Takes final walk from APD Facility as staff members line up to say good-bye; Torres-Walker absent from council meeting during time they honored Brooks

By Allen Payton

During their meeting on Tuesday, Sept. 28, 2021, the Antioch City Council honored recently retired Police Chief Tammany Brooks, who is taking a new position as Deputy Chief in Boise, ID. Brooks, who joined the online meeting, was also honored by Supervisors Federal Glover and Diane Burgis, as well as State Senator Steve Glazer who offered their remarks, and will present the outgoing chief with resolutions. The councilmembers then offered their remarks of appreciation, as well, with Mayor Lamar Thorpe pointing out Brooks was the city’s first African American police chief. District 1 Councilwoman Tamisha Torres-Walker was absent during that portion of the meeting. She had previously posted her remarks about his retirement on her official Facebook page, which were included in a Herald article. (See related articles here and here)

Brooks then offered his thanks to the police department staff and the community. He said he leaves for Boise, Wednesday morning. Two members of the public also offered their comments, one thanking Brooks for and the other critical of his service.

A question was sent to Torres-Walker, while the meeting was being held, why she was absent during the time the council honored Brooks, if it was intentional to send a message or if she had something else she had to deal with at that time.

Brooks Honored by APD Staff

Last Thursday, Sept. 23, Brooks offered his final farewell remarks to the police department’s staff over the loudspeaker of a patrol car, in front of the Antioch Police Facility. He then took his final walk from the building he worked in for almost 26 years, while staff members, lining both sides of the sidewalk gave him an ovation. (See videos here and here)

Brooks’ Final Remarks to His Staff

“I consider myself truly blessed,” Brooks stated. “Not because I’ve had the honor to be a police officer for the past 26 years, but because I’ve been privileged to work alongside of the Antioch Police Department family.

During my time, here I’ve worked alongside some of the best in the business. I’ve learned so much over the years and am eternally grateful to everyone who has supported and encouraged me throughout my career.

It has been my honor to serve as your police chief. I worked to create a culture that valued compassion, accountability, professionalism and integrity. I tried to inspire, challenge, motivate, and most of all, support everyone to succeed and grow. Not by showing you how great I was, but by showing you how great you are and how great we are.

The success we’ve shared did not come through the absence of opposition or failure. But because of our persistence despite it.

Thank you for putting your trust in me to be your leader. I hope I gave this police department and this city as much as I received. I hope I made you proud.

Letting go of this place is the hardest thing I’ve ever had to do, and although this is not how or when I envisioned my time, here to end, I leave staying true to my authentic self, without compromising my values due to political pressures or agendas, and always doing what I thought was right and in the best interests of the police department and the city.

I leave on a positive note knowing this agency will continue to have a stellar reputation within our profession and the community we serve. With strong leadership in place and a culture second-to-none this police department and the residents of Antioch are in good hands.

Thank you everyone and know I will always love you.”

He finished by saying “Adam 1, 10-7OD,” his call sign and the code which means “out of service, off duty”.

A response was offered by Lead Dispatcher Nahleen Cloninger.

“Adam 1, the men and women of the Antioch Police Department want to sincerely thank you for your 26 years of selfless service to our department and the community – a career that started in 1995 when you were sworn in as an officer and culminating with you becoming our police chief in 2017.

Over the course of your career, you have demonstrated your excellent leadership qualities, a love for your profession and all of those around you. You promoted the spirit of family in the department and made Antioch PD a place people wanted to be.

You are one of the most respected and loved chiefs this department has ever had.

The loss of your presence will be immense. But your leadership has prepared us for the challenges ahead.

We will miss you and wish you the very best in your retirement and your new endeavors.

While you will be gone, your legacy will remain. Good luck and Godspeed.”

“We all love you and good luck,” another officer stated over the loudspeaker.

Brooks then walked down the sidewalk between two lines of the department’s staff.

“Nothing to see, here” he joked as he walked, then giving his final remarks. “Thank you all, very much. It has truly been my honor and I appreciate every single one of you. I’m going to shut up, now. Thank you all.”

Farewell Message from APD

In addition, the department’s staff posted their final comments to Brooks on the APD Facebook page on Monday, Sept. 27 along with a video with photos of both the ceremony and from throughout his career. (See video here)

“The women and men of the Antioch Police Department want to sincerely thank you, Chief Tammany Brooks, for your 26 years of selfless service to our department and the community. A career that started in 1995 when you were sworn in as an officer and culminating with you becoming our Police Chief in 2017.

Over the course of your career, you have demonstrated your excellent leadership qualities, a love for the profession, and all those around you. You promoted the spirit of family in the department and made Antioch PD a place people wanted to be.

You are one of the most respected and loved Chiefs this department has ever had. The loss of your presence will be immense, but your leadership has prepared us for the challenges ahead. We will miss you and wish you the very best in retirement and in your new endeavors. While you will be gone your legacy will remain, good luck and God speed.”

A final message from the department staff was offered at the end of their video, reading, “Thank you for being our Police Chief. We will miss you and wish you the very best in retirement and in your new endeavors. Good luck and God speed.”

Council Proclamation

Following is the council’s approved proclamation: Proclamation Honoring Chief Brooks ACC092821

PROCLAMATION HONORING

POLICE CHIEF TAMMANY BROOKS

FOR TWENTY-SIX YEARS OF DUTIFUL SERVICE

TO THE CITY OF ANTIOCH

WHEREAS, Tammany Brooks was first hired by the City of Antioch as a Patrol Officer

in December of 1995, launching a professional journey through the ranks of the

Antioch Police Department that reached the apex of Police Chief;

WHEREAS, Chief Tammany Brooks’ commitment to the community and natural

calling to lead have been demonstrated over decades as a Police Corporal from

2002 to 2005, Police Sergeant from 2005 to 2012, Police Lieutenant

from 2012 to 2014, Police Captain from 2014 to 2017,

and Chief of Police from 2017 to 2021;

WHEREAS, Chief Tammany Brooks earned a Bachelor of Arts degree in Public

Administration from the University of San Francisco and a Master’s

degree in Leadership from St. Mary’s College;

WHEREAS, Chief Tammany Brooks is a graduate of the Senior Management

Institute for Police (SMIP), as well as the Federal Bureau

of Investigations National Academy – Class 263;

WHEREAS, Chief Tammany Brooks is honored and revered by the Antioch Police

Department for his unwavering support and recognition of the rank and file

as family and the sincere mission to protect and serve, as well as

improve the quality of life for all of Antioch’s residents;

WHEREAS, Chief Tammany Brooks is a dedicated public servant who has earned

the respect and admiration of City employees, peer agencies, community

stakeholders and Antioch residents for his ability to leverage

resources, collaborate, cooperate, and innovate;

WHEREAS, Chief Tammany Brooks emphasized and enhanced Police and

Community relations through meaningful programs like the Citizens

and Youth Academies, as well as hosted events like the Halloween

Haunted House at the Police Department, Holiday Food

Drive and Adopt-a-Family; and

WHEREAS, the City of Antioch wishes to recognize Chief Tammany Brooks

for 26 years of professionalism and service to the people of Antioch,

and express its heartfelt gratitude and appreciation for

his many contributions upon retirement.

NOW, THEREFORE, I, LAMAR A. THORPE, Mayor of the City of Antioch,

do hereby honor Police Chief Tammany Brooks for twenty-six years of

dedicated public service to our community, and wish him a

healthy and fulfilling next chapter.

SEPTEMBER 28, 2021

Please check back later for any updates to this report.

Acting as city council, the members will vote on the recommendation at a future council meeting; postpones other items to future meeting

“…this is a good policy, this is a reasonable policy, it is a common-sense policy,” – Chair Torres-Walker

By Allen Payton

During the Antioch Police Oversight Standing Committee meeting, consisting of all five council members, Tuesday afternoon, they voted to recommend to themselves at a future council meeting, a policy banning restraints that could cause positional asphyxia. However, before final adoption, they agreed to meet and confer with the Antioch Police Officers Association (APOA), and bring back two copies, the one adopted Tuesday and a red-lined copy with any changes that might be proposed. Proposed Positional Asphyxia Policy ACC-POSC 092821

Due to time constraints, the committee postponed discussion of the other two items on the agenda, the process for hiring a new police chief, and the department’s use of force policy. (See related article)

Policy Banning Positional Asphyxia

They received reports from Acting Police Chief Tony Morefield, with Lt. Joseph Vigil in attendance, on the proposed restraint ban policy.

“Does this interpretation in anyway prevent officers from performing their duties?” asked District 2 Councilman Mike Barbanica.

“There is language in this policy that will create complications with officers on the ground,” Morefield stated.

“Prone handcuffing is going to be…a potential issue,” Barbanica said. “That stood out to me…if the policy stays as is.”

He suggested a meet and confer with the APOA and to tighten up the language.

“We arrived at the language…allowing officers, as reasonably necessary, to use prone handcuffing,” Morefield said. “It’s always about keeping the public safe, officers safe.”

“We will meet with the POA before the final copy comes before the council,” City Attorney Thomas L. Smith said.

“How does PD develop a policy, normally?” Ogorchock asked.

“There are usually two mechanisms for developing policy. Although Lexipol offers standardized policy, all our policies are custom-made,” Morefield responded. “Lexipol provides updates. Any time there is a change in law, we will accept those updates. There’s also best practices. But is that the way we do business in Antioch?”

“When developing a policy from scratch…speaking of the bodyworn camera policy, patrol, records, investigation and dispatch, we did a nation-wide search for existing policy on the matter,” Morefield explained. “We found the best policy on that we could. We also had a representative from POA sit in on that. We adopted the best policy we could find that’s best for our agency. We run that policy against several criteria, public safety, officer safety, best practices, law and liability.”

Public Comments Get Emotional

Some public comments wanted more public input for development of the policy before it is adopted.

Comments included those by his father, mother, sister and other family members.

His father said all bodyweight restraints should be banned “unless there’s a high-level threat”. Quinto was attacking his mother at the time his sister called 9-1-1 and she said he had a hammer in his hand which she took from him.

His mother, speaking through tears during her call-in comments, said the proposed “policy is inadequate” and that if the restraints mentioned in the proposed policy had not been used “my son would still be alive.” She ended her comments crying heavily. Quinto’s sister spoke, next while the cries of her mother could be heard in the background. She agreed with the policy in general but wanted changes to it, saying that even Lexipol had challenges with some of the policies developed using their online sample policies.

They and others continued the disproven accusation against four Antioch officers that Angelo Quinto died as a result of a knee-to-kneck restraint. He died in the hospital three days after the incident. According to the coroner’s report, “a full examination of the neck revealed there was no evidence of strangulation or crushed airway” and that “there were no fractures of the skull, torso, or extremities.” Finally, the Coroner’s Office stated, “Although the decedent had injuries consistent with a struggle with his family and law enforcement, none of the injuries appeared to be fatal.”

During a March 2nd press conference, then-Antioch Police Chief Tammany Brooks said, “at one point during the handcuffing, an officer did briefly – for a few seconds – have a knee across a portion of Angelo’s shoulder blade. This is a common control technique taught at CA POST approved Police Academies for prone handcuffing.  At no point did any officer use a knee or any other body part to gain leverage or apply pressure to Angelo’s head, neck, or throat, which is outside our policy and training.” (See related article)

In addition, according to a KTVU News report, Quinto “succumbed to excited delirium and prescription drugs during the physical altercation with officers, the Contra Costa County Coroner’s Office.”

The family has filed a wrongful death suit against the four officers and the City.

Council Discussion and Vote

“I will say that given that this process has never existed in the City of Antioch, before, this is a good policy, this is a reasonable policy, it is a common-sense policy and was developed in collaboration,” Tamisha Torres-Walker said. “I’m pretty impressed at how far we’ve been able to come with this particular policy.”

Mayor Lamar Thorpe spoke next. ‘This is new for the City of Antioch so, I’m very pleased at the engagement with this council.” He called for “a real police oversight commission that is independent of the council.”

Thorpe then moved approval of the draft policy.

“I’ll second, but I have some clarifying questions,” Mayor Pro Tem Monica Wilson said.

“We all agree we need a policy on this. Although good work has been done on this, it feels like it has been rushed. Before we decide, I’d like to meet and confer with the APOA, then come back,” Barbanica stated. “Are we really meeting and conferring or just satisfying the rule? I appreciate, again the work that was done. I just think we need some language cleanup.”

“If we did move it forward to council, after we meet and confer, we would bring back two copies, one red-lined…that would include any edits we’re recommending,” Attorney Smith said. “Plus, the version you pass, today.”

“I would be OK with that,” Barbanica responded.

“Going back to the recovery position, you stated either side or seated. When is the judgement made for when you bring someone to side or seated position?”

“Preferably we get someone to a seated position,” Morefield responded. “It really comes down to compliance. More folks we get into handcuffs, the quicker we get to the seated…recovery position. It’s too easy to stand up. We get them on their stomach, on their side, then seated then standing.”

Thorpe then said, “I’m ready to vote. I’m fine with the redlining and bring back to council.”

The motion passed on a 5-0 vote.

Moved Other Items to Next Committee Meeting

With the meeting getting close to 5:00 p.m. when the council’s closed session was to begin, before the regular meeting at 7:00 p.m., the members voted to postpone the remaining items to the next standing committee meeting, which is scheduled for the fourth Tuesday of October.

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.