San Jose-a San Jose police officer has been cleared of criminal responsibility for the fatal shooting of a man who on Valentine’s Day led police on a violent gun-filled chase, hijacked a UPS truck with his driver and then, carrying a shotgun, ran toward officers and bystanders in a last-ditch attempt to escape, according to prosecutors.
“Despite repeated instructions from moraski’s officers and deputies asking for his peaceful surrender, Moraski decided to try to break through the perimeter armed with a loaded shotgun,” Santa Clara County Deputy district attorney Miguel Valdovinos wrote. his office’s official report on the shooting. “Officer Bronte actually and reasonably believes he should use deadly force to protect himself and others.”
The dA office also released extracts of video from police body cameras and from a police helicopter that was present as much of the case unfolded. The images largely corroborate police accounts given at the time of the incident.
Around 5 p.m. on February 14, Moraski and an alleged accomplice, Joanna may may-Rodgers, fled to the Parking lot of the chynoweth Light-rail station in South San Jose to avoid full-time transit officers with the Sheriff’s office, who approached the couple’s black SUV to issue a citation for illegal Parking.
During the initial pursuit on city streets and eventually on highways 85 and 87, police say Macy-Rodgers shot once at a Sheriff’s minivan and then three more times at a minivan and other law enforcement vehicles, crashing one of them, according to authorities.
During the chase, Deputy Devin Tallerico reported on his police radio, “They’re shooting at us” and “shooting at us again,” according to a transcript of the broadcast in the DA report.
The two suspects drove to communications hill, approached UPS driver Mitchell Ellard at gunpoint, and forced him to drive them away from the site, authorities said.
On North First street and West Trimble road, the hijackers stopped and a standoff ensued, police said. Soon after, Macy-Rogers got out of the truck and surrendered. In his brief phone contact with police, Moraski spoke of not wanting to go back to prison and said “he would die that day,” according to the police report.
Moraski was on parole after serving four years in prison for a 2012 carjacking and two robberies in San Jose and Saratoga. Those convictions gave him two “strikes” under the state’s three strikes law, making him eligible for life in prison if convicted of a third violent or serious crime.
Ellard said Moraski also cried and looked at a photo of his daughter, and said, “We’re dying today,” according to the DA report. Eventually, Ellard said he slowly unbuckled his seat belt as he asked, again, if he could leave, to which Moraski warned he was going “slowly.”
Shortly before 19: 00, after Ellerd had safely reached a large police contingent surrounding the dead man with a truck, Moraski attempted to re-launch the UPS truck.
Bronte fired, and Moraski fell. An autopsy by the Santa Clara County medical examiner-coroner’s Office found that Moraski died of a single gunshot wound to the torso.
Macy-Rogers was charged with carjacking, kidnapping, hostage-taking and attempted murder of a peace officer. Her next court date is set for November 18.
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