August 8, 2017

***************************************FOR IMMEDIATE RELEASE***********************************************

On April 3, 2017, Pendleton Police Department Corporal John Marano was involved in an Officer Involved Shooting at the intersection of Woodland and Poplar Streets. This shooting was investigated by SLED and per policy Cpl. Marano was placed on Administrative Leave. Following an exhaustive investigation SLED’s report was presented to Solicitor David Stumbo with the Eighth Circuit Solicitor’s Office for review. The SLED investigation has been closed and Solicitor Stumbo has presented his opinion on the case.

On April 3, 2017, Cpl. Marano was dispatched to 306 Woodland Cir., in reference to a domestic violence call. While en-route to the call Cpl. Marano was flagged down by a visibly upset female jogger (unrelated to the original call) who stated a man in his underwear had chased her while she was jogging. He proceeded to the intersection of Woodland and Poplar where he observed the man, later determined to be Jose Antonio Hernandez, coming toward him. Cpl. Marano exited his patrol vehicle and began giving Mr. Hernandez verbal commands. These commands were ignored and Cpl. Marano backed away to create distance and avoid a physical confrontation. Cpl. Marano continued to give clear verbal commands ordering Mr. Hernandez to the ground. These commands were also disobeyed and Cpl. Marano deployed his Taser, in an attempt, to prevent Mr. Hernandez from gaining control of the patrol vehicle. Once inside the patrol vehicle Mr. Hernandez put the vehicle in gear and twice attempted to gain access to the patrol rifle between the driver and passenger seat. Seeing this Cpl. Marano “fired his service weapon into the vehicle to defuse a lethal threat to both himself and the public.”

Solicitor Stumbo determined, based on the evidence, there was no criminal intent on the part of Cpl. Marano. “Corporal Marano’s assertion that Mr. Hernandez reached for the rifle was corroborated by the presence of Mr. Hernandez’s DNA on the rifle’s magazine and trigger.” Toxicology reports showed the presence of Marijuana, Methamphetamine, Amphetamine, Cocaine and Methadone in Mr. Hernandez’s system.

Following the opinion of Solicitor Stumbo and the closing of the investigation by SLED, Cpl. Marano will be returning to active duty with the Pendleton Police Department.

Our thoughts and prayers are with our officer and the wife and children of Mr. Hernandez.

The files listed below are the video of the case, the Solicitors determination letter and SLED’s letter closing the case.

The body worn camera illustrates the footage from the moment the call was initiated up until the body worn camera was turned off in accordance to policy at the end of the incident.

Video – viewer discretion is recommended due to the nature of the video:

https://youtu.be/2G4k-Tc3Vk0

Solicitors determination letter:

http://townofpendleton.org/wp-content/uploads/2017/08/Solicitor-Letter.pdf

SLED’s letter closing the case:

http://townofpendleton.org/wp-content/uploads/2017/08/SLED-Letter.pdf

All future inquiries about this investigation should be directed to the Town Administrator, Steve Miller, by calling 864-646-9409.