On Monday, July 1, 2024, Officer Smith and his K9 partner, “Kona”, were providing extra patrol to the Slatten Ranch shopping center hoping to deter would-be criminals from victimizing the businesses in the area.
While in the area, Officer Smith heard the distinct sounds of a vehicle spinning donuts behind the Best Buy store. Officer Smith was able to locate the vehicle mid-donut and put a halt to the reckless behavior. The driver was arrested, and his vehicle was impounded for 30 days!
Antioch Police officers investigate in the Corteva Wetlands where the body of Cleyber Cruz-Gamez was located on Monday morning, June 3, 2024. Photo courtesy of Ronn Carter, Emergency Spotlight
Police Chief says “No foul play” suspected in death of Cleyber Cruz-Gamez
Antioch Police investigated the matter and “Initial reports suggested the body was located at the old Babe Ruth fields on Auto Center Drive. However, authorities…confirmed that the body was found approximately 100 yards west of the Antioch Marina, near one of the main walking trails” inside the wetlands,” Carter wrote.
When asked by the Herald about the incident Interim Police Chief Brian Addington shared, “A man who had been staying on Corteva property was found deceased. No foul play. It’s a suspected drug overdose but pending toxicology.”
Contra Costa County Deputy Coroner Wong identified the man on Friday, June 28th, as Cleyber Cruz-Gamez, age 44, who was “presumed to be a transient in the Antioch area.” The office won’t share the results of toxicology tests, which “most likely has not been signed off by the doctor, yet,” Wong shared.
When asked if she knew Cruz-Gamez, local homeless advocate Nichole Gardner said, “Nobody downtown said anything about it, yet. That’s so sad.”
During their meeting on Tuesday, June 25, 2024, the Antioch City Council on a 4-0 vote passed an ordinance banning organizers and advertisers of and spectators at sideshows. The matter was finally dealt with after discussing the matter since last fall and holding two previous votes, one which adopted an ordinance without targeting spectators and the follow up vote, for which none of the three council members present supported it. (See related articles here, here, here and here)
Most of the residents who spoke during public comments on the agenda item were opposed to including a ban on spectators citing possible constitutional issues and profiling by police, and concerns that those stuck in their cars could be cited.
Before hearing from residents during the public hearing, Mayor Lamar Hernandez-Thorpe said, “The city attorney would have acted as the proponent” but was absent from the meeting. The mayor then asked who would be the opponent, resident Alexander Broom volunteered and was given 10 minutes to speak.
“There are some large concerns I have with Attachment A which goes after the spectators,” he said. “I don’t think there’s a crime that I could be a witness to and be guilty of a crime. I think there are some constitutional issues there.”
“Anyone who is found to be within 200 feet witnessing or observing a sideshow,” he pointed out as one example.
“There are multiple instances that I would go to part of car culture, then you have people who show up and ruin the event,” he stated. “Me just being present doesn’t mean I’m a participant. This ordinance…is far too broad. I would encourage you to not include the spectator portion.”
“I had one of my friends come out to one of these events and a car show broke out. He was profiled,” he stated. “I could face up to six months in jail for being at the wrong place at the wrong time.”
“There are so many other routes you can go after spectators for this disturbance,” he said. “I think this opens up the city to more lawsuits…to more civil rights violations.”
“I’m open to compromise. I’d rather see the second ordinance go forward that doesn’t include spectators,” he concluded. “This is far too broad.”
Ralph Hernandez said, “These car culture violators should figure out how to lawfully and peacefully cruise. You should keep option 1 to include spectators.”
These are not really spectators. They’re encouraging bad conduct In law, that’s aiding and abetting,” he continued. “I think the police are smart enough…to make differentiation who is a spectator. How do those people claim they’re merely parked there?” he asked. “Come on you have to sell that to someone else.”
“The 200-feet limit, it’s appropriate because these sideshows take up a lot of space,” Hernandez continued. “Is that car culture? They’re violators of the law…by those actively participating, drivers, blockers. If they don’t want to be considered a violator they should not go there.”
“Their cell phones should also be confiscated,” he added. “It’s dangerous. It’s not a football game.”
Teshina Garrett, ACCE Antioch asked, “Who or what is considered a spectator?” and then spoke of her experience being stuck due to a sideshow. “We took photos…of people doing stupid stuff in the middle of the street. Does that make us a spectator?”
“Use these drones, Take their license plates, confiscate their vehicles,” she added.
Resident Dr. Kimberly Payton, Vice President of the NAACP East County Branch, spoke next about her own experience of getting stuck in traffic due to a sideshow. “Therefore, I don’t understand how you can tell a spectator and someone who is stuck. I just encourage you to consider the definition of a spectator if that’s the route the council is going.”
Andrew Becker also shared about “a sideshow that popped up. Within two minutes there were 200 people there. They were jumping on my car. I understand there’s a subjective component there. I also understand you have to have these tools. It’s the individuals…who are driving these things. I’m wondering if…an individual who is cited, they can have it reviewed by the Oversight committee. I think that would be monumental. It might alleviate some of the concerns here.”
Gavin Payton asked, “Some of the sideshows are actually dangerous for cars and for pets, the next day because they’re throwing bottles and the glass is breaking on the curbs and the bushes. Is there going to be some kind of action for that, as well?”
A resident named Devin said, “We really need to determine what a spectator is. We all know that the definition that some will use is not fair to everyone. People can determine who’s participating in these things, who’s taking videos and advertising these things. This is a problematic issue we are having in this city. But the language…people being accused of being a spectator, but they weren’t. Two hundred feet…that’s not fair.”
A woman named Laura said, “I am not an expert on car culture but I’m an excellent driver…and I am a parent. I think it’s dangerous to include spectators …because…systemic racism is a thing. So, I don’t think spectators should be included in this.”
Louise Green spoke last saying, “Using the simple word spectator is scary to everyone. I think this is more targeted to spectator participants. It’s a game they play. They were throwing T-shirts over their license plates. They’re actually throwing their bodies into the cars. You’ll have to put the spectator clause in there. Unless you can get real specific on the language, they are spectators, but a participant spectator. They have racing guns that they signal when the police are coming. There were maybe five people on the sidewalk. But the 200 were spectator participants. They get out of their vehicles. If I’m trapped in my car, they’re going to know, they’re not part of it. We do have to include them because they’re part of the problem.”
Council Discussion
Barbanica spoke first saying, “We’re talking, here about active participants. Not someone sitting in their cars. There’s also a big difference with someone videoing, when an officer rolls up. They say, officer, ‘here’s my phone.’”
“They leapfrog ahead to the next sideshow. It’s very detrimental to the community,” he stated. “This has terrorized the community long enough.”
“These are roving sideshows that are very organized. We have to go after people who are active participants,”
“These sideshows are getting more and more frequent and they’re roving around the city,” Ogorchock stated. “I would ask the city attorney’s office if we can increase the penalties not just $1,000.”
“A San Joaquin Sheriff would not release the cars from a sideshow until the participants’ court dates,” she shared. “These cars are part of evidence.”
“I think we should also look at reimbursement for the use of our resources,” Ogorchock continued. “As we as community members, these are our dollars. These people, the majority of them are coming from outside the community.”
“This is a quality-of-life issue,” she stated. “If we can’t add these to the ordinance toight
Wilson said, “I’m going to steal the term spectator participant. These spectator participants…they’re filming and livestreaming it to let their friends know where they are. We need to hold those participants accountable along with the organizers and advertisers.’
“I betcha there are people from inside our community,” she added.
“We need to start talking about why is this happening. What’s the root cause?” Wilson asked. “We definitely need to include something about the spectators.”
Hernandez-Thorpe spoke last saying, “this doesn’t necessarily stop sideshows. These are tools that once sideshows are happening they can be used. These aren’t preventative. What actually prevents sideshows is determining who is starting them. But unfortunately, our traffic division has been decimated.”
“I’m all for all of them, spectators, organizers and those who advertise,” he stated. “If we pass something tonight it will come back late July and will go into effect 30 days later, at the end of the summer months. If we need to make changes, we do it in the fall.”
“The technology in the police department in my opinion allows them to differentiate between a spectator,” the mayor shared. “Let’s pass something now, tonight and build on it and not let perfection be the enemy of progress.”
Ogorchock then made a motion saying, “I’m going to add” then read the ordinance that included banning spectators, “including not releasing vehicles until court dates and reimburse costs of resource.”
The Assistant City Attorney said, “I think there are some concerns…that we can’t address tonight” in response to a question from Barbanica.
No one seconded the motion.
Barbanica then moved approval of the ordinance including spectators as written. It passed 4-0.
Ogorchock then asked, “that we come back with the two proposals.” But both Barbanica and Wilson had already left the dais, so the mayor said, “Uh, no. There’s no consensus. Everybody left.” They then took a two-minute recess.
She tried again following the break but none of the other council members supported her proposals.
Ordinance Details
The ordinance adopted includes the following:
City Council introduced the proposed ordinance adding Chapter 4 to Title 4 (Public Safety) to the Antioch Municipal Code, which prohibits organizing, advertising, and being a spectator at street racing, sideshows, and reckless driving exhibitions;
Organizing or Advertising Street Races, Sideshows, and Reckless Driving Exhibitions Prohibited
It is unlawful for any person to knowingly organize a street race, sideshow, reckless driving exhibition, or exhibition of speed conducted within the City on a public street, highway, or in an offstreet parking facility.
B. It is unlawful for any person to advertise, within the City, a street race, sideshow, or exhibition of speed conducted or to be conducted in the City on a public street, highway, or in an offstreet parking facility.
C. It is unlawful for any person to advertise online, including on social media, a street race, sideshow, or exhibition of speed conducted or to be conducted in the City on a public street, highway, or in an offstreet parking facility.
Spectators at Sideshows, Street Races, and Reckless Driving Exhibitions Prohibited
It is unlawful for any individual who to be knowingly present as a spectator, either on a public street or highway, or on private property open to the general public without the consent of the owner, operator, or agent thereof, at an illegal motor vehicle sideshow, street race, or reckless driving exhibition.
B. It is unlawful for any individual to be knowingly present as a spectator, either on a public street or highway, or on private property open to the general public without the consent of the owner, operator, or agent thereof, where preparations are being made for an illegal motor vehicle sideshow, street race, or reckless driving exhibition.
C. Local law enforcement shall have the authority to cite any spectator in violation of this Chapter with an administrative citation.
D. An individual is present at the illegal motor vehicle sideshow, street race, or reckless driving exhibition if that individual is within two hundred (200) feet of the location of the event, or within two hundred (200) feet of the location where preparations are being made for the event.
Enforcement
A. Any person who violates this chapter is guilty of a misdemeanor subject to a maximum of six (6) months in jail, a fine of $1,000, or both, unless at the discretion of the district attorney or a court of competent jurisdiction, the violation is reduced to an infraction.
Stole almost $10,000 worth of clothing; multi-agency effort
Jesus Santiago Olivarez arrested 20 other times since 2018
By San Mateo Police Department
San Mateo, CA – On June 20, 2024, at 1:56 p.m., San Mateo Police Department received a report of a theft that just occurred at Lululemon, located at the Hillsdale Shopping Center. The witness said three suspects grabbed numerous clothing, ran out of the store and into a waiting white Subaru Outback. The white car then quickly drove off toward Highway 101.
San Mateo Police officers responded to Lululemon to gather more information about the theft and learned the suspects stole almost $10,000 worth of clothing. At the same time the Organized Retail Theft Task Force, consisting of officers from the San Mateo, Daly City, and San Bruno Police Departments, started to search for the white Subaru that fled the scene of the crime. The task force found the car driving northbound on Highway 101 and followed the car into San Francisco. Officers attempted to stop the car, however the driver fled from police, driving in a reckless manner with disregard to the safety of other drivers and pedestrians in the area. Due to the dangerous and reckless manner the suspects were evading police, the pursuit of the suspects was stopped for the safety of the community.
With the help of San Francisco Police Department, the white Subaru was found abandoned a few blocks away. A short time later, all four suspects that were inside the vehicle were found. Stolen merchandise was found inside the car and with the suspects. Officers learned the white Subaru was reported stolen earlier in the day. The suspects, Jesus Olivarez, Campy Massutti, Sierra Mansanares, and Theodore Gore, were all arrested and later booked into San Mateo County Jail on various felony charges.
We need the community’s support in reporting crimes and being a good witness. If you witness a crime, contact police immediately. Try to remain as calm as possible and do your best to answer questions on the phone. Remember details such as the suspect’s appearance, clothing, any distinguishing features, and which direction they flee. Once the police arrive at the scene, cooperate fully, and provide the officers with all the information you have. Your observations can greatly assist law enforcement in their investigation.
ARRESTED: Jesus Santiago Olivarez, 31-year-old Antioch resident.
CHARGES: 490.4(a)(1) PC- Organized retail theft, 487(a) PC- Grand theft, 460(b) PC- Second degree burglary.
ARRESTED: Theodore Gore, 30-year-old San Francisco resident.
CHARGES: 2800.4 CVC- Evading a peace officer, 2800.2(a) CVC- Evading a peace officer with wanton disregard to public safety, 490.4(a)(1) PC- Organized retail theft, 496d(a) PC- Possess stolen vehicle, 10851(a) CVC- Take vehicle without owner’s consent, 487(a) PC- Grand theft, 460(b) PC- Second degree burglary.
ARRESTED: Sierra Mansanares, 27-year-old San Francisco resident.
CHARGES: 490.4(a)(1) PC- Organized retail theft, 487(a) PC- Grand theft, 460(b) PC- Second degree burglary, 11377(a) HS- Possession of a controlled substance.
ARRESTED: Camy Massutti, 32-year-old San Francisco resident.
CHARGES: 490.4(a)(1) PC- Organized retail theft, 487(a) PC- Grand theft, 460(b) PC- Second degree burglary, 11350(a) HS- Possession of a controlled substance.
According to localcrimenews.com, Olivarez has a history of 21 arrests dating back to 2018, including two other times this year in March and just last month, by agencies including Antioch PD, Pleasant Hill PD, Colma PD, Mountain View PD, San Mateo PD, Santa Clara PD, and Sheriff’s Departments in Riverside, Contra Costa, and San Mateo counties, on gun and drug charges, and for shoplifting, grand theft, petty theft, vehicle theft and receiving Stolen property – motor vehicle, battery on a peace officer or emergency personnel and falsely personating another in his or her private or official capacity.
On Sunday, June 23rd at approximately 10:33 PM, officers were dispatched to the report of an auto versus pedestrian collision on Lone Tree Way near Black Diamond Drive. When officers arrived, they located the pedestrian, a 71-year-old male resident of Antioch, suffering from life-threatening injuries. Unfortunately, the man did not survive and was pronounced deceased at the scene. The driver of the vehicle that collided with the pedestrian remained on scene and cooperated in the investigation.
The preliminary investigation and witness statements revealed that the man was crossing Lone Tree Way, in the crosswalk, against the don’t walk signal when the collision occurred. Impairment does not appear to be a factor in this collision and the man’s identity is being withheld pending notification to his next of kin.
The Antioch Police Department’s Traffic Division is handling this investigation and anyone with information is asked to contact Officer Josh Egan at 925-204-1587 or jegan@antiochca.gov.
Includes reallocating downtown road money for homeless, will also vote on 5-year Capital Improvement Program, services, discuss creating DEIB officer staff position
By Allen D. Payton
During their meeting tomorrow night, June 25, 2024, the Antioch City Council will vote on which sideshow ordinance they want, including one that targets spectators, the 5-Year Capital Improvement Program budget, spending $6.45 million for homeless services and development of affordable housing, including reallocating $611,000 from the Downtown Roadway Project fund, and discuss the Amtrak Station closure.
NOTE: A previous version of this report had included both the $4,050,000 and $610,896 that was included twice in the staff report and they had been incorrectly added to the total.
In addition, the council will also discuss multiple council member proposed agenda items, including creating a Diversity, Equity, Inclusion, and Belonging (DEIB) officer staff position and a Health and Safety Analyst position for the Human Resources Department at the request of District 1 Councilwoman Tamisha Torres-Walker. They will also have a discussion on street cameras, and the potentially developing a policy on the use of native plant species for new development at the request of District 3 Councilwoman Lori Ogorchock.
$6.4 Million for Homeless Services, Affordable Housing
The state requires cities with former redevelopment agencies to use the remaining funds for affordable housing, referring to as Housing Successor funds. As of 2023, the City of Antioch hadapproximately $7.3 millionavailable to subsidize units in the 0-50 percent Area Median Income (AMI) affordability level, including units for the unhoused or family housing.
According to the staff report for the agenda item #10, the City of Antioch serves as the Housing Successor to the Antioch Development Agency. The council will vote on the funding recommendations of the CDBG Committee approving $4,050,000 in Housing Successor funding for homeless services and development of affordable housing.
Funds for the Downtown Roadway Project, approved by the city council in 2020, were intended to rehabilitate roadways, replace damaged sidewalks, curbs, gutters, and install Americans with Disabilities Act compliant curb ramps to improve the quality of life for Antioch residents.
According to the City staff report, the council will be asked to vote on the funding recommendations of the CDBG Committee, made up of District 2 Councilman Mike Barbanica and Torres-Walker, and adopt the resolution approving the substantial amendments to the FY 2023-24 Action Plan Downtown Roadway Project to reallocate $395,346.34 and the FY 2021-22 Action Plan to reallocate $215,549.85 of remaining funds in the Downtown Roadway Project for a total of $610,896.19 to be utilized for the development of affordable supportive housing for extremely low-income and homeless households.
In addition, the council will vote on the funding recommendations of the CDBG Committee and adopt the resolution approving the FY 2024-25 City of Antioch Action Plan, which encompasses CDBG Entitlement funds, prior year reallocated funds, use of CDBG Corona Virus funds, PLHA, EECBG and Housing Successor funds totaling $6,454,180 to address identified high priority needs of lower income residents of the City of Antioch. UPDATE: That amount includes both the aforementioned $4,050,000 and $610,896.19 amounts.
The meeting begins at 6:15 PM with a closed session in which they council will discuss recruitment of the city manager and a civil rights lawsuit by one the four young men convicted, earlier this year of a 2021 murder in Antioch, and others who claim they were targeted by police officers who sent the racist text messages.
That will be followed by the regular session at 7:00 PM in the City Council Chambers at 200 H Street, in historic, downtown Rivertown.
General public comments can be made at either the beginning or end of the council meeting, specific comments can be made on each agenda item or if you wish to provide a written public comment, you may email them to cityclerk@antiochca.gov, by 3:00 p.m. on Tuesday. 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; and available to the public upon request. However, they will not be read during the City Council Meeting.
Angela Priscilla Fierro died in a fatal collision in Antioch on July 6, 2023. Herald file photos.
While passenger in car driven recklessly by ex-boyfriend she had a restraining order against
Antioch PD investigating, submitting to DA for review
Dear Antioch Herald,
I am writing to you with a heavy heart and a plea for justice. Angela Fierro, a 20-year-old resident of Antioch, tragically lost her life in a car accident on July 6, 2023. This was no ordinary accident; it was a preventable tragedy that has left a family grieving and a community in shock.
Angela was not just a statistic; she was a daughter, a friend, and a mother to a one-year-old child. Her life was cut short due to the reckless actions of another—a person who should have never been behind the wheel. Angela had a restraining order against her ex-boyfriend, who, despite this legal barrier, forced his way into her vehicle and drove it recklessly until it crashed.
The details of the incident are harrowing. Angela was fighting for her life, without a seatbelt, as she struggled against the man who had no right to be there. Her friend, a passenger in the car, sustained severe injuries, and the driver of the other vehicle involved also suffered from the collision¹. Yet, the man responsible for this chaos walked away without immediate consequences.
We turn to you, Antioch Herald, to help us amplify our call for justice. Angela’s story deserves to be heard, and her family’s plea for accountability must not go unanswered. We urge you to cover this story, to shed light on the circumstances that led to Angela’s untimely death, and to join us in our quest for justice.
Amidst their profound grief over Angela’s untimely departure, her family was also grappling with the emotional and financial strain of arranging her funeral. As time marches on, the Antioch Police Department remains inactive, failing to apprehend the person responsible for the accident that claimed Angela’s life. Despite the existence of a restraining order against him, and the police’s acknowledgment of his culpability in forcibly entering Angela’s vehicle—endangering her and her friend—he remains unapprehended. The delay in justice only compounds the family’s anguish and the community’s unrest.
By bringing Angela’s story into the public eye, we aim to catalyze action from the Antioch Police Department and draw attention to the lack of response and professionalism that has been displayed thus far.
In memory of Angela, we ask for your support. Please help us ensure that her passing is not in vain and that such a tragedy does not occur to another innocent life.
Thank you for your time and consideration.
Sincerely,
Bryan Cendejas-Bravo (a friend of Marisela Madrigal, Angela’s sister).
——————-
Editor’s Note: The letter was shared with Interim Antioch Police Chief Brian Addington who was asked to provide whatever details he could about the case and any investigation into the incident.
He said, “it’s still an active case and we will be submitting it to the DA for their review.”
But he couldn’t comment further on it. Mr. Cendejas-Bravo was provided that information.
VSET participating officers meeting before the enforcement action on June 20, 2024. Photos: Antioch PD
By Antioch Police Department
On Thursday, June 20, 2024, the Vehicle Theft Suppression Enforcement Team (VSET) operation in Antioch was a huge success! Here are the highlights:
14 police agencies participated with 50 officers total
115 enforcement stops conducted
10 arrests made
3 occupied stolen vehicles recovered
11 abandoned stolen vehicles found
2 firearms seized
1 dirt bike impounded
4 probation searches conducted
4 failures to yield, all resulting in arrests and no injuries
Kudos to the VSET, a dedicated CHP-Contra Costa County task force, and the 14 participating police agencies for their relentless efforts in recovering stolen vehicles and apprehending auto thieves. Each month, they bring proactive enforcement to our communities, ensuring safety and security on our roads. Let’s continue to support their efforts in keeping our streets safe!
