Fatal Police Shooting Of Saratoga Man Was Lawful: Santa Clara DA

SANTA CLARA COUNTY, CA — The Santa Clara District Attorney's on Thursday decided the fatal shooting by police of a shotgun-wielding man who hijacked a delivery truck in San Jose in February was lawful.

Saratoga man Mark Morasky, 33, was killed near North First Street and Trimble Road on Feb. 14 after leading police on a chase in a stolen UPS delivery truck with a 23-year-old woman who shot at police with a shotgun as Morasky drove.

The district attorney's office announced its findings in a 37-page report released on Thursday.

According to the report, the incident started when Morasky and the woman, Joanna Macy-Rodgers, arrived together at the VTA Ohlone-Chynoweth Station in San Jose. Two plainclothes sheriff's deputies approached their GMC Yukon SUV, which was parked illegally across two stalls. When the deputies approached, displaying their badges, Morasky and Macy-Rodgers sped away.

The deputies chased them, but lost them briefly until the SUV approached their unmarked grey Dodge Caravan. Macy-Rodgers reportedly shot at the deputies with a shotgun before the two again fled.

During the deputies' pursuit of Morasky and Macy-Rodgers they continued to fire on the deputies and damaged several law enforcement vehicles, according to the report.

The two drove from the train station to the southbound side of state Highway 87, against traffic, and ended up in a nearby residential neighborhood after exiting at Curtner Avenue near the City of San Jose's Communications Hill.

In the neighborhood, the two ditched their SUV, found a UPS truck and ordered the truck driver at gunpoint to drive them out of the area.

The chase wove northbound onto Highway 87. A sheriff's deputy used spike strips to disable the truck's tires.

Morasky reportedly ordered the truck driver to exit at Skyport Drive and turn onto North First Street, where he again ordered the driver to stop just before Trimble Road.

A standoff ensued while Morasky held the driver hostage.

Macy-Rodgers surrendered to authorities just after 5:30 p.m., and the driver was released to authorities by Morasky at about 6:15 p.m.

Morasky then tried and failed to drive away in the truck. Sheriff's deputies and San Jose police blocked the truck's path with two armored vehicles.

At about 7 p.m., Morasky left the truck and ran with a shotgun toward police and civilians, the report said.

"Morasky's choice to avoid apprehension at all cost made him an imminent and formidable threat," Supervising District Attorney Miguel Valdovinos wrote in the report.

As Morasky ran from the truck, a San Jose police officer shot him. Authorities applied medical assistance to Morasky as he bled on the ground, next to the loaded semi-automatic shotgun.

Morasky had prior felonies for possession of a controlled substance for sale, carjacking and robbery, and possession, receiving or forgery of a document. His prior convictions date back to November 2011.

Macy-Rodgers is suspected of carjacking, kidnapping, taking a hostage and attempted murder of a peace officer. Her next court hearing is scheduled for 1:30 p.m. Nov. 18 in Department 37 of the Santa Clara County Superior Court's Hall of Justice in San Jose.

—By City News Service