The Mercury News

Second courthouse fugitive captured by US Marshals

John Bivins nabbed by task force Sunday at Fairmont Inn

- By George Kelly gkelly@bayareanew­sgroup.com Staff writer Jason Green contribute­d to this report. Contact George Kelly at 408-859-5180.

SAN LEANDRO » The second of two fugitives from a South Bay courthouse earlier this month was detained and arrested, authoritie­s said Sunday.

John Bivins, 47, was arrested by a U.S. Marshal-led task force around 9:30 a.m. at the Fairmont Inn, 16320 Foothill Blvd., according to a U.S. Marshal statement Sunday afternoon.

Officials who saw Bivins, 47, of East Palo Alto, walking out of the Fairmont came up to him and ordered him to surrender, but he refused to comply and was forced into custody. Bivins could face more state and federal charges, including attempting to escape, being a felon in possession of a firearm and attempted murder of a federal agent.

Bivins eluded capture Tuesday at a Stockton gas station after driving away from a Walmart Supercente­r on Trinity Parkway in that city and nearly running over a U.S. Marshal deputy and California Highway Patrol officer. Officers shot at Bivins, but he managed to drive away in a green Ford Explorer sport-utility vehicle. Authoritie­s were able to arrest Tramel McClough, 46, of East Palo Alto.

Bivins and McClough managed to undo restraints Nov. 6 and walk through an unmonitore­d door at Santa Clara County Superior Court, 270 Grant Ave. in Palo Alto. They got into a Toyota Corolla, went to a nearby U-Haul van a few blocks away and escaped.

Marquita Kirk, 44, of Sunnyvale, and Rene Hunt, 54, of East Palo Alto were arrested in connection with the escape, the sheriff’s office said.

McClough and Bivins were being prosecuted for the armed robbery of a Sunnyvale Verizon store in February. McClough is a potential three-striker facing life in prison on a charge of robbery with a gun, and is charged with nine felonies, according to court records. Bivins has eight charges, seven of which are felonies including hit-and-run, and could get more than 10 years behind bars if convicted. After Bivins receives treatment at an area hospital, he will be taken back to Santa Clara, authoritie­s said.

“The relentless work of the task force and dedication to work nonstop towards locating and apprehendi­ng Mr. Bivins is a perfect example of law enforcemen­t’s dedication to protecting our communitie­s,” U.S. Marshal Don O’Keefe said.

“I’m proud to collaborat­e with the Santa Clara County Sheriff’s Office and bringing a dangerous fugitive to justice.”

Santa Clara County Sheriff Laurie Smith praised the efforts of sheriff’s deputies who worked through the Thanksgivi­ng holiday weekend.

“We are extremely pleased that John Bivins is in custody,” Smith said.

“The captures of John Bivins and Tramel McClough were only possible by the unwavering determinat­ion of the U.S. Marshals, Sheriff’s Office detectives and numerous allied agencies. We are grateful for the continued interagenc­y collaborat­ion.”

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