6 face possible permanent decertification as peace officers

There have been no arbitrations that have occurred to date according to City staff

“Virtually all will get their jobs back.” – APOA & defense attorney Mike Rains. May call mayor, councilwoman to testify.

“…we are pleased to see that the investigation into these incidents has concluded.” – APOA VP Sgt. Loren Bledsoe

By Allen D. Payton

A report in the East Bay Times on Monday, June 17, 2024, provided information that’s been sought for months by local media about the number of Antioch Police Officers who have been terminated as a result of both the FBI and text scandal investigations over the past two years. According to the report, 10 officers have been fired and the information was based on “recently obtained emails department commanders sent to city officials.”

In the report he cited three more officers who had quit because they, “knew that harsh discipline was imminent, city documents say.” The Times also reported, “six officers were given unpaid suspensions…one received a written reprimand” and “One officer was cleared of wrongdoing.” That doesn’t include former Officer Matthew Nutt who was acquitted by a jury last Thursday of assault against a man he arrested two years ago.

That information was confirmed by Antioch District 2 Councilman Mike Barbanica on Monday which he had just confirmed that with City staff and was given authorization to share it with the media. He said, “10 officers were terminated, three resigned prior to any discipline being implemented, two were demoted, six were suspended and one was cleared of all charges from an independent investigation, not including Matthew Nut.”

The Times’ report claimed, “city officials attempted to fire or discipline several more officers who ultimately won arbitration hearings and got the decisions reversed or reduced, according to multiple officials with firsthand knowledge.”

However, asked about the arbitrations Barbanica said, “I am not aware of any arbitrations that have yet occurred. It doesn’t mean they haven’t.”

After a call to City staff, during a brief, follow up conversation Barbanica clarified saying firmly, “There have been no arbitrations that have occurred to date.”

Of the 10 officers who were terminated, six also face decertification as peace officers.

APOA Attorney Confident Officers “Will Get Their Jobs Back”

When asked about the 10 terminations, defense attorney Mike Rains, who also represents the Antioch Police Officers Association (APOA), said, “I am confident they will get their jobs back. There were terminations who were charged criminally and those who sent the text messages. We (his law firm) conflicted out of the criminal cases.”

“Nutt wasn’t involved at all in the text case,” he added.

“Virtually all will get their jobs back,” Rains stated. “Six cases are pending right now for the texting that were terminated that we represent, that I’m confident they’ll get their jobs back.”

“This is a way overreaction for the text messages on their personal cell phones,” the attorney continued. “The guys who just received them or sent the message back that the City thought was not a condemnation, the City claimed Biased-Based Policing. They threw that out in most of these cases, which is ridiculous. That’s based on officers targeting individuals in the community, that they’re going to get them because of their race and wouldn’t consider targeting people of other races.”

Bias-Based Policing is also known as profiling. According to civilrightspolicing.org, is “Profiling is presuming that someone is involved in criminal activity based on who they are rather than what they have done.”

“The City said, ‘you used a bad word we don’t like, that we think is a racist term and we’re going to fire you for them,’” Rains continued. “Amiri and Rombough had texts that were really offensive. But many of them they were sending they were putting out on chains including 15 people. Some of the officers said they weren’t even reading them.”

As previously reported, Mayor Lamar Hernandez-Thorpe called for the firing of all the officers investigated for the text scandal in May 2023 and again the following month. In May 2023, District 1 Councilwoman Tamisha Torres-Waker also called for the immediate firing of “officers involved in the racist texting scandal.”.

Asked if that tcould affect the officers’ efforts to regain their jobs Rains said, “I’ll probably subpoena Thorpe to testify. I may call her, too.”

“The mayor’s comments about the entire department are completely misleading,” he added.

APOA Responds

In response to the information released about the 10 terminated officers, APOA Vice President Sgt. Loren Bledsoe wrote, “We acknowledge the recent developments regarding the disciplinary actions taken against several Antioch officers. As a union, we are committed to upholding the highest standards of professionalism and integrity within our ranks.

It is important to note that the APOA cannot comment on ongoing personnel matters. However, we are pleased to see that the investigation into these incidents has concluded.

Moving forward, our focus will be on rebuilding relationships with the community and restoring public trust. We understand the significance of fostering positive connections between law enforcement and the people we serve. We are dedicated to working collaboratively with community leaders, organizations, and residents to ensure public safety and promote a sense of security for all.

We remain committed to continuous improvement, education, and training within our department. We will strive to create an inclusive and equitable environment that reflects the values and expectations of the diverse Antioch community.”

6 Face Possible Permanent Decertification

Beyond being terminated from their positions, six former Antioch Police officers face possible permanent decertification. According to the California Commission on Police Officers Standards and Training (POST) police officers can face decertification for Serious Misconduct. That is defined by the Commission as follows:

1. Dishonesty relating to the reporting, investigation, or prosecution of a crime, or relating to the reporting of, or investigation of misconduct by, a peace officer.
2. Abuse of power, including, but not limited to, intimidating witnesses, knowingly obtaining a false confession, and knowingly making a false arrest.
3. Physical abuse, including, but not limited to, the excessive or unreasonable use of force.
4. Sexual assault as described in subdivision (b) of Penal Code §832.7, and shall extend to acts committed amongst members of any law enforcement agency.
5. Demonstrating bias on the basis of actual or perceived race, national origin, religion, gender identity or expression, housing status, sexual orientation, mental or physical disability, or other protected status in violation of law or department policy or inconsistent with a peace officer’s obligation to carry out their duties in a fair and unbiased manner.
6. Acts that violate the law and are sufficiently egregious or repeated as to be inconsistent with a peace officer’s obligation to uphold the law or respect the rights of members of the public.
7. Participation in a law enforcement gang.
8. Failure to cooperate with an investigation into potential police misconduct.
9. Failure to intercede when present and observing another officer using force that is clearly beyond that which is necessary, as determined by an objectively reasonable officer under the circumstances.

Five Types of Decertification

The commission publishes the names of any peace officer whose certification is suspended or revoked and the basis for the suspension or revocation. There are five types of decertification:

Ineligible – An individual has been disqualified from eligibility to be a peace officer based on a disqualifying event as set forth in Government Code section 1029.

Revoked – The peace officer has been decertified and may not exercise the duties and powers of a peace officer. A revocation is permanent, and the certification shall not be reactivated.

Voluntary Surrender or Surrender – A person who holds a certificate issued by the commission, knowingly and willingly, returns the certificate to the commission, forfeiting all rights and privileges associated with that certificate. A “surrender” has the same effect of a revocation in that it cannot be reactivated.

Immediate Temporary Suspension or Temporary Suspension – The immediate suspension of a peace officer’s certification, pending the outcome of an investigation related to allegations of serious misconduct, pursuant to Penal Code section 13510.8(d). The “temporary suspension” may be issued under the following circumstances:

• When a peace officer is arrested or indicted for a felony or other crime listed in GC§ 1029,
• When a peace officer is discharged from a law enforcement agency for serious misconduct, or
• When a peace officer has separated from employment as a peace officer during a pending investigation into allegations of serious misconduct.

The temporary suspension remains in effect until either a final determination is made by the Commission or the Executive Director withdraws the “temporary suspension” if a withdrawal is deemed to be warranted

Suspension – a disciplinary action of the Commission wherein a peace officer certification has been suspended for a specified period of time, not to exceed three years. A peace officer whose certification has been suspended may not be assigned duties which include the exercise of peace officer powers.

The six officers have all been fired from their positions with the Antioch Police Department but each of their certifications as police officers are currently under Temporary Suspension as of Monday, June 17, 2024. The list is updated weekly on Monday mornings.

Current APD Sworn Staffing

Interim Antioch Police Chief Brian Addington reported earlier this month to the Police Oversight Commission the names of all the sworn officers currently on the force, including 17 currently on paid leave. As of Monday, June 17, 2024, there are now 76 sworn officers in the department out of 115 in the budget approved by the city council and additional officers will be sworn in next week.

Took jury an hour to find Matthew Nutt not guilty

“Officer Nutt did exactly what he was trained to do and what the law allows him to do in order to control a man wanted for a serious and violent crime,” defense attorney Nicole Pifari

“All the glory to God” – Matthew Nutt

Appealing his termination, City agrees to arbitration

By Allen D. Payton

A year after being terminated then charged with misdemeanor assault during a 2022 traffic stop incident, former Antioch Police officer Matthew Nutt was acquitted by a jury on Thursday, June 13, 2024.

As previously reported, in May 2023, Nutt was terminated from his employment as the result of an internal investigation into his use of force against an individual during a traffic stop on July 1, 2022. During the incident, Mr. Nutt learned the driver of a vehicle stopped for not displaying license plates had an outstanding felony warrant for shooting at an inhabited dwelling or occupied vehicle and conspiracy. Upon placing the individual under arrest, he refused to sit in the back of a police vehicle and displayed physical resistance. Mr. Nutt used force against the arrestee, consisting of a series of punches and kicks, along with knee and elbow strikes.

Nutt was represented by attorney Nicole Pifari, a partner in the Rains Lucia Stern St. Phalle & Silver, PC Legal Defense Group, whose lead partner,  Mike Rains, represents the Antioch Police Officers Association. According to her bio, “She has successfully defended police officers from criminal prosecutions in both state and federal court, and also represents officers around the state facing administrative investigation, disciplinary appeal, or the trauma of involvement in critical incidents.”

Pifari issued the following statement about the acquittal: “Antioch Police Officer Matthew Nutt Found Not Guilty

Today, after one hour of deliberation, a Contra Costa County Jury acquitted former Antioch Police Officer Matthew Nutt at the conclusion of a one-week trial. Nutt was charged with misdemeanor assault after using force while arresting a man for a felony warrant. He was represented at trial by Nicole Pifari of Rains Lucia Stern St. Phalle & Silver, PC.

The call originated with a traffic stop where the passenger in the car had a warrant for two felonies related to a drive by shooting. After being handcuffed, the suspect tried to run, then began to resist, leading to a physical struggle at the door of the patrol car with two officers. At well over 300 pounds, the suspect was overpowering the officers when Nutt used a series of body strikes to gain his compliance. 

“First and foremost, we are incredibly grateful to the jury for their work. I remain perplexed by this criminal filing. In my opinion it was nothing more than a knee-jerk reaction to the video. The prosecution failed to call a single percipient witness with the most glaring omission being their failure to call the shooting suspect. Basically, the prosecution tried to ruin a decorated police officer and veteran’s life without any evidence,” said Pifari. 

“Officer Nutt did exactly what he was trained to do and what the law allows him to do in order to control a man wanted for a serious and violent crime,” Pifari added. 

“All the glory to God,” Nutt added. 

When reached for comment about the acquittal Rains said, “I knew the case. I was talking with Nicole about it, the motions before trial and the way the case was going to be prosecuted by (Chief Contra Costa Assistant District Attorney) Simon O’Connell. I had seen the video and we discussed it.

“I couldn’t believe that Simon thought he could ever get a conviction on this case without even offering up a use of force expert who said the use of force was unreasonable,” Rains continued. “He apparently thought he was going to put the video up there. He called a video guy (to testify) who said he was asked to look at the punches that Nutt delivered to the victim.”

“Nicole appropriately asked the video expert, ‘Were you asked to look at what the alleged victim was doing to prompt the officer to do what he did?’ He said, ‘no, I wasn’t asked to do that’,” Rains stated. “To freeze the frame showing what Officer Nutt did and not freeze a frame showing this guy kicking at the officer and refusing to get into the car was entirely misleading. This is a prosecutor who doesn’t care about showing the truth to the jury and they saw it very clearly.”

“The trial only took a few days. It didn’t take the jury long, only an hour to reach a verdict,” Rains shared. “Thats because Simon O’Connell is such a poor prosecutor.”

“Nicole put Nutt on the witness stand. He’s an honest man. The jury believed what he said, and they came back with a unanimous not guilty verdict” Rains continued. “It was a slam dunk win for the defense and what amounted to a condemnation by the jury of Simon O’Connell, (DA) Diana Becton and the District Attorney’s Office for bringing this case.”

Termination Based on Department Policy, Not the Law

According to the Antioch Police Department, Mr. Nutt’s application of force triggered an automatic review of his body-worn camera footage. The reviewing supervisor had concerns about what was depicted in the video and believed Mr. Nutt may have violated Antioch Police policies governing use of force. The supervisor communicated his concerns through official channels, and an internal review was initiated. Mr. Nutt was placed into an assignment with no direct public contact.

After a thorough investigation, Mr. Nutt was sustained on four (4) use of force policy violations, including using unreasonable force, failure to de-escalate, and failure to use alternative tactics. Chief Steven Ford reviewed the findings of the investigation and terminated Mr. Nutt from his employment with the Antioch Police Department on April 21, 2023.

Asked if Nutt’s termination by the department was included in his prosecution, Rains said, “I don’t believe that came in. The administrative side of the case is not usually brought into a criminal case.”

“It’s not based on a violation of the law but only looks at the department policy,” he continued. “The department standard for discipline would be the mere preponderance of the evidence. Understand, a jury can only convict on a crime beyond a reasonable doubt. So, it’s a different standard.”

“The only reason Matthew Nutt was terminated is because it was in the heyday of the text scandal and I know there was immense pressure on Chief Ford,” Rains stated. “I don’t think he wanted to terminate this young man.”

Termination Appealed Will Go to Arbitration With City

“We’ve appealed his termination and have agreed to go to arbitration,” he added.

Asked when that will occur, Rains said, “We don’t have it scheduled yet. We were waiting for the criminal case to end.”

UPDATE: DA’s Office Responds

In response the DA’s Office PIO, Asregadoo wrote, “Though the verdict was not in our favor, we acknowledge the importance of a jury trial in ensuring a fair and impartial legal process.”

June is Elder Abuse Awareness Month; June 15th is World Elder Abuse Awareness Day

Deadline to register: June 13 at 8:30 AM

By Susan Kim, Executive Director, Family Justice Center

Did you know…One in ten Americans aged 60 or older experiences some form of elder abuse? Elders who have been abused are 300% more likely to die than their peers.

Emily Milstein, Staff Attorney for Contra Costa Senior Legal Services, will provide training on Elder Abuse Signs and Legal Remedies during a virtual workshop training on Friday, June 14, 2024, from 10:00-11:30 AM.

The Contra Costa Elder Abuse Prevention Project (EAPP) prevents and combats elder abuse through an active community network that raises awareness and coordinates services. 

Visit cocoelderjustice.org for more information about EAPP.

To register for the training click, here.

Guadalupe Zavala caused 6-hour stand-off ending in his death while unarmed

CA DOJ “commends APD” for manner in which they handled situation

Son later sued City of Antioch

CA Attorney General issues “policy and practices recommendations”

By California Department of Justice

OAKLAND – California Attorney General Rob Bonta, pursuant to Assembly Bill 1506 (AB 1506), today, Friday, May 24, 2024, released a report on Guadalupe Zavala’s death from an officer-involved shooting involving the Antioch Police Department in Antioch, California on December 10, 2021. The report is part of the California Department of Justice’s (DOJ) ongoing efforts to provide transparency and accountability in law enforcement practices. The report provides a detailed analysis of the incident and outlines DOJ’s findings. After a thorough investigation, DOJ concluded that criminal charges were not appropriate in this case. However, DOJ recognizes the important lessons to be learned from this incident. As required by AB 1506, the Attorney General has issued specific policy and practice recommendations related to the incident. 

“Loss of life is always a tragedy,” said Attorney General Bonta. “AB 1506 is a critical transparency and accountability tool, and our hope for this report is to provide some understanding and aid in advancing towards a safer California for all. The California Department of Justice remains steadfast in our commitment to working together with all law enforcement partners to ensure an unbiased, transparent, and accountable legal system for every resident of California.”

On December 10, 2021, Antioch Police Department responded to multiple calls regarding a man who was barricaded in his home with a rifle after shooting at neighboring homes and vehicles. A standoff lasting more than six hours ensued, during which Mr. Zavala fired multiple rounds from various locations towards law enforcement personnel, vehicles, and nearby residences. De-escalation measures, communications from the crisis negotiations team, and attempts to coerce Mr. Zavala from his residence were unsuccessful. At one point, Mr. Zavala exited his front door carrying what appeared to be a “full AR-15 style rifle.” Two snipers with the Antioch Police Department each fired one round hitting Mr. Zavala, causing him to fall back. However, because Mr. Zavala was wearing body armor, he was able to regain his footing and moved back inside the residence. Later, a fire started in Mr. Zavala’s home, and he ran out and took cover in his backyard. When law enforcement knocked down the fence of Mr. Zavala’s yard with an armored vehicle, Mr. Zavala ran towards the armored vehicle and was fatally shot.

Zavala’s son, Diego Zavala, joined in a 2023 federal lawsuit against the City of Antioch and six Antioch Police officers. (See related articles here, here and here)

Under AB 1506, which requires DOJ to investigate all incidents of officer-involved shootings resulting in the death of an unarmed civilian in the state. DOJ conducted a thorough investigation into this incident and concluded that the evidence does not show, beyond a reasonable doubt, that the officers involved did not act in lawful self-defense or defense of others. Therefore, there is insufficient evidence to support a criminal prosecution of the officers. As such, no further action will be taken in this case.

CA DOJ “Commends APD” for How They Handled Situation

In addition, the report shows the California DOJ Police Practices Section conducted a supplemental review of the information and “PPS commends APD for the manner in which they handled this volatile, dangerous situation, coordinating with neighboring agencies, exploring less-lethal options, and rapidly deploying the SWAT and CNT teams to the incident to attempt to achieve a peaceful surrender.”

CA DOJ Recommendations

As part of its investigation, DOJ has identified several policy recommendations that it believes will help prevent similar incidents from occurring in the future. These recommendations include:

COMMUNICATION

Antioch Police Department should ensure that officers are equipped with effective communications devices that can operate in the hilly areas covered by their department. Antioch Police Department can seek additional coverage or upgrades through their department-issued cell phone or radio carriers or, if that is impracticable or not feasible, examine whether there are other cell phone carriers or radio channels that would work in all areas they serve. 

COMMUNICATION BETWEEN AGENCIES

Antioch Police Department should ensure that their officers can effectively and efficiently communicate with officers from other agencies in future incidents by setting up regional radio channel systems for interagency communication.

See CA DOJ Antioch Police Policy and Practice Recommendations.

Emails were sent early Friday afternoon to Acting Antioch Police Chief Brian Addington, Antioch Police Officers Association leaders and their attorney, Mike Rains for comment on the report, as well as City Attorney Thomas L. Smith, Addington and Rains with questions regarding the 2023 lawsuit that included Zavala’s son. The efforts were unsuccessful prior to publication time.

UPDATE: Rains responded early Friday evening saying, “That was good news from the DOJ. I think the findings were appropriate. The DOJ does a very good job, in my opinion, in these 1506 cases analyzing the facts and clearing the officers of any wrongdoing. I also see the PPS commends the department for de-escalation.”

About the lawsuit he said, “I don’t know on the civil side if the lawsuit is settled or not,” as Rains’ firm does not represent former officer Eric Rombough.

“We represented the officers in the 1506 case, including Duggar and Chang, who were the two primary officers who fired their weapons and were part of the DOJ investigation,” Rains added.

A copy of the complete CA Attorney General’s report can be found here.

Please check back later for any updates to this report.

Allen D. Payton contributed to this report.

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.