Police, fire department personnel investigate the scene of Mykaella Kayla Sharlman’s body found on fire along the Mokelumne Coast to Crest Trail in Antioch, Monday morning, Oct. 17, 2022. Herald file photos
People vs. Montalvo and Boone cases can be brought back; among cases under review by DA, Public Defender; suspects released; responding officers, lead detective not implicated in texting scandal
By Allen D. Payton
According to Public Information Officer Ted Asregadoo, on Tuesday, June 6, 2023, the Contra Costa District Attorney’s Office determined the prosecution of The People of the State of California vs Ashton Montalvo and Deangelo Boone could not proceed to trial and moved to dismiss the case.
A dismissal at this juncture affords the District Attorney’s Office the ability to refile criminal charges against Montalvo and Boone and reinitiate legal action if new evidence is developed.
In this case, the prosecution of 42-year-old Deangelo Laraye Boone of Antioch and 33-year-old Ashton Kentrell Montalvo, of either Bay Point or Antioch, for mutilation and arson of the remains of 25-year-old Mykaella Kayla Sharlman found on the Mokelumne Trail in Antioch on October 17, 2022, relied heavily on the investigative work of Antioch Police Officers who are associated with racist text communications. (See related articles here, here, here, here and here)
After thoroughly reviewing the officers’ role in this case, applying relevant legal principles, and considering ethical responsibilities, the Contra Costa District Attorney’s Office no longer has confidence in the integrity of this prosecution.
“Our office extends our deepest sympathies to the family of Mykaella Sharlman and we aspire to renew this prosecution if presented with the opportunity to do so,” Asregadoo shared.
Case No. 04-22-01086 | The People of the State of California vs. Montalvo, Ashton
Case No. 04-22-01085 | The People of the State of California vs. Boone, Deangelo Laraye
As previously reported, District Attorney Diana Becton, Public Defender Ellen McDonnell, Betty Barker from the Alternate Defender Office, and the Director of the Contra Costa Conflict Program, Oksana Tsykova met in April to discuss the creation of a process to address cases affected by the disclosure of cruel, racially insulting, and hostile text messages written or received by members of the Antioch Police Department.
The Contra Costa District Attorney’s Office is working to identify cases that are potentially compromised by the text messages. Once we’ve identified those cases – and any overlapping conflicts — they will initiate a detailed review process for potential dismissal, resentencing, or the preservation of convictions.
The DA’s Office was asked for the names of the officers associated with the two cases and if the suspects have been released. Asregedoo responded, “APD should have the information on what officers were involved in the investigation of the Boone/Montalvo case. As to whether both men are out of custody, unless they have holds on priors, they are likely out.”
“The texting scandal was only part of it,” he added. “There were other issues with the case. But we’re hopeful APD can pursue other investigative avenues and bring more evidence to review for a charging decision.”
Antioch Police Department PIO Corporal Price was then asked for the names of the officers and Contra Costa Sheriff’s Office spokesman Jimmy Lee was asked if the suspects had been released. publication time.
Lee responded, “They are no longer in custody.”
UPDATE: Kendall responded, “We will not be releasing the names of the officers involved in the investigation. However, none of the officers that initially responded to the call or the lead detective that filed the case were implicated in the text messages.”
Please check back later for any updates to this report.
Will pay almost $8 million for selling expired over-the-counter drugs and baby formula.
By Ted Asregadoo, PIO, Contra Costa County District Attorney’s Office
The Contra Costa County District Attorney’s Office Consumer Protection Unit has settled a civil law enforcement action against CVS Pharmacy for selling expired over-the-counter drugs and baby formula.
The settlement is part of a multi-county enforcement action initiated by Contra Costa, Santa Cruz, Fresno, Marin, Placer, Riverside, Sacramento, San Bernardino, San Joaquin, Shasta, Solano, and Yolo Counties District Attorneys’ Offices. Locally, Contra Costa Deputy District Attorney Bryan Tierney prosecuted the case against CVS Pharmacy, Inc., Longs Drug Stores California, L.L.C., and Garfield Beach CVS, L.L.C., (“CVS”).
CVS Pharmacy owns and runs pharmacies and retail stores throughout California – with 31 stores in Contra Costa County. These stores offer a variety of products such as over-the-counter drugs, food, infant formula, and baby food.
California law prohibits retailers from selling or offering for sale any over-the-counter drug that has expired. Also, food retailers in California are prohibited from selling or offering for sale any infant formula or baby food that has passed its “use by” date, as mandated by the federal Food, Drug, and Cosmetic Act.
The civil complaint — which was filed in Santa Cruz County Superior Court on May 9th — alleged that CVS Pharmacy has been selling expired over-the-counter drug products, as well as infant formula and baby food past their “use by” date for the past four years.
After being informed of the violation, CVS Pharmacy cooperated with authorities and acted by conducting internal checks for expired over-the-counter drugs, infant formula, and baby food that were past the “use by” date at all their retail locations in California. CVS Pharmacy also invested time and resources to retrain store personnel to verify the expiration dates of food and drug products.
It’s important to note that the investigation did not uncover any evidence that the sale of expired or past the “use by” date products resulted in harm to consumers.
Contra Costa District Attorney Diana Becton said, “This enforcement action underscores how our work helps to protect consumers from unlawful business practices. The residents of Contra Costa County must have confidence that the products they purchase are safe and not beyond their expiration dates. This settlement shows that CVS Pharmacy understands the seriousness of the violations and has taken steps to remedy the problem.”
CVS Pharmacy agreed to abide by a court order that prohibits any further violations of California law regarding the sale or offer for sale of expired over-the-counter drugs or infant formula and baby food past their “use by” date. The agreement was made without admitting or denying any wrongdoing. As part of the judgment, CVS will pay $6,500,000 in civil penalties and investigative costs, as well as an additional $1,000,000 in restitution. The restitution amount will be contributed to various charitable organizations that serve California residents throughout the state. Locally, CVS Pharmacy will pay the Contra Costa County District Attorney’s Office $475,000 in civil penalties, and $19,000 to reimburse the office for prosecution costs.
In response to the letter from the Contra Costa Public Defender Ellen McDonnell to DA Diana Becton on Friday, requesting all cases brought by the Antioch Police Department be dismissed and all inmates be released, due to the racist text scandal, a meeting was held Monday afternoon to discuss the matter. (See related articles here, here and here)
DA’s Office PIO Ted Asregadoo sent the following statement “about the meeting that happened at 1 pm today at the DA’s Office”:
“Today, District Attorney Diana Becton, Public Defender Ellen McDonnell, Betty Barker from the Alternate Defender Office, and the Director of the Contra Costa Conflict Program, Oksana Tsykova met to discuss the creation of a process to address cases affected by the disclosure of cruel, racially insulting, and hostile text messages written or received by members of the Antioch Police Department.
The Contra Costa District Attorney’s Office is working to identify cases that are potentially compromised by the text messages. Once we’ve identified those cases – and any overlapping conflicts — we will initiate a detailed review process for potential dismissal, resentencing, or the preservation of convictions.
The DA’s Office is working to ensure that public safety and serving the interest of justice are priorities in this process.”
The scandal involves as many as 45 Antioch cops, focusing on 14 and one in particular, with many of them on paid leave during the police department’s own investigation.
McDonnell was asked if she had any comments about the meeting but did not respond prior to publication time.
Please check back later for any updates to this report.
Won’t say who sent the report or to whom; issues further redacted second report
By Allen D. Payton
After a second, 14-page investigative report on Antioch Police Officers’ racist texts was leaked and posted on social media on Saturday, April 15, questions were sent to DA’s Office PIO Ted Asregadoo that day asking to whom the report was sent, why it was prepared separately from the 21-page report, why it wasn’t sent to the media and was it intended to be shared with the media. He was also asked how the East Bay Times obtained it earlier in the week, was it leaked by someone in the DA’s Office and if so, who. Finally, Asregadoo was asked if there is an investigation in the DA’s Office to determine who leaked the 21-page report and this other, 14-page report.
Asregadoo responded Monday morning, “Our inspectors have investigated the matter and determined someone outside of our organization disclosed the reports to the public and press.”
He was then asked again, to whom were the redacted reports sent from the DA’s Office and who sent them.
Asregadoo also sent out the following press release about the matter, and provided a further redacted copy:
“The Contra Costa District Attorney’s Office has made a second investigative report available to the public. Like the previous report, this one also details texts and images sent and received by certain members of the Antioch Police Department in March 2021.
On April 7, 2023, the court ordered the DA’s Office to disclose redacted investigative reports to defense attorneys representing clients in a felony criminal case. The judge issuing the order reminded defense counsel about the sensitive nature of the content of the reports and urged caution in its distribution beyond the parties involved in the criminal case. The District Attorney’s Office agreed with the court advisory — as the documents contained explicit words and images that are hurtful, offensive, and inflammatory.
Media interest in accessing the second report increased over the weekend when a copy of it was leaked to the press and public by an individual or group outside of the DA’s Office.
Like the 21-page report that the DA’s Office made available on April 13, 2023, a redacted copy of a 14-page investigative report is available to view. The DA’s Office added further redactions to balance public interest with the sensitive nature of what is contained in the report.
To view or download the redacted report, click here.”
Claims “At least 45 APD officers were on the text chains”
“I request you immediately dismiss all pending Public Defender cases involving APD, agree to release our incarcerated clients, and cease filing any APD related cases.”– Public Defender Ellen McDonnell
“Text messages… reveal a deeply entrenched, department-wide culture of racism, homophobia, targeted violence against Black people, selective enforcement of laws against Black people, fabrication of evidence, and utter disregard of civil and human rights.”
By Allen D. Payton
INVESTIGATIVE REPORT
In response to the reports of Antioch Police Officers’ racist texts released this past week, Contra Costa Public Defender Ellen McDonnell sent a letter to DA Diana Becton on Friday, April 14, 2023, requests she “dismiss all pending Public Defender cases involving APD, agree to release our incarcerated clients, and cease filing any APD related cases.” See related articles here and here)
McDonnell had previously asked Becton to pause all criminal filings and prosecutions of the Antioch officers involved in the text scandal and investigation. Now, based on the additional information that more officers including department leaders were included in the text messages exchanged, she’s requesting much more.
I am in receipt of redacted versions of Contra Costa County District Attorney Senior Inspector Larry Wallace’s investigative reports.1 The Antioch Police Department (APD) text messages discussed in the reports reveal a deeply entrenched, department-wide culture of racism, homophobia, targeted violence against Black people, selective enforcement of laws against Black people, fabrication of evidence, and utter disregard of civil and human rights. At least forty-five APD officers2 were on the text chains disclosed thus far. The officers run the gamut from patrol officers to lieutenants. Of the twelve non-CSO senior officers3 in APD’s investigations bureau4, eleven were recipients or active participants in the text chains. The president of the Antioch Police Officers Association, an APD sergeant, was actively involved. Even the internal affairs sergeant participated in the group sending these vile text messages.
At least sixteen of the forty-five officers are in leadership roles at APD as detectives, sergeants, and lieutenants showing they endorsed and shared in these views.
The public simply cannot have trust or confidence in any criminal prosecution involving APD. No one should be charged with a crime based on the report of a police department so thoroughly riddled with corruption. I request you immediately dismiss all pending Public Defender cases involving APD, agree to release our incarcerated clients, and cease filing any APD related cases.
Following up on my March 30,2023 letter, incorporated by reference, I request you identify all law enforcement officers involved in the text messages (whether as active participants or recipients), as well as all Public Defender and Alternate Defender pending and closed cases where the officers were involved in the investigation. I also request that you provide unredacted copies of Inspector Wallace’s reports and further disclose all of the text messages themselves.
The vile text messages were apparently discovered while investigating other acts of moral turpitude by members of APD and the Pittsburg Police Department (PPD). News reports have characterized the acts being investigated as “using cocaine and steroids, cheating on tests or misrepresenting their own training, and assaulting people, among other offenses”5 and “trying to fraudulently obtain college degrees in order to collect pay bumps.”6 At least one PPD officer has been charged with selling AR-15 firearms. {People v. Armando Montalvo, Contra Costa Superior Court docket no. 01-22-02142.)
News reports indicated a grand jury was convened and indictments were expected in or around December 2022.7 It has now been over a year since the news first broke of your office’s joint investigation with the Federal Bureau of Investigations of criminal conduct by APD and PPD police officers. I request information regarding the status of this investigation and its estimated end date.
Following up on my March 28, 2022, letter, incorporated by reference, I request you identify all APD and PPD officers that were or are being investigated for crimes of moral turpitude, as well as all Public Defender and Alternate Defender pending and closed cases where the officers were involved in the investigation. I further request you provide police reports and other investigative materials without insisting on a protective order. The extent of the hatred and lawlessness that has recently been revealed within APD is unfathomable. Continuing to prosecute the victims of APD’s targeted, violent, racist policing while simultaneously shielding the officers’ identities and the full extent of their misconduct and criminal activities is manifestly unjust. I request immediate full discovery and complete transparency. Please see the attachment for a specific list of items requested.
Thank you in advance for your assistance and cooperation with this matter. If you have any questions about this request, please let me know. I look forward to discussing this matter with you on Monday, April 17 at 1:00 p.m.
Sincerely,
Ellen McDonnell
Public Defender
Contra Costa County
1 Nos. 01-1046493/21-001905, dated March 28, 2023, and 013-1046493, dated March 27, 2023.
2 As of March 14, 2019, APD’s roster contained 115 staff. Assuming the current roster is similarly sized and consists entirely of sworn officers, approximately 40% of APD officers are party to the text message chains.
3 Nine are detectives, two are sergeants and one is a lieutenant.
Attachment to April 13,2023 Letter to Diana Becton – Discovery Request
This discovery request is made pursuant to the United States Constitution, Amendments V, VI, and XrV; Brady v. Maryland (1963) 373 U.S. 83 and its progeny; California Penal Code section 1054,1; and California case law. The requested material does not constitute personnel records protected by Pitchess, as it was not generated in coimection with appraisal or discipline, was generated independently of internal investigation, and arose in the context of a criminal investigation. {Pasadena Police Officers Association v. Superior Court (2015) 240 Cal.App.4th 268, 287-288, 292; City of Eureka v. Superior Court (2016) 1 Cal.App.5th 755.)
Please provide the following materials:
1. A list of all Antioch Police Department (APD) and Pittsburg Police Department (PPD) officers being investigated by Contra Costa District Attorney’s Office and/or the Federal Bureau of Investigations for acts of moral turpitude;
2. Investigative reports, recordings, videos, phone records, and/or any other materials gathered during the course of the investigation, in complete and unredacted form, without any limiting protective order;
3. A list of all law enforcement officers involved in the text chains that were discovered by your office during the investigation of acts of moral turpitude, and the agency each officer is employed by;
4. Unredacted copies of any reports regarding the text messages, including but not limited to Contra Costa County District Attorney Senior Inspector Larry Wallace’s reports;
5. Copies of all the text messages discovered to date, including any that may have also been sent or received by PPD officers or officers in any other law enforcement agencies;
6. Any other investigative reports, recordings, videos, phone records, and/or any other materials gathered during the course of investigating the text messages, in complete and unredacted form, without any limiting protective order;
7. A complete list of all pending and closed Public Defender and Alternate Defender cases in which the officers engaged in the text messages, whether as recipients or active participants, and/or under investigation for crimes of moral turpitude, were involved;
Please consider this request as ongoing. As your office obtains new material, please continue to provide complete, unredacted discovery and provide an updated list of affected cases.”
Questions for DA Becton, Antioch Police Chief Ford
Becton and Antioch Police Chief Steve Ford were asked via email Saturday afternoon if they had responses to McDonnell’s request.
4/17/23 UPDATE: DA’s Office PIO Ted Asregadoo responded Monday morning, “DA Becton and PD McDonnell are scheduled to meet this afternoon at 1 pm at the DA’s Office on Ward Street in Martinez.”
Please check back later for any additional other updates to this report.
Focuses on Officer Eric Rombough, involves seven others including sergeant, detective, plus, U.S. Postal Inspector
“Nice babe, another one for the mantle.” – from an unidentified person in response to Rombough bragging about beating and shooting one of the suspects with a non-lethal weapon
WARNING: Contains offensive language
By Allen D. Payton
Another report by Larry J. Wallace, Senior Inspector with the Contra Costa County District Attorney’s Office was leaked and posted on social media on Saturday, April 15, 2023 about the two suspects and the eight Antioch Police Officers involved in a murder case, plus, a U.S. Postal Inspector, and their racist and other offensive texts. Some of the texts were included in the previously released 21-page report dated March 27, 2023.
The 14-page report, dated March 28, 2023, focuses on the “text messages derived from the personal cellular telephone belonging to Antioch Police Department (APD) Officer Eric Rombough” and include “conversations between APD Officer Rombough and the following APD Officers regarding an investigation into Teryon Deshon Pugh and Trent Allen in March of 2021: APD Sergeant (Sgt) Josh Evans, Detective Robert Gerber, Johnathan Adams, Scott Duggar, Timothy Manly Willams, Tom Smith, and Brock Marcote.” The report also shows offensive texts between Rombough and U.S. Postal Inspector Francisco Garcia. Many of the texts reveal mistreatment of the two suspects.
Antioch Police Officer Eric Rombough following his hire as a lateral officer from the Alameda County Sheriff’s Office on Feb. 14, 2017. Photo by APD
Examples of Text Messages
On March 20, 2021, the report shows text message exchange between Rombough and Gerber:
At 9:16 p.m., APD Officer Rombough responded, “Bro I can’t wait to forty all of them (“forty” or “40” are references to the deployment of the 40mm less-lethal launcher)”
At 9:16 p.m., APD Detective Gerber text, “Hell yeah.”
The report shows more racist texts sent on March 25, 2021:
At 7:36 p.m., APD Officer Rombough texted, “Well we knew they wouldn’t be by the pool.”
At 7:39 p.m., APD Officer Rombough text, “Look at all the Infiniti’s.”
At 7:40 p.m., APD Officer Rombough text, “And cuz they’re dark black.” APD Officer Adams responded with “(laughing emoji).”
At 7:41 p.m., APD Officer Rombough text, “Gotta get them to smile.”
At 8:02 p.m., APD Officer Rombough continued, “Definitely can’t see them.”
The report reads: On 3/30/202 at 8:22 p.m., APD Officer Rombough text APD Detective Gerber, “This looks like dudes car from his ig.” – a reference to Instagram.
At 8:23 p.m., APD Officer Rombough text, “And he’s chilling at ruth Chris steakhouse”. I hate all of them.”
At 8:24 p.m., APD Detective Gerber text, “Turds… all turds”, a comment that APD Officer Rombough “liked”.
The texts on the final day of the report’s time period included exchanges with an unidentified person who praised Rombough for mistreating suspects and claim by Marcotte that a nurse laughed about a suspect being in pain:
On 03/31/2021, at 8:29 a[sic].m., APD Officer Rombough text “Yeah 40 deployment” and “F-g–t got his ass whooped.”
At 9:09 a.m., (An unidentified person) text, “Nice babe, another one for the mantle.”
At 9:10 a.m., APD Officer Rombough texted, “Murder suspect. In custody and that a–hole made me run.” (An unidentified person) text, “Good thing you fast honey.”
At 9:12 a.m., APD Officer Rombough text, “We managed to setup a perimeter and he ‘got his ass whooped in the back yard and I field goal kicked his head. (An unidentified person) responded, “I thought that was a no no.”
At 9:13 a.m., APD Officer Rombough text, “No we can do that just no chokes” and “I tried to knock him unconscious. And he got muzzle thumped 6 times before he gave us his hands.”
At 9:12 a.m., APD Officer Marcotte responded, “The nurse saw me smiling when he was ‘making noises in pain and she started laughing (laughing emoji).”
At 9:13 a.m., APD Officer Rombough text, “Lmao.”
At 9:15 a.m., APD Officer Rombough added, “What a b–ch.”
At 9:24 a.m., (An unidentified person) texted, “Glad you’re havin fun babe.”
At 9:25 a.m., APD Officer Rombough text, “It was nice after a very boring swat op.”
During this same time, APD Officer Rombough also group text his co-workers, APD Officers Brock Marcos, Timothy Manly Williams, (An unidentified person) and Scott Duggar, (An unidentified person)
At 8:45 a.m., APD Officer Rombough texted the group, “Lol I 40d him right next to his throat.”
At 8:46 a.m., APD Officer Marcotte responded, “Oh f–k” and “Cuz he ducked so fast.”
Later that day the report reads, At 4:43 p.m., APD Officer Rombough replied, “Yup and another f–g-ot in the butt” and “2 for the day.”
At 4:49 p.m. (An unidentified person) responded, “Nice babe.”
Only One Reference to Officers Being Corrected by Department Leader
During an exchange with Rombough on March 31, 2021 the report reads, At 3:11 p.m., APD Officer Adams texted, and “…I forgot that Koch wanted us to stop sending dumb sh-t. Oops.” He was referring to Sgt. Matthew Koch. This is the only text in the report that references any department leader correcting the officers for their offensive texts.
Text Exchange Between Rombough & Postal Inspector Garcia
The text message exchange with Postal Inspector Garcia in the report reads: On 03/31/2021, a 3:10 p.m. APD Officer Rombough text United States Postal Inspector Francisco Garcia, “I 40d and field goal kicked one that fled from us on foot today.”
At 3:11 p.m., United States Postal Inspector Garcia responded, “(laughing emoji)”.
At 3:12 p.m., APD Officer Rombough text, “Bro but my foot f—ing hurts.”
At 5:13 p.m., United States Postal Inspector Garcia asked, “Did you find any guns on any of them?”
At 5:21 p.m., APD Officer Rombough replied, “Sorry we were taking down a second ‘murder suspect and he got 40d too.”
At 5:58 p.m., United States Postal Inspector Garcia texted, “(laughing emoji)….That 40 flag is coming along!! Murica!!”
Questions for DA’s Office
Questions were sent to DA’s Office PIO Ted Asregadoo Saturday afternoon asking to whom the report was sent, why it was prepared separately from the 21-page report, why it wasn’t sent to the media and was it intended to be shared with the media. He was also asked how the East Bay Times obtained it earlier this week, was it leaked by someone in the DA’s Office and if so, who. Finally, Asregadoo was asked if there is an investigation in the DA’s Office to determine who leaked the 21-page report and this other, 14-page report.
4/17/23 UPDATE: Asregadoo responded Monday morning, “Our inspectors have investigated the matter and determined someone outside of our organization disclosed the reports to the public and press.”
He was then asked again, to whom were the redacted reports sent from the DA’s Office and who in the DA’s Office sent them out. Asregadoo later sent out a press release about the matter with a further redacted copy of the 14-page report.
By Ted Asregadoo, PIO, Contra Costa District Attorney’s Office
As part of National Crime Victims’ Rights week in April, the Contra Costa District Attorney’s Office is actively seeking Community Safety Panelists for the Neighborhood Restorative Partnership (NRP) to help survivors of crime recover from the trauma they have experienced. (See related article)
“Victims of crime are often the last ones to receive help in terms of counseling and other resources,” District Attorney Diana Becton noted after analyzing the state budget. “California spends around $50 billion a year on law enforcement, prisons, and county jails. However, for victim-centered services and programs, the state only spends around $100 million.”
The NRP is a community-based program that prioritizes victims. Its goal is to help victims heal and rebuild their lives after suffering from the effects of crime. The program was initiated by the Contra Costa County District Attorney’s Office as a program that moves beyond a one-size-fits-all approach to crime.
NRP addresses low-level misdemeanors, such as vandalism, alcohol control violations, and other quality of life crimes by partnering with members of the community as Safety Panelists. Panelists are chosen through an application and screening process. They receive training at the DA’s Office and are then empowered with the authority – pursuant to PC 14150-14156 — to mediate certain types of misdemeanor offenses.
Safety Panelist Susan Hildreth said the NRP program “is a great opportunity for community members to work together in a safe, open and confidential setting, to achieve positive outcomes or victims, participants, and the community.”
Contra Costa residents interested in becoming a Community Safety Panelist can apply here. Email completed applications to: DA-NRP@contracostada.org, or by mail to the Contra Costa District Attorney’s Office, Attn: Janet Era, Neighborhood Restorative Partnership, at 900 Ward Street, 2nd Floor, Martinez, CA 94553.
Posted on social media; covers period from Sept. 2019 to April 2022
“text communications between sworn law enforcement members of the Antioch Police Departmentwe believe may have violated the Racial Justice Act.” – Report
DA issues further redacted report Thursday afternoon
WARNING: Contains offensive words and images
By Allen D. Payton
On Monday, April 10, 2023, under order of a Contra Costa Superior Court judge the District Attorney’s Office released the unredacted report of racist and other offensive texts by Antioch Police officers to the defense attorneys in a murder case of four suspects in which officers are involved. Then on Tuesday a redacted version was exclusively shared with reporters for the Mercury News for an article published that day. That same day the DA’s Office PIO Ted Asregadoo said they were redacting the report further before issuing it to other media and on Wednesday he said it wasn’t ready yet and will “have more info on Friday.” But today, Thursday, April 13 the report provided to the Mercury News was leaked by someone and posted on social media. (See DA’s Court ordered redacted report)
“The judge said to the DA’s office we had to provide the unredacted version to the defense for discovery,” Asregadoo explained. “But she also ordered redactions had to be made such as officers’ cell phone numbers and other information for disclosure.”
He said the leaked redacted version did come from the DA’s Office but he didn’t know who leaked it. But they will be releasing a further redacted version of the report, later today. That occurred at 4:33 p.m.
The texts included in the report, by CCCDA Senior Inspector Larry J. Wallace, were sent and received by officers from September 2019 to April 2022. The report lists the 14 “Antioch Police Department Officers Sending Communications”: Sergeants Josh Evans and Rick Hoffman, who is also president of the Antioch Police Officers Association, Detective Robert Gerber, and Officers Jonathan Adams, Morteza Amiri, Scott Duggar, Aaron Hughes, Brayton Milner, Calvin Prieto, John Ramirez, Andrea Rodriguez, Eric Rombough, Kyle Smith and Devon Wenger.
The report also claims, “the CCCDAO and the FBI found text communications between sworn law enforcement members of the Antioch Police Department that we believe may have violated the Racial Justice Act. This report documents some of the derogatory, homophobic, and sexually explicit language and photographs shared by members of the Antioch Police Department that demonstrates their racial bias and animus towards African Americans and other people of color in the community. This report does not include every derogatory text message retrieved during our review of the above listed (redacted) cellular telephones. This is an ongoing state and federal criminal investigation which may lead additional disclosures. This report also documents potential dishonesty, perjury, abuse of authority, and the violation of individual’s civil rights.”
The California Racial Justice Act, AB2542, passed in 2020, prohibits “the state from seeking a criminal conviction or sentence on the basis of race, ethnicity, or national origin.”
The report further reads, “This is a joint investigation being conducted by the Federal Bureau of Investigation (FBI) and the Contra Costa County District Attorney’s Office (CCCDAO) involving law enforcement officers currently and formerly employed by the Antioch Police Department (APD) and the Pittsburg Police Department (PPD) regarding crimes of moral turpitude and criminal offenses.”
Asked if the 14 officers on the list are now included in the FBI investigation, the DA’s PIO Asregadoo said, “I can’t confirm that because I don’t know the scope of the FBI investigation.”
Other Sergeants and Officers Received Text Messages
The report also shows other officers received one or more of the text messages, including Sergeants Jimmy Wisecarver, Matthew Koch, James Stenger, Trevor Fortner, and Loren Bledsoe, the current Vice President of the APOA, and Officers Daniel Harris, John Cox, Jonathan Adams, Kyle Smith, Jacob Ewart, Ryan McDonald, Joseph Magana, Casey Brogdon, Tom Lenderman, Aaron Hughes, Adrian Gonzalez, Matthew Nutt; Brock Marcotte, Scott Duggar, Timothy Manly Williams (who quit the department in 2021), Kelly Inabett, Zechariah Matis, Brock Marcotte, Ryan McDonald, Brittney Crites, Quamaine Murphy, Johnathan Adams, Jiseok Jeong, Adam Duffy, Casey Brogdon, Matthew Summers, Tom Smith, Marcos Torres, Randall Gragg, Samantha Peterson, Brayton Milner and Arturo Becerra, as well as Brentwood Police Officer Lindzie Laughridge.
Examples of Offensive Messages
The texts include words and memes using derogatory terms, such as, “Ni–a”, “Beaner”, “gorillas”, “I’ll bury that ni–er in my fields”; “monkeys”, “f-g–ot” and more.
The report also shows other text messages in which officers claimed they were breaking the law and violating citizens’ rights. For example, the report reads, “On 04/29/2020, at 5:10 p.m., APD Officer Amiri text Brentwood Police Department (BPD) Officer Lindzie Laughridge, ‘Since we don’t have video I sometimes just say people gave me a full confession when they didn’t. gets filed easier.’”
Another message sent threatened harm to Antioch Mayor Lamar Thorpe. The report reads, “On 06/08/2020, at 9:27 a.m., Officer Ramirez text to APD Officers, “I’ll buy someone a prime rib dinner at House of prim rib to 40 that mfr (Thorpe) during the protest today.” This is a reference to the potential use of a .40mm less lethal launcher being utilized on current Antioch Mayor Lamar Thorpe. The following APD Officers received the above listed text message: Sgt.’s Josh Evans, James Wisecarver, Rick Hoffman, Loren Bledsoe, and James Stenger; Detective Robert Gerber; APD Officers John Cox, Jonathan Adams, Kyle Smith, Jacob Ewart, Ryan McDonald, Joseph Magana, Eric Rombough, Daniel Harris, Casey Brogdon, Tom Lenderman, Aaron Hughes, Adrian Gonzalez, Matthew Nutt, Brock Marcotte, Scott Duggar, and Timothy Manly Williams.”
The report also includes text messages about specific cases. It reads, “At 6:28 p.m., APD Sgt. Wisecarver text, ‘Baldwin was the one providing the grades.’ APD Officer Aaron Hughes adds, ‘84% percentile for deadly force.’ APD Officer Inabnett responds, ‘But we kill more mexicans than anything else. Soo blacks can feel safe.’ This is a reference to Malad Baldwin who was assaulted by the APD in 2014, and his mother, Kathryn Wade, later stated this incident led to him suffering from mental illness, and he later died.”
The report reads about another offensive text that “On 06/22/2020, at 9:04 a.m., APD Officer Rombough text a private citizen a photograph depicting a large naked African American male, with his penis exposed, sitting on the neck of George Floyd.”
The report also shows officers conspiring to write false information about a suspect. It reads, “On 07/02/2020, at approximately 9:55 a.m., APD Officer Rodriguez text APD Officer Prieto, ‘I don’t know if I can do the DRE (drug recognition evaluation) cuz he’s knocked out now. APD Officer Prieto responds, ‘No we’ll just say he refused to comply and take the blood. Sh-t aint going anywhere. If anything he’ll get hit for the 2800.4 (California Vehicle Code Section 2800.4 Evading an officer by driving opposite of traffic).’
At approximately 9:56 a.m., APD Officer Rodriguez responds, ‘Okay that’s cool then. What’s the case number again’. APD Officer Prieto responds, ‘5516’.”
The report also shows texts by officers of how they would destroy evidence on their phones if an investigation occurred. It reads, “On 01/13/2021, at 8:22 p.m., APD Officer Morteza Amiri sends information regarding an article where cellular telephones were seized from 100 Oakland Police Officers. At 8:26 p.m., Sgt. Hoffman text, ‘If anyone tries to grab my personal phone I’m gonna smash it Theresa Conde style.’ At 8:27 p.m., APD Officer Cox responded, ‘mines going on the nearest microwave.’ At 8:43 p.m., APD Sgt. Stenger responded, ‘And I never hooked my work phone to the icloud or an email.’”
An exchange racist texts on 03/25/2021, reads, ‘At 5:52 p.m., APD Rombough text, “Sooo many black people (sic).’ At 6:22 p.m., APD Officer Adams responds, ‘Bro. They all look the same.’ APD Officer Rombough laughs at the above comment and responds, ‘Tell me about it’ and ‘I feel like I’m at the zoo.’ At 6:39 p.m., APD Officer Rombough text, ‘I bet it’s chicken.’ APD Officer Adams responds, ‘Could be ribs.’ APD Officer Rombough continues, ‘For sure watermelon and kool aid.’ At 7:14 p.m., APD Officer Rombough to APD Officer Adams, ‘I hate these idiots.’”
DA’s Statement on the Release of Redacted Investigative Report
Thursday afternoon, DA’s Office PIO Ted Asregadoo issued the following statement about the release of the initial redacted report on the officers’ texts.
“The Contra Costa District Attorney’s Office is aware an investigative report detailing texts and images sent and received by certain members of the Antioch Police Department has been obtained and distributed beyond the parties of a criminal case.
The court ordered the release of the investigative report on April 7, 2023, to defense attorneys representing clients in a felony criminal case. The court also advised caution in the distribution of the contents of the report. The District Attorney’s Office agrees with the court advisory in the distribution and publication of this document as it contains explicit words and images that are hurtful, offensive, and inflammatory.
The DA’s Office has received multiple media requests for access to the 21-page investigative report concerning racial, homophobic, and derogatory text communications; a report that contained information that overlapped with a charged felony criminal case.
In light of those requests, and the recent distribution of the report, the District Attorney’s Office is releasing a redacted investigative report that balances public interest with the sensitive nature of what is contained in the report.
To view or download the redacted report, click here.”
