Some Charges Dismissed in Officer’s Slaying

LOS ANGELES —  Charges that carry the death penalty were dismissed Monday against three men accused of slaying Fullerton narcotics officer Tommy De La Rosa during a “reverse sting” operation last year.

At the request of defense attorneys, Superior Court Judge Curtis Rappe threw out special circumstance allegations against Paul Meza, 49, Omar Yuriar Noriega, 23, and Jerome Leon Sanchez, 29.

The three are among eight men indicted by a Los Angeles grand jury in the death of De La Rosa, 43, who was ambushed on June 21, 1990, as he tried to sell $4 million worth of cocaine during an under-cover operation. Meza, Noriega and Sanchez faced additional charges that carried the death penalty.

But Rappe ruled Monday that the grand jury was improperly instructed about special circumstance charges. At issue are two anti-crime initiatives, both approved by California voters in June, 1990.

The judge ruled that the grand jury was instructed according to Proposition 115, a sweeping anti-crime initiative, and not Proposition 114.

Rappe based his decision on an appellate court ruling earlier this month that said Proposition 114--which was placed on the ballot by the Legislature to toughen sentences for some crimes--takes precedence over Proposition 115, the so-called Crime Victims Justice Reform Initiative, which also contained sentencing enhancements.

In its ruling, the 4th District Court of Appeal decided that Proposition 114 superseded Proposition 115 in instances of conflict because it garnered more votes.

Rappe granted Deputy Dist. Atty. E. William Gravlin’s motion to reconsider his ruling and gave the prosecutor until Sept. 12 to file additional arguments.

In addition, defense attorneys are also challenging the grand jury selection process, saying jurors should be representative of the community at large, said Andrew Stein, who is representing Frederico Edward Marriott.

“Since everything is secretive about the grand jury, we really don’t know how they were selected and we have a right to know,” Stein said.

Stein called the case tragic but alleged that De La Rosa, who was buried with full police honors, had “violated every cardinal rule on what to do and not to do” during a sting operation.

“I don’t believe it was a murder. It’s a drug deal that went bad. No one knew he was a police officer. Everybody thought it was just a bunch of guys,” Stein said.

The ruling does not affect the five other defendants in the case--Jesus Rodriguez Pena, 22; Ydalvys Escobar, 38; Luis Plantillas Benetez, 37; Miguel Leon Escobar, 34, and Marriott. All eight are Mexican nationals and gave addresses in Bell, El Monte, Placentia and Downey.