To be honored at annual Hall of Fame Gala October 1st

By Antioch Sports Legends

Deer Valley High School Track & Field Coach, Bernard Stephens, has been selected Antioch Sports Legends, Class of 2022 Outstanding Coach.

Bernard’s teams won nine Girls’ NCS Tri Valley Championships he was awarded the California Coaches Association, Girls Track and Field Coach of the Year in 2014. Read his Bio below.

Join Bernard at his induction, at the 2022 Hall of Fame Gala. October 1st at Lone Tree Golf & Event Center. For TICKETS call Antioch Sports Legends 925 238 0565 or Louie Rocha Program Coordinator 925 522 1007, TICKETS are $85.00.

Bernard Stephens Bio

Bernard Stephens, this year’s Outstanding Coach Inductee became the Head Track and Field coach at Deer Valley High School in 2000. Arriving with 24 years of prior coaching experience he immediately began to change the culture and expectations of what it meant to be a Deer Valley track and field athlete.

For the next 16 years Bernard would guide both the boys’ and girls’ programs to heights never before achieved sending 60 athletes to the California State Track and Field Championships. During a remarkable span from 2007 to 2015 one girls’ team would finish seventh and 19 athletes and relay teams would place and score points for the Wolverines in the State Finals. That included triple jump champion, Hammed Suleman and three runners up, Chizoba Okodogbe and Briana Guillory in the 400 meters along with his 2015 girls 4×400 meter relay team. Suleman, Okodogbe and Guillory would each go on to become multiple-time College All-Americans at CAL, Oregon, and Iowa respectively.

The single most remarkable State Meet performance by one of Bernard’s athletes may have been turned in by Taiwan Jones who in 2007 placed in both the 100, 200 and both relays. Only one of two NCS male athletes ever to place in all 4 events they entered.

Stephen’s teams won nine Girls’ NCS Tri Valley Championships. He was voted Contra Costa Times Girls Coach of the Year in 2005 and 2012, North Coast Section Honors Coach in 2010 and received the California Coaches Association, Girls Track and Field Coach of the Year in 2014.

Beyond the athletic honors and championships Bernard Stephens worked to create a safe and caring environment for his athletes. He taught young men and women the importance of sportsmanship and quality work habits while instilling in them the competitive drive to be the best they can be both on the track and in the classroom.

The Antioch Sports Legends wing is part of the Antioch Historical Museum located at 1500 W. 4th Street.

 

While executive director at now-defunct healthcare district for $350K; he denies accusations

Mayor Pro Tem Barbanica , Councilwoman Ogorchock call for his resignation; Councilwoman Wilson says that’s “racially divisive grandstanding”, Ogorchock responds

By Allen D. Payton

On Tuesday, Sept. 13, 2022, the Contra Costa County Board of Supervisors voted unanimously to settle claims against Antioch Mayor Lamar Thorpe by two former female employees for $350,000 from when he was executive director of the now-defunct Los Medanos Community Healthcare District. Then in a press conference held Thursday afternoon, Mayor Pro Tem Mike Barbanica and District 3 Councilwoman Lori Ogorchock called for Thorpe to resign as mayor.

The healthcare district was disbanded, earlier this year, the county acts as the successor agency and now, receives the annual revenue estimated at $1.1 million. (See related article)

The women, whose names were provided in the documents as Bay Point resident Jasmine Cisneros and Antioch resident Jocelyn Munoz, filed their claims on February 22, 2022. The two made multiple accusations against Thorpe both on formal government forms and in a resignation letter from Munoz to healthcare district board president, Patt Young, including inappropriate touching and an incident of groping Cisneros while at a California Special Districts Association conference in Monterey.

Formal Claims

Cisneros claimed she worked for the healthcare district “as a Community Outreach Specialist from approximately early 2020 to November 4, 2021, when she was forced to resign her employment. Ms. Cisneros resigned due to sexual harassment, unwanted sexual advances, hostile working conditions, and other unlawful actions resulting from Executive Director Lamar Thorpe’s misconduct, and the District’s inaction, despite having knowledge of that misconduct. Ms. Cisneros has been injured as a result of Thorpe’s misconduct and the District’s inaction. Thorpe’s unwanted sexual advances, harassment, and other unlawful behavior continued until Ms. Cisneros resigned. Ms. Cisneros was forced to resign her employment as a result of Thorpe’s misconduct and the District’s inaction and has been harmed economically in the form of lost wages and emotional distress damages.” Cisneros.LMCHD Claim redacted

Munoz claims she worked for the district “for approximately eight months, from early 2021 to September 2, 2021, when she was forced to resign her position. Ms. Munoz’s [sic] resigned due to sexual harassment, unwanted sexual advances, hostile working conditions, and other unlawful actions resulting from Executive Director Lamar Thorpe’s misconduct, and the District’s inaction, despite having knowledge of that misconduct. See Exhibit A (Resignation letter). Thorpe’s unwanted sexual advances, harassment, and other unlawful behavior continued until Ms. Munoz resigned on September 2, 2021. Ms. Munoz has been injured as a result of Thorpe’s misconduct and the District’s inaction. Moreover, Ms. Munoz was forced to resign her employment as a result of Thorpe’s misconduct and the District’s inaction and has been harmed economically in the form of lost wages and emotional distress damages.” Munoz.LMCHD Claim & Letter redacted

Both claims show the amount of compensation sought “Exceeds $10,000”.

Munoz’s Resignation Letter Provides Details

In her resignation letter dated Sept. 3, 2021, Munoz provided details of two incidents involving Thorpe, including one at an Antioch restaurant and another during the conference in Monterey at which both ladies, one of their partners and Thorpe stayed the night in a hotel. The letter also mentions “many levels of harassment and very high levels of hostile working conditions from board members and management. LMCHD has a culture of disrespect, bullying and harassment,” including “board members berating staff during public meetings”.

“In the season of the AB 903 celebration in early July 2021, my partner and I met with the executive director for LMCHD, Lamar Thorpe at La Plazuela in Antioch, CA to socialize and celebrate the win,” she wrote. “While we were seated, Lamar came between my partner and I, looked down at my leg and grabbed my leg; specifically my calf. While still holding my calf, he acknowledged the act and said, ‘this is sexual harassment, should I stop’ and let go. In that same instance, my partner and I agreed to his statement and said, ‘yeah what are you doing?!’ Being fearful of my job, status and Lamars [sic] social status as Mayor of Antioch and executive director I felt his simple acknowledgement was sufficient and I physically moved on, but mentally I still felt trapped.”

“Following the traumatizing experience, I witnessed another horrifying act on August 30, 2021 at the CSDA conference where I saw Lamar inappropriately grope my colleague when we (my partner, my colleague and executive director) were out socializing and walking back to our hotel,” her letter continued. “Immediately following the grope, my colleague got my undivided attention, looked me in the eyes and said, ‘PLEASE walk me back to my room’. My partner and I escorted my colleague to her room, and Lamar opened his hotel room door to check on us and gave us a sinister look. At that moment, my partner and I left to our hotel room.”

“The next day on August 31, 2021 my colleague, my partner and I went to lunch and were discussing what other seminars to attend, that’s where Lamar joked about attending the ‘sexual harassment training and prevention’ and also joked about the inappropriate grope that happened the night before,” Munoz wrote. “Later that evening of August 31, 2021 my colleague, my partner and I were having dinner and Lamar texted us ‘are y’all coming to this reception?’ referring to the conference networking mix and mingle. We did not respond and saw Lamar walk by our table and he ignored us. A few minutes later Lamar approached our table and said ‘hey haters!’ and made two inappropriate hand gestures, showing his middle fingers and walked away.”

On the “evening of September 1, 2021 Lamar texted my colleague and I ‘yo, ya’ll wanna go to Rolando’s house’. I politely declined, and then I heard a knock at my hotel room door. I did not answer fearing that it was Lamar. A few seconds later Lamar called and asked if I was in my room, confirming that the knock was him. He requested to meet with me to have a discussion,” the letter continued. “During the discussion he acknowledged the level of discomfort that he was feeling about the conversation and also stated that he didn’t want to have it. He opened with ‘are we cool?’ At that moment I felt cornered, trapped, triggered and manipulated into having to relive the events that happened on Monday night. The conversation went on for 15 minutes to which he was trying to get a temperature check on the situation at hand. At the end of the conversation, he asked what he could do to make things better. We met up with my partner inside the restaurant where he then approached my partner apologized to him, shook his hand and excused himself.”

“The final day, September 2, 2021 as we were all exiting the conferenced, I approached Lamar…he then proceeded to walk with me and said, ‘you still don’t seem ok’ referring to the events from Monday and the conversation we had the night before…I quickly made an excuse to try to avoid anymore discussion regarding Monday night, but that didn’t help and I ended the conversation by stating I wouldn’t be comfortable with anymore continued unwanted advances,” Munoz added.

“I hope this reveals the level of unprofessionalism at LMCHD, and I hope that this matter gets resolved in the best and most appropriate way. These past events have severely hindered my efficiency at work, my mental health and I don’t know how I can support LMCHD as an employee,” the letter concluded.

No Admissions in Settlement Agreement

The settlement agreement signed in August by the two women and a representative of the county’s Risk Management, includes a “No Admissions” clause. That reads, “It is understood and agreed by the PARTIES that the promises and payments and consideration of this Agreement shall not be construed to be an admission of any liability or obligation by any Party to another Party, the District, the County, Thorpe, or any other person, and the Releasees expressly deny that they have breached any duty, obligation or agreement, or engaged in any tortious or wrongful activity, or that they are liable to the Claimants or any other person or party in any way, or that any injuries, damages or harms of any kind have been sustained by the Claimants.” Los Medanos – Cisneros-Munoz – Fully executed Settlement Agreement (08-23-2022)

Supervisors Explain Their Votes

Each of the county supervisors were asked why they voted to settle the claims. Board Chair Karen Mitchoff responded via email writing, “An independent investigation was performed and concluded it was likely the plaintiffs would prevail in litigation.  As with all such claims, the Board was presented with this information, discussed the matter and concluded it was best to settle the matter, thus saving litigation costs and a potentially higher jury award.”

Both Districts 2 and 3 Supervisors Candace Andersen and Diane Burgis issued the same response, writing, “the insurance carrier for the former Los Medanos Community Healthcare District, RSUI Group Inc, handled this case and provided counsel to defend the claims against the former District.  Following a mediation session among the parties, a settlement was reached. The Board of Supervisors approved the settlement solely in its capacity as the successor agency to the District. As the successor agency, the County was required to assume all liabilities of the former District, including the claims filed against the District.”

“I really don’t have any additional comments about the specifics of the case,” Andersen added.

Neither Supervisors John Gioia (District 1) nor Federal Glover (District 5) who represents portions of Antioch, responded prior to publication time.

Past Accusation Against Thorpe for Sexual Misconduct

It’s not the first time a woman has accused Thorpe of inappropriate sexual activity. As previously reported, while in college, Thorpe was found guilty of disorderly conduct for “lewd and indecent behavior” against a female student by Student Judicial Services at George Washington University, but he was acquitted of sexual harassment. Thorpe later lost an appeal to overturn the disorderly conduct charge. He has denied the incident ever occurred. In 2016, this reporter chose to believe him, and the Herald endorsed him for city council. (See related articles here and here)

Barbanica, Ogorchock Call for Thorpe’s Resignation

During a press conference held Thursday afternoon, at Barbanica’s business office, he and Ogorchock called for Thorpe’s resignation. The mayor pro tem said he had sent a letter to Thorpe earlier in the day asking him to resign but had not yet heard back.

“This is a distraction for our city. We have a city of 114,000 people and the council has very serious business to do, yet we are sidetracked in these meetings by these types of issues,” Barbanica stated. “I do not believe that the behavior that is suspected, not convicted, but suspected, here is not indicative of a leader within our community; our council and our mayor should be held to a higher standard.”

He should “step aside, resign and allow the council to move forward. That’s what we’re asking him to do,” he added.

Asked if they had read the documents, Ogorchock responded, “I did. I read them all, from their statements, the filings, their release.”

“As did I,” Barbanica added.

Asked for their analysis of what they read he said, “Very concerning.”

Ogorchock responded, “As a woman I felt, that’s why I’m asking for his resignation. This is inexcusable. We can’t behave in this manner and be in a leadership position. You just can’t do that.”

“I’m very disappointed in what I read…in the court documents,” Barbanica later said. “This is not what the citizens want in a leader.”

Questions for Thorpe Go Unanswered, Denies Allegations

Thorpe was asked Friday morning to respond to both the settlement and the calls for his resignation. He was also asked if anything included in the complaints from your two former female employees, true, if they both worked directly for him and how many employees worked at the district when he was executive director.

Thorpe was also asked if he had found a new job and what he is doing for work. He was also asked about a severance that he and the other district employees were each provided, and how long did or will it last.

Finally, Thorpe was asked if he hired the two women, approved their hiring or compensation, or involved in any way in their hiring process and if so, how.

He did not respond as of publication time Friday afternoon. However, according to an East Bay Times report, on Thursday, Thorpe issued a statement denying the allegations.

“I am wholeheartedly heart-broken by these allegations, as they are completely false. When I served as the executive director of the Los Medanos Community Healthcare District (LMCHD), I worked to create an environment that gave opportunities to members of our community that were historically marginalized, as I have always sought to make change through empowerment.

“As the members of my team at the LMCHD can attest, the environment that I created was one of positivity and respect. Although saddened by the allegations, I will not be making any comment about the individuals involved, as I want to continue believing in the good in people, and not allow for this moment to shut down my spirit of community.”

Former Board Chair Patt Young Found Allegations Against Thorpe “Unfounded”

When reached for comment about the allegations against Thorpe, former LMCHD Board Chair Patt Young, now a member of the Contra Costa Water District board, said, “I actually, reviewed the allegations, and it just wasn’t credible. He had and has my full support. I found the allegations to be unfounded.”

Asked what she did when she received Munoz’s letter in September, Young responded, “I forwarded, I always forward to our legal counsel. It had to go there, first.”

When asked if she was at the CSDA conference where one of the incidents is alleged to have occurred, Young said, “I was, but I wasn’t with them that evening.”

Asked if she or anyone from the board reached out to the two women, Young stated, “we couldn’t. It would be a violation of the law.”

Efforts to reach both Cisneros and Munoz for responses to the denials by Thorpe and Young were unsuccessful prior to publication time.

Wilson Labels Calls for Resignation “Racially Divisive Grandstanding”

In that same Times article, District 4 Councilwoman Monica Wilson claimed calls for Thorpe’s resignation by Barbanica and Ogorchock to be “racially divisive grandstanding”. Ogorchock is one of Wilson’s three challengers in this year’s council election, after Wilson, Thorpe and District 1 Councilwoman Tamisha Torres-Walker drew and then approved a gerrymandered redistricting map, moving Ogorchock into District 4. (See related article)

Ogorchock Responds to Wilson’s Comments

In a post on her official Facebook page Friday morning, Ogorchock wrote, “After reading remarks made by Councilwoman Wilson in response to the press conference held yesterday with Mayor Pro Tem Barbanica and myself requesting Mayor Thorpe to resign appear to be a deflection of the real issues.

Councilwoman Wilson is ignoring that two women presented valid claims of sexual harassment, unwanted sexual advances, hostile working conditions and other unlawful actions. The real issue is the detailed actions of Mayor Thorpe as outlined by the two women under his direction as the executive director.

In speaking with County Supervisor Mitchoff this morning she said, and I quote “after the completion of the investigation and based on credible facts we settled the case”. The county, who took control of the defunct healthcare district, settled the case for $350k.

I stand by my statements made yesterday, and believe that Mayor Thorpe should resign.”

Former Councilwoman Supports Thorpe’s Resignation

“He ought to step down. Enough is enough. First drunk driving, arrested for that. Now, this. Come on. We deserve better in the city of Antioch. Get out,” stated former Antioch Councilwoman Norma Hernandez. “I’m very suspicious of all these allegations that have happened, way in the past and now, if they are true, and this is the mayor representing all of us in the city of Antioch.”

Please check back later for any updates to this report.

 

By Darryl Saffold, PIO, Antioch Police Department

Thursday morning, Sept. 15, 2022, your officers partnered with the Pittsburg Police Department, Safe Streets, and County Probation to execute multiple search warrants that resulted in several arrests.

As a result, the team confiscated six loaded pistols, two of which were unserialized (also known as “ghost guns”). Additionally, a large bag with hundreds of rounds of ammunition, three loaded high-capacity magazines, and narcotics intended for drug sales was seized by the team.
All arrested individuals were taken to county jail and booked for numerous felony charges.

The Antioch Police Department is proud and grateful to partner with other agencies to help protect our community. Special thanks to the Pittsburg PD, county Probation Department, and Safe Streets for making our streets a little safer.

Neither will say why; contributed $500 to Becton’s re-election campaign last year

Councilwoman blames police, claiming “my family and I have gone through a hell… we feared for our safety from the very people who on some level we trust to protect us from harm.”

“Antioch police officers are not targeting Councilwoman Torres-Walker.” – Rick Hoffman, President, APOA

Council candidates Motts, Gibson-Gray support release of body cam video; police dep’t, city attorney continue to stonewall release claiming it’s “privileged”

By Allen D. Payton

The Contra Costa District Attorney’s Office confirmed on Thursday, Sept. 1 that the charge against Antioch District 1 Councilwoman Tamisha Torres-Walker for interfering with police outside her home on October 3, 2021, had been dropped in August. Neither DA Diana Becton nor Torres-Walker will say why.

Asked about the decision, CCDA Public Information Officer Ted Asregadoo simply responded, “The misdemeanor case against Tamisha Torres-Walker was dismissed on 8/8/2022 in the Interest of Justice or Furtherance of Justice (PC 1385). The DA’s Office isn’t commenting on the reason for the dismissal.”

According to reports, police were dispatched to Torres-Walker’s Antioch home shortly after midnight Saturday night, following calls to APD of noise complaints including dirt bikes riding in the street, loud music and gunshots. When officers arrived multiple shell casings were found in front of her home, she emerged from the house, appeared intoxicated, confronted and berated the officers, and interfered in their investigation, including taking the papers of a woman to whom they were speaking to at the scene, from one of the officer’s hand.

The official statements from the Antioch Police following a Public Records Act request by the Herald on Nov. 8, 2021, read, “Officers responded to the 500 block of Gary Ave on October 3, 2021 at 0027 hours, for a report of a loud party and shots heard, in the area.  There were no victims, no injuries, and no property loss determined at the time of officers’ arrival.  As mentioned, this is an open and continuing investigation at this time.”

Torres-Walker was later pressured by Mayor Lamar Thorpe and fellow council members to resign from her position as chair of the council’s Police Oversight Committee. There were also calls by Mayor Pro Tem Mike Barbanica and others for her to resign from the city council. Torres-Walker chose to do the former and remain on the council. (See related articles here and here)

Then, in a response to a second request in March 2022, Antioch Police Captain Trevor Schnitzius wrote, “the requested records are statutorily exempt from disclosure, at this time” due to the ongoing investigation. But he further wrote, “the public interest served by not disclosing clearly outweighs the public interest served by disclosure of the record.” APD response to T Torres-Walker video PRA 032822

Torres-Walker Claims She and Family “Feared” Antioch Police

Last year, Torres-Walker contributed $500 to DA Diana Becton’s re-election campaign. In another, recent news report she was quoted as saying Antioch Police were targeting her family. Then, on Friday, September 9, 2022, Torres-Walker posted comments on her official Facebook page further attempting to turn on the police both the Oct. 3, 2021 incident at her home and the previous Dec. 2020 incident with her sons, for which she’s being sued by the two APD officers who were involved. (See related article)

“It took me some time to respond to residents and the press because I want to be sensitive to the challenges our police department faces related to multiple outside investigations. I also needed time to reflect with my family and reaffirm my commitment to reimagining public safety here at home in Antioch,” Torres-Walker wrote. “I moved to Antioch more than 8 years ago and even then the silence coming from CITY HALL related to police misconduct and use of force was deafening. It wasn’t till May of 2020 that residents of Antioch some of whom for years have been crying out for help even heard a peep.

This is why one of my first tasks as a newly elected leader was to get straight to work fighting for a police oversight body to foster transparency and accountability as it relates to policing serves. I worked tirelessly on the Council to establish the new department of public safety and community resources.

For the last several months, my family and I have gone through a hell that I wouldn’t wish on anyone’s family, as we feared for our safety from the very people who on some level we trust to protect us from harm.

What is even more appalling is the fact that what I went through is exactly what I hear from many of our residents daily.

We cannot expect Antioch to be its very best when large segments of our population are afraid to speak out.

I finally can leave a series of sad unfortunate incidents behind me and continue working to create an Antioch where everyone feels safe.

Despite what some try to say about me, I fully support public safety measures that meet the needs of all our residents.

Antioch is no longer a small sundown town. We are the second most diverse City in the Bay Area and we deserve policing services that reflect that diversity.

To our residents, I will not stop working until everyone feels safe not just from state-sanctioned violence but from community-based violence as well.

Leadership focused on people and solutions, not just the fight.”

Police Body Cam Video Again Requested from Antioch Police, City Attorney

On Saturday, September 10, 2022, another request to the Antioch Police Department for release of the police body camera footage was made. Interim Police Chief Steve Ford, copying Captains Tony Morefield and Trevor Schnitzius, and City Attorney Thomas L. Smith, was asked, “now that the charges against Councilwoman Torres-Walker for the incident at her home on Oct. 3, 2021, have been dropped by the DA’s office and the investigation has concluded, will you release the officer(s) body dash camera footage of the incident?”

Questions for Torres-Walker Go Unanswered

In addition, Torres-Walker was sent questions on Saturday, Sept. 10 asking, “Are your comments in response to the DA’s Office dropping the charges against you of interfering with police during the Oct. 3, 2021 incident outside your home, as well as the charges against both your sons being dropped in the Dec. 2020 dirt bike chase and traffic stop incident?

Regarding the Oct. 2021 incident, do you know why the charges were dropped? Did anyone at the DA’s Office give you their reason?

What is your side of the story of what occurred that night? Did you grab something from the officer’s hand and interfere with that officer’s questioning of another person? Were you inebriated at the time as has been reported? Do you believe you did anything wrong? If so, will you apologize to both the police officer(s), the department and the public? If not, if you don’t believe you did anything wrong, why did you resign as chair from the council’s Police​ Oversight Committee?

Do you really believe you and your family have been targeted by Antioch Police officers and that they knew who your sons were during the dirt bike chase and traffic stop incident in Dec. 2020 and in responding to gunshots outside your home and noise complaints during the Oct. 2021 incident?

Do you know if either or both of the incidents involved any of the officers that are currently under investigation by the FBI and DA’s Office?

For the purpose of transparency do you support the release of the police officer(s) body camera video footage of the​ Oct. 2021 incident in front of your home?”

The incumbent councilwoman did not respond by publication time.

Questions for Police Officers Association President

In response to Torres-Walker’s latest Facebook comments, questions were also sent to Antioch Police Officers Association (APOA) President Rick Hoffman asking the following: “Have Antioch officers been targeting the councilwoman and her family members?

Did the officers who pursued her sons riding on their dirt bikes on city streets in Dec. 2020 and pulled over the younger one, know they were Torres-Walker’s sons while in pursuit of them?

Did the officer or officers who responded to the incident in Oct. 2021 do so because they knew it was her house before they arrived and if so, is that why they went there?

Does your organization support the release of the body camera video footage from that incident?

Are the two officers, Andrea Rodriguez and Calvin Prieto, who are suing the City and Torres-Walker still on medical leave?

Are either they or any of the officers involved in the Oct. 2021 incident part of those under investigation by the FBI and DA’s Office?

Do you have any additional comments regarding the councilwoman’s latest comments posted on Facebook?”

APOA President Hoffman Responds

APOA President Rick Hoffman responded, “No, Antioch police officers are not targeting Councilwoman Torres-Walker. To do so would not only be foolish, but illegal and would be condemned by the APOA.

To the best of my knowledge, the officers involved in the pursuit of Councilwoman Torres’ sons did not know they were her sons while they were in pursuit of them.

I can say that the officers involved in the response to Councilwoman Torres’ home were responding to a call for service. They were not targeting her or her home.

The APOA supports accountability and transparency for all members of city government. This would include members of the APOA as well as city leaders. APOA members were excited to have finally been given body worn cameras and are eager for the public to see the good work that we do. The APOA would fully support the release of the bodycam footage during the incident at Councilwoman Torres-Walker’s home as we believe it would be important to further the discussion of transparency and accountability.

To the best of my knowledge, Officers Rodriguez and Prieto have been on medical leave since late last year.

I cannot comment on whether or not any officers involved in the FBI investigation responded to Councilwoman Torres-Walker’s home in October 2021. I do not have information as to the extent of that investigation however, I believe that the release of the body camera footage will show all the officers involved and their conduct.

I do not have any comments on Councilwoman Torres’ post. I would only like to reiterate that the APOA is eager to have a good working relationship with all city officials, including Councilwoman Torres-Walker, and hope to better open up the lines of communication so we can work together in the future.”

Both Challengers Also Support Release of Police Video

Both of Torres-Walker’s challengers in the November election, Joy Motts and Diane Gibson-Gray, support the release of the police body camera video of the incident at the District 1 councilwoman’s home in Oct. 2021.

“We’ve gone through all this legislation for transparency and accountability for civilians and our police department. I just don’t understand why that information is not available in particular situations,” Motts said. “I asked for body cams before I left council. Nobody supported it, then. This is all part of the reformations of holding our police to higher standards.”

“I think it’s a privilege to be on council and you have to hold yourself to the highest standards and accountability,” she continued. “The truth is it’s inconvenient right now. That’s how it appears to me. There’s just not equity, truth and accountability.”

“If nothing went wrong, if the body cam footage substantiates dropping the charges, then why not make it available?” Motts asked.

“I would like to know from the city attorney is transparency discretionary and who gets to make that decision,” she added.

When asked about the video camera footage Gibson-Gray said, “I’ve requested it myself and was denied. It’s basically not available to the public. I’m naturally for it.”

Antioch Police Admit to Having Video, Won’t Release Claiming It’s “Privileged”

On Monday afternoon, Sept. 12, the Antioch Police Department’s Police Records Supervisor Amanda Nelson issued, on Interim Chief Ford’s letterhead, the response to the Herald’s request for release of the video included the following reasons for denying the request: “Consistent with its obligation under the CPRA (California Public Records Act), the City advises it has conducted a reasonable search and determined that we possess identifiable records that fall within the scope of your request. The City further advises that it has determined that the requested records are statutorily exempt from disclosure pursuant to: (1) Government Code (section) 6254(a), as “[p]reliminary drafts, notes, or interagency or intra-agency memoranda that are not retained by the public agency in the ordinary course of business”; (2) Government Code (section) 6254(f), as “[r]ecords of complaints to, or investigations conducted by, … any state or local police agency, or any investigatory or security files compiled by any other state or local police agency’; (3) Government Code (section) 6254(k), as “[r]ecords, the disclosure of which is exempted or prohibited pursuant to federal or state law, including, but not limited to, provisions of the Evidence Code relating to privilege,” because the records are privileged under the attorney-client privilege, the attorney work product privilege and/or the deliberative process privilege, the closed session privilege; and (4) Government Code sections 6254.3 and 6254.21 as home address, telephone number, and birth dates of public employees/elected or appointed officials.” APD response to T Torres-Walker video PRA 091222

However, the letter then reads, “Consistent with its obligation under the CPRA, the City provides the following information: 10/3/21 12:27 am at *** Gary Ave. Reports of a loud party in the area and 5-6 shots heard.”

It ends with, “The following person is responsible for this determination after consult with the office of the City Attorney: AMANDA NELSON, POLICE RECORDS SUPERVISOR.”

Additional Questions for Interim Police Chief, City Attorney

Additional questions were then sent to Ford, Smith, copying Morefield, Schnitzius and Nelson asking, “Instead of leaving the​ decision up to a lower-level staffer, such as the Police Records Supervisor to determine what will and won’t be released, thus playing the Pontius Pilate game of washing your hands of it, why don’t you make the leadership decision and release the video which you know is the​ right thing to do for the purpose of transparency for the​ benefit of the public you claim you want the Antioch Police Department to serve and to avoid the appearance of both showing favoritism to a sitting council member facing re-election and a cover up, both coordinated with the Contra Costa District Attorney’s Office?

Why did on one hand the APD inform me, previously in Nov. 2021, they couldn’t release the video due to the ongoing investigation, then in March 2022, Captain Schnitzius wrote, ‘the requested records are statutorily exempt from disclosure, at this time’. But he further wrote, ‘the public interest served by not disclosing clearly outweighs the public interest served by disclosure of the record’, yet now, after the investigation is over and the charges have been dropped, the reason is conveniently changed to continue to conceal from the public what they have a right to see and know? How does not disclosing the video clearly outweigh the public interest in disclosing it? Isn’t just the opposite?

Instead of hiding behind what you’ve determined is ‘statutorily exempt’ why not simply release the video and let the public decide whether or not they think either the councilwoman or the officer(s) acted appropriately?

What is the point of having police officer body cameras if the videos are rarely if ever released since only one has been, so far in over a year of operating them?

How are the records ‘privileged under attorney-client privilege’, ‘attorney work product privilege’, ‘the deliberative process privilege’ or a ‘closed session privilege’ by any means since the city attorney did and does not represent Councilwoman Torres-Walker in this incident which occurred at her private residence and her actions were outside of her official duties, and aren’t a matter of closed session? Who is it that is participating in the so-called ‘deliberative process’ preventing you from releasing the video?

Ford and Smith were also asked, “are you claiming the video footage from Antioch Police officer body cameras aren’t retained? Or are you claiming they’re not part of “the ordinary course of business” when they’re supposedly automatically deployed whenever an officer leaves his patrol vehicle?”

Additional Public Records Act Requests Made

Another Public Records Act request was then made on Monday night, Sept. 12, 2022, of any and all reports by any and all Antioch Police officers who responded to any and all calls for service at Tamisha Torrs-Walker’s home (at *** Gary Avenue in Antioch, California) on Oct. 3, 2021.

Then due to reports that there have been multiple police calls for service at the councilwoman’s Antioch home, a separate Public Records Act was made Monday night, for the same type of aforementioned reports for any other Antioch Police call for service at any other time at Tamisha Torres-Walker’s current or any other, previous Antioch home(s) from Jan. 1, 2020, through today.

The department has 10 days to respond and can delay their response by up to another 14 days.

Please check back later for any updates to this report including responses from Torres-Walker, Ford or Smith.

Note: Torres-Walker’s home address was intentionally not included in this article and redacted in the letter from APD by the Herald.

17 warrants served, 10,451 unlicensed indoor cannabis plants, $23,355 in cash, six guns confiscated during two-day, multi-agency effort

By Darryl Saffold, Public Information Officer, Antioch Police Department

On Wed., August 31 and Wed., September 7, 2022, the Antioch Police Department assisted the California Department of Cannabis Control (DCC) with the service of several search warrants related to unlicensed indoor cannabis cultivations.

According to residents who witnessed the police action said several homes on Sanger Peak Way, Vallecito Way and Forty Niner Way were included, some red tagged with the message “Unsafe to Occupy” and some had their garage doors removed. (See photos, below)

With the assistance of the California Department of Fish and Wildlife, the Drug Enforcement Agency, and Antioch Code Enforcement, approximately 10,451 unlicensed indoor cannabis plants were seized with an estimated value of $7.3 million. Additionally, $23,355 in cash was asset seized as well as six firearms were confiscated during the 17 warrants that were served throughout the city of Antioch.

The Antioch Police Department is dedicated to keeping the community safe and is devoted to capitalizing on any opportunity to work collaboratively with other agencies.

The Department of Cannabis Control (DCC) is the California state agency that licenses and regulates cannabis businesses. DCC regulates the:

• Growing of cannabis plants
• Manufacture of cannabis products
• Transportation and tracking of cannabis goods throughout the state
• Sale of cannabis goods
• Events where cannabis is sold or used
• Labeling of goods sold at retail

To learn more about the Department of Cannabis Control or the laws pertaining to cannabis, please visit: www.cannabis.ca.gov.

Allen D. Payton contributed to this report.

 

By Allen D. Payton

On June 29, 2022, Antioch Mayor Lamar Thorpe entered pleas of not guilty to the charges of Driving Under the Influence of Alcohol and DUI with Blood Alcohol Content of .08% or higher, for his arrest in the early morning of March 19. A Readiness Conference has been scheduled for Sept. 29 with a trial date set for October 12 at 8:30 a.m. in the criminal division of the Wakefield Taylor Courthouse in Martinez. (See related articles here and here)

Since in a video Thorpe posted on his official Facebook page on March 19, he admitted to having one drink with dinner, he was asked, via email in August why he didn’t plead guilty, accept his punishment and get this behind him for the benefit of himself and the city. He was also asked what he was hoping to accomplish by a jury trial, if he was hoping to be found not guilty and isn’t the trial just a waste of taxpayer funds and the court’s time. Thorpe did not respond.

An effort to reach Thorpe’s attorney, listed as Greg Scanlon, was unsuccessful. However, Walnut Creek-based criminal defense attorney Peter Johnson, the co-author of the California DUI Defense book, was asked why someone who admitted publicly that they had an alcoholic beverage prior to an arrest for DUI would plead not guilty and take their case to trial.

“A drink with dinner doesn’t put you under the influence,” he stated. “There’s no law against drinking and driving. He didn’t admit to the crime. They have to prove he was guilty.”

“Chemical testing for alcohol is not necessarily reliable. There are errors involved with the testing,” Johnson continued. “Just because a person blows into a machine, that’s not necessarily an accurate number. Why should somebody plead guilty or no contest if they didn’t commit a crime?”

“There are substantial problems with estimating a person’s blood alcohol level from either a blood or a breath test,” he added.

Following is the information provided to the Herald about the case: Details.Lamar Thorpe DUI Case # 01-22-00647

Thorpe, Lamar Anthony
Description Statute Level Date:

1VC23152(a)-M: Driving Under Influence of Alcohol 000214658023152(a) Misdemeanor 03/19/2022

2VC23152(b)-M: Driving Under Influence of Alcohol 000214658123152(b) Misdemeanor 03/19/2022
01-22-00647 | The People of the State of California vs. Thorpe, Lamar Anthony
Case Number:01-22-00647
Court: Criminal – Martinez-Wakefield Taylor Courthouse
File Date: 05/20/2022
Case Type: Misdemeanor
Case Status: Own Recognizance
06/29/2022 Plea
Judicial Officer :Stark, Nancy Davis
1 – VC23152(a)-M: Driving Under Influence of Alcohol 0002146580
Not Guilty
2 – VC23152(b)-M: Driving Under Influence of Alcohol 0002146581
Not Guilty
05/20/2022 Initial Complaint Filed
05/23/2022 Notice to Appear
05/23/2022 District Attorney’s Arraignment Position
06/15/2022 Miscellaneous
Comment – Documents copied and sent to, GREG SCANLON.
06/29/2022 Arraignment on Complaint
Original Type – Arraignment on Complaint
Judicial Officer – Stark, Nancy Davis
Hearing Time – 8:30 AM
Result – Held
09/28/2022 Readiness Conference
Judicial Officer – Hiramoto, Joni T
Hearing Time – 8:30 AM
10/12/2022 Misdo Jury Trial
Judicial Officer – Hiramoto, Joni T
Hearing Time – 8:30 AM

“…Antioch Police officers engaged with Quinto in a manner that was lawful and objectively reasonable under the circumstances…an internal examination showed no bone fractures or damage to Quinto’s larynx and trachea…” – Contra Costa District Attorney

Quinto died in the hospital three days later not in police custody

By Allen D. Payton

The Contra Costa District Attorney’s Office announced Friday, Sept. 2, 2022, that it had concluded there is no evidence of criminal offense by Antioch Police officers in the December 2020 death of 30-year-old Angelo Voithugo Quinto. The D.A.’s Office released a 39-page Law Enforcement Involved Fatal Incident (LEIFI) report as part of Contra Costa County’s protocol to investigate incidents when officers or civilians are shot or die during an encounter with law enforcement. The report is available on the District Attorney’s website and here: Angelo Quinto LEIFI Report Final

The incident occurred on December 23rd and Quinto died in the hospital while not in police custody three days later on Dec. 26th.

According to the CCDA, the purpose of the report is to independently determine criminal liability in fatal incidents when law enforcement is involved. During a criminal trial, the District Attorney’s Office – which represents The People of the State of California — has the burden of proving beyond a reasonable doubt that a death was not justified.

Part of the LEIFI report contains a legal analysis of the evidence in the death of Quinto. That analysis determined the Antioch Police officers engaged with Quinto in a manner that was lawful and objectively reasonable under the circumstances. Moreover, the report notes that the officers utilized reasonable force during their contact with Quinto [PC 835a(a)(3)].

The report confirms what both the Contra Costa County Coroner’s Office and then-Antioch Police Chief Tammany Brooks said during a March 2021 press conference and is in spite of the rush to judgment by Antioch Mayor Lamar Thorpe and Councilwomen Monica Wilson and Tamisha Torres-Walker, and the accusations by Quinto’s family members that the police officers caused his death. It also undermines the naming of the legislation, AB 490, entitled the Angelo Quinto Act, banning law enforcement from restraint techniques that cause asphyxia. (See related article here)

Brooks said that officers did not kneel on his neck during the incident. In addition, he said, “according to the results of a preliminary investigation, at one point during the handcuffing, an officer did briefly – for a few seconds – have a knee across a portion of Angelo’s shoulder blade. This is a common control technique taught at CA POST approved Police Academies for prone handcuffing.  At no point did any officer use a knee or any other body part to gain leverage or apply pressure to Angelo’s head, neck, or throat, which is outside our policy and training.”

Then, in August 2021, a Contra Costa Coroner’s Inquest Jury found that Quinto’s death was an accident. (See related article)

Background

The circumstances surrounding this incident were initiated with a 911 call from Angelo Quinto’s sister on December 23, 2020, at around 11:10 pm. Quinto’s sister wanted law enforcement’s help after Quinto was being erratic, physically aggressive, and harming his mother. Quinto’s mother could be heard in the background of the call saying “I can’t breathe. Stop it.” while Quinto’s sister told the 911 operator that he was strangling Mrs. Quinto.

Antioch Police officers arrived about a minute later. They were met by Quinto’s sister, who was clutching a hammer to protect herself from her brother. Officers heard a commotion coming from Quinto’s bedroom. When they entered the room, they saw Quinto’s mother struggling with him in a bearhug hold on the ground. Officers separated the two. One officer kneeled and placed one knee on Quinto’s shoulder to handcuff him while the other held onto his legs. This was the extent of force utilized by the two officers to restrain Quinto, and to prevent him from harming himself, family members, or the officers.

Police told Mrs. Quinto that her son was not under arrest. Rather, emergency responders were on their way to transport him to a hospital for any physical injuries. He would also receive a mental health evaluation while being treated at the medical facility. While one officer went to his patrol vehicle to get the needed paperwork, emergency medical crews arrived on the scene. They rolled Angelo over and noticed he was unconscious, his face was purple in color, and there was blood on the floor and his face. The officers did not strike Quinto in any way, and the autopsy revealed bite marks to Quinto’s inner cheek and tongue. Life-saving measures were administered, and Quinto was transported to a hospital in Antioch — where he died on December 26th.

An autopsy was performed on December 28th by the Contra Costa County Coroner’s Office. The cause of death was Excited Delirium Syndrome due to drug intoxication, psychiatric conditions, physical exertion, and cardiac arrest.

A toxicology report by the Coroner’s Office showed that Angelo 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 County of Santa Clara 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.

Contra Costa District Attorney’s Office will take no further action in this case.

Contra Costa District Attorney’s Office PIO Ted Asregadoo contributed to this report.

By Antioch Police Department

On Sunday, September 4, 2022, at approximately 11:49 PM, Antioch police officers responded to the report of gunshots fired in the 1100 block of Macaulay Street. It was also reported that one person had been shot.

Numerous officers responded to the scene. When officers arrived, they located one male victim near the front yard of a residence suffering from at least one gunshot wound. Evidence at the scene indicated the incident occurred outdoors in a drive-by style shooting. Officers immediately began administering first aid and called for emergency fire department and AMR paramedics.

Unfortunately, the victim succumbed to his injuries at the scene, and he was pronounced deceased. The suspect vehicle fled the scene and has not been contacted.

Antioch Police Department’s Investigations Bureau, consisting of Crime Scene Investigators and detectives with the Violent Crimes Unit, responded to the scene and took over the investigation.

Currently, detectives are interviewing witnesses and working to identify any suspects or persons-of- interest. The investigation is still active, and evidence is being collected.

Anyone with information is asked to call the Antioch Police Department non-emergency line at (925) 778-2441, or Detective Gerber at (925) 779-6943. You may also text-a-tip to 274637 (CRIMES) using the key word ANTIOCH.