This document is part of a series about Randall "Duke" Cunningham's attempted murder / suicide on November 25th, 2005
Home page for "Cunningham's Last Battle" web site / Contact the author / victim / witness Russell 'Ace' Hoffman
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What Happened:
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Friday night (11/25/05), the day after Thanksgiving, a man tried to commit suicide -- at first by himself, by flipping his car. I didn't realize that was what he was doing but braked anyway and said to Sharon (my wife): "Look at this guy!" But immediately after he recovered from THAT move, he aimed his car at us (going the wrong way in our lane) and started accelerating! It was a very determined effort, but I had fairly recently learned how to avoid this precise maneuver, as well as how to drive "non-aggressively." I credit our lives to the author of the locally-made public-television videos I mentioned in our phone call, which taught me both these things.
We later figured out that the other driver was indeed VERY despondent, because the following Monday he was going to have to: 1) Resign from his very prestigious job, and 2) Confess to very serious bribery charges.
I knew there was a problem with the police response, but I figured it was the sheriff's father or something small-town like that. I wasn't expecting THIS to be a case of "Celebrity Justice" at that point, because I didn't think the average cop would let the average celebrity go for what they had just done to me. I started investigating the car part myself that weekend, making several phone calls to local car dealers, explaining what had happened, describing the part I had recovered from the other person's vehicle. I was quickly able to positively identify the car type. I had told the 911 operator it was a modern version of a Suzuki Samurai, which was exactly what it turned out to be.
Despite the poor police response, when I saw our assailant on television, I assumed he couldn't be the guy for the simple reason that he had the world's most perfect alibi -- he was in Washington, resigning, and everybody knew it. But when I told my wife (who had not looked at the driver as he whizzed by, which is too bad, since she was significantly closer to him than I was) that it was a good thing he had the perfect alibi, she did not connect that comment to our accident the previous Friday, and asked what I meant. I said that he's in Washington, D.C. and everybody knows it. She said no he's not, he's here in San Diego -- and she asked why he needed an alibi. "Because I think he's the guy that tried to kill us" I replied. Her jaw literally dropped.
I realized it really had to be him -- the similarity to the man I saw whiz by us was just TOO GREAT even if I only saw him up close for an instant -- it was a very important "instant" and I was looking VERY carefully. As I realized this, of course, I began to also realize there was a police cover-up going on, as well.
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How were you damaged?
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Economically, the car had between about $750 and $1800 damage to it (the low figure is the one the insurance company says we can cash a check for, the high one is the one their approved body shop said they would charge to fix the damage. We have not yet repaired the car). We were NOT physically hurt, but we have certainly been traumatized by both the event AND the "curious" police response. Some of the problems include:
Refusal to interview witnesses, refusal to take the part we had recovered from the scene, the "responding officer" showing up 45 minutes late, refusal to look at skid marks, yelling at me when he drove up, immediately forcing me to MOVE THE CAR from the accident location to a nearby parking lot, and on and on and on. It was obvious he was not working for me. Something was very wrong.
After various letters, faxes, emails, and phone calls to the San Marcos Sheriff's Department, we went to our local police station to inquire how one normally SHOULD expect the police to proceed in a case like this. We told all the details but didn't mention the name of the person I saw drive the car -- I just said I saw the driver on television the following Monday and know his name. We didn't need to get past the receptionist, who had decades of work with various police departments, to learn that if we are not happy with the "Responding Officer's" behavior, we should ask to speak to his supervisor. So we tried that, too.
We tried everything, but they wouldn't open up ANY paperwork. I did tell them I am not interested in prosecuting Cunningham, if it was him, because he was (at the time) cooperating with authorities "on important matters," as I put it, but I expect the police to do THEIR job, nevertheless. They didn't.
A few months later, someone we've known professionally for about 10 years (I'd rather not say who but I bet you can guess) suggested we contact our elected officials and describe the incident, and say that we are totally unhappy with the police response -- but DON'T MENTION CUNNINGHAM. So Sharon wrote to County Supervisor Bill Horn and a few others.
As it turns out, Supervisor Horn had just been in a FATAL head-on collision we did not know about when we wrote our letter to him (his accident was apparently NOT a result of suicidal intent, though). We can't help but think that had an effect, since soon thereafter we got a "real" (but way after the fact) investigation going, which positively identified the other car (but the owner could not reliably explain where it was that night), and it got us an IA investigation which we have not heard the results of yet. The few people who seemed helpful were promoted and / or transferred.
A CLERB (Citizens Law Enforcement Review Board) investigation went nowhere and almost (but not quite) seemed to accuse us of wasting their time. They found our allegations unprovable, but I'm sure they made no effort to connect the car to Cunningham, and I'm sure they didn't try very hard to get sworn testimony from the responding officer or any of the others whom we claim have: Tampered and intimidated witnesses, destroyed evidence, lost faxes, emails, etc..
I think the problem is that their police procedure has been so outrageous that they cannot possibly cover their tracks. Their plan, from the start, was never to prosecute the case, simply because he was a Congressman and I was a nobody. Their plan was ALWAYS to simply dissuade, stall, lie, intimidate -- whatever it takes -- to stop the victims and the witnesses from cooperating with ANY formal investigation. Little did they know how much would go wrong in that plan.
For reference, I am an award-winning computer programmer whose software is used in schools in all 50 states and many foreign countries. More than a dozen military organizations around the world, including multiple branches of our own military, use my self-created educational software, and have for decades, and so have hundreds of universities, and thousands of individuals.
My late father (Army infantry) took part in the relief of Bastogne during WWII. So I say: "Nuts!" to the San Marcos Sheriffs!
I learned, from a statewide crackdown on speeding around 2003 or 2004 (just a few years ago) -- a big one that was all over the news -- not to speed. More than 1400 people got tickets that day, all across California (the most ever in one day). I didn't even DRIVE that day -- but I wasn't going to EVER forget that lesson. It saved my life.
I learned from that drivers' ed video on the local station not to be an aggressive driver. When I saw trouble I immediately braked fairly hard (and I was probably going a tad under the speed limit (45) to begin with) even though most people probably wouldn't have braked yet, but the driver's ed video taught me that, besides not carrying excessive speed in the first place, braking early is your BEST way to prepare for just about ANY trouble ahead. I remember tapping my brakes as I slowed down, to warn the driver(s) behind me (I think there was one, a few hundred feet behind me) to STAY BACK.
When Cunningham straightened out from the solo near-accident I witnessed, he immediately aimed his car at ours and started accelerating, undoubtedly with his pedal to the metal. I tried to move to the lane on my right (which I knew was empty at that moment) but he moved that way with me. The California driver's manual is very clear not to box yourself in, and the curb on the right meant I was boxing myself in, so I moved back to the left so I had choices again. He was still accelerating. He moved back WITH ME. It was, again, clearly intentional and was NOT going to end with him swerving away -- there was not one chance in a million that he wasn't aiming to kill himself by using my wife and I as a target. This I knew.
At this point I was completely OUT of ideas, so I stopped swerving left OR right, and just held my speed down and said: "Oh, Geez." We waited several seconds as he barrelled towards us. He was accelerating as much as possible the whole time. He never swerved again until AFTER I made my final swerve (into the turn lane in the middle) -- and then, again, he came TOWARDS me! By then I expected it, and had left enough of a margin to account for it.
After the final, desperate swerve the our left then to the right again, one lane over, my wife and I both were sure we had avoided him by inches, but THUNK!!! He smashed into our rear end. I had PURPOSELY left that part there for him to hit if he steadfastly REFUSED to turn away, and I didn't WANT him to turn away because if he did it was sure to mean it would just go for the next car, and then, sure enough, he was focused on OUR CAR and, thankfully, wasn't going to just skip me and go on to the next car. He hit my rear end, on the passenger side. I was unable to completely disable his car, he recovered enough to drive off very erratically (like his right front tire was flat or even his right tie rod was bent or broken).
During the approximately seven seconds his attack came on, the oncoming cars in his direction stayed well back as he headed towards me. So I could have used all three lanes on my left if I wanted them all. But I was content to stay in close, since I knew his type of car; I had seen it in profile when he nearly flipped it, and a friend happened to drive an earlier version of that car, so I knew the comparative capabilities of the two vehicles. This was crucial to knowing what to do.
Earlier versions of his car were FAMOUS for their rollover "capabilities," and I think he thought they still did that, but the automotive engineers evidently worked on the problem, and he finally gave up (I saw only the tail end of these attempts) and headed for my car instead. I was absolutely positive he was flooring it -- so when I started to turn, at a much slower speed than he was going, I absolutely KNEW that I would be able to out-run him providing I didn't make ANY mistakes: I didn't drop a foot off the gas or the clutch, didn't accidentally throw it out of gear or have it in the wrong gear (I chose second gear, I'm pretty sure, out of five, since I was already rolling but very, very slowly), didn't add too much gas and spin out, or etc. etc. etc..
The longer I waited to jump, the higher the odds it would work and I would be able to outrun him, unless, of course, I waited TOO LONG and couldn't beat his (expected) final turn towards me (which did, indeed, occur, but since I had expected it, I had left enough margin to outrun it, too. But only JUST enough).
I didn't want to be murdered by a suicidal Congressman or anyone else, and I expected police response to be something along the lines of helping to sort something out, taking witness statements, photographing evidence, SHOWING UP ON TIME, admitting they are holding the guy that tried to kill me, etc. etc. etc...
Instead, all I've ever gotten from the involved officers are lies, lies, and more lies. And they've insulted my wife numerous times and numerous ways. She's just thankful SHE wasn't driving that night, because there's no question in her mind that she would not have pulled off the required 20 different steps or so, in about seven seconds, that needed to happen to beat the guy at his deadly game.
The first step was to brake HARD at the first sign of trouble. When I spoke at the CLERB, I forgot to mention that, and sent them a correction letter later that day. It had been many months since I had told the whole story to anyone, and I guess I was a little rusty.
I wonder if the CLERB excuses their obvious application of "Celebrity Justice" because of something minute, like my failing to remember to give that part of the story, or that my very first document says something like "he was 500 to 600 feet in front of me" (when I first saw him, trying to commit suicide or be seriously injured by flipping his car in a lone accident) and when I spoke to the CLERB I said: "He was, oh, 600, maybe 800 feet in front of me -- a long ways away" when I first saw him. I wonder if those little discrepancies are what it takes for them to want to discard the case. But if so, it's a whitewash.
There is, of course, NO "Celebrity Justice" law. At least, it' not on the books! It doesn't exist, and this sort of thing is exactly why not.
Once I figured out it was Cunningham who assaulted us, I have always stated that it is not my intention to see Mr. Cunningham punished for this act BECAUSE he is cooperating with the Feds on all those other charges, and I still feel that way. But nor do I feel that "CJ" should be excused here just because "the Duke" need not have another load to bear. He does owe my wife and I quite an apology, of course, and I've asked (at the IA interview, on tape) for his air medals, since he undoubtedly was using ALL that skill and training (he was a TOP GUN instructor), probably thinking he was back in 'Nam attacking a MIG, to try to kill us. So, as a symbol of his sincerity, he should give them up to the better "pilot" because I had to work HARD to beat him, and five men before me had died trying essentially the same game (air combat battles often are one-pass, much like this was). But I haven't "demanded" a thing: How can one of the most powerless people in America "demand" anything?
I think of how vile this man's crime was that the police wish to ignore and all the shock on the witnesses' faces immediately after the event. Five or six probably grabbed their cell phones; I got through, but as I recall, got put on hold for a little while, during which time I told the other people who were calling 911 (and potentially tying up the 911 office) to hang up.
And I imagine that if people could know the technique even worked against a determined fighter ace (if drunk (for all we assume) and 15 years my senior), then it really CAN work! Most suicidal drivers WON'T be thinking any clearer than he was, but they'll be JUST as determined!
I thought I had read about how to survive this sort of event in the otherwise-wonderful California Drivers' Manual, but when I looked, later, to confirm this, it was only then that I realized it was from the local video. The guy actually gives all the detail you need to survive a suicidal driver intent on having a head-on collision. But it's NOT easy! And afterwards, if the assailant is one of about a million Americans the cops will let get away with anything, well, then people need to know that justice will be insufferably hard to find, and maybe even impossible.
If I could write an essay teaching people how to have a better experience with the police, based on this incident, that would be nice. But all I can tell them now is that the following will not help you get justice: Not raising your voice, not getting angry, staying calm and friendly, trusting a man with a badge, etc..
The Capital psychiatrist -- who had made Cunningham sign a PROMISE not to act on his "suicidal ideations" BEFORE the incident (that fact came out about a year ago) should be informed that his patient violated that promise, and he should not be so sure of himself next time he tries to cure a Congressperson (or anyone else) by securing a promise not to act on his or her "suicidal ideations." I absolutely want that psychiatrist to mark that case down as one he failed at!
If wanting to find justice THERE seems strange, well, I think it's very important. I'm not at all sure there should even BE a "Capital Psychiatrist." Why not have a "Capital Environmentalist" too? And a "Capital Humanitarian" for when the elected officials want advice on how to help humanity? And how about a "Capital Spin Doctor?" The Capital psychiatrist made a huge professional mistake. The cops that night in San Marcos made huge professional mistakes, but I hope they have worked to correct those mistakes by talking honestly to IA.
I don't know what step to take next, besides wait for San Marcos to return the results of the IA investigation to us. But I don't have much hope for that, frankly, since the top guy in San Marcos got promoted about a month after the incident.
Below are some relevant numbers. We asked the FBI to investigate, but to the best of our knowledge they have not done so formally -- and I stress "formally" for a number of reasons.
Thank you, Mike. It was very comforting to talk to you. None of this letter has been "cut and pasted" from previous versions I have ever written. I have tried to keep it brief!
Warmest regards,
Russell "Ace" Hoffman
Carlsbad, CA
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By the numbers:
John Kelleher #2004, responding officer to incident #4798702, Nov 25th, 2005.
David Cheever #2050, case # 06048959 (follow-up investigation by a Poway deputy, who, months later, did what we believe was a competent and honorable job of the portion of the case he was assigned to redo, with the evidence that remained available at the time.)
IA complaint # 2006-164.2 conducted by Sgt. Gary Steadman and Sgt. John Maryon (we have no quarrels, as far as we know, with the IA investigation, but of course, we have not seen its results!)
CLERB case #06-078
FBI Letter rec'd October 3rd, 2006 from Michael J. Anderson, Unit Chief, Public Corruption Unit (told us, basically, to talk to our local FBI guys, but we think they are directly involved in some way(s)).
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URLS for online versions of my educational software projects, which are normally sold on CD-ROM (the online versions are just for people to try the programs with, or for when customers are away from their computers). All these programs were programmed and animated by myself, and co-authored as noted:
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(URLS not included here)