Arrest Made In Palo Alto Courthouse Escape: Sheriff

PALO ALTO, CA — Two Santa Clara County sheriff's jail inmates who escaped custody Monday morning from the Palo Alto courthouse remained on the lam Tuesday, but sheriff's officials say an arrest has been made in connection with their escape. Sheriff's Sgt. Richard Glennon said 44-year-old Sunnyvale woman Marquita Kirk was arrested at 5 a.m. Tuesday on suspicion of felony charges of conspiracy and accessory after the fact in the escape of inmates Tramel McClough and John Bivins.

Glennon alleges that Kirk, who had a longstanding relationship with McClough, rented a U-Haul van and staged it near the courthouse.

"Witnesses observed the escapees fleeing in a U-Haul shortly after the escape," Glennon said.

The Sheriff’s Office is continuing its 24/7 operation into locating McClough, 46 and Bivins, 47, the sergeant said.

Both escaped inmates are black males. McClough is 46 years old, 6 feet 4 inches tall and weighs 285 pounds. Bivins is 47 years old, 5 feet 9 inches tall, weighs 180 pounds and has a distinctive "EPA" tattoo on his stomach.

The two escapees should be considered dangerous, sheriff's officials said. Anyone who sees either of the men is urged not to approach nor try to apprehend them; instead, immediately call 911.

The duo escaped the courthouse on Grant Avenue in Palo Alto around 9:30 a.m. Monday as they were heading to a court appearance in the same courtroom and fled in an awaiting getaway vehicle, according to sheriff's officials.

"These two individuals were highly motivated to escape. They were bold and brazen in the attempt to escape," Sgt. Reggie Cooks said.

The inmates were walking through a public hall adjacent to an elevator, which is normal procedure according to sheriff's officials, when they caused a distraction among inmates being escorted to court by the deputies.

At that point, McClough and Bivins — one of whom was in chains and shackles and the other in handcuffs — bolted for a nearby emergency exit. It isn't clear which prisoner had the heavy set of restraints, according to Cooks.

• 2 Inmates Escape Palo Alto Courthouse: Sheriff

One deputy, Cooks said, gave chase to the inmates, but was unable to apprehend them. The pair then got into a 1980s-model Toyota Corolla, which according to Cooks was "kitty-corner" to the courthouse and about 50-60 yards away.

Cooks said the pair and those who accompanied them in the getaway vehicle then dumped the Toyota at an undisclosed location, got into a U-Haul vehicle with a "$19.99" advertisement on the side and drove away. Cooks said the inmates haven't been seen since.

In addition to the distraction of the deputy escorting the inmate, Cooks said the inmates appeared to have a handcuff key in their possession sometime during the escape, although it is unclear when they acquired it.

"If you went to a store and bought a set of handcuffs, that is a key that would come with a set of handcuffs," Cooks said.

Deputies, according to Cooks, often carry a larger key in their possession when they are on duty that they can detect easier on their beltline during a high-pressure situation when motor functions may decrease.

Both McClough and Bivins were being housed at Elmwood Correctional Facility in Milpitas, which is known as a minimum-security facility. Other inmates who were with the duo as they were being led to court didn't attempt to escape.

"It's not like somebody was sitting idle and they found this lackluster opportunity to escape," Cooks said.

Cooks said the pair is from the Palo Alto area, as the "EPA" tattoo on Bivins' stomach stands for East Palo Alto. The pair, Cooks said, likely has a local network that helped them get away.

"They're from the local area ... anyone who is aiding or abetting we would prosecute to the fullest extent," Cooks said.

"They really thought this thing through," Cooks said.

Both inmates had jumpsuits with an orange top and gray pants that they didn't change out of while escaping.

Both men were arrested in February on suspicion of stealing $64,400 worth of cellphones and other merchandise from a Verizon store in Sunnyvale, police said earlier this year.

According to police, the two men were wearing masks when they allegedly forced the store's employees to open the store's safe and then tied them up and locked them in a bathroom, police said. One was armed with a handgun and the other with a knife.

The suspects ransacked the store, reportedly taking dozens of cellphones and other merchandise before fleeing in a vehicle. The employees were not injured, police said.

Police apprehended the pair afterward nearby, following a short pursuit.

Police recovered the stolen property and the handgun allegedly used in the robbery. The gun had been reported stolen out of Nevada, police said.

Bay City News Service contributed to this report.

Image 1: McClough and Bivins; Photo 2: Marquita Kirk; Photo 3: U-Haul van allegedly used in escape; Photo 4: handcuff key found near Palo Alto courthouse. (Images via Santa Clara County Sheriff's Office)