Second contract signed by city manager a month later similar to first but expands scope; city attorney claims he was unaware of it; city agreed to pay lead investigator $420 per hour, plus $180/hour for writer/editor’s time, $120/hour for intern’s time and other costs; no information on when or if the investigation has been concluded

By Allen Payton

On Friday, March 12, 2021, in response to a public records request by the Herald, Antioch City Attorney Thomas Smith released contracts with the outside investigator hired to investigate both the police officers’ incident with District 1 Councilwoman Tamisha Torres-Walker’s sons on Dec. 29. She demanded an outside investigation be conducted. According to Smith, the second contract revised the scope of work included in the first. That allowed inclusion of the councilwoman’s conduct at the scene and comments in a later online video about it. (See related article)

First Contract Signed by Police Chief, City Attorney

As Antioch Police Chief T Brooks had shared previously, he hired the investigation firm, Oppenheimer Investigations Group, LLP (pronounced aw pin high mir), to investigate the conduct of his officers in the Dec. 29 incident. That was when they stopped Torres-Walker’s 13-year-old son who was riding a four-wheeled ATV “quad” motorbike and pursued her 20-year-old son who was riding a dirt bike but fled from the scene, both on city streets. According to a letter from an attorney for the Antioch Police Officers’ Association (APOA), Mike Rains, “the officers witnessed the subjects riding these vehicles in violation of several CVC sections, including riding on the wrong side of the road (CVC § 21650) and riding a motorcycle (the rider of the dirt bike) without a helmet (CVC § 27803).” (See related article)

The stop occurred on A Street in front of a home in the 1900 block near the intersection of Walter Way. As previously reported by this writer, who drove by the scene of the stop, both the police car and quad were facing south in the right, north bound lane.

Also, according to Rains’ letter, “Unbeknownst to the officers on scene, the second rider who fled was Ms. Torres-Walker’s adult son, who apparently fled to his home where he notified Ms. Torres-Walker about the incident and the officers’ contact with her other son.”

“Although the 13-year-old was wearing a helmet, the ATV was not street legal (CVC §§ 38010, 38012) and he did not possess a valid California Driver License (violation of CVC § 12500(a)). Due to his age and the fact that the ATV would be towed, as well concerns about the second rider who fled, officers asked the 13-year-old to contact a parent who could respond to the scene and pick him up. This was done to ensure a parent, in this case Ms. Torres-Walker, was aware of the incident and to ensure the officers knew the minor would be released to a responsible adult.

A short-time later, Ms. Torres-Walker, along with her adult son, arrived in another vehicle to the location where officers stopped her 13-year-old son. Ms. Torres-Walker immediately approached Officer Prieto and Officer Rodriguez in a hostile and threatening manner as she announced her position as a City Council member and made statements to the effect of ‘do you know who I am?,’ ‘I’ll have your badge,’ and ‘I’ll have your [expletive] job, do you know who I am?’ Eventually, Ms. Torres-Walker calmed down enough for the officers to complete the paperwork to tow the ATV and issue a citation to her son. The 13-year-old son was released to Ms. Torres-Walker at the scene without further incident.”

In both Rains’ letter and a second video posted on her council Facebook page on Feb. 16, Torres-Walker said she met with Vida Thomas, a partner in Oppenheimer, and informed the councilwoman of both the investigation into the police incident with her sons, as well as her conduct and comments to and about them.

First Contract Signed Jan. 14 Focused on Police Actions

The first contract was signed by both Brooks and Smith on Jan. 14, 2021 with Amy Oppenheimer, the firm’s managing partner. It reads, “Firm agrees to conduct an impartial administrative investigation regarding police actions relating to an incident on December 29, 2020, involving Antioch Police Department and the children of an Antioch City Councilmember.” 2021.01.14 Oppenhemier Agreement

The investigators are lawyers, so the contract established an attorney-client relationship and states the “Firm’s communications, work product and final report are protected from disclosure…unless waived by the City”. The contract included payment of $420 per hour for the lead investigator, $180 per hour for an editor/writer and $120 per hour for an intern’s time, as well as other related costs of the investigation.

Second Contract Signed by City Manager, Police Chief Removes Language Focused on Police Actions

Prior to release of the contracts, attempts to reach Ms. Thomas to confirm if she was hired and by whom for the second contract were unsuccessful. But the second contract, dated Feb. 15, 2021 shows Antioch City Manager Ron Bernal’s name and signature, as well as Chief Brooks’ name and signature. It does not include Smith’s signature, nor anyone from the APOA, as Torres-Walker stated in her Feb. 16th video. 2021.02.15 Oppenhemier Agreement

“My signature is not on the second contract, which revised the scope of the investigation, because I was not notified of this contract,” City Attorney Smith shared.

However, the second contract is similar to the first, with the exception of who signed it. In addition, the second contract reads: “Firm agrees to conduct an impartial administrative investigation regarding an incident on December 29, 2020, involving Antioch Police Department and the children of an Antioch City Councilmember,” and no longer included the words “police actions relating to.”

It did not ask for a separate investigation into Ms. Torres-Walker, but the removal of the language included in the first contract is what allowed the investigation to be expanded to include her conduct and comments.

Furthermore, in her second video she stated, “On Wed., Feb. 10 at 11:00 a.m., I actually met with Vida Thomas, who is with Oppenheimer Investigations Group. They are handling the independent investigation into the situation that happened with my sons and Antioch PD.” Torres-Walker also said, “through the…interview process of the investigation, the attorney, Vida also alerted me that she is also representing the Antioch Police Officers’ Association in their request for independent investigation into my conduct.”

Only One Investigation Not Two

There was only one investigation, not two, into the incident, with the second contract expanding the scope of work from the first, which included the councilwoman’s conduct and comments. Thus, the reason for the same investigator working on both aspects of the investigation.

Questions to Staff, Torres-Walker and Other Council Members

The following questions were emailed to Bernal, Brooks, and Torres-Walker and included City Attorney Smith and the other four council members:

“How did the second contract revise and expand the scope of services outlined in the first one? Was the elimination of the words “police actions relating to” in the second contract the difference which revised and expanded the scope of work of the investigation to include Councilwoman Torres-Walker’s conduct and comments?

If so, then there was only one investigation, not two. Correct? And if that’s the case, has the investigation of all parties involved in the incident been concluded or terminated, when and by whom, and why?

Was there a cover letter for the second contract asking for a broader investigation into the councilwoman’s conduct and comments? Or was there other communication between Ron and Ms. Oppenheimer prior to the signing of the second contract?

Furthermore, since Ms. Torres-Walker stated in her Facebook video on Feb. 16 that, ‘On Wed., Feb. 10 at 11:00 a.m., I actually met with Vida Thomas, who is with Oppenheimer Investigations Group.’ and ‘through the…interview process of the investigation, the attorney, Vida also alerted me that she is also representing the Antioch Police Officers’ Association in their request for independent investigation into my conduct.’

First, to Councilwoman Torres-Walker, when did Ms. Thomas alert you to the second investigation? Was it on Feb. 10 or on Feb. 15 or 16, after the second contract was signed and prior to your video in which you mentioned it?

Second, to Ron and T (Chief Brooks), if she was alerted on Feb. 10, how would Vida Thomas know there was a second investigation before the contract was signed with Ms. Oppenheimer on Feb. 15 unless there were other communications between Ron and/or T, and Ms. Oppenheimer prior to signing the contract? If there were additional communications. Please confirm that fact and what was communicated to Ms. Oppenheimer as to what would be included in the additional scope of work, and provide that information/documentation, as well.”

They were also asked if the investigation has been concluded. If so or if not, when? If not, when will it be? Also, how much has the City been billed to date, for the investigation.

A formal records request was made on Saturday, March 13 for that additional communication if the city officials are unwilling to provide it and answer the questions.

In addition, another public records request was submitted the same day for the City to waive their attorney-client privilege and release any and all reports from Oppenheimer to the City of Antioch as described in the contracts. The City has 10 days to provide that information.

As of Monday, March 15 at 12:45 p.m. no responses to the questions were received from any city official.

Please check back later for any updates to this report.

Torres-Walker opposes new integrated software; her efforts to not use General Fund to pay for additional costs thwarted for first year.

By Allen Payton

During their meeting on Tuesday night, March 9, the Antioch Council unanimously approved the purchase of police body and car cameras, hiring two new police department staff to support the camera program on 5-0 votes, and new department-wide integrated software, on a 4-1 vote with Councilwoman Torres-Walker voting no without explanation. They also heard a presentation on the county’s new Behavioral Health Crisis Response efforts.

As part of the police reform proposals, and at the urging of Mayor Pro Tem and District 4 Councilwoman Monica Wilson, the council heard a presentation from Contra Costa County Health Services entitled Behavioral Health Community Crisis Response and directed to city staff to work with the county’s new program, as proposed by District 2 Councilman Mike Barbanica.

That is instead of having the city form their own mental health crisis response team and is expected to reduce the need for dispatching police officers to what are known as 5150 calls. Antioch Police officers support the effort.

“The goal is to increasingly be able to respond without law enforcement,” said the presenter. “We appreciate the partnership. But we understand how busy they are and don’t want to occupy their time.”

The county’s efforts launched last November. (See related article) While the program operates seven days a week, it’s not 24 hours a day, as they don’t currently have enough staff.

“We try very hard to stabilize the situation in the community,” the presenter added.

The program has three parts: Mental Health Evaluation Team which is designed to reduce law enforcement repeat calls for service and violent encounters, reduce visits to Psychiatric Emergency Services; the Mobile Crisis Team to de-escalate crisis, provide stabilization, and prevent psychiatric hospitalization; and the Mobile Response Team which is intended for youth and their families and has been operating for about 14 years.

The plan is to launch a phased implementation, this summer.

The council did not make any decision on the program but will either consider other programs and make a decision on the direction the city will go on the matter, during a future council meeting.

Police Body and Car Cameras

Following a presentation by representatives of Axon Enterprises Inc. on their police body worn and in-car cameras, the city council voted unanimously to approve the purchase of both the hardware and operating system software.

“This doesn’t end tonight, there’s going to be policy that needs to be developed,” Mayor Lamar Thorpe said.

Councilwoman Lori Ogorchock asked about the cost of tasers.

If the tasers were included in the package as a bundle, there would be a 50% cost savings.

“There are no tasers in this package, just to clarify,” Councilwoman Tamisha Torres-Walker said. “We already The mayor confirmed that tasers were not part of the agenda item

Barbanica then made the motion to approve the entire contract for the body and car cameras for the Antioch Police Department. Ogorchock seconded the motion.

“Is that amendments to the existing police budget or the General Fund budget?” Torres-Walker asked.

Thorpe said the council would decide later how to pay for them.

“We’re authorizing the city manager to make the necessary budget amendments to the 20-21 budget,” Ogorchock clarified.

“I was thinking incorrectly,” Thorpe said. “What we’re doing is leaving it in his discretion.”

City Attorney Thomas Smith attempted to ask a question of City Manager Ron Bernal

“Staff, let me remind you, please don’t do that. We’ll ask the questions,” Thorpe said to Smith.

“The budget amendment would be to add funds to the existing police budget to pay for the costs of the first year of these body cams and dash cams,” Bernal responded.

“They would probably come out of some savings…in the department,” Thorpe said.

“At this point it would come out of General Fund reserves,” Bernal responded.

“In subsequent years, the decision would come to us to decided,” Thorpe explained.

The council then approved the motion on a 5-0 vote.

“Ten years overdue but we got it done,” Thorpe added following the vote.

“I’d like to say thank you from the bottom of my heart,” said Police Chief T Brooks said. “I’m looking forward to implementing the cameras.”

Staffing to Support the Camera Program

Following a brief presentation by Chief Brooks public comments about the hiring two staff for the police department to support the new camera program, Torres-Walker once again asked about how they would be paid for.

Thorpe responded that the first year they will be paid for out of the General Fund.

“It’s going to come out of the budget reserves, then we will do our jobs as councilmembers to determine how to pay for them in subsequent years,” he said. “We are not taking money from any other program.”

Barbanica then made the motion and it passed on a unanimous, 5-0 vote.

“Another historic first for Antioch,” Thorpe then said.

New APD Software

A presentation was provided by Antioch Police Lt. John Fortner and a representative of Peregrine Technologies on new, department wide software for agency-wide data integration into one platform for real-time decisions including from body and dash cams, as well as GPS mapping.

The software complies with state laws on data security and allows APD personnel to send documents to the District Attorney’s office electronically. The software also supports the requirement in the Racial Identity and Profiling Act to collect 16 points of data on every police stop, Fortner explained.

“We’ll be able to communicate with DOJ electronically…and share with other jurisdictions,” he stated. “Allowing us to reduce violent crime in the city, especially gun violence.”

“How many agencies in the county use this?” Barbanica asked.

“Four,” Fortner stated. “Pittsburg, San Pablo, Hercules and

“How many systems will it allow you to combine into this system?” the councilman asked.

“It will be 10 systems, approximately, that will be integrated into the system, initially,” said Nick Noone, CEO of Peregrine Technology.

“So, does this software allow you to communicate out of the state?” Mayor Pro Tem Monica Wilson asked.

“Yes…it will allow us to communicate with other agencies,” Fortner responded.

“What value does this technology bring to Antioch?” Ogorchock asked.

“Some of the largest values for us…it forms a one-stop shop…and vets that information in real time,” Fortner shared, and mentioned time savings. “Increased transparency and response. It integrates with…cameras. There’s faster resolution of criminal investigations. It builds trust with the community…by getting that information to the chief of police…and the city council…that could be shared with the community.”

“Why now?” Ogorchock asked.

“In the 20 years I’ve worked in Antioch, we have never had a platform to share all of our information on one platform,” Fortner said. “In Contra Costa County we’ve been looking for how to share information…and to support operations in the field. And all of that is happening, now.”

“If we have an unfortunate situation of an in-custody death…how do we get all of that body camera footage, dash cam footage to the district attorney’s office?” Thorpe asked.

“When the district attorney’s office contracted with Peregrine…that allowed the sending of video electronically,” Fortner said. “To store that on thumb drives you’d need terabyte drives.”

“That’s all I wanted to hear you say that Peregrine is the solution…to seamlessly send information to the district attorney’s office,” Thorpe said.

“That is correct,” Fortner said.

Barbanica then made a motion to approve a three-year contract for the new software. Ogorchock seconded the motion. With no further discussion, it passed on a 4-1 vote with Torres-Walker voting no.

One victim in critical but stable condition, the other in critical condition; the city’s sixth shooting in less than a month; unknown suspect(s) sought by police; mayor makes comments about today’s, recent shootings during Tuesday night council meeting

By Lieutenant John Fortner, Antioch Police Department

On Tuesday, March 9, 2021, at approximately 11:14 AM, Antioch police officers were called to the 2100 block of Aspen Way on the report of a subject that was shot in the street.

Numerous officers responded to the scene and located a sedan stopped in the street with several bullet holes in it.  The vehicle was unoccupied.  Officers quickly learned that the vehicle was occupied by two male victims who were wounded and fled to a nearby residence.  The suspect(s) responsible for the shooting fled the scene in a vehicle and were not located.

The victims, 21- and 22-years-old, were found to have both been shot.  Officers immediately began providing first-aid and called for emergency paramedics.  Ultimately, both victims were transported to local area hospitals.  One was transported by ambulance, and the other was transported by helicopter.

The victims in this case appear to have been targeted by the suspect(s). Currently, the 21-year-old victim is listed in critical but stable condition, and the 22-year-old victim is listed in critical condition.

Antioch Police Department’s Crime Scene Investigators and Detectives with the Violent Crimes and Special Operations Units responded to the scene and took over the investigation.

Currently, detectives are working to identify any suspects or persons-of-interest. The investigation is still active, and evidence is being collected and evaluated.

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.

During Tuesday night’s council meeting, Mayor Lamar Thorpe spoke about today’s shooting and the others in Antioch, recently.

“They continue to be unfortunate. Our police department, our police chief and this council are committed to keeping our city safe,” he said. “If we have to, look at overtime or more funding for crime tips, whatever that may be.”

“There are going to be individuals…there will be people who will try to politicize these issues, as some tried to politicize police reform,” Thorpe continued. “We are above the rhetoric. We are here to do a job. Some of the misconceptions out there being promoted…is that we are trying to defund the police department. The city council has had no policy around trying to defund the police department.”

Regarding the politicization of the issues he concluded, “It’s not right and we aren’t participating.”

Earlier in the day, Thorpe posted the following comment on his mayoral Facebook page:

“Just briefed by our Chief of Police about another tragic shooting in our community. While this uptick in gun violence is being seen in many places throughout our Nation, it is still unacceptable and we shouldn’t settle for it.

In my conversation with the Chief, I informed him that if deemed necessary by the Antioch Police Department, I would seek immediate crime suppression budgetary support from the Antioch City Council.

As mayor, I have identified the following three areas where financial support may have an immediate impact on crime suppression. The areas are as follows:

• Police officer overtime;
• Gun buybacks; and
• Reward Dollars for Crime/Crime Prevention Tip Hotline

As mayor, I have made it clear that Antioch will always prioritize the safety of our community, as we will never waiver from our goal of making our city one of the safest in the state. Having only served as mayor for three months, it is moments such as the current situation in Antioch that further strengthen my resolve to reform the Antioch Police Department.

Certain reforms will build an atmosphere of trust among certain communities in order to help police prevent crime and others will refocus officers’ attention on more serious crimes vs. some mental health and homelessness 911 calls.

In the coming days, I’ll be meeting with experts from Moms Demand Action and other similar organizations to learn more about community violence prevention models for Antioch.”

APOA attorney issues statement regarding second investigation, original one into incident with her sons, and Angelo Quinto incident; 

Attorney letter to city manager reveals names of officers involved in, provides details of incident with Torres-Walker’s sons, claims she told officer, “I’ll have your [expletive] badge, do you know who I am?”;

Torres-Walker responds with second video claiming, “It’s a racket. It’s not real,” and “would not trust any results of this investigation;”

Both sides want “a fair and impartial review” and “independent investigation;”

Bernal refuses to answer questions;

Chief Brooks says outside investigation “is still moving forward”;

Mayor learns of second investigation on social media.

By Allen Payton

An attorney for the Antioch Police Officers’ Association (APOA), which represents the sworn officers who are not part of the department’s administration, issued a statement on Wednesday, March 3 regarding the comments by District 1 Antioch Councilwoman Tamisha Torres-Walker in a video she shared on her Facebook page. That was in response to an incident on Dec. 29 in which her two sons were pulled over by APD officers for riding a dirt bike and quad on city streets, which is illegal. (See related article)

Michael Rains, one of the APOA’s attorney, also provided documentation to support the fact of the second investigation requested of City Manager Ron Bernal. Torres-Walker is not happy that the same outside investigator was hired to handle both investigations. Rains also mentioned the recent Angelo Quinto case and the information about that incident with police in December was revealed during a press conference, las week. But Bernal won’t answer any questions about the matter.

One thing that both the APOA and Torres-Walker agree on is to have impartial and independent reviews.

APOA Attorney Statement

Following is Rains complete statement:

“This press statement is issued by the Law Firm of Rains Lucia Stern St. Phalle & Silver (RLS) on behalf of our client, the Antioch Police Officers’ Association (“APOA”) and its individual members. Our clients in the APOA expect and deserve nothing more nor less than a fair and impartial review of the multitude of official actions they are called upon to take on a daily basis, something which has not been occurring lately in the City.

The Antioch Police Officers’ Association was heartened that Police Chief Tammany Brooks was finally permitted yesterday to speak in factual terms concerning the unfortunate incident which culminated in the death of Angelo Quinto. The APOA is confident that a Coroner’s Inquest public hearing, when held concerning this matter, will verify the factual information discussed by Chief Brooks, and soundly refute the distortions and/or complete falsehoods previously asserted by members of Mr. Quinto’s family and their attorney. (See related article)

Since the press conference of Chief Brooks was limited to responding to false accusations made against the Department and its individual officers in the incident involving Mr. Quinto, he did not address another recent incident which resulted in members of the APOA being publicly maligned by City Councilwoman Tamisha Torres-Walker, simply because the officers were attempting to enforce statutory laws being violated by her two sons by driving off-road vehicles on public roadways and violating other rules of the road, endangering themselves and other motorists alike. In the aftermath of an approximate nine-minute public condemnation of the officers by Councilwoman Torres-Walker, the police department commenced an Internal Affairs investigation by an ‘outside’ investigator to determine if the officers who attempted to stop Ms. Torres-Walker’s sons, and who had to actually pursue them after they fled, acted appropriately.

The APOA and this law firm welcomes a fair, thorough and objective investigation of this incident and the actions of the involved officers.

But there was also a second investigation initiated as a result of Ms. Torres-Walker’s public ‘statement’ – an investigation commenced at the direction of the City Manager of Ms. Torres-Walker for the manner in which she conducted herself and the delivery of her ‘message’ to her constituents in the public. In her ‘message,’ rather than acknowledging that her sons were violating the law when officers attempted to stop them, Ms. Torres-Walker attempted to deflect the illegality of her sons’ behavior onto the police officers who were simply trying to enforce the

law. Her nine minute “statement” was shown prominently on social media sites and referred to by many who saw and heard it as a ‘recorded temper tantrum’ and ‘profanity laced rant’ directed at police officers of the Antioch Police Department.

In her ‘statement’ Ms. Torres-Walker referred to Antioch police officers as ‘a—holes’ nine separate times; she called Antioch police officers ‘mother f—ers’ 16 times; she used the word ‘f–k,’ or ‘f—er,’ or ‘f—ing’ 42 times; she used the word ‘sh-t’ a total of 11 times.

If any police officer represented by this law firm in Northern or Southern California would have publicly addressed any human being, let alone another public official, in terms similar to these, for any reason, they would have been terminated from their positions and would have rightfully deserved such a fate. The APOA is aware that City Manager Ron Bernal initiated an investigation of Ms. Torres-Walker’s outrageous behavior and the enormous discredit she brought to the City Council and the City Management of the City of Antioch. However, suddenly, very quietly, and entirely inexplicably, the investigation was discontinued, apparently as a result of pressure brought by Ms. Torres-Walker and/or her supporters. The discontinuation of this investigation is tantamount to City Management sanctioning displays of profanity and unprofessionalism at the very highest levels of City Government.

As the law firm proudly representing Antioch Police Officers’ Association, we ask Mr. Bernal and the entire City Council what will happen to one of our police officer clients if he/she dares in the future to refer to any member of the public with any profane reference not even approaching the level of vulgarity engaged-in by Ms. Torres-Walker?

The City Government’s response to Ms. Torres-Walker’s undeserved, unnecessary and patently outrageous behavior is itself a disgrace and disservice to the constituents of the City and to every member of the Antioch Police Department and the Police Officers’ Association.”

“The City has, in essence, sanctioned Ms. Torres-Walker’s venomous attack of law enforcement officers at the precise moment when community relations between the public and law enforcement are in desperate need of community leaders who step-up to both practice and preach the restoration of mutual trust and cooperation between the police and the public, and not to engage in a continuation of the vitriol of police hatred exhibited by Ms. Torres-Walker,” RLS Founding Principal Mike Rains added.

APOA Attorney Claims Second Investigation

Asked for documentation of the secondary investigation, Rains responded, “I’m very confident an investigation was started and discontinued,” and provided copies of letters from the APOA to Bernal requesting one.

“Our firm fired off a letter to Ron Bernal on Jan. 25th demanding an investigation into Tamisha Torres-Walker and as a result of that, he actually sent a follow up letter, because we hadn’t heard they had started the investigation,” Rains explained.

“The outside investigation is still going on,” he said, reiterating what Chief Brooks had stated. “The officers have been interviewed. The Law firm of Amy Oppenheimer in Berkeley was hired.”

“The City also retained that firm to do the investigation of Torres-Walker. There’s probably a contract or some kind of document from the City,” Rains stated, confirming Torres-Walker’s video comments about it.

“We were told that investigation was discontinued,” he continued. “What I know as of now the investigation into the cops continues but there is no longer an investigation into Torres-Walker.”

APOA Attorney Letter to Bernal Requesting Investigation into Torres-Walker’s Conduct

On Jan. 25, another attorney for the APOA, Timothy Talbot sent a letter to Bernal detailing the incident between Antioch Police officers and Torres-Walker and her sons, identifying the officers and requesting an investigation into her conduct and comments toward the officers.

“Re: Request for Investigation

Dear Mr. Bernal:

This firm is counsel to the Antioch Police Officer’s Association (APOA). We write on behalf of the APOA to request that the City of Antioch (City) initiate a thorough and independent investigation into the conduct of Antioch City Council member Tamisha Torres-Walker. During a recent traffic enforcement incident, Antioch police officers at the scene came into contact with Ms. Torres-Walker’s children and later with Ms. Torres-Walker herself. Based on the facts and circumstances known to the APOA (described below), Ms. Torres-Walker’s actions on that date appear inconsistent with the standards of professional and ethical conduct that all citizens and City employees should expect from their elected public officials and City leaders.

On December 29, 2020, Antioch Police Officers Calvin Prieto and Andrea Rodriguez were on duty and assigned to the Antioch Police Department’s Traffic Bureau. They, along with other officers and a sergeant, were primarily responsible for enforcing the California Vehicle Code (CVC) and investigating traffic collisions within the City limits. At approximately 3:00 p.m., Officers Prieto and Rodriguez were patrolling in the same marked police vehicle on A Street, which as you know is a heavily traveled four lane roadway. The officers each observed two subjects riding off-road vehicles on A Street, one vehicle was a dirt bike and the other a four-wheeled ATV. The officers witnessed the subjects riding these vehicles in violation of several CVC sections, including riding on the wrong side of the road (CVC § 21650) and riding a motorcycle (the rider of the dirt bike) without a helmet (CVC § 27803). In accordance with their assigned duties, the officers attempted to stop both riders because their actions put their own safety at risk as well as the safety of other drivers on the busy thoroughfare.

In attempting to conduct a traffic enforcement stop on the two riders for the CVC violations using emergency lights and sirens, the dirt bike rider managed to elude the officers in violation of CVC section 2800.4, while the ATV rider was stopped in the 1900 block of A Street. After making the stop, the officers learned for the first time that the rider of the ATV was Ms. Torres-Walker’s 13-year-old son. Unbeknownst to the officers on scene, the second rider who fled was Ms. Torres-Walker’s adult son, who apparently fled to his home where he notified Ms. Torres-Walker about the incident and the officers’ contact with her other son.

Although the 13-year-old was wearing a helmet, the ATV was not street legal (CVC §§ 38010, 38012) and he did not possess a valid California Driver License (violation of CVC § 12500(a)). Due to his age and the fact that the ATV would be towed, as well concerns about the second rider who fled, officers asked the 13-year-old to contact a parent who could respond to the scene and pick him up. This was done to ensure a parent, in this case Ms. Torres-Walker, was aware of the incident and to ensure the officers knew the minor would be released to a responsible adult.

A short-time later, Ms. Torres-Walker, along with her adult son, arrived in another vehicle to the location where officers stopped her 13-year-old son. Ms. Torres-Walker immediately approached Officer Prieto and Officer Rodriguez in a hostile and threatening manner as she announced her position as a City Council member and made statements to the effect of “do you know who I am?,” “I’ll have your badge,” and “I’ll have your [expletive] job, do you know who I am?” Eventually, Ms. Torres-Walker calmed down enough for the officers

to complete the paperwork to tow the ATV and issue a citation to her son. The 13-year old son was released to Ms. Torres-Walker at the scene without further incident.

Ms. Torres-Walker surfaced on social media a few hours after the incident and posted an approximate 9-minute Facebook live video. The video was very inflammatory and profanity-laden. While she was dismissive of her status as a newly elected City Council member, Ms. Torres-Walker made veiled threats towards the involved officers and expressed disdain for the Antioch Police Department as a whole. While the video was later removed from Facebook, it was posted by several local media outlets before it was deleted. (Publisher’s Note: see related article)

Ms. Torres-Walker’s inflammatory and misleading statements to and about Antioch police officers as they performed their official duties in a lawful and professional manner creates the alarming appearance that she intended to use her position as a City Council member to threaten, intimidate, or otherwise influence the officers into not doing their jobs. The APOA is also concerned that Ms. Torres-Walker may incorrectly believe her position on the City Council somehow exempts her and members of her family from complying with existing laws. The fact that Ms. Torres-Walker was seemingly emboldened enough by her status as a City Council member to threaten police officers during the performance of their duties is quite unsettling. As a community leader, Ms. Torres-Walker should recognize and appreciate the fact that the officers’ actions actually served to protect the health and safety of her children and the public that elected her to office.

The APOA does not take this incident or the request for an investigation lightly, as its members must not be subject to threats and intimidating conduct by the same elected officials whose decisions will directly impact their health, safety, and economic security. There can be no legitimate explanation for Ms. Torres-Walker’s disturbing conduct, and the City must initiate a thorough and independent investigation of this matter. Given the need for transparency and legitimacy, the APOA requests that the City present the matter to the Attorney General’s Office or the Office of the District Attorney for investigation.

Ms. Torres-Walker’s actions constitute a serious matter raising significant ethical and legal concerns, including but not limited to abuse of power and public corruption, as well as violations of the City’s own Personnel Rules. The police officers hired by this City are appropriately held to the highest standards of professional ethics and conduct, and our elected and appointed leaders obviously must be held to these same standards. We respectfully request this investigation be started without delay to ensure that the public can maintain confidence in

their local government. The community deserves nothing less.

Sincerely,

RAINS LUCIA STERN

PHALLE & SILVER, PC

Timothy K. Talbot

cc: Antioch POA”

“Tim Talbot is a partner at Rains Lucia Stern and he does most of the day-in, day-out collective bargaining work with the APOA,” Rains explained. “He’s on the labor side of our firm.”

Rains said he represents the officers on disciplinary issues.

Torres-Walker Confirms Second Investigation, Disappointed, Won’t Trust Results of Either

Councilwoman Torres-Walker confirmed a second investigation into her comments and conduct toward the Antioch Police officers in a second video posted on her council Facebook page on February 16. She said she wanted “to give people an update” into “what is going on with the…independent investigation into what happened with…me and my sons and Antioch PD.”

“The police chief actually did find someone, and they got in touch with me. On Wed., Feb. 10 at 11:00 a.m., I actually met with Vida Thomas, who is with Oppenheimer Investigations Group,” Torres-Walker stated. “They are handling the independent investigation into the situation that happened with my sons and Antioch PD.”

“I’m so disappointed in this process because through the…interview process of the investigation, the attorney, Vida also alerted me that she is also representing the Antioch Police Officers’ Association in their request for independent investigation into my conduct,” she continued. “And I thought it pretty odd that the same investigator, the same investigative firm or group, that was hired by the police department to look into the independent investigation of what happened to me and my sons, which was supposed to be a non-biased, independent investigation. That the same firm was hired by the Antioch Police Officers’ Association, the same people, same lady to investigate me for corruption and misuse of my council position.”

“What a conflict of interest,” Torres-Walker exclaimed. “And mind you, this is supposed to be an investigation that I don’t even think that I’m supposed to know about. However, the attorney alerted me to the fact that she is also working on said investigation.”

“So, now we see where the concerns start to arise. Because how can you represent me in one case, while at the same be building a case against me?” Torres-Walker asked.

“And so, when we say we want transparency, we want accountability and we want independent investigations into police conduct and use of force, this is not what we’re talking about,” she said with a chuckle. “This is again, another reason why we need to do better. We need to do better by civilians who make complaints and request of independent investigations. Because if this is what they call an independent investigation, this transparent, of course she was transparent because she let me know that she is not only investigating the police department and their conduct, but she’s also investigating me and my conduct, and I have no idea how that is not a direct conflict of interest.”

“I’m letting you know, now, it’s not a fair and independent process by any means,” Torres-Walker stated. “I would not trust any results of this investigation. I don’t think it’s a non-biased investigation and at this point I’m not sure if it’s an independent investigation. And I’m just so unhappy with the way this all was laid out. I mean if I had the power to, I would go back and request, and actually ask for this particular group be removed from completing the independent investigation into the case of me and my sons and ask for a new investigator, so then they could continue. I think it’s unfortunate that with what I see as a clear conflict of interest that this particular attorney would take on both cases at the same time knowing that she would have to interview me and she’s doing double duty, and it’s actually double dipping, and it’s actually not transparent, a transparent and fair process.”

“It’s a racket, it’s not real. We cannot trust the process, any real accountability around theses,” she concluded.

Torres-Walker was asked if she found an investigation of what was said by a council member and which occurred outside of their official duties unusual, but she did not respond as of publication time.

Second Attorney Letter to Bernal

A second letter from an APOA attorney, Timothy Talbot was sent by email to Bernal on Feb. 18th, reiterating the request for an investigation of Torres-Walker’s conduct:

“Re: Request for Investigation

Dear Mr. Bernal:

As you know, this firm is counsel to the Antioch Police Officer’s Association (APOA).

By letter dated January 25, 2021, we requested, on behalf of the POA, that the City of Antioch (City) initiate an independent investigation into the actions of City Council Member Tamisha Torres-Walker that occurred on December 29, 2020. To date we have not received a response from anyone acting on the City’s behalf as to whether an independent investigation will be initiated as requested by the POA. With this in mind, we would appreciate a response as to whether the City has initiated or intends to initiate an investigation.

Your courtesy and cooperation are appreciated.

Sincerely,

RAINS LUCIA STERN

ST. PHALLE & SILVER, PC

Timothy K. Talbot

cc: Antioch POA”

Bernal Refuses to Answer Questions

Several attempts to reach Bernal were made to verify if he initiated the second investigation and to answer questions about it. The following questions were emailed to him on Thursday, March 4 at 5:10 p.m. without response as of Monday, March 8: Is that true (that Bernal had initiated a second investigation)? If so, when did that investigation begin? Who participated in conducting it and did you end it before completion? Or was there a report produced as a result of it? If you ended it before completion and there’s no report, why? Finally, is that unusual for a city manager to initiate an investigation into the actions and comments made by a council member outside of their official business? What else can you say about it, please?

On Monday, March 8, the following questions were then sent to Bernal and copied to City Attorney Thomas Smith, Chief Brooks, all five council members and the City’s PIO, Rolando Bonilla:  is the councilwoman correct in stating that Ms. Thomas also served as the APOA’s investigator into her conduct, or was Ms. Thomas working for you, at the APOA’s request? In addition, is it considered a conflict of interest for the same investigator to investigate both aspects of what occurred with her and her sons, the APD and her comments and conduct? Finally, if you have discontinued the second investigation into Ms. Torres-Walker’s comments and conduct, has a new one begun using a different investigator from a different firm?

Bonilla responded via email and text, City Administration response: “We will not be commenting on this matter.”

Another email was sent just prior publication time asking for copies of the contracts with the Amy Oppenheimer Group and for the costs of both investigations, as well as when did they begin and when did the second one end. A public records request for the same was also submitted Monday afternoon.

Outside Investigation Requested by Chief Continues

When asked about the press release from the APOA’s attorney and about the department’s outside investigator for the Torres-Walker matter, Antioch Police Chief T Brooks responded, “I hired an outside investigator to investigate my officer’s conduct due to her allegations. That investigation is still moving forward.”

Mayor Not Aware

Asked if he was aware of the additional investigation initiated by Bernal, Mayor Thorpe responded, “I found out when Tamisha Walker posted a video on her Facebook page. Not the 9-minute video. It was a follow-up video,” referring to the Feb. 16 video.

Please check back later for any updates to this report.

$2.8 million for cameras, software, staffing for first five years; plus $381,000 for department integrated data software for first three years

“It’s a total game changer for us” – Antioch Police Chief T Brooks

By Allen Payton

After then-Mayor Wade Harper in June 2016 proposed the use of police body cameras, now with a majority of council members who have asked for them and car cameras, and as part of the current mayor’s Police Reform Month with support and no opposition from the public, during their Tuesday, March 9 meeting, the Antioch City Council will finally consider approving the purchase of police body-worn and car cameras, and software and hiring staff to support them. In addition, they will consider purchasing new software for the entire police department to integrate all their data.

“It’s a total game changer for us,” Antioch Police Chief T Brooks said when reached for comment. “Not only will it significantly improve our ability to move towards an intelligence-led, evidence-based model of policing, it will also help reduce costs and allow us to work more efficiently.”

Also, as part of the police reform proposals, and at the urging of Mayor Pro Tem and District 4 Councilwoman Monica Wilson, the council will receive a presentation from Contra Costa County Health Services entitled Behavioral Health Community Crisis Response and provide staff with direction on whether to work with the county’s new program, as proposed by District 2 Councilman Mike Barbanica, which begins in June, or have the city form their own mental health crisis response team. That will be instead of dispatching police officers to what are known as 5150 calls. Behavioral Health Community Crisis Response presentation

Camera Contracts & Costs

The five-year contract with Axon Enterprises Inc. to purchase the body worn and in-car camera hardware and operating system software and will cost about $1.4 million and will run from April 1, 2021 to March 31, 2026. An additional $15,000 will be spent on Evidence.com/CAD/RMS interface computer software from Mark 43. Finally, one Lead Police Records Technician and one Police Records Technician will need to be hired, at a total initial, annual cost of $263,819 for a total estimated five-year cost of $1.33 million.

The first-year costs for the Axon Enterprises camera software will be about $420,000, and a little more than $250,000 per year for each of the following four years. Axon body & dash cam presentation

Body Cams Can Take Video, Audio & Photos

According to the city staff report, the body worn cameras for 122 officers will cost $1,007,767.33 and they system is a singular unit that an officer will wear while on-duty. The camera is worn on the uniform and is forward facing. The camera can record video and audio, as well as capture still photographs. These cameras will upload content from the camera to Axon’s secure cloud-based storage system when they are docked for charging. The cameras will also include mounting hardware.

Two Cameras Per Car

According to the city staff report, the car camera system is composed of two cameras and will cost $414,341.55 for 49 vehicles. The front is mounted on the inside of the car and faces forward, capturing video. The second is mounted in the backseat area and records the backseat area of the car. Both cameras can record video and audio from inside the car and upload content to Axon’s secure cloud-based storage through the car’s mobile data computer hotspot. Police vehicles will also be outfitted with an interior and exterior antenna, modem, and hub for data.

Training Period Two to Eight Months

Axon can have the entire police department trained and using body worn cameras in as little as 60 days from the execution of the contract. The time for training and using vehicle cameras is expected to take six to eight months.

New Department Wide Software

In addition, the council will consider purchasing new police department software for agency-wide data integration into one platform for real-time decisions including from body and dash cams. The only company that offers it is Peregrine Technologies, requiring approval of a special, sole source purchase request by the council. The three-year purchase agreement for a software license will cost $127,000 annually for a total of $381,000. Peregrine Technologies presentation

In Contra Costa County, the same software is being used by Pittsburg and San Pablo Police Departments.

“Our complex and layered information sources now flow into one platform which can be easily understood by staff, partners, and community members alike. We now have an accessible visual representation of our entire department,” said San Pablo Police Captain Brian Bubar.

Tuesday’s regular council meeting begins at 7:00 p.m. and is available to watch via Comcast channel 24, AT&T U-verse channel 99, or live stream at www.antiochca.gov/government/city-council-meetings/live/.

If you wish to provide a written public comment, you may do so any of the following ways by 5:00 p.m. the day of the Council Meeting: (1) Fill out an online speaker card, located at www.antiochca.gov/speaker_card, or (2) Email the City Clerk’s Department at cityclerk@ci.antioch.ca.us.

To provide oral public comments during the meeting, click the following link to register in advance to access the meeting via Zoom Webinar: https://www.antiochca.gov/speakers or by dialing (925) 776-3057. The City cannot guarantee that its network and/or the site will be uninterrupted. To ensure that the City Council receives your comments, you must submit your comments in writing by 5:00 p.m. the day of the City Council Meeting.

 

 

Both have previous arrest records; released from custody

By Brentwood Police Department

In the middle of the night……

Earlier this week one of our patrol officers was driving on Lone Tree Way and noticed a truck pulled over to the side of the road but still partially in the roadway, creating a safety hazard. The truck was empty.

While checking the truck’s registration a male called out to the officer from across the street. The male said the truck was his.

It was determined that the license plate and VIN didn’t match the truck. The male, 26-year-old Brandon Elder (Antioch) claimed he had a key for the truck. Well? That key worked but any key would have started the truck because the ignition had been tampered with. The vehicle was determined to be stolen!

Elder was arrested for possession of a stolen vehicle, felony probation violation and given a ride to county jail.

According to localcrimenews.com, Elder has had three other run-ins with the law, this year. He was arrested on Jan. 18 by Vallejo Police for driving with a suspended license and on Jan. 30 for possession of narcotics/controlled substance. Then on Feb. 17, Elder was arrested by San Francisco Police for receiving stolen property – motor vehicle and taking a vehicle without the owner’s consent.

A few hours later, the same officer saw something else that was strange. It was about 1:30 in the morning and the officer noticed a SUV stopped in the driveway of Buffalo Wild Wings with their doors open. Curious to find out what was going on, the officer turned around and as soon as he drove up the SUV sped away in the parking lot. Moments later the officer spotted the vehicle stopped behind a commercial building. The driver, 42-year-old Noorullah Tarin (Antioch) exited the SUV and began talking to the officer. After a brief discussion officers began searching Tarin’s car, locating drug paraphernalia, small plastic baggies, a scale, two baggies of suspected methamphetamine and small denominations of cash. Tarin was booked into county jail on drug transportation and sales charges.

According to localcrimenews.com, Tarin has a history of previous arrests, all by Antioch Police in 2014, 2015 and 2018 that include drug charges, revocation of probation and a failure to appear on a misdemeanor charge.

You just never know what you will find in the middle of the night.

Allen Payton contributed to this report.

By Antioch Police Department

ATTENTION Citizens of Antioch!!

The Antioch Police Department is participating in the City of Antioch’s first Local Roadway Safety Plan to identify potential traffic safety projects. The consultant running the project created a website that provides an overview of the project including updates as the project moves forward.

As part of that process, we are asking YOU to visit the project’s website and submit any suggestions you have regarding problem locations. The consultant is seeking ANY and ALL ideas as they relate to:

Roadway design

Engineering

Lighting and signage issues

Observed traffic violations

Suggestions for enforcement efforts

Drumroll please….

The project website link is: www.antiochsafestreets.com.

From here, continue to the link titled “Report Concern.”

We at the Antioch Police Department are hoping to solicit a LARGE amount of participation from our community in this reporting effort, so the consultant will have a significant amount of information to work from in drafting a comprehensive roadway safety plan.

Thank you in advance to our citizens…we hear you!!

 

But mayor, council members not informed at that time

By Allen Payton

The Herald was informed on Thursday, March 3, by a very reliable source who chose to remain anonymous, that on Dec. 24 Antioch Assistant City Manager Rosanna Bayon Moore received an email, about the incident with Angelo Quinto on Dec. 23, from Captain Trevor Schnitzius who was the acting chief at the time. Because both Chief Brooks and City Manager Ron Bernal were on vacation at the time.

As of Monday, March 15 that was confirmed when through a public records request, the city released a copy of the Dec. 24 email from Schnitzius to Bayon Moore informing her of the incident the night before. (See UPDATE below) Email fr Schnitzius to Bayon Moore re Quinto 122420

Questions were emailed on Thursday to Mayor Lamar Thorpe, City Manager Ron Bernal, City Attorney Thomas Smith, Police Chief T Brooks and Bayon Moore asking to verify that information.

In addition, each of the other four other council members were emailed the following questions about the matter: “Were any of you aware of that? Did she contact any of you, at that time? Were you contacted by any member of city staff about Mr. Quinto’s death on Dec. 26th? Anything else you would like to share about it?”

Mayor Thorpe Not Aware

“This is breaking news, to me,” Thorpe said when asked about the email from APD to Bayon-Moore and the questions to him and city staff about it.

“In the four years that I have been on the city council I have always received a text message from the Chief of Police, whether it was Allan Cantando or Chief Brooks about major incidents,” he stated. “No one told us anything about this incident and there was no press release.”

“Even if he hadn’t texted us I would have seen the press release a few hours later,” Thorpe continued. “Usually, we get a text message and then a few hours later a press release issued.”

He reiterated that he didn’t know about the Quinto case, “Until I heard about it on social media, then during a conversation with Chief Brooks about other matters, I asked him if there had been an in-custody death.”

Like Bernal and Brooks, Thorpe was also on vacation at the time, and there are reports that he was in Mexico on a bicycle trip. While not confirming that he said, “it wouldn’t matter if I was on the moon. Someone should have contacted me and the council.”

“Whoever is in charge, whoever is acting, anything, my policy will clear things up and the council will be informed of major incidents and the policy will also including informing the police,” Thorpe added. “And the media will be in there.”

Ogorchock Responds

In response to the questions sent to her, District 3 Councilwoman Lori Ogorchock responded, “I don’t know the date that we were informed. I’m looking for it.” She had not yet found it in either her texts or emails prior to publication time.

No Responses from Other City Officials, Public Records Act Request Submitted

None of the other three council members responded to the questions emailed to them as of publication time. Since none of the other city officials responded to the emails sent to them on Thursday, March 4 asking for verification of the information, a third email was sent Friday morning, which included the City’s Public Information Officer Rolando Bonilla.

In addition, a records request search was done on the city’s Open Public Records webpage for a copy of the email from Schnitzius to Bayon Moore. Because the search produced no results, on Friday, March 5, 2021 the Herald submitted the following Public Records Act request to the city:

“Please provide a copy of the email on Dec. 24 from Captain Trevor Schnitzius, who was the acting chief at the time, to Antioch Assistant City Manager Rosanna Bayon Moore, regarding the incident with Angelo Quinto on Dec. 23.

In addition, please provide any and all email and other communications between all Antioch Police personnel and other city staff members and council members, as well as between all other city staff members and council members regarding the Dec. 23 incident and Mr. Quinto’s death on Dec. 26. Thank you.”

The City had 10 days to respond to the request for public records. If there is anything in the information requested that is deemed to require additional review, the City can take up to an additional 14 days to release it. However, the aforementioned city staff members could respond to the questions about the alleged email between Schnitzius and Bayon Moore before then.

3/17/21 UPDATE: In response to the public records request, on Monday, March 15, 2021, city staff released a copy of the email from Schnitzius to Bayon Moore and copied to Chief Brooks sent at 7:07 a.m. on Dec. 24, 2020. The subject line reads: Law Enforcement Protocol Event and “Importance: High”.

The email reads, “Officers responded to a family disturbance service call where the caller reported the subject was hurting another family member. Upon arrival, officers determined the 30 year old male resident was experiencing a mental episode. The resident was restrained in handcuffs for everyone’s safety due to his non-cooperative behavior and was to be sent for a mental health evaluation pursuant to W/I 5150. An ambulance was summoned to the residence and while awaiting the ambulance’s arrival, the subject lost consciousness.”