“conduct that shocks the public conscience, or which does not fall within the moral standards held by the community” – LegalDictionary.com

Will evaluate whether cases involving officers are now compromised

UPDATE: Pittsburg PD issues statement, 3 officers placed on paid leave

By Allen D. Payton

Late Friday afternoon, the Contra Costa County District Attorney’s Office announced that on Wednesday, March 23, 2022, the FBI and the DA’s Office conducted court-authorized law enforcement activity at multiple locations. The criminal investigation pertains to 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. A review of both active and closed cases involving these officers will be necessary to evaluate whether those cases are now compromised. Due to the ongoing nature of the investigation, no additional details will be released at this time.

The involved police departments and cities have cooperated with the investigation to ensure minimal disruption to their respective communities. The District Attorney’s Office will continue to work in conjunction with federal authorities along with the cities of Antioch and Pittsburg to ensure public trust and public safety.

According to LegalDictionary.com moral turpitude means, “Conduct that is believed to be contrary to community standards of honesty, good morals, or justice.” In addition, that website reads, “Moral turpitude is a legal concept that refers to any conduct that is believed to be contrary to the community standards of honesty, justice, or good moral values. While there is no one exact definition of acts that are considered under moral turpitude, they are typically described as any acts of vileness or depravity, or of sexual immorality, whether in a private or social context.  The word turpitude is defined as a shameful, vile, or corrupt character or acts. Moral turpitude refers to conduct that shocks the public conscience, or which does not fall within the moral standards held by the community. The law concerning moral turpitude is constantly changing and evolving, as the moral standards of society in general change.”

UPDATE: Pittsburg PD Places 3 Officers on Paid Leave

The Pittsburg PD issued the following statement on their social media accounts early Friday evening:

“The Pittsburg Police Department is aware of a joint criminal investigation being conducted by the Contra Costa County District Attorney’s Office along with the FBI. The investigation involves several local police officers, including three current Pittsburg Police Officers. Anytime there is any allegation of criminal misconduct, that is something our organization takes extremely seriously.

In September of 2021, the department received information that a Pittsburg Officer was involved in illegal activity. The tip also indicated that other law enforcement officers were involved, but did not go into further details. When we learned of the allegations, we immediately contacted the District Attorney’s Office and asked them to conduct an independent criminal investigation.

This past Wednesday, the FBI and the District Attorney’s Office met with three current Pittsburg Police Officers as part of this investigation. After the meetings, all three Pittsburg Police Officers were placed on paid administrative leave. This is still an active criminal investigation being conducted by two outside law enforcement agencies, so we do not have further details into the alleged misconduct. The Pittsburg Police Department will continue to cooperate with the DA’s Office and the FBI. We will also be conducting our own internal investigation that will be completed by an independent, outside investigator.

Please know that the women and men at our Department remain committed to serving our community. Any officer who has violated their oath of office by engaging in illegal or unethical conduct will be held accountable.”

No Response from City of Antioch, Yet

A copy of the DA’s release was sent, Friday at 4:36 p.m., to Interim Antioch Police Chief Tony Morefield, copying Captain Trevor Schnitzius asking if they can provide any information about the investigation. Morefield said any inquiries about the matter must be made to the City of Antioch public information officer (PIO).

An email was then sent to Antioch’s PIO Rolando Bonilla after business hours on Friday asking for the response from the city.

A question was also sent to Assistant DA Simon O’Connell after hours Friday asking for his office’s legal definition of “crimes of moral turpitude”.

Please check back later for any updates to this report.

Send letter to County Supervisors claiming, “Sheriff’s unwavering support for deputy who killed two people raises serious questions about his commitment to safety and accountability”

Instead of six years in prison for Andrew Hall “official Probation Department report recommended probation.”

“Contra Costa is not San Francisco or Los Angeles” – Sheriff Livingston

By Allen D. Payton

During campaign season, as both are facing re-election, an email was sent by Contra Costa County Sheriff David Livingston to his department staff on Friday, March 4, 2022, criticizing District Attorney Diana Becton and the judge for sentencing of former Deputy Andrew Hall to six years in prison for the shooting death of Laudemer Arboleda in 2018. (See related article)

In response, Becton and three other DA’s in the state who formed the Prosecutors Alliance of California are asking the County Supervisors “to increase external oversight of departmental misconduct” and for an audit of the sheriff’s department’s disciplinary practices. Formed in 2020, the Alliance is made up of four members, including the DA’s of San Francisco and L.A. Counties who are both currently facing possible recalls, and funded by Tides Advocacy, a social justice and welfare organization.

Sheriff Livingston’s email:

“Today is a sad day for the Sheriff’s Office, the community we serve, and law enforcement in general.  This morning superior court judge Terri Mockler sentenced Andrew Hall to six years in state prison. This is an unusually long sentence by any measure especially since the official Probation Department report recommended probation.  Since this is a felony conviction, California law requires that he no longer serve as a peace officer.  We are compelled to give him a reluctant farewell.

During his years of service, he served with honor and distinction.  He handled thousands of calls for service, as many of you have, and was well received by the citizens of our county.   After an extensive internal investigation, he was found to be within departmental policy when he was forced to use deadly force to protect himself and others on that fateful day.  I was proud to support him publicly and privately after the events of November 3, 2018, and I support him today.

For our district attorney to charge a deputy sheriff, or any peace officer, for a crime based on a split-second tactical decision is abhorrent.  It is even more abhorrent for that same district attorney to later repost photos on her reelection campaign social media that show her smiling and proclaiming that she “charged the officer.”

Despite these odd times, please remember I appreciate the work all of you do; I respect your sacrifice and commitment to the community we serve, and most importantly, I have your back.  I may not be able to impact the decisions of other elected officials, or the courts, but I definitely can impact what happens in our organization.  Do your job with honor, follow department policies, and obey the law.  If you do that, I will proudly stand with you – regardless of your job assignment, your rank, or your duties.  Never forget that and never doubt that.

I’m proud to be your Sheriff, and I thank you all.

David Livingston

Sheriff-Coroner”

Prosecutors Alliance Chides Livingston, Asks Supervisors for Oversight, Audit

On Monday, March 14, in a letter to the Contra Costa County Board of Supervisors, the Prosecutors Alliance of California asked for an audit of the disciplinary practices in Sheriff Livingston’s department and to increase external oversight of departmental misconduct. Recent remarks made by Sheriff David Livingston suggest he believes his deputies are above the law, raising serious concerns over the legitimacy of an Internal Affairs investigation into former Deputy Andrew Hall and how the Sheriff is disciplining officers who abuse their authority.

“Sheriff Livingston’s comments are abhorrent and indicate his belief that deputies who kill are above the law,” said Cristine Soto DeBerry, Founder and Executive Director of the Prosecutors Alliance of California. “Police have wide latitude to use force, but when they unnecessarily kill they must be held accountable just like anyone else in our community.  When we do not hold police accountable, people do not trust the legal system to protect them. That makes the job of policing more difficult and dangerous, and it makes it far less likely that crimes will be reported. That, in turn, poses a threat to everyone’s safety.

“District Attorney Diana Becton’s willingness to hold law enforcement accountable is the only check on an agency whose leader would otherwise grant his deputies unbridled power to kill with impunity. Sheriff Livingston took an oath to seek equal justice under the law and his remarks are an affront to that sworn commitment. These are not the words of a law enforcement leader, they’re the words of a man that believes accountability does not extend to police.”

Last week, a judge sentenced Deputy Andrew Hall to state prison after a jury convicted him for the 2018 shooting and killing of Laudemer Arboleda, an unarmed man having a mental health episode. This was not Hall’s only killing – he shot and killed Tyrell Wilson in 2021. Contra Costa County has paid $9.4 million to settle claims regarding former Sheriff’s deputy Andrew Hall. The County agreed to a $4.9 million settlement with Arboleda’s family last October in addition to a $4.5 million settlement with Tryell Wilson’s family.

In response to the verdict, Sheriff Livinston sent a department wide letter saying former Sheriff’s Deputy Andrew Hall served with “honor and distinction,” that Hall “was forced to use deadly force to protect himself that day,” and noted that an internal affairs investigation had cleared Hall. Livingston called DA Becton’s decision to charge former Deputy Hall “abhorrent,” and told his deputies, “I have your back.”

In an email to the Board of Supervisors today, Cristine DeBerry sounded the alarm, noting that, “the fact that [Internal Affairs] cleared former Deputy Hall is concerning.  If Department policy allows Sheriff’s Deputies to use force in contravention of the law, that would set up a situation wherein Deputies are being trained to use force in a manner that conflicts with criminal law. That presents serious issues for law enforcement officers, public safety, and county liability.  Alternatively, if the Sheriff is clearing deputies in cases where their use of force was criminal, that too raises serious questions about the Sheriff’s commitment to public safety and accountability.”

The Board of Supervisors can help restore trust by increasing oversight over the Sheriff’s Department, and by auditing the department’s disciplinary policies. These are critical steps to help the public understand the scope of law enforcement misconduct and to develop policies to increase accountability.

“DA Becton courageously charged Officer Hall with the death of Mr. Arboleda, a jury convicted him, and a judge sentenced him to prison,” said Cristine DeBerry. “Sheriff Livingston should accept the jury’s verdict and look at ways to reduce the use of unnecessary force by his deputies rather than question the prosecutor’s decision to bring charges and defiantly proclaim to ‘have the back’ of officers where a jury has determined the force to be criminal.”

A question was sent Thursday evening to the Alliance’s media contact asking if they had received any response, yet from the Board of Supervisors.

Livingston Responds to Alliance Letter

“The so-called ‘Prosecutors Alliance’ committee is made up of only four of the 58 DAs in the state,” Livingston responded. “Contra Costa is not San Francisco or Los Angeles where two of their far-leftwing founding members serve. Instead of playing politics here, they should do their job and prosecute offenders and start caring about crime victims for once.”

Both Livingston is facing one opponent in the June Primary Election, while Becton is facing two. If no candidate receives a majority of the vote, then the top two candidates will face off in the November General Election.

Please check back for any updates to this report.

By Bobbi Mauler, Executive Assistant to the District Attorney, Contra Costa County

Contra Costa County District Attorney Diana Becton announced Monday, Feb. 28 that the Contra Costa DA’s Office, together with 16 other California District Attorneys and City Attorneys, have reached a settlement with Copart for injunctive relief, civil penalties, and enforcement costs totaling $800,000.  According to their website Copart, founded in Vallejo in 1982 and now headquartered in Dallas, “is a global leader in 100% online car auctions featuring used, wholesale and repairable vehicles.”

After an investigation into the waste management practices of Copart, the Contra Costa County District Attorney’s Office, along with 16 other California district attorney and city attorney offices filed a civil complaint alleging Copart disposed of hazardous waste items into the trash. The items disposed of consisted of used office supplies, and items removed from vehicles being prepared for sale such as personal items, small electronics, personal care, automotive, and other consumer products.  These practices ultimately lead to hazardous waste being improperly transported to and disposed of in municipal landfills instead of authorized hazardous waste disposal facilities.

“Corporations must be held accountable for conduct that poses a harm to the environment,” said DA Becton. “Copart was cooperative with the investigation and enhanced their existing training programs designed to properly manage and dispose of all items that are regulated as hazardous waste.”

The judgment agreed to by the parties provides for $650,000 in civil penalties, $150,000 in costs of enforcement and a permanent injunction prohibiting Copart from violating hazardous waste laws and requiring Copart to implement compliance assurance measures. 

 

Will have to defend controversial policies as one of nation’s Soros-backed district attorneys; faces two challengers, including career prosecutor

By Allen D. Payton

In a press release issued Monday, Feb. 14 and received by the Herald on Tuesday, Contra Costa County District Attorney Diana Becton announced her campaign for re-election in the June 7th Primary Election.

According to the announcement, on February 12, 2022, at the U.A. 342 Union Hall in Concord, state and county elected and labor leaders joined more than 150 community members as Becton kicked off her campaign.

“Four years ago, Contra Costa voters elected me as your district attorney with overwhelming, majority support,” said DA Becton. “In these challenging times, feeling safe in our homes and our communities is what we all deserve. I am proud to say I have worked hard to deliver safety, justice and progress for the people of Contra Costa County. I am running for re-election to continue the important work of making our communities safer and our system more fair for everyone, and I thank the people of Contra Costa County for their support.”

The press release claims, since taking office, DA Becton has kept her promise to make real and lasting change, transforming the District Attorney’s Office into one that works for everyone in Contra Costa County and delivering justice for victims. She has worked to support victims, focus resources on violent crime and reduce mass incarceration. Under her leadership, the District Attorney’s Office also has developed and enhanced diversion programs and encouraged treatment for those who suffer from mental illness and drug addiction. She is also advancing youth justice by establishing a juvenile diversion pre-filing program and creating the Reimagine Youth Justice Task Force to recommend alternatives to prison for young people.

During her tenure 51 veteran deputy DA’s have left the department for one reason or another, and 40 rookie deputies were hired following their graduation from law school. No lateral hires of veteran prosecutors from other agencies to fill the vacancies have occurred.

“My priority has always been serving the people of Contra Costa and making our voices heard on issues that matter most,” said Congressman Mark DeSaulnier (CA-11). “When it comes to the safety of our families and our communities, there is no one who will work harder than District Attorney Diana Becton. Her proven leadership has led to tremendous progress to help keep our communities safe and our system more fair and equitable. I’m proud to support her campaign.”

Among her other accomplishments, District Attorney Becton:

• Co-leads the FBI Safe Streets Task Force that coordinates the resources of federal, state and local law enforcement on violent crime.
• Continues to file felony charges in organized retail theft incidents in Walnut Creek, coordinating with law enforcement partners throughout the Bay Area.
• Eliminated backlog of untested sexual assault kits and established the county’s first Human Trafficking Unit.
• Established Cold Case Homicide Unit to pursue justice for the victims and families of unsolved murders.
• Joined Code for America initiative to dismiss thousands of old marijuana convictions, which disproportionately affect people of color in the community.
• Piloted the California County Resentencing Program to address excessive sentencing.
• Partnered with The Vera Institute of Justice (VERA) on data analysis to uncover and address bias in the disposition of criminal cases. (See related article)
• Strengthened the internal investigative procedures associated with the investigation of officer-involved shootings and banned use of carotid hold by DA office investigators. (See related article)
• Successfully held a local steel company accountable for dumping toxic waste in the community. The local steel company was forced to pay a $4 million fine. (See related article)

“District Attorney Diana Becton has made lasting changes in her efforts to transform and reimagine the DA’s office into one that works for everyone,” said BART Board Director Lateefah Simon, who represents District 7 which includes portions of West County. “We need a leader who is prioritizing safety for our communities while staying resolute in working to reduce mass incarceration’s harm on Black communities and communities of color. I thank her for her courage and historic leadership.”

As part of that transformation and efforts to “reimagine the DA’s office”, Becton has taken controversial positions on various issues during her term in office, including supporting banning campaign contributions for DA candidates from police officer unions. (See related articles here and here)

She has also issued controversial policies for her department. In 2020 Becton issued a policy requiring prosecutors consider the reason for looting during a state of emergency before charging suspects with a crime. (See related article)

Then in late 2020, she announced a policy that prevents her department from prosecuting certain first-time criminals including drug offenders arrested with small amounts or for other crimes such as shoplifting, petty theft, disorderly conduct. (See related article)

In addition, in an effort to fulfill a campaign promise from 2018, in December, Becton announced a new Neighborhood Restorative Partnership program, a voluntary, neighborhood-focused, adult diversion, restorative justice initiative addressing root causes of criminal behavior, reducing recidivism, enhancing community relationships, and promoting public safety and quality of life. She put her office’s Assistant Investigator/Facility K9 Handler in charge of the program, who said in December, the procedures, guidelines, and logistics are still under development. As of Wednesday, Feb. 16, a group of volunteers was interviewed and selected to participate, but the program has not yet launched.  (See related article)

Appointed by the Board of Supervisors, Becton took office in 2017 as the first woman and first African-American District Attorney in the County’s 167-year history “with overwhelming countywide and community support” her campaign press release stated. She was then elected in 2018 as one of several left-leaning, progressive DA’s in the nation backed by billionaire George Soros in an effort to reshape America’s criminal justice system. According to a report by RepublicBroadcasting.org, Becton was “backed by $275,000 from Soros in 2018,” and is “one of the first in the position to have zero prior experience as a prosecutor. During Becton’s first years in office four Contra Costa cities (Richmond, Antioch, Pittsburg and Concord) made the list of the top 100 most dangerous cities in California in 2018, and both violent crime and property crime increased by several percent during 2019.”

Becton married a Richmond minister in summer 2020 and stirred controversy by hosting the wedding and reception in her back yard violation of COVID-19 orders. She was chastised by the Board of Supervisors for her actions. (See related articles here, here and here).

Becton is currently the only African-American District Attorney in California. According to the Contra Costa Elections office, as of Tuesday, Feb. 15, she faces two challengers in the race, including criminal defense attorney Lawrence Strauss, who placed a distant third in the 2018 election, and veteran Contra Costa Deputy DA Mary Knox. Read more about DA Becton at www.dianabecton.com.

For county DA, sheriff, supervisor, Superior Court judges and other offices, U.S. Senate, Congress, governor and other statewide offices, and State Assembly

By Dawn Kruger, Civic Outreach/Engagement Specialist, Contra Costa County Clerk-Recorder-Elections Department

On Monday, February 14, the June 7, 2022, Candidate Filing Period will begin, and nomination papers will be available for candidates running for Statewide Constitutional offices, County offices, Superior Court judges, United States Senator, United States Representative in Congress and Member of the State Assembly. The nomination period runs through 5:00 pm Friday, March 11, 2022.  A list of offices currently up for election can be found here: https://www.cocovote.us/wp-content/uploads/22Jun07_PositionsUpForElection-1.pdf

Papers for offices that are up for election will be available at the Contra Costa Elections Office, 555 Escobar Street, Martinez.

For further information on the primary election and key dates, visit www.cocovote.us.

With COVID-19 still in play, the Contra Costa Elections Division is asking interested candidates to schedule an appointment through email at candidate.services@vote.cccounty.us or by calling 925-335-7800. Walk-ins are accepted, but subject to the availability of staff. Appointments are available on weekdays from 8:30 am to 4:30 pm. Filing documents and information will be provided to interested constituents at their appointment. The process takes 20 minutes.

All visitors will be asked to check-in at the Elections lobby and will be required to wear a mask and observe social distancing guidelines.

By Allen Payton

The Contra Costa District Attorney’s Office announced, last Friday, their new Neighborhood Restorative Partnership program. It is a neighborhood-focused restorative justice initiative addressing root causes of criminal behavior, reducing recidivism, enhancing community relationships, and promoting public safety and quality of life. The NRP is a program in which eligible individuals are given an opportunity to take responsibility and repair the harm they caused through a community-based process, instead of a courtroom.

This program is:

• A community-based pre-filing program.
• A program designed to give individuals an opportunity to take responsibility and repair harm they cause.
• And will consist of community volunteers trained as panelists to find solutions that help address the harm caused by these offenders and by focusing on restoring all who have been impacted.

U.S. DOJ Study Found “Moderate” and Lower Program Results

A U.S. Department of Justice Office of Justice Programs study, published in 2017, that “systematically reviewed all available research that, at a minimum, compared participants in a restorative justice program to participants processed traditionally by the juvenile justice system”, found that such programs had a “moderate reduction in future delinquent behavior” and the “results were smaller for the more credible random assignment studies”.

“Abstract – The distinctive feature of restorative justice programs is the objective of addressing the causes of the offender’s delinquent behavior while remedying the harms caused to the victims. A fundamental component of restorative justice programs is some form of dialog or interaction between the offender and the victim or a victim surrogate, with some programs extending participation to family and community members. Examples of restorative justice programs include victim-offender mediation, family group conferencing, and sentencing circles. Also, some routine practices of the juvenile justice system such as restitution are consistent with restorative justice principles, and some programs incorporate some aspect of the framework, such as teen courts. This systematic meta-analysis of evaluation research on restorative justice programs identified 99 publications, both published and unpublished, reporting on the results of 84 evaluations nested within the 60 unique research projects or studies. From these studies, the meta-analysis extracted results related to delinquency, non-delinquency, and outcomes for the youth and victims participating in these programs. Overall, the evaluations of restorative justice programs and practices showed a moderate reduction in future delinquent behavior relative to more traditional juvenile court processing; however, these results were smaller for the more credible random assignment studies, which raises concerns about the robustness of this overall result. Additional high-quality research of such programs is warranted, given the promising but uncertain findings. 14 tables, 30 figures, and search notes”

Questions for DA Becton & Program Coordinator

Both District Attorney Diana Becton and program coordinator and Janet Era, Assistant Investigator/Facility K9 Handler with the DA’s office, were asked the following questions about the program on Monday:

Do you have more details about the Neighborhood Restorative Partnership that you can share?

How will the community-based process work? Is it just for juveniles or adults, too?

How many panelists per neighborhood panel? When and where will the panels meet?

How can you assure an individual that is the focus of the effort will actually attend their meeting with the neighborhood panel?

What percentage of individuals assigned to such programs actually show up for their neighborhood panel meeting? If they do, what are the kinds of assignments that can be ordered by the panel for the individual to “to take responsibility and repair the harm they caused”? Who provides the enforcement to ensure the assignment is completed?

Are the assignments based on a negotiated agreement with the individual and victims?

What if there are costs involved to repair the harm they caused will the individual be required to pay those costs? What if they can’t afford to do that, will the costs be paid for by the program?

Once the assignment is completed, what happens next? Is their record expunged?

How much will the program cost?

Finally, are you aware of the US DOJ study published in 2017 showing such programs for juveniles have a moderate impact or less?

Program Coordinator Responds

In an email response received, today, Era wrote, “The Neighborhood Restorative Justice Partnership (NRP) is an adult diversion program. NRP provides an opportunity for the participant to resolve their case in the community as opposed to a courtroom, by utilizing restorative justice practices. Offenders are given an opportunity to take responsibility and repair the harm they caused through a community-based resolution process.

NRP provides an opportunity for the victim to be heard and for the community to participate in the resolution process. We anticipate three panelists per panel. Eligible cases are diverted by the District Attorney’s Office into the NRP program. While participation is voluntary, participants must be willing to take accountability for their actions that caused the harm. Each case is unique; therefore, panelists will prepare individualized obligation plans for each participant.

Upon successful completion of the program, criminal charges will not be filed. NRP will track recidivism of the participants who complete the program for a period of 24 months. We have shadowed other agencies in other counties, including Yolo County, Los Angeles City Attorney, and San Francisco County. These counties have published a high rate of success at reducing recidivism. If the individual does not complete the program, criminal charges will be filed by the District Attorney’s office.

The procedures, guidelines, and logistics for the Neighborhood Restorative Justice Partnership are still under development. Participation is voluntary and confidential. There are no program fees, however there may be costs associated with repairing the harm caused by the individual.”

Program Contact Information

If interested in becoming a panelist with the Contra Costa County District Attorney’s Office, please complete an application and send to:

Contra Costa County

District Attorney’s Office

Attn: Janet Era

Assistant Investigator/Facility K9 Handler

Contra Costa County Office of the District Attorney

Neighborhood Restorative Partnership

900 Ward Street, 2nd Floor

Martinez, CA 94553

DA-NRP@contracostada.org

Click on this link for a copy of Application

Click on this link to view NRP Flyer

Claim they’re privileged and “exempt from disclosure at this time”; DA says they’re evidence

Torres-Walker surprised by misdemeanor charge for interfering with police, denies bullet casings found on her property

“There were multiple shell casings that were located in the street directly in front of Councilwoman Torres-Walker’s residence.” APD Captain Schnitzius

By Allen Payton

In response to a Public Records Act (PRA) request for copies of the police officer body and vehicle dash cam videos of the October 2, 2021 incident at Antioch District 1 Councilwoman Tamisha Torres-Walker’s home, Interim Antioch Police Chief Tony Morefield said his department won’t release them because at this time as they are privileged. In addition, Captain Trevor Schnitzius said the Contra Costa DA’s office says the reason is they are evidence. (See related article)

The request was made on Oct. 4, 2021 in an email to the then-acting chief and City Attorney Thomas Lloyd Smith. It was sent, again on Oct. 6 and included City Manager Ron Bernal asking, “When will a press release be issued about this very serious incident? Also, how soon can the police body and dash cam videos be released? I know it’s new technology for our city, but how quickly can that happen?”

In response to that email that same day, Bernal wrote, “Thanks for the info Tony. I have a call into Rolando to discuss this and a couple of other things. I expect to have something to discuss by our 4:00 pm meeting today,” referring to the City’s public information officer, Rolando Bonilla.

But no press release was issued by the City, at that time, nor since.

Then on Oct. 10, APD Police Records Supervisor Lynn Dansie said the incident was still under investigation and the videos would not be released but, provided some details of what occurred, as previously reported. (See related article)

“The Antioch Police Department is in receipt of your recent Public Records Act request for body camera footage and dash camera footage of a recent incident that resulted in case #21-8418, involving a local Councilwoman. Because this is an active investigation and still considered to be an open case, the records that may be responsive to your request are being denied for release under GC 6254(f), GC 6254(k) and GC 6255(a), at this time,” she wrote.”

“A press release is not planned to be released,” Dansie continued. “As described in GC 6254(f)(2), the following details regarding the call, are available. Officers responded to the 500 block of Gary Ave on October 3, 2021 at 0027 hrs, for a report of a loud party and shots heard, in the area.  There were no victims, no injuries, and no property loss determined at the time of officers [sic] arrival.  As mentioned, this is an open and continuing investigation at this time.”

In a follow up email sent Monday, Nov. 8, asking when the body and dash cam videos will be available, if the investigation has been completed and if not, when expected it to be.

DA Charges Torres-Walker for Interfering with Police

Finally, on Tuesday, Nov. 9, another email was sent to Morefield asking, again for the videos. Referring to an East County Today news report about Torres-Walker being charged by the Contra Costa DA with a misdemeanor for her actions during the incident, the interim chief was asked, “Now that it’s out, will you please send out a press release about it to the rest of the media and release the dash and body cam footage to all of us?”

Denial Letter Received Nov. 9

In a letter to the Herald received Nov. 9, Morefield wrote, “The City…has concluded that” the videos “are statutorily exempt from disclosure at this time.” His letter then cited several state government codes supporting the decision.

Torres-Walker Surprised by Charge, Denies Bullet Casings on Her Property

On Nov. 10 KTVU FOX2 reported Councilwoman Torres-Walker said she was surprised to be charged by the District Attorney’s office and denied there were any bullet shell casings on her property.

Additional Questions for Antioch Police

Questions were then sent to Morefield about his decision asking, “why are the dash and body cam videos of the incident at Councilwoman Torres-Walker’s home privileged? I don’t understand and most likely neither will the public. Won’t you be able to say that about all of the dash and body cam videos the department acquires of all incidents? If not, what makes this one special? Because it involves a councilwoman? Or because she was only charged with a misdemeanor?

In addition, he was asked, “when will a press release about what occurred that night and the charges against her be sent? Don’t you agree the public has a right to know what their elected officials do that is illegal, especially when it involves gunshots at their house?”

Regarding the videos being statutorily exempt from disclosure at this time, Morefield was asked why and if it’s because the prosecution of Councilwoman Torres-Walker is underway. He was also asked if it also means the videos will eventually be released, possibly once the prosecution is completed.

APD Responds: Bullet Casings Located Street in Front of Torres-Walker’s Home; DA: Video is Evidence

In an email response on Nov. 22, Captain Trevor Schnitzius wrote, “With respect to Councilwoman Torres-Walker, we understand PRA and the balancing test of public interest vs. right to privacy as well as other provisions within PRA.  In this instance, we have reached out to Simon O’Connell from the CCC DA’s office regarding yours and others request.  It has been our position, and also the position of the CCC District Attorney’s Office that this particular video is and continues to be evidence.  Upon our inquiry with the DA’s office, they also advised our agency the release of this video prior to a trial could be detrimental to the prosecution of the pending criminal case.  Regarding your inquiry as to whether or not Councilwoman Torres-Walker was arrested/cited, any information with regards to this cannot be released.  After a period of 30 days any arrest information becomes local criminal history and is not subject to release pursuant to PC 1330.  This advisement is not to be construed as to indicate an arrest was made/not made in this particular case.”

In addition, Schnitzius wrote, “The one bit of information I can provide (public interest outweighs privacy) is in reference to your inquiry regarding shell casings.  There were multiple shell casings that were located in the street directly in front of Councilwoman Torres-Walker’s residence.”

The current DA has been slow to respond to flash mob robberies, and once she responds, she’s ineffective. Given my 36 years of experience as a Contra Costa Deputy District Attorney, I know the District Attorney can do more. We need to implement these three steps immediately:

1. Convene a Bay Area-wide law enforcement response to track and apprehend suspects 

Contra Costa law enforcement agencies are partnered to provide mutual aid during emergency situations.  This “mutual aid” concept should be employed throughout the Bay Area to strategically shut down access routes for potential retail targets to intervene and prevent crime before it happens.

The investigative and technological expertise of this team will:

• Identify the criminal syndicates who organize the smash-and-grab robberies
• Intercept the “chatter” on social media planning these events
• Share information between law enforcement agencies to quickly locate and arrest perpetrators

The ideal team to coordinate this activity is the DA/FBI Safe Streets Task Force, comprised of local, state, and federal task force agents who are partnered with prosecutors assigned to the Community Violence Reduction Unit (a unit that I created in the Contra Costa District Attorney’s Office).

Given the violence involved and the value of the merchandise being stolen, the Task Force will collaborate with the U.S. Attorney’s Office to charge qualifying cases under the Hobbs Act and prosecute them in federal court.

The criminal syndicates committing the smash-and-grab robberies, as well as strings of residential burglaries in Contra Costa, are mobile and active in surrounding counties.  During the past four years, regional law enforcement agencies have done an impressive job of sharing information to identify the true scope of the criminality of these crews and to provide investigative support.  The information supplied by this well-coordinated network provided me with the evidence required to file multiple counts following very significant organized retail theft and residential robberies.  I worked with the Walnut Creek and Pleasant Hill Police Departments through the investigative challenges of the looting in 2020 and filed charges on a number of suspects.  As District Attorney, I will continue to support this allied inter-county effort.

2. Prevent the use of our freeways as crime corridors, deploy cameras 

Organized shoplifting gangs have been using the regional freeway system to quickly move between targets in neighboring law enforcement jurisdictions.  By the time an investigation starts at the first crime, the gang has moved on to loot another store in the next county.

Contra Costa’s Freeway Security Network has the technological capability to combat organized retail theft.  The Allied Freeway Agencies have received additional funding for the Network and direction to develop a plan to augment and expand the Network county-wide in order to provide technological leads in preventing and investigating criminal syndicates involved in the violent organized retail theft.

I am proud to have originated the creation of this freeway camera system to combat freeway shootings.  Since the network was installed, freeway shootings have been reduced by 90% in Contra Costa while remaining all too frequent in neighboring counties. I continue to work with law enforcement and elected leaders to propose that additional funding that Governor Newsom included in the state budget be used to incorporate additional technology to target organized retail theft into the Freeway Security Network.

3. Disrupt the use of social media as a key enabler of looting 

Organized retail theft would not exist without social media, which is the key element to planning and profiting from these crimes.

Looting is coordinated through social media 

Social media platforms provide the means of communication which allows criminals to conspire to commit take-over robberies. These platforms are directly aiding and abetting the commission of large-scale crimes, which may result in criminal liability for the social media platforms.  I will call on the social media platforms, as well as private communication platforms, to monitor and immediately report to law enforcement any communications planning a smash-and-grab robbery or the “fencing” of stolen property.

We must make it clear to technology companies that failure to monitor and report the coordination of criminal enterprise should not be a protected business activity and should instead be considered as aiding and abetting that crime.

Stolen goods are sold via online marketplaces 

If a market for the merchandise that is being stolen did not exist, the criminal syndicates would have no motive to steal.  While I am out talking with community members, most are surprised to learn that the merchandise that is stolen from CVS, Walgreens, Lululemon and the high-end retailers is often sold on the internet via OfferUp, LetGo, and the Facebook and Amazon Market Places.

As District Attorney, I will actively engage and educate our community members about the crime occurring in our county and ways we can work together to combat it, such as not buying merchandise off the internet that does not have a means of guaranteeing that it is not stolen merchandise.  I will also work with retail stores to modify their return/exchange policies to ensure that they are not accepting the return of their own stolen merchandise.

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About Mary Knox: Mary Knox was born and raised in Walnut Creek and has 36 years of experience advocating and fighting for victims, their families, and the larger community. She is a lead prosecutor in the Contra Costa County District Attorney’s office, who has prosecuted and won high profile cases against some of the most notorious criminals in county history. She has broken the chokehold that criminal gangs have had on the most disadvantaged communities and has engaged in meaningful violence reduction by instituting effective strategies to reduce crime and prosecute violent criminals. Learn more about Mary at maryknox4da.com