OAKLAND — Just when it seemed like a judge would jail ex-Antioch Officer Devon Wenger, his lawyer in a pending civil rights abuse case bailed him out of a jam.
The lawyer, Michael Schwartz, convinced Senior U.S. Judge Jeffrey White on Tuesday 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 in Oakland.
Wenger, 33, was convicted of steroid distribution and falsifying records last week, and under the Mandatory Detention Act, he was eligible to be jailed barring “exceptional” circumstances. But White found that because of Wenger’s pending civil rights abuse 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 appeared to be striking out. Defense attorney Dena Young argued to White that “irregularities” surrounding the reading of Wenger’s guilty verdict, and a public records 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.
Obtaining records through the Freedom of Information Act can be difficult, Young said, before admitting she had also been distracted at times. Both could amount to “ineffective assistance of counsel” motions in the future, she added.
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.
In March, Wenger went on trial alongside a former colleague, Morteza Amiri, also accused of violating civil rights. Wenger’s 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. The trial proceeded for Amiri, who was convicted of violating a person’s civil rights with his police dog and falsifying records, but acquitted of conspiracy. White subsequently jailed Amiri, ahead of his sentencing.
Wenger was the last of 14 to be convicted in the sprawling case. 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 in part because he was exposing other corruption at the Antioch Police Department. 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.
Schwartz and Wenger are back in court in June for a pretrial hearing.