Sometimes, folks administer their own “death penalty,” and in this case, I really don’t blame her. I’ll quote the words of some others, as I relate this story:
I’m sure many of you may recall (not by her name, however) the case of Ellie Nesler, a case that was made into a TV movie, Judgment Day: The Ellie Nesler Story, in 1999.
On April 2, 1993, Ellie Nesler shot (5 times) and killed a shackled Daniel Mark Driver in a Tuolumne County courtroom in Jamestown, California, during Driver’s preliminary hearing on charges of molesting Nesler’s son, Willy Nesler, and three other boys at a church camp 5 years earlier. Willy was just 6 years old at the time of the molestation. Driver was a trusted family friend who also happened to have (presumably unknown to Ellie Nesler) gotten probation in 1983 for molesting an 8-year-old boy.
Ellie Nesler was prosecuted for murder. She was convicted of voluntary manslaughter—not murder—and sentenced to 10 years in prison.
Following protracted legal maneuvering, she was released after serving less than 4 years. (See? There IS a Gawd, after all!) Here is just one of many articles about her:
September 30, 1993
Mother Is Found Sane in Killing Accused Molester
©1993 by The New York Times Company
A woman who fatally shot her son’s accused molester was sane at the time of the killing and legally responsible for opening fire on him in a courtroom, a jury found today.
The woman, Ellie Nesler, a 41-year-old single mother from Sonora, Calif., faces up to 16 years in prison when she is sentenced on Nov. 29 for the killing of Daniel Mark Driver.
After a long summer of testimony, a jury in Sonora, 120 miles east of here, found Ms. Nesler guilty of voluntary manslaughter, the most lenient conviction possible. In the second phase of the trial, the same jury set out this month to determine whether Ms. Nesler could distinguish between right and wrong when she shot the 35-year-old accused child molester.
“We do concede she had some mental disorders and she should seek psychotherapy to help her deal with the problems and return to society,” jurors said in a prepared statement, The Associated Press reported.
Mr. Driver died instantly when Ms. Nesler shot him five times at close range as he sat handcuffed to a table in a courtroom last April. He was there for a preliminary hearing on charges of molesting Ms. Nesler’s 12-year-old son and three other boys at a church camp several years earlier.
The case drew national attention and brought thousands and letters and $40,000 in money for her defense from supporters around the country. Contrasting Portraits
As with the first part of the trial, Ms. Nesler did not testify as lawyers, psychiatrists and psychologists drew contrasting portraits of her mental state when she shot Mr. Driver.
One portrait was sympathetic, depicting her as a distraught mother who was operating on an animal instinct to protect her young and who believed she had been chosen by God to kill Mr. Driver. The other portrait was of a vigilante bent on revenge, a woman who knowingly assumed the moral authority to kill and who took calculated steps to insure that it would happen.
The burden of proof on the insanity portion of the trial was on the defense. In a two-hour closing argument last Wednesday the defense lawyer, J. Tony Serra, told the jury that Ms. Nesler had a harrowing childhood of violence and sexual abuse and had been pushed by rage to a moment of insanity when she learned of her son’s alleged molestation. “Think of she-bear, think of tiger, think of wolf,” he said.
Mr. Driver allegedly molested the boy when he was 6 at a church camp where Mr. Driver worked as a dishwasher despite a 1983 conviction for child molesting, for which he served two and half years of probation.
After the accusations regarding Ms. Nesler’s son, Mr. Driver eluded the authorities for three years. But he was arrested last January for shoplifting in Palo Alto and brought to a courtroom for a preliminary hearing on seven charges of child molestation, four of them brought by Ms. Nesler’s son.
On the day Mr. Driver was shot, Ms. Nesler began divining signs that she was chosen to kill him, Mr. Serra said. The man had “sneered” at her and her son, showing no remorse, he added.
In contrast, prosecution witnesses testified that in confessions and interviews after the killing, Ms. Nesler had a clear understanding of her actions.
“People are not she-bears,” Scott Thorpe, a state prosecutor, said in closing arguments. “People think, they reason, they make judgments. Even motherhood does not exempt one from accountability.”
As evidence of her presence of mind, Mr. Thorpe, said Ms. Nesler hid the .25-caliber pistol, examined Mr. Driver’s face for remorse and, seeing none, shot him five times at close range.
“She chose herself to take the law into her own hands,” Mr. Thorpe said. “She was not chosen.”
The above article should be viewable online, at: http://query.nytimes.com/gst/fullpage.html?res=9F0CEED9153FF933A0575AC0A965958260
Ellie Nesler became something of a folk hero in Tuolumne County, and a hero to crime victims’ advocates. On the other hand, those concerned about vigilante justice found this case very troubling.
Ellie Nesler’s life has not gone well since her release. In 2002, she was convicted on drug charges and once again, went back to prison for 3 more years (if my memory is correct). And while in prison, she was diagnosed with breast cancer. I don’t know what her status is today, but it is my understanding that she is still alive.
Willy Nesler has also had an unhappy life. Since turning 18 in 1999, he had been arrested 18 times on charges of varying seriousness. Here is a Modesto Bee story about him, from July 28, 2004:
Nesler case now possible homicide
By MICHAEL MELLO
BEE STAFF WRITER
SONORA—William Nesler is now wanted on suspicion of murder, authorities said on Tuesday, adding that the man with 17 arrests on his Tuolumne County record “could be anywhere.”
Nesler is the son of Ellie Nesler. In April 1993 in a Jamestown courtroom, she shot and killed a man accused of molesting four boys, including William. William was 11 at the time of the shooting and 6 when the molestations occurred, according to the charges.
Investigators believe William Nesler severely beat David Davis, 45, of Sonora, who died at Doctors Medical Center in Modesto on Monday. Davis died from trauma to the brain caused by skull fracture, Sgt. Roger Dittberner said.
The beating took place about 5 a.m. Sunday, less than an hour after Nesler, 23, was released from the Tuolumne County Jail, Dittberner said. Nesler had been released from a 60-day sentence for a June 24 incident in which he had beaten Davis in a dispute over tools.
On Sunday morning, Dittberner said, deputies got an anonymous call that there had been a fight and someone was badly hurt on property belonging to the Nesler family on Shaws Flat Road, about two miles northwest of Sonora.
Responding deputies found Davis on the ground, bleeding, outside the trailer he rented from Nesler.
Davis was unconscious at the time and never regained consciousness, Dittberner said. He added that investigators believe Nesler to be responsible—and there were witnesses. Authorities have declined to elaborate on how many witnesses.
Nesler was at large Tuesday evening. Authorities in Tuolumne and Calaveras counties—where Nesler has family and friends—are following leads, Dittberner said.
Since he became an adult in 1999, Nesler has been arrested in Tuolumne County 17 times, beginning with a concealed firearms charge in November 1999. Since then, he has been cited for driving violations and arrested for failure to appear in court. He also has a juvenile record in Calaveras County that is not available to the public.
Nesler last appeared in court in June. According to court documents, deputies responded to his property on Shaws Flat Road for a dispute involving tools.
Even though deputies were there, Nesler charged Davis, punched him and threw him to the ground. As two deputies pulled Nesler away, he screamed an obscenity at Davis and stomped his foot on the ground, just shy of Davis’ head, court records said.
UPDATE: He is now (as of September 16, 2008) serving a 25-years-to-life sentence, in a California prison, and all of this was started, by him being a child abuse victim at age 6.
I remember what a police matron told Ms. Nesler, after she was arrested and taken into custody, immediately following the shooting: “If anyone asks me, I’ll deny saying this, but I want you to know that you are my hero.”
I second that emotion.
Online Newspaper References (in ascending chronological order):
7–29-2004: http://www.tdn.com/articles/2004/07/29/nation_world/news22.txt
7–30-2004: http://www.cbsnews.com/stories/2004/08/02/national/main633337.shtml
7–31-2004: http://www.signonsandiego.com/uniontrib/20040731/news_1n31nesler.html
8–2-2004: http://www.cbsnews.com/stories/2004/07/29/national/main632717.shtml
8–4-2004: http://www.amw.com/Fugitives/brief.cfm?id=27750
6–21-2005: http://articles.latimes.com/keyword/nesler-william