A 34-year-old would-be cop killer was sentenced Friday to 60 years to life in prison for shooting a Fullerton police officer, who suffered leg and arm wounds, but had his life spared by a bullet-proof vest.
Marcos Allen Bush, who had been acquitted of attempted murder in a separate case about a week-and-a-half prior to the shooting of the officer, was convicted March 15, 2017 of attempted murder, possession of a weapon by a felon and shooting at two inhabited dwellings. Jurors also found true various sentencing enhancement allegations for the personal discharge of a weapon.
A prior felony conviction doubled his punishment.
Orange County Superior Court Judge David Hoffer rejected a motion for a new trial. Attorney Jacqueline Goodman argued jurors were not given enough evidence of the possibility someone else shot the officer. Hoffer disagreed, saying Bush received “excellent” assistance from his prior attorney and that the evidence against the defendant was too “powerful.”
Bush blasted his previous attorney, Doug Myers, claiming Myers did not do anything to help in his defense.
While he said he “very much respects” the jury’s decision, he added that they were given a “heavily one-sided story.” Bush said Myers rarely visited him in jail to discuss the progress of the defense and Myers “did zero to prep me” for the defendant’s testimony.
“I am innocent,” Bush said. “I’m confident my outcome would have been different if my competent-looking lawyer had done a better job.”
Bush said the “Orange County system of justice would have dazzled even John Wayne.”
To the victim, Bush said, “I cannot begin to imagine the horror and agony you went through.” He added, “God’s hand was on you that night and he had different plans for you.”
Bush said the “psychological trauma” of the shooting had to be worse than the physical wounds.
“I truly am sorry for what you’ve gone through,” Bush said.
The officer declined comment following the sentencing.
Bush’s pastor Willie Holmes Jr. praised the defendant as a “man of excellent character” and an “excellent family man.”
Bush is a “misguided young man who lost his way,” Holmes told Hoffer.
The defendant’s friend, Dwayne Shipp, told Hoffer that the charges against Bush don’t represent “the person I know… I’m a little lost for words.”
Shipp said Bush was a “stand-up dude.”
Hoffer said he handed down the stiffest punishment possible because, “He shot at a police officer… He basically shot all the rounds in the gun… He basically unloaded the gun at point-blank range.”
According to Senior Deputy District Attorney Gary Logalbo, the Fullerton officer spotted a 2002 Grand Prix “kind of weaving” just after midnight on the day of the shooting and pulled the driver over at Woods and Knepp avenues.
The officer noticed the rear windows were tinted and he could not see in, but Bush told the officer the window didn’t work and he couldn’t open it, the prosecutor said. The officer asked Bush to show his hands, which he did several times, but then Bush withdrew back into the car, Logalbo said.
Bush also seemed to be lying when he said he was in the area to see a girlfriend because he didn’t know her last name, and when he was asked for her address, he paused before looking around at street signs and settling on an address within eyesight, Logalbo said.
Bush then “came up with a .45, semiautomatic Glock,” and the officer “feels the gun hit him in the chest,” Logalbo told jurors in his opening statement.
A round slammed into the officer’s chest, which was protected by body armor, Logalbo said.
The officer staggered back as the defendant fired off a total of seven rounds, the prosecutor said.
The officer sustained wounds to his leg and arm and a graze wound to a hip, Logalbo said, but managed to get behind his patrol car and fire off two rounds using his wounded arm as the defendant raced away in the car.
Police later tracked down the vehicle and recovered a can of Coke with the defendant’s DNA on it, Logalbo said. The officer also identified the defendant in a photo lineup and described a tattoo on Bush’s arm that said “West Coast” in “tagger calligraphy,” he said.
Later the same day, police tracked Bush to a home in Anaheim and arrested him following a foot chase, Logalbo said. During the pursuit, the defendant dropped a gun, retrieved it and then tried to throw it away, but police recovered the weapon and ballistics tests showed it was used in the shooting, according to the prosecutor.
Bush testified that a man in the backseat of the car he identified as Maurice was the actual shooter.
Andre Jones, who was arrested in the case but was not charged, refused to testify in the trial and cited his constitutional rights against self- incrimination.
Co-defendant Sjanee Duhart, 31, of Riverside pleaded guilty and was sentenced to two years in prison for being an accessory after the fact, Logalbo said.
On March 6, 2013, Bush was acquitted of attempted murder, carjacking and second-degree robbery. The case involved a fistfight with a man accused of carrying on a relationship with the underage niece of Bush’s girlfriend at the time, according to Myers.
–City News Service