LAKEPORT — The case against Ivan Garcia Oliver, a Lakeport man accused of murdering a neighbor he thought was a child molester nearly five years ago, is expected to go to the jury next week after both sides gave closing arguments Friday.
The defendant, who testified Wednesday, claims he killed Michael A. Dodele in self-defense on Nov. 20, 2007.
Oliver, 34, reacted “instantly to having a knife thrust at him,” defense counsel Stephen Carter argued Friday afternoon at the Lake County Courthouse.
The prosecution alleges Oliver murdered Dodele, 67, by stabbing him 65 times after misunderstanding information about Dodele on the Megan”s Law website. Dodele was a convicted sex offender whose victims were women, not children.
Chief deputy district attorney Richard Hinchcliff tried to discredit the self-defense claim Friday, saying Oliver committed an “extremely brutal, violent attack” with the intent to kill Dodele.
“Ask yourself whether 65 stab wounds is defending yourself or something more than that,” the prosecutor said to the jurors.
Oliver pleaded not guilty to counts of murder, burglary and elder abuse in connection with Dodele”s death. The two men lived in the same Lakeport trailer park.
Hinchcliff”s closing argument lasted nearly two hours Friday morning.
The prosecutor classified Oliver”s actions as “vigilantism.”
Oliver, who did not tell law enforcement many specifics about the incident, testified that he confronted Dodele about his suspicion Dodele fondled his 4-year-old son and that the victim brandished a knife first that morning.
Hinchcliff argued Oliver fabricated “this story that nobody ever heard before about he touched my son.” He called Oliver”s version of events a “pretty far-fetched scenario.”
The prosecutor also said Oliver was uncooperative after his arrest, telling the jurors sarcastically, “That”s certainly a case of self-defense.”
Hinchcliff said the case hinged on Oliver”s actions on Nov. 20, 2007 and not on Dodele”s criminal history, which included multiple rape convictions.
The prosecutor asked jurors to convict the defendant of first-degree murder, though they”ll also have second-degree murder and voluntary manslaughter as options.
Carter spoke to the jury for more than an hour Friday afternoon.
The defense attorney said Oliver was told Dodele was a child molester and never saw specifics about the man”s crimes on the Megan”s Law website.
“He didn”t know this was a man who raped women at knifepoint,” Carter said. “In his mind, he thinks he”s asking a child molester.”
Carter contended the evidence showed Oliver committed a justifiable homicide.
“Michael Dodele was no stranger to using a knife,” the attorney argued.
Carter said Oliver was “incredibly stressed” while talking with the police. “From the beginning of these interviews, it”s very clear they don”t believe him he doesn”t want to cooperate with that,” he argued.
Carter asked jurors to consider voluntary manslaughter if they think Oliver went “overboard.”
Hinchcliff gave a 25-minute rebuttal argument and said the defense tried to distract the jury by focusing on Dodele”s criminal history.
“He was a bad person,” Hinchcliff said of Dodele. “Maybe he should have stayed in prison for the rest of his life. But he didn”t.”
The prosecutor argued Dodele used a knife to threaten and intimidate people, never to stab them.
Hinchcliff reiterated the assertion that Oliver “made up” his testimony “to try and help himself out.”
“If you don”t believe his story, then it is clear-cut, premeditated, deliberate first-degree murder,” Hinchcliff said.
Judge Arthur H. Mann said jurors would receive instructions Wednesday morning and then begin their deliberations.
Jeremy Walsh is a staff reporter for Lake County Publishing. Reach him at 263-5636, ext. 37 or jwalsh@record-bee.com. Follow him on Twitter, @JeremyDWalsh.
