By Antioch Police Strategic Communications Officer Darryl Saffold

A male walked into an area hospital with multiple gunshot wounds at approximately 1:50 AM Sunday, March 13, 2022.

The subject had multiple gunshot wounds upon arrival at the hospital and was uncooperative with officers who attempted to obtain a statement. Due to the injuries, the subject was later transported to another hospital. the subject did not have life threatening injuries.

The victim was described as a 36-year-old man who is believed to be a resident of Antioch.

A possible crime scene was located in the area of Lone Tree Way in front of Sutter Delta near Clayburn where officers located more than a dozen casings.

No suspects have been identified. It is unclear if anyone else sustained injuries in the shooting or what contributed to the shots fired Sunday morning.

Suspect up on the roof talked down by officer

By Darryl Saffold, Antioch Police Strategic Communications Officer

On Sunday, March 6, 2022, at 8:30 AM, Antioch Police officers responded to a report of a disturbance in the 1200 block of W. 7th Street. Upon arrival the officers encountered Todd Richard Allen (31) of Antioch who had a felony warrant for his arrest.

He was wanted for a previous assault that occurred on Wed., March 2.

De-escalation is the process of reducing tension during an intense conflict, emphasizing cooperation and understanding. When faced with rapidly evolving situations, your officers always approach them intending to achieve a peaceful resolution. In doing so, we evaluate safety conditions as well as cater our actions to the most reasonable response.

Over the weekend, such an encounter occurred.

While engaging a subject with a warrant for a violent felony, officers attempted to take him into custody while he was in the commission of a separate crime. The subject climbed on the roof of his house to avoid being taken into custody.

After an hour-long standoff, Officer Mulholland was able to build a rapport with the subject and convinced him to get off the roof so he could be taken into custody. The subject was safely arrested, thanks to Officer Mulholland’s ability to de-escalate the situation. (See drone video – sound on)

Allen was booked into the Martinez Detention Facility that day.

Antioch Police Officers are up to date with industry best practices and training so they can better serve our community.

Special thanks to the Concord Police Department and the Antioch UAV, CNT, and SWAT team members that were on the scene to assist with this incident.  A Concord PD K9 assisted but was not deployed.

WE ARE HIRING, JOIN OUR TEAM TODAY!

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By Darryl Saffold, Strategic Communications Officer, Antioch Police Department

On some occasions, we use drones to help us locate the vehicles that do not belong to the people that are driving them. (See videos here and here)

Other times we have a guardian angel that assists in our efforts, also known as the Contra Costa County Sherriff’s Office Air Support Unit (honorable mention to the California Highway Patrol’s Air Operations Unit).

The STARR (Sheriff’s Tactical Airborne Reconnaissance and Rescue) is a support helicopter that provides critical assistance to patrol personnel during a variety of calls for service to include pursuits of fleeing suspects, searches for criminal suspects, search and rescue missions, transport and deployment of tactical teams, crime scene photography, and aerial surveillance and reconnaissance.

On Friday, Feb. 25, 2022, STARR 3 was in the air and just happened to be searching for the same stolen vehicle as your officers. With the assistance of the whirlybird, the stolen vehicle was located in the area of A and 18th Streets, and Wilbur Avenue. The driver was detained, and the vehicle was returned to its rightful owner. (See partial incident video)

The detained subjects were Jeremy Nading (42) and Sheila Becraft. Both subjects are from Antioch. Charges are to be filed with the DA’s office.

We often team up with our law enforcement partners and are extremely appreciative of these partnerships. As the saying goes, “Teamwork makes the dream work.” Thanks, STARR 3.

APD issues warning to public about fentanyl – don’t touch or approach, call 911

By Antioch Police Department

Fentanyl is one of the most dangerous synthetic drugs currently in circulation. According to the DEA, Fentanyl is a synthetic opioid drug that is approximately 100 times more potent than morphine and 50 times more potent than heroin. More recently, there has been a re-emergence of trafficking, distribution, and abuse of illicitly produced fentanyl and fentanyl analogues with an associated dramatic increase in overdose fatalities, ranging from 2,666 in 2011 to 31,335 in 2018.

Thursday evening, Officer Marques was conducting a patrol of the Executive Inn on E. 18th Street when he noticed a subject sleeping in the front seat of the car with the vehicle running. Conducting a welfare check on the subject, Officer Marques developed probable cause to search the vehicle and located a loaded un-serialized firearm in plain view. In addition to the numerous firearms violations, the subject was a convicted felon and was not able to have a firearm, let alone one that did not have a serial number associated with it.

During a subsequent search of the vehicle, Officer Marques located approximately 23g of suspected illegal narcotics, including what was believed to be fentanyl. In fact, the subject warned Officer Marques of the fentanyl, knowing how dangerous and potentially fatal the substance can be. Needless to say, the narcotics were confiscated, and the subject was transported to the county jail in Martinez.

Illegal fentanyl is sold in the following forms: as a powder, dropped on blotter paper-like small candies, in eye droppers or nasal sprays, or made into pills that look like real prescription opioids. In the event anyone encounters a substance believed to be fentanyl, please DO NOT TOUCH IT OR APPROACH IT and immediately dial 911. Drug Fact Sheet: Fentanyl (dea.gov) Fentanyl-2020-Fact Sheet DOJ DEA

City attorney claims that caused him to “believe that the investigation of the complaint by Tamisha Torres-Walker has been compromised”

Only three emails released, city won’t release others or give Brooks opportunity to respond, defend himself against accusations

Reveal possible internal power struggle between Brooks, Smith

Only two council members, city clerk deny releasing emails; Barbanica wants investigation into leaks, disciplinary action; city attorney won’t say consequences for releasing them

By Allen D. Payton

As of Thursday, Feb. 24, portions of email conversations between former Antioch Police Chief Tammany Brooks and outside investigator Vida Thomas, on which City Attorney Thomas Lloyd Smith was copied, and from Smith to the city council, regarding the investigation on the claim by District 1 Councilwoman Tamisha Torres-Walker against the police officers involved in the incident with her sons in December 2020, were made public. The incident, as previously reported, involved her 13-year-old and adult sons illegally riding an offroad dirt bike and quad on city streets, and the councilwoman’s interaction with the officers who pursued both and stopped her younger son, after her adult son fled the scene, went home and returned with his mother. (See related article)

The email exchange is about the draft report by Ms. Thomas, an attorney with Oppenheimer Investigations Group (OIG), hired to provide an independent investigation of the incident, and claims by Torres-Walker that Officer Calvin Prieto “behaved in an ‘uncivil, disorderly or unprofessional manner” towards Ms. Walker, in violation of APD Policy 1001.3.4(a).” Emails TLSmith VThomas, TBrooks 09-21

Her use of the term “uncivil” was based on the dictionary definition, not that used by the Antioch Police Department.

Antioch resident Frank Sterling said he obtained the emails in his capacity as a reporter for KPFA radio but wouldn’t say how or from whom. Asked if he had received any additional emails between Brooks, Smith and Thomas, Sterling responded, “that’s it.”

As previously reported last October, Torres-Walker claimed city attorney Smith told all council members Brooks interfered with the investigation. (See related article)

Incomplete Email Record

The emails are incomplete as they don’t show all the communications between Brooks, Smith and Ms. Thomas about the investigation. Only three emails were released, and the city refuses to release the others or give Brooks the opportunity to respond and defend the accusations against him.

Reveal Possible Power Struggle Between Brooks, Smith

According to the email from Ms. Thomas, she claimed “persistent disagreements” between Brooks and Smith over who Oppenheimer’s client was, the police chief or city attorney, that “created some tension between the two”.

However, Brooks responded to her, “It is my understanding that OIG’s client was neither myself nor the city attorney, but instead was ‘the City of Antioch’” and “which should make…who is OIG’s client irrelevant to your findings

Questions for City Attorney, Torres-Walker, Other Council Members, City Staff

The following questions were sent Thursday afternoon, Feb. 24, 2022, to Smith, Torres-Walker, and copying Interim City Manager Con Johnson, Interim Police Chief Tony Morefield, the other four council members and Brooks asking, “what date was your email sent to the council, please, Thomas?

How did providing the correct definition of a term used by both the APD and outside investigator to ensure its proper application cause Brooks to compromise the investigation? Did he tell Ms. Thomas to change her investigation report or merely ask her questions about her draft?

Thomas, did you see the previous email communications between Brooks and Vida Thomas? Or did you just not read them and discovered the final report was different from the draft report which caught you by surprise? Did you challenge Brooks and/or Ms. Thomas after reading their previous communications which, according to her email, you both were copied on? Also, for Thomas and Tamisha, did you two have any communication about the draft report prior to the final report being issued? If so, please provide any and all email, handwritten or typed, or details of verbal communications about the draft and/or final reports.

Is it wrong for the police chief to question anything in any report about the conduct of his officers, whether it’s internally developed or from an outside investigator, especially if it’s merely challenging the use of the definition of a term and how it’s applied by the department?

Now that these emails are public, will you, the interim city manager and interim police chief release the rest of the emails between you, Brooks and Ms. Thomas regarding the outside investigation the councilwoman requested, so that our former police chief is free to defend the accusations against him? Also, so the public can see the other issue upon which Thomas Smith’s belief that the investigation was compromised?”

City Attorney Smith was also asked, “how does the issue mentioned in these emails rise to the level of Brooks compromising the investigation? Or is it the other issue that’s not included in these emails that caused you to have that belief? If so or if not, what is that other issue, please?

Who would it possibly harm if the other related emails are released? If you claim it’s the two officers involved in the incident who are now suing the City and Councilwoman Torres-Walker, let’s ask them if they mind the emails being released.”

The following questions were sent to Attorney Smith both Thursday and Friday, Feb. 24 and 25, 2022 and Interim Chief Tony Morefield on Friday: “Has another outside investigator been hired for the investigation into the police incident with Councilwoman Torres-Walker’s sons riding their dirt bikes on city streets? If so, when did that occur and is that investigation completed? If not, is that currently ongoing? If not, do you still plan to hire another outside investigator in the matter?” (See related article)

The questions were resent at 12:03 PM, Thursday, March 3 and included City Clerk Ellie Householder and Public Information Officer Rolando Bonilla providing information from previous reports by the Herald and with the additional question asking, “Which one of you released/provided/emailed a copy of the attached emails to either Frank Sterling, Lacey Brown/Ferguson or another member of the public? Lacey mentioned it in an Oct. 5, 2021, Facebook post that I reported on in an article published on Oct. 8, 2021 – Antioch councilwoman claims city attorney told all council members former police chief interfered with investigation of December incident with her sons | Antioch Herald

She claims it was from a Public Records Act request. But I find that doubtful.

However, if that’s true, then why wasn’t it shared with the Herald, as I made the PRA last fall for the emails between APD, the City and Oppenheimer and was denied my request. – Antioch city staff won’t respond to questions on councilwoman’s claims of interference by former police chief in investigation of her sons’ and her 2020 incident with police | Antioch Herald

As asked last fall but not responded to, is it a violation of state law? What are the consequences for doing so? Since Councilwoman Torres-Walker publicly mentioned the email between City Attorney Smith and the council, was that a violation of attorney client privilege? Was it a violation of state law?

If so, what are the potential repercussions against her? Does it require former Chief Brooks to sue her and the city for violating his rights? Also, has the second investigation begun and if so, who was hired to do that? If there was one, has it been completed and are the results different than the draft or final reports in the first investigation?”

Barbanica, Ogorchock, Householder Say They Didn’t Release the Emails, Barbanica Wants Person Who Did Disciplined

In response Barbanica called and asked where the Herald obtained the copy of the emails. He later said, “I reached out to the city attorney, and I encouraged the city staff to go into the server and see if they could determine where those came from based on everybody that had them. And if, in fact they could determine where they came from to take appropriate disciplinary action.”

“This is an ongoing litigation and releasing anything from it is improper,” Barbanica continued. “I can’t release anything. I won’t release anything. I have encouraged the city attorney to investigate this and try to determine where they came from and to take appropriate disciplinary action against that person.

Ogorchock also responded by asking for the Herald’s source for the emails. She later denied releasing them saying, “no. I honored the attorney client privilege and the Brown Act, and closed session rules. I wouldn’t violate those. I’m pretty sure who did.”

Asked who she thought that was, Ogorchock wouldn’t say.

Householder responded, “the City Clerk’s Office did not receive (and thus, did not process) a request for those records. This does not mean they were not released by another office or individual, since the public can request records directly from departments.”

“Since there are employees who no longer work for the City of Antioch, I will forward your records request to the Information Services Department to specifically check those closed email accounts to see if they received and/or processed a request for that email,” she added.

No other responses were received as of Friday morning, March 4, 2022. A formal Public Records Act request was made for any and all emails from the council members’ and city clerk’s official email accounts to and from their personal email accounts and/or to members of the public between Sept. 10 and Oct. 5, 2021, which include any city documents or emails from City Attorney Thomas Lloyd Smith. The city has up to 10 days to respond.

Emails from City Attorney to Council Members, Between Brooks and Investigator

Following are the three emails including one from City Attorney Smith to the city council members which included two emails between Brooks and outside investigator Vida Thomas. No date was provided for the first one:

“Mayor Thorpe, Mayor Pro Tem Wilson and City Council Members,

I believe that the investigation of the complaint by Tamisha Torres-Walker has been compromised. Please see the email discussion below.

Thomas Lloyd Smith

City Attorney

————–

From: Vida Thomas <email address redacted by the Herald>

Sent: Friday, September 10, 2021 11:02 AM

To: Brooks, Tammany <tbrooks@antiochca.gov>; Smith, Thomas Lloyd

<TLSmith@antiochca.gov>

Subject: Concern about report finding

Hello, Chief Brooks and Mr. Smith.

It has come to my attention that there are concerns about one of the findings in my final report. Specifically, the finding concerning whether Officer Prieto behaved in an “uncivil, disorderly or unprofessional manner” towards Ms. Walker, in violation of APD Policy 1001.3.4(a). Because the finding in my draft report was different from the finding in my final report, I want to clarify the sequence of events leading up to my final finding.

My draft report contained a finding sustaining the allegation that Officer Prieto had behaved in an “uncivil” manner. As my draft report indicated, I reached this finding by applying the Oxford dictionary definition of “uncivil.” After reading my draft finding, Chief Brooks informed me of the APD’s interpretation of Policy 1001.3.4, which uses a higher standard than expressed by the dictionary definition of “uncivil.” I determined that Officer Prieto’s behavior did not violate this higher standard as articulated by the Chief.

Although I explained this reasoning in the final report, I did not explain that I believed that Officer Prieto’s behavior met the dictionary definition of “uncivil.” I would be happy to provide an addendum to the final report that includes this clarification.

This investigation was unique because there were persistent disagreements about who OIG’s client was: the Police Chief (with whom OIG executed the investigation contract) or the City Attorney (whose budget funded the investigation). As you both know, this created some tension between the two of you, which made it advisable that I include you both in all of my communications. I did not do that regarding this amended finding,

which I regret. However, at all times, I endeavored to conduct an impartial investigation, balance the apparently conflicting interests of the police department and the city attorney’s office, and reach findings that were driven by the evidence and nothing else. I believe I did that.

If either of you would like me to prepare and attach an addendum as described above to the final report, please let me know in writing, and I will be happy to provide it.

——————

From: Brooks, Tammany <tbrooks@antiochca.gov>

Sent: Monday, September 13, 2021 10:04 AM

To: ‘Vida Thomas’ <email address redacted by the Herald>; Smith, Thomas Lloyd

<TLSmith@antiochca.gov>

Subject: RE: Concern about report finding

Good morning Vida,

It is my understanding that OIG’s client was neither myself nor the city attorney, but instead was “the City of Antioch.” Additionally, the service requested was “to conduct an impartial investigation” into the matter, which should make the question as to who is OIG’s client irrelevant to your findings. I trust that your final work product is reflective of your contracted obligations, and as such do not need an addendum.

Thank you,”

Claim gender discrimination, hostile work environment, retaliation, defamation and more; “contemptible culture” at APD, “malicious campaign of vengeance” by Torres-Walker

City doesn’t issue response to lawsuit

Councilwoman unsure if she needs outside counsel or if city attorney will represent her, city attorney won’t say

By Allen D. Payton

On Dec. 28, 2021, Antioch Police Officers Andrea Rodriguez and Calvin Prieto filed a lawsuit against the City of Antioch, District 1 Councilwoman Tamisha Torres-Walker as an individual and unnamed Does 1-10 for gender discrimination, hostile work environment, retaliation, and defamation for how the Antioch Police Department has treated the officers and how the councilwoman treated them both following the Dec. 2020 incident in which they pursued and attempted to pull over two of her sons who were riding dirt bikes illegally on city streets. COMPLAINT-Rodriguez & Prieto v. City of Antioch & Torres-Walker

The officers were able to stop her younger son, who is a minor, but her adult son, Yomani Mapp, who was riding with his younger brother, fled from police, went home and brought the councilwoman back with him to the scene. It was during that exchange and Torres-Walker’s later video rant on her Facebook page that are the basis for the officers’ lawsuit.

As previously reported, he was later charged with evading the police by the Contra Costa District Attorney’s Office. Antioch Police submitted a felony charged against Mapp using Vehicle Code (VC) 2800.4, because he drove in the opposite direction while evading police. He could have faced six months to a year in jail or a fine of $1,000 to $10,000, or both. But Contra Costa DA Diana Becton reduced the charge to a misdemeanor using VC 2800.1(a) for just evading police and, if convicted, Mapp could face up to one year in jail. The filing with the court occurred on March 23, the same day Torres-Walker made a $500 contribution to Becton’s re-election committee, according to the DA’s campaign finance report. (See related articles here and here)

Officers Claim “Contemptible Culture” at APD, “Malicious Campaign of Vengeance” by Councilwoman

In their complaint, the officers claim, “Officer Rodriguez and Officer Prieto served their community as dedicated and honorable law enforcement officers for nearly a decade. Over the last two years, Plaintiffs’ (officers’) careers have been railroaded by the collision of two events: a contemptible culture of gender-based discrimination, harassment and retaliation at the Antioch Police Department”.  They also claim, “a malicious campaign of vengeance spearheaded by Defendant Torres-Walker.” The complaint states that her “conduct has been egregious that both Plaintiffs have been placed on stress leave as a result of the emotional distress they have suffered and continue to suffer, jeopardizing their livelihoods, law enforcement careers, and depriving the City of Antioch of two committed officers.”

The officers are requesting a jury trial for their case and for “general, special and compensatory damages; punitive and exemplary damages; civil penalties; pre-judgment interest; and attorneys’ fees and costs.

A case management conference is scheduled for May 17, 2022, at 8:30 AM in Department 21.

City Council Discussed Case in January

The case was discussed by the city council during a closed session meeting on Jan. 25, 2022. – Closed Session Agenda item 4. reads, “CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION – pursuant to California Government Code section 54956.9: Andrea Rodriguez and Calvin Prieto v. City of Antioch et al., Contra Costa County Superior Court Case Number C21-02687.”  But no reportable action was taken during the meeting.

Officers Represented by Civil Rights Attorneys

The officers are represented by three attorneys from the Dhillon Law Firm in San Francisco, including nationally known civil rights attorney Harmeet Dhillon, founder of the Center for American Liberty.

When reached for comment, one of the attorneys for the officers, Jesse Franklin-Murdock, wrote, “Officers Rodriguez and Prieto are hardworking and community-minded public servants. They served the City of Antioch with integrity and professionalism. Officer Rodriguez suffered gender-based discrimination and a hostile work environment at the Antioch Police Department, and both officers suffered retaliation after they opposed illegal, discriminatory practices at APD.”

“Councilmember Torres-Walker further defamed Officer Prieto by telling vicious lies about him in a profane video, and then sought professional retribution against him because her anti-police animus,” Franklin-Murdock continued. “Our office looks forward to seeking justice for both officers and sending a message to the City of Antioch that a culture of discrimination and retaliation cannot continue.”

“The action is indeed in the Martinez division,” the attorney shared. “The Case Management Conference is open to the public and members of the media. It is generally a routine scheduling conference where the court will set case deadlines.”

City Attorney Doesn’t Respond to Questions About Lawsuit

On Friday, Feb. 25, 2022, questions were emailed to City Attorney Thomas Lloyd Smith and Torres-Walker, copying the other four council members and former Antioch Police Chief Tammany Brooks asking, “does the city attorney represent a council member if they’re being sued as an individual? Or would they need to get their own counsel? Also, do you have any comments about the lawsuit and what do you expect to result from the Case Management Conference scheduled for May 17, 2022?”

None of them had responded to the email as of Wednesday, March 2, 2022, at noon.

Torres-Walker Doesn’t Know, Yet if City Attorney Will Represent Her or She Needs Outside Counsel

When asked directly if she had to obtain her own legal counsel or if the city attorney is representing her, Torres-Walker responded, “That’s still not clear but I have reached out for consultations.” Asked for clarification, if she had reached out to City Attorney Smith or an outside attorney she responded, “Outside.”

City Doesn’t Respond to Lawsuit

When asked for a copy of the City’s response to the officers’ lawsuit, Rakia Grant-Smith, Executive Legal Assistant for City Attorney Smith wrote, “The City of Antioch received your request for a “copy of a response to the lawsuit on behalf of the City” in regards to the Prieto-Rodriguez complaint. It has been determined that the record sought does not exist.”

In response, they were asked, “isn’t it common practice to respond to a lawsuit within 30 days?”

In addition, Franklin-Murdock was informed of the city attorney’s office claim and asked, Is that true? If not, do you have what the City provided? If it is true, isn’t that unusual for a party to not respond to a lawsuit?”

As of Wednesday, March 2 at noon, neither the city attorney’s office, nor Franklin-Murdock had responded.

City Attorney, Interim Police Chief Won’t Say if New Investigator Hired

Last fall, City Attorney Smith and then-City Manager Ron Bernal said they would hire another outside investigator.

Questions were sent Friday afternoon, Feb. 25 to Smith and Interim Police Chief Tony Morefield asking, “has another outside investigator been hired for the investigation into the police incident with Councilwoman Torres-Walker’s sons riding their dirt bikes on city streets? If so, when did that occur and is that investigation completed? If not, is that currently ongoing? If not, do you still plan to hire another outside investigator in the matter, please?”

As of Wednesday, March 2 at noon, they had not yet responded.

Interim Police Chief Offered Opportunity to Respond to Accusations Against Department

On Wednesday afternoon, March 2, 2022, Interim Police Chief was also sent a copy of the lawsuit and given the opportunity to respond on behalf of the department.

Please check back later for any updates to this report.

Ends in crash with another car injuring Sacramento man, female suspect

By Strategic Communications Officer Darryl Saffold, Antioch Police Investigations Bureau

On March 1, 2022, at approximately 12:23 AM, Antioch Police Officers located a vehicle at the Shell gas station at 4198 Lone Tree Way that was related to an armed robbery and carjacking that occurred in the city of Cupertino.

Antioch Police Officers conducted a high-risk traffic stop on the vehicle where the driver, 22-year-old Anthony Valdez, Jr. of Antioch, was initially compliant and yielded to officers. During the high-risk traffic stop, Valdez, Jr. fled the scene at a high rate of speed, leading officers on a vehicle pursuit.

Antioch Police Officers pursued the suspect vehicle for a short distance through city streets. The suspect vehicle entered the intersection of Hillcrest Avenue and Laurel Road and collided with a civilian vehicle in the intersection, disabling both vehicles. The victim motorist, a 58-year-old male from Sacramento, was transported to an area hospital for minor injuries.

Valdez Jr sustained non-life-threatening major injuries and was attended to by medical personnel at the scene before being transported to an area hospital. Additionally, the passenger in the suspect vehicle, 22-year-old Kiara Vasquez, also of Antioch sustained minor injuries and was also transported to an area hospital.

The Santa Clara County Sheriff’s Office was notified and responded to continue their portion of the investigation. The California Highway Patrol (CHP) is investigating the vehicle collision which is standard protocol when a vehicle collision is involved with a law enforcement vehicle pursuit.

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