Would you look at that! Prop 36, VOTED ON BY YOU, is making immediate impacts on the community!
Yesterday, Thursday, Dec. 19, 2024, Target called 9-1-1 to report a sneaky thief was inside shoplifting! The man arrived in a white Escalade and was stealing multiple items inside the store! Officer Pedreira was quick on scene with a response time of 1 minute and 5 seconds! The would-be pilferer was located placing the stolen items in the vehicle! He was detained and thanks to Prop 36 and his history of theft, his misdemeanor is now a FELONY! He was transported and booked into jail!!
Photos: Antioch PD
Last week, this habitual swindler’s five-finger-discount would have earned him a citation, today it earned him a Felony charge and a trip to jail!
We even took his car-to-car jail for its role in the crime!
Increases penalties for shoplifting and certain drug crimes
On Dec. 13, California Attorney General Rob Bonta issued an Information Bulletin to all law enforcement agencies in the state about Proposition 36 which passed overwhelmingly in November and went into effect on Wednesday, Dec. 18th. The bulletin highlights the statutory changes and additions made to current law under the proposition known as “The Homelessness, Drug Addiction, and Theft Reduction Act.”
“Ultimately, our success in combating organized retail crime hinges on our ability to work together, innovate, and remain steadfast in our commitment to protecting our neighborhoods and businesses,” said Attorney General Bonta. “Let us harness the strength of our partnerships, the power of new legislation, and the collective resolve of our community to create a safer and more secure environment for everyone. My office is committed to fighting organized retail crime head on.”
Proposition 36 modifies existing law and adds substantive charges and enhancements to areas of the Penal Code and Health and Safety Code regarding theft, property damage, and drug-related crimes. The changes include the creation of new felony theft and drug crimes targeting recidivist offenders, removal of eligibility for the sentences of certain offenses to be served in county jail pursuant to Penal Code section 1170(h) as opposed to state prison, and alignment of the punishment for crimes involving fentanyl with that of other similar controlled substances.
Following is Bonta’s Information Bulletin:
TO: ALL CALIFORNIA LAW ENFORCEMENT AGENCIES PROPOSITION 36: “The Homelessness, Drug Addiction, and Theft Reduction Act”
On November 5, 2024, California voters passed Proposition 36, known as “The Homelessness, Drug Addiction, and Theft Reduction Act.” Proposition 36 takes effect on December 18, 2024.
Proposition 36 modifies existing law and adds substantive charges and enhancements to areas of the Penal Code and Health and Safety Code regarding theft, property damage, and drug-related crimes. The changes include: (1) the creation of new felony theft and drug crimes targeting recidivist offenders; (2) removal of eligibility for the sentences of certain offenses to be served in county jail pursuant to Penal Code section 1170(h); and (3) alignment of the punishment for crimes involving fentanyl with that of other similar controlled substances.
The purpose of this bulletin is to highlight the statutory changes and additions made by Proposition 36.
CHANGES UNDER PROPOSITION 36 RELATING TO THEFT AND PROPERTY DAMAGE
Penal Code section 490.3 (Aggregation of Losses in Multiple Thefts): Proposition 36 creates a new Penal Code section 490.3 which permits aggregation of the value of property or merchandise stolen during multiple thefts to meet the $950 threshold for a felony without having to prove that the various crimes were motivated by one intention, one general impulse, and one plan. This new section applies to theft or shoplifting, including, but not limited to, violations of Penal Code sections 459.5, 484, 488, and 490.2.
Penal Code section 490.3 applies “notwithstanding any other law,” and is therefore broader than other laws such as Penal Code section 487, subdivision (e) and the new Penal Code section 12022.10,1
1 which would permit aggregation only in limited circumstances, such as if the acts were motivated by one intention, one general impulse, and one plan, or only if there was a common scheme or plan, respectively.
Penal Code section 666.1 (Felony Crime of Theft with Two Prior Thefts): Penal Code section 666.1 is a new, recidivist felony offense of committing petty theft or shoplifting while having two or more prior misdemeanor or felony convictions for specified theft-related crimes. A first conviction under Penal Code section 666.1, subdivision (a)(1) is punishable in county jail pursuant to Penal Code section 1170(h), second or subsequent convictions are punishable in county jail or state prison. Other notable aspects of Penal Code section 666.1 include:
There is no “washout” timeframe on the prior convictions that qualify a defendant to be charged with a violation of Penal Code section 666.1(a)(1)—all prior convictions qualify, regardless of when they occurred.
Although Penal Code section 666.1 does not mandate that the two or more specified prior convictions be alleged in the accusatory pleading, existing authority suggests that the prior convictions must be alleged and proved at preliminary hearing so a defendant can be held to answer on a Penal Code section 666.1 charge. (See People v. Casillas (2001) 92 Cal.App.4th 171.)
Section 666.1 applies “notwithstanding any other law,” meaning that it will apply even if a defendant could alternatively have been prosecuted for a misdemeanor theft-related charge pursuant to another statute.
Upon arrest on a Penal Code section 666.1 charge, subdivision (c) requires judicial review prior to release from custody to make an individualized determination of the arrestee’s risk to public safety and likelihood to return to court.
Penal Code section 12022.6 (Excessive Takings Enhancement): Proposition 36 re-enacts and modifies several aspects of the Penal Code section 12022.6 enhancement, which was repealed at the end of 2017 because of a sunset date. Penal Code section 12022.6 applies when an offender takes, damages, or destroys property in the commission or attempted commission of a felony, or commits a felony in violation of Penal Code section 496 (possessing/receiving/selling stolen property). This enhancement must be pled and proved. The enhancements are as follows:
One-year enhancement – loss or property value over $50,000
Two-year enhancement – loss or property value over $200,000
Three-year enhancement – loss or property value over $1 million
Four-year enhancement – loss or property value over $3 million
One-year enhancement for every additional loss or property value of $3 million (imposed in addition to the four-year, $3 million enhancement)
The enhancements may be imposed if the combined losses to the victims or the combined property values from all felonies exceed the threshold amounts and arise from a common scheme or plan. The enhancement permits the court to impose a Penal Code section 12022.6 enhancement and another enhancement on a single count, including an enhancement pursuant to new Penal Code section 12022.65 (acting in concert to take, damage, or destroy property—see below). Thus, a defendant may be punished for both acting in concert (Pen. Code § 12022.65) and for taking or damaging property valued at more than $50,000 (Pen. Code § 12022.6). The punishment specified in Penal Code sections 12022.6, subdivisions (a)(1) and (a)(2) will continue to apply where Penal Code section 186.11 has been charged, as it previously did.2
Penal Code section 12022.65 (Theft or Property Damage In-Concert Enhancement): Penal Code section 12022.65 is a new enhancement that applies when an offender acts in concert with two or more persons to take, attempt to take, damage, or destroy property, in the commission or attempted commission of a felony. This enhancement has a range of one, two, or three years and must be pled and proved.
CHANGES UNDER PROPOSITION 36 RELATING TO CONTROLLED SUBSTANCES
Health and Safety Code section 11369 (Warning to Dealers of Hard Drugs): Proposition 36 creates a new section 11369 in the Health and Safety Code section 11369 which requires the trial court to advise anyone convicted of a violation of Health and Safety Section 11351, 11351.5, 11352, 11378, 11378.5, 11379, 11379.5, or 11379.6 involving a hard drug,3 that distributing, selling, furnishing, administering, giving away, or manufacturing any drug is extremely dangerous and deadly to human life, and if the conduct continues, the defendant can be charged with homicide, up to and including murder.4 The admonishment must be given to the defendant in writing and the court record must reflect that the admonishment was given.
Health and Safety Code section 11370.1 (Possessing a Drug While Armed with a Firearm): Health and Safety Code section 11370.1 is modified by Proposition 36 to expand the felony crime of unlawfully possessing a specified substance while armed with a loaded, operable firearm to include any substance containing fentanyl. Health and Safety Code section 11370.1 continues to apply to substances containing cocaine, cocaine base, heroin, methamphetamine, or phencyclidine, and continues to provide punishment of two, three, or four years in state prison.
Health and Safety Code section 11370.4 (Controlled Substance Weight Enhancement): Health and Safety Code section 11370.4 is modified by Proposition 36 by adding a new subdivision (c), which provides a range of enhancements for a violation of Health and Safety Code sections 11351, 11352, or a conspiracy to violate either section, involving fentanyl.5 The following chart breaks down the nine new weight enhancements for fentanyl in specific quantities:
Source: Office of the CA Attorney General
New subdivision (e) provides that notwithstanding Penal Code section 1170, subdivision (h)(9), a defendant convicted of an underlying violation specified in Health and Safety Code section 11370.4 (e.g., Health & Saf. Code §§ 11351, 11351.5, 11352, 11378, 11378.5, 11379, and 11379.5) who admits a weight enhancement or for whom a weight enhancement is found true for any of the listed controlled substances, is punishable in state prison and not county jail pursuant to Penal Code section 1170, subdivision (h).
Health and Safety Code section 11395 (“Treatment-Mandated Felony Act”): Proposition 36 creates Health and Safety Code section 11395, a new, recidivist felony offense of possessing a “hard drug” and having two or more prior felony or misdemeanor convictions for specified drug-related crimes. A violation of Health and Safety Code section 11395 is punishable in county jail pursuant to Penal Code section 1170(h) for a first conviction. Subsequent convictions are punishable in state prison. Both first and subsequent convictions are wobblers and eligible for probation unless otherwise prohibited. Other notable aspects of Health and Safety Code section 11395 include:
Section 11395 applies “notwithstanding any other law,” meaning that it will apply even if a defendant would have been eligible for a misdemeanor drug possession charge (e.g., Health & Saf. Code § 11350 or 11377), Penal Code section 1000 drug diversion, or probation for a non-violent drug possession offense pursuant to Penal Code section 1210.1.
The two or more prior convictions of specified crimes within Health and Safety Code section 11395, subdivision (c) may be either misdemeanor or a felony convictions.
There is no “washout” timeframe on the prior convictions that qualify a defendant to be charged with a violation of Health and Safety Code section 11395—all prior convictions qualify, regardless of when they occurred.
Prior convictions must be pled and proven. (Health & Saf. Code, § 11395, subd. (c).)
Upon booking for a violation of Health and Safety Code section 11395, subdivision (f) requires judicial review prior to release from custody to make an individual determination of the arrestee’s risk to public safety and likelihood to return to court.
Health and Safety Code section 11395 also provides an option for treatment in lieu of incarceration for its offenses. Health and Safety Code section 11395, subdivision (d) provides that a defendant may choose treatment instead of county jail, state prison, or a grant of probation with county jail as a condition of probation.6 Upon successful completion of the treatment program, the positive recommendation of the treatment program, and a motion by the defendant, the court shall dismiss the Health and Safety Code section 11395 charge. (Heath & Saf. Code, § 11395, subd. (d)(3).)
Penal Code section 12022, subdivision (c) (Drug Crimes While Personally Armed with a Firearm): Proposition 36 amends Penal Code section 12022, subdivision (c) to provide that the enhancement for individuals convicted of specified drug offenses and who are personally armed with a firearm, must serve the additional term in state prison instead of county jail. Subdivision (c) is further amended to provide that, notwithstanding Penal Code section 1170, subdivision (h)(9), a defendant convicted of a specified underlying violation who admits a Penal Code section 12022, subdivision (c) firearm enhancement or has such an enhancement found true, is punishable in state prison even if the underlying offense is a section 1170, subdivision (h) county jail offense.
Penal Code section 12022.7 (Great Bodily Injury (GBI) Enhancement For Drug-Related Injury): Proposition 36 amends Penal Code section 12022.7 to add subdivision (f)(2), which explicitly provides that “a person who sells, furnishes, administers, or gives away a controlled substance is deemed to have personally inflicted great bodily injury when the person to whom the substance was sold, furnished, administered, or given suffers a significant or substantial physical injury from using the substance.” This creates a great bodily injury enhancement that can be charged when the person to whom an offender supplies a drug suffers a serious injury from using the drug, including death.7
1 Penal Code section 12022.10 is a new enhancement created by Senate Bill 1416, effective January 1, 2025, for selling, exchanging, or returning for value, property acquired through one or more acts of shoplifting, theft, or burglary from a retail business. It also applies to attempted selling, exchanging, or returning, and has a sunset date of January 1, 2030. By contrast, Penal Code section 490.3 does not address the aggregation of sales of stolen property.
2 Assembly Bill 1960, effective on January 1, 2025, adds a Penal Code section 12022.6 excessive taking enhancement that is almost identical to that in Proposition 36. The non-substantive difference is that AB 1960 contains a sunset date of January 1, 2030, and Proposition 36 does not contain a sunset date.
3 “Hard drug” means a controlled substance listed in Health and Safety Code section 11054 or 11055, except that it does not include substances listed in Health and Safety Code section 11054, subdivisions (d) and (e), or, with the exception of methamphetamine, any other substance listed in Health and Safety Code section 11055, subdivision (d). (Health & Saf. Code, § 11369, subd. (d).)
4 Vehicle Code section 23593 similarly provides that, upon conviction of certain Vehicle Code provisions, courts are required to give an advisement about the dangers of drinking and driving, and warn that if someone is killed, the offender can be charged with murder.
5 Health and Safety Code section 11370.4, subdivision (a)(1) removes fentanyl from the list of controlled substances. The modification to Health and Safety Code section 11370.4 puts fentanyl in its own subdivision (c)(1) and lowers the quantity thresholds because fentanyl is more lethal than other substances in small doses. Health and Safety Code section 11370.4, subdivision (a)(1) still applies to heroin, cocaine, and cocaine base and does not change the quantities or punishment for those substances.
6 Section 11395 is a deferred entry of judgment program, in which the defendant must plead guilty or no contest before going into treatment; it is not a diversion program.
7 This new language abrogates the California Supreme Court’s decision in People v. Ollo (2021) 11 Cal.5th 682, which held that furnishing a drug that causes death does not necessarily qualify as personal infliction of great bodily injury.
4th arrests this year for both suspects each with history of additional arrests
By Oakley Police Department
On December 17, 2024, Chief Paul Beard stated, “Criminals beware — the officers of the Oakley Police Department are diligent in detecting crime and locating offenders. It is our desire to see no crime occurring at all, but if it does, and if you are the one committing it, we will commit our resources towards finding you and arresting you.”
The next day the officers of the Oakley Police Department fully executed the meaning of that statement.
On December 18, 2024, at 1:46PM a victim who resides in the 800 block of Walnut Drive was not at home but reported seeing a person steal a package from the front porch via a Ring camera. The suspect fled in a green Kia vehicle. Officers began working on this case and started conducting follow-up investigations on it.
At 2:34PM Officer Palmer responded to the 4300 block of Redwood Drive to take a report of a package theft from a front porch. A video of the theft showed a female wearing a black Hollister hooded sweatshirt removing a package from the porch before fleeing the area.
At 3:23PM Officer Palmer responded to the 400 block of Devon Court to take a report of a package theft from a front porch. A video of the theft showed a female wearing a black Hollister hooded sweatshirt removing a package from the porch before fleeing the area.
At 4:34PM Officer Palmer responded to the 900 block of Almond Drive to take a report of a package theft from a front porch. A video of the theft showed a female wearing a black Hollister hooded sweatshirt removing a package from the porch before fleeing the area.
At 4:39PM Special Services Team Officer Navarrette was conducting follow-up on the string of package thefts and saw what we believed was the suspect vehicle driving in the 200 block of Delta Road. Officer Navarrette stopped the vehicle, and he was assisted by Officers Horn and M. Jackson. Randal Joan Alodee Locke (38, Antioch, born Jan. 15, 1986) and Ashlee Victoria Fletcher (35, Oakley, born June 27, 1989) were both found to be in possession of a plethora of stolen items, most likely from several days/nights of package thievery. Locke and Fletcher were both arrested and booked into jail for these thefts.
Even after these arrests were made, we continued to take reports of package thefts involving Locke and Fletcher:
At 5:02PM Officer Palmer again responded to the 900 block of Almond Drive to take a report of a package theft from a front porch. A video of the theft showed a female wearing a black Hollister hooded sweatshirt removing a package from the porch before fleeing the area.
At 6:27PM Officer M. Jackson responded to the 3800 block of Creekside Way to take a report of multiple packages stolen from the location. The victim’s property was located in possession of Locke and Fletcher and returned.
So far, we have been able to identify a total of eight victims and we have returned their items back to them. One of the victims said every Christmas package she had ordered for her children was stolen from her porch and returned to her by Oakley Officers.
We have not yet identified all victims, and we still have several items of stolen property in our custody. If you believe you were the recent victim of having your packages stolen, please call us at 925-625-8060 and we will try to identify any stolen property belonging to you.
Fourth Arrests This Year for Both Suspects with Additional History of Arrests
According to localcrimenews.com, it’s Locke’s fourth arrest this year, including three by Contra Costa Sheriff’s Deputies on July 2 for vehicle theft and warrants or holds only, Sept. 9 for receiving stolen property – motor vehicle and taking vehicle without the owner’s consent, and Nov. 18 for receiving stolen property – motor vehicle. She was also previously arrested by the Solano County Sheriff’s Deputies in January 2020 for shoplifting, conspiracy to commit a crime, receiving or concealing stolen property, unauthorized use of personal identifying information, again by Antioch PD in Sept. 2020 for warrants or holds only, in Dec. 2021 for receiving stolen property – motor vehicle and in June 2022 for a bench warrant failure to appear on a misdemeanor charge.
According to the Contra Costa Sheriff’s Office, the five-foot, 10-inch tall, 200-pound Locke is Hispanic and is being held in the West County Detention Facility on $20,000 bail.
According to localcrimenews.com, this is also Fletcher’s fourth arrest this year including on March 27th for grand theft and falsely impersonating another in his or her private or official capacity, on June 2nd for shoplifting not to exceed $950 and on Nov. 4th for warrants or holds only. She also has a history of arrests by both the Contra Costa and Alameda Sheriff’s Departments, plus, Antioch, Concord, Martinez, Dublin and Pleasanton Police Departments dating back to 2020 for crimes including grand theft, possession of burglar’s tools, possession of a controlled substance, possession of drug paraphernalia, possession of controlled substance in a prison, and unlawful use of willfully obtained personal identifying information.
According to the Contra Costa Sheriff’s Office, the five-foot, two-inch tall, 140-pound Fletcher is also Hispanic and being held in the West County Detention Facility on $20,000 bail.
On December 20, 2024, the Antioch Police Department will conduct a driving under the influence (DUI) Checkpoint from 6pm to 11pm at an undisclosed location.
DUI checkpoint locations are determined based on data showing incidents of impaired driving-related crashes. The primary purpose of DUI checkpoints are to promote public safety by taking suspected impaired drivers off the road.
“Impaired drivers put others on the road at significant risk,” Sergeant Rob Green said. “Any prevention measures that reduce the number of impaired drivers on our roads significantly improve traffic safety.”
The Antioch Police Department reminds the public that impaired driving is not just from alcohol. Some prescription medications and over-the-counter drugs may interfere with driving. While medicinal and recreational marijuana are legal, driving under the influence of marijuana is illegal.
Drivers charged with a first-time DUI face an average of $13,500 in fines and penalties, as well as a suspended license.
Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.
The Contra Costa Coroner’s Office has identified the two men who exchanged gunfire in the parking lot of Delta Bowl in Antioch on Saturday night, Dec. 7, 2024. Deputy Coroner Livingston said they were Antonio Drake, age 34, male out of Antioch and Deantray Reed, age 35, male out of Oakley.
As previously reported by Antioch Police, Investigators determined Reed approached the victim, Drake, while he was sitting in the driver’s seat of his vehicle preparing to leave. Gunfire was exchanged between the two males, and both were fatally wounded. Drake succumbed to his gunshot injury in the parking lot and Reed was transported by paramedics to a nearby hospital where he also succumbed to his gunshot injury.
At this time, the motive for the shooting is unknown, and no other suspects or involved individuals appear to be outstanding.
According to localcrimenews.com, Reed was arrested in June 2010 by Solano County Sheriff’s Deputies for assault with a firearm on a person, shooting at an inhabited dwelling/vehicle/etc. and failure to appear on a felony charge.
In addition, according to court records, he was convicted of second-degree robbery, assault with force likely to cause bodily injury, participation in a criminal street gang, and evading an officer for an incident in San Francisco in 2011.
According to localcrimenews.com, Drake was arrested in November 2013 for burglary, according to the Contra Costa Sheriff’s Office. That arrest was made by Concord Police and his middle name was listed as Lorenzo. He was also arrested in February 2015 by Antioch Police for possession of marijuana/hashish for sale, revocation of probation, addict in possession of firearm and possession of ammunition and again, by Antioch Police in January 2017 for possession of a controlled substance for sale and revocation of probation.
Red circle indicates suspect’s vehicle in the intersection of Lone Tree Way and Canada Valley Road on Oct. 12, 2024. Photo: Antioch PD
By Antioch Police Department
The Antioch Police Department is asking for the public’s help in finding the driver behind a deadly hit-and-run accident. The crash happened at the Lone Tree way and Canada Valley Road intersection on October 12, 2024, at 8:24 p.m. The driver of the wanted vehicle struck and killed a 53-year-old female pedestrian who was in a crosswalk. (See related article)
Over the last two months, investigators have diligently followed up on all leads and are now asking for the community’s assistance. Investigators are currently looking for the vehicle in the above photograph.
If you have any information please contact Officer J. Egan at jegan@antiochca.gov or (925 204-1587.
The U.S. Postal Inspection Service is offering a reward of up to $150,000 for information leading to the arrest of a female suspect for robbery of an Antioch Letter Carrier on Nov. 29, 2024.
The USPIS issued the following announcement on Dec. 6th:
“The suspect was described as a medium build female, in her mid-20s to early 30s, and 5’6″-5’7″ feet tall. She was wearing a black or blue hooded sweatshirt, with a Covid mask or scarf covering her mouth. She was last seen running westbound on Lawton Street.
The U.S. Postal Inspection Service is offering a reward of up to $150,000 for information leading to the arrest and conviction of the suspect(s) involved in the robbery of a United States Postal Service (USPS) letter carrier at gun point. The incident occurred on November 29, 2024, at approximately 6:40 p.m., while delivering mail on Lawton Street in Antioch, CA 94509.
TAKE NO ACTION TO APPREHEND THESE PERSONS YOURSELF
If you have any information about this incident, please contact the: U.S. Postal Inspection Service at 1-877-876-2455 (say ‘Law Enforcement’)
Reference Case No. 4432888
All information will be kept strictly confidential.”
A high-speed chase from Antioch to Bay Point reaching speeds of 112 MPH on Highway 4 ends in arrest of two carjacking suspects Thursday, Dec. 5, 2025. Sources: Vehicle dash cam, body cam video screenshots and photo by APD.
With help from K9, Sheriff’s Office helicopter, Pittsburg PD
By Antioch Police Department
Are you guys keeping score!? Tally two more for the good guys! ARMED CARJACKERS IN CUSTODY!
Thursday night, Dec. 5, 2024, at 6:15pm two victims were sitting in their vehicle in downtown Antioch when two brazen bandits forced them from their vehicle at gunpoint! The uncouth characters fled in the now stolen vehicle. What the two brainy bandits didn’t know is the vehicle had LoJack tracking capabilities.
During the chase, speeds reached 112 miles per hour on Highway 4.
K9 Kona and her leash holder located the vehicle on 18th street and gave chase. Luckily our buddies at Contra Costa Sheriff’s Office have a sweet little helicopter and they happened to be out for an evening cruise! The suspects fled to Bay Point where a platoon sized force of Antioch PD, Pittsburg PD and Contra Costa Sheriff’s deputies were waiting. The two suspects were both arrested fleeing from the vehicle!
On a “don’t commit crimes” side note, one of the suspects broke their ankle hopping a fence. They were cleared at the hospital and booked!
