INTEROFFICE MEMORANDUM
DATE:
December 9, 2016
PHONE: 909-382-3800
FROM:
Joel A. Buckingham
Deputy District Attorney
Central Office
TO:
Gary Roth
Assistant District Attorney
Julie A. Peterson
Chief Deputy District Attorney
SUBJECT:
Fatal Officer-Involved Shooting
Involved Officers:
CHP Officer Craig Bissett
CHP Officer Robert Roberts
CHP Sergeant Wayne Cutting
CHP Officer Dwayne Degraffe
Suspect:
Incident:
Jon J. Marr DoB: 02/10/1971 (deceased)
May 28, 2013, 1406 hours
65845 Cima Rd., Nipton
Detective Gary Hart
San Bernardino County Sheriff Department
Homicide Division
DR601300176
H#2013-047
2014-14886
Investigator:
Agency Report:
STAR:
SUMMARY
Source of Information
The Summary provided in this matter is based on the investigation and submitted reports of the
San Bernardino County Sheriff Department (SBCSD) Homicide Team assigned to the matter. Those
reports include statements of all involved law enforcement, civilian eyewitnesses, photographs, InDash Video footage, audio recordings and call logs.
Page 1
May 28, 2013 Incident
At approximately 1406 hours, San Bernardino County Sheriff Department Corporal James
Hoffman observed a grey Volvo committing various Vehicle Code violations. Hoffman conducted a
traffic stop of the vehicle. The driver was asked to provide his identification and he did not provide his
identification. Jon Marr, the driver of the vehicle, initially provided a name of Richard Lentzer with a
DoB of 03/11/1975. That name and DoB did not return to any person within California’s databases.
Corporal Hoffman sought a fingerprint from Marr, and after Marr’s thumbs were scanned he ran from
the patrol vehicle, entered the Volvo and fled northbound on I-15.
At 1415, Corporal Hoffman notified dispatch of the situation. The vehicle was pursued, and
during the pursuit Hoffman observed the passenger trying to get something from the back seat. CHP
subsequently took over the pursuit. At 1428 hours a 911 call came into Dispatch. In the call, Marr
stated that if law enforcement tried to stop them “there will be blood.” Marr also stated that they had
warrants and were not going to stop. Highway Patrol called Marr back, and in asking about whether
there were weapons in the car, Marr responded in the affirmative, stating “We are armed, that is all.”
Five minutes and twelve seconds into the recorded 911 audio obtained from CHP, Marr states that the
dispatcher could tell the officers that if Marr is stopped they should be prepared to defend themselves.
CHP Sgt. Wayne Cutting was informed at about 1415 hours that SBCSD was involved with a
pursuit and requesting CHP assistance. As Cutting entered the freeway, SBCSD requested CHP to
take over the pursuit. It was at this time, that the previously referenced conversation occurred between
CHP dispatch and Marr. Based upon Marr’s statements, Cutting began to plan in the event that Marr
would not surrender peacefully.
As CHP took over the pursuit, Cutting began coordinating with different members of the
Highway Patrol. One of them CHP Officer Larry Shupe, was patrolling at the Zzyzx Rd. offramp and
began to set up a spike strip.
The pursuit continued for 6-7 minutes when at the Zzyzx road overcrossing, the spike strips
that were set up by Officer Larry Shupe were successfully deployed. Prior to the deployment of the
spike strips speeds had varied between 70 and 80 mph. After the spike strip was successfully deployed
the pursuit continued at freeway speeds for about 30 seconds as the suspect vehicle’s tires began to
disintegrate, and then Marr began to slow. CHP was then advised via dispatch that the suspected
driver Marr has priors for Assault against police. In fact, he was convicted in 2004 for five separate
charges including, Assault on a Peace Officer with a Deadly Weapon or Means of Force Likely to
Cause Great Bodily Injury, Resisting an Executive Officer by Force, and Evading with Wanton or
Willful Disregard.
After another 20 minutes in pursuit (29:24 on CHP Officer Bissett’s video), Bissett reported
observing a puff of smoke coming from Marr’s vehicle. After 2 more minutes, (31:45) Bissett
observed another puff of smoke coming from the vehicle. At about 32:25 in Bissett’s MVAR
recording, Bissett reported that it appears that glass is damaged in the Volvo’s rear window. For about
10 minutes Highway Patrol deactivated their sirens so to have better ability to hear if there are
gunshots. Additionally, for their safety they increased the distance between themselves and the Volvo.
At about 41:45 into Bissett’s MVARs, 40King (the San Bernardino County Sheriff’s helicopter)
reported that it appears that there are two bullet holes in the rear window.
Page 2
At about 53:40 into the video of Bissett’s pursuit, the Grey Volvo exited the freeway at
Halloran Springs Rd. As the vehicle exits, Highway Patrol attempted to close some distance with the
Grey Volvo and set up tactically as they anticipated a possible standoff.
The Halloran Springs Rd. off-ramp has an abandoned service station, and there is minimal
fencing or other objects that might provide Marr with cover. Marr did not turn to the large open area at
the Halloran Springs off-ramp, and instead re-entered the freeway, continuing through the off-ramp
stop sign. Highway Patrol reentered the freeway behind Marr and he did not yield to the multiple
Highway Patrol Officers who continued operating their lights and sirens.
After another thirty minutes (46:17 Bissett Disc 2) the Grey Volvo exited the Freeway at Cima
Rd. The approximate time is 4:37 pm; the initial stop by Corporal Hoffman was 2:06 pm. As the Grey
Volvo exited at Cima Rd., the CHP officers in pursuit attempted to follow. CHP Officer Roberts
followed the Volvo into the Shell Gas Station, while Officer Bissett and CHP Officer Shupe set up
west of the Shell gas station in a large dirt lot. Officer Roberts observed the vehicle crash through a
wooden fence at the end of the lot (1:16:50 in Roberts Unit Video). The vehicle’s front driver and
passenger door pass through a wood fence, providing a degree of cover to the occupants. At this time,
multiple commands were given to the vehicle occupants to put their hands up when at 1:17:01 seconds,
it appears that there is a black object pointed at Roberts and his vehicle and the sound of a gunshot is
recorded in Roberts’ MVARs video. Roberts heard the sound of a pistol round pass by him. Instead of
putting his hands up, Marr appears to walk directly towards Roberts’ vehicle, firing more shots. CHP
returned fire ultimately disabling Marr and resulting in his death. Multiple gunshots struck Marr. The
gunshots struck his arms, torso, and head. The approximate time of the shooting is 4:37 pm.
After Marr was disabled, the remaining occupant of the vehicle exited the vehicle with an
object in her hands later determined to be sunglasses. No shots were fired at the female occupant of
the vehicle.
The scene was extensively processed and numerous fired cartridge casings were recovered near
the driver’s side door of the Grey Volvo. These casings are consistent with shots being fired by Marr
in the location depicted in the video above, with a black object observable in Marr’s hands. In addition
a 45 Caliber pistol was recovered near the location of Marr’s body. In the Volvo, a shotgun loaded
with buckshot shells was recovered in the passenger area. Marr was subsequently determined to have
died from multiple gunshot wounds.
At about 4:30 pm, about 7 minutes before the shooting, an individual in Porterville, called
Highway Patrol indicating that he had received texts indicating that someone he knew had been taken
hostage. That individual later responded to the CHP office in Porterville, and contacted CHP showing
texts sent from the female passenger in Marr’s vehicle. These texts indicated that she was taken
hostage against her will and kidnapped by the defendant.
INTERVEIWS
CHP OFFICER R. ROBERTS
On Tuesday, May 28, 2013 Officer Roberts, in uniform and in a marked patrol car, was working
assigned patrol and traffic enforcement in the Barstow Area. Around 2:00 pm, Roberts was dispatched
to assist with a pursuit. At the time of the dispatch, Roberts was near the Wild Wash Rd exit, and the
Page 3
pursuit was reported near Yermo. Roberts was able to catch up to the pursuit near Baker. Officer
Roberts was aware that a spike strip had been deployed near Zzyzx Rd., and that the vehicle had
continued despite having flat tires. In the area of the Baker grade, Officer Roberts was aware of
information from CHP Officers Degraffe and Bissett, that two apparent puffs of smoke came from the
rear window of the suspect vehicle and that Degraffe and Bissett believed that the puffs of smoke were
possibly gunshots. Officer Roberts was also informed that the Sheriff’s Dept. Helicopter had
overflown the suspect vehicle and observed what appeared to be bullet holes, one out of the rear
window of the vehicle and one that corresponded to that hole in the trunk.
Five total units were involved in the pursuit. As they continued following the vehicle, dispatch
informed Roberts that the driver and passenger of the suspect vehicle made contact with dispatch and
that the driver (Suspect Marr) told dispatch that if officers continued with the pursuit there would be
bloodshed.
The suspect vehicle exited and reentered the freeway at Halloran Springs Rd., and subsequently exited
at Cima Rd. towards a gas station. At the gas station, Marr drove through a fence, and his vehicle
appeared to become stuck. Roberts positioned himself about 75’ north of the suspect vehicle.
Officer Roberts observed the passenger open the passenger side door and exit. Roberts then saw Marr
exit the driver’s side door and come through the fence with a gun pointed at Roberts. Roberts
observed Marr fire one shot in Roberts’ direction and heard a round pass by his position. Roberts
pointed his AR15 at Marr and shot one round. Roberts repositioned behind his patrol vehicle.
As Roberts repositioned, he observed Marr point his gun towards Bissett and Cutting and fire 5-6 shots
towards Bissett and Cutting. Roberts believed that Marr was attempting to kill both him and his fellow
officers, and fearing for his and their lives, fired nine additional rounds toward Marr. Marr collapsed
on to the ground.
Sometime after Marr fell to the ground, Roberts observed that the female passenger who had exited
earlier was now back in the suspect vehicle. She complied with officer commands and was detained.
CHP OFFICER BISSETT
On Tuesday, May 28, 2013 Officer Bissett was working patrol for the Barstow area in a marked patrol
car and in standard uniform. Bissett was in Baker refueling when he heard the call go out over the
radio for the pursuit. After refueling Bissett staged for the pursuit to reach him. This was near Basin
Rd. As the pursuit approached him he took over primary position for the pursuit. His belt recorder
and patrol camera were activated.
As the pursuit approached Zzyzx Rd., Officer Bissett was informed that Officer Shupe was deploying a
spike strip. The pursued vehicle drove over the spike strip and slowed from 70-75 mph to 40-45 mph.
Dispatch advised that the suspect had called dispatch, and the suspect stated that if they were stopped it
would end in a bloody mess. Information was also relayed by dispatch that the suspect had prior
arrests for assaulting a peace officer.
As the pursuit continued, Bissett observed two puffs of smoke come out the back window of the
defendant’s vehicle. Bissett believed these puffs of smoke were gunshots fired from inside the suspect
vehicle, and asked 40King to attempt to observe. 40King advised that it did appear as though shots
were fired through the back window, although the shots appeared to end up in the trunk of the vehicle.
Page 4
As a result of the shots fired, CHP discontinued the use of sirens to listen for gunshots and the distance
between the suspect vehicle and officers was increased.
40King continued observation of the suspect vehicle. In observing the suspect vehicle 40King advised,
and Officer Bissett heard that the suspect had an object consistent with a gun in his right hand. The
suspect vehicle exited at Halloran Springs Rd, but the reentered the I-15. The suspect vehicle then
exited at Cima Rd., and the defendant pulled into the north driveway of the business and passed the gas
pumps. Roberts and DeGraffe entered the north driveway of the business, Bissett and Cutting
continued on Cima Rd. and positioned in between the north and south driveways of the business.
Shupe and Phipps went to the dirt lot west of the business. Bissett observed the suspect vehicle drive
through a wood fence in the parking lot of the gas station.
As Bissett stopped his vehicle he retrieved his AR-15 and opened his driver’s side door and looked in
the suspect’s direction. He heard a gunshot and observed Marr, the suspect, climbing through the
fence. Bissett observed Marr holding a black semi-automatic pistol pointed at CHP personnel. Marr
advanced on CHP officers and fired the gun at Officer Roberts and swept the gun across multiple
officers. With Marr firing his weapon, Bissett believed that Marr would hurt or kill other officers and
Bissett returned fire. Marr fell to the ground.
Another individual was observed in the vehicle after the shooting calmed. This person was initially
seen exiting the vehicle, but then returned to the vehicle as shooting started. She complied with orders
and was handcuffed without further incident. As the scene calmed, Bissett advised dispatch that Marr
was down and medical aid was requested. He then secured his AR-15.
Bissett stated that he felt that Marr was trying to kill or injure law enforcement officers, and was in fear
for his own life as well. He fired only under the present threat and ceased firing when the threat ended.
SBCSD DETECTIVE SOLOMON
Detective Solomon was working narcotics interdiction when he heard that Detective Hoffman, who
was also working narcotics interdiction radioed regarding a traffic stop around 1400. He heard
Hoffman advise that the suspect fled the scene of the traffic stop northbound on I-15. Solomon
proceeded towards the direction of Detective Hoffman to assist with the pursuit. Solomon continued
with the pursuit and eventually CHP took over the pursuit. Solomon and Hoffman continued following
but were at a distance allowing CHP the lead. Solomon was not on CHP dispatch but was getting
information from SBCSD dispatch as the pursuit continued.
At one point a spike strip was deployed which caused pursuit speed to drop dramatically. As a result,
other highway traffic began to back up. Detective Hoffman requested Deputy Sodaro to block vehicles
from approaching the pursuit. At one point Solomon heard CHP officers requesting 40King to flyover
the suspect vehicle to see if the suspect was shooting out the back window. 40King relayed that it
appeared that there were bullet holes in the trunk and that Marr had something consistent with a
weapon on his lap.
During the pursuit Solomon heard information that the suspect had called into dispatch that if officers
tried to stop them there would be mayhem. Based upon that information and the fact that the
defendant drove for several miles on flat tires and rims, Solomon believed the suspect had no intention
of complying with officers. The suspect vehicle exited at Halloran Springs Rd., then reentered the
freeway, and then exited at Cima Rd. As the suspect exited the freeway at Cima Rd., Detective
Page 5
Hoffman had his windows down, and as he approached the cattle gate on Cima Rd. he heard a gunshot.
He hear more subsequent gunfire and then all gunfire ceased. Solomon and Hoffman positioned
behind Officer Robert’s vehicle. He observed a firearm near the suspect who was now laying on the
ground.
Another individual was in the vehicle and was cooperative with law enforcement. Solomon remained
on scene until homicide investigators arrived. Given the way the suspect engaged with officers,
Solomon believed Marr wanted to end his life in a firefight with law enforcement. Neither he nor
Hoffman fired their weapons.
CHP OFFICER SHUPE
Officer Shupe was working traffic on the “Baker Grade” when he heard dispatch indicating a pursuit
near the Barstow area. Shupe was north of the location of the pursuit and proceeded southbound to
assist. Dispatch advised that CHP was requested to take over the pursuit. Shupe originally planned to
deploy a spike strip at Rasor Rd. but because CHP had not yet fully taken over the pursuit, Shupe who
had made it to Rasor Rd., backtracked to Zzyzx Rd., to set up to deploy the spike strip.
Shupe heard over dispatch that the suspect had called indicated that if officers attempted to stop him
there would be violence and bloodshed. Shupe set up the spike strip at the Zzyzx Rd. overpass. The
suspect vehicle traveled over the spike strips and then Officer Shupe collected the spike strips and
removed the spikes from the roadway. He then reentered the freeway and assisted in the pursuit.
As the pursuit developed, Officer Shupe saw two puffs of smoke out of the back window of the suspect
vehicle. Officer Shupe believed these two puffs of smoke were gunfire from within the suspect
vehicle. 40King was requested to determine if shots had been fired, and 40King broadcasted that there
appeared to be gunshot damage to the back window of the suspect vehicle. The distance between the
suspect vehicle and officers was increased.
The suspect vehicle exited at Halloran Springs Rd., then reentered the freeway, and then exited at
Cima Rd. Officer Shupe was the first vehicle behind the suspect vehicle at the Cima Rd. exit. A
second CHP unit pulled up next to Shupe’s unit. The suspect vehicle entered the north driveway and
Shupe continued past this driveway believing the vehicle may exit the south driveway. This way the
suspect vehicle could not easily turn back on to following CHP units. The vehicle appeared headed
towards the south exit driveway when it crashed through a fence instead.
Shupe exited his vehicle with his AR-15 available. Shupe believed that it was likely that the suspect
would flee south from the vehicle. Instead the suspect moved north towards officers staged in that
direction. Shupe saw the suspect with gun in hand pointed towards officers stationed north and heard
gunfire. Shupe fired at Marr, and Marr continued shooting at officers. Shupe fired more rounds, and
Marr fell to the ground. There was a female in the vehicle. She was directed by officers to move back
towards officers and followed these commands.
Shupe felt in fear of his life before and during the shooting, and used the AR-15 to stop the threat.
Shupe himself did not have cover. Once the threat was stopped, shooting stopped. Shupe believed
Marr’s goal was to kill officers.
Page 6
SBCSD DEPUTY QUEZADA
Deputy Quezada was assigned as the tactical flight officer for 40King, the Sheriff’s Helicopter. 40
King responded from Apple Valley airport and Quezada was equipped with a high definition camera,
which is not a recording camera but instead a magnification device. In following the pursuit, Officers
reported seeing puffs of smoke and Quezada was asked to see if there was any evidence of gunshots
from the vehicle. Quezada zoomed in and it appeared that the middle lower portion of the rear window
had a hole consistent with gunshot damage and damage to the lid of the trunk. This information was
relayed to officers in the pursuit. A second hole was seen in the rear window but Quezada was not
sure if that was gunshot damage. While continuing observation of the vehicle Quezada observed a
dark object consistent with a gun in the suspects lap. This information was also provided to officers in
the pursuit.
At the scene of the shootout, Quezada was not in good position to use his weapon given the location of
other officers. As a result, Quezada did not fire during the shooting. Quezada did see the suspect exit
the vehicle and observed that it appeared as though he exited with purpose towards the officers and
shooting at them.
SBCSD CORPORAL HOFFMAN
Corporal Hoffman was working narcotics interdiction when he observed the suspect vehicle with front
and back window tint and that the vehicle was following behind a tractor-trailer at less than one car
length. The distance between the two vehicles was unusual to Hoffman given the lack of traffic.
Hoffman initiated a traffic stop for window tint and following too close. The vehicle stopped on the
shoulder normally and Corporal Hoffman proceeded to the passenger side of the vehicle. Corporal
Hoffman observed a female, later identified as Lee Ann L.T. in the passenger seat, and a white male,
later identified as Jon Joseph Marr in the driver’s seat. There was no registration or insurance for the
vehicle. According to L.T. this was because the vehicle was recently purchased, and a purchase
contract was provided.
Corporal Hoffman asked for the driver’s identification and after patting his pockets the driver stated he
believed it may be in the trunk or back seat. Twice, Marr turned towards the center console and
towards the back seat, Marr was directed by Hoffman not to reach into the back seat. Hoffman
indicated that he would get Marr’s verbal information and confirm him that way. Marr was asked out
of the vehicle, and Hoffman patted down Marr. No weapons were located on his person. Marr gave a
name of Richard Lentzer and a date of birth. Hoffman entered the information into his computer and
no identification in California was located with that name. Hoffman asked if he had California
Identification. Marr stated he had identification for Oregon, but not California. Hoffman obtained the
fingerprint scanner and scanned Marr’s thumbs and asked if he used any other names. Marr turn and
ran to the suspect vehicle entered it, and drove off northbound.
Corporal Hoffman notified dispatch of the situation and was informed that one unit was north of his
location, but that unit did not have spike strips. Corporal/Detective Solomon was south of his location
but drove north to assist. Remaining units were not in a position to assist. Due to limited units after
about 15 minutes of pursuit CHP was advised to take over the pursuit. During the pursuit the print
scanner returned a hit to Joe Marr with a DOB of 2-10-71. Dispatch ran the individual and checked the
name. Marr had outstanding warrants. Corporal Hoffman continued with the pursuit to Cima Rd. At
Cima Rd., Hoffman observed Marr pointing his firearm and shooting towards the patrol vehicle of
Page 7
Officer Roberts. Hoffman exited his vehicle with his Mini-14 and positioned himself at the nearest
driver door CHP unit. That unit belonged to Officer Degraffe who was repositioned near Robert’s
patrol vehicle. As Hoffman arrived at the CHP vehicle, it appeared as though Marr may have been
shot in the abdomen. It appeared to Hoffman as though Marr turned back towards his vehicle and then
turned back again towards officers. At the moment of turning back to officers, Marr fell to the ground.
The female was ordered from the vehicle and was cooperative. Hoffman believed Marr’s actions were
an immediate threat to officers.
CHP SERGEANT CUTTING
On Tuesday, May 28, Sgt. Cutting was assigned to the CHP Barstow Station. He was wearing his
standard uniform. At about 1400 he was notified that the SBCSD was in pursuit of a fleeing suspect
on the I-15 near Ghost Town Rd. While SBCSD was not asking the CHP to take over the pursuit at
this time, Sgt. Cutting believed that there was a possibility CHP would be asked to takeover the
pursuit, because it did not seem practical for SBCSD to maintain the pursuit. Sgt. Cutting responded
by leaving his office and getting towards the incident. As he got on the freeway, SBCSD asked CHP
to take over the pursuit.
Cutting began to coordinate resources to respond to the pursuit, and asked for helicopter assistance,
and assessed how many available units he had. CHP dispatch was contacted by the fleeing suspect and
information was communicated by the suspect that he was armed and not going to jail. Cutting was
developing tactical plans after this information was communicated by the suspect.
Sgt. Cutting coordinated with the Mountain Pass officer, Larry Shupe, to deploy a spike strip which
was ultimately successfully deployed. Just south of Baker Blvd., Sgt. Cutting made it to the scene of
the pursuit and overtook as a supervisor. At about this time, Marr called back to CHP dispatch stating
he had ¼ tank of gas and if ran out of gasoline there would be violence and bloodshed.
Subsequently, Sgt. Cutting saw puffs of smoke from the rear of the suspect vehicle, which he believed
was gunfire. CHP units maintained a distance of about 100 yards because of the suspect’s statements.
40 King was asked regarding the suspect vehicle condition, and 40 King related that it appeared that
the rear window had holes in it and that there was a dark object in the suspects lap.
The defendant exited and reentered at Halloran Springs Rd. and finally exited at the Cima Rd. offramp.
Prior to exiting at Cima Rd., Officer Shupe called the Shell station and asked to close it for business in
case the suspect came to that location. The suspect vehicle drove to the Shell station and drove as if
going to the gas pumps. Sgt. Cutting was the fourth vehicle in the pursuit. Cutting saw the suspect
drive through the wood fence, and decided to continue on Cima Rd., in case the suspect attempted to
flee that way. Cutting briefly lost sight of the suspect vehicle due to a wooden wagon sign. After
passing the wagon Cutting heard gunshots and saw the suspect firing at Officer Roberts and Degraffe.
Cutting attempted to exit his vehicle and in the process observed Marr firing towards Officer Roberts
and Degraffe. Marr subsequently made eye contact with him and he ducked down expecting to hear
gunfire into his unit. While he did not see gunshots towards him he heard continuous gunshots.
Fearing he was going to die, he grabbed and charged his rifle, kicked open the door and shot from the
driver’s seat toward Marr. Marr turned towards Cutting and Shupe’s direction painting the area with
his handgun, and Marr collapsed on the ground.
Page 8
CHP OFFICER DEGRAFFE
Officer Degraffe was working patrol on May 27, 2013. He was in the Baker area when the information
regarding a vehicle pursuit was broadcast by dispatch. In his statement he indicated that he was aware
of the information that the suspect had called dispatch and indicated that when the pursuit came to an
end there would be bloodshed. Additionally, he recalled that he had been informed by dispatch that
the suspect had a prior history of assaulting peace officers.
He saw during the pursuit puffs of smoke from the suspect vehicle’s rear window, and was later
informed by 40 King that there were holes in the rear window, and a black object on the suspects lap.
At the Cima Rd. exit, the vehicle exited and drove through the Shell station, Roberts and Degraffe
followed the suspect vehicle into the parking lot of the Shell station. The suspect vehicle drove
through a wooden fence and Degraffe stopped behind Roberts, grabbed his long rifle and took a
tactical position behind his driver’s side door.
From that position Degraffe saw the driver exit the suspect vehicle. Degraffe yelled at the driver to put
his hands out the window as soon as the vehicle stopped. Degraffe’s initial belief was that the suspect
was going to run. Instead, the suspect jumped through the broken down wood fence with a handgun in
his right hand. The suspect aimed at Roberts and Degraffe and fired two shots. Degraffe immediately
returned fire. Degraffe did not recall how many shots he fired.
Roberts put the information over the air that shots had been fired. Degraffe was in fear for Roberts’
life due to Roberts being a few feet in front of him. Even after Degraffe fired his initial shots the
suspect continued to advance on Roberts and Degraffe. As other officers took up other positions the
suspect turned towards the left holding the gun out and pointing it at the other officers and continued
firing. Degraffe estimated the distance between Roberts and the suspect to be 60-70 feet, and Degraffe
was about 10 feet behind Roberts.
The suspect was advancing towards the rear behind of his vehicle when Degraffe saw him fall face
down in the parking lot. The suspects right arm was tucked behind his body. After the suspect fell to
the ground the female put her hands up outside the vehicle’s window. She was ordered out of the
vehicle and she went to the ground. Officers ordered her to stand up and walk towards the officers.
She walked through the fence and was seen with an object in her right hand. Degraffe was uncertain of
the object but believed it was likely sunglasses or a cell phone. She was ordered to drop the object and
she complied. She walked over to Bissett and Cutting’s location and was taken into custody.
Roberts approached the male suspect on the ground and he was moved away from where he fell.
Degraffe was then able to see a black handgun under the driver’s side rear tire.
Civilian Witness D.H.
D.H. was at work at the Shell Gas station at Cima Rd., when a silver Volvo drove through the area near
the gas pumps and crashed through the wooden fence. The Volvo stopped and the driver got out and
stood at the rear bumper of the Volvo. The suspect pointed a handgun at CHP officers on the west side
of the parking lot. The suspect fired 3 or 4 rounds at CHP units. It appeared to be a silver or gray
handgun. The suspect the turned toward the Volvo and it appeared the suspect may be trying to flee
the scene. The suspect was hit on the right side and fell behind the Volvo.
Page 9
Civilian Witness A.H.
A.H. was a tow truck driver and was seated inside the Cima Rd. Shell station when the business
received a phone call about a pursuit approaching their location. A.H. was watching towards the
window as a result of receiving the phone calls. As Marr drove through the fence his view of the
suspect was obscured but eventually saw and heard the suspect pointing the gun at officers and firing.
Three or Four shots were heard before CHP fired. The suspect was turning towards his vehicle when
he fell to the ground
Civilian Witness E.V.
E.V. was working as a cashier at the Cima Rd. Shell Station when the shooting occurred. He saw the
suspect vehicle pass through the wood fence. After crashing through the wood fence the rear of the
vehicle was still exposed. A male came out from the driver’s side of the vehicle and began shooting at
CHP officers 3-5 times. The suspect turned back towards his vehicle and then fell to the ground. E.V.
did not see the officers shoot due to a view obstruction.
Civilian Witness S.K.
S.K. was at the Shell station at Cima Rd., when he was told that CHP had informed the business that a
pursuit was approaching the station. S.K. saw the vehicle accelerate through the wood fence and come
to rest. Immediately after stopping, S.K. saw the male exit the driver’s side door and the female exit
the passenger side door. S.K. did not see where the female went. The male advanced towards officer
and fired five or six rounds at CHP officers. The suspect lowered his firearm and turned back towards
the Volvo, at that time CHP officers were firing upon him. Due to gunfire, S.K. retreated to the back
of the store. After the gunfire stopped S.K. returned to the front of the store.
Civilian Witness L.T.
L.T. was in an off and on relationship with Jon Marr over the past 5 years. L.T. stated that Marr was
physically abusive towards her. About two weeks prior to the incident L.T. was forced by Marr to buy
a vehicle. Marr wanted L.T. to go to Las Vegas to get married, but L.T. did not want to go to Las
Vegas, but went to avoid abuse.
During the pursuit, L.T. used her phone to call law enforcement at the direction of Marr. Marr also
contacted, through L.T.’s phone, family to say “goodbye” and “this was it.” Family attempted to call
Marr back, but L.T. was directed not to answer. As the pursuit progressed Marr looked for places to
get off the freeway and asked L.T. if “this was the spot.” L.T. told Marr she did not want to die. Marr
told her that it was “until death do we part” and he meant it. Marr was getting off the freeway to look
for a location to get into the shooting. L.T. indicated that she was not with Marr willingly and that it
was against her will that she was in the vehicle with him.
ADDITIONAL INFORMATION
Law Enforcement Weapon Discharge
Page 10
Law Enforcement
Assignment
Location
Weapon
Officer D. Degraffe
CHP
Barstow
CHP
Barstow
CHP
Barstow
CHP
Barstow
CHP
Barstow
Shell Parking Lot
Colt AR15
Shots
Fired1
9
Shell Parking Lot
Colt AR15
11
Dirt Lot West of
Shell
Dirt Lot West of
Shell
Dirt Lot West of
Shell
Bushmaster XM15E2s
Colt AR15
6
Colt AR15
4
Officer R. Roberts
Officer C. Bissett
Sergeant W.
Cutting
Officer L. Shupe
1
APPLICABLE LEGAL STANDARDS
Arrest or Detention – Use of Reasonable Force – Duty to Submit
A peace officer who makes or attempts to make an arrest need not retreat or desist from his efforts by
reason of the resistance or threatened resistance of the person being arrested; nor shall such officer be
deemed an aggressor or lose his right to self-defense by the use of reasonable force to effect the arrest
or to prevent escape or to overcome resistance.
California Penal Code Section 835a
Self-Defense/Defense of Others
The (officer) acted in lawful self-defense or defense of another if:
1. The (officer) reasonably believed that he or someone else was in imminent danger of being
killed or suffering great bodily injury;
2. The (officer) reasonably believed that the immediate use of deadly force was necessary to
defend against that danger; AND
3. The (officer) used no more force than was reasonably necessary to defend against that
danger.
CALCRIM 505. Modified.
-
Instruction upheld. People v. Lopez (2011) 199 Cal.App.4th 1297, 1306; People v.
Genovese (2008) 168 Cal.App.4th 817, 832.
1 This number is based on a calculation of 20 rounds in the magazines to begin and then how many remained after the
shooting. Officer recollections were approximations close to these numbers.
2 The listing has been condensed to not include Vehicle Code violations including Driving on a Suspended License, and
various rearrests after warrants issued for Marr’s Failure to Appear in Court.
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Justifiable Homicide: By Public Officer
The (officer) is not guilty of murder/manslaughter if he killed someone while acting as a public officer.
Such a killing is justified and therefore not unlawful if:
1. The (officer) was a public officer;
2. The killing was committed while arresting a person charged with a felony who was resisting
arrest or fleeing from justice or while performing any other legal duty;
3. The killing was necessary to accomplish one of those lawful purposes; AND
4. The (officer) had probable cause to believe that the decedent posed a threat of serious physical
harm, either to the (officer) or to others.
CALCRIM 507. Modified.
Homicide is justifiable when committed by public officers and those acting by their command in their
aid and assistance…2. When necessarily committed in overcoming actual resistance to the execution of
some legal process, or in the discharge of any other legal duty.
California Penal Code Section 196.
ANALYSIS AND CONCLUSION
Jon Joseph Marr triggered this series of events by fleeing from peace officers lawfully engaged
in their duties. Marr not only evaded multiple deputies and officers but prior to the conclusion of the
pursuit fired two shots from his vehicle, escalating the situation. He also, clearly stated his intent to
get into a shootout with law enforcement in a conversation with CHP dispatch which was
communicated to the pursuing officers. Instead of surrendering at the conclusion of the vehicle
pursuit, Marr chose to take a firearm and shoot at law enforcement officers. CHP officers possessed a
reasonable belief that lethal force was necessary to protect their lives and the lives of others based on
Marr’s continuing acts and the information which had been provided to them as the pursuit unfolded.
Upon eventual contact with Marr, he ignored commands by the peace officers to show his hands,
instead he pointed a firearm at officers and began shooting. CHP officers, acting on a reasonable
belief of a need to protect their and others’ lives, fired their weapons resulting in death to Jon Marr.
Not only did officers act reasonably in the course of this pursuit and its conclusion, but also, despite
the object in the female’s possession and earlier contact with law enforcement over dispatch, officers
showed incredible restraint in that she was brought into custody without any shots.
It is the opinion of this Deputy District Attorney that the shooting was justifiable in selfdefense and the defense of others and no criminal liability attaches to the conduct of any involved
officer.
Respectfully Submitted,
MICHAEL A. RAMOS
District Attorney
By Joel A. Buckingham
Reviewing Deputy District Attorney
Date
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Reviewed and Approved by:
Julie A. Peterson
Chief Deputy District Attorney
Date
GARY ROTH
Assistant District Attorney
Date
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