Ex-Simi Officer Tells Court of Fatal Gun Battle

An agitated Daniel Allan Tuffree repeatedly told Simi Valley police that he felt fine and ordered them to get away from his house before fatally shooting Officer Michael Clark, the slain officer’s partner testified before a hushed courtroom Tuesday.

As Clark’s mother wept softly and jurors listened attentively, former Simi Valley Police Officer Michael Pierce methodically recalled how a gunfight began with Tuffree on a hot August afternoon last year.

Pierce was one of three officers called to check the welfare of Tuffree, who had reportedly been taking Valium and alcohol and not responding to phone calls to his house.

Tuffree, a former Chatsworth High School social studies teacher, is charged with first-degree murder in the killing of Clark and armed assault and attempted murder for allegedly shooting at Pierce.

During Tuesday’s testimony, Pierce told jurors that he was working a routine traffic stop when a dispatcher asked him to provide backup for Clark and Sgt. Anthony Anzilotti.

The three officers entered the backyard of Tuffree’s house to talk to the resident, Pierce said. The officers all drew their pistols, said Pierce, adding that he asked to clear the radio of calls in case of an emergency.

“I didn’t know how far it would go,” Pierce testified.

Although calls to check the welfare of residents are common, Pierce said, the report that Tuffree had taken Valium and alcohol caused him concern because the combination can make suspects unpredictable.

“They are an unknown,” he said of people who have combined the drugs. “You never know what they are capable of doing.”

After the officers entered the yard, Anzilotti walked along the east side of the house, Clark went toward the north side, and Pierce said he stayed between them at the corner of the house near the gate.

It was a hot day and Tuffree’s air conditioner was humming loudly, Pierce said. Over the noise, Pierce said, Clark called out to Tuffree in a calm voice and approached the kitchen window to look inside.

“Officer Clark said, ‘This is the police, we need you to come out,’ or something like that,” Pierce said, adding that Tuffree replied in an agitated voice: “Get out of here. You are not needed.”

At some point during the conversation, Pierce testified, Clark turned to him and yelled that he was in a dangerous position with no cover in the exposed yard.

At that point, Anzilotti had moved back behind Pierce at the corner of the house and told Clark to be sure the man inside was Tuffree, Pierce testified.

“Officer Clark leaned in the window,” he said. “The person inside responded, ‘That’s me. I don’t need you. Get the hell out of here.’ ”

Seconds later, Pierce said, Clark yelled in a louder voice: “ ‘Hey, what are you doing, let me see your hands . . . ‘

“It was immediately followed by, ‘He’s got a gun,’ ” Pierce said.

At that point, the officer said he heard four muffled gunshots from inside the home, one shot followed by three consecutive shots. He said he saw Clark’s body collapse.

“He was hit at least two times before he went down,” Pierce said. “I could not tell if Officer Clark was alive or dead.”

As he attempted to rescue the fallen officer, Pierce said, he was forced to take cover behind a concrete step by the house as additional gunshots from the direction of the house flew past the left side of his head.

Tuffree’s lawyer began cross-examination of Pierce late in the day, testimony that is expected to resume today.

Earlier in the day, Judge Allan L. Steele declined to rule on a motion by The Times asking for the release of court records relating to statements made by Tuffree to police after his arrest. Steele continued a hearing on the issue until Aug. 22.