Alleged robbers plead not guilty to murder of San Francisco cop

By Brigid Gaffikin, Bay City News Service

July 28, 2006

SAN FRANCISCO (BCN) - Three men accused of killing a San Francisco police officer by crashing a stolen van into a patrol car after a robbery are suspected of being involved in two other earlier robberies, San Francisco police reported today.

According to police, Steven Petrilli, 19, Nicholas Smith, 22, and Carl Lather, 20, took part in a robbery near Silver Avenue and Mission Street at 9:30 p.m. Tuesday and then another a few hours later, shortly after midnight, at a bus stop at Mission Street and Excelsior Avenue.

Today Petrilli and Smith pleaded not guilty to murder in San Francisco Superior Court in connection with the death of 39-year-old San Francisco police Officer Nick-Tomasito Birco after the 1 a.m. crash.

Judge Carol Yaggy set bail for each man at $10 million.

Petrilli, Smith and Lather were each charged Thursday with one count of murder, two counts of robbery, one count of attempted robbery, one count of evading a police officer causing death and one count of vehicular manslaughter, the district attorney's office reported.

The arraignment for Lather was put off until Monday because he did not have an attorney present.

Birco, a five-year police veteran based at the Bayview station, died after police chased an allegedly stolen van along Interstate Highway 280 and through city streets.

The chase began with the report of a robbery in the 500 block of Bayshore Boulevard, according to authorities, and ended with the suspects crashing the van into Birco's patrol car at Cambridge and Fulton streets around 1 a.m. Wednesday.

Petrilli also has been charged with auto theft. Additionally, each of the charges he faces includes a sentencing enhancement because he was out on bail at the time of the incident.

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