City Manager, consultant refute claims “our city is, or might be, out of compliance”
By Allen D. Payton
Following a Closed Session at 6:00 p.m. on Tuesday, September 9, 2025, for a Conference with Labor Negotiators for various employee groups, the Antioch City Council will receive presentations from the police department including the Quarterly Update with staffing stats and the U.S. Department of Justice Settlement Agreement Bi-Annual Update. Included is City Manager Bessie Scott’s Memorandum to the City Council and Police Oversight Commission dated August 18, 2025, and a letter from the outside consultant refuting concerns that the City is possibly out of compliance with the USDOJ Agreement.
She wrote, “It has come to the attention of city staff that some individuals have publicly claimed that our city is, or might be, out of compliance with the USDOJ Memorandum of Agreement (MOA). As the City Manager, I am happy to take this opportunity to address these concerns and have asked our Consultant on this matter, Manjit Sappal, to formally provide an update on the status of all elements within the MOA.”
Proclamations
The regular meeting starts at 7:00 p.m., and before the APD presentations the Council will consider approving three proclamations Celebrating California’s 175th Anniversary of Statehood, 9/11 Day of Service and Remembrance, September 11, 2025, and In Honor of Hispanic Heritage Month, September 2025.
Commission Openings
The agenda also mentions the following City Commission openings for interested members of the public to apply for appointment:
Planning Commission – 3 Full Term vacancies, expiring October 2029;
Antioch Police Oversight Commission – 1 Partial Term vacancy, expiring November 2026;
Board of Administrative Appeals – 2 Full Term vacancies, expiring March 2028 and 1 Alternate vacancy, Two-year term.
Applications for the vacant positions are due Friday, Sept. 26, 2025, at 5:00 p.m. in the City Clerk’s Office. For more information see agenda item #4 and below:
Source: City of Antioch
Proposed Changes to Housing and Homeless Staff Positions
Under the only other major item on the agenda, item #7, according to the City staff report, the council will consider amending the personnel budget for the Housing and Homelessness Division of the misnamed Public Safety and Community Resources Department (which does not include police or fire services). The proposed budget change in the amount of $79,025 for fiscal year 2025-26 is to fund one Housing Manager and two Housing Services Coordinators in lieu of one Administrative Analyst I, one Unhoused Resident Coordinator, and one Housing Program Specialist.
The Department currently is led by Interim Director Monserat Cabral following the resignation of former Director Tasha Johnson.
Angel G. Luévano. Photo by Luis Nuno Briones. Source: Todos Unidos
Luévano Consent Decree determined in 1981 written civil service test unfair to Black and Hispanic applicants
“Today, the Justice Department removed that barrier and reopened federal employment opportunities based on merit—not race.” – U.S. Assistant Attorney General Harmeet K. Dhillon on Aug. 1, 2025.
“The Decree has had its usefulness and a tremendous effect on the country. Millions of minorities and women hold jobs because of that class action lawsuit. It wasn’t DEI. It didn’t just benefit minorities and women. The (alternative) Outstanding Scholar Program…was actually used 70% by whites.” – Angel Luévano
By Allen D. Payton
On Friday, August 1, 2025, Assistant Attorney General Harmeet K. Dhillon announced that the Civil Rights Division of the U.S. Department of Justice (USDOJ) had ended a 44-year-old decree mandating race-based government hiring. It’s named for Antioch resident Angel G. Luévano, who, with a group of attorneys in 1979, brought a class action lawsuit on behalf of African Americans and Hispanics over the Professional and Administrative Career Examination (PACE). They claimed disparate impact against them based on their test results violated Title VII’s equal employment opportunity provision of the Civil Rights Act of 1964. Dhillon claimed the decree “imposed draconian test review and implementation procedures” on the Office of Personnel Management (OPM).
The 1979 Luévano v. Campbell lawsuit, against the then and first Director of the Officer of Personnel Management, Alan Campbell, resulted in a settlement during the final days of President Jimmy Carter’s Administration, just prior to President Ronald Reagan’s inauguration, eliminating use of the PACE test. According to court documents filed in March 2025 by the USDOJ, “on January 9, 1981, after two years of litigation, Plaintiffs and OPM jointly moved for ‘an order granting preliminary approval to a Consent Decree.’ Luevano, 93 F.R.D. at 72. The parties signed the Decree eleven days prior to the change in administration, and the Court accepted the Decree on February 26, 1981.”
In addition, according to the Civil Rights Litigation Clearing House Case Summary, in the Decree the “federal government in part agreed to…establish two special hiring programs, Outstanding Scholar and Bilingual/Bicultural.”
The lawsuit title was later changed to Luevanov. Ezell, named for Charles Ezell, the current Acting OPM Director. This year’s court filing reads, “Federal law requires many federal jobs be filled based on merit alone. Beginning in 1974, OPM employed a test to do just that. The Professional and Administrative Career Examination (‘PACE’) was a challenging, written examination that measured cognitive and other skills. It quickly proved an effective way of predicting future job performance, thereby increasing the efficiency and capability of the federal workforce. But it did not last long.”
In a Aug. 1 post on Dhillon’s official X (formerly Twitter) account she wrote, “Another federal government DEI program bites the dust! Today, the @CivilRights Division ended a 44-year-old decree that bound the federal government to use DEI in its hiring practices” and shared the news release from the USDOJ announcing the end to the decree:
“Today, the Justice Department’s Civil Rights Division ended a court-imposed decree initiated by the Carter administration, which limited the hiring practices of the federal government based on flawed and outdated theories of diversity, equity, and inclusion.
In Luevano v. Ezell, the Court dismissed a consent decree based on a lawsuit initially brought by interest groups representing federal employees in 1979. The decree entered in 1981 imposed draconian test review and implementation procedures on the Office of Personnel Management—and consequently all other federal agencies—requiring them to receive permission prior to using any tests for potential federal employees, in an attempt to require equal testing outcomes among all races of test-takers.
“For over four decades, this decree has hampered the federal government from hiring the top talent of our nation,” said Dhillon. “Today, the Justice Department removed that barrier and reopened federal employment opportunities based on merit—not race.”
“It’s simple, competence and merit are the standards by which we should all be judged; nothing more and nothing less,” said U.S. Attorney Jeanine Pirro for the District of Columbia. “It’s about time people are judged, not by their identity, but instead ‘by the content of their character.’”
Luévano Responds
In response to the decree’s dismissal, Luévano said, “I agreed to vacate the Decree through the Mexican American Legal Defense and Education Fund (MALDEF) because I don’t want to make bad law. There are two interveners on the other side that wanted to broaden the attack.”
Asked when he agreed to it, he said, “Last week. Attorneys for both sides met with the judge last Thursday to resolve the matter.”
“The Decree has had its usefulness and a tremendous effect on the country,” Luévano continued. “Millions of minorities and women hold jobs because of that class action lawsuit. The Decree affected 118 job classifications in federal hiring nationwide.”
“I’m extremely proud of the effect that it has had on federal hires and getting minorities and women into federal jobs,” he stated. “It affected my decision to join, it was the key for me to join federal civil rights compliance in the Labor Department.”
Asked why he was the lead plaintiff he said, “I took the PACE exam because I wanted to get into a federal job. I achieved an 80 on the test – a passing grade, even though it’s been reported I flunked the exam. That’s not true. The result was I did not get referred to federal openings. They were only referring people with a 100 on their tests to jobs.”
“I learned about the case through the Legal Aid Society which had brought many cases in the construction industry. Our unit was successful in getting the Freedom of Information Act (FOIA) to be effective. I went to them and said, ‘that happened to me’ in the Office of Personnel Management. That’s the lead HR department in the federal government. They’re the gatekeepers to federal employment.”
“I asked them, is there something we can do about this. They said, ‘funny you should ask. We are looking for someone to do something about this’ and we began working on the lawsuit,” he shared.
“One of the things I was able to achieve was alternatives to merit selection in federal employment, the Outstanding Scholar and Bilingual/Bicultural programs that each agency implemented,” Luévano stated.
“I gave up back pay and also the class, to get them to agree to the decree,” he continued. “When you win a case, you usually get a settlement. But I was the one who gave up back pay for myself and for the class to get those two remedies. That was really big. That is huge. Who gets alternatives to merit-based hiring at the national level? They used it to bring in minorities and women.”
“It wasn’t DEI. It didn’t just benefit minorities and women. The Outstanding Scholar Program as an alternative to discriminatory merit-based hiring was actually used 70% by whites,” he stated. “But that’s OK. I wanted to crack the discriminatory employment barriers to federal hiring.”
“When I was in D.C. I met with the second in command at the OPM, while we were in Puerto Rico. He said, ‘Angel, you know it’s not what you know. It’s who you know. I said to him, ‘I know you!’ He replied, ‘But I don’t have any power.’ I’ve learned that every where I’ve gone. As you go up the ladder it gets narrower and narrower and harder and harder.”
“We used the impact theory to prove there was discrimination. There are only two theories, that one and disparate treatment,” Luevano explained.
“I negotiated through my lawyers,” he continued. “We had a lot of attorneys. They included the Lawyers Committee for Civil Rights out of D.C., MALDEF, the Puerto Rican Legal Defense Fund, NOW, and the Legal Aid Society of Alameda County where I worked out of Oakland as a senior law clerk in the impact litigation unit.”
He started as a summer management intern with the General Services Administration as a GS-5 employee in 1972 while in law school. Then he went to work for the Department of Defense compliance division in Burlingame.
They merged all the compliance divisions under the Labor Department.
“They leaped me from a GS-9 to a 12,” he stated. “So, I skipped 10 and 11. I met all of the qualifications.”
He ultimately rose to the level of a GS-15 as Deputy Director of Program Operations for the Labor Department’s Office of Federal Contract Compliance Programs.
“I was number four in the agency nationwide and retired after 30 years in government,” Luevano shared. “That happened to a guy who wouldn’t have even gotten into a federal job because of PACE. Yet, I was qualified, I earned it and I moved up.”
“I had a great career. I helped write the regulations on how to detect employment system discrimination and I trained the trainers nationwide,” he continued. “That was because of my law background. I went to Hastings for four years. Even though I don’t have the degree, I have the equivalent of a Master’s in Law.”
About the timing for the lawsuit settlement Luévano shared, “Our lawyers showed up. Their lawyers showed up, the attorneys for the outgoing Carter Administration. The attorneys for the Reagan Administration showed up and wanted to put a stop to the resolution of the Consent Decree. The judge said, ‘No, you’re not in power, yet.’”
“We were all happy, we signed the Decree and made history,” he stated. “I’m humbled by this tremendous achievement.”
Luévano was recognized for his efforts at one of the conferences of LULAC, the League of United Latin American Citizens, in which he later rose to the level of California State Director and V.P for the Far West. Image de California gave him an award during one of their conferences at which he spoke about the Consent Decree.
“If we hadn’t accomplished that we’d still be back in the dark ages of discrimination,” Luévano stated.
“I’m actually writing a book, a memoir about it,” he added. “I’m working with Harvard on that.”
He and his wife Argentina have been involved in the Antioch community with the Kiwanis Club of the Delta-Antioch, where he was president last year and Argentina is currently secretary. They both also served as Lt. Governors for the organization in Division 26, Area 9 in Northern California. Then Angel was elected as Trustee for the entire Division which includes California, Nevada and Hawaii.
In addition, since May 2004, Angel has also served as Executive Director for Todos Unidos, an Antioch-based non-profit organization established to raise the educational, economic, health and social outcomes of underserved communities along the Suisun Bay and the greater San Joaquin Delta area.
Former Antioch Police Officer Morteza Amiri was sentenced to seven years in prison on Friday, June 24, 2025. Photo: Antioch PD
MortezaAmiri guilty of using excessive force against an individual, college degree pay raise scheme
Part of Investigation into 10 Current, Former Antioch, Pittsburg Police Officers and Employees
By U.S. Attorney’s Office, Northern District of California
OAKLAND – Former Antioch police officer Morteza Amiri was sentenced today to 84 months in federal prison for violating the civil rights of an individual through excessive force, falsifying records related to that violation, and participating in a scheme to obtain pay raises from the Antioch Police Department for a university degree he paid someone else to obtain. The sentence was handed down by Senior U.S. District Judge Jeffrey S. White, who presided over two trials that resulted in Amiri’s convictions for these crimes.
In August 2024, following a four-day trial, a jury found Amiri, 34, guilty of one count of wire fraud and one count of conspiracy to commit wire fraud in connection with the fraudulently-obtained degree scheme. Thereafter, in March 2025, following eight-day trial, a jury found Amiri guilty of one count of deprivation of rights under color of law and one count of falsification of records in connection with a July 2019 arrest. Amiri was remanded to the custody of the U.S. Marshals on March 18, 2025, and has remained in federal custody since then. (See related articles here and here)
“Amiri misused his police dog to inflict unnecessary and excessive force against a victim and cheated his way into a pay raise. These crimes are appalling in themselves, but even more so that they were committed by a police officer. With this sentence, Amiri is now being held to account for his multiple betrayals of the public trust,” said United States Attorney Craig H. Missakian.
“Amiri betrayed the public’s trust, abused his authority, and violated the civil rights of a person he was sworn to protect. His actions undermine the integrity of law enforcement and erode public confidence. Today’s sentence sends a clear message: no badge is a shield from accountability. The FBI remains steadfast in its mission to protect the civil rights of all people and to hold those who abuse their power accountable under the law,” said FBI Special Agent in Charge Sanjay Virmani.
Amiri was previously employed as a police officer with the Antioch Police Department. According to court documents and evidence presented at the trial in March 2025, Amiri, a K-9 handler, deployed his K-9 to bite even when it was not necessary. On July 24, 2019, Amiri pulled over and stopped a bicyclist identified as A.A., who, according to Amiri, did not have his bicycle light on. Amiri approached A.A., punched and took the victim to the ground, and then called for his K-9 to bite the victim. As a result, A.A. sustained injuries. At the time, Amiri was accompanied by a police officer with a neighboring agency as a ride-along, and that officer assisted with the deployment of the K-9. Afterwards, Amiri shared pictures of the victim’s wounds with other Antioch police officers. One officer responded, “Yeah buddy good boy,” referring to the K-9, and “Lol you bit [A.A.].” In response to a question from another officer about what cut the dog’s face, Amiri responded, “that’s a piece of the suspect’s flesh lol.”
Amiri later wrote to the officer who accompanied him on the ride-along, “you got to see [the K-9] in action lol,” and stated that detectives got the victim “a 45 day violation and we are gonna leave it at that so i don’t go to court for the bite. Easy,” referring to the victim going into custody for a parole/probation violation. Amiri then falsified a police report of the incident, stating that one of the reasons he deployed his K-9 was because he was alone, when instead the ride-along police officer was with him at the time and had helped Amiri deploy the K-9.
Separately, the evidence presented at the trial in August 2024 showed that the City of Antioch and City of Pittsburg’s Police Departments offered reimbursements toward higher education tuition and expenses, along with pay raises and other financial incentives upon completion of a degree. Instead of completing higher education coursework on their own, Amiri and his co-conspirators hired someone to complete entire courses on their behalf at an online university to secure a bachelor’s degree in criminal justice. Amiri and his co-conspirators then represented they had taken those courses and earned the degrees from the university when requesting reimbursements and/or financial incentives from their police department employers. They were in turn paid additional financial incentives, calculated as percentages of their salaries, while they remained employed by their police departments.
In addition to the prison term, Judge White also sentenced Amiri to three years of supervised release and ordered Amiri to pay restitution in the amount of $3,180 to victim A.A. and $10,526 to the City of Antioch.
The case is being prosecuted by the National Security & Special Prosecutions Section and the Oakland Branch of the United States Attorney’s Office. This prosecution is the result of an investigation by the FBI and the Contra Costa County District Attorney’s Office.
Part of Investigation into 10 Current, Former Antioch, Pittsburg Police Officers and Employees
These charges against Amiri were brought as part of an investigation into the Antioch and Pittsburg police departments that resulted in multiple charges against 10 current and former officers and employees of these two police departments for various crimes ranging from the use of excessive force to fraud. The status of these cases, all of which are before Senior U.S. District Judge Jeffrey S. White, is below:
Sentenced to 30 months custody, 2 years supervised release concurrent with 24-cr-157 on 9/5/24
Morteza Amiri
Sentenced to 84 months custody, 3 years supervised release concurrent with 23-cr-269 on 6/24/25
Amanda Theodosy a/k/a Nash
Sentenced to 3 months custody, 3 years supervised release 11/15/24
Samantha Peterson
Sentenced to time served, 3 years supervised release 4/24/24
Ernesto Mejia-Orozco
Sentenced to 3 months custody, 3 years supervised release on 9/19/24
Brauli Jalapa Rodriguez
Sentenced to 3 months custody, 3 years supervised release on 10/25/24
Obstruction23-cr-00267
18 U.S.C. §§ 1519 (Destruction, Alteration, and Falsification of Records in Federal Investigations); 1512(c)(2) (Obstruction of Official Proceedings); 242 (Deprivation of Rights Under Color of Law)
Timothy Manly Williams
Pleaded guilty 11/28/23, status conference 8/19/25
Anabolic Steroid Distribution23-cr-00268
21 U.S.C. §§ 846 (Conspiracy to Distribute and Possess with Intent to Distribute Anabolic Steroids), 841(a)(1), and (b)(1)(E)(i) (Possession with Intent to Distribute Anabolic Steroids)
Daniel Harris
Pleaded guilty 9/17/24, status conference 8/19/25
21 U.S.C. §§ 846, 841(a)(1), and (b)(1)(E)(i) (Conspiracy to Distribute and Possess with Intent to Distribute Anabolic Steroids);18 U.S.C.§ 1519 (Destruction, Alteration, and Falsification of Records in Federal Investigations)
Devon Wenger
Convicted at trial 4/30/25, sentencing pending
Civil Rights23-cr-00269
18 U.S.C. §§ 241 (Conspiracy Against Rights), 242 (Deprivation of Rights Under Color of Law); § 1519 (Destruction, Alteration, and Falsification of Records in Federal Investigations)
Morteza Amiri
Sentenced to 84 months custody, 3 years supervised release concurrent with 23-cr-264 on 6/24/25
18 U.S.C. §§ 241 (Conspiracy Against Rights), 242 (Deprivation of Rights Under Color of Law)
Eric Rombough
Pleaded guilty 1/14/25, status conference 8/19/25
18 U.S.C. §§ 241 (Conspiracy Against Rights), 242 (Deprivation of Rights Under Color of Law)
Devon Wenger
Trial 8/4/25
Anabolic Steroid Distribution24-cr-00157
21 U.S.C. §§ 841(a)(1) and (b)(1)(E)(i) (Possession with Intent to Distribute Anabolic Steroids)
Patrick Berhan
Sentenced to 30 months custody, 2 years supervised release concurrent with 23-cr-264 on 9/5/24
U.S. Marshals and Contra Costa County Sheriff’s Deputies on the scene of the arrest of Timothy Demetrius “Boo” Jeffrey on Almondwood Drive in Antioch on Wed., March 27, 2024. He was prosecuted by the U.S. Attorney and convicted on March 12, 2025. Herald file photo.
Timothy Demetrius “Boo” Jeffrey attempted to sell assault rifle, faced up to 15 years
By U.S. Attorney’s Office, Northern District of California
SAN FRANCISCO – Timothy Demetrius Jeffrey, aka “Boo,” 44, of Antioch, Calif., was sentenced today to 92 months in federal prison, following his conviction on March 12, 2025, by a federal jury on two counts of being a felon in possession of a firearm and ammunition. Senior U.S. District Judge William H. Alsup handed down the sentence. Judge Alsup also sentenced Jeffrey to concurrent 24-month terms for violating the terms of his supervised release in two other federal cases.
According to court documents and evidence presented at trial, on April 25, 2023, Jeffrey drove into a shopping plaza parking lot in Pittsburg, CA, parked, and fled on foot from a pursuing police officer. Jeffrey threw a Glock 9mm semi-automatic pistol with an extended magazine and 19 rounds of ammunition over a fence behind the shopping plaza before he was arrested.
Jeffrey posted bond after his arrest but absconded soon thereafter. Following an investigation by the Contra Costa County Sheriff’s Office and the United States Marshals Service, law enforcement officers located Jeffrey at a relative’s home in Antioch on March 27, 2024. After U.S. Marshals arrested Jeffrey, the Contra Costa County Sheriff’s Office executed a search warrant at the residence, where deputies located and seized an Aero Precision AR-style rifle with a magazine and 25 rounds of ammunition from under a couch in the living room. They also seized a cell phone that had been used by Jeffrey. The phone contained multiple text messages in which Jeffrey attempted to sell the AR rifle and sent a photo of it.
At the time of his April 2023 and March 2024 arrests, Jeffrey was on federal supervised release following past felony convictions for being a felon-in-possession of a firearm, escape from custody, and conspiracy and possession with intent to distribute a controlled substance.
Judge Alsup also found that enhancements were appropriate under the U.S. Sentencing Guidelines (i) due to Jeffrey’s obstruction of justice resulting from perjury during his trial testimony; and (ii) because one of the guns Jeffrey possessed had previously been stolen.
United States Attorney Craig H. Missakian and Bureau of Alcohol, Tobacco, and Firearms (ATF) Acting Special Agent in Charge Alex Buenaventura made the announcement.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department of Justice launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Assistant U.S. Attorney Aseem Padukone prosecuted this case with the assistance of Claudia Hyslop, Nina Burney, and Yenni Weinberg. The prosecution is the result of an investigation by the ATF, the United States Marshals Service, the Pittsburg Police Department, and the Contra Costa County Sheriff’s Office.
Former Antioch Police Officer Devon Wenger was found guilty by a jury on April 30, 2025. Herald file photo
Convicted April 30, Devon Wenger claims innocence,calls them “bogus charges against me,”awaits sentencing, suing APDfor retaliation, discrimination, hostile workplace harassment
Also faces trial in July for deprivation of rights under color of law
All part of FBI investigation of multiple Antioch, Pittsburg police officers
OAKLAND – A federal jury on April 30, 2025, convicted former Antioch police officer Devon Wenger of one count of conspiracy to distribute and possess with the intent to distribute anabolic steroids and one count of obstruction of justice. The jury’s verdict follows a three-day trial before Senior U.S. District Judge Jeffrey S. White.
Wenger, 33, was previously employed as a police officer with the Antioch Police Department. According to court documents and evidence presented at trial, Wenger conspired with Daniel Harris, who was at the time also a police officer with the Antioch Police Department, to distribute anabolic steroids to a third individual, and then deleted evidence of this conspiracy from his cellular phone.
“Instead of upholding the law, as he swore an oath to do, Devon Wenger conspired with a fellow officer to sell illegal anabolic steroids. When the FBI arrived at his home to investigate him, he then doubled down by destroying evidence of his crime. Crimes like these by a police officer have a corrosive effect on the public’s trust in law enforcement. Thanks to today’s jury conviction, Mr. Wenger will now face sentencing for his violations of law,” said Acting United States Attorney Patrick D. Robbins.
“When Devon Wenger broke the law and then tried to cover his tracks, he didn’t just commit a crime — he betrayed the trust of the community he was sworn to serve. After learning the FBI was outside his home with a search warrant, he chose to delete evidence rather than come clean. That kind of misconduct corrodes public confidence in law enforcement,” said FBI Special Agent in Charge Sanjay Virmani. “Today’s guilty verdict makes clear that the FBI will hold accountable anyone who abuses the authority and responsibility of public service.”
According to the evidence presented at trial, in February 2022, Wenger set up the sale of anabolic steroids, a Schedule III controlled substance, between Harris and a third individual. Harris was also charged in this case and pleaded guilty to his role in the conspiracy on Sept. 17, 2024. Law enforcement officials seized the package of anabolic steroids destined for Harris before they arrived, although Wenger continued to communicate with Harris about supplying the third individual with anabolic steroids, including offering to give this individual some of Wenger’s own while they waited for the delayed package.
On March 23, 2022, at 8:03 a.m., the Federal Bureau of Investigation (FBI) began calling and sending text messages to Wenger telling him that they were outside of his residence with a warrant. It was not until 9:00 a.m. that Wenger appeared for the FBI to seize Wenger’s cellular phone. Later forensic examination of that device showed that specific entries related to the anabolic steroid distribution conspiracy had been deleted: specifically, all text messages between Wenger and Harris, all text messages between Wenger and the third individual he was trying to supply with steroids, the contacts for both Harris and the third individual, and recent call log entries for Wenger’s most recent phone calls with the third individual.
The jury convicted Wenger of all counts charged in this case: one count of conspiracy to distribute and possess with the intent to distribute anabolic steroids in violation of 21 U.S.C. §§ 846, 841(a)(1), and (b)(1)(E)(i) and one count of destruction, alteration, or falsification of records in federal investigations (obstruction of justice) in violation of 18 U.S.C. § 1519.
Wenger is scheduled to appear on May 6, 2025, for a hearing on whether to remand him to custody pending sentencing. He faces a maximum sentence of 10 years in prison on the conspiracy to distribute anabolic steroids count and 20 years in prison on the obstruction of justice count. Any sentence will be imposed by the Court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
The case is being prosecuted by the National Security & Special Prosecutions Section and the Oakland Branch of the United States Attorney’s Office. This prosecution is the result of an investigation by the FBI and the Office of the Contra Costa County District Attorney.
Faces Trial for Separate Charges of Deprivation of Rights Under Color of Law
Separately, Wenger appeared before Senior U.S. District Judge Jeffrey S. White on May 6, 2025, for a status conference in United States v. Wenger, 23-cr-00269, which charges Wenger with one count of conspiracy against rights in violation of 18 U.S.C. § 241 and one count of deprivation of rights under color of law in violation of 18 U.S.C. § 242. The United States v. Wenger, 23-cr-00269 case is set for trial on July 21, 2025.
Wenger Claims Innocence, Suing APD
When asked for a response, Wenger wrote, “Unfortunately I cannot give a full statement. This is all I can say, I am innocent. I am a whistleblower facing a whistleblower retaliation prosecution to silence me. I am being framed on fabricated and tampered evidence. Yes, the FBI and the US Attorneys on this case have fabricated and tampered with evidence, in addition to misrepresenting evidence and even lying to the court, and the public. They have been gone so far as to manipulate and suppress the documents that prove this (including exculpatory evidence) in the metadata data of their own discovery documents in order to push their false narrative. The truth will surface. That’s all I can say.
“If you have any further questions, please contact my mom. She has all of the proof and evidence to validate my claims.
“In addition to this we have filed a civil lawsuit against APD which outlines everything they put me through which led to these bogus charges against me.”
After reading the above information from the DOJ’s press release, Wenger offered additional comments. He replied that the article, “got a lot of it wrong in regards to the ‘crimes’ but that’s to be expected as the government is saying things that are flat out not true.
Christ is my lamp guiding me through this valley of shadows. The truth will surface and you will see it.”
“Despite what the government is falsely boasting nationwide about me I never have had anything to do with steroids. Never took them, never possessed them, and sure as heck never conspired to distribute them. I took PEPTIDES, gonadorelin to be specific. It’s legal and NOT a steroid. I took the peptides to recover from COVID, COVID almost killed me and had me in a hospital bed and left my body in shambles. I still feel the effects of it to this day and will never fully recover. The FBI even seized gonadorelin and numerous other peptides failed to disclose that.
“The case was built on a package that belonged to Daniel Harris which was intercepted and tampered with by the FBI as outlined in the motion I sent you. This package contained peptides and the FBI added steroids when they tampered with it confirmed by the weight difference when the package was originally shipped up to just prior to the seizure by the FBI and when the FBI listed different box measurements and a different weight in their report when they searched the package days after they intercepted it. Again, this is covered in the motion I sent you.
“Daniel and the ‘third party’ Brendon Mahoney were contacting each other directly, I had no knowledge what they were talking about. I assumed Brendon was purchasing the same peptide I purchased from Dan. However, I was never involved with any agreement nor any exchange of money or anything at all. I offered to pick up mahoney’s peptides since we all lived in different states and Mahoney and I would see each other at national guard drill, that’s it. The government is misrepresenting vague text messages to try and falsely claim I had steroids when I never did. I was not aware of Dan’s nor Mahoney’s conduct nor conversations. The government was aware of all of this, as I told them what I took was legal and they still misrepresented this to the court, the jury, and the people.
“My phone was illegally seized by the FBI and DAI Wallace / DAI Holcomb. It was never a ‘joint’ investigation, it was federal the whole time confirmed by internal FBI communications that they tried to hide from my lawyers and I. DAI Wallace and Holcomb were assigned to the federal agency acting as de facto federal agents, t put it simply they were acting as federal agents not, state ones. Wallace also fabricated the ‘anonymous letters’ the Pittsburg Police Department received and fabricated evidence to back legally seizing my phone.
“Additionally, FBI N-DEx (National Data Exchange) agents seized and searched my phone without any federal warrant and manipulated my phone settings and deleted many things off of my phone including signal messages since they were set to auto delete prior to my phone being forensically imaged. The federal prosecutors intentionally misrepresented this to the jury, claiming it was me and thus, they charged and convicted me with destruction of evidence. Additionally, they served the warrant at the wrong house. I had to drive to them to surrender my phone. I was complaint the whole time and even gave them an interview where I told them what I took was legal.
“Additionally, the government falsely claimed I deleted contacts and Venmo contacts from my phone, yet that is not true. These contacts and Venmo contacts remain in my phone to this day. They never left. Now, my phone was backed up to iCloud the night before the phone seizure and the government could have searched my iCloud and seen that I never deleted anything from my phone, yet they did not even though they seized everybody else’s iCloud. This is because they are pushing a false narrative.
“I encourage you to read the motion I sent you, for those who also want to read it, it’s on PACER. I forgive the prosecution, the FBI, APD, the DA’s office, and everybody involved in this. I wish them nothing but prosperity and long blessed lives with their families. I have no hate, only love. However, the truth will surface. God has a way of doing that. I encourage all involved to repent and seek Christ. Glory be to Christ as the only way to Salvation be through him. I am innocent, I am in fact being framed, and I am a whistleblower facing horrific whistleblower retaliation, but it is Christ who will carry me through this difficult time and reveal the truth.
“This isn’t even everything. The FBI and federal prosecutors manipulated the evidence in discovery as confirmation via the metadata of the discovery documents. They also are hiding exculpatory evidence under layers and layers of code so that my legal team and I are unable to access it. When they do provide evidence, it’s often under a protective order or heavily redacted so that I am unable to view it. What is happening here should shock and concern every single American. This should not be allowed, and the White House needs to be aware of what is occurring here.”
Charges Are Part of Larger FBI Investigation of Antioch, Pittsburg Police Officers
The charges against Wenger were brought as part of an investigation into the Antioch and Pittsburg police departments that resulted in multiple charges against 10 current and former officers and employees of these two police departments for various crimes ranging from the use of excessive force to fraud. The status of these cases, all of which are before Senior U.S. District Judge Jeffrey S. White, is below:
Sentenced to 30 months custody, 2 years supervised release concurrent with 24-cr-157 on 9/5/24
Morteza Amiri
Convicted at trial 8/8/24, remanded to custody pending sentencing, which is set for 6/3/25
Amanda Theodosy a/k/a Nash
Sentenced to 3 months custody, 3 years supervised release 11/15/24
Samantha Peterson
Sentenced to time served, 3 years supervised release 4/24/24
Ernesto Mejia-Orozco
Sentenced to 3 months custody, 3 years supervised release on 9/19/24
Brauli Jalapa Rodriguez
Sentenced to 3 months custody, 3 years supervised release on 10/25/24
Obstruction23-cr-00267
18 U.S.C. §§ 1519 (Destruction, Alteration, and Falsification of Records in Federal Investigations); 1512(c)(2) (Obstruction of Official Proceedings); 242 (Deprivation of Rights Under Color of Law)
Timothy Manly Williams
Pleaded guilty 11/28/23, status conference 8/19/25
Anabolic Steroid Distribution23-cr-00268
21 U.S.C. §§ 846 (Conspiracy to Distribute and Possess with Intent to Distribute Anabolic Steroids), 841(a)(1), and (b)(1)(E)(i) (Possession with Intent to Distribute Anabolic Steroids)
Daniel Harris
Pleaded guilty 9/17/24, status conference 8/19/25
21 U.S.C. §§ 846, 841(a)(1), and (b)(1)(E)(i) (Conspiracy to Distribute and Possess with Intent to Distribute Anabolic Steroids);18 U.S.C.§ 1519 (Destruction, Alteration, and Falsification of Records in Federal Investigations)
Devon Wenger
Convicted at trial 4/30/25, sentencing pending
Civil Rights23-cr-00269
18 U.S.C. §§ 241 (Conspiracy Against Rights), 242 (Deprivation of Rights Under Color of Law); § 1519 (Destruction, Alteration, and Falsification of Records in Federal Investigations)
Morteza Amiri
Convicted at trial 3/14/25 on counts 2 and 5, remanded to custody pending sentencing, which is set for 6/3/25
18 U.S.C. §§ 241 (Conspiracy Against Rights), 242 (Deprivation of Rights Under Color of Law)
Eric Rombough
Pleaded guilty 1/14/25, status conference 8/19/25
18 U.S.C. §§ 241 (Conspiracy Against Rights), 242 (Deprivation of Rights Under Color of Law)
Devon Wenger
Trial 7/21/25
Anabolic Steroid Distribution24-cr-00157
21 U.S.C. §§ 841(a)(1) and (b)(1)(E)(i) (Possession with Intent to Distribute Anabolic Steroids)
Patrick Berhan
Sentenced to 30 months custody, 2 years supervised release concurrent with 23-cr-264 on 9/5/24
Bank Fraud24-cr-00502
18 U.S.C. § 1344(1), (2) (Bank fraud)
Daniel Harris
Pleaded guilty 9/17/24, status conference 8/19/25
Source: U.S. Attorney’s Office Northern District of California
Coffee mug and cash allegedly used in the bribery scheme. Source: U.S. DOJ
Co-founder and son, a company VP, of DeNova Homes, developed Aviano project in Sand Creek area, Wildflower
Corporate attorney says company “not implicated”
Target, referred to as “he” and “him”, could be either former Mayor Hernández-Thorpe or Councilman Barbanica
“We are confident the facts will show that Dave is innocent, and that he was unfairly targeted,” – attorney Winston Chan
By Allen D. Payton
On Tuesday, April 22, 2025, the U.S. Attorney’s Office for the Northern District of California issued the following announcement about an indictment for alleged bribery of an Antioch Councilmember by the father and son, former and current, leaders of Concord-based DeNova Homes. The company developed the Aviano new home project in Antioch’s Sand Creek Area and The Pointe at Wildflower Station project overlooking the condominiums near the Hillcrest Avenue/Davison Drive and Deer Valley Road intersection. In addition, the Sansons’ Yellow Roof Foundation is coordinating with DeNova homes to pursue a smaller housing project on the north side of the city.
A two-count indictment was unsealed today charging property developers David Sanson and Trent Sanson with conspiracy and bribery in connection with offering to pay an Antioch City Councilmember $10,000 and later giving the Councilmember a company travel mug with $5,000 in cash, in exchange for favorable treatment for one of their development projects. The Councilmember reported the alleged bribe to the Federal Bureau of Investigation (FBI). Both defendants made their initial appearances in federal court this morning.
According to the indictment filed April 3, 2025, David Sanson, 60, of Philipsburg, Mont., is the owner and Chief Executive Officer of a home building and development company based in Concord, Calif., and his son, Trent Sanson, 33, of Walnut Creek, Calif., is the Vice President. The development company has a number of projects in Antioch and neighboring areas, including the Aviano project, a multi-phase 533-unit residential development project.
Dave Sanson is DeNova Homes’ Co-Founder and CEO Emeritus, and his son Trent Sanson is the company’s Vice President for Land Acquisition & Entitlements. Source: Yellow Roof Foundation
As alleged, the Antioch Engineering and Development Services Division indicated that the development company had not completed all of its required public infrastructure improvements and that Phase 3 of the Aviano project should not be deemed complete or approved by the City Council until those improvements were completed. As a result, the City of Antioch had not approved the release of bonds secured for the project. To get the Antioch Engineering and Development Services Division to affirm completion and release the bonds associated with the project, Trent Sanson allegedly contacted an Antioch City Councilmember via iMessage on May 29, 2024, stating that he wanted to discuss with the Councilmember issues that the development company was facing with the Antioch “Engineering department” on a number of projects, including Phase 3 of the Aviano project.
“The indictment describes a video-recorded meeting between the Councilmember and Trent Sanson on June 12, 2024, during which Trent Sanson allegedly stated that he wanted the Councilmember to place on the City Council agenda, and vote in favor of, “acceptance for Phase 3 at Aviano to release the completion and guarantee bonds . . . .” Trent Sanson allegedly stated that David Sanson was willing to pay the Councilmember $10,000 in exchange for the requested actions. A second video-recorded meeting took place on June 20, 2024, at which David Sanson allegedly paid the Councilmember $5,000 in cash concealed in a travel coffee mug branded with the logo of the Sansons’ development company.
“This indictment alleges that the defendants tried to bribe an Antioch City Councilmember to take favorable action on their real estate project and to evade having to make the public infrastructure improvements that the City required,” said Acting United States Attorney Patrick D. Robbins. “This case is another example of my Office’s commitment to working closely with our partners at the FBI to root out bribery and attempts to corrupt public office.”
“Attempting to bribe a public official is a blatant attack on the integrity of our government and the trust of the communities we serve,” said FBI Special Agent in Charge Sanjay Virmani. “The allegations in this case reflect a clear attempt to manipulate the system for personal gain. The FBI will continue to aggressively investigate and hold accountable anyone who seeks to corrupt public institutions through bribery or abuse of power.”
The defendants are next scheduled to appear in district court on June 12, 2025, for a status conference before U.S. District Judge Yvonne Gonzalez Rogers.
The indictment charges each defendant with one count of conspiracy to commit bribery in violation of 18 U.S.C. § 371 and one count of bribery concerning programs receiving federal funds in violation of 18 U.S.C. § 666(a)(2). The bribery count also includes an allegation that defendants aided and abetted one another in bribing the Antioch City Councilmember.
An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted, defendants each face a maximum sentence of five years in prison for the count under 18 U.S.C. § 371 and 10 years in prison for the count under 18 U.S.C. §§ 666(a)(2). Any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Assistant U.S. Attorneys Thomas R. Green and Benjamin K. Kleinman are prosecuting the case with the assistance of Amala James and Laurie Worthen. The prosecution is the result of an investigation by the FBI.
Two Former Councilmembers Respond
The two current and two former council members and former Mayor Lamar Hernández-Thorpe, who were serving during the time the alleged incidents occurred, were asked if they were aware of the indictment and if they were the unnamed councilmember. Former District 3 Councilwoman Lori Ogorchock said simply, “It wasn’t me,” and former District 2 Councilman Mike Barbanica responded, “I won’t comment on an active federal investigation. I took the same stance when I was on the council.”
No responses were received from Hernández-Thorpe nor District 1 and 4 Councilwomen Tamisha Torres-Walker and Monica Wilson.
DeNova Homes’ Chief Legal Officer Responds
Efforts to reach the Sansons were unsuccessful. But DeNova Homes, Inc.’s Chief Legal Officer, Dana Tsubota, responded with the following statement:
“DeNova Homes is aware of the legal matter involving our founder, Dave Sanson, and his son, Trent. While Mr. Sanson has been an important figure in the company’s history, he semi-retired in 2020 when he moved to Montana and he is no longer involved in the leadership or daily operations.
“Importantly, DeNova Homes is not implicated in the government’s investigation. DeNova remains financially sound and fully focused on delivering for our customers, partners, and communities without disruption.
“Under the leadership of President Ryan Parlett and our experienced executive team, DeNova continues its mission of building high-quality homes and supporting the communities we serve.”
According to the company’s website, Dave is a Co-Founder and CEO Emeritus, and according to theorg.com website, Trent is the company’s Vice President for Land Acquisition & Entitlements.
Source: U.S. DOJ
Indictment Claims Request Made “to place” Item “on the…Council agenda, and vote in favor”
The indictment claims, “TRENT SANSON and DAVID SANSON bribed the Councilmember during video recorded meetings, including a meeting at which TRENT SANSON offered the $10,000 bribe to the Councilmember and a subsequent meeting at which DAVID SANSON gave the Councilmember a travel coffee mug branded with the Development Company’s logo and name containing $5,000 in cash.”
The indictment includes quotes from the unnamed councilmember but uses the term “him” in reference in Section 17. Sections 15 through 17 lay out the allegations which read as follows:
June 12, 2024: T. SANSON Bribes the Councilmember
15. On or about June 12, 2024, T. SANSON met with the Councilmember and stated that he wanted the Councilmember to place on the Antioch City Council agenda, and vote in favor of, the following item: “A tract acceptance for Phase 3 at Aviano to release the completion and guarantee bonds ….” T. SANSON asked the Councilmember for the Councilmember’s assistance and vote in the hopes that the Antioch City Council would approve release of the bond and effectively override the Antioch Engineering and Development Services Division’s position that further work was required by the Development Company to complete its obligations on Phase 3 of Aviano.
16. In exchange for the Councilmember’s actions, T. SANSON told the Councilmember that he spoke with his father, D. SANSON, in advance of the meeting, and D. SANSON was “willing” to pay the Councilmember $10,000. T. SANSON stated, “[YJou’re not going to see anything directly, but Dave will be doing something for you[.]” T. SANSON then added, “I don’t know if it’s an IE or through a PAC because we … can give to a PAC and then the PAC isn’t limited, you know what I mean?” Shortly thereafter, T. SANSON reiterated, “I’m pretty sure we’ll go through one of the PACs.” T. SANSON ultimately told the Councilmember that he’d check with D. SANSON to determine if they could pay $5,000 to the Councilmember’s IE account and $5,000 in cash. T. SANSON stated that the split “sounds fair.” The Councilmember informed the FBI of the bribe offer by T. SANSON.
Mentions “the primary” and “the general” Elections; Refers to Councilmember as “He” and “Him”
Upon reading the indictment, the terms “he” and “him” are used to describe the unnamed councilmember.
June 20. 2024: D. SANSON Pays the Bribe Initiated bv T. SANSON
17. On or about June 20, 2024, D. SANSON met with the Councilmember. During the meeting, D. SANSON told the Councilmember, “Anyways, Trent called me and told me that he met with you last week, and 1 told him OK let me take care of it. 1 don’t want you involved.” D. SANSON thanked the Councilmember for meeting with him, stating, “1 know it was last minute, but this had to be done in person.” D. SANSON informed the Councilmember that he’d been in touch with the political consultant running the Councilmember’s IE, stating, “[That’s all still on track for round two. We did it during the primary, and now for the general – we’re back committed to supporting you and all that. So, 1 just want you to know that’s happening – that it’s not just a false commitment or anything like that; and then Trent told me you needed a little extra shot.” D. SANSON then handed the Councilmember a travel coffee mug branded with the Development Company insignia, which contained $5,000 in cash. The Councilmember informed D. SANSON that he had a detailed conversation with T. SANSON, and that he understood what D. SANSON and T. SANSON were asking him to do. D. SANSON replied, “Yeah – Phase 3,” and reiterated, “the project has been finished.” The Councilmember informed the FBI of D. SANSON’s bribe and gave the money to the FBI.
In response to a request for comment, Dave Sanson’s attorney Winston Chan of the San Francisco office for the Gibson Dunn & Crutcher law firm denied the accusations against the developer.
“My client Dave Sanson is a respected business leader and philanthropist with a 30-year track record of building homes and supporting communities across Northern California.
We are reviewing the government’s allegations closely and caution against any rush to judgment based on mere allegations that present a one-sided story. We are confident the facts will show that Dave is innocent, and that he was unfairly targeted without cause to be dragged out of near retirement from out-of-state, to be trapped into a web of deceit manufactured to ‘take down’ Dave and his family by a controversial local politico, whose own suspect personal motivations we look forward to exposing.
It’s incredibly disappointing that Dave’s reputation—built on a decades-long career of creating opportunities for residents of cities like Antioch, that have struggled for years to keep up with housing needs and other challenges—is being dragged through the mud.
Dave and our team look forward to addressing this matter in court.”
Unnamed Councilmember Could Be Either Hernández-Thorpe or Barbanica
While only the mayor has the authority to place items on a city council meeting agenda, Barbanica was the only candidate of the five incumbent council members, last year, who ran during both the primary and general elections for the County Board of Supervisors. So, the “him” could refer to either one.
Sanson company contribution to Thorpe’s #Beat the Karen Recall committee made on Jan. 14, 2022. Source: Thorpe committee Form 460
Recall Campaign Contribution from Sanson Company to Hernández-Thorpe in 2022
During the effort to recall Hernández-Thorpe in 2022, the then-mayor’s campaign committee received a $10,000 contribution from another of the Sansons’ companies, Civic Park Properties, Inc. State law has since changed and the maximum contribution a developer who has business before a local agency can contribute to one of its elected members is $250.
No Contributions to Either Hernández-Thorpe, Barbanica or IE Committee Supporting Either in 2024
But a search of Form 460 campaign finance reports showed no contributions could be found of any amount over $100 from either of the Sansons, DeNova Homes or their companies that were made last year to either Hernández-Thorpe’s re-election committee, Barbanica’s campaign committee or the independent expenditure (IE) committee supporting Barbanica’s election entitled, “Citizens for a Safer Contra Costa County Supporting Mike Barbanica for Supervisor 2024, Sponsored by Contra Costa County Deputy Sheriff’s Association, ID #1347607.” In addition, no IE committee supporting Hernández-Thorpe’s re-election could be found in a search on the City Clerk’s or California Secretary of State’s campaign reporting websites.
Political Consultant Who Handled IE Supporting Barbanica’s Home Raided by FBI
Last month, according to news reports, Mary Jo Rossi, a longtime political consultant in Contra Costa County, whose company, Rossi Communications, was paid by the IE committee of the Deputy Sheriff’s Association supporting Barbanica, had her home raided by the FBI.
Laura Stephens of Stephen Company, the treasurer for the committee confirmed Rossi was its paid consultant. But whether the raid was related to the investigation into the alleged bribery is unclear.
Sansons Have History of Serving the Community
Dave Sanson, and his wife Lori, have a history of giving back to the communities in which DeNova has done business, and founded the Yellow Roof Foundation to provide low-income housing to facilitate their efforts. The organization helped open a new home development with four rentals in Oakley in December and is pursuing another, 143-unit housing project, which will include six affordable rental units, located between E. 18th Street and Wilbur Avenue on the north side of Antioch.
The Sansons are most likely best known to the public for their 2004 work on the ABC-TV “Extreme Makeover: Home Edition” project in which they led a team of 1,200 volunteers “to tear down and rebuild a two-story home in Martinez. It was done for a 17-year-old “teen, who suffers from a rare degenerative disorder, had been forced to move out of her home because her fragile immune system would not tolerate its mold issues.”
According to Builder Magazine, the pair received the 2017 Hearthstone BUILDER Humanitarian Award.
Dave and Trent serve on the foundation’s board of directors.
Former Antioch Police Officer Morteza Amiri was convicted by a jury on Friday, March 14, 2025. Photo: Antioch PD
Morteza Amiri faces up to 20 years in prison
By U.S. Attorney Northern District of California
OAKLAND – A federal jury today convicted former Antioch police officer Morteza Amiri of one count of deprivation of rights under color of law and one count of falsification of records. The jury’s verdict followed an eight-day trial before Senior U.S. District Judge Jeffrey S. White.
Amiri, 33, was previously employed as a police officer with the Antioch Police Department. According to court documents and evidence presented at trial, Amiri, a K-9 handler, deployed his K-9 to bite suspects even when it was not necessary. Amiri kept a running bite count that he celebrated with other officers. Amiri also took photographs of the dog bites and shared them with other officers, stating in one text message that “gory pics are for personal stuff” and “cleaned up pics for the case.”
“Morteza Amiri violated the oath he swore to protect the people of Antioch. He flouted his duty as a police officer, misused his police dog, and inflicted unnecessary and excessive force against the victim. This appalling conduct erodes public trust in law enforcement. And it weakens law enforcement’s ability to carry out its primary mission of public safety. As today’s jury verdict makes clear, officers who put themselves above the law will be held accountable,” said Acting U.S. Attorney Patrick D. Robbins.
“Today’s guilty verdict against Morteza Amiri sends a clear message: no one is above the law, especially those sworn to uphold it. Amiri’s actions betrayed the trust of the community and undermined the integrity of law enforcement,” said FBI Special Agent in Charge Sanjay Virmani. “The FBI remains committed to holding accountable any officer who violates their oath and deprives citizens of their constitutional rights. The people of Antioch, and communities everywhere, deserve better.”
According to the evidence at trial, on July 24, 2019, Amiri pulled over and stopped a bicyclist identified as A.A., who, according to Amiri, did not have his bicycle light on. Amiri approached A.A., punched and took the victim to the ground, and then called for his K-9 to bite the victim. As a result, A.A. sustained injuries. At the time, Amiri was accompanied by a police officer with a neighboring agency as a ride-along, and that officer assisted with the deployment of the K-9. Afterwards, Amiri shared pictures of the victim’s wounds with other Antioch police officers. One officer responded, “Yeah buddy good boy,” referring to the K-9, and “Lol you bit [A.A.].” In response to a question from another officer about what cut the dog’s face, Amiri responded, “that’s a piece of the suspect’s flesh lol.”
Amiri later wrote to the officer who accompanied him on the ride-along, “you got to see [the K-9] in action lol,” and stated that detectives got the victim “a 45-day violation and we are gonna leave it at that so i don’t go to court for the bite. Easy,” referring to the victim going into custody for a parole/probation violation. Amiri then falsified a police report of the incident, stating that one of the reasons he deployed his K-9 was because he was alone, when instead the ride-along police officer was with him at the time and had helped Amiri deploy the K-9.
The jury convicted Amiri of one count of deprivation of rights under color of law in violation of 18 U.S.C. § 242 and one count of falsification of records in a federal investigation in violation of 18 U.S.C. § 1519. The jury acquitted Amiri of one count of conspiracy against rights in violation of 18 U.S.C. § 241 and two counts of deprivation of rights under color of law, in violation of 18 U.S.C. § 242.
Amiri was previously convicted of conspiracy to commit wire fraud and wire fraud following a jury trial in August 2024.
Amiri is scheduled to appear on March 18, 2025, for a hearing on whether to remand him to custody pending sentencing, and on June 3, 2025, for sentencing. He faces a maximum sentence of 10 years in prison on the count of deprivation of rights under color of law and 20 years in prison on the count of falsification of records. Any sentence will be imposed by the Court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
The case is being prosecuted by the National Security & Special Prosecutions Section and the Oakland Branch of the United States Attorney’s Office. This prosecution is the result of an investigation by the FBI and the Contra Costa County District Attorney’s Office.
These civil rights charges against Amiri were brought as part of an investigation into the Antioch and Pittsburg police departments that resulted in multiple charges against 10 current and former officers and employees of these two police departments for various crimes ranging from the use of excessive force to fraud. The status of these cases, all of which are before Senior U.S. District Judge Jeffrey S. White, is below:
U.S. Marshals and Contra Costa County Sheriff’s Deputies on the scene of the arrest of Timothy Demetrius “Boo” Jeffrey on Almondwood Drive in Antioch on Wed., March 27, 2024. He was prosecuted by the U.S. Attorney and convicted on March 12, 2025. Herald file photo.
Timothy “Boo” Jeffrey attempted to sell an assault rifle; became fugitive, later captured by U.S. Marshals and Contra Costa Sheriff’s Deputies; faces 15 years in prison
By U.S. Attorney’s Office, Northern District of California
SAN FRANCISCO – On Wednesday, March 12, 2025, a federal jury found Timothy Demetrius Jeffrey, aka “Boo,” 44, of Antioch, Calif. (born 4/24/80), guilty of two counts of being a felon in possession of a firearm and ammunition, following a trial before Senior U.S. District Judge William Alsup.
According to court documents and evidence presented at trial, on April 25, 2023, a Pittsburg Police Department officer attempted to stop the vehicle that Jeffrey was driving. Jeffrey drove into a shopping plaza parking lot, parked, exited the car, and fled on foot away from the officer. Jeffrey threw a Glock 9mm semi-automatic pistol with an extended magazine and 19 rounds of ammunition over a fence behind the shopping plaza before he was arrested.
Jeffrey became a fugitive soon after his arrest, and his whereabouts were unknown until an investigation by the Contra Costa County Sheriff’s Office and the United States Marshals Service led law enforcement to suspect Jeffrey’s presence at a relative’s home in Antioch. On March 27, 2024, the United States Marshals Service surveilled the address and spotted Jeffrey entering the home. U.S. Marshals arrested Jeffrey, after which the Contra Costa County Sheriff’s Office executed a search warrant at the residence.
Sheriff’s deputies located and seized an Aero Precision AR-style rifle with a magazine and 25 rounds of ammunition from under a couch in the living room. They also seized a cell phone that had been used by Jeffrey. The phone contained multiple text messages in which Jeffrey attempted to sell the AR rifle and sent a photo of it.
At the time of his April 2023 and March 2024 arrests, Jeffrey was on federal supervised release following past felony convictions for being a felon-in-possession of a firearm, escape from custody, and conspiracy and possession with intent to distribute a controlled substance.
“The defendant, a convicted felon, not only possessed a semi-automatic pistol and assault rifle but also attempted to sell the rifle on the black market. His actions endangered the community, and law enforcement’s work on this case helped prevent this deadly weapon from falling into the wrong hands,” said Acting United States Attorney Patrick D. Robbins. “We will continue to work with our local, state, and federal partners to combat the presence of illegal firearms in our communities.”
“ATF works closely with our partners to track the illegal movement of firearms,” said Special Agent in Charge Jennifer Cicolani, San Francisco Field Division, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). “The defendant is a convicted felon who attempted to illegally sell firearms. ATF will continue to work side by side with our law enforcement and prosecutorial partners to ensure that our communities are safe. We will continue to focus on reducing gun violence by disrupting illegal firearms trafficking and ensuring that firearms stay out of the hands of prohibited persons.”
Jeffrey was convicted of two counts of being a felon in possession of a firearm and ammunition in violation of 18 U.S.C. § 922(g)(1). His sentencing is scheduled for May 28, 2025. The defendant faces a maximum statutory sentence of 15 years in prison and a $250,000 fine for each count. Any sentence will be imposed by the Court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department of Justice launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Assistant U.S. Attorney Aseem Padukone and Special Assistant United States Attorney Jillian Harvey are prosecuting this case, with the assistance of Claudia Hyslop, Nina Burney, and Yenni Weinberg. The prosecution is the result of an investigation by the ATF, the United States Marshals Service, the Pittsburg Police Department, and the Contra Costa County Sheriff’s Office.
In addition to the two aforementioned arrests, according to localcrimenews.com, the five-feet, eleven-inch tall, 200-pound Jeffrey is Black and was previously arrested on Feb. 29, 2016, by the Alameda County Sheriff’s Department for federal (21 U.S. Code Section 846) attempt and conspiracy charges and again on Nov. 16, 2020, by Alameda County Sheriff’s Department for unspecified charges. He was also arrested in Jan. 2010 by the Contra Costa Sheriff’s Department for vehicle theft.
