Following wiretap investigation into East Bay drug suppliers and significant seizures of fentanyl, methamphetamine, cocaine and cash

Attempt to use FBI investigation of APD officers as a defense denied

Third man convicted is illegal alien from Mexico; among 13 defendants indicted in 2019

Each face maximum sentence of 20 years in prison for every count on which they were convicted

By U.S. Attorney’s Office, Northern District of California

SAN FRANCISCO – A federal jury has convicted three defendants—Luis Torres Garcia, Evan Martinez Diaz of Bay Point, and Timothy Peoples of Antioch—of multiple drug trafficking offenses following an eight-day trial, announced United States Attorney Ismail J. Ramsey and Drug Enforcement Administration (DEA), San Francisco Field Division, Special Agent in Charge Brian M. Clark. The jury convicted the defendants on all counts, rendering its verdict on February 14, 2024, after deliberating for two hours. The verdict followed a trial before the Hon. Richard Seeborg, Chief U.S. District Judge for the Northern District of California.

The three were among 13 defendants indicted in May 2019 “on narcotics trafficking charges, announced United States Attorney David L. Anderson and Drug Enforcement Administration (DEA) Special Agent in Charge Chris D. Nielsen.  The indictment follows the arrest of five of the defendants on April 30, 2019, and the execution of search warrants at thirteen locations, including nine residences in Contra Costa County, Humboldt County, Fairfield, Suisun City and Modesto.” (See related article)

The evidence at trial included calls intercepted between April 2018 and February 2019 as part of a federal wiretap investigation into two drug suppliers in the East Bay. The intercepted calls established, among other things, that both suppliers received drugs from sources in Mexico. At trial, the government also presented evidence of several significant drug seizures including: 8.8 pounds of fentanyl and heroin in May 2018, valued at as much as $1.1 million, according to uncontested evidence at trial; 18 pounds of methamphetamine in August 2018; and 20 pounds of methamphetamine and one kilogram of cocaine in February 2019. The evidence at trial also established that law enforcement seized more than $300,000 in drug-related cash over the course of the investigation.

Peoples, 44, of Antioch, California, was arrested after law enforcement officers found cocaine in his home, and charged with two counts of possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B)–(C). Evidence presented at trial showed that Peoples was a regular customer of an Antioch-based cocaine wholesaler from whom he bought some 10.5 pounds of cocaine for more than $120,000 in a 90-day period. Peoples used the codeword “babies” to refer to ounce quantities of cocaine. The evidence at trial established that Peoples then sold cocaine to his own customers in smaller quantities and used his proceeds to buy expensive cars.

Attempt to Use FBI Investigation of Antioch Police Officers to Defend Himself Denied

According to the judge’s opinion, “In the course of the federal law enforcement investigation in this case, the Drug Enforcement Agency (“DEA”) and Bureau of Alcohol, Tobacco, and Firearms (“ATF”) were assisted by officers from the Antioch Police Department in executing search warrants and evidence collection, the bulk of which occurred in 2018 and 2019. Since then, several Antioch police officers have been accused of, and indicted for various crimes, including civil rights violations and wire fraud.” (See related articles here and here)

During the court case, “Peoples insisted that the federal case against the Antioch officers was relevant because two members of the Antioch Police Department accused of misconduct were present at the search of Peoples’ home on April 30, 2019.”

The opinion continued, “The defendants previously filed a discovery motion to compel production of impeachment material related to Antioch police officers who assisted with the DEA and ATF investigation of the defendants in the instant case. That motion was denied.”

“An evidentiary hearing was set to determine threshold matters in relation to the motion. Having considered the parties’ briefs, witness testimony, and admitted exhibits from the hearing, the government’s motion is granted, and the defendants are prohibited from referencing the federal investigation of any Antioch police officers.”

The opinion provided background to Peoples’ claim and the judge’s denial.

“Anticipating the issue would reappear at trial, the government filed MIL No. 12 to prevent the defendants from referencing Antioch police misconduct in the presence of the jury without first establishing relevance for fear that this would result in undue prejudice to the government. Dkt. (Docket) 489. In response, Peoples suggested that witnesses and the DEA-6 report regarding the search of Peoples’ home, authored by DEA Agent Mikhail Job, identified Antioch officers accused of misconduct as having participated in the April 30, 2019, search of Peoples’ residence.

Shortly before the pretrial conference, Peoples submitted a supplemental opposition to MIL No. 12 with information he and the government had just learned. Dkt. 521. In that supplemental opposition, Peoples contended that Agent Job had identified Antioch Officer Morteza Amiri, who has since been indicted on wire fraud charges and civil rights violations, as having entered Peoples’ residence alone for five to ten minutes along with his police dog after the occupants had been cleared out and before the official search began. Peoples also suggested that Antioch Officer Kyle Smith, who allegedly exchanged racist texts with other Antioch officers, joined the search of Peoples’ home. The government filed a supplemental response contending that Agent Job received erroneous information from the DEA case agents and had mistakenly named the wrong Antioch officers on his DEA-6 report. Dkt. 528. According to the government, Officers Amiri and Smith were not present at the search of Peoples’ home but were participating in the contemporaneous search of Defendant Lorenzo Lee’s residence. At the pretrial conference, the threshold question of whether Amiri was present at the search of Peoples’ home remained unresolved. The only potential relevance of the Antioch officers’ misconduct turned on whether Amiri and/or Smith were present at Peoples’ residence such that Peoples could infer the police planted evidence.”

Furthermore, “Peoples failed to establish that a jury could reasonably find that Amiri was present at Peoples residence on April 30, 2019 by a preponderance of evidence. At the evidentiary hearing, both sides admitted several witnesses and exhibits, and the government’s evidence was considerably more persuasive. The government’s witnesses included several law enforcement agents who corroborated their version of the events on the day in question. The testimony of two Antioch officers, Kevin Tjahjadi and Brayton Milner, who participated in the search of Peoples’ residence, was particularly persuasive. Both stated unequivocally that neither Amiri nor Smith joined in that search. The Antioch Police Department CAD reports regarding the search of Peoples’ residence further supported this version of events, identifying only Tjahjadi and Milner as the participating officers.”

Martinez Diaz, 31, of Bay Point, California, was charged with three counts—conspiracy to distribute methamphetamine and cocaine, in violation of 21 U.S.C. §§ 846 and 841(a)(1) and (b)(1)(B); possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B); and possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B). The evidence at trial established, among other things, that on February 9, 2019, Martinez Diaz was transporting about 20 pounds of methamphetamine and one kilogram of cocaine through a residential neighborhood in Antioch, California, when he realized he was being followed by law enforcement—which knew about the drugs through intercepted calls. Martinez Diaz began driving erratically, briefly evading law enforcement and directing a co-conspirator to discard the drugs he was carrying in the bushes on a residential street. A short time later law enforcement located the drugs, which evidence at trial established had street retail values of $177,860 (methamphetamine) and $40,000 (cocaine). After Martinez Diaz was stopped by police and released with a traffic citation, he was intercepted on a call telling his supplier that he had seen law enforcement and discarded the drugs to avoid arrest. (See judge’s opinion)

Torres Garcia, 38, an illegal alien from Mexico, residing in Rio Dell, California, was charged with conspiracy to distribute methamphetamine, in violation of 21 U.S.C. §§ 846 and 841(a)(1) and (b)(1)(A). The evidence at trial showed that Torres Garcia was a Humboldt County drug trafficker, who used the nickname “Guero.” Torres Garcia received methamphetamine shipments on credit from a Fairfield, California-based drug supplier. On August 8, 2018, the Fairfield supplier attempted to send about 18 pounds of methamphetamine—valued at $158,000—to Torres Garcia in Humboldt County. DEA agents and the Sonoma County Sheriff’s Office intercepted the drug courier and seized the drugs during a vehicle stop on Highway 101 near Healdsburg, California. In February 2019, the DEA tracked Torres Garcia to a meeting in Windsor, California, where Torres Garcia delivered about $13,800 in cash to a courier for his drug supplier. Although he was present throughout the trial and listened to closing arguments, Torres Garcia absconded before the jury handed down its verdict; he is now a fugitive. (See judge’s opinion)

According to the judge’s opinion, “Luis Garcia-Torres, defendant, an alien who had previously been deported or removed from the United States to Mexico on or about May 19, 2016, was found in the Eastern District of Texas, said defendant not having received the express consent of the Attorney General and the Secretary of Homeland Security, the successor, pursuant to United States Code, Title 6, for re-application for admission to the United States, all in violation of 8 U.S.C. § 1326(a).”

Sentencing Hearing June 11, 2024

Judge Seeborg scheduled a sentencing hearing for June 11, 2024. Torres Garcia faces a maximum sentence of life imprisonment and a minimum sentence of 10 years in prison. Martinez Diaz and Peoples each face a maximum sentence of 20 years in prison for every count on which they were convicted. However, the defendants’ sentences will be imposed only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

This prosecution is part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

Assistant U.S. Attorneys Daniel Pastor and Joseph Tartakovsky prosecuted the case with the assistance of Erick Machado. This prosecution is the result of an investigation led by the DEA Oakland Resident Office, with assistance from the Bureau of Alcohol, Tobacco, Firearms, and Explosives; Homeland Security Investigations; U.S. Customs and Border Protection; U.S. Postal Inspection Service; the police departments in Fairfield, Antioch, Concord, and Oakland; the Sonoma County Sheriff’s Office; and the California Highway Patrol.

Allen D. Payton contributed to this report.

“They’ve been a massive failure…They have no credibility with anybody because they take on the role of being anti-police…It gives them a forum. They enjoy it. They get to grandstand.” – APOA attorney Mike Rains

“We look forward to the opportunity to work with the new Oversight Commission” – APOA VP Sgt. Loren Bledsoe

By Allen D. Payton

In response to the appointment of the seven members to the City of Antioch’s new Police Oversight Commission this past week, Antioch Police Officers Association attorney Mike Rains, who says his firm represents about 180 police associations throughout California, shared his extensive thoughts and concerns about the commission, the city’s government and police department.

“I didn’t know the people who they appointed. I guess, knowing it’s Antioch, they’re not going to appoint anyone who will be fair to police,” he stated. “It’s meaningless, ritualistic crap. That’s all you can say about this new commission.”

“I’ve been dealing with civilian review of police for 40 years. Antioch is no different. It can be effective and can work but only if those who sit in review of the police actions are fair and objective in evaluating the evidence. But what has happened, almost everywhere, is selecting people to the position who have an agenda,” Rains stated. “They think they sit on the panels to be advocates for their own personal agenda. They’ve been a massive failure.

They have no credibility with anybody because they take on the role of being anti-police.”

Says Oakland Police Commission Decisions Overruled Most of the Time

During his arguments in favor of forming the new commission, Mayor Lamar Hernandez-Thorpe mentioned the police commissions in San Francisco and Oakland as examples. Rains shared his experiences with one.

“Take a look at the Oakland Police Commission. They’re in complete disarray. Nobody pays attention to them. City officials overrule them most of the time,” he stated. “In the few cases the city officials succumb to the pressure, and discipline was imposed, we took them to arbitration, and it was overturned because it was unfair, and no arbitrators would uphold them.”

“Like in Berkely, they’ve had the same model,” Rains shared. “It gives them a forum. They enjoy it. They get to grandstand. It gives them their one day of glory in a hearing.”

Antioch’s Commission Only Advisory

But unlike the police commissions in the larger cities in the Bay Area and elsewhere, which are charter cities, because Antioch is a general law city, as previously reported, the Police Oversight Commission does not have the same powers and can only serve in an advisory role to the city council. Rains called it, “A meaningless process.”

“As if any of these folks know about police policy. It’s going to be their personal philosophy without any knowledge at all of what universally is accepted for police practice,” he continued. “I’m sure it’s going to be a joke. Everything coming out of Antioch is, right now.”

About the City Government & Mayor

Rains then turned his attention to how the city’s government is being operated.

“The city is severely mismanaged, and they keep running it into the ground,” he stated. “It’s indicative of what Mayor Thorpe has been doing. The mayor won’t let the police chief run the department and that’s how it’s been since Chief Ford was there.”

“Lamar Thorpe and his cronies, they can’t run it. That’s what’s causing the disfunction,” Rains continued. “They continue to do this crap and think these little ‘show and tells’ like this police commission thing will show they’re competent. But they’re incompetent. Instead of hiring competent department heads to run the city.”

“It’s sad for the people of Antioch,” stated Rains, who doesn’t’ live in the city. “They need to vote out all these people and elect people who are smart and care and don’t have a personal agenda that will dominate their decision-making.”

About the Police Department

He then spoke about the police department where his clients, the members of the APOA work.

“I feel sorry for the cops who work there, still,” Rains shared. “I think they should just leave en masse because of the lack of leadership at all levels in city hall. They need to let the police chief do his job.”

“My office represents over 180 police associations in the state and Antioch is the only one where the police chief has been deprived of running his own department,” he stated. “It’s being run by the city attorney, the mayor and possibly the acting city manager, and the human resources director. Why would anyone want to work there?”

When pointed out that the mayor claims 16 new sworn officers have been recruited to the department since the council approved the hiring incentive package Rains said, “They’re probably not going to be able to retain officers. I think officers, if they come there, it doesn’t take them long to see what’s going on, because the city is running it into the ground, and they want out. There are other departments that are competent with competent leadership and they’re going to go there.”

“The public needs to know the mayor and the city attorney, his ally, have done the people a disservice in the way they’ve run that place into the ground,” Rains added.

APOA Willing to Work With New Commission

APOA Vice President Sgt. Loren Bledsoe offered a different response to the formation of the commission and appointment of the seven commissioners. When asked for comment he wrote, “We look forward to the opportunity to work with the new Oversight Commission to develop strategies to improve public safety. As a strong believer in the concepts of 21st Century Policing, I look forward to this opportunity and hope it will only strengthen relationships with the community.”

Hernandez-Thorpe, Smith Offered Opportunity to Respond

An email was sent to both Hernandez-Thorpe and City Attorney Smith Saturday afternoon with a link to the article offering each the opportunity to respond to Rains’ claims. Neither had responded as of Saturday night.

UPDATE 1: Rains Commends APOA’s Comments

However, after reading the article, Rains shared additional comments saying, “After seeing the comments by Loren Bledsoe, I commend him for extending an olive branch to the new commission and indicating the POA’s desire to work in a cooperative fashion with them.”

“As the attorney for the association, I do not have the same optimistic view that a cooperative and harmonious relationship can be established,” Rains continued. “But if anybody can do it, Loren Bledsoe can on behalf of the association, And I commend him for his comment and his attempt to work things so that the commission can function objectively and effectively and make the lives of the citizens of Antioch better and to make the working lives of the cops in Antioch better, as well.”

Please check back later for any updates to this report.

Prewett Library in the Antioch Community Center remains open

UPDATE: “I am shocked…” – Hernandez-Thorpe in letter to county administrator

Library working to add additional security guard in parking lot, repair security fence

Closed “after repeated dangerous incidents over the last few months that have threatened the safety and security of patrons and staff.” – Brooke Converse, PIO, CCC Library

County Board of Supervisors consulted before closure; city manager informed Friday afternoon; acting police chief says no communication with library, not notified of closure until Friday night

By Allen D. Payton

According to a post on the Facebook page Friday afternoon, Feb. 16, 2024, the Antioch Library is closed until further notice but without explanation. In a Friday post on the Contra Costa County Library website the closure was announced and provided additional details. It reads:

Antioch Library Closed Until Further Notice

“Beginning Saturday, February 17, 2024, the Antioch Library will be closed until further notice.

The Contra Costa County Library has made this difficult decision after repeated dangerous incidents in the last few months that have threatened the safety and security of patrons and staff.

During the closure, the Library will be working to implement further security measures so we can reopen as soon as possible. These will take some time to complete, and we do not have an estimated date for reopening. We will continue to keep you updated on our progress.

HOLDS
If you have questions about library materials on hold, please contact us.

RETURNS
The book drop will be closed. Please return books to the Prewett Library, Pittsburg Library, or any other Contra Costa County Library. You may also hold onto your returns until after the Antioch Library reopens. The Library will automatically extend the due dates on your materials.

We apologize for the short notice and the inconvenience but the safety of our patrons and staff is a top priority.”

In addition, all Contra Costa County Libraries will be closed February 19 in observance of Presidents’ Day.

All five councilmembers were asked if they had been in contact with either the Antioch or county librarians about the situation. In addition, Acting Police Chief Joe Vigil and the APD media relations officers were asked what is being done to work with the library to increase safety. Finally, a spokesperson for the Contra Costa County Library was asked for more details on what is being done and if they will be hiring private security to supplement the Antioch Police efforts, since the department is currently depleted of active sworn officers.

UPDATE 1: Mayor Responds by Sending Letter to County Administrator, Says No One in City Informed

In a Friday night letter to County Administrator Monica Nino, Mayor Lamar Hernandez-Thorpe wrote:

“Dear Administator [sic] Nino:

As mayor of the City of Antioch, I am writing to express my concern regarding the recent closure of the Antioch Branch of the Contra Costa County Library. To say that I am shocked at the overnight closure of the library is an understatement, given that at no point were Antioch residents given warning of this possibility.

I am even more concerned about the reasons for the Library’s closing, specifically safety concerns. According to our city administration, no one in the City of Antioch, including the police chief, was informed of any safety concerns by Contra Costa County regarding the library.

While I recognized that the County is responsible for the safety and security of the Antioch Library and not the city of Antioch, we would have been more than willing to work with the county regarding any safety concerns at the library, considering it serves so many Antioch residents.

In the past, when the County sought funding from the City of Antioch to increase the Library’s business hours and serve as a warming center, my colleagues and I were more than willing to support the County’s request.

On behalf of the 120,000+ residents of Antioch, I am asking that you work with the City of Antioch to find a resolution that works for our residents. Thank you in advance for your time.

Respectfully,

Lamar A. Hernandez-Thorpe”

Library Working to Add Additional Security Guard in Parking Lot, Repair Security Fence

In addition, Contra Costa County Library Public Information Officer Brooke Converse responded, “The Contra Costa County Library has made the difficult decision to close the Antioch Library after repeated dangerous incidents over the last few months that have threatened the safety and security of patrons and staff.

Only the Antioch Library on East 18th is closed. The Prewett Library at the Antioch Community Center remains open.

The Library is working to add an additional security guard who will be stationed in the parking lot of the building. There is already a security guard inside the Antioch Library every day it is open. The Library will also be working with Contra Costa Public Works to expedite the repair and reinforcement of the Library’s security fence and the replacement of its security camera system.

We currently have a security guard at the Antioch Library every day the library is open, but we will need to amend the contract to add an additional security guard to patrol the parking lot and grounds of the library.

The Antioch Library is county-owned and operated, and the County Board of Supervisors was consulted before the closure. We have communicated with the city about the announcement and will continue to keep the city apprised of the progress to reopen.

The decision to close a library never comes lightly and though we understand the closure impacts the community, we would encourage Antioch residents to visit the Prewett Library at the Antioch Community Center.”

Additional questions asking Converse for details on the incidents and if any of the Antioch officials were contacted prior to closing the library.

She responded, “Some of the types of incidents that led up to this decision include:

• Theft and damage to patron and staff property
• Repeated vandalism of library property including multiple incidents involving things being set on fire
• Threats to staff and security
• Drug activity and drug use in the library and on library property
• Sexual intercourse inside and outside the library in full view of patrons and staff
• Bullet casings on library property

The city manager was notified about the closure yesterday afternoon.”

Supervisors Federal Glover, whose district includes the location of the library, and Diane Burgis, who represents the other portion of Antioch, were asked if either of them or anyone at the county contacted the Antioch mayor, city manager or police chief before making the decision.

UPDATE 2: According to Contra Costa County Library PIO Brooke Converse, “The Antioch Library will reopen for regular hours of operation on Tuesday, February 20, 2024.” (See related article)

UPDATE 3: On Monday morning, Feb. 19, Acting Antioch Police Chief Joe Vigil responded, “We have had no communications with the library, and I was not notified of any issues until late Friday night.”

Please check back later for any additional updates to this report.

7 members appointed, sworn in Tuesday night, presented during Wednesday ceremony; does not replace Police Crime Prevention Commission

“We’re creating an advisory, oversight board.” – Mayor Lamar Hernandez-Thorpe

“They did not need to form a new commission.” – former Police Crime Prevention Commission Chair Sandra White

Commissioners ran have criminal records

Former councilman says some commissioners biased toward police, shouldn’t be appointed

By Allen D. Payton

During their meeting on Tuesday, Feb. 13, 2024, the Antioch City Council on 3-0 votes appointed seven members to the new Police Oversight Commission. Mayor Pro Tem Monica Wilson and District 2 Councilman Mike Barbanica were absent. Because Antioch is a general-law city, the commission has limited authority and will only serve in an advisory role to the council. Each of the four councilmembers selected one commissioner from their respective districts. The other three were appointed by Mayor Lamar Hernandez-Thorpe, including one representing the faith community. One of the new commissioners, Harry Thurston had previously served as a member of the Police Crime Prevention Commission. (See 1:18:00 mark of meeting video)

Background

The mayor held a ceremonial oath of office re-enactment event the next morning which was attended by all seven commissioners and District 1 Councilwoman Tamisha Torres-Walker. In his announcement about the event, Hernandez-Thorpe shared in February 2021, he announced several police reform measures, including establishing the commission and claims it was “once an opposed concept, now a reality to assist in building trust between community and police department.” In his post about the event on his official Facebook page, he offered a “a special THANK YOU to all his colleagues on the Antioch City Council for actively participating in the selection process that included community members and the East County Branch of the NAACP.”

According to the City staff report for the May 10, 2022, council meeting, “City staff researched (1) police oversight commissions and boards in general law and charter cities; (2) the differences between police oversight commissions in general law cities and charter cities; and (3) solutions that can be achieved under each type of government within state and local laws and policies.

City staff…prepared an ordinance forming the Antioch Police Oversight Commission with the aim of strengthening trust, transparency, accountability, and police-community relations in the City of Antioch by ensuring that the Antioch Police Department’s policies, practices, and customs meet or exceed national standards of constitutional policing.”

The new commission was approved on a 3-1 vote with Barbanica opposing formation of the commission, saying he believed they should give Interim Police Chief Ford more time in his position and get input from him prior to the formation of this Commission. Ogorchock was absent for that meeting. (See 1:19:16 mark of the meeting video)

Commissioners Must Be Antioch Residents, Can Have Criminal Records

As previously reported, the adopted resolution also included details on membership of the commission:

(A) The Police Commission shall consist of seven (7) voting members appointed by the Mayor and confirmed by the City Council.

(B) All voting members of the Police Commission shall be residents of the City of Antioch.

(C) The Mayor and the City Council shall strive to appoint and confirm at least:

(a) one (1) representative from each of the four (4) councilmember voting districts of the City;

(b) one (1) representative of the Antioch faith-based community;

(c) one (1) representative of the Antioch business community; and

(d) one (1) employee or student of the Antioch Unified School District.

(D) No one shall be excluded from the Police Commission because he or she has a criminal record.

(E) The following shall not be eligible to serve as a Police Commissioner:

(a) current sworn police officer or his/her spouse;

(b) current City employee or his/her spouse;

(c) former Police Department sworn employee or his/her spouse; or

(d) current or former employee, official, or representative of an employee association representing sworn police officers or his/her spouse.

(F) Commissioners shall not be issued and shall not display, wear, or carry badges that so resemble a peace officer’s badge that an ordinary reasonable person would believe that Commissioners have the authority of a peace officer.

On May 24, 2022, the Antioch City Council, under Consent Calendar Item F., voted 3-1 to create the Police Commission, with District 3 Councilwoman Lori Ogorchock opposing without explaining her vote and Barbanica absent.

Ogorchock Explains Votes for Appointments

Asked why she voted for the appointments when she opposed the formation of the commission, Ogorchock said, “Because it was going to happen no matter what. The division has to stop some place. So, I wanted to ensure my district was well represented by an individual with an appropriate background and Mahogany Spears fills that. She was very qualified.”

“Claryssa Wilson and Deer Valley High Senior Class President Corey Hawkins helped me choose Mahogany,” The District 3 councilwoman continued. “We interviewed three candidates. Mahogany is overqualified for this.”

Had Ogorchock voted against the appointments, the agenda item and appointees would have had to return at a future council meeting when Wilson, who supported the commission’s formation was in attendance.

Purpose of Commission

According to the City staff report for the item on Tuesday’s council meeting agenda, the purpose of the Police Oversight Commission is as follows:

• to strengthen trust, transparency, accountability, and police-community relations in the City of Antioch by ensuring that the Antioch Police Department’s policies, practices, and customs meet or exceed national standards of constitutional policing.
• advise the City Council, City Manager, and Chief of Police on the administration of the Antioch Police Department and on policy matters concerning public safety within the City of Antioch.
• facilitate community participation and oversight by reviewing and recommending policies, procedures, practices, and programs designed to result in community policing that is effective, responsive, and sensitive to the diverse needs of the residents of the City.
• promote and encourage open communication and cooperation between the Antioch Police Department and residents of the City, recognizing that policing the City of Antioch is a shared responsibility.
• develop, review, and make policy recommendations aimed at informing the community of its rights and responsibilities when interacting with police officers.”

Public Speaker Says Some Commissioners Biased Against Police

During public comments on the appointment votes, former Antioch Councilman Ralph Hernandez, who is also a former Pittsburg Police Officer, said the commissioners, “could muddle the waters and cause problems for the community. Some of those you have proposed to appoint, have come up here many council times and criticized the police. They wanted them fired. They wanted them defunded. They already have a predisposition against the police. That is not what you want any commission to be. They have to be honest and open-minded not attack the police just because.” (See 1:26:00 mark of council meeting video)

Hernandez then spoke specifically against the appointment of Devin Williams. Ogorchock responded to those comments saying, “I just want to say one thing to all the individuals being appointed, tonight. I do not believe that you’re coming into this with a predisposed notion of making certain changes without hearing all the facts before you, each time it comes to you. I think you will have an open mind. You will listen to the public and you will do the public’s work, just as this council does. So, I hope and pray, and I believe in my heart that’s how this commission is going to act.”

She then moved approval of Williams’ appointment.

Limited Authority in General Law City

Unlike charter cities such as San Francisco, which has a Police Commission that oversees the San Francisco Police Department and the Department of Police Accountability, and “sets policy…conducts disciplinary hearings on charges of police misconduct…imposes discipline as needed and hears officer appeals from discipline imposed by the Chief of Police,” Antioch is a General Law city. Thus, the new commission has limited oversight power of the police department and does not have the authority to conduct matters such as the SF Police Commission can.

During the May 10, 2022, meeting in explaining the new commission’s role, Hernandez-Thorpe spoke of the police commissions in San Francisco as well as in Oakland, for which City Attorney Thomas L. Smith served as chair, “that actually have power. The Oakland oversight board had the power to fire the chief of police. And so that’s not what we’re creating, here today. We’re creating an advisory, oversight board.”

According to the meeting Minutes for the agenda item (#6), “any recommendations or policies would have to be codified by the City Council.”

Former Commission Chair Says New Commission Unnecessary

Asked if the Police Crime Prevention Commission could have handled the responsibilities of the new commission, former Chair Sandra White said, “Yes. If the mayor and the city council would have wanted. But they would have had to vote on that. They did not need to form a new commission. Our goal was to bring forth Neighborhood Watch meetings. But it was independent of whatever the police department was doing.”

UPDATE: Hernandez-Thorpe later shared, “The police oversight commission was not created to replace crime prevention commission. Crime prevention still exists and is under review in terms of purpose and scope of work.”

However, the commission has not held a meeting since Sept. 2021. A note on the Boards and Commissions page of the City’s website beneath the Police Crime Prevention Commission reads, “On April 11th, 2023, the Antioch City Council created an Ad Hoc Committee to define the purpose and structure of the PCPC. Please check back at a future date for more details.“

“It still exists,” the mayor reiterated. “We had a meeting about it a few months ago specifically working on its purpose. I put a pause on appointing new commissioners until the work group came back to council with their recommendations.”

Seven Appointees & Backgrounds

According to the City staff report: Because this is the initial appointment of commissioners, all seven members are vacant. The City Council shall strive to appoint the members as follows: One member representative from each of the four councilmember districts; one member representative of the Antioch faith-based community; one member representative of the Antioch business community; and one member representative that is an employee or student of the Antioch Unified School District.

Two commissioners will have one-year terms; two commissioners will have two-years terms; and three commissioners will have three-year terms.

Hernandez-Thorpe nominated, and the council approved the appointment of the following Antioch citizens to the Police Commission: (click on names for backgrounds)

One-year terms, expiring November 2024 – Alicia Dianne Lacey-Oha (Hernandez-Thorpe) and Devin Williams (Hernandez-Thorpe);

Two-year terms, expiring November 2025 – Porshe Taylor (faith-based community, chosen by Hernandez-Thorpe) and Leslie May (Torres-Walker); and for

Three-year terms, expiring November 2026 – Mahogany Spears (Ogorchock), Treva Hadden (Barbanica) and Harry Thurston (Wilson).

Neighborhood Watch Not Part of New Commission’s Responsibilities

White was also asked if Thurston, as the only former member of the previous commission, ever suggested taking on any of the responsibilities of the new commission she said, “No. He always said, ‘police business is completely separate than the commission business’.”

When reached for comment Thurston was asked the same question. He said, “when I was there, that commission was solely based off of Neighborhood Watch. It was outside of that commission to talk about oversight. Our role was to work with the public on crime prevention. It was not there to monitor the police. The chief was very strict about.”

“That role is a very valid one that works directly with the public to help prevent crime from happening to them,” Thurston added.

Asked if the new commission will continue to work with Neighborhood Watch he said, “We’ll be involved with that to some extent, to collect citizen opinion, so we can include that in our oversight responsibility. But I don’t think we will be involved in the Neighborhood Watch program. We might be going to the August Night Outs.”

“So, we will interact with the community. We’ll probably hold town hall meetings,” Thurston continued. “We want people to attend meetings so the public will have a say in the policing of their city. We want to make sure we have citizen input for everything we do.”

Asked who will be the liaison for the police department, Thurston said, “The police chief will be involved with the commission. He will be a key partner with us. He will be interacting with the commission as far as I anticipate.”

Powers & Duties of Commission

The new commissioner then shared from the ordinance adopted by the city council forming the commission, in Section 4-3.110 Powers and Duties, subsection “(E) Require the Chief of Police to submit an annual report to the Police Commission regarding such matters as the Police Commission shall require” and from subsection “(F) Report at least once a year to the Mayor, the City Council, and to the public to the extent permissible by law, the information contained in the Chief’s report in addition to such other matters as are relevant to the functions and duties of the Police Commission.”

Thurston also shared under Section 4-3.110 Public Reports, subsection “(B) The Police Commission shall provide annual public reports to City Council, City Manager, and City Attorney on the Police Department’s progress on Police Commission recommendations and other updates relevant to the mission of the Police Commission.”

Organizing Meeting in March

Asked when the first commission meeting will be held, where and how often Thurston said, “The only word I have is we’re going to get together in March. We will have to identify a chair and vice chair, and the administrative details.”

The Antioch Department will be out Monday, February 19, 2024, from 6PM to 12AM looking for drivers suspected of driving under the influence (DUI).

“Impaired driving is preventable,” said Sergeant Rob Green. “It’s a choice. If you’ve been drinking or taken drugs that impair, make the right choice by finding a sober driver or alternate transportation to take you places.”

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. Always follow directions for use and read warning labels about driving. While medicinal and recreational marijuana are legal, driving under the influence of marijuana is illegal.

Drivers caught driving impaired and 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.

Two laterals, two recent academy grads; brings force to 85 sworn officers

By Allen D. Payton

The Antioch Police Department increased by four sworn officers during an oath of office ceremony in the Police Facility’s Community Room on Tuesday, Feb. 13, 2024. Acting Chief Joe Vigil administered the oath to Officers Shirley Lara, Marcos Molina, Travis Donaldson and Justin Talavera,

As previously reported, Donaldson and Talavera recently graduated from the Alameda County Sheriff’s Office Regional Training Center. Lara said she is a lateral hire from BART and Molina said he transferred from the Santa Clara County Sheriff’s Department.

Vigil offered the following remarks about each of the four officers:

Shirley Lara- Lateral Police Officer

Shirley was born and raised in Richmond, CA and graduated from Leadership Public High school in 2010. Years later, she graduated from the Contra Costa County Police Academy in 2021 and moved to Antioch in 2014 and is currently still living here with her two children. On her down time, she loves to garden, exercise, and explore different restaurants around the Bay Area.

Fun fact: Shirley used to be in a Regional Mexican band.

Marcos Molina- Lateral Police Officer

Marcos was born and raised in Redwood City, CA. He enlisted in the Army in 2011 and spent 6 years as a combat engineer. He graduated from College of San Mateo with a degree in Administration of Justice. He then began his career in CDCR assigned to San Quentin State Prison. He then worked at the Santa Clara County Sheriff’s Office and was assigned to the custody and courts division.

Fun fact: Marcos likes to spend time with his kids.      

Travis Donaldson- Police Officer Trainee

Travis currently lives in Vacaville. He’s been married for 10 years but has been with his wife for 22 years. He has a 19-year-old son and a 9-year-old boxer. During his free time, he enjoys volunteering at the Performing Arts Theatre in Fairfield. Before joining Law Enforcement, he spent the last 23 years as a co- owner of a successful flooring business with his brother. Travis feels extremely honored and grateful for the opportunity to become part of APD!

Fun fact: Travis was delivered by his father at a home in Pleasant Hill.

Justin Talavera- Police Officer Trainee

Justin was born in Bronx, NY. He was raised in Antioch and attended Deer Valley High school where he played baseball. After graduating from Deer Valley, he attended San Francisco State where he received a bachelor’s in criminal justice. Prior to becoming a trainee, he worked as a barista and a server. During his free time, he enjoys working out, cooking, playing golf and trying new restaurants around the Bay Area. Justin feels blessed to work in the city he calls home for the past 20 years.

Fun fact: Justin knows a thing or two about cooking, bring him some fresh ingredients and he can cook up something tasty!

Mayor Congratulates New Officers

A Feb. 15, 2024, post on the mayor’s official Facebook page reads, “On Tuesday, Mayor Hernandez-Thorpe was proud to welcome newly appointed Antioch Police Officers Lara, Molina, Talavera, and Donaldson.

They will spend the next few months in field training under the direct supervision of a field training office (FTO). Three of them either grew up and/or live in Antioch. Two are fluent in Spanish, which is critical given Antioch’s large Spanish speaking population. Another is fluent in Tagalog (Filipino). Antioch’s AAPI community continues to grow currently at 15%. The growth is being led by Filipino Americans.

Since the passing of the mayor’s hiring incentive program, Antioch has hired 16 new officers. In addition, there are four police candidates heading to the Academy and will join the Antioch Police Department in May.

Antioch looks forward to continuing to build a police department that’s a reflection of the communities the police department serves. Congratulations to the City’s newest police officers.”

The addition of the four officers brings the total sworn on the force to 85 of 115 budgeted.

Cutline: New Antioch Police Officers Justin Talavera, Marcos Molina, Shirley Lara and Travis Donaldson were sworn in on Tues., Feb. 13, 2024. Photo by Allen D. Payton

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

By Allen D. Payton

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

APOA VP Responds

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

City Required to Follow State’s Hearing Disciplinary Process

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

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

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

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

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

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

Police seek all three unknown males, public’s help

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

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

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

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