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.

Almost $1,700 of merchandise

By Antioch Police Department

Antioch police officers target would-be thieves in the Target store at 5769 Lone Tree Way. On May 9th, Officer Lara and worked with Loss Prevention Officers to arrest a man who has shoplifted several times from the store. The man stole video games and other merchandise worth nearly $1,000. Later that day, Officer Carpenter stopped another individual attempting to leave the store with more than $700 worth of merchandise.

We are proud of the collaboration between our officers and Loss Prevention to deter shoplifters. Would you like to join Officers Lara and Carpenter in keeping Antioch safe? Visit joinantiochpd.com to learn about our excellent pay, benefits, and hiring incentives. Together, we can make a difference.

Case at the center of Racial Justice Act Violations from police text messages

Defendants receive sentences of 13 years, 8 months to 20 years in prison

By Ted Asregadoo, PIO, Contra Costa District Attorney’s Office

Martinez, California – On May 6th, the Contra Costa District Attorney’s Office reached a resolution in the 2021 murder of Arnold Marcel Hawkins and the attempted murder of Aaron Patterson. This murder was a seminal case in Contra Costa County regarding the California Racial Justice Act.

The defendants, 23-year-old Terryonn Deshawn Pugh, 25-year-old Eric James Windom, 25-year-old Keyshawn Malik McGee, and 23-year-old Trent Allen, were charged by the Contra Costa District Attorney’s Office on a six-count felony complaint with enhancements in November 2021 (People v. Pugh, Windom, McGee, and Allen).

On March 9th, 2021, the four defendants engaged in a shooting in the City of Antioch wherein they discharged firearms at a vehicle in a residential neighborhood. The barrage of bullets killed Arnold Hawkins and injured another person. (See related article)

As previously reported, on March 31, 2021, Windom was arrested in Merced, and McGee was arrested in Los Angeles, for the attempted murder and drive-by shooting perpetrated on Aspen Way in Antioch.

Later that morning, in Antioch, a fugitive apprehension team consisting of the Antioch Problem Oriented Policing Team and undercover detectives, attempted to contact Trent Allen as a passenger in a vehicle. Allen fled on-foot through a business parking lot and was chased through a residential neighborhood. The fugitive apprehension team caught Allen and took him into custody for his role in the attempted murder and drive-by shooting on Aspen Way.  

Later the same day, the Antioch fugitive apprehension team located Terryonn and Armonie Pugh, both parolees-at-large, hiding out in an apartment complex in American Canyon, between Vallejo and Napa. With the assistance of American Canyon PD, and the Napa County Sheriff’s Office, Terryonn Pugh was taken into custody as he tried to flee to a waiting vehicle. Armonie Pugh was taken into custody, without incident, pursuant to a search warrant for the location.  During the search, a firearm and a large amount of cash were seized.  Terryonn Pugh was additionally arrested for the attempted murder at the Lone Tree Way gas station, and for his part in the attempted murder and drive-by shooting on Aspen Way. (See related article)

Also, as previously reported, the four were part of the arrests of 48 gang members and associates during a complex, six-month investigation involving 24 agencies, for murder, attempted murder and illegal guns. The effort removed 40 firearms, including 15 “ghost guns” off the streets and over $100,000 in cash. (See related article)

Unrelated to the shooting that killed Arnold Hawkins, a joint District Attorney’s Office/FBI investigation was initiated into allegations of police misconduct by officers in the Antioch and Pittsburg Police Departments. During that separate investigation in early 2023, investigators found a trove of racist text messages exchanged by Antioch police officers. These messages revealed that while investigating the murder suspects that took the life of Arnold Hawkins, the officers were sending and receiving messages about the murder suspects that included racist slurs, images, and written descriptions. The text messages violated the California Racial Justice Act (RJA) — a law that prohibits bias, animus, and racially discriminatory language based on race, ethnicity, or national origin in charges, convictions, and sentences. (See related articles here and here)

In March 2023, the District Attorney’s Office notified the court and the defense bar of the potential RJA violations as it related to open and adjudicated cases. Moreover, as part of the discovery process, the District Attorney’s Office disclosed investigative reports detailing incidents of racial bias and animus in the text messages sent and received by some members of the Antioch Police Department. (See related article)

Having already filed a motion challenging disproportionate filings in murder cases under the RJA, the defendants filed a second challenge predicated upon the racial bias exhibited by the Antioch police officers investigating the murder case. After multiple hearings, the court dismissed the special circumstance allegations, as well as the gang and firearm enhancements on February 5th, 2024. The case was set for trial when a resolution was reached between the District Attorney’s Office and the defendants.

In resolving the case, the four defendants have entered pleas of no contest to the following:

Terryonn Pugh: No contest on two counts of attempted murder and voluntary manslaughter – with an additional punishment for the use of a firearm. He will be sentenced in Martinez on May 8th, 2024, to 20 years in state prison.

Eric Windom: No contest on one count of attempted murder and voluntary manslaughter — with an additional punishment for the use of a firearm. He will also serve a concurrent term for a robbery that is unrelated to this case. Windom will be sentenced in Martinez on May 8th, 2024, to 19 years in state prison.

Trent Allen: No contest on one count of attempted murder and voluntary manslaughter — with an additional punishment for the use of a firearm. He will also serve a concurrent term for an unrelated robbery. Allen will be sentenced in Martinez on May 10th, 2024, to 19 years in state prison.

Keyshawn McGee: No contest on one count of attempted murder and voluntary manslaughter — with an additional punishment for the use of a firearm in both the murder and voluntary manslaughter charges. McGee will be sentenced in Martinez on May 10th, 2024, to 13 years, 8 months in state prison.

“Seeking justice for these serious offenses was complicated by violations to the Racial Justice Act,” said District Attorney Diana Becton. These lengthy prison sentences ensure accountability and promote community safety. Hopefully, the outcome will help to heal the loss the victims and survivors experienced.”

Case No. 01001976380 | The People of the State of California v. Pugh, Windom, McGee, and Allen

Allen D. Payton contributed to this report.

While speeding on Balfour Road; bonded out of custody; police seek witnesses

By Lt. Miguel Aguiar, Brentwood Police Department

On April 30, 2024, at around 9:26 PM, Brentwood officers responded to the report of a traffic collision involving multiple vehicles on westbound Balfour Road at McViking Way, between the two shopping centers along Fairview Way. Preliminary investigation revealed, the driver of a Chevy Silverado, identified as Zachary Alan Frances Rau, a 26-year-old male from Antioch, was reportedly driving at a high rate of speed, westbound Balfour Road before colliding with a Toyota RAV-4, driven by a 31-year-old male from Brentwood. The Toyota then collided with a Honda HR-V, driven by a 37-year-old male from Brentwood.

A passenger in Rau’s vehicle, a 26-year-old male from Antioch, sustained serious injuries and was transported to a local hospital for treatment and is expected to survive.

The driver of the Toyota RAV-4 was unconscious and unresponsive when officers arrived on scene. He sustained major injuries and required extrication from the vehicle before being airlifted to a local hospital, where he is being treated for his injuries and remains unstable.

The driver of the Honda HR-V was not injured.

Rau was treated a local hospital for minor injuries and subsequently arrested and booked at the Martinez Detention Facility for suspicion of driving under the influence of alcohol, causing injury.

The names of all others involved, and any additional information are being withheld at this time and the investigation is ongoing.

According to the Contra Costa County Sheriff’s Office, Rau is white and as of 12:30 p.m. on Thursday, May 1, he had bonded out of custody.

Anyone with further information or if you witnessed the collision and have not already been interviewed, please contact the Brentwood Police Department Traffic Safety Unit at (925) 634-6911.

Allen D. Payton contributed to this report.

Victims asked residents if they could enter their homes but were refused

“There was blood all over the place.”

APD UPDATE: No evidence of a drive-by, shooters were on foot; at least two others had non-life-threatening gunshot wounds

By Allen D. Payton

A resident who lives on Prewett Ranch Drive shared what he witnessed and learned from neighbors during and following what was initially reported by Antioch Police as a drive-by shooting that wounded a woman in Antioch late Tuesday night. It ended in a gun battle between people in several cars and a car crashed on another neighbor’s lawn.

“The people who live at the house where the drive-by occurred left the house, engaged in a gun battle at Oneida and Prewett Ranch,” stated the neighbor who chose to remain anonymous. “I saw it on a neighbor’s surveillance video.”

“It shows two vehicles, a silver and a black, both sedans, leaving the house where the drive-by happened, after the drive-by,” he continued. “They got to the corner and the silver vehicle, as it proceeds around the corner it was engaged in a gun battle with a third vehicle – that you couldn’t make out what it was – that was going the opposite direction, westbound on Prewett toward the (Diablo Vista) elementary school on the corner.”

“I live on Prewett. At some point after I heard the gunfire, we heard a crash. I think it was the (unidentified) vehicle involved in the gun battle. Because the black sedan cut off the third vehicle involved in the gun battle. It crashed onto the lawn of another home on Prewett (in the 5100 block). Those people bailed out of the car claiming they’d been shot, males and females. I know this because I spoke with the residents of that home and neighbors.

“The residents could see the people were injured badly because there was blood all over the place. They asked if they could come in, but the residents closed the door.

“The vehicle’s occupants went to the house next door, banged on his door, he sees they’ve been shot, but he’s not letting anybody in.

“Police recovered a gun from underneath that guy’s truck in front of his house.

“There were 15 people at the house where the drive-by occurred. There were four cars. There were people running across the next-door neighbor’s lawn, checking out the house, making sure people were home, is my guess, then they went back and got into the cars then drove by and shot up the house.

“The silver and black sedans were parked in front of the house when the drive-by occurred. Then the residents ran out, got it in the cars and drove off. I can’t tell you how many people got it. The video I saw shows a few people going back and forth between the cars.

“That same, third car was coming back, and the black sedan forced it off the road and into the yard. The black sedan ran into garbage cans and ended up on the sidewalk across the street. Everybody in that vehicle, there were six to seven, I saw them, they bailed from that vehicle and ran. But they only hid across the street between parked cars and homes.

“The neighbors had floodlights and they were running back and forth to the car, trying to start it. Then they drove off and parked on the corner of Candlewood and Prewett, near Chaparral Park, waiting for the others to catch up and get in the car. Then they drove off.”

“The people who got shot up in that car, they got picked up by people in two other cars.

“There was a total of, easily six cars involved. There were four cars involved in the drive-by the neighbor told me.”

“Neighbors have been complaining about that house where the drive-by occurred for about two years. Antioch Police have been to that house before. Code Enforcement has been to that house. The owner lives in Antioch but won’t return the neighbors’ calls.”

“The house is Section 8, definitely,” he added.

Asked about what the neighbor shared regarding the house where the drive-by shooting occurred, Interim Police Chief Brian Addington said, “Yes, Antioch PD has had some calls about this house in the past.”

Asked about the gun battle and crash he stated, “We’re not going to share any additional information as it’s an open investigation. But we have some promising leads we’re following up on.”

APD UPDATE: Not a Drive-By, Shooters Were on Foot; At Least Two Others Had Non-Life-Threatening Gunshot Wounds

Later, in response to what the neighbor shared and a request for any additional details of the gun battle, Antioch Police Detective John Cox of the Investigations Bureau Violent Crime Unit-Robbery/Homicide offered additional information.

He wrote, “We are still sorting through surveillance video, speaking with witnesses, and identifying who was at the scene during the shooting. I cannot confirm how many people or vehicles were involved. The evidence so far indicates the people involved in the shooting were on foot, not shooting from their vehicles.

I can confirm at least one vehicle was involved in a collision after the shooting occurred. We have located two other victims, one male and one female, who sought treatment for non-life-threatening gunshot wounds at an outside area hospital.

We are still asking for any witnesses or any residents with surveillance video who have not been contacted by police already, to contact me” at (925) 779-6866 or email: jcox@antiochca.gov.

However, what he shared contradicted the press release from APD about the incident which read, “Someone from inside the vehicle fired numerous shots at the residence, the female was struck, and the vehicle fled.”

Addington and Cox were then asked about the discrepancy and if the first shooting occurred from a vehicle and the subsequent shootings occurred while the suspects were on foot or were all the shootings done by suspects on foot.

Cox responded Monday morning with, “So far, we know of one shooting scene in the 5400 block of Oneida Wy. Evidence indicates the shooters were on foot. I do not have any evidence that shows anyone shot from a vehicle. There is no evidence of a second shooting scene. The accident scene was in the 5100 block of Prewett Ranch Dr and the accident occurred after the shooting.

That’s all I can release at this time.”