Took jury an hour to find Matthew Nutt not guilty

“Officer Nutt did exactly what he was trained to do and what the law allows him to do in order to control a man wanted for a serious and violent crime,” defense attorney Nicole Pifari

“All the glory to God” – Matthew Nutt

Appealing his termination, City agrees to arbitration

By Allen D. Payton

A year after being terminated then charged with misdemeanor assault during a 2022 traffic stop incident, former Antioch Police officer Matthew Nutt was acquitted by a jury on Thursday, June 13, 2024.

As previously reported, in May 2023, Nutt was terminated from his employment as the result of an internal investigation into his use of force against an individual during a traffic stop on July 1, 2022. During the incident, Mr. Nutt learned the driver of a vehicle stopped for not displaying license plates had an outstanding felony warrant for shooting at an inhabited dwelling or occupied vehicle and conspiracy. Upon placing the individual under arrest, he refused to sit in the back of a police vehicle and displayed physical resistance. Mr. Nutt used force against the arrestee, consisting of a series of punches and kicks, along with knee and elbow strikes.

Nutt was represented by attorney Nicole Pifari, a partner in the Rains Lucia Stern St. Phalle & Silver, PC Legal Defense Group, whose lead partner,  Mike Rains, represents the Antioch Police Officers Association. According to her bio, “She has successfully defended police officers from criminal prosecutions in both state and federal court, and also represents officers around the state facing administrative investigation, disciplinary appeal, or the trauma of involvement in critical incidents.”

Pifari issued the following statement about the acquittal: “Antioch Police Officer Matthew Nutt Found Not Guilty

Today, after one hour of deliberation, a Contra Costa County Jury acquitted former Antioch Police Officer Matthew Nutt at the conclusion of a one-week trial. Nutt was charged with misdemeanor assault after using force while arresting a man for a felony warrant. He was represented at trial by Nicole Pifari of Rains Lucia Stern St. Phalle & Silver, PC.

The call originated with a traffic stop where the passenger in the car had a warrant for two felonies related to a drive by shooting. After being handcuffed, the suspect tried to run, then began to resist, leading to a physical struggle at the door of the patrol car with two officers. At well over 300 pounds, the suspect was overpowering the officers when Nutt used a series of body strikes to gain his compliance. 

“First and foremost, we are incredibly grateful to the jury for their work. I remain perplexed by this criminal filing. In my opinion it was nothing more than a knee-jerk reaction to the video. The prosecution failed to call a single percipient witness with the most glaring omission being their failure to call the shooting suspect. Basically, the prosecution tried to ruin a decorated police officer and veteran’s life without any evidence,” said Pifari. 

“Officer Nutt did exactly what he was trained to do and what the law allows him to do in order to control a man wanted for a serious and violent crime,” Pifari added. 

“All the glory to God,” Nutt added. 

When reached for comment about the acquittal Rains said, “I knew the case. I was talking with Nicole about it, the motions before trial and the way the case was going to be prosecuted by (Chief Contra Costa Assistant District Attorney) Simon O’Connell. I had seen the video and we discussed it.

“I couldn’t believe that Simon thought he could ever get a conviction on this case without even offering up a use of force expert who said the use of force was unreasonable,” Rains continued. “He apparently thought he was going to put the video up there. He called a video guy (to testify) who said he was asked to look at the punches that Nutt delivered to the victim.”

“Nicole appropriately asked the video expert, ‘Were you asked to look at what the alleged victim was doing to prompt the officer to do what he did?’ He said, ‘no, I wasn’t asked to do that’,” Rains stated. “To freeze the frame showing what Officer Nutt did and not freeze a frame showing this guy kicking at the officer and refusing to get into the car was entirely misleading. This is a prosecutor who doesn’t care about showing the truth to the jury and they saw it very clearly.”

“The trial only took a few days. It didn’t take the jury long, only an hour to reach a verdict,” Rains shared. “Thats because Simon O’Connell is such a poor prosecutor.”

“Nicole put Nutt on the witness stand. He’s an honest man. The jury believed what he said, and they came back with a unanimous not guilty verdict” Rains continued. “It was a slam dunk win for the defense and what amounted to a condemnation by the jury of Simon O’Connell, (DA) Diana Becton and the District Attorney’s Office for bringing this case.”

Termination Based on Department Policy, Not the Law

According to the Antioch Police Department, Mr. Nutt’s application of force triggered an automatic review of his body-worn camera footage. The reviewing supervisor had concerns about what was depicted in the video and believed Mr. Nutt may have violated Antioch Police policies governing use of force. The supervisor communicated his concerns through official channels, and an internal review was initiated. Mr. Nutt was placed into an assignment with no direct public contact.

After a thorough investigation, Mr. Nutt was sustained on four (4) use of force policy violations, including using unreasonable force, failure to de-escalate, and failure to use alternative tactics. Chief Steven Ford reviewed the findings of the investigation and terminated Mr. Nutt from his employment with the Antioch Police Department on April 21, 2023.

Asked if Nutt’s termination by the department was included in his prosecution, Rains said, “I don’t believe that came in. The administrative side of the case is not usually brought into a criminal case.”

“It’s not based on a violation of the law but only looks at the department policy,” he continued. “The department standard for discipline would be the mere preponderance of the evidence. Understand, a jury can only convict on a crime beyond a reasonable doubt. So, it’s a different standard.”

“The only reason Matthew Nutt was terminated is because it was in the heyday of the text scandal and I know there was immense pressure on Chief Ford,” Rains stated. “I don’t think he wanted to terminate this young man.”

Termination Appealed Will Go to Arbitration With City

“We’ve appealed his termination and have agreed to go to arbitration,” he added.

Asked when that will occur, Rains said, “We don’t have it scheduled yet. We were waiting for the criminal case to end.”

UPDATE: DA’s Office Responds

In response the DA’s Office PIO, Asregadoo wrote, “Though the verdict was not in our favor, we acknowledge the importance of a jury trial in ensuring a fair and impartial legal process.”

Sonia Ledo proudly announced today she is the only State Assembly candidate in District 15 who is endorsed by four local police associations and the Deputy District Attorneys Association in Contra Costa County.

Ledo secured endorsements from the Walnut Creek Police Association, Concord Police Association, Martinez Police Officers Association and BART Police Officers’ Association. The Contra Costa County Deputy District Attorneys Association also endorsed the Assembly candidate for her commitment to address low-level crime and keep dangerous criminals off the streets.

“As representatives of the Martinez Police Officers Association, we wholeheartedly endorse Sonia Ledo for the California State Assembly seat in District 15,” said Martinez POA Board President Sean Angoco. “Sonia Ledo’s unwavering support for law enforcement is unparalleled. Sonia’s commitment to addressing urgent issues such as public safety is deeply rooted in her understanding of the critical role law enforcement plays in safeguarding our communities.

We believe Sonia Ledo’s unwavering support for law enforcement, coupled with her fairness, transparency, and strong work ethic, make her the ideal candidate to represent us in the State Assembly. We urge you to join us in supporting Sonia Ledo on November 5th for a safer and brighter future for California.”

Concord Police Association Board President Paul Van Diver referred to Ledo as “a true champion for public safety and community well-being”. He believes Ledo is “an obvious and compelling choice for endorsement because her consistent dedication to upholding important values only solidifies her as an exceptional candidate.”

Shane Reiss, President of BART Police Officers’ Association said, “BART POA endorses Sonia Ledo because she’s the only candidate in this race that opposes Prop. 47 and she believes in enforcing laws and keeping dangerous criminals off the streets.”

“I am honored to have earned the endorsements of so many local law enforcement organizations within Assembly District 15”, Ledo said. “It says they believe in me to go to work on day one in Sacramento and address the failed policies of the last decade. Such failed state policies have made us less safe in our communities while shopping, enjoying public spaces, and even in our own homes. We need new direction in Sacramento and that’s what I will bring”, Ledo said.

Her plan for improving public safety is a comprehensive four-part approach that includes a focus on police, prosecutors, judges and rehabilitation.

Ledo will work for:

• Better recruitment, training and technology programs for our police departments;
• Tougher mandates for prosecution of criminals by our district attorneys;
• Stricter sentencing guidelines for our judges; and
• Mandated rehabilitation and transition services for first-time offenders and those who have served their time.

The 15th Assembly District includes all of Antioch. For more information, contact Sonia Ledo at info@SoniaLedo.com call 925-567-9988 or visit SoniaLedo.com.

Keith Kenard Asberry, Jr. has history of arrests and crimes dating to 2005 including for murder

Alameda County-wide backlog in rape kits and failure of Berkeley PD sending in Asberry’s DNA for testing delayed his identification as suspect in 2008 case

By Alameda County District Attorney’s Office

OAKLAND, CA— On Friday, May 31, 2024, Alameda County District Attorney Price Pamela Price announced the sentencing of Keith Kenard Asberry, Jr. (39) of Antioch, who was convicted last month after a jury trial on the charges of kidnapping, rape, burglary, and assault. Asberry was sentenced to 75 years to life by Honorable Judge Thomas Reardon in Alameda County Superior Court after being found guilty.

During the trial, the prosecution presented compelling evidence showing that in 2008, Asberry approached a teenager as she was getting in her car on Alston Way near Berkeley High School. The evidence also showed that Asberry used a gun to force the victim to drive to a dead-end street where the sexual assault occurred and then further forced the victim to use her ATM card to withdraw $200 from her bank account.

In the 2015 incident, Asberry walked into the home of the victim, who had just finished unloading her car from a shopping trip. A short, violent struggle ensued as the victim fought off the attack, prompting Mr. Asberry to run out the front door.

The jury found Asberry guilty of kidnapping to commit sex crime with true findings of an allegation of use of a firearm, kidnapping to commit robbery with true findings of an allegation of use of a firearm, forcible penetration with findings of allegations of use of a firearm, aggravated kidnapping, and tying and binding, forcible oral copulation with true findings of allegations of use of a firearm, aggravated kidnapping, and tying and binding, forcible rape with true findings of allegations of use of a firearm and aggravated kidnapping, all felonies. Mr. Asberry was also found guilty of first-degree burglary with a true allegation of a person being present and misdemeanor assault.

“Today’s sentencing is a testament to our commitment to seeking justice for victims of sexual violence,” said DA Price. “Keith Asberry’s actions were vile, and this sentence reflects the severity of the crime and its impact on the victim. I commend the work of the prosecutorial team, the inspector assigned to the case, and the victim-witness advocates for the services and support provided to the victims.”

Judge Reardon imposed the maximum sentence allowed under the law for these convicted charges, which is 75 years to life plus 36 years.

According to localcrimenews.com, the six-foot-four, 180-pound Asberry was arrested once in 2014 by Antioch PD on a warrants or hold only and four times in 2015 by Emeryville PD, U.C. Berkeley PD and by Alameda County Sheriff’s Deputies for the aforementioned crimes, plus false imprisonment by violence, burglary, conspiracy to commit a crime, addict in possession of firearm and violation of probation. In 2018 he was arrested by the Alameda County Sheriff’s Department for murder.

A 2018 report by Berkeleyside provides details of the various other crimes including when Asberry was “charged with the murder of an Albany dental student in her Kains Avenue apartment three years” before. “The Albany Police Department…announced the break in the fatal shooting investigation from 2015. Randhir Kaur, 37, was found dead in her apartment…on March 9, 2015.”

In addition, “DNA testing of Asberry’s blood tied him to…a 2005 sexual assault and home-invasion case in El Cerrito.”

A 2016 report by the San Francisco Chronicle “focused on the county-wide backlog of rape kits at that time, but also highlighted how the Berkeley Police Department’s failure to send in Asberry’s DNA for testing delayed the discovery of the alleged culprit in the 2008 case. Police said the rape kit had ‘fallen through the cracks,’ the Chronicle reported, but said they could not explain why.”

According to the Alameda County Sheriff’s Office, Asberry is Black, was born on Aug. 24, 1984, used multiple aliases including “Joey”, and being held in the Santa Rita Jail.

The Alameda County District Attorney’s Office (DAO) is one of California’s largest prosecutors’ offices and is led by Alameda County’s first Black woman District Attorney who is facing recall on the November ballot.

Allen D. Payton contributed to this report.

Case at the center of Racial Justice Act Violations from police text messages

Defendants receive sentences of 13 years, 8 months to 20 years in prison

By Ted Asregadoo, PIO, Contra Costa District Attorney’s Office

Martinez, California – On May 6th, the Contra Costa District Attorney’s Office reached a resolution in the 2021 murder of Arnold Marcel Hawkins and the attempted murder of Aaron Patterson. This murder was a seminal case in Contra Costa County regarding the California Racial Justice Act.

The defendants, 23-year-old Terryonn Deshawn Pugh, 25-year-old Eric James Windom, 25-year-old Keyshawn Malik McGee, and 23-year-old Trent Allen, were charged by the Contra Costa District Attorney’s Office on a six-count felony complaint with enhancements in November 2021 (People v. Pugh, Windom, McGee, and Allen).

On March 9th, 2021, the four defendants engaged in a shooting in the City of Antioch wherein they discharged firearms at a vehicle in a residential neighborhood. The barrage of bullets killed Arnold Hawkins and injured another person. (See related article)

As previously reported, on March 31, 2021, Windom was arrested in Merced, and McGee was arrested in Los Angeles, for the attempted murder and drive-by shooting perpetrated on Aspen Way in Antioch.

Later that morning, in Antioch, a fugitive apprehension team consisting of the Antioch Problem Oriented Policing Team and undercover detectives, attempted to contact Trent Allen as a passenger in a vehicle. Allen fled on-foot through a business parking lot and was chased through a residential neighborhood. The fugitive apprehension team caught Allen and took him into custody for his role in the attempted murder and drive-by shooting on Aspen Way.  

Later the same day, the Antioch fugitive apprehension team located Terryonn and Armonie Pugh, both parolees-at-large, hiding out in an apartment complex in American Canyon, between Vallejo and Napa. With the assistance of American Canyon PD, and the Napa County Sheriff’s Office, Terryonn Pugh was taken into custody as he tried to flee to a waiting vehicle. Armonie Pugh was taken into custody, without incident, pursuant to a search warrant for the location.  During the search, a firearm and a large amount of cash were seized.  Terryonn Pugh was additionally arrested for the attempted murder at the Lone Tree Way gas station, and for his part in the attempted murder and drive-by shooting on Aspen Way. (See related article)

Also, as previously reported, the four were part of the arrests of 48 gang members and associates during a complex, six-month investigation involving 24 agencies, for murder, attempted murder and illegal guns. The effort removed 40 firearms, including 15 “ghost guns” off the streets and over $100,000 in cash. (See related article)

Unrelated to the shooting that killed Arnold Hawkins, a joint District Attorney’s Office/FBI investigation was initiated into allegations of police misconduct by officers in the Antioch and Pittsburg Police Departments. During that separate investigation in early 2023, investigators found a trove of racist text messages exchanged by Antioch police officers. These messages revealed that while investigating the murder suspects that took the life of Arnold Hawkins, the officers were sending and receiving messages about the murder suspects that included racist slurs, images, and written descriptions. The text messages violated the California Racial Justice Act (RJA) — a law that prohibits bias, animus, and racially discriminatory language based on race, ethnicity, or national origin in charges, convictions, and sentences. (See related articles here and here)

In March 2023, the District Attorney’s Office notified the court and the defense bar of the potential RJA violations as it related to open and adjudicated cases. Moreover, as part of the discovery process, the District Attorney’s Office disclosed investigative reports detailing incidents of racial bias and animus in the text messages sent and received by some members of the Antioch Police Department. (See related article)

Having already filed a motion challenging disproportionate filings in murder cases under the RJA, the defendants filed a second challenge predicated upon the racial bias exhibited by the Antioch police officers investigating the murder case. After multiple hearings, the court dismissed the special circumstance allegations, as well as the gang and firearm enhancements on February 5th, 2024. The case was set for trial when a resolution was reached between the District Attorney’s Office and the defendants.

In resolving the case, the four defendants have entered pleas of no contest to the following:

Terryonn Pugh: No contest on two counts of attempted murder and voluntary manslaughter – with an additional punishment for the use of a firearm. He will be sentenced in Martinez on May 8th, 2024, to 20 years in state prison.

Eric Windom: No contest on one count of attempted murder and voluntary manslaughter — with an additional punishment for the use of a firearm. He will also serve a concurrent term for a robbery that is unrelated to this case. Windom will be sentenced in Martinez on May 8th, 2024, to 19 years in state prison.

Trent Allen: No contest on one count of attempted murder and voluntary manslaughter — with an additional punishment for the use of a firearm. He will also serve a concurrent term for an unrelated robbery. Allen will be sentenced in Martinez on May 10th, 2024, to 19 years in state prison.

Keyshawn McGee: No contest on one count of attempted murder and voluntary manslaughter — with an additional punishment for the use of a firearm in both the murder and voluntary manslaughter charges. McGee will be sentenced in Martinez on May 10th, 2024, to 13 years, 8 months in state prison.

“Seeking justice for these serious offenses was complicated by violations to the Racial Justice Act,” said District Attorney Diana Becton. These lengthy prison sentences ensure accountability and promote community safety. Hopefully, the outcome will help to heal the loss the victims and survivors experienced.”

Case No. 01001976380 | The People of the State of California v. Pugh, Windom, McGee, and Allen

Allen D. Payton contributed to this report.

For shooting, killing 24-year-old mother of his child following 2022 mistrial

During second trial suspect stabs his own attorney, threatened to murder jurors

By Ted Asregadoo, PIO, Contra Costa District Attorney’s Office

Martinez, California – A jury in Martinez found a 28-year-old Oakland resident guilty of murder, conspiracy to commit a crime, possessing an assault weapon, and shooting at a motor vehicle in Antioch on June 27th, 2020.

Ramello Darryl Randle (born 7/13/95) was initially charged in 2020 by the District Attorney’s Office for these offenses. However, Judge Charles Burch declared a mistrial in 2022 due to Randle’s disruptive outbursts in court. The case was refiled by the District Attorney’s Office and heard by Judge John W. Kennedy.

Despite a melee on March 19th that Randle started in the courtroom – which resulted in injuring Randle’s attorney and assault towards the prosecutor – the trial concluded on March 21st. After deliberations, a jury reached guilty verdicts on all counts of fatally shooting 24-year-old Jonaye Lahkel Bridges and injuring her friend. According to prosecutors, Randle meticulously planned the attack by placing a tracking device on Bridges’ car, tracing her movements to a convenience store in Antioch. Subsequently, he approached the vehicle and unleashed a barrage of bullets from a pistol equipped with an extended magazine.

Deputy District Attorney Kevin Bell said, “Jonaye Bridges was the young mother of two children, including the two-month-old son that she shared with Mr. Randle – and he took her life in a senseless and heinous crime. He did so, in part, with the misguided belief in technology as a shield for his actions. But that technology only led to his downfall.”

As previously reported, Randle and Bridges were in a dating relationship. She and an intentionally unnamed 27-year-old male were in a vehicle together in the parking lot of the 7-Eleven, located at 2301 Buchanan Road in Antioch. Randle saw the two victims together in the vehicle. Randle approached the vehicle on foot and fired multiple rounds into the vehicle with a semi-automatic pistol. Bridges suffered several gunshot wounds and was pronounced dead at the scene. The unnamed male suffered non-life-threatening gunshot wounds and was transported to a local hospital, where he was treated and later released.

During the second trial, Randle stabbed his attorney with a pen and now faces additional charges of attempted murder, assault with a deadly weapon and battery. He also threatened to murder the jurors if they convicted him.

According to the Contra Costa Sheriff’s Department, the five-foot, nine-inch, 185-pound green-eyed, non-Hispanic Randle, who is listed as Black by Vinelink, is being held in the Martinez Detention Facility.

He will be sentenced on April 19th in Department 8 in Martinez at 8:30 am.

Case No: 04-200034-7 | The People of the State of California v. Randle, Ramello Darryl

Allen D. Payton contributed to this report.

Matthew Buckley was charged with 6 felonies for actions while serving search warrant in Antioch; former Officer of the Year will serve 3 years & 8 months in prison

By Ted Asregadoo, PIO, Contra Costa District Attorney’s Office

Martinez, California – Today, the Contra Costa County District Attorney’s Office reached a negotiated plea against 42-year-old Matthew Allen Buckley, of Pinole, for offenses that occurred when he was a deputy with the Contra Costa County Sheriff’s Office.

Buckley was charged in February 2023 with six felonies and one misdemeanor related to offenses that occurred in 2020 and 2022. In a negotiated disposition, Buckley pled no contest to three felonies, including possession of an illegal assault weapon, filing a false police report, and preparing false documentary evidence [PC30605, PC118.1, and PC134]. Buckley will receive a three years and eight months prison sentence, which he can serve on mandatory supervised release if he successfully completes a six-month drug rehab program.

The case began in September 2020 when Buckley, assigned to the Contra Costa County Anti-Violence Support Effort (C.A.S.E), participated in a task force executing a search warrant in Antioch. During the operation, Deputy Buckley seized two illegal AR-15s, phones, laptops, heroin, and drug paraphernalia.

After seizing the AR 15s, Deputy Buckley authored a police report where he falsely claimed to have booked the firearms into evidence. Instead of booking the illegal weapons, Buckley separated the upper sections from the lower sections of the firearm. He returned possession of the upper sections of the firearms to the original owner, but never returned the lower sections of the firearms.

As part of this investigation the Contra Costa County Sheriff’s Department discovered that Deputy Buckley created false documents and signed for a judge without his consent on multiple search warrant returns for unrelated cases.

In August 2022 as the investigation was concluding, Deputies with the Contra Costa County Sheriff’s Office searched Buckley’s residence and found the lower sections of the AR-15s as well as a small amount of methamphetamine.

According to his Linkedin profile, Buckley worked for the Sheriff’s Office for 15 years, including his final three years and 10 months as a detective. Previously, he had worked as an Emergency Medical Technician (EMT), Field Training Officer and then a Station Supervisor for ProTransport-1 ambulance service in Pleasant Hill. He started his work life as a Network Security Engineer for Bank of American in Concord.

In 2019, he was named the department’s Officer of the Year.

Pursuant to California Government Code, Matthew Buckley will be legally ineligible to serve as a police officer. Moreover, convicted of felony offenses, Buckley is prohibited from possessing firearms and ammunition.

“He’s reaching. He’s reaching. Drop the gun.” – Officer Thomas Borg’s statements and command to Daniel Mackin

Suspect’s next court appearance tomorrow morning, Feb. 6

By Allen D. Payton

Following two Public Records Act (PRA) requests of the Antioch Police Department which were denied, and a PRA request of the Contra Costa District Attorney’s Office, the latter released body cam video footage of Antioch Police Officers Thomas Borg and Shawn Marques to the Herald, last week, showing the Oct. 1, 2023, shooting of Daniel Jackson Mackin, as he ran from them and two other officers in the 200 block of W. 3rd Street. That followed the release of the videos for a report by the East Bay Times the previous week. Officers claim Mackin, who was wanted for homicide, pointed a gun at them.

The other two officers who also shot at Mackin were previously identified as Kyle Armstrong and Dustin Dibble. Armstrong was given his oath of office just four days prior.

Lt. Rick Martin of the Investigations Bureau initially reported, “Inside the vehicle officers located a male subject who was in possession of a firearm. Officers gave commands to the subject who refused to comply with orders given. The subject attempted to flee in the vehicle but was unsuccessful. The subject abandoned the vehicle and fled on foot with the firearm in hand.”

Antioch Police had previously released screenshots of the body cam footage showing Mackin with a gun in his hand. His family claimed Mackin did not fire his gun and was shot in the back nine times. But that has not been confirmed by APD.

Details of Body Cam Video Footage

In the video from Borg’s body cam, he can be heard saying “Stop the car” as Macking was revving the engine to the van he was driving. After Mackin exited the van, at the 5:56 mark Marques could be heard yelling, “He’s reaching. He’s reaching” before the chase ensued. He can then be heard yelling at Mackin, “Drop the gun”.

In the video from Marques’ body cam, he can be heard yelling at Mackin, “Get your hands up” followed by the sound of multiple gunshots. Another officer could be heard saying, “Get on the f—ing ground”. Marques could also be heard shouting commands at his K-9, who participated in the chase, including, “Off, off” multiple times following the shooting. (See Borg video and Marques video. WARNING: Videos contain violence and profanity that may not be suitable for children and some viewers)

Mackin Wanted for Homicide

As previously reported, Mackin had a warrant for his arrest for homicide which occurred earlier last year. APD reported on Oct. 20 that an Antioch Community Service Officer located two vehicles parked in a carport in the 200 block of West 3rd Street. Both vehicles were suspected of being involved in a recent burglary within the City of Antioch. One of the vehicles was determined to be stolen. Officers Dibble and Officer Marques arrived a short time later to assist the CSO. Officer Marques peered into the van and noticed a male subject (Mackin) asleep inside with a gun close by his hands. The officers backed away and requested additional units to the scene.

As officers arrived, Mackin awoke and began moving within the vehicle. Officers gave commands and Mackin did not comply. Mackin started the vehicle and proceeded to drive towards the officers and exit the carport. The vehicle became disabled and was high centered on a grassy berm. With Mackin still in the driver’s seat, Officers on scene tried to de-escalate the situation by giving loud and clear commands. Ultimately, Mackin opened the side passenger doors to the van and fled on foot with the gun in his hand.

All four officers followed south on the A Street extension from West 3rd Street. While running, Mackin turned toward the officers, pointing the handgun in their direction. Fearing their safety and the safety of the public, the officers fired their duty weapons, striking Mackin several times. Officers immediately began rendering first aid and Mackin was transported to a local hospital to be treated for his injuries and is expected to survive. No officers or other members of the community were injured during this incident. Officers involved were temporarily placed on routine, paid Administrative Leave.

Once Mackin was positively identified, records check revealed Mackin was on Post Release Community Supervision (PRCS) for a felony conviction. Mackin also had a Ramey warrant for his arrest for his involvement in a homicide. Mackin was later booked into Martinez Detention Facility on the following charges:

• Ramey Warrant – 187 PC homicide / 211 PC robbery
• 245 (c) PC – Assault with a deadly weapon on a Peace Officer
• 29800 PC – Felon in possession of a firearm
• 496 (d) PC – Receiving a stolen vehicle
• 148 (a)(1) PC – Resisting arrest

On Oct. 23, Blair Mackin posted a video of the shooting on the Antioch Herald Facebook page below the post of the article about it. It shows Mackin running away and the sound of gunfire then officers firing their weapons. But part of the exchange is obscured by trees and the last half Mackin isn’t in view.

Then civil rights attorney Melissa Nord posted the video on her Twitter/X feed, that same day, as did Henry Lee of KTVU.  Nold wrote with her post, “It sure looks like Daniel Mackin is just running away when Antioch PD shot him in the back 7x. In this bystander video I don’t see him turn around or point a gun at officers like the press release claims, I see him trying to outrun a K9. Facts matters. Transparency matters.”

When reached for comment, Nord said, while she’s not representing Mackin, she might if a civil rights lawsuit is filed.

APD responded to the video writing, “This video footage was not provided to the Antioch Police Department and is from an unknown source. Due to the angle and perspective at which the video was recorded, it does not depict everything that occurred. A cell phone video recorded by a civilian of a police incident may present a limited perspective, failing to capture all angles and the entirety of the incident, potentially leading to a lack of context and incomplete information. This can hinder a comprehensive understanding of the situation and may contribute to misinterpretation or incomplete narratives.”

Lt. Michael Mellone and others within APD were asked to confirm the family’s claim that Mackin did not fire his weapon, who shot first and how many shots were fired. They did not respond.

APD also shared still video screenshots from the officers’ body cam footage showing a gun in Mackin’s hand.

Public Records Act Requests, APD Denies, CCDA’s Office Partially Fulfills

A California Public Records Act request for the body cam video footage of all officers involved was first submitted to the Antioch Police Department on Oct. 21, 2023. A second request for the footage was submitted to APD on December 5, 2023.

They responded, “This letter provides a further response to your 12/5/23 California Public Records Act (‘CPRA’) request received by the City of Antioch (‘City’) seeking records of body-cam footage for police-involved shooting on October 1, 2023, involving Daniel Mackin. (releasable under SB 1421 and AB 748 – Penal Code Sections 832.7 and 832.8).

This correspondence stands as the 60-day required notice, pursuant to Penal Code Section 832.7, for the City of Antioch Police Department report number 23-7441. The investigation for 23-7441 is not releasable at this time as the release of such could reasonably be expected to interfere with the investigation. I or another City representative will provide you with additional correspondence regarding this investigation on or before 2/1/24.”

A third, non-PRA request was made of Acting Chief Joe Vigil, Mellone and Sgt. Price Kendall on Jan. 22, 2024, also asking, “why was the officer covering his camera with his hand?  Are the officers instructed to not do that, so the video isn’t blocked?”

A PRA request was also submitted to the Contra Costa DA’s office that same day.

Vigil later responded, “I believe the release did not come from us” but did not answer the other questions.

On Wednesday, Jan. 31, Deputy District Attorney Sophea Nop provided the two videos previously released to the Times.

On Feb. 1, 2024, APD Records Supervisor Amanda Nelson responded:

“This letter provides a further response to your 12/5/23 California Public Records Act (“CPRA”) request received by the City of Antioch (“City”) seeking records of body-cam footage for police-involved shooting on October 1, 2023 involving Daniel Mackin. (releasable under SB 1421 and AB 748 – Penal Code Sections 832.7 and 832.8).

The investigation for 23-7441 is not releasable at this time as the release of such could reasonably be expected to interfere with the investigation. I or another City representative will provide you with additional correspondence regarding this investigation on or before 3/1/24.”

The videos from body cam footage of Officers Armstrong and Dibble have not yet been released.

Mackin’s Next Court Appearance Feb. 6

According to the Contra Costa Sheriff’s Office, the six-foot, 240-lb. Mackin’s next court appearance is scheduled for tomorrow, Tuesday, Feb. 6, 2024, at 8:00 a.m. in Contra Costa Superior Court Department 08.

Arrested July 2, 2023, following police chase from Concord to Hercules and back to Bay Point

Has history of arrests dating to 2014

By Ted Asregadoo, PIO, Contra Costa District Attorney’s Office

A jury in Contra Costa County convicted an Antioch man on offenses related to a high-speed chase in a stolen vehicle and illegal firearm possession.

The Contra Costa District Attorney’s Office filed a complaint in Superior Court charging 33-year-old Artis Chavez Crenshaw, Jr. (born 2/28/90), on July 6, 2023. The case was prosecuted by Deputy District Attorney Philip Farmer, and on January 18th, a jury in Pittsburg found Crenshaw guilty on four out of five counts. (See charges)

The offenses with which Crenshaw was charged with started on July 1st, when a victim’s vehicle was stolen in Antioch. On July 2nd, peace officers spotted Crenshaw driving the stolen vehicle in

Concord and attempted to pull him over. A high-speed chase ensued between police and Crenshaw that began on Port Chicago Highway near Highway 4. The pursuit continued onto westbound Highway 4 as Crenshaw accelerated to 115 mph while weaving through traffic. Even after the CHP laid down a spike strip at Sycamore Avenue near Hercules to disable the vehicle,

Crenshaw continued to evade officers by driving with a flattened tire onto eastbound Highway 4. He was eventually involved in a crash at the San Marco Boulevard exit in Bay Point and was taken into custody after the collision. The entire pursuit totaled 23 miles and lasted 16 minutes.

During his arrest, officers found an AR style pistol in the stolen vehicle. (See video)

Artis Chavez Crenshaw, Jr.’s sentencing hearing will be on March 1st at 8:30 am in front of Judge John Cope at the Arnason Justice Center in Pittsburg. Crenshaw faces a maximum of four years and four months in state prison.

According to localcrimenews.com, Crenshaw has a history of arrests dating to 2014 by Antioch PD, Napa County Sheriff’s Department, Petaluma PD, Concord PD and the Contra Costa County Sheriff’s Department for crimes including shoplifting, addict and convicted felon in possession of a firearm and other gun and ammunition charges, burglary, grand theft, assault with a deadly weapon likely to cause great bodily harm on a peace officer or fireman, receiving or concealing stolen property, possession of personal identity with intent to defraud, robbery and carrying a switch blade.

According to the Contra Costa Sheriff’s Department, the 6-foot, five-inch, 205 lb. Crenshaw is being held in the Martinez Detention Facility on no bail and his next court appearance is scheduled for March 1, 2024 at 8:30 a.m. in Superior Court in Pittsburg.

Case No. 04-23-01211 | The People of the State of California v. Artis Chavez Crenshaw, Jr.

Allen D. Payton contributed to this report.