Suspect Pleads Not Guilty in Officer’s Death

The 20-year-old alleged gang member charged with murdering a Los Angeles police officer pleaded not guilty Friday, and his attorney accused investigators of arresting the wrong man.

Shortly before Catarino Gonzalez Jr.’s plea, prosecutors filed a criminal complaint accusing him of the ambush-style slaying of Officer Filbert H. Cuesta Jr. If convicted of murdering a police officer--a “special circumstance” under California law--Gonzalez could be sentenced to death.

In addition to the capital murder charge, Gonzalez faces one count of attempted murder for allegedly shooting at Cuesta’s partner during Sunday’s predawn attack on the two unsuspecting officers.

Dressed in a white T-shirt and blue, jail-issued pants, Gonzalez uttered few audible words as his not guilty plea was entered and a judge ordered that he be held without bail.

During the brief hearing, the 5-foot, 7-inch defendant, whose hands were shackled to his waist, looked out several times to the court audience where his family and friends were sitting. He was ordered back to court Sept. 10 for the scheduling of a preliminary hearing.

Outside the courtroom, Gonzalez’s attorney said his client is a young man who “feels like the world is against him.”

“This case is a tragedy,” attorney Michael H. Artan said, referring to Cuesta’s death. “And, as far as we’re concerned, the tragedy is compounded by the prosecution of an innocent person.”

Prosecutors filed the death penalty case against Gonzalez on the same day Cuesta was buried, bringing some sense of consolation to thousands of grief-stricken officers.

“As difficult as it may be, perhaps the healing can begin now,” said Cmdr. Dave Kalish, the LAPD’s spokesman. “This has been extremely painful.”

Prosecutors allege that Gonzalez shot Cuesta in the back of the head as the 26-year-old patrolman sat in his squad car. Cuesta, the father of two young daughters, was mortally wounded as he and his partner waited for other officers to help them break up a loud party in southwest Los Angeles.

Gonzalez also faces sentence-enhancing allegations of using a firearm in the slaying.

He surrendered to police Tuesday after learning that they were seeking him for questioning. Police said community members provided information that pointed to Gonzalez as the gunman.

According to police, Gonzalez is a member of the Smiley-Hauser faction of the 18th Street gang. On the streets, they allege, he is known by his two gang nicknames: Cat and Termite.

Despite the court filing, police said the investigation is continuing. Investigators have declined to release Gonzalez’s booking photo because they still want to show his pictures to some witnesses, a police spokesman said.

Deputy Dist. Atty. Barbara Turner, who prosecutes crimes against peace officers, declined to discuss the case or the evidence against the defendant.

But according to one police source, Gonzalez’s statements amounted to a “partial confession,” meaning that his comments convinced detectives that he was the killer but that he did not provide a full range of details implicating himself in the slaying.

Gonzalez was questioned extensively by detectives and submitted to a lie detector test. His statements, which were taped and made without an attorney present, are certain to become a focal point of the case.

On Friday, Artan set the stage for a possible court challenge to the use of material from those interviews, saying his client had asked to have an attorney present during questioning, but did not get one. Police deny that contention.

Police officials declined to characterize what other evidence they have tying Gonzalez to Cuesta’s killing.

According to police sources, Gonzalez did not have gunpowder residue on his hands when he turned himself in. And the LAPD has not recovered the murder weapon, a 9-millimeter pistol, believed to have been used to shoot Cuesta.

Law enforcement records show that Gonzalez has an extensive rap sheet, but no convictions for violent crime. He had been arrested about half a dozen times, beginning when he was a juvenile and continuing into adulthood, mostly for drug-related offenses.

His latest previous arrest was earlier this year when he was accused of buying and possessing crack cocaine for sale. That offense earned Gonzalez his first trip to jail--120 days behind bars, followed by 36 months’ probation.

Other arrests also involved possession of controlled substances.