Defense Lawyer Blames Police in Simi Officer’s Shooting

Daniel Allen Tuffree didn’t want to shoot anyone, his lawyer said Thursday; he just wanted his Valium.

Tuffree is accused of killing Simi Valley Police Officer Michael F. Clark. Tuffree’s incessant phone calls to his psychiatrist demanding an early refill of his Valium prescription, defense attorney Richard E. Holly said, drove the doctor to call authorities.

When police went to check on Tuffree, the seemingly routine visit Aug. 4 ended in gunfire that left Clark, 28, dead, and Tuffree wounded.

Holly on Thursday placed much of the blame for the shootout on police, saying they had handled a volatile situation incorrectly.

One of the three officers who arrived first knew Tuffree was mentally unstable, Holly said, and should not have drawn his gun and demanded to talk.

“This whole thing could have been handled differently,” Holly said outside a Ventura County courtroom before Tuffree’s scheduled court appearance.

The bearded high school social studies teacher, his right hand bandaged, did not enter a plea Thursday as Clark’s family sat in the front row of the courtroom. The family declined to comment.

Defense attorney Howard J. Asher said in an interview that Tuffree would plead not guilty on Monday to a murder charge, two counts of attempted murder and four counts of assault.

If convicted, Tuffree could be sentenced to death.

Meanwhile, Ventura County Municipal Court Judge John E. Dobroth said he would rule Wednesday on a defense motion that accuses police and prosecutors of withholding information. The motion also said the investigators are publicly releasing inaccurate and misleading information. Simi Valley police have maintained that Tuffree was suicidal and fired at police when they were sent to check on him at home.

“He never pointed his gun at Clark,” Holly said, adding that Tuffree claims the officer fired first.

Prosecutor Peter D. Kossoris declined to comment on Holly’s allegations. Kossoris also said that prosecutors have not decided whether they will ask for the death penalty.