Two-step process redacts identifying information as required by new state law
OAKLAND – California Attorney General Rob Bonta released Race-Blind Charging Guidelines that address the specific statutory requirements listed in Assembly Bill 2778 (D-McCarty) and Penal Code Section 741, as well as provide prosecutors practical guidance as to how to implement the requirements. The guidelines outline a new two-step process for evaluating charging, including how to redact identifying information, how to document charging decisions, when a crime is excluded from this process, and the requirements to collect and make available for research anonymous data. The guidelines are intended to help reduce the potential for unconscious bias to influence the initial charging decision in legal cases, in accordance with the spirit, law, and goals of PC 741.
“Unconscious bias has no place in the criminal justice system and should not play a role in charging,” Bonta said. “Unfortunately, we know the criminal justice system is not infallible and charging decisions are vulnerable to unconscious bias. This is a reality we cannot ignore and must work to correct. These guidelines will help prosecutors perform their duties in accordance with California law and most importantly, help promote a more fair and equitable charging process for all individuals.”
Studies have shown that unconscious bias may infect decisions within the criminal justice system, despite the best intentions of the parties involved. The guidelines will assist all California prosecution agencies in implementing this new process by January 1, 2025. It includes nine critical components to reduce unconscious bias:
Redaction of Cases Received from Law Enforcement Agencies and Suspects Criminal History Documentation: Prosecution agencies are required to review initial charging decisions based on information, including police reports and suspect criminal history documentation, from which all direct means of identifying the race of suspect(s), victim(s), and witness(es) race is removed.
Race-Blind Initial Charging: Prosecution agencies are required to follow a two-step process for charging cases: a “race-blind initial charging evaluation” based on redacted reports and then an “ordinary charging evaluation” based on the unredacted reports and all available evidence. The initial charge evaluation is intended to perform a gate-keeping and recording function prior to the actual charging process. It contemplates an initial evaluation on whether to file any charges, without specifying what charges might be filed. The more thorough second review will be used to determine individual charges or decide charges with certainty.
Redaction Process for Initial Charging Evaluation: Each prosecution agency must create a redaction process for the materials used in the initial charging evaluation. It must be performed by personnel not association with evaluating or charging the case and may either be done manually or through automation as long as the process ensures correct redaction.
Use of Artificial Intelligence (AI) Tools for Redaction: If an AI system is used, it must be validated before implementation that appropriate safeguards are in place to prevent unauthorized access to sensitive information.
Second Review for Charging: After completion of the race-blind initial charging evaluations, the case shall proceed to a second, complete review for charging. This would include a review of unredacted reports and all available evidence, which may include additional materials, such as video footage, photographs, and complete witness statements, that reveals race but must be reviewed to assess whether the requisite elements have been met to warrant the filing of criminal charges. This is the “ordinary charging evaluation” and must be performed by the same prosecutors who performed the initial charging review.
Documentation of Charging Decision: Prosecution agencies are required to follow a two-step process for charging cases: a “race-blind initial charging evaluation” based on redacted reports and then an “ordinary charging evaluation” based on the unredacted reports and all available evidence. The initial charge evaluation is intended to perform a gate-keeping and recording function prior to the actual charging process. It contemplates an initial evaluation on whether to file any charges, without specifying what charges might be filled. The more thorough second review will be used to determine individual charges or decide charges with certainty.
Inability to Conduct Race-Blind Initial Charging Evaluation: If a prosecution agency was unable to put a case through a race-blind initial charging evaluation, the reason for that inability must be documented and retained by the agency.
Collection of Data and Availability for Research Purposes: Each county in which a prosecution agency resides must, on a usual basis, collect the data resulting from the race-blind initial charging evaluation process, except as such information is protected by privilege including, but not limited to, that found in Penal Code section 1054.6. Each county must ensure that the data is collected, stored, and transmitted in a way appropriate to protect sensitive information.
Exception to the Race-Blind Process: The prosecution agency may exclude the crimes listed at the Penal Code section 741, subdivision (c) from the race-blind charging process. Each prosecution agency may further remove or exclude certain classes of crimes or factual circumstances from a race-blind initial charging evaluation and shall keep a list of the exclusion and their reason for review.
Attorney General Bonta, is committed to fighting for racial justice. In May of 2021 he established the Racial Justice Bureau which, among other things, supports the California Department of Justice’s broader mandate to advance the civil rights of all Californians by assisting with new and ongoing efforts to combat hate and bias. This year, the Attorney General has also engaged with local leaders through roundtables through hate crime roundtables in Bakersfield, Fresno, Anaheim and Irvine.
More broadly, the Attorney General is deeply committed to responding to the needs of historically marginalized and underrepresented communities and, last year, also launched the Office of Community Awareness, Response, and Engagement to work directly with community organizations and members of the public as part of the effort to advance justice for all Californians.
By Ted Asregadoo, PIO, Contra Costa District Attorney’s Office
A jury in Martinez returned guilty verdicts on November 9th for a double murder that took place in Antioch in 2018. (See related articles here and here)
Dontay Javon Williams, a 40-year-old resident of Oakland, has been found guilty of the murders of Milan Ardoin, 28, and her mother, Valinda Scott, 55. At the time, Milan Ardoin was in a relationship with Williams but had communicated her intention to end the relationship over email exchanges. In the early morning hours of July 5, 2018, Williams traveled from Oakland to Antioch, where he fatally shot both Ardoin and Scott outside their residence before fleeing on foot.
While Antioch Police officers were investigating the shooting and canvassing the neighborhood to speak with witnesses, Williams’ wallet — a key piece of evidence – was found on a sidewalk near where the murders occurred.
Williams was convicted of two counts of murder and enhancements for intentionally discharging a handgun, lying in wait, and multiple murders. Moreover, Williams was convicted of possession of a firearm with a prior violent conviction for robbery in Oakland in 2005.
Deputy District Attorney Jennifer Tompkins, who prosecuted the case, said, “For the loved ones who lost two family members in one tragic morning, and who waited years for their day in court, this verdict is a chance to move forward in their long healing process.”
When Williams is sentenced, he faces life without the possibility of parole.
On Thursday, Oct. 26, 2023, San Francisco District Attorney Brooke Jenkins announced that Delandro Belvine-Brown (22) of Antioch, and Sean Raquel Jevonce Simon, Jr. (24) of Richmond, were each sentenced to three years imprisonment after pleading guilty in San Francisco Superior Court to committing robbery in violation of Penal Code Section 211, in relation to a series of retail thefts occurring in San Francisco.
“Retail theft continues to have a major impact on San Francisco’s business community and the city’s economic livelihood. These crimes demand accountability and we need to send the message to others involved in this criminal enterprise that, with the support of our local law enforcement partners, our office will continue to pursue and prosecute those involved,” said District Attorney Brooke Jenkins. “With San Francisco Police Department receiving $15.3 million dollars and our office receiving $2 million from the Organized Retail Theft Prevention Grant Program, law enforcement agencies in San Francisco will continue to identify, investigate, and prosecute all levels of this criminal enterprise.”
In this case, the People alleged that Mr. Belvine-Brown and Mr. Simon were a part of an organized group which committed a series of snatch-and-grab thefts and robberies from Sunglass Hut, LensCrafters, and Veo Optics stores in San Francisco from November 1, 2021, through July 1, 2022. By employing a consistent brazen theft strategy, Mr. Belvine-Brown, Mr. Simon, and others entered the store as a group, rapidly grabbed numerous expensive sunglasses from display shelves, and quickly exited the store and got in an awaiting car. Investigators from SFPD and Brentwood Police Department conducted a joint investigation as there were similar thefts that occurred in Contra Costa County. Investigators from both agencies examined evidence from multiple sources, including store surveillance videos, social media posts, and mobile phone records to identify the Defendants and their criminal activities.
The case against Mr. Belvine-Brown and Mr. Simon was successfully prosecuted by Assistant District Attorney Conrad Del Rosario with support and assistance from District Attorney Inspector Lessa Vivian and Paralegal Chloe Mosqueda. This case was investigated by the San Francisco Police Department’s Burglary Unit and the Brentwood Police Department’s Investigation Division.
“Individuals who openly commit egregious and brazen retail crimes impact not only the store’s viability to stay open for their community, but also have long lasting effects on store employees and customers who are subjected to this blatant disregard for the law,” said Assistant District Attorney del Rosario. “These cases should serve as notice to those would-be thieves that law enforcement will aggressively investigate and prosecute their criminal activity in San Francisco.”
Belvine-Brown and Simon are currently in custody and will be transported to the California Department of Corrections and Rehabilitation’s custody to begin serving their state prison sentences.
Michelle Hidalgo in a post on her Facebook page on October 26, 2022.
Result of effort by countywide task force; held on $700,000 bail
By Ted Asregadoo, PIO, Contra Costa County Office of the District Attorney
A 28-year-old resident of Antioch was charged today in a seven-count felony complaint by the Contra Costa District Attorney’s Office for the production and distribution of child pornography.
Michelle Nicole Hidalgo was arrested on Friday, September 22, 2023, by the Contra Costa County Internet Crimes Against Children Task Force. Officers served Hidalgo with a search warrant at her home and seized equipment used in the production and distribution of pornographic images of minors. The search of Hidalgo’s home and her arrest came after task force members were notified by a social media company on September 21st that child sexual abuse materials (CSAM) of a small child were being shared on their platform.
At the time of her arrest in Antioch, Hidalgo was working part-time as a nanny for the victim’s family.
Hidalgo remains in the custody of the Contra Costa County Sheriff and her bail has been set at $700,000. She will make her first court appearance on Wednesday, September 27, 2023, in Martinez.
According to the Sheriff’s Office, Hidalgo is 5’3”, 250 lbs. and Hispanic and born on born on December 23, 1994 and is being held in the Martinez 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.
The case is being prosecuted by the Sexual Assault Unit of the Contra Costa District Attorney’s Office. It was investigated by the Contra Costa County Internet Crimes Against Children Task Force, in which detectives and investigators from the Walnut Creek, Concord, Pleasant Hill, Brentwood, Pittsburg, San Ramon, Danville, Oakley, and Moraga Police Departments, the Contra Costa County Sheriff’s Office, United States Secret Service, Homeland Security Investigations, and Inspectors from the Contra Costa County District Attorney’s Office participate on the task force.
Anyone with relevant information is asked to contact Senior Inspector Darryl Holcombe, dholcombe@contracostada.org.
Case information: | The People of the State of California v. Hidalgo, Michelle Nicole
Has history of arrests by multiple agencies; group committed more than 100 thefts in 7 counties
By Ted Asregadoo, PIO, Contra Costa District Attorney’s Office
The Contra Costa District Attorney’s Office and officials with the California State Lottery announced Friday, August 18, 2023, that Ryan Anderson plead guilty to nine felony charges as the ringleader of a sophisticated organized retail theft ring.
The 32-year-old Antioch resident (born 1/18/91) was the mastermind behind a group responsible for committing more than 100 organized retail crime thefts from stores authorized to sell California Lottery Scratchers and redeem winning Scratcher tickets for prize money. Anderson, and other associated with him, targeted convenience and grocery stores throughout the counties of Contra Costa, Alameda, Marin, Sacramento, San Joaquin, Solano, and Stanislaus.
“Organized retail crime is serious a crime that will not be tolerated in our communities,” said District Attorney Diana Becton. “We will continue to work with our retailers and all of our state and local justice partners to hold these offenders accountable with arrest, prosecution, conviction, incarceration, and full restitution.”
By early 2022, the California State Lottery investigators — working with multiple law enforcement agencies and Contra Costa DA’s Major Financial Crimes division — identified Anderson as the ringleader of a group responsible for 71 separate thefts of lottery tickets valued at a total of $95,565.00 and an additional $59,105.00 in prize money stolen from 65 retail locations across 7 Northern California counties between March 27th, 2022, and October 25, 2022. The retail crime spree stopped when Contra Costa prosecutors were able to keep Anderson in custody.
Under state laws, the Contra Costa County District Attorney’s Office was able to prosecute Anderson for all his crimes, even though they occurred in multiple counties. This is because state laws allow a single county to prosecute offenses if a crime — or the effects of a crime — crosses county lines.
During a court hearing in Martinez today, the California State Lottery made a victim impact statement noting that “tens of thousands of dollars” Anderson and others stole victimized not only the California State Lottery, but also its retail partners, many of which are “small, independently owned businesses that rely on the sale of Lottery games to thrive.” Moreover, lottery players were victims who lost out on the opportunity to win, and “public school students who have been robbed of additional funds to support important programs and enriching learning environments.”
The terms of the plea mean that Anderson will spend three years in state prison, admit probation violations, and pay full restitution to the California State Lottery. In court, Anderson presented a letter of apology to the victims of the crimes he committed saying, in part, that he wants to make an “honest living” so he will be able to “pay back any money [that] is owed.”
The lengthy investigation into these incidents was favorable due to the partnerships between the Contra Costa District Attorney’s Office, the Contra Costa Probation Department, the Security/Law Enforcement Division of the California State Lottery, and the collaborative efforts of dozens of local law enforcement agencies.
According to localcrimenews.com, Anderson, a 5’11”, 170 lb. Black male, has a history of arrests dating back to 2015 by multiple agencies including Antioch PD, Concord PD, Walnut Creek PD, Contra Costa Sheriff’s Office and Sacramento Sheriff’s Office for a variety of crimes such as assault with a deadly weapon or assault with force likely to produce great bodily harm, vandalism, vehicle theft, attempted robbery, petty theft, DUI and while license suspended, and burglary.
Case No. 04-22-01154 | The People of the State of California v. Anderson, Ryan
Case No. 04-203281-1| The People of the State of California v. Anderson, Ryan
Face six complaints; three APD personnel arrested Thursday now on unpaid leave
By Ted Asregadoo, PIO, Contra Costa District Attorney’s Office
Contra Costa District Attorney Diana Becton announced Friday, August 18, 2023, the filing of charges against five officers who engaged in a criminal conspiracy and accepted bribes for voiding the citations of friends while serving as sworn police officers for the Antioch and Pittsburg Police Departments.
“The charges set forth in these complaints allege offenses of public corruption,” said District Attorney Becton. “As District Attorney for Contra Costa County, my role is to seek justice and work on solutions to improve our communities. The legal action we’ve taken here today reflects that commitment.”
In all, six complaints were filed in Superior Court of California, County of Contra Costa. The alleged offenses center on fixing traffic violations of associates of sworn peace officers. The defendants are: former Antioch officer Timothy Manly Williams and current officers Calvin Prieto, Andrea Rodriguez and Ben Padilla and former Pittsburg officer Juan Ernesto Mejia-Orozco.
On March 22, 2022, state and federal investigators obtained search warrants for the cell phones of a number of officers. During a forensic analysis of the phones, investigators uncovered evidence of criminal wrongdoing, which culminated in conspiracy to obstruct justice and bribery.
Timothy Manly-Williams also faces a federal criminal indictment related to violations that arose out of a joint DA/FBI investigation.
In addition to the criminal conduct, a large trove of overtly racist, sexist, and homophobic text messages was uncovered. The conduct of the officers has compromised a number of cases and triggered scrutiny under the California Racial Justice Act (PC 745).
As previously reported, Manly-Williams, who is no longer with APD, and Mejia-Orozco, were indicted on Wednesday and arrested Thursday following the FBI investigation, along with two current and two former Antioch officers as well as one current Antioch community service officer and one current and two former Pittsburg officers.
In a Friday evening email, Acting Antioch City Manager Kwame Reed wrote, “All staff members that received federal indictment have been placed on unpaid administrative leave.” They include Officers Morteza Amiri and Eric Allen Rombough and Community Service Officer Samantha Genoveva Peterson.
Current and former Antioch officers arrested on Thursday, August 17, 2023, are (top L-R) Community Service Officer Samantha Genoveva Peterson, Officers Morteza Amiri and Eric Allen Rombough and (bottom L-R) former officers Devon Christopher Wenger, Timothy Allen Manly Williams and Daniel James Harris. Photos: APD
Press conference held on arrests, indictments of 3 current, 3 former APD, 3 former Pittsburg and 1 Oakland Housing Authority cops; face up to 10 to 20 years in prison and $250,000 to $500,000 in fines
Three Antioch officers charged with civil rights crimes for their alleged conspiracy to use unnecessary force in deploying munitions and a police K-9
“This is a complicated investigation. These always are.” – U.S. Attorney Ismail Ramsey – “Every defendant is assumed innocent until proven guilty in a court of law. No defendant is charged with all the charges in all the conduct.”
By Allen D. Payton
U.S. Attorney for the Northern California District Ismail Ramsey in his first press conference in San Francisco and Special Agent in Charge of the FBI San Francisco Division Robert Tripp, shared information about the 10 current and former Antioch and Pittsburg Police officers who were arrested this morning on multiple charges. It follows the four indictments issued by the federal Grand Jury, yesterday and which were unsealed, today.
Joining Ramsey and Tripp at the press conference were Contra Chief Assistant District Attorney Simon O’Connell and several members of the prosecution team, Laura Vartain, Chief of the U.S. Department of Justice Northern California Special Prosecution Unit including Alethea Sargent, Assistant U.S. Attorney,Criminal Division, Eric ChengAssistant U.S. Attorney,Special Prosecutions, and Assistant U.S. Attorney Ajay Krishnamurthy.
Former Pittsburg Officer Amanda Carmella Theodosy (aka Nash), Ernesto Juan Mejia-Orozco and Patrick James Berhan were arrested on Thursday, Aug. 17, 2023. Photos: Pittsburg PD (A photo of Oakland Housing Authority officer Brauli Rodriguez Jalapa could not be located).
Indicted and arrested are current Antioch officers Morteza Amiri, Eric Allen Rombough and Community Service Officer Samantha Genoveva Peterson, former APD officers Daniel James Harris, Devon Christopher Wenger and Timothy Allen Manly Williams, as well as former Pittsburg officers Amanda Carmella Theodosy (aka Nash), Patrick James Berhan and Ernesto Juan Mejia-Orozco, and Oakland Housing Authority officer and Brauli Rodriguez Jalapa.
U.S. Attorney for Northern California Ismail Ramsey holds a press conference with and Special Agent in Charge of the FBI San Francisco Division Robert Tripp, (2nd from left), Assistant U.S. Attorney, Special Prosecutions Eric Cheng, Contra Chief Assistant District Attorney Simon O’Connell and Assistant U.S. Attorney Ajay Krishnamurthy. Screenshot of NBC Bay Area News video.
After a year-and-a-half investigation by the FBI and Contra Costa DA’s Office for what were referred to as “crimes of moral turpitude”, committed by the current and former officers were finally described. Ramsey said they include conspiracy to violate civil rights, conspiracy to commit wire fraud, distributing anabolic steroids, obstruction and civil rights violations.
“Every defendant is assumed innocent until proven guilty beyond a reasonable doubt in a court of law. No defendant is charged with all the charges in all the conduct,” he stated.
Ramsey then described the four indictments against the officers.
The first he labeled the “college degree benefits fraud indictment” in which “officers sought to defraud the Antioch and Pittsburg Police Departments. They hired people to attend classes and take exams for them. They conspired…to reap the financial benefits without putting in the work.”
“Two defendants are charged with distributing anabolic steroids,” Ramsey continued. “One of the two defendants destroyed evidence. Those are former Antioch officers Daniel Harris and Devon Wenger.
“One defendant is charged with obstruction indictment,” he continued. “A police officer destroyed, altered evidence to obstruct a federal investigation…monitored a wiretap. He used his own personal phone to call a defendant in the wiretap.” That refers to former Antioch officer Timothy Allen Manly Williams.
Ramsey said he is “Also charged with a civil rights violation in confiscating a citizen’s phone and destroying it to conceal evidence.”
The fourth he referred to as the “deprivations of rights indictment…a 29-page indictment of three officers in the Antioch Police Department.” They include the “improper deployment of canines and weapons to harm individuals in and around Antioch. They boasted about illegal use of force and texted photos of injured individuals,” Ramsey said. That indictment includes current officers Morteza Amiri, Eric Allen Rombough and Wenger.
He referred to them as “a group of officers who acted is if they were above the law. They tried to escape scrutiny by failing to submit truthful reports and deploy body warn cameras.”
Asked later about that claim since Antioch officers didn’t have body worn cameras during the time period of their alleged crimes, DOJ Nor Cal spokesman Abraham Simmons responded, “I am certain he is referencing the allegations actually in the indictments. I can look again at the indictments.”
“Officers take an oath,” Ramsey continued during the press conference. “The indictments paint a picture, today that demonstrate officers who have violated that oath.
“All officers indicted have been arrested,” he added and thanked those involved including CCDA Becton.
FBI Special Agent in Charge Tripp said, they “arrested nine subjects. All are or were associated with the Pittsburg or Antioch Police Departments. Three were current employees who had been placed on administrative leave.”
The arrests were made in “the Bay Area, Hawaii and Texas” and “more than 100 law enforcement employees participated,” he stated.
Tripp said it was the result of “more than two years of painstaking work.”
“The FBI treated these arrests like any other operation,” he said. “We used the same techniques and assessed the risks.
“This case has been the SF Field Office’s top priority,” Tripp continued. “We use the term color of law for the shorthand of someone using their official position to undermine public confidence in the law and undermine the fundamental rights of our citizens.”
“Color of law violations will not be tolerated. Not all indictments are color of law violations. Any breach of the public trust is unacceptable. Nobody is above the law,” he stated.
In response to a question from a member of the media “will more indictments be coming down,” Ramsey said, “The investigation is still continuing,” Ramsey said.
Asked “can we expect any state charges?” he said. “We’re here to comment on our charges. The investigation on the federal side is continuing. We are now at the point where we have indictments returned and individuals in custody.”
Asked where the court cases will be held Ramsey said, “This case is venued in Oakland. There have been numerous hearings today. The schedule for additional appearances is being worked out.”
Asked about those arrested in Texas and Hawaii Ramsey said, “The arraignments for those will happen in the districts where they were arrested. They then have to…be brought to here, to address the charges on this case.”
“Civil rights violations under the color of law are a priority…of my office and the FBI’s,” he stated
Asked about the text messages he responded, “As laid out in the indictment there’s a series of text messages…in which officers are bragging about violating citizens’ civil rights and texting photos of citizens. We believe these are egregious and has led to these charges. This is a complicated investigation. These always are. We have four of the ASA’s who worked tirelessly on this case. They’re prepared to take steps necessary to prosecute.”
“Civil rights violations are a unique priority of ours. I don’t want you to think steroid distribution or wire fraud are not serious. They’re federal violations,” Ramsey added.
Press Release Offers Additional Details in Indictments
A press release labeled “Bad Apples Indictment” was issued later Thursday with additional details about the indictments:
At the press conference, U.S. Attorney Ramsey referred to the first indictment as the “college degree benefits fraud indictment.” According to the indictment, six defendants engaged in a conspiracy to defraud police departments out of taxpayer dollars, including the Antioch and Pittsburg Police Departments, by claiming they had earned college credits toward degrees when, instead, they paid others to attend classes and take exams for them. Specifically, beginning in June of 2019, Officer Patrick James Berhan of the Pittsburg Police Department utilized a person identified as “Individual 1” to complete multiple college courses on his behalf. The courses were credited toward Berhan’s completion of a Bachelor of Science degree in Criminal Justice. Berhan allegedly received a degree and then applied for and received reimbursements and increases to his pay from Pittsburg Police Department. Further, the indictment alleges Berhan “promoted Individual 1’s services” and “benefited from payments received by Individual 1 in furtherance of the scheme.” The indictment describes how five other members of the police departments retained Individual 1 to complete similar coursework from the university. Each paid money to Individual 1, obtained a degree based on the fraudulent coursework, and applied for benefits including reimbursements and increases in pay from their law enforcement employer.
The second indictment charges two defendants with conspiring to distribute anabolic steroids. The indictment describes how Officers Daniel Harris and Devon Wenger, both of the Antioch Police Department, allegedly conspired illegally to distribute the drugs to an unnamed customer. The indictment also alleges that Harris possessed and attempted to possess the drugs, and that Wenger attempted to delete evidence of the scheme from his cellular phone prior to handing the phone over to law enforcement officers.
The third indictment charges a single defendant, Timothy Allen Manly Williams (Manly), also then with the Antioch Police Department, with three charges—two involving alleged interference with a wiretap investigation and the third involving the illegal seizure and destruction of a telephone. The indictment alleges that on March 23, 2021, Manly was assigned to a “wire room” where, pursuant to a court order, he was supposed to monitor communications between a target and others who contacted the target by telephone. While monitoring the target, Manly allegedly used his personal cellphone, dialed a special code to ensure his number would not appear to others, and called a target of the investigation. After dialing the number, Manly also designated his call to the target to be “non-pertinent” ensuring the 14-second conversation would not be recorded. Manly also allegedly made entries on the wire logs to suggest that the call he made resulted in no answer and no audio. The indictment further alleges that on May 6, 2021, Manly was on the scene when another officer deployed a police dog when arresting a person. Upon seeing a witness using a cellular telephone to record the aftermath of the incident, Manly allegedly seized the witness’s telephone and destroyed it.
The fourth indictment charges three Antioch police officers—Morteza Amiri, Eric Rombough, and Devon Wenger—with conspiracy against rights and deprivation of rights under color of law. The 29-page indictment describes how the defendants allegedly communicated with each other and others about using and intending to use excessive force against individuals in and around Antioch. The uses of excessive force included deployment of a K9, deployment of a 40mm “less lethal” launcher, and other unnecessary violence. Further, the indictment alleges that the defendants deployed uses of force as “punishment” to subjects “beyond any punishment appropriately imposed by the criminal justice system,” and allegedly made repeated reference to or suggestion of violating the civil rights of their victims. Examples in the indictment include the following:
On July 24, 2019, Amiri allegedly pulled over a bicyclist, identified as A.A., for failing to have lights on after dark. The indictment alleges that “[i]n the course of apprehending A.A., Amiri punched him multiple times; K9 Purcy then bit A.A. in the arm, injuring him.” Amiri then shared pictures of the victim’s wounds with other Antioch police officers who exchanged text messages including: “Yeah buddy good boy pursy,” “F[expletive] that turd,” and Amiri later stated “Detectives already called PRCS and got him a 45 day violation and we are gonna leave it at that so i don’t have to go to court for the bite. easy.” In response to a question from another officer about what cut the dog’s face, Amiri responded, “that’s a piece of the suspect’s flesh lol.”
On October 8, 2020, Amiri allegedly sent a text message identifying a transient living in Antioch identified as M.Z. stating “anyone that finds him gets code [a free meal or beverage]. This f[expletive] stole my mail and was trying to open accounts under my name.” Wenger responded “Lets beat his f[expletive] ass I’m down after work morty” According to the indictment, the recipients of Amiri’s message located M.Z. later that evening. Amiri then arrived on the scene, shoved M.Z. against a wall and threatened to kill him. The indictment also alleges that a few months later Amiri texted another group of officers in reference to M.Z., “few months ago, I tracked him down and dragged him to the back of a car to ‘discuss’ the matter,” and “putting a pistol in someone’s mouth and telling them to stop stealing isn’t illegal. . . it’s an act of public service to prevent further victims of crimes”
On May 5, 2021, Rombough accompanied other Antioch police officers who responded to a report that transients were living inside a privately-owned unit. While responding, Rombough and another officer located a couple lying on a bed inside a room. Rombough deployed a 40mm less lethal launcher at one of the persons on the bed, hitting them in the chest and knocking them off the bed.
On August 24, 2021, Rombough accompanied other Antioch police officers as they executed a search warrant at a residence in Antioch. Officers located a subject—identified as J.W.—inside a locked bedroom holding a video game controller while sitting on an air mattress, with a video game on a television screen. J.W. removed a pair of headphones and raised his hands as officers, including Rombough, entered the room. One officer took J.W.’s left arm to arrest him as four other officers surrounded J.W. As the other officer held J.W.’s left arm on the bed, Rombough deployed the 40mm less lethal launcher at J.W., injuring him.
The indictment describes several other incidents of excessive force as well as the collection and sharing of pictures to memorialize acts of violence and the collection by defendant Rombough of spent munitions to commemorate his deployment of the 40mm launcher.
An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt.
The indictments charge the following defendants with crimes as follows:
Source: U.S. Attorney’s Office Northern California District
In addition, as part of any sentence following conviction, the court may order defendants to serve an additional term of supervised release to begin after a prison term as well as additional fines, and restitution, if appropriate. Any sentence following conviction would 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.
The case is being prosecuted by the Special Prosecutions Section and Oakland Branch of the United States Attorney’s Office. The prosecution is the result of an investigation by the FBI and the Office of the District Attorney of Contra Costa County.
Judges’ calendars with schedules for upcoming court hearings can be viewed on the court’s website at www.cand.uscourts.gov.
“Police officers promise to enforce laws for the protection of the public and to protect the rights of the accused,” said U.S. Attorney Ramsey. “That is the job. The indictments describe officers who are alleged to have violated this oath. When this happens, the damage done to the public trust cannot easily be calculated. This office will not rest until all persons who have engaged in this sort of behavior are apprehended and prosecuted.”
“This case is one of the highest priorities for the San Francisco Field Office,” said FBI Special Agent in Charge Tripp. “Law enforcement officers bear a tremendous responsibility to police our communities lawfully in keeping with the constitution, and we must always be true to that guiding principle. I want to extend my sincere appreciation to the FBI agents, analysts, and law enforcement partners who worked tirelessly on this case and whose efforts culminated in the operations today.”
For possible “crimes of moral turpitude” following federal grand jury indictment; APOA, Mayor Thorpe issue statements, he calls it “a dark day in our city’s history”; task force set up in parking lot of John Muir Health Brentwood Outpatient Center
By Allen D. Payton
According to an exclusive report by the Mercury News, the Antioch and Pittsburg police officers were arrested by the FBI during raids, Thursday morning, August, 17, 2023. The officers have been under investigation by both the FBI and Contra Costa DA’s Office since early 2022. That followed an indictment issued by the Federal Grand Jury in San Francisco on Wednesday. The details of the indictment have yet to be revealed but are expected to during a press conference scheduled for 3:30 p.m. today.
FBI task force drew a map of homes in the John Muir Health – Brentwood parking lot in preparation for their raids on Thursday, Aug. 17, 2023. Source chose to remain anonymous
Task Force Set Up at John Muir Health in Brentwood
According to a source who chose to remain anonymous, the FBI task force set up in the parking lot of John Muir Health’s Brentwood Outpatient Center on Balfour Road near Highway 4. There were about 20 cars carrying agents, two riot vehicles, and a Life Flight helicopter on stand-by.
As previously reported, the investigation was for alleged “crimes of moral turpitude” defined as “conduct that shocks the public conscience or, which does not fall within the moral standards held by the community.”
The names of the officers and details of their alleged crimes were inadvertently revealed in a report issued by the DA’s Office, earlier this year, that was not properly redacted.
The officers are being investigated “for violations of the following federal offenses; Title 21, United States Code, Sections 841(A), distribution, and possession with intent to distribute a controlled substance; Section 843(b) illegal use of the mail in furtherance of narcotic trafficking; Title 18, USC, 1503 Obstruction of Justice; Section 846, attempt and conspiracy to commit the foregoing offenses; Section 241, Conspiracy for two or more persons to agree to injure, threaten, or intimidate a person in the United States in the free exercise or enjoyment of any right or privilege; and Section 242, a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States. The CCCDAO is investigating these officers for assault under the color of authority, bribery, embezzlement, possession of controlled substances (steroids) for sale, knowing or offering any false or forged instruments, possession, and sales of assault weapons, and attempt and conspiracy to commit the foregoing offenses. The CCCDAO is also reviewing whether any of the above listed individuals have violated Penal Code (PC) section 745, the Racial Justice Act, which prohibits the use of race, ethnicity, or national origin by a law enforcement officer in pursuit of a conviction or sentence.”
The names of the officers under investigation by the FBI and DA revealed in the improperly redacted report were included in the following information:
“On 03/22/2022, the Honorable Presiding Judge Rebecca C. Hardie, Judge of the Superior Court of California, Contra Costa County, signed a search warrant under seal authored by CCCDAO Senior Inspector Larry J. Wallace for the seizure and search of the following cellular telephones: Pittsburg Police Officer Willie Glasper, (redacted phone number); Pittsburg Police Officer Brauli Rodriguez Jalapa, (redacted phone number); Pittsburg Police Officer Ernesto Juan Mejia-Orozco, (redacted phone number); Pittsburg Police Officer James Robert Anderson, (redacted phone number); Antioch Police Officer Ben C. Padilla, (redacted phone number); Antioch Police Officer Eric Rombough, (redacted phone number); Antioch Police Officer Devon Wenger, (redacted phone number); and Antioch Police Officer Andrea Rodriguez, (redacted phone number). The search warrants and affidavits were signed under seal and filed with the Martinez Superior Court.
On 03/22/22, the Honorable Laurel Beeler, United States Magistrate, Northern District of California, signed a federal search warrant under seal authored by FBI Special Agent (SA) Thuy Zoback for the seizure of the following cellular telephones: Pittsburg Police Officer Armando Montalvo; Pittsburg Police Officer Patrick Berhan; (now former) Antioch Police Officer Timothy Manly Williams; Antioch Police Officer Morteza Amiri, Antioch Police Officer Nicholas Shipilov; Antioch Police Officer Eric Rombough; Antioch Police Officer Daniel Harris; and Antioch Police Officer Calvin Prieto. The purpose of the search warrants were to seize electronic communications; such as, but not limited to the following: records and communications indicating the possession, use, purchase, sale, distribution, transfer, theft, and/or concealment of controlled substances, including books, receipts, notes, ledgers, pay and owe sheets, correspondence, records noting price, quantity, date and times when controlled substances were purchased, possessed, transferred, distributed, sold or concealed.
On 03/23/2022, sworn law enforcement members of the CCCDAO and the FBI retrieved the above listed cellular telephones from the above listed sworn law enforcement members of the Pittsburg and Antioch Police Departments. Law enforcement members from the CCCDAO and the FBI downloaded/extracted electronic cellular data communications from the above listed cellular telephones. A thorough review of the electronic cellular data communications took place for the past year.”
However, which officers were arrested Thursday morning has not yet been confirmed. The Antioch officers have been on paid administrative leave since the beginning of the investigation.
Antioch Police Officers Association Issues Statement
The Antioch Police Officers APOA issued a brief statement posted on their Facebook page Thursday morning. It reads, “The APOA has learned that several of our current and former members have been indicted by the FBI at the culmination of their investigation into members of the Antioch and Pittsburg Police Departments. We are saddened to learn of what has happened and look forward to the legal process playing itself out. We are committed to still providing quality service to the citizens of Antioch and also providing support for our members who are still working through this difficult time.
“Today is a dark day in our city’s history, as people trusted to uphold the law, allegedly breached that trust and were arrested by the FBI.
As our city absorbs this tragic news, we must come together as one. Today’s actions are the beginning of the end of a long and arduous process.
To those that have accused me and others of being anti-police for seeking to reform the Antioch Police Department, today’s arrests are demonstrative of the issues that have plagued the Antioch Police Department for decades.
Seeking to reform the Antioch Police Department is not anti-police, it is pro our residents, and pro officers that have served and continue to serve with honor.’
-Office of the Mayor”
Efforts to reach APOA’s attorney, Mike Rains, for comment were unsuccessful prior to publication time. Please check back later for any updates to this report.
