Spectators, participants challenged and threw items at police, opened fire hydrants, evidence of gunshots; CHP assists

Mayor vows to bring enforcement matter back to council after failure to pass any new ordinance in the past 9 months

By Allen D. Payton

According to witnesses, Facebook posts by Mayor Lamar Hernandez-Thorpe and a Sunday night report by Interim Antioch Police Chief Brian Addington, there were multiple sideshows in Antioch Saturday afternoon and evening, June 1, 2024. The mayor pegged the figure at 10 and said there were other sideshows in other East County cities, as well. Many times, participants in and spectators at a sideshow will relocate following police response, so, some of the sideshows most likely consisted of the same individuals just in different locations as mentioned by Addington.

According to one resident, there were sideshows in the intersection of Cavallo Road and Wilbur
Avenue and one at the Antioch Marina boat launch parking lot. Then a third, “Huge pop-up car show by BevMo” in the Slatten Ranch Shopping Center on Lone Tree Way, as described by a witness and the mayor spoke of another sideshow on Wildhorse Road, as well.

The Chief wrote, “From about 2 pm to 9 pm, APD responded to about a dozen reports of sideshows at differing locations throughout the city. Officers responded to each report and continued to disrupt the activity, and the participants continued to different places, including areas outside of the city. Sideshow activity was also reported in Pittsburg.

 As the afternoon wore on, the behavior of the sideshow participants and spectators took a turn for the worse. Their increasing belligerence was evident as they began to challenge our officers, even throwing items at them and opening fire hydrants. This unacceptable behavior was captured in several videos that have been posted online. 

APD impounded six vehicles (30-day impound), and 11 were arrested/cited for sideshow activity or possession of a stolen vehicle. We also have evidence of gunshots during some of the events, and two stolen vehicles were recovered. No injuries were reported. Additional follow-up is being conducted, and additional impounds and arrests may occur. We are also actively working to identify the organizers.

APD Officers and dispatchers demonstrated exceptional professionalism in handling these calls. We thank our law enforcement partners in East County, including CHP, the Sheriff’s Office, Brentwood Police, and Pittsburg Police, for their support.”

Mayor Comments While on Trip in So Cal, Vows to Bring Back Ordinance for Council Adoption

In a video posted on his official Facebook page on Saturday night from his hotel room while on a trip to the California water policy leadership summit – hosted by the Metropolitan Water District of Southern California which included a visit to the Hoover Dam on the Colorado River, according to a post on his Instagram account – the mayor vowed to bring the matter back for the council to address it. The Facebook post reads, “Unprecedented Number of Sideshows Early Saturday Evening. I’m Urging the Antioch City Council to Quickly Pass Previously Rejected Sideshow Legislation.”

“This is very disappointing as this is an unprecedented event that has taken place in Eastern Contra Costa County,” he stated. “I asked the Chief to specifically zero in on what’s happening in Antioch. Since two o’clock our police officers have worked to combat 10 sideshows in the City of Antioch. They have successfully shut those down. While for some it may appear they may have gotten away, don’t forget Antioch has very, very good technology that…the police department utilizes in finding people, then arresting them then prosecuting them at the Contra Costa District Attorney’s Office.”

“This is a priority. No one has been immune from this. I received calls from several neighbors today who told me of a sideshow on Wildhorse by my home,” the mayor continued. “This is a good example of why the sideshow ordinance is so key. Unfortunately, the council decided to play politics and not pass the sideshow ordinance. This…gives law enforcement the tool to prosecute individuals on the front end who are organizing these types of events. Right now, the police department does not have that tool in place and I’m going to be bringing this back…so that we can get this ordinance passed.”

“I’ve been particularly disturbed by some of the videos I’ve seen. It’s unfortunate to see so many young people running around on the streets,” Hernandez-Thorpe stated. “All I can say is parents have a responsibility, too, and that is to ensure your young people have a respect for the law but more importantly have respect for other people’s quality of life. It’s not fair that we have to live with this kind of nonsense in our community. I know I’m not going to stand for it…I’m exceptionally proud of the Antioch Police Department for responding to these sideshows and trying to take them down as quickly as possible.”

“So, parents will be held accountable, too because in many of these instances these cars are registered to parents. So, you will be paying some hefty fines, as well, when we eventually find you and hold you accountable for these actions,” he added.

Then in a post on Sunday afternoon, Hernandez-Thorpe shared some of the details Addington reported above and additional information in a “2nd Update Regarding Unprecedented Number of Large Scale Sideshows Early Saturday Evening.” He wrote, “Yesterday’s unprecedented number of large scale sideshows were combated [sic] by the APD with support from CHP by around 9:00 p.m. As a result of APD’s efforts, 6 vehicles have been impounded and include fines, citations and impound fees. 11 individuals were arrested for sideshow activity, possession or [sic] (of) stolen cars. 2 stolen vehicles were recovered. Lastly, APD will be making additional arrests, issuing additional citations and impounding additional vehicles.”

Background

CORRECTION: Although a majority of council members, including Hernandez-Thorpe, supported targeting sideshow spectators when first discussed last October, during their Nov. 14, 2023, meeting, Ogorchock was absent, Torres-Walker questioned including making it illegal to be a spectator at a sideshow and Wilson opposed to it. Yet, the District 1 Councilwoman said, “at this point I’m not sure if, you know, if I support that. Tonight, we’re not voting for an ordinance, anyway. I have no problem supporting something coming back for review.” But at the end of the discussion she said, “I wouldn’t be against coming back with something focused on organizers but not spectators.” So, the mayor only had city staff return with an ordinance banning advertising and organizing sideshows.

Then in February, the council voted 5-0 to approve an ordinance banning organizing or advertising street racing, sideshows and reckless driving exhibitions. But, as previously reported, during their meeting on Tuesday, March 12, 2024, the Antioch City Council failed to approve the second reading to adopt it. With Hernandez-Thorpe and District 1 Councilwoman Tamisha Torres-Walker absent and Councilmembers Mike Barbanica and Lori Ogorchock changing positions on the matter, no motion was made by the three council members in attendance to adopt the new ordinance. The two councilmembers wanted a stronger ordinance with fines for those who attend sideshows and greater penalties.

The council has not dealt with either the ban on organizing and advertising nor being a spectator at a sideshow since then.

Keith Kenard Asberry, Jr. has history of arrests and crimes dating to 2005 including for murder

Alameda County-wide backlog in rape kits and failure of Berkeley PD sending in Asberry’s DNA for testing delayed his identification as suspect in 2008 case

By Alameda County District Attorney’s Office

OAKLAND, CA— On Friday, May 31, 2024, Alameda County District Attorney Price Pamela Price announced the sentencing of Keith Kenard Asberry, Jr. (39) of Antioch, who was convicted last month after a jury trial on the charges of kidnapping, rape, burglary, and assault. Asberry was sentenced to 75 years to life by Honorable Judge Thomas Reardon in Alameda County Superior Court after being found guilty.

During the trial, the prosecution presented compelling evidence showing that in 2008, Asberry approached a teenager as she was getting in her car on Alston Way near Berkeley High School. The evidence also showed that Asberry used a gun to force the victim to drive to a dead-end street where the sexual assault occurred and then further forced the victim to use her ATM card to withdraw $200 from her bank account.

In the 2015 incident, Asberry walked into the home of the victim, who had just finished unloading her car from a shopping trip. A short, violent struggle ensued as the victim fought off the attack, prompting Mr. Asberry to run out the front door.

The jury found Asberry guilty of kidnapping to commit sex crime with true findings of an allegation of use of a firearm, kidnapping to commit robbery with true findings of an allegation of use of a firearm, forcible penetration with findings of allegations of use of a firearm, aggravated kidnapping, and tying and binding, forcible oral copulation with true findings of allegations of use of a firearm, aggravated kidnapping, and tying and binding, forcible rape with true findings of allegations of use of a firearm and aggravated kidnapping, all felonies. Mr. Asberry was also found guilty of first-degree burglary with a true allegation of a person being present and misdemeanor assault.

“Today’s sentencing is a testament to our commitment to seeking justice for victims of sexual violence,” said DA Price. “Keith Asberry’s actions were vile, and this sentence reflects the severity of the crime and its impact on the victim. I commend the work of the prosecutorial team, the inspector assigned to the case, and the victim-witness advocates for the services and support provided to the victims.”

Judge Reardon imposed the maximum sentence allowed under the law for these convicted charges, which is 75 years to life plus 36 years.

According to localcrimenews.com, the six-foot-four, 180-pound Asberry was arrested once in 2014 by Antioch PD on a warrants or hold only and four times in 2015 by Emeryville PD, U.C. Berkeley PD and by Alameda County Sheriff’s Deputies for the aforementioned crimes, plus false imprisonment by violence, burglary, conspiracy to commit a crime, addict in possession of firearm and violation of probation. In 2018 he was arrested by the Alameda County Sheriff’s Department for murder.

A 2018 report by Berkeleyside provides details of the various other crimes including when Asberry was “charged with the murder of an Albany dental student in her Kains Avenue apartment three years” before. “The Albany Police Department…announced the break in the fatal shooting investigation from 2015. Randhir Kaur, 37, was found dead in her apartment…on March 9, 2015.”

In addition, “DNA testing of Asberry’s blood tied him to…a 2005 sexual assault and home-invasion case in El Cerrito.”

A 2016 report by the San Francisco Chronicle “focused on the county-wide backlog of rape kits at that time, but also highlighted how the Berkeley Police Department’s failure to send in Asberry’s DNA for testing delayed the discovery of the alleged culprit in the 2008 case. Police said the rape kit had ‘fallen through the cracks,’ the Chronicle reported, but said they could not explain why.”

According to the Alameda County Sheriff’s Office, Asberry is Black, was born on Aug. 24, 1984, used multiple aliases including “Joey”, and being held in the Santa Rita Jail.

The Alameda County District Attorney’s Office (DAO) is one of California’s largest prosecutors’ offices and is led by Alameda County’s first Black woman District Attorney who is facing recall on the November ballot.

Allen D. Payton contributed to this report.

Suspected of killing Pittsburg resident Santiago Jacobo; all former co-workers

One woman, a former Deer Valley High student is his ex-girlfriend; 3rd suspect, a Concord man, being held on immigration warrant

GoFundMe account for victim’s family surpasses goal

By Captain Matt Kristic, Pleasant Hill Police Department

Crime/Incident: Homicide – Penal Code 187

Date/Time Reported: February 10, 2024

Location: Pleasant Hill Park, 147 Gregory Lane, Pleasant Hill

Victim: Santiago Jacobo, 37-year-old resident of Pittsburg, CA

Suspects: Suspect #1 Pablo Gutierrez-Morales, 31-year-old resident of Concord, CA (In-custody)

Suspect #2 Vanessa Vera-Aguilar, 24-year-old resident of Antioch, CA (In-custody)

Suspect #3 Jazmin Ruiz, 25-year-old resident of Antioch, CA (In-custody)

Case Number: 24-411

————————–

On Friday, May 31, 2024, Pleasant Hill Police Investigators arrested three people in connection with the February 10, 2024, stabbing death of park employee Santiago Jacobo of Pittsburg.

Pablo Jose Gutierrez-Morales, 31 of Concord; Vanessa Vera-Aguilar, 24 of Antioch and Jazmin Ruiz, 25 of Antioch have been booked into the Contra Costa County Jail in Martinez under the charges of Murder and Conspiracy to Commit Murder.

During a three month-long investigation, Pleasant Hill Police detectives obtained evidence indicating the victim and suspects knew each other as they all worked together at The Watermark at San Ramon, an assisted living facility.

The evidence shows that the arrested suspects planned, coordinated, and carried out the attack on Jacobo on the night of February 10, 2024, after Jacobo had finished his shift working as a custodian at Pleasant Hill Park. (See related article)

Detectives determined that prior to Jacobo’s murder, he had been in a relationship with suspect Vera-Aguilar while another suspect, Gutierrez-Morales, was pursuing a new relationship with her.

Police detectives are asking anyone with information regarding Jacobo’s death and the involved suspects to contact the Pleasant Hill Police Investigations Bureau at (925) 288-4630.

Our thoughts and condolences remain with the Jacobo family.

The Pleasant Hill Police Department would like to thank the San Ramon Police Department for their assistance. We would also like to thank the Pleasant Hill Recreation and Parks District for their ongoing assistance throughout this homicide investigation.

According to the Contra Costa Sheriff’s Office, the five-feet, 10-inch tall, 180-pound Gutierrez-Morales (born 5/8/1993) is being held in the Martinez Detention Facility without bail and his arrest type is listed as Immigration. The five-foot tall, 105-pound Ruiz is being held in the West County Detention Facility on a no bail Ramey Warrant. No information about Vera-Aguilar was available in an online search from the Contra Contra Sheriff’s Office. However, according to her Facebook page, she attended Deer Valley High School and left in 2018. Efforts to reach Vera-Aguilar and Captain Kristic for additional details were unsuccessful prior to publication time.

UPDATE: When asked to explain why Vera-Aguilar is not listed as in custody, Captain Kristic said, “All three are in custody being held on no-bail. Vera-Aguilar is also being held in the West County Detention Center. The Aquarius system the Sheriff’s Office uses was having trouble updating, today.”

Regarding Gutierrez-Morales’ arrest being listed as Immigration he said, “An external document was sent to MDF from ICE (Immigration & Customs Enforcement). But all three suspects were booked on charges of murder and conspiracy to commit murder.”

“The suspects’ photos are being released due to the violent felonies associated with this case,” Kristic added.

A GoFundMe account for Jacobo, set up by his sister-in-law Maria Jacobo on behalf of his wife, Alejandra Jacobo, has raised $42,109 as of Saturday, June 1st, surpassing the goal of $35,000. According to the account, “He leaves behind a wife and 2 kids, son Santiago and daughter Mikaela. It feels so unreal how his life was taken in such a violent and cowardly way. Santiago was a kind hardworking man and will be missed by many loved ones.” The donations are intended “to cover funeral costs or any expenses Alejandra and her kids may have during this hard time.”

Allen D. Payton contributed to this report.

Unveiling the top 10 U.S. states with highest cybercrime losses last year

By CyberNut

Cybercrime surged to unprecedented levels in 2023, resulting in over $12.5 billion in losses across the United States. Discover which states suffered the most significant financial impacts and delve into the factors driving these staggering losses in our comprehensive analysis.

• California ranks #1 among states that experienced cybercrime loss
• California lost around $2.16 billion in 2023. due to cybercrimes
• California alone accounted for approximately 17.3% of the total cybercrime losses in the U.S. in 2023

Cybercrime has become a growing threat to businesses, schools, and individuals all over the United States, with more than $12.5 billion in potential losses incurred in the last year alone. But some states are bearing the brunt of the financial losses – is your state one of them? 

“This can be attributed to the state’s large population (the largest in the U.S.), thriving tech industry, and high concentration of affluent individuals and businesses, making it an attractive target for cybercriminals,” notes Oliver Page, CEO of CyberNut.

Page delves into the top ten U.S. states that experienced the highest cybercrime losses in 2023, exploring the potential reasons behind these staggering figures. 

Rank	State	Loss (in USD)
1	California	2,159,454,513
2	Texas	1,021,547,286
3	Florida	874,725,493
4	New York	749,955,480
5	New Jersey	441,151,263
6	Pennsylvania	360,334,651
7	Illinois	335,764,223
8	Arizona	324,352,644
9	Georgia	301,001,997
10	Washington	288,691,091

10. Washington

Washington’s thriving tech industry makes it a prime target for cybercriminals. Oliver Page says, ‘With major tech companies like Microsoft and Amazon headquartered here, the state holds vast amounts of valuable data.’ Attacks on these giants and smaller businesses contributed to the state’s losses in 2023, which amounted to over $288 million.

9. Georgia 

Atlanta’s status as a significant financial hub plays a role in Georgia’s cybercrime losses, which reached over $300 million last year. Oliver Page notes, ‘The state houses numerous banks and financial institutions, attracting cybercriminals seeking to exploit vulnerabilities in the financial sector.’

8. Arizona

Arizona’s growing population and businesses make it susceptible to cyber threats. Small to medium-sized companies, often with fewer cybersecurity resources, become easy targets. The state’s focus on healthcare and education makes it a prime target for ransomware attacks.

Arizona lost over $320 million to cybercrimes last year.

7. Illinois 

Illinois, particularly Chicago, is a center for business and commerce. The state’s diverse economy, including finance, healthcare, and manufacturing, offers cybercriminals a variety of lucrative targets. Cybercrimes in Illinois in 2023 reached over $335 million.

6. Pennsylvania 

‘Pennsylvania’s large number of healthcare providers and insurance companies make it a prime target for data breaches,’ said Oliver Page. Cybercriminals exploit vulnerabilities in these sectors to steal sensitive information, leading to significant financial losses. In 2023, these losses amounted to some $360 million.

5. New Jersey

New Jersey, in fifth place, experienced over $441 million in cybercrime losses, potentially due to its proximity to New York and its own thriving financial and pharmaceutical sectors. 

4. New York

Oliver Page says, ‘New York, the fourth-highest state, suffered nearly $750 million in losses, reflecting its status as a global financial hub and the presence of numerous high-profile companies and organizations, all of whom are a prime target for cybercriminals.’ 

3. Florida 

Florida ranks third, with nearly $875 million suffered in cybercrime losses. ‘The state’s reliance on tourism, real estate, and financial services, as well as its large elderly population, make it vulnerable to scams and data breaches,’ Oliver Page says. 

2. Texas 

The state of Texas comes in second with over $1.02 billion in losses, likely due to its large population, diverse economy, and significant presence in industries like energy, finance, and healthcare, all of which are prime targets for cyberattacks. 

1. California 

California tops the list as the state with the highest cybercrime losses in 2023, reaching a staggering amount of nearly $2.16 billion. 

Oliver Page notes, ‘This can be attributed to the state’s large population (the largest in the U.S.), thriving tech industry, and high concentration of affluent individuals and businesses, making it an attractive target for cybercriminals.’ 

Cybercrime’s Devastating Impact

These staggering cybercrime losses have a significant impact on the overall economy and financial system. Oliver Page says, ‘The theft of sensitive data, financial fraud, and disruption of critical infrastructure can lead to decreased consumer confidence, higher insurance premiums, and increased costs in every area for businesses and individuals.’

To mitigate these risks, businesses, organizations, and individuals in these high-risk states should implement robust cybersecurity measures, such as:

• Regularly updating software and systems to address known vulnerabilities.
• Implementing strong access controls, including multi-factor authentication and password management.
• Providing comprehensive cybersecurity training for employees to recognize and respond to phishing attempts and other social engineering tactics.
• Regularly backing up data and testing incident response plans to ensure business continuity in the event of a breach.
• Cyber insurance should be considered to transfer some of the financial risk associated with cyber threats. 

About CyberNut

CyberNut is a security awareness training solution built exclusively for schools. CyberNut’s automated campaigns train your school’s faculty, staff, & students to recognize and report the phishing emails and deep fake Al scams that are targeting your school district, making CyberNut the easiest and the most painless security awareness training solution to implement and manage for school IT departments.

Methodology

The data on U.S. states with the highest cybercrime losses is taken from the FBI’s Internet Crime Report 2023, Page 25 (https://www.ic3.gov/Media/PDF/AnnualReport/2023_IC3Report.pdf).  After collecting the data, we ranked it based on the highest losses to the respective state. The total amount of money lost ($12.5 billion) was taken from the same report.

Guadalupe Zavala caused 6-hour stand-off ending in his death while unarmed

CA DOJ “commends APD” for manner in which they handled situation

Son later sued City of Antioch

CA Attorney General issues “policy and practices recommendations”

By California Department of Justice

OAKLAND – California Attorney General Rob Bonta, pursuant to Assembly Bill 1506 (AB 1506), today, Friday, May 24, 2024, released a report on Guadalupe Zavala’s death from an officer-involved shooting involving the Antioch Police Department in Antioch, California on December 10, 2021. The report is part of the California Department of Justice’s (DOJ) ongoing efforts to provide transparency and accountability in law enforcement practices. The report provides a detailed analysis of the incident and outlines DOJ’s findings. After a thorough investigation, DOJ concluded that criminal charges were not appropriate in this case. However, DOJ recognizes the important lessons to be learned from this incident. As required by AB 1506, the Attorney General has issued specific policy and practice recommendations related to the incident. 

“Loss of life is always a tragedy,” said Attorney General Bonta. “AB 1506 is a critical transparency and accountability tool, and our hope for this report is to provide some understanding and aid in advancing towards a safer California for all. The California Department of Justice remains steadfast in our commitment to working together with all law enforcement partners to ensure an unbiased, transparent, and accountable legal system for every resident of California.”

On December 10, 2021, Antioch Police Department responded to multiple calls regarding a man who was barricaded in his home with a rifle after shooting at neighboring homes and vehicles. A standoff lasting more than six hours ensued, during which Mr. Zavala fired multiple rounds from various locations towards law enforcement personnel, vehicles, and nearby residences. De-escalation measures, communications from the crisis negotiations team, and attempts to coerce Mr. Zavala from his residence were unsuccessful. At one point, Mr. Zavala exited his front door carrying what appeared to be a “full AR-15 style rifle.” Two snipers with the Antioch Police Department each fired one round hitting Mr. Zavala, causing him to fall back. However, because Mr. Zavala was wearing body armor, he was able to regain his footing and moved back inside the residence. Later, a fire started in Mr. Zavala’s home, and he ran out and took cover in his backyard. When law enforcement knocked down the fence of Mr. Zavala’s yard with an armored vehicle, Mr. Zavala ran towards the armored vehicle and was fatally shot.

Zavala’s son, Diego Zavala, joined in a 2023 federal lawsuit against the City of Antioch and six Antioch Police officers. (See related articles here, here and here)

Under AB 1506, which requires DOJ to investigate all incidents of officer-involved shootings resulting in the death of an unarmed civilian in the state. DOJ conducted a thorough investigation into this incident and concluded that the evidence does not show, beyond a reasonable doubt, that the officers involved did not act in lawful self-defense or defense of others. Therefore, there is insufficient evidence to support a criminal prosecution of the officers. As such, no further action will be taken in this case.

CA DOJ “Commends APD” for How They Handled Situation

In addition, the report shows the California DOJ Police Practices Section conducted a supplemental review of the information and “PPS commends APD for the manner in which they handled this volatile, dangerous situation, coordinating with neighboring agencies, exploring less-lethal options, and rapidly deploying the SWAT and CNT teams to the incident to attempt to achieve a peaceful surrender.”

CA DOJ Recommendations

As part of its investigation, DOJ has identified several policy recommendations that it believes will help prevent similar incidents from occurring in the future. These recommendations include:

COMMUNICATION

Antioch Police Department should ensure that officers are equipped with effective communications devices that can operate in the hilly areas covered by their department. Antioch Police Department can seek additional coverage or upgrades through their department-issued cell phone or radio carriers or, if that is impracticable or not feasible, examine whether there are other cell phone carriers or radio channels that would work in all areas they serve. 

COMMUNICATION BETWEEN AGENCIES

Antioch Police Department should ensure that their officers can effectively and efficiently communicate with officers from other agencies in future incidents by setting up regional radio channel systems for interagency communication.

See CA DOJ Antioch Police Policy and Practice Recommendations.

Emails were sent early Friday afternoon to Acting Antioch Police Chief Brian Addington, Antioch Police Officers Association leaders and their attorney, Mike Rains for comment on the report, as well as City Attorney Thomas L. Smith, Addington and Rains with questions regarding the 2023 lawsuit that included Zavala’s son. The efforts were unsuccessful prior to publication time.

UPDATE: Rains responded early Friday evening saying, “That was good news from the DOJ. I think the findings were appropriate. The DOJ does a very good job, in my opinion, in these 1506 cases analyzing the facts and clearing the officers of any wrongdoing. I also see the PPS commends the department for de-escalation.”

About the lawsuit he said, “I don’t know on the civil side if the lawsuit is settled or not,” as Rains’ firm does not represent former officer Eric Rombough.

“We represented the officers in the 1506 case, including Duggar and Chang, who were the two primary officers who fired their weapons and were part of the DOJ investigation,” Rains added.

A copy of the complete CA Attorney General’s report can be found here.

Please check back later for any updates to this report.

Allen D. Payton contributed to this report.

Up to $150,000 rewards offered; may be tied to mail carrier thefts in Antioch, Contra Costa County

By Allen D. Payton

Palo Alto Police Lt. Con Maloney issued the following information on May 14, 2024, announcing the arrests of two suspects for the robberies of two mail carriers:

Police arrested two suspects this weekend after they committed robberies of United States Postal Service mail carriers in Belmont and Palo Alto, and then led officers on a vehicle pursuit in a stolen car before crashing into a tree and fleeing on foot. Police recovered two airsoft pistols and the stolen property.

The incident began around 2:12 p.m. on Saturday, May 11, 2024, when our 24-hour dispatch center put out an alert on the police radio about a strong-arm robbery of a mail carrier that had occurred around 1:30 p.m. in Belmont. The Belmont Police Department described the two suspects and the vehicle they were driving (a black 2013 Infiniti G37 two-door, bearing a stolen license plate that belonged on a Ford).

At about 2:18 p.m., our 24-hour dispatch center received a call from a witness reporting they had just seen two males loitering in the 800 block of Ilima Court. When the males spotted the witness, they quickly walked away and entered a black Infiniti sedan parked on Laguna Avenue. The witness continued to watch them and saw them exit the Infiniti and walk back towards Ilima Court. The witness’ description of the males and their car closely matched the alert from Belmont. Officers began responding to the area to investigate.

A few minutes later, other witnesses called police to report that a mail carrier had just been robbed at gunpoint in the 800 block of Ilima Court by two suspects matching the earlier description.

Responding officers located the suspect vehicle driving northbound on El Camino Real from Matadero Avenue. When officers attempted to make a stop, the suspect vehicle fled at a high rate of speed, leading police on a vehicle pursuit that turned westbound onto Hansen Way. The suspect vehicle lost control and crashed into a tree in a private parking lot in the 3100 block of Hansen Way, and both suspects inside then fled on foot. Officers chased the suspects, arresting them both without incident nearby a short time later.

Both suspects sustained minor injuries as a result of the collision. Personnel from the Palo Alto Fire Department treated and released them at the scene. Neither suspect, nor any officers, were injured during the arrests.

The suspect vehicle sustained major damage from the collision and had to be towed from the scene. It turns out the Infiniti itself had been reported stolen from Alameda on May 1, while the license plate on its rear had been reported stolen from Hayward on May 11.

Inside the vehicle, officers located two sets of stolen postal keys that were later confirmed to be the ones stolen from the two mail carrier victims (one from Belmont, one from Palo Alto). Officers also located two realistic-looking replica handguns; one inside the vehicle, and the other on the ground outside the vehicle.

The Palo Alto robbery investigation revealed that the victim, a mail carrier in his sixties, had been approached by both suspects. One suspect pointed a gun at his head while demanding his postal keys. Both suspects grabbed the victim and forcibly took the keys from him. The victim was not physically injured.

The robbery in Belmont occurred around 1:30 p.m. on May 11 in the 700 block of Old County Road. In that case, the mail carrier was a woman in her forties who received minor physical injuries but declined medical treatment at the scene. No weapon was used.

Police booked 19-year-old Trevionne Levar Williams of Sacramento into the Santa Clara County Main Jail for robbery, assault with a deadly weapon, elder abuse (due to the age of the Palo Alto victim) and committing a felony while out on bail for another felony (all of which are felonies), and also for misdemeanor resisting arrest (for running from the police after the collision). Williams is currently out on bail in Sacramento County for multiple firearms-related violations. Police arrested the second suspect for robbery, assault with a deadly weapon, elder abuse, and vehicle theft (all of which are felonies), and also for misdemeanor evading police (for leading them on the pursuit); as he is a 17-year-old male, police transported him to the Santa Clara County Juvenile Hall. In accordance with our standard release of information procedures, no additional information on that suspect is available since he is under the age of 18. The juvenile was driving the stolen vehicle at the time of the collision.

Palo Alto detectives are working in close collaboration with detectives from the Belmont Police Department, as well as investigators from the United States Postal Inspection Service. Palo Alto detectives are also actively investigating to see if these suspects may also be responsible for a strong-arm robbery of a mail carrier that occurred in Palo Alto in December 2023. For details on that incident, see the news release we distributed at the time. That case is unsolved and remains open.

Robberies of mail carriers for postal keys, which are used to access locked Postal Service mailboxes, are becoming increasingly more common (though this is only the second such case in recent memory here in Palo Alto). Thieves then use the keys to assist them in committing mail theft, which in turn facilitates identity theft, fraud and other crimes.

Unauthorized possession of a postal key is a federal crime, a conviction which can land someone in prison for up to ten years. The United States Postal Inspection Service encourages anyone who knows the location of any stolen postal keys or who has information about any robberies of mail carriers to contact their 24-hour hotline at (877) 876-2455. They offer a reward of up to $150,000 for information leading to the arrest and conviction of any suspects.

According to Postal Inspector Matthew Norfleet of the U.S. Postal Inspection Service, Oakland Team, Palo Alto Police and postal inspectors are investigating another robbery of postal keys from a mail carrier in that city. We are asking residents to report any financial crimes related to theft of U.S. Mail as it may be related to the robbery and assault of postal workers. A reward up to $150,000 is available for information leading to the arrest and conviction of anyone who robbed or assaulted a postal worker.

According to localcrimenews.com, the six-foot, one-inch tall, 290-lb. Williams was also arrested in Sacramento on May 4, 2024, for carrying a concealed weapon in a vehicle and for the manufacture, import and/or sale of a large-capacity magazine of bullets.

Strong-Arm Robbery of Mail Carrier

Then, on Friday, May 17, 2024, Palo Alto Police Lt. David Lee issued the following about the second incident:

Police are investigating a strong-arm robbery of a United States Postal Service mail carrier that occurred yesterday in the Midtown neighborhood. The two suspects are unknown and at large.

On Thursday, May 16, 2024, at about 11:57 a.m., our 24-hour dispatch center received a call from a Postal Service supervisor stating that one of their mail carriers had been robbed of his postal keys about ten minutes earlier in the parking lot of the Southwood Apartments at 2850 Middlefield Road.

The investigation revealed that the victim, a man in his sixties, had been delivering mail when two men approached him and demanded his postal keys. The victim complied and turned over the keys. The men then demanded his wallet and cell phone, and when the victim refused, a fistfight ensued between all three. The suspects knocked the victim to the ground, and then fled on foot towards the parking garage. A short time later, the victim saw a black vehicle drive out of the garage at a high rate of speed to head southbound on Middlefield Road. The victim called his supervisor to report the incident.

The victim described the suspects as Hispanic males in their twenties, both about 5 feet 8 inches tall with average builds and no facial hair. The victim said they were both wearing black hooded sweatshirts with the hoods up. He said that when the suspects approached him, both had one hand reaching into their waistbands. He never saw either of them with a weapon. The victim described the vehicle he saw driving away as an older model Nissan Altima four-door sedan, with paint that looked old.

The victim sustained minor injuries to his face, rib cage, and knee. He declined medical attention at the scene.

Detectives are working with investigators from the United States Postal Inspection Service to conduct follow-up investigation. Palo Alto detectives are also investigating to see if these suspects may also be responsible for a strong-arm robbery of a mail carrier that occurred in Palo Alto in December 2023. For details on that incident, see the news release we distributed at the time. That case is unsolved and remains open. Detectives do not know if there is any connection between yesterday’s case and the arrests made of two individuals over the weekend for mail carrier robberies.

Robberies of mail carriers for postal keys, which are used to access locked Postal Service mailboxes, are becoming increasingly more common. Thieves then use the keys to assist them in committing mail theft, which in turn facilitates identity theft, fraud, and other crimes. Please report any financial crimes connected to the U.S. Mail to postal inspectors, even if the loss was minimal or covered by another institution.

Unauthorized possession of a postal key is a federal crime, a conviction which can land someone in prison for up to ten years. The United States Postal Inspection Service encourages anyone who knows the location of any stolen postal keys or who has information about any robberies of mail carriers to contact their 24-hour hotline at (877) 876-2455. They offer a reward of up to $150,000 for information leading to the arrest and conviction of any suspects.

In light of these robberies, police are asking that the public keep a watchful eye out, remain alert for suspicious behavior around mail carriers, Postal Service vehicles, and common mailboxes, and promptly report any suspicious activity to law enforcement. This could include vehicles and/or individuals appearing to follow mail carriers.

Inspector Unsure if Connected to Robberies in Antioch, Contra Costa

Norfleet was asked if the juvenile suspect is from and if either are suspects in robberies of mail carriers in Antioch or Contra Costa County. He responded, “I am not aware of a specific connection to Contra Costa County in the Belmont or Palo Alto robberies. We are still looking at possible connections between these suspects and any of our open robbery investigations in Contra Costa and Alameda counties. We have seen several Bay Area robberies committed by suspects using cars stolen from the Sacramento area, so we know they are at least passing through Contra Costa, and it’s not unreasonable to suspect the same individuals may be responsible for robberies in Antioch (or Contra Costa). We continue to look for leads on mail thefts throughout Contra Costa County, particularly if they relate to robberies of postal workers.”

Anyone with information about this incident is asked to call our 24-hour dispatch center at (650) 329-2413. Anonymous tips can be e-mailed to paloalto@tipnow.org or sent via text message or voice mail to (650) 383-8984.

Male’s body found near medical offices Wednesday morning

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

On May 15, 2024, at approximately 7:19 AM, Antioch police officers responded to the 2200 block of Country Hills Drive to assist Contra Costa Fire on a reported male down on the sidewalk possibly in need of medical attention.

When officers arrived, they located a deceased male. The cause of death is unknown. The Antioch Police Department’s Investigations Bureau, consisting of Crime Scene Investigators and detectives with the Violent Crimes Unit took over the investigation. The cause of death is pending an autopsy from the Contra Costa County Sheriff’s Coroner’s Office. This is an active investigation, and no further information will be released.

The Antioch Police detectives are asking the public for assistance. If you happened to of driven through the area between last night and this morning and have dash camera video, please contact Detective John Cox.

5/16/24 UPDATE: Contra Costa County Deputy Coroner Sanchez identified the man as Raheem Coe, a 48-year-old man from Antioch.

Additional inquiries or information can be directed to Antioch Police Detective John Cox at (925)481-8147 or by emailing jcox@antiochca.gov. Anonymous tips or information about this – or any other incident – can be sent via text to 274637 (CRIMES) with the keyword ANTIOCH.

Allen D. Payton contributed to this report.

5-0 vote costs City $50,000 including attorney’s fees

Mock trial held, court wouldn’t grant officers qualified immunity which contributed to decision

Officers responded to home in Dec. 2020 where he was strangling his mother

Died in the hospital 3 days later while not in police custody

Coroner’s autopsy determined Quinto died of drug intoxication, psychiatric conditions, physical exertion and cardiac arrest

Independent toxicology report found presence of Fentanyl in Quinto’s blood – in addition to Modafinil and Levetiracetam.

DA reported, “an internal examination showed no bone fractures or damage to Quinto’s larynx and trachea” and “accounts of what transpired in the bedroom are consistent among all witnesses in that no police officer applied pressure to Quinto’s neck.”

By Allen D. Payton

During a Closed Session meeting Tuesday night, May 14, 2024, after receiving information from a representative of the County’s insurance pool the Antioch City Council voted 5-0 to settle the lawsuit by the family of Angelo Quinto who died in December 2020 following an interaction with Antioch Police Officers, while attacking his family during a mental health crisis. The council agreed to settle with the family for $7.5 million.

The Closed Session agenda item #1 read, “CONFERENCE INVOLVING JOINT POWERS AGENCY – Municipal Pooling Authority and California Affiliated Risk Management Authority (CARMA). Discussion will concern EXISTING LITIGATION pursuant to California Government Code section 54956.9 MARIA QUINTO-COLLINS, et al., v. CITY OF ANTIOCH, et al., United States District Court Northern District of California CASE NO.: 3:21-cv-06094-AMO; Name of local agency representative on joint powers agency board: Thomas Lloyd Smith, City of Antioch; Appearing on behalf of joint powers board: Linda Cox, Municipal Pooling Authority and Amanda Griffith, ERMA (Employment Risk Management Authority).”

The Municipal Pooling Authority (MPA) is the County’s insurance pool and along with ERMA and CARMA determined the maximum amount of a settlement they would approve. Had the council not settled and continued fighting the lawsuit, the three authorities would not have paid for attorney’s fees and any settlement or amount determined by the judge or jury. Instead, it all would have had to be paid from the City’s General Fund, most of which pays for the police department. By settling the lawsuit, the City only has to pay its $50,000 deductible including attorney’s fees.

Background

On Dec. 23, 2020, Officers responded to the home of Quinto’s parents after dispatch received a call that the young 30-year-old Filipino-American Navy veteran was attacking them. As previously reported, Quinto’s sister placed the call telling police Angelo was strangling their mom, and the mother was not breathing. The sister told police Angelo took drugs. The sister had a hammer in her hands, which her brother had taken from her at one point, but she was able to get it back. Upon arrival, officers found Quinto being actively restrained by his mother on a bedroom floor of the home.  

Although claims were made by his family that officers restrained Quinto by using a knee to his neck for five minutes, that was proven false, as police claimed they had only placed a knee on his back. According to then-Chief Tammany Brooks, “At one point, during the handcuffing, for a few seconds an officer did have his knee across Angelo’s shoulder blade…taught at police academies for prone handcuffing.” Quinto died in the hospital three days later while not in police custody. (See related articles here and here)

During Brooks’ report of the incident he said, “I have been in contact with the Coroner’s Office and the following four points have been jointly approved by multiple pathologists related to their findings thus far:

1. Although the decedent had injuries consistent with a struggle with his family and law enforcement, none of the injuries appeared to be fatal.
2. There were no fractures of the skull, torso, or extremities.
3. A full examination of the neck revealed there was no evidence of strangulation or crushed airway.
4. They are currently expanding toxicology testing because they were aware of reported past drug use.”

An autopsy was performed on December 28th by the Contra Costa County Coroner’s Office which ruled Quinto succumbed to excited delirium and prescription drugs during the physical altercation with officers. Further, the cause of death was determined to be Excited Delirium Syndrome due to drug intoxication, psychiatric conditions, physical exertion and cardiac arrest. (Excited Delirium being recognized as a valid medical diagnosis or cause of death has since been outlawed in California with the passage of a bill, AB-360, last October. It prohibits coroners, medical examiners, physicians or physician assistants from listing excited delirium on a person’s death certificate or in an autopsy report).

On February 18, 2021, Quinto’s family, through their attorney, John Burris, filed a complaint against the Antioch Police Department. Burris had previously complained the officers didn’t have their body cameras turned on, but the council hadn’t yet approved the purchase of police body cams and the department did not implement them until 2021.

On Friday, August 20, 2021, Contra Costa County Sheriff-Coroner David Livingston announced that a coroner’s jury reached a finding that Quinto’s death was an accident, not at the hands of another.

Then, in September 2022, Contra Costa District Attorney Diana Becton determined, Antioch Police officers engaged with Quinto in a manner that was lawful and objectively reasonable under the circumstances and an internal examination showed no bone fractures or damage to Quinto’s larynx and trachea.

According to the DA’s Office, “A toxicology report by the Coroner’s Office showed that Quinto had the presence of caffeine, Levetriacetam (a therapeutic for adults and children with epilepsy), and Modafinil – a drug to stimulate wakefulness – in his system. The Santa Clara County Medical Examiner-Coroner reviewed the autopsy findings and agreed with its conclusions.

“The Quinto family commissioned an independent autopsy, and its findings note the cause of death was restraint asphyxiation. The private autopsy lists petechial hemorrhaging as the basis for such conclusion. An independent toxicology report also found the presence of Fentanyl in Quinto’s blood – in addition to Modafinil and Levetiracetam.

“However, of critical importance to the investigation, an internal examination showed no bone fractures or damage to Quinto’s larynx and trachea. While there are conflicting medical opinions as to the cause of death, the accounts of what transpired in the bedroom are consistent among all witnesses in that no police officer applied pressure to Quinto’s neck.

“After reviewing the evidence, the method of restraining Angelo Quinto by Antioch Police officers on December 23rd was objectively reasonable under the totality of the circumstances. Therefore, when applying the applicable law and the California District Attorney’s Uniform Crime Charging Standards, there is no evidence of a criminal offense committed by the Antioch Police officers involved in restraining Angelo Quinto.”

Yet, according to a March 16, 2023, report by the San Francisco Chronicle, “During a deposition, the county contract doctor acknowledged the possibility that Quinto died of asphyxiation from restraint, according to a court filing by attorneys for Quinto’s family.”

Councilmembers’ Actions, Comments Prior to Settlement

The settlement vote by three of the council members was to be expected as they’ve been sympathetic and apologetic to Quinto’s family. During the council meeting on Oct. 25, 2022, Mayor Lamar Hernandez-Thorpe and Mayor Pro Tem Monica Wilson wore T-shirts in support of Angelo Quinto, Wilson proposed naming the City’s emergency response team after the young man, which was supported by the entire council, and District 1 Councilwoman Tamisha Torres-Walker said, “I want to say to the Quinto family, you lost your son, that’s how we got here. Your loss has spurred some change, but it didn’t have to happen.” (See related article and the 2:35:42 mark of the council meeting video) In addition, Torres-Walker wore the same shirt at a later time and event. Plus, the mayor has repeatedly, falsely claimed Quinto died while in police custody.

But the unanimous vote in favor of an out-of-court settlement was not expected.

Barbanica Explains Reason for Settlement

About his vote for the settlement, District 2 Councilman Mike Barbanica said, “these are extremely difficult cases. I’ve been very clear in open session that the DA’s office and Coroner’s inquest did not find that he died at the hands of the officers. I let those investigations speak for themselves. There was no criminal wrongdoing by any of the police officers.”

“But when the insurance pool is paying for the City’s legal defense, if the council declines a settlement offer presented to them, and decides to continue to fight it, then the City will pay potential attorneys’ fees and any judgement that holds the City responsible,” Barbanica explained. “The City is paying $50,000 which includes attorney’s fees, and the insurance pool is paying up to the balance of $1 million, which is common in any settlement, limiting the exposure to the City’s General Fund.”

“Once you get to $1 million, it kicks over to secondary insurance which paid the remaining $6.5 million balance,” he added.

“In addition, the court did not grant the officers in the case qualified immunity. If we had continued in this case, we don’t know what it would have meant for the officers,” he stated. “The city attorney also made a very wise decision to hold what is called a mock trial in this case and is done in secrecy.”

“That was all done during the course of the lawsuit with an actual jury because he wanted to know any potential outcome. Those were factors that went into the decision-making on the settlement,” Barbanica explained. “This was not a haphazard decision. There was a lot of research, and all of this was done prior to them coming to us with a proposed settlement.”

Ogorchock Offers Her Reasons for Settling

When reached for comment explaining her reason for supporting the settlement, Ogorchock said, “As with any lawsuit, if they would have found even one percent liability by the City, it could have opened up the General Fund to pay more than what was paid.”

Asked if the insurance authorities said why they felt a jury would have been sympathetic to the family instead of the City, Ogorchock would not get into the details from the Closed Session discussion.

Asked about who represented the City, Ogorchock said, “the city attorney (Thomas L. Smith) chose the attorney to represent the City in the case.”

“We settled the case based on the city attorney’s and the insurance carrier’s advice. If we hadn’t, it would have opened up the City to the liability,” she added, reiterating the information shared by Barbanica. “In litigation cases, MPA will give us their advice and if we even have a small percentage of liability they will recommend a settlement amount. We as council, can choose to either accept or reject MPA’s recommendation. If we reject it, then we as the City take on the full, potential liability costs.”

However, Barbanica later said, “The city attorney chose from a list of attorneys provided by the pooling authority.”

Questions for City Attorney, Acting City Manager, Interim Police Chief Go Unanswered

The background information shared above, and the following questions were sent Tuesday night to City Attorney Thomas L. Smith, Acting City Manager Kwame Reed and Interim Police Chief Brian Addington:

“Who represented the City in court against the lawsuit by Angelo Quinto’s family including the names of the law firm and attorneys?

If the case had not yet been presented to a jury, were there any preliminary rulings by a judge in favor of Quinto’s family?

Why settle if all the facts were in favor of the Antioch Police officers?

What were the determining factors by the Municipal Pooling Authority, CARMA and ERMA which caused them to recommend settlement instead of defending the City and why that amount?

Were any of the officers who responded to the Quinto home subjects of either the FBI investigation into ‘crimes of moral turpitude’ or the racist text scandal? If so, was that the reason for the settlement, the fear a jury would side against those officers and in favor of Quinto’s family?

What language is included in the settlement? Does it claim culpability by the officers?

According to then-Police Chief Tammany Brooks, Quinto was not in custody at the time he died in the hospital on Dec. 26, 2020. Is that correct? If not, when did that information get changed?”

They were also asked for copies of both the lawsuit and any and all settlement documents.

They did not respond prior to publication time. Please check back later for any updates to this report.