A Northern California judge is set to determine if racist text messages exchanged among Antioch Police Department officers violate a state law designed to eliminate racial bias within the criminal justice system. The texts, revealed in April by the Contra Costa County District Attorney's office, contain derogatory, homophobic, and sexually explicit language, with officers boasting about fabricating evidence and assaulting suspects.

Defense lawyers argue that their clients, two of whom are mentioned in the released messages, were unfairly targeted due to their race. They cite the state's Racial Justice Act, which prohibits convictions and sentences based on race, ethnicity, or national origin. In May, Judge David Goldstein dismissed gang charges against all four defendants after data revealed a disproportionate targeting of Black individuals by county prosecutors with enhancements leading to extended sentences.

Five officers involved in the text exchange, currently on injury leave, are not expected to testify. Antioch Police Chief Steven Ford, who is also subpoenaed, recently announced his retirement after just a year in the position, offering no explanation for his departure. Mayor Lamar Thorpe expressed disappointment, commenting on the disheartening nature of the officers' language.

The defense attorneys representing the four men accused of murder and attempted murder in a 2021 drive-by shooting subpoenaed the officers to explain their texts. Two of the defendants, Trent Allen and Terryon Pugh, were specifically targeted in the messages, with officers making jokes about assaulting them and sharing photos of their injuries. However, the officers' unavailability raises concerns about accountability.

The Antioch Police Department, serving a diverse community of 115,000, has identified at least 17 officers involved in the texting scandal, including the police union president. The messages surfaced during a joint FBI and Contra Costa district attorney investigation launched in March 2022, examining potential offenses by officers in both Antioch and Pittsburg police departments. The city now faces a federal civil rights lawsuit and a state attorney general's civil rights investigation.