Jurors Told Slain Deputy Didn’t Follow Procedure

Ventura County Sheriff’s Deputy Peter J. Aguirre Jr. did not follow proper police procedure when he responded to a domestic disturbance call that resulted in his death, a retired police lieutenant testified Thursday.

Roger A. Clark, a former supervisor with the Los Angeles County Sheriff’s Department, was called as a defense witness at the trial of Aguirre’s accused killer, Michael Raymond Johnson.

Clark told the jury that Aguirre erred by walking alone into a dark house where an armed suspect could have been hiding. He said the 26-year-old deputy should have immediately warned his partners and drawn his gun.

“These are basic tactics taught at the academy,” Clark told the jury.

But under aggressive cross-examination by Deputy Dist. Atty. Matthew Hardy, Clark acknowledged the deputy’s response may have been triggered by concern that his fellow officers were in immediate danger.

“That thought would be in his mind,” Clark testified. “It would be natural.”

The lieutenant’s testimony concluded the presentation of evidence by Johnson’s defense team. The defendant’s two lawyers have admitted that Johnson killed Aguirre, but say the July 19, 1996, shooting was not premeditated or intentional.

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They have also suggested that while responding to the disturbance call in Meiners Oaks at the home of Johnson’s estranged wife, Aguirre made mistakes that a reasonable on-duty officer would not have made.

The issue is significant because Johnson faces an allegation that he murdered a police officer engaged in the performance of his duties. If the jury is so convinced, that allegation paired with a first-degree murder conviction would make Johnson eligible for the death penalty.

Prosecutors, however, contend Aguirre was acting in his capacity as a sworn officer at the time of the shooting and did nothing wrong.

It was Johnson, they say, who wanted to kill any officer who got in his way. A five-time felon, Johnson could have been sent back to prison if a gun was found in his possession, prosecutors said.

During Thursday’s testimony, Deputy Public Defender Todd Howeth presented Clark with information on the case, posed in the form of a hypothetical situation.

He told the witness that at 5:30 p.m. four deputies arrived at the wife’s home after receiving a 911 call reporting a domestic abuse situation. When the officers arrived, two went to the back of the house, and Aguirre and his partner approached the front door, Howeth said.

Aguirre knocked and a woman came to the door wearing only a towel. She was crying and gestured inside the house when asked about Johnson’s whereabouts, the lawyer said.

Howeth told Clark that according to the wife’s version of what occurred, she then told Aguirre that Johnson had two pistols and within a matter of seconds shots rang out.

Based on that scenario, Clark said Aguirre should not have entered the house, but should have remained outside and alerted his partners that Johnson was armed.

But prosecutor Hardy challenged Clark’s opinion. He questioned whether Clark had the knowledge or experience to testify to such matters, and in response Clark conceded it had been 25 years since he had personally responded to a situation such as the one Aguirre faced.

Hardy also questioned the former lieutenant’s credibility and motive for testifying.

“Didn’t you retire bitter and disappointed?” Hardy asked at one point.

Clark conceded he left law enforcement after failing to reach the rank of captain, a position he applied for five times. But he denied being bitter about the experience.

“I had a great career,” he said.

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Asked by Hardy how many times Clark has testified on police procedure in criminal or civil cases, Clark said, “About two dozen times,” including two other Ventura County murder trials involving police shootings. Clark said he has never testified on behalf of the prosecution.

Asked how much he was being paid for his services in Johnson’s case, Clark said he receives $100 an hour for consultation and $200 an hour to testify.

The trial continues Tuesday, when the prosecution plan to put on a brief rebuttal case by calling its own expert on police procedure. Closing arguments are set for late next week.