Union president included; Thorpe wants review of all complaints over last 6 to 8 years

By Allen D. Payton

According to an East Bay Times article published Friday evening, April 7, 2023, Contra Costa Superior Court Judge Clare Maier, while adjudicating a felony case of suspects arrested by Antioch Police, released the names of 17 officers who are “accused of using racist slurs, jokes and memes in text messages over a period of more than two years.” In addition, Contra Costa District Attorney Diana Becton announced on Friday that the judge ruled to have the texts released to the defense in that case.

In response, Antioch Mayor Lamar Thorpe posted a Facebook Live video on his official page, Saturday afternoon, April 8, 2023, expressing his “profound disappointment” with the officers and called for an independent audit. He specifically called out the Antioch Police Officers Association (APOA) union president, Lt. Rick Hoffman for being included.

According to the Times’ report, the other officers named include Devon Wenger, Eric Rombough, Andrea Rodriguez, Calvin Prieto, Morteza Amiri who already have been placed on leave amid the FBI investigation. The list also includes Joshua Evans, Jonathan Adams, Scott Duggar, Robert Gerber, Thomas Smith, Brock Marcotte, Aaron Hughes, Brayton Milner, John Ramirez and Kyle Smith, as well as Tim Manly who resigned from the department.

Hoffman, Police Chief Steve Ford and department PIO Ashley Crandell were asked for the timeframe the texts were sent and for any other response. In addition, the APOA’s attorney, Mike Rains was also asked for a response to the situation.

Thorpe’s Remarks

After thanking those who offered their condolences for the recent passing of his father, reading from prepared remarks Thorpe said, “On Friday afternoon, Contra Costa Superior Court Judge Clare Maier released the names of 17 Antioch police officers who allegedly were unafraid to use racist language.

There are no words to express my profound disappointment especially given that one of the named officers serves as president of the Antioch Police Union.

While Antioch has worked hard to become one of the Bay Area’s most racially diverse cities, this will undoubtedly leave an embarrassing stain on our community.

The culture at the Antioch Police Department is a problem and has long been a huge legal and financial liability for the city, which is on full display today.

The culture at the department requires further exploration including how the hell all of this alleged misconduct could go on for so long without anyone on the command staff noticing– lieutenant and above.

Therefore, I’m calling for an independent investigation of the internal affairs process specifically looking at all complaints within the last six to eight years from the nature of complaints to their dispositions.

I am also seriously concerned about complaints that have not been investigated and are now outside of the statute of limitations. I want a complete review of that as well.

Moreover, we need a complete independent audit of our hiring and promotions practices so that the Council can implement measures to better root out individuals with certain biases. This idea was part of my original police reform package that I presented to the City Council in 2020 but has yet to be examined.

Lastly, our police-reform efforts to this point are missing the forest for the trees because this is about culture. I agree with Vice Mayor Tamisha Torres-Walker on conducting some kind of police equity audit of the Antioch Police Department to measure bias in our enforcement efforts and ultimately pursue measures that help eliminate racist policies, practices, and behaviors.

We will hold anyone accountable that has allowed this culture to continue whether you’ve been here for a year or 20 years, and regardless of your rank.

In my first 30 days in office, I had to deal with two in-custody deaths; in less than a year, a failed recall effort fueled by the idea of protecting the police department; then in year two I was hauled into the DA’s office to be briefed about a very serious FBI investigation of the Antioch Police Department; and now, on year three we’re dealing with alleged racism.

Our culture of acceptance is wrong. There are no ifs, ands, or buts about it.

The fact of the matter is that our goal of a strong police department will not materialize until every resident in our city regardless of race and socio-economic background can feel that they have a trusting relationship with our police officers.

If you’re a supporter of law enforcement, you should support these reforms as they help separate officers who are committed to the badge and have played by the rules and those who have no business being police officers.”

One thing the mayor said was incorrect. One of the two in-custody deaths he mentioned referred to Angelo Quinto’s. However, he died in the hospital three days after the incident with police and was not in police custody at the time. (See related article)

Mayor Pro Tem Torres-Walker Responds

In a post on her official Facebook page Saturday afternoon, Mayor Pro Tem Tamisha Torres-Walker shared a link to the Times’ article and wrote, “We can no longer be bystanders and action must be taken to correct this culture of racism and anti-blackness in policing starting with Antioch.

I haven’t seen any of the text messages referenced in this article and to be honest I’m not sure I want to. What I will say is that my peers on the City Council and the community at large should take these miscarriages of justice seriously.

I also want to take a moment to acknowledge those in the Antioch police department who work hard every day to provide none bias policing service to our community as public safety continues to be our primary concern moving forward.”

In a previous message posted on Thursday, Torres-Walker wrote, “Antioch Police Union Attorney Rains criticized Mayor Lamar Thorpe’s press conference for allegedly violating the right to confidentially and due process for a few officers suspected of crimes against the public while entrenched in a culture of racism.

Chief Ford has taken actions addressing recruitment, assessment, hiring, retention, promotion, and agency culture since April of last year which included a hefty incentive package to bring new talent with a community policing mindset that is culturally responsive.

Willful ignorance can no longer be the order of the day. We can address the public safety needs of Antioch residents, and lift those in law enforcement who are doing their best while holding their counterparts accountable for their roles in how we got here.

I trust my peers on the council to do what is best for the public at this time and the Leadership of Chief Ford.

I ask the public for grace, your prayers, and your support.

We will get through this together.”

Police Chief Steve Ford, the department’s PIO Ashley Crandell, Lt. Hoffman and the other APOA leadership were asked for the timeframe in which the alleged texts were sent and for any other responses. In addition, the APOA’s attorney, Mike Rains and Councilmembers Monica Wilson, Lori Ogorchock and Mike Barbanica were also asked for responses to both the Times’ article and the mayor’s remarks.

APOA Attorney Responds

In response, APOA attorney Rains wrote, “I have been asked by several local television stations for comment, and I am telling everyone that I am not in a position to comment at the moment, because I have not seen any texts, and have not participated in discussions which the DA’s office has apparently had with the court and with counsel for the defendants in the underlying case.  In retrospect, I would have liked to have been involved in such discussions, and believe the individual Officers have legal rights which I do not think were adequately considered, because they did not have a voice, either individually, or through counsel in the discussion. The Chief has ordered the commencement of an investigation of the most recent allegations by an ‘outside’ investigator, and the officers and our office plan to fully cooperate with the investigator and answer all questions.”

UPDATE: Barbanica Says There Must Be Accountability But Premature to Assume Anything Before Investigation is Complete

“Racist statements, racist comments at any level are wrong,” Barbanica stated. “However, I don’t know the content of these text messages. What we should be looking at here is, everyone is entitled to due process. It is premature to assume anything at this point until the investigation is complete. Let’s don’t lose sight that there are many hard-working men and women in the Antioch Police Department who are serving every day to protect this community and I don’t want to assume those under investigation are guilty of anything. If racist statements were made there must be accountability. Let’s wait and see what these texts actually say.”

None of the others responded prior to publication time.

Please check back later for any updates to this report.

 

 

By Renée Saldaña, SEIU-United Healthcare Workers West (SEIU-UHW)

Starting the week of April 10, healthcare workers at medical facilities across California, including Walnut Creek and Antioch, will hold events to speak out against the dangers of short staffing and the effects on patients and caregivers.

On Tuesday, a protest will be held at Kaiser Permanente in Walnut Creek from 11 am to 1 pm and on Wednesday, another protest will be held at Kaiser Permanent on Sand Creek Road in Antioch, also from 11 am to 1 pm.

“After years of understaffing and dealing with the pandemic, we are stretched thin and burnt out. Healthcare workers are leaving the field, and those of us who have stayed are doing the work of two or three people. We can’t give our patients the care they deserve without enough staff,” said Datosha Williams, a service representative at Kaiser Permanente. “We are calling on Kaiser to do what it takes to hire more caregivers so that we can deliver the best care possible for our patients.”

After three years of the COVID pandemic and chronic understaffing, healthcare workers are calling on management to provide safe staffing levels and additional support. Caregivers say that short-staffed hospitals can lead to long wait times, mistaken diagnoses, and neglect, making it harder to give patients quality care.

Even before the pandemic, California faced a massive shortage of allied healthcare workers to care for its aging population — as many as 65,000 workers annually, according to conservative estimates. The stress and the toil of fighting the pandemic has led many to leave the industry, creating a full-blown healthcare staffing and patient care crisis.

A survey of over 30,000 SEIU-UHW members, Crisis in Care, highlighted the short-staffing crisis in California, with 83% of responding healthcare workers saying their facility is understaffed. At the same time, healthcare corporations are reporting record profits.

“contain unambiguously and historically racist speech directed toward the suspects the officers were investigating.” – DA Diana Becton

By Allen D. Payton

Following a Friday, April 7th ruling by Contra Costa Superior Court Judge Clare M. Maier during a felony court case involving Antioch Police officers, racist texts exchanged by the officers and directed toward the suspects will be disclosed to the defense, District Attorney Diana Becton announced. Several Antioch officers are currently on paid leave and under investigation for alleged racist and other offensive texts, in addition to the remaining seven out of eight officers that have been on paid leave and under investigation by the FBI and DA’s Office since March 2022. One of the eight Antioch officers quit the force. (See related articles here and here)

Becton shared that the judge “urged caution in the distribution of the language and images contained in the texts as they can spark more hatred toward Blacks and Latinos.”

Statement by DA Diana Becton on Disclosure of Racist Texts in Felony Case

Today, Contra Costa Superior Court Judge Clare Maier ruled on the disclosure of information that centers on racist text messages exchanged by Antioch Police officers.

For over a year, the FBI and the Contra Costa District Attorney’s Office have engaged in a joint federal and state criminal investigation of sworn law enforcement officers from the Antioch Police Department and Pittsburg Police Department. The broad range of offenses under investigation involve crimes of moral turpitude.

Due to the sensitivity and scope of the investigation, a court procedure was established to balance the integrity of the criminal investigation with the disclosure of exculpatory information (i.e., evidence that is beneficial to a defendant).

In accordance with legal precedent, the Contra Costa District Attorney’s Office has been scrupulous in maintaining the balance as the court constructed.

Recently, additional information has come to light in which police misconduct directly overlaps and impacts a charged felony case.

The joint investigation with the FBI has revealed that Antioch Police officers exchanged text messages which contain unambiguously and historically racist speech directed toward the suspects the officers were investigating.

The racial animus expressed by officers in the recovered text messages trigger additional statutory concerns under the Racial Justice Act.

In seeking further direction from the court, the DA’s Office and the defense appeared in front of Judge Maier on April 4th to present information detailing the overlap of the officers’ misconduct and a charged felony case.

In her ruling today, Judge Maier said that the offensive texts in the two investigative reports shall be disclosed to the defense in the charged felony case. She added, the reports will be redacted to shield cell phone numbers and urged caution in the distribution of the language and images contained in the texts as they can spark more hatred toward Blacks and Latinos.

The integrity of the joint investigation and legal requirements for the disclosure of exculpatory evidence is of paramount importance to the District Attorney’s Office. Our office will continue to work tirelessly to ensure public trust and public safety for the residents of Contra Costa County.

Diana Becton

District Attorney, Contra Costa County

Police seek suspects

By PIO Ashley Crandell, Antioch Police Community Engagement Unit

On April 4, 2023, at approximately 7:33 pm, the Antioch Police Department Communications Center began receiving calls regarding a shooting in the 5100 block of Carriage Way. Officers immediately responded to the scene and located an 18-year-old male with suffering from a gunshot wound to his leg.

Responding officers rendered medical aid until medical personnel arrived on scene and transported him to a local hospital. The victim is expected to survive. Through investigation, officers learned multiple unknown subjects were stealing several motorcycles in a driveway and when the victim exited the residence, the suspects began shooting at him.

The suspects were successful in stealing one of the motorcycles. The investigation is ongoing and anyone with information is encouraged to contact Detective Duffy at aduffy@antiochca.gov or (925) 779-6884. You may also text an anonymous tip to 274637 (CRIMES) using the keyword ANTIOCH.

To reach 30 percent of women in police recruit classes by 2030 to improve public safety, community outcomes, and trust in law enforcement.

By PIO Ashley Crandell, Antioch Police Community Engagement Unit

As Antioch Police Chief Steve Ford committed to doing last week, the Antioch Police Department has signed on to the 30×30 Pledge – a focused effort to improve the representation and experiences of women in law enforcement. The 30×30 Initiative helps policing agencies assess the current state of a department with regard to gender equity, identify factors that may be driving any disparities and develop and implement strategies and solutions to eliminate barriers and advance women in policing.

These actions address recruitment, assessment, hiring, retention, promotion, and agency culture.

The Pledge is the foundational effort of the 30×30 Initiative – a coalition of police leaders, researchers, and professional organizations who have joined together to advance the representation and experiences of women in all ranks of policing across the United States. The 30×30 Initiative is affiliated with the Policing Project at NYU School of Law and the National Association of Women Law Enforcement Executives (NAWLEE).

The ultimate goal of the 30×30 Initiative is to reach 30 percent of women in police recruit classes by 2030, and to ensure policing agencies are truly representative of the jurisdiction the agency serves. While 30×30 is focused on advancing women in policing, these principles are applicable to all demographic diversity, not just gender.

Steven Ford, Chief of Police: “Throughout the history of law enforcement, women have been under-represented in policing. We are making a commitment to join more than 285 law enforcement agencies across the country in a mission to empower women in policing. Not only does this project move us closer to representing the demographic diversity we serve, but it has been proven that women involved in policing have an immensely positive influence on an organization’s culture. Ultimately, this pledge means that Antioch PD is actively working toward improving the representation and experiences of women in our agency.”

“We are grateful to the Antioch Police Department for being one of the first in the nation to commit to being a part of this growing movement” said Maureen McGough, cofounder of the 30×30 Initiative, Chief of Staff of the Policing Project at the New York University School of Law, and former policing expert at the U.S. Department of Justice. “We believe strongly that advancing women in policing is critical to improving public safety outcomes. We look forward to having more agencies follow Antioch PD’s lead by signing the pledge and improving the representation and experiences of women in policing.”

For more information, visit www.30x30initiative.org.

Allen D. Payton contributed to this report.

Applications for three-year term due April 21

By Julie DiMaggio Enea, Contra Costa County Office of Communications & Media

The Contra Costa County Board of Supervisors is seeking individuals with a sound business background, experience in pension fund investment or administration, or in equity investments or banking to serve on the Contra Costa County Employees’ Retirement Association Board of Trustees.  To be considered, candidates must be County residents, must not be Retirement System members or retirees, and may not market any investment, consulting, or related service to the Contra Costa County Retirement Board or any other 1937 Act Retirement Board.

Regular meetings of the Retirement Board are held on the second and fourth Wednesdays of each month, beginning at 9:00 a.m. and sometimes extending into the afternoon.  There may also be additional meetings on special topics that arise from time to time.

Members of the Retirement Board receive $100 per meeting up to a monthly maximum of $500, plus reimbursement for actual and necessary expenses.  The appointment will be for a full three-year term beginning July 1, 2023, and ending June 30, 2026.

Application forms can be obtained from the Clerk of the Board of Supervisors by calling (925) 655-2000 or by visiting the County webpage.  Applications should be returned to the Clerk of the Board of Supervisors, County Administration Building, 1025 Escobar St., Martinez, CA  94553, no later than 5 p.m. on Friday, April 21, 2023.  Applicants should plan to be available for public interviews in Martinez on Monday, May 9, 2023.

Further information about the Retirement Board can be obtained by calling CCCERA CEO Gail Strohl at (925) 521-3960 or by visiting the website www.cccera.org.

By PIO Ashley Crandell, Antioch Police Community Engagement Unit

On Tuesday, March 14, 2023, at approximately 7:51 pm, an 18-year-old woman was shot on Lone Tree Way at the intersection of Highway 4 near Brentwood. The victim was transported to a local hospital and survived her injuries. Officers learned this was a road rage incident between two unrelated vehicles. One of the occupants of a vehicle involved in the road rage shot at the other vehicle. In doing so, they shot an unrelated occupant of a vehicle nearby. (See related article)

The Antioch Police Department is asking for the public’s assistance in identifying a person and vehicle of interest in this case. We are asking anyone who drove on Lone Tree Way or was visiting the Slatten Ranch Shopping Center on March 14, 2023, from 7:40 pm to 7:55 pm to check your dashboard cameras.

We ask you to preserve the video and contact Detective Cox at (925) 481-8147 or jcox@antiochca.gov. It is important to note, we are not only looking for video depicting the crime- but any video during that time frame. Also, if you work for a delivery company or saw a delivery vehicle in the area from 7:40 pm to 7:55 pm, please contact Detective Cox with which company.

We want to thank the community for their assistance during the course of this investigation.

Claims Police Chief Ford hired outside investigator

“…the initiation of the investigation and the subjects of the investigation are not matters for public disclosure under existing law”…“the mayor single-handedly violated the officers’ right to confidentiality by saying anything at all”…“created far more ‘rumors’ about this investigation, and adverse impacts on the police department and community, than he allayed.” – APOA attorney Mike Rains

Thorpe says claim he “gagged” Ford preventing him from participating in press conference “inaccurate”

By Allen D. Payton

This morning, Friday, March 31, 2023, the attorney for the Antioch Police Officers’ Association, Mike Rains issued a statement in response to Mayor Lamar Thorpe’s Thursday press conference on the report of additional officers being placed on leave and under investigation for alleged offensive texts. Those officers are believed to be in addition to the seven remaining officers on the force that have been under investigation by the FBI and Contra Costa DA’s office since last March for alleged “crimes of moral turpitude”. Rains, with the law firm of Rains Lucia Stern St. Phalle & Silver, claims Thorpe violated state law and the confidentiality of the officers. He further claims Police Chief Steve Ford placed the involved officers on leave and hired an outside investigator to conduct the investigation.

Statement from RLS Attorney Mike Rains

“Our office represents the Antioch Police Officers’ Association and its individual members in employment related matters. We issue this statement in response to the statement made yesterday by City of Antioch Mayor Lamar Thorpe.

At the outset, it should be recognized that, despite a recent article in a local newspaper purporting to announce a new investigation by the Antioch Police Department of officers in addition to the ongoing joint investigation by the FBI and the District Attorney’s Office, the initiation of the investigation and the subjects of the investigation are not matters for public disclosure under existing law as set forth in Penal Code section 832.7.  Although the newspaper at issue may have published an article from an unknown and undisclosed ‘source’ that was not verified as credible, and which relates to a ‘confidential’ personnel matter under California law, the mayor chose to compound the violation of state law by holding his own self-serving press conference, which prompted questions from some in attendance as to ‘why are we here?’ and ‘why isn’t the police chief here making this announcement?’

The mayor’s stated purpose, as much as we can discern, is that the placement of additional officers on administrative leave would cause ‘staffing issues’ within the police department that might affect the public. But that “concern” was belied by the very fact that the mayor had no idea as to the current staffing level at the police department and could not even tell his audience how many patrol officers are on the force. He also professed, at the beginning of this saga, his ‘respect for confidentiality and the right of officers to due process of law.’ But, as pointed out above, the mayor single-handedly violated the officers’ right to confidentiality by saying anything at all. And with respect to the officers’ right to due process, those rights were trounced when the mayor declared the officers ‘bad apples’ and expressed his ‘serious concern’ for the conduct under investigation.  In short, this ‘press conference’ was simply another demonstration by this mayor of his belief, demonstrated by his own conduct resulting in criminal charges and massive civil judgments, that he need not conform his behavior to provisions of the Penal Code or to the laws restricting sexual harassment and discrimination of others in the workplace.

Where was the police chief, Mr. Mayor?  In all likelihood he was ‘gagged’ by the mayor and specifically instructed not to be present. If the mayor was truly concerned about the impact of this latest investigation on ‘staffing’ within the police department, who better than Chief Ford to discuss that issue?  Why didn’t the well-intentioned mayor simply ‘order’ or ‘direct’ the chief to give the briefing, and stand beside him in support of the chief’s statement?  The truth is, as the mayor was forced to concede, the police chief advised the city manager about the new investigation, as he was required to do, and the city manager advised the mayor in accordance with internal reporting requirements of the City.  The ‘truth’ of the matter is that the police chief, not the mayor, made the decision to place involved officers in this NON-CRIMINAL INVESTIGATION on administrative leave and asked for the immediate appointment of an ‘outside’ qualified investigator to conduct a thorough and objective investigation of the allegations, which he is required by law to review and adjudicate – something Chief Ford has been doing as a law enforcement executive for many years.  And the ‘truth’ of the matter is also that Chief Ford made these decisions (he could have elected to keep the officers under investigation in their current work assignments) after speaking with the district attorney of the County about the situation. That discussion did not involve Mayor Thorpe because it was and still remains a matter that should be handled by the imminently qualified and capable police chief who was not even invited to be present.

As if Mayor Thorpe did not do enough of a disservice to the confidentiality and due process rights of the officers by conducting a disaster of a ‘press conference,’ he did nothing to allay the ‘rumors’ he said were created by the newspaper article, which he admitted ‘was not good.’  With his own evasion and doublespeak on full-display, the mayor single-handedly created far more ‘rumors’ about this investigation, and adverse impacts on the police department and community, than he allayed.”

Thorpe Says Claim of Chief Being “Gagged” “Inaccurate”, Won’t Say If He Was Invited to Press Conference, Refers Additional Questions to City Manager

Thorpe was emailed Rains’ statement for a possible response and asked if he invited Chief Ford to join him at his press conference, and if so if Ford declined or wasn’t available. Thorpe was also asked if Ford wasn’t invited to participate, why not so he could have been there to answer some of the questions that were posed by the media.

Thorpe responded briefly writing, “That would be inaccurate and I’m directing any further questions to Forrest as I’m out of town.”

The additional questions were then sent to Acting City Manager Forrest Ebbs. He responded, “I do not have any comment at this time or answers to your questions.”

Questions for Chief Ford Go Unanswered

In addition, Ford was also sent questions, and copied to Lt. Michael Mellone, director of the department’s Community Engagement Unit and PIO Ashley Crandell asking if he was “gagged” by Mayor Thorpe and prevented from participating in his press conference yesterday. Ford was also asked if Thorpe invited him or anyone from the department to attend and be available to answer questions from the media, and if so, did the chief decline and was he unavailable.

Neither Ford nor the department’s spokespeople responded prior to publication time at 12:30 p.m.

UPDATE: Mellone is out of the country until April 10th participating in an international masters program.

Please check back for any other updates to this report.