Tuffree Indicted in Slaying of Simi Officer

A Ventura County grand jury Wednesday indicted Daniel A. Tuffree for murder and two related counts in last month’s shooting death of Simi Valley Police Officer Michael F. Clark.

Defense lawyers immediately complained that the indictment, issued after a closed-door grand jury investigation, nixes a preliminary hearing that was scheduled to be held in open court today.

“I’m really disappointed that the district attorney chose to go this route,” defense attorney Howard Asher said. “We were hoping to question the police officers involved.”

Ventura County Deputy Dist. Atty. Peter D. Kossoris declined to comment on why his office rejected the public preliminary hearing and instead asked for the grand jury indictment.

During grand jury hearings, only prosecuting attorneys are allowed to attend and call witnesses. Defense attorneys and the public are barred.

“Now the truth of what happened isn’t going to get out until trial,” Asher said.

Investigators contend that Tuffree deliberately killed Clark on Aug. 4 when the 28-year-old officer and two colleagues went to Tuffree’s home to check on reports that he might be suicidal.

But Tuffree’s attorneys claim that the 48-year-old high school teacher was not suicidal and fired in self-defense after Clark shot first. They also claim that police had no right to be on Tuffree’s property in the first place.

If convicted of the murder charge, Tuffree could be sentenced to death. Kossoris said prosecutors will decide within the next month if they will seek the death penalty.

The grand jury also charged Tuffree with attempted murder and assault with a deadly weapon for allegedly shooting at Officer Michael Pierce.

But missing from the indictment were four other charges that prosecutors had originally filed.

The Ventura County district attorney’s office had charged Tuffree with attempted murder, assault with a deadly weapon and assault with an automatic weapon for allegedly firing at Sgt. Anthony Anzilotti. Prosecutors had also charged Tuffree with an additional count of assault with an automatic weapon for allegedly firing at Pierce.

Kossoris would not comment on why the grand jury did not indict Tuffree on those four charges.

Tuffree’s attorneys said they heard rumors of the grand jury proceedings last week and sent Kossoris a three-page memorandum on Sept. 20 asking that several issues be raised.

The memorandum contends that Anzilotti knew Tuffree had a history of psychological problems and should have approached Tuffree accordingly. The three officers entered Tuffree’s back yard with their guns drawn and demanded to talk to him, documents show.

“Get the hell out of here, I’m fine,” Pierce quoted Tuffree as saying when Clark demanded to talk to him.

Officers were called to Tuffree’s home after mental health workers became frustrated when Tuffree refused to stop pestering them to fill a Valium prescription, defense attorneys said.

Tuffree told investigators that as Clark peered into his kitchen window, Tuffree placed his handgun on the kitchen counter, defense attorneys said.

“Officer Clark apparently panicked upon seeing the gun and started shooting,” the memorandum stated. “Mr. Tuffree only shot at Officer Clark in response to Clark’s initial gun fire.”

Tuffree is scheduled to be arraigned today.