County of Sonoma Agenda Item Summary Report

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1 County of Sonoma Agenda Item Summary Report Agenda Item Number: 1 (This Section for use by Clerk of the Board Only.) Clerk of the Board 575 Administration Drive Santa Rosa, CA To: Board of Supervisors Board Agenda Date: March 25, 2014 Vote Requirement: Majority Department or Agency Name(s): Board of Supervisors and Sheriff s Office Staff Name and Phone Number: Supervisor Efren Carrillo (707) Sheriff Steve Freitas Title: Gold Resolution Recommended Actions: Supervisorial District(s): Fifth District Adopt Gold Resolution supporting the dedication of a portion of Highway 116, in the Jenner area, in memory of Deputy Sheriff Merrit W. Deeds upon the upcoming 40 th anniversary of his death. Executive Summary: The Sonoma County Deputy Sheriff s Association and the Sonoma County Reserve Deputies Association propose that a portion of Highway 116 in the Jenner area be dedicated in memory of Deputy Sheriff Merrit W. Deeds, who was sacrificed his life in meritorious service for the residents of Sonoma County on August 23, In order for this request to proceed through the state approval process, which requires an act of the legislature, Caltrans guidelines require that it have a resolution from the Board of Supervisors indicating support for the dedication. The proponents of this project would like to have the dedication occur on or before August 23, 2015, in commemoration of the 40 th anniversary of Deputy Deed s death, and are therefore seeking legislative approval during the 2014 legislative session. Prior Board Actions: Strategic Plan Alignment Revision No

2 Expenditures Fiscal Summary - FY Funding Source(s) Budgeted Amount $ $ Add Appropriations Reqd. $ State/Federal $ $ Fees/Other $ $ Use of Fund Balance $ $ Contingencies $ $ $ Total Expenditure $ Total Sources $ Narrative Explanation of Fiscal Impacts (If Required): There is no County cost involved. Costs of the dedication signs, etc will be the responsibility of the project proponents. Staffing Impacts Position Title (Payroll Classification) Monthly Salary Range (A I Step) Additions (Number) Deletions (Number) Narrative Explanation of Staffing Impacts (If Required): Attachments: Attachment 1: Resolution supporting dedication Attachment 2: Project proposal and incident summary Related Items On File with the Clerk of the Board: Revision No

3 County of Sonoma State of California Date: March 25, 2014 Item Number: Resolution Number: 4/5 Vote Required Resolution Of The Board Of Supervisors Of The County Of Sonoma, State Of California, Supporting the Dedication of a portion of Highway 116, in the Jenner area, in memory of Deputy Sheriff Merrit W. Deeds Whereas, Merrit W. Deeds served in the United States Army, as a member of the 81 st Airborne in Vietnam; and Whereas, Mr. Deeds first served as a Summer Deputy with the Sonoma County Sheriff s Office in 1970 and was assigned to the Guerneville Substation; and Whereas, On August 23, 1975, Deputy Deeds was notified that he was to become a permanent, full-time Deputy Sheriff with the Sonoma County Sheriff s Office; and Whereas, Only hours after this notification, Deputy Deeds was patrolling Highway 116 near Jenner when he stopped to talk with three men who were parked on the side of the road; and Whereas, The driver of the vehicle fired two shots at Deputy Deeds, the second of which was fatal; and Whereas, Off-duty Reserve Deputy Rex Nance stopped to assist, and Deputy Deeds was able to warn him that the suspect had a gun, possibly saving Reserve Deputy Nance s life; and Whereas, At the age of 32, Deputy Merrit W. Deeds sacrificed his life in meritorious service for the residents of Sonoma County. Now, Therefore, Be It Resolved Sonoma County Board of Supervisors supports the dedication of a portion of Highway 116, in the Jenner area, in memory of Deputy Sheriff Merrit W. Deeds.

4 Resolution # Date: Page 2 Supervisors: Gorin: Zane: McGuire: Carrillo: Rabbitt: Ayes: Noes: Absent: Abstain: So Ordered.

5 Our Proposal The Sonoma County Deputy Sheriff's Association and the Sonoma County Reserve Deputies' Association propose that the portion of Highway 116, from Jenner in the west to Guerneville in the east, be named in memory of Deputy Sheriff Merrit W. Deeds. We propose this dedication to memorialize the sacrifice made by him serving the County of Sonoma and particularly the west county, working out of the River Substation at Guerneville. If that length of highway is beyond the limits for such a dedication, we then propose that the portion of Highway 116 from Jenner at the west to Duncans Mills in the east be so dedicated. Merrit's widow and daughters enthusiastically support this proposal as does Sheriff Steve Freitas. If approved, funds will be raised by the members of the associations named above as well as by many active and retired members of the Sheriff's Office, other law enforcement agencies in Sonoma County and members of the community, particularly in western Sonoma County. T. J. Van Bebber, a Sheriff's Sergeant and president of the Sonoma County Deputy Sheriff's Association, and Mike Voorhees, a Sheriff's Reserve Captain and member of the board of directors of the Sonoma County Reserve Deputies' Association are co-chairing this project. For additional information or presentations please contact Mike Voorhees at or mike.voorhees@sonoma-county.org. 1

6 Merrit Wayne Deeds Merrit was born February 23, 1943, in Rhonerville, California. As he was growing up, his family moved to Cloverdale, Fort Ross, Healdsburg and Windsor. He graduated from Healdsburg High School in After graduation, Merrit worked in the woods with his grandfather and at Asti Winery. Merrit went into the Army in 1964 and served in Viet Nam in the 81 st Airborne. After returning, he attended Santa Rosa Junior College, worked for the phone company and later as a security guard. He moved to Sacramento in 1970 to attend Sac State. He joined the Sacramento County Sheriff's Office as a part-time Deputy Sheriff and also worked at Juvenile Hall. During the summer of 1970, Merrit joined the Sonoma County Sheriff's Office as a Summer Deputy, a part-time position, and was assigned to the Guerneville Substation for that summer. After graduation from Sac State, Merrit moved to Juneau, Alaska and attended the Alaskan State Trooper Academy and, upon graduation, became a State Trooper. Missing family in Sonoma County, Merrit and his wife returned to Sonoma County in On May 23, 1975, Merrit again became a Summer Deputy for the Sonoma County Sheriff's Office, and this time was assigned as the Resident Deputy in Cazadero, providing him with a one-bedroom home near the Cazanoma Lodge. On August 23, 1975, three months after his appointment as a Summer Deputy, Merrit was told that he was to become a permanent, full-time Deputy Sheriff. He was murdered just before midnight that same day. He was survived by his wife and two small daughters. 2

7 () Synopsis of the Deeds/Nance Shooting / On August 23, 1975, at approximately 23:33 hours, Deputy Sheriff Merrit Deeds (32) and Reserve Deputy Rex Nance (36) were shot by John Robert Shirey (39). Deputy Deeds died from two bullet wounds. Reserve Deputy Nance, wounded five times, eventually recovered. The shooting occurred on eastbound State Highway 116, approximately 1/2 mile east of the intersection with State Highway 1, near Jenner. Deputy Deeds was on-duty, driving a marked patrol vehicle and travelling eastbound on Hwy 116, toward the Sheriff's substation in Guerneville. As he rounded a bend in the road, he saw an Oldsmobile sedan parked along the eastbound shoulder and at least 3 adult males in or near the vehicle. Deputy Deeds pulled off the roadway and parked approximately three car lengths in front of the Oldsmobile, exited his patrol vehicle and approached the driver, Shirey, age 39. According to Shirey's passengers, David Wayne Waite (age 20) and Steven George Johnson (age 18), Deputy Deeds inquired as to why the men were parked, obtained identifying information from them and returned to his patrol car. After returning to the patrol car, Deputy Deeds was contacted by a juvenile who knocked on the window and told him that he and his friend, another juvenile, needed a ride to Guerneville, because one of the men tried to commit a criminal sexual act with him. Deputy Deeds again exited his patrol vehicle and approached the Olds. Just as he reached the driver's door of the Olds, the juvenile yelled out, "He's got a gun!" Shirey, armed with a 9mm pistol, pointed it at Deputy Deeds, rapidly opened the door, exited the vehicle and disarmed Deputy Deeds. Shirey led Deputy Deeds to the right rear of the Olds and held him there. Waite remained in the back seat of the Olds and Johnson stood on the driver side of the Olds. U Reserve Deputy Nance, off-duty and driving his private vehicle, a Dodge pickup truck, was eastbound on Hwy 116, returning to his home near Cazadero. He was accompanied by a friend, Barbara. As he rounded a curb in the road, he saw Deputy Deeds standing at the rear of an Oldsmobile with another man, apparently scuffling. Nance pulled his truck in front of the patrol car, exited his truck, walked between his truck and the patrol car then along the passenger side 3

8 ( ~,'\, ) of the patrol car and toward the right rear of the aids. Just as Nance arrived at the rear of the aids, Deeds yelled, {{Rex, he's got a gun!/i whereupon Deeds dove for Shirey, attempting to take control of a weapon. Nance likewise immediately dove for Shirey. As he did so, Shirey opened fire with both his 9mm pistol and Deeds' revolver. Nance saw a bright flash and felt tremendous heat and a concussion near the right side of his head, resulting in him falling forward to his knees. Deeds was shot twice, once in the right cheek and then, as he was falling, in the upper back, just below his neck. Deeds fell to the ground, dead. Nance, supporting himself with his left hand and attempting to rise from the ground and draw his off-duty weapon with his right hand, was shot in the right arm near the elbow, thereby losing his grip of his weapon. As he rose, Nance was shot again, this time in his right upper chest. Nance moved toward his truck to escape Shirey and was shot again, this time in the abdomen. Shirey fired again and missed, striking the roofline of the patrol car. () Nance got back to his truck and into the driver seat. Shirey and Johnson reentered the aids, with Johnson driving, Shirey in the right front passenger seat and Waite in the rear seat. The aids pulled onto the highway and alongside Nance}s truck. Shirey turned in the passenger seat, bracing himself against the dashboard, and fired the 9mm pistol toward Nance at least three times, striking Nance again in the right arm and flattening the left front tire of Nance's truck. Nance attempted to drive away but was prevented from doing so by the front tire of his truck being flattened by the gunfire. The aids drove east toward Guerneville then turned around, heading west on Hwy 116 then south on Hwy 1. Nance, gravely wounded} had his friend attempt to contact Sheriffs dispatch on a low-powered radio installed in his truck} to no avail. Nance then stumbled to the patrol car and used its radio to call for help for Deeds and himself and gave a description of the aids} the shooter and his accomplices. Nance sent his friend} Barbara} to check on Deeds and to attempt to find his weapon in case the suspects returned. Barbara determined that Deeds was at least gravely wounded} if not dead} and feared that moving him might exacerbate his injuries if he were still alive. 4

9 ( Based on Nance's call for help, other Deputies and members of allied agencies responded to the scene and began a search for the suspects. The first patrol vehicle to arrive, driven by Deputy Brent Jameson and his partner, Reserve Deputy Bill Passalacqua, arrived approximately twelve minutes later, reported that Deputy Deeds was deceased and that Reserve Deputy Nance was gravely wounded. While driving south on Hwy 1 and at Shirey's direction, Johnson stopped the Olds so that Shirey could retrieve a twelve gauge shotgun and a box of ammunition from the trunk of the Olds. Shirey told Waite, still in the back seat that, if they were stopped by a law enforcement officer, Waite was to duck down so that Shirey could shoot the officer through the back window. The Olds continued south on Hwy 1 then east on Highway 12. Just east of Freestone, CHP Officer Jack Symons and Sergeant Arnold Pederson were westbound on Hwy 116, intending to turn at Freestone and head toward Camp Meeker and Monte Rio. The CHP officers saw a vehicle matching the description of the suspect vehicle and turned around to stop it. The Olds turned south on Barnett Valley Road and into the driveway of a residence, approximately onequarter mile south of Highway 12. The driveway was sloped in such a manner that when the CHP car pulled behind the Olds, the headlights of the CHP car flooded the back window of the Olds with light, preventing Shirey from being able to see the officers. Shirey attempted to flee into the brush but was seen and stopped by Sgt. Pederson. The three suspects were taken into custody without incident. Sheriff's Sergeant Butch Carlstedt was first on the scene, assisted the CHP officers in searching the suspects and discovered three weapons in the aids, Deputy Deeds' revolver, the 9mm pistol and the shotgun. The time elapsed from the shootings to capture was approximately forty-five minutes. After many surgeries and a considerable amount of time, Reserve Deputy Nance recovered from his wounds but was unable to return to work as a Reserve Deputy. 5

10 ( Shirey was convicted of first degree murder and sentenced to death. His sentence was later commuted to life in prison due to death penalty court decisions. He died in prison. Deputy Sheriff Merrit Deeds is interred at the Shiloh Cemetery in Windsor. 6

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