Video screenshot shows police have a home on Clearbrook Road taped off following the fatal shooting of a toddler Tuesday evening, April 8, 2025. Herald file screenshot
By Allen D. Payton
After completing their investigation into the fatal self-inflicted shooting of a three-year-old Antioch boy on Tuesday, April 8, 2025, Antioch Police will be recommending prosecution of his grandfather who owned the gun.
According to Acting Lt. Bill Whitaker, “The case is going to be presented to the Contra Costa District Attorney’s Office next week with the recommendation of prosecution. The DA’s Office will review the case and will either file the charges or not. If charges are filed, we will send out an updated press release with the charges.”
Whitaker confirmed that the toddler lived in the same home as his grandfather.
Contra Costa D.A. Diana Becton (Herald file photo) and Recall organizers. Source: Recall of District Attorney Diana Becton
Says she “has taken bold actions to protect our communities” recall “misrepresents her record”
Recall supporters claim Becton “publicly opposed Proposition 36”; “failed to provide the justice” and for “disgraceful treatment of…families of…crime victims”
By Allen D. Payton
Although she had seven days to respond to being served with recall papers on St. Patrick’s Day, March 17, 2025, just four days later, on March 21, 2025, Contra Costa District Attorney Diana Becton provided her answer to the effort against her
She signed the letter written in third person which reads:
“The recall against DA Becton is an effort to undermine the will of the people of Contra Costa County. In 2018 and 2022, the voters decisively chose DA Becton because they agreed with and trust her steadfast dedication to public safety, fairness, and justice for all.
DA Becton has taken bold actions to protect our communities – aggressively prosecuting violent offenders, addressing organized retail theft, human trafficking, hate crimes, and eliminating backlogs of untested sexual assault kits. Becton expanded victim support services and pioneered proactive crime prevention programs, to reduce crime before it happens. This recall is not about safety – it’s a politically motivated attack that misrepresents her record and undermines the will of Contra Costa voters. DA Becton’s approach balances accountability with smart, evidence-based policies that reduce crime and keep our neighborhoods safe. DA Becton remains committed to justice, transparency, and creating communities where all residents can thrive. We urge you to reject the recall and stand with DA Becton in continuing to build a safer, more just Contra Costa County. NO on the recall. Let’s move forward together.
Diana Becton
—————-
Although not a required step in the process, in response to Becton’s answer, recall supporters sent the following letter to her, today, signed by Gwyn Gabe, the father of Alexis Gabe, the young Oakley woman who was murdered by her ex-boyfriend in 2022:
April 15, 2025
Dear District Attorney Diana Becton,
This letter serves as our response to your Answer to our Notice of Intent to Recall you from office.
Your claim that the Recall is a politically motivated attack against you is false. I am a democrat, just as you are, and I even voted for you when you ran for District Attorney in 2017. I believed that you would excel as the District Attorney of Contra Costa County, but you have proven that not to be true. The recall effort against you is not about your political affiliation; it is solely focused on your abysmal performance in office. Your failure to enforce our laws has increased crime and endangered our community.
You publicly opposed Proposition 36 which created felony accountability for drug and theft offenses, proving your troubling alignment with criminal interests. Proposition 36 was passed in Contra Costa County by an overwhelming majority of the voters. Clearly, your policies which encouraged crime are not in line with the will of the voters in Contra Costa County. Additionally, your lack of transparency concerning crime rates in our county and your efforts to keep criminals out of jail to commit more crimes have left many residents disillusioned. We stand with crime victims who have been victimized during your administration, who are frustrated with the lack of accountability for criminals, and who are hopeless in their quest for justice. And we stand with the business owners who face rampant on-going thefts and burglaries from repeat offenders while you ignore the issue.
Your disgraceful treatment of my family, and the families of other crime victims, violated our constitutional Marsy’s Law Rights and failed to provide the justice we rightfully deserve. However, our decision to pursue this recall is not driven by a desire for revenge. Our only goal is to ensure that you are removed from office and prevented from continuing to deny justice to other families in the future. We deserve a District Attorney who shows compassion for victims while holding criminals accountable for their actions. We stand united to ensure that your time in office comes to an end.
Sincerely,
Gwyn Gabe
(Father of Alexis Gabe)
Organizer & Proponent for the Recall of District Attorney Diana Becton
Process
According to the California Secretary of State’s Procedures for Recalling State and Local Officials, the next step in the recall process for local officials requires the proponents to prepare the recall petition for circulation.
Recall organizers said, “we expect to learn this week whether our second submission of the Petition to Recall has been approved, allowing us to begin collecting signatures.”
Once the petition is approved, the organizers will then have 160 days to gather about 730,000 signatures of registered voters in the county. (See related article)
Lonnie Ray Decker and Steven Robert Kelly convicted of the January 2024 murder of Roberto Gonzalez-Lamas and the attempted murder of Richard O’Mary
By Ted Asregadoo, PIO, Contra Costa District Attorney’s Office
Martinez, CA – Separate juries in Contra Costa County returned guilty verdicts in three murder trials this week.
On February 18th, a jury convicted Lonnie Ray Decker and Steven Robert Kelly of the murder of Roberto Gonzalez-Lamas and the attempted murder of Richard O’Mary. The shooting occurred on January 23, 2024, in Antioch.
Police responded to multiple gunshots on Bryan Avenue, where both victims were shot several times. Gonzalez-Lamas later died at a hospital, while O’Mary sustained severe injuries but survived. (See related article)
Both defendants will remain in custody without bail. They will be sentenced by Judge Christopher Bowen in Martinez on June 6th, 2025.
In The People v. Phuc Hong Vo, jurors convicted Vo of the first-degree murder of his 75-year-old mother-in-law, Que Thi Tran, and the second-degree murder of his wife, 40-year-old Tho Ngoc Ly. The verdict was reached on February 18th.
The victims were murdered by Vo on or about September 5th, 2023, in Contra Costa County.
While the body of Ms. Tran was recovered in the Oakland estuary on September 30th, police have been unable to locate Ms. Ly. Initially, Vo reported to San Pablo Police that his wife and mother-in-law had willingly left their home after he and Ly argued over family finances.
San Pablo Police became suspicious of Vo after receiving information that the disappearance was likely a double homicide. Moreover, actions by Vo like remodeling his home, hiding his wife’s car, lying to the police, and leaving the United States for Vietnam to meet a woman he had been seeing and wanted to marry, added to the circumstantial evidence that Vo was the only suspect in this case.
Vo will be sentenced at a future date by Judge Charles Burch in Martinez. He faces a sentence of life imprisonment without parole for the double murders.
On February 19th, in The People v. Lawyer Dushan McBride, a jury found McBride guilty of murdering Rashanda Franklin in 2017.
McBride, then 43, was waiting for Franklin, 30, in the church’s parking lot where she took her children to school. He had been following her and harassing her for weeks after she ended their 2-year relationship. Concerned for her safety, she called 911 as she fled the parking lot with her children. As both vehicles approached 29th Street and Rheem Avenue, McBride blocked Franklin’s car, exited his vehicle, and confronted her. The 911 recording captured Franklin pleading, “I’ve got my kids in the car.” McBride responded, “I ain’t playing with you,” before fatally shooting her.
In addition to the murder conviction, the jury found McBride guilty of shooting into an occupied vehicle, stalking, personally using a firearm to cause death, and inflicting great bodily injury in circumstances involving domestic violence.
Judge Mary Ann O’Malley will sentence McBride in Martinez at a date and time determined by the court.
Two of these homicide trials involved family violence. For anyone experiencing domestic violence or elder abuse, help is available at Contra Costa’s Family Justice Centers www.cocofamilyjustice.org or 24-7 through the crisis line at STAND! for Families free from Violence 1-888-215-5555.
Contra Costa District Attorney Diana Becton is presented with her Achievers Award by NOBLE San Francisco Area President and BART Police Deputy Chief Ja’Son Scott at the annual luncheon on Oct. 30, 2024. Photo courtesy of DA Becton.
Receives Achievers Award at annual SF Chapter luncheon
The event was held at Scott’s Seafood Restaurant in Oakland and had the theme of “Staying the Course, Supporting Justice for the Next Generation.” During his welcoming remarks Chapter President Ja’Son Scott, Deputy Chief of the BART Police Department, said the theme, “emphasizes our collective commitment to fostering a brighter future for our leaders in law enforcement and our communities.”
“Today, we come together not only to celebrate the remarkable achievements of our honorees, but also to reaffirm our dedication to justice and equity for the next generation,” he continued. “Your presence here is a testament to our shared mission and the important role each of us plays in shaping a more just society.”
The luncheon’s Keynote Speaker was Jennifer L. Eberhardt, Ph.D., Professor of Psychology at Stanford University and author of Biased: Uncovering the Hidden Prejudice That Shapes What We See, Think, and Do.
In a Nov. 18th post on her campaign Facebook page Becton wrote, “I am deeply humbled and honored to be recognized by NOBLE, National Association [sic] of Black Law Enforcement, San Francisco Area Chapter, with the esteemed Achievers Award, alongside distinguished honorees Janieth Glenn-Davis, Jonni Redick, Sean Washington, and Margaret Dixon.”
Glenn-Davis is the retired Deputy Chief for the BART Police Department, Redick is the retired Assistant Chief of the California Highway Patrol and Washington is Chief of Police for Fremont. Dixon was honored with the NOBLE Partner Award and is a retired Oakland Police Officer.
CCDA Becton participated in the NOBLE presentation panel.Photo: DA Becton campaign Facebook page
In addition, that same day Becton shared, “Law enforcement representatives from the Bay Area participated in a discussion with me, offering expertise on human trafficking activities, trends, and enforcement tactics.”
According to the organization’s website, founded in September 1976, “The National Organization of Black Law Enforcement Executives™, also known as NOBLE®, consists of community leaders united in our mission to promote justice, equity, and excellence in the administration of justice.” Their slogan is “Justice by Action.”
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).
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 Not 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.
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.
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.
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).
Convicted at trial 8/8/24, sentencing set for 11/12/24
Amanda Theodosy a/k/a Nash
Pleaded guilty 7/30/24, sentencing set for 11/5/24
Samantha Peterson
Pleaded guilty 1/9/24, sentenced 4/23/24
Ernesto Mejia-Orozco
Pleaded guilty 6/11/24, sentencing set for 9/17/24
Brauli Rodriguez Jalapa
Pleaded guilty 6/25/24, sentencing set for 10/22/24
23-cr-00267
18 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 Williams
Pending
23-cr-00268
21 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 Harris
Status 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-00269
18 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 Amiri
Trial 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-00157
21 U.S.C. §§ 841(a)(1) and (b)(1)(E)(i) (Possession with Intent to Distribute Anabolic Steroids)
Patrick Berhan
Pleaded 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.
