By Antioch Police Department

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 had approximately $7.3 million available 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.

Watch the council meeting via livestream on the City’s website or live on Comcast channel 24, AT&T U-verse channel 99.  See the council meeting agenda packet.

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.

(See related articles here and here)

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!

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.”