San Diego

The murder retrial of Charles Tyberg, a deputy sheriff’s stepson accused of killing a San Diego police officer in 1983, will be held in Orange County, a judge ruled Friday.

San Diego Superior Court Judge J. Perry Langford said he has no jurisdiction to order the retrial be held in San Diego as requested by the district attorney’s office.

Deputy Dist. Atty. Paul Morley told reporters his office will probably appeal to the 4th District Court of Appeal.

Tyberg’s trial was moved in 1983 on a change of venue motion citing prejudicial pretrial publicity. When his first-degree murder conviction was overturned last year, the prosecution asked that the retrial be held in San Diego for the convenience of witnesses.

“I don’t think the outcome will be any different whether he is tried in San Diego or Orange County,” Morley said.

The district attorney’s office commissioned a telephone survey showing that many people had either forgotten the case or were unaware of it. Langford, however, did not admit that evidence, saying he lacked jurisdiction to even hear such a motion.

“Today, he can get a fair trial in San Diego,” Morley said.

The retrial is scheduled for Feb. 17 in Santa Ana Superior Court.

Officer Kirk Johnson, 26, was shot five times in his patrol car in San Clemente Park on Feb. 19, 1983, after encountering Tyberg wearing his stepfather’s uniform and driving his patrol car.