Mark G. Bernadiner

CUSTODIAL DEATH REPORT Agency Information ORIGINAL CDR Number: 20-1938-UF Version Type: VERSION Report Date: 2/5/2021 4:55 PM Status: Submitted Agency/Facility Information Pearland Police Agency Name: Agency Address: 2555 Cullen Pkwy. Dept. Agency City: Pearland Agency State: TX Agency Zip: 77581 Director Information Director Salutation: Captain Director First Name: Patrick Director Middle Name: Director Last Name: Savage Reporter Name: Patrick Savage Reporter Email: [email protected] Decedent Information Custodial Death Report :: Page 1 of 7 --- PAGE BREAK --- Identity of Deceased First Name: Mark Middle Name: G. Last Name: Bernadiner Suffix: Date of Birth: 9/19/1940 Sex: Male Race: Anglo or White Age At Time Of Death: 80 Date/Time of Custody (arrest, incarceration) (mm/dd/yyyy hh:mm AM/PM): Date/Time of Custody or 12/15/2020 3:32 Incident: PM Date/Time of Death (mm/dd/yyyy hh:mm AM/PM): 12/15/2020 3:32 Death Date and Time: PM Manner / Cause of Death Has a medical examiner or coroner conducted an evaluation to determine a cause of death? Medical Examiner/Coroner Yes, results are Evaluation?: available What was the manner of death? (select only one) Homicide (includes Manner of Death: Justifiable Custodial Death Report :: Page 2 of 7 --- PAGE BREAK --- Homicide) Medical Cause of Death: Medical Cause of Death: Gunshot wounds to torso. Had the decedent been receiving treatment for the medical condition that caused the death after admission to your jail's jurisdiction? Medical Treatment: Not Applicable If death was an accident, homicide or suicide, who caused the death? Law Who caused the death?: enforcement/correctional personnel If a weapon caused the death, what type of weapon caused the death? (Hold CTRL to select all that apply) Type of weapon that caused Rifle/shotgun death?: Was the cause of death the result of a pre-existing medical condition or did the decedent develop the condition after admission? Not Applicable; cause of death was Pre existing medical accidental injury, condition?: intoxication, suicide or homicide If death was an accident, homicide or suicide, what was the means of death? Means of Death: Firearm Custodial Death Report :: Page 3 of 7 --- PAGE BREAK --- Location / Custody Information Where did the event causing the death occur? Street Address: 1114 Sussex Trail City: Pearland County: Brazoria Zip: 77584 What location category best describes where the event causing the death occurred? Location Category: Roadway/highway/street/sidewalk What type of custody/facility was the Decedent in at the time of death: Pre-Custodial Use Type of Custody: of Force Specific type of custody/facility: Specific Type of Custody/Facility: N/A What was the time and date of the deceased's entry into the law enforcement facility where the death occurred (mm/dd/yyyy hh:mm AM/PM): Entry Date Time: Entry Date Time N/A: Where did the death occur? Death Location: Scene of incident Custodial Death Report :: Page 4 of 7 --- PAGE BREAK --- General Information Did any other law enforcement agencies respond to calls for service related to this incident? Other Agencies Respond?: No What were the most serious offense(s) with which the deceased was (or would have been) charged with at the time of death? Offense 1: Aggravated Assault F1, F2 Offense 2: Terroristic Threat SJF, M/B Offense 3: Unlawful Restraint M/A Not filed at time of Were the Charges:: death What were the types of charges or reason for contact? (Hold CTRL to select all that apply) Violent Crime Type of Offense: Against Persons At any time during the incident and/or entry into the law enforcement facility, did the decedent display or use a weapon? Decedent display/use of Yes, mark all that weapons: apply Decedent Display or Use Displayed other Weapon Details: weapon, specify: Specify Weapon Displayed: Marksman BB Repeater Air Pistol, black in color Custodial Death Report :: Page 5 of 7 --- PAGE BREAK --- At any time during the incident and/or entry into the law enforcement facility, did the decedent: Yes (select all that Attempt to Injure Others?: apply) Attempted to injure law enforcement Ways Decedent Attempted To personnel; Injure Others: Attempted to injure civilian(s) or other inmate(s) At any time during the incident and/or entry into the law enforcement facility, did the decedent: Appear intoxicated (alcohol or No Make suicidal statements?: No drugs): Exhibit any mental health Yes Exhibit any medical problems?: No problems?: At any time during the incident and/or entry into the law enforcement facility, did the decedent: Barricade self or initiate Resist being handcuffed or Yes No standoff?: arrested?: Physically attempt/assault Gain possession of officer's No No officer(s): weapon: Verbally threaten other(s) Escape or attempt to No No including law: escape/flee custody: Attempt gain possession No officer's weapon: Was the deceased under restraint in the time leading up to the death or the events causing the death? Under Restraint: No Summary of Incident Summary of How the Death Occurred: (max. 30,000 characters) Custodial Death Report :: Page 6 of 7 --- PAGE BREAK --- Summary: Pearland police officers were dispatched to the 1100 block of Sussex Trail in Pearland, Brazoria County on December 15, 2020 at 1522hrs in reference to a 911 emergency call report of a female subject being held against her will by a known male subject who was pointing a gun at her. The Reportee on the phone named the suspect and advised that he was 85 yoa and suffered from dementia. During the call, while police were responding to the scene, the Reportee advised that the suspect fired the gun at the ground and then approximately two minutes later that the suspect shot at her. Officers arrived at the scene and found that the suspect and Reportee appeared to still be inside of the house. An officer knocked on the garage door and shortly thereafter the suspect walked out of the front door of the residence. The suspect, who was an elderly white male, was ordered, "Hands up," after he exited the residence. The male walked down the driveway with a black pistol in his left hand. Officers ordered him numerous times, "Drop the gun," as he continued to walk down the driveway toward the officers behind a marked Pearland Police vehicle. As the suspect neared the sidewalk, he continued to be ordered to, "Drop the gun," however he raised the pistol toward the officers. An officer discharged his rifle four times and struck the suspect. After ensuring that the suspect did not have the pistol in his hand, first aid efforts, including CPR and dressing the wound, were immediately started by officers at the scene and a request for EMS was made. The suspect was deceased at the scene; the victim was located unharmed inside of the residence. It was found that the black pistol brandished by the suspect was a Marksman brand BB gun. This incident was presented to the Brazoria County Grand Jury on January 20, 2021 with a resolution of "No Action" to close the case. The incident is documented by Pearland PD cases 20-009467 and 20-009530. Custodial Death Report :: Page 7 of 7