Witness Says He Saw Cinco Shoot Officer

In a dramatic account of a nighttime gun battle in Balboa Park that left two police officers dead and another wounded, a civilian witness in the trial of accused killer Joselito (Jerry) Cinco Tuesday described futile attempts by him and an injured San Diego police officer to assist Officer Kimberly Tonahill minutes after she was mortally wounded by Cinco.

Testifying in Cinco’s first-degree murder trial, Ernest M. Silva testified that he rushed to Tonahill’s aid when the gunfire ended and found the rookie officer on her side, dying, separated a few feet from Officer Timothy Ruopp, who was lying on the asphalt parking lot with a bullet wound to the head.

Officer Gary Mitrovich, 29, who was wounded in the shoulder, helped turn Tonahill over as the two men tried desperately to keep her alive, Silva testified.

Vivid Account of Killings

Silva gave a vivid account of the Sept. 14, 1984, killings. But when pressed by Assistant Dist. Atty. Richard Neely and defense attorney John Cotsirilos about testimony that he gave at Cinco’s preliminary hearing three years ago, he suffered from repeated memory lapses.

On several occasions, Neely and Cotsirilos showed him transcripts of his testimony at the preliminary hearing but Silva said not even that could help him recall other details of the shootings. Superior Court Judge Luis Cardenas ordered Silva to read the transcript of his 1984 testimony after Cotsirilos said that he planned to recall Silva to the stand later.

Silva, a Marine Corps veteran, had gone to an area of Balboa Park called Grape Street Park, where the shootings occurred, with a former girlfriend. When the firing began, Silva said that he and the woman, Leticia (Betty) Murguia, dived under a picnic table, from where he witnessed the 11 p.m. gunplay.

After the firing stopped, Silva said, he rushed to help Tonahill, 24, and Ruopp, 31.

“The lady (Tonahill) was on her right side. The male (Ruopp) was on his left side,” said Silva. “ . . . I tried to administer CPR to her . . . There was a hole on her left side . . . it was in between (where the armored vest joined at the side). . . . She took two deep breaths and started crying.”

Tonahill, who was shot four times, died at the scene from a bullet that pierced a lung and her heart.

Meanwhile, Ruopp was lying on his left side, resting his head on his left hand, his body jerking uncontrollably, Silva said. Neely said that Cinco shot Ruopp in the leg and calf before firing a bullet that entered above Ruopp’s right eye and exited at the back of his head.

Drinking With Teens

The incident began when Ruopp, a 7 1/2-year veteran of the department, drove to the Grape Street Park parking lot, where he found Cinco, 28, and Victor Casillas, 26, with two teen-age girls. Neely said that the four were drinking whiskey from paper cups. Ruopp put the girls, Gina Hensel, who was 16 at the time, and Dana Andreasen, who was 15 then, in the back seat of his patrol car and called for backup.

Tonahill, who had been an officer for 11 months, arrived minutes later, while Ruopp was writing misdemeanor citations for Cinco and Casillas. After conferring with Ruopp for a few minutes, Tonahill approached Cinco, who was standing near the trunk of Casillas’ Mustang convertible.

Ronald White, another witness to the shootings, testified Monday that he saw Cinco pull a handgun and fire when Tonahill attempted to search him. Police said that Cinco shot Tonahill at point-blank range with a 9-millimeter automatic pistol, before turning his gun on Ruopp. On Tuesday, Silva testified that he turned to witness the shootings after hearing two quick shots.

“I saw a young man standing with a gun, by the rear of the Mustang. He was standing there, pointing the gun with both hands,” Silva said.

Gunman Followed Ruopp

By this time, Ruopp and Tonahill, who did not draw their service revolvers, were already down. Ruopp sought protection from his attacker by dragging himself behind his patrol car. Silva said that he saw the gunman methodically follow Ruopp after shooting Tonahill.

“He walked over to the officer at the rear (of the patrol car) . . . He walked over and shot him again. The gun was pointing downward . . . He then walked over and shot the female officer,” Silva testified.

Silva and White said that they could not identify Cinco as the gunman, but defense attorney Cotsirilos has admitted that Cinco is responsible for the killings. However, in his opening statement to the jury, Cotsirilos blamed Cinco’s action on extensive drug use stemming from family and financial problems. Cinco committed the slayings in a “drug-soaked moment of fear and panic,” Cotsirilos said.

Prosecutors, citing special circumstances, have asked for the death penalty for Cinco. But Cotsirilos said that the killings were not premeditated and said his main task will be to prevent a death penalty verdict from the jury. The trial was moved to Orange County in 1985 because of excessive pretrial publicity.

After the shootings, the teen-age girls and Casillas ran to where Silva and Murguia were hiding, Silva said. Silva allowed Hensel and Andreasen to hide under the table but chased Casillas away.

Fled Into a Canyon

Casillas and Cinco escaped into a nearby canyon but were captured after a massive police search. Casillas was not charged and is expected to testify against Cinco. The two men worked as automobile mechanics at the Montgomery Ward department store in Mission Valley at the time of the incident.

Silva said that he waited about a week and a half after the incident before talking to homicide detectives. He said that he left the scene without giving police his name because he had two outstanding traffic warrants and was reluctant to get involved. He finally agreed to talk to police after repeated urging from his family and Murguia.

Murguia was on the stand when the hearing recessed on Tuesday. She was very nervous and answered questions reluctantly while being questioned by Neely. Murguia told the prosecutor she was nervous and gave sketchy details about the incident, but her testimony closely paralleled Silva’s. Murguia will return to the stand today and will be questioned by Cotsirilos.