Orange County District Attorney Press Release
For Immediate Release, Case # TBA: March 19, 2013
*Defendant was acquitted two weeks prior in another gang-related attempted murder case
SANTA ANA – A parolee gang member, who was acquitted by a jury two weeks ago in a gang-related attempted murder and carjacking case, has been charged with attempting to murder a Fullerton Police Department (FPD) officer by shooting him several times at close range during a traffic stop. Marcos Allen Bush, 29, is charged with one felony count each of attempted murder, shooting from a motor vehicle, assault with a semiautomatic firearm on a peace officer, possession of a firearm by a felon, and street terrorism, three felony counts of shooting at a residence, and sentencing enhancements and allegations for criminal street gang activity, the personal discharge of a firearm causing great bodily injury, the personal use of a firearm, causing great bodily injury, and a prior strike conviction for criminal threats from 2009. If convicted, he faces a minimum sentence of 60 years to life in state prison. Bush is being held on $1 million bail and has a no-bail parole hold. He is expected to be arraigned today, Tuesday, March 19, 2013, in Department CJ-1, Central Jail, Santa Ana. The time is to be determined.
At the time of the crime, Bush is accused of being a documented member of an Anaheim criminal street gang and on parole for assault with a deadly weapon with force likely to cause great bodily injury, criminal threats, and domestic violence from 2009.
At approximately 12:15 a.m. on March 17, 2013, Bush is accused of driving in Fullerton with an unidentified passenger and was pulled over in a traffic stop by an FPD officer. The officer approached the driver’s side door and contacted Bush. As the windows of the vehicle had a dark tint, the officer could not see into the back seat area of the vehicle. As the officer stood close to the car to determine how many occupants were inside, Bush is accused of pulling out a firearm and shooting the officer at point-blank range in the chest. The officer was wearing a ballistic vest, which prevented the bullet from penetrating the body.
As the officer stepped back, Bush is accused of firing out the window at the officer several more times, hitting him twice in the arm and once in the leg. Bush is accused of firing several more times and hitting residences in the area. He is accused of then speeding away and fleeing the scene. The officer was able to fire two rounds at the suspect vehicle as it sped away. It is unknown if the officer struck the defendant’s vehicle.
FPD began investigating this case and identified Bush as a suspect. On the afternoon of March 17, 2013, FPD located Bush at an apartment in Anaheim. With the assistance of the Anaheim Police Department, FPD attempted to arrest the defendant. Bush is accused of running from officers and discarding a firearm and bullets as he ran. The defendant was caught and arrested. The firearm and bullets that were recovered will be tested for forensic evidence at the Orange County Crime Laboratory.
Approximately an hour after the shooting, the California Highway Patrol located the vehicle used in the shooting in Riverside County. Sjanee Duhart, 27, is accused of being the sole occupant of the vehicle at that time. She is accused of attempting to get rid of the vehicle to aid Bush with the intent that he avoid and escape from arrest, trial, conviction, and punishment. She was arrested at the scene. Duhart is charged with one felony count of accessory after the fact and a sentencing enhancement for criminal street gang activity. If convicted, she faces a maximum sentence of seven years in state prison.
The officer was transported to the hospital and is recovering from his injuries.
The investigation is ongoing. Anyone with additional information regarding the case or unidentified passenger is encouraged to contact Supervising District Attorney Investigator Naran Chantanasombute at (714) 347-8844 or FPD at (714) 738-6800.
Deputy District Attorney Gary Logalbo of the TARGET Unit is prosecuting this case.
Recent Criminal Case (Case # 10NF1766)
Less than two weeks prior to the March 17, 2013, crime, Bush received a verdict of not guilty in a gang-related jury trial. The People presented the following evidence in that trial:
On June 8, 2010, Bush is accused of plotting with his girlfriend, Cortney Brandon, and Brandon’s teenage niece, Andrea Brandon, to rob Andrea Brandon’s ex-boyfriend. The victim, John Doe, was known to Andrea Brandon to carry money. Andrea Brandon is accused of setting up a meeting with John Doe. Bush is accused of approaching John Doe’s car on the day of the meeting, demanding money and the keys to the vehicle, and pulling a firearm at the victim. After a short struggle, John Doe got out of his car and retrieved a metal pipe from the trunk. Bush is accused of shooting one time at John Doe, but the victim was not hit. Bush is accused of then taking the pipe from John Doe and hitting the victim in the head and arm, causing serious bodily injury. The defendant is accused of then stealing John Doe’s car.
Andrea Brandon was 16-years-old at the time of the crime and charged as an adult. Her case was later sent back to juvenile court. The case against Cortney Brandon was dismissed Jan. 31, 2011, due to a lack of sufficient evidence to prove a case beyond a reasonable doubt. Bush was tried on one felony count each of carjacking, attempt murder, robbery, aggravated assault with a firearm and aggravated assault with a deadly weapon with sentencing enhancements for causing great bodily injury and the personal discharge of a firearm. Bush, who was out of custody on bail during the jury trial, testified that he was acting in self-defense and defense of others when he hit and shot at John Doe. He claimed that there was no robbery plot and that he was trying to protect Andrea Brandon from being sexually assaulted by John Doe. Bush was found not guilty by the jury March 6, 2013.
The case was prosecuted by Deputy District Attorney Yvette Patko of the TARGET Unit.
Tony Rackauckas, District Attorney
401 Civic Center Drive West
Santa Ana, CA 92701
Susan Kang Schroeder
Chief of Staff