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TUFFREE FOUND GUILTY OF ATTEMPTED MURDER : JURY TO DELIBERATE FURTHER ON FATAL SHOOTING OF SIMI POLICE OFFICER.


Byline: Michael Coit Daily News Staff Writer

A jury found Daniel Tuffree guilty Wednesday of attempted murder In the criminal law, attempted murder is committed when the defendant does an act that is more than merely preparatory to the commission of the crime of murder and, at the time of these acts, the person has a specific intention to kill.  and assault with a firearm firearm, device consisting essentially of a straight tube to propel shot, shell, or bullets by the explosion of gunpowder. Although the Chinese discovered gunpowder as early as the 9th cent., they did not develop firearms until the mid-14th cent.  on a police officer but has yet to decide whether Tuffree murdered Officer Michael Clark Michael (or Mike) Clark can refer to the following people:
  • Michael Clark (astronomer), New Zealand astronomer
  • Michael Clark (dancer), British post-punk ballet dancer
  • Michael Stephen Clark, American newspaper columnist
 during the same gunbattle last year in 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. .

On their sixth day of deliberations, the panel of six men and six women sent a note to Ventura Superior Court Judge Allan Steele stating they were ``hung up'' on the first-degree murder charge Tuffree faces. Steele sent the panel back to deliberate further, and the jury returned less than an hour later with the two guilty verdicts and two questions about the murder charge.

Steele told the jury to return this morning, when he is expected to answer their questions and send them back to deliberate on the murder charge.

The questions were not read in court. Both prosecutors and Tuffree's public defenders said they would not discuss the jury's actions while the panel continues its work.

James Farley

For other people named James Farley, see James Farley (disambiguation).


James (Jim) Aloysius Farley (May 30, 1888–June 9, 1976) was an American politician who served as head of the Democratic National Committee and Postmaster General.
, a veteran Ventura defense attorney who has handled a number of capital murder cases, said that Steele wants the jury to reach a decision and avoid having a second trial on the murder charge.

``He's hoping that he can break the deadlock one way or another,'' Farley said. ``It costs a lot to retry re·try  
tr.v. re·tried , re·try·ing, re·tries
To try again.

Verb 1. retry - hear or try a court case anew
rehear
 a case, plus you have to put all those people through this again. The death penalty is such a hard case because there's so much at stake.''

Deputy District Attorney Pete Kossoris, one of the two prosecutors, said it's not unusual for a jury to reach a verdict on some counts and not others. If the jury cannot reach a verdict on the murder charge, Kossoris said it would be unusual not to seek a new trial on a murder charge.

Early Wednesday afternoon, family members and friends on both sides showed little visible reaction to the prospect of a deadlocked jury on the murder charge after Steele sent the panel back to deliberate further. They spoke with attorneys but would not comment outside the courtroom. Most then left the Hall of Justice.

The only family members present later when the court clerk A court clerk, in British English clerk to the court or in American English clerk of the court is an officer of the court whose responsibilities include maintaining the records of a court. Another duty is to swear in witnesses, jurors, and grand jurors.  read the two guilty verdicts were Tuffree's former wife and one of the couple's sons. Susan Tuffree and her son would not comment outside the courtroom.

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 when the officer went to Tuffree's home in response to a mental health worker's call to check his welfare on Aug. 4 of last year.

Prosecutors charge that Tuffree ambushed Clark at a kitchen window and should face the death penalty for intentionally killing Clark as the officer performed his duties.

The former teacher also was indicted on charges of attempted murder and assault with a firearm on Officer Michael Pierce, who was not wounded.

Throughout the trial, prosecutors described Tuffree as an angry man who didn't like the Simi Valley police after 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.
 and later returned the same .40-caliber semiautomatic handgun he used to shoot Clark. Prosecutors said Tuffree shot Clark twice and then fired on two other officers with a second gun as Clark lay dying.

Tuffree's public defenders contend their client returned Clark's fire and never intended to kill the officer, and therefore should not face the death penalty. They 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.
 because Tuffree felt threatened during the confrontation.

There are two phases for a trial involving the death penalty. In the first phase, a jury determines guilt or innocence. If the jury finds a defendant guilty, the second phase is to consider recommending a sentence of life in prison or death.

CAPTION(S):

Photo

Photo: (Color) Daniel Tuffree

Has claimed self-defense
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No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1996, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Daily News (Los Angeles, CA)
Date:Oct 10, 1996
Words:622
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