Shooting of teen and fireworks both occurred in the vicinity

By Allen D. Payton

In response to efforts to obtain information about the lock down of Deer Valley High School on Wednesday, March 30, 2022, Antioch Unified School District Stephanie Anello responded on Saturday, April 2 writing, “Around 2:30 pm that day, a parent from a nearby school called the school and reported that a young adult or teenage males were running towards DVHS wherein at least one weapon was reported.

“We immediately called dispatch and were informed that there was no need to lock down. However, out of an abundance of caution, I instructed the school to lock down until we could assess the situation. Staff walked the perimeter of the school and monitored the gates. At about 2:52 pm we again called dispatch. At that time, we were told that the activity in the neighborhood was firecrackers.

“A reporter called me at around 4:30 PM that same day and notified me that there had been a shooting near the campus at around 2:35 pm. We called staff together for a meeting first thing the next morning as we anticipated confusion and concern. An officer was at the meeting who confirmed that there was miscommunication from dispatch. At approximately the same time there were fireworks in the vicinity there was also a shooting.

Thank you for reaching out and let me know if you have any further questions. I am going to forward this to the rest of the board as well, in case they have similar questions.”

Eastcountytoday.net reported that a 16-year-old male was shot and “showed up at a nearby hospital with a non-life-threatening gunshot wound.”

Says APD down 13 officers from 115 budgeted; proposes financial incentives to hire lateral officers from other agencies, academy graduates; admits to private meeting with DA, interim city manager

Police leader says officers are leaving and don’t want to hire on to APD due to mayor, council majority, policies and attitudes; attrition wasn’t happening under former Chief Brooks; claims five officers under investigation and on paid leave

Mayor Pro Tem Barbanica says APD down to 78 sworn active officers on the force, police officers telling him the council majority is to blame for attrition

Thorpe confirms currently only 78 active sworn officers

By Allen D. Payton

Following a local podcast last Friday in which the president of the Antioch Police Officers Association, Corporal Steve Aiello said the lack of active sworn officers on the force is directly due to the mayor and council majority, their policies and attitudes toward police, and a YouTube video by Mayor Pro Tem Mike Barbanica posted on his official Facebook page, Sunday night sharing 24 officers are “off work” for a “variety of reasons”, Mayor Lamar Thorpe held a press conference Monday morning claiming the attrition in the department is due to national trends.

The announced, new interim police chief Dr. Steve Ford also participated in the press conference and later said his own hiring process should be completed either this week or early next week.

During the podcast, Aiello spoke about exit interviews with officers which provided him with the reasons they are leaving the department and partly why the force was down to just 83 active sworn officers two weeks ago. That was prior to the investigation by the FBI and DA’s office of five officers who have been placed on paid administrative leave, according to Aiello. (See related article)

Thorpe wouldn’t confirm that number when asked during the press conference. Aiello said three of those officers have told him they were surprised and don’t know why they’re being investigated.

Barbanica said there are currently 78 active sworn officers, which Thorpe did confirm during the press conference. Barbanica also provided a breakdown of police staffing in his Facebook post writing, “an update on current staffing levels at the APD. Keep in mind, this is a 24/7 operation. Patrol 52 (Including Supervisors/Managers), Community Engagement Team 2, Traffic 4 (Including 1 Supervisor), Investigations 12 (Including Supervisors/Managers), Admin 8, Off Work 24 (variety of reasons).”

Current Staffing Confirmed at 102 Sworn on Staff, 78 Active, Claims APD Part of National Trend in Police Staffing Losses

Thorpe and Ford said the current Antioch Police Department staffing level is at 102 sworn police officers, leaving 13 sworn positions currently open from the 115 approved in the city budget. There are three officers currently in the police academy who will graduate in July, which will reduce the vacancies to 10. Thorpe confirmed there are currently only 78 active sworn officers on the force.

The mayor spoke of national trends with vacancies in government employment, which he said is, “the economic phenomenon called ‘The Great Resignation’ where many employees across the U.S. have resigned from their jobs, most notably during the global, COVID pandemic…resulting in lower productivity and a decline in morale.”

“Only hospitality and government are witnessing actual decline in the workforce, meaning workers aren’t being replaced or replaced fast enough, otherwise known as attrition,” Thorpe continued. “‘20-‘21 marked the highest rate of state and local government job openings in the past 20 years, which means local governments are understaffed. Law enforcement is the largest group driving workforce losses through local government.”

A ‘20-‘21 report by the Police Executive Research Forum rightly notes that nationally, there has been a 45% increase in retirements and a 20% increase in resignations compared to previous years” he stated. “Antioch’s law enforcement agency is no exception to this staffing crisis.”

However, Thorpe did not offer any reasons for the attrition either nationally or locally. Aiello stated during Friday’s podcast, the losses in the Antioch Police Department staffing weren’t happening during former Chief Tammany Brooks’ tenure in the position, who resigned at the beginning of last October.

Proposes Increasing Incentives for Lateral, Academy Hires, Increase in Over Hire Sworn Staffing by Four Officers

Also, during the press conference, Thorpe and Ford announced proposed financial incentives to attract the hiring of lateral officers from other departments and police academy graduates. They include increasing from $10,000 to a “$40,000 structured signing bonus”, with $20,000 paid upon hiring, $10,000 at the end of the officer’s first year with the department, and another $10,000 paid at the end of their third year. They are also proposing the same incentives for academy recruits.

The other proposed incentive is for up to $60,000 for down payment assistance per academy graduate for the purchase of a home in Antioch, for which they would have to remain on the Antioch police force for at least five years.

In addition, Thorpe proposed increasing the over hire of sworn police officer staffing in the department from the current 121 to 125.

However, “these positions will have to be directly tied to any anticipated retirements or resignations, or any long-term administrative leave,” Thorpe explained.

The city council will have to approve any of the proposed incentives and increase in over hire for the department.

Asked if the money for the home down payments will be from the city’s General Fund or the police budget, Thorpe replied, “Obviously, we have significant salary savings at this point. So, we can look at that pot of money. We could look at the General Fund but we could also look at ARPA (American Rescue Plan Act of 2021) funding. So, again, this is for a 12-month period and if after 12 months we may find we’ll need to do it, again.”

Thorpe wouldn’t answer the question if he would offer any incentives to keep the current officers on the Antioch police force. But as he walked out of the council chambers, he continued answering questions of one reporter about hiring lateral officers who are under investigation in their current departments. Thorpe’s answer could not be understood.

Thorpe Admits to Private Meeting with DA, Interim City Manager, Says They Were Asked to Cooperate with Investigation of APD, Won’t Say How He’s Helping

During the press conference, Thorpe confirmed what had been previously reported, of a private meeting he and Interim City Manager Con Johnson had with Contra Costa District Attorney Diana Becton on Tuesday, March 22, the day before the investigation occurred.

The meeting was held just three days following Thorpe’s arrest for DUI and while he was under investigation by her department. (See related article)

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”. Asked if the information he had received as one of the five council members was shared with all of the other four, Thorpe replied, “no, because the district attorney said to keep this confidential between myself and the city manager, because they were soliciting our help in the investigation.”

Asked how he as a civilian was helping the investigation, Thorpe replied, “I’m not going to get into that.” He later said, “Let me just clarify something. I was asked to be down there as the mayor of Antioch. So, beyond that I’m not going to answer how or what.”

Thorpe Won’t Confirm How Many Officers Under Investigation, Cause of Attrition

About how many officers were on paid leave and what Aiello had said Thorpe was asked, “you’re claiming, now, that those officers, 28 or so, are on paid leave because of national trends and they’re leaving, but they’re sick and injured…and he (Aiello) said that many are not coming back. Is that correct?”

“That’s not what I said. That’s everything you inferred,” Thorpe replied. “What I can tell you is that currently, we have 24 people who are on either injury or administrative leave. It’s a combination of both and we’re not going to get specific as to who, because we have to protect people’s personnel files and their privacy and their confidentiality. So, I’m not going to play this game with you trying to take information from people’s personnel files and exploit it for the media. I’m not going to do that.”

Asked again, “so, we were down to 83 officers before the five were placed on paid administrative leave, correct?” Thorpe responded, “currently we are down 24 unavailable.”

Barbanica Says Officers Tell Him Thorpe, Council Majority Are to Blame for Attrition

When reached for comment, Mayor Pro Tem Mike Barbanica said, “I speak with law enforcement, daily including Antioch officers and other local agencies and they’re telling me it’s the council majority that’s to blame for the attrition.”

“At one point, Antioch was viewed as the agency to go to,” he added.

See YouTube videos of the press conference by the Antioch Herald here, here, and here and on Thorpe’s official Facebook page.

Please check back later for any updates to this report.

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.

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.

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 provide details

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

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

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.

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.”

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.