Report released to defense on attorneys on Monday, Mercury News obtained, reported on it; DA’s office redacting report before releasing to other media

By Allen D. Payton

Following the release to defense attorneys on Monday, April 10, 2023, of the 21-page report of racist and offensive texts by Antioch Police Officers, which was obtained and reported on by the Mercury News on Tuesday, Contra Costa Public Defender Ellen McDonnell issued a statement calling on D.A. Diana Becton to pause all criminal filings and current prosecutions involving the department.

“I have reviewed these text messages, they are abhorrent and reprehensible. They reveal an entrenched culture of hatred, racism, homophobia, misogyny, and violence throughout the Antioch Police Department,” McDonnell wrote, “The racist, homophobic, and violent behavior of these officers will impact thousands and thousands of criminal cases including pending cases and past convictions related to the Antioch Police Department.  I have reached out to District Attorney Becton and asked that she immediately pause all criminal filings and current prosecutions involving the Antioch Police Department.  I have also requested that her office evaluate pending Antioch cases for immediate dismissal, and that they begin a comprehensive review of the many thousands of Antioch Police Department related convictions to determine which cases should be dismissed.”

“These racist text messages and the continued disclosures regarding the Antioch Police Department expose a pervasive and troubling culture which should undermine any reliance on the credibility of officers from the force,” she continued. “These text messages clearly constitute textbook violations of the California Racial Justice Act. Our office will initiate a widespread review of all cases involving the Antioch Police Department and will immediately begin seeking justice for those targeted by these officers.”

The unredacted text messages were released to the Times by attorneys for the defendants in the murder case currently being adjudicated in Contra Costa Superior Court, but not to other media. According to Contra Costa DA’s Office PIO Ted Asregadoo they will be released to the media once they’ve been redacted.

“Per Judge Clare Maier’s order on Friday, we did disclose the investigative reports in the Pugh, Windom, et al case. These are unredacted reports and they were delivered on Monday,” he wrote. “Judge Maeir’s order also specified that redacted reports could be released. We are in the process of redacting the information in the reports ordered by the judge and will notify the press when those reports are available and how to obtain them.”

City has 83 vacancies; will restructure Police Crime Prevention Commission; Thorpe claims Barbanica, Ogorchock, others are siding with racism for opposing direct hire of police chief

By Allen D. Payton

During their meeting on Tuesday night, April 11, 2023, the Antioch City Council discussed the budget for Fiscal Years 2023-25 and the majority of members agreed to pursue a new ordinance for directly hiring the police chief. The council also decided to “reframe” the Police Crime Prevention Commission rather than disbanding it.

Budget Workshop

During the Budget Workshop before the regular meeting, Acting City Manager Forrest Ebbs reminded the council “the City is facing a $6 million deficit in the coming fiscal year.”

Finance Director Dawn Merchant said that there were “83 vacancies citywide” in staff, providing savings for the budget.

The council directed staff to return with three options for using Budget Stabilization Funds of zero, $3 million and $4 million to balance the budget.

Police Crime Prevention Commission to Be Reframed

Rather than disband it the council decided to “reframe” the Police Crime Prevention Commission. Mayor Pro Tem Tamisha Torres-Walker volunteered to help lead the discussion. The matter will be brought back to the council for future decision.

Moves Forward With Directly Hiring Police Chief

During public comments on the matter of the council directly hiring the police chief, one resident spoke in favor, another, Melissa Case, said she was torn since the mayor has “a tendency to micromanage”.

Sandy Hartrick said she was concerned about the “checks and balances” if the council hires the police chief. “With that, no one group has all the power. If you take over the hiring and management of the police department you will have all the power.” She also shared concern that the council is moving away toward a Charter City form of government.

“Chief Ford is doing a great job. He’s working hard to change the culture,” Hartrick continued.

Another resident, Ron Mohammed said, “I’m not quite clear…in terms of the authority and how that would look. Communication between the council and the chief would be great. But I think it’s wrong Chief Ford has to fall on the sword for all the things that happened before. The micromanaging is not said when they talk about…the city manager.”

Resident Ralph Hernandez spoke next saying, “definitely, no. I do not agree with the change that is proposed. Unfortunately, tonight, you have a lot of people that have a misunderstanding of law enforcement. In fact, the council majority are too busy in their lives…they voted to take on secretaries. Now, they want to take on hiring the chief. You need to be very specific with the city manager when hiring the police chief comes up, and what you’re looking for.”

“Taking it away from the city manager. What’s next, taking away the Public Works Director, the Recreation manager?” he asked.

“I’m here to celebrate democracy. We the people elected you,” Patricia Granados said. “I would feel confident and trusting in our city council making decisions like this. Maybe even some federal oversight to put in their two cents in what is the reasoning for getting hired and getting fired.”

“I do want to clarify…in 2020, we agreed to changing the hiring process for the chief of police,” Mayor Lamar Thorpe said. “I was a huge advocate that the contract was ratified by the city council. The City Attorney said we can’t do that. It’s either one or the other.”

“Every decision made in this room is made by three. Quit believing what the blogs are telling you. It’s trash,” Thorpe said, while raising his voice. “This is not about Chief Ford, it’s about a process that started back in 2020. So, stop personalizing it.”

“OK. Bring it down a notch,” Mayor Pro Tem Tamisha Torres-Walker said with a laugh. 

“I do remember discussing this in detail,” she said. “It’s just been my experience working in public policy for the past 14 years, city managers are not the check and balance…which is their job. The chief of police runs a department that is to be managed and sometime micromanaged by the city manager. And when the city manager fails for over a decade…is what got us here. It is within the authority of this body to make this change. We won’t be running the police department because we hire the police chief. We will be managing directly the individual who is supposed to be running the police department for transparency and accountability sake which has not happened for over a decade.”

“When we hired Cornelius Johnson, I didn’t want to give him the authority to hire and fire. But we have to give each person a chance. We gave Chief Ford a chance,” Torres-Walker said. “This isn’t the only move in light of transparency we need to make. I hope that Chief Steven Ford agrees to stay because this is necessary.”

“I think this is a mistake…because the police department is not an extension of a political arm,” said District 2 Councilman Mike Barbanica. “The city manager needs to be a buffer between politicians and enforcing law. This won’t be just this council it will set policy for years and years to come. It’s not about Chief Ford it’s about the office of the Chief of Police. I think this is a mistake and I do not support it.”

“Yeah, and it’s that buffer that got us to where we are, today,” District 4 Councilwoman Monica Wilson shot back to applause from the audience. “A couple weeks ago I was on the fence about this. But in light of events over weeks…and today with the texts, it’s obvious there needs to be that line with the Chief of Police. Because that buffer didn’t work.”

“I’ve been through five city managers and the buffer is not working,” she added.

“If this is the will of the council majority how will this affect Chief Ford,” District 3 Councilwoman Lori Ogorchock asked City Attorney Thomas L. Smith.

“If you want to give direction to change the structure, we would come back with an ordinance,” Smith responded. “Once the ordinance is passed…the impact it has on an individual police chief…if there is a contract in place, we would have to look at how that would interact with the ordinance.”

“I am not for this,” Ogorchock said. “We’ve never had the accountability with the police chief, before. I’m for that type of vision before anything else.”

“Even if you got a report every six months you wouldn’t have any authority,” Torres-Walker responded.

Thorpe spoke last saying, “I’m for this. I’ve always been for this. The choice is really simple. Either we do this or stay on the side of racism. Come back with an ordinance please.”

All police officers not given performance evaluation since 2017; Thorpe takes swipe at two officers, former Mayor Wright; Wilson apologizes for trusting past police chiefs

By Allen D. Payton

During their meeting on Tuesday, April 11, 2023, the Antioch City Council received the 2022 Annual Police Department Update from Chief Steve Ford. He informed the council and public that there are 99 filled sworn officer positions on the force out of a total of 115 authorized by the council, 61 on full-duty status, 38 assigned to patrol and seven in the academy.

“We’re going to be OK. We’re going to do the work and keep the city safe,” Ford stated.

The Chief also reported that the new Shot Spotter system has been installed as of March 15th “for mitigating gun violence”.

“We’ve had 84 since installation, that’s four per day,” he shared. “That shows you how much gun play we have in this city.”

“The first part of the puzzle is that we have good relationships with the people we serve,” Ford said.

“The police alone can’t keep this community safe,” he continued. “Without community support, without the community serving as most valuable resource.”

“Since my tenure as of April 23, 2022 we’ve been very intentional in changing” several areas, he explained.

He spoke of putting all officers through a Blue Courage course. “It’s going to be a top-down approach to enhancing our officers’ capacity. We have to have the right mindset and heart set to do this work.”

“We’ve revitalized our PAL program,” Ford continued.

He concluded his report speaking of revitalizing the public information officer position and launched the public surveys partnering with Zen City.

Council Members Question Chief Ford

“I have to apologize for this community because me, in my naivete made me turn my head thinking this was going to get done. Here we are on police chief number four,” Wilson stated. “What I do want to see is a game plan going forward. I want to see a lot of what you addressed. Racial bias and misconduct. I want to see this follow up report every three-to-six months come before Council. So, I will be apprised. I know Chief Ford, you’ve come into a lot and you have a lot to get done. My expectations will be high. I haven’t heard a plan going forward so people don’t die unnecessarily.

“I also want to say to some people…some people came in with their pre-story in their head these three members on council don’t want the police department to do well. We want the department to do well. I stand up here, proudly, of the work I’ve done up here. Never again am I going to hear ‘she’s weak’ because I’m up here not screaming. My father taught me, ‘still waters run deep’. You don’t have to be the loudest person in this room.”

“I want a plan of action and how we’re dealing with these individuals who said these ungodly things,” she said to Chief Ford.

“We have 18 compliance measures (from the DOJ) to make sure we’re doing what we’re supposed to do,” Ford responded. “I will do everything I can to reframe this department. How things are done politically in this organization. The organization will tell you since I’ve been there, I’ve been very intentional in ensuring organizational change. It takes five to seven years.”

“If you guys would like I can give you the full departmental plan…three goals, 15 strategies,” he stated.

“This is something that has been here long before the four chiefs. This has been festering for years,” District 4 Councilwoman Monica Wilson stated.

“I’m here, now. I’ll own it and I’ll fix it,” Ford stated.

“Thank you, Chief Ford,” Torres-Walker said then pointed out several items in his update that she appreciated.

“You have…arrest statistics for 2022,” she said, requesting more details. “Not every felony offense is a violent crime.”

“Our top 10 calls for service have nothing do with violent crime,” she stated.

“I appreciate the phone policy,” Torres-Walker said. “It’s too late for those other officers.”

“I know you said it’s going to take several years to implement and that most of us won’t be here to see it,” she added.

Mayor Lamar Thorpe was last to ask the chief questions, wanting to know how the department handled patrol with the lack of staffing.

“We collapsed the Swing Watch. We recently went to a 12-hour shift. The overlap is an hour on each side,” Ford responded.

Thorpe asked about investigations of complaints.

“Investigations should be timely and contemporaneous to the situation. You have one year window from the time the department receives a complaint…according to government code,” Ford responded. “If it’s a case that requires discipline, you can’t impose discipline after that one year has passed.”

“It’s up to the organization and the investigator to be diligent knowing we have that one year,” the chief continued.

“We haven’t had any complaints that have gone over a year since you’ve been here,” Thorpe asked.

“Not that I’m aware,” Ford responded.

Thorpe asked him who handles the investigations and Ford offered a list of officers, including Sgt. Lauren Bledsoe who is the vice president of the Antioch Police Officers Association.

Thorpe then asked about the police union and shared his concern that the organizations vice president was one of those who investigated his fellow officers.

Thorpe then asked about performance evaluations of officers saying, “Have we been evaluating our officers every year?”

“We’ve been trying to work with HR for a very long time…and to revamp the evaluations,” said Captain Trevor Schnitzius.

“When was the last time our officers were all evaluated?” Thorpe asked.

“If I had to make my best guess that would be 2017,” Schnitzius responded to groans from the audience.

“I’m glad to know this process is starting again,” Thorpe stated. “We need to make sure our officers are evaluated.”

“What steps are we taking on racial bias?” the mayor asked.

“That’s a cultural thing…and I’ve been working on that since I got here,” Ford responded.

“How are we collecting the data?” Thorpe asked about racial justice reporting.

“I don’t know. I can find out for you, sir,” Ford responded.

“You talked about transparency, I believe you,” Thorpe continued. “We really have to look at data.”

“We have a new policy around text messages,” the mayor said.

“Cell phones?” Ford asked.

“Yes, sir,” Thorpe responded. “You know, if we had Early Intervention Systems in place, we could have avoided a lot of this without terminations,” Thorpe stated. “I look forward to hearing more about that.”

“We can certainly give you an overview on that,” Ford said.

“We haven’t heard necessarily about these text messages…we’re talking about culture, here,” Thorpe stated. “We haven’t heard from command staff, and I know you’re limited in what you can say.”

City Attorney Thomas L. Smith the interrupted the two warning them, “I just want to make sure we’re not venturing into territory…and you giving your opinion on something currently under investigation.”

“I’ll ask the questions and you can decide whether you want to answer or not. I’ll leave it at that,” Thorpe then said. “We’ve got to manage up, too, that’s including the city council, too.”

“We had people protesting down Second Street about Michael Mellone and Steve Aiello,” the mayor said, referring to 2020 protests about two of the department’s sworn officers in leadership, and then took swipes at former Mayor Sean Wright who he defeated in 2020. “Our mayor ran from every chance to speak to the media. He hid out in his office from the protesters. At the end of the day, he was coordinating with the police union.”

By Allen D. Payton

At the beginning of the April 11, 2023 Antioch City Council meeting, City Attorney Thomas L. Smith reported out from Closed Session that on motion by Councilman Mike Barbanica and seconded by Councilwoman Lori Ogorchock the city council on a 3-2 vote authorized a settlement and severance with former Public Works Director and City Engineer John Samuelson. He will be paid $144,714.44 and a settlement of $100,000 for a total of $244,714.44. Councilwoman Monica Wilson voted yes, while Mayor Lamar Thorpe and Mayor Pro Tem Tamisha Torres-Walker voted no.

As previously reported, Samuelson was terminated on December 16, 2022 by City Manager Con Johnson. While he didn’t sue the City he threatened to do so for wrongful termination if they didn’t agree to settle with him.

When reached for comment Samuelson said, “Just grateful that council approved it and ready to move on to working with Pittsburg.” He is now that city’s Public Works Director-City Engineer.

Cancer Support Community San Francisco Bay Area (CSC) and BASS Cancer Center, a division of BASS Medical Group, have partnered to develop an automated patient screening process to identify and refer patients at an increased risk of depression, anxiety, and stress to free mental health services provided by Cancer Support Community.

This new referral process is now integrated into BASS Cancer Center’s electronic medical record system. Patients will automatically be provided information for CSC’s services when they indicate an increased risk of mental and emotional stress related to their cancer diagnosis.

“As many as three out of every four cancer survivors experience symptoms of psychological distress which can negatively impact clinical outcomes and quality of life,” says Rob Tufel, MSW, MPH, Chief Executive Officer of Cancer Support Community. “Unfortunately, fewer than 10% of patients are referred for support by their medical team. The lack of support is even more pronounced among cancer patients from communities of color and those who have lower incomes as well as older adults.”

CSC Board Member, Patricia Falconer, MBA, notes that “40% of Cancer patients experience financial hardship as a result of their diagnosis. This unique collaboration between CSC and community-based cancer providers is a model of how to increase patients’ access to vital support including financial assistance and navigation.”

This new screening tool was developed by the National Comprehensive Cancer Network––an alliance of 32 leading cancer centers devoted to patient care research, and education––and is designed to look for evidence of psychological, social, spiritual, and physical indicators that may interfere with one’s ability to cope effectively with cancer, its physical symptoms, and its treatment.

“As the number of cancer patients continue to increase, it is vital that we offer not only high-quality medical care but also comprehensive support,” explains Inez Wondeh, MPA, MBA, Chief Executive Officer of BASS Medical Group, “It was really important to us to develop a streamlined process to better address our patient’s needs and partnering with Cancer Support Community, who already provides excellent psychosocial services for patients and families at no cost, was a natural fit. This will make an incredible impact for our patients.”

CSC has locations in Antioch and Walnut Creek. To learn more visit cancersupport.net.

By Antioch Police Department

Team Antioch – Join us for an Open House and BBQ Party we are hosting on April 29th. The event will be held from 1:00 pm – 4:00 pm at the Antioch Police Department located at 300 ‘L’ Street.

We will have a DJ, photo booth, face painter (so bring the kiddos), police department tours, patrol vehicle and rescue vehicle displays, a drone demonstration, LUNCH, and Antioch Animal Services will have a display along with free pet adoptions.

We cannot wait to spend time with our community! You do not need to RSVP- just swing on by and hangout with us.

Will discuss future relevance of Police Crime Prevention Commission; Chief to give department’s annual 411 on 4-11

By Allen D. Payton

During their regular meeting on Tuesday, April 11, 2023, the Antioch City Council will consider a proposal to hire the next police chief directly instead of the city manager. They will also hear the 2022 Annual Police Department Update from Chief Steve Ford and discuss the “future relevance of the Police Crime Prevention Commission”, now that the council has formed a Police Oversight Commission.

Prior to their regular meeting at 7:00 p.m., the council will meet in Closed Session at 5:00 p.m. on an anticipated lawsuit and real estate negotiations with Con Fire for property located at E. 18th and Wilson Streets. That will be followed by a Budget Study Session at 5:30 p.m. in the Council Chambers at 200 H Street in Antioch’s historic, downtown Rivertown.

Police Chief Hiring by Council Discussion

According to the City staff report on the discussion of the council directly hiring the police chief (Item 5), “City councils are granted wide latitude in deciding how a city will be administered and

operated. The Government Code provides a city council with the statutory authority to appoint and remove the chief of police.”

Antioch currently has a council-manager form of government in which the city manager hires each of the department heads, including the police chief. The council is being asked to “provide direction to staff regarding whether to prepare an ordinance changing the organizational structure of the City’s administration by transferring, from the City Manager to the City Council, the authority to appoint, supervise, and remove the Chief of Police.”

The idea was proposed in 2021 by Mayor Lamar Thorpe, Mayor Pro Tem Tamisha Torres-Walker and District 4 Councilwoman Monica Wilson. Furthermore, according to the staff report, “At the November 23, 2021 meeting, former City Manager Ron Bernal prepared a staff report on the City’s “Police Chief Recruitment and Hiring Process”. Councilmember Barbanica made a motion to approve the policy prepared by City Manager Bernal. The motion was seconded by Councilmember Ogorchock, but it failed with only Councilmembers Barbanica and Ogorchock voting in favor of it. Mayor Pro Tem Wilson and Councilmember Torres-Walker voted against the motion. Mayor Thorpe was absent.”

But no additional action was taken on the proposal, until now, following the council placing City Manager Con Johnson on paid leave as well as the two investigations of police officers, one by the FBI and DA’s office for alleged “crimes of moral turpitude” and the other internal investigation for the recently reported alleged racist and other offensive text messages. (See related articles here, here, here and here)

According to the City’s contract with Ford, who started in his permanent position on October 23, 2022, it runs through October 22, 2027. Should the council direct staff to bring back a proposed ordinance for a vote and it was adopted, they could then terminate Ford’s contract.

However, if the council does so without cause, the chief must be given six months advance notice of his termination and following he would be paid a severance of his full salary for up to six months or until he finds “comparable employment” for which he is paid 75% or more of his current $256,272 annual salary plus benefits. If the council fires Ford for cause, then no advanced notice is required, and no severance is required to be paid.

Questions for Council Members

The five council members were asked why the matter is on Tuesday night’s agenda since Ford’s contract lasts until October 2027 and if there are plans to terminate him and hire his replacement. They were also asked, if so, would they pursue a nationwide search for a new police chief, as both Torres-Walker said she wanted, and Thorpe confirmed he would do for a new city manager.

District 3 Councilwoman Lori Ogorchock was the only one to respond prior to publication time. She wrote, “Item #5 was a shock to see on the agenda.

I have no intention of firing Chief Ford, nor do I have a desire to request for the Acting City Manager Ebbs to do so either. Chief Ford is doing an amazing job with all the obstacles being tossed at him. He comes to work daily with a positive attitude and a love for the City of Antioch. Chief Ford will handle all these distractions upon completion of the investigation.

We should remind ourselves not to convict individuals until all the facts have been discovered. So many times, we want to shout guilty before all the evidence is presented, we need not to do that.”

As previously reported, Torres-Walker recently offered her public support for Ford. In an April 6th post on her official Facebook page she wrote, “I trust…the Leadership of Chief Ford.”

The meeting can be viewed in person, where public comments can only be offered, or via livestream on the City’s website, on Comcast cable TV channel 24 or AT&T U-verse channel 99.

Please check back later for any updates to this report.

Following search in Antioch, arrest in Modesto

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

A Pittsburg man faces a four-count felony complaint related to the murder of a convenience store clerk on March 22nd. (See related articles here, here and here)

37-year-old Gregory Rossignon of Pittsburg has been charged by the Contra Costa District Attorney’s Office with the murder of 44-year-old Abdul Raouf. Rossignon also faces a charge of discharging a firearm with gross negligence, dissuading a witness by force or threats, and possession of a firearm with prior felony convictions. The murder charge comes with an enhancement for the intentional discharge of a weapon that killed Mr. Raouf and special allegations related to Rossignon’s prior felony offenses.

The incident occurred around 9:40 pm at the E-Z Stop Convenience Food shop on Power Avenue in Pittsburg. An argument between Rossignon’s girlfriend and another employee at the shop occurred. A short time after the disagreement between the clerk and Rossignon’s girlfriend, Rossignon entered the store and shot Raouf – who was not involved in the argument. He died at the scene. Police located and arrested Rossignon in Modesto on April 5th and booked him into the Martinez Detention Facility. His arraignment is set for April 10th in Martinez at 1:30 pm.

The Contra Costa District Attorney’s Office thanks the law enforcement and investigative work of the Pittsburg Police Department in this case.

Case No. 04-23-00555 | The People of the State of California vs. Rossignon, Gregory