Dec 12, 2014

"I am asking you to find William Nelson guilty of willful, deliberate ,premeditated murder"

"I am going to ask you to come back with a single vote. I am asking you to find William Nelson guilty of willful, deliberate, premeditated murder."  This is how ADA Kelly Neel opened her closing yesterday.

With exhibits of pictures, detailed timeline and testimony, Ms. Neel in two days, with a very powerful presentation explained why William Nelson should be found guilty of the charges against him.

Ms. Neel told the jury that Nelson was aware that Bang Cao was a Deputy Sheriff. She went on to explain why the People have proved their case beyond a reasonable doubt.

She said Sgt. Ken Swithenbank " in 25 years never had to draw a weapon or fire at someone." She reminded the jury that what she said was corroborated by both Sgt. Swithenbank and Lt. Dave Morey.

Sgt. Swithenbank was going to Eureka from Garberville that evening but postponed his shift to accompany Deputy Bang Cao to serve civil papers on Nelson. Sgt Swithenbank knew Nelson "for two decades, he knew where he lived, what car he drove. He also knew William Nelson was armed and had made threats against law enforcement." Six months ago before this incident, Nelson had threatened law enforcement who went to his property.

His threats were so serious that HCSO had sent an email to all officers. Ms. Neel said before Deputy Cao and Sgt. Swithenbank went to Nelson's property, they had "cleared their channels" so communication would be clear and no other traffic would interfere. They had discussed how it would've best to approach the situation. Sgt. Swithenbank thought he had rapport with Nelson and could control the situation, if needed.

Before they approached his door, they were cautious, cleared the area and knocked on the door and identified themselves, checking to see if Nelson was home.

Nelson: "What do you want? "
Deputies answer they want to talk to him.
Nelson: "What do you want to talk about?"

Nelson locks eyes through the door with Deputy Cao. Then he backs away from the door, retreats into the house. The officers hear a door click and " oneto three" minutes pass. Ms. Neel was silent for 3 minutes. This was effective.

Sgt. Swithenbank felt something was wrong, said Ms. Neel. At some point, Nelson came out and hides with what they find out later is a loaded gun. The officers hear someone yell, "Get the fuck off my property."

Deputy Cao in a calm voice asks Nelson to "show his hands" and reiterates they just want to talk. Nelson is concealed behind a deck. Instead of complying, Nelson who is crouched behind the deck, ambushes the officers and shoots at the deputies.

"Nothing that those officers did that day was inappropriate or abusive or out of line."

Addressing testimony from experts about shell casings and using visual exhibits, ADA Neel said the officers were exchanging fire, trying to get out of there and trying to save their lives.

She said Nelson, after shooting at deputies and injuring Deputy Cao in the chest, armed, fled but was apprehended and taken into custody.

"In custody he talks about corrupt cops. You know what he never said,"  ADA Neel paused for a second, "that he was terrified, scared for his life."

"That fucking Chink" is what Nelson said when he locked eyes with Deputy Bang Cao.

From that moment, "he walked through the house, thinking about it, thinking about it before", Ms. Neel referred to Nelson's threats against law enforcement.

"The officer was doing his job and for that Willy Nelson shot him. For that he should be held accountable "




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