“Let’s get the hearings done and…these guys back to work.” – APOA attorney Mike Rains

By Allen D. Payton

An investigation begun last March into the racist texts sent or received by at least two dozen Antioch Police Officers, with them being placed on paid administrative leave, is still not completed. That has left the department severely depleted from the 115 sworn officers authorized in the budget but only 81 on the force, not including the four new officers to be sworn in next Tuesday. Of that figure, 31 sworn officers are currently on some form of leave resulting in 50 actively working as of Wednesday, Feb. 7, 2024.

As previously reported, most of the officers caught up in the scandal only received some of the text messages but didn’t send any. (See related articles here and here)

Questions about the situation were sent on Wednesday, January 31, 2024, to City Attorney Thomas L. Smith, Acting Chief Joe Vigil, APD media relations officers and the Vice President of the Antioch Police Officers Association (APOA) Sgt. Loren Bledsoe. They were asked, “Is the investigation of the officers on paid leave in the text scandal completed, yet? If not, when will it be completed” and “have they all been interviewed, yet? If not, when will they be interviewed, how many have been interviewed, to date and how many officers still need to be interviewed?”

They were also asked, when will the officers who merely received but didn’t send any texts be put back to work, have any of them yet and if so, how many.

Vigil was specifically asked, “How many of the sworn officers on the Antioch Police force are currently active?”

The questions were turned over to the records division as a Public Records Act (PRA) request which allows government agencies in California up to 10 business days to respond. On Wednesday, February 7, Police Records Supervisor Amanda Nelson responded, “We currently have 85 officers on our roster, to include active duty and those on some sort of leave.” But she did not provide answers to the other questions.

Vigil shared that four new officers, included in that figure, will be sworn in next Tuesday, Feb. 13 and Lt. Mike Mellone responded, “We have 31 officers on some type of leave (including both administrative and medical leave).”

But no response was received about the current status of the investigation from City Attorney Smith

UPDATE: APOA Attorney Says “Let’s Get These Guys Back to Work”

However, APOA attorney Mike Rains, who was also asked some of the same questions did respond.

“I think all the officers have been interviewed who are on leave, some once, some twice,” he stated. “I think all of the officers remain on administrative leave.”

“Some have now been fired or left because of the criminal case. But there aren’t many of them,” he continued.

Asked how many of the officers his office represents Rains said, “We represent at least 16. I’ve tried to be in constant communication with the City to try to get them to be put back to work. These guys didn’t do anything wrong. If the department thinks they did, they didn’t do anything they deserve to get fired for.”

“In many cases the investigators have said there’s no violation of policy. But the City is not obligated to follow any recommendations of the investigators although they paid them a lot of money,” the attorney shared.

Asked if he knows when the investigation will be completed, Rains responded, “I don’t know how much longer it’s going to take. I keep telling them, ‘let’s get the hearings done and let’s get these guys back to work’.”

APOA VP Responds

APOA V.P. Bledsoe commented on the situation writing, “The APOA looks forward to the conclusion of this investigation, so we can focus on rebuilding the public’s trust. The department has been faced with unprecedented staffing shortages, resulting in unsafe working conditions for officers and unacceptable response times for the public. We hope that this investigation resolves soon so we can get back to providing the best possible police services to the citizens of Antioch.”

City Required to Follow State’s Hearing Disciplinary Process

As previously reported, the City is required to follow the state’s Skelly Hearing Disciplinary Process and the council members, in spite of Mayor Lamar Hernandez-Thorpe and Councilwoman Tamisha Torres-Walker both calling for all the officers under investigation to be fired.

The Skelly Hearing process which is like a Bill of Rights for city employees in California. According to the California Department of Human Resources’ Supervisors Guide to Addressing Poor Performance, the “Skelly Hearing is the name of the hearing the employee can ask for before the adverse action becomes effective to ensure no mistakes have been made by the department in taking the action.  This hearing is a short, more informal due process-review of the department’s case and the employee’s defense. It is called a Skelly Hearing because the requirement was established through a court case entitled Skelly v .SPB.”

According to unlocklegal.com, “a Skelly hearing is better described as a pre-disciplinary due process meeting. This procedural meeting ensures that when an employee is facing disciplinary action, the accused employee is informed of the allegations, has an opportunity to refute the allegations, and has an opportunity to mitigate the allegations or rehabilitate their standing with their employer before any actual disciplinary action. It is a preliminary meeting that must take place in the case of an employee’s termination, demotion, suspension, reduction in pay, or transfer with an accompanying loss in pay.”

The city manager serves as the City’s Skelly Officer. The hiring and firing of all city employees starts and ends with the city manager who signs the papers for each staff member.

In addition, police officers in California have the Public Safety Officers Procedural Bill of Rights Act giving them an additional process and greater protections from termination.

The city council as a whole or as individuals have no say in the process of determining which city workers, including police officers, will remain employed or be terminated. The Antioch City Council currently only has the authority to hire and fire the city manager and city attorney.

Police seek all three unknown males, public’s help

By Lieutenant D. Bittner #3252, Antioch Police Community Policing Bureau

On Tuesday, Feb. 6, 2024, at 6:50 p.m., Antioch Police officers were dispatched to E. 18th Street and Hillcrest Avenue for multiple callers reporting gun shots followed by a vehicle collision with injuries. It was determined that two unknown males assaulted another male in a nearby parking lot. As the two initial assailants retreated to their vehicle, the assault victim retrieved a handgun and fired multiple gunshots at the vehicle as it was leaving the parking lot.

The vehicle performed a U-turn against a red light at the above intersection while fleeing from the gunfire and collided with an uninvolved vehicle traveling east on E. 18th Street. The occupants of the vehicle being shot at fled on foot after the collision and were not located. The shooter fled the scene in a vehicle and was not located. The driver of the uninvolved vehicle was transported to an area hospital with complaints of pain.

Anyone with information is asked to call the Antioch Police Department non-emergency line at (925) 778-2441.

“He’s reaching. He’s reaching. Drop the gun.” – Officer Thomas Borg’s statements and command to Daniel Mackin

Suspect’s next court appearance tomorrow morning, Feb. 6

By Allen D. Payton

Following two Public Records Act (PRA) requests of the Antioch Police Department which were denied, and a PRA request of the Contra Costa District Attorney’s Office, the latter released body cam video footage of Antioch Police Officers Thomas Borg and Shawn Marques to the Herald, last week, showing the Oct. 1, 2023, shooting of Daniel Jackson Mackin, as he ran from them and two other officers in the 200 block of W. 3rd Street. That followed the release of the videos for a report by the East Bay Times the previous week. Officers claim Mackin, who was wanted for homicide, pointed a gun at them.

The other two officers who also shot at Mackin were previously identified as Kyle Armstrong and Dustin Dibble. Armstrong was given his oath of office just four days prior.

Lt. Rick Martin of the Investigations Bureau initially reported, “Inside the vehicle officers located a male subject who was in possession of a firearm. Officers gave commands to the subject who refused to comply with orders given. The subject attempted to flee in the vehicle but was unsuccessful. The subject abandoned the vehicle and fled on foot with the firearm in hand.”

Antioch Police had previously released screenshots of the body cam footage showing Mackin with a gun in his hand. His family claimed Mackin did not fire his gun and was shot in the back nine times. But that has not been confirmed by APD.

Details of Body Cam Video Footage

In the video from Borg’s body cam, he can be heard saying “Stop the car” as Macking was revving the engine to the van he was driving. After Mackin exited the van, at the 5:56 mark Marques could be heard yelling, “He’s reaching. He’s reaching” before the chase ensued. He can then be heard yelling at Mackin, “Drop the gun”.

In the video from Marques’ body cam, he can be heard yelling at Mackin, “Get your hands up” followed by the sound of multiple gunshots. Another officer could be heard saying, “Get on the f—ing ground”. Marques could also be heard shouting commands at his K-9, who participated in the chase, including, “Off, off” multiple times following the shooting. (See Borg video and Marques video. WARNING: Videos contain violence and profanity that may not be suitable for children and some viewers)

Mackin Wanted for Homicide

As previously reported, Mackin had a warrant for his arrest for homicide which occurred earlier last year. APD reported on Oct. 20 that an Antioch Community Service Officer located two vehicles parked in a carport in the 200 block of West 3rd Street. Both vehicles were suspected of being involved in a recent burglary within the City of Antioch. One of the vehicles was determined to be stolen. Officers Dibble and Officer Marques arrived a short time later to assist the CSO. Officer Marques peered into the van and noticed a male subject (Mackin) asleep inside with a gun close by his hands. The officers backed away and requested additional units to the scene.

As officers arrived, Mackin awoke and began moving within the vehicle. Officers gave commands and Mackin did not comply. Mackin started the vehicle and proceeded to drive towards the officers and exit the carport. The vehicle became disabled and was high centered on a grassy berm. With Mackin still in the driver’s seat, Officers on scene tried to de-escalate the situation by giving loud and clear commands. Ultimately, Mackin opened the side passenger doors to the van and fled on foot with the gun in his hand.

All four officers followed south on the A Street extension from West 3rd Street. While running, Mackin turned toward the officers, pointing the handgun in their direction. Fearing their safety and the safety of the public, the officers fired their duty weapons, striking Mackin several times. Officers immediately began rendering first aid and Mackin was transported to a local hospital to be treated for his injuries and is expected to survive. No officers or other members of the community were injured during this incident. Officers involved were temporarily placed on routine, paid Administrative Leave.

Once Mackin was positively identified, records check revealed Mackin was on Post Release Community Supervision (PRCS) for a felony conviction. Mackin also had a Ramey warrant for his arrest for his involvement in a homicide. Mackin was later booked into Martinez Detention Facility on the following charges:

• Ramey Warrant – 187 PC homicide / 211 PC robbery
• 245 (c) PC – Assault with a deadly weapon on a Peace Officer
• 29800 PC – Felon in possession of a firearm
• 496 (d) PC – Receiving a stolen vehicle
• 148 (a)(1) PC – Resisting arrest

On Oct. 23, Blair Mackin posted a video of the shooting on the Antioch Herald Facebook page below the post of the article about it. It shows Mackin running away and the sound of gunfire then officers firing their weapons. But part of the exchange is obscured by trees and the last half Mackin isn’t in view.

Then civil rights attorney Melissa Nord posted the video on her Twitter/X feed, that same day, as did Henry Lee of KTVU.  Nold wrote with her post, “It sure looks like Daniel Mackin is just running away when Antioch PD shot him in the back 7x. In this bystander video I don’t see him turn around or point a gun at officers like the press release claims, I see him trying to outrun a K9. Facts matters. Transparency matters.”

When reached for comment, Nord said, while she’s not representing Mackin, she might if a civil rights lawsuit is filed.

APD responded to the video writing, “This video footage was not provided to the Antioch Police Department and is from an unknown source. Due to the angle and perspective at which the video was recorded, it does not depict everything that occurred. A cell phone video recorded by a civilian of a police incident may present a limited perspective, failing to capture all angles and the entirety of the incident, potentially leading to a lack of context and incomplete information. This can hinder a comprehensive understanding of the situation and may contribute to misinterpretation or incomplete narratives.”

Lt. Michael Mellone and others within APD were asked to confirm the family’s claim that Mackin did not fire his weapon, who shot first and how many shots were fired. They did not respond.

APD also shared still video screenshots from the officers’ body cam footage showing a gun in Mackin’s hand.

Public Records Act Requests, APD Denies, CCDA’s Office Partially Fulfills

A California Public Records Act request for the body cam video footage of all officers involved was first submitted to the Antioch Police Department on Oct. 21, 2023. A second request for the footage was submitted to APD on December 5, 2023.

They responded, “This letter provides a further response to your 12/5/23 California Public Records Act (‘CPRA’) request received by the City of Antioch (‘City’) seeking records of body-cam footage for police-involved shooting on October 1, 2023, involving Daniel Mackin. (releasable under SB 1421 and AB 748 – Penal Code Sections 832.7 and 832.8).

This correspondence stands as the 60-day required notice, pursuant to Penal Code Section 832.7, for the City of Antioch Police Department report number 23-7441. The investigation for 23-7441 is not releasable at this time as the release of such could reasonably be expected to interfere with the investigation. I or another City representative will provide you with additional correspondence regarding this investigation on or before 2/1/24.”

A third, non-PRA request was made of Acting Chief Joe Vigil, Mellone and Sgt. Price Kendall on Jan. 22, 2024, also asking, “why was the officer covering his camera with his hand?  Are the officers instructed to not do that, so the video isn’t blocked?”

A PRA request was also submitted to the Contra Costa DA’s office that same day.

Vigil later responded, “I believe the release did not come from us” but did not answer the other questions.

On Wednesday, Jan. 31, Deputy District Attorney Sophea Nop provided the two videos previously released to the Times.

On Feb. 1, 2024, APD Records Supervisor Amanda Nelson responded:

“This letter provides a further response to your 12/5/23 California Public Records Act (“CPRA”) request received by the City of Antioch (“City”) seeking records of body-cam footage for police-involved shooting on October 1, 2023 involving Daniel Mackin. (releasable under SB 1421 and AB 748 – Penal Code Sections 832.7 and 832.8).

The investigation for 23-7441 is not releasable at this time as the release of such could reasonably be expected to interfere with the investigation. I or another City representative will provide you with additional correspondence regarding this investigation on or before 3/1/24.”

The videos from body cam footage of Officers Armstrong and Dibble have not yet been released.

Mackin’s Next Court Appearance Feb. 6

According to the Contra Costa Sheriff’s Office, the six-foot, 240-lb. Mackin’s next court appearance is scheduled for tomorrow, Tuesday, Feb. 6, 2024, at 8:00 a.m. in Contra Costa Superior Court Department 08.

Near Sycamore Square

By Lt. Rick Martin, Antioch Police Investigations Bureau

The Antioch Police Department needs your assistance identifying this individual who is a person of interest related to a recent shooting on January 3, 2024, at 8:37 p.m. in the 1000 block of Sycamore Drive near the Sycamore Square shopping center.

If you have any information that could identify this individual or his whereabouts, please contact Detective Duffy at 925-779-6884 or aduffy@antiochca.gov.

Arrested July 2, 2023, following police chase from Concord to Hercules and back to Bay Point

Has history of arrests dating to 2014

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

A jury in Contra Costa County convicted an Antioch man on offenses related to a high-speed chase in a stolen vehicle and illegal firearm possession.

The Contra Costa District Attorney’s Office filed a complaint in Superior Court charging 33-year-old Artis Chavez Crenshaw, Jr. (born 2/28/90), on July 6, 2023. The case was prosecuted by Deputy District Attorney Philip Farmer, and on January 18th, a jury in Pittsburg found Crenshaw guilty on four out of five counts. (See charges)

The offenses with which Crenshaw was charged with started on July 1st, when a victim’s vehicle was stolen in Antioch. On July 2nd, peace officers spotted Crenshaw driving the stolen vehicle in

Concord and attempted to pull him over. A high-speed chase ensued between police and Crenshaw that began on Port Chicago Highway near Highway 4. The pursuit continued onto westbound Highway 4 as Crenshaw accelerated to 115 mph while weaving through traffic. Even after the CHP laid down a spike strip at Sycamore Avenue near Hercules to disable the vehicle,

Crenshaw continued to evade officers by driving with a flattened tire onto eastbound Highway 4. He was eventually involved in a crash at the San Marco Boulevard exit in Bay Point and was taken into custody after the collision. The entire pursuit totaled 23 miles and lasted 16 minutes.

During his arrest, officers found an AR style pistol in the stolen vehicle. (See video)

Artis Chavez Crenshaw, Jr.’s sentencing hearing will be on March 1st at 8:30 am in front of Judge John Cope at the Arnason Justice Center in Pittsburg. Crenshaw faces a maximum of four years and four months in state prison.

According to localcrimenews.com, Crenshaw has a history of arrests dating to 2014 by Antioch PD, Napa County Sheriff’s Department, Petaluma PD, Concord PD and the Contra Costa County Sheriff’s Department for crimes including shoplifting, addict and convicted felon in possession of a firearm and other gun and ammunition charges, burglary, grand theft, assault with a deadly weapon likely to cause great bodily harm on a peace officer or fireman, receiving or concealing stolen property, possession of personal identity with intent to defraud, robbery and carrying a switch blade.

According to the Contra Costa Sheriff’s Department, the 6-foot, five-inch, 205 lb. Crenshaw is being held in the Martinez Detention Facility on no bail and his next court appearance is scheduled for March 1, 2024 at 8:30 a.m. in Superior Court in Pittsburg.

Case No. 04-23-01211 | The People of the State of California v. Artis Chavez Crenshaw, Jr.

Allen D. Payton contributed to this report.

Significant decline in number of highway violence incidents involving firearms on for second year in a row.

By Jaime Coffee, CHP Media Relations

SACRAMENTO, Calif. – In a significant milestone for public safety, the California Highway Patrol (CHP) documented a substantial reduction in the number of freeway shootings across the state.  The number of confirmed freeway shootings in California dropped from 349 to 274 last year – a reduction of more than 21% from the previous year and a 38% reduction from 2021.

In addition to the reduction in the number of freeway shootings, CHP data confirms the number of victims killed and injured in highway violence incidents also decreased.  Last year there were four people killed in freeways shootings, which is a 60% reduction from 2022.  Additionally, there was an 8% reduction in the number of people injured – from 74 to 68 last year.  Reflecting the good work that contributed to these reductions, the number of arrests by the CHP in freeways shootings increased nearly 9% from 2022.

“While this downward trend marks progress, let’s be clear: one life lost by gun violence is one too many,” said Governor Newsom. “California will remain relentless in our pursuit to improve public safety, reduce gun violence, and invest in smart crime-fighting strategies that deliver real results.”

 “Freeway shootings are serious crimes, and the CHP actively investigates every incident of highway violence,” said CHP Commissioner Sean Duryee. “This accomplishment reflects our unwavering commitment to ensuring the safety of our highways throughout California and fostering an environment where motorists can travel without fear.”

If you are driving on the freeway and a shooting takes place near you, you should remain calm, be a good witness and note any details such as vehicle descriptions and license plate numbers.  Maintain a safe distance from the suspect, and call 9-1-1 if possible, to report the incident and your current location.

The mission of the CHP is to provide the highest level of Safety, Service, and Security.

City’s 2nd homicide this year

By Lt. Rick Martin, Antioch Police Investigations Bureau

On January 23, 2024, at approximately 10:53 pm the Antioch Police Dispatch center began receiving multiple calls of shots fired with a subject injured in the unit block of Bryan Avenue. Officers arrived and located two victims, a 41-year-old male and a 59-year-old male, both from Antioch each with multiple gunshot wounds. Officers rendered first aid to both victims. Contra Costa Fire Department and Paramedics arrived a short time later and transported both victims to local hospitals.

The 41-year-old male victim succumbed to his injuries at the hospital and was pronounced deceased. The second victim has life threatening injuries.

Antioch Police Detectives were notified and have taken over the investigation. We are withholding the names of the victims until proper family notifications have been made. No further information will be provided at this time.

It’s the city’s second homicide of the year. As previously reported, the first homicide occurred on Jan. 10th when a 43-year-old man was shot.

Anyone with information is asked to call Detective Gragg at (925) 779-6889 or the Antioch Police Department non-emergency line at (925) 778-2441.

Allen D. Payton contributed to this report.

By BART.gov

At 3:51 pm on Friday, January 19, 2024, BART Police received a call about a shooting that occurred on the platform of Pittsburg Center Station located at 2099 Railroad Avenue. The initial report was that a male suspect shot a male victim and fled the scene. The victim was taken to an area hospital and remains in critical condition.

A few hours later a second male victim who had also been shot showed up at an area hospital. The second victim remains in stable condition with a wound to his leg. BART PD is working to determine a motive for the shooting. At this point, investigators believe the shooting was not random.

The incident forced the shutdown of Pittsburg Center Station for approximately 4 1/2 hours so investigators could gather evidence. Investigators are also reviewing surveillance video captured by platform cameras at the station. The station was reopened and normal service restored.