DeShawn Campbell, convicted killer of San Jose police officer Jeffrey Fontana, is not eligible for the death penalty because he was found to be mentally retarded.
Deshawn Campbell, 29, was convicted of gunning down officer Fontana on Oct. 28, 2001 during a routine traffic stop in the city's Almaden Valley neighborhood. Campbell spent nearly two weeks in hiding before police arrested him Nov. 7 in a friend's backyard.
He testified in May that his friend Rodney McNary was the one who fired on Fontana, using a gun Campbell had with him for protection after being involved in a fight at a party earlier that night. The prosecution alleged that Campbell saw Fontana approach his car, panicked and shot him to avoid being detained for the two active warrants out for his arrest at the time of Fontana's death.
Campbell was not eligible for the death penalty because he was ruled mildly mentally retarded. He is currently serving 19 years in prison on two prior felonies.