Dec 11, 2014

People and defense rest in Shelter Cove case where HCSO deputy was shot

Closing arguments, jury instructions will take place this afternoon and the jury can start deliberations as early as today.

No other local media has covered this local trial. Two HCSO deputies getting shot while serving civil papers is a big deal.

Today, the only evidence presented by the defense in this case, was five minute questioning of Lt. Dave Morey, the HCSO operations commander at the time of the incident. Greg Elvine Kreis who represents Nelson basically asked him if Sgt. Ken Swithenbank remembered who shot first? Nelson or Deputy Bang Cao? Lt. Morey said Sgt. Swithenbank could not recall who shot first. Mr. Elvine-Kreis brought up a question about Sgt. Swithenbank postponing his shift.

On cross, ADA Kelly Neel clarified that the reason Sgt. Swithenbank requested postponing switching to his shift in Eureka was that he had business to finish in Shelter Cove and wanted to assist in serving civil papers to Nelson and "help diffuse any explosive situation."

Mr. Elvine-Kreis asked if the words explosive situation were used. Lt. Morey said, " can't say for sure." Mr. Elvine-Kreis asked Lt. Morey if Sgt. Swithenbank had a rapport with Nelson and Lt. Morey said, yes.

Mr. Elvine Kreis, said that "majority of the evidence has come in" and that he was only presenting this 1 piece of evidence. He said he believes reasonable doubt has been show and he will address that in his closing argument.

Background:
johnchiv.blogspot.com/2014/12/jury-trial-for-shelter-cove-man-who.html?m=0

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