Death of Innocence: Chapter 4

Why the Cover-Up

Mark Shiflett has a criminal history dating all the way back to 1982, when he was convicted of section 459 of the penal code,(burglary),in Alameda County , California. This was his first felony conviction.

Between June 18, 1984, and February 9, 1993, Mark Shiflett had 12 more serious felony convictions:

6/18/84--------------- PC 4532 (a)......... Contra Costa
5/6/87---------------- PC 496................ Contra Costa
9/28/87--------------- PC 459................ Contra Costa
7/5/89---------------- PC 459/460.1........ Contra Costa
7/5/89---------------- VC 10851............. Contra Costa
7/25/89--------------- VC 10851............. Contra Costa
10/8/92--------------- 11377 (a) H&S...... Contra Costa
2/9/93---------------- VC 10851............. Contra Costa
2/9/93---------------- PC 496................. Contra Costa
2/9/93---------------- PC 459 (2 counts).. Contra Costa
3/16/94--------------- PC 459................. Sonoma County

On January 2, 1994, Mark Shiflett got a DUI, (drugs and alcohol). This
DUI was later dismissed because Mark Shiflett was on his way to prison to serve four years for burglary.

On March 2, 1994, Mark Shiflett was charged in Lake County with three counts of possession of a hypodermic needle and syringe. These charges were also later dismissed, because Mark Shiflett was on his way to prison to serve four years for burglary.

On March 16, 1994, Mark Shiflett was convicted of burglary,(459 PC) in Sonoma County, California. He was sentenced to four years in prison for this felony.

Several years later, after being paroled from his fourth prison term, Mark Shiflett was arrested on December 7, 1997, for a parole violation, under the influence of methamphetamines, and false information to a peace officer. He was sent back to prison on a parole violation. Mark Shiflett was released back on parole on April 26th, 1998. He violated parole once again and was placed in a substance-abuse treatment control unit on May 1, 1998, for the use of alcohol and marijuana. He was again released back to parole on June 14, 1998.

On August 10, 1998, Mark Shiflett was convicted of 11550A H&S (drugs) and sentenced to 90 days, but was given 90 days credit for the time he served doing the parole violation. According to state law, a conviction of 11550A H&S, would require Mark Shiflett to register as a drug offender.

On March 31, 1999, Mark Shiflett was arrested for under the influence of a controlled substance, driving under the influence of alcohol and drugs, and reckless driving. This is the second time Shiflett was charged with 11550A H&S. This time, the 11550A H&S charge, and the DUI was dropped when Shiflett plead guilty to reckless driving, ( 23103 VC).

On November 10, 1999, Mark Shiflett plead guilty to 23103 and 23103.5 (reckless driving), and was sentenced to 90 days in jail. Ironically, Mark Shiflett was not sentenced to probation. Perhaps it was because he was on parole! During the following year 2000, he discharged off parole.

On January 27, 2001, eight days before he killed my son, Mark Shiflett was arrested by members of the Clearlake Police Department for DUI, where he blew .25 on the breathalyzer and was also under the influence of illegal drugs. The officer took Shiflett's hardcard license, and gave him a temporary license, indicating he had gotten a DUI.

Two days later, on January 29, 2001, Mark Shiflett was arrested again for DUI, by the California Highway Patrol in Lake County, California, where he blew .15 on the breathalyzer, and once again he was under the influence of illegal drugs. Mark Shiflett was then released from custody.

Six days later, Mark Shiflett struck and killed my son while driving over the double yellow line in a reckless manner. He was also under the influence of methamphetamines. Realizing there was a serious liability issue involved here, the California Highway Patrol allowed Mark Shiflett to drive away without being cited for driving over the double yellow line, nor did they bother mention this crucial factor in the CHP report.

The officers did not even ASK Shiflett to submit to blood or urine testing. They claimed that they did not have probable cause. The truth is, that the officers had probable cause, but did not exercise it. After killing my son, Mark Shiflett was allowed to drive away without being properly tested, to commit more wrongdoing behind the wheel of a motor vehicle. I was told by Jim and Dolly, my sons grandparents, that the day after my sons death, Mark Shiflett sped past the scene of my son's death while honking his worn and waving!

On February 19, 2001, 15 days after killing my son, Mark Shiflett was arrested once again, for driving under the influence of drugs and alcohol. This time he blew .21 on the breathalyzer. He was finally kept in jail for this third serious DUI within three weeks. While incarcerated, he bragged to two and other inmates that he indulged in the intravenous use of methamphetamines, less than an hour prior to striking and killing my son, while driving over the double yellow line! He was eventually sentenced to 180 days. I attended Mark Shiflett's sentencing hearing, and the judge was not even aware that Mark Shiflett had taken the life of an innocent child under suspicious circumstances, in between getting these three serious DUI's!

After serving his sentence, Mark Shiflett was released from jail only to commit more wrongdoing behind the wheel of a motor vehicle. On June 30, 2001, Mark Shiflett was arrested once again for DUI, with drugs and alcohol involved. After being released from custody on his fourth serious DUI within one year, Mark Shiflett was arrested once again on September 10, 2001, for being under the influence of alcohol and drugs, and also being under the influence of toulene,(sniffing glue). The documents state that Mark Shiflett was so intoxicated, that he was unable to exercise care for his own safety and the safety of others. The paperwork goes on to state that Mark Shiflett interfered with the free use of a street, sidewalk, and other public way. Mark Shiflett was remanded into custody until his next court appearance, where he was eventually sentenced to nine years in prison.He was never cited or charged in my son's death. According to the CHP report he was not even questioned as to why he was over the double yellow line when he began the 95 foot-long skid that resulted in my son being struck and killed.

Let’s set aside Mark Shiflett's criminal history. Let's not even consider the fact that he had multiple DUI's pending the day that he struck and killed my son. Let's not consider the fact that he is a habitual drug and alcohol offender. Let's just look at the facts that are at hand. The fact is, Mark Shiflett told the officers the day of my sons death, that prior to striking and killing my son, he saw another child on the roadway. He drove past Jacob, while driving over the double yellow line in a reckless manner. This fact is proven by the skid marks, and Jacob's testimony, who was an eyewitness and on the roadway. Then suddenly, another child flew out in front of him. The truth is, facts that were gathered by the members of the Lake County California Highway Patrol the day of my sons death, PROVE conclusively that Mark Shiflett is clearly guilty of reckless driving and manslaughter.

The officers willfully failed to act on this hard-core evidence that they gathered, with the intention of perpetrating a cover-up to protect themselves from liability. Proper analysis of all of the facts that are at hand, which includes the California Highway Patrol collision investigation manual, proves conclusively that the officers willfully failed to follow the guidelines of their own manual, and withheld pertinent information from a fatality collision report. Information that cannot be deemed as irrelevant! Information that is deemed by the Department of the California Highway Patrol as, "relevant and shall be disclosed in the report."

Out of love and respect for my innocent son Tyler James, who was clearly a victim, I will continue my plight for justice...... I will continue to shout my allegations against the members of the Lake County California Highway Patrol, until I am heard by those who believe in truth and justice and the American way!

Read Chapter 5