OCEANSIDE: Separate trials for teens accused of killing officer

Jury selection set to start September, January

By TERI FIGUEROA - Staff Writer | Wednesday, August 13, 2008 6:12 PM PDT ∞

VISTA ---- The two teenage gang members accused of fatally shooting Oceanside police Officer Dan Bessant in 2006 will be tried separately, a judge decided Wednesday.

Superior Court Judge Runston Maino granted the request from defense attorneys that different juries hear the cases against the two teens.

Prosecutors did not fight that request.

The first to be tried will be 18-year-old Penifoti "P.J." Taeotui, with jury selection starting Sept. 16.

The trial for Meki Gaono, 19, will follow, with jury selection beginning Jan. 12.

Maino considered but rejected the suggestion that the teens get one trial with two separate juries hearing the case.

Both teenagers are said to have fired guns at Bessant, but Gaono is accused of firing the fatal bullet.

The decision to try Taeotui first is a tactical one, Deputy District Attorney Tom Manning said, because there are additional witnesses slated to testify against him.

Taeotui's attorney, Wil Rumble, said he was pleased with the decision to try the two separately, but has doubts about his client going first.

"I think the person they are alleging killed the officer should be tried first," said Rumble, who contends that Taeotui was not present at the time of the shooting.

Bessant was killed in the early evening hours of Dec. 20, 2006, by a rifle bullet fired from a half-block away.

The surprise shot came while Bessant was helping a fellow officer conduct a traffic stop at Arthur Avenue and Gold Drive, an area with a history of gang attacks.

Prosecutors say Gaono and Taeotui and a third teenager had been drinking and playing with guns when they spotted the police activity down the street and decided to take aim.

Gaono was peering through a rifle scope when he allegedly shot at Bessant, who was 386 feet away, while Taeotui and the third teen simultaneously fired handguns, prosecutors contend.

The pair of documented gang members have pleaded not guilty to murder charges in Bessant's slaying, as well as two charges of assault with a deadly weapon for allegedly shooting at a second officer and a woman who was with police when the bullets began to fly.

The defendants also deny allegations that they knowingly killed a police officer, used guns and committed the slaying to enhance their street gang's credibility.

Gaono was 17 at the time of the shooting. Taeotui was 16. Charged as adults, the pair remain jailed on $5 million bail. Each faces the possibility of life in prison without parole if convicted.

Charges against the third teenager were dropped earlier this year when Maino found there was insufficient evidence to try him.

On Wednesday, Manning said he still believes the teenager was involved, and that the investigation is continuing.

Gaono and Taeotui are due back in court Monday for pretrial hearings.

Contact staff writer Teri Figueroa at (760) 740-5442 or tfigueroa@nctimes.com.

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Greg in Oceanside wrote on Aug 13, 2008 9:06 PM:What on earth is taking so long to prosecute these punks and give them the maximum sentence? Sheesh, I'm getting impatient waiting to see justice!

I want Meki Gaono and Penifoti "P.J." Taeotui to be sentenced and out of our memories.

As for the third punk, I'm wondering whether he's still involved with gangs and getting into trouble? I wish they could have put him away for something that would keep him out of our community.

concerned wrote on Aug 13, 2008 9:08 PM:Both of these DVB gang members should be tried together, but im sure DDA Manning will do a great job, hes by far the best DDA in the County....

b wrote on Aug 14, 2008 3:44 AM:Greg, I feel your pain, but look at this from another point of view; these punks are being held in jail until the trial begins. Knowing that, I say delay the trial as long as possible. Each passing day keeps them off the streets and affords prosecutors opportunity to find more evidence to ensure convictions. Rest assured, they will be convicted without possibility of parole. ...Regarding the third punk: don't worry, his time will come.

b wrote on Aug 14, 2008 3:51 AM:One more thought:

Even when a conviction is reached, we cannot afford ourselves the luxury of letting these punks "out of our memories." That would be a disservice to Officer Bessant. As unfortunate as it may seem, we must retain this memory as a memorial to a fine officer slain while serving his community. NEVER FORGET Dan Bessant and the work he did, not to mention the family he was forced to leave behind him.

RIP Officer Bessant.

Antoine wrote on Aug 14, 2008 4:47 AM:These homies have suffered enough already. Let them go! Set them free!

Dear Antoine wrote on Aug 14, 2008 7:45 AM:I hope these 'homies' are found guilty and spent the rest of their lives in a nice homey 8x10 cell with their new friend Bubba. They deserve nothing but the harshest sentence the law if they are found guilty. I have no sympathy for those who have no respect for others.

theres no way wrote on Aug 14, 2008 8:52 AM:I could serve on this jury!

M wrote on Aug 14, 2008 12:52 PM:HEY,ALL OF YOU! Why don't you get a life and do our community some good, instead of judging people. If you are all that GOOD, why don't you influence the young man and women to be like you.

garrett wrote on Aug 14, 2008 1:23 PM:i hope bubba and D-Bo have a good time with these 2 =) Can they face the death penelty? OOOOO I hope SO!

Justice wrote on Aug 14, 2008 2:03 PM:... They haven't suffered NEAR as much as the Bessant family has and will for the rest of their lives.

not amused wrote on Aug 14, 2008 4:00 PM:If and when convicted, I hope that these thugs get to spend the rest of their wasted lives in a small cell with nothing to do but regret their cowardly act that placed them there.

Joe wrote on Aug 14, 2008 4:04 PM:If they are found guilty they should be put away for life. P.J. may be innocent, and if he is, he should forced to join the Marines so he will learn to be a man and stop hagnig with those losers.

To Dear Antoine wrote on Aug 14, 2008 4:07 PM:I hope these 'homies' are found guilty and spent the rest of their lives in a nice homey 8x10 cell with their new friend Bubba.

Not sure if this is actually going to happen given the crime...see...if you kill a cop who may have put big Bubba or his 'homies' away it isn't likely that he will be making your life to hard while your inside. I want to agree with most of you...these guys need to be prosecuted...but growing up in deep valley are you really surprised? I know I know...go ahead and hit me with the "there are lots of law abiding, non gang affiliated kids who live there too" if you want but still...when you grow up in a ghetto and your folks are part of the problem what do we expect???

WTF wrote on Aug 14, 2008 5:34 PM:to all those that have rude comments please get a life. they are behind bars and should come home. they were kids and i didn't know any better, by putting them in jail for life what are we doing but making more gangs. they should have a program to help troubled teens get through this gang problem. the justice system isn't justice, cause when a civilan dies their case is just a case but when a cop dies you have every unit going house to house, what are civilans chop liver

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