While on felony probation for theft; has history of arrests dating to 2018

By Brentwood Police Department

On April 30, 2024 around 8:30PM at night, Brentwood officers were dispatched to Michael’s Arts and Crafts for a report of a known shoplifter who had just stolen approximately $1,400 worth of merchandise and walked out of the store.

When officers arrived, a Brentwood Sergeant saw the suspect in the immediate area, and the suspect, identified as 32-year-old Mathew Davis of Antioch, fled on a bicycle after dumping the stolen merchandise.

As the Sergeant attempted to contact Davis, Davis attempted to flee on his bicycle. Another officer in the area had parked his patrol car and while walking towards Davis, Davis subsequently ran into the parked patrol car while trying to flee on his bicycle.

Davis, who did not sustain any injuries, was safely taken into custody.

Davis, who is on felony probation for theft, also has a court order to stay away from Kohl’s.

Davis was arrested for shoplifting, felony probation violation, court order violation and other related charges.

According to localcrimenews.com, he has a history of arrests dating back to 2018 by multiple agencies for crimes including threats of violence, drug possession, drawing or exhibiting an imitation firearm in a threatening manner, resisting, obstructing or delaying a peace officer and trespassing.

Allen D. Payton contributed to this report.

Sonia Ledo proudly announced today she is the only State Assembly candidate in District 15 who is endorsed by four local police associations and the Deputy District Attorneys Association in Contra Costa County.

Ledo secured endorsements from the Walnut Creek Police Association, Concord Police Association, Martinez Police Officers Association and BART Police Officers’ Association. The Contra Costa County Deputy District Attorneys Association also endorsed the Assembly candidate for her commitment to address low-level crime and keep dangerous criminals off the streets.

“As representatives of the Martinez Police Officers Association, we wholeheartedly endorse Sonia Ledo for the California State Assembly seat in District 15,” said Martinez POA Board President Sean Angoco. “Sonia Ledo’s unwavering support for law enforcement is unparalleled. Sonia’s commitment to addressing urgent issues such as public safety is deeply rooted in her understanding of the critical role law enforcement plays in safeguarding our communities.

We believe Sonia Ledo’s unwavering support for law enforcement, coupled with her fairness, transparency, and strong work ethic, make her the ideal candidate to represent us in the State Assembly. We urge you to join us in supporting Sonia Ledo on November 5th for a safer and brighter future for California.”

Concord Police Association Board President Paul Van Diver referred to Ledo as “a true champion for public safety and community well-being”. He believes Ledo is “an obvious and compelling choice for endorsement because her consistent dedication to upholding important values only solidifies her as an exceptional candidate.”

Shane Reiss, President of BART Police Officers’ Association said, “BART POA endorses Sonia Ledo because she’s the only candidate in this race that opposes Prop. 47 and she believes in enforcing laws and keeping dangerous criminals off the streets.”

“I am honored to have earned the endorsements of so many local law enforcement organizations within Assembly District 15”, Ledo said. “It says they believe in me to go to work on day one in Sacramento and address the failed policies of the last decade. Such failed state policies have made us less safe in our communities while shopping, enjoying public spaces, and even in our own homes. We need new direction in Sacramento and that’s what I will bring”, Ledo said.

Her plan for improving public safety is a comprehensive four-part approach that includes a focus on police, prosecutors, judges and rehabilitation.

Ledo will work for:

• Better recruitment, training and technology programs for our police departments;
• Tougher mandates for prosecution of criminals by our district attorneys;
• Stricter sentencing guidelines for our judges; and
• Mandated rehabilitation and transition services for first-time offenders and those who have served their time.

The 15th Assembly District includes all of Antioch. For more information, contact Sonia Ledo at info@SoniaLedo.com call 925-567-9988 or visit SoniaLedo.com.

Following Saturday’s rash of events

Responds to mayor’s swipe about playing politics

“We should not tolerate our elected officials dodging the issues by watering down penalties or limiting the authority of the police to cite everybody involved. Push your elected officials to put a stop to this.” – Councilman Mike Barbanica

“Pittsburg has taken a different direction. They have this policy.” – Mayor Lamar Hernandez-Thorpe

Lack of ordinance due to council member absences at meetings it was discussed and voted on

By Allen D. Payton

In a video post on his county supervisorial campaign Facebook page on Monday evening, June 3, 2024, Antioch District 2 Councilman Mike Barbanica urged the public to support including prohibiting spectators in the sideshow ordinance. He also responded to Mayor Lamar Hernandez-Thorpe’s swipe at him, Mayor Pro Tem Monica Wilson and District 3 Councilwoman Lori Ogorchock for not voting to pass the second reading of the sideshow ordinance in March. As previously reported, after the council voted 5-0 in February for the ordinance banning advertising and organizing sideshows, with the mayor and District 1 Councilwoman Tamisha Torres-Walker absent, no motion was made by the three council members in attendance to adopt the new ordinance. Barbanica and Ogorchock wanted a stronger ordinance with fines for spectators and greater penalties.

As previously reported, in the mayor’s Facebook video post on Saturday night about the sideshows, he said about the three council members, without naming them, “Unfortunately, the council decided to play politics and not pass the sideshow ordinance.”

Asked “didn’t you vote against targeting spectators,” Hernandez-Thorpe responded, “No. I proposed a sideshow ordinance that targeted organizers and spectators. When it got to council there was only consensus for organizers. I defended the use of camera technology assuring the public that we did a good job of determining who was a side show spectator and who was legitimately stuck in traffic created by sideshows. It had consensus (not a vote) from the council. When it came back for first reading vote as a proposed ordinance only targeting organizers it had unanimous support (5-0). The second reading of the ordinance on consent was pulled and failed. That’s called playing politics because as you know…laws can be easily modified later. I don’t always expect to get 100% of what I propose.” (See related article)

All three council members were asked if they had a response to the mayor’s comments about their lack of action in March. Only Barbanica responded saying he would post a video on the matter.

Barbanica Urges Public to Contact Council Members to Give Police All Needed Tools

In the post of a YouTube video on his Facebook page entitled, “Side Shows and what we can do”, Barbanica wrote, “Last weekend, Pittsburg and Antioch both experienced side shows. Push your elected officials to do everything we can to give officers every tool possible to put a stop to these.”

In the video he said, “Many of you are aware I retired as a police lieutenant, I did 21 years with the Pittsburg Police Department,” I’ve been on scene where we’ve had large groups of individuals and had to work…to break up that activity. I will tell you from experience if you hear that all we have to do is cite the organizer and the whole thing will come crumbling down. That is ridiculous.

“We should be giving our officers the tools…to be able to go out and cite anybody who is there, depending on the situation,” he continued. “I’m not talking people that are stuck in their cars waiting to get through a sideshow. I’m talking active participants. These are causing havoc within our communities.”

Barbanica shared about firefighters telling him about an engine stuck in a backup caused by a sideshow on their way to an emergency. “It’s a matter of time before somebody is seriously hurt or worse,” he stated.

“I’m asking you to push your elected officials…and tell them, ‘Enough. We’ve had enough and to stop playing games and taking a potentially, a very strong ordinance and watering it down.”

“I proposed that we not only cite anybody involved with a sideshow but active participants, the folks with the video cameras, cheering it on, surrounding the sideshows. Obviously there to participate,” Barbanica stated. “And that met with resistance from politicians. For the life of me I can’t understand why we would not want to give our officers the tools to do that.”

“It doesn’t mean they’re going to cite everybody that’s there,” he explained. “It means it’s a tool that they have when they get there, and they need to break up a sideshow. Start handing out citations and see how fast that breaks up.”

“But what happens, we have elected officials that say, ‘ah, what we need to do is just cite the organizers’,” Barbanica stated. “Do we want to sign the one organizer sitting behind their computer the many who are out there causing these issues. I say both. We do both.”

“Don’t let your elected officials fool you. Put pressure on them to enact these municipal codes to give our police the authority and the ability to take action,” he stated. “So, as long as we continue to tolerate this and as long as we accept this from our elected officials, we’re going to see this continue.”

“Push your elected officials to put a stop to this, please,” Barbanica concluded.

Ordinance Discussed During Nov. 14, 2023 Council Meeting When Ogorchock Absent

However, the lack of consensus for including prohibiting spectators in the ordinance was due to Ogorchock’s absence for the council meeting on Nov. 14, 2023. During discussion of the proposed ordinance that night, two of the four council members present, Torres-Walker and Wilson, expressed opposition to including enforcement against spectators. (See 2:35:20 mark of November 14, 2023 council meeting video)

Proposed Ordinance Included Banning Spectators at Sideshows

The section on spectators in the city staff’s proposed ordinance presented at that meeting reads:

“(I) ‘Spectator’ means any individual who is present at an illegal motor vehicle sideshow, speed contest, exhibition of speed, or at a location where preparations are being made for such events, for the purpose of viewing, observing, watching, or witnessing the event as it progresses. The term ‘spectator’ includes any individual at the location of the event without regard to whether the individual arrived at the event by driving a vehicle, riding as a passenger in a vehicle, walking, or arriving by some other means.

VIOLATIONS; BEING A SPECTATOR AT AN ILLEGAL MOTOR VEHICLE SPEED CONTEST, EXHIBITION OF SPEED, OR SIDESHOW IS PROHIBITED.

(A) It is unlawful for any person to:

1. Be knowingly present as a spectator at an illegal motor vehicle speed contest, exhibition of speed, or sideshow on a public street or highway or in an offstreet parking facility

2. Be knowingly present as a spectator where preparations are being made for an illegal motor vehicle speed contest, exhibition of speed, or sideshow conducted on a public street or highway or in an offstreet parking facility

(B) An individual is present at an illegal motor vehicle speed contest, exhibition of speed, or sideshow if that individual is on a public street or highway, public property, or on private property without the consent of the owner, operator, or agent thereof, and is within two hundred (200) feet of the location of the event or within two hundred (200) feet of the

location where preparations are being made for the event.

(C) Local law enforcement shall also have the authority to cite any spectator in violation of this chapter with an administrative citation.”

During the council discussion during the Nov. 14th meeting Barbanica said, “This is a tool our officers can use to break up sideshows. Torres-Walker responded with, “We’ve given this particular police department tools in the past and they have misused them and often abused their authority. So, to trust an individual to make the determination at a scene in this instance when we couldn’t trust some folks in our department to make the determination whether they would actively not violate somebody’s civil rights or participate in racism, I think, like for me it’s a real concern to say, ‘hey, here’s an ordinance, go, we’re going to trust your judgement when we haven’t been able to trust your judgement in the past. I’m not saying in the future we won’t have a department that we can fully trust. But 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.”

Barbanica responded, “Based on what’s going on with our police department, here, the officers that are involved in this situation are being dealt with. To say that we can’t give an officer a policy to enforce an infraction because what other groups of officers are accused of doing, I do not follow that logic path. It doesn’t mean the officers out there working should be stripped of every enforcement technique they can use.”

“Saying that like something is within policy can mean that the policy in itself is problematic,” Torres-Walker then responded. “And so, when we provide policies to individuals in law enforcement with the authority to like, enforce those policies in our community we have to make sure that those policies don’t, in turn, intent versus impact is important. You can’t keep implementing policies that could also profile and harm people rather than provide an actual solution. That is why I am concern about this policy because I’m concerned about every policy in our police department that has not yet gone under review.”

“I’ll just say that, you know, we had gotten a handle on sideshows. The reality is it all falls back to the fact that our traffic division was basically decimated as a result of the racist text messaging scandal,” Hernandez-Thorpe said. “The policy, I thought it was punitive from the very beginning. I thought it was too much. But I thought it was important to send, you know, a very clear message to people who conduct and organize these sideshows as we have done in the past. So, I’ve kind of gone back and forth and I kind of scratched my head and I hear all the concerns everybody has expressed.”

In response to a question from Wilson about coordinating with neighboring cities, the mayor said, “Pittsburg has taken a different direction. They have this policy. In terms of what works, I don’t think anybody would say anything has worked. We can say what worked…when we had a sideshow traffic detail and it had nothing to do with any policy. It had to do with the methods and techniques our officers were using to find people who are organizing these sideshows. They were preventing them from happening and it worked when we had officers. So, this maybe, this may not work. I don’t know. What does give me comfort is the times we have had to cite people they’ve used our camera systems to validate whether anything was right.”

“I will give you the example of a woman who reached out to us and said, ‘hey, my son was just standing there doing absolutely nothing’ and we went out of our way as a city to say we will look into that,” Hernandez-Thorpe continued arguing in favor of including spectators in the ordinance. “And turns out not only was he there he was one of the people vandalizing the police car. So, not only was his car towed, not only did he get a citation but then he, now is being charged criminally, with a crime by the DA. So, what gave me some level of trust in having this policy is the fact we have a camera system in areas where we tend to see the highest number of sideshows, large-scale sideshows in the city.”

“If we don’t want to move forward with this, I’m personally fine,” the mayor then said sharing concerns about staff time. “And it’s clear we’re seeing in other cities it may not be working. This policy exists in Pittsburg. It exists in San Jose. I think Oakland is working on the policy, as well.”

“I’ve spoken with officers over in Pittsburg on the effectiveness of the program over there,” Barbanica interjected. “Most of the time they don’t even have to use it. They show up to these sideshows and say, ‘we will cite you, we will tow your cars, you’re not going to do this,’ here and the sideshows generally move on. I’m not saying they don’t get them. But that is a tool that they use to actually deter this, as a deterrent. And our staffing, we may not have capacity today but I’m betting we will at some point. Again, this is a tool for deterring this from occurring.”

“Isn’t it already somewhere in the traffic code…is this going to add an additional layer to something,” Torres-Walker asked City Attorney Thomas L. Smith.

“You are correct, for the drivers in the sideshows there are multiple ways they can be held accountable,” he responded. “What this is doing is looking at the people who are not the drivers but people who are either bystanders, watching, participating in the sideshow or planning the sideshow. So, it is another layer, as you said.”

“We all know who spectators are. I mean, they’re standing out there with cameras, they’re cheering and yelling and screaming. Some of them have fireworks,” Hernandez-Thorpe stated. “Someone sitting in a car is not going to be confused with a spectator.”

Wilson then shared her thoughts saying, “The organizer piece is really what I have the most interest in. The rest are concerning with the same concerns in this argument over here,” as she pointed toward Torres-Walker. “The organizer piece I do want.”

“Maybe we can look at an ordinance that specifically looks at organizers, for now…if we decide, ‘hey, that wasn’t strong enough we need to go after spectators we can always add that to the ordinance,” the mayor suggested.

Barbanica responded echoing the mayor’s previous concerns about wasting City staff time saying, “Doing two of these is really taking up a lot of staff time. I guess I’m just not following the logic of why…somebody standing out there cheering on a sideshow destroying the neighborhood and destroying city property, why we’re adverse to citing people for doing that.”

“Concern for some people…is that there’s a risk of, one, abusing that and two, confusing people who may not be need to be there,” Hernandez-Thorpe responded, “There have been instances where we decided, you know what, that tool, for now we’re just going to put it on the back seat,” while referring to the council majority’s vote against purchasing new tasers after a suspect died following being tazed by Antioch police officers.

Torres-Walker then reiterated the past police efforts to focus on the organizers and “preventing the sideshow from happening before it even happened. So, I wouldn’t be against coming back with something focused on organizers but not spectators.

“We can try that,” the mayor responded.

As a result, city staff returned in February with the ordinance focused only on banning advertising and organizing sideshows. See proposed sideshow ordinance.

Hernandez-Thorpe Won’t Include Spectators Ban When Ordinance Returns for Next Tuesday’s Meeting

Asked if he will now bring back the ordinance and include banning spectators as other cities like Modesto, Clovis and San Diego have done and state law allows and since he, Barbanica and Ogorchocck support including spectators if he will bring back the original ordinance staff proposed, Hernandez-Thorpe responded, “Top of FormBottom of FormThere was NO original ordinance proposed by staff. The Nov. 14th meeting was a discussion about my original proposal to focus on spectators and organizers. The time to make changes was at the meeting that EVERY COUNCILMEMBER was present for and nobody did and the proposed ordinance got a FIVE-ZERO VOTE. Then at the next meeting the same THREE COUNCIL MEMBERS who voted for it, then turned around and voted against it. THAT’S PLAYING POLITICS. Stop misinformation and get the facts. Thank you!”

When reminded of the proposed ordinance in the city staff report for the Nov. 14, 2023 meeting and his arguments in favor of including enforcement against spectators, Hernandez-Thorpe was again asked if he will include it as written in the city staff’s proposed ordinance when he brings it back to council for another vote. The mayor was also asked if the ordinance will return to the agenda for next Tuesday night’s council meeting.

UPDATE 1: Thorpe responded, “The proposed ordinance or any discussion around it that came to council was based on my initial call for the new law. It was literally all over the news. Further, I said on several occasions that I didn’t bring an ordinance forward after my initial call for the ordinance because we were doing SO well on the proactive side. So, any ordinance or discussion that came back was based on my request not something that came out of thin air from staff.”

For clarification, the mayor was asked if he is now claiming that he wrote and provided the proposed ordinance to the city attorney and his office didn’t develop any of what was in the city staff report for the council discussion. Hernandez-Thorpe was also asked, again if it will be brought back for next Tuesday’s council meeting agenda and will it include a provision prohibiting spectators.

Please check back later for his responses or any other updates to this report.

Police seek suspect

By Lt. D. Bittner #3252, Antioch Police Investigations Bureau

On June 3, 2024, at approximately 6:00 PM, Antioch police officers responded to the 1100 block of Macaulay Street on the report of a shooting.

When officers arrived, they located a male near the sidewalk suffering from a gunshot wound. Officers immediately administered first-aid to the male, and he was ultimately transported to a local area hospital by paramedics where he was pronounced deceased. The male was later identified as 18-year-old Henry Granado II of Pittsburg.

The Antioch Police Department’s Investigations Bureau, consisting of Crime Scene Investigators and detectives with the Violent Crimes Unit took over the investigation. This is an active investigation, and no further information will be released at this time.

Any tips or other information can be directed to Antioch Police Detective Adam Duffy at (925) 779-6884 or by email mailto:aduffy@antiochca.gov.

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.