Prosecutors ask for psychiatric exam of accused cop killer

By: TERI FIGUEROA - Staff Writer | Friday, December 3, 2004 10:45 PM PST ∞

VISTA ---- Prosecutors want Superior Court Judge Joan Weber to let their hand-picked psychiatrists interview the Oceanside man accused of gunning down a police officer last year, anticipating that the man's mental status at the time of the shooting may be raised by the defense at trial.

Defense attorneys for Adrian George Camacho told the judge Friday that they plan to fight the request at this point, saying it's a premature move by the prosecution.

Camacho's attorneys said outside of court that they have not yet decided whether Camacho's mental status is a defense they plan to argue.

Camacho, 29, faces the death penalty if convicted of shooting rookie Oceanside police Officer Tony Zeppetella after Zeppetella pulled Camacho over for a routine traffic stop June 13, 2003.

Camacho's jury trial is set for April 1.

In motions filed with the court last week, Deputy District Attorney David Rubin stated "there are many indications that the defense will attempt a mental status defense."

Rubin's motion alluded to media interviews last year with Alex Loebig, one of Camacho's original attorneys who is no longer representing him. In the interviews, Loebig suggested that drugs may have played a key role in the slaying.

Anticipating such a defense, Rubin wants Weber to let a doctor tapped by the prosecution to evaluate Camacho.

Public Defender Bill Stone told the judge he and fellow defense attorney Kathleen Cannon will not say at this point whether they will raise Camacho's mental status as an issue at trial.

Defense attorneys will file their written response to the prosecution's request by the end of December. Both sides will argue the issue before Weber on Jan. 7.

Camacho faces four felony charges, including murdering Zeppetella, possession of heroin with intent to sell, being a felon with a firearm, and stealing a car. After Zeppetella was shot, the attacker drove off in his patrol car.

In pretrial hearings, witnesses testified that Camacho shot Zeppetella, 27, as the officer started back to his squad car from Camacho's vehicle, and then followed the wounded officer as he crawled on the ground.

At some point, Zeppetella returned fire, shooting Camacho in the leg. Prosecutors said Camacho shot at Zeppetella again and beat him on the back of the head with his handgun, finally snatching the officer's gun and shooting him at least three more times.

Police arrested Camacho, a five-time convicted felon and twice-deported illegal immigrant from Mexico, following a standoff at his in-laws' home about four hours after the shooting.

In court documents, Rubin argued that the question of whether Camacho killed Zeppetella is not at issue, and cited DNA tests that show the officer's blood was on Camacho's clothing. He also stated that Camacho's blood was found in Zeppetella's police car, which was found abandoned near the home of Camacho's in-laws.

When Camacho was arraigned five days after Zepettella's slaying, Loebig said Camacho was withdrawing from methamphetamine.

Camacho has previous convictions for using and possessing both heroin and methamphetamine.

Contact staff writer Teri Figueroa at (760) 740-3517 or tfigueroa@nctimes.com.

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