DA ADDS CHARGE IN JULY SHOOTING DEATH OF DEPUTY : SUSPECT TO GET PRELIMINARY HEARING.

Byline: Michael Coit Daily News Staff Writer

Ventura County prosecutors have added to charges against a Meiners Oaks man for the July shooting death of sheriff's Deputy Peter Aguirre, after deciding to take the case to a preliminary hearing rather than seek a grand jury indictment.

The decision to present evidence against Michael Johnson at a hearing where a Municipal Court judge decides if the case will go to trial in Superior Court is unusual. The District Attorney's Office has been successful in gaining grand jury indictments in murder cases, including ones involving the death penalty.

Deputy District Attorney Mike Frawley would not say whether the Johnson case was presented to the grand jury. Prosecutors are prohibited by law from commenting on grand jury proceedings because they are closed to the public.

Johnson's public defenders noted Monday in Ventura Municipal Court that a grand jury inquiry into the case had been suspended.

Deputy Public Defender Christina Briles said outside court she was aware of subpoenas for witnesses to testify over two days earlier this month. She was surprised the inquiry was suspended apparently without the grand jury deciding on an indictment.

``It's very unusual. I've never heard of one (suspended) before,'' Briles said.

Frawley said the preliminary hearing should last less than a day. He noted preliminary hearings can be shorter than grand jury inquiries because prosecutors often must bring more witnesses before the grand jury.

No date for the hearing was set Monday because Johnson's attorneys requested more time to review the new criminal complaint filed last week. Johnson faces arraignment Sept. 30.

Johnson, 49, pleaded not guilty in August to five charges and numerous special allegations in the killing of Aguirre and a gunfight with a second deputy on July 17 at the home Johnson shared with his wife. Prosecutors also charge that Johnson kidnapped and raped his wife on the same day and that he was a felon in possession of two firearms. He had five felonies on his conviction record.

The most significant change prosecutors made in the new criminal complaint was adding a special circumstance that Aguirre was killed while Johnson was committing a kidnapping. Prosecutors previously charged Johnson with intentionally killing the deputy while he was performing his duties. If convicted of either special circumstance, Johnson would be eligible for the death penalty or life in prison without parole.

``This is an additional ground for which the defendant can get life in prison,'' Frawley said. ``If our goal is at the very least to have him spend his life in prison, then we take advantage of everything the law gives us.''

Frawley said prosecutors had not decided whether to seek the death penalty against Johnson.

Johnson's attorneys plan to contest prosecutors on the death penalty. The attorneys released a statement Monday contending Johnson suffers from post-traumatic stress syndrome as a result of his service with the Army in Vietnam.

``From the date of his return from the war until the death of Deputy Aguirre, Michael Johnson has been plagued by the emotional problems he developed following the war,'' the statement read. ``The defense is investigating how and why Michael Johnson changed after the war. We believe and hope to convince the district attorney that the death penalty in this case is inappropriate.''

Briles has said Johnson was attempting to reconcile with his wife, Guillermina Alonzo, and was under stress before the shooting. The public defender said Johnson might not have intended to shoot the officer, and intent would be a central issue if prosecutors decide to seek the death penalty.

Frawley said he remains skeptical of the contention that war-related stress was a factor in the shooting, but prosecutors will consider Johnson's background.

``Everything that is true about his life would figure into our decision on the death penalty. So we will look into this,'' Frawley said.

Aguirre, 26, died about an hour after being shot three times while standing inside the doorway of the home. Aguirre, a two-year veteran completing field training, never pulled his gun from its holster, sheriff's officials have said.