Archive for the ‘District Attorney’ Category

Contra Costa Public Defender calls on DA to pause all criminal filings, prosecutions over Antioch cops’ racist texts

Wednesday, April 12th, 2023

Report released to defense on attorneys on Monday, Mercury News obtained, reported on it; DA’s office redacting report before releasing to other media

By Allen D. Payton

Following the release to defense attorneys on Monday, April 10, 2023, of the 21-page report of racist and offensive texts by Antioch Police Officers, which was obtained and reported on by the Mercury News on Tuesday, Contra Costa Public Defender Ellen McDonnell issued a statement calling on D.A. Diana Becton to pause all criminal filings and current prosecutions involving the department.

“I have reviewed these text messages, they are abhorrent and reprehensible. They reveal an entrenched culture of hatred, racism, homophobia, misogyny, and violence throughout the Antioch Police Department,” McDonnell wrote, “The racist, homophobic, and violent behavior of these officers will impact thousands and thousands of criminal cases including pending cases and past convictions related to the Antioch Police Department.  I have reached out to District Attorney Becton and asked that she immediately pause all criminal filings and current prosecutions involving the Antioch Police Department.  I have also requested that her office evaluate pending Antioch cases for immediate dismissal, and that they begin a comprehensive review of the many thousands of Antioch Police Department related convictions to determine which cases should be dismissed.”

“These racist text messages and the continued disclosures regarding the Antioch Police Department expose a pervasive and troubling culture which should undermine any reliance on the credibility of officers from the force,” she continued. “These text messages clearly constitute textbook violations of the California Racial Justice Act. Our office will initiate a widespread review of all cases involving the Antioch Police Department and will immediately begin seeking justice for those targeted by these officers.”

The unredacted text messages were released to the Times by attorneys for the defendants in the murder case currently being adjudicated in Contra Costa Superior Court, but not to other media. According to Contra Costa DA’s Office PIO Ted Asregadoo they will be released to the media once they’ve been redacted.

“Per Judge Clare Maier’s order on Friday, we did disclose the investigative reports in the Pugh, Windom, et al case. These are unredacted reports and they were delivered on Monday,” he wrote. “Judge Maeir’s order also specified that redacted reports could be released. We are in the process of redacting the information in the reports ordered by the judge and will notify the press when those reports are available and how to obtain them.”

Judge rules Antioch Police officers’ racist texts will be disclosed to defense in felony court case

Friday, April 7th, 2023

“contain unambiguously and historically racist speech directed toward the suspects the officers were investigating.” – DA Diana Becton

By Allen D. Payton

Following a Friday, April 7th ruling by Contra Costa Superior Court Judge Clare M. Maier during a felony court case involving Antioch Police officers, racist texts exchanged by the officers and directed toward the suspects will be disclosed to the defense, District Attorney Diana Becton announced. Several Antioch officers are currently on paid leave and under investigation for alleged racist and other offensive texts, in addition to the remaining seven out of eight officers that have been on paid leave and under investigation by the FBI and DA’s Office since March 2022. One of the eight Antioch officers quit the force. (See related articles here and here)

Becton shared that the judge “urged caution in the distribution of the language and images contained in the texts as they can spark more hatred toward Blacks and Latinos.”

Statement by DA Diana Becton on Disclosure of Racist Texts in Felony Case

Today, Contra Costa Superior Court Judge Clare Maier ruled on the disclosure of information that centers on racist text messages exchanged by Antioch Police officers.

For over a year, the FBI and the Contra Costa District Attorney’s Office have engaged in a joint federal and state criminal investigation of sworn law enforcement officers from the Antioch Police Department and Pittsburg Police Department. The broad range of offenses under investigation involve crimes of moral turpitude.

Due to the sensitivity and scope of the investigation, a court procedure was established to balance the integrity of the criminal investigation with the disclosure of exculpatory information (i.e., evidence that is beneficial to a defendant).

In accordance with legal precedent, the Contra Costa District Attorney’s Office has been scrupulous in maintaining the balance as the court constructed.

Recently, additional information has come to light in which police misconduct directly overlaps and impacts a charged felony case.

The joint investigation with the FBI has revealed that Antioch Police officers exchanged text messages which contain unambiguously and historically racist speech directed toward the suspects the officers were investigating.

The racial animus expressed by officers in the recovered text messages trigger additional statutory concerns under the Racial Justice Act.

In seeking further direction from the court, the DA’s Office and the defense appeared in front of Judge Maier on April 4th to present information detailing the overlap of the officers’ misconduct and a charged felony case.

In her ruling today, Judge Maier said that the offensive texts in the two investigative reports shall be disclosed to the defense in the charged felony case. She added, the reports will be redacted to shield cell phone numbers and urged caution in the distribution of the language and images contained in the texts as they can spark more hatred toward Blacks and Latinos.

The integrity of the joint investigation and legal requirements for the disclosure of exculpatory evidence is of paramount importance to the District Attorney’s Office. Our office will continue to work tirelessly to ensure public trust and public safety for the residents of Contra Costa County.

Diana Becton

District Attorney, Contra Costa County

Public’s help needed in legal action against Christopher George Miller

Thursday, March 30th, 2023

Arrested for sex crimes against minors in Contra Costa, first at Deer valley High

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

As the seven-count felony case against Christopher George Miller continues in Superior Court in Martinez, the investigative team who arrested him in a sting operation for arranging to engage in sex acts with a minor are asking the public for help.

The investigation into Miller started in 2022 when he was employed at Deer Valley High School in Antioch as a campus supervisor. A parent of a student reported to school officials that Miller was sending inappropriate texts to the student regarding marijuana use at the school, as well as sexually suggestive messages. (See related article)

The Contra Costa County Internet Crimes Against Children Task Force (ICAC) adopted the case about three weeks ago to see if Miller (who was then a former employee at the high school) would sell marijuana and arrange to meet for sex. Posing as a 13-year-old girl on a chat app Miller used, a Detective with the Contra Costa County Sheriff’s Office started communicating with him. At one point while exchanging texts, Miller offered to sell the fictitious teen marijuana — and later the chats became more sexual in nature.

Miller arranged to meet the teen for sex at a park in Martinez on March 16th, 2023. Participating ICAC members from the Sheriff’s Office, Concord Police, Danville Police, Pittsburg Police, and the District Attorney’s Office met him at the park and arrested Miller on marijuana possession with the intent to sell to a minor and other charges related to contacting and arranging to engage in lewd and lascivious acts with a minor. He was booked into the Martinez Detention Facility and arraigned on a total of seven felony charges on March 21st. His preliminary hearing is set for April 3rd at 8:30 am in Department 25 in Martinez.

According to the charging document filed on March 20 by the CCDA’s Office, Miller was charged with seven felonies, including P0288.3(a), Contact with Minor for Sexual Offense on or about June 14, 2022; PC288.4(b), Meeting Minor for Lewd Purposes between March 10 and 16, 2023; PC288.3(a), Contact with Minor for Sexual Offense on or between March 10 and 16, 2023; PC288.2(a)(2), Distributing Or Showing Pornography To A Minor on or about March 14, 2023; PC288.2(a)(2), Distributing Or Showing Pornography To A Minor on or about March 15, 2023; PC 664/PC288(a), Attempted Lewd Act Upon A Child on or about March 16, 2023; PC 664/HS11360(a), Attempted Sale/Offer To Sell/Transportation Of Marijuana on or about March 16, 2023. 01-23-00820 – Charging Document Miller

ICAC Senior Inspector Darryl Holcombe notes that Miller may have been in contact with other victims. He’s asking the public to email him at the District Attorney’s Office if they have information related to Miller’s case. He can be reached at: DHolcombe@contracostada.org.

Case No. 01-23-00820 | The People of the State of California v. Miller, Christopher George

Allen D. Payton contributed to this report.

DA says 2021 use of force by Antioch Police Officers was lawful

Saturday, January 14th, 2023

Following investigation of in-custody death of Arturo Gomez Calel; while on meth attempted to break into occupied vehicles, struggled with and was tased by police

Mayor Thorpe used incident to push his police reforms at special Friday meeting later that week

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

Martinez, Calif. –  On Friday, Jan. 13, 2023, the Contra Costa District Attorney’s Office released a report on the 2021 in-custody death of 33-year-old Arturo Gomez Calel in Antioch clearing police of any wrongdoing. The DA determined as written below, “the use of force by Antioch Police Officers was lawful and permitted”. 

The incident occurred just after midnight on Wednesday, February 24, 2021 in which Gomez was on meth, attempting to break into occupied vehicles on a major city street, then struggled and was Tasered by police. Later that day, Mayor Lamar Thorpe held an emergency press conference with then-Police Chief Tammany Brooks and used the incident to push his police reforms at a special Friday meeting that week. (See related article)

The report is part of a Contra Costa County protocol to investigate incidents where police officers or civilians are shot or die during an encounter with law enforcement. The District Attorney’s Office conducts its own independent investigation into law enforcement fatal incidents (LEIFI) and details those findings — along with a legal analysis and a charging decision – in a report that’s released to the public. The release of the LEIFI report on Gomez is the final step in the investigation.

District Attorney Diana Becton notes, “My administration has been committed to public safety, transparency, and increased accountability since I was elected in 2018. The LEIFI investigations are an example of that commitment to be transparent with the public about in-custody deaths like that of Mr. Gomez.” 

The February 24th, 2021, incident involving Arturo Gomez began after midnight when Gomez placed a 911 call to authorities claiming his phone had been hacked. A dispatcher noted that Gomez sounded paranoid and appeared to be in an argument with another person – whom authorities later learned was a Lyft driver. While Gomez was traveling in the Lyft vehicle, he came into possession of the driver’s phone after Gomez asked to see the address he was going to. At one point, the Lyft driver said he became fearful Gomez was going to physically harm him and exited the vehicle. Gomez proceeded to climb into the driver’s seat and attempted to drive off. However, his efforts were thwarted by the Lyft driver — who retrieved the ignition key before Gomez could drive away. Gomez then exited the vehicle and fled on foot. 

When officers from Antioch Police arrived on the scene at Lone Tree Way at Ridgerock Drive, Gomez was on a cell phone. As an officer approached him, Gomez backed away saying “You’re a fake cop.” Gomez then led the officers on a foot chase where he eventually ran into traffic on Lone Tree Way. To mitigate the safety hazard Gomez was creating, police set up a traffic break to prevent vehicles from traveling through the incident area.

While trying to evade police, Gomez tripped and fell to the ground on James Donlon Boulevard. One officer ordered him to stay on the ground, but Gomez ignored the command. Officers then tried to physically subdue him, but Gomez continued to struggle, and a physical altercation ensued. After multiple Taser deployments on Gomez, the officers were eventually able to handcuff him. At no point did any of the officers involved use the weight of their body on Gomez’s back or neck, nor did they use a carotid restraint on him.

However, shortly after Gomez was detained, he became unresponsive and stopped moving altogether. Officers rolled him onto his left side, noticed his breathing had become labored and then began administering life-saving measures while emergency medical personnel were enroute. Gomez died later at a local hospital.

An autopsy to determine the cause of Gomez’s death was performed by Dr. Arnold Josselson on February 25th. Dr. Josselson found Gomez had 910 nanograms of methamphetamine and 54 nanograms of amphetamine in his blood — substances which, when taken in large doses, can lead to convulsions, circulatory collapse, hallucinations, and cardiac arrest. Dr. Josselson concluded that Gomez died from “asphyxia and cardiac arrest while in a prone position during a struggle with police after being tased while under the influence of methamphetamine.” 

During his testimony at the Coroner’s Inquest on April 29, 2022, Dr. Josselson explained to the jurors the three-step process that led to Gomez’s death. The first stage was brought on by the amount of methamphetamine in his system; an amount that gave rise to his aggressive and physically active behavior when resisting police arrest. In the second stage, Gomez’s muscles were completely exhausted and lacked the ability to expand his rib cage allowing him to breathe. The third stage was brought about by low oxygen levels that led to his heart stopping. Following the testimony of Dr. Josselson and other witnesses, the jury reached a unanimous verdict that Arturo Gomez’s death was an accident (i.e., an unforeseen event, misfortune, act, or omission with no evidence of an intent to harm or cause death). 

In its legal analysis, the District Attorney’s Office concluded that, given the totality of facts in this incident, the use of force by Antioch Police Officers was lawful and permitted pursuant to California Penal Code sections 835, 835a, 835a(a)(4), and 835a(b). Consequently, the Contra Costa District Attorney’s Office will take no further action regarding the in-custody death of Arturo Gomez. 

The District Attorney’s Office is in the process of notifying the Gomez family about the publication of this report. A copy of the report has also been sent to state Attorney General Rob Bonta’s office and is available on the District Attorney’s website.

Allen D. Payton contributed to this report.

Antioch woman faces murder charge in shooting death

Thursday, January 5th, 2023

Bail set at $2 million

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

Booking photo of suspect Serico Justice. Source: APD

An Antioch woman faces a felony murder charge with an enhancement for the shooting death of a neighbor. (See related article)

37-year-old Serico Justice is currently in the Martinez Detention Facility awaiting arraignment for a felony murder charge [PC187(a)] with an enhancement of personally and intentionally discharging a firearm [PC12022.53(d)]. Justice’s use of a handgun caused the injury and death of 31-year-old Hannisha Jamilah Willis on December 27, 2022. The incident occurred on the 2300 block of Mandarin Way in Antioch, where the women lived next door to each other.

Antioch Police Department investigated the incident and reported that the shooting happened during a verbal and physical fight between the women around 2:15 pm. Justice was in possession of a handgun at the time of the altercation – a gun she armed herself with prior to the confrontation. Willis suffered a single shot to her head after Justice fired her weapon. She died later from her injuries at a local hospital.

The case was referred to the Contra Costa District Attorney’s Office by Antioch Police on December 28th. Charges were filed against Justice on December 29th. She’s scheduled to be arraigned on January 13, 2023, at 1:30 pm in Martinez. Her bail has been set at $2,000,000.00.

However, her arraignment was “put over” to a later date after her attorney filed a 977 Form which waived her right to a speedy trial.

04-22-01440 | The People of the State of California vs. Serico Justice

 

D.A. Becton explains charging decision of suspect in Antioch robbery homicide of store clerk

Friday, December 2nd, 2022

Based “on a legal and factual determination — and not an elective, optional, or discretionary one.”

Contra Costa County District Attorney Diana Becton issued the following statement on the charging decision of Ronald Benjamin Jackson, III who was arrested for robbing an Antioch gas station convenience store and killing the clerk, James Williams while exchanging gunfire on Sunday morning, Nov. 26. (See related articles here and here)

“The family, friends, and loved ones of James Williams are understandably devastated by the shocking news of his death in a gun battle at the Chevron station in Antioch on November 26th — where he worked as a store clerk. Our sympathies and condolences go out to those closest to him.

The Contra Costa County District Attorney’s Office declined to file murder charges in this case solely on a legal and factual determination — and not an elective, optional, or discretionary one. It was based upon an established law that clearly states a person cannot pursue another to retrieve stolen property once the threat of bodily injury or harm to the victim has subsided.

The video evidence of the incident clearly shows Ronald Benjamin Jackson, III, and another suspect exiting the Chevron station convenience store after the robbery and running from the scene. Mr. Williams is also seen in the video footage leaving the Chevron station store with a firearm while running after the robbers. Mr. Williams then fired upon Mr. Jackson, hitting him in the leg while he was fleeing and causing him to fall to the ground. Mr. Williams continued to approach Mr. Jackson with his firearm pointing at him when Mr. Jackson fired shots at Williams hitting him twice. Once in the chest and in the leg.

In the eyes of the law, Mr. Williams’ actions ceased to be self-defense when Mr. Williams pursued Mr. Jackson and the other suspect with a firearm — and continued to pursue Mr. Jackson after he shot him.

The legal distinction is clear: when your property and life are being threatened, an individual is legally justified in using deadly force in self-defense. However, once the threat of harm has dissipated, the victim of a property crime cannot then use deadly force to reclaim stolen property.

However, the reality of Mr. Williams’ tragic death will be a substantial factor in the DA’s position in asking for greater penalties in the sentencing of the defendants.

Diana Becton, District Attorney of Contra Costa County”

Allen D. Payton contributed to this report.

Antioch Mayor Thorpe no show for DUI trial, attorney says he wants to change plea

Wednesday, October 12th, 2022

New hearing set for Dec. 13

By Allen D. Payton

According to an Antioch resident who was at the courthouse in Martinez, Wednesday, Oct. 12, 2022, Mayor Lamar Thorpe did not show up for his DUI trial before Judge Joni T. Hiramoto, and that his lawyer stated Thorpe wants to change his plea from not guilty. The resident also shared that a new hearing for Thorpe is set for Dec. 13, 2022, in Dept 20. at 8:30 am. The information was later confirmed by Contra Costa District Attorney’s Office Public Information Officer, Ted Asregadoo.

Thorpe was arrested in March for DUI at 1:15 a.m. in Concord. In a Facebook video later that morning he apologized for having “the drink with dinner”. He wouldn’t say with whom or where he had dinner nor what alcohol he had consumed that night. Thorpe was charged by the DA and later pled not guilty. (See related articles here, here, here and here)

However, reports from the staff of an Antioch restaurant are that Thorpe had consumed three shots of alcohol earlier that evening before heading out of town.

An email was sent to Asregadoo Wednesday morning asking, if he could confirm the information provided by the resident was true and if not, to please provide the correct information. In addition, he was asked who from the DA’s office is prosecuting the case.

“You are correct,” he replied. “The next court date is on 12/13/22 at 8:30 am in Department 20.  They set the date today for a change of plea. I don’t know which DDA has been assigned to this case, but the supervisor of the misdemeanor trail team is Jay Melaas.”

Attempts to reach Thorpe were unsuccessful asking if what the resident shared is true and if not to please provide the correct information. He was also asked, “Why weren’t you there? Were you still in Seattle for the APTA conference or traveling home at the time? What will you be changing your plea to? No contest or guilty? Will you attend the new hearing on Dec. 13?”

Thorpe might have been traveling home from the conference, today and unable to respond to questions. An effort to reach staff of Tri Delta Transit asking who from the agency attended the conference and if Thorpe, who is the agency’s board vice chair, was among them were unsuccessful prior to publication time. District 4 Councilwoman Monica Wilson who is also a board member for the agency representing Antioch did not attend the conference, as was previously expected.

Please check back later for any updates to this report.

 

In post of self-promoting comments Thorpe repeats Quinto family’s debunked false claims about Antioch Police officers, in custody death

Saturday, October 8th, 2022

Screenshot of Thorpe’s Oct. 6, 2022, Facebook post of Quinto family comments.

Quinto was not in police custody when he died in the hospital three days later from “excited delirium and prescription drugs”

Antioch Police Officers Association, Mayor Pro Tem Barbanica respond; Thorpe does not

By Allen D. Payton

In a post on his official Facebook page on Thursday, Oct. 6, Antioch Mayor Lamar Thorpe repeated the false claims by the family of Angelo Quinto that he “was killed by Antioch Police” and that his was an “in custody death”. Both claims have been debunked by both the Contra Costa County Coroner and Contra Costa District Attorney’s Office, as well as former Antioch Police Chief Tammany Brooks.

Thorpe posted the glowing comments about himself by Quinto’s mother and stepfather, that include the false claims which read, “‘Mayor Lamar Thorpe has been a courageous leader, helping the city of Antioch overcome a history that has often failed many members of its highly diverse community.

Our son, Angelo Quinto, was killed by Antioch Police in December 2020, soon after Mayor Thorpe was elected. A second in custody death followed closely thereafter. Mayor Thorpe was instrumental in seeking and achieving meaningful reforms, including body cams and non-police mental health response teams, that led to better policing for the Antioch community in an expeditious manner.

As a result of Mayor Thorpe’s fearless leadership, the city of Antioch has reformed or is in the midst of reforming many critical areas. His fearlessness has often made him the target of attacks by members of the community who don’t understand the need or are afraid of the reforms that have been undertaken. He is a forward looking leader who will not be silenced, and is helping Antioch overcome a legacy of exclusion and division, and transform it into a city that lives by its motto, opportunity lives here.’

Cassandra Quinto-Collins and Robert Collins”

The other death they referred to, was of a man that occurred in February 2021 while he was in custody at a local hospital. He was under the influence of drugs, running into traffic on major city streets and attempted to break into a car with the driver inside and had to be tazed by police to subdue him. He was administered NARCAN and later died while still in-custody at a local hospital. (See related article)

March 2021 – Antioch Police Chief: No Knee to Neck, Quinto Died While Not in Police Custody

Yet, during the press conference held about the case, in March 2021, then-Antioch Police Chief Tammany Brooks said Quinto died in the hospital three days after the incident while not in police custody. (See related article)

At that press conference which Thorpe both attended and spoke during, Brooks said there was no knee on Quinto’s neck by officers and he was not in custody at time of his Dec. 26 death. In addition, Brooks released the 9-11 calls from Quinto’s family to Antioch Police demonstrating the need for the officers’ response to protect the family from Quinto who was harming them. Officers arrived on the scene to find Quinto being actively restrained by his mother on a bedroom floor of the home, Brooks further shared.

In addition, he shared he had “been in contact with the Coroner’s Office and the following four points have been jointly approved by multiple pathologists related to their findings thus far:

  1. Although the decedent had injuries consistent with a struggle with his family and law enforcement, none of the injuries appeared to be fatal.
  2. There were no fractures of the skull, torso, or extremities.
  3. A full examination of the neck revealed there was no evidence of strangulation or crushed airway.
  4. They are currently expanding toxicology testing because they were aware of reported past drug use.”

August 2021 – County Coroner’s Inquest Jury: Quinto’s Death Was Accident Caused by “Excited Delirium and Prescription Drugs”

Then in August 2021, a Contra Costa County Sheriff-Coroner’s Inquest Jury, after hearing the testimony of witnesses, found that Quinto’s death was an accident. He “succumbed to excited delirium and prescription drugs during the physical altercation with officers, the Contra Costa County Coroner’s Office ruled”.  (See related article)

September 2022 – Contra Costa DA Report: Officers Acted In Lawful, Objectively Reasonable Manner

Finally, early last month, the Contra Costa District Attorney’s Office issued a 39-page, “Report of the Law Enforcement Involved Fatal Incident In-Custody Death of Angelo Voithugo Quinto on December 24, 2020” in which they wrote, “…Antioch Police officers engaged with Quinto in a manner that was lawful and objectively reasonable under the circumstances…an internal examination showed no bone fractures or damage to Quinto’s larynx and trachea…” The report concluded that, “In applying the applicable law and the California District Attorney’s Uniform Crime Charging Standards to the present case, there is no evidence of a criminal offense committed by Officer Becerra, Officer Perkinson, Officer Hopwood, or Officer Shipilov. As such, no further action will be taken in this case.” (See related article)

Thorpe Refuses to Answer Questions, Now Limiting Comments on Official Facebook Page

Questions were sent to Thorpe Saturday morning, Oct. 8 asking, “do you not believe the findings from the office of your political ally, D.A. Diana Becton? Do you not recognize the negative impacts of what you’ve shared on the morale of Antioch Police Department personnel?

Are you not aware that officers who are leaving the department are claiming in their exit interviews that it’s partially and directly related to your attitude and that of your two council colleagues, Monica Wilson and Tamisha Torres-Walker, against them, other APD officers and the department as a whole?”

In addition, posts on his Facebook page show Thorpe only allows select individuals to post comments. Below each post the following sentence can be read: “Mayor Lamar A. Thorpe limited who can comment on this post.”

He was then asked, “Why have you limited comments on this and other posts on your official Facebook page? Are you afraid of reading comments by ang engaging with your constituents who you were elected to represent and serve? Do you not want to know what your constituents are thinking? Isn’t that being cowardly? Who are you allowing and not allowing to comment on the posts on that page? What is the criteria you are using for your selectivity?”

Screenshot of Sept. 2, 2022, Facebook post of APOA statement regarding the CCDA’s Quinto case report.

Antioch Police Officers Association Responds

Asked if he had a response to Thorpe’s post Sergeant Rick Hoffman, president of the Antioch Police Officers Association provided the statement they issued to the Associated Press in September and posted on their Facebook page on Sept. 2nd:

“The death of Angelo Quinto was an unfortunate circumstance and the men and women of the Antioch Police Department continue to pray for the Quinto family. The Contra Costa County District Attorney’s office has cleared the Antioch Police Officers involved in this incident of any wrongdoing and we believe this is the correct decision.”

Mayor Pro Tem Barbanica Also Responds

Mayor Pro Tem Mike Barbanica also responded to Thorpe’s posting of the Quinto family’s comments, sharing the Sept. 2nd post on his own official Facebook page following the announcement by the DA’s office. He wrote, “I want to be very clear that the loss of any human life is tragic. This is not in any way meant to minimize that. This article speaks for itself and I believe that we should wait for investigations to be completed before making assumptions.

Screenshot of Mayor Pro Tem Mike Barbanica’s Sept. 2, 2022, Facebook post regarding the CCDA’s Quinto case report

During this time, so many statements were made by members of the public and elected officials which led many people to believe there was wrongdoing before any formal investigation was complete. I want to point out, that I always understand the emotion and the sense of loss from family members, so this is in no way referring to their response or minimizing their grief. This is about people within our community and elected officials that should know better, that we should wait to find out the facts before jumping to conclusions.

Last year there were even statements published after being made by Assemblyman Gipson of So. CA. that there was an officer that did kneel on Mr. Quinto’s neck for five minutes, giving the appearance that this contributed to this death. This statement was made before any findings were made public.

On 9/3/21, I personally called and spoke with the Assemblyman about this, telling him that I disagreed with his public statement, especially before any findings had been published and that there was no evidence of this. I also brought to his attention at that time, the recent Coroner’s Inquest findings. During that conversation, he told me that he was going to personally call Chief Brooks and apologize for the premature statement and apologize to the APD. With Chief Brooks permission, I supplied the Assemblyman with the chief’s personal cell phone number.

On 9/13/21 I again reached out to him as that call had not yet happened, but he told me that he would be making the call. To my knowledge, that has yet to happen.”

Please check back later for any updates to this report.