Announced oath of office ceremony three hours before special election ended

Given committee assignments Thursday morning; will represent Antioch and Far East County until end of the year

By Allen D. Payton

Assemblywoman-elect Lori Wilson is the clear winner of Tuesday’s Special Election race for the 11th State Assembly District to fill the vacancy created when Jim Frazier resigned at the end of December with one year left in his term. Wilson was the only candidate on the ballot, but she faced an official write-in candidate, Erik Elness of Brentwood. The unofficial results show Wilson garnering 97% of the vote. But the election won’t be certified until Wednesday, April 14. She already had an office in the Capitol, according to the Assembly Daily File and an official Assembly website as of Wednesday evening.

Wilson also received her committee assignments Thursday morning.

Tuesday night at 5:12 p.m. her campaign sent out a press release announcing her oath of office the next day. Asked if that was premature since the polls didn’t close until 8:00 p.m. that night no response was received.

Oath of Office Announcement

The following press release had the date of April 6 but included the words, “For Immediate Release”:

Lori D. Wilson to Be Sworn In as the 11th District’s New Assemblymember

Sacramento, CA – Lori D. Wilson will be sworn in today as the Assemblymember for the 11th Assembly District. The newly elected Assemblymember will be representing parts of Contra Costa, Sacramento and Solano Counties.

“Thank you to the voters of Assembly District 11 for your confidence and trust. I am deeply humbled and grateful to have the opportunity to serve our communities in the State Assembly,” expressed Assemblymember Wilson. “From constituents who need help with state services, to challenges like rising homelessness, climate change, and keeping our neighborhoods and communities safe, I promise to work every day to deliver results for our communities, and to be a relentless advocate for every person who lives in our district.”

The program will go as follows. Please see below for biographies of the program participants.

Prayer led by Dr. Claybon Lea

National Anthem sung by SSGT Godson Ryder

Pledge of Allegiance led by Madison Avila

Remarks by Speaker of the Assembly Anthony Rendon

Remarks by Pastor Aritha Tomlinson

Oath of Office

Remarks by Assemblymember Lori Wilson

Dr. Claybon Lea is the Senior Pastor of Mount Calvary Baptist Church in Fairfield and Suisun City, CA where he has served since 1999. A widely known and highly sought after preacher, teacher, lecturer, and leader, Dr. Lea has been blessed to travel the world sharing his gifts to the glory of God. Additionally, he wrote his PhD dissertation on the “Hermeneutics of Archbishop Desmond Tutu” and is the author of the recently released book “Giant Lessons from David: Managing the Journey of Success”.

SSGT Godson Ryder was born in Florida, but raised in Saudi Arabia. He spent 8 years in the Air Force as an active duty member and the last 4 years in the Air Force reserves at Travis AFB, CA, where he is currently stationed. SSGT Ryder serves the great city of El Cerrito as a Peace Officer. He has been married to his beautiful wife, Erin, for 10 years.  They have two children, and God willing a third on the way.

Madison Avila is a Senior at Freedom High School in Oakley, CA and the current ASB President. She has participated in leadership all four years of her High School experience holding high positions as well as achieving a great GPA. Madison plans on attending a four-year University with a career goal of becoming an Anesthetist Nurse.

Pastor Aritha Tomlinson is a former Associate Pastor at Liberty Christian Center in Fairfield, CA. She oversaw Women’s Ministry, provided mentorship to women ministers, and was a part of the Pastoral Counseling team.  She is now enjoying retired life in Dallas, TX, spending time with her grandchildren, gardening, and staying fit.”

Sworn in at 11 AM Wednesday

Asked Wednesday evening if she was sworn in, general campaign manager Michael Terris, of Clean Sweep Campaigns, said, “she was sworn in. They did the swearing in ceremony at 11 am this morning. She has committee assignments and she’s off.

“Technically, I don’t know how that works. I think the speaker felt she would win,” he added.

Write-In Opponent Surprised

Asked for his thoughts about it, Elness responded, “Seems like there should be something illegal about that, before all the votes are even counted! What a disdain for the voice of the people! And truly, neither County knows how many votes there actually are because if a bunch of people voted and mailed their votes to be postmarked yesterday, those might not have even arrived yet. How do they know there aren’t several thousand more votes coming in?”

Wilson Explains Reason for Wednesday’s Oath of Office

Asked how she could be given her oath of office before the election will be certified next Wednesday, Wilson said, “I don’t know the rules. So, I’ll give you the laymen’s. They called, shortly…at some point after I was the only candidate, this was definitely before the write-in candidate. They said, ‘since you’re the only candidate, we can get started with stuff, earlier in terms of getting you on-board,” Wilson explained. “They had given two dates, the 18th and the 6th, because they were on spring recess the 11th. They originally said the 18th at the beginning of the call, and they said they were concerned about the 18th because the 18th starts a series of a lots of legislation coming and just the timing of the season. It goes into six-weeks of very busyiness, lots of bills and you won’t have time, really to on-board with your staff nor do the trainings, because there’s a whole set of trainings you can do.”

“They said the other option is to get sworn in the 6th, because then we go straight into spring recess and then you can start hiring staff…you can actually be prepared to do all the votes that you’re going to have to do,” she added. “As they prepare for the May Revise (of the budget). I guess the 18th starts a six-week, non-stop bill period and so, they wanted me to be informed.”

“So, during spring recess, I’ll be training,” Wilson added with a laugh.

Asked what committee assignments she received, Wilson said, Accounting and Administrative Review, Appropriations and Finance, and Privacy and Consumer Protection. You’re the first to know. I just got the text.”

“I’m so thankful to the voters for sending me, here,” Wilson stated. “I’m thankful to be able to be here at such a transitional time, I think for California and make sure that I’m working really hard on behalf of District 11, which of course means all of that will lead to the betterment of the entire state.”

“So, just excited for the opportunity and glad the voters saw fit to send me, here,” she added.

“I’ve got round two coming up,” Wilson continued referring to the race for the new Assembly District 11 on the June Primary Election ballot.

Wednesday News Release Announcing Oath of Office

In a news release on her official Assembly website posted Wednesday, it reads, “Today, Lori Wilson was sworn in as the Assemblymember for the 11th Assembly District. The newly elected Assemblymember will be representing parts of Contra Costa, Sacramento and Solano Counties.

“Thank you to the voters of Assembly District 11 for your confidence and trust. I am deeply humbled and grateful to have the opportunity to serve our communities in the State Assembly,” expressed Assemblymember Wilson. “From constituents who need help with state services, to challenges like rising homelessness, climate change, and keeping our neighborhoods and communities safe, I promise to work every day to deliver results for our communities, and to be a relentless advocate for every person who lives in our district.”

Assembly Speaker’s Office Explains Rules, Constitution Allows It

According to a staff member in Assembly Speaker Anthony Rendon’s office, Wilson was certified through the Chief Clerk’s Office. Also, according to Katie Talbot, Speaker Rendon’s Deputy Director of Communications, the California Constitution allows early pre-certification oaths of office.

“There’s a section of the constitution that addresses this,” she shared. “Article IV, Section 5 (a)(1) of the Constitution provides the Legislature with the authority to judge the qualifications and elections of its Members. So, there have been occasional times in recent history when we’ve sworn in the Member pre-certification. It happens sometimes in cases like this, when there’s only one name on the ballot and the results are not close.”

Full-Term Assembly Election

Wilson does have an opponent, Jennie Callison, whose name will appear on the ballot in the June Primary Election for the full, two-year term in the newly drawn Assembly District 11. It no longer includes Antioch and Brentwood in the Contra Costa County portion of the district. Callison is a Vacaville resident and works in the State Assembly.

Including of people signing petitions, underage grocery store worker; police called

Dear Editor:

It’s no secret that politics have been a contentious battleground over the last several years in the city of Antioch. The city has moved in a direction where leadership is more focused on being right while losing sight of doing what is right.  This has especially weighed heavily on my mind the past few months and it came to a head Friday as we are in the home stretch of the Antioch recalls.

On Friday, the harassment and bullying going on went too far. It is impossible to ignore, and something must be done after one of the mayor’s very vocal supporters crossed a line.

This person appeared at a signing table with a bullhorn and a video recorder, something that has happened many times now during this recall.  This person was aggressively insulting the people gathering signatures, recording them without their permission, and harassing customers at the store. Truthfully, we have been subjected to this before. However, all are adults and can handle it.

Sadly, however, this supporter of the mayor took it to a whole other level when they began harassing a minor. This is a minor that is employed by the location the event was being held. The minor was recorded without consent, was called a bully, a racist, and the aggressor refused to stop even when the minor revealed the fact that they are underage. The harassment was so out of line that customers, unrelated to the recall attempt, called the Antioch Police Department to assist the minor.

I cannot fathom the fear and embarrassment this young person felt.  To have an adult abuse them in such a way is unconscionable.  In a time when the mental health of our youth is at a catastrophic level, we cannot put them into situations that might damage the very fabric of their relatively limited worlds and put them into a crisis in which some may not be able to recover.

The fear of being labeled a racist has driven teens to take drastic, and permanent, actions before.  They felt their whole lives were ruined when such allegations went public.  For a grown woman to treat a youth in our city in this manor cannot and should not be ignored.

This is a woman whom the mayor has supported with his clapping and his smiles.  He has allowed the false rhetoric to be perpetrated to save himself from recall, and now his supporters are abusing our youth, as well.  Bullying is never acceptable.  We need better from our elected officials and their supporters if we are ever going to come together as a city

I am not so naïve to not understand politics can and do divide a community and get the best of people. But I hope that the vast majority would look beyond the surface and ignore the false rhetoric.

For example, it came as no surprise that the proponents were labeled racists and that many individuals ignored the fact that nearly half of the original 20 proponents are minorities. However, I was wholly unprepared for the level of hate and vitriol I both witnessed and received during this process.

Because I became involved in these efforts to better the community in which I live, I was immediately labeled a racist, called a bully, and was harassed on more than one occasion. Admittedly, I somewhat expected this to happen because I knew I was making a bold choice that some do not understand, and many are unwilling to learn the motives behind. 

What I was unprepared for was the hate that I saw spewed at others, hate from the mayor and his supporters.  I saw an African American woman called a racial slur, another told she was not black enough, and yet another told she was “acting white.” An Afro-Latina neighbor was told she was not a real person of color, a Mexican American man was told he needs to learn to think for himself.  I’ve been publicly called a “Karen”, a Klan’s member, and a bully by both the mayor and his supporters.

The mayor has even tried to intimidate me, both with his own actions and the actions he has condoned.  At a recent city council meeting all the proponents were called the Ku Klux Karen’s, a comment in which the mayor applauded.

I do not write these things to garner support or sympathy.  I’m a grown woman that put myself into the line of fire for supporting the recall of our mayor and city clerk and have thus far dealt with these attacks quietly. But it crossed a line Friday. Verbally attacking a youth should be rejected by everyone whether you support or disagree with a recall.

I had no intention of ever speaking of these events publicly over the past year because that is not the type of petty politics in which I want to involve myself. But I ask the public to please leave the children out of it and to tone down the false rhetoric and name calling

Respectfully,

Lindsey Amezcua

Antioch

 

Supports cutting gas taxes, opposes facemask mandates for school children, announces endorsements; district includes all of Antioch

Erik Elness, a 25-year Brentwood resident and business owner, filed paperwork with the Contra Costa County Elections Department on Friday, March 18, 2022, and was certified as an official ‘Write-In Candidate’ for the April 5, 2022 Assembly District 11 Special Election. The AD-11 seat was vacated when former Assemblyman Jim Frazier resigned on December 31st.

“I decided to run as a write-in candidate, because I wanted to give the hard-working voters of our Contra Costa and Solano district a choice of who they want to vote for in this special election,” Elness stated. “Government has grown bigger and more controlling, and individual liberty has been gradually taken from us.”

A Republican, he is challenging Democrat Suisun City Mayor Lori Wilson who is the only candidate to file in the race. While her name will appear on the ballot, voters must write in Elness’ name to vote for him.  The winner will serve out the remainder of the term through the end of the year, in the current district which includes Antioch, Brentwood, Oakley, Discovery Bay, Bethel Island, Byron, Knightsen and portions of Pittsburg in the Contra Costa County part of the district.

Within several days of announcing his candidacy, Elness was unanimously endorsed by the Solano County Republican Central Committee and endorsed by CD-8 Congressional Candidate, Major Rudy Recile (U.S. Army, retired), former CD-9 Congressional candidate Antonio Amador, and former AD-11 Assembly candidate Dave Miller. In addition, former AD-11 candidate Lisa Romero has endorsed him, as well.

Elness said he was shocked to learn the Assembly Democrats recently voted against temporarily suspending 50 cents per gallon off the state gasoline taxes. He agreed with the bill to cut state gas prices, adding, “the people of California need relief, now from increasing gas prices, impacting their budgets and our economy. That bill was one simple way to help accomplish that.”

Elness also stated, “I’m ‘pro-choice’ when it comes to COVID vaccines and masks. I don’t believe our children should be forced to wear masks at school.”

“Sacramento politicians are out of touch with the needs of the people who live and work in our neighborhoods. I worked corporate jobs for 23 years and I’ve been a small business owner for nearly 13 years, running a successful family business with my wife,” Elness shared. “We deserve a representative in Sacramento in tune with the issues, concerns, and challenges facing families in our community.”

“I support equal opportunity in education, with every child in every neighborhood receiving a quality education,” he stated. “I applaud successful public schools (my kids had a lot of great teachers in public schools.) But I believe families should have choices when it comes to home school, private or charter schools.’

“I strongly support the U.S. Constitution and I will strongly oppose any new State laws that infringe on our Civil Rights, including our Second Amendment right to bear arms,” Elness continued. “I support our firefighters, local law enforcement officers and deputy district attorneys who work tirelessly to protect our Constitutional liberty and keep our neighborhoods safe.”

To learn more follow his campaign on Facebook at Erik Elness for CA Assembly, District 11 and Instagram at erikelnessforassembly.

To vote for Elness in the April 5 Special Election, simply fill in the ‘bubble’ in the write in section and neatly print his name, “Erik Elness” on the write in line.

Allen D. Payton contributed to this report.

 

Public test of Vote-by-Mail counting equipment

The April 5, 2022 Special Election for the California Assembly District 11 office is underway in California. The Contra Costa County Elections Division will perform the county’s official logic and accuracy testing on central ballot counting and processing equipment at 10:00 am Friday, March 25, 2022 at the Elections Office, located at 555 Escobar Street in Martinez and the public is invited to observe.

According to Helen Nolan, Assistant Registrar, “Contra Costa County purchased its ballot counting and processing equipment from Dominion Voting Systems. We originally purchased this ballot tabulation system in March 2018 and will be conducting our 11th election with the system in April using the Dominion Democracy Suite 5.10a.  Brand names used in the system include Dell, Canon, InoTec, OKI, AValue, and HP.” (See related article)

Logic and accuracy testing is a standard pre-election procedure. The test will confirm that all central count equipment is in working order and functioning properly. A set of test ballots will be run through each scanner to ensure they are properly programmed and operating as expected.

Visitors are asked to check-in at the Elections lobby.  For more information, call 925-335-7800.

 

Ogorchock doesn’t believe he only had one drink, says apology insincere; claims two women from previous job filed sexual harassment complaints against him; if Thorpe won’t resign, she will work to support his recall

Publisher’s Note: The views contained in this opinion are those of the author and do not necessarily reflect the opinions of the Herald, it’s staff or publisher.

Dear Editor:

Due to this weekend’s lack of control and poor decision making on the part of Mayor Lamar Thorpe, I feel duty bound to share my thoughts, not only concerning Lamar’s driving while intoxicated but the lack of respect he shows to the residents of Antioch.

First, our mayor has taken to using ad-hominem, bigoted and misogynistic terms to attack his constituents rather than provide a rebuttal of his position. His title for his campaign is, “Stop, the #Karen Recall of Mayor Lamar Thorpe.”

Dictionary.com defines “Karen” as “a pejorative slang term for an obnoxious, angry, entitled, and often racist middle-aged white woman who uses her privilege to get her way or police other people’s behaviors. In 2020 Karen spread as a label used to call out white women who were captured in viral videos engaging in what are widely seen as racist attacks. The mayor has chosen on two different occasions to refer to me as a “Karen”.

To call a woman today a “Karen” is to evoke an image of white privilege that in no way represents the life struggles millions of women endured to achieve equality, respect, and representation.

Second, Mayor Thorpe chose to drink and get behind the wheel of his vehicle, while intoxicated.  He not only endangered himself but others.  He stated he is sorry for his actions, well how sorry is he truly?  He wants us to believe he had only “a drink” with dinner.  We all know this is a fallacy.  So, to me his apology is far from being sincere.

Third, it has been brought to my attention that two women have filed a sexual harassment complaint against Mayor Thorpe. The complaint has been filed with the former Los Medanos Community Healthcare District, City of Antioch, and State of California. And yes, I personally verified the facts prior to sharing this repulsive information.

We need to make a change in our leadership, and we need to do it quickly.  Mr. Thorpe needs to step down as the mayor of our beautiful city.  If he so chooses not to, I will put all my energy into the success of the campaign to recall him as mayor.  Antioch citizens deserve better, do the right thing Mayor Thorpe and step down immediately!

Lori Ogorchock

Antioch City Councilwoman, District 3

By Allen D. Payton

Following the Antioch City Council finalizing their redistricting process on Friday, March 11, with a majority of members voting to adopt a politically drawn, gerrymandered map of council districts, Antioch resident and business owner Mark Jordan sent a letter to the council members demanding they rescind their decisions and send the process to the Superior Court and threatening a lawsuit if they don’t. (See related article)

Following is a copy of Jordan’s letter:

March 15, 2022

City of Antioch

Mayor and Council Members

200 H Street

Antioch, CA  94509

RE:  NOTICE OF POTENTIAL LITIGATION

Redistricting / Map Selection / City of Antioch

Mayor and Council Members,

This NOTICE will serve to inform you that as a resident and citizen of the City of Antioch I challenge the process you have conducted to select the Redistricting Map for the City of Antioch in 2022.

I challenge Maps selected by the Council commonly known as; Map A Draft and Map A Draft Modified.  I state and claim you are in violation of your Oaths of Office, the California Government Code and the California Elections Code.

DEMAND IS MADE AS FOLLOWS:

1. You AGENDA the Rescission of both selections of Map A Draft and Map A Draft Modified at the next Council meeting not later than March 22, 2022.
2. VOTE to rescind approval of both gerrymandered maps which you have selected, which exist approved by the Council in conflict with each other.
3. You MOVE to deliver the entire process of the selection of the Antioch Redistricting Map to the Superior Court of the State of California, County of Contra Costa notifying the Court that the City of Antioch is unable to complete the process of redistricting in a manner that is not gerrymandered. This DEMAND of delivery to the Superior Court is made pursuant to Elections Code Section 21609.

RATIONALE FOR DEMAND:

1. On January 25, 2022 the Council decided on two final maps (Map B and Map 91) stating to the public that one of the two would be the Final Redistricting Map.
2. On February 8, 2022 the Council rejected both Maps they had decided were the two final Maps and there was no vote to rescind the previous selection of the final maps.
3. On February 22, 2022 the Council returned Map A Draft to consideration without a motion.
4. On February 22, 2022 members of the Council including the Mayor actively modified Map A Draft in a gerrymandered manner to create Map A Draft Modified.
5. On March 8, 2022 the Council selected Map A Draft, a gerrymandered map.
6. On March 11, 2022 the Council selected Map A Draft Modified without a motion to rescind Map A Draft. Map A Draft Modified is a gerrymandered map.

You have moved off the two final maps selected January 25, 2022 without properly voting to reconsider rejected maps.  You have currently approved two conflicting Maps without rescinding a previous action; the selection of Map A Draft on March 8, 2022.

The Council has and remains in violation of Elections Code Section 21601, subsections 1 through 4 inclusive, by selections of both Map A Draft and Map A Draft Modified because neither map meets the requirements of the Elections Code and both are gerrymandered.

If you fail to take the aforementioned DEMANDED ACTIONS I will move to seek immediate judicial relief including but not limited to a stay of your decisions concerning redistricting, a revocation of any Map you have selected along with seeking any attorney’s fees and costs for your violations of the Government Code and Elections Code.  I will further request any other relief the Court may choose to award.

Your immediate attention to this MATTER and DEMAND of action is required.

Sincerely,

Mark Jordan

Cc:  City Attorney, City Clerk

Via:  USPS and email

—————-

Next Tuesday’s council meeting agenda released on Friday, March 18 does not include the action demanded by Jordan.

Dear Editor:

As one of the proponents for the recall of “best friends” who “have each other’s backs”, as they say in one of their childish TikTok videos, Antioch Mayor Lamar Thorpe and City Clerk Ellie Householder, I want registered Antioch voters to know that if they sign the recall petitions their names and information are private, remain private and those two can never know who signed the petitions.

That needs to be said because at signing events some residents have said they’re afraid to sign Lamar’s because they don’t want to be labeled a racist, as he’s attempting to do by calling it the “Karen’s recall” claiming it’s only because he’s African-American that we are attempting to recall him and it’s only racist, middle-aged white women who support the attempt, which are both blatant lies.

Many people who voted for him, including some of the lead volunteers, now want him out.  The supporters of the recall represent all demographics, including African-Americans, Latinos and Asians, and all ages of both men and women.  Our signing events are a melting pot, just like our city.

So, people have no reason to be afraid to express their opinion and take the action that’s necessary to get him out of the position that most voters didn’t want him in, as Thorpe didn’t get a majority of the vote in 2020.  He just got the plurality of votes among the five candidates running. We can’t afford to have him continue to ruin our city. The same for Householder, who has been playing games in her position protecting Thorpe by first delaying his recall and now by not publishing his campaign finance reports on the city’s website when they were supposed to be submitted at the beginning of February.

Just like your vote on either a mail-in ballot or in the voting booth at your polling place is sacred and private, so is your signature on a recall petition. Also, contributions to the campaigns to support their recalls of $99 and less are not reportable, so personal information of donors in those amounts remain private, too.

For more information of when and where to sign a petition and how to help gather the rest of the needed signatures by May 11, visit www.recalllamarthorpe.com and www.recallelliehouseholder.com.

Sincerely,

David Amezcua

Antioch, CA

Send letter to County Supervisors claiming, “Sheriff’s unwavering support for deputy who killed two people raises serious questions about his commitment to safety and accountability”

Instead of six years in prison for Andrew Hall “official Probation Department report recommended probation.”

“Contra Costa is not San Francisco or Los Angeles” – Sheriff Livingston

By Allen D. Payton

During campaign season, as both are facing re-election, an email was sent by Contra Costa County Sheriff David Livingston to his department staff on Friday, March 4, 2022, criticizing District Attorney Diana Becton and the judge for sentencing of former Deputy Andrew Hall to six years in prison for the shooting death of Laudemer Arboleda in 2018. (See related article)

In response, Becton and three other DA’s in the state who formed the Prosecutors Alliance of California are asking the County Supervisors “to increase external oversight of departmental misconduct” and for an audit of the sheriff’s department’s disciplinary practices. Formed in 2020, the Alliance is made up of four members, including the DA’s of San Francisco and L.A. Counties who are both currently facing possible recalls, and funded by Tides Advocacy, a social justice and welfare organization.

Sheriff Livingston’s email:

“Today is a sad day for the Sheriff’s Office, the community we serve, and law enforcement in general.  This morning superior court judge Terri Mockler sentenced Andrew Hall to six years in state prison. This is an unusually long sentence by any measure especially since the official Probation Department report recommended probation.  Since this is a felony conviction, California law requires that he no longer serve as a peace officer.  We are compelled to give him a reluctant farewell.

During his years of service, he served with honor and distinction.  He handled thousands of calls for service, as many of you have, and was well received by the citizens of our county.   After an extensive internal investigation, he was found to be within departmental policy when he was forced to use deadly force to protect himself and others on that fateful day.  I was proud to support him publicly and privately after the events of November 3, 2018, and I support him today.

For our district attorney to charge a deputy sheriff, or any peace officer, for a crime based on a split-second tactical decision is abhorrent.  It is even more abhorrent for that same district attorney to later repost photos on her reelection campaign social media that show her smiling and proclaiming that she “charged the officer.”

Despite these odd times, please remember I appreciate the work all of you do; I respect your sacrifice and commitment to the community we serve, and most importantly, I have your back.  I may not be able to impact the decisions of other elected officials, or the courts, but I definitely can impact what happens in our organization.  Do your job with honor, follow department policies, and obey the law.  If you do that, I will proudly stand with you – regardless of your job assignment, your rank, or your duties.  Never forget that and never doubt that.

I’m proud to be your Sheriff, and I thank you all.

David Livingston

Sheriff-Coroner”

Prosecutors Alliance Chides Livingston, Asks Supervisors for Oversight, Audit

On Monday, March 14, in a letter to the Contra Costa County Board of Supervisors, the Prosecutors Alliance of California asked for an audit of the disciplinary practices in Sheriff Livingston’s department and to increase external oversight of departmental misconduct. Recent remarks made by Sheriff David Livingston suggest he believes his deputies are above the law, raising serious concerns over the legitimacy of an Internal Affairs investigation into former Deputy Andrew Hall and how the Sheriff is disciplining officers who abuse their authority.

“Sheriff Livingston’s comments are abhorrent and indicate his belief that deputies who kill are above the law,” said Cristine Soto DeBerry, Founder and Executive Director of the Prosecutors Alliance of California. “Police have wide latitude to use force, but when they unnecessarily kill they must be held accountable just like anyone else in our community.  When we do not hold police accountable, people do not trust the legal system to protect them. That makes the job of policing more difficult and dangerous, and it makes it far less likely that crimes will be reported. That, in turn, poses a threat to everyone’s safety.

“District Attorney Diana Becton’s willingness to hold law enforcement accountable is the only check on an agency whose leader would otherwise grant his deputies unbridled power to kill with impunity. Sheriff Livingston took an oath to seek equal justice under the law and his remarks are an affront to that sworn commitment. These are not the words of a law enforcement leader, they’re the words of a man that believes accountability does not extend to police.”

Last week, a judge sentenced Deputy Andrew Hall to state prison after a jury convicted him for the 2018 shooting and killing of Laudemer Arboleda, an unarmed man having a mental health episode. This was not Hall’s only killing – he shot and killed Tyrell Wilson in 2021. Contra Costa County has paid $9.4 million to settle claims regarding former Sheriff’s deputy Andrew Hall. The County agreed to a $4.9 million settlement with Arboleda’s family last October in addition to a $4.5 million settlement with Tryell Wilson’s family.

In response to the verdict, Sheriff Livinston sent a department wide letter saying former Sheriff’s Deputy Andrew Hall served with “honor and distinction,” that Hall “was forced to use deadly force to protect himself that day,” and noted that an internal affairs investigation had cleared Hall. Livingston called DA Becton’s decision to charge former Deputy Hall “abhorrent,” and told his deputies, “I have your back.”

In an email to the Board of Supervisors today, Cristine DeBerry sounded the alarm, noting that, “the fact that [Internal Affairs] cleared former Deputy Hall is concerning.  If Department policy allows Sheriff’s Deputies to use force in contravention of the law, that would set up a situation wherein Deputies are being trained to use force in a manner that conflicts with criminal law. That presents serious issues for law enforcement officers, public safety, and county liability.  Alternatively, if the Sheriff is clearing deputies in cases where their use of force was criminal, that too raises serious questions about the Sheriff’s commitment to public safety and accountability.”

The Board of Supervisors can help restore trust by increasing oversight over the Sheriff’s Department, and by auditing the department’s disciplinary policies. These are critical steps to help the public understand the scope of law enforcement misconduct and to develop policies to increase accountability.

“DA Becton courageously charged Officer Hall with the death of Mr. Arboleda, a jury convicted him, and a judge sentenced him to prison,” said Cristine DeBerry. “Sheriff Livingston should accept the jury’s verdict and look at ways to reduce the use of unnecessary force by his deputies rather than question the prosecutor’s decision to bring charges and defiantly proclaim to ‘have the back’ of officers where a jury has determined the force to be criminal.”

A question was sent Thursday evening to the Alliance’s media contact asking if they had received any response, yet from the Board of Supervisors.

Livingston Responds to Alliance Letter

“The so-called ‘Prosecutors Alliance’ committee is made up of only four of the 58 DAs in the state,” Livingston responded. “Contra Costa is not San Francisco or Los Angeles where two of their far-leftwing founding members serve. Instead of playing politics here, they should do their job and prosecute offenders and start caring about crime victims for once.”

Both Livingston is facing one opponent in the June Primary Election, while Becton is facing two. If no candidate receives a majority of the vote, then the top two candidates will face off in the November General Election.

Please check back for any updates to this report.