Ex-Van Nuys Teacher Requests New Trial in Killing of Officer

A former Van Nuys High School teacher convicted in the first fatal shooting of a Simi Valley police officer is asking for a new trial.

Daniel Allan Tuffree’s lawyer Thursday told a panel of three appellate court justices in Ventura that Tuffree’s convictions on second-degree murder, attempted murder and assault with a firearm should be overturned because police were no longer lawfully on Tuffree’s property when he shot and killed Officer Michael Clark in 1995.

Officers were called after reports that Tuffree had mixed alcohol and Valium and could be in danger. But after Tuffree yelled from his home that he was fine and didn’t need their help, police had no business on the property, said Raymond Girard, Tuffree’s appellate lawyer.

But Assistant Atty. Gen. Audree Wong said police were well within their rights to remain on the property.

“His voice was groggy, he was slurring his words and he was very belligerent,” she said. “It was reasonable for police to believe further questioning was necessary.”

In a 205-page brief filed with the 2nd Court of Appeal, Girard also argued that improper jury instructions meant that the panel may not have fully considered Tuffree’s claim that he was acting in self-defense when a gunfight broke out that left Clark dead.

Clark and other officers approached Tuffree’s home from his yard and demanded to speak with him. Tuffree repeatedly told officers to leave.

Tuffree’s public defender argued during the trial that Tuffree shot Clark only after Clark fired his weapon. Tuffree was sentenced to 54 years to life.

Jenifer Clark, the officer’s 32-year-old widow, who attended Thursday’s court proceeding, said the appeal is out of line.

“The officers were doing their job,” she said. “Had the officers said, ‘OK, you have slurred speech, we’re going to go now,’ and he [Tuffree] had died, his family would have sued the Police Department.”