One suspect still at large; shooting causes nearby Park Middle School locked down temporarily

By Antioch Police

On Tuesday, Sept. 28, 202, at 10:53 AM, Antioch Police Department Dispatch received multiple phone calls of a shooting in progress at the Antioch Water Treatment Plant at 401 Putnam Street. While officers were in route to that location, additional callers reported an armed robbery that had just occurred at a business in the 2200 block of A Street. Officers eventually learned that three males robbed the business on A Street at gunpoint and then fled in a black sedan. A victim of the initial robbery chased after the suspects in his vehicle, when the suspects began shooting at him. The victim followed the suspect vehicle into the water treatment plant, where further shots were fired.

The three suspects fled on foot through the water treatment plant to Lone Tree Way, where two of them were apprehended by Antioch Police Officers. Park Middle School was placed on lockdown for approximately 30 minutes while officers conducted an extensive search of the area for the third suspect. At no point was there any indication that the suspects were ever on school grounds. No one was injured as a result of the gunfire, and it appears the suspects inadvertently ended up in the water treatment plant as they were trying to flee from the pursuing victim.

All of the stolen property, along with two firearms, were recovered by officers on scene. One subject, Isaiah Taylor, age 22, was booked into County Jail for armed robbery and assault with a deadly weapon. The 17-year-old male suspect was booked into Juvenile Hall for armed robbery and assault with a deadly weapon. The third suspect was described as a young black male wearing a black hooded sweatshirt. That suspect is still outstanding.

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.

 

120.2 hours of work to determine all her complaints against police officers during Dec. 2020 traffic stop of her sons were baseless

By Allen Payton

The cost to the City of Antioch for the outside investigation demanded by District 1 Councilwoman Tamisha Torres-Walker into the incident between police, her sons and her last December was $44,610 the city attorney’s office revealed, Monday. In addition, they reported it consumed a total of 120.2 hours for the investigator, billed at $420 per hour, a writer/editor billed at $180 per hour, and an intern, billed at a rate of $120 per hour, to complete their work. A breakdown of their individual costs was also requested of the city attorney’s office.

The investigation, conducted by Oppenheimer Investigations Group, focused on what started as a traffic stop by two Antioch Police officers of Torres-Walker’s two sons, an adult and a 13-year-old, riding a dirt bike and ATV quad illegally on city streets, on December 29, 2020. The older son fled the scene, for which he was later charged with evading police and is still pending. He went home and returned with his mother. Things then escalated with accusations by Torres-Walker against the officers, and continued with an online, profanity-filled video rant against the officers and the department.

The investigation determined that all the councilwoman’s complaints against the two officers were either unfounded or not sustained, according to the executive summary of the report, which was released earlier this month. (See related article)

Ironically, Torres-Walker is now the chair of the city council’s Police Oversight Standing Committee which has its next meeting Tuesday afternoon. (Please see related article)

All five council members serving on committee, will make recommendations to themselves; will council choose new chief instead of city manager?

By Allen Payton

Acting as the Police Oversight Standing Committee, the entire Antioch City Council will consider voting to recommend to themselves a “policy banning restraints, holds, tactics and maneuvers that pose a substantial risk of positional asphyxia”, changes to the “police chief recruitment and hiring process”, as well as Antioch Police Department Policy 300: Use of Force”.  The meetings are now held before the council’s second regular meeting of the month on the fourth Tuesday, and tomorrow’s will be begin at 4:00 p.m.

The committee was to only consist of District 1 Councilwoman Tamisha Torres-Walker, who serves as chair, and District 3 Councilwoman Lori Ogorchock, who serves as vice chair. However, this will be the fourth meeting of the committee with all five council members included, although according to the minutes of the committee’s July 13th meeting, Mayor Lamar Thorpe “stated he asked for the entire City Council to attend, and it will be temporary.”  (See agenda)

For the first two agenda items the recommended action is for the committee “to recommend that the City Council approve a policy by formal action at a regular meeting of the Antioch City Council” or “provide direction to staff to revise the policy in accordance with the standing committee’s instructions.” The third item only includes the option to “accept the presentation”.

Ban On Restraints

According to the staff report on the item, “during the Regular Council Meeting on August 24, 2021, the City Council directed the City Manager and the City Attorney to work with the Chair and Vice-Chair of the Police Oversight Standing Committee and the Antioch Police Department to develop a new policy.”

A draft policy, on banning restraints potentially causing positional asphyxia that could result in unconsciousness or death, is included with Tuesday’s meeting agenda. The staff report reads, “Command Staff and subject matter experts from the Antioch Police Department researched existing Positional Asphyxia policies from around the world, including medical expert opinions on the matter. In addition, the City team examined federal and state laws which guide law enforcement use of force along with reports on industry best practices.

On September 7, 2021, staff met with the Chair and Vice-Chair of the Police Oversight Standing Committee to review the gathered materials and receive further guidance. A draft Positional Asphyxia Policy was created and underwent further revision by Police Department staff.”

Furthermore, according to the staff report, “The Police Department contracts with a company called Lexipol which designs web-based policy manuals and training for law enforcement agencies all over the United States. Lexipol further provides a full library of customizable, state-specific law enforcement policies that are updated in response to new state and federal laws and court decisions. Through multiple meetings, the consensus of the City team was that this policy should exist as a stand-alone policy. The…Positional Asphyxia Policy was drafted in Lexipol and is consistent with federal and state guidance as well as industry best practices.”

Following are the “Positional Asphyxia Requirements” in section 3 of the draft policy:

“Officers shall comply with the following conduct concerning positional asphyxia: a) A person lying on their stomach in a face-down position may have difficulty breathing. An officer shall only physically force a person to a face down position when reasonably necessary to do so to protect the safety of the person, the officer, or pedestrians.

b) Immediately following the application of force or restraint of a person, and as soon as it is safe to do so, officers shall position a person in a recovery or seated position to allow for free breathing and to avoid positional asphyxia.

c) Any body-to-body contact or officers’ placement of weight on a person must be transitory. Officers shall not forcibly hold down or place weight on a prone person any longer than reasonably necessary to safely restrain the person. As soon as practicable, an officer’s weight on a person shall be removed. Officers shall be aware of the amount and duration of any weight placed on a person.

d) If officers hold a person down while restraining them, officers shall avoid placing weight on the person’s neck or head which can fracture the hyoid bone or cervical spine. No more than two officers shall place weight on a person’s upper body or torso. If additional assistance is needed, an additional officer or officers may restrain a person’s limbs to restrict their movement.

e) Once officers safely restrain a person, officers shall not sit, kneel, stand, or place their weight on a person’s chest, back, stomach, or shoulders.

f) Officers must inquire about a restrained person’s well-being, including, but not limited to, that person’s recent use of drugs, any cardiac condition, or any respiratory conditions or diseases. Officers shall recognize and respond to risks such as the person saying that they “can’t breathe”, gurgling or gasping sounds, panic, prolonged resistance, the lack of resistance, etc. Officers must be aware of environmental factors, including the nature and temperature of the surface on which they are restraining a person. For example, holding a person down on a hot surface, or in mud or water, can cause other injury or impair breathing.

g) If a person continues to resist after being restrained, officers must check if any resistance is related to a person’s difficulty breathing. When a person has their breathing restricted, the person may struggle more. What officers perceive as resistance may be an indication that the person is struggling to breathe.

h) Officers shall share any relevant information regarding a person’s condition, medical condition, what has transpired during their interaction, or any information about drug or alcohol use, which might be medically relevant, to other officers, personnel, or individuals administering medical aid. If there has been any restriction to a person’s breathing, such information is medically relevant and shall be shared at the first practical opportunity.

Persons who exhibit extreme agitation, violent irrational behavior accompanied by profuse sweating, extraordinary strength beyond their physical characteristics and imperviousness to pain, may be experiencing a serious medical condition and at risk of sudden death. Calls involving these persons should be considered medical emergencies. Officers who reasonably suspect a medical emergency should request medical assistance as soon as practicable and have medical personnel stage away if appropriate.”

New Police Chief Hiring Process

According to the staff report, Torres-Walker “requested that this item be placed on the agenda”. In addition, city “staff prepared a description of the City Manager’s recruitment and hiring process for the Chief of Police. The steps are described as follows:

1. Work in tandem with the Human Resources Department to review and update the job description and salary for the position as appropriate. Any changes to either would require City Council approval.
2. If an in-house candidate(s) exists, determine whether an internal or external recruitment best serves City goals and agency needs.
3. If an internal recruitment is the selected pathway, publish minimum qualifications, open the application process and establish the candidate pool. Review applications and invite qualifying applicants to the interview process.
4. If an external recruitment is the selected pathway, initiate the RFP process to solicit and select an executive search firm to conduct the recruitment. Once a firm is selected, contribute to brochure content and work with firm to establish the overall timeline and approach. Once adequate applicant pool is achieved, review applications and identify candidates for interview.
5. Utilize a panel interview format comprised of different audiences – city managers, public safety executives, department heads, police department personnel and community members.
6. Once the panel interview process informs the ranking of candidates, City Manager interviews the top candidate(s).
7. Conditional offer of employment is made to the top candidate.
8. Conduct a thorough background check which includes, credit history, criminal background, professional and personal references, neighbors. If an external candidate is selected, may visit finalist’s current / last place of employment to gather additional information.
9. Upon clearance of all conditions, make and announce appointment.”

Council To Hire New Chief? Choice Already Decided?

As a council-manager form of government, it is the responsibility of the city manager to hire the police chief, as one of the city’s department heads. The council hires the city attorney and city manager, and the latter hires all the department heads. Sometimes that’s done with input and/or approval by the council, other times not. According to the International City/County Management Association, “the elected officials hire a professional city, town, or county manager” and the manager, “recruits, hires, supervises, and terminates government staff”.

However, the word on the street is that some council members want the city council to choose the next chief to replace former Chief Tammany Brooks, who recently retired and accepted a position with the City of Boise, Idaho. In addition, while Antioch Police Captain Tony Morefield, as previously reported by the Herald, is the acting chief, one name floated to be the city’s next police chief is that of Cornelius “Con” Johnson, a retired San Francisco Police lieutenant. He was introduced last November, as a member of then-mayor-elect Thorpe’s “transition advisory team” to co-chair police reform, along with City Attorney Thomas Lloyd Smith.

Use of Force Policy

According to the staff report for the item, Torres-Walker “requested a presentation and review of the Antioch Police Department’s current Use of Force Policy”, as well. Lexipol was also used to develop it, as the department has contracted the company for the past six years, and the “Use of Force Policy…is consistent with federal and state guidance as well as industry best practices”.

The policy “provides guidelines on the reasonable use of force”. Furthermore, section 1, the Purpose and Scope of the policy reads, “while there is no way to specify the exact amount or type of reasonable force to be applied in any situation, every member of this department is expected to use these guidelines to make such decisions in a professional, impartial, and reasonable manner (Government Code § 7286).

In addition to those methods, techniques, and tools set forth below, the guidelines for the reasonable application of force contained in this policy shall apply to all policies addressing the potential use of force, including but not limited to the Control Devices and Techniques and Conducted Electrical Weapon (i.e. taser) policies.”

The nine-page policy includes information on a De-escalation Requirement, Factors Used to Determine the Reasonableness of Force, Pain Compliance Techniques, Alternative Tactics – De-escalation, Deadly Force Applications, Shooting At or From a Moving Vehicle, Display of Firearms; Reporting the Use of Force including Notification to Supervisors and to the California Department of Justice; Medical Consideration and assistance; Responsibility of Supervisors including Watch and Bureau Commanders; Training and Policy Availability for access by the public.

How To Provide Public Comment

Notice of Opportunity to Address the Standing Committee

Members of the public wishing to provide public comment may do so in the following way:

1) Prior to 3PM the Day of the Meeting – Written comments may be submitted electronically to the following email address: policeoversight@antiochca.gov. All comments received before 3PM the day of the meeting will be provided to the Police Oversight Standing Committee at the meeting. Please indicate the agenda item and title in your email subject line.

2) After 3PM the Day of the Meeting and During the Meeting: Oral comments can be submitted to the Police Reform Oversight Committee during the meeting with advance registration. You may register and attend the webinar by visiting   https://us02web.zoom.us/webinar/register/WN_Qfj08tzhQg2lOh01zllM4w

– You will be asked to enter an email address and a name. Your email address will not be disclosed to the public. After registering, you will receive an email with instructions on how to connect to the meeting.

– When the public comments are announced, click the “raise hand” feature in Zoom. For instructions on using the “raise hand” feature in Zoom, visit: https://www.antiochca.gov/raise_hand.

– When calling into the meeting using the Zoom Webinar telephone number, press *9 on your telephone keypad to “raise your hand”.

Please ensure your Zoom client is updated so staff can enable your microphone when it is your turn to speak. Please be advised that the City cannot guarantee that its network and/or the site will be uninterrupted. To ensure that the Standing Committee receives your comments, you are strongly encouraged to submit your comments in writing in advance of the meeting.

SAN FRANCISCO — PG&E Corporation shared the following statement from CEO Patti Poppe today, Friday, Sept. 24, 2021 regarding criminal charges filed by the Shasta County District Attorney’s office related to the September 2020 Zogg Fire. The utility company was charged with involuntary manslaughter in the deaths of four people, and other felonies and misdemeanors for the Zogg Fire and other fires that started in the county over the last year and a half.

“We are all devastated by the effects of wildfire here in California. My heart aches. I have seen firsthand how devastating it is and have spoken with many of those most harmed. These communities are the hometowns where my coworkers live and work, too. While I am new to this environment, I hope my heart never becomes hardened to the devastation that catastrophic wildfire can cause.

I came to PG&E to make it right and make it safe, which is a commitment that my 40,000 coworkers and contract partners all share. We’ve already resolved many victim claims arising from the Zogg Fire, along with the claims by the counties of Shasta and Tehama. And we are working hard to resolve the remaining claims.

We’ve accepted CAL FIRE’s determination, reached earlier this year, that a tree contacted our electric line and started the Zogg Fire. We accept that conclusion.  But we did not commit a crime.

Today’s climate and unprecedented drought have forever changed the relationship between trees and power lines. And please know we’re not sitting idly by. We have established a new standard for our lines and the vegetation near them because it poses such a real risk to our communities.

For example, on the Zogg Fire, the tree that started the fire is one of over 8 million trees within striking distance to our lines. Here are a few other facts.

Between October 2018 and last year’s Zogg Fire:

• Two trained arborists walked this line and independent of one another determined the tree in question could stay.
• We trimmed or removed over 5,000 trees on this very circuit alone.
• This year we will remove 300,000 trees statewide.

This vital safety work is all done by real people who are trying every day to do the right thing. Trained, professional people – my PG&E coworkers and our extended contractor family. Arborists, specifically, are trained professionals and sometimes, just like doctors or architects, they can have professional differences. There will be debates about the facts around the tree that started the Zogg Fire. Professional debate in the service of doing what is right and continuously improving.

This was a tragedy, four people died. And my coworkers are working so hard to prevent fires and the catastrophic losses that come with them. They have dedicated their careers to it, criminalizing their judgment is not right. Failing to prevent this fire is not a crime.

Right now, PG&E is:

• Investing more than $1.4 billion this year alone in vegetation management;
• Removing 300,000 trees and trimming 1 million more;
• We’re working toward burying 10,000 miles of power lines;
• We’re installing remote and micro grids to eliminate the wires altogether; and
• We’re reestablishing and building our system to a new standard of resilience that keeps our communities safe and powered as our climate continues to change around us.

We are seeing signs of progress. For example, even during this year, with extreme drought conditions, we have reduced our ignitions over 50%.

That is our best ever performance since we have been tracking this and yet, we are still dissatisfied. That’s why we are not going to stop there.

We’re putting everything we’ve got into preventing wildfires and reducing the risk. Though it may feel satisfying for the company of PG&E to be charged with a crime, what I know is the company of PG&E is people,  40,000 people who get up every day to make it safe and to end catastrophic wildfire and tragedies like this.

Let’s be clear, my coworkers are not criminals.  We welcome our day in court so people can learn just that.”

Poppe’s statement is also available on PG&E Currents and broadcast quality video is available here.

Details about PG&E’s efforts to further reduce the growing wildfire risk, harden its systems, and use new technologies to help keep its communities safe can be found in the company’s 2021 Wildfire Mitigation Plan.

About PG&E Corporation

PG&E Corporation (NYSE: PCG) is the parent company of Pacific Gas and Electric Company (PG&E or the “Utility”), a combined natural gas and electric utility serving more than 16 million people across 70,000 square miles in Northern and Central California. For more information, visit pgecorp.com.

Forward-Looking Statements

This news release contains forward-looking statements that are not historical facts, including statements about the beliefs, expectations, estimates, future plans and strategies of PG&E Corporation and the Utility, including but not limited to the criminal charges filed in connection with the 2020 Zogg fire and the Utility’s vegetation management and system hardening efforts. These statements are based on current expectations and assumptions, which management believes are reasonable, and on information currently available to management, but are necessarily subject to various risks and uncertainties. In addition to the risk that these assumptions prove to be inaccurate, factors that could cause actual results to differ materially from those contemplated by the forward-looking statements include factors disclosed in PG&E Corporation and the Utility’s joint annual report on Form 10-K for the year ended December 31, 2020, their most recent quarterly report on Form 10-Q for the quarter ended June 30, 2021, and other reports filed with the Securities and Exchange Commission, which are available on PG&E Corporation’s website at pgecorp.com and on the SEC website at www.sec.gov. PG&E Corporation and the Utility undertake no obligation to publicly update or revise any forward-looking statements, whether due to new information, future events or otherwise, except to the extent required by law.

Allen Payton contributed to this report.

Police will review videos, body cam footage, more charges may be filed; conflicting accounts of what occurred; charges filed by event organizer, attendee, protester who claim to be injured; Captain Morefield to become Acting Chief of Police

By Allen Payton

A two-hour, farewell event honoring retiring Antioch Police Chief Tammany Brooks at Williamson Ranch Park, Friday night, was attended by five or six protesters, for about 15 minutes, and resulted in three of them being arrested for assault, assault on a police officer, interfering with an arrest and resisting arrest. The protesters, at least four of whom have been making the same accusations against the chief and the police department at other protests over the past year-and-a-half, repeated their complaints about the December 2020 incident with Angelo Quinto, as well as Brooks’ 2019 hiring of Officer Michael Mellone who fatally shot a knife-wielding homeless man on meth in 2016, while Mellone worked as a San Francisco Police Officer. (See related articles here, here and here)

The protesters were holding signs and yelling their messages, both with and without the use of a megaphone, as they stood on one side of the event, nearby those in attendance, while presentations from different groups and individuals were being made to Brooks. As people were taking photos with Brooks and shaking his hand, the protesters then attempted to move closer to him. Those in attendance moved in to block the protester’s access, while dancing to music from the band performing on the stage.

Event Organizer Claims She Was Kicked In Bad Knee

According to event organizer, Velma Wilson who had a knee replacement and walks with a cane, one of the protesters kicked her in her bad leg.

“It was either Shagoofa (Khan) or Lacey (Brown aka Ferguson on Facebook),” Wilson said.

As of Monday, Wilson said she was still in pain and that her doctor said she might need emergency surgery. She said she has to ice her knee and that it’s hard to get a good X-ray because her knee was so swollen.

“Iris Archuleta and I walked over to the protesters and tried to speak to them peacefully, but they started yelling at us. That’s when I walked away,” Wilson said. “Then they walked over toward us and yelled at us through their megaphone. Lacey started twerking up on me. When she realized she wasn’t going to be able to get me to move, that’s when she kicked me. If you see in the video at the point where the banner fell, that’s when I got kicked.”

Wilson said she has pressed charges against Brown.

Khan Gives General Denial

Asked if she, Brown or any of the other protesters kicked Wilson and if so, was it intentional, Khan responded simply, “A lot of the stuff you’re hearing is lies.”

Megaphone Use

At one point Brown was yelling through the megaphone at close range of those in attendance, including Denise Cantrell, who turned and tried to grab the megaphone strap to take it away from Brown and get her to stop.

Then, as several uniformed officers were lined up shaking hands with Brooks’ and offering their farewells, as videos appear to show, Khan, grabbed and took Cantrell’s phone. As Cantrell attempted to retrieve her phone, officers responded, Khan then struck Cantrell in the face, causing a small wound, and a swollen, bruised cheek. Officers and others restrained Cantrell while other officers pursued Khan.

Cantrell Shares Her Side

Cantrell confirmed what the videos appear to show.

“The protesters had an attitude toward me from the start because I was filming them,” Cantrell said. “Shagoofa snatched my phone out of my hand, she backed up and then threw it at me. I didn’t charge at her for no reason. I was trying to get my phone back. Then when the officer grabbed my shoulders, she took a swing at me, sucker punched me and hit me in the face with her cell phone. At first, I didn’t know what she did with it. Someone brought me my phone while Shagoofa was being arrested.”

Regarding trying to grab the megaphone from Brown, Cantrell denies scratching her.

“I didn’t touch her,” she said. “I have no nails. I work on plants.”

“I admit I grabbed the strap of her megaphone,” Cantrell stated. “That was after she was screaming in our ears, including Chief Brooks’ mom who was right in front of us.”

“My left ear still hurts and is throbbing, three days later,” she added.

“You’re not supposed to yell in people’s ears. It’s disturbing the peace and violates state law,” Cantrell stated.

“Now, I’m getting death threats because of their lies on Twitter,” she added. “From Black Lives Matter people, and I’m Black.”

Asked if she’s reported them to the police, Cantrell responded, “Yes. I had two officers, here at my home, today.”

“In all my 10 years of living in Antioch, I’ve never been involved in anything like this,” she shared.

Cantrell said that she has pressed charges against Khan.

Another Protester Arrested

Another protester, Frank Sterling, tried to interfere with the officers’ arrest of Khan, and he was then taken to the ground by several officers. As Sterling struggled with them, one officer could be heard saying, “get your hands behind your back” and “stop fighting” and one officer pulled out his taser and apparently used it on Sterling.

As Khan was simultaneously being arrested, Brown approached the officers and closely yelled at them through the megaphone. One officer told her to stop, pointing his finger at her.

Protester Brown Offers Her Viewpoint

Asked about Wilson’s claims, Brown said, “That’s completely false.” Asked if one of the other protesters kicked Wilson and if so, was it unintentional, Brown replied, “I was the only one next to Velma and I didn’t touch her.”

“They formed a line to block us, and they did that by dancing, so I danced with them,” she continued. “At no time did my feet leave the ground or kick anyone.”

When Khan was being arrested, she dropped her phone. As she was being walked away, backward by two officers, Khan yelled at Brown, “get my phone, get my phone” and “take video”. Brown picked up Khan’s phone off the grass, and then she was stopped by officers. One officer said to Brown, “I told you not to cross the line”.

“I ran up to the phone, and you can hear me say (in a Facebook Live video on Khan’s page) ‘I got it’. I picked up Shagoofa’s phone and the officer grabbed me,” said Brown. But she’s not sure if Khan’s video was ever uploaded to Facebook.

“They didn’t say get on the ground. They didn’t say anything,” Brown continued. “He ran up behind me, he grabbed my arms from behind, then he turned me, put his leg in front of mine to trip me and pushed me to the ground.”

“The line of police was in front of Frank (Sterling),” she explained. “They were in a completely different area. There were no police between me and Shagoofa’s phone.”

“They also took the phone in my pocket, as evidence,” Brown pointed out. “At no point was my phone recording at all.”

Asked if her phone was returned to her, Brown said, “not yet. I asked for it, today. They don’t have a warrant for it, by the way.”

“Even with Denise (Cantrell) coming up on me, I was intentionally avoiding contact with anybody,” she added.

“The megaphone was pointed upward, and I was talking to Tammany the entire time, unless someone pulled it down,” Brown explained. “Denise was following me intentionally to get in front of the megaphone. She was trying to take it.”

“I pressed charges against her for battery because while swiping at me trying to grab the megaphone, she scratched my arms and grabbed my shirt,” Brown said. “I also filed a complaint against the officers who watched her assault me multiple times and did nothing.”

“What Shagoofa did, as Denise was putting her phone in Kathryn’s (another protester’s) face, was trying to place her hand in front of Denise’s phone,” Brown stated. “Shagoofa did not take her phone. She had her own phone in her hand.”

She’s claiming that’s what might have struck Cantrell’s face. However, Brown said, “it was after Denise charged at her.”

“I’m saying that whatever physical interaction there was, is in this video (referring to a slowed down version of the 13-minute video),” she continued. “Shagoofa didn’t touch her.”

Brown claimed, “what started it was Denise yelling ‘f…  you’ at Kathryn, and that she didn’t care about with Kathryn’s son who had died” (which Kathryn was yelling about, claiming it occurred during an incident with Antioch Police).

Cantrell denies using that language and instead said, “I said what they were talking about had nothing to do with the chief’s going away event.”

Videos of Incident (WARNING: explicit language)

A 13-minute video was posted on YouTube. But it was edited, with the sound off during some portions, and shows a break in the footage. It was during one of those portions that Khan could be heard at one point yelling, Chief Brooks had promoted three officers the council had directed him not to promote. (That has stirred up questions of how she knows that, and which council member or members told her, when that was never discussed by the council during public meetings. Such personnel matters are dealt with in closed session).

An additional video of the incident was posted on Cantrell’s Facebook page.

Event Continues

The event continued with Brooks offering his remarks, thanking a variety of people who helped him during his 26-year career in Antioch, including his wife, Michelle, son Tammany IV, mother and sister – who were all in attendance, as well as his two captains, Tony Morefield and Trevor Schnitzius. That was followed by a BBQ dinner and dessert, and then a slide show of photos from his life and police career, plus the video from the police department lip-sync challenge a few years ago. (See videos here, here and here)

Morefield will become the city’s acting chief of police, following Brooks’ departure early next month. Although retiring from the APD, Brooks has accepted a new position as Deputy Police Chief of Boise, Idaho. (See related articles here and here)

Please see more photos of the event on the Antioch Herald Facebook page.

Police Provide Arrest Details, Will Review Body Cam Footage, More Charges May Be Filed

Antioch Police Sgt. Green said two of the protesters, “Shagoofa Khan and Lacey Brown, were cite released for assault and resisting arrest.”

A third protester, “Frank Sterling, was booked into county jail for assault on a peace officer and attempted lynching,” Green continued. That means Sterling interfered with the arrest of another person which is a felony. (However, according to a CBS News report, that term was removed from state penal code 405a as the result of a bill signed by Gov. Jerry Brown in 2015 and the crime is no longer referred to that way).

“Things may be subject to change, now that a more complete video of what happened is available,” Green stated. “Fortunately for us, we have all the body cam video and there were several officers there. Now, we will review all the body cam videos and after that’s done more charges might be added. That will be determined between investigations and the DA’s office.”

“We also want to make sure our officers were within policies, as well,” he added. “The investigation is ongoing

Referred to as disturbing the peace, California Penal Code 415, section (2) prohibits a person from maliciously and willfully disturbing another person by loud and unreasonable noise. Yelling through a megaphone at close range to someone’s ears could easily fall under that prohibition. In addition, section (3) prohibits a person from using “offensive words in a public place which are inherently likely to provoke an immediate violent reaction”, as the video shows the protesters were doing.

About use of the megaphone, Sgt. Green said, “There are warning labels on those megaphones that it will cause permanent hearing damage.”

“Operation Quiet Storm was one of the largest gang takedowns in FBI San Francisco division’s history,” charges 55 defendants, some from Antioch

Acting U.S. Attorney Hinds emphasizes focus on community engagement to root out drivers of violent crime

SAN FRANCISCO – Acting United States Attorney Stephanie M. Hinds held a press conference Thursday to announce the unsealing of federal charges filed against 55 defendants, many of whom were members of, or affiliated with, the Nuestra Familia prison gang and its subservient street gangs.  Acting U.S. Attorney Hinds was joined in making the announcement by Federal Bureau of Investigation Special Agent in Charge Craig D. Fair, Drug Enforcement Administration Special Agent in Charge Wade R. Shannon, California Department of Corrections and Rehabilitation Chief Office of Correctional Safety Derrick Marion, Santa Clara Sheriff Laurie Smith, and San Jose Deputy Chief of Police Elle Washburn.

The focus of the press conference was the unsealing of 17 charging documents, including 14 indictments and 7 criminal complaints, setting out a broad array of charges against the defendants.

According to an FBI San Francisco tweet on Thursday, “Operation Quiet Storm was the culmination of more than 5 years of complex investigative work. The gangs targeted in this case are responsible for much of the illicit drug distribution and violent crime that has plagued areas throughout CA.”

“No single defendant is responsible for all the conduct I am describing,” said Hinds. “The charges against each defendant are described in a charging document that is unique to each defendant. By disrupting gang leadership, we reduce violence on our streets.  By removing violent actors and crime drivers from the streets, we make our neighborhoods safer.”

According to the documents unsealed today, La Nuestra Familia – Spanish for “Our Family”– was a prison gang operating in the California state prison system. Falling under the gang’s supervision are Norteño street gangs established in numerous cities and counties, and in jails and prisons, throughout Northern California and elsewhere. Several of the charging documents unsealed Thursday describe various aspects of the gang.  For example, one indictment (here (Leadership)) describes the largely-incarcerated leadership, while another (here (SJG)) describes the activities of a street gang called the San Jose Grande and yet another (here (EHP)) describes a group referred to as El Hoyo Palmas Street Gang. The picture that emerges is one of a violent and structured organization that finances its activities through crime and encourages its members to visit violence upon anyone who threatens the gang’s existence, including members who break gang rules, members who attempt to leave the gang, and rival gang members.

According to the documents unsealed Thursday, of the 55 defendants, 28 individuals were charged with racketeering crimes, while the remaining individuals were charged with drug trafficking and firearms offenses. Conspiracies alleged in the indictments include agreements to distribute drugs including heroine, methamphetamine, and cocaine; to commit armed robberies; and to commit murder.  Additional defendants were charged with other related crimes ranging from drug distribution to armed robbery.

According to a San Diego Union-Tribune report, “Prosecutors said 36 of the defendants were already in state prison and have been moved to federal holding facilities. Authorities have not said how many of the 19 remaining defendants were arrested in law-enforcement sweeps this week.”

Acting U.S. Attorney Hinds emphasized the goal to “fish with a spear, not a net.”

“Working with our federal and state, local, and tribal law enforcement partners, as well as impacted communities, our law enforcement efforts have focused on addressing violent crime-driven by gangs,” said Hinds.  “We will continue to work with our law enforcement partners, as well as members of our community, to identify and address the drivers of crime in our neighborhoods.  We intend to continue to deliver results by focusing on the needs of our communities.”

“Operation Quiet Storm was one of the largest gang takedowns in FBI San Francisco division’s history,” said FBI San Francisco Special Agent in Charge Fair.  “The coordinated efforts of this operation were done with one goal in mind: to disrupt the communications and organizational structure of a criminal network who has terrorized our neighborhoods for far too long.”

“Today’s operation strikes a substantial blow to Nuestra Familia leadership. This investigation revealed the wide-ranging influence of the gang that extends far beyond prison walls. It is clear they have hard and fast rules, and those who run afoul are met with intimidation and violence that spills into our communities,” said DEA Special Agent in Charge Shannon. “We will continue to look at these organizations structurally to disrupt and dismantle them.”

An indictment merely alleges that crimes have been committed, and the defendants are presumed innocent until proven guilty beyond a reasonable doubt.

This case is being prosecuted by the Organized Crime Strike Force of the United States Attorney’s Office for the Northern District of California.  The prosecution is the result of an investigation by the FBI (San Francisco, Sacramento, and Phoenix Divisions) and the DEA, with the assistance of the Santa Clara County Sheriff’s Office, the California Department of Corrections and Rehabilitation, the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Santa Clara County District Attorney’s Office, and the San Jose Police Department, as well as the support of the Alameda County Sheriff’s Office, Antioch Police Department, Campbell Police Department, Fremont Police Department, King’s County Sheriff’s Office, Monterey County Sheriff’s Office, Mountain View Police Department, Sacramento Police Department, Salinas Police Department, Menlo Park Police Department, Santa Clara County Parole Department, Santa Clara County Probation Department, Santa Clara Police Department, Santa Cruz County District Attorney’s Office, Santa Cruz County Sheriff’s Office, Modesto Police Department, San Francisco Police Department, and Stanislaus County Sheriff’s Department, and Sunnyvale Department of Public Safety.

This investigation and prosecution are part of the Organized Crime Drug Enforcement Task Force (“OCDETF”), which identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

Indictment describes the gang’s nexus of power overseeing thousands of members throughout California including Contra Costa County; Antioch Police Department assist in investigation

Involved in plots to murder 14 victims, plus robbery, drug trafficking and money laundering

SAN JOSE – A federal grand jury returned an indictment charging 17 defendants with racketeering conspiracy, including acts involving murder, robbery, drug trafficking, and money laundering, and charging five others with drug trafficking-related crimes.  The indictment handed down on August 25, 2021, and unsealed Thursday, September 16, 2021 catalogues a litany of crimes allegedly directed by the Nuestra Familia’s command structure incarcerated in California prisons.  The charging announcement was made by Acting United States Attorney Stephanie Hinds, Federal Bureau of Investigation Special Agent in Charge Crag D. Fair, and Drug Enforcement Administration Special Agent in Charge Wade R. Shannon at a press conference this morning. Also appearing at the press conference were Chief of the Office of Correctional Safety for the California Department of Corrections and Rehabilitation Derrick Marion, Santa Clara Sheriff Laurie Smith, and San Jose Deputy Chief of Police Elle Washburn. DOJ NF indictment 082521

“The indictment charges all seven of the members who make up the Nuestra Familia’s ruling body: the General Council,” said Acting U.S. Attorney Hinds. “While the physical movement of this leadership was restricted by prison walls, the indictment alleges their power and influence were not so constrained. By disrupting gang leadership, we reduce violence on our streets.  By removing violent actors and crime drivers from the streets, we make our neighborhoods safer.”

“The arrests made yesterday, most significantly the arrests of the Nuestra Familia leadership, will severely cripple the ability of this criminal enterprise to continue to facilitate crimes in communities throughout the state and help break a decades-old cycle of violence,” said FBI San Francisco Special Agent in Charge Fair.

“Today’s operation strikes a substantial blow to Nuestra Familia leadership. This investigation revealed the wide-ranging influence of the gang that extends far beyond prison walls. It is clear they have hard and fast rules, and those who run afoul are met with intimidation and violence that spills into our communities,” said DEA Special Agent in Charge Wade R. Shannon. “We will continue to look at these organizations structurally to disrupt and dismantle them.”

According to the indictment, the 17 racketeering defendants were members and associates of the Nuestra Familia (“NF”) prison gang, a violent and lucrative organization formed in the 1960s.  The NF is alleged in the indictment to be a criminal enterprise that was created to organize, protect, discipline, profit from, and maintain the allegiance of gang members on the streets of and within custodial facilities in California.  As outlined in the indictment, membership in the NF involved a process of sponsorship, approval, and indoctrination.  The perpetration of violence and other crimes was ordinarily a prerequisite to entrance, continued membership, and advancement in the organization.  Once membership was achieved, this membership was for life.  The indictment alleges an NF oath provides: “If I lead, follow. If I stumble, push me. If I fall, avenge me. If I betray you, kill me.”

The indictment also describes the NF’s organizational structure and, in particular, the gang’s governing body: a seven-member “General Council,” made up of three Generals and a four-member Inner Council, which makes significant decisions and oversees the activities of the NF and its subservient gangs.  The indictment outlines each position according to the NF Constitution.  According to the NF Constitution, the Street Regiment General oversees the NF’s “overall street operations.”  The General of the Prisons is responsible for the NF’s “overall pinta [prison] functions,” and the General Advocates Office is the NF’s “justice department.”  Tiered just below these three NF Generals was the Inner Council, which consisted of four senior NF members who served as “advisors” to the Generals and provided a system of checks and balances.  All seven members of the NF’s General Council led the NF organization while incarcerated in the California prison system.  Each is charged in this indictment.

Further, the indictment describes the appointment by these leaders of NF members to positions of power over hierarchical and paramilitary structures called “regiments,” imposed on its gang members operating on the streets in California.  While the NF was composed of a relative few, it exercised control and wielded influence over thousands of subordinate gang members in counties and prisons throughout Northern California using such regiments.  These regiments primarily guaranteed the NF’s vast influence and control over its own and its street gang members, ensured avenues to direct violence and other illicit activity, and secured means for the NF to make money through the commission of criminal activity.

The NF oversaw such regiments in Contra Costa County, Santa Clara County, Monterey County, Santa Cruz County, San Benito County, San Francisco County, San Mateo County, Alameda County, Solano County, San Joaquin County, Fresno County, Kings County, Tulare County, Madera County, Merced County, Kern County, Sacramento County, Yolo County, Humboldt County, Shasta County, Lassen County, Tehama County, Butte County, Yuba County, Sutter County, Lake County, Placer County, and Sonoma County, as well as in Salinas Valley State Prison, Pelican Bay State Prison, Pleasant Valley State Prison, California State Prison – Solano, California State Prison – Sacramento, and High Desert State Prison.

According to the indictment, NF members and associates were involved in plots to kill 14 victims between April 2013 and July 2019 as part of the charged racketeering conspiracy.  The defendants charged in the alleged racketeering conspiracy include the following:

Defendant	Age	Charges	Maximum Statutory Penalty
DAVID CERVANTES aka “DC”	73	18 U.S.C. § 1962(d) – Racketeering Conspiracy	Life
ANTONIO GUILLEN aka “Chuco”	55	18 U.S.C. § 1962(d) – Racketeering Conspiracy	Life
JAMES PEREZ aka “Conejo”	67	18 U.S.C. § 1962(d) – Racketeering Conspiracy	Life
SAMUEL LUNA aka “Sammy”	46	18 U.S.C. § 1962(d) – Racketeering Conspiracy	Life
GUILLERMO SOLORIO aka “Capone”	42	18 U.S.C. § 1962(d) – Racketeering Conspiracy	Life
TRINIDAD MARTINEZ aka “Trino”	41	18 U.S.C. § 1962(d) – Racketeering Conspiracy	Life
GEORGE FRANCO aka “Puppet”	56	18 U.S.C. § 1962(d) – Racketeering Conspiracy	Life
STEVEN TRUJILLO aka “Esteban”	56	18 U.S.C. § 1962(d) – Racketeering Conspiracy	Life
SALVADOR CASTRO aka “Gangster”	51	18 U.S.C. § 1962(d) – Racketeering Conspiracy	Life
BRYAN ROBLEDO aka “Turtle”	48	18 U.S.C. § 1962(d) – Racketeering Conspiracy	Life
ALEX YRIGOLLEN aka “Sleepy”	52	18 U.S.C. § 1962(d) – Racketeering Conspiracy	Life
JUAN SOTO aka “Drifter”	38	18 U.S.C. § 1962(d) – Racketeering Conspiracy	Life
EDGARDO RODRIGUEZ aka “Big Evil”	41	18 U.S.C. § 1962(d) – Racketeering Conspiracy	Life
ROBERT MALDONADO aka “KJ”	46	18 U.S.C. § 1962(d) – Racketeering Conspiracy	Life
ERIC ZARATE aka “Baby G”	43	18 U.S.C. § 1962(d) – Racketeering Conspiracy	Life
ROCKY BRACAMONTE aka “Fox”	37	18 U.S.C. § 1962(d) – Racketeering Conspiracy	Life
JOSHUA CORTEZ aka “Buddah”	28	18 U.S.C. § 1962(d) – Racketeering Conspiracy	20 years

Also charged in the indictment are defendants who allegedly participated in two conspiracies to possess and distribute methamphetamine, one in May of 2019 and the other in September 2020 to March 2021.  The charges pending against these defendants are as follows:

Defendant	Age	Charges	Maximum Statutory Penalty
WILLIAM RODRIGUEZ aka “Negro”	34	21 U.S.C. §§ 846, 841(a)(1), (b)(1)(B) – Conspiracy to Distribute and Possess with Intent to Distribute Methamphetamine	At least 5 years, up to 40 years
MARVIN RODRIGUEZ	34	21 U.S.C. §§ 846, 841(a)(1), (b)(1)(B) – Conspiracy to Distribute and Possess with Intent to Distribute Methamphetamine	At least 5 years, up to 40 years
CRISTIAN MORA aka “C-Fresh”	28	21 U.S.C. §§ 846, 841(a)(1), (b)(1)(B) – Conspiracy to Distribute and Possess with Intent to Distribute Methamphetamine	At least 5 years, up to 40 years
MARTIN JOSEPH RUPPEL JR.	42	21 U.S.C. §§ 846, 841(a)(1), (b)(1)(B) – Conspiracy to Distribute and Possess with Intent to Distribute Methamphetamine	At least 5 years, up to 40 years
ANAELISA CUEVAS	35	21 U.S.C. §§ 846, 841(a)(1), (b)(1)(B) – Conspiracy to Distribute and Possess with Intent to Distribute Methamphetamine	At least 5 years, up to 40 years

The court also may order additional terms of supervised release, fines, and restitution.  Nevertheless, any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

An indictment merely alleges that crimes have been committed, and the defendants are presumed innocent until proven guilty beyond a reasonable doubt.

The defendants are scheduled to make initial federal court appearances before U.S. Magistrate Court Judge Nathanael Cousins and U.S. Magistrate Court Judge Sallie Kim today.

This case is being prosecuted by the Organized Crime Strike Force of the United States Attorney’s Office for the Northern District of California.  The prosecution is the result of an investigation by the FBI (San Francisco, Sacramento, and Phoenix Divisions), the DEA, the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the U.S. Marshal Service, with the assistance of the Santa Clara County Sheriff’s Office, the California Department of Corrections and Rehabilitation, the Santa Clara County District Attorney’s Office, and the San Jose Police Department, and with support from the Alameda County Sheriff’s Office, Antioch Police Department, Campbell Police Department, Fremont Police Department, King’s County Sheriff’s Office, Monterey County Sheriff’s Office, Mountain View Police Department, Sacramento Police Department, Salinas Police Department, Menlo Park Police Department, Santa Clara County Parole Department, Santa Clara County Probation Department, Santa Clara Police Department, Santa Cruz County District Attorney’s Office, Santa Cruz County Sheriff’s Office, Modesto Police Department, San Francisco Police Department, the Stanislaus County Sheriff’s Department, and Sunnyvale Department of Public Safety.

This investigation and prosecution are part of the Organized Crime Drug Enforcement Task Force (“OCDETF”), which identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

 

By CHP Golden Gate Division Air Operations

On the morning of September 14 2021, CHP airplane A-31 was returning to the Napa airport, when it’s onboard sensors detected a stolen vehicle in the Antioch area due to a LoJack stolen vehicle recovery system that utilizes GPS to locate users’ vehicles. A-31 began a search of the area, eventually locating the vehicle on city streets. (See video)

When ground units were requested to make an enforcement stop, the truck fled at a high rate of speed. The driver drove wrong way on surface streets and the freeway, entering Hwy 4 at the eastbound Hillcrest Avenue offramp. He exited the freeway on the eastbound onramp at Lone Tree Way, crossed under the overpass and re-entered westbound Hwy 4 in the correct direction. The driver then exited at Loveridge Road in Pittsburg. At one point, the truck became lodged on railroad tracks just north of the Antioch-Pittsburg Hwy aka W. 10th Street.

Eventually the occupants fled from the vehicle in a residential neighborhood and A-31 was able to track the driver to a backyard where he was apprehended.

Allen Payton contributed to this report.

 

Allen Payton contributed to this report.