Posted on 01/01/2009 3:51:58 AM PST by billorites
Ellie Nesler, who sparked a national debate about vigilantism after killing her son's accused molester in a courtroom in 1993, has died of cancer. She was 56.
Nesler died Friday morning at UC Davis Medical Center in Sacramento, according to hospital spokeswoman Phyllis Brown. She had battled breast cancer since 1994.
"It's sad to see her go but she was really, really sick. She was very ill," said Rebecca Nesler, Ellie's daughter.
Rebecca is still recovering from two major events over the weekend: the birth of her son and the death of her controversial mother.
Nesler made headlines when she shot Daniel Driver five times in the head in a Tuolumne County courtroom during a break in his preliminary hearing for allegedly molesting four boys, including her then-6-year-old son William, at a Christian camp. Some hailed her for exacting her own justice, while others condemned her for taking the law into her own hands.
"She was a lot of people's hero," said Rebecca. "I just remember how much people would say, 'You're mom's my hero.' I had classmates, teachers all through grade school telling me how she was their hero."
Nesler was convicted of voluntary manslaughter, but her 10-year sentence was later overturned because of jury misconduct. She cut a deal with prosecutors to plead guilty to manslaughter and get out after serving three years because she had breast cancer.
The case became a 1999 TV movie, "Judgment Day: The Ellie Nesler Story," on the USA cable network.
After the shooting, the Nesler family remained entangled in the legal system. In 2002, Nesler was sentenced to six years in prison after pleading guilty to selling and possessing methamphetamine. Outside of the courtroom, she maintained her innocence, saying she felt she couldn't get a fair trial in Tuolumne County.
Nesler was released from the Central California Women's Facility in Chowchilla in 2006.
Meanwhile, her son got into legal troubles of his own and was convicted of first-degree murder in 2005 for stomping to death a man hired to clean the family's property in Sonora. The 23-year-old said he believed David Davis was letting people pick through the family's belongings.
William Nesler killed Davis less than an hour after he was released from a 30-day sentence for an earlier assault on him. He is serving a 25-year-to-life sentence at High Desert State Prison near Susanville.
"She had just such a heavy heart with my brother's situation," said Rebecca. "Honestly, the only regret I think is that she wasn't able to be there for me and my brother. That's the only regret I think she ever had."
Prison officials allowed William Nesler to speak with his mother on the phone when she was hospitalized, and he spoke to family members Christmas night about her condition, said Terry Thornton, spokeswoman for the state Department of Corrections and Rehabilitation.
"He knew she was very ill, and he knew her death was impending," Thornton said.
William Nesler has asked for a temporary leave to attend the funeral, and the request is being reviewed by prison officials, Thornton said.
I was living in South Louisiana when this happened in Baton Rouge. The dad was a hero to the whole state.
You are part of the problem.
The concept of justice was lost when the system encouraged defense attorneys to see their job as getting the accused off as opposed to seeing that justice is done.
When Gary Plauche shot the man that molested his son, the entire state cheered and a lot of the country. Gary still lives in Baton Rouge and any man that meets him wishes he had the balls to protect his family the same way.
The perp molested Gary’s son and was his ex wife’s boyfriend. Seems he was just trying to get to the son all along.
These animals that prey on kids need to be put down like dogs. No exceptions. If I was Gary Plauche I’d wish I could relive that day every day to know that just one of these sick child molesting bastards is no longer on the earth.
I know Judgment belongs to the Lord, but Oh, how I wish I could be Saul and slay the Amelakites, I wouldn’t have left any alive.
Touch my family and you will die. I am the court system, if you don’t like it, then stand clear.
Well said.
The alternative, it seems to me, is some sort of anarchy or mob rule.
There's something similar going on now regarding whether the Senate will seat the designee named by Blagovich. As reprehensible as Blago may be, he could well have the law behind him.
I had no problem with what she did at the time of the trial, and, upon having had some years to reflect on it, I still don’t.
When I worked as an EMT back in the ancient days when people bleedin’ all over ya was mostly a laundry problem, I saw enough rape victims, battered women and abused children to last ten lifetimes.
I come up on anybody doing any of those things, I could wax their asses and not lose a wink of sleep the next night.
Certainly, that’s your prerogative. However, the sentiments a jury would be the last of my considerations in this scenario. That said, I believe you would be in the minority. Jury nullification is the final opportunity for justice when law does not serve.
That was Baton Rouge Louisiana, early 80s.
Here’s link...warning graphic and celeb nudity links on the site as well
http://www.nothingtoxic.com/media/1151753158/Raw_Footage_of_the_Child_Rapist_Getting_Shot
5 years probation is a reasonable penalty. It means stay the hell out of trouble and you are a free man.
I believe he would have minded his P’s and Q’s anyway.
Good job on the post, thanks
Makes me believe I haven’t lost all of my mind after all.
The dead guy forced this citizen to act. To be on probation is another effect of the dead guy’s actions. Still, it’s a reasonable penalty. Sometimes life brings difficult choices.
Karate instructor
They find the pervert and bring him back I think to Tennessee.
Louisiana
Shooter was the kids father and I may be mistaken but I thin he got off.
Suspended sentence with five years probation. This was 2003
Here’s the story on Court TV. There’s a clip of the shooting.
http://www.youtube.com/watch?v=Oi3Hyxuf5AE
“You are part of the problem.”
No. But if you believe that any citizen should have the right to be judge, jury and executioner, YOU are most definitely part of the problem. And not much of an American.
Oops, I guess it was 1984 not 2003.
“Our Western history is rife with this and the vast majority were good decisions by good people for the sake of survival.”
So what about the mobs who lynched uppity black men? Many of them thought they were justified. See where this slippery slope can lead?
Good job, thanks
Thanks,
I couldn’t remember where it happened just that it had.
“I assume you have a child named Grace. If Grace were violated or killed by some monster (God forbid) and the perp given the all-too-modern slap on the wrist, would you still apply your piety to your personal situation?”
I do have a daughter named Grace. She died at age 18 from unexplained cardiac arrest, so although a monster did not kill her, your question is not completely hypothetical. And, yes, my “piety” would still apply.
In both the cases mentioned here, children were violated by terrible people, However, the majority of our society has decided that this crime does NOT merit the death penalty. If an individual decides that’s not good enough and executes the perp, that person should pay a stiff price. Period.
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