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.

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.”

“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.

LIFETIME CHANNEL PREMIERE

Film Title: The Lost Girls

Date: Saturday, March 26, 2022

Time: 8pm EST / 5pm PST (Check your local listing for times)

Movie trailer for “The Lost Girls” – https://play.mylifetime.com/movies/the-lost-girls/preview-the-lost-girls

HOLLYWOOD, CA, March 25, 2022: Veteran movie Producer Julia Verdin announced today that the Lifetime Channel premiere of her film “The Lost Girls” will be on Saturday, March 26, 2022 at 8pm EST. The film shows the harrowing story of 17-year-old Angie who was befriended by a good looking teen new to her area promising to help her music career and lured into a sex trafficked ring.

Verdin, owner of www.RoughDiamondProductions.net is known for successful films such as “The Merchant Of Venice”, “Stander”, and “2 Jacks”, studded with Academy Award Winning actors as well as producing a host of other great films, directed and wrote “The Lost Girls”.

After volunteering at a runaway children’s shelter and meeting many teenage survivors of trafficking, Verdin became emotionally connected to the cause of fighting for justice for them. This drove her passion to produce, direct and write the film in hopes of making a difference.

“Church groups do a lot to help survivors of trafficking,” stated Verdin.  “When I was doing my research and talking to trafficking survivors, many of them told me that a big turning point in their recovery was reconnecting with their faith.”

Verdin, who is also the President and founder of www.ArtistsForChange.org, says that her hope is that if teenagers, parents and those working with youth can start to understand the signs of a teen being groomed by a trafficker, that teens could be saved from years of hell and trauma. To Verdin, education and awareness is everything. These traffickers prey on innocence and vulnerability. Verdin says they must be stopped.

For more information, please contact Julia Verdin at Julia.Verdin@Artists4Change.org or by phone at (323)848-2900.

About Julia Verdin

Long time filmmaker Julia Verdin is known as an accomplished producer, award-winning Director and screenwriter. Having been in the film business for over 30 years, Julia has established herself as one of Hollywood’s leading independent producers. She has over 36 critically acclaimed feature films under her belt with several currently in the pipeline. She is the founder and owner of Rough Diamond Productions since 1995 and president and founder of Artists For Change plus many other resume accolades. For more information you can visit: www.RoughDiamondProductions.net/julia-verdin or www.imdb.com/name/nm0893845.

Local Organization Works to End Trafficking in Contra Costa County

Pillars of Hope based in Contra Costa County, has been helping trafficking victims since the organization was founded on Sept. 17, 2010.

“We just helped, last night, paying for a room for a victim who was testifying against her trafficker,” said Debra Brown, Executive Director. “The DA reached out to us. We’ll continue to do that until we get our house. There are several we help out, each month, with victim assistance and street outreach.

About the movie she said, “it’s typical of what happens.” She encouraged everyone to watch to see what’s happening in our county and across the country.

“We help women everywhere. We get calls directly from victims, from the Contra Costa and Alameda DA’s offices,” Brown shared. “We had one victim get a tattoo of her trafficker’s name on her chest removed. We do whatever they need. Sometimes it’s a ticket home. Sometimes it’s dental work, or even transportation to and from doctor’s appointments.”

“We have a lot of resources on our website and online training, too for those who want to get involved help end what’s happening in our own community,” she stated. “It’s happening in every community across America and that’s what’s sad.”

“They need to go after the demand side and that’s how they’ll end it,” said Brown. “If you get caught buying a kid, your face and name should be on a billboard and in newspapers in your town. There should also be astronomical fines.”

“They’re already doing heavier prison terms for traffickers. But until they deal with the ‘Johns’ on the demand side, it’s not going to stop,” she added.

To learn more and to help in Contra Costa County visit www.pillarsofhope.us.

May be lower, now with no additional officers in this or next years’ budgets, and department down to as low as 88 active sworn; will be presented during council meeting Tuesday night; provides incorrect information as to intent of measure

By Allen D. Payton

At the beginning of Tuesday night’s Antioch City Council meeting, the Sales Tax Citizen’s Oversight Committee for Measures C and W will present their 8th Annual Report on the revenue and expenditures of the current 1% sales tax approved by the voters in November 2018. The report is for the city’s Fiscal Year 2020/21 which ended last June 30. Measure W Sales Tax COC 8th Annual Report ACC032222

The report shows a total of $15,624,254 was spent on police for 80.18% of the funds from Measure W. However, since no funding for additional officers was included in this or next year’s budgets, that figure could now be less.

What is written on the Committee Observation page of the report is incomplete. It reads, “The intent of Measure W extends Measure C, voter-approved sales tax at the one-cent rate to increase investment in code enforcement, clean up blight, road repairs, support youth and senior services, and attract new business and jobs to Antioch” and cites the source for their information as the Measure W page on the city’s website – www.antiochca.gov/community/measure-w-voter-information/.

But that fails to mention the intent was, first “Continuing to maintain 911 police response and restore the number of police officers patrolling City streets” as written on that webpage. Further, it ignores the first priority is “to provide for public safety and 911 service” written in the resolution, for which a link is provided on that page, and adopted by the city council, that was necessary to place the measure on the ballot. Finally, that comment also fails to mention the ballot language provided in the documents labeled “Ordinance” on that page, which reads, “To maintain Antioch’s fiscal stability, police patrols, 911 response…”

The presentation slide does mention police by including, “80.18% of Measure W funds are allocated to Antioch Police Department.”

While the one slide that includes the Staff Report FY 21 shows no net gain or less of sworn officers for the police department, the current active staffing is down to 88 sworn officers as of two weeks ago. Mayor Lamar Thorpe continues to ignore calls from three other council members to place the hiring of additional sworn police officers on a council agenda.

The report also shows most of the remaining $3.9 million in Measure W funds were spent on Code Enforcement at $1,587,420 and Recreation at $1,547,869.

The regular council meeting begins at 7:00 p.m. and will be held in the Council Chambers at City Hall located at 200 H Street in historic, downtown Rivertown. It can also be viewed live on Comcast channel 24, AT&T U-verse channel 99, or live stream at City Council Meeting LIVE – City of Antioch, California (antiochca.gov).  (See the complete meeting agenda.)

Occurred on 680 in Concord; apologizes in video, claims to have only had one drink; won’t answer questions; Ogorchock says Thorpe not “being a good example to our youth”

By Allen D. Payton

Embattled Antioch Mayor Lamar Thorpe, who is facing a possible recall, was arrested for driving under the influence at 1:27 AM this morning, Saturday, March 19, according to the Arrest Report / Unusual Incident – Press Release issued by CHP Public Information Officer Andrew Barclay. “It happened on 680 in Concord,” Barclay said. (See Arrest Report: Chp288B.THORPE)

The report reads, “On 3/19/22 at 1:15 am, CHP Contra Costa conducted an enforcement stop on a gray Volvo traveling on northbound I-680 near Monument Blvd.  The driver and only occupant of the Volvo was identified as Lamar Thorpe (4/6/1981).  The officers conducted a DUI investigation and Thorpe was arrested for driving under the influence of alcohol.  Thorpe was cited for violations 23152(a) VC and 23152(b) VC and released from custody at 3:35am.”

“As officers were investigating this incident there was an injury collision being investigated in the same area. These two incidents are completely unrelated.”

Barbanica First to Confirm Incident With CHP

Earlier Saturday, in response to reports of Thorpe’s arrest and rumors that he had an underage female passenger with him and that he was in the Martinez Detention Facility, Mayor Pro Tem Mike Barbanica contacted the CHP for verification and to determine if he had to step into the role of acting mayor.

“I just spoke with ranking CHP personnel who confirmed that an arrest was made of Antioch Mayor Lamar Thorpe for DUI who was cite released,” Barbanica informed the Herald. “There was no crash. There was no 17-year-old passenger. It was a standard enforcement stop. CHP will be issuing a press release later.”

Asked when it occurred and where, and what the Blood Alcohol Content was, Barbanica said he did not have that information. Asked for information on any other passenger Barbanica said, “I have no knowledge of any other passengers. But I was told specifically by a CHP administrator that the rumor of a 17-year-old passenger being in the car was incorrect.”

Barbanica later shared, “According to a CHP spokesman, Thorpe was arrested for 23152 (a) Misdemeanor DUI Under the Influence and 23152 (b) Blood Alcohol Content over a .08 and pursuant to their policy was cite released.”

Thorpe Not Booked, But Cited and Released to a “Responsible Party”, Car Towed

Asked if he was allowed to drive home, Barbanica, a retired Pittsburg Police Watch Commander/Lieutenant, said, “CHP usually releases them into someone’s custody.”

Asked if Thorpe was allowed to drive himself home, since he was released two hours after his arrest, CHP’s Barclay said, “We would never allow an impaired individual to drive themself home. They are released to a responsible party to drive the individual home.”

Asked if Thorpe was still with the CHP Officer on the side of the road at the time of his release or from where he was released, where he was booked, if Thorpe was taken to county jail, and if his car was impounded and towed from the scene, Barclay responded, “There was no booking. People we cite and release are not booked into county jail. He was transported to our office in Martinez for the chemical test and was released from there. The vehicle was towed from the scene. To be clear, that is not an impound, but a storage.”

Barbanica then stated that “it was common practice for the CHP to take a DUI suspect to their office or a nearby agency to administer a chemical test, either breath or blood. It was common practice when I was working as a Watch Commander.”

Asked which test, Barclay added Thorpe was administered a breath test.

Thorpe Apologizes in Facebook Video, Claims He Had Only One Drink

At about noon, today, Thorpe posted a video on his official mayor’s Facebook page about the arrest. While apparently reading from notes off-camera he said, “Good morning, Antioch. I wanted to come before you, today because I wanted to share some personal news with you. Last night, after having dinner with a friend, I was pulled over by the California Highway Patrol and cited for driving under the influence. For that I take full responsibility. Upon advice of counsel, I am limited in what I can share with you, but I felt it was important to be open and direct with you. Although I never felt inhibited by the drink I had with my dinner, I’m deeply sorry for the lapse in judgement, and I hope that you can forgive me. Being your mayor is one of the greatest honors of life and I am sorry if I have embarrassed you in any way. You have my full commitment that I will grow and learn from this moment and continue to work diligently on behalf of the residents of Antioch. Thank you for listening. Have a wonderful day.”

Most Questions for Thorpe Go Unanswered

The following questions were emailed to Thorpe at 10:32 AM Saturday, prior to the release of the arrest report, Barbanica’s information or the video: “Was it for alcohol or drugs? If it was for drinking what was your blood alcohol level? If for drugs, was it a prescription medication? If not, what was the drug or drugs you consumed? When and where did your arrest occur?

Did you remember telling the CHP Officer who arrested you that you’re the mayor of Antioch?

From and to where were you traveling at that time? Before getting in your car was anyone else with you who saw you inebriated and try to take your keys and prevent you from driving? Did anyone attempt to get you to use Uber or Lyft, instead?

Did you return home or go somewhere else following the arrest? How did you get there?

Will you be self-submitting to a DUI program and/or substance abuse counseling?

Do you have any comments you would like to provide in response? Would you like to make a public apology?”

At 11:42 AM Thorpe was asked about Barbanica calling on him to resign as mayor and if he had any response to it. Thorpe did not respond to either email, or to an attempt to reach him by phone as of 3:00 PM.

Barbanica Calls for Thorpe to Resign

In rspons to Thorpe’s arrest, Barbanica is calling on him to resign as mayor.

“What I feel, at this time is that we have serious business in the City of Antioch to deal with and we don’t need to be distracted by a DUI investigation of the mayor,” the mayor pro tem stated. “I do wish him the very best in dealing with this legal issue and anything else he’s dealing with, and I mean that. My hope is that he will step down and allow the rest of the council to focus on the issues of the city. I feel that he and everybody else has the right to due process. But I do believe he should deal with this issue separate from the city.”

Ogorchock Says Thorpe Not “Being a Good Example to Our Youth”

While not calling for Thorpe’s resignation, District 3 Councilwoman Lori Ogorchock said he’s not being a good example for the city’s youth.

“It’s unfortunate that Mayor Lamar Thorpe chose to drink and drive putting himself and others at risk. It shows a lapse in decision making, self-control and leadership,” she said. “He speaks to young people, wants them to follow him and participate in the city’s youth programs. An example is the Mayor’s Apprenticeship Program for youth that he’s introducing during the council meeting on Tuesday.”

“By his actions, I don’t believe Lamar is being a good example for our youth” Ogorchock added.

More Questions for Thorpe About Video Statements

Following review of Thorpe’s video, additional questions were emailed to him at 1:58 PM asking, “Were you really having dinner just prior to 1:27 AM when you were arrested? What time did you get to the restaurant? Did you really only have one drink in all that time that you were there? Is there anything you want to change about what you said in your video? Are there any other comments you want to add?”

He had not responded by publication time at 3:00 p.m.

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

Send letter to County Supervisors claiming, “Sheriff’s unwavering support for deputy who killed two people raises serious questions about his commitment to safety and accountability”

Instead of six years in prison for Andrew Hall “official Probation Department report recommended probation.”

“Contra Costa is not San Francisco or Los Angeles” – Sheriff Livingston

By Allen D. Payton

During campaign season, as both are facing re-election, an email was sent by Contra Costa County Sheriff David Livingston to his department staff on Friday, March 4, 2022, criticizing District Attorney Diana Becton and the judge for sentencing of former Deputy Andrew Hall to six years in prison for the shooting death of Laudemer Arboleda in 2018. (See related article)

In response, Becton and three other DA’s in the state who formed the Prosecutors Alliance of California are asking the County Supervisors “to increase external oversight of departmental misconduct” and for an audit of the sheriff’s department’s disciplinary practices. Formed in 2020, the Alliance is made up of four members, including the DA’s of San Francisco and L.A. Counties who are both currently facing possible recalls, and funded by Tides Advocacy, a social justice and welfare organization.

Sheriff Livingston’s email:

“Today is a sad day for the Sheriff’s Office, the community we serve, and law enforcement in general.  This morning superior court judge Terri Mockler sentenced Andrew Hall to six years in state prison. This is an unusually long sentence by any measure especially since the official Probation Department report recommended probation.  Since this is a felony conviction, California law requires that he no longer serve as a peace officer.  We are compelled to give him a reluctant farewell.

During his years of service, he served with honor and distinction.  He handled thousands of calls for service, as many of you have, and was well received by the citizens of our county.   After an extensive internal investigation, he was found to be within departmental policy when he was forced to use deadly force to protect himself and others on that fateful day.  I was proud to support him publicly and privately after the events of November 3, 2018, and I support him today.

For our district attorney to charge a deputy sheriff, or any peace officer, for a crime based on a split-second tactical decision is abhorrent.  It is even more abhorrent for that same district attorney to later repost photos on her reelection campaign social media that show her smiling and proclaiming that she “charged the officer.”

Despite these odd times, please remember I appreciate the work all of you do; I respect your sacrifice and commitment to the community we serve, and most importantly, I have your back.  I may not be able to impact the decisions of other elected officials, or the courts, but I definitely can impact what happens in our organization.  Do your job with honor, follow department policies, and obey the law.  If you do that, I will proudly stand with you – regardless of your job assignment, your rank, or your duties.  Never forget that and never doubt that.

I’m proud to be your Sheriff, and I thank you all.

David Livingston

Sheriff-Coroner”

Prosecutors Alliance Chides Livingston, Asks Supervisors for Oversight, Audit

On Monday, March 14, in a letter to the Contra Costa County Board of Supervisors, the Prosecutors Alliance of California asked for an audit of the disciplinary practices in Sheriff Livingston’s department and to increase external oversight of departmental misconduct. Recent remarks made by Sheriff David Livingston suggest he believes his deputies are above the law, raising serious concerns over the legitimacy of an Internal Affairs investigation into former Deputy Andrew Hall and how the Sheriff is disciplining officers who abuse their authority.

“Sheriff Livingston’s comments are abhorrent and indicate his belief that deputies who kill are above the law,” said Cristine Soto DeBerry, Founder and Executive Director of the Prosecutors Alliance of California. “Police have wide latitude to use force, but when they unnecessarily kill they must be held accountable just like anyone else in our community.  When we do not hold police accountable, people do not trust the legal system to protect them. That makes the job of policing more difficult and dangerous, and it makes it far less likely that crimes will be reported. That, in turn, poses a threat to everyone’s safety.

“District Attorney Diana Becton’s willingness to hold law enforcement accountable is the only check on an agency whose leader would otherwise grant his deputies unbridled power to kill with impunity. Sheriff Livingston took an oath to seek equal justice under the law and his remarks are an affront to that sworn commitment. These are not the words of a law enforcement leader, they’re the words of a man that believes accountability does not extend to police.”

Last week, a judge sentenced Deputy Andrew Hall to state prison after a jury convicted him for the 2018 shooting and killing of Laudemer Arboleda, an unarmed man having a mental health episode. This was not Hall’s only killing – he shot and killed Tyrell Wilson in 2021. Contra Costa County has paid $9.4 million to settle claims regarding former Sheriff’s deputy Andrew Hall. The County agreed to a $4.9 million settlement with Arboleda’s family last October in addition to a $4.5 million settlement with Tryell Wilson’s family.

In response to the verdict, Sheriff Livinston sent a department wide letter saying former Sheriff’s Deputy Andrew Hall served with “honor and distinction,” that Hall “was forced to use deadly force to protect himself that day,” and noted that an internal affairs investigation had cleared Hall. Livingston called DA Becton’s decision to charge former Deputy Hall “abhorrent,” and told his deputies, “I have your back.”

In an email to the Board of Supervisors today, Cristine DeBerry sounded the alarm, noting that, “the fact that [Internal Affairs] cleared former Deputy Hall is concerning.  If Department policy allows Sheriff’s Deputies to use force in contravention of the law, that would set up a situation wherein Deputies are being trained to use force in a manner that conflicts with criminal law. That presents serious issues for law enforcement officers, public safety, and county liability.  Alternatively, if the Sheriff is clearing deputies in cases where their use of force was criminal, that too raises serious questions about the Sheriff’s commitment to public safety and accountability.”

The Board of Supervisors can help restore trust by increasing oversight over the Sheriff’s Department, and by auditing the department’s disciplinary policies. These are critical steps to help the public understand the scope of law enforcement misconduct and to develop policies to increase accountability.

“DA Becton courageously charged Officer Hall with the death of Mr. Arboleda, a jury convicted him, and a judge sentenced him to prison,” said Cristine DeBerry. “Sheriff Livingston should accept the jury’s verdict and look at ways to reduce the use of unnecessary force by his deputies rather than question the prosecutor’s decision to bring charges and defiantly proclaim to ‘have the back’ of officers where a jury has determined the force to be criminal.”

A question was sent Thursday evening to the Alliance’s media contact asking if they had received any response, yet from the Board of Supervisors.

Livingston Responds to Alliance Letter

“The so-called ‘Prosecutors Alliance’ committee is made up of only four of the 58 DAs in the state,” Livingston responded. “Contra Costa is not San Francisco or Los Angeles where two of their far-leftwing founding members serve. Instead of playing politics here, they should do their job and prosecute offenders and start caring about crime victims for once.”

Both Livingston is facing one opponent in the June Primary Election, while Becton is facing two. If no candidate receives a majority of the vote, then the top two candidates will face off in the November General Election.

Please check back for any updates to this report.

Dude, that’s an island!

By Antioch Police Department

Shortly after 8:00 pm, Tuesday, March 15, 2022, Antioch Police Officer Marques and Sergeant Rose attempted to stop a stolen vehicle on Highway 4, but the driver decided to test his luck with our powerful radios and a CHP helicopter.

We passed this chase off to CHP near Willow Pass Road, and our speed demon auto thief decided to continue driving all the way to the City of Alameda. Thanks to amazing work by CHP – specifically the crew of Helicopter 32 (H32) – officers were able to pull back on the ground and wait for the car to stop, at which point they swooped in for the arrest.

We are happy to report there were no crashes or injuries, and a grateful vehicle owner will be getting their car back. APD will be coordinating with CHP to book the driver for a list of charges including felony evading and auto theft.

We are grateful for the assistance provided to us time and again by CHP – Golden Gate Division Air Operations. We would also like to thank CHP officers from CHP – Contra Costa and CHP – Oakland. This is a great example of law enforcement agencies working together, coordinating, and using resources to minimize risk to the public we serve.

By Strategic Communications Officer Darryl Saffold, Antioch Police Investigations Bureau

ANTIOCH, CA. On Sunday, March 13, 2022, at approximately 3:06 AM, Antioch Police Department Dispatch began to receive reports of a major injury collision in the area of Hillcrest Avenue and Laurel Road, in which a vehicle collided into a tree. According to witnesses, the vehicle’s sole occupant was described as being in critical condition.

At approximately 3:13 AM, Antioch Officers arrived in the area of the collision and noticed that the female driver, in her early 20s, was unresponsive and displayed no signs of life. Regrettably, the female succumbed to her injuries and was pronounced deceased by the Contra Costa County Fire Department (Con Fire) at the scene. Due to the extent of damage to the vehicle, officers could not extract the female without Con Fire and America Medical Response assistance.

The Antioch Police Department Traffic Investigation Unit was notified and responded to the scene to take over the investigation.

This is an ongoing and active investigation, and no further information will be released at this time.

Additional inquiries or information can be directed to Officer Blumberg at (925) 779-6900, ext. 85444 or fblumberg@antiochca.gov. Anonymous tips or information about this – or any other incident – can be sent via text to 274637 (CRIMES) with the keyword ANTIOCH.