Antioch Mayor Wright “disturbed” by and doesn’t “agree with this approach”; 3 arrested for theft of $20,000 of alcohol in San Pablo not charged as looting; more cases affected by policy

By Allen Payton

Contra Costa County District Attorney Diana Becton issued a policy in June, that recently went public, requiring her Deputy DA’s assess the reason someone was looting during a state of emergency before filing charges against them. However, the policy doesn’t prevent police officers from arresting the looter, according to DA’s office spokesman, Scott Alonso. CCDA Looting Guidelines

In the document obtained by Red State News, and shared with the Herald today, reads:

“Theft Offenses Committed During State of Emergency (PC 463)

In order to promote consistent and equitable filing practices the following analysis is to be applied when giving consideration to filing of PC 463 (Looting):

1. Was this theft offense substantially motivated by the state of emergency, or simply a theft offense which occurred contemporaneous to the declared state of emergency?

a. Factors to consider in making this determination:

i. Was the target business open or closed to the public during the state of emergency?
ii. What was the manner and means by which the suspect gained entry to the business?

iii. What was the nature/quantity/value of the goods targeted?

iv. Was the theft committed for financial gain or personal need?

v. Is there an articulable reason why another statute wouldn’t adequately address the particular incident?”

“I am not sure how they obtained the policy. But it is our policy,” Alonso confirmed. The policy is true but the article in Red State is highly misleading and frankly wrong.”

He then shared a link to an analysis of the policy and articles about it by Red State and other publications on the Snopes website devoted to fact checking, which has some of it’s own controversial history in getting things wrong, at times.

Alonso then clarified matters by writing, “Nothing in the guidelines prohibits the police from arresting someone for a crime. It is really important to underscore these guidelines are because of the COVID-19 shelter in place given Governor Newsom’s statewide order to declare a state of emergency. We look at if the theft is because there is a state of emergency – or is this simply an offense contemporaneous to the state of emergency. We wanted to ensure consistency across the Office in considering any criminal charges for alleged violations of PC 463. Historically, prior to COVID-19 – we could find no recent evidence that our Office had filed looting charges during a state of emergency.”

“As you know, when evaluating any criminal case our prosecutors look at the circumstances surrounding the incident,” he continued. “These guidelines are consistent with how we evaluate criminal cases. The policy does not say we won’t file these types of cases. The Red State article is incredibly misleading and frankly written from a slanted point of view. The author of the piece did not reach out to us prior to publication. I appreciate you reaching out in advance of publishing anything.”

Section 463 of the California Penal Code states that a person convicted of second-degree burglary or grand theft during a state of emergency is guilty of the crime of looting, which can be punishable by imprisonment in county jail for one year. However, alternative sentencing for someone on probation can be issued for 180 days in jail and 240 hours of community service. The crime of petty theft during a state of emergency is increased to a misdemeanor punishable by six months in county jail or 90 days in jail and 80 hours of community service.

Mayor Wright Responds

In an email sent from his re-election campaign account on Monday, Antioch Mayor Sean Wright wrote to Antioch residents with the subject line, “Unbelievable what our District Attorney just did.”

“I am disturbed by our Contra Costa County District Attorney’s announcement that our police officers must consider if looters ‘needed’ stolen property before they can charge them with looting,” he wrote. “Our DA is the first and only DA in the nation urging this kind of guidance.”

“Looting that takes place in times of emergency, such as we are going through, is against the law,” Wright continued. “According to our DA, if the looters ‘need’ an item in a retail shop, for example, it is OK for them to take that item without being charged. I don’t agree with this approach – do you? Please feel free to share your thoughts on this by clicking here to send me an email.”

He then provided a link to an article about the matter on The Daily Wire.

3 Arrested for $20,000 Theft of Alcohol Not Charged With Looting

One of the cases already affected by the policy includes three people arrested during the COVID-19 pandemic for stealing $20,000 from a beverage store in San Pablo but not charged with looting. Another case involved a woman attempting to break into an ATM during the pandemic, who was also not charged with looting.

The Contra Costa Deputy Sheriffs Association and police officers’ associations in the county are expected to issue a response to the policy, soon.

“…change needed to upend a system rooted in slavery.” – District Attorney Diana Becton

By Allen Payton

In a joint commentary published on Politico.com last week, Contra Costa County District Attorney Diana Becton and four other district attorneys from across the country issued a statement on 11 criminal justice reform commitments. However, the commentary states they want to transform, not reform the system. The commentary was not sent to local media which cover Contra Costa County.

One of the points reiterates what Becton promoted in June, with other prosecutors in California, which is to ban political contributions from police unions to candidates for district attorney. However, questions to her about that issue, including asking if Becton would also support banning contributions from criminal defense attorneys, were never responded to.

The commentary begins with the claim, “Our criminal legal system was constructed to control Black people and people of color. Its injustices are not new but are deeply rooted in our country’s shameful history of slavery and legacy of racial violence. The system is acting exactly as it was intended to, and that is the problem. We should know: We’re Black, we’re female, and we’re prosecutors. We work as the gatekeepers in this flawed system.”

In that commentary, the five elected prosecutors also wrote, “ Each level of the legal system reflects a level of inherent bias, and unless we stop trying to reform the system and instead work to transform it, we will never achieve the kind of change needed to upend a system rooted in slavery. Working from within, we have begun the steps to rectify past wrongs. We are implementing policies that include declining to prosecute minor offenses, overturning wrongful convictions, refusing to take cases from officers with a history of racial bias and expunging marijuana convictions.”

“Now, we are pushing even further. We have decided to make the following 11 commitments, and we urge our fellow prosecutors to join us:

1. Do not prosecute peaceful protesters. Citizens have a right to protest, and prosecutions can antagonize marginalized communities.
2. Do not accept any funding from police unions. This will ensure our offices’ independence, and the ability to hold police accountable for injustice and misconduct.
3. Require the review of all available evidence — including body-worn camera and other video footage — in cases that rest solely on the testimony of an officer. One officer’s perspective cannot guarantee the full truth, and therefore all available evidence must be reviewed for the cases that come across our desks.
4. Ban “No Knock” warrants and reexamine our policies for issuing warrants. “No Knock” warrants are a violation of individual rights and represent an overreach of police power. They often result in unnecessary and tragic fatalities, as we saw in the case of Breonna Taylor.
5. Hold police accountable by pursuing criminal charges against officers unlawfully using excessive force and other forms of state-sanctioned violence.Each member of law enforcement must do their part to hold officers accountable for unlawful practices and misconduct to ensure the safety of every person who comes in contact with the legal system.
6. Expand our office policies on declining low-level offenses to cover decisions regarding charging and issuing warrants. By increasing our efforts to decline to prosecute certain low-level offenses, we can work to reverse the disproportionate impact the legal system has on Black people and low-income communities.
7. Financially support and advocate for increases in funding to community-led and community-defined responses, restorative justice and violence prevention programs. Investing in community-led programs is crucial to addressing the racist origins of our legal system.
8. Commit to using our office’s power and platform to advance discussions of divestment from the criminal legal system and toward community-led and community-defined responses to harm. Strong community support, restorative justice practices and diversion practices are key to dismantling the current legal system and shifting its focus from punishment toward justice.
9. Develop grant-based community reinvestment programs to be administered in partnership with community-based partners. Community programs have proved to lessen recidivism and keep people out of contact with the criminal legal system, while keeping communities safer, overall.
10. Solicit feedback from Black and brown community groups we were elected to serve through public, virtual forums in the next two weeks. Only by listening to the most impacted communities and advocates and bringing them to the table, will we truly understand their greatest needs and biggest challenges. Then, we will work together to rectify them.
11. Commit to budget transparency.A budget is a moral document, and our constituents have the right to see how we allocate our budget and what we are funding to invest in community supports and safety.”

To read the entire commentary on Politico, click here.

Unconfirmed reports of two others shot in Antioch on Friday.

By Lieutenant John Fortner, Antioch Police Investigations Bureau

On Saturday, August, 29, 2020, at approximately 10:07 AM, Antioch police officers were called to the 1800 block of Tioga Pass Way on the report of several gunshots heard in the area.

Numerous officers responded to the scene and located one male victim down on the sidewalk. The victim was found to be suffering from several gunshot wounds.

Officers immediately began providing first-aid and CPR until emergency paramedics arrived at the scene to take over. The victim succumbed to his injuries and passed at the scene.

After the shooting, the suspect fled the area and has not been located. The victim in this case appears to have been targeted by the suspect(s).

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, or Detective Cox at (925) 779-6866. You may also text-a-tip to 274637 (CRIMES) using the key word ANTIOCH.

It was also reported that there were two other shootings in Antioch on Friday, Aug. 28. A call to the APD media access line for details has so far been unsuccessful. Please check back later for information on those alleged incidents.

By Antioch Police

To celebrate National Dog Day, K9 Kona started work today with a good arrest. Our Dispatch Center received calls reporting an individual vandalizing the Antioch Water Treatment Plant with an axe.  When officers arrived, the vandal took off running and engaged in a game of hide-and-seek. Kona arrived and immediately put her superior sniffer to work! She led us on a trail that led right to a bush in a wooded area. After realizing Kona was onto him, our vandal immediately gave up, and his senseless shenanigans abruptly ended.

Our department has six police service dogs and are an integral part of our patrol teams (they’re a force multiplier!). We love our police canines and know many of you do too. On National Dog Day, please join us in a series of virtual head pats, ear scratches, and tummy rubs for Enzo, Kona, Kaia, Dex, Purcy, and Tzak!

Fun Fact: Our dogs don’t just look for bad guys and gals. They also do narcotic, article, and missing person searches! A dog’s nose is 100 times better than our own! Did someone just open a bag of treats?

The BART Police Department is launching a new initiative that gives riders another way to request assistance from officers while they’re in the system.  Text BART Police allows riders, employees, and others to directly contact the BPD Dispatch Center.  The launch builds on the success of the BART Watch app, which has been downloaded 89,000 times.

“I want to give our riders as many ways as possible to reach us while they’re on our trains and in our stations,” said BART Police Chief Ed Alvarez.  “Text BART Police makes it easy for anyone to use their phone to discreetly contact us if a need should arise.”

The number for Text BART Police is 510-200-0992.  Text BART Police is operational 24 hours a day, seven days a week and can also be used to send pictures to BPD.  Much like the BART Watch app, the number should be primarily used for non-emergency reports.  Anyone with an emergency is still urged to call 911 or contact their Train Operator.

By Sergeant Ted Chang #4362, Antioch Police Traffic Unit

On Monday, Aug. 24, 2020 at approximately 11:34 PM, an Antioch Police Officer came upon a major traffic collision between a large pickup truck and a small sedan at the intersection of Deer Valley Road and Asilomar Drive. Several witnesses advised the driver of the pickup truck ran the red light and collided into the sedan in the intersection. The male driver and female passenger of the pickup truck fled on foot. Officers conducting an area canvass located the suspect male and female a few blocks away. The 29-year-old male was placed under arrest and sent to County Jail.

The male driver and passenger of the small sedan, ages 24 and 25, were trapped in their vehicle with serious injuries. Con-Fire responded and took over 30 minutes to extricate them from the vehicle. Both were transported via helicopter to an area trauma center for treatment. Both were admitted with one still listed in critical condition.

The Traffic Unit was called out and took over the traffic collision investigation.

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.

By Antioch Police

Did you know APD has a newly formed Problem Oriented Policing unit known as the “POP Team?” Their focus is crime reduction in areas of our city identified through police investigations and from citizen complaints, while seeking long-term solutions through enforcement, outreach and community involvement (that’s a mouthful!).

A short time-ago our POP Team was patrolling a motel parking lot near East 18th Street and Cavallo Road to address complaints of human trafficking, drug sales, and stolen vehicles. They spotted an individual (who they knew was on parole for manslaughter) and stopped to check on him. Said parolee decided he did not want to comply with the terms of his early release, which require him to submit to compliance checks by law enforcement. Instead, he tossed a pistol under a parked vehicle and tried to run away. I can personally attest to every single member of this team (including the sergeant) utilizing our own APD gym on a regular basis (and never skipping cardio), so his attempt was quickly thwarted.

Once officers got their bracelets on him, a search revealed he was in possession of approximately 23 grams of cocaine and around $3,000. When they recovered the discarded pistol, it was revealed the serial number had been scratched-off, which is a condition commonly found with stolen firearms. The arrestee is currently on his way to the County Jail, and you better believe we’ll be sending the gun to the Crime Lab to cross-check against any open cases (and to see if they can restore the serial number).

This incident highlights one of the ways APD (specifically our new POP Team) will work to reduce crime in our city, including patrolling areas in need, having a working knowledge of recently released offenders, and conducting street-level investigations. If you have a tip on something that needs our attention, you can send us a text to CRIMES (274637) with the keyword ANTIOCH in the body of the text. All texters remain anonymous unless you choose to give us your contact information.

Together we can work to keep Antioch safe and stay #AntiochStrong. #APDPOPTeam

 

By Allen Payton

According to Antioch Police, about midnight Saturday night, August 6, 2020 a female driver hit the median of James Donlon Blvd. causing her vehicle to rollover. She was ejected from the car through the windshield.

She is suspected of being drunk and was taken to the hospital. The incident is still under investigation.

According to a source who chose to remain anonymous, the driver’s car hit another vehicle with two people inside, causing “front end and hood damage.”

“Yes, she got ejected. She did have vomit on her and it looked like a head injury,“ the source wrote about the driver who caused the accident, adding that her car “knocked down a pole” and “ended on its roof.”

The driver and passenger of the other car “are doing fine” the source shared.