California Department of Justice Releases Report on Officer-Involved Shooting of Anthony and Savannah Graziano

OAKLAND – California Attorney General Rob Bonta, pursuant to Assembly Bill 1506 (AB 1506), today released a report on Anthony and Savannah Graziano’s death from an officer-involved shooting in Hesperia, California, on September 27, 2022. The incident involved officers from the San Bernardino Sheriff’s Department (SBSD). The report is part of the California Department of Justice's (DOJ) ongoing efforts to provide transparency and accountability in law enforcement practices. The report provides a detailed analysis of the incident and outlines DOJ's findings. After a thorough investigation, DOJ concluded that criminal charges were not appropriate in this case.  

“This was a tragic situation with a tragic outcome that grieved the local community and California as a whole,” said Attorney General Bonta. “This report was quite difficult to publish, and I sincerely hope it provides the community with the answers they've been waiting for. The California Department of Justice aims to partner with law enforcement to build a just and equitable legal environment, ensuring that the rule of law is upheld, and justice is accessible to everyone.”

On September 26, 2022, Mr. Graciano shot and killed his wife, Tracy Martinez, on a public street in Fontana, California as Ms. Martinez attempted to flee from Mr. Graziano’s white Nissan Frontier pickup truck. Their daughter, 15-year-old Savannah Graziano, was in the Nissan Frontier when her mother was shot. Mr. Graziano drove off with Savannah after Ms. Martinez’s shooting. An Amber Alert was issued for Savannah. On September 27, 2022, witnesses called 911 and reported seeing the Nissan Frontier and Savannah Graziano in San Bernardino County. The Nissan Frontier was then spotted by San Bernardino Sheriff’s Department deputies, and a 41-mile pursuit ensued on southbound Interstate 15. During the last 34 miles of the pursuit, as Mr. Graziano drove the vehicle, numerous rounds were fired at pursuing deputies from the rear and passenger-side windows of the Nissan Frontier. Mr. Graziano ultimately drove off the freeway. Shots continued to be fired from the Nissan Frontier as Mr. Graziano drove the wrong way up an on-ramp, attempted to drive up an embankment, and reversed onto the shoulder of the freeway. Twenty-one deputies returned fire. The Nissan came to a stop and Savannah Graziano got out of the front passenger door and crouched on the ground. She was wearing a tactical helmet and vest. She rose and as she ran towards one of the deputies, she was shot by other SBSD deputies. She later succumbed to her injuries. After the shooting stopped, Mr. Graziano was discovered deceased in the driver's seat of the Nissan Frontier.

Under AB 1506, which requires DOJ to investigate all incidents of officer-involved shootings resulting in the death of an unarmed civilian in the state, DOJ conducted a thorough investigation into this incident and concluded that there is insufficient evidence to prove, beyond a reasonable doubt, that the deputies involved acted without the intent to defend themselves and others from what each of them reasonably believed to be the imminent risk of death or serious bodily injury. Therefore, there is insufficient evidence to support a criminal prosecution of the deputies. As such, no further action will be taken in this case. 

As part of its investigation, DOJ has identified four policy recommendations related to this incident. The first recommendation is that SBSD give their deputies a refresher training on crossfire and field of fire to avoid and minimize risk to bystanders and deputies. The second recommendation is that SBSD provide refresher training on incident command and communications between ground units when using lethal force. SBSD immediately implemented the training, subsequent to this incident, to address recommendations one and two. 

The third recommendation is that SBSD consider equipping and installing an in-car video system in its patrol units. At the time of this event, SBSD did not have dashboard mounted cameras in its patrol vehicles. The fourth recommendation is that SBSD should revise its policies regarding the use of body worn cameras. 

A copy of the report can be found here.