SANTA ANA, Calif. – A parolee gang member, who was acquitted by a jury two weeks prior to these charges in a gang-related attempted murder and carjacking case, was convicted yesterday of attempting to murder a Fullerton Police Department (FPD) officer by shooting him several times at close range during a traffic stop. Marcos Allen Bush, 33, was found guilty by a jury on March 15, 2017, of one felony count each of attempted murder, shooting from a motor vehicle, assault with a semiautomatic firearm on a peace officer, and possession of a firearm by a felon, three felony counts of shooting at a residence, and sentencing enhancements and allegations for 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 2008. He faces a maximum sentence of 60 years to life in state prison at his sentencing on May 19, 2017, at 9:00 a.m. in Department C-42, Central Justice Center, Santa Ana.
At the time of the crime, Bush was 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 was driving in Fullerton with an unidentified passenger and was pulled over in a traffic stop by an FPD officer. The officer approached the driver side door and contacted Bush. The windows of the vehicle had a dark tint and the officer could not see into the back seat area of the vehicle. As the officer stood closer to the car to determine how many occupants were inside, Bush pulled out a firearm and shot the officer at point-blank range in the chest. The officer was wearing a ballistic vest, which prevented the bullet from penetrating his heart.
As the officer stepped back, Bush fired out the window at the officer several more times, hitting him twice in the arm and once in the leg. Bush then fired several more times and hit residences in the area. The defendant then sped away and fled the scene. The officer fired two rounds at the suspect vehicle as it sped away.
FPD investigated 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 ran from officers and discarded a firearm and bullets as he ran. The defendant was caught and arrested.
Senior Deputy District Attorney Gary Logalbo of the Gang/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 wasdismissed 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.
*Defendant was acquitted two weeks prior in another gang-related attempted murder case
Orange County District Attorney / Case # 13NF0945 / March 16, 2017