Mistrial Declared in Officer’s Slaying

With the jury hopelessly deadlocked, a Ventura County Superior Court judge declared a mistrial Thursday in the murder trial of Daniel Allan Tuffree, a former Van Nuys teacher accused of fatally shooting a Simi Valley police officer last year.

The stunning conclusion to the first-degree murder trial outraged members of the slain officer’s family, as well as law enforcement officials and prosecutors who vowed to take the case to trial again.

“We will just do it better next time,” Deputy Dist. Atty. Patricia Murphy told the officer’s relatives moments after the jury announced to Judge Allan L. Steele’s hushed courtroom that it was deadlocked 9 to 3 in favor of conviction.

Tuffree, 49, was charged with first-degree murder--and faced a possible death sentence--in the shooting death of Officer Michael Clark on Aug. 4, 1995.

Deliberating for more than a week, the jury voted three times on whether Tuffree deliberately shot and killed Officer Michael Clark. The three jurors who held out said they believed there was reasonable doubt about whether the shooting by the former teacher was premeditated.

“I feel that after thoroughly weighing and considering the evidence and the testimony, we were not convinced that this man could have premeditated murder,” said Carol Becker of Oxnard, who wanted to convict Tuffree on a lesser charge of second-degree murder or manslaughter.

During heated jury deliberations that ignited into angry screaming matches as the days wore on, it became clear that the jury was not going to reach a consensus, Becker said.

“The sticking point was whether there was premeditation,” said Jury foreman Mike Coy Kendall, a 47-year-old insurance salesman and former attorney, who wanted to convict Tuffree of first-degree.

Robert Mitchell, 51, of Ventura also held out for second-degree murder. He added that during the heated deliberations there was never a question of acquitting Tuffree.

“Mr. Tuffree was not getting off, he wasn’t going anywhere,” said Mitchell, who works for the U.S. Postal Service. “The three of us just felt there wasn’t enough evidence to prove premeditated murder.”

Clark was one of three officers sent to Tuffree’s Simi Valley home last year after reports that the former Los Angles Unified District social science teacher had been taking Valium, drinking alcohol and was possibly suicidal.

When Tuffree saw the officers entering his backyard with their guns drawn, he grabbed his semiautomatic pistol. He spoke briefly with Clark through his kitchen window, and then the gun battle began.

Tuffree admitted to fatally shooting the officer in the back and arm, but told authorities he fired only after the officer shot at him. Prosecutors argued that Tuffree hated police and intentionally killed the 28-year-old officer.

Although the jury deadlocked on the first-degree murder charge, it found Tuffree guilty on two lesser charges of armed assault and attempted murder Wednesday in connection with the gunfight with Simi police. Prosecutors said he could face a prison sentence of more than 20 years on those charges.