SAN BERNARDINO COUNTY – California attorney general Rob Bonta released a report, March 28, concluding that criminal charges are not appropriate against the 21 San Bernardino Sheriff’s Department (SBSD) deputies who fired their weapons at the end of the pursuit of Anthony Graziano. 

Graziano and unarmed daughter, 15-year-old Savannah Graziano were killed.

“This report was quite difficult to publish, and I sincerely hope it provides the community with the answers they’ve been waiting for,” said Bonta.

Assembly Bill 1506 requires the Department Of Justice (DOJ) to investigate all incidents of officer-involved shootings resulting in the death of an unarmed civilian in the state.

The DOJ investigated the incident and found there wasn’t enough evidence to prove the 21 deputies didn’t act in self-defense or to protect others from what they 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,” said the press release.

Amber Alert issued for Savannah Graziano

An Amber Alert was issued for Savannah Graziano on September 26, 2022 after her father, Graziano shot and killed his wife, Tracy Martinez, on a public street in Fontana and drove off in a Nissan Frontier with his daughter. 

On September 27, witnesses called 911 and reported seeing the Nissan Frontier and Savannah Graziano in San Bernardino County.

According to SBSD, deputies pursued the Nissan Frontier on southbound Interstate 15. During the last 34 miles, as Graziano drove the vehicle, numerous rounds were fired at pursuing deputies from the rear and passenger-side windows of the Nissan Frontier.

Graziano drove off the freeway. Shots continued to be fired from the Nissan Frontier as 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, Graziano was discovered deceased in the driver’s seat of the Nissan Frontier.

During the one minute and ten seconds that had elapsed from the time the Nissan Frontier drove past Main Street in Hesperia and left the freeway until Savannah Graziano fell,  approximately 199 rounds were fired by 21 SBSD deputies.

‘Deputies likely believed Savannah Graziano posed an imminent threat’

The report said that deputies who fired at Savannah Graziano after exiting the vehicle, likely believed that she posed an imminent threat based on her past conduct of firing at the deputies and her movement that could have been considered an attack.

In the report, the DOJ said that one deputy was recorded stating, “she was shooting.” Further, the reenactment evidence strongly suggests that the passenger, Savannah Graziano, was firing outside the rear window. 

The investigation also found evidence of Savannah Graziano’s past that tends to corroborate that she had the skill and ability to fire at the deputies. 

Savannah raised her right hand as she approached deputy

In addition, the DOJ said the deputies could have believed that Savannah Graziano continued to pose a deadly threat when she emerged from the truck and walked toward deputies wearing a tactical helmet.

“When Savannah rose, she ran towards Deputy Johnson and raised her right hand. Deputies could have reasonably believed that these actions, in context, posed an imminent threat to Deputy Johnson and others,” said the report.

Although Deputy David Johnson urged Savannah Graziano to come to him, his words were eclipsed by the sounds of gunfire and helicopters and are inaudible on the other deputies’ belt recordings.

The report said deputies told Savannah, “let me see your hands, let me see your hands,” as they approached her with guns drawn to check for a pulse. The DOJ says this supports their belief that Savannah Graziano was a threat.

“All of this evidence suggests that the deputies believed both occupants, Mr. Graziano and Savannah, posed an imminent threat when they fired at the Nissan Frontier,” said the DOJ report. 

Four policy recommendations for SBSD

The DOJ concluded its report with four recommendations for SBSD.

• Give deputies a refresher training on crossfire and field of fire to avoid and minimize risk to bystanders and deputies.
• Provide refresher training on incident command and communications between ground units when using lethal force.
• 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.)
• Revise its policies regarding the use of body worn cameras.

To read the full report visit https://oag.ca.gov/system/files/ois/report/2025_03_Graziano_AB_1506_Report.pdf