OAKLAND — U.S. District Judge Jeffrey White had only four defendants in his afternoon calendar, but it was far from a typical Tuesday; three of them were former law enforcement officers, either coming before White to face the music or announce their intent to fight their pending criminal charges.
When the judge’s day was over, one of the ex-officers had been sentenced to 90 days behind bars, another left the courtroom as a convicted felon, and a third received a trial date to fight charges that he worked with a colleague to distribute performance-enhancing drugs to others in law enforcement.
The most consequential event happened last, when White sentenced ex-Pittsburg police officer Ernesto Mejia-Orozco to 90 days in jail, followed by a three-year supervised release term. At a prior hearing, Mejia-Orozco pleaded guilty to conspiracy and wire fraud for paying another officer’s then-girlfriend to take online college courses in his name in order to receive incentive pay raises.
Prosecutors asked White for a six-month prison sentence, while the defense argued that true justice for Mejia-Orozco was no jail time and instead probation. White split the difference, stating that his goal was to hand down a sentence that is “important, but symbolic, but something that’s not overly punitive” while still sending a message to any other law enforcement officer who may be tempted to commit a crime for “easy money.”
Mejia-Orozco gave a brief but emotional apology before he was sentenced, pausing several times to compose himself and struggling to get out the words.
“I’m here to take ownership and accountability for my crimes and I’m willing to accept whatever the court has decided,” Mejia-Orozco said. White told Mejia-Orozco later that he believed he was sincerely remorseful.
Mejia-Orozco was one of a half-dozen former Antioch and Pittsburg cops to be charged in the college degree fraud. He is the third officer to be sentenced. A community service officer with Antioch avoided jail time altogether, while the ringleader of the scheme, ex-Pittsburg officer Patrick Berhan — the man whose ex took officers’ classes for money — received a 30-month prison term earlier this month.
In 2022, Mejia-Orozco paid back the incentive pay he’d received from the city of Pittsburg and resigned from the police force. He also voluntarily waived his certification to ever work in law enforcement in California again. His lawyer, Steven Kalar, noted this and added that his client has become “literally the poster child” for the overlapping East Contra Costa police scandals, in part because his picture was much bigger than other officers’ pictures in a story published by the Antioch Herald.
“My client has a felony conviction that has ultimately destroyed his career,” Kalar said.
The sentencing came after former Antioch police officer Daniel Harris, 37, pleaded guilty to possession with intent to distribute anabolic steroids and to bank fraud. With that plea agreement came a reveal: prosecutors say Harris worked with a colleague in the Antioch police department, Devon Wenger, to distribute steroids not just to colleagues, but to at least one employee of the Contra Costa Sheriff’s office.
Harris’ plea agreement also states that he acquired steroids through a source in Florida and took steps to conceal it. The packages were mislabeled and listed as coming from a non-existent company in order to appear legitimate, and Harris arranged them to be sent to him using a phony name. Prosecutors say he intended to use them as a “competitive body builder” but also to distribute them to other cops.
The bank fraud conviction stems from Harris filing a fraudulent mortgage application, which included him forging a person’s signature to give the impression that his income was higher than it was, so he could purchase a home in Weatherford, Texas.
Harris also formally acknowledged that Wenger joined him in the scheme to obtain and distribute steroids, and did so minutes after Wenger’s lawyer stood in court and affirmed that Wenger intends to fight the steroids charge. A trial has been set for early 2025, after White upheld the government’s search of Wenger’s phone, attorneys said during Wenger’s hearing.
Wenger also faces pending charges — along with two other ex-Antioch cops — that he conspired to violently violate civil rights through the course of his job.
Harris’ sentencing date has not yet been set.
