LAKEPORT, Calif. – A young Clearlake man’s murder trial moved into its final stages on Friday, as he prosecution and defense presented their closing arguments.
Joshua Robert Beavers, 28, is on trial for the shooting death on Sept. 8, 2013, of 29-year-old David Ferrell at Ferrell’s Clearlake home.
The shooting had been precipitated by a disagreement between Beavers and his friend, Cameron Fallis, who Beavers had assaulted earlier in the day before following him to Ferrell’s home, where Fallis was staying in a trailer.
There, after a brief exchange, Beavers – who had come armed with a .22-caliber Ruger handgun – shot Ferrell in the face, killing him almost instantly before shooting Ferrell’s friends, Rachel Patterson and Paul Cressy, as he fled the scene.
Beavers is charged with murder; assault with a firearm on Ferrell, Patterson and Cressy; the attempted murder of Patterson and Cressy; discharge of a firearm in a grossly negligent manner; unlawfully carrying a loaded firearm on one’s person or in a vehicle; unlawfully possessing a short-barreled shotgun; and numerous special allegations for firearm use and inflicting great bodily injury.
The trial began early in June. Those taking the stand to testify have included Cressy; Patterson; Ferrell’s wife Felicia Vance; Clearlake Police Det. Ryan Peterson; medical examiner Dr. Ikechi O. Ogan, MD; as well as the four people who had driven to and from the scene with Beavers – Fallis’ parents Angel and Orlando Esquivel Sr., Brenden Alicea and Daniel Cunningham.
One of the most notable witnesses on the stand during the trial was Beavers himself, who last week spent most of one day testifying. He claimed that Ferrell had lunged at him and that he had pulled out the gun to defend himself, shooting Ferrell accidentally when the gun started to slip from his hand.
“This is an extremely serious case,” with a father of four children killed, said Chief Deputy District Attorney Richard Hinchcliff, who is prosecuting the case.
In his closing statements, Hinchcliff spent time reviewing with the jury the requirements for convicting Beavers on the various charges. He then focused on issues such as witness credibility and the credibility of Beavers himself, whose own original statements to authorities had disparities when compared to his testimony at trial.
Hinchcliff argued that Cunningham’s testimony last month was credible. While Cunningham originally had lied to Clearlake Police officers, telling them that Ferrell had a weapon, he had admitted in court that he had lied and that Ferrell was unarmed.
That change in testimony, said Hinchcliff, was not because of a desire to get revenge on Beavers for the fact that Cunningham is now serving prison time for having been a felon in possession of a gun at the time of the shooting. Rather, he said Cunningham had taken responsibility for initially lying, stating on the stand that he came forward to set the record straight because he no longer needed to protect himself or Beavers, his longtime friend.
The fact that Beavers fled the scene, shaved his head and changed his clothes, and made no effort to call police pointed to a consciousness of guilt, Hinchcliff said.
The only other person who had claimed Ferrell had a weapon was Alicea, who Hinchcliff said had acknowledged that he wasn’t sure of what he saw. Alicea had suggested it might have been a baseball bat with barbed wire, causing Hinchcliff to suggest that Alicea had been watching too many “Walking Dead” episodes.
Beavers was unlawfully carrying a concealed, loaded weapon, Hinchcliff said. He argued that Beavers’ actions – including his anger with Fallis, arming himself, and shooting at Cressy and Patterson – showed evidence of malice. Beavers also had reportedly bragged to someone about shooting Ferrell’s head off.
While Hinchcliff said that Beavers has tried to blame the shootings on others, “He created this situation himself,” going to Ferrell’s home in a heat of passion because he wanted revenge.
“He had a lot of other options than pulling out a gun and shooting David Ferrell in the face,” Hinchcliff said.
Hinchcliff also focused on Beavers’ statements to police in the hours after the shooting and his testimony on the stand.
Beavers originally told police that Ferrell had pulled a gun and fired a shot at him. At that time, there was no mention of a weight bar which he later claimed Ferrell was wielding. Beavers also claimed that at that point another man tried to attack him with a machete, he was punched and Ferrell lunged at him.
“I want you to see the efforts he went to, to lie to the officers,” Hinchcliff said.
Beavers later would tell police that his finger slipped and he shot Ferrell on accident. “Guess what, guns don't go off if your finger's not on the trigger to begin with,” Hinchcliff said.
Beavers also told police that he had left the gun at the scene rather than taking it with him. In his original statements, he claimed he already had a shaved head at the time of the shooting, rather than having shaved his head afterward to change his appearance, according to Hinchcliff.
Hinchcliff argued that Beavers’ story changed so much because he was making it all up and struggling to keep the details straight.
He touched on the “Tueller rule,” a rule developed to show that a person with a knife or other edged weapon can advance 21 feet on an officer and overtake them before the officer can shot. Peterson had discussed the rule on the stand after Beavers testified last week.
Beavers had testified that Ferrell had been only 5 feet away from him when he lunged, and that he had been able to step back and pull his gun from under his clothing.
Hinchcliff suggested that it was impossible, and that they had to have been a greater distance apartment. The medical examiner said there was no sign of stippling on Ferrell’s flesh, which is a result of gunfire happening from less than 18 inches away.
Hinchcliff asked the jury to convict Beavers of second-degree murder.
Defense argues for self-defense
Lead defense attorney Edward Savin – who has been assisted during the trial by attorney Andrea Sullivan – attempted to explain why the shooting happened.
“Joshua made a lot of mistakes that day,” but he didn't commit murder or attempted murder, said Savin.
Savin also questioned what he said was police’s quick release of the crime scene 24 hours after the shooting.
“The truth is, ladies and gentlemen, the story just now begins,” he said.
Savin argued that Ferrell had been drinking and getting increasingly angry about the fact that Fallis had been jumped earlier in the day, and that he was holding a weight bar at the time of the shooting.
He called Cunningham an “inveterate liar,” claiming that Cunningham’s “name isn't even true,” as he’s also known by the last name of Miller.
Beavers misled law enforcement, which Savin said is what happens when a 24-year-old finds himself suddenly being a murder suspect.
“Life has tragedies in it and this case is about a tragedy,” Savin said.
He suggested that the Clearlake Police Department should have done more work at the crime scene, including searching small structures on the property more thoroughly to find weapons.
Additionally, he attacked the credibility of Fallis, who had claimed on the stand that he never had a gun or used one, while his parents said he had owned weapons.
Savin said he felt Beavers was pretty honest by the end of the interviews with police. “And I think he was pretty honest with you,” he told the jury, referring to Beavers’ testimony at trial.
The case also involved numerous people growing and selling marijuana, which had been a point of contention between Fallis and Beavers, who felt that Fallis wasn’t fulfilling his responsibilities in tending marijuana for a local grower. All roads led to marijuana in the case, Savin added.
Savin emphasized that Beavers didn’t go to murder Fallis or anyone.
“Joshua's defense is self defense,” Savin said.
Savin said he very easily could have been before the jury arguing on behalf of Ferrell, with Beavers being the victim, had things gone differently. “He’s here, David’s not.”
He suggested the jurors give great thought to self-defense or voluntary manslaughter, and grossly negligent discharge of a firearm for the shootings of Cressy and Patterson.
“You've been a really great jury. You've suffered silently. You’ve been here a long time. You’ve asked great questions. You've paid attention. That's all either side can ask,” Savin said.
Court recessed shortly before 5 p.m. on Friday, with Hinchcliff still having an estimated 30 minutes of rebuttal to Savin’s arguments.
Judge Andrew Blum ordered the jurors to return at 9 a.m. Wednesday, July 19, at which time the final portion of closing arguments will be completed and the jury will be able to begin deliberations.
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Closing arguments take place in trial for 2013 Clearlake murder
- Elizabeth Larson
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