Found Deceased CA - Fang Jin, 47, flew to LA from China, train to Palm Springs, Morongo Basin, 21 Jul 2023, w/ John Root Fitzpatrick, 55, (fnd dec.), 30 Jul ‘23 #2

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Clarification on Legal Action related to John Root Fitzpatrick

There has been extensive talk of JRF's criminal history. I have been meaning to dive into this and just now found the time. It is VERY important to note that when someone is Charged with a crime, they are still Innocent until proven Guilty. If charges are Dismissed or Reduced, that person is considered Innocent of the original charges.

Despite the Constitution providing this protection, as a society we tend to look at the original charges and presume guilt. Most people don't realize how much discretion LE has in making arrests and the minimal evidence that is required at the time of arrest. The proof of an offense is gathered between arrest and conviction, which is why charges are often dismissed/abandoned.

On this note, Temporary Restraining/Protective Orders are granted on the word of a victim alone. For the order to become permanent, a hearing must be held and both sides are able to testify and present evidence. Generally, courts err on the side of caution in these cases. This does not apply to divorce cases, as described well above where orders are entered for a multitude of reasons.

On to JRF. I have reviewed the case notes and dockets for each of his alleged criminal charges in San Bernardino County Superior Court, Norfolk District Court, Virginia Beach District Court, Virginia Beach Circuit Court, and Virginia State Court Systems as well as any civil actions.

This is a summary of the findings:
  • 04/23/2017 – Misdemeanor Driving with License Suspended/Revoked. Fine $426
  • 02/05/2019 – JRF charged with Assault by Means of Force Likely to Produce GBI PC245(a)(4).
    • 12/1/2020 – Enters Veterans Treatment Court as part of Plea Agreement
      • ***Certified under Oath he does not own any firearms
    • 05/12/2021 – Probation Violation, remanded to custody
    • 05/18/2021 – Released from custody
    • 06/09/2021 – Probation Violation (Term 4) Remanded to custody
    • 08/11/2021 – Released from custody to inpatient treatment center Cedar House
    • 05/13/2022 – Probation Violation, Missed VTC, Remanded to custody
    • 07/13/2022 – Psychological Evaluation Ordered
    • 07/18/2022 – Released from custody
    • 04/26/2023 – Completed Program. Charges Dismissed/Stricken
  • 2/8/2019 – Civil Harassment charge filed against JRF. Hearing held. Judge found no evidence to support accusations.
    • 3/6/2019 – Charges Dismissed after hearing.
  • 6/30/2020 – HHF files for divorce from JRF. Case proceeds until 10/07/2021 then no further action is taken.
  • 8/26/2020 – Misdemeanor charge of Vandalism found in Google Search on scraper site. Charges were never filed and/or were expunged. No longer displayed in San Bernardino Superior Court.
  • 4/29/2021 – Driving Under the Influence, Driving Under the Influence of Alcohol .08 Percent or More, Unlawful Combined Influence Alcohol/Drug While Driving, No Operator License.
    • 1/26/2022 – Charges Dismissed per Plea Agreement including Probation and Treatment
    • 04/26/2023 – Successful Completion of Veteran’s Treatment Court, Release from Probation.
  • 3/1/2022 – Speeding, Driving While License Suspended for DUI, No Evidence of Financial Responsibility/Vehicle.
    • 4/26/2023 – Charges Dismissed/Stricken
  • 2/9/2023 – JRF files for divorce from HHF. Problem with service 5/31/23. Was not corrected. Service never completed.
In summary, almost all charges were dismissed. JRF has one misdemeanor conviction from 2017 that is a traffic matter. That is the extent of his current criminal history. Further, there were many questions regarding the 02/19 Assault charge. There was no complaint on file to detail the event. However, I was able to find that his wife was the only witness and the victim was Chinese (required a Mandarin interpreter). It is likely this was related to domestic situation.

I hope this clears up some of the misunderstanding regarding JRF's history.
 
*article dated 8/17/23:
Jin Fang’s daughter, surnamed Lin, gave an interview to the World Journal, www.sohu.com reported.

Lin emphasized that her mother had already booked her return flight for October. It was not true, contrary to rumors, that she intended to stay in the United States on purpose.

Lin emphasized: “My mom never said she wanted to develop a romantic relationship. Her itinerary back home has been well arranged. She had no intention to stay in the United States for a long time or develop a relationship with the man. We have also noticed that it has caused a lot of rumors, which undoubtedly hurts our family.”(SD News)
 
detailed exact update to all of Fangs first days in USA :

7/14
Midnight- Arrived at LAX Terminal 3, picked up by friend Chinese friend

7/15
01hr00 – Chinese friend dropped off FJ @ Freehand Hotel in downtown L.A.
09hr13 – Wechat audio talk with Belgian Chinese friend who was traveling in US E coast then. This talk last for 26minutes.
12hr00 - went to Union Station, took a bus & arrived at Agua Caliente Casino, Palm Springs bus stop, where she was picked up by John Root Fitzpatrick

7/16 – Visited JT Park, keeping in contact w/family & friends by phone & social media

7/17
10hr26 – exchange Wechat messages with daughter Lin
Made a phone call to her Chinese friend who picked her up at airport, talked over 10 minutes & stated “everything is ok”
(by Decalaration of Daryl Hoss we know that Daryl visited the trailer home where John and Fang were staying)

7/18 - No contact, photos or videos this day

7/19 - Visited more scenic sites in the area, sending videos & photos. Fang tried to contact her daughter Emma in Belgium but Emma was not able to answer her call.

7/20 - Same as 7/19

7/21 - Visited Ivanhoe Mine Rd. (Old Dale Mining District)
22hr15: sent out last video to family wechat group(group of 4 people including parents, Lin and FJ herself) from 29 Palms (Adobe Rd. going N from Whites Sands Dr. to Desert Sands Dr. to Palms Baptist Church); Together with this video there is a message saying that ‘this is a small town in the desert, there are quite many lights during this hour…….we plan to go camping. this is FJ’s last known location
22hr19: Same last video and same message was sent via Wechat messeger to wife of the chinese friend that picked her at airport. However that person said that in the past FJ never sent to her any wechat messege or video. this is FJ’s last phone message
22hr19: JRF entered MCAGCC 29palms, he registered for his own entrance
Hi @mark1969 I am following FJ’s case from England. I am very sorry that her family and friends are suffering and hope you have some answers soon, it feels like it’s getting close.

I have a question. Did FJ know that JRF lived in a trailer, and that is where they would be staying? I’m just trying to think of how things may have started to unravel and maybe tensions started.
 
Hoss said that while he and the family look for answers surrounding Fitzpatrick’s death, he would remember the man as a brave soldier and loyal friend who had a “zeal for life.”

“He really had his stuff together … he knew how to run things,” said Hoss on a phone call Friday, remembering their time together in the military. “I followed his lead.”
 
Search warrant mentioned SD card from Ring Cam. As someone who owns Ring Cams, the photos of JF cleaning look like they were taken from a Ring Cam.

Regarding statement in Search Warrant "Deputies were in the Roadrunner Mobile Home Park and spoke to Fitzpatrick, who had an unknown Asian female with him." I believe this sentence was tacked on the end. (My personal opinion from reading many many police reports.) And that it does not correlate to a specific date. Likely possibility is one of the deputies who went to serve the search warrant remembered being in the area previously (on patrol, responding to an unrelated call, etc) and spoke to JRF. It is very common for a patrolling deputy to stop and talk to someone who is outside.

Regarding skeletonization...this is an excellent article. Temperature and humidity play a huge factor. The storm that went through likely spend up the process. In general, according to the graphic, it would be 100-150 days to skeletonization on average for this area. With the rate accelerated, it would fall within the timeframe if he died at the same time he and JF were thought to have gone missing.

Regarding July 24th phone ping. The SBCSD specifically said they are unable to confirm this ping. Since the information was reported in the Chinese media based off hearsay from a family member, who was told by a park ranger, who was told by a law enforcement officer...I would say this information should not be heavily relied upon. While I do believe the ping likely occurred given it generally corresponds with the area he was found, the date could be incorrect, as well as the exact location.

“The missing person case for Fang Jin remains open. There are no updates at this time. The investigators are aware of the video and believe it was the last communication Jin’s family received from her. We did not receive any phone pings from Jin’s phone,” San Bernardino Sheriff spokesperson Mara Rodriguez wrote.
Additionally, the spokesperson said she could not confirm reports that John Fitzpatrick's cell phone last pinged in Julian.

The search warrant was signed by Tyler Bengard. Does anyone else recognize this name? He was the Detective on another case and I can't place which case at the moment.
*Re: Detective Bengard
 
About the HH vs JRF divorce proceedings, could someone please explain this point:
  • 07/24/2020 - DocketRequest - DV Prevention w/o Minor Child (w/in Existing Case)
Is it a request to protect petitioner from further acts of domestic violence when such acts have already been perpetrated by a relative? Or can it be requested before anything related to DV takes place?
 
Clarification on Legal Action related to John Root Fitzpatrick

There has been extensive talk of JRF's criminal history. I have been meaning to dive into this and just now found the time. It is VERY important to note that when someone is Charged with a crime, they are still Innocent until proven Guilty. If charges are Dismissed or Reduced, that person is considered Innocent of the original charges.

Despite the Constitution providing this protection, as a society we tend to look at the original charges and presume guilt. Most people don't realize how much discretion LE has in making arrests and the minimal evidence that is required at the time of arrest. The proof of an offense is gathered between arrest and conviction, which is why charges are often dismissed/abandoned.

On this note, Temporary Restraining/Protective Orders are granted on the word of a victim alone. For the order to become permanent, a hearing must be held and both sides are able to testify and present evidence. Generally, courts err on the side of caution in these cases. This does not apply to divorce cases, as described well above where orders are entered for a multitude of reasons.

On to JRF. I have reviewed the case notes and dockets for each of his alleged criminal charges in San Bernardino County Superior Court, Norfolk District Court, Virginia Beach District Court, Virginia Beach Circuit Court, and Virginia State Court Systems as well as any civil actions.

This is a summary of the findings:
  • 04/23/2017 – Misdemeanor Driving with License Suspended/Revoked. Fine $426
  • 02/05/2019 – JRF charged with Assault by Means of Force Likely to Produce GBI PC245(a)(4).
    • 12/1/2020 – Enters Veterans Treatment Court as part of Plea Agreement
      • ***Certified under Oath he does not own any firearms
    • 05/12/2021 – Probation Violation, remanded to custody
    • 05/18/2021 – Released from custody
    • 06/09/2021 – Probation Violation (Term 4) Remanded to custody
    • 08/11/2021 – Released from custody to inpatient treatment center Cedar House
    • 05/13/2022 – Probation Violation, Missed VTC, Remanded to custody
    • 07/13/2022 – Psychological Evaluation Ordered
    • 07/18/2022 – Released from custody
    • 04/26/2023 – Completed Program. Charges Dismissed/Stricken
  • 2/8/2019 – Civil Harassment charge filed against JRF. Hearing held. Judge found no evidence to support accusations.
    • 3/6/2019 – Charges Dismissed after hearing.
  • 6/30/2020 – HHF files for divorce from JRF. Case proceeds until 10/07/2021 then no further action is taken.
  • 8/26/2020 – Misdemeanor charge of Vandalism found in Google Search on scraper site. Charges were never filed and/or were expunged. No longer displayed in San Bernardino Superior Court.
  • 4/29/2021 – Driving Under the Influence, Driving Under the Influence of Alcohol .08 Percent or More, Unlawful Combined Influence Alcohol/Drug While Driving, No Operator License.
    • 1/26/2022 – Charges Dismissed per Plea Agreement including Probation and Treatment
    • 04/26/2023 – Successful Completion of Veteran’s Treatment Court, Release from Probation.
  • 3/1/2022 – Speeding, Driving While License Suspended for DUI, No Evidence of Financial Responsibility/Vehicle.
    • 4/26/2023 – Charges Dismissed/Stricken
  • 2/9/2023 – JRF files for divorce from HHF. Problem with service 5/31/23. Was not corrected. Service never completed.
In summary, almost all charges were dismissed. JRF has one misdemeanor conviction from 2017 that is a traffic matter. That is the extent of his current criminal history. Further, there were many questions regarding the 02/19 Assault charge. There was no complaint on file to detail the event. However, I was able to find that his wife was the only witness and the victim was Chinese (required a Mandarin interpreter). It is likely this was related to domestic situation.

I hope this clears up some of the misunderstanding regarding JRF's history.
JRF was able to ‘skate’ by virtue of qualifying for Veterans Treatment Court (avoiding incarceration, receiving reduced sentence, all charges dropped once successfully completing an individualized treatment program addressing either underlying; PTSD, TBI, substance abuse/mental health disorders).
Though JRF died with a clean record, important to remember he is being actively investigated.
The supervising Judge, determining JRF successfully completed his treatment program less than six months ago, is probably following this tragedy.
 
Clarification on Legal Action related to John Root Fitzpatrick

There has been extensive talk of JRF's criminal history. I have been meaning to dive into this and just now found the time. It is VERY important to note that when someone is Charged with a crime, they are still Innocent until proven Guilty. If charges are Dismissed or Reduced, that person is considered Innocent of the original charges.

Despite the Constitution providing this protection, as a society we tend to look at the original charges and presume guilt. Most people don't realize how much discretion LE has in making arrests and the minimal evidence that is required at the time of arrest. The proof of an offense is gathered between arrest and conviction, which is why charges are often dismissed/abandoned.

On this note, Temporary Restraining/Protective Orders are granted on the word of a victim alone. For the order to become permanent, a hearing must be held and both sides are able to testify and present evidence. Generally, courts err on the side of caution in these cases. This does not apply to divorce cases, as described well above where orders are entered for a multitude of reasons.

On to JRF. I have reviewed the case notes and dockets for each of his alleged criminal charges in San Bernardino County Superior Court, Norfolk District Court, Virginia Beach District Court, Virginia Beach Circuit Court, and Virginia State Court Systems as well as any civil actions.

This is a summary of the findings:
  • 04/23/2017 – Misdemeanor Driving with License Suspended/Revoked. Fine $426
  • 02/05/2019 – JRF charged with Assault by Means of Force Likely to Produce GBI PC245(a)(4).
    • 12/1/2020 – Enters Veterans Treatment Court as part of Plea Agreement
      • ***Certified under Oath he does not own any firearms
    • 05/12/2021 – Probation Violation, remanded to custody
    • 05/18/2021 – Released from custody
    • 06/09/2021 – Probation Violation (Term 4) Remanded to custody
    • 08/11/2021 – Released from custody to inpatient treatment center Cedar House
    • 05/13/2022 – Probation Violation, Missed VTC, Remanded to custody
    • 07/13/2022 – Psychological Evaluation Ordered
    • 07/18/2022 – Released from custody
    • 04/26/2023 – Completed Program. Charges Dismissed/Stricken
  • 2/8/2019 – Civil Harassment charge filed against JRF. Hearing held. Judge found no evidence to support accusations.
    • 3/6/2019 – Charges Dismissed after hearing.
  • 6/30/2020 – HHF files for divorce from JRF. Case proceeds until 10/07/2021 then no further action is taken.
  • 8/26/2020 – Misdemeanor charge of Vandalism found in Google Search on scraper site. Charges were never filed and/or were expunged. No longer displayed in San Bernardino Superior Court.
  • 4/29/2021 – Driving Under the Influence, Driving Under the Influence of Alcohol .08 Percent or More, Unlawful Combined Influence Alcohol/Drug While Driving, No Operator License.
    • 1/26/2022 – Charges Dismissed per Plea Agreement including Probation and Treatment
    • 04/26/2023 – Successful Completion of Veteran’s Treatment Court, Release from Probation.
  • 3/1/2022 – Speeding, Driving While License Suspended for DUI, No Evidence of Financial Responsibility/Vehicle.
    • 4/26/2023 – Charges Dismissed/Stricken
  • 2/9/2023 – JRF files for divorce from HHF. Problem with service 5/31/23. Was not corrected. Service never completed.
In summary, almost all charges were dismissed. JRF has one misdemeanor conviction from 2017 that is a traffic matter. That is the extent of his current criminal history. Further, there were many questions regarding the 02/19 Assault charge. There was no complaint on file to detail the event. However, I was able to find that his wife was the only witness and the victim was Chinese (required a Mandarin interpreter). It is likely this was related to domestic situation.

I hope this clears up some of the misunderstanding regarding JRF's history.

Thanks for your efforts to provide this information.
 
(Those familiar with California family law, is it standard to issue restraining order against parties in divorce proceeding?

No. Someone has to ask for it. It's not something that just happens without someone petitioning the court.

Many people divorce without restraining orders - that's the more common situation, in fact.

BBM. I wonder if the truck wreck is how JRF's teeth were knocked out?
TRICARE, military health insurance, has good dental for Vets/retired military. They also keep records that can be accessed worldwide. They would have had or would have been able to locate his dental records if JRF had a denture/partial placed before. IMO Whatever happened to JRF's teeth happened that night -- his last night.

All MOO

Teeth can fall out of a skull as it bleaches and the gums decompose. Rains came through after July and the skull itself could have been carried in run-off (it looks as if it was found in a wash - the entire area is filled with gullies and washes). Teeth can come out when this happens.

We have no proof that his teeth were knocked out as opposed to simply falling out of his skull. And if he did have dentures/partials and they were missing, I am not sure that dental records would work to identify him if those things were missing. It's also not clear that the lower jaw was found.

At any rate, I'm not sure it's known how many teeth were found in the skull, but not enough to ID him (they used his DL).

IMO.
 
Hi @mark1969 I am following FJ’s case from England. I am very sorry that her family and friends are suffering and hope you have some answers soon, it feels like it’s getting close.

I have a question. Did FJ know that JRF lived in a trailer, and that is where they would be staying? I’m just trying to think of how things may have started to unravel and maybe tensions started.

Mobile homes and trailer parks are very common from my experience of living in California and relatives of mine who live in Florida. Most of them are not shabby like the stereotypes of old. I don't think this would be an issue.
 
I'm wondering if the last phone video sent from Fang's phone was sent by Fang. She had spoken with someone the day before so we know she was alive and well then, but is it possible that video wasn't sent by her?

Anything is possible, but as it was sent to a range of people known to Fang, I would assume it was sent by her phone. There's no specific evidence that Fang was with her phone, but our VI has said that the family received a brief message about the lights of the city and plans to go camping. Sounds like she sent it, to me.
 
There is indeed a possibility that that video was not taken by her but for example by a friend of John or by her but in a panic way or by her in a forced "ductaped" way ...

Do you think JFR knew enough Chinese to write a message? It's been my understanding that the final video had a message accompanying it (in Chinese).
 
Anything is possible, but as it was sent to a range of people known to Fang, I would assume it was sent by her phone. There's no specific evidence that Fang was with her phone, but our VI has said that the family received a brief message about the lights of the city and plans to go camping. Sounds like she sent it, to me.

I, too, think that FJ likely sent the message, but the question is: Did she send it under duress? The family finds the message to be unlike what FJ would normally send. So it is suspicious to some degree.
 
I, too, think that FJ likely sent the message, but the question is: Did she send it under duress? The family finds the message to be unlike what FJ would normally send. So it is suspicious to some degree.
It does smack of "will be camping, off grid".... in other words buying time....

jmo
 
Do you think JFR knew enough Chinese to write a message? It's been my understanding that the final video had a message accompanying it (in Chinese).
JRF (ex)wife from which he is still divorcing was(is) also Chinese , so it could be that JRF knew some basic Chinese but certainly not enough I assume to write that little sentence in Chinese ...

Also the movie is quite vague , maybe he drugged her because she writes : ‘this is a small town in the desert, there are quite many lights during this hour…….we plan to go camping soon'

Movie was taken in passenger side of car in Adobe rd 29palms (4 min from entrance of Marine base direction north) , so very very bizar .... because we expected a sentence like this : 'Look it is very nice here to observe the lights along the road, we are preparing our camping for the coming days ...so now first fuelling our car and tomorrow after a good rest at trailerhome of John (not far from here) we will have a great new another adventure more south' ....
which would have sound very acceptable to us without any worry....Why should you go searching for a camping place in neighbourhood of Adobe rd if your trailerhome is that close ? Why you would send this message to your most precious family and friends , specially when that area is not at all precious enough to show or communicate about ?
 
Clarification on Legal Action related to John Root Fitzpatrick

There has been extensive talk of JRF's criminal history. I have been meaning to dive into this and just now found the time. It is VERY important to note that when someone is Charged with a crime, they are still Innocent until proven Guilty. If charges are Dismissed or Reduced, that person is considered Innocent of the original charges.

Despite the Constitution providing this protection, as a society we tend to look at the original charges and presume guilt. Most people don't realize how much discretion LE has in making arrests and the minimal evidence that is required at the time of arrest. The proof of an offense is gathered between arrest and conviction, which is why charges are often dismissed/abandoned.

On this note, Temporary Restraining/Protective Orders are granted on the word of a victim alone. For the order to become permanent, a hearing must be held and both sides are able to testify and present evidence. Generally, courts err on the side of caution in these cases. This does not apply to divorce cases, as described well above where orders are entered for a multitude of reasons.

On to JRF. I have reviewed the case notes and dockets for each of his alleged criminal charges in San Bernardino County Superior Court, Norfolk District Court, Virginia Beach District Court, Virginia Beach Circuit Court, and Virginia State Court Systems as well as any civil actions.

This is a summary of the findings:
  • 04/23/2017 – Misdemeanor Driving with License Suspended/Revoked. Fine $426
  • 02/05/2019 – JRF charged with Assault by Means of Force Likely to Produce GBI PC245(a)(4).
    • 12/1/2020 – Enters Veterans Treatment Court as part of Plea Agreement
      • ***Certified under Oath he does not own any firearms
    • 05/12/2021 – Probation Violation, remanded to custody
    • 05/18/2021 – Released from custody
    • 06/09/2021 – Probation Violation (Term 4) Remanded to custody
    • 08/11/2021 – Released from custody to inpatient treatment center Cedar House
    • 05/13/2022 – Probation Violation, Missed VTC, Remanded to custody
    • 07/13/2022 – Psychological Evaluation Ordered
    • 07/18/2022 – Released from custody
    • 04/26/2023 – Completed Program. Charges Dismissed/Stricken
  • 2/8/2019 – Civil Harassment charge filed against JRF. Hearing held. Judge found no evidence to support accusations.
    • 3/6/2019 – Charges Dismissed after hearing.
  • 6/30/2020 – HHF files for divorce from JRF. Case proceeds until 10/07/2021 then no further action is taken.
  • 8/26/2020 – Misdemeanor charge of Vandalism found in Google Search on scraper site. Charges were never filed and/or were expunged. No longer displayed in San Bernardino Superior Court.
  • 4/29/2021 – Driving Under the Influence, Driving Under the Influence of Alcohol .08 Percent or More, Unlawful Combined Influence Alcohol/Drug While Driving, No Operator License.
    • 1/26/2022 – Charges Dismissed per Plea Agreement including Probation and Treatment
    • 04/26/2023 – Successful Completion of Veteran’s Treatment Court, Release from Probation.
  • 3/1/2022 – Speeding, Driving While License Suspended for DUI, No Evidence of Financial Responsibility/Vehicle.
    • 4/26/2023 – Charges Dismissed/Stricken
  • 2/9/2023 – JRF files for divorce from HHF. Problem with service 5/31/23. Was not corrected. Service never completed.
In summary, almost all charges were dismissed. JRF has one misdemeanor conviction from 2017 that is a traffic matter. That is the extent of his current criminal history. Further, there were many questions regarding the 02/19 Assault charge. There was no complaint on file to detail the event. However, I was able to find that his wife was the only witness and the victim was Chinese (required a Mandarin interpreter). It is likely this was related to domestic situation.

I hope this clears up some of the misunderstanding regarding JRF's history.
Thank you for this deep dive. I doubt FJ found "dismissed charges" when she background checked JRF before her visit. Curious if JRF talked with FJ about his past problems with drugs/alcohol & inpatient treatment & programs during their online getting to know each other; is that part of a 12-step program? The driving in JF's last video seemed fast & wild-darting in & out of lanes, but I may be reading too much into that. Could JRF have given something drugged FJ with/without her knowledge?
Worth noting: relapse, 85% within the first year, is common. From NHI.gov here.

Very worrisome on many levels. Re-thinking everything now.
Hope the detective has been able to locate HHF to question/inform her.
  • 2/9/2023 – JRF files for divorce from HHF. Problem with service 5/31/23. Was not corrected. Service never completed.
Blessings. MOO

edit sentence clarity
 
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