Sentenced to 15 years to life

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

A 29-year-old resident of Antioch was sentenced today, July 11, 2024, in Contra Costa Superior Court for sexual abuse of a young child.

Michelle Nicole Hidalgo, was sentenced by the Honorable David Goldstein after she pled guilty to engaging in sexual acts with a child 10 years old or younger [PC 288.7(b)]. Hidalgo was a nanny to the minor victim and has been in custody since her arrest on September 22, 2023. As part of a negotiated agreement, Hidalgo was sentenced to 15 years to life in state prison – which will begin immediately. She was also ordered to register as a sex offender for life.

On September 21, 2023, the Contra Costa County Internet Crimes Against Children Task Force was alerted to sexually explicit images of a small child being shared on X (formally Twitter). A search warrant was served at a residence in Antioch, seized equipment used in the production and distribution of pornographic images of minors and Hidalgo was arrested.  She was employed as a part-time nanny for the victim’s family. (See related article)

Pursuant to her plea, Hidalgo admitted to abusing the child on September 19, 2023. Evidence also demonstrated Hidalgo created visual depictions of the abuse and shared those images with other X users. Text messages sent from Hidalgo to others were recovered. Those messages indicated her intent to further

abuse the child the next time she was with the victim. Investigators are currently working with the National Center for Missing and Exploited Children to ensure those images are flagged if shared online in the future.

“The sentence delivered today reflects the severity of the crime committed,” said District Attorney Diana

Becton. “Our system of justice is dedicated to protecting victims and safeguarding the community by holding offenders accountable.”

Deputy District Attorney Jenna Franklin from the DA’s Sexual Assault Unit prosecuted the case. The investigation was led by the Contra Costa County Internet Crimes Against Children Task Force (ICAC). Detectives and investigators who participated in the ICAC investigation are from the Walnut Creek, Concord, Pleasant Hill, Brentwood, Oakley, Pittsburg, San Ramon and Danville police departments, the Contra Costa County Sheriff’s Office, Special Agents from the United States Secret Service and Homeland Security Investigations, and Inspectors from the Contra Costa County District Attorney’s Office.

According to the Contra Costa Sheriff’s Office, the five-foot, three-inch tall, 250-pound Hidalgo is Hispanic was born on December 23, 1994 and is being held in the West County Detention Facility on $800,000 bail. Her Facebook profile shows she lives in Antioch and is from Pacifica, CA where she studied at Terra Nova High School.

Case No. 01-23-02982 | The People of the State of California v. Hidalgo, Michelle Nicole

In response to letter from Contra Costa DA sent earlier this year Civil Grand Jury issues report to Antioch Council on city staff leadership turnovers, vacancies, possible Brown Act violations

“Any similar meeting on matters concerning the city could subject council members to criminal liability.” – DA Becton, Deputy DA for Public Corruption Bolen

Barbanica calls for resignations of Hernandez-Thorpe, Wilson, Torres-Walker and reopening investigation

Mayor says they were “get-togethers, not meetings”

“This is betrayal to the community and to the people they work with on the council,” Councilman Mike Barbanica

“What I’m not going to do is get caught up in Barbanica’s nonsense,” – Mayor Lamar Hernandez-Thorpe

By Allen D. Payton

The Contra Costa County Civil Grand Jury publicly released, on Tuesday, July 2, 2024, a report entitled, “Challenges Facing the City of Antioch.” It was sent with a cover letter to the council members on June 14 and includes three areas of concern including turnover in city leadership, city employee vacancies and “possible Brown Act (state open meeting law) violations by the Mayor and certain City Council members, as outlined in a letter to Antioch’s Acting City Manager from the Contra Costa District Attorney.”

While Mayor Lamar Hernandez-Thorpe denies the gatherings at his home attended by current Mayor Pro Tem Monica Wilson and District 1 Councilwoman Tamisha Torres-Walker were meetings at which city business was discussed, his former love interest, Lacy Ferguson, said she offered testimony to the DA’s Office and Grand Jury that the three did discuss redistricting of council districts.

The report also includes five recommendations, two with deadlines by Jan. 1, 2025. The cover letter signed by Grand Jury Foreperson Joanne Sarmento, copied to Acting City Manager Kwame Reed, requires a written response from the city council by Sept. 13, 2024.

The report reads, “Antioch is a dynamic and diverse city that faces a number of challenges. Among these challenges are:

1. Turnover in city leadership (six permanent or acting City Managers since 2013) which has resulted in an average tenure for Antioch City Managers that is less than half the state average (less than two years vs. 4.5-year average).

2. A city employee vacancy rate that is 4-times the national average (21.6% vs. 5.3%).

3. Possible Brown Act violations by the Mayor and certain City Council members, as outlined in a letter to Antioch’s Acting City Manager from the Contra Costa District Attorney (see Appendix A).”

Of the recommendations for the city council to follow, two are to be implemented immediately, one six months after the new city manager is hired, and two by next January 1st. The second recommendation is a reminder that city regulations preclude the mayor and council members “from having any direct authority to direct, supervise, hire or fire any city employee, other than the City Manager and City Attorney.”

Herald Publisher Participated in Grand Jury‘s Local Media Panel Discussion

For full disclosure, this reporter was one of three members of the media invited to meet with the Civil Grand Jury in June 2023, including Dan Borenstein of the East Bay Times and Tamara Steiner, publisher of the Concord/Clayton Pioneer. Issues regarding the hiring of the Antioch city manager and other matters were discussed and answers provided to questions from the jurors. However, it is unknown if anything discussed that day was used as a basis for the Grand Jury’s investigation or findings.

UPDATE: Asked if any of the input provided during the meeting with the local media panel was part of the basis for the Grand Jury’s investigation and report, new Foreperson Peter Appert responded, “As the deliberations and work of the Grand Jury are conducted in secret, we are unable to respond to your question. But thank you for your participation in Jury orientation last year.”

Letter from District Attorney, Deputy DA for Public Corruption Re: Private Meetings

That letter to Kwame Reed, sent on Jan. 3, 2024 (but incorrectly dated Jan. 3, 2023) and copied to City Attorney Thomas L. Smith and the Grand Jury was entitled, “RE: Alleged violations of the Brown Act by Antioch City Council members.”

DA Becton and Deputy District Attorney Steven Bolen, who was then in charge of public corruption, wrote, “The Contra Costa County District Attorney’s Office was contacted earlier this year regarding alleged violations of the Brown Act by Antioch Mayor Thorpe, Antioch Councilmember Torres-Walker and Antioch Councilmember Wilson. Specifically, we were told that those three council members met in private to discuss matters within the council’s jurisdiction regarding the Public Works Department and the hiring of the City Engineer. Our investigation also led to an allegation that those three city officials met in private to discuss the redistricting of the city’s electoral map. The District Attorney’s Office reviewed these allegations and the applicable law and then interviewed potential witnesses to determine whether any Brown Act violations occurred.”

“The Brown Act… prohibits a majority of the members of a legislative body to develop a collective concurrence as to action to be taken on any item within the subject matter jurisdiction of the legislative body unless such a meeting is open and public,” the letter continued. “…there is evidence that Mayor Thorpe and Councilmembers Torres-Walker and Wilson met at Mayor Thorpe’s home in 2022 and held discussions” and “Our investigation leads us to believe that Mayor Thorpe and Councilmembers Torres-Walker and Wilson did meet and may have developed a collective occurrence absent a public forum.”

The letter explained why there would be no action taken against the three councilmembers. It reads, “the District Attorney’s Office has serious concerns that non-compliance with the Brown Act may have occurred, however, there is insufficient evidence to prove beyond a reasonable doubt intentional violations of the statute at this time.”

Instead, Becton and Bolen decided to inform Reed, “in order for you to impress upon the council the importance of the Brown Act and the requirements of the statute. Any similar meeting on matters concerning the city could subject council members to criminal liability.”

“As the Brown Act makes clear, the deliberations and actions of our governmental representatives must occur openly and be subject to public scrutiny,” the letter concludes.

They also said they sent the “letter to the Contra Costa County Grand Jury to provide that body the opportunity to take any action it may deem appropriate.” (See CCDA letter re Antioch City Council)

The Grand Jury responded five months later with their report.

Hernandez-Thorpe Admits Private Meetings With Two Councilwomen, Torres-Walker Doesn’t Deny It

In a March 28, 2024 article by The Mercury News/East Bay Times, Hernandez-Thorpe admitted to meeting privately with Wilson and Torres-Walker. The report reads, “As to whether or not he met with Torres-Walker and Wilson, Hernandez-Thorpe said that he had but not for a nefarious purpose.”

“’We coordinate campaigns and whatnot, because we’re Democrats. We’re together all the time,’ Hernandez-Thorpe said. He later added, ‘I think if they can demonstrate that we violated the Brown Act, we’re more than happy to take corrective action.’”

Torres-Walker didn’t deny the private meetings and saying, “that she had no problem with whoever tipped off the DA using the proper channels to voice their concerns,” the article further reported.

Grand Jury Report

The report shared multiple statistics supporting the concerns outlined and offered an explanation for issuing it.

“We concluded that the police force was receiving adequate attention from other investigative bodies…However, the Grand Jury learned that the issues surrounding the police force are related to other issues of oversight and management within city government. In particular, we noted the average tenure for Antioch City Managers has been less than half the California state average over the last decade (average City Manager tenure of less than 2 years in Antioch vs. 4.5 years for the state).”

Methodology

The report shares the steps taken by the Grand Jury to obtain their information:

• We interviewed government officials in Antioch and experts in city government practices
• and regulation.
• We reviewed press reports and other documents related to Antioch’s city government
• operations and performance.
• We reviewed recordings and transcripts of city council meetings.
• We reviewed city budgets for the past 20 years.
• We also reviewed documents related to city government best practices.

Discussion Points

The report then offered three main discussion points and 15 specific findings about the City of Antioch and its governance providing details for each. The discussion points matched the three challenges outlined in the report:

• Excessive City Manager Turnover is a Negative for Antioch;
• High Employee Vacancy Rates Negatively Impact City Services; and
• Brown Act Compliance

Findings

The report summarizes the findings by the Grand Jury investigation, as follows:

F1. Antioch’s City Manager has broad responsibility to ensure the efficient operation of the city, including supervision of an approximately $100 million general fund budget and an authorized staff of over 400 employees.

F2. The city began the process of recruiting a new permanent City Manager in January 2024. As of June 10, 2024, no hiring decision has been announced.

F3. As outlined in both the City Manager job description and in city recruitment materials, the City Manager position requires a qualified and experienced individual.

F4. There has been a lack of continuity in City Managers in Antioch, with six City Managers or Acting City Managers since December 2013.

F5. Under city ordinances the City Council, including the Mayor, has no direct authority to direct, supervise, hire, or fire any city employees, other than the City Manager and City Attorney (Ordinance 246-A).

F6. The Mayor and City Council members have on occasion overstepped their authority in seeking to make personnel decisions, including terminating the then Public Works Director in December 2022, in ways not permitted by city ordinance (Antioch City Code § 2-2.06 and § 2-2.10).

F7. The Mayor and City Council members have on occasion sought to conduct meetings with City Staff without the approval or involvement of the City Manager, as required by city ordinance (Antioch City Code § 2-2.10).

F8. Antioch’s city government had a 21.6% employee vacancy rate as of February 2024, roughly four-times the national average for government agencies.

F9. In the absence of a permanent City Manager since March 2023, the city has deferred hiring new department heads when openings occur.

F10. The Police, Public Works and Community Development departments currently are without permanent department heads.

F11. Seven of the eleven most senior positions in Antioch city government are currently held by acting or part-time personnel, including City Manager, Assistant City Manager, Directors of Community Development, Police Services, and Public Works (all acting) and the Directors of Economic Development and Recreation (both part-time).

F12. The employee vacancy rate is above the city-wide average in the Public Works Department (26% vacancy rate) and Community Development Department (35% vacancy rate), both of which currently do not have permanent directors.

F13. Recruitment and retention of staff has been impacted by the absence of a permanent City Manager and the lack of permanent department heads in multiple city departments.

F14. The Contra Costa County District Attorney’s Office conducted an investigation into alleged Brown Act violations by Mayor Lamar Hernandez-Thorpe and Council Members Tamisha Torres-Walker and Monica Wilson, which was forwarded to the Grand Jury.

F15. The District Attorney’s Office noted serious concerns that noncompliance with the Brown Act may have occurred, however, there was insufficient evidence to prove beyond a reasonable doubt intentional violations of the statute occurred.

Grand Jury Recommendations

In the report, the Grand Jury also issued five recommendations, as follows:

R1. “The Mayor and City Council should follow through on the ongoing process of hiring an experienced and qualified City Manager.

R2. The Mayor and City Council should abide by city regulations (Antioch City Code § 2-2.06 and § 2-2.10) that preclude the Mayor and City Council from having any direct authority to direct, supervise, hire or fire any city employee, other than the City Manager and City Attorney.

R3. The new City Manager should, within 6 months of their appointment to the position of City Manager, recruit and appoint permanent department heads to fill current department head vacancies.

R4. By 1/1/2025 the City Council should direct the City Manager to undertake a study to determine the factors leading to the city’s high employee turnover and vacancy rates.

R5. By 1/1/2025 the Mayor and City Council should consider directing the City Manager and

City Attorney to organize an annual training session focused on Brown Act requirements and compliance for the Mayor, City Council members, relevant city employees and members of city boards and commissions.

Written Response Required by Sept. 13, Six Months to Implement Recommendations

The report asks for a written response from the city council by Sept. 13, 2024, required by state law, providing whether the council agrees, disagrees or partially disagrees with each of the findings and include explanations for each one with which they either disagree or partially disagree. It also requires the council members outline how they are going to implement the recommendations or if they cannot, why not. The council has six months to implement the recommendations.

See Grand Jury Foreperson’s Cover Letter to Report

See Grand Jury Report 2405 Challenges Facing The City of Antioch

Only Hernandez-Thorpe, Barbanica Respond to Questions for Councilmembers

Questions were sent Tuesday evening to all five council members asking for their comments about the three matters and the direction given by the Grand Jury. They were also asked, besides the search for a new city manager, what is being done to fill the staff vacancies and stem the tide of City employees leaving. The council members were also asked where they are in the process of hiring a permanent city manager, if they have interviewed any candidates, yet, how many, and if they have set a date for the process to be completed.

Hernandez-Thorpe, Wilson and Torres-Walker were specifically asked why they held meetings together outside of either closed session or regular city council meetings, how many private meetings were held at which the three were present, and if any city business was ever discussed.

They were also asked if the discussions involved the hiring of former City Manager Cornelius “Con” Johnson, restructuring the Public Works Department, hiring a city engineer and/or redistricting the city’s electoral map, as is included in the report, and if not, what was discussed during the meetings.

Finally, all five were asked what their response will be to the Grand Jury as requested.

Mayor Has Campaign Spokesman, Former City PIO Respond with Statement

Hernandez-Thorpe responded Tuesday night writing simply, “Rolando will respond on my behalf. Thanks! -LH.” The mayor was referring to Rolando Bonilla, his re-election campaign’s “Communications Director”, and the City’s previous public information officer whose contract was terminated last year. That occurred following the controversy over a press release with words attributed to then-Police Chief Steve Ford critical of the Antioch Police Officers Association, which Ford denied saying. Bonilla said he was later offered the job back by Acting City Manager Forrest Ebbs who was appointed after City Manager Con Johnson was placed on paid leave, and provided a copy of an email between Bonilla and Ebbs as proof. (See related articles here, here and here)

Bonilla wrote, “The Mayor isn’t going to waste his time responding to conspiracy theories, as he is focused on reforming a city government that was so unaccountable that it allowed its police department to publicly embrace a culture of hate and racism that would still be in place today were in [sic] not for the FBI intervening. 

As far as the Brown Act, If the civil grand jury believed that the Mayor did something wrong then they should have had the guts to have detailed the allegations with facts. Instead, they hid behind a letter that had zero evidence of wrong but hid behind the word ‘possible’. Weak.”

Hernandez-Thorpe was reminded the Grand Jury is requiring a response from the city council by Sept. 13 and it was pointed out to him that Bonilla’s response did not answer the questions sent to the mayor and councilmembers. The questions were sent again to Hernandez-Thorpe.

Bonilla responded with the same statement. After pressing the mayor again for answers to the questions about the other issues and recommendations from the Grand Jury, Hernandez-Thorpe’s campaign spokesman wrote, “You got your answers. Run it if you want, or don’t. That’s all you are getting.”

Barbanica Posts Video Calling for Resignation of Mayor, Councilwomen, Further Investigation

About an hour after the questions were emailed by the Herald, District 2 Councilman Mike Barbanica posted a video on his YouTube channel and his county Supervisor’s campaign Facebook page Tuesday evening in which he called for the resignation of his three council colleagues.

“Last year the DA’s Office got a report from somebody that said that these Brown Act violations were occurring,” the retired police sergeant stated. “A criminal investigation was conducted at that time.”

“They in turn forwarded that off to the Contra Costa County Civil Grand Jury who launched an investigation,” he continued. “When they do those investigations, they’re done in secrecy.”

“Yes, they believe Brown Act violations possibly occurred, here, in secret meetings that were conducted at Mayor Thorpe’s house with all three of those members outside of the view of the public, with no other council members there and the public not having the ability to attend the meeting and it wasn’t properly noticed,” Barbanica shared. “That is a secret meeting where people collude, essentially is what the Brown Act is designed to guard against, issues of concern.” He then mentioned the matters believed to be discussed outlined in the DA’s letter.

“They can’t prove the content of the meeting,” he continued about the DA’s Office and Grand Jury’s findings. “Often what that’s from is people not talking about what occurred.”

“I’m urging…the two council members and mayor to step down,” the councilman stated. “Do the right thing.” This is not the way cities are supposed to operate. This is supposed to be open to the public, fair, transparent. This is not transparency.”

Barbanica also urged “DA Becton to reopen a criminal investigation and investigate this to the fullest extent of the law. I realize there are prior relationships there. If, in fact, you don’t feel comfortable doing that, please refer it over to the state Attorney General and have it investigated, there.”

“This has got to stop,” he exclaimed. “Many of us have felt that this has been occurring for some time. But now we have the DA’s Office saying, ‘hey, we think it might be, as well’ and we have the Civil Grand Jury saying, ‘we, too, think it might be, as well.’”

“I urge them to probe further into this and find out if criminal acts did in fact happen and if they did, prosecute them,” Barbanica stated. He then reiterated his call for “all the members, just do the right thing and step down.”

“We all know we can’t violate the Brown Act and I’m calling on the county Board of Supervisors to back me publicly, in this request, not only to the DA’s Office but to the members on the Antioch City Council, as well,” he concluded.

The mayor and councilwomen were then asked for their responses to Barbanica’s video.

Hernandez-Thorpe Says They Weren’t Meetings, Won’t Respond to Barbanica

But when reached for comment, later, the mayor said, “What I’m not going to do is get caught up in Barbanica’s nonsense.”

He then responded to the allegations of Brown Act violations saying, “We’ve had get-togethers at my house but not meetings. My house has always been the gathering place. The law is very clear and what you can’t do is have a discussion where you’ve had a predetermination where the public can’t participate. That didn’t happen.

“I appreciate the Grand Jury took a long view in terms of staffing issues. But the issue, for example in the Maintenance Department is compaction,” Hernandez-Thorpe stated. “There’s not enough pay differential between leadership and subordinates. But I can tell you we are dealing with it.”

Regarding low staffing levels in the police department, he said, “I’m sorry but they caused this problem internally,” referring to the  FBI and DA investigations including for the racist text scandal.

About the report, Hernandez-Thorpe said, “We’ve had it for a couple weeks. The Grand Jury calls you in for the findings and they did that with Barbanica and me.”

The council is already addressing the first of the recommendations. Asked about hiring a new, permanent city manager the mayor said, “We’re close to the end. I can tell you that. We’ll probably have this wrapped in a month or month-and-a-half. What I will be doing is visiting the candidate and other council members are welcome to do it as well to spend some time with the candidate to see if it feels right.

Regarding the other recommendations and the required response letter Hernandez-Thorpe said, “We’ve never done it before. We’ll figure it out. It can be helpful. We’ve changed the Animal Shelter based on the Grand Jury’s recommendations.”

“There are times we have clearly violated the Brown Act,” he continued. “The CDBG Committee was meeting without notices. So, when I became mayor, I fixed that. When we put (former City Manager) Con (Johnson) on paid leave, Barbanica, Monica and Lori violated the law. I went on camera and said we messed up.”

“If we did something wrong we’re more than happy to correct it,” the mayor added.

“We’re all Democrats and tend to lean progressive. We don’t have to have secret meetings. We just tend to agree,” he explained.

Hernandez-Thorpe then shared statistics of the council’s votes as an argument about not just he and the two council members agreeing most of the time. He said, “Of 525 votes in 2021, 17 were 3-2 votes.”

The information is based on research by the Municipal Fellow working in City Hall funded by the Urban League, the mayor shared. Hernandez-Thorpe said he told him to look at voting trends. “In terms of split votes, we’ve had 4-1 votes 16 times and 4-0-1 votes when someone abstained, were 48 times. He looked at all of the votes.”

Former City Manager Con Johnson Denies Attending Gatherings at Mayor’s Home, Blames City Attorney

When asked if he had been in attendance at any of the gatherings where the mayor and two council members allegedly discussed city business, former City Manager Cornelius “Con” Johnson said, “No. I was not involved in any of those shenanigans. I was not part of any hiring process. I was not involved in either of those things. I was not at Lamar’s house when it came to my hiring or to the redistricting.”

“I do know the council was aware of it on other issues,” he continued. “I did send notices about violations to (City Attorney) Thomas Smith.”

“I think the city council started on a slippery slope. They were disclosing information to the press that was unlawful,” Johnson stated. “I do know that I did bring possible Brown Act violations. I blame Thomas because he failed to keep the council safe. It’s the city attorney who is to make sure the city council doesn’t cross that line. I can only speak to what I brought to Thomas, the city attorney of the Brown Act violations.”

Barbanica Says Witness Approached Him Before Going to DA

When reached later for answers to the questions emailed to him specifically about the issues of city staff leadership turnover and vacancies, Barbanica stated, “We’re in a sad state of affairs right now because a lot of the employees who have come into the city have seen what’s going on from the Grand Jury and DA’s office, and when they see opportunities in other cities, they take them.”

“We either need a full commitment from the council to do things the right way or we need a new council,” he said.

He was then asked why he’s calling for their resignations, now knowing he has more than five months remaining in his term, as Barbanica is running for county supervisor not re-election, and will have to continue to work with the mayor and two councilwomen. The councilman said, “This is a much bigger picture and nobody should stand silent just to get a third vote when we have serious violations that are occurring at the expense of the city. If that means I don’t have a third vote for calling this out for what it is, then so be it.”

Asked about the response letter required by the Grand Jury, Barbanica doubled down on his call for reopening the investigation.

“I will be responding individually to the Grand Jury and my recommendation in my response is to stand with me to pressure the DA’s office or the Attorney General’s office to reopen the investigation,” he stated.

“This is betrayal to the community and to the people they work with on the council,” the District 3 councilman exclaimed. “This is totally contrary to the way the council is supposed to operate. To look at us on the council and members of the community in the eye, knowing all along that this is a predetermined vote, that is betrayal to the community.”

“I will tell you the person who shared this information that led to the investigation came to me with it,” Barbanica offered. “By the time it got to the Grand Jury they were talking to multiple people. I sat with that person and talked with them and learned of the information at one point.”

“But I have assured that person I will not be the one to reveal their identity to the public,” the councilman added.

Mayor’s Former Love Interest Told DA, Grand Jury 3 Councilmembers Discussed Redistricting in Private

Both Antioch City Clerk Ellie Householder and Lacey Ferguson, Hernandez-Thorpe’s former friends had a falling out with him following, had a falling out with him following settlement by the Board of Supervisors of the sexual harassment claims against him in 2022. The women were each provided with the DA’s Office letter, cover letter from the Grand Jury foreperson and the report and asked if they were in attendance at any of the same gatherings at the mayor’s home, as he and the two council members. They were also asked, if so, do they remember what was discussed by the three council members, if they spoke with anyone in the Contra Costa DA’s Office or the Grand Jury, and for any other information they’d like to provide.

Ferguson responded, “I was a cooperating witness in the investigation, and you can reach out to the DA for any info you need regarding that. I live in another state.”

“I believe my recorded interview is the only evidence used in front of the Grand Jury to confirm discussions regarding redistricting, as I didn’t feel it was right to do to Lori.” She was referring to the gerrymandering by the three council members that created a new Council District 3 and 4, moving Ogorchock into Wilson’s neighboring district. It prevents Ogorchock from running for re-election this year. (See related article)

First Amendment Coalition CEO Says Private Discussions Violate the Law

After reading the letter from the DA’s Office, the cover letter from the Grand Jury foreperson and the report, David Snyder, CEO of the First Amendment Coalition, a government watchdog organization responded, “I’d say that while neither the DA’s letter nor the grand jury report definitely conclude that members of the city council violated the Brown Act, it appears there was substantial evidence that was that case. That’s very troubling. Public officials meeting in private to discuss such consequential matters as the redistricting of the city’s electoral map is a breach of the public trust, not to mention a violation of state law.”

Attempts to reach Householder and additional efforts to reach Wilson, Torres-Walker and Ogorchock were unsuccessful prior to publication time. Please check back later for any updates to this report.

For more information read the complete Brown Act state open meeting law.

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.