Video: Antioch Police Body Camera Footage of 2021 Arrest

In what some are calling “police abuse”, few are discussing how the suspect in question failed to comply with Antioch Police directions while in a stolen vehicle.

Now part of a federal indictment for police misconduct, Antioch police released video from a October 26, 2021 incident where members of the Antioch Police Department took into custody a suspect who did not comply with multiple officers commands while a k9 announcement was also made all while driving a stolen vehicle.

Failure to comply, resulted in Officer Devon Wenger firing a less-lethal 40mm round at Dajon Smith. Wenger fired the 40mm round while Smith had hands up, but was not compliant with officer commands—what is not shown on police body camera video is what happened prior.

After being struck by the round, Smith attempted to retreat back into the stolen vehicle in which Antioch Police charged Smith while releasing the K9 dog. While on the ground, Smith still struggled with police and did not comply.

Now we have Bay Area media this week is spinning this incident into a “poor victim” emotional story while also reverting back to the police text message scandal and civil rights violations which is under FBI/District Attorney review.

Even public defender Ellen McDonnell chimed in calling the incident  “brutal”, “inhuman” and “criminal”. While its her job to create sympathy for victims, she is misleading the public by playing off emotion, not facts of the arrest.

McDonnell appears blind or blatantly ignoring the fact police commands were ignored and leaving out the fact Smith was struggling with multiple officers and not yet in custody as she makes these claims to Bay Area news media—all on video. Once in custody, which took less than 30 seconds, the dog was released. Smith even declined medical attention twice.

What an embarrassment from a person who should be going off facts, not emotions. Furthermore, McDonnell should realize Antioch Police used great restraint in not actually firing their weapons at Smith’s sudden movements or attempts to get back in the vehicle. Perhaps, she should send them a thank you note instead of publicly going after them in the court of public opinion.

Even in the police report and confirmed by multiple sources, Sgt. Josh Evans, who is also being portrayed negatively due to text messages, was the one who actually filed a memo within the police department to have an internal affairs review of the incident due to use of force and review if any policy was broken.

Finally, within the video, which the media is not sharing in full, don’t worry, this publication is, the suspect (Smith) claims he purchased the vehicle earlier in the day but did not remember who or where he bought it from. He also admitted to smoking marijuana earlier in the day. While in the hospital, probably with a little sarcasm, states “I guess it was my fault”.

Here is the 20+ minute video which is on YouTube.

Arrest Report Tidbits (report was 25 pages):

• Officer Mayer – Sgt. Evans advised on the radio the suspect was uncooperative with commands during the stop. He said he observed commands not being followed and the suspect was advised a K9 would be deployed which he said the suspect clearly knew he was there, along with the K9.  He reported it was unknown if anyone else was in the vehicle or if there were any weapons.  Officer Wenger deployed a 40mm less lethal round to gain compliance which Smith retreated back into the vehicle and sitting in the driver seat “possibly attempting to start the vehicle and flee”. Dex (k9) was deployed. Once Smith was compliant, he released the K9.  While in the hospital, Meyer said Smith admitted to seeing the k9 and he should have followed commands and blamed himself for what happened.
• Sgt. Evans – says he located the stolen 2014 Maserati parked in the Antioch Food Supply lot which the vehicle was reported stolen by Pittsburg Police. Advised officers a black male (later identified as Dajon Smith) got into the drivers seat. Evans said he pulled up behind the Maserati to block its path with emergency lights on.Evans reported that while his firearm was pointed at Smith, he ordered him out of the vehicle. Instead, Smith shut the door. Evans stated he could not see inside the vehicle since the windows were blacked out. Evans states he was concerned Smith would reverse the vehicle into him or the patrol vehicle, it was also unknown if anyone else was in the vehicle or weapons. With continued to stay in the vehicle—but then ultimately exited the vehicle with his hands down near the door and could have had access to weapons. Smith was given orders by Officer Becerra to place his hands in the air but choose to be argumentative and keep his hands down freely moving at his side—about 23 seconds.  Evans than heard officer Mayer announce the K9.In the report, Evans requested the 40mm less lethal launcher after stating his de-escalation technique was going no where (Smith committed a felony, was standing in an open doorway of an unchecked vehicle, unknown if someone was inside or a weapon within reach).  Because Smith choose not to comply, he stated it was not feasible to approach Smith, the 40mm was fired. Smith then retreated back to the drivers seat of the vehicle—Evans stated safety concerns due to Smith previously closing the door, unknown if weapons or other people inside—that is when APD officers charged Smith to take him into custody in which Smith was actively resisting 4 officers.  Evans stated he contacted Lt. Meads for the use of force and opened up a “Blue Team” for his involvement.  He then provided a complete time stamp details of the incident.
• Officer Wenger – arrived hearing Evans give orders to Smith while noting he did not see any compliance.  Believed Smith could be a danger to police officers. Says he heard Sgt Evans calling for the 40mm. Says he heard officer Mayer give the k9 announcement while Smith continued to argue with officers. Wenger said that Smith was uncooperative and continued to escalate.  Wenger then described his justification for shooting the 40mm from officer safety to citing the APD use of force policy while noting de-escalation tactics and techniques had been exhausted and Smith was becoming hostile. After firing the 40mm, Smith re-entered the vehicle and remained uncooperative. He was then taken into custody.  While noting “Dajon told me he did not desire medical attention”.Smith said he did not know it was a stolen vehicle which had had been driving all day but could not tell police who he bought the vehicle from other than it was from three guys.  After being transported to Sutter Delta Medical Center, he again refused treatment except for bandage for his arm and antibiotics.

Local Bay Area News Media Stories on the incident:

• East Bay Times: Antioch releases video of officers shooting less lethal round at transgender woman whose hands were raised
• KTVU:  Body-camera videos shows Antioch Police arrest cited in fed indictment
• NBC: ‘Brutal, inhumane’: Troubling video released in 2021 Antioch police incident