The state Department of Justice on Friday, March 28, cleared San Bernardino County sheriff’s deputies of criminal wrongdoing in the 2022 fatal shootings of a Fontana man wanted for murder and his teenage daughter — who was unarmed as she attempted to surrender — amid a chaotic scene at the end of a pursuit at a 15 Freeway offramp in Hesperia.
The 84-page report also makes four policy recommendations that Sheriff Shannon Dicus said have already been addressed. The report’s completion was delayed by a backlog and the ransomware attack on the Sheriff’s Department in 2023.
Attorney General Rob Bonta said the deputies’ actions on Sept. 27, 2022, did not amount to murder, second-degree (non-premeditated) murder or voluntary manslaughter (a killing without malice). The DOJ investigates fatal shootings of unarmed civilians by law enforcement officers.
“A detailed analysis of the evidence pertaining to the (shooting) shows that 22 SBSD deputies actually and reasonably believed that deadly force was necessary to defend against an imminent threat of death or serious bodily injury to the officers or others,” Bonta wrote.
During the 41-mile pursuit, mostly on the southbound 15 Freeway through the High Desert, shots were fired from 45-year-old Anthony John Graziano’s Nissan Frontier during the final 34 miles, the report said. At least six patrol cars were struck — three were disabled — and one deputy and one bystander were shot.
Graziano left the freeway at Main Street in Hesperia and traversed the dirt area of the off-ramp, eventually stopping facing north on the shoulder of the southbound side. It was then that his 15-year-old daughter, Savannah, ran from the vehicle and then crawled toward a deputy who was urging her to come to him.
But that deputy’s shouted commands in an attempt to bring her to safety likely could not be heard over the noise of the gunfire and two law enforcement helicopters, the report said, and other deputies — some who likely saw Savannah wearing a tactical helmet — fired on her as she stood up and raised her right arm.
In that final shootout, 21 deputies fired an estimated 199 rounds, the report said, striking the Nissan 145 times. One deputy alone fired some 40 rounds.
Savannah died after suffering six gunshot wounds. Deputies found a folding knife in her clothes.
Her father was found dead in the Nissan amid a mess of blood and shattered glass. Some 65 ammunition casings were found in the Nissan, along with several handguns, a rifle, hundreds of rounds of ammunition and a vile of methamphetamine, which was found in Graziano’s blood during an autopsy, the report said.
Additionally, deputies located a beige leather backpack with flower stitching containing among other things, two smoke canisters, one flash-bang canister and a two-page letter to Jesus, signed “Anthony.”
Dicus said in a written statement Friday that the report supports his belief that his deputies’ actions were justified.
“Although the outcome does not diminish the loss of life, it acknowledges the difficult decisions made by our deputies to protect the community, themselves, and others,” Dicus wrote. “We understand the gravity of the situation and the impact it has on our community.”
Bonta made four recommendations to the Sheriff’s Department:
• Give deputies more training on “crossfire and field of fire” to avoid endangering bystanders and deputies. Dicus said three related topics have been added to department training.
• Provide refresher training on incident command and communications between ground units when using lethal force. That training was provided shortly after the shooting, Dicus said.
• Consider equipping and installing an in-car video system in patrol units. The department “is always looking at new technology for use in the field,” Dicus said. Deputies began using body-worn cameras in February 2023.
• Revise its policies regarding body-worn cameras to require, rather than permit, audits to ensure compliance with department policies. Dicus said some policies on use, activation and review have been updated.
Friday’s report provides new details on the case, beginning with Anthony Graziano gunning down his wife in a domestic dispute the day before as his daughter appeared to help him, and including a dramatic moment-by-moment retelling of the pursuit as deputies chased Graziano’s vehicle at speeds over 110 mph even as bullets pierced their patrol cars.
The Department of Justice’s investigation did not conclude that Savannah Graziano fired on deputies but suggested she did. The gunshot residue found on her hands could have come from her father firing weapons, the report said. But one witness placed her father behind the wheel, and two deputies said over the police radio that they saw gunfire coming from the passenger’s side, according to the report.
What’s more, interviews with family members revealed that the teenager knew how to handle weapons. She went shooting with her father, had her own 9-millimeter rifle and “according to her brother was ‘pretty decent’ with the rifle, hitting the target with almost every round from 100 yards.”
None of the deputies involved on the ground would make a voluntary statement to Attorney General investigators, said the report, which noted they had a right to remain silent. Deputies and California Highway Patrol officers who watched the shootout from helicopters did talk to investigators.
Graziano, who family members said had been verbally abusive to his wife, Tracy Martinez, shot and killed her around 7:30 a.m. on Sept. 26 in front of Cypress Elementary School, the report said. Savannah had been in the back seat when her father pulled a gun on his wife. Martinez tried to flee out the front passenger door, but Savannah closed that door.
Graziano then reversed the Nissan, striking a Honda Odyssey. Graziano drove away, the Honda driver in pursuit. Graziano then stopped, got out of the car and fired on the Honda. Martinez ran from the Nissan, but Graziano shot her dead, the report said, citing surveillance images and witness statements.
Graziano then drove away with Savannah still in the car. Fontana police put out an Amber Alert with the belief that Savannah may be the victim of a kidnapping.
She was spotted the next day buying snacks at the Pilot Travel Center in Boron, which is located along Highway 58 west of U.S. Highway 395. Savannah did not appear to be in distress.
“It didn’t look like she lost her mom yesterday,” a clerk told investigators.
Sheriff’s deputies spotted the Nissan heading east on the 58 before transitioning to the southbound 15, beginning the chase that ended in Hesperia.
