Convicted cop killer DeShawn Campbell will never get out of prison for the “brutal crime” of shooting San Jose police rookie Jeffrey Fontana, a Santa Clara County judge ruled Friday as she ordered him to serve the equivalent of a lifetime and a half behind bars.
But the severity of the sentence failed to fully satisfy San Jose police and the Fontana family. While they were grateful that Judge Diane Northway imposed the maximum sentence possible under the law, they remained resentful that her 2008 decision deeming Campbell mildly retarded made him ineligible for penalty they believe Campbell truly deserved: death.
“This is not a justice system, it’s a criminal system,” said Jeffrey Fontana’s mother, Sandy Fontana, during the emotional 90-minute hearing.
Campbell, now 30, will spend the rest of his life in prison without the possibility of parole — and to ensure he’ll never be released, the judge Friday added 47 years and four months for what she called the senseless slaughter of an “outstanding young man” and other crimes. Under the complex sentencing formula, Campbell received no credit for the nearly eight years he’s spent in jail since he was arrested shortly after the Oct. 28, 2001, killing.
Fontana, a 24-year-old rookie officer, had only been on the job for 10 days when he was shot about 4:30 a.m. in a quiet suburban cul-de-sac during a routine traffic stop. Prosecutors say Campbell didn’t want to be picked up on a couple of arrest warrants, including felony assault on an officer he had injured while trying to steal a big-screen TV.
“This was a heinous, brutal, senseless crime,” Northway said. Acknowledging the sentence fell short of the death penalty and came nearly eight years after the crime, the judge added, “The court system is never quite up to the challenge of relieving the suffering of the family.”
Years of wrangling
Campbell, whose longer hair and mustache belied the preppy image he portrayed during the 39-day trial, didn’t flinch as the judge ruled. But his mother, Susan Campbell, sobbed and rocked back and forth in grief.
The sentencing hearing was the last hurdle after years of intense legal wrangling — first over a conflict of interest on the public defender’s part and then over Campbell’s mental capacity. Sandy Fontana presented a photo montage of her 24-year-old son’s life to the packed courtroom called “A Stolen Life,” along with a song written by a close friend. The chorus included the words, “good man gone, bad man gets to live.”
The officer’s mother said her family was devastated not only by the killing, but also by the court delays. “No family should have to go through this,” she said, calling Campbell a “petty criminal and wannabe gang member.”
But after the sentencing, she said, “We are totally grateful. I don’t want there to be a chance of this person ever seeing the light of day.
“This was a hate crime,” she added. “He hated the police uniform.”
About 15 of Campbell’s friends and relatives sat in the two front rows of the left side of the courtroom, opposite the Fontana family. One of Campbell’s brothers, Edwin, insisted his brother was not guilty and called the sentence “unfair.” The judge constructed the sentence so that Campbell will have to serve 19 years in prison for two prior felony offenses — a fraudulent-credit-card incident at a Good Guys store in which several police officers trying to catch him were injured, and stealing goat meat from an East San Jose taqueria owner — on top of serving life without parole and 28 years and four months for Fontana’s killing.
In a brief but impassioned victim-impact statement, San Jose Police Chief Rob Davis told the court that the maximum sentence would send a message about the irreplaceable value of a police officer’s life. Jeffrey Fontana graduated fourth in his class and would likely have already made sergeant had he lived, Davis said. The officer’s family includes the 1,800 members of the police force, some of whom experience “twinges” of survivors’ guilt, Davis said.
Appeals planned
“That day Jeffrey Fontana was killed is as vivid to us as 9/11 is to all Americans,” Davis said. “We remember who told us, how we felt, who we called, how we tried to wrap our arms around the Fontana family. It’s not anything to do with retribution or vengeance. The sentence should equal the devotion he showed.”
Edward Sousa, Campbell’s attorney, said he plans to appeal the verdict. Campbell blames the shooting on a violent gang member with whom he often associated.
“Mr. Campbell continues to maintain his innocence and he will vigorously pursue appellate remedies,” Sousa said.
But Jeffrey Fontana’s brother Greg called Campbell a “coward” for blaming his former friend in the face of overwhelming physical evidence as presented during the long trial by prosecutor Lane Liroff. And the officer’s other brother, Jason, urged Campbell to “man up” and take responsibility.
“Two families,” Jason Fontana said, “were ruined by this heinous act.”
Contact Tracey Kaplan at 408-278-3482.
