MURDER CHARGES UPHELD IN DEPUTY'S DEATH : MEINERS OAKS MAN TO STAND TRIAL IN FATAL SHOOTING.

Byline: Michael Coit Daily News Staff Writer

A Meiners Oaks man was ordered Tuesday to face trial on murder charges that could bring the death penalty in the slaying of sheriff's Deputy Peter Aguirre, after a judge denied defense efforts to reduce the charges.

Ventura Municipal Court Judge Edward Brodie ruled that there was reasonable cause to believe that Michael Johnson killed Aguirre as the deputy responded to a domestic disturbance at the home of Johnson's wife on July 17.

Johnson, 49, faces arraignment in Ventura Superior Court Dec. 10 on charges that he murdered Aguirre and fired on another deputy during a gunfight at the Encinal Avenue home, in Meiners Oaks, and that he kidnapped and raped his wife the same day.

Johnson would be eligible for the death penalty or life in prison without parole if convicted of killing Aguirre while committing a kidnapping or intentionally killing the deputy while he was performing his duties. Prosecutors have not decided whether to seek the death penalty, said Deputy District Attorney Mike Frawley.

``It's just really gratifying to move this along. We're very pleased, especially for the (Aguirre) family,'' said Frawley, who noted that the slain deputy's family wants prosecutors to seek the death penalty.

Much of the seven-day preliminary hearing featured defense contentions that there was no kidnapping and Aguirre illegally entered the home.

Deputy Public Defender Todd Howeth argued that Aguirre and three other deputies had no authority to enter a sideyard or for Aguirre to go into the home because they were responding to a routine dometic violence call.

``I think the issue here is, ultimately when Deputy Peter Aguirre went to the door, was he treating this as an emergency or not?'' Howeth said. ``I think we have amply demonstrated that when the officers arrived, they did not treat this as an emergency situation.''

Howeth said Alonso did not give Aguirre consent to enter the home and that the deputy's decision to leave his gun in its holster was proof he did not consider the situation an emergency.

``Why would he go in and not draw his gun. Why would he leave his partner?'' Howeth said.

Deputy District Attorney Maeve Fox countered that Alonso showed the court how she motioned with her thumb into the home when Aguirre asked where Johnson was, just seconds before the shooting. Alonso also testified she warned Aguirre that Johnson was armed with two guns.

``She clearly gives him an open invitation to what, to go get him,'' Fox said. ``The information she gave him made it very reasonable that he believed an emergency was going on.''

Prosecutors did not spend much time arguing that Johnson intentionally killed Aguirre while the deputy was performing his duties.

``He attempted to handle that situation in the manner he felt best,'' Fox said. ``He was obviously killed while taking that action.''