Claim they’re privileged and “exempt from disclosure at this time”; DA says they’re evidence

Torres-Walker surprised by misdemeanor charge for interfering with police, denies bullet casings found on her property

“There were multiple shell casings that were located in the street directly in front of Councilwoman Torres-Walker’s residence.” APD Captain Schnitzius

By Allen Payton

In response to a Public Records Act (PRA) request for copies of the police officer body and vehicle dash cam videos of the October 2, 2021 incident at Antioch District 1 Councilwoman Tamisha Torres-Walker’s home, Interim Antioch Police Chief Tony Morefield said his department won’t release them because at this time as they are privileged. In addition, Captain Trevor Schnitzius said the Contra Costa DA’s office says the reason is they are evidence. (See related article)

The request was made on Oct. 4, 2021 in an email to the then-acting chief and City Attorney Thomas Lloyd Smith. It was sent, again on Oct. 6 and included City Manager Ron Bernal asking, “When will a press release be issued about this very serious incident? Also, how soon can the police body and dash cam videos be released? I know it’s new technology for our city, but how quickly can that happen?”

In response to that email that same day, Bernal wrote, “Thanks for the info Tony. I have a call into Rolando to discuss this and a couple of other things. I expect to have something to discuss by our 4:00 pm meeting today,” referring to the City’s public information officer, Rolando Bonilla.

But no press release was issued by the City, at that time, nor since.

Then on Oct. 10, APD Police Records Supervisor Lynn Dansie said the incident was still under investigation and the videos would not be released but, provided some details of what occurred, as previously reported. (See related article)

“The Antioch Police Department is in receipt of your recent Public Records Act request for body camera footage and dash camera footage of a recent incident that resulted in case #21-8418, involving a local Councilwoman. Because this is an active investigation and still considered to be an open case, the records that may be responsive to your request are being denied for release under GC 6254(f), GC 6254(k) and GC 6255(a), at this time,” she wrote.”

“A press release is not planned to be released,” Dansie continued. “As described in GC 6254(f)(2), the following details regarding the call, are available. Officers responded to the 500 block of Gary Ave on October 3, 2021 at 0027 hrs, for a report of a loud party and shots heard, in the area.  There were no victims, no injuries, and no property loss determined at the time of officers [sic] arrival.  As mentioned, this is an open and continuing investigation at this time.”

In a follow up email sent Monday, Nov. 8, asking when the body and dash cam videos will be available, if the investigation has been completed and if not, when expected it to be.

DA Charges Torres-Walker for Interfering with Police

Finally, on Tuesday, Nov. 9, another email was sent to Morefield asking, again for the videos. Referring to an East County Today news report about Torres-Walker being charged by the Contra Costa DA with a misdemeanor for her actions during the incident, the interim chief was asked, “Now that it’s out, will you please send out a press release about it to the rest of the media and release the dash and body cam footage to all of us?”

Denial Letter Received Nov. 9

In a letter to the Herald received Nov. 9, Morefield wrote, “The City…has concluded that” the videos “are statutorily exempt from disclosure at this time.” His letter then cited several state government codes supporting the decision.

Torres-Walker Surprised by Charge, Denies Bullet Casings on Her Property

On Nov. 10 KTVU FOX2 reported Councilwoman Torres-Walker said she was surprised to be charged by the District Attorney’s office and denied there were any bullet shell casings on her property.

Additional Questions for Antioch Police

Questions were then sent to Morefield about his decision asking, “why are the dash and body cam videos of the incident at Councilwoman Torres-Walker’s home privileged? I don’t understand and most likely neither will the public. Won’t you be able to say that about all of the dash and body cam videos the department acquires of all incidents? If not, what makes this one special? Because it involves a councilwoman? Or because she was only charged with a misdemeanor?

In addition, he was asked, “when will a press release about what occurred that night and the charges against her be sent? Don’t you agree the public has a right to know what their elected officials do that is illegal, especially when it involves gunshots at their house?”

Regarding the videos being statutorily exempt from disclosure at this time, Morefield was asked why and if it’s because the prosecution of Councilwoman Torres-Walker is underway. He was also asked if it also means the videos will eventually be released, possibly once the prosecution is completed.

APD Responds: Bullet Casings Located Street in Front of Torres-Walker’s Home; DA: Video is Evidence

In an email response on Nov. 22, Captain Trevor Schnitzius wrote, “With respect to Councilwoman Torres-Walker, we understand PRA and the balancing test of public interest vs. right to privacy as well as other provisions within PRA.  In this instance, we have reached out to Simon O’Connell from the CCC DA’s office regarding yours and others request.  It has been our position, and also the position of the CCC District Attorney’s Office that this particular video is and continues to be evidence.  Upon our inquiry with the DA’s office, they also advised our agency the release of this video prior to a trial could be detrimental to the prosecution of the pending criminal case.  Regarding your inquiry as to whether or not Councilwoman Torres-Walker was arrested/cited, any information with regards to this cannot be released.  After a period of 30 days any arrest information becomes local criminal history and is not subject to release pursuant to PC 1330.  This advisement is not to be construed as to indicate an arrest was made/not made in this particular case.”

In addition, Schnitzius wrote, “The one bit of information I can provide (public interest outweighs privacy) is in reference to your inquiry regarding shell casings.  There were multiple shell casings that were located in the street directly in front of Councilwoman Torres-Walker’s residence.”

Former mayors and council members said they had never done that; Thorpe accused of “grandstanding”; Councilman Barbanica was asked if he wanted to tour it too but declined

By Allen Payton

While the media and public continued to wait for additional information about Friday’s almost seven-hour standoff with a shooter that ended in his death, on Saturday, Antioch Mayor Lamar Thorpe, who is facing a potential recall, toured the crime scene where the incident occurred, and the shooter’s house burned. The mayor passed inside the yellow police line and took photos of the scene. Thorpe later published them on his official Facebook page along with information about the incident that Interim Antioch Police Chief Tony Morefield shared with him but had yet to be released to the public either by Morefield or the City’s Public Information Officer (PIO) Rolando Bonilla.

The media has been asking and waiting for any updates to the incident since it ended about 7:30 p.m.Friday, to provide to the public, including this reporter who had been pressing for it on Friday, Saturday night and Sunday morning. The only information shared with the media was during a hastily called meeting after the incident was over, at which an officer spoke to the on-scene media. But neither the Antioch Police Department nor Bonilla would share that same information with the media that didn’t make it there within the seven minutes between the time the announcement posted on the APD social media accounts and when it was to occur. Since Friday night, Bonilla has consistently told the Herald and other media, “As this is an on-going investigation, there is nothing more to report at this time. As soon as more information becomes available, it will be released.”

APD Statement to On-Scene Media

It was learned on Sunday that on their Facebook page, ABC7 News posted a video of the statement provided to the on-scene media by APD Officer Darryl Saffold in which he said, “When officers arrived on scene, it was confirmed the suspect was armed with a rifle actively shooting at cars and houses. The suspect also shot down a police drone while residents were ordered to shelter in place and evacuated from the area. SWAT responded and over the course of several hours the suspect continued to shoot his rifle inside the house and outside at the direction of officers and other residents. Around 7:07 pm, the suspect appeared to have set fire to the inside of his garage that soon engulfed the house where he exited the house and was contacted by SWAT officers. After making contact with officers, they fired their weapons and the suspect was struck. Medical aid was rendered and the suspect was deemed deceased at the scene. As a result of the officer involved shooting, Contra Costa County law enforcement protocol was enacted.”

Barbanica Declines Invite to Tour Crime Scene

District 2 Councilman Mike Barbanica, a retired Pittsburg Police lieutenant, said he and his wife, who live nearby, stopped by the scene on Saturday and offered an officer on guard something to eat or drink, “knowing they have to be there for hours and having done that, before, myself.”

“I saw the mayor was there, inside the yellow police tape,” Barbanica continued. “The officer asked if I, too wanted to tour the crime scene. I told him ‘no’.” Then he and his wife left the area, the councilman added.

Asked for information he had learned from Morefield, Barbanica said, “the chief said everything will be released through Rolando.”

Thorpe’s Facebook Comments

In his Facebook post, Thorpe wrote, “Yesterday, the Antioch Police Department was involved in a 7 hour standoff with an individual shooting a rifle. Throughout the incident, Interim Chief Morefield kept me and my colleagues abreast of all matters.

Today, Chief Morefield provided me a detailed briefing and I had the opportunity survey the scene. Please note, this area is still closed to the public, please stay away until further notice. This matter is an active investigation so my comments are limited.

While an unusual situation, please know that yesterday’s standoff was extremely dangerous for everyone especially police officers. We are very fortunate that no one else was seriously hurt or lost their life.

I want to express my appreciation to the women and men of the Antioch Police Department for their exceptional work last night as well as the other law enforcement agencies who provided mutual assistance like Bentwood, Oakley, Pittsburg, Contra Costa County Sheriff’s Dept, FBI and others.”

Former Antioch Mayors and Council Members Respond

Asked if she had ever toured an active crime scene during her terms on the Antioch City Council, former mayor Mary Rocha said, “No. I’ll tell you when I was mayor, I was here in my house when the two little Viramontes girls were killed in the house nearby. The police didn’t even tell me, they just escorted me out of my house while they were dealing with the incident. They didn’t even want us near it. They kept us away.”

“I went to the hospital where the mother and grandmother were,” she continued. “I wouldn’t have even thought of going to the crime scene.”

When asked the same question former mayor Jim Davis responded, “No. Never! Not my place. I always left it up to the trained professionals. I always kept in the communication loop so I could properly and correctly respond to the media. Never in my wildest dreams would I tour a crime scene.”

“Mr. Mayor has been watching too many TV cop shows,” he added.

Former two-term Antioch Mayor Don Freitas agreed with Rocha and Davis. To the same question he responded, “Absolutely not! My appearance would have only complicated matters. The mayor has no reason to interfere with the police investigation. None. The mayor has absolutely no business being at an active crime scene. He should not cross the tape. He could contaminate the scene. With his presence it could cause the police to be distracted. When they’re finished the police will brief the council.”

“It’s just not appropriate,” Freitas continued. “He could actually compromise the whole investigation and if there is criminal action and this would go to court the posting could actually help the defense. The work of the police department is difficult enough they don’t need ambitious politicians to cause them more problems.”

“It’s an active investigation. Until it’s completed and professionally done, the information and photos should not be shared as it could contaminate the investigation,” Freitas added.

Former Antioch councilman and city clerk, Arne Simonsen, one of the proponents of Thorpe’s recall shared that he had “Never heard of anything like that being done before when a mayor was given a tour of a crime scene. Sounds like Thorpe is trying to score some points with the recall effort underway.”

When reached for comment former Antioch Mayor Pro Tem and Councilman Manny Soliz said, “no, I never did, myself nor ever heard of a former mayor or council member going to an active crime scene and grandstanding, like Lamar did.”

This reporter, also a former Antioch mayor pro tem and councilman never toured a crime scene while the police investigation was being conducted, nor afterwards.

Injured Antioch Community Service Officer

Thorpe’s Facebook post ended with him writing, “Unfortunately, we did have an injury of a community service officer who was providing traffic support. He was helicoptered to the emergency room but is expected to fully recover from his injuries. Let’s wish him a speedy recovery.”

Yet, when asked Saturday night about the injured CSO’s condition and if he was still in the hospital or had been released, Bonilla only responded with, “My understanding is that CSO was directing traffic during (the) incident. I do not have any updated information at this time.”

Questions for Mayor, Chief, PIO and City Manager Go Unanswered

Questions were emailed to Thorpe, Morefield, Bonilla and City Manager Ron Bernal Sunday morning asking “why would the mayor or anyone not involved in the investigation be allowed to enter the crime scene, past the yellow tape, to take photos and provide those to the public, potentially corrupting evidence? Is that proper for APD to give tours of crime scenes during an active investigation to council members or anyone not associated with the investigation?” As of 9:00 p.m. Sunday none of them had responded.

Contra Costa DA Shows Up at Crime Scene

An ABC7 News report that aired Saturday night offered additional information and video from the incident, which included comments from neighbors, with video from outside the yellow police tape. It showed Contra Costa District Attorney, who is running for re-election in next June’s primary, was also at the scene, yesterday. She said, “I understand a lot of rounds were fired. But we’re glad that it’s…we’re contained, here and so, now we’re just trying to follow up with the investigation.”

That report also quoted a neighbor saying the still unidentified shooter was in his 40’s.

 

Saturday, December 11, 2021 AT 6 PM – 10:00 PM

3732 Colonial Court in Antioch

With the help of our family and friends, we have been providing community outreach for over 25 years. Please help us continue our efforts this year! Items collected will be provided to the Antioch Police Department for the “Help for the Holidays” program that supports local families. We are collecting…

• New unwrapped toys
• Blankets
• Hats/Gloves/Scarves/Coats
• Gift Cards $$$$$ Antioch POA (VENMO ACCOUNT) @Holiday-Fooddrive – Notation for donation: DISNEY

Drive by and drop off between the hours of 6 pm to 10 pm. If you cannot come in person, please consider a monetary donation or if local, pick-up arrangements can be made. We truly appreciate your generosity for so many in need. THANK YOU!!!

For more information/details contact Kristen Vistalli 925-584-4966.

 

 

Male suspect back in custody as of Tuesday; female suspect out on bail; the other male suspect still in custody

By Allen Payton

The Contra Costa Sheriff’s Department revealed on Tuesday, Nov. 30 that, last week, they inadvertently released one of the suspects arrested for the organized retail theft at Nordstrom in Walnut Creek on Nov. 20. (See related article)

Sheriff David Livingston issued the following statement about it:

“On November 21, 2021, 32-year-old Joshua Underwood of San Francisco was booked into the Martinez Detention Facility (MDF) on charges that included robbery, conspiracy, and burglary. Due to a computer input error, Underwood was released on November 24, 2021. 
This afternoon, Underwood appeared in court for his arraignment. He was remanded into custody and is currently being held at MDF on the following charges: robbery, burglary, conspiracy, and organized retail theft. He is being held in lieu of $140,000 bail.

Regarding one of the others who was arrested, on Monday, the Sheriff issued the following statement about the case:

“On November 21, Dana Dawson was booked on the following charges: robbery, conspiracy, felon in possession of a firearm, concealed weapon in her vehicle, burglary, possession of stolen property, and possession of burglary tools. The DA’s Office filed robbery, conspiracy and burglary charges. Dawson was eligible for bail which was set at $190,000. She posted bail and was released on November 25.”

According to VineLink, the third suspect, Rodney Barone Robinson, age 19 of Oakland, is still in custody. His bail has been set at $160,000, said Jimmy Lee, Public Affairs Director for the Contra Costa Sheriff’s Office.

An ABC7 News report provides more details about the oversight by the Sheriff’s Office.

 

The current DA has been slow to respond to flash mob robberies, and once she responds, she’s ineffective. Given my 36 years of experience as a Contra Costa Deputy District Attorney, I know the District Attorney can do more. We need to implement these three steps immediately:

1. Convene a Bay Area-wide law enforcement response to track and apprehend suspects 

Contra Costa law enforcement agencies are partnered to provide mutual aid during emergency situations.  This “mutual aid” concept should be employed throughout the Bay Area to strategically shut down access routes for potential retail targets to intervene and prevent crime before it happens.

The investigative and technological expertise of this team will:

• Identify the criminal syndicates who organize the smash-and-grab robberies
• Intercept the “chatter” on social media planning these events
• Share information between law enforcement agencies to quickly locate and arrest perpetrators

The ideal team to coordinate this activity is the DA/FBI Safe Streets Task Force, comprised of local, state, and federal task force agents who are partnered with prosecutors assigned to the Community Violence Reduction Unit (a unit that I created in the Contra Costa District Attorney’s Office).

Given the violence involved and the value of the merchandise being stolen, the Task Force will collaborate with the U.S. Attorney’s Office to charge qualifying cases under the Hobbs Act and prosecute them in federal court.

The criminal syndicates committing the smash-and-grab robberies, as well as strings of residential burglaries in Contra Costa, are mobile and active in surrounding counties.  During the past four years, regional law enforcement agencies have done an impressive job of sharing information to identify the true scope of the criminality of these crews and to provide investigative support.  The information supplied by this well-coordinated network provided me with the evidence required to file multiple counts following very significant organized retail theft and residential robberies.  I worked with the Walnut Creek and Pleasant Hill Police Departments through the investigative challenges of the looting in 2020 and filed charges on a number of suspects.  As District Attorney, I will continue to support this allied inter-county effort.

2. Prevent the use of our freeways as crime corridors, deploy cameras 

Organized shoplifting gangs have been using the regional freeway system to quickly move between targets in neighboring law enforcement jurisdictions.  By the time an investigation starts at the first crime, the gang has moved on to loot another store in the next county.

Contra Costa’s Freeway Security Network has the technological capability to combat organized retail theft.  The Allied Freeway Agencies have received additional funding for the Network and direction to develop a plan to augment and expand the Network county-wide in order to provide technological leads in preventing and investigating criminal syndicates involved in the violent organized retail theft.

I am proud to have originated the creation of this freeway camera system to combat freeway shootings.  Since the network was installed, freeway shootings have been reduced by 90% in Contra Costa while remaining all too frequent in neighboring counties. I continue to work with law enforcement and elected leaders to propose that additional funding that Governor Newsom included in the state budget be used to incorporate additional technology to target organized retail theft into the Freeway Security Network.

3. Disrupt the use of social media as a key enabler of looting 

Organized retail theft would not exist without social media, which is the key element to planning and profiting from these crimes.

Looting is coordinated through social media 

Social media platforms provide the means of communication which allows criminals to conspire to commit take-over robberies. These platforms are directly aiding and abetting the commission of large-scale crimes, which may result in criminal liability for the social media platforms.  I will call on the social media platforms, as well as private communication platforms, to monitor and immediately report to law enforcement any communications planning a smash-and-grab robbery or the “fencing” of stolen property.

We must make it clear to technology companies that failure to monitor and report the coordination of criminal enterprise should not be a protected business activity and should instead be considered as aiding and abetting that crime.

Stolen goods are sold via online marketplaces 

If a market for the merchandise that is being stolen did not exist, the criminal syndicates would have no motive to steal.  While I am out talking with community members, most are surprised to learn that the merchandise that is stolen from CVS, Walgreens, Lululemon and the high-end retailers is often sold on the internet via OfferUp, LetGo, and the Facebook and Amazon Market Places.

As District Attorney, I will actively engage and educate our community members about the crime occurring in our county and ways we can work together to combat it, such as not buying merchandise off the internet that does not have a means of guaranteeing that it is not stolen merchandise.  I will also work with retail stores to modify their return/exchange policies to ensure that they are not accepting the return of their own stolen merchandise.

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About Mary Knox: Mary Knox was born and raised in Walnut Creek and has 36 years of experience advocating and fighting for victims, their families, and the larger community. She is a lead prosecutor in the Contra Costa County District Attorney’s office, who has prosecuted and won high profile cases against some of the most notorious criminals in county history. She has broken the chokehold that criminal gangs have had on the most disadvantaged communities and has engaged in meaningful violence reduction by instituting effective strategies to reduce crime and prosecute violent criminals. Learn more about Mary at maryknox4da.com

 

By Sergeant R. Hoffman #4515, Antioch Police Community Policing Bureau

On Sunday, Nov. 28, 2021 at approximately 2:55 am, Antioch Police officers located a vehicle taken in an Oakland carjacking driving on L Street near Sycamore Drive. Officers were notified that the suspects in this carjacking were armed with firearms.

The vehicle led officers on a pursuit through Antioch and into Oakley. Ultimately, the vehicle lost control on Main Street in Oakley and drove over the center median and collided into a decorative boulder in the Starbucks parking lot located in the 2100 block of Main Street. Officers located a male running from the vehicle and eventually apprehended him, with help from Oakley PD, after a lengthy search throughout the surrounding neighborhood. The apprehended subject was identified as a 13-year-old male from Concord.

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

By Corporal James Colley #4705, Antioch Police Field Services Division

On November 27, at approximately 8:36 pm, APD Officers responded to Walgreens, located at 3416 Deer Valley Road on a report of four subjects looting the store. Upon APD arrival, officers learned three Black male adults and one Black female adult, wearing COVID-19 style masks and hoodie-style sweatshirts, entered the store, and ran directly toward the cosmetic section. Once in the cosmetic section, the subjects used hammers to smash open the locked plexiglass cases and stole approximately $2,400-worth of products. No suspects were apprehended and there were no injuries reported by Walgreens staff.

The incident is described as grand theft.

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

As thieves turn to new tactics, Bay Area, San Joaquin County prosecutors form alliance to ensure accountability

By Bobbi Mauler, Executive Assistant, Contra Costa County Office of the District Attorney

Today, Nov. 24, 2021, Contra Costa District Attorney Diana Becton announced an alliance between Contra Costa, Alameda, San Francisco, Marin, San Mateo, Santa Clara and San Joaquin counties, law enforcement, and state agencies to combat the recent increase in organized retail theft. Each office has pledged a prosecutor to collaborate and participate in the joint effort. (See related article)

“Fencing and organized retail theft rings operate across jurisdictional boundaries,” said Contra Costa District Attorney Diana Becton. “As prosecutors, we must respond to the nature of these crimes and operate with our partners to more effectively meet this challenge. Those responsible for perpetuating these crimes are working together as a team, and to ensure accountability for their crimes, law enforcement needs to work together as a team too. These caught and arrested will be prosecuted to the full extent of the law.”

“Organized retail theft has adverse and costly impacts on business owners and consumers alike,” said San Joaquin District Attorney Tori Verber Salazar. “Through a partnership with our neighboring counties, we will hold all parties accountable, including fencing rings and individuals who purchase stolen goods. We commend Governor Newsom and Attorney General Bonta for taking organized retail theft seriously and we implore the community to report suspicious resell activity to assist law enforcement’s efforts in tracking organized retail theft rings.”

While police work to strengthen investigations and collaborations across jurisdictional boundaries, prosecutors’ offices similarly can better ensure accountability through information sharing. The partnership between counties and local agencies would allow for the sharing of information through data collection, crime analytics, as well as pooled investigative tools to successfully prosecute those involved with organized retail theft schemes. In addition to the shared resources between counties, the District Attorney’s Offices would continue to collaborate with their local retailers and State Representatives to ensure statues that cover organized theft rings are enforceable and improve safety for consumers.

“Retail theft crimes are affecting all counties in the Bay Area as well as across the nation.  Collaboration and shared strategies with neighboring prosecutors and law enforcement partners are critical to both preventing and responding to organized retail theft,” said San Francisco District Attorney Chesa Boudin.  “This alliance of prosecutors is committed to developing strategies to combat these organized crimes.  Together, we are determined to stop those who participate in organized retail theft, including by dismantling the fencing networks that make this type of crime profitable.”

“The recent premeditated retail theft mob action in multiple cities across Northern California is intolerable and will not be accepted by District Attorneys, law enforcement officials and our community members,” said San Mateo District Attorney Steve Wagstaffe.  “Anyone caught engaging in such criminal conduct should expect to find themselves facing prosecution, conviction and incarceration. There is no leniency for such behavior.”

“The recent acts of retail thefts, robberies and mass-mob burglaries throughout Northern California will not be tolerated. These are clearly carefully orchestrated crimes, working together in large groups to create a mob-like mentality,” said Alameda County District Attorney Nancy O’Malley. They are instilling fear in merchants, customers, and the wider community. This is especially appalling at a time where many are out and about during the holiday season. Be assured that those caught and arrested will be prosecuted to the full extent of the law.”

“California has seen shifts in crime trends and tactics, and Bay Area prosecutors are forming this partnership to meet the moment,” said Cristine DeBerry, Executive Director of the Prosecutors Alliance of California.  “Partnerships like these reflect the need to implement modern solutions to modern problems. These crimes happen quickly, and they may not be caught in the act.  Through information sharing and coordination, there will be greater likelihood of arrests and accountability than everyone working in isolation.”