The post on the Antioch Library Facebook page Friday, Feb. 16, 2024.
Prewett Library in the Antioch Community Center remains open
UPDATE: “I am shocked…” – Hernandez-Thorpe in letter to county administrator
Library working to add additional security guard in parking lot, repair security fence
Closed “after repeated dangerous incidents over the last few months that have threatened the safety and security of patrons and staff.” – Brooke Converse, PIO, CCC Library
County Board of Supervisors consulted before closure; city manager informed Friday afternoon; acting police chief says no communication with library, not notified of closure until Friday night
By Allen D. Payton
According to a post on the Facebook page Friday afternoon, Feb. 16, 2024, the Antioch Library is closed until further notice but without explanation. In a Friday post on the Contra Costa County Library website the closure was announced and provided additional details. It reads:
Antioch Library Closed Until Further Notice
“Beginning Saturday, February 17, 2024, the Antioch Library will be closed until further notice.
The Contra Costa County Library has made this difficult decision after repeated dangerous incidents in the last few months that have threatened the safety and security of patrons and staff.
During the closure, the Library will be working to implement further security measures so we can reopen as soon as possible. These will take some time to complete, and we do not have an estimated date for reopening. We will continue to keep you updated on our progress.
HOLDS If you have questions about library materials on hold, please contact us.
RETURNS The book drop will be closed. Please return books to the Prewett Library, Pittsburg Library, or any other Contra Costa County Library. You may also hold onto your returns until after the Antioch Library reopens. The Library will automatically extend the due dates on your materials.
We apologize for the short notice and the inconvenience but the safety of our patrons and staff is a top priority.”
In addition, all Contra Costa County Libraries will be closed February 19 in observance of Presidents’ Day.
All five councilmembers were asked if they had been in contact with either the Antioch or county librarians about the situation. In addition, Acting Police Chief Joe Vigil and the APD media relations officers were asked what is being done to work with the library to increase safety. Finally, a spokesperson for the Contra Costa County Library was asked for more details on what is being done and if they will be hiring private security to supplement the Antioch Police efforts, since the department is currently depleted of active sworn officers.
UPDATE 1:Mayor Responds by Sending Letter to County Administrator, Says No One in City Informed
As mayor of the City of Antioch, I am writing to express my concern regarding the recent closure of the Antioch Branch of the Contra Costa County Library. To say that I am shocked at the overnight closure of the library is an understatement, given that at no point were Antioch residents given warning of this possibility.
I am even more concerned about the reasons for the Library’s closing, specifically safety concerns. According to our city administration, no one in the City of Antioch, including the police chief, was informed of any safety concerns by Contra Costa County regarding the library.
While I recognized that the County is responsible for the safety and security of the Antioch Library and not the city of Antioch, we would have been more than willing to work with the county regarding any safety concerns at the library, considering it serves so many Antioch residents.
In the past, when the County sought funding from the City of Antioch to increase the Library’s business hours and serve as a warming center, my colleagues and I were more than willing to support the County’s request.
On behalf of the 120,000+ residents of Antioch, I am asking that you work with the City of Antioch to find a resolution that works for our residents. Thank you in advance for your time.
Respectfully,
Lamar A. Hernandez-Thorpe”
Library Working to Add Additional Security Guard in Parking Lot, Repair Security Fence
In addition, Contra Costa County Library Public Information Officer Brooke Converse responded, “The Contra Costa County Library has made the difficult decision to close the Antioch Library after repeated dangerous incidents over the last few months that have threatened the safety and security of patrons and staff.
Only the Antioch Library on East 18th is closed. The Prewett Library at the Antioch Community Center remains open.
The Library is working to add an additional security guard who will be stationed in the parking lot of the building. There is already a security guard inside the Antioch Library every day it is open. The Library will also be working with Contra Costa Public Works to expedite the repair and reinforcement of the Library’s security fence and the replacement of its security camera system.
We currently have a security guard at the Antioch Library every day the library is open, but we will need to amend the contract to add an additional security guard to patrol the parking lot and grounds of the library.
The Antioch Library is county-owned and operated, and the County Board of Supervisors was consulted before the closure. We have communicated with the city about the announcement and will continue to keep the city apprised of the progress to reopen.
The decision to close a library never comes lightly and though we understand the closure impacts the community, we would encourage Antioch residents to visit the Prewett Library at the Antioch Community Center.”
Additional questions asking Converse for details on the incidents and if any of the Antioch officials were contacted prior to closing the library.
She responded, “Some of the types of incidents that led up to this decision include:
Theft and damage to patron and staff property
Repeated vandalism of library property including multiple incidents involving things being set on fire
Threats to staff and security
Drug activity and drug use in the library and on library property
Sexual intercourse inside and outside the library in full view of patrons and staff
Bullet casings on library property
The city manager was notified about the closure yesterday afternoon.”
Supervisors Federal Glover, whose district includes the location of the library, and Diane Burgis, who represents the other portion of Antioch, were asked if either of them or anyone at the county contacted the Antioch mayor, city manager or police chief before making the decision.
UPDATE 2: According to Contra Costa County Library PIO Brooke Converse,“The Antioch Library will reopen for regular hours of operation on Tuesday, February 20, 2024.” (See related article)
UPDATE 3: On Monday morning, Feb. 19, Acting Antioch Police Chief Joe Vigil responded, “We have had no communications with the library, and I was not notified of any issues until late Friday night.”
Please check back later for any additional updates to this report.
The seven new Antioch Police Oversight Commissioners (L-R) Porshe Taylor, Leslie May, Treva Hadden, Mahogany Spears, Alicia Dianne Lacey-Oha, Harry Thurston and Devin Williams were given their oaths of office by Deputy City Clerk Christina Garcia during the council meeting on Tuesday, Feb. 13, 2024. Video screenshot
7 members appointed, sworn in Tuesday night, presented during Wednesday ceremony; does not replace Police Crime Prevention Commission
“We’re creating an advisory, oversight board.” – Mayor Lamar Hernandez-Thorpe
“They did not need to form a new commission.” – former Police Crime Prevention Commission Chair Sandra White
Commissioners ran have criminal records
Former councilman says some commissioners biased toward police, shouldn’t be appointed
By Allen D. Payton
During their meeting on Tuesday, Feb. 13, 2024, the Antioch City Council on 3-0 votes appointed seven members to the new Police Oversight Commission. Mayor Pro Tem Monica Wilson and District 2 Councilman Mike Barbanica were absent. Because Antioch is a general-law city, the commission has limited authority and will only serve in an advisory role to the council. Each of the four councilmembers selected one commissioner from their respective districts. The other three were appointed by Mayor Lamar Hernandez-Thorpe, including one representing the faith community. One of the new commissioners, Harry Thurston had previously served as a member of the Police Crime Prevention Commission. (See 1:18:00 mark of meeting video)
Background
The mayor held a ceremonial oath of office re-enactment event the next morning which was attended by all seven commissioners and District 1 Councilwoman Tamisha Torres-Walker. In his announcement about the event, Hernandez-Thorpe shared in February 2021, he announced several police reform measures, including establishing the commission and claims it was “once an opposed concept, now a reality to assist in building trust between community and police department.” In his post about the event on his official Facebook page, he offered a “a special THANK YOU to all his colleagues on the Antioch City Council for actively participating in the selection process that included community members and the East County Branch of the NAACP.”
According to the City staff report for the May 10, 2022, council meeting, “City staff researched (1) police oversight commissions and boards in general law and charter cities; (2) the differences between police oversight commissions in general law cities and charter cities; and (3) solutions that can be achieved under each type of government within state and local laws and policies.
City staff…prepared an ordinance forming the Antioch Police Oversight Commission with the aim of strengthening trust, transparency, accountability, and police-community relations in the City of Antioch by ensuring that the Antioch Police Department’s policies, practices, and customs meet or exceed national standards of constitutional policing.”
The new commission was approved on a 3-1 vote with Barbanica opposing formation of the commission, saying he believed they should give Interim Police Chief Ford more time in his position and get input from him prior to the formation of this Commission. Ogorchock was absent for that meeting. (See 1:19:16 mark of the meeting video)
Commissioners Must Be Antioch Residents, Can Have Criminal Records
As previously reported, the adopted resolution also included details on membership of the commission:
(A) The Police Commission shall consist of seven (7) voting members appointed by the Mayor and confirmed by the City Council.
(B) All voting members of the Police Commission shall be residents of the City of Antioch.
(C) The Mayor and the City Council shall strive to appoint and confirm at least:
(a) one (1) representative from each of the four (4) councilmember voting districts of the City;
(b) one (1) representative of the Antioch faith-based community;
(c) one (1) representative of the Antioch business community; and
(d) one (1) employee or student of the Antioch Unified School District.
(D) No one shall be excluded from the Police Commission because he or she has a criminal record.
(E) The following shall not be eligible to serve as a Police Commissioner:
(a) current sworn police officer or his/her spouse;
(b) current City employee or his/her spouse;
(c) former Police Department sworn employee or his/her spouse; or
(d) current or former employee, official, or representative of an employee association representing sworn police officers or his/her spouse.
(F) Commissioners shall not be issued and shall not display, wear, or carry badges that so resemble a peace officer’s badge that an ordinary reasonable person would believe that Commissioners have the authority of a peace officer.
On May 24, 2022, the Antioch City Council, under Consent Calendar Item F., voted 3-1 to create the Police Commission, with District 3 Councilwoman Lori Ogorchock opposing without explaining her vote and Barbanica absent.
Ogorchock Explains Votes for Appointments
Asked why she voted for the appointments when she opposed the formation of the commission, Ogorchock said, “Because it was going to happen no matter what. The division has to stop some place. So, I wanted to ensure my district was well represented by an individual with an appropriate background and Mahogany Spears fills that. She was very qualified.”
“Claryssa Wilson and Deer Valley High Senior Class President Corey Hawkins helped me choose Mahogany,” The District 3 councilwoman continued. “We interviewed three candidates. Mahogany is overqualified for this.”
Had Ogorchock voted against the appointments, the agenda item and appointees would have had to return at a future council meeting when Wilson, who supported the commission’s formation was in attendance.
Purpose of Commission
According to the City staff report for the item on Tuesday’s council meeting agenda, the purpose of the Police Oversight Commission is as follows:
to strengthen trust, transparency, accountability, and police-community relations in the City of Antioch by ensuring that the Antioch Police Department’s policies, practices, and customs meet or exceed national standards of constitutional policing.
advise the City Council, City Manager, and Chief of Police on the administration of the Antioch Police Department and on policy matters concerning public safety within the City of Antioch.
facilitate community participation and oversight by reviewing and recommending policies, procedures, practices, and programs designed to result in community policing that is effective, responsive, and sensitive to the diverse needs of the residents of the City.
promote and encourage open communication and cooperation between the Antioch Police Department and residents of the City, recognizing that policing the City of Antioch is a shared responsibility.
develop, review, and make policy recommendations aimed at informing the community of its rights and responsibilities when interacting with police officers.”
Public Speaker Says Some Commissioners Biased Against Police
During public comments on the appointment votes, former Antioch Councilman Ralph Hernandez, who is also a former Pittsburg Police Officer, said the commissioners, “could muddle the waters and cause problems for the community. Some of those you have proposed to appoint, have come up here many council times and criticized the police. They wanted them fired. They wanted them defunded. They already have a predisposition against the police. That is not what you want any commission to be. They have to be honest and open-minded not attack the police just because.” (See 1:26:00 mark of council meeting video)
Hernandez then spoke specifically against the appointment of Devin Williams. Ogorchock responded to those comments saying, “I just want to say one thing to all the individuals being appointed, tonight. I do not believe that you’re coming into this with a predisposed notion of making certain changes without hearing all the facts before you, each time it comes to you. I think you will have an open mind. You will listen to the public and you will do the public’s work, just as this council does. So, I hope and pray, and I believe in my heart that’s how this commission is going to act.”
She then moved approval of Williams’ appointment.
Limited Authority in General Law City
Unlike charter cities such as San Francisco, which has a Police Commission that oversees the San Francisco Police Department and the Department of Police Accountability, and “sets policy…conducts disciplinary hearings on charges of police misconduct…imposes discipline as needed and hears officer appeals from discipline imposed by the Chief of Police,” Antioch is a General Law city. Thus, the new commission has limited oversight power of the police department and does not have the authority to conduct matters such as the SF Police Commission can.
During the May 10, 2022, meeting in explaining the new commission’s role, Hernandez-Thorpe spoke of the police commissions in San Francisco as well as in Oakland, for which City Attorney Thomas L. Smith served as chair, “that actually have power. The Oakland oversight board had the power to fire the chief of police. And so that’s not what we’re creating, here today. We’re creating an advisory, oversight board.”
According to the meeting Minutes for the agenda item (#6), “any recommendations or policies would have to be codified by the City Council.”
Former Commission Chair Says New Commission Unnecessary
Asked if the Police Crime Prevention Commission could have handled the responsibilities of the new commission, former Chair Sandra White said, “Yes. If the mayor and the city council would have wanted. But they would have had to vote on that. They did not need to form a new commission. Our goal was to bring forth Neighborhood Watch meetings. But it was independent of whatever the police department was doing.”
UPDATE: Hernandez-Thorpe later shared, “The police oversight commission was not created to replace crime prevention commission. Crime prevention still exists and is under review in terms of purpose and scope of work.”
However, the commission has not held a meeting since Sept. 2021. A note on the Boards and Commissions page of the City’s website beneath the Police Crime Prevention Commission reads, “On April 11th, 2023, the Antioch City Council created an Ad Hoc Committee to define the purpose and structure of the PCPC. Please check back at a future date for more details.“
“It still exists,” the mayor reiterated. “We had a meeting about it a few months ago specifically working on its purpose. I put a pause on appointing new commissioners until the work group came back to council with their recommendations.”
Seven Appointees & Backgrounds
According to the City staff report: Because this is the initial appointment of commissioners, all seven members are vacant. The City Council shall strive to appoint the members as follows: One member representative from each of the four councilmember districts; one member representative of the Antioch faith-based community; one member representative of the Antioch business community; and one member representative that is an employee or student of the Antioch Unified School District.
Two commissioners will have one-year terms; two commissioners will have two-years terms; and three commissioners will have three-year terms.
Hernandez-Thorpe nominated, and the council approved the appointment of the following Antioch citizens to the Police Commission: (click on names for backgrounds)
Neighborhood Watch Not Part of New Commission’s Responsibilities
White was also asked if Thurston, as the only former member of the previous commission, ever suggested taking on any of the responsibilities of the new commission she said, “No. He always said, ‘police business is completely separate than the commission business’.”
When reached for comment Thurston was asked the same question. He said, “when I was there, that commission was solely based off of Neighborhood Watch. It was outside of that commission to talk about oversight. Our role was to work with the public on crime prevention. It was not there to monitor the police. The chief was very strict about.”
“That role is a very valid one that works directly with the public to help prevent crime from happening to them,” Thurston added.
Asked if the new commission will continue to work with Neighborhood Watch he said, “We’ll be involved with that to some extent, to collect citizen opinion, so we can include that in our oversight responsibility. But I don’t think we will be involved in the Neighborhood Watch program. We might be going to the August Night Outs.”
“So, we will interact with the community. We’ll probably hold town hall meetings,” Thurston continued. “We want people to attend meetings so the public will have a say in the policing of their city. We want to make sure we have citizen input for everything we do.”
Asked who will be the liaison for the police department, Thurston said, “The police chief will be involved with the commission. He will be a key partner with us. He will be interacting with the commission as far as I anticipate.”
Powers & Duties of Commission
The new commissioner then shared from the ordinance adopted by the city council forming the commission, in Section 4-3.110 Powers and Duties, subsection “(E) Require the Chief of Police to submit an annual report to the Police Commission regarding such matters as the Police Commission shall require” and from subsection “(F) Report at least once a year to the Mayor, the City Council, and to the public to the extent permissible by law, the information contained in the Chief’s report in addition to such other matters as are relevant to the functions and duties of the Police Commission.”
Thurston also shared under Section 4-3.110 Public Reports, subsection “(B) The Police Commission shall provide annual public reports to City Council, City Manager, and City Attorney on the Police Department’s progress on Police Commission recommendations and other updates relevant to the mission of the Police Commission.”
Organizing Meeting in March
Asked when the first commission meeting will be held, where and how often Thurston said, “The only word I have is we’re going to get together in March. We will have to identify a chair and vice chair, and the administrative details.”
The Antioch Department will be out Monday, February 19, 2024, from 6PM to 12AM looking for drivers suspected of driving under the influence (DUI).
“Impaired driving is preventable,” said Sergeant Rob Green. “It’s a choice. If you’ve been drinking or taken drugs that impair, make the right choice by finding a sober driver or alternate transportation to take you places.”
The Antioch Police Department reminds the public that impaired driving is not just from alcohol. Some prescription medications and over-the-counter drugs may interfere with driving. Always follow directions for use and read warning labels about driving. While medicinal and recreational marijuana are legal, driving under the influence of marijuana is illegal.
Drivers caught driving impaired and charged with a first-time DUI face an average of $13,500 in fines and penalties, as well as a suspended license.
Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.
New Antioch Police Officers Justin Talavera, Marcos Molina, Shirley Lara and Travis Donaldson were sworn in on Tues., Feb. 13, 2024. Photo by Allen D. Payton
Two laterals, two recent academy grads; brings force to 85 sworn officers
By Allen D. Payton
The Antioch Police Department increased by four sworn officers during an oath of office ceremony in the Police Facility’s Community Room on Tuesday, Feb. 13, 2024. Acting Chief Joe Vigil administered the oath to Officers Shirley Lara, Marcos Molina, Travis Donaldson and Justin Talavera,
As previously reported, Donaldson and Talavera recently graduated from the Alameda County Sheriff’s Office Regional Training Center. Lara said she is a lateral hire from BART and Molina said he transferred from the Santa Clara County Sheriff’s Department.
Vigil offered the following remarks about each of the four officers:
Shirley Lara- Lateral Police Officer
Shirley was born and raised in Richmond, CA and graduated from Leadership Public High school in 2010. Years later, she graduated from the Contra Costa County Police Academy in 2021 and moved to Antioch in 2014 and is currently still living here with her two children. On her down time, she loves to garden, exercise, and explore different restaurants around the Bay Area.
Fun fact: Shirley used to be in a Regional Mexican band.
Marcos Molina- Lateral Police Officer
Marcos was born and raised in Redwood City, CA. He enlisted in the Army in 2011 and spent 6 years as a combat engineer. He graduated from College of San Mateo with a degree in Administration of Justice. He then began his career in CDCR assigned to San Quentin State Prison. He then worked at the Santa Clara County Sheriff’s Office and was assigned to the custody and courts division.
Fun fact: Marcos likes to spend time with his kids.
Travis Donaldson- Police Officer Trainee
Travis currently lives in Vacaville. He’s been married for 10 years but has been with his wife for 22 years. He has a 19-year-old son and a 9-year-old boxer. During his free time, he enjoys volunteering at the Performing Arts Theatre in Fairfield. Before joining Law Enforcement, he spent the last 23 years as a co- owner of a successful flooring business with his brother. Travis feels extremely honored and grateful for the opportunity to become part of APD!
Fun fact: Travis was delivered by his father at a home in Pleasant Hill.
Justin Talavera- Police Officer Trainee
Justin was born in Bronx, NY. He was raised in Antioch and attended Deer Valley High school where he played baseball. After graduating from Deer Valley, he attended San Francisco State where he received a bachelor’s in criminal justice. Prior to becoming a trainee, he worked as a barista and a server. During his free time, he enjoys working out, cooking, playing golf and trying new restaurants around the Bay Area. Justin feels blessed to work in the city he calls home for the past 20 years.
Fun fact: Justin knows a thing or two about cooking, bring him some fresh ingredients and he can cook up something tasty!
Mayor Congratulates New Officers
A Feb. 15, 2024, post on the mayor’s official Facebook page reads, “On Tuesday, Mayor Hernandez-Thorpe was proud to welcome newly appointed Antioch Police Officers Lara, Molina, Talavera, and Donaldson.
They will spend the next few months in field training under the direct supervision of a field training office (FTO). Three of them either grew up and/or live in Antioch. Two are fluent in Spanish, which is critical given Antioch’s large Spanish speaking population. Another is fluent in Tagalog (Filipino). Antioch’s AAPI community continues to grow currently at 15%. The growth is being led by Filipino Americans.
Since the passing of the mayor’s hiring incentive program, Antioch has hired 16 new officers. In addition, there are four police candidates heading to the Academy and will join the Antioch Police Department in May.
Antioch looks forward to continuing to build a police department that’s a reflection of the communities the police department serves. Congratulations to the City’s newest police officers.”
The addition of the four officers brings the total sworn on the force to 85 of 115 budgeted.
Cutline: New Antioch Police Officers Justin Talavera, Marcos Molina, Shirley Lara and Travis Donaldson were sworn in on Tues., Feb. 13, 2024. Photo by Allen D. Payton
“Let’s get the hearings done and…these guys back to work.” – APOA attorney Mike Rains
By Allen D. Payton
An investigation begun last March into the racist texts sent or received by at least two dozen Antioch Police Officers, with them being placed on paid administrative leave, is still not completed. That has left the department severely depleted from the 115 sworn officers authorized in the budget but only 81 on the force, not including the four new officers to be sworn in next Tuesday. Of that figure, 31 sworn officers are currently on some form of leave resulting in 50 actively working as of Wednesday, Feb. 7, 2024.
As previously reported, most of the officers caught up in the scandal only received some of the text messages but didn’t send any. (See related articles here and here)
Questions about the situation were sent on Wednesday, January 31, 2024, to City Attorney Thomas L. Smith, Acting Chief Joe Vigil, APD media relations officers and the Vice President of the Antioch Police Officers Association (APOA) Sgt. Loren Bledsoe. They were asked, “Is the investigation of the officers on paid leave in the text scandal completed, yet? If not, when will it be completed” and “have they all been interviewed, yet? If not, when will they be interviewed, how many have been interviewed, to date and how many officers still need to be interviewed?”
They were also asked, when will the officers who merely received but didn’t send any texts be put back to work, have any of them yet and if so, how many.
Vigil was specifically asked, “How many of the sworn officers on the Antioch Police force are currently active?”
The questions were turned over to the records division as a Public Records Act (PRA) request which allows government agencies in California up to 10 business days to respond. On Wednesday, February 7, Police Records Supervisor Amanda Nelson responded, “We currently have 85 officers on our roster, to include active duty and those on some sort of leave.” But she did not provide answers to the other questions.
Vigil shared that four new officers, included in that figure, will be sworn in next Tuesday, Feb. 13 and Lt. Mike Mellone responded, “We have 31 officers on some type of leave (including both administrative and medical leave).”
But no response was received about the current status of the investigation from City Attorney Smith
UPDATE:APOA Attorney Says “Let’s Get These Guys Back to Work”
However, APOA attorney Mike Rains, who was also asked some of the same questions did respond.
“I think all the officers have been interviewed who are on leave, some once, some twice,” he stated. “I think all of the officers remain on administrative leave.”
“Some have now been fired or left because of the criminal case. But there aren’t many of them,” he continued.
Asked how many of the officers his office represents Rains said, “We represent at least 16. I’ve tried to be in constant communication with the City to try to get them to be put back to work. These guys didn’t do anything wrong. If the department thinks they did, they didn’t do anything they deserve to get fired for.”
“In many cases the investigators have said there’s no violation of policy. But the City is not obligated to follow any recommendations of the investigators although they paid them a lot of money,” the attorney shared.
Asked if he knows when the investigation will be completed, Rains responded, “I don’t know how much longer it’s going to take. I keep telling them, ‘let’s get the hearings done and let’s get these guys back to work’.”
APOA VP Responds
APOA V.P. Bledsoe commented on the situation writing, “The APOA looks forward to the conclusion of this investigation, so we can focus on rebuilding the public’s trust. The department has been faced with unprecedented staffing shortages, resulting in unsafe working conditions for officers and unacceptable response times for the public. We hope that this investigation resolves soon so we can get back to providing the best possible police services to the citizens of Antioch.”
City Required to Follow State’s Hearing Disciplinary Process
As previously reported, the City is required to follow the state’s Skelly Hearing Disciplinary Process and the council members, in spite of Mayor Lamar Hernandez-Thorpe and Councilwoman Tamisha Torres-Walker both calling for all the officers under investigation to be fired.
The Skelly Hearing process which is like a Bill of Rights for city employees in California. According to the California Department of Human Resources’ Supervisors Guide to Addressing Poor Performance, the “Skelly Hearing is the name of the hearing the employee can ask for before the adverse action becomes effective to ensure no mistakes have been made by the department in taking the action. This hearing is a short, more informal due process-review of the department’s case and the employee’s defense. It is called a Skelly Hearing because the requirement was established through a court case entitled Skelly v .SPB.”
According to unlocklegal.com, “a Skelly hearing is better described as a pre-disciplinary due process meeting. This procedural meeting ensures that when an employee is facing disciplinary action, the accused employee is informed of the allegations, has an opportunity to refute the allegations, and has an opportunity to mitigate the allegations or rehabilitate their standing with their employer before any actual disciplinary action. It is a preliminary meeting that must take place in the case of an employee’s termination, demotion, suspension, reduction in pay, or transfer with an accompanying loss in pay.”
The city manager serves as the City’s Skelly Officer. The hiring and firing of all city employees starts and ends with the city manager who signs the papers for each staff member.
The city council as a whole or as individuals have no say in the process of determining which city workers, including police officers, will remain employed or be terminated. The Antioch City Council currently only has the authority to hire and fire the city manager and city attorney.
Police seek all three unknown males, public’s help
By Lieutenant D. Bittner #3252, Antioch Police Community Policing Bureau
On Tuesday, Feb. 6, 2024, at 6:50 p.m., Antioch Police officers were dispatched to E. 18th Street and Hillcrest Avenue for multiple callers reporting gun shots followed by a vehicle collision with injuries. It was determined that two unknown males assaulted another male in a nearby parking lot. As the two initial assailants retreated to their vehicle, the assault victim retrieved a handgun and fired multiple gunshots at the vehicle as it was leaving the parking lot.
The vehicle performed a U-turn against a red light at the above intersection while fleeing from the gunfire and collided with an uninvolved vehicle traveling east on E. 18th Street. The occupants of the vehicle being shot at fled on foot after the collision and were not located. The shooter fled the scene in a vehicle and was not located. The driver of the uninvolved vehicle was transported to an area hospital with complaints of pain.
Anyone with information is asked to call the Antioch Police Department non-emergency line at (925) 778-2441.
Screenshot of Antioch Police Officer Shawn Marques’ body cam of chase and shooting of Daniel Mackin shooting on Oct. 1, 2023. Source: Contra Costa DA’s Office
“He’s reaching. He’s reaching. Drop the gun.” – Officer Thomas Borg’s statements and command to Daniel Mackin
Suspect’s next court appearance tomorrow morning, Feb. 6
By Allen D. Payton
Following two Public Records Act (PRA) requests of the Antioch Police Department which were denied, and a PRA request of the Contra Costa District Attorney’s Office, the latter released body cam video footage of Antioch Police Officers Thomas Borg and Shawn Marques to the Herald, last week, showing the Oct. 1, 2023, shooting of Daniel Jackson Mackin, as he ran from them and two other officers in the 200 block of W. 3rd Street. That followed the release of the videos for a report by the East Bay Times the previous week. Officers claim Mackin, who was wanted for homicide, pointed a gun at them.
The other two officers who also shot at Mackin were previously identified as Kyle Armstrong and Dustin Dibble. Armstrong was given his oath of office just four days prior.
Lt. Rick Martin of the Investigations Bureau initially reported, “Inside the vehicle officers located a male subject who was in possession of a firearm. Officers gave commands to the subject who refused to comply with orders given. The subject attempted to flee in the vehicle but was unsuccessful. The subject abandoned the vehicle and fled on foot with the firearm in hand.”
Antioch Police had previously released screenshots of the body cam footage showing Mackin with a gun in his hand. His family claimed Mackin did not fire his gun and was shot in the back nine times. But that has not been confirmed by APD.
Screenshot of Antioch Police Officer Thomas Borg’s body cam of chase and shooting of Daniel Mackin shooting on Oct. 1, 2023. Source: Contra Costa DA’s Office
Details of Body Cam Video Footage
In the video from Borg’s body cam, he can be heard saying “Stop the car” as Macking was revving the engine to the van he was driving. After Mackin exited the van, at the 5:56 mark Marques could be heard yelling, “He’s reaching. He’s reaching” before the chase ensued. He can then be heard yelling at Mackin, “Drop the gun”.
In the video from Marques’ body cam, he can be heard yelling at Mackin, “Get your hands up” followed by the sound of multiple gunshots. Another officer could be heard saying, “Get on the f—ing ground”. Marques could also be heard shouting commands at his K-9, who participated in the chase, including, “Off, off” multiple times following the shooting. (See Borg video and Marques video. WARNING: Videos contain violence and profanity that may not be suitable for children and some viewers)
Mackin Wanted for Homicide
As previously reported, Mackin had a warrant for his arrest for homicide which occurred earlier last year. APD reported on Oct. 20 that an Antioch Community Service Officer located two vehicles parked in a carport in the 200 block of West 3rd Street. Both vehicles were suspected of being involved in a recent burglary within the City of Antioch. One of the vehicles was determined to be stolen. Officers Dibble and Officer Marques arrived a short time later to assist the CSO. Officer Marques peered into the van and noticed a male subject (Mackin) asleep inside with a gun close by his hands. The officers backed away and requested additional units to the scene.
As officers arrived, Mackin awoke and began moving within the vehicle. Officers gave commands and Mackin did not comply. Mackin started the vehicle and proceeded to drive towards the officers and exit the carport. The vehicle became disabled and was high centered on a grassy berm. With Mackin still in the driver’s seat, Officers on scene tried to de-escalate the situation by giving loud and clear commands. Ultimately, Mackin opened the side passenger doors to the van and fled on foot with the gun in his hand.
All four officers followed south on the A Street extension from West 3rd Street. While running, Mackin turned toward the officers, pointing the handgun in their direction. Fearing their safety and the safety of the public, the officers fired their duty weapons, striking Mackin several times. Officers immediately began rendering first aid and Mackin was transported to a local hospital to be treated for his injuries and is expected to survive. No officers or other members of the community were injured during this incident. Officers involved were temporarily placed on routine, paid Administrative Leave.
A screenshot of Officer Marques’ bodycam video footage shows Mackin on the ground and placed in handcuffs on W. 2nd Street. Source: Contra Costa DA’s Office
Once Mackin was positively identified, records check revealed Mackin was on Post Release Community Supervision (PRCS) for a felony conviction. Mackin also had a Ramey warrant for his arrest for his involvement in a homicide. Mackin was later booked into Martinez Detention Facility on the following charges:
Ramey Warrant – 187 PC homicide / 211 PC robbery
245 (c) PC – Assault with a deadly weapon on a Peace Officer
29800 PC – Felon in possession of a firearm
496 (d) PC – Receiving a stolen vehicle
148 (a)(1) PC – Resisting arrest
On Oct. 23, Blair Mackin posted a video of the shooting on the Antioch Herald Facebook page below the post of the article about it. It shows Mackin running away and the sound of gunfire then officers firing their weapons. But part of the exchange is obscured by trees and the last half Mackin isn’t in view.
Then civil rights attorney Melissa Nord posted the video on her Twitter/X feed, that same day, as did Henry Lee of KTVU. Nold wrote with her post, “It sure looks like Daniel Mackin is just running away when Antioch PD shot him in the back 7x. In this bystander video I don’t see him turn around or point a gun at officers like the press release claims, I see him trying to outrun a K9. Facts matters. Transparency matters.”
When reached for comment, Nord said, while she’s not representing Mackin, she might if a civil rights lawsuit is filed.
APD responded to the video writing, “This video footage was not provided to the Antioch Police Department and is from an unknown source. Due to the angle and perspective at which the video was recorded, it does not depict everything that occurred. A cell phone video recorded by a civilian of a police incident may present a limited perspective, failing to capture all angles and the entirety of the incident, potentially leading to a lack of context and incomplete information. This can hinder a comprehensive understanding of the situation and may contribute to misinterpretation or incomplete narratives.”
Lt. Michael Mellone and others within APD were asked to confirm the family’s claim that Mackin did not fire his weapon, who shot first and how many shots were fired. They did not respond.
APD also shared still video screenshots from the officers’ body cam footage showing a gun in Mackin’s hand.
Public Records Act Requests, APD Denies, CCDA’s Office Partially Fulfills
A California Public Records Act request for the body cam video footage of all officers involved was first submitted to the Antioch Police Department on Oct. 21, 2023. A second request for the footage was submitted to APD on December 5, 2023.
They responded, “This letter provides a further response to your 12/5/23 California Public Records Act (‘CPRA’) request received by the City of Antioch (‘City’) seeking records of body-cam footage for police-involved shooting on October 1, 2023, involving Daniel Mackin. (releasable under SB 1421 and AB 748 – Penal Code Sections 832.7 and 832.8).
This correspondence stands as the 60-day required notice, pursuant to Penal Code Section 832.7, for the City of Antioch Police Department report number 23-7441. The investigation for 23-7441 is not releasable at this time as the release of such could reasonably be expected to interfere with the investigation. I or another City representative will provide you with additional correspondence regarding this investigation on or before 2/1/24.”
A third, non-PRA request was made of Acting Chief Joe Vigil, Mellone and Sgt. Price Kendall on Jan. 22, 2024, also asking, “why was the officer covering his camera with his hand? Are the officers instructed to not do that, so the video isn’t blocked?”
A PRA request was also submitted to the Contra Costa DA’s office that same day.
Vigil later responded, “I believe the release did not come from us” but did not answer the other questions.
On Wednesday, Jan. 31, Deputy District Attorney Sophea Nop provided the two videos previously released to the Times.
On Feb. 1, 2024, APD Records Supervisor Amanda Nelson responded:
“This letter provides a further response to your 12/5/23 California Public Records Act (“CPRA”) request received by the City of Antioch (“City”) seeking records of body-cam footage for police-involved shooting on October 1, 2023 involving Daniel Mackin. (releasable under SB 1421 and AB 748 – Penal Code Sections 832.7 and 832.8).
The investigation for 23-7441 is not releasable at this time as the release of such could reasonably be expected to interfere with the investigation. I or another City representative will provide you with additional correspondence regarding this investigation on or before 3/1/24.”
The videos from body cam footage of Officers Armstrong and Dibble have not yet been released.
Mackin’s Next Court Appearance Feb. 6
According to the Contra Costa Sheriff’s Office, the six-foot, 240-lb. Mackin’s next court appearance is scheduled for tomorrow, Tuesday, Feb. 6, 2024, at 8:00 a.m. in Contra Costa Superior Court Department 08.
Surveillance camera video screenshots of shooting suspect. Source: Antioch Police
Near Sycamore Square
By Lt. Rick Martin, Antioch Police Investigations Bureau
The Antioch Police Department needs your assistance identifying this individual who is a person of interest related to a recent shooting on January 3, 2024, at 8:37 p.m. in the 1000 block of Sycamore Drive near the Sycamore Square shopping center.
If you have any information that could identify this individual or his whereabouts, please contact Detective Duffy at 925-779-6884 or aduffy@antiochca.gov.
