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The Contra Costa County District Attorney’s Office last week filed a motion conceding that racial bias was involved when Antioch police arrested four men in 2021 for two alleged gang-related murders.

The disclosure was made public at a hearing Friday in Contra Costa County Superior Court in Martinez on a motion by attorneys for the four men, saying the arrests violated the California Racial Justice Act, which blocks prosecutors from seeking a conviction based on race, ethnicity or national origin.
Judge David Goldstein ruled the District Attorney’s Office concession allowed the officers to avoid testifying at Friday’s hearing.
Goldstein ruled the case will now move to the remediation portion of the motion, with the next hearing set for Sept. 8.
Goldstein denied defense attorney Carmela Caramagno’s motion to hear more evidence Friday and to keep the officers under subpoena, but without prejudice — meaning she can subpoena them again for the next phase of the case.
Antioch police arrested 22-year-old Terryonn Pugh, 23-year-old Eric Windom, 24-year-old Keyshawn McGee and 22-year-old Trent Allen in 2021 for two alleged gang-related murders. All four of the Black defendants remain in custody and were present at Friday’s hearing.
At least 10 Antioch and Pittsburg police officers were recently indicted by the U.S. Department of Justice on charges including improper use of weapons and a police dog on suspects, civil rights violations, falsifying records, wire fraud, obstruction of justice, turning off body cameras, selling steroids, and paying individuals to take college classes for officers.
The Contra Costa County District Attorney’s Office is also charging officers from both cities with obstruction of justice and bribery for fixing traffic tickets for friends.
“It’s my understanding that all the officers involved (in the 2021 arrests) have been indicted,” Goldstein said.
Goldstein said it’s also his understanding that during the remediation phase of the case, he can’t outright dismiss the murder charges against the four men. He said he can dismiss enhancements and reduce charges but wants defense attorneys to prepare to argue how and why he can legally do so.
Goldstein also told prosecutor Jordan Sanders to be able to present enough evidence at the next hearing to convince him the full prosecution of the four men can move ahead, despite the District Attorney’s Office concession of officers’ bias. Sanders said it was a “Catch-22,” because “by showing (the defense) that, I’m showing them what I can prove, or what I can’t prove.”
Nevertheless, Goldstein said, “You’re going to want to convince me.”
During the FBI and District Attorney’s Office investigations, racist and homophobic text messages involving as many as 45 Antioch police officers were made public.
Defense attorneys for the four men at Friday’s hearing have said some of their clients were mentioned in the text messages. The texts, which used racist and homophobic language and described violence against suspects, also included slurs and threats against former police chief Steven Ford and Antioch Mayor Lamar Thorpe, both of whom are African American.




While it was in poor taste for the officers to be communicating in a racist manner, they were under ongoing stress and pressure to apprehend and arrest the four alleged gang murderers.
The California Racial Justice Act, which blocks prosecutors from seeking a conviction based on race, ethnicity or national origin amounts to a convenient escape clause if the suspects happen to be people of color.
On the other hand, the 10 Antioch and Pittsburg police officers recently indicted by the U.S. Department of Justice on charges including improper use of weapons and a police dog on suspects, civil rights violations, falsifying records, wire fraud, obstruction of justice, turning off body cameras, selling steroids, and paying individuals to take college classes for officers should be prosecuted to the fullest extent of the law.
The California Racial Justice Act was implemented to curtail the wrongful prosecution of black people who are wrongfully arrested and convicted because of their skin color.
DAs now have discretion whether to pursue cases against innocent African Americans and to dismiss arrests perpetrated by overzealous police officers.
Governor Newsom has signed and endorsed this measure along with the American Civil Liberties Union.
Hopefully law enforcement will think twice prior to arresting African Americans who have been venerable victims of racist police policies
“…the arrests violated the California Racial Justice Act, which blocks prosecutors from seeking a conviction based on race, ethnicity or national origin.”
^ Does this statute lessen the charges for murder if the suspects are African American and it is shown that the police were privately disparaging them over the radio?
This does not make sense. Isn’t everyone entitled to their opinion and as long as the suspects weren’t physically abused by the police upon arrest, why should the charges be reduced?
The police should not be voicing their personal bigotries while pursuing African American suspects. It is disrespectful and unfairly biased towards the entire African American community.
Governor Newsom understands the harm of these race-biased affronts as does the Contra Costa County DAs Office who will be seeking to reduce both the murder charges and subsequent sentencing.
Words can hurt and law enforcement needs to be more sensitive towards all suspects of color.
Contra Costa County is fortunate to have DA Diana Becton at the helm.
Ms. Becton is an staunch defender of civil rights and an intrepid prosecutor of police-related improprieties.
While other progressive district attorneys have come and gone, it is refreshing to know that the majority of Contra Costa County voters and residents support her prosecutorial positions and humanitarian perspectives.
Keep up the good work.
The police must be held accountable for their wrongful actions, no different than ordinary citizens.
There is no place in law enforcement for racist police officers.
It is one thing to discourage and curtail racial bias on the part of police officers.
It is another to simply look the other way just because the perpetrator happens to be a person of color.
Governor Newsom, Ms. Becton, and other progressive DAs are addressing recurrent criminal activity with blinders on.
I imagine that most of us here strongly believe that any perpetrator regardless of color should be arrested and prosecuted to the fullest extent of the law.
That said, racial bias should not be a factor.
The police have a duty and responsibility to treat all suspects with dignity and respect because they are innocent until proven guilty in a court of law.
We should never overlook this premise of American jurisprudence.