San Diego

The California Supreme Court has refused to review an appellate court decision ordering a new trial for a man convicted of fatally shooting a police officer.

Charles Tyberg was convicted in the 1983 slaying of San Diego police officer Kirk Johnson. Tyberg was 16 at the time of the slaying.

A three-judge panel of the 4th District Court of Appeals in June threw out Tyberg’s confession to Johnson’s slaying, saying it was obtained through coercion and trickery.

The San Diego County District Attorney’s office asked the high court to review the appeals court decision. But the bid fell two votes short of a hearing being granted Thursday.

“I think it’s unfortunate that faced with a decision like that that they didn’t at least take it up. Whether we’ll take this case to the U.S. Supreme Court is still the subject of some discussion, but there is a lot of sentiment for doing that,” district attorney’s spokesman Steve Casey said Monday.

If no appeal is made, or if the U.S. Supreme Court refuses to get involved in the case, Casey said the new trial must begin within 60 days.

Tyberg, now 20, was sentenced to 27 years to life in prison.

Tyberg was 16 when he took two friends for a joy ride in a marked sheriff’s cruiser assigned to his stepfather. Before driving to Marion Bear Park near La Jolla, Tyberg armed himself with his stepfather’s service revolver and dressed himself in his stepfather’s uniform.

When an unsuspecting Johnson approached the youth’s car, he was shot five times at close range.

Tyberg’s companions were not charged in the case. He was tried as an adult because of the seriousness of the crime.