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.”
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.”
“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.
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
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.
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
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”
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 
