For possible “crimes of moral turpitude” following federal grand jury indictment; APOA, Mayor Thorpe issue statements, he calls it “a dark day in our city’s history”; task force set up in parking lot of John Muir Health Brentwood Outpatient Center

By Allen D. Payton

According to an exclusive report by the Mercury News, the Antioch and Pittsburg police officers were arrested by the FBI during raids, Thursday morning, August, 17, 2023. The officers have been under investigation by both the FBI and Contra Costa DA’s Office since early 2022. That followed an indictment issued by the Federal Grand Jury in San Francisco on Wednesday. The details of the indictment have yet to be revealed but are expected to during a press conference scheduled for 3:30 p.m. today.

Task Force Set Up at John Muir Health in Brentwood

According to a source who chose to remain anonymous, the FBI task force set up in the parking lot of John Muir Health’s Brentwood Outpatient Center on Balfour Road near Highway 4. There were about 20 cars carrying agents, two riot vehicles, and a Life Flight helicopter on stand-by.

As previously reported, the investigation was for alleged “crimes of moral turpitude” defined as “conduct that shocks the public conscience or, which does not fall within the moral standards held by the community.”

The names of the officers and details of their alleged crimes were inadvertently revealed in a report issued by the DA’s Office, earlier this year, that was not properly redacted.

The officers are being investigated “for violations of the following federal offenses; Title 21, United States Code, Sections 841(A), distribution, and possession with intent to distribute a controlled substance; Section 843(b) illegal use of the mail in furtherance of narcotic trafficking; Title 18, USC, 1503 Obstruction of Justice; Section 846, attempt and conspiracy to commit the foregoing offenses; Section 241, Conspiracy for two or more persons to agree to injure, threaten, or intimidate a person in the United States in the free exercise or enjoyment of any right or privilege; and Section 242, a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States. The CCCDAO is investigating these officers for assault under the color of authority, bribery, embezzlement, possession of controlled substances (steroids) for sale, knowing or offering any false or forged instruments, possession, and sales of assault weapons, and attempt and conspiracy to commit the foregoing offenses. The CCCDAO is also reviewing whether any of the above listed individuals have violated Penal Code (PC) section 745, the Racial Justice Act, which prohibits the use of race, ethnicity, or national origin by a law enforcement officer in pursuit of a conviction or sentence.”

The names of the officers under investigation by the FBI and DA revealed in the improperly redacted report were included in the following information:

“On 03/22/2022, the Honorable Presiding Judge Rebecca C. Hardie, Judge of the Superior Court of California, Contra Costa County, signed a search warrant under seal authored by CCCDAO Senior Inspector Larry J. Wallace for the seizure and search of the following cellular telephones: Pittsburg Police Officer Willie Glasper, (redacted phone number); Pittsburg Police Officer Brauli Rodriguez Jalapa, (redacted phone number); Pittsburg Police Officer Ernesto Juan Mejia-Orozco, (redacted phone number); Pittsburg Police Officer James Robert Anderson, (redacted phone number); Antioch Police Officer Ben C. Padilla, (redacted phone number); Antioch Police Officer Eric Rombough, (redacted phone number); Antioch Police Officer Devon Wenger, (redacted phone number); and Antioch Police Officer Andrea Rodriguez, (redacted phone number). The search warrants and affidavits were signed under seal and filed with the Martinez Superior Court.

On 03/22/22, the Honorable Laurel Beeler, United States Magistrate, Northern District of California, signed a federal search warrant under seal authored by FBI Special Agent (SA) Thuy Zoback for the seizure of the following cellular telephones: Pittsburg Police Officer Armando Montalvo; Pittsburg Police Officer Patrick Berhan; (now former) Antioch Police Officer Timothy Manly Williams; Antioch Police Officer Morteza Amiri, Antioch Police Officer Nicholas Shipilov; Antioch Police Officer Eric Rombough; Antioch Police Officer Daniel Harris; and Antioch Police Officer Calvin Prieto. The purpose of the search warrants were to seize electronic communications; such as, but not limited to the following: records and communications indicating the possession, use, purchase, sale, distribution, transfer, theft, and/or concealment of controlled substances, including books, receipts, notes, ledgers, pay and owe sheets, correspondence, records noting price, quantity, date and times when controlled substances were purchased, possessed, transferred, distributed, sold or concealed.

On 03/23/2022, sworn law enforcement members of the CCCDAO and the FBI retrieved the above listed cellular telephones from the above listed sworn law enforcement members of the Pittsburg and Antioch Police Departments. Law enforcement members from the CCCDAO and the FBI downloaded/extracted electronic cellular data communications from the above listed cellular telephones. A thorough review of the electronic cellular data communications took place for the past year.”

However, which officers were arrested Thursday morning has not yet been confirmed. The Antioch officers have been on paid administrative leave since the beginning of the investigation.

Antioch Police Officers Association Issues Statement

The Antioch Police Officers APOA issued a brief statement posted on their Facebook page Thursday morning. It reads, “The APOA has learned that several of our current and former members have been indicted by the FBI at the culmination of their investigation into members of the Antioch and Pittsburg Police Departments. We are saddened to learn of what has happened and look forward to the legal process playing itself out. We are committed to still providing quality service to the citizens of Antioch and also providing support for our members who are still working through this difficult time.

APOA Media Team”

Mayor Thorpe Says It’s “A Dark Day”

In a post on his campaign website, Antioch Mayor Lamar Thorpe issued the following statement about the matter:

“Today is a dark day in our city’s history, as people trusted to uphold the law, allegedly breached that trust and were arrested by the FBI.

As our city absorbs this tragic news, we must come together as one. Today’s actions are the beginning of the end of a long and arduous process.

To those that have accused me and others of being anti-police for seeking to reform the Antioch Police Department, today’s arrests are demonstrative of the issues that have plagued the Antioch Police Department for decades.

Seeking to reform the Antioch Police Department is not anti-police, it is pro our residents, and pro officers that have served and continue to serve with honor.’

-Office of the Mayor”

Efforts to reach APOA’s attorney, Mike Rains, for comment were unsuccessful prior to publication time. Please check back later for any updates to this report.

Following sideshow at marina, early Sunday morning crash injured two people, one woman critically

Held on $191,000 bail; four previous arrests, three by Antioch PD

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

A 21-year-old Antioch man has been charged with a four-count complaint for reckless driving and a hit and run that injured two in the early morning hours of August 6th following a sideshow in Antioch. (See related article)

Chase Allen Cancilla (born 4/17/02) faces two felony counts of reckless driving on a highway that caused injuries and enhancements of inflicting great bodily harm to others. Additionally, Cancilla faces a felony hit and run charge that resulted in the serious injury of another, and a misdemeanor for operating a vehicle without a valid driver’s license.

Antioch Police received reports of a sideshow taking place at the Marina Plaza around 2:50 am on August 6th. Authorities say a vehicle that Cancilla was driving left the Marina Plaza at a high rate of speed on L Street — and shortly thereafter crashed into another vehicle at West 9th and G Streets. The collision injured two people, one of whom was seriously injured. Cancilla fled on foot after the crash, but an officer was able to apprehend him. (See KTVU FOX2 news report)

He was arrested and booked into the West County Detention Facility and was arraigned today in court with a bail amount set at $191,000.

Contra Costa District Attorney Diana Becton said, “Sideshows present many risks to community safety, endangering those who are involved and the public at large. The District Attorney’s Office will continue to be vigilant in prosecuting offenses stemming from sideshows under California law.”

According to localcrimenews.com, the 6’2”, 250 lb. Cancilla has been arrested four times previously dating back to 2021, three times by Antioch PD, once by Alameda County Sheriff’s Office including for DUI, driving without a license and failure to appear. According to the Contra Costa County Sheriff’s Office as of Wednesday, August 9, he was still in custody.

Case No. 04-23-01348 | The People of the State of California v. Cancilla, Chase Allen

Allen D. Payton contributed to this report.

Multi-agency Operation Cross Country conducts three efforts, investigating four other cases

Under leadership of organization with office in Antioch

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

Law enforcement partners with the Contra Costa Human Trafficking Task Force arrested two suspected human traffickers and recovered one juvenile victim in a nationwide effort to apprehend human traffickers and provide services to victims.

As part of Operation Cross Country, task force partners and local FBI personnel jointly conducted three separate anti-human trafficking operations throughout Contra Costa County from July 19th through 30th, 2023. These joint efforts led to the arrest of a 33-year-old male resident of Sacramento and a 24-year-old male resident of Oakland, and the identification of nine survivors of human trafficking – including one juvenile. Additionally, the FBI and task force partners are still investigating four other cases in Contra Costa County. All victims identified through these operations met with specialized human trafficking victim advocates immediately upon contact and were offered a range of services and support.

“These outcomes demonstrate the positive results that can be achieved from collaboration between law enforcement and community partners to address the harm caused by human trafficking and deliver justice to victims,” noted District Attorney Diana Becton.

The suspects were arrested or cited on one or more of the following human trafficking or human trafficking-related offenses: sex trafficking of a minor, supervising, aiding, or recruiting a prostitute, and violating a protective order [PC236.1(c), PC653.23, and PC166(a4]. The ongoing investigations in these cases center on these charges as well as pimping, pandering, and adult trafficking [PC266h, PC266i, and PC236.1(b)].

Task Force Co-chair and Executive Director of Community Violence Solutions, Cynthia Peterson, highlighted that “the partnership among Contra Costa’s task force members in combatting human trafficking ensures a coordinated, trauma-informed response focused on our shared goals of empowering and providing comprehensive services and support to victims.”

Participating agencies included, in alphabetical order:

• Community Violence Solutions

• Concord Police Department

• Contra Costa County District Attorney’s Office (CCCDA)

• Contra Costa County Probation Department

• Contra Costa County Sheriff’s Department

• Federal Bureau of Investigations

• Hercules Police Department

• Homeland Security Investigations

• International Rescue Committee

• Northern California Regional Intelligence Center

• Pittsburg Police Department

• Pleasant Hill Police Department

• Richmond Police Department

The Contra Costa Human Trafficking Task Force is co-led by the Contra Costa County District Attorney’s Office and Community Violence Solutions, a community-based 24-hour service provider for survivors of sexual assault and human trafficking.

Founded in 2018, the Task Force envisions a community free of human trafficking where survivors thrive. It aims to achieve this by encouraging self-sufficiency and empowerment through the provision of survivor-centered, culturally responsive advocacy and services; striving for exploiter accountability through prosecution, education, civil remedies, and restorative practices; educating task force members and the community; and harnessing data to guide these efforts.

Anyone with information on suspected human trafficking (sex or labor) or related crimes is encouraged to make a report to your local law enforcement agency or the District Attorney’s Human Trafficking Tip Line (925) 957-8658.

More than 11 million arrest and conviction records automatically cleared including old arrests that never turned into charges and provides relief to people who completed all conditions of their sentence

Due to legislation pioneered by Los Angeles DA George Gascón

By Max Szabo, Prosecutors Alliance of California

SACRAMENTO–New data from the California Department of Justice (CAL DOJ) indicates that 11,164,458 records of arrest and conviction were automatically cleared between July 1, 2022 and December 31, 2022 pursuant to Assembly Bill 1076. The historic reform automated a process that individuals were already entitled to but had to seek out through an arduous process. AB 1076 requires CAL DOJ to automatically clear old arrests that never turned into charges and provides relief to people who completed all the conditions of their sentence, thereby expanding education, employment and housing opportunities for countless Californians.

“People who were arrested or convicted of low-level crimes and did what was asked of them are entitled to a second chance under the law, but bureaucratic barriers kept them in a paper prison,” said Cristine DeBerry, Founder and Executive Director of the Prosecutors Alliance of California.  “That wasn’t just unfair, it was unsafe, as a criminal record hangs over people, hampering their access to employment and housing opportunities, primary factors that drive recidivism. The system had taken away hope and opportunity, but commonsense and technology enabled one of the most important reforms in years.” 

The automated record clearance is due to a 2019 law, Assembly Bill 1076, which was authored by Phil Ting (D-San Francisco) and sponsored by then-San Francisco District Attorney George Gascón.  The legislation mandated that the state Department of Justice automatically clear records of arrests that did not result in a conviction after the statute of limitations had passed as well as convictions involving probation and jail once an offender’s sentence was completed. Individuals sentenced to prison and anyone who had to register as a sex offender or who violated their probation is not eligible.  The record clearance largely benefits individuals who had committed drugs or property crimes.

“It’s a vicious cycle, as communities of color are more likely to be arrested, they are therefore more likely to have a record that includes an arrest or conviction, and yet they were less likely to be aware that they were entitled to relief,” said LA County District Attorney George Gascón.  “These were unnecessary barriers that make it more difficult to successfully reenter and break the cycle by limiting access to jobs, education and housing.  Breaking down these barriers makes our system more just and our communities more safe.”

During the appropriations process that bill was limited to prospective arrests and convictions.  However, a subsequent effort in 2021, AB 1038, authored again by Assemblymember Ting, and sponsored by the Prosecutors Alliance of California, made the record clearance provided under AB 1076 retroactive.  That bill took effect July 1, 2023.  The newly released DOJ data indicates that the relief granted thus far was pursuant to AB 1076, the initial authorizing legislation only, suggesting that the expanded eligibility profile now in effect under AB 1038 will result in the clearance of millions of additional records.  

Prior to the automated record clearance, 8 million California residents had criminal convictions on their records that hampered their ability to find work and housing, secure public benefits, or even get admitted to college.  Studies indicate approximately two million of them were eligible for record clearance. Millions more have old arrests on their record that never resulted in a conviction but, remain as obstacles to employment.  

Under the law arrests that didn’t result in a conviction may be cleared. Convictions that carry probation or jail time are also eligible for record clearance after the individual completes all the terms and conditions of their sentence. Prior to AB 1076, however, this required individuals to be aware of their eligibility and to retain an attorney to proactively file the necessary petition.  As a result, millions of Californians have been entitled to relief for years that they never realized because they had to jump through hoops to get it. In fact, nationally, only 6.5% of eligible people have been estimated to obtain record clearance within five years of eligibility. With more affluent communities more able to afford a private attorney, this bureaucracy disproportionately impacted socioeconomically disadvantaged communities and communities of color in particular.

Nearly 90% of employers, 80% of landlords, and 60% of colleges screen applicants’ criminal records.  According to a 2012 study conducted by the Society for Human Resource Management, many prospective employees and housing applicants are rejected solely based on having an arrest record on file.  Studies also show people with unsealed arrest records have a substantially increased chance of living in poverty, earning lower wages, with fewer educational opportunities.

The concept for the legislation grew out of DA Gascón’s effort to clear old cannabis convictions that were eligible for clearance pursuant to Proposition 64.  That effort has now been adopted by prosecutors’ offices across the nation.  Notably, the algorithm that enabled automated record clearance pursuant to AB 1076–much like the cannabis clearance effort–would not be possible without the help and support of Code For America. Research by the California Policy Lab of the University of California provided supporting evidence regarding the feasibility of large-scale record clearance automation, as well as its enormous potential impact on the lives of Californians.  Assemblymember Phil Ting has the sincere gratitude of the Prosecutors Alliance for leading the historic initiative and seeing that all eligible and impacted Californians would obtain the relief to which they are entitled.  

The Prosecutors Alliance of California is fiscally sponsored by Tides Advocacy, a social welfare organization. Contra Costa District Attorney Diana Becton is a founding member. For more information about the Prosecutors Alliance go to www.ProsecutorsAlliance.org and keep up with our work on Twitter, Instagram and Facebook. 

Contra Costa part of multi-county lawsuit

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

The Contra Costa District Attorney’s Office announces that PetSmart LLC entered into a Stipulated Judgement on June 23rd and will pay $1.46 million for overcharging customers, false advertising, and unfair competition.

District Attorney Diana Becton said that “The law in California is clear: businesses must be accurate in charging for goods and services. For customers, it’s important to monitor items scanned at a register and scrutinize your receipts to make sure you are not being overcharged.”

The outcome of the multi-county lawsuit against PetSmart includes court orders that prohibit the company from engaging in false or misleading advertising and charging an amount greater than the lowest price posted for an item. Moreover, PetSmart must implement additional audit and price accuracy procedures in its California stores for a three-year period to ensure compliance with pricing accuracy requirements, including notifying customers of their right to be charged the lowest currently advertised price for any item offered for sale.

PetSmart will pay $1,250,000 in civil penalties, $100,000 in restitution to support consumer protection enforcement efforts, and $110,000 for investigative costs incurred by various counties. Because of this legal action, PetSmart has implemented new policies and procedures to improve pricing accuracy with routine audits, detailed record keeping, and in-store signage to notify customers about the lowest advertised price for items.

The lawsuit was filed in Santa Cruz County. In addition to Contra Costa County, Plaintiffs include Sonoma County, Alameda County, Marin County, San Diego County, Ventura County, and Los Angeles County. Deputy District Attorney Bryan Tierney prosecuted the case for the Contra Costa County District Attorney’s Office – with assistance by the Contra Costa Department of Agriculture/Weights & Measures.

If members of the public believe they have been overcharged by businesses, contact our office at: DA-ReportFraud@contracostada.org.

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.

By Allen D. Payton

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.