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DA to seek death for accused cop-killer

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VISTA -- District Attorney Bonnie Dumanis said Friday that she will seek the death penalty for the man accused of gunning down an Oceanside police officer during a traffic stop in June.

Dumanis said that she decided to pursue the ultimate punishment for Adrian George Camacho, 28, after a lengthy process that included advice from more than 15 experienced prosecutors, Camacho's defense attorneys, and the family of the slain officer.

"I believe after the review of the case, we have to send a strong message to this community that it's not open season on police officers," Dumanis said in a telephone interview. "If you kill an officer in cold blood, you'll be prosecuted to the full extent of the law. In this state, that's the death penalty."

Defense lawyers said the case could be drawn into a dispute in which Mexico has charged that U.S. executions of Mexican nationals have violated international law.

The announcement of Dumanis' decision was met with disappointment from Camacho's attorneys and satisfaction from Oceanside's police chief.

"He (Camacho) is realistic, remorseful and resigned to facing the charges here and hopefully not being sentenced to death, more for the sake of his family than himself," said Deputy Public Defender Alex Loebig, one of Camacho's attorneys.

Oceanside police Chief Mike Poehlman said that he has always believed Dumanis would seek the death penalty.

"I am really satisfied to see they have made this announcement," Poehlman said. "We believe if there was ever an individual under the law who should get the death penalty, Camacho is that individual."

A five-time convicted felon and twice-deported illegal immigrant from Mexico, Camacho is charged with murdering Officer Tony Zeppetella on June 13.

Zeppetella, 27, married and the father of an infant son, was shot to death in front of the Navy Federal Credit Union on Avenida de la Plata. Witnesses have testified that Camacho shot Zeppetella as the officer started back to his squad car, then followed the wounded officer as he crawled on the ground.

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

Police arrested Camacho hours after the shooting at his in-laws' home, where he had slashed his wrists and written in his blood on a wall that he loved his family and was sorry, a detective testified at a preliminary hearing. Camacho is married and has two young children, ages 4 and 5, one of his attorneys said.

Camacho's attorneys do not dispute that he fired the gunshots that took Zeppetella's life, but said Friday that they will argue the killing was not first-degree murder and is not deserving of the death penalty.

Deputy Public Defender Vic Eriksen said Camacho's trial likely will focus on the question of whether Camacho, who was under the influence of several drugs at the time of the shooting, was able to premeditate and deliberate, which are required for a first-degree murder conviction.

If Camacho is convicted of second-degree murder, he would face life in prison without parole because Zeppetella was a police officer, but he could not be sentenced to death, Eriksen said.

Eriksen said that in a meeting with Dumanis regarding what penalty she would seek, Camacho's attorneys argued several points in opposition to a possible death sentence, including emphasizing that Camacho was "very much under the influence" of drugs at the time of the shooting.

Camacho's attorneys said they argued to prosecutors that the death penalty should not be sought because the lengthy appeals process will prevent Zeppetella's family from having closure. In addition, they said Camacho's wife and two young children would be under "added pressure" if the man goes to death row. They argued that the death penalty was not sought in more than a dozen cases from other states where police officers were killed.

An international legal dispute between Mexico and the United States may complicate matters in Camacho's case.

Records indicate Camacho grew up in the Oceanside area and attended local high schools, but he was in the country illegally.

Mexico filed a case against the United States in January in the International Court of Justice in The Netherlands, alleging that 54 Mexican nationals in nine states, including California, were arrested, tried, convicted and sentenced to death without being advised of their right to contact a Mexican consulate, a violation of the Vienna Convention of 1963.

The Mexican consulate in San Diego posted on its Web site on Oct. 15 a statement about the international case, saying that executions of Mexican nationals in the United States "have stopped" because of the international lawsuit Mexico filed. Officials at the U.S. Department of Justice in Washington, D.C., could not be reached for comment Friday.

Eriksen said he and Loebig plan to file a motion in Camacho's case alleging that the suspect also was deprived of the right to contact the Mexican consulate. Eriksen said Camacho responded "no" when police asked if he wanted them to contact the consulate, but he was under the influence of drugs and should have been provided information in writing.

Alberto Lozano, a spokesman for the Mexican consulate in San Diego, said Camacho was aware of his right to contact the consulate and declined to do so. Nevertheless, the consulate will remain in contact with Camacho's attorneys, follow the case and try to help him, Lozano said.

The Mexican government opposes the death penalty, Lozano said.

Dumanis said Friday that she weighed and considered information from the Mexican consulate before deciding to seek a death sentence for Camacho.

Superior Court Judge Joan Weber postponed Camacho's trial date from May 17 to Aug. 5, when prospective jurors will report to court to begin the jury selection process.

Contact staff writer Scott Marshall at (760) 631-6623 or smarshall@nctimes.com.

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