Simi Valley Officer’s Killer Convicted

VENTURA â€”  A Ventura County judge found the accused killer of a Simi Valley police officer guilty of second-degree murder Thursday, touching off a courtroom outburst as relatives of the slain policeman erupted in anger.

Stunned by the decision, one relative of Officer Michael Clark lunged across the courtroom at defendant Daniel Allan Tuffree as he was being led away by authorities, amid the cries of the officer’s widow.

“You son of a bitch!� Jenifer Clark screamed tearfully, as Tuffree was quickly shepherded out of court.

Prosecutors fought hard for a first-degree murder conviction, arguing during two trials that Tuffree intentionally shot and killed Clark out of hatred for police. The first trial ended in a mistrial in October when the jury deadlocked.

But Superior Court Judge Allan L. Steele said the evidence did not support the claim that Tuffree planned to kill Clark, 28, a former officer with the Los Angeles Police Department’s Devonshire Division who was recruited to join the Simi Valley Police Department two years ago.

Instead, the judge agreed with defense attorneys’ assertions that Clark reasonably fired at Tuffree when he saw him holding a gun. Tuffree returned fire, fatally shooting the officer in the shoulder, he said.

Steele handed down his ruling almost immediately after prosecutors made their rebuttal statements Thursday morning.

Nearly 1 1/2 years after the shooting, Steele said it was time the matter was resolved.

“I think there should be closure to this,� he said. “I think it should be now.�

The second-degree murder verdict, paired with an earlier conviction for attempted murder of a police officer and other enhancements, means Tuffree faces two consecutive sentences of 25 years to life in prison, his attorneys said.

Tuffree is 49, so the ruling essentially means that he will spend the rest of his life behind bars.

“I think for all intents and purposes, this is a life sentence,� said Simi Valley City Councilman Paul Miller, who served for 12 years as the city’s police chief.

Outside the courtroom, Deputy Dist. Atty. Peter D. Kossoris acknowledged that in terms of prison time, the difference between a first-degree and a second-degree murder verdict may not matter.

“But absolutely it matters to the people involved,� he said.

Clark’s family was astonished when a jury deadlocked on the first-degree murder charge in October after a six-week trial. The family came to the courthouse every day, often wearing big buttons displaying a picture of Clark in uniform.

After Steele declared a mistrial in October when nine jurors voted to convict on first-degree murder and three held out for second-degree murder, Deputy Dist. Atty. Patricia M. Murphy consoled the family, saying: “We’ll do it better next time.�

The first trial involved a capital murder charge that could have resulted in the death penalty if Tuffree had been found guilty. But after the hung jury, prosecutors in the second trial agreed not to seek the death penalty if defense attorneys would try the case before a judge instead of a jury.

Steele said the second trial, which started Jan. 7, failed to answer significant questions in the case, such as why only one Black Talon bullet was loaded in Tuffree’s gun clip, and did not determine the sequence of bullets fired during the Aug. 4, 1995, gunfight.

“There are huge areas in this case that make no sense,� Steele said. “It is just a big absence of information.�

Despite the inconsistencies, Steele said he had his own conclusions about what must have happened during the gunfight.

Clark was the first officer to arrive at Tuffree’s house. Officers were checking Tuffree’s welfare after reports that he had been taking Valium and drinking and had stopped answering his phone. A neighbor told officers Tuffree had a gun.

Steele said that when Tuffree saw officers entering his yard with their guns drawn, he hid in hopes that they would go away--as they had when they came to his house earlier.

Because police had temporarily seized Tuffree’s gun in 1992, Steele said, he believed Tuffree grabbed the .40-caliber Glock when he saw officers approaching, determined not to let them take the gun away again.

When Clark spotted Tuffree inside his house and asked him to show his hands, Steele said, Tuffree did so.

“I think he brought the gun up holding it by the handle in a way that to the officer seems very threatening,� Steele said. “[Clark] yells ‘Gun!’ and I think he starts shooting instantly.�

Steele said there was no evidence that Tuffree intended to kill Clark, which had to be proved for a first-degree murder conviction.

“All he wanted was them to leave him alone,� Steele said.

As the judge spoke, Clark’s relatives, police officials and prosecutors sat stone-faced.

Tuffree, a former schoolteacher, stared straight ahead and showed no emotion as Steele described him as a self-centered, remorseless man who cared about no one but himself.

“Mr. Tuffree from beginning to end has only been concerned about one thing: Mr. Tuffree,� Steele said, recalling how Tuffree demanded medical attention and a glass of water at the hospital. “He didn’t care about the person he shot.�

Jenifer Clark, who had been weeping throughout Steele’s 20-minute reading of his ruling, screamed at Tuffree as he was led to a holding cell.

“Why don’t you say you’re sorry?� yelled another relative.

Amid the commotion, Michael Clark’s uncle, Bill Clark, who attended nearly every day of testimony during the two murder trials, charged from his seat in the front row of the gallery and went after Tuffree.

Authorities and other family members tried to restrain him, but he broke loose and was tackled at the feet of Tuffree’s startled defense attorneys.

In the hallway outside, relatives sobbed and consoled one another. As they left the courthouse, Frederick Clark, the officer’s father, declined comment.

“The judge still has to give the sentence. I’d rather give [a statement] then,� he said.

Steele set aside an entire day for a sentencing hearing on March 14 to allow family members time to address the court.

Clark is the only police officer killed on duty in the Simi Valley department’s 25-year history. Simi Valley officers greeted the verdict with both disappointment and relief.

“We had hoped for a first-degree murder conviction, but the judge is the one who heard all of the evidence, and obviously, it’s his call,� Capt. Tony Harper said. “We’re glad it’s over. We know that Mr. Tuffree will be serving a lengthy sentence--which he should--and we’re pleased with that.�

Times correspondent David R. Baker contributed to this story.