PORT ANGELES — The jury in Scott L. Davis’ attempted-murder trial begins deliberations in earnest at 9 a.m. today after closing arguments Thursday offered different portrayals of Davis’ state of mind when he shot and wounded a Clallam County Sheriff’s deputy.
The retired Army major was either legally insane when he shot and wounded Deputy Bill Cortani near Sekiu last year, or he was fully capable of knowing the difference between right and wrong, attorneys said.
Those were the different pictures painted of the 60-year-old Silverdale resident by county Prosecuting Attorney Deb Kelly and Public Defender Harry Gasnick for the seven-man, five-woman jury.
“The defendant knew what he was doing. The defendant knew he was firing at a law enforcement officer,” Kelly told the jury.
Gasnick said: “I am here to ask you as jurors to, now that we have avoided one tragedy, we shouldn’t be creating another.”
Davis has been charged with first-degree attempted murder for training a shotgun on Cortani that he did not fire, and first-degree assault for actually shooting Cortani with a 9 mm semiautomatic pistol and wounding him before he retrieved the shotgun.
Other options for the jury are finding Davis guilty of second-degree attempted murder or second-degree assault.
If found guilty, Davis could serve as many as 20 years for first-degree attempted murder or as little as three months for second-degree assault.
Insanity plea
Davis has pleaded not guilty by reason of insanity, meaning he could not tell right from wrong when he shot Cortani during a gun battle early in the afternoon of Jan. 19, 2009, about seven miles east of Neah Bay off state Highway 112.
Cortani was responding to a trespassing complaint of a rental house being illegally occupied by Davis when the gunfight erupted.
Davis shot Cortani once in the left arm, and once in the hip.
Cortani shot Davis once in the stomach and once in the left arm.
During testimony Wednesday, Seattle neuropsychologist Kenneth Muscatel, who conducted a forensic psychological evaluation of Davis, said that Davis had been diagnosed with bipolar 1 disorder and was possibly not taking his medications.
Davis’ sister and cousin testified that he was known for not taking prescribed medication.
Premeditation
Kelly told the jury Davis showed the premeditation and intent required for a finding of first-degree attempted murder by responding specifically to Cortani’s inquiries about why Davis was on the property, and by emptying his pistol at Cortani and then retrieving a shotgun from his house.
Evidence and Cortani’s testimony point to an incident that lasted 20 to 30 seconds, “more than enough time for the defendant to recognize he was dealing with a law enforcement officer,” Kelly said.
Blood on the gun also indicated he chambered a shell or checked for a shell before going outside and pointing it at Cortani, who by this time was trying to hide on the beach, she said.
That indicated further premeditation, Kelly said.
Cortani kept firing, and Davis went down.
Both were treated at Harborview Medical Center in Seattle.
Ill but able to act
“There is no question he is mentally ill,” Kelly said.
“But that didn’t remove his capacity to act.
“You don’t fire a 9 mm pistol at a person unless you intend to inflict great bodily harm.”
In his closing argument, Gasnick praised Cortani for his skill and bravery and spoke of the tragedy of his being wounded, but said a finding of guilt against Davis also would be tragic.
He recalled Davis’ military service and spoke of the severe mental illness that was diagnosed much later in Davis’ life.
“How profoundly mentally ill does a person need to be, to be not guilty by reason of insanity?” Gasnick asked the jury.
One gauge is comparing their behaviors when they are sane and after they have become mentally ill, he said.
Davis’ history/b>
Davis earned the rank of captain at age 25; worked as a computer technician for the Kitsap School District for 15 years; and provided sanctuary for a loving sister when she ran away from home.
But, Gasnick said, Davis also once wore his pants around his ankles to remind himself to go to the bathroom; carried around a python in his shirt; set up a survivalist camp in the woods; spoke of imminent cannibalism if the world economy collapsed; and scared that sister so much she once called Homeland Security.
A day before the shooting, store clerks Davis talked to in Neah Bay “thought he was nuts,” Gasnick said.
After the shooting, Davis saw an imaginary bulldog at the foot of his hospital bed, Gasnick added.
“You are being asked to speculate as to what his intentions were, but that’s hard to do when the person is insane.”
In her rebuttal, Kelly said tragedy already occurred in the case: Cortani was injured performing his duty, and his family was traumatized.
“Did we all say, ‘Oh, another deputy has been shot, another law enforcement officer?'” Kelly asked the jury.
County Sheriff’s Deputy Wally Davis was shot to death just east of the Port Angeles city limit on Aug. 5, 2000.
U.S. Forest Service Officer Kristine Fairbanks was killed on a Forest Service road in Olympic National Forest south of Sequim on Sept. 20, 2008.
Kelly also accused Gasnick of being “shameless” in referring to Davis’ military record, adding that jurors must make their decision based solely on the events of Jan. 19, 2009.
“The point is, you don’t have to guess about the intent,” Kelly said.
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Senior Staff Writer Paul Gottlieb can be reached at 360-417-3536 or at paul.gottlieb@peninsuladailynews.com.
