5-0 vote costs City $50,000 including attorney’s fees

Mock trial held, court wouldn’t grant officers qualified immunity which contributed to decision

Officers responded to home in Dec. 2020 where he was strangling his mother

Died in the hospital 3 days later while not in police custody

Coroner’s autopsy determined Quinto died of drug intoxication, psychiatric conditions, physical exertion and cardiac arrest

Independent toxicology report found presence of Fentanyl in Quinto’s blood – in addition to Modafinil and Levetiracetam.

DA reported, “an internal examination showed no bone fractures or damage to Quinto’s larynx and trachea” and “accounts of what transpired in the bedroom are consistent among all witnesses in that no police officer applied pressure to Quinto’s neck.”

By Allen D. Payton

During a Closed Session meeting Tuesday night, May 14, 2024, after receiving information from a representative of the County’s insurance pool the Antioch City Council voted 5-0 to settle the lawsuit by the family of Angelo Quinto who died in December 2020 following an interaction with Antioch Police Officers, while attacking his family during a mental health crisis. The council agreed to settle with the family for $7.5 million.

The Closed Session agenda item #1 read, “CONFERENCE INVOLVING JOINT POWERS AGENCY – Municipal Pooling Authority and California Affiliated Risk Management Authority (CARMA). Discussion will concern EXISTING LITIGATION pursuant to California Government Code section 54956.9 MARIA QUINTO-COLLINS, et al., v. CITY OF ANTIOCH, et al., United States District Court Northern District of California CASE NO.: 3:21-cv-06094-AMO; Name of local agency representative on joint powers agency board: Thomas Lloyd Smith, City of Antioch; Appearing on behalf of joint powers board: Linda Cox, Municipal Pooling Authority and Amanda Griffith, ERMA (Employment Risk Management Authority).”

The Municipal Pooling Authority (MPA) is the County’s insurance pool and along with ERMA and CARMA determined the maximum amount of a settlement they would approve. Had the council not settled and continued fighting the lawsuit, the three authorities would not have paid for attorney’s fees and any settlement or amount determined by the judge or jury. Instead, it all would have had to be paid from the City’s General Fund, most of which pays for the police department. By settling the lawsuit, the City only has to pay its $50,000 deductible including attorney’s fees.

Background

On Dec. 23, 2020, Officers responded to the home of Quinto’s parents after dispatch received a call that the young 30-year-old Filipino-American Navy veteran was attacking them. As previously reported, Quinto’s sister placed the call telling police Angelo was strangling their mom, and the mother was not breathing. The sister told police Angelo took drugs. The sister had a hammer in her hands, which her brother had taken from her at one point, but she was able to get it back. Upon arrival, officers found Quinto being actively restrained by his mother on a bedroom floor of the home.  

Although claims were made by his family that officers restrained Quinto by using a knee to his neck for five minutes, that was proven false, as police claimed they had only placed a knee on his back. According to then-Chief Tammany Brooks, “At one point, during the handcuffing, for a few seconds an officer did have his knee across Angelo’s shoulder blade…taught at police academies for prone handcuffing.” Quinto died in the hospital three days later while not in police custody. (See related articles here and here)

During Brooks’ report of the incident he said, “I have been in contact with the Coroner’s Office and the following four points have been jointly approved by multiple pathologists related to their findings thus far:

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

An autopsy was performed on December 28th by the Contra Costa County Coroner’s Office which ruled Quinto succumbed to excited delirium and prescription drugs during the physical altercation with officers. Further, the cause of death was determined to be Excited Delirium Syndrome due to drug intoxication, psychiatric conditions, physical exertion and cardiac arrest. (Excited Delirium being recognized as a valid medical diagnosis or cause of death has since been outlawed in California with the passage of a bill, AB-360, last October. It prohibits coroners, medical examiners, physicians or physician assistants from listing excited delirium on a person’s death certificate or in an autopsy report).

On February 18, 2021, Quinto’s family, through their attorney, John Burris, filed a complaint against the Antioch Police Department. Burris had previously complained the officers didn’t have their body cameras turned on, but the council hadn’t yet approved the purchase of police body cams and the department did not implement them until 2021.

On Friday, August 20, 2021, Contra Costa County Sheriff-Coroner David Livingston announced that a coroner’s jury reached a finding that Quinto’s death was an accident, not at the hands of another.

Then, in September 2022, Contra Costa District Attorney Diana Becton determined, Antioch Police officers engaged with Quinto in a manner that was lawful and objectively reasonable under the circumstances and an internal examination showed no bone fractures or damage to Quinto’s larynx and trachea.

According to the DA’s Office, “A toxicology report by the Coroner’s Office showed that Quinto had the presence of caffeine, Levetriacetam (a therapeutic for adults and children with epilepsy), and Modafinil – a drug to stimulate wakefulness – in his system. The Santa Clara County Medical Examiner-Coroner reviewed the autopsy findings and agreed with its conclusions.

“The Quinto family commissioned an independent autopsy, and its findings note the cause of death was restraint asphyxiation. The private autopsy lists petechial hemorrhaging as the basis for such conclusion. An independent toxicology report also found the presence of Fentanyl in Quinto’s blood – in addition to Modafinil and Levetiracetam.

“However, of critical importance to the investigation, an internal examination showed no bone fractures or damage to Quinto’s larynx and trachea. While there are conflicting medical opinions as to the cause of death, the accounts of what transpired in the bedroom are consistent among all witnesses in that no police officer applied pressure to Quinto’s neck.

“After reviewing the evidence, the method of restraining Angelo Quinto by Antioch Police officers on December 23rd was objectively reasonable under the totality of the circumstances. Therefore, when applying the applicable law and the California District Attorney’s Uniform Crime Charging Standards, there is no evidence of a criminal offense committed by the Antioch Police officers involved in restraining Angelo Quinto.”

Yet, according to a March 16, 2023, report by the San Francisco Chronicle, “During a deposition, the county contract doctor acknowledged the possibility that Quinto died of asphyxiation from restraint, according to a court filing by attorneys for Quinto’s family.”

Councilmembers’ Actions, Comments Prior to Settlement

The settlement vote by three of the council members was to be expected as they’ve been sympathetic and apologetic to Quinto’s family. During the council meeting on Oct. 25, 2022, Mayor Lamar Hernandez-Thorpe and Mayor Pro Tem Monica Wilson wore T-shirts in support of Angelo Quinto, Wilson proposed naming the City’s emergency response team after the young man, which was supported by the entire council, and District 1 Councilwoman Tamisha Torres-Walker said, “I want to say to the Quinto family, you lost your son, that’s how we got here. Your loss has spurred some change, but it didn’t have to happen.” (See related article and the 2:35:42 mark of the council meeting video) In addition, Torres-Walker wore the same shirt at a later time and event. Plus, the mayor has repeatedly, falsely claimed Quinto died while in police custody.

But the unanimous vote in favor of an out-of-court settlement was not expected.

Barbanica Explains Reason for Settlement

About his vote for the settlement, District 2 Councilman Mike Barbanica said, “these are extremely difficult cases. I’ve been very clear in open session that the DA’s office and Coroner’s inquest did not find that he died at the hands of the officers. I let those investigations speak for themselves. There was no criminal wrongdoing by any of the police officers.”

“But when the insurance pool is paying for the City’s legal defense, if the council declines a settlement offer presented to them, and decides to continue to fight it, then the City will pay potential attorneys’ fees and any judgement that holds the City responsible,” Barbanica explained. “The City is paying $50,000 which includes attorney’s fees, and the insurance pool is paying up to the balance of $1 million, which is common in any settlement, limiting the exposure to the City’s General Fund.”

“Once you get to $1 million, it kicks over to secondary insurance which paid the remaining $6.5 million balance,” he added.

“In addition, the court did not grant the officers in the case qualified immunity. If we had continued in this case, we don’t know what it would have meant for the officers,” he stated. “The city attorney also made a very wise decision to hold what is called a mock trial in this case and is done in secrecy.”

“That was all done during the course of the lawsuit with an actual jury because he wanted to know any potential outcome. Those were factors that went into the decision-making on the settlement,” Barbanica explained. “This was not a haphazard decision. There was a lot of research, and all of this was done prior to them coming to us with a proposed settlement.”

Ogorchock Offers Her Reasons for Settling

When reached for comment explaining her reason for supporting the settlement, Ogorchock said, “As with any lawsuit, if they would have found even one percent liability by the City, it could have opened up the General Fund to pay more than what was paid.”

Asked if the insurance authorities said why they felt a jury would have been sympathetic to the family instead of the City, Ogorchock would not get into the details from the Closed Session discussion.

Asked about who represented the City, Ogorchock said, “the city attorney (Thomas L. Smith) chose the attorney to represent the City in the case.”

“We settled the case based on the city attorney’s and the insurance carrier’s advice. If we hadn’t, it would have opened up the City to the liability,” she added, reiterating the information shared by Barbanica. “In litigation cases, MPA will give us their advice and if we even have a small percentage of liability they will recommend a settlement amount. We as council, can choose to either accept or reject MPA’s recommendation. If we reject it, then we as the City take on the full, potential liability costs.”

However, Barbanica later said, “The city attorney chose from a list of attorneys provided by the pooling authority.”

Questions for City Attorney, Acting City Manager, Interim Police Chief Go Unanswered

The background information shared above, and the following questions were sent Tuesday night to City Attorney Thomas L. Smith, Acting City Manager Kwame Reed and Interim Police Chief Brian Addington:

“Who represented the City in court against the lawsuit by Angelo Quinto’s family including the names of the law firm and attorneys?

If the case had not yet been presented to a jury, were there any preliminary rulings by a judge in favor of Quinto’s family?

Why settle if all the facts were in favor of the Antioch Police officers?

What were the determining factors by the Municipal Pooling Authority, CARMA and ERMA which caused them to recommend settlement instead of defending the City and why that amount?

Were any of the officers who responded to the Quinto home subjects of either the FBI investigation into ‘crimes of moral turpitude’ or the racist text scandal? If so, was that the reason for the settlement, the fear a jury would side against those officers and in favor of Quinto’s family?

What language is included in the settlement? Does it claim culpability by the officers?

According to then-Police Chief Tammany Brooks, Quinto was not in custody at the time he died in the hospital on Dec. 26, 2020. Is that correct? If not, when did that information get changed?”

They were also asked for copies of both the lawsuit and any and all settlement documents.

They did not respond prior to publication time. Please check back later for any updates to this report.

Supervisors suspend all-electric requirements following U.S. Court of Appeals ruling

(Martinez, CA) – The Contra Costa County Board of Supervisors Tuesday suspended enforcement of its requirement that most new buildings be constructed as all-electric buildings.  The County’s all-electric building requirement, as part of the County’s building code, had prohibited the installation of natural gas infrastructure in most new buildings and required developers to use electricity as the sole source of energy in the building.  With Tuesday’s action, the County’s all-electric building requirement will not be enforced.

Last month, the U.S. Court of Appeals for the Ninth Circuit invalidated a City of Berkeley ordinance that prohibited natural gas infrastructure in new buildings. The court held that the federal Energy Policy and Conservation Act precludes cities and counties from adopting building codes that prohibit the installation of gas plumbing in buildings.

Contra Costa County’s all-electric building requirement, like the invalidated City of Berkeley ordinance, prohibits the installation of gas plumbing in new buildings.  The County is therefore suspending this requirement in response to the Ninth Circuit’s decision.

At the same time, the Board of Supervisors remains committed to the goals that prompted it to adopt the all-electric requirement: improving public health and fighting what they believe contributes to climate change. The Board referred the topic of reducing greenhouse gas emissions from buildings to its Sustainability Committee and directed staff to report on alternatives for advancing this objective at the Committee’s next meeting.

“Contra Costa County remains committed to reducing the use of fossil fuels in buildings and continues to support the construction of new buildings using all-electric technologies,” said Board Chair Federal D. Glover, District 5 Supervisor.  “We are eager to identify new and innovative ways to continue to pursue our goal of reducing greenhouse gas emissions from buildings.”

The County encourages residents and businesses to continue to install all-electric building systems and appliances. There are many benefits of all-electric construction, some of which include:

• Cleaner air and better health outcomes from eliminating the emissions associated with burning fossil fuels, particularly indoors.
• Not having to pay to install gas pipes in new buildings.
• Taking advantage of financial incentives and rebates for all-electric appliances.
• Resilience against power outages, particularly when electric technologies are paired with battery storage.
• Hedging against high electricity costs by being able to schedule electric appliances to operate at times of day when electricity costs are lowest.
• Preparing for the potential discontinuation of gas appliances in the future that could occur from possible regulatory actions by regional, state, or federal agencies.

There are many good resources on the benefits of all-electric buildings, including:

The County’s sustainability web site has information on state and federal incentives, rebates, and other ways to fund all-electric upgrades.

The Bay Area Regional Energy Network has information on training opportunities, rebates and incentives, and contractors.  

MCE, the community choice energy provider for most of Contra Costa County, offers rebates and incentives.

The Switch Is On, sponsored by the Building Decarbonization Coalition, is a collaborative campaign to support all-electric home conversion by providing tools, support, and resources to Californians.

Rewiring America provides information about the benefits of all-electric technologies, and helps generate a personalized plan for individuals, including costs and savings.

PG&E also has resources on all-electric buildings, including rebates, incentives, rate plans, and design guides.

Allen D. Payton contributed to this report.

“They’ve been a massive failure…They have no credibility with anybody because they take on the role of being anti-police…It gives them a forum. They enjoy it. They get to grandstand.” – APOA attorney Mike Rains

“We look forward to the opportunity to work with the new Oversight Commission” – APOA VP Sgt. Loren Bledsoe

By Allen D. Payton

In response to the appointment of the seven members to the City of Antioch’s new Police Oversight Commission this past week, Antioch Police Officers Association attorney Mike Rains, who says his firm represents about 180 police associations throughout California, shared his extensive thoughts and concerns about the commission, the city’s government and police department.

“I didn’t know the people who they appointed. I guess, knowing it’s Antioch, they’re not going to appoint anyone who will be fair to police,” he stated. “It’s meaningless, ritualistic crap. That’s all you can say about this new commission.”

“I’ve been dealing with civilian review of police for 40 years. Antioch is no different. It can be effective and can work but only if those who sit in review of the police actions are fair and objective in evaluating the evidence. But what has happened, almost everywhere, is selecting people to the position who have an agenda,” Rains stated. “They think they sit on the panels to be advocates for their own personal agenda. They’ve been a massive failure.

They have no credibility with anybody because they take on the role of being anti-police.”

Says Oakland Police Commission Decisions Overruled Most of the Time

During his arguments in favor of forming the new commission, Mayor Lamar Hernandez-Thorpe mentioned the police commissions in San Francisco and Oakland as examples. Rains shared his experiences with one.

“Take a look at the Oakland Police Commission. They’re in complete disarray. Nobody pays attention to them. City officials overrule them most of the time,” he stated. “In the few cases the city officials succumb to the pressure, and discipline was imposed, we took them to arbitration, and it was overturned because it was unfair, and no arbitrators would uphold them.”

“Like in Berkely, they’ve had the same model,” Rains shared. “It gives them a forum. They enjoy it. They get to grandstand. It gives them their one day of glory in a hearing.”

Antioch’s Commission Only Advisory

But unlike the police commissions in the larger cities in the Bay Area and elsewhere, which are charter cities, because Antioch is a general law city, as previously reported, the Police Oversight Commission does not have the same powers and can only serve in an advisory role to the city council. Rains called it, “A meaningless process.”

“As if any of these folks know about police policy. It’s going to be their personal philosophy without any knowledge at all of what universally is accepted for police practice,” he continued. “I’m sure it’s going to be a joke. Everything coming out of Antioch is, right now.”

About the City Government & Mayor

Rains then turned his attention to how the city’s government is being operated.

“The city is severely mismanaged, and they keep running it into the ground,” he stated. “It’s indicative of what Mayor Thorpe has been doing. The mayor won’t let the police chief run the department and that’s how it’s been since Chief Ford was there.”

“Lamar Thorpe and his cronies, they can’t run it. That’s what’s causing the disfunction,” Rains continued. “They continue to do this crap and think these little ‘show and tells’ like this police commission thing will show they’re competent. But they’re incompetent. Instead of hiring competent department heads to run the city.”

“It’s sad for the people of Antioch,” stated Rains, who doesn’t’ live in the city. “They need to vote out all these people and elect people who are smart and care and don’t have a personal agenda that will dominate their decision-making.”

About the Police Department

He then spoke about the police department where his clients, the members of the APOA work.

“I feel sorry for the cops who work there, still,” Rains shared. “I think they should just leave en masse because of the lack of leadership at all levels in city hall. They need to let the police chief do his job.”

“My office represents over 180 police associations in the state and Antioch is the only one where the police chief has been deprived of running his own department,” he stated. “It’s being run by the city attorney, the mayor and possibly the acting city manager, and the human resources director. Why would anyone want to work there?”

When pointed out that the mayor claims 16 new sworn officers have been recruited to the department since the council approved the hiring incentive package Rains said, “They’re probably not going to be able to retain officers. I think officers, if they come there, it doesn’t take them long to see what’s going on, because the city is running it into the ground, and they want out. There are other departments that are competent with competent leadership and they’re going to go there.”

“The public needs to know the mayor and the city attorney, his ally, have done the people a disservice in the way they’ve run that place into the ground,” Rains added.

APOA Willing to Work With New Commission

APOA Vice President Sgt. Loren Bledsoe offered a different response to the formation of the commission and appointment of the seven commissioners. When asked for comment he wrote, “We look forward to the opportunity to work with the new Oversight Commission to develop strategies to improve public safety. As a strong believer in the concepts of 21st Century Policing, I look forward to this opportunity and hope it will only strengthen relationships with the community.”

Hernandez-Thorpe, Smith Offered Opportunity to Respond

An email was sent to both Hernandez-Thorpe and City Attorney Smith Saturday afternoon with a link to the article offering each the opportunity to respond to Rains’ claims. Neither had responded as of Saturday night.

UPDATE 1: Rains Commends APOA’s Comments

However, after reading the article, Rains shared additional comments saying, “After seeing the comments by Loren Bledsoe, I commend him for extending an olive branch to the new commission and indicating the POA’s desire to work in a cooperative fashion with them.”

“As the attorney for the association, I do not have the same optimistic view that a cooperative and harmonious relationship can be established,” Rains continued. “But if anybody can do it, Loren Bledsoe can on behalf of the association, And I commend him for his comment and his attempt to work things so that the commission can function objectively and effectively and make the lives of the citizens of Antioch better and to make the working lives of the cops in Antioch better, as well.”

Please check back later for any updates to this report.

Benefiting 4 million small businesses

SACRAMENTO – A federal district court this week upheld Senator Steve Glazer’s Truth in Lending law in a summary judgment that declined to hear a lawsuit filed by a lender organization that argued the law did not apply to them.

Under legislation that Senator Glazer, D-Contra Costa, authored in 2018 (Senate Bill 1235), California became the first state in the nation to give small business owners the same protections that Truth in Lending laws have given consumer borrowers for more than half a century. The law became permanent this year when Governor Gavin Newsom signed Senator Glazer’s follow-up bill, SB 33.

The lawsuit, brought by online financers called the Small Business Finance Association, sought to invalidate regulations that the California Department of Financial Protection and Innovations (DFPI) adopted to implement Senate Bill 1235, which requires lenders and other finance companies to provide clear and consistent disclosures to small business owners when they offer them financing and when they close a deal.

CORRECTION: The court ruled in favor of the DFPI’s motion for preliminary injunction. The summary judgment (Motion for Summary Judgment) concluded that the disclosures required under the Department’s regulations were lawful under the First Amendment and were not preempted by federal law.   

In his 14-page order, the judge, R. Gary Klausner of the Central District of California, dismissed the plaintiffs’ arguments and praised state regulations implementing the law for protecting small business owners.

“The disclosures will help small businesses understand the cost of SBFs (Subscription Based Financing) and OECs (Original Equipment Costs) and do comparison shopping … Small businesses have asked for standardized disclosures that uncloak the true cost of financing and highlight useful information like “APR (Annual Percentage Rate), repayment amount, frequency of payments and prepayment penalties. The Regulations mandate such disclosures, thereby helping small businesses make informed credit decisions.”

DFPI Commissioner Clothilde Hewlett called Judge Klausner’s decision a “significant victory for small business owners and consumer protection in the State of California. SB 1235, and the accompanying DFPI regulations, ensure that more than four million California small businesses have protections like those enjoyed by consumers under the Truth in Lending Act for more than 50 years.

Hewlett continued: “These regulations empower small businesses to make informed credit decisions and better understand the cost of small business financing products, including merchant cash advances. The DFPI is committed to advancing opportunities for small business owners to achieve the California dream by ensuring a fair financial marketplace.”

The law is aimed at providing small business owners stronger footing in the rapidly evolving small business finance market, where fast-moving online lenders were replacing traditional banks in a largely unregulated world of loans and more innovative financing options.

“The federal district court agreed with the premise of my law, and that is that small businesses should be protected from abuses that were trapping them in a spiral of debt as the online lending industry evolved,” Senator Glazer said. “This law offers a modest measure – disclosure — to help level the playing field for small business owners. It is making California a leader in protecting the interests of small business owners as they seek the capital they need to grow.”

Previously, state and federal Truth in Lending laws applied only to consumer finance. Even the owners of the smallest companies were left to fend for themselves on the theory that they were sophisticated merchants who understood the world of finance. Increasingly, however, that is no longer true. Today’s small business owners are often immigrant entrepreneurs struggling to get their enterprises off the ground with little knowledge of the finance industry. Others are young people or early retirees with no background in finance.

Under the law, the financer must disclose the following at the time they offer financing of less than $500,000 to a business owner:

• Total amount of financing
• Total cost of financing
• Term length
• Frequency and amount of payments
• Pre-payment policies
• Annualized rate

Editor’s Note:  The Herald previously reported in this article, based on incorrect information in a press release from Glazer’s office, that Judge Klausner had granted a preliminary injunction against Opportunity Financial LLC (OppFi). That was in error. Judge Klausner’s summary judgment order contained no such order and no motion against OppFi was before the court.

Applications due Oct. 27

The Contra Costa County Board of Supervisors is seeking applicants for the Public Law Library Board of Trustees. The Board of Trustees was established pursuant to State law and County Ordinance to maintain a law library in Martinez and a branch library in Richmond.

The Board of Trustees is the governing body for the Law Library with the authority to determine personnel, fiscal, and administrative policies to fulfill the legal information needs of the community. County residents who are members of the State Bar and have an interest in public policy and library administration are encouraged to apply for this non-paid volunteer opportunity. The County Board of Supervisors will appoint to fill one vacancy for a one-year term beginning Jan. 1, 2024 and ending on Dec. 31, 2024.   The Board of Trustees meets monthly for a midday meeting, time and date to be decided by the Board.

Application forms can be obtained from the Clerk of the Board of Supervisors by calling (925) 655-2000 or the application can be completed online by visiting the County website at  https://www.contracosta.ca.gov/3418. 

Applications should be returned to the Clerk of the Board of Supervisors, County Administration Building, 1025 Escobar St., Martinez, CA  94553 no later than by 5 p.m. on Friday, Oct. 27, 2023. 

Applicants should plan to be available for public interviews to be conducted virtually via Zoom on Monday, November 13, 2023. 

More information about the Contra Costa Public Law Library can be obtained by calling Carey Rowan at (925) 646-2783 or Carey.Rowan@LL.cccounty.us , or visiting the Law Library website at http://www.cccpllib.org.

APOA attorney says City claims there aren’t any; council will address lawsuit during tonight’s closed session Tuesday

Thorpe claims he doesn’t use personal cell phone for city business; issues statement calling lawsuit “intimidation tactics”

Attorney says during five months of the text scandal investigation only 5 or 6 cops on leave of the 15 or 16 his office represents have been interviewed

“So, they’re just sitting there earning money because of the disfunction of the City leaders” – Mike Rains, APOA attorney

By Allen D. Payton

During their meeting tonight, Tuesday, Sept. 26, 2023, the Antioch City Council will address in closed session a lawsuit by the Antioch Police Officers’ Association (APOA). Asked about reasons for the lawsuit the APOA’s attorney, Mike Rains, said it’s to obtain Mayor Lamar Thorpe’s phone records because the City won’t provide them, claiming they couldn’t find any. The Public Records Act request covers the nine days prior to Thorpe’s Wednesday, March 30th press conference when he spoke about the investigation into the racist text scandal among Antioch officers. (See related article)

In that press conference, Thorpe read from prepared text saying, “Monday I received some information that has arisen from an ongoing investigation of the Antioch Police Department. Several additional officers have been placed on administrative leave. Let me be very clear I’m not here to confirm the number of officers that are involved nor am I here to confirm any rumors or speculations about the nature of what was discovered.”

Since that time, about 35 officers have been on leave, all paid until last month when three of the officers who have been charged with crimes by the Contra Costa DA’s Office, were placed on unpaid leave.

The lawsuit (Case number N23-1629 in Contra Costa Superior Court) is seeking “records reflecting telephone calls, emails, and text messages sent or received by City of Antioch Mayor Lamar Thorpe concerning the initiation of a non-criminal administrative investigation into allegations of misconduct by City of Antioch police officers concerning text or email messages allegedly containing graphic references to issues regarding race, ethnicity or national original, or sexual preference and/or sexual identification, which have become the subject of media scrutiny.”

“This started months ago,” Rains explained. “We sent a Public Records Act request to the City to get the records from the mayor’s phone, texts, emails and phone calls to others, from about March 21-30, the nine days before his March 30th news conference announcing that this investigation of the text messaging was going on. He couldn’t provide details. The chief had not given him any information at all. He claimed the city manager had briefed him. But the city manager didn’t know anything. So, where was he getting his information?”

“Larry Wallace from the DA’s office had put together his two reports on the texting and I believe Thorpe was getting his information from Wallace directly,” Rains stated. “I don’t know. But we have a right to know where he’s getting his information about public business. It’s a public record.”

“We asked for that information but the former assistant city attorney who quit during a meeting and just walked out, wrote us a letter asking for a extension, saying ‘we need to look at it,’” Rains shared. “Then we give her the extension then she sent us a letter claiming they didn’t have anything.”

“So, we asked how she had searched the mayor’s phone. We got crickets,” he continued. “Then we sent another letter asking for the same thing and threatened but they didn’t respond. So, we did. That’s what tomorrow is about.”

“They have to do a search according to state Supreme Court based on a case out of the City of San Jose, that had to do with records requests for council members private phones,” Rains said. “I have a feeling they never did the search. I’m sure the mayor has since tried to delete everything. That would probably cause us to get the phone and do a forensic analysis to get all the deleted messages.”

Text Scandal Investigation

Regarding the investigation of the officers on leave for the racist text scandal, Rains said, “The city’s lawyers who they’ve retained and another group that they’ve retained to do something else, they’re going through all kinds of law firms, including the few interviews of the cops on leave for the texts. They’ve only done about five or six interviews. They still have about seven or eight guys they need to interview, guys who shouldn’t be on leave at the request of the mayor and the city attorney, not with the support of Chief Ford.”

“We had all these interviews set up for 15 of the cops but at first, they said they were only going to do one interview,” he continued. “I think we’ve had three different investigators, now, that have done the five or six interviews. The first one from Los Angeles didn’t even show up. Then they hired the Hispanic lady. She was nice and did one or two interviews. Then they hired some guy who did a couple interviews.”

As previously reported, City Attorney Thomas L. Smith hired Cerritos, CA-based Angela Powell, a partner in the law firm of Atkinson, Andelson, Loya, Ruud & Romo, to conduct the investigation of the text messages. She has 26 years’ experience as an attorney. Her services ended by Monday, May 15, the day the interviews of the officers were to begin. In her place, the City hired San Jose-based attorney Allison Hernandez, a Senior Associate with the law firm of Burke, Williams & Sorensen who earned her law degree in 2016.

Asked about Powell, Rains said, “She said she was going to be fair. She wasn’t going to let anyone tell her what to do. The next thing I know is we had another lady showing up to do the interviews. I think she didn’t find anything they could do.”

Asked about the other officers on leave Rains said, “I don’t know what they did with Rombough. We don’t represent him. I don’t know how many they think they still need to interview. We don’t represent all these guys. We represent somewhere around 15 or 16 cops on leave, who were mostly recipients of group texts. Of those they’ve only interviewed half in about five months.”

“So, they’re just sitting there earning money because of the disfunction of the City leaders,” he added.

Asked if there is any communication between his office and the investigators Rains stated, “No. The city attorney and the mayor have cut the investigators out of any communication with the department. Even Chief Ford couldn’t speak with them. Usually in the scheme of things, when outside investigators are hired, the chief coordinates it, working with staff setting up interviews. Ford wasn’t even in the picture.”

“All the attorneys have been brought in by the city attorney,” Rains continued. “So, the chief isn’t involved in any of it, and I think that includes the current, acting chief. He’s just sitting on the sidelines, too.”

Asked if he knows when the interviews and the investigation will conclude, Rains replied, “No idea.”

Questions for Thorpe, City Attorney

Questions were sent to both Thorpe and City Attorney Smith Monday night giving them until noon Tuesday to respond.

They were asked if Rains’ claims are true that the City won’t provide the records from the mayor’s personal phone from March 21-30 because they claim there aren’t any.

Thorpe was asked, if that is true, if he had deleted any phone calls, text or email messages on his phone from that period.

They were also asked if it’s not true, and there are records of phone calls, text and email messages from the mayor’s phone, why haven’t they been provided if they are a public record.

Thorpe was then asked if he has a city-issued phone that he uses for city business and if not, how does he communicate with members of the public and others regarding city-related business.

Finally, the mayor was asked if he received his information about the text scandal from anyone in the Contra Costa DA’s Office, including Larry Wallace.

Smith was then asked if only five or six of the 15 or 16 officers represented by Rains’ law firm have been interviewed by the outside investigators. He was also asked, “If so, why haven’t they all been interviewed yet in the five months since they’ve been placed on leave and when will they be interviewed?” If that’s not correct, how many of the 35 or so officers on leave have been interviewed during the investigation? Have the outside investigators been given a deadline for completing the interview and investigation and providing you and the city council with a final report?”

Thorpe Says He Doesn’t Use Personal Cell Phone, Uses Home Landline for City Business

Thorpe said he doesn’t use his personal cell phone for city business, but uses his home landline, instead.

“I use this phone, right here,” he stated during a phone call Tuesday morning. “I have another cell phone but I don’t give out that number as too many people have my other number and I get texts and phone calls on that.”

Labels APOA’s Lawsuit “Intimidation Tactics”

Later, on Tuesday afternoon, Thorpe posted on his official social media accounts the following:

Statement Regarding Antioch Police Union’s Intimidation Tactics

“I’m deeply troubled and disappointed that the Antioch Police Officers Association -a.k.a. the Police Union- still doesn’t get it.

Current and former members of the Antioch Police Department are being indicted by the US Department of Justice. Several more are being charged with state crimes by the Contra Costa District Attorney.

Two state agencies are investigating the department including California’s attorney general. The city is currently investigating members for racist text messages discovered by the FBI.

And, lastly, the city council approved my request for audits of the internal affairs process, hiring and promotions practices, and to examine patterns and practices.

Right now, the police union should be working with my colleagues and me to build a department that is reflective of our city’s values. Instead, the police union is busy trying to intimidate me and City Hall with the same old, tired tactics of yesteryear by aiming to turn me into the 800-pound gorilla in the room.”

Because it didn’t answer the questions posed to him or explain how there are no record of texts, emails or phone calls as requested by the APOA’s attorney, Thorpe was again asked if he uses a city-issued cell phone. He was also asked when he stopped using his personal cell phone for city-related business. He did not respond prior to Tuesday’s closed session meeting which began at 6:00 p.m. or by publication time.

Smith also did not respond prior to publication time.

UPDATE #1: Rains Responds to Thorpe’s Statement

In response to Thorpe’s statement Rains wrote, “It’s nonsense.  We have been trying to get a straight answer from the City for five months concerning calls/texts/emails sent and/or received by Thorpe with other City or DA employees in the week or so preceding his March 30 press conference announcing the texting investigation, even though no text messages had been released to the City or the media before March 30.  The City refused our request to describe any search conducted of his cell phone for the information, and we told them if they continued to refuse our request for transparency, we would seek relief in Superior Court.  They did nothing and we were forced to file the writ.”

UPDATE #2: Following Tuesday night’s closed session, Attorney Smith reported out about the lawsuit stating, “no reportable action.”

UPDATE #3 (9/27/23): When reached later for comment asking again when he stopped using his personal cell phone for city business Thorpe said, “I’m not going to answer any questions related to the investigation.” But the mayor did say he doesn’t have a city-issued cell phone.

Rains says chief had “decision-making…taken away from him”; Thorpe calls it “completely laughable“, an “attempt to spin“; claims police officers have committed “moral crimes” before investigation is completed

By Allen D. Payton

Antioch Mayor Lamar Thorpe sent a scathing letter on Friday, July 21, 2023, to attorney Mike Rains, the who represents the Antioch Police Officers Association, attacking him for comments he made blaming the mayor for Police Chief Steve Ford’s sudden retirement. Ford announced his departure on Wednesday, effective August 11th. Rains made his comments in an interview with KTVU Fox2 interview  on Thursday. Thorpe posted a copy of his letter on his official Twitter feed and on his official Facebook page Friday morning.

During the news report Rains, of the law firm Rains Lucia Sterns St. Phalle and Silver, PC, told the reporter, “This department is in turmoil and he’s the one who could have brought it out of turmoil. It’s going to be hard to find somebody to do that, now.”

“These important decision-making things that any police chief should be making, having been taken away from him,” Rains stated. “I think he just got finally tired of not being able to make the decisions to guide both the investigation and the department the way he wanted to do.”

In that same report, Thorpe was also interviewed and said, “One individual or one role does not define the entire city. We have to deliver on the promises that we told people we would deliver on and part of that is building trust with the community and having a police department that serves all the people of our city.”

In his Facebook post, Thorpe wrote, “This morning I had an encouraging conversation with Chief Steve Ford concerning his recent retirement announcement. While Chief Ford and I are in regular communication, I was traveling back from a transportation conference in Birmingham, Ala on Wednesday.

I thanked Chief Ford for his service and he reassured me that the reforms we’ve started have built a strong foundation for new leadership.

There will be local blogs and a paid lawyer for the officers involved in the racist text messaging scandal who try to politicize his retirement announcement.

Attached is my open-letter to said paid lawyer.”

Thorpe’s tweet of the letter reads, “Late [sic] from Mayor Thorpe to attorney for officers involved in racist text messaging scandal.”

In his letter to Rains, Thorpe wrote, “Your attempt in the press to make Chief Steve Ford’s retirement about me is completely laughable, as it is clear you are seeking to make the Antioch Police Department’s current state of affairs about politics. It isn’t. It is about right and wrong.

As a paid representative to the racist [sic] that violated the public’s trust, I understand that your role is to protect them from the moral crimes that they committed against our residents. However, the moral crimes that your clients have committed are so egregious, and so outside of normalcy that it required a leader with internal fortitude to bring order to the Antioch Police Department.

To the city council, Chief Ford was that person. He came in with the belief that he would change the ‘hearts and minds’ of the members of the Antioch Police Department. However, racism is so entrenched within the halls of the Antioch Police Department that the Chief himself was freely labeled a ‘gorilla’ in text messages among officers (referring to the latest 128-pages of texts filed in court last week). Do you think this behavior is worth defending? A culture that is so toxic that they denigrate their leader in the most vile way by which a black man can be referenced.

For all of your attempt to spin in the press, keep in mind: I wasn’t the person that found the texts, nor was I the one that released the texts and the names of your clients. That honor goes to the FBI, the Contra Costa District Attorney’s Office, and the Contra Costa County Superior Court. Are these agencies anti-police? Anti-law enforcement? Of course not, because they were doing the right thing and upholding their duty to the public.

In fact, the only people that seem to benefit from Antioch’s current moral crisis are people such as yourself who are paid handsomely to defend the indefensible. You hide behind policies and procedures without ever caring about how your actions hurt the residents of the city of Antioch, or the honest officers that have never violated the law whose names are being dragged in the mud because your clients lack the honor to take accountability. I’d say their lack of honor, and your protection of them is the most anti-police behavior I have ever witnessed.

That is one of the key differences between you and me. I do not get paid to serve as mayor. I serve because I love my community, and I will always fight to ensure that the residents of MY city are able to live in a city where they can prosper, and not feel marginalized by the very institutions their tax dollars uphold.

I am not writing this letter for a response from you as your words mean ABSOLUTELY nothing to me. I am writing it so that my community can hear the facts directly from me.

Respectfully,

Lamar A. Thorpe

Mayor, City of Antioch

——————

Rains’ Firm Represents Officers in Text Scandal Investigation, Not in Lawsuit

When reached for comment about Thorpe’s letter Rains said he is not representing the officers involved in the text scandal lawsuit.

In fact, the City through City Attorney Thomas L. Smith’s department, has hired and is paying for the attorneys representing and defending the current and two former police chiefs, and one former and five current officers named in the federal lawsuit.

But the attorneys in Rains’ office are with the officers during the interviews by the City-hired outside investigator for the text scandal investigation which is about possible violations of department policies and procedures.

Rains added, “Had the mayor left the chief alone he would have been able to do his job. I’m sorry to see him go. All of his discretionary powers were taken away.”

Thorpe Paid Stipend as Mayor

The mayor was incorrect in one of his comments toward the end as he and each councilmember receive a $1,600 per month stipend as well as benefits. Thorpe was challenged on that comment and asked if he would like to correct the record. He responded, “There’s no record to correct, I don’t get paid a salary, I get a stipend that is less than the annual salary of a minimum wage worker in California. Rains earns a salary, I do not.”

Thorpe was also asked to respond directly to Rains’ accusation that the mayor prevented Ford from doing his job. He was asked if anything Rains said is correct, and if at any time during Chief Ford’s tenure he attempted to exert any pressure on him or through the city manager regarding carrying out his duties for the department.

Thorpe responded, “My direct response to Rains is my letter, it speaks for itself.”

As voted by you in the 2022 People’s Choice Awards!