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Prosecutors Rest Case in Shooting of Deputy Aguirre

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TIMES STAFF WRITER

Prosecutors rested their case in the murder trial of accused cop-killer Michael Raymond Johnson on Monday after calling their last witness--a pathologist who told jurors the mortally wounded officer was shot in the head at point-blank range.

Showing the jury an autopsy photo that sent the officer’s widow running from the courtroom, Medical Examiner Ronald O’Halloran testified that gunpowder residue on the deputy’s face shows he was shot by a weapon held about 12 inches from his head.

The medical examiner said he compared the marks--known as stipling--on the deputy’s temple to similar marks created by test shots fired at varying distances in the county’s crime lab.

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Prosecutors say Johnson, a five-time felon and former Ventura resident, fatally shot Ventura County Sheriff’s Deputy Peter J. Aguirre Jr. last July while the officer was responding to a reported domestic disturbance at the home of Johnson’s estranged wife.

They contend the 50-year-old defendant intentionally gunned down the deputy to avoid being sent back to prison. They say he fired two guns at Aguirre, hitting him twice.

Johnson then walked over to the fallen officer and fired a third shot at point-blank range, prosecutors argued.

During his testimony, O’Halloran told the jury that Aguirre suffered three gunshot injuries: one to the left arm and two to the head.

The one shot that was fired about 12 inches from Aguirre’s face struck the right side of his temple near his eyebrow and passed through his head, exiting near his left ear, O’Halloran testified.

The medical examiner said that either shot to the head could have killed Aguirre. Each shot would have been debilitating, instantly knocking the officer unconscious and causing him to collapse to the ground, O’Halloran said.

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At the conclusion of the medical examiner’s testimony Monday afternoon, Deputy Dist. Atty. Matthew Hardy rested the prosecution’s case. The defense is scheduled to open its case Wednesday.

Johnson’s murder trial began Dec. 9 and has lasted about two weeks with a break for the holidays.

Prosecutors called 15 witnesses, including police officers involved in a gun battle with the defendant after Aguirre was shot.

Johnson is facing charges of murder and attempted murder for shooting Aguirre and firing his guns at another officer. He also faces charges of kidnapping and spousal rape for allegedly holding his wife hostage before the shooting. He could face the death penalty if convicted.

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