6 face possible permanent decertification as peace officers

There have been no arbitrations that have occurred to date according to City staff

“Virtually all will get their jobs back.” – APOA & defense attorney Mike Rains. May call mayor, councilwoman to testify.

“…we are pleased to see that the investigation into these incidents has concluded.” – APOA VP Sgt. Loren Bledsoe

By Allen D. Payton

A report in the East Bay Times on Monday, June 17, 2024, provided information that’s been sought for months by local media about the number of Antioch Police Officers who have been terminated as a result of both the FBI and text scandal investigations over the past two years. According to the report, 10 officers have been fired and the information was based on “recently obtained emails department commanders sent to city officials.”

In the report he cited three more officers who had quit because they, “knew that harsh discipline was imminent, city documents say.” The Times also reported, “six officers were given unpaid suspensions…one received a written reprimand” and “One officer was cleared of wrongdoing.” That doesn’t include former Officer Matthew Nutt who was acquitted by a jury last Thursday of assault against a man he arrested two years ago.

That information was confirmed by Antioch District 2 Councilman Mike Barbanica on Monday which he had just confirmed that with City staff and was given authorization to share it with the media. He said, “10 officers were terminated, three resigned prior to any discipline being implemented, two were demoted, six were suspended and one was cleared of all charges from an independent investigation, not including Matthew Nut.”

The Times’ report claimed, “city officials attempted to fire or discipline several more officers who ultimately won arbitration hearings and got the decisions reversed or reduced, according to multiple officials with firsthand knowledge.”

However, asked about the arbitrations Barbanica said, “I am not aware of any arbitrations that have yet occurred. It doesn’t mean they haven’t.”

After a call to City staff, during a brief, follow up conversation Barbanica clarified saying firmly, “There have been no arbitrations that have occurred to date.”

Of the 10 officers who were terminated, six also face decertification as peace officers.

APOA Attorney Confident Officers “Will Get Their Jobs Back”

When asked about the 10 terminations, defense attorney Mike Rains, who also represents the Antioch Police Officers Association (APOA), said, “I am confident they will get their jobs back. There were terminations who were charged criminally and those who sent the text messages. We (his law firm) conflicted out of the criminal cases.”

“Nutt wasn’t involved at all in the text case,” he added.

“Virtually all will get their jobs back,” Rains stated. “Six cases are pending right now for the texting that were terminated that we represent, that I’m confident they’ll get their jobs back.”

“This is a way overreaction for the text messages on their personal cell phones,” the attorney continued. “The guys who just received them or sent the message back that the City thought was not a condemnation, the City claimed Biased-Based Policing. They threw that out in most of these cases, which is ridiculous. That’s based on officers targeting individuals in the community, that they’re going to get them because of their race and wouldn’t consider targeting people of other races.”

Bias-Based Policing is also known as profiling. According to civilrightspolicing.org, is “Profiling is presuming that someone is involved in criminal activity based on who they are rather than what they have done.”

“The City said, ‘you used a bad word we don’t like, that we think is a racist term and we’re going to fire you for them,’” Rains continued. “Amiri and Rombough had texts that were really offensive. But many of them they were sending they were putting out on chains including 15 people. Some of the officers said they weren’t even reading them.”

As previously reported, Mayor Lamar Hernandez-Thorpe called for the firing of all the officers investigated for the text scandal in May 2023 and again the following month. In May 2023, District 1 Councilwoman Tamisha Torres-Waker also called for the immediate firing of “officers involved in the racist texting scandal.”.

Asked if that tcould affect the officers’ efforts to regain their jobs Rains said, “I’ll probably subpoena Thorpe to testify. I may call her, too.”

“The mayor’s comments about the entire department are completely misleading,” he added.

APOA Responds

In response to the information released about the 10 terminated officers, APOA Vice President Sgt. Loren Bledsoe wrote, “We acknowledge the recent developments regarding the disciplinary actions taken against several Antioch officers. As a union, we are committed to upholding the highest standards of professionalism and integrity within our ranks.

It is important to note that the APOA cannot comment on ongoing personnel matters. However, we are pleased to see that the investigation into these incidents has concluded.

Moving forward, our focus will be on rebuilding relationships with the community and restoring public trust. We understand the significance of fostering positive connections between law enforcement and the people we serve. We are dedicated to working collaboratively with community leaders, organizations, and residents to ensure public safety and promote a sense of security for all.

We remain committed to continuous improvement, education, and training within our department. We will strive to create an inclusive and equitable environment that reflects the values and expectations of the diverse Antioch community.”

6 Face Possible Permanent Decertification

Beyond being terminated from their positions, six former Antioch Police officers face possible permanent decertification. According to the California Commission on Police Officers Standards and Training (POST) police officers can face decertification for Serious Misconduct. That is defined by the Commission as follows:

1. Dishonesty relating to the reporting, investigation, or prosecution of a crime, or relating to the reporting of, or investigation of misconduct by, a peace officer.
2. Abuse of power, including, but not limited to, intimidating witnesses, knowingly obtaining a false confession, and knowingly making a false arrest.
3. Physical abuse, including, but not limited to, the excessive or unreasonable use of force.
4. Sexual assault as described in subdivision (b) of Penal Code §832.7, and shall extend to acts committed amongst members of any law enforcement agency.
5. Demonstrating bias on the basis of actual or perceived race, national origin, religion, gender identity or expression, housing status, sexual orientation, mental or physical disability, or other protected status in violation of law or department policy or inconsistent with a peace officer’s obligation to carry out their duties in a fair and unbiased manner.
6. Acts that violate the law and are sufficiently egregious or repeated as to be inconsistent with a peace officer’s obligation to uphold the law or respect the rights of members of the public.
7. Participation in a law enforcement gang.
8. Failure to cooperate with an investigation into potential police misconduct.
9. Failure to intercede when present and observing another officer using force that is clearly beyond that which is necessary, as determined by an objectively reasonable officer under the circumstances.

Five Types of Decertification

The commission publishes the names of any peace officer whose certification is suspended or revoked and the basis for the suspension or revocation. There are five types of decertification:

Ineligible – An individual has been disqualified from eligibility to be a peace officer based on a disqualifying event as set forth in Government Code section 1029.

Revoked – The peace officer has been decertified and may not exercise the duties and powers of a peace officer. A revocation is permanent, and the certification shall not be reactivated.

Voluntary Surrender or Surrender – A person who holds a certificate issued by the commission, knowingly and willingly, returns the certificate to the commission, forfeiting all rights and privileges associated with that certificate. A “surrender” has the same effect of a revocation in that it cannot be reactivated.

Immediate Temporary Suspension or Temporary Suspension – The immediate suspension of a peace officer’s certification, pending the outcome of an investigation related to allegations of serious misconduct, pursuant to Penal Code section 13510.8(d). The “temporary suspension” may be issued under the following circumstances:

• When a peace officer is arrested or indicted for a felony or other crime listed in GC§ 1029,
• When a peace officer is discharged from a law enforcement agency for serious misconduct, or
• When a peace officer has separated from employment as a peace officer during a pending investigation into allegations of serious misconduct.

The temporary suspension remains in effect until either a final determination is made by the Commission or the Executive Director withdraws the “temporary suspension” if a withdrawal is deemed to be warranted

Suspension – a disciplinary action of the Commission wherein a peace officer certification has been suspended for a specified period of time, not to exceed three years. A peace officer whose certification has been suspended may not be assigned duties which include the exercise of peace officer powers.

The six officers have all been fired from their positions with the Antioch Police Department but each of their certifications as police officers are currently under Temporary Suspension as of Monday, June 17, 2024. The list is updated weekly on Monday mornings.

Current APD Sworn Staffing

Interim Antioch Police Chief Brian Addington reported earlier this month to the Police Oversight Commission the names of all the sworn officers currently on the force, including 17 currently on paid leave. As of Monday, June 17, 2024, there are now 76 sworn officers in the department out of 115 in the budget approved by the city council and additional officers will be sworn in next week.

Lateral Officer Ricardo Mayorga hired from CHP; former APD Records Technician Alma Rodriguez hired as CSO; new Lt. Matt Koch promoted following competitive process including outside candidates

Brings force to 76 sworn, more additions next week

By Allen D. Payton

During an oath of office ceremony on Monday, June 17, 2024, one more Antioch Police officer was sworn in, a Community Service Officer (CSO) joined the force, and a sergeant was promoted to lieutenant. Held at the Antioch Police Facility’s Community Room, family members, friends, a city council member, department and City staff members, and a representative from the U.S. Marshals Service witnessed Interim Chief Brian Addington administer two oaths, the regular oath of office to Officer Ricardo Mayorga and Lieutenant Matt Koch, plus, the International Association of Chiefs of Police (IACP) Law Enforcement Oath of Honor to them and CSO Alma Rodriguez.

Before introducing and swearing them in, about all three Addington said, “It signifies career growth and opening new opportunities. We need good men and women like yourselves in these positions.”

“I want to thank all three of you for your willingness to continue to serve in this profession. The margin of error is smaller than ever. Also, our communities rely on us more than ever to serve and protect them,” he added.

To the families the chief said, “We know your sacrifices and it’s not always easy having a family member in law enforcement. They miss a lot of family events. We appreciate and recognize and honor you.”

Promotion of Lieutenant Matt Koch Following Competitive Process

Addington first introduced new Lt. Koch, who has been with APD for his entire career.

“I’m just excited for new leadership and being able to mentor our new leadership and find new leaders in our department as we work to rebuild,” Koch said before the ceremony.

Starting in 1996 as a Police Explorer and cadet, the 45-year-old “worked his way to become a CSO, Reserve Police Officer, and eventually a full-time officer in 2001,” the chief shared.

Addington shared additional information about the new lieutenant’s experience with the department saying, “Koch worked on several special assignments as a patrol officer from 2001 to 2013 (SWAT, POP (Problem Oriented Policing) Team, Field Training Officer and K9). In 2014, he transferred to investigations and also worked in the Special Operations Unit (SOU), and eventually was a member of the County Safe Streets Task Force and the U.S. Marshal’s Fugitive Task Force.”

He was then promoted to corporal in 2016, sergeant in 2017, and acting lieutenant a few times and most recently since March, Koch shared.

“As a sergeant, he worked on several assignments, including Professional Standards, Investigations, and as the SOU supervisor,” Addington stated. 

An Antioch High School graduate, Koch holds A.A. and B.S. degrees in Criminal Justice from California Coast University.

“Lt. Koch is currently attending POST’s Supervisor Leadership Institute (SLI), a program designed to stimulate personal growth, leadership, and ethical decision-making in California law,” the chief continued. “The coursework consists of over 190 hours over eight months, and he is on track to graduate in November 2024.”

Addington then shared a “Fun Fact” about Koch saying, “Matt takes his family camping (RVing) any chance he can. Their last big trip was last year, when he brought his 5th wheel to Yellowstone, Montana, for two weeks. Matt enjoys his free time with family and smoking/BBQing in the backyard.”

The chief then swore in the department’s newest lieutenant.

“I think through each of my promotions, everyone in my family has been able to pin a badge on me. The only one who hasn’t, is my daughter,” Koch shared. She then joined him on the stage to pin her father with his new badge.

Later, Addington shared more about “the work Lt. Koch did to get here. It’s one of the toughest jobs. You’re breaking into middle management. This lieutenant process was opened up to candidates from outside of the organization as well, the first time in the department’s history.”

That included, “a book report and a panel of law enforcement professionals and a community panel. He represented his family and this department well,” the chief explained. “He really earned this. I think he’s been preparing to take on this role for several years.”

After taking his oath, Koch said, “My wife and daughters have sacrificed so much throughout my career. I just want to say, thank you for all your love and support and sacrifices you made along the way.”

“I’d like to thank Chief, Command Staff and my entire Antioch Police Department family for the trust and support in me,” he continued. “I’m just deeply honored to be here and accept this promotion. You know, I’m grateful for all the trust everyone has given me and put into me and like the chief says, I do promise to serve with dedication, integrity and with commitment to the organization and to our mission.”

“As our department continues to rebuild, I’m looking forward to working with each of you, mentoring and coaching and help finding and rebuilding that new leadership within the department,” Koch stated. “Together, we can inspire and make a lasting impression not only within this organization but for our community.”

“I’m so grateful to be a part of it and I look forward to working with everyone. Thank you,” he concluded. (See video)

Lateral Police Officer Mayorga

Next, Addington swore in new Officer Mayorga, a lateral hire from the CHP in Solano County. A 10-year Antioch resident, “Ricardo was born in Chicago and moved to Guadalajara in Jalisco, Mexico at age 3. He returned to the United States and has lived in the East Bay since he was 15. He lives in Antioch and has lived here for the past ten years. Before APD, Ricardo worked for the California Highway Patrol. He enjoys working out, taking long drives, and hiking during his free time,” the chief shared.

Addington then offered the “Fun Fact” about Mayorga saying, “Ricardo understands that persistence pays off because it allows us to overcome obstacles and challenges and leads to personal growth and success. He worked for CHP before joining APD. CHP is a vast organization, so it is not uncommon to have to apply several times before getting selected, and that is precisely what he did. Ultimately, CHP selected him, and he completed their process, graduating from their academy and successfully completing their FTO program.”

Following his oath of office, Mayorga shared his appreciation for the promotion saying, “Thank you for the opportunity Chief. It was hard to get here. I’m here to continue to follow the rules and learn and I’m just thankful for the opportunity.”

His fiancé then pinned him with his officer’s badge.

Following the ceremony the 36-year-old Mayorga shared that when he moved back to the U.S., he first lived in Wildomar in Southern California. Mayorga then moved to the Bay Area, first to Oakley, where he attended high school at Freedom High and finished at Independence High in Brentwood, then later to Antioch.

“I worked for 16 years in the hotel industry and applied half that time for the CHP,” which Mayorga finally joined last year, he explained.

Asked why Antioch and why now, the department’s newest officer said, “Not only do I live here, but I knew the department had been going through not only new management but a whole new generation of officers.”

“To learn, grow and get new training to further my career,” Mayorga added as his reasons.

New CSO Rodriguez

“Finally, Records Technician Alma Rodriguez,” Addington said introducing her as the department’s newest CSO, who was hired as a Police Records Technician on December 4, 2024, and selected to the new position effective today. “She has an ambition to be a police officer. It is a crucial position within a police department. It can be traffic control… book and transport prisoners to the county jail in Martinez,” which she was doing, today just before the ceremony began.

“We couldn’t do without our CSO’s because it allows our officers to focus on more serious incidents,” the chief stated.

“Alma grew up in the Bay Area and started her career in banking, which she did for six years,” Addington shared. “While working in banking, she realized she preferred to work in the public sector, so she left for Contra Costa County Probation. Probation was a wonderful place, but she wanted to be more involved with law enforcement, which brought her to Antioch PD. Alma is very excited about this next opportunity at the Antioch Police Department.”

The chief then shared the “Fun Fact” about the new CSO saying, “Alma likes to consider herself a Cricut Master and loves to work on craft projects.”

Rodriguez then said, “I’m very excited for this opportunity and I can’t wait to keep growing within the APD family.” She chose her father to present the CSO badge to her.

Addington explained that CSO’s are not administered an oath of office and said her new uniform hadn’t yet arrived, so Rodriguez couldn’t be pinned during the ceremony.

IACP Law Enforcement Oath of Honor

Before administering the Law Enforcement Oath of Honor to all three, Addington said, “The IACP Governing Body developed an Oath of Honor to punctuate the importance of treating all individuals with dignity and respect and ensuring the preservation of human life.”

“This is a public affirmation of your commitment to adhere to this oath and demonstrate the highest ethical standards,” the chief said to them. “Before you take the Oath of Honor, you must understand what it means. This oath is a solemn pledge that you sincerely intend to abide by the terms of the Oath of Honor.”

“Do each of you understand that?” he asked, to which they each replied, “Yes.”

The three repeated after Addington saying, “On my honor, I will never betray my integrity, my character, or the public trust. I will treat all individuals with dignity and respect and ensure that my actions are dedicated to ensuring the safety of my community and the preservation of human life. I will always have the courage to hold myself and others accountable for our actions. I will always maintain the highest ethical standards and uphold the values of my community, and the agency I serve.”

The chief later shared the new, additional oath is something he started the last time he swore in new Antioch Police officers.

Following the ceremony, family and friends took photos with the three officers and enjoyed refreshments provided by APD and offered tours of the facility.

With Mayorga’s addition, based on the latest APD staffing report presented to the Antioch Police Oversight Commission on June 3, 2024, that brings the force to 76 sworn officers out of 115 budgeted. More officers will be sworn in next week Addington shared with the Herald. (See most recent APD staffing report)

Suspect unknown

By Acting Lt. Matthew Koch #3018, Antioch Police Field Services Division

On June 14, 2024, at approximately 4:25 PM, Antioch police officers responded to the 800 block of West 2nd Street on a report of a male who had been shot and in need of medical attention.

When officers arrived, they located a male suffering from at least one gunshot wound. Officers immediately rendered first aid until they were relieved by paramedics. The victim was transported to an area hospital, where he underwent surgery. The male is in critical but stable condition and is expected to survive.

Based on the investigation, officers believe it is a domestic incident and we are actively working on this case. This is an active investigation, and no further information will be released.

This information was made available by the Field Services Bureau.

Took jury an hour to find Matthew Nutt not guilty

“Officer Nutt did exactly what he was trained to do and what the law allows him to do in order to control a man wanted for a serious and violent crime,” defense attorney Nicole Pifari

“All the glory to God” – Matthew Nutt

Appealing his termination, City agrees to arbitration

By Allen D. Payton

A year after being terminated then charged with misdemeanor assault during a 2022 traffic stop incident, former Antioch Police officer Matthew Nutt was acquitted by a jury on Thursday, June 13, 2024.

As previously reported, in May 2023, Nutt was terminated from his employment as the result of an internal investigation into his use of force against an individual during a traffic stop on July 1, 2022. During the incident, Mr. Nutt learned the driver of a vehicle stopped for not displaying license plates had an outstanding felony warrant for shooting at an inhabited dwelling or occupied vehicle and conspiracy. Upon placing the individual under arrest, he refused to sit in the back of a police vehicle and displayed physical resistance. Mr. Nutt used force against the arrestee, consisting of a series of punches and kicks, along with knee and elbow strikes.

Nutt was represented by attorney Nicole Pifari, a partner in the Rains Lucia Stern St. Phalle & Silver, PC Legal Defense Group, whose lead partner,  Mike Rains, represents the Antioch Police Officers Association. According to her bio, “She has successfully defended police officers from criminal prosecutions in both state and federal court, and also represents officers around the state facing administrative investigation, disciplinary appeal, or the trauma of involvement in critical incidents.”

Pifari issued the following statement about the acquittal: “Antioch Police Officer Matthew Nutt Found Not Guilty

Today, after one hour of deliberation, a Contra Costa County Jury acquitted former Antioch Police Officer Matthew Nutt at the conclusion of a one-week trial. Nutt was charged with misdemeanor assault after using force while arresting a man for a felony warrant. He was represented at trial by Nicole Pifari of Rains Lucia Stern St. Phalle & Silver, PC.

The call originated with a traffic stop where the passenger in the car had a warrant for two felonies related to a drive by shooting. After being handcuffed, the suspect tried to run, then began to resist, leading to a physical struggle at the door of the patrol car with two officers. At well over 300 pounds, the suspect was overpowering the officers when Nutt used a series of body strikes to gain his compliance. 

“First and foremost, we are incredibly grateful to the jury for their work. I remain perplexed by this criminal filing. In my opinion it was nothing more than a knee-jerk reaction to the video. The prosecution failed to call a single percipient witness with the most glaring omission being their failure to call the shooting suspect. Basically, the prosecution tried to ruin a decorated police officer and veteran’s life without any evidence,” said Pifari. 

“Officer Nutt did exactly what he was trained to do and what the law allows him to do in order to control a man wanted for a serious and violent crime,” Pifari added. 

“All the glory to God,” Nutt added. 

When reached for comment about the acquittal Rains said, “I knew the case. I was talking with Nicole about it, the motions before trial and the way the case was going to be prosecuted by (Chief Contra Costa Assistant District Attorney) Simon O’Connell. I had seen the video and we discussed it.

“I couldn’t believe that Simon thought he could ever get a conviction on this case without even offering up a use of force expert who said the use of force was unreasonable,” Rains continued. “He apparently thought he was going to put the video up there. He called a video guy (to testify) who said he was asked to look at the punches that Nutt delivered to the victim.”

“Nicole appropriately asked the video expert, ‘Were you asked to look at what the alleged victim was doing to prompt the officer to do what he did?’ He said, ‘no, I wasn’t asked to do that’,” Rains stated. “To freeze the frame showing what Officer Nutt did and not freeze a frame showing this guy kicking at the officer and refusing to get into the car was entirely misleading. This is a prosecutor who doesn’t care about showing the truth to the jury and they saw it very clearly.”

“The trial only took a few days. It didn’t take the jury long, only an hour to reach a verdict,” Rains shared. “Thats because Simon O’Connell is such a poor prosecutor.”

“Nicole put Nutt on the witness stand. He’s an honest man. The jury believed what he said, and they came back with a unanimous not guilty verdict” Rains continued. “It was a slam dunk win for the defense and what amounted to a condemnation by the jury of Simon O’Connell, (DA) Diana Becton and the District Attorney’s Office for bringing this case.”

Termination Based on Department Policy, Not the Law

According to the Antioch Police Department, Mr. Nutt’s application of force triggered an automatic review of his body-worn camera footage. The reviewing supervisor had concerns about what was depicted in the video and believed Mr. Nutt may have violated Antioch Police policies governing use of force. The supervisor communicated his concerns through official channels, and an internal review was initiated. Mr. Nutt was placed into an assignment with no direct public contact.

After a thorough investigation, Mr. Nutt was sustained on four (4) use of force policy violations, including using unreasonable force, failure to de-escalate, and failure to use alternative tactics. Chief Steven Ford reviewed the findings of the investigation and terminated Mr. Nutt from his employment with the Antioch Police Department on April 21, 2023.

Asked if Nutt’s termination by the department was included in his prosecution, Rains said, “I don’t believe that came in. The administrative side of the case is not usually brought into a criminal case.”

“It’s not based on a violation of the law but only looks at the department policy,” he continued. “The department standard for discipline would be the mere preponderance of the evidence. Understand, a jury can only convict on a crime beyond a reasonable doubt. So, it’s a different standard.”

“The only reason Matthew Nutt was terminated is because it was in the heyday of the text scandal and I know there was immense pressure on Chief Ford,” Rains stated. “I don’t think he wanted to terminate this young man.”

Termination Appealed Will Go to Arbitration With City

“We’ve appealed his termination and have agreed to go to arbitration,” he added.

Asked when that will occur, Rains said, “We don’t have it scheduled yet. We were waiting for the criminal case to end.”

UPDATE: DA’s Office Responds

In response the DA’s Office PIO, Asregadoo wrote, “Though the verdict was not in our favor, we acknowledge the importance of a jury trial in ensuring a fair and impartial legal process.”

Near Antioch Target store

By Brentwood Police Department

REAL OR FAKE?

Last Wednesday, June 5, 2024, around 1:45 in the morning, a Brentwood officer was patrolling Lone Tree Way when they observed a parked car near the Target parking lot. Given that the businesses were closed, and it was very early in the morning, the officer conducted a suspicious vehicle stop and contacted the owner, identified as 57-year-old Louis Gonzalez from Pittsburg.

Gonzalez informed the officer that he had a drug pipe. Upon searching his car, the officer found an imitation gun, drug paraphernalia, and unlawful possession of tear gas.

Gonzalez was placed under arrest, and the imitation gun and tear gas were confiscated.

This incident highlights the dangers and challenges posed by imitation firearms. These replicas can easily be mistaken for real weapons, potentially leading to dangerous situations for both law enforcement and the public.

Allows felony charges and increases sentences for certain theft and drug crimes, including fentanyl

Sacramento, CA – California Secretary of State Shirley N. Weber, Ph.D. announced that an initiative became eligible for the November 5, 2024, General Election ballot on June 10, 2024.

In order to become eligible for the ballot, the initiative needed 546,651 valid petition signatures, which is equal to five percent of the total votes cast for governor in the November 2022 General Election.

A measure can become eligible via random sampling of petition signatures if the sampling projects that the number of valid signatures is greater than 110 percent of the required number. The initiative needed at least 601,317 projected valid signatures to become eligible by random sampling, and it has exceeded that threshold today.

On June 27, 2024, the Secretary of State will certify the initiative as qualified for the November 5, 2024, General Election ballot, unless it is withdrawn by the proponent prior to certification pursuant to Elections Code section 9604(b).

While the proponents of the initiative, Californians for Safer Communities labeled it The Homelessness, Drug Addiction, and Theft Reduction Act. But Attorney General Rob Bonta’s official title and summary of the measure is as follows: ALLOWS FELONY CHARGES AND INCREASES SENTENCES FOR CERTAIN DRUG AND THEFT CRIMES. INITIATIVE STATUTE.

– Allows felony charges for possessing certain drugs, including fentanyl, and for thefts under $950—both currently chargeable only as misdemeanors—with two prior drug or two prior theft convictions, as applicable. Defendants who plead guilty to felony drug possession and complete treatment can have charges dismissed.

– Increases sentences for other specified drug and theft crimes.

– Increased prison sentences may reduce savings that currently fund mental health and drug treatment programs, K-12 schools, and crime victims; any remaining savings may be used for new felony treatment program.

Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Increased state criminal justice system costs potentially in the hundreds of millions of dollars annually, primarily due to an increase in the state prison population. Some of these costs could be offset by reductions in state spending on local mental health and substance use services, truancy and dropout prevention, and victim services due to requirements in current law. Increased local criminal justice system costs potentially in the tens of millions of dollars annually, primarily due to increased court-related workload and a net increase in the number of people in county jail and under county community supervision. (23-0017A1)

According to Ballotpedia.com, the political action committee supporting the measure, Californians to Reduce Homelessness, Drug Addiction, and Theft, has raised over $7.2 million to support the effort. Of that amount $2.5 million was contributed by Walmart, $1.0 million from Home Depot, $500,000 from Target, $300,000 each from 7-Eleven and California Correctional Peace Officers Association Truth in American Government Fund.

The Secretary of State’s tracking number for this measure is 1959 and the Attorney General’s tracking number is 23-0017A1.

The proponent of the measure is Thomas W. Hiltachk of the Bell, McAndrews & Hiltachk law firm. They can be reached at (916) 442-7757. The address for the proponent is 455 Capitol Mall, Suite 600, Sacramento, CA 95814.

For more information about how an initiative qualifies for the ballot in California, visit https://www.sos.ca.gov/elections/ballot-measures/how-qualify-initiative/

Allen D. Payton contributed to this report.

Multi-agency effort nabs 3 others from East County, 7 total from Contra Costa, 4 other Bay Area suspects during Predator Operation; one suspect is a Boy Scouts Troop Master

By Danielle Navarro, Assistant City Manager, City of Oakley

The Oakley Police Department hosted an operation May 24 through 31 that involved identifying and arresting adults who use the internet to seek out children to sexually exploit and abuse them. This was done in conjunction with the Internet Crimes Against Children (ICAC) task force and it included the following agencies: Antioch, Brentwood, Pittsburg, Concord, Danville and Walnut Creek Police Departments, Contra Costa County Sheriff’s Office, Contra Costa District Attorney’s Office, Contra Costa County Safe Streets Task Force, FBI, Homeland Security Investigations and the U.S. Secret Service

Oakley Police Detective J. Dombrouski coordinated the operation, supported by Sergeant K. Morris, Detective B. Gill, Detective N. Pistello, Detective R. Schiff and a host of other Oakley police officers. The coordination efforts included making sure enough personnel were dedicated and in place to account for an appropriate number of takedown teams and making sure there was enough technical, forensic and investigative support to lead to a successful operation.

This operation resulted in 11 arrests of adults who established inappropriate and sexually-based online relationships with who they believed were minor children. The 11 suspects arrested attempted to physically meet up with their intended target by driving to a predesignated “meet location.” Some brought candy with them as well as sexual contraception items. One of the suspects is a known Boy Scout Troop Master; another suspect is a known behavioral therapist for children with special needs. All 11 suspects were booked into jail on felony charges.

The identities of the 11 suspects who were arrested are:

• Jonathan Francisco Henriquez-Garcia, male, 32, Antioch
• Humayoun Kabir, male, 60, Antioch
• Anthony Joseph Taormina, male, 64, Oakley
• Yerson Josue Cruz-Perez, male, 27, Pittsburg
• Isaias Valdez, Jr., male, 30, Pittsburg
• Jason Michael Pearson, male, 48, Concord
• Daniel Mark Sigmundson, male, 51, Concord
• Elio Rodriguez-Martinez, male, 29, Oakland
• Ashneel Singh, male, 29, Hayward
• Luis Cuevas-Morales, male, 25, Hayward
• Zuhair Mukatash, male, 59, South San Francisco

“I thoroughly appreciate all of the efforts and diligence exhibited by all of the law-enforcement personnel, Deputy District Attorneys, and support staff members that resulted in the arrests of these very dangerous men, said Oakley Police Chief Paul Beard. “Furthermore, I am very proud of my investigations staff who coordinated everything that went into this operation, and I am honored to be their Chief. I have always appreciated proactive, task-oriented missions. This operation ranks at the top of what I consider to be the most important type of proactive, task-oriented missions. In a very literal sense, the innocence of children was saved by the efforts that went into this operation. Knowing some of the back stories that went into these arrests, I have a very visceral feeling of disgust about the men who were arrested. I believe I speak for everybody involved in what happened when I say I fully support the prosecutors as they manage the criminal filings and cases against these men while they seek complete accountability against them. Stay safe Oakley and hold your children tight.”

Charges, Arrest History & Custody Status for Contra Costa Suspects

According to localcrimenews.com:

Henriquez-Garcia was arrested on May 29th for attempted lewd acts with a child, arranging a meeting with a child for lewd purposes and attempting to contact a minor with intent to commit an offense;

Kabir was arrested on May 30th for attempted kidnapping, attempting lewd acts with a child, arranging a meeting with a child for lewd purposes, attempting to contact a minor with intent to commit an offense and distribution or exhibition of lewd material to a minor (with prior);

Taormina was arrested on May 30th and charged with lewd acts upon a child, attempted kidnapping, attempting to contact a minor with intent to a commit offense, arrestee arranged a meeting with a person he knows to be a minor for the purpose of exposing his or her genitals;

Valdez was arrested on May 29th for lewd acts upon a child, warrants or holds only, arranging a meeting with a child for lewd purposes and attempting to contact a minor with intent to commit an offense. He was previously arrested in July 2022 by the San Joaquin County Sheriff’s Department for vandalism – damage to property, carrying a concealed firearm upon person – pistol / revolver / other firearm and carrying a loaded firearm when not the registered owner;

Pearson was arrested on May 29 for attempt lewd acts with a child, warrants or holds only, arranging a meeting with a child for lewd purposes, attempting to contact minor with intent to commit offense. He was previously arrested in Nov. 2016 by Concord Police for battery on a spouse / cohabitant / former spouse; and

Sigmundson was arrested on May 31st for lewd acts upon a child, arranging a meeting with a child for lewd purposes and attempting to contact a minor with intent to commit an offense.

The website did not provide any information about Cruz-Perez.

According to the Contra Costa County Sheriff’s Office:

as of Tuesday, June 4th, Taormina and Kabir had bonded out of custody;

as of Monday, June 10th Cruz-Perez was still in custody; the five-foot, five-inch, 220-pound Valdez (born 4/6/1994) is being held on no bail at the West County Detention Facility and has a court appearance scheduled for Thursday, June 12 at 8:30 AM in Superior Court;

as of Monday, June 3rd, Pearson had bonded out of custody; and

as of Wednesday, June 5, Sigmundson had also bonded out of custody.

No online information could be found from the CC Sheriff’s Office for Henriquez-Garcia.

Allen D. Payton contributed to this report.

While on felony probation for vehicle theft; has history of arrests dating to 2014 including 5 times this year

By Brentwood Police Department

On Sunday, May 5, 2024, around 4:00 PM, a Brentwood officer was patrolling the area of Lone Tree Way and Canada Valley Road, when he saw a car without a rear license plate. The officer did a traffic stop and contacted the driver, identified as 35-year-old Robert Edward Garcia of Antioch (born 6/27/88).

Garcia told the officer he did not have a driver’s license and he was also on felony probation for vehicle theft.

After searching Garcia’s car, the officer found several sets of keys belonging to different makes of cars, along with shaved keys, numerous tools, blades, cutting instruments, a car jack, a flipper device (which can be used to hack digital devices) and other tools.

Garcia was placed under arrest for being in possession of burglary tools, probation violation, as well as bringing drugs into the County jail.

This incident exemplifies the proactive efforts of our officers in detecting and addressing criminal behavior, contributing to the maintenance of public safety and the prevention of further criminal activity in the community.

According to the Contra Costa County Sheriff’s Office, the six-foot, 220-pound Garcia is Hispanic and being held in the Martinez Detention Facility on no bail for his latest arrest by Oakley PD on May 19, 2024, for possession of stolen property at the Best Western Hotel in Oakley. (See 14:13 PM incident). He is scheduled to be released on June 30, 2024.

According to localcrimenews.com, he has a history of arrests dating to 2014 by multiple agencies for crimes including five times this year and three times last year.

Allen D. Payton contributed to this report.