Archive for the ‘Police & Crime’ Category

“Recent evidence”, avoidance of “impropriety” lead Antioch to hire another investigator for councilwoman’s complaints against police

Saturday, October 2nd, 2021

Councilwoman Tamisha Torres-Walker.

Of December incident with her sons and her; no details offered on the recent evidence or any impropriety in first investigation; “I have reviewed the information in question and I’m in full support of this” – Councilman Barbanica, calls for full refund from first investigation

By Allen Payton

The City of Antioch announced that a second independent attorney will be hired to investigate the complaint by District 1 Councilwoman Tamisha Torres-Walker against two Antioch Police officers for the incident involving her two sons riding dirt bikes illegally on city streets, due to “recent evidence” and to avoid “impropriety”. (See related articles here, here and here)

The first investigation conducted by attorney and company partner, Vida Thomas of the law firm Oppenheimer Investigations Group at a cost of almost $45,000 to the city, resulted in all of Torres-Walker’s claims in her complaint to be unfounded or not sustained. (See related articles here and here)

The councilwoman was not part of the decision for a second investigation, according to the city’s Public Information Officer, Rolando Bonilla.

In a press release issued Friday evening, he wrote, “Due to recent evidence brought to the City’s attention concerning an ongoing administrative investigation of a complaint brought by Tamisha Torres-Walker, and for the purpose of ensuring the City’s investigation into this matter is independent and free of even the appearance of impropriety, the City has decided to retain an alternative independent counsel to conduct further review of this matter.  In the interest of fairness to all involved parties, the City appreciates the patience of the parties and the public as the investigative process continues.  Due to the sensitive nature of the investigation and the privacy rights of those involved, the City cannot comment or provide additional information relating to this matter.  The City is taking these necessary steps to ensure that this matter is properly handled through a truly independent and thorough review of the circumstances.”

Asked “who will be the one to decide which outside investigator will be hired? The councilwoman?” Bonilla responded, “Councilmember Torres- Walker was not in the room when decision made, and she learned of decision the same way you did today.”

When asked what is the “recent evidence, was the investigator from Oppenheimer compromised, was there a conflict of interest between her or the company and either Chief Brooks or members of the APD, and what was the “impropriety” referred to in the press release, Bonilla did not respond.

Torres-Walker was asked, “do you have any comment you would like to add to this that you want the public to know? When were you informed of this?” and “were you part of the decision to hire a separate independent counsel to investigate your complaint?”

In addition, questions were sent to former Police Chief Tammany Brooks, whose last day was Thursday, Sept. 23, asking for comment and, “have you seen this press release and are you aware of the recent evidence and the accusation of impropriety with the outside investigation of Councilwoman Torres-Walker’s complaint?”

Acting Chief Tony Morefield was asked the same questions, Saturday morning.

The councilwoman, two police chiefs and Bonilla did not respond before publication time.

UPDATE: District 2 Councilman Mike Barbanica weighed in on the matter, Saturday afternoon.

“This is a personnel matter so, there are a lot of things I can’t comment on. But what I can say is I have reviewed the information in question and I’m in full support of this. I will tell you Councilwoman Torres-Walker had absolutely nothing to do with. I’ve dealt with several outside investigations during my time as a police administrator, and I’ve sent a message to city staff asking them to demand all of our money refunded from the previous investigation.”

“I do not in any way support her video rant, the way she spoke against the police department shown in her video. I’m not excusing anything she did it. I feel it was not becoming of a council member,” he added. “But I believe in due process, and this is the course of action for anyone.”

Please check back later for any updates to this report.

Antioch SWAT helps in multi-agency arrests of two men for illegal guns early Tuesday

Wednesday, September 29th, 2021

Antioch Police Special Weapons And Tactics Team. Photo by APD

By Lieutenant D. Bittner #3252, Community Policing Bureau, Antioch Police Department

On Tuesday, Sept. 28, 21 at approximately 5:00 am, the APD SWAT Team assisted the El Dorado County Sheriff’s Office, Sacramento County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives in the service of two search and arrest warrants. The first search/arrest warrant was served in the 300 block of West 20th Street for Juan Manriquez (20 years old) and the second location was at the Twin Creeks Apartments, 1111 James Donlon Boulevard for Anthony Smith (28 years old) at 6:15 am.

Both of these subjects were wanted on a variety of firearm related charges. Investigators located illegal assault rifle parts, conversion kits and manufacturing tools at the West 20th Street house. Investigators located an illegal handgun with a fully automatic switch and ammunition at the James Donlon apartment. Both subjects were arrested without incident.

According not localcrimenews.com, Manriquez was also arrested by Antioch Police on July 18, 2020 for being an addict in possession of a firearm, and carrying “a loaded firearm while in a class prohibiting possession.”

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.

Allen Payton contributed to this report.

Antioch Council, police department, others honor outgoing Police Chief Brooks, offers his final remarks to staff, community

Tuesday, September 28th, 2021

Police Chief Tammany Brooks takes his final walk from the Antioch Police Facility on Thursday, Sept. 23, 2021, as members of his department’s staff applaud. Screenshot of APD video.

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.

During the Sept. 28th Antioch City Council meeting outgoing Chief Tammany Brooks (bottom left) was honored by county Supervisor Federal Glover (bottom right) and State Senator Steve Glazer (center right). He was also honored by Supervisor Diane Burgis who sent a prepared video.

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.

Antioch Police Oversight Committee recommends policy banning restrains that can cause asphyxia on 5-0 vote

Tuesday, September 28th, 2021

Video screenshot of the Sept. 28, 2021 meeting of the Antioch Police Oversight Standing Committee which includes all five council members, and attended by City Attorney Thomas L. Smith (bottom left), City Manager Ron Bernal (bottom center), Acting Police Chief Tony Morefield (center right) and Lt. Joseph Vigil (bottom right).

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.

Two arrested after victim of armed robbery at Antioch business gives chase, shot at Tuesday morning

Tuesday, September 28th, 2021

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.

 

Outside investigation demanded by Antioch councilwoman costs city almost $45,000

Monday, September 27th, 2021

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)

Antioch Police Oversight Committee to consider ban on restraints, changes to chief hiring process, use of force policy Tuesday afternoon

Monday, September 27th, 2021

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?

From ICCMA.

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.

PG&E disputes Shasta County criminal charges related to 2020 Zogg Fire

Saturday, September 25th, 2021

2020 Zogg Fire statistics. Source: CalFire

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.