D.A. to Charge 5 in 1988 Killing of City Policeman

On the same day that San Diego Officer Ronald Davis was killed, the district attorney’s office said it will charge five men in the 1988 shooting death of Officer Jerry Hartless, who until Tuesday was the last San Diego officer killed in the line of duty.

The five co-defendants are from San Diego and are all in jail or state prison on other offenses. One was arraigned Tuesday, and the others will be arraigned after they are returned to San Diego.

Another man, Stacy Butler, 28, a gang member from Southeast San Diego, went on trial for Hartless’ slaying, but a San Diego Superior Court jury deadlocked, 6 to 6, and a mistrial was declared June 19 after a 10-week trial. His second trial is scheduled for next month.

Clifton Larue Cunningham, 29, pleaded not guilty Tuesday, and Municipal Court Judge Joan Weber ordered him to remain in County Jail in lieu of $1-million bail at the recommendation of Deputy Dist. Atty. Keith Burt.

The others expected to be charged are Kevin Andre Standard, 27, who is serving a federal prison sentence in Lompoc for narcotics violations; Kyle Patrick Winters, 27, who was arrested Monday night in San Francisco; Edrick Charles Jordan, 27, who is at the Donovan state prison in San Diego; and Darryl Adam Bradshaw, 29, who is in a federal prison in Phoenix.

Hartless, 24, was shot in the forehead Jan. 9, 1988, while chasing gang members. He and his partner drove by some gang members in Southeast San Diego and, when the gang members ran off in different directions, Hartless chased one of them. He was gunned down about two blocks away.

Hartless never regained consciousness and died three weeks later.

Though special-circumstances allegations have been filed against Butler that could result in his receiving the death penalty if he is convicted, the other five co-defendants are charged only with murder.

Burt said testimony at Butler’s trial helped authorities build a case against the other co-defendants. He said the six were together for gang-related activities in Southeast San Diego the night of the shooting. Hartless was killed as a result of those activities, the district attorney contends.

The prosecutor told Judge Weber that Cunningham, one of the accused, has a robbery conviction involving a victim that was also shot.

A 19-year-old gang member testified in March at Butler’s trial that he believed that it was Cunningham, not Butler, who shot Hartless.

Butler’s attorneys argued for acquittal, saying it was another gang member who shot Hartless.

William Nimmo, Butler’s attorney, said Tuesday that the new developments in the case won’t help or hurt Butler’s case, which is set for retrial Oct. 25.

Nimmo said some jurors in the case later questioned why Butler was the only person charged.

“It’s (adding the new defendants) not going to change the facts that Stacy Butler did not kill Jerry Hartless,” said Nimmo.

The preliminary hearing for Cunningham was scheduled for Nov. 15 and a bail review for Sept. 26.

Cunningham was arrested Friday in San Diego. Winters was arrested Monday night in the players’ parking lot at Candlestick Park in San Francisco.