Antioch

DA drops felony charges over investigators' role in Antioch police racist texts

The DA dismissed felony charges against two men accused of mutilating and burning a body near an Antioch trail in October 2022

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A texting scandal involving the Antioch Police Department has apparently let two felony suspects off the hook this week, at least temporarily. 

The Contra Costa County District Attorney's Office said Wednesday it dismissed felony charges against two men accused of mutilating and burning a body near an Antioch trail in October 2022. 

Ashton Montalvo and Deangelo Laraye Boone, who were 32 and 39 at the time, faced arson and mutilation charges in the death of 25-year-old Mykaella Sharlman. 

Prosecutors said Wednesday that the case couldn't proceed to trial because it "relied heavily on the investigative work of Antioch Police Officers who are associated with racist text communications."

Sharlman's body was discovered Oct. 17 on the Mokelumne Trail near Gentrytown Drive. 

“I will never get over them picking my child up out of that thing and loading her in there and I didn’t even know that was her,” said Sandra Dempsey, Sharlman's mother, who is still reeling from the pain of losing her daughter.

“After thoroughly reviewing the officers' role in this case, applying relevant legal principles, and considering ethical responsibilities, the Contra Costa District Attorney's Office no longer has confidence in the integrity of this prosecution," the DA's office said. "Our office extends our deepest sympathies to the family of Mykaella Sharlman and we aspire to renew this prosecution if presented with the opportunity to do so."

The DA's office said it can still refile criminal charges against Montalvo and Boone if new evidence is developed.

“It’s unexplainable, who would do something like this? and this is the way it is,” said Dempsey.

The Antioch Police Department has been under investigation by the FBI and the Contra Costa County District's Attorney's Office for more than a year over alleged civil rights violations.   

“My sympathies are absolutely with the family,” said Annie Esposito, the assistant district attorney for Contra Costa County.

She says they’re currently reviewing pending court cases and that review involves more than just looking at the individual actions of each officer in each case.

“It is looking at the totality together of what influenced and overall influence of all of the department that was involved in the case,” said Esposito.

Sharlman's sister Nicole Eason is also sad and angry that the prosecution of two men tied to her sister's death is now being vacated because of the police scandal.

She believes the evidence presented during preliminary hearings, including surveillance video of the crime, clearly links these suspects to her sister's death.

“I believe they’re appeasing a community by dismissing a case, but they haven’t done their due diligence of scrutinizing evidence,” said Eason.

The state attorney general's office has also opened an investigation, and at least two local members of Congress have asked the U.S. Department of Justice to investigate.  

At least three lawsuits have been filed against the city in association with the scandal, which involves at least 45 officers -- 16 in management positions -- who were part of racist and homophobic text message chains. Messages also included threats of violence against people of color, including at least one against Antioch Mayor Lamar Thorpe.

An unknown number of officers have been suspended while the investigations continue.

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