ATTORNEY DEFENDS SLAYING : SHOOTING OF SIMI OFFICER NOT AMBUSH, LAWYER SAYS.Byline: Michael Coit Daily News Staff Writer Contending that Daniel Tuffree fired in self-defense (Law) in protection of self, - it being permitted in law to a party on whom a grave wrong is attempted to resist the wrong, even at the peril of the life of the assailiant. - Wharton. See also: Self-defense when he shot and killed a Simi Valley Simi Valley (sē`mē, sĭm`ē), city (1990 pop. 100,217), Ventura co., SW Calif. in an oil, fruit, and farm region; laid out 1887, inc. 1969. police officer last summer, attorneys for the former teacher assailed prosecution theories Tuesday during closing arguments in his murder trial. Countering the prosecution's charge that Tuffree ambushed Officer Michael Clark Michael (or Mike) Clark can refer to the following people:
``He's not an outlaw,'' Asher said, acknowledging that Tuffree had not liked the police since officers confiscated con·fis·cate tr.v. con·fis·cat·ed, con·fis·cat·ing, con·fis·cates 1. To seize (private property) for the public treasury. 2. To seize by or as if by authority. See Synonyms at appropriate. adj. one of his handguns in 1992. ``No inference should be drawn from his anger and hostility for the police. There are many Dan Tuffrees who just don't fall into line.'' Clark was the first officer to respond to a call from a mental health worker Aug. 4 of last year to check on Tuffree after he repeatedly and unsuccessfully attempted to refill a Valium prescription 11 days early. Making the closing argument for the defense, Asher contended that Tuffree felt threatened when Clark and two other officers entered his property with their guns drawn. Asher said Tuffree held a gun as he stood at his kitchen window and met Clark, who stood on a patio outside, hoping to intimidate the officer so he would leave. Asher said there is no evidence to counter Tuffree's claim, made in a tape-recorded interview within hours of the shooting, that Clark fired first and Tuffree returned the officer's fire, never intending to kill him. Asher said Tuffree placed his handgun on a counter and then raised the weapon when Clark told Tuffree to raise his hands. ``How is that an ambush,'' he said. ``Dan Tuffree had no criminal intent when he put that gun on the counter. If the intent and the thought to shoot Officer Clark did not occur until Officer Clark backed up and began to shoot, then there is no first-degree murder.'' Tuffree stands indicted INDICTED, practice. When a man is accused by a bill of indictment preferred by a grand jury, he is said to be indicted. on a charge of murdering Clark, which could bring the death penalty if he's convicted. He also was indicted for attempting to murder Officer Michael Pierce. Asher urged the jury to consider a verdict of voluntary manslaughter The examples and perspective in this article or section may not represent a worldwide view of the subject. Please [ improve this article] or discuss the issue on the talk page. , contending that Tuffree felt ``reasonably threatened'' during the confrontation. ``Don't go in there and talk about honor and service to the community. Go in there and talk about the evidence.'' Prosecutors want the Ventura Superior Court jury to convict Tuffree of first-degree murder and the special circumstance that he intentionally killed Clark. Deputy District Attorney Pete Kossoris is scheduled to make a rebuttal rebuttal n. evidence introduced to counter, disprove or contradict the opposition's evidence or a presumption, or responsive legal argument. argument today and then the jury can begin deliberating. Kossoris opened the trial by describing Tuffree as an angry man who didn't like the police after officers confiscated and later returned the same .40-caliber semiautomatic handgun Tuffree used to shoot Clark. On Monday, Deputy District Attorney Patricia Murphy described Tuffree as the aggressor AGGRESSOR, crim. law. He who begins, a quarrel or dispute, either by threatening or striking another. No man may strike another because he has threatened, or in consequence of the use of any words. when the officers came to his home. Murphy said Tuffree cannot claim self-defense because he intended to kill Clark and was not acting out of fear of his own life. Taking issue with the defense claim that Clark fired first, Murphy reminded the jury that the officer who witnessed the shooting and a neighbor testified the first shot sounded muffled muf·fle 1 tr.v. muf·fled, muf·fling, muf·fles 1. To wrap up, as in a blanket or shawl, for warmth, protection, or secrecy. 2. a. and likely came from inside the home. Throughout the trial, the defense has portrayed Clark's death as the tragic end to a chaotic series of events sparked by Tuffree's efforts to refill the drug prescription. The defense contends there was no medical emergency and the shooting could have been avoided if the officers had gone when Tuffree told Clark he wanted to be left alone. Asher said prosecutors have attempted to make Tuffree ``more menacing, more belligerent,'' than the defense portrayal of a man relaxing at home on a hot afternoon when Clark and the other officers arrived. Asher also criticized prosecutors for describing the shooting as an ``ambush.'' ``In my opinion, that is like a cheap trick Cheap Trick is an American rock band from Rockford, Illinois, that gained popularity in the late 1970s. The band consists of Robin Zander (vocals, guitar), Rick Nielsen (guitar, vocals), Tom Petersson (bass guitar, vocals), and Bun E. Carlos (drums, percussion). . And in a capital case, that is unforgivable,'' he said. |
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