“Do I want you to become a pseudo-police chief? No. You failed,” – Former Councilman Ralph Hernandez

“Residents like you have allowed the council to get away with murder, absolute murder, because of a lack of oversight,” – Mayor Lamar Thorpe to Hernandez, the main opponent of the change.

“I do not want the police department to become a political arm of the council. I would prefer a buffer.” – Councilman Mike Barbanica

By Allen D. Payton

During their meeting Tuesday, August 22, 2023, the Antioch City Council, on two split votes of 3-2, approved directly hiring and oversight of the police chief. During council discussion, an upset Mayor Lamar Thorpe accused past councils of allowing Antioch cops to get away with “absolute murder”. Mayor Pro Tem Tamisha Torres-Walker also falsely accused officers of murdering Angelo Quinto. A former councilman, speaking as the main opponent of the change, also accuses officers of three murders. Implementation of ordinance later delayed for 90 days. (See council meeting video)

Council Approves Direct Hire, Oversight of Police Chief

The council twice voted 3-2 to directly hire the police chief, and delayed implementation of the ordinance for 90 days so Acting City Manager Kwame Reed can complete the process of hiring an interim chief. District 2 Councilman Mike Barbanica and District 3 Councilwoman Lori Ogorchock opposed the change. Mayor Pro Tem Tamisha Torres-Walker proposed a time limit of possibly one year before the authority would revert back to the city manager which was supported by District 4 Councilwoman Monica Wilson. But that was not included in the motion the council adopted.

During the public hearing but before public comments, City Attorney Thomas L. Smith explained to the council that directly hiring would also include “supervision and performance evaluation of the chief of police. Another consideration would be the additional amount of work…and time allocated for it.”

The public comments allowed for one proponent and one opponent to each speak for 10 minutes,

“We have been brainwashed we need a lot of police,” Julia Emegokwae said as the main proponent. “They’ve had the green light to terrorize us.”

Mayor Lamar Thorpe interrupted her saying. “I want to remind you, Julia to stay on topic.”

She then spoke of officers “sitting there drinking coffee, eating donuts. They have no interest in us.”

“Julia, I’m just going to remind you again this item is about changing the reporting structure,” Thorpe interrupted her, again.

“Yes. Yes. This is related to it,” she responded and continued speaking.

Ogorchock made a point of order saying, “she’s off topic, Mr. Mayor. You’ve told her twice.”

“We want that funding to go more into safety net programs,”

Mayor Lamar Thorpe interrupted her saying. “I want to remind you, Julia to stay on topic.”

“We want that funding to go more into safety net programs,” Emegokwae continued. “I applaud the city that’s going to have more control of APD.”

Former Antioch Councilman Ralph Hernandez, the main opponent, said, “With the exception of Councilman Barbanica, I don’t think any of you are qualified to discipline and run the department. You need to have some kind of law enforcement background. The city manager, generally…would have more of it than you have. You guys have said you’re too busy and need secretaries to help you. Now, you’re wanting to add more responsibilities to your duties.”

“What you need to do is put it to a vote of the public,” Hernandez continued. “I met with you in June 2020 at your home and Monica Wilson was on speakerphone. I told you about…a group of six officers…and the police chief who blew it off.”

“I asked to meet with you in closed session…to enlighten you. It never came to pass,” he continued. “This was when you were a councilman before you became mayor. Monica you were a councilperson.”

“I need you to stay on topic,” Thorpe said interrupting Hernandez.

“In your packet, the duties of the police chief…that includes looking out for our community, safety. It is part of what we’re here to discuss,” Hernandez responded. “Your history already shows you did not do anything about those things that were affecting our community. So, do I want you to become a pseudo-police chief? No. You failed. I came before you with crimes, felony crimes that were committed. What did you guys do? Now, you want to become a substitute police chief, effectively? No. You can’t do it.”

“Do any of you have law enforcement backgrounds? You don’t. In the newspapers, in your press conferences, I haven’t heard you say, ‘you know Ralph Hernandez came here and told us about this sh*t,'” he continued.

Hernandez then spoke of the residents who Antioch officers are accused of violating their rights and said he read in the media, “Black, Black, Black” and mentioned someone of a different ethnicity that officers are accused of harming.

People in the audience started calling out.

“Hold on, we’re not doing this,” Thorpe said to stop it. “Mr. Hernandez, please finish your last minute-and-a-half.”

“In the meantime, you have failed,” Hernandez continued. “I want you to look inside yourself and ask, ‘have we done the right job?’”

“You’re still missing the two reported murders of our citizens of Antioch and a reported third by Antioch officers where they hid the body. I don’t know why you didn’t want to hear from me. I have the background…the professional training. The City Manager as you currently have it is the appropriate avenue.”

Thorpe responded by saying, “What he was asking was for us to do something illegal. Going into the closed session to discuss personnel matters is against the law. I do believe you filed that with the District Attorney’s Office. We’re not investigators up here.” However, the mayor was incorrect as it is in closed session when personnel matters are discussed. But they have no authority to hire, discipline or fire any city employee other than the city manager, city attorney and soon, the police chief.

All but one of the other speakers supported the change but with caveats.

“I don’t have faith in our council, as a whole to do the job. I don’t necessarily trust a former cop (referring to Barbanica). I do believe it should be your job as the head of Antioch,” said one woman while looking at the mayor.

“You guys represent us and our voices. The council, the mayor and the city manager should decide,” another woman said.

“I think the city manager should be included in the oversight of this,” said another speaker. “Some people back the blue. They could have a bias.”

Resident Tikki Flow said, “I agree with transferring the job to the city council. For 150 years nothing has changed. I’m for reimagining things. The city council is supposed to represent the people. If it’s added more work, then…they must feel they can do the job. I feel like you guys are well qualified.”

Robert Collins spoke next saying, “Angelo Quinto called me ‘dad’. We’ve had a police department with no accountability. To have the police chief only being accountable to the city council…I don’t know if that’s the right approach. If you can’t do a commission, then you should take on that role. We do know the previous structure did not work.”

The only member of the public who spoke against the change was David George who said, “I’m very disappointed in the way you’ve run this city. I think you’ve had a big hand in the problems, here. I don’t think you’re qualified.”

Lisa Elekwachi then said, “I don’t understand why the chief needs all of you as his boss. We don’t need a whole crew of people. Honestly, I think you should be his boss, the mayor. A lot of these problems with the police department stem from upper management. Hiring the best is what’s important.”

“If we can get it right, I would love for you to be in charge of the police chief,” she continued while looking at Thorpe. “You have a political career in front of you. We can hold you accountable at the state level, too. Who we hire should not be involved in cronyism.”

“Hiring a police chief is a heavy responsibility and involves a lot,” said resident Andrew Becker. “Resources start with our first responders. I think there’s a variety of ways the council can go about this. You should be unique that works for the community. The council majority can…put out an application. But you can have retired chiefs…community members to sit on that panel. They can be a part of the selection process. It’s about bringing those voices together. Looking at old processes I don’t think work for our community. I encourage the council to be diverse in that selection process. That single individual will be paramount for that department. That reporting…obviously will involve the city manager. The council does need to be a part of that decision. We do have to appreciate that we do have that diversity. If we just have noise on one side that’s not a conversation. I do hope we can bring in regional experts.”

Thorpe Gets Heated During Council Discussion

Thorpe then said, “this is one of the reforms we initiated in 2021 after the death of Angelo Quinto. What we decided was an open process. We wanted public involvement in the process. We also wanted some level of accountability. It was becoming apparent to me the city manager’s role…is taking us for granted.”

He said people have been asking, “’You’re going to now run the police department?’ We provide oversight for all of our departments.”

“What has happened in our city…residents like them and city councils in the past have failed to provide oversight of the police department,” Thorpe continued as he raised his voice. (See 1:16:00 mark of council meeting video)

“Ralph Hernandez was a member of the city council. He failed to provide oversight of the Antioch Police Department because this was decades in the making,” he shouted, raising his voice louder. (Hernandez served on the city council from 1992 to 1995).

“Who was the mayor when you got beat up?” Thorpe asked a member of the audience. “Don Freitas was the mayor. He failed to provide oversight of the police department.” (Freitas was elected to the city council in 1998 and served as mayor from 2000-2008).

“So, you can come in here and point the finger all you want. I don’t give a damn,” Thorpe continued with a raised voice. “Because the residents of this community have demanded the change we’re making, here today if the council continues in this direction. Because for decades residents like you have allowed the council to get away with murder, absolute murder, in failure to provide oversight.”

“The city attorney said, ‘you either have a chief of police report directly to you or report to the city manager’,” he stated. “There’s no hybrid process. This is the option that we have.”

“We have done little talking about gun violence in this community,” Torres-Walker stated, speaking next. “We can’t fool ourselves about violence and harm in our community. So, no matter what direction this council takes on this item, tonight it’s important we come together. Reform can continue but it shouldn’t continue the way it has in the past.”

“I’m for governmental destruction. It hasn’t worked, mainly for colored people in the past,” she continued. “We have to do things radically. It is the council’s responsibility when a police department harms the community. In their duty to protect public safety they actually put public safety in jeopardy.”

“I’m a governmental radically deconstructionist,” Torres-Walker stated.

“I want to thank Mr. Hernandez for making my mind up for me,” she said. “He asked, ‘who has been held accountable…in the past? Nobody.’ We have had council members who sit here and have acknowledged they did nothing. Crimes against the community have occurred under the current structure. So, what would you have us do?”

“If the council decides to move forward…is there a way to modify this recommendation to a term?” Torres-Walker asked the city attorney.

“To a specified period of time? Would it lapse back to the municipal code?” he asked in response. “Yes. You could do something like that. You would have to put in a definite period of time.”

“Like until a permanent city manager is hired?” she asked. “Could it be for a term of 12 months?”

“Yes. You would effectively be defining the powers of the acting city manager,” Smith responded. “When the time period lapses it could fall back to the municipal code. Both would be triggering affects.”

“I do want to recruit the strongest city manager we can…who is strong enough to manage the police chief,” Torres-Walker stated. “I would support this…if we can trigger it to go back to the city manager at some point.”

Barbanica spoke next saying, “My concern with this is I do not want the police department to become a political arm of the council. I would prefer a buffer. If we as council…have done a bad job in the past as far as holding people accountable, and I’m talking historically, then we need to change that.”

“I do not believe we should get into creating a political arm of the council. Should we hold officers accountable? Absolutely. Should we hold the police chief accountable? Absolutely,”

“I have to admit I was really on the fence on this because I could see both sides,” Wilson said. “What I’m really interested in is what I’ve heard from you the public. I am interested in creating a term. I know if this goes through it’s going to come back, not only for more council discussion but community. I’m not against. I just want to hear more so I can flush this out.”

“Just to be clear, I was not talking about not moving forward tonight,” said Torres-Walker. “I appreciate the process Oakland is going through. They’re going through a public process. We don’t need to slow this down. We’ve been going through a public process for the past 18 months since we found out Angelo Quinto was murdered in his family’s house.”

However, her statement is incorrect as it was reported by the county coroner’s that Quinto died three days later in the hospital from excited delirium due to the drugs in his system, while not in police custody. (See related article)

“I too have done a lot of research on this,” Ogorchock then stated. “I, too, do not want the police department to become a political arm. So, I’m not for this, tonight. I do believe the city manager should hire the police chief.”

Thorpe then explained, “The California League of Cities…this is where we get trained…in it’s resource guide it describes the relationship between the city council and the police department.”

“The police department exists within a political arena,” he said quoting the section.

“Listen, 2020 was about police reform. The previous mayor was running from the press because he didn’t want to answer questions about police officers,” Thorpe continued mentioning one officer by name, Lt. Michael Mellone.

“At the end of that process we got a new mayor,” he continued. “The city manager kept his job. The police chief kept his job. But there was no accountability for these officers that sparked these protests. We already have oversight of the police department.”

“The question is whether there should be a buffer…because of the actions of the police chief or the lack thereof,” Thorpe stated. “I am personally still for this because I am frustrated…we have been kept in the dark about the FBI investigation…and how many officers are actually on paid leave. Because there is a buffer between the police department and the elected body. I’m not for it.”

Torres-Walker then said, “I still agree with moving forward, tonight. But I still believe in checks and balances” and “returning authority to the city manager, as Mr. Hernandez properly stated.”

But she then made a motion to change the hiring, oversight and discipline of the police chief and that the chief serves at the pleasure of the city council without any time limit. It was seconded by Wilson.

“You can always come back and amend this ordinance,” City Attorney Smith said in response to a question by Torres-Walker.

The motion passed 3-2 with Barbanica and Ogorchock voting against.

“So, this will take place 30 days after its second reading. OK,” Thorpe then stated.

Council Majority Changes Motion to Delay Implementation for 90 Days

Following a break in the meeting, Thorpe then said, “I’d like to make a motion to reconsider our previous motion.”

Torres-Walker seconded the motion to reconsider.

“The city manager is in the process of hiring an interim chief. So, in that process, this would get in the way of that. I would ask you consider adding 90 days,” Thorpe stated.

“So, what we just did kind of negates what he’s doing?” Wilson asked.

“Mayor Thorpe is proposing the effective date be 90 days after the adoption,” Attorney Smith said.

“We’re looking at up to two, three months for a background check. I wanted to be respectful of his authority, now,” Thorpe responded.

Torres-Walker then made a new motion with the 90-day extension included.

Before the vote Barbanica stated, “I’m probably as shocked as you are that we are a week away from hiring an interim chief. I did not know that.”

The new motion passed, again on a 3-2 vote with Barbanica and Ogorchock voting against.

Has history of arrests by multiple agencies; group committed more than 100 thefts in 7 counties

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

The Contra Costa District Attorney’s Office and officials with the California State Lottery announced Friday, August 18, 2023, that Ryan Anderson plead guilty to nine felony charges as the ringleader of a sophisticated organized retail theft ring.

The 32-year-old Antioch resident (born 1/18/91) was the mastermind behind a group responsible for committing more than 100 organized retail crime thefts from stores authorized to sell California Lottery Scratchers and redeem winning Scratcher tickets for prize money. Anderson, and other associated with him, targeted convenience and grocery stores throughout the counties of Contra Costa, Alameda, Marin, Sacramento, San Joaquin, Solano, and Stanislaus.

“Organized retail crime is serious a crime that will not be tolerated in our communities,” said District Attorney Diana Becton. “We will continue to work with our retailers and all of our state and local justice partners to hold these offenders accountable with arrest, prosecution, conviction, incarceration, and full restitution.”

By early 2022, the California State Lottery investigators — working with multiple law enforcement agencies and Contra Costa DA’s Major Financial Crimes division — identified Anderson as the ringleader of a group responsible for 71 separate thefts of lottery tickets valued at a total of $95,565.00 and an additional $59,105.00 in prize money stolen from 65 retail locations across 7 Northern California counties between March 27th, 2022, and October 25, 2022. The retail crime spree stopped when Contra Costa prosecutors were able to keep Anderson in custody.

Under state laws, the Contra Costa County District Attorney’s Office was able to prosecute Anderson for all his crimes, even though they occurred in multiple counties. This is because state laws allow a single county to prosecute offenses if a crime — or the effects of a crime — crosses county lines.

During a court hearing in Martinez today, the California State Lottery made a victim impact statement noting that “tens of thousands of dollars” Anderson and others stole victimized not only the California State Lottery, but also its retail partners, many of which are “small, independently owned businesses that rely on the sale of Lottery games to thrive.” Moreover, lottery players were victims who lost out on the opportunity to win, and “public school students who have been robbed of additional funds to support important programs and enriching learning environments.”

The terms of the plea mean that Anderson will spend three years in state prison, admit probation violations, and pay full restitution to the California State Lottery. In court, Anderson presented a letter of apology to the victims of the crimes he committed saying, in part, that he wants to make an “honest living” so he will be able to “pay back any money [that] is owed.”

The lengthy investigation into these incidents was favorable due to the partnerships between the Contra Costa District Attorney’s Office, the Contra Costa Probation Department, the Security/Law Enforcement Division of the California State Lottery, and the collaborative efforts of dozens of local law enforcement agencies.

According to localcrimenews.com, Anderson, a 5’11”, 170 lb. Black male, has a history of arrests dating back to 2015 by multiple agencies including Antioch PD, Concord PD, Walnut Creek PD, Contra Costa Sheriff’s Office and Sacramento Sheriff’s Office for a variety of crimes such as assault with a deadly weapon or assault with force likely to produce great bodily harm, vandalism, vehicle theft, attempted robbery, petty theft, DUI and while license suspended, and burglary.

Case No. 04-22-01154 | The People of the State of California v. Anderson, Ryan

Case No. 04-203281-1| The People of the State of California v. Anderson, Ryan

Allen D. Payton contributed to this report.

Nothing on agenda about search for new city manager; expected to finalize tenant anti-retaliation, harassment ordinance; spend $1.2 million more for City electric vehicle charging stations; another performance evaluation for city attorney

By Allen D. Payton

Under Item 6 on the Tuesday, August 22, 2023 meeting agenda, the Antioch City Council will consider directly hiring and overseeing the police chief, removing it from the responsibility of the city manager. The council will also consider hiring retired officers to supplement the current depleted force due to the 16 current vacancies and two investigations. In addition, the council, for the third time, attempt to finalize their decision on the tenant anti-retaliation and harassment ordinance. During closed session the council will again provide the performance evaluation for the city attorney. Finally, the council will consider spending an additional $1.2 million on electric vehicle charging stations for the City’s fleet.

No City Manager Hiring Process on Agenda

But there’s no item on the agenda regarding hiring a search firm for a new city manager. As previously reported, during the closed session before their regular meeting Tuesday, July 25, 2023, the Antioch City Council voted to give direction to the City’s Human Resources Director Ana Cortez regarding recruiting a new, permanent city manager. But no other details were provided. Mayor Lamar Thorpe said he wanted to wait and hold a press conference on the city manager recruiting process until after Acting City Manager chooses a new acting police chief. That occurred on Monday, August 7. Thorpe has not held a press conference about the matter since.

Hiring, Overseeing Police Chief Directly by Council

The staff report for Item 6. Reads “It is recommended that the City Council introduce by title only and waive further reading of the ordinance (1) amending section 2- 2.06(B)(2) of the Antioch Municipal Code removing the Chief of Police from the City Manager’s appointment, discipline, and removal power, and (2) adding a new Article 4 to Chapter 3 of Title 2 of the Antioch Municipal Code, so that the Chief is appointed by and serves at the pleasure of the City Council, and setting out some general duties and responsibilities of the Police Chief.”

Under Item 2., the council will discuss District 3 Councilmember Mike Barbanica’s proposal to hire retired police officers to supplement the force.

Revised Tenant Anti-Retaliation, Harassment Ordinance Returns

Under Item 5, the council will for the third time, “introduce by title only and waive further reading of the Ordinance adding Chapters 4 and 5 of Title 11 of the Antioch Municipal Code prohibiting retaliation and harassment of residential tenants.” The council first voted to pass the ordinance 3-1-1 with District 3 Councilwoman Lori Ogorchock voting against and Barbanica abstaining, as he owns a property management company in Antioch. Then, during their last meeting, with District 4 Councilwoman Monica Wilson absent, upon advice of the acting city attorney that a simple majority vote of those who were in attendance would serve as the first reading, the item with amendments was continued on a 2-1 vote, with Ogorchock opposing it, again. However, on Tuesday’s agenda is the first reading, again.

$1.2 Million More for Electric Vehicle Charging Stations

For the final item on the agenda, the council will consider City Council adopt a resolution approving an amendment to the Fiscal Year 2023/24 Operating Budget to increase the funding from the General Fund for the Zero Emission Vehicle Transition Project by $1,226,760 for a total amount of $1,361,814 for electric vehicle charging stations at various locations for the City’s fleet.

Another City Attorney Performance Evaluation

Prior to the regular meeting at 7:00 p.m., during closed session beginning at 6:15 p.m., the council will once again give City Attorney Thomas Lloyd Smith his performance evaluation. The item has been on multiple council meeting agendas over the year.

Public Comments

If you wish to speak about an item, you must do so in person. If the item is not on the agenda, the “Public Comments” section of the agenda is for you. Unagendized comments are provided until no later than 7:30 p.m. when the City Council moves on to agenda items. There is another opportunity for public comments at the end of the meeting.

To speak about an item on the agenda fill out a Speaker Request form, located at the entrance of the Council Chambers and place it in the tray near the City Clerk.

If you wish to provide a written public comment, you may email the City Clerk’s Department at cityclerk@antiochca.gov, by 3:00 p.m. the day of the City Council Meeting. PLEASE NOTE: Written public comments received by 3:00 p.m. the day of the City Council Meeting will be shared with the City Council before the meeting; entered into the public record; retained on file by the City Clerk’s Office; and available to the public upon request. Written public comments will not be read during the City Council Meeting.

Antioch City Council meetings are televised live on Comcast channel 24, AT&T U-verse channel 99, and streamed on the City’s website.

Urges voters, taxpayers to call the Capitol to protect Prop 13, see committee members phone numbers below

ACA 1 would make it easier to raise local special taxes by removing the Prop. 13 taxpayer protection of the two-thirds vote of the electorate required to pass

ACA 13 was just introduced last week as a devious attempt to stop the Taxpayer Protection and Government Accountability Act from passing when it’s on the ballot in Nov. 2024.

By Jon Coupal

Prior to the successful passage of Proposition 13 in 1978, Howard Jarvis tried several times to bring property tax relief to beleaguered California homeowners. While coming close, it wasn’t until 1978 when voters overwhelmingly passed Proposition 13 over the opposition of virtually every political institution and newspaper in California.

As they say, timing is everything. What changed the political dynamic so abruptly in 1978 was the fact that thousands of California homeowners were being taxed out of their homes. That also explains why, to this day, Proposition 13 retains its popularity even as the state has become more “progressive.”

Last week there were two competing press events over Assembly Constitutional Amendment 1 (ACA 1), a proposal that would erase part of Proposition 13. As the head of the Howard Jarvis Taxpayers Association, I was joined at a news conference on the Capitol’s west steps on Wednesday by several legislators who have unequivocally expressed their continued support for Proposition 13 and opposition to ACA 1. Also present were several representatives of other taxpayer groups as well as business organizations suffering under California’s excessive tax burdens.

ACA 1 is a direct attack on Proposition 13 because it would cut the vote threshold needed to pass local special taxes, dropping it from the current two-thirds vote required by Proposition 13 to only 55%. That change would make it easier for local governments to raise taxes.

Since Proposition 13 was enacted in 1978, voters have continued to support the important two-thirds vote protection. That support was reaffirmed with the passage of pro-taxpayer initiatives in 1986, 1996 and 2010.

Many people may not know that the two-thirds vote requirement did not originate in 1978. It has been in the California Constitution since 1879! For more than a century, local property owners have been protected against excessive bond debt by the requirement that local bonds – repaid only by property owners – need a two-thirds vote of the local electorate.

ACA 1 repeals the two-thirds vote protection for tax increases to support “infrastructure,” a term so expansive that local governments would be able to raise taxes for almost any purpose with a vote of just 55% of the electorate. This is a hatchet that chops away at the taxpayer protections in Proposition 13.

ACA 1 proponents are aware of Prop. 13’s enduring popularity, so not once in their over one-hour press event did they mention Proposition 13 by name. Instead, they talked about “protecting democracy,” “local control,” and taking on “right-wing interests.” (Are Californians “right wing” for wanting to keep their home instead of being taxed out of it?) Nor did the supporters of ACA 1 provide any specific example of exactly what lowering the two-thirds vote would purchase, other than to claim that it was essential to address California’s dual crises of housing and homelessness.

Opponents of ACA 1 have noted that making it easier to raise taxes makes no sense in one of the highest taxed states in America. No other state comes close to California’s 13.3% top marginal income tax rate, and we also have the highest state sales tax in America as well as the highest gas tax, not to mention gas prices. And even with Prop. 13, we rank 14th out of 50 states in per capita property tax collections. Californians pay enough.

This is a critical time. As of this writing, ACA 1 has cleared one legislative committee and may be heard by the full Assembly as early as this week. However, its main proponent, Assemblymember Cecilia Aguiar-Curry, admitted at her press conference that she didn’t quite have the votes yet. For that reason, the time is now for all defenders of Proposition 13 and advocates for limited taxation to contact their Assembly representatives and let them know that a vote for ACA 1 is a vote against Proposition 13.

This issue is so important to the Howard Jarvis Taxpayers Association that we will withhold our endorsement from any current legislator who fails to vote no on ACA 1.

Committee Hearings this Week, Taxpayers Urged to Call the Capitol

Your immediate help is needed to fight against two proposed constitutional amendments moving fast through the state Assembly. Both of these measures are attacks on PROPOSITION 13. We’re asking all HJTA members and supporters to please call the members of two committees that will be hearing these bills on Wednesday. Please call as soon as possible! Here’s all the information:

NO on ACA 1 – Hearing date: Wednesday, 8/23, Assembly Appropriations Committee

ACA 1 is a direct attack on Proposition 13 that would remove the taxpayer protection of the two-thirds vote of the electorate required to pass local special taxes. If this measure is enacted, local taxes and bonds for “infrastructure” (nearly everything) and public housing projects would pass with just 55% of the vote instead of 66.67%. This makes it easier to raise taxes, and your taxes could go up after every election.
Please call the members of the Assembly Appropriations Committee and urge a NO vote on ACA 1:

Chris Holden (Chair) – (916) 319-2041
Megan Dahle (Vice Chair) – (916) 319-2001
Isaac Bryan – (916) 319-2055
Lisa Calderon – (916) 319-2056
Wendy Carrillo – (916) 319-2052
Diane Dixon – (916) 319-2072 (Please thank Assemblywoman Dixon for opposing ACA 1)
Mike Fong – (916) 319-2049
Gregg Hart – (916) 319-2037
Josh Lowenthal – (916) 319-2069
Devon Mathis – (916) 319-2033 (Please thank Assemblyman Mathis for opposing ACA 1)
Diane Papan – (916) 319-2021
Gail Pellerin – (916) 319-2028
Kate A. Sanchez – (916) 319-2071
Esmeralda Soria – (916) 319-2027
Akilah Weber, M.D. – (916) 319-2079
Lori Wilson – (916) 319-2011 – Represents portions of Eastern Contra Costa County

NO on ACA13 – Hearing date: Wednesday, 8/23, Assembly Elections Committee

ACA 13 was just introduced last week as a devious attempt to stop the Taxpayer Protection and Government Accountability Act from passing when it’s on the ballot in November 2024. The Taxpayer Protection and Government Accountability Act is our initiative constitutional amendment that will restore the Proposition 13 protections that have been eroded by the courts. 

Some of the measure’s key provisions include:

• Require all new taxes passed by the Legislature to be approved by voters
• Restore two-thirds voter approval for all new local special tax increases
• Clearly define what is a tax or fee
• Require truthful descriptions of new tax proposals
• Hold politicians accountable by requiring them to clearly identify how revenue will be spent before any tax or fee is enacted

But ACA 13 would create special rules that make it harder to pass citizen initiatives like this one. If ACA 13 is enacted, the Taxpayer Protection and Government Accountability Act would require a two-thirds vote to pass, instead of the simple majority vote that has been required for all other constitutional amendments since 1849!

Please call the members of the Assembly Elections Committee and urge a NO vote on ACA 13:

Gail Pellerin (Chair) – (916) 319-2028
Tom Lackey (Vice Chair) – (916) 319-2034
Steve Bennett – (916) 319-2038
Bill Essayli – (916) 319-2063
Alex Lee – (916) 319-2024
Evan Low – (916) 319-2026
Blanca Rubio – (916) 319-2048

Please also call your own state representatives and urge them to vote NO on ACA 1 and NO on ACA 13. You can look up their names and contact information at findyourrep.legislature.ca.gov.

Thank you for your help in this critical fight to protect Proposition 13. We greatly appreciate you!
Jon Coupal is president of the Howard Jarvis Taxpayers Association.

Face six complaints; three APD personnel arrested Thursday now on unpaid leave

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

Contra Costa District Attorney Diana Becton announced Friday, August 18, 2023, the filing of charges against five officers who engaged in a criminal conspiracy and accepted bribes for voiding the citations of friends while serving as sworn police officers for the Antioch and Pittsburg Police Departments.

“The charges set forth in these complaints allege offenses of public corruption,” said District Attorney Becton. “As District Attorney for Contra Costa County, my role is to seek justice and work on solutions to improve our communities. The legal action we’ve taken here today reflects that commitment.”

In all, six complaints were filed in Superior Court of California, County of Contra Costa. The alleged offenses center on fixing traffic violations of associates of sworn peace officers. The defendants are: former Antioch officer Timothy Manly Williams and current officers Calvin Prieto, Andrea Rodriguez and Ben Padilla and former Pittsburg officer Juan Ernesto Mejia-Orozco.

On March 22, 2022, state and federal investigators obtained search warrants for the cell phones of a number of officers. During a forensic analysis of the phones, investigators uncovered evidence of criminal wrongdoing, which culminated in conspiracy to obstruct justice and bribery.

Timothy Manly-Williams also faces a federal criminal indictment related to violations that arose out of a joint DA/FBI investigation.

In addition to the criminal conduct, a large trove of overtly racist, sexist, and homophobic text messages was uncovered. The conduct of the officers has compromised a number of cases and triggered scrutiny under the California Racial Justice Act (PC 745).

As previously reported, Manly-Williams, who is no longer with APD, and Mejia-Orozco, were indicted on Wednesday and arrested Thursday following the FBI investigation, along with two current and two former Antioch officers as well as one current Antioch community service officer and one current and two former Pittsburg officers.

In a Friday evening email, Acting Antioch City Manager Kwame Reed wrote, “All staff members that received federal indictment have been placed on unpaid administrative leave.” They include Officers Morteza Amiri and Eric Allen Rombough and Community Service Officer Samantha Genoveva Peterson.

Allen D. Payton contributed to this report.

“what do we do? I’ve never been in a coup before…So, our team got together and prayed and worshiped the Lord… Let’s skip the panic part and say ‘the Lord will rescue us’. And you guys came together here and prayed. Then we said, let’s get to work,” – Pastor Steve Miner

“somebody from the embassy said the airport has refused fuel. But make no mistake we are leaving on this plane, today.” – Maria Miner

“The Lord is faithful, and I knew he was going to get us home” – college student Madison Heyer

By Allen D. Payton

During a Welcome Home service Sunday morning, August 13, 2023, 10 of the 11 missionaries from Antioch’s Cornerstone Christian Center and School shared their experiences while stranded for a week in Niger, following a military coup that shut down the West African nation’s borders. The only one who wasn’t there for the reunion was the youngest team member, Madison Heyer, the daughter of Principal Logan Heyer, as she had already returned to college preparing for the fall semester. (See related articles here and here)

Pastor Steve Miner Shares About Trip

“We went to put on a camp for 250 children in the Niamey region. Our theme for this camp was the Kingdom of God over the kingdom of darkness. We felt attacks from the kingdom of darkness from the minute we got to SFO,” Pastor Steve Miner shared Sunday morning about the challenges they experienced on the trip.

“That’s Thursday night,” he continued. “We get to Niger on Saturday and all 22 bags don’t make it. We called Turkish Airlines. Sunday night we get a call from the airport and all 22 bags were there. We get there and they won’t release the bags to us. It was a shakedown. They wanted some money from us. They shake us down for $200. It’s all we had.”

“Then we faced an African rainstorm. By this time, it was well into Monday morning,” Miner said. “But we put on a camp. It was wonderful. The second to last day we were told it was a coup de tat. I think we learned of it from people back here. I thought ‘what do we do? I’ve never been in a coup before’.”

“It was the last day, we were supposed to go on an excursion to see the hippos. We were to go to the Radison Hotel the nicest one in Niger,” he continued. “We learned that day we weren’t going anywhere, and we couldn’t go on the hippo ride.”

“For Americans being told not to go where we wanted to go” was difficult the pastor explained.

But they had the help of “a Christian General from the American Air Force, we had the head of security from Samaritan’s Purse who started to text me. It was such a blessing.”

“Our airline tickets meant nothing, now,” he stated. “The Holy Spirit put a verse in my heart. Psalm 31. It was David who wrote, ‘Praise be to God for he showed me his love while I was in a city under siege,” reading from Psalm 31:21-22. “David was in fear.”

“We forget the thing the Lord brought us through last week, last month,” Miner continued.

“Yet, you heard my cry for mercy,” he finished reading the Bible passage. “So, our team got together and prayed and worshiped the Lord.”

“Let’s skip the panic part and say the Lord will rescue us,” Miner stated.  “And you guys came together here and prayed. Then we said, let’s get to work.”

“We got to put desks together. Fix desks. Sanded, primered. We washed walls,” he explained. “We were getting ready for a new school year.”

“We came back last Sunday. Praise the Lord,” Miner exclaimed.

“Fox News who did the initial interview with us. They asked, ‘Would you do it, again?’ Everybody on the team said, ‘yeah, we’d do it again’. Because they understand what it means to be a disciple.”

“We are on mission here in Antioch. We have been sent,” he continued and saying “As the Father has sent me I am sending you,” quoting John 20:21.

“You feel the weight of people’s prayers lifting you up. You experience the presence of the Lord,” Miner stated.

“I wouldn’t trade living in the middle of a coup for anything. We get interviewed. It gives you a story to tell about God’s faithfulness,” the pastor continued.

“They said ‘yes, we’d go back’. And I said, “yes. We’re making disciples’,” he concluded.

Team Members Share of Their Experiences

Elidia Bird was the first to share saying “My biggest take away from this trip is the power of prayer…the partnership with God. The enemy was trying to stop us at the gate. But God had a plan.”

She then shared about a girl named Zarah (in photo) and that she wrote a letter to one of the girls.

“There’s no language barrier that can stop the Word of God,” Bird stated.

“I wouldn’t want to be led by anyone else,” Nutce Castelluccio said of Pastor Steve and Maria Miner, when sharing of his experiences on the trip. “The kids. They were so joyful. When we worshiped, they’d be dancing and dancing.”

Pastor Steve’s wife, Maria Miner was next to share saying, “This is a faithfulness of God celebration.”

“I do know the reason this team was so amazing was we were supported by your prayers,” she continued.

She chose the Armor of God as the theme for the week. Maria read from Ephesians 6:10-18 which describes the parts of the armor and then said, “You will be proud to know that all of the children left that camp with that entire passage memorized.”

“I have never felt the schemes of the devil like I did in Niger, Africa,” she stated. “The final day we taught during the storm…all the power went out. There is a battle between the kingdom of God and the kingdom of darkness. Our weapons are invisible. I felt harassed by the enemy. When I felt weak…I reached out to people to pray with me. We would worship and pray and go do what the Lord had for us to do. We were not battling against flesh and blood.”

“We got to the airport. The airport was closed. There was one plane there, our plane,” Maria stated. “About four hours in somebody from the embassy said the airport has refused fuel. But make no mistake we are leaving on this plane, today. We may have to go to another country to get fueled. It was at that point I felt the Lord saying start praying.”

“Nine hours later we were on the plane and told to unbuckle…when we were refueling,” she continued. “Then they announced we have enough fuel to get to France.”

Jennifer Bartoni shared next saying, “We’re going back. I want to thank all of you guys for your prayers and support. My plan was to go to Mexico on a mission trip. But my passport didn’t come in on time. God had a plan for me to go to Niger.”

“I was scared. I reached out to God for strength,” she stated. “Before the trip I was afraid to fly, afraid to speak in front of people.”

Bartoni then quoted Philippians 4:13, “I can do all things through Him who strengthens me.”

“I asked God to help me face my fears. So, He did,” she stated.

When it was her turn to share Jill Lawrence said, “He knew this coup was coming. We didn’t.”

She spoke of facing health issues before they went.

“I sing on the worship team. Worship really speaks to my soul,” she stated.

“After the coup happened, I was asked to go share my testimony at a church there,” Lawrence continued. “We felt like the early church. We felt like we were in the Old Testament. We were tramping through the sand. The whole church, everyone was one accord. It was after the coup had happened. Had we left we would not have experienced it.”

 “We were able to tune into our local church service and worship with you” while at a home in Niger, she shared with the congregation. “It’s that one accord. God’s got you in the palm of his hand. That was what was so life changing about this trip.”

Margret Rickli shared next, saying, “This is my second year to go on the trip. I know on mission trips I hear God a little bit clearer. This one morning I heard very clear ‘wait’.”

“I’m a planner. I make my plans. My plan was to be home that week and set up my classroom. I was thinking ‘wait’? The plan was to be home. God spoke to me and said my plans are what’s best. This weight came off my back.”

She spoke of cleaning and organizing the classrooms in Naimey.

“I would have never had that experience had I not been there,” Rickli stated.

“A group of girls came running up to me and I said those are my girls,” she continued. “My family was back here…sometimes at 3 and 4 in the morning I was on the phone with them.”

They set up her classroom back here.

“That’s one of the ways God showed me the waiting,” Rickli shared. “God was not just working in us, there he was working in you. I just needed to see, let go, let God. Be patient. I just thank Him for that opportunity, this year.”

Scott Wells, Holly Heyer’s father and Madison’s grandfather shared next saying, “What I learned is God can use you no matter how old you are.”

“We’re missing someone up here. Maddy’s back at college,” he continued. “My wife stayed home. Sheila (his other daughter who lives in southern California) came up and stayed with her.”

“We worked. We couldn’t go home. We prayed. We worshiped every morning,” Wells said. “We said, ‘OK, God. We’re here, what do you want us to do?’”

“I was a teacher, a principal for 41 years and that’s what we did,” he stated. “It was familiar to me to go to the school every day…and fix desks. We worked for the Lord.”

“Whatever you do, work at it with all your heart, as working for the Lord…for it is the Lord Christ you are serving,” Wells said quoting Colossians 3:23-24.

“It was a blessing to me just to help that school. We got to do a little part to help them for that school year coming up,” he added.

Holly Heyer, Wells’ daughter and Madison’s mother shared last saying, “We were a trio. Dad, me and Madison. But this team is my family. We lived that way for a while.”

“Our bonus time we were there, as we called it…some of us were scared. I never felt more peaceful in my life,” she continued. “We’re here. We’re working together and we felt the peace of God. I know that was from your prayers, here.”

“We were just praying. People were in random, different rooms. If a song came up to somebody, we were just singing. Praying for the preschool kids because this is where they’re going to meet Jesus,” Heyer said. “It was a blessing for us just to be praying for the kids. They’re just the same people. They have a school, it’s just in Niger. I got to pray for them. I got to see some of the kids. They’re so precious. I wanted to bring them home with us.”

“Scraping gum for Jesus,” she said with a chuckle.

Bobbi Jennings shared about their trip home.

“We land in Washington DC. We’re all still together. Then the separation starts,” she stated. “We came as a team. We wanted to leave us a team. But that was not to be. It was hard. Steve and Maria were frantically trying to get flights for us. So, we went in four groups. I wanted to be with our team, with our family. It was on the last flight, that last plane in Texas we were able to be together.”

She and Elidia were together on the flight. They were able to get into the cockpit and take a photo with the pilots after sharing about their trip and photos.

“I said, ‘you know, you’re our final flight home. Can I pray over you?’ So, I prayed over our pilots,” Jennings said. “I said, ‘when I get home, I’m going to get down on the ground and kiss it’ and I did.”

“I give all the thanks and glory to God,” she added.

Pastor Steve closed out the sharing time and service saying, “I have to say thank you to you and to Hannah (Foster) and Logan (Heyer). I think they lost more sleep than we did.”

“We all had a part in this. My mom in Texas went to her Senator’s office,” he continued. “There’s nothing better than to be a part of the family of God. We had people back home working their tails off. I just want to thank you.”

“We are on a mission and Antioch needs us. And the Lord has placed us here for a reason,” Miner stated. “We’re going to be strong abroad. But we’re going to be really strong, here…where we live. We’re going to get after it.”

College Student Madison Heyer Shares About Her First International Trip

When reached for comment about her experience, Madison Heyer, a 2022 graduate of Cornerstone Christian High School said, “When everything went haywire with the coup, I was thinking, this is a bummer, I have to get home and get back to school. But I had to rethink and change my heart and determine what the Lord wanted me to do. I thought, ‘you have to go where the Lord wants you to go and do’.”

She’s a sophomore at California Baptist University and a Resident Assistant in one of the apartment complexes on campus which required her to return before school starts September 5th. Madison is studying elementary education, following in her grandfather’s, grandmother’s, dad’s, mom’s and older sisters’ footsteps who have all been or are currently educators. She’s also minoring in Christian Studies.

About her trip experience Madison said, “the whole time, I was really excited to go, it was VBS (Vacation Bible School) and something I wanted to do for my career. I was doing the most as possible since I was the kid. No one required me to. But I wanted to be as helpful as I could.”

“This was my first international trip and what a story,” she exclaimed.

“My first thought was disbelief. Especially with the missionaries (Pastor Neil and Dannette Childs) who are there,” Madison shared. “With the news, there, it isn’t always accurate. It was initial fear. Then lots of questions came to mind. How was I going to get back to school? Are we able to fly home? Can we finish Vacation Bible School?”

“I was thinking, I’m going to finish that VBS program, then decide what else to do,” she continued. “We rallied around with the team and prayed. Pastor Steve was really great. We didn’t let the kids know about the coup.”

They did finish the VBS and “we ended up deciding to help even more to get the school ready for when the school year starts in October,” Madison shared.

“I was helping out the same way (as the others on the team), cleaning the classrooms. What I did, specifically was scrape the gum off the floor,” she said with a laugh. “I did a lot of sweeping. I was happy to do it.”

“I was communicating with my boyfriend (who is a student at CBU) through Whatsapp, and he was kind of freaking out. So, he called the White House,” Madison shared with another laugh.

About the trip home she said, “That was one of the scariest points. We were in the airport, and we could see the plane. They said, ‘we don’t have any gas for this plane’. So, I was praying a lot about that. Then we got on the plane, and they said we have enough gas to get to France. That was such a relief.”

Asked about her future plans and what she wants to do with her degree Madison responded, “I’ll go on mission trips in the future. That’s what the Lord has called me to do. I have a strong call for missions. I want to teach overseas, probably teach missionaries’ kids. Teach children in different countries, especially about Jesus.”

“With my mom being there, that was a blessing. It was such a comfort. So was my grandpa. It was so exciting being there with her. It’s something my siblings didn’t get to do. She’s truly amazing,” Madison stated.

“The Lord is faithful, and I knew he was going to get us home,” she added.

Pastor Steve Thanks Senator, Congressman

During the previous week’s service, Pastor Steve offered thanks to those who helped the team leave Niger and return home.

“First of all, I am so grateful to be part of such an incredible family. The support and efforts from people back home have been incredible. We would not be home today if it were not for their prayer and actions,” he said. “Hannah and Logan galvanized so many people into action including our government. If it wasn’t for our people making them aware there is no way they would know we were even there.”

“And I am grateful that Senator Feinstein’s and Rep. Garamendi’s offices listened and went into action,” the pastor continued. “When the State Department called me in Niger to tell me they were going to take our team, I thanked him and he said, ‘You can thank your congressmen and senator for this’. So, I am grateful that they truly did represent their constituents.”

“I hope everyone can experience the power of Jesus through a healthy church as we during this crisis. If everyone did we would have less coups in the world!” he added.

For more information about Cornerstone Christian Center and School visit their websites at cornerstoneantioch.com and www.cornerstonechristianschool.net.

Press conference held on arrests, indictments of 3 current, 3 former APD, 3 former Pittsburg and 1 Oakland Housing Authority cops; face up to 10 to 20 years in prison and $250,000 to $500,000 in fines

Three Antioch officers charged with civil rights crimes for their alleged conspiracy to use unnecessary force in deploying munitions and a police K-9

“This is a complicated investigation. These always are.” – U.S. Attorney Ismail Ramsey – “Every defendant is assumed innocent until proven guilty in a court of law. No defendant is charged with all the charges in all the conduct.”

By Allen D. Payton

U.S. Attorney for the Northern California District Ismail Ramsey in his first press conference in San Francisco and Special Agent in Charge of the FBI San Francisco Division Robert Tripp, shared information about the 10 current and former Antioch and Pittsburg Police officers who were arrested this morning on multiple charges. It follows the four indictments issued by the federal Grand Jury, yesterday and which were unsealed, today.

Joining Ramsey and Tripp at the press conference were Contra Chief Assistant District Attorney Simon O’Connell and several members of the prosecution team, Laura Vartain, Chief of the U.S. Department of Justice Northern California Special Prosecution Unit including Alethea Sargent, Assistant U.S. Attorney, Criminal Division, Eric Cheng Assistant U.S. Attorney, Special Prosecutions, and Assistant U.S. Attorney Ajay Krishnamurthy.

Indicted and arrested are current Antioch officers Morteza Amiri, Eric Allen Rombough and Community Service Officer Samantha Genoveva Peterson, former APD officers Daniel James Harris, Devon Christopher Wenger and Timothy Allen Manly Williams, as well as former Pittsburg officers Amanda Carmella Theodosy (aka Nash), Patrick James Berhan and Ernesto Juan Mejia-Orozco, and Oakland Housing Authority officer and Brauli Rodriguez Jalapa.

After a year-and-a-half investigation by the FBI and Contra Costa DA’s Office for what were referred to as “crimes of moral turpitude”, committed by the current and former officers were finally described. Ramsey said they include conspiracy to violate civil rights, conspiracy to commit wire fraud, distributing anabolic steroids, obstruction and civil rights violations.

“Every defendant is assumed innocent until proven guilty beyond a reasonable doubt in a court of law. No defendant is charged with all the charges in all the conduct,” he stated.

Ramsey then described the four indictments against the officers.

The first he labeled the “college degree benefits fraud indictment” in which “officers sought to defraud the Antioch and Pittsburg Police Departments. They hired people to attend classes and take exams for them. They conspired…to reap the financial benefits without putting in the work.”

“Two defendants are charged with distributing anabolic steroids,” Ramsey continued. “One of the two defendants destroyed evidence. Those are former Antioch officers Daniel Harris and Devon Wenger.

“One defendant is charged with obstruction indictment,” he continued. “A police officer destroyed, altered evidence to obstruct a federal investigation…monitored a wiretap. He used his own personal phone to call a defendant in the wiretap.” That refers to former Antioch officer Timothy Allen Manly Williams.

Ramsey said he is “Also charged with a civil rights violation in confiscating a citizen’s phone and destroying it to conceal evidence.”

The fourth he referred to as the “deprivations of rights indictment…a 29-page indictment of three officers in the Antioch Police Department.” They include the “improper deployment of canines and weapons to harm individuals in and around Antioch. They boasted about illegal use of force and texted photos of injured individuals,” Ramsey said. That indictment includes current officers Morteza Amiri, Eric Allen Rombough and Wenger.

He referred to them as “a group of officers who acted is if they were above the law. They tried to escape scrutiny by failing to submit truthful reports and deploy body warn cameras.”

Asked later about that claim since Antioch officers didn’t have body worn cameras during the time period of their alleged crimes, DOJ Nor Cal spokesman Abraham Simmons responded, “I am certain he is referencing the allegations actually in the indictments. I can look again at the indictments.”

“Officers take an oath,” Ramsey continued during the press conference. “The indictments paint a picture, today that demonstrate officers who have violated that oath.

“All officers indicted have been arrested,” he added and thanked those involved including CCDA Becton.

FBI Special Agent in Charge Tripp said, they “arrested nine subjects. All are or were associated with the Pittsburg or Antioch Police Departments. Three were current employees who had been placed on administrative leave.”

The arrests were made in “the Bay Area, Hawaii and Texas” and “more than 100 law enforcement employees participated,” he stated.

Tripp said it was the result of “more than two years of painstaking work.” 

“The FBI treated these arrests like any other operation,” he said. “We used the same techniques and assessed the risks.

“This case has been the SF Field Office’s top priority,” Tripp continued. “We use the term color of law for the shorthand of someone using their official position to undermine public confidence in the law and undermine the fundamental rights of our citizens.”

“Color of law violations will not be tolerated. Not all indictments are color of law violations. Any breach of the public trust is unacceptable. Nobody is above the law,” he stated.

In response to a question from a member of the media “will more indictments be coming down,” Ramsey said, “The investigation is still continuing,” Ramsey said.

Asked “can we expect any state charges?” he said. “We’re here to comment on our charges. The investigation on the federal side is continuing. We are now at the point where we have indictments returned and individuals in custody.”

Asked where the court cases will be held Ramsey said, “This case is venued in Oakland. There have been numerous hearings today. The schedule for additional appearances is being worked out.”

Asked about those arrested in Texas and Hawaii Ramsey said, “The arraignments for those will happen in the districts where they were arrested. They then have to…be brought to here, to address the charges on this case.”

“Civil rights violations under the color of law are a priority…of my office and the FBI’s,” he stated

Asked about the text messages he responded, “As laid out in the indictment there’s a series of text messages…in which officers are bragging about violating citizens’ civil rights and texting photos of citizens. We believe these are egregious and has led to these charges. This is a complicated investigation. These always are. We have four of the ASA’s who worked tirelessly on this case. They’re prepared to take steps necessary to prosecute.”

“Civil rights violations are a unique priority of ours. I don’t want you to think steroid distribution or wire fraud are not serious. They’re federal violations,” Ramsey added.

Press Release Offers Additional Details in Indictments

A press release labeled “Bad Apples Indictment” was issued later Thursday with additional details about the indictments:

At the press conference, U.S. Attorney Ramsey referred to the first indictment as the “college degree benefits fraud indictment.” According to the indictment, six defendants engaged in a conspiracy to defraud police departments out of taxpayer dollars, including the Antioch and Pittsburg Police Departments, by claiming they had earned college credits toward degrees when, instead, they paid others to attend classes and take exams for them. Specifically, beginning in June of 2019, Officer Patrick James Berhan of the Pittsburg Police Department utilized a person identified as “Individual 1” to complete multiple college courses on his behalf.  The courses were credited toward Berhan’s completion of a Bachelor of Science degree in Criminal Justice. Berhan allegedly received a degree and then applied for and received reimbursements and increases to his pay from Pittsburg Police Department.  Further, the indictment alleges Berhan “promoted Individual 1’s services” and “benefited from payments received by Individual 1 in furtherance of the scheme.”  The indictment describes how five other members of the police departments retained Individual 1 to complete similar coursework from the university.  Each paid money to Individual 1, obtained a degree based on the fraudulent coursework, and applied for benefits including reimbursements and increases in pay from their law enforcement employer.

The second indictment charges two defendants with conspiring to distribute anabolic steroids.  The indictment describes how Officers Daniel Harris and Devon Wenger, both of the Antioch Police Department, allegedly conspired illegally to distribute the drugs to an unnamed customer.  The indictment also alleges that Harris possessed and attempted to possess the drugs, and that Wenger attempted to delete evidence of the scheme from his cellular phone prior to handing the phone over to law enforcement officers. 

The third indictment charges a single defendant, Timothy Allen Manly Williams (Manly), also then with the Antioch Police Department, with three charges—two involving alleged interference with a wiretap investigation and the third involving the illegal seizure and destruction of a telephone.  The indictment alleges that on March 23, 2021, Manly was assigned to a “wire room” where, pursuant to a court order, he was supposed to monitor communications between a target and others who contacted the target by telephone.  While monitoring the target, Manly allegedly used his personal cellphone, dialed a special code to ensure his number would not appear to others, and called a target of the investigation.  After dialing the number, Manly also designated his call to the target to be “non-pertinent” ensuring the 14-second conversation would not be recorded.  Manly also allegedly made entries on the wire logs to suggest that the call he made resulted in no answer and no audio.  The indictment further alleges that on May 6, 2021, Manly was on the scene when another officer deployed a police dog when arresting a person. Upon seeing a witness using a cellular telephone to record the aftermath of the incident, Manly allegedly seized the witness’s telephone and destroyed it.

The fourth indictment charges three Antioch police officers—Morteza Amiri, Eric Rombough, and Devon Wenger—with conspiracy against rights and deprivation of rights under color of law.  The 29-page indictment describes how the defendants allegedly communicated with each other and others about using and intending to use excessive force against individuals in and around Antioch.  The uses of excessive force included deployment of a K9, deployment of a 40mm “less lethal” launcher, and other unnecessary violence.  Further, the indictment alleges that the defendants deployed uses of force as “punishment” to subjects “beyond any punishment appropriately imposed by the criminal justice system,” and allegedly made repeated reference to or suggestion of violating the civil rights of their victims.  Examples in the indictment include the following:

• On July 24, 2019, Amiri allegedly pulled over a bicyclist, identified as A.A., for failing to have lights on after dark.  The indictment alleges that “[i]n the course of apprehending A.A., Amiri punched him multiple times; K9 Purcy then bit A.A. in the arm, injuring him.”  Amiri then shared pictures of the victim’s wounds with other Antioch police officers who exchanged text messages including: “Yeah buddy good boy pursy,” “F[expletive] that turd,” and Amiri later stated “Detectives already called PRCS and got him a 45 day violation and we are gonna leave it at that so i don’t have to go to court for the bite. easy.”  In response to a question from another officer about what cut the dog’s face, Amiri responded, “that’s a piece of the suspect’s flesh lol.” 
• On October 8, 2020, Amiri allegedly sent a text message identifying a transient living in Antioch identified as M.Z. stating “anyone that finds him gets code [a free meal or beverage].  This f[expletive] stole my mail and was trying to open accounts under my name.” Wenger responded “Lets beat his f[expletive] ass I’m down after work morty” According to the indictment, the recipients of Amiri’s message located M.Z. later that evening. Amiri then arrived on the scene, shoved M.Z. against a wall and threatened to kill him. The indictment also alleges that a few months later Amiri texted another group of officers in reference to M.Z., “few months ago, I tracked him down and dragged him to the back of a car to ‘discuss’ the matter,” and “putting a pistol in someone’s mouth and telling them to stop stealing isn’t illegal. . .  it’s an act of public service to prevent further victims of crimes” 
• On May 5, 2021, Rombough accompanied other Antioch police officers who responded to a report that transients were living inside a privately-owned unit.  While responding, Rombough and another officer located a couple lying on a bed inside a room.  Rombough deployed a 40mm less lethal launcher at one of the persons on the bed, hitting them in the chest and knocking them off the bed. 
• On August 24, 2021, Rombough accompanied other Antioch police officers as they executed a search warrant at a residence in Antioch.  Officers located a subject—identified as J.W.—inside a locked bedroom holding a video game controller while sitting on an air mattress, with a video game on a television screen.  J.W. removed a pair of headphones and raised his hands as officers, including Rombough, entered the room.  One officer took J.W.’s left arm to arrest him as four other officers surrounded J.W.  As the other officer held J.W.’s left arm on the bed, Rombough deployed the 40mm less lethal launcher at J.W., injuring him. 

The indictment describes several other incidents of excessive force as well as the collection and sharing of pictures to memorialize acts of violence and the collection by defendant Rombough of spent munitions to commemorate his deployment of the 40mm launcher. 

An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. 

The indictments charge the following defendants with crimes as follows:

In addition, as part of any sentence following conviction, the court may order defendants to serve an additional term of supervised release to begin after a prison term as well as additional fines, and restitution, if appropriate.  Any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

The case is being prosecuted by the Special Prosecutions Section and Oakland Branch of the United States Attorney’s Office. The prosecution is the result of an investigation by the FBI and the Office of the District Attorney of Contra Costa County.

Further Information:

Case #s:

23 CR 264 JSW

DEFENDANT(S)

PATRICK JAMES BERHAN,

MORTEZA AMIRI,

AMANDA CARMELLA THEODOSY,

a/k/a AMANDA CARMELLA NASH,

SAMANTHA GENOVEVA PETERSON,

ERNESTO JUAN MEJIA-OROZCO, and

BRAULI RODRIGUEZ JALAPA

INDICTMENT

18 U.S.C. § 1349 – Conspiracy to Commit Wire Fraud (one count)

18 U.S.C. § 1343 – Wire Fraud (six counts)

18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c) – Forfeiture Allegation

23 CR 267 YGR

DEFENDANT(S)

TIMOTHY ALLEN MANLY WILLIAMS

INDICTMENT

18 U.S.C. § 1519 – Destruction, Alteration, and Falsification of Records in Federal Investigations;

18 U.S.C. § 1512(c)(2) – Obstruction of Official Proceedings;

18 U.S.C. § 242 – Deprivation of Rights Under Color of Law

23 CR 268 HSG

DEFENDANT(S)

DANIEL JAMES HARRIS and

DEVON CHRISTOPHER WENGER

INDICTMENT

21 U.S.C. §§ 846, 841(a)(1), and (b)(1)(E)(i) – Conspiracy to Distribute and Possess with Intent to Distribute Anabolic Steroids;

21 U.S.C. §§ 846, 841(a)(1), and (b)(1)(E)(i) – Attempted Possession with Intent to Distribute Anabolic Steroids;

21 U.S.C. §§ 841(a)(1) and (b)(1)(E)(i) – Possession with Intent to Distribute Anabolic Steroids;

18 U.S.C. § 1519 – Destruction, Alteration, and Falsification of Records in Federal Investigations

21 U.S.C. § 853 – Forfeiture Allegation

23 CR 269 AMO

DEFENDANT(S)

MORTEZA AMIRI,

ERIC ALLEN ROMBOUGH, and

DEVON CHRISTOPHER WENGER

INDICTMENT

18 U.S.C. § 241 – Conspiracy Against Rights (one count)

18 U.S.C. § 242 – Deprivation of Rights Under Color of Law (seven counts)

18 U.S.C. § 1519 – Destruction, Alteration, and Falsification of Records in Federal Investigations (one count)

A copy of this press release will be placed on the U.S. Attorney’s Office’s website at www.usdoj.gov/usao/can.

Electronic court filings and further procedural and docket information are available at https://ecf.cand.uscourts.gov/cgi-bin/login.pl.

Judges’ calendars with schedules for upcoming court hearings can be viewed on the court’s website at www.cand.uscourts.gov.

“Police officers promise to enforce laws for the protection of the public and to protect the rights of the accused,” said U.S. Attorney Ramsey. “That is the job.  The indictments describe officers who are alleged to have violated this oath. When this happens, the damage done to the public trust cannot easily be calculated.  This office will not rest until all persons who have engaged in this sort of behavior are apprehended and prosecuted.” 

“This case is one of the highest priorities for the San Francisco Field Office,” said FBI Special Agent in Charge Tripp. “Law enforcement officers bear a tremendous responsibility to police our communities lawfully in keeping with the constitution, and we must always be true to that guiding principle. I want to extend my sincere appreciation to the FBI agents, analysts, and law enforcement partners who worked tirelessly on this case and whose efforts culminated in the operations today.”

At least one arrest occurred at 5 a.m. waking neighbors

By Allen D. Payton

Mike Rains and his law office represents the Antioch Police Officers Association and one of the eight current or former officers indicted yesterday by the Federal Grand Jury in San Francisco and arrested, this morning. But he says the arrest and the way it occurred with the FBI raids on his client’s and the other officers’ homes was unnecessary.

In an NBC Bay Area news report earlier Thursday, “Rains said the FBI agents, including some from Southern California, used a flash bang and bullhorns during the “forcible arrest” of his client, adding the officer would have surrendered if asked.”

In addition, a neighbor of one of the officers posted a comment on Facebook writing, “One happened right in front of my house. Ring camera caught the whole thing. Needless to say we all woke up at 5 am today lol.”

When reached about the arrests and in response to which Antioch officer he represents Rains said, “Our office represents (Officer Morteza) Amiri, myself and Julia Fox. Amiri is named in two indictments. He clearly has the most counts.”

Asked why the arrests and raids instead of allowing the officers to turn themselves in Rains responded, “That’s all they needed to do. They’ve been in touch with us repeatedly. Assistant U.S. Attorney Eric Cheng and I have talked on the phone at least 10 times about other Antioch officers they wanted to testify at the Grand Jury. So, we knew they were running a grand jury. All the officers have been cooperating.”

“They know we’re responsible lawyers…we have control over Amiri,” his attorney continued. “While on administrative leave he’s been required to call in to the department every single day. There’s no way they had to do this showboating with flashbangs and the other nonsense they pulled today.”

Asked where his client was arrested Rains said, “Amiri was in California at home.”

Although, Special Agent in Charge of the FBI San Francisco Division Robert Tripp said during today’s press conference, “The FBI treated these arrests like any other operation. We used the same techniques and assessed the risks,” Rains disagreed.

“Of course, they didn’t need to do it. It was completely unnecessary and overblown,” the attorney reiterated. “They needed to do that? Give me a break. It was stupid.”

Amiri was hired by the Antioch Police Department in November 2017 as a lateral transfer from the Brentwood Police Department where he had three years of experience. He now faces multiple charges including one count of Conspiracy Against Rights, seven counts of Deprivation of Rights Under Color of Law, one count of Destruction, Alteration, and Falsification of Records in Federal Investigations, one count of Conspiracy to Commit Wire Fraud, six counts of Wire Fraud and a Forfeiture Allegation.

Amiri is still currently employed by APD and on paid administrative leave.

The officers are now being held in a federal detention center in Oakland, according to Rains, NBC Bay Area news reported.