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Man Acquitted in Slaying of Fullerton Officer : Courts: Judge rules the prosecution failed to provide enough evidence to convict him.

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TIMES STAFF WRITER

A Superior Court judge on Tuesday acquitted one of four defendants in the 1990 death of Fullerton Police Detective Tommy De La Rosa, who was killed during a drug sting in Downey.

Judge J. Kimball Walker granted a defense motion to dismiss charges of murder and conspiracy to commit murder against Fredrico Marriott, 40, after the judge ruled that the prosecution failed to provide enough evidence to convict Marriott.

Walker said there “is no evidence whatsoever” that Marriott participated in the incident. Marriott had faced imprisonment of 25 years to life if he had been convicted.

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The dismissal brought an immediate reaction from Fullerton Detective Dan Hughes, the dead officer’s partner, who stormed out of the courtroom and loudly banged the courtroom door shut.

Hughes already is facing a contempt charge for remarks he made as a witness in the case. Though the judge rebuked Hughes, he did not fine the detective or sentence him to jail. A hearing on the contempt charge is pending.

Marriott still faces two drug charges involving conspiracy to buy cocaine for sale, and attempted possession of cocaine for sale.

Defendants remaining on trial and charged in the slaying of De La Rosa and conspiracy to commit murder are Raul Meza, Jose Yuriar and Jesus Araclio, all of Los Angeles County. They are also charged with trying to buy cocaine with intent to resell it.

Prosecutors contend that Meza, Yuriar and Araclio were the triggermen in the June 21, 1990, shooting outside a Downey home. They say the men had planned to rob De La Rosa of drugs he supposedly was going to sell them, then kill him. The three are also charged with lying in wait and committing murder during a robbery, both special circumstances that make them eligible for the death penalty if convicted.

In a related matter, Araclio’s defense lawyer James Patterson, asked the court to prohibit Hughes from attending today’s trial to hear closing arguments. Patterson made the unusual request after Hughes stormed out of the courtroom.

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“Well, I’m not pleased with Detective Hughes’ presence in the courtroom, and if he is disruptive again, he will be excluded from the court proceeding permanently,” Walker said.

Patterson told the court he was concerned that Hughes might again disrupt the trial and detract from defense arguments.

Hughes could not be reached for comment.

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