4 Acquitted of Murder in Drug Officer’s Death : Courts: Jury convicts the three men and one woman of felony cocaine dealing. Three alleged gunmen still await trial.

Four people accused of killing a Fullerton narcotics officer during an undercover operation that turned into a bloody gun battle have been convicted on felony cocaine charges but acquitted of first-degree murder.

After 1 1/2 days of deliberation, a Norwalk Superior Court jury returned the verdicts Monday in the first of two trials stemming from the death of Detective Tommy De La Rosa outside a Downey home on June 21, 1990.

The panel of six men and six women convicted Jesus Pena, 22, Luis Benitez, 37, Miguel Escobar, 34, and his wife, Ydalvys, 38, on charges of conspiracy to buy cocaine and the attempted purchase of cocaine with intent to sell it. The four were not the alleged gunmen, who are scheduled to go to trial in January.

Jurors also found the defendants guilty of trying to purchase more than 100 pounds of the drug, a special sentencing enhancement that could increase their punishment. Each faces a maximum penalty of 19 years in prison. Their sentencing is set for Dec. 13 before Judge Charles Frisco.

While prosecutors conceded Tuesday that the murder case was difficult to prove, defense attorneys hailed the verdicts as a victory and criticized the district attorney for bringing a weak murder case that would never have been filed if De La Rosa was not a police officer.

“When an officer gets killed, the stops are pulled out and people are overcharged with crimes,” said attorney Frank DiGiacomo, who represented Pena. “It isn’t often they lose in the death of an officer. We are pleased the jury saw it our way this time.”

During the monthlong trial, Los Angeles County Deputy District Attorneys Ellen Berk and E. William Gravlin contended that the defendants were liable for De La Rosa’s death because they participated in a drug deal that led up to the shooting.

They presented evidence suggesting that the accused met with undercover officers to negotiate the purchase of $4 million in cocaine. When De La Rosa tried to deliver the 200-kilogram shipment, he was shot five times at the Arrington Avenue home.

Prosecutors contended that the defendants never intended to pay for the cocaine and planned to rob De La Rosa, 43, who shot and killed one suspect during the exchange of gunfire.

Under state law, defendants can be convicted of murder in certain circumstances if they participated in a crime that leads to a death.

“We understood it would be extremely difficult for a jury to convict people for murder who were not present at the scene,” Berk said. “We expected what occurred to happen. . . . We could not prove that they foresaw that a killing would occur or that the officer was going to be ripped off, which is what the law requires.”

Berk said the murder charges were filed in accordance with the law, not because De La Rosa was a police officer. She noted that the judge denied defense motions to dismiss the murder charges on the grounds the liability theory was inapplicable.

“We were pleased they were convicted of all the drug charges and disappointed they were not convicted of the murder,” said Fullerton Police Capt. Lee R. DeVore, who heads the department’s investigation division. “But given the facts, the verdict was probably a reasonable conclusion.”

After the prosecution rested last week, charges of conspiracy to commit robbery and attempted robbery, as well as a special circumstance allegation that could have resulted in the death penalty for Pena, were dismissed for lack of evidence.

“I thought (the murder case) was outrageous,” said John H. Wilbur, Miguel Escobar’s attorney. “The people knew that three of the defendants had nothing to do with it. If they thought they would have lost this case, they never should have gone to the length they did. Their theory just did not hold water.”

Wilbur contended that using the attempted purchase of cocaine charge as a way to apply the liability theory was “really cranking the dog’s tail.”

The defense included the theory that the defendants were acting in self-defense after De La Rosa arrived at the house. Wilbur said that the accused did not know that De La Rosa was an undercover officer and that he might have fired his gun first.

Still to be tried in the case are the alleged gunmen, Raul Meza, 50, Omar Yuriar Noriega, 23, and Jerome Leon Sanchez, 29, who face the death penalty if convicted. Also facing drug charges is Frederico E. Marriott, 39. All are Mexican nationals who gave addresses in Bell, Placentia and Downey. They are being held without bail.