Archive for the ‘District Attorney’ Category

Part 1 of 2: Former Antioch cop’s attorney files motion to dismiss, claims Protected Whistle Blower activities in sexting scandal

Wednesday, November 13th, 2024
Former Antioch Police Officer Devon Wenger is being prosecuted by the U.S. Attorney’s Office Northern District of California. Herald file photo

Alleges prosecutorial misconduct, claims retaliation; says evidence used was unlawfully obtained, information withheld from defense; separate matter from and not involved in racist text scandal

Devon Wenger, who was not terminated but resigned, faces charges of attempted civil rights violations, illegal use of force, conspiracy to distribute and possession with intent to distribute anabolic steroids

“There’s a lot there that is political.” – Attorney Nicole Castronovo

Oakland, CA – A former Antioch Police officer who spoke out against sexually explicit group texts among department members is fighting back against a malicious prosecution which has made him the scandal’s scapegoat as punishment for blowing the whistle.

Former Officer Devon Christopher Wenger of the Antioch Police Department, who resigned from the force on June 5, 2023, and is embroiled in a high-profile case stemming from the department’s texting scandal, filed a motion to dismiss the charges against him which have been grossly exaggerated as retribution.

The motion to dismiss was filed Monday, Nov. 4, 2024, by Wenger’s attorney, Nicole Castronovo, and argues evidence used against Wenger was unlawfully obtained, undermining his right to a fair trial. Castronovo further alleges prosecutors improperly withheld key exculpatory information from the defense.

“The manner in which this investigation was conducted shows a blatant disregard for Wenger’s constitutional rights,” Castronovo said. “We have uncovered that evidence has been manipulated, critical facts have been omitted and exculpatory material has been ignored. This entire case is being levied against my client as a vicious act of retribution and is a gross misuse of the criminal justice system.”

Along with other Antioch officers, Wenger was arrested on Thursday, August 17, 2023, and prosecuted as a result of the investigations by the FBI and the Office of the Contra Costa County District Attorney. He was originally charged with 21 U.S.C. §§ 846, 841(a)(1), and (b)(1)(E)(i) Conspiracy to Distribute and Possess with Intent to Distribute Anabolic Steroids; 18 U.S.C. § 1519 Destruction, Alteration, and Falsification of Records in Federal Investigations and 18 U.S.C. §§ 241 Conspiracy Against Rights, 242 Deprivation of Rights Under Color of Law. (See related articles here, here and here)

However, Castronovo said Wenger is facing only three charges, “conspiracy to commit civil rights violations based solely on the text messages and with illegal use of force, for using what’s called a 40,” which is a non-lethal weapon. “He did so at the command of his sergeant, and it was within policy. So, they charged him for something found to be within policy,” she added. Wenger is also facing the steroid charges in a separate case in which he’s represented by a different attorney.

Regarding his claim of having whistleblower status Castronovo said, “He was a whistleblower on all kinds of things. His lieutenant had an affair with Wenger’s girlfriend. There’s a lot there that is political. He didn’t send any of the racist text messages. He also blew the whistle on a sexting scandal.”

Recently filed court documents uncovered a prior FBI investigation into the Antioch Police Department during which evidence was mishandled and not appropriately sealed. That evidence, in an unrelated, State-level case, is now potentially being used by federal prosecutors against Wenger.

Key to Wenger’s claims of misconduct include a declaration highlighting the testimony of Larry Wallace, who served as a high-ranking law enforcement advisor under Vice President Kamala Harris during her tenure as California Attorney General. Wallace resigned after being sued for sexual harassment and now works as an investigator in the Contra Costa DA’s Office.

Federal prosecutors failed to mention Wallace was part of a joint operation with the FBIstarting in November 2021. The government also did not disclose the FBI’s simultaneous seizure of Wenger’s phone in the unrelated state-level investigation.

In a testimony given on October 25, 2024, Wallace admitted he illegally mishandled sensitive data and failed to seal private information during his involvement in the FBI investigation of the Antioch Police Department in 2021. The mishandling of that evidence resulted in the unauthorized use of Wenger’s personal communications and violated his legal right to privacy. It also violated the stringent rules of CalECPA (California Electronic Communications Privacy Act).

In addition, the Herald later broke the news on Aug. 17, 2023, that Wallace also failed to properly redact officers’ names, cell phone numbers and alleged crimes in a report released to the media. Exclusive: Contra Costa DA’s Office under fire for releasing report revealing phone numbers of Antioch Police Officers in text scandal, names of Antioch, Pittsburg officers, alleged crimes in FBI investigation | Antioch Herald

The chain of evidence log demonstrates that the FBI seized Wenger’s phone on March 28, 2022, well before federal warrants were signed authorizing the seizure of evidence in this current case and raise significant questions about the legality of the evidence and the government’s representations to the Court.

Federal prosecutors also misrepresented to the Court the number of search warrants in existence, referring to only two warrants in their moving papers (dated May and July of 2023), which postdate Wallace’s defective state warrants in the earlier FBI investigation.

These misrepresentations are critical, as the defense contends that the Independent Source Doctrine, invoked by the government to justify the evidence, cannot apply under such circumstances, where an investigation since its inception has been a joint task force between state and local agencies.

Castronovo also questions the independence of the investigation, arguing that federal prosecutors heavily relied on data from state-level investigations, which violated the Independent Source Doctrine.

“We are determined to see that justice prevails,” Castronovo emphasized. “Officer Wenger is entitled to a fair trial, free from unlawful manipulation and misconduct by those in power.”

APOA Attorney Submits Declaration About Wallace in Support of Wenger

Michael Rains, the attorney for the Antioch Police Officers Association, whose firm has been representing more than a dozen officers caught up in the investigations, submitted a Declaration in Support of Wenger’s Motion to Dismiss “based upon prosecutorial misconduct and ineffective assistance of counsel, in the alternative defendant requests a change of venue.” In his declaration, the APOA attorney wrote of his cross-examination of Wallace in another case in which Rains was defending an Antioch Police Officer. He wrote, “According to California Penal Code Section 1546.1, also known as CalECPA, it is a legal requirement to seal any information obtained through the execution of a search warrant that is unrelated to the objective of the warrant. Any such sealed information should not be subject to further review, use, or disclosure except pursuant to a court order or to comply with discovery as required by Sections 1054.1 of the Penal Code.

“When I questioned Wallace at arbitration as to whether he had complied with the requirements of CalECPA he admitted that (1) he neither sealed the information nor (2) did he seek any further order from the court to use the information for any other purpose. From my involvement in discipline cases involving several Antioch officers, I know the text messages relied upon by the City of Antioch to terminate officers, did not result from a Court Order authorizing such use,” the APOA attorney’s declaration further states.

Rains also wrote, “Wallace admitted in his testimony that he ha last received training on search warrants in 2004, and never received any training concerning CalECPA, which became law in 2021, as it pertains to writing search warrants.”

“Wallace testified that in November 2021, he received an anonymous postcard from the Pittsburg Police Department as well as information from the Federal Bureau of Investigation (FBI) regarding steroid use amongst Antioch Police Officers and Pittsburg police officers and a joint investigation was launched by the FBI and the Contra Costa County DA’s office,” the declaration states. “It was communicated to Wallace that the Chief of Pittsburg Police Department gave the post card to Chief of Inspectors Arnold Threets, who then assigned the investigation to Wallace. ‘Almost simultaneously’, upon receipt of the postcard Wallace was visited by FBI Agent Thuy Zobach regarding issues in the wiretap room concerning Officer Timothy Manly Williams of the Antioch Police Department. Notably the postcard never mentioned Devon Wenger…by name.”

Asked if one of the 8 cell phones seized by Wallace was Wenger’s personal cell. Castronovo said it was. According to Rains’ declaration, the phones were seized by Wallace in 2022, after he prepared the state warrant on March 22nd that year. Wallace turned it over to the FBI on March 28th. But I have a receipt for property on April 11, 2022, that includes Wenger’s phone, which is when they gave it back to Wallace,” Castronovo shared. “So, they probably dumped it during those two weeks. But the FBI didn’t issue a warrant for it until the following year.”

The judge in the hearing for Castronovo’s motion to suppress the evidence from the phone, “chose to listen to the FBI. He’s a former Assistant U.S. Attorney,” she explained. “The federal prosecutors just called it moot and said they wouldn’t use the evidence, which was really fishy, to me.”

“What’s interesting in their moving papers they said there were only three search warrants,” which would have only covered three phones, Castronovo shared. “But in the FBI’s search warrant it shows there were eight,” for the eight phones.

Rains Also Exploring Legal Options, Damages to Officers for Wallace’s Release of Information

As previously reported, Mike Rains, attorney for the Antioch Police Officers Association whose firm has been representing more than a dozen officers caught up in the investigations said, “I am exploring legal options including a possible lawsuit related to our grave concerns about the way in which this report was ordered released by the court to begin with, when I was supposed to be given the opportunity on behalf of the officers to seek a protective order.”

“Plus, the release by the DA’s Office when they told me, the judge told me to tell Chief Assistant DA Simon O’Connell to not release the report until I had the opportunity to be heard,” he continued. “We tried to set up dates with the defense attorneys on Monday, after the morning appearance I made. Then I received an email from O’Connell on Tuesday that the judge ordered the report released. I feel betrayed by both the judge and by the DA’s Office.”

“I’m exploring the damages done to the officers due to the actions by the DA’s Office,” Rains added.

DA’s Office Will No Comment

Wallace and the Contra Costa DA’s Office were asked for comment regarding the claims about his testimony in Wenger’s case. The DA’s spokesman, Ted Asregadoo, responded, “We will not comment on an active federal prosecution in which the Contra Costa District Attorney’s Office was involved or address the inaccuracies in the press release you shared. However, we want to clarify that Larry Wallace, an employee of our office, acted in compliance with a court order to release information to defense attorneys in a March 2021 murder case in the City of Antioch.”

Wenger’s Next Hearing Possibly Dec. 10

The next hearing for Wenger is tentatively scheduled for December 10, 2024, at the United States District Court for the Northern District of California, where these and other issues raised by the defense’s motion to dismiss will be addressed.

Allen D. Payton contributed to this report.

Introducing Cross-Examination: A new podcast from the Contra Costa District Attorney’s Office

Saturday, November 2nd, 2024
Source: CCDA’s Office

Martinez, CA — In an age where there’s so much information available to us, why would the Contra Costa District Attorney’s Office start a podcast?

The answer is simple: to inform the public on legal issues that directly impact our community. The approach of the Cross-Examination podcast is one that focuses on depth and detail, wrapped up in engaging discussions.

Cross-Examination aims to unpack the complexities of the criminal justice system, shine a light on important public safety topics, and foster transparency in law enforcement as it applies to residents in Contra Costa County.

The debut episode features District Attorney Diana Becton in a conversation with hosts Ted Asregadoo and Deputy District Attorney Brian Feinberg. Together, they explore the vital role of the District Attorney’s Office in seeking justice, maintaining public safety, and balancing these responsibilities with the need for reform.

Other episodes delve into timely and relevant topics, such as retail theft. Chief of Inspectors Arnold Threets shares insights from real-world cases and discusses crime prevention strategies, while criminologist Dr. Samuel DeWitt examines how media coverage influences public perception of crime.

By launching this podcast, the Contra Costa District Attorney’s Office is providing a way for the public to gain a better understanding of the criminal justice system from multiple angles. District Attorney Diana Becton said, “I think podcasts about the kind of work our local government does — especially the District Attorney’s Office — will be beneficial in building trust by fostering stronger community relations through deep discussions about issues related to public safety.”

Cross-Examination is available now on Podbean, Apple Podcasts, Spotify, Amazon Music, iHeartRadio, and other podcast platforms.

Contra Costa Clerk-Recorder, DA, Sheriff working to ensure 2024 election safety, prevent voter intimidation

Wednesday, October 23rd, 2024

By Dawn Kruger, Community and Media Relations Coordinator, Contra Costa Elections Division

Election and law enforcement officials in Contra Costa County are taking steps to make the safety and security of the 2024 election paramount on multiple levels.

“Contra Costa County voters have several safe and convenient ways to vote in the November 5, 2024, General Election,” said Contra Costa Clerk-Recorder and Registrar of Voters Kristin B. Connelly. “Specific information on different options can be found in our Voter Information Guide that went out to all registered voters the last week of September, or on our website, www.contracostavote.gov. Our Elections team has prepared diligently to ensure every valid ballot is counted and that our county residents’ voices are heard.”

AB 2642, the Protecting Elections from Armed Coercion and Extremism – Peace Act, went into effect September 24, 2024, creating protections for California voters and the workers who administer our elections in all 58 counties. Of note the Peace Act protects voters and election officials by explicitly prohibiting intimidation and threats. There are also legal protections that make the presence of a firearm – or even a replica of one – at a polling place unlawful intimidation. Moreover, the Peace Act will provide voters, election officials, and election workers with civil legal recourse against intimidation and coercion.

Contra Costa District Attorney Diana Becton said, “My office and local law enforcement will work in concert to protect our fundamental right to vote in Contra Costa County. Any threats, intentional disruptions, or intimidating acts designed to stop a citizen from legally voting or officials from administering an election will be held accountable.”

According to a September 27th Memorandum addressed to “All County Clerks/Registrars of Voters” in the state from Robbie Anderson, Elections Counsel in the California Secretary of State’s Office, “The purpose of the Act is to supplement, and not limit or replace existing statutes that prohibit the intimidation of voters and others in the election process and the carrying of firearms where votes are cast and counted.”

“Our focus is on the safety and security of election workers, voters, and the election process,” said Contra Costa County Sheriff David Livingston. “Additional arrangements will be put in place and we encourage anyone to report suspicious activity or crimes by calling 9-1-1 or their local law enforcement agency.”

County officials are collaborating to ensure that the 2024 General Election in Contra Costa County is safe, secure, and free from threats and intimidation.

For more information on how or where to vote, visit the Contra Costa County Elections website.

Allen D. Payton contributed to this report.

Former Antioch Police officer convicted by federal jury of conspiracy, wire fraud

Monday, August 12th, 2024
Former Antioch Police Officer Morteza Amiri was convicted by a federal jury on Thursday, Aug. 8, 2024. Herald file photo

Morteza Amiri is last of six Antioch, Pittsburg officers convicted of conspiring to defraud their departments by obtaining payments and raises for university degrees they paid a third party to complete

Information provided on cases for four other former Antioch officers

By U.S. Attorney’s Office Northern District of California

OAKLAND – On Friday, August 9, 2024, a federal jury convicted police officer Morteza Amiri of wire fraud and conspiracy to commit wire fraud in a scheme to obtain pay raises from the City of Antioch Police Department for a university degree he paid someone else to obtain in his name, announced United States Attorney Ismail J. Ramsey and FBI San Francisco Special Agent in Charge Robert K. Tripp.  The felony verdicts follow a four-day trial before United States Senior District Judge Jeffrey S. White.  Amiri is the sixth officer to be convicted in the conspiracy to commit wire fraud, along with former Pittsburg Officers Patrick Berhan, Amanda Theodosy a/k/a Nash and Ernesto Mejia-Orozco, former Antioch Community Service Officer Samantha Peterson and former Pittsburg Police and Oakland Housing Authority Officer Brauli Rodriguez Jalapa. (See related article)

Former officers who pleaded guilty this year: Pittsburg officers Amanda Carmella Theodosy (aka Nash), Ernesto Juan Mejia-Orozco and Patrick James Berhan. Photos: Pittsburg PD. Former Antioch Police Community Service Officer Samantha Peterson. Photo: Antioch PD. (No photo of Oakland Housing Authority officer Brauli Rodriguez Jalapa could be located).

“We expect integrity and honesty from every police officer, every day, in the police departments across this country,” said U.S. Attorney Ismail Ramsey. “Amiri failed to uphold these basic responsibilities, and a federal jury has convicted him of defrauding his employer, the Antioch Police Department.  He, along with the other officers he conspired with, now face the consequences of violating the rule of law that they swore to uphold.”

“Amiri engaged in a calculated conspiracy to defraud his police department of taxpayer funds. His actions were a violation of the law and a grave betrayal of public trust,” said FBI Special Agent in Charge Robert Tripp. “Amiri and his co-conspirators’ deception has no place in law enforcement. With this conviction, he now faces the consequences of his actions.”

Amiri, 33, was employed as a Police Officer with the Antioch Police Department.  At trial, the evidence presented showed that the City of Antioch and City of Pittsburg’s Police Departments offered reimbursements toward higher education tuition and expenses, along with pay raises and other financial incentives upon completion of a degree.  However, instead of completing higher education coursework on their own, Amiri and his co-conspirators hired someone to complete entire courses on their behalf at an online university to secure a bachelor’s degree in Criminal Justice.  Amiri and his co-conspirators then represented they had taken those courses and earned the degrees from the university when requesting reimbursements and financial incentives from their police department employers, the City of Antioch and the City of Pittsburg.  They were in turn paid additional financial incentives, calculated as percentages of their salaries, while they remained employed by their police departments.

In a span of two years, the conspiracy included numerous other officers and former officers, including Berhan (Pittsburg PD), Amiri (Antioch PD), Theodosy a/k/a Nash (Pittsburg PD), Peterson (Antioch PD), Mejia-Orozco (Pittsburg PD), and Rodriguez Jalapa (formerly Pittsburg PD).

The evidence at trial showed that Amiri texted the person who took his classes for him, writing among other things: “can i hire you [ ] to do my … classes? ill pay you per class”; “don’t tell a soul about me hiring you for this. we can’t afford it getting leaked and me losing my job”; “if i submit my request for the degree on time by the end [ ] of the month i can coordinate my raise in a timely manner”; and “I’m gonna rush order my degree to get my pay raise jump started.”

On the basis of courses taken by this person, Amiri “earned” a bachelor’s degree in Criminal Justice.  Amiri applied for and thereafter received financial incentives from the City of Antioch for having completed university courses and earning a bachelor’s degree.

The jury convicted Amiri of one count of conspiracy to commit wire fraud, in violation of 18 U.S.C. § 1349, and one count of wire fraud, in violation of 18 U.S.C. § 1343.

U.S. Senior District Judge Jeffrey S. White scheduled Amiri’s sentencing for November 12, 2024.  Each of the two counts of conviction carries a maximum sentence of 20 years in prison.  The Court may also order a fine, restitution, and supervision upon release from prison as part of any sentence.  However, any sentence will be imposed by the Court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

A federal grand jury in San Francisco returned multiple indictments on August 16, 2023, that collectively charged ten current and former officers and employees from the Antioch and Pittsburg police departments with federal crimes.  Amiri is the last officer to be convicted in the conspiracy to commit wire fraud case.

Amiri is scheduled for trial in another related case in February 2025.

Former Antioch officers arrested on Thursday, August 17, 2023, are Eric Allen Rombough, Devon Christopher Wenger, Timothy Allen Manly Williams and Daniel James Harris. Photos: APD

Here is the status of the cases: (Rombough, Wenger, Manly Williams and Harris are former Antioch Police Officers).

Case NumberStatute(s)Defendant (Bold: multiple case numbers)Status
23-cr-0026418 U.S.C. §§ 1349 (Conspiracy to Commit Wire Fraud; 1343 (Wire Fraud)Patrick BerhanPleaded guilty 3/26/24, sentencing set for 9/3/24
Morteza AmiriConvicted at trial 8/8/24, sentencing set for 11/12/24
Amanda Theodosy a/k/a NashPleaded guilty 7/30/24, sentencing set for 11/5/24
Samantha PetersonPleaded guilty 1/9/24, sentenced 4/23/24
Ernesto Mejia-OrozcoPleaded guilty 6/11/24, sentencing set for 9/17/24
Brauli Rodriguez JalapaPleaded guilty 6/25/24, sentencing set for 10/22/24
23-cr-0026718 U.S.C. §§ 1519 (Destruction, Alteration, and Falsification of Records in Federal Investigations); 1512(c)(2) (Obstruction of Official Proceedings); 242 (Deprivation of Rights Under Color of Law)Timothy Manly WilliamsPending
23-cr-0026821 U.S.C. §§ 846 (Conspiracy to Distribute and Possess with Intent to Distribute Anabolic Steroids), 841(a)(1), and (b)(1)(E)(i) (Possession with Intent to Distribute Anabolic Steroids)Daniel HarrisStatus set for 8/13/24
21 U.S.C. §§ 846, 841(a)(1), and (b)(1)(E)(i) (Conspiracy to Distribute and Possess with Intent to Distribute Anabolic Steroids); 18 U.S.C. § 1519 (Destruction, Alteration, and Falsification of Records in Federal Investigations)Devon Wenger
23-cr-0026918 U.S.C. §§ 241 (Conspiracy Against Rights), 242 (Deprivation of Rights Under Color of Law); § 1519 (Destruction, Alteration, and Falsification of Records in Federal Investigations)Morteza AmiriTrial set for 2/18/25
18 U.S.C. §§ 241 (Conspiracy Against Rights), 242 (Deprivation of Rights Under Color of Law)Eric Rombough
18 U.S.C. §§ 241 (Conspiracy Against Rights), 242 (Deprivation of Rights Under Color of Law)Devon Wenger
24-cr-0015721 U.S.C. §§ 841(a)(1) and (b)(1)(E)(i) (Possession with Intent to Distribute Anabolic Steroids)Patrick BerhanPleaded guilty 3/26/24, sentencing set for 9/3/24

This prosecution is the result of an investigation by the FBI and the Office of the Contra Costa County District Attorney.

Former Antioch nanny pleads guilty to sexual abuse of small child

Thursday, July 11th, 2024
Michelle Hidalgo in a post on her Facebook page on October 26, 2022.

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

Antioch mayor’s former friend tells DA, Grand Jury about private discussions of city business he held at his home with councilwomen

Wednesday, July 3rd, 2024
The Contra Costa County Civil Grand Jury issued a report to the Antioch City Council following the Contra Costa DA’s letter to the acting city manager earlier this year about possible state open meeting law violations.

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).”

Source: CCC Civil Grand Jury

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
Source: CCC Civil Grand Jury

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.

Source: CCC Civil Grand Jury

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.”

YouTube video screenshot of Councilman Mike Barbanica’s comments on the Contra Costa Civil Grand Jury report posted on Tuesday, July 2, 2024.

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.

Former Antioch Police officer acquitted on assault charge during 2022 traffic stop

Friday, June 14th, 2024
Former Antioch Police Officer Matthew Nutt was prosecuted by the Contra Costa District Attorney’s office but found not guilty and acquitted on Thursday, June 13, 2024.

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.”

Backed by the badge: Ledo announces endorsements of law enforcement in Assembly race

Wednesday, June 5th, 2024
Source: Ledo for Assembly campaign

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.