San Bernardino County sheriff's deputies involved in a 2022 shootout along a California freeway that killed a teenage girl and her fugitive father will not face any criminal charges, state Attorney General Rob Bonta announced Friday.
Bonta released a report compiled by the California Department of Justice following an investigation that included interviews with officers, witnesses who were driving along the road that day and family members who recalled that the man and his daughter had a close relationship. The attorney general called the incident a tragic situation with a tragic outcome.
“This report was quite difficult to publish, and I sincerely hope it provides the community with the answers they’ve been waiting for," Bonta said in a statement. "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.”
Video and audio released by the San Bernardino County Sheriff’s Department showed Savannah Graziano, 15, was shot and killed as she approached deputies amid a hail of gunfire on Sept. 27, 2022. The video footage recorded by a sheriff’s helicopter and witness dashboard cameras was released in 2024 in response to public records requests made by The Associated Press and other media outlets.
According to the Department of Justice review, 45-year-old Anthony Graziano drove off with his daughter after he shot and killed Tracy Martinez — his 45-year-old estranged wife — as she tried to flee from his pickup truck. Authorities said the teen was in the truck when her mother was shot, and an Amber Alert was issued.
San Bernardino County deputies spotted the truck the next day, and a 41-mile (66-kilometer) pursuit ensued on Interstate 15. As Anthony Graziano was driving, authorities said numerous rounds were fired at deputies from the rear and passenger-side windows of the vehicle. Audio from the deputies' belt recorders included the sounds of rounds hitting their patrol vehicles. One deputy sustained gunshot wounds to his arm and to fingers on both of his hands.
Authorities said shots continued to be fired from Graziano's truck after he drove off the freeway and up an embankment. About 65 spent casings and four firearms were found in the truck. The investigation also determined that 21 deputies returned fire.
The report states that the vehicle came to a stop and the teen — wearing a tactical helmet and vest — got out of the front passenger door and initially crouched on the ground. She then got up and moved toward a deputy as he called out to her. She raised her right hand, and that is when other deputies opened fire, according to the report.
Anthony Graziano was found dead in the driver's seat. Autopsy results showed he died from a gunshot wound to the head and also suffered gunshot wounds to his shoulder, lower back and leg. A toxicology report showed he had methamphetamine and amphetamine as well as morphine and hydrocodone in his blood and urine.
No drugs or alcohol were found in Savannah Graziano’s blood or urine. Her cause of death was listed as gunshot wounds.
Gunshot residue was present in samples taken from the hands of both the teen and her father. The report notes that gunshot residue particles can be deposited by firing a firearm, being in proximity of a discharging firearm, or by handling a firearm or ammunition.
The report states “no conclusion" can be drawn from the residue testing as to whether the teen or her father fired a firearm. But in attempting to recreate multiple shooting positions from inside the truck given the location of powder burns left by the muzzle of a rifle found in the vehicle, investigators found that the driver would not have been able to shoot the rifle and still maintain control of the gas and brake pedals.
Prosecutors noted in the report that evidence suggested that deputies believed both Graziano and his daughter — who was experienced at handling firearms and had participated in firearms training drills with her father — posed an imminent threat and that the need to use lethal force was reasonable.
Family members told authorities that Graziano had been living in his truck and that his daughter would often stay with him, sleeping in the truck next to a park. They said the teen was upset about her parents' divorce.
The report also included recommendations related to training and dash-mounted and body-worn camera policies. The attorney general's office said the sheriff's department had implemented the training recommendations following the incident.
Susan Montoya Bryan, The Associated Press
