Officials Give Survivors’ Account of Julian Gold Mining Shoot-Out

After days of investigating in almost total silence a shoot-out between two bands of gold miners on the outskirts of Julian, authorities Friday released a detailed account--as told by the survivors--describing hostile exchanges between the groups that preceded a staccato burst of gunfire that left two men dead.

Sheriff’s deputies investigating the Memorial Day shooting, which occurred 6 miles east of Julian, revealed that the dueling groups--an East County family and two Julian men--were both heavily armed with weapons, including an AK-47 semiautomatic assault rifle, shotguns and high-powered rifles.

One-Sided Version

The shooting is reminiscent of days gone by, when prospectors quarreled violently over mineral claims in Julian, a 19th-Century gold mining town. Residents and investigators are searching for an accurate account of what happened amid rumors and speculation.

So far, the shooting remains shrouded in questions. Deputies’ investigations have been limited, since only one version of the gun battle exists--the one provided by the East County family. The two Julian men, Edward (Joe) John Lopes, 66, and Christopher Mark Zerbe, 34, were both killed. There were no independent witnesses to the shooting to corroborate the survivor’s tale, authorities said.

Investigators have refused to release the complete names of the survivors, claiming disclosure could jeopardize the family’s safety and possibly compromise investigations. No one has been charged or arrested in the incident, said Lt. John Tenwolde of the sheriff’s homicide unit.

On Friday, investigators released a summary account of the shoot-out, compiled from interviews with the seven survivors.

“This is a summary statement about the incident as provided by the family,” Tenwolde said. “It is also reflective of the evidence we discovered at the scene, and it also includes information provided from the coroner’s office.”

And the Story . . .

According to authorities, the East County family arrived at the federal-owned mining site Monday afternoon to picnic, shoot target practice and explore what they said was their mining claim. Once at the site, the family encountered Lopes and Zerbe, who insisted that the family was trespassing. Zerbe was caretaker of the site for two businessmen, who also hold claims in the area.

During an ensuing debate over who had a legitimate right to be on the property, the two Julian men were profane and belligerent, the family claimed.

The dispute ended after the Lopes and Zerbe inspected the family’s papers showing they had claim to the property. But, as the family entered the property, Zerbe allegedly threatened, “Go ahead, but don’t touch my (stuff) or we’ll bury you, and we’ve got people who will back us up.”

Later that day, a female East County group member’s movement on the property angered the Julian men, who reportedly fired upon the family. The East County group retaliated and killed Lopes and Zerbe. No one from the family was injured.

According to Dr. John Eisele, the county deputy medical examiner who conducted the autopsies of the Julian men, Zerbe was struck with six bullets, causing two superficial wounds in the head and penetrating wounds, one each, in the chest, right knee, right foot and left hip. Lopes was hit twice, producing wounds in the head and chest.

Toxicology tests were also conducted to determine whether Lopes and Zerbe were under the influence of drugs or alcohol at the time, Eisele said. Those test results and complete coroner’s report are expected in about a month, he added.

Little progress has been made in substantiating the East County family’s version of the shooting, Tenwolde said.

“Thus far, we are not succeeding in getting a conclusive answer,” Tenwolde said. “But we are approaching this investigation and trying to get all the relevant data so that we can submit the most complete account to the district attorney. If someone can provide us with any new information, we would love to talk to them.”

With few new leads to pursue, authorities have taken to reviewing available information with a fine-toothed comb.

Investigators still refuse to release the East County family’s name, but did disclose the participants’ first names on Friday. The cast of characters, according to authorities: Gus, 41; his wife, Mary, 41; their son, Matthew, 20; their daughter, Heather, 16; and friends, Roberto, 19; Todd, 24; and Brandy, 14.

Shortly before 7 p.m. Monday--several hours after the two group’s ominous first encounter--Gus noticed that a vehicle had driven into the area, stopping within 200 feet of where he and his wife stood. Trees and foliage obscured their view of the vehicle and its occupants, but the couple said they heard voices yelling.

While picking up trash and debris, Mary told authorities, she heard a man yell, “That’s not placer, God damn it!” (Placer is a deposit of gravel or sand in water that contains heavy ore minerals, such as gold or platinum.) Then, she said, she was fired upon. As she ran for cover behind the couple’s motor home, Gus moved behind a nearby tree and readied his AK-47.

During the commotion, Gus said he heard yells which sounded like “I’m going to kill you” and “I killed him.” Meanwhile, Matthew, Roberto, Heather and Brandy, who were target-shooting elsewhere with a .22-caliber rifle, 12-gauge shotgun, 9.2-millimeter rifle and a 9-millimeter pistol, came to the couple’s aid. Todd was on a nearby hillside.

After a bullet allegedly whizzed by Roberto, the others (Gus, Matthew, Roberto and Todd) retaliated simultaneously, firing at the truck. The driver’s door of the vehicle opened and Zerbe fell out, mortally wounded. He was clutching a 30-30, lever-action rifle. Lopes lay slumped in the passenger seat; at his side rested a double-barreled 12-gauge shotgun. The family then sent several members to get help. Emergency medical personnel summoned to the site could not resuscitate Lopes and Zerbe.

Besides the weapons found with Lopes and Zerbe, authorities recovered a 30-06 rifle and a 12-gauge pop shotgun and ammunition.

Establishing a Claim

As the investigation continues, Tenwolde said, officials will try to determine “who or who all had a right to be on the site.” He said the East County family showed investigators papers documenting their claim to the land.

“I don’t doubt the papers’ authenticity at all,” Tenwolde said.

But an Encino businessman, Benjamin Haimes, and his associate, James Tweedy, a Van Nuys attorney, say Zerbe was entrusted to watch their 25 claims, including where the shooting occurred.

A spokeswoman for the California office of the federal Bureau of Land Management confirmed that Haimes indeed has claims to the area. All mining claims on public land must be filed with the BLM office.

But BLM officials said it is possible that both groups had claims to the land.