Santa Clara DA deem SJPD use of force on armed carjacker lawful

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SANTA CLARA (KRON) – The Santa Clara district attorneys office has deemed that the use of force used on February 14 against a shotgun-wielding suspect was lawful.

Police were lead on a chase after stopping Mark Morasky and Joanna Macy-Rodgers for parking their black SUV illegally. The suspects then fled and started firing a shotgun at pursing officers, striking their vehicle with buckshot.

After speeding down the 87 highway in the wrong direction during rush hour, the culprits pulled off into the Communication Hill neighborhood and commenced on foot.

After entering an apartment complex they threatened a UPS driver with the shotgun and forced him to drive them away.

When the vehicle stopped at North First Street near Trimble Road, Macy-Rodgers got out of the truck and surrendered. Still held captive, the UPS driver stayed with Morasky for another 38 minutes until he convinced him to let him go.

Morasky then tried to escape on foot when he was fatally shot by Officer Nicholas Bronte, a former U.S. Marine, from one shot of his service rifle.

“Morasky’s choice to avoid apprehension at all cost made him an imminent and formidable threat,” Supervising Deputy District Attorney Miguel Valdovinos said. “Concerned for his safety, the safety of other officers, and the safety of civilians in the area, Officer (Nicholas) Bronte had no other reasonable option but to discharge his weapon.”

Morasky, a two-striker from Saratoga on parole for violent crimes, told officers, and his captive before being shot, that he “would die rather than go back to prison.”

Marcy-Rodgers faces felony carjacking, kidnapping, hostage and attempted murder of a peace officer charges. Her next hearing is scheduled for November 18.

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