OAKLAND — Just when it seemed like a judge would jail ex-Antioch officer Devon Wenger, his lawyer in a pending civil rights abuse case stepped in with a proposal.
The lawyer, Michael Schwartz, then convinced Senior U.S. Judge Jeffrey White to allow Wenger to reside at his mother’s house in Oakley, at least until mid-August, when he is set to go on trial. The decision was met with quiet celebration by Wenger’s supporters inside the federal courtroom.
Wenger, 33, was convicted of steroid distribution and falsifying records last week, and under something called the Mandatory Detention Act, he was eligible to be jailed barring “exceptional” circumstances. But White found that because of Wenger’s pending trial, where he needs to consult with the Los Angeles-based Schwartz, he can stay out of jail for now.
“I mean full lockdown,” White said, referring to the conditions of Wenger’s house arrest.
Before Schwartz stepped in, Wenger’s lawyer on the steroids trial was striking out. Defense attorney Dena Young argued to White that “irregularities” surrounding the reading of Wenger’s guilty verdict, and a public information request regarding the weight of a package of steroids seized during the investigation, amounted to exceptional circumstances. White disagreed and asked the lawyer why she hadn’t brought up either issue before.
Young said she was distracted and that both could amount to “ineffective assistance of counsel” motions in the future.
Wenger was one of 14 ex-Antioch and Pittsburg police officers charged in 2023 as part of a massive federal investigation by the FBI and Contra Costa District Attorney’s office. He was charged in two cases, with steroid distribution in one and conspiring with two officers to violate civil rights in another.
Wenger’s went on trial alongside a former colleague, Morteza Amiri, last March. His lawyer, Nicole Lopes, convinced White to call a mistrial two days in, arguing she was overwhelmed by mental health concerns and lack of support from her firm and couldn’t continue. Amiri was convicted of violating a person’s civil rights with his police dog and falsifying records, and subsequently jailed by White.
Wenger was the last of 14 to be convicted of something. Other officers were charged with fraud, accepting bribes, possessing assault weapons, and various other crimes. Prosecutors indicated Tuesday they will seek a prison sentence for Wenger.
Wenger has long maintained that he is being targeted because he was a whistleblower of other corruption at the Antioch police department, and that higher-ups there targeted him to cover it up. During his trial last week, a former colleague, Daniel Harris, testified that he distributed steroids to other cops, including Wenger, while working as an Antioch patrol officer.
Harris, who was much more involved in steroid distribution, pleaded guilty to become a witness against Wenger.
Schwartz’s persuasive nature may be a good harbinger for Wenger as he prepares for the civil rights trial. Last month, White kicked Lopes off the case, ruling that she had been incompetent and failed to respond to court orders to show cause. Schwartz was then retained as Wenger’s replacement.
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