Cinco Sentenced to Death for Killing 2 Police Officers

Joselito Cinco was sentenced Friday to death in the gas chamber for the 1984 murders of two San Diego police officers killed during a routine stop in Balboa Park.

Orange County Superior Court Judge Luis Cardenas also sentenced the Spring Valley man to 12 years in state prison for the attempted murder of a third officer who was wounded in the nighttime shoot-out. Cardenas imposed the death sentence despite pleas from Cinco, 28, and his mother, Lolita Cinco Zamora, who got down on her knees and tearfully begged for her son’s life.

Cinco, in his first public statement about the murders, blamed the killings on a “drug-induced impulse.”

“I wish I could turn back the hands of time. . . . If I could, I’d gladly trade my life for theirs. . . . I did not intend to harm anyone on that night. I’ll have to live with my guilt for the rest of my life,” said Cinco.

Never Denied Killings

Defense attorney John Cotsirilos had argued in his opening statement at the trial that the Cinco committed the murders in a “drug-soaked moment of fear and panic.” Cotsirilos never denied that Cinco killed the two officers and wounded the third, but said that the shootings were not a “premeditated and deliberate act.”

Zamora, who had taken the witness stand to address the court, asked Cardenas to spare Cinco’s life.

“If I have to beg, I’ll beg of you,” she said to Cardenas. “ . . . If I could exchange my life with the officers who died, I would exchange my life. I’m very, very sorry for what happened.”

However, Cardenas ignored their pleadings and followed a jury’s recommendation, which voted on March 4 to sentence Cinco to death. The same jury convicted him of first-degree murder with findings of special circumstances Feb. 18.

The jury found that the killings were multiple and occurred in an attempt by Cinco to avoid arrest. The trial was moved to Orange County in 1985 because of extensive pretrial publicity in San Diego.

“I am going to sentence you to die. I think it’s the only true and appropriate judgment. . . . It is the judgment of this court that Joselito Cinco shall be put to death by lethal gas within the walls of San Quentin,” Cardenas said.

Then, in a reference to Cinco’s frequent concerns during the trial about his attire and appearance, Cardenas chastised him with accusations that he was “narcissistic.”

“The only person you seem to love is you,” said Cardenas. The murders were committed with a “high degree of cruelty, callousness and viciousness,” he added.

The shootings occurred in an area of Balboa Park called Grape Street Park on Sept. 14, 1984. Officer Kimberly Tonahill, 24, was shot four times by Cinco and died at the scene from a bullet that pierced her heart and a lung. Officer Timothy Ruopp, 31, was wounded in the leg and calf before he was mortally wounded by a bullet that entered above his right eye and exited through the back of the head. Neither officer had a chance to draw a gun.

Ruopp had confronted Cinco and another man, who were at the park drinking with two teen-age girls at about 11 p.m. Ruopp was giving the two men misdemeanor citations for providing liquor to minors when he called for a backup. Tonahill responded and was in the process of frisking Cinco, who suddenly produced a 9-millimeter automatic pistol and began firing.

Officer Gary Mitrovich was patrolling in the area and heard the shots. Mitrovich went to help and was met by gunfire from Cinco. The officer returned fire but was wounded in the shoulder. Cinco was not injured.

Cardenas noted that Cinco had a warrant outstanding at the time of the shootings and said the killings occurred “all because you didn’t want a $25 ticket.” The warrant was for an incident that had occurred two months earlier when Cinco was arrested in Mission Beach on suspicion of carrying a .357-magnum revolver.

“I’m very glad it’s over. Justice has been served,” said Sharon Tonahill, Kimberly Tonahill’s mother, after the sentencing. “Mrs. Cinco was very dramatic. I lost a daughter. I feel she lost her son a long time ago.”

Kathy Probett, Ruopp’s widow, who has remarried, said, “I feel relieved it’s over with. It’s a door that has been closed for us. He’s shown no respect for life,” she said.

Mitrovich, who recovered from his injury and returned to duty, also praised the sentence. “He committed the ultimate violation by killing two police officers. I think it is a just and legal punishment,” he said.

On Friday, Cardenas also denied three motions submitted by Cotsirilos. The attorney filed a 99-page document arguing for a new trial on grounds that Cardenas committed 23 legal errors during the trial. Cotsirilos also argued that strict security measures in the courtroom deprived Cinco of a fair trial. Finally, Cotsirilos argued unsuccessfully that Cinco should be sentenced to life in prison instead of death.

“I personally feel the court will never have the moral right to kill a man,” said Cotsirilos.

San Diego County Deputy Dist. Atty. Howard Shore called Cinco “evil” with a “vicious nature” and argued for the death sentence.

“I think the defendant will be executed,” Shore said. “I can’t say when, but I think it will happen.”

The last execution in California occurred in 1967.