Judge Convicts Tuffree of 2nd-Degree Murder

A Ventura County judge found Daniel Allan Tuffree guilty of second-degree murder Thursday, touching off a courtroom outburst as relatives of slain Simi Valley Police Officer Michael Clark erupted in anger.

Stunned by the decision, one relative lunged across the courtroom at 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 when a jury deadlocked in October.

But Superior Court Judge Allan L. Steele said the evidence did not support the claim that Tuffree planned to kill Clark.

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 now faces two consecutive sentences of 25 years to life in prison, his attorneys said.

Tuffree is now 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 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- and 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.

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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.�

But Steele said the second trial, which started Jan. 7, failed to answer significant questions in the case, such as why a single Black Talon bullet was loaded in Tuffree’s gun clip, or the sequence of bullets fired during the Aug. 4, 1995, gunfight.

Prosecutors had argued that the use of the Black Talon bullet showed Tuffree had planned to kill.

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

It was the deadly Black Talon bullet that bored through Clark’s shoulder, slicing his jugular vein and causing massive internal injuries that killed him, a county coroner testified.

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

He said that when Tuffree saw officers entering his yard with their guns drawn, he hid in hopes that they would go away--just as they had during a prior visit to his house.

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Because police had temporarily seized his gun in 1992, Steele said, Tuffree immediately 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 the house and asked him to show his hands, Steele said, Tuffree responded to the officer’s demands.

“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, looking numb.

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.�

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Jenifer Clark, who had been weeping throughout Steele’s 20-minute 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.

“Why don’t you help him up?� one relative snapped at Deputy Public Defender Howard Asher, who stood back as sheriff’s deputies tried to clear the courtroom.

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 ample time to address the court.

Simi Valley police greeted the verdict with 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,� said Capt. Tony Harper. “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.�

Two years ago, Harper helped recruit Clark from the Los Angeles Police Department’s Devonshire Division. The young officer’s death, Harper said, still lingers in the minds of his colleagues.

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Clark, 28, is the only police officer killed on duty in the department’s 25-year history.

“When you have an officer killed in the line of duty, it’s something you don’t forget,� he said. “There are constant reminders. The best way to describe it is it’s an emotional injury to the brain. It’s always there.�

Councilman Miller said he hoped Clark’s death would also stay in the minds of Simi residents, reminding them of the risks police willingly face on their behalf.

“People tend to forget that the officers are out there every day,� he said. “Something can come out of the blue, and suddenly, someone’s injured or killed. This is a dangerous world.�

Clark was the first officer to arrive at Tuffree’s house, responding to reports that Tuffree had stopped answering his phone, was taking Valium and had been drinking alcohol.

Prosecutors initially sought the death penalty for Clark’s slaying. But after the mistrial last fall, they agreed to drop the death penalty after Tuffree agreed to a nonjury trial before Steele.

At their offices Thursday, defense attorneys Asher and Robert Willey praised Steele’s decision but said they did not consider it a win for the defense.

“We don’t have a winner in a situation like this when an officer died,� Asher said. “I think the judge’s decision was clearly appropriate. I don’t think the prosecution ever proved first-degree murder.�

Asher said Tuffree was upset with the ruling because he believes he did not commit murder. Defense attorneys had asked for a verdict of voluntary manslaughter.

“He was upset,� Asher said. “He has hoped for and believed the judge would return a manslaughter verdict.�

Correspondent David R. Baker contributed to this story.