mike Barbanica and District 3 Councilwoman Lori Ogorchock each said they would not release the emails to the Herald. However, earlier this week, Barbanica posted a video about Johnson’s letter and email. But that has since been removed.

Johnson email “tracking”/retracting letter terminating Morefield sent on Thursday, Feb. 24, 2022.

Copies of Letter and Email Received by Herald March 24

On Thursday afternoon, March 24 copies of Johnson’s letter and his follow up email were received by the Herald from someone who chose to remain anonymous. The letter reads as follows:

“To: Tony Morefield

Captain of Police

FR: Cornelius H. Johnson

Interim City Manager

Date: February 24, 2022

Subject: Letter of Termination

Confidential

Captain Morefield,

Effective immediately, your employment with the Antioch Police Department as the Interim Chief of Police has been terminated. Please cease and desists [sic] with any further duties or responsibilities that are associated with the Interim Chief of Police position.

I want to thank you for your service while serving as the City of Antioch Interim Chief of Police. I wish you the best in your future professional endeavors.”

Johnson’s Follow-Up Email “Tracking” Termination Letter

In an email to Morefield, copying the same individuals, received at 10:05 a.m. the same day Johnson wrote:

“Subject: Letter of Termination

To All concern [sic]

Due to the personnel sensitivity, I am immediately tracking the letter of termination to Captain Tony Morefield.

Cornelius H. Johnson

Interim City Manager

Morefield Still Interim Chief

Asked Friday, March 25 if he was still Antioch’s interim police chief, Morefield said, “I am still the interim chief of police until such time as the city manager hires a new one.”

FBI, Contra Costa DA’s Office investigating possible “crimes of moral turpitude” in Antioch, Pittsburg Police Departments

Friday, March 25th, 2022

“conduct that shocks the public conscience, or which does not fall within the moral standards held by the community” – LegalDictionary.com

Will evaluate whether cases involving officers are now compromised

UPDATE: Pittsburg PD issues statement, 3 officers placed on paid leave

By Allen D. Payton

Late Friday afternoon, the Contra Costa County District Attorney’s Office announced that on Wednesday, March 23, 2022, the FBI and the DA’s Office conducted court-authorized law enforcement activity at multiple locations. The criminal investigation pertains to sworn law enforcement officers from the Antioch Police Department and Pittsburg Police Department.

The broad range of offenses under investigation involve crimes of moral turpitude. A review of both active and closed cases involving these officers will be necessary to evaluate whether those cases are now compromised. Due to the ongoing nature of the investigation, no additional details will be released at this time.

The involved police departments and cities have cooperated with the investigation to ensure minimal disruption to their respective communities. The District Attorney’s Office will continue to work in conjunction with federal authorities along with the cities of Antioch and Pittsburg to ensure public trust and public safety.

According to LegalDictionary.com moral turpitude means, “Conduct that is believed to be contrary to community standards of honesty, good morals, or justice.” In addition, that website reads, “Moral turpitude is a legal concept that refers to any conduct that is believed to be contrary to the community standards of honesty, justice, or good moral values. While there is no one exact definition of acts that are considered under moral turpitude, they are typically described as any acts of vileness or depravity, or of sexual immorality, whether in a private or social context.  The word turpitude is defined as a shameful, vile, or corrupt character or acts. Moral turpitude refers to conduct that shocks the public conscience, or which does not fall within the moral standards held by the community. The law concerning moral turpitude is constantly changing and evolving, as the moral standards of society in general change.”

UPDATE: Pittsburg PD Places 3 Officers on Paid Leave

The Pittsburg PD issued the following statement on their social media accounts early Friday evening:

“The Pittsburg Police Department is aware of a joint criminal investigation being conducted by the Contra Costa County District Attorney’s Office along with the FBI. The investigation involves several local police officers, including three current Pittsburg Police Officers. Anytime there is any allegation of criminal misconduct, that is something our organization takes extremely seriously.

In September of 2021, the department received information that a Pittsburg Officer was involved in illegal activity. The tip also indicated that other law enforcement officers were involved, but did not go into further details. When we learned of the allegations, we immediately contacted the District Attorney’s Office and asked them to conduct an independent criminal investigation.

This past Wednesday, the FBI and the District Attorney’s Office met with three current Pittsburg Police Officers as part of this investigation. After the meetings, all three Pittsburg Police Officers were placed on paid administrative leave. This is still an active criminal investigation being conducted by two outside law enforcement agencies, so we do not have further details into the alleged misconduct. The Pittsburg Police Department will continue to cooperate with the DA’s Office and the FBI. We will also be conducting our own internal investigation that will be completed by an independent, outside investigator.

Please know that the women and men at our Department remain committed to serving our community. Any officer who has violated their oath of office by engaging in illegal or unethical conduct will be held accountable.”

No Response from City of Antioch, Yet

A copy of the DA’s release was sent, Friday at 4:36 p.m., to Interim Antioch Police Chief Tony Morefield, copying Captain Trevor Schnitzius asking if they can provide any information about the investigation. Morefield said any inquiries about the matter must be made to the City of Antioch public information officer (PIO).

An email was then sent to Antioch’s PIO Rolando Bonilla after business hours on Friday asking for the response from the city.

A question was also sent to Assistant DA Simon O’Connell after hours Friday asking for his office’s legal definition of “crimes of moral turpitude”.

Please check back later for any updates to this report.