LAKEPORT — A jury of 12 Lake County residents began deliberating Wednesday morning in the trial Ivan Garcia Oliver, a Lakeport man accused of murder for stabbing a neighbor he thought was a child molester nearly five years ago.
Oliver, who took the stand in his own defense, said he killed Michael A. Dodele in self-defense on Nov. 20, 2007.
The prosecution alleged Oliver committed premeditated murder by stabbing Dodele more than 60 times after mistaking Dodele for child molester by misunderstanding information on the Megan”s Law website.
Dodele, 67, was a convicted rapist whose crimes were against women, not children. The two men lived in the same Lakeport trailer park.
Oliver pleaded not guilty to murder, burglary and elder abuse, and denied several special allegations.
Judge Arthur H. Mann spent almost an hour giving the jury final instructions Wednesday morning at the Lake County Courthouse. Testimony concluded last week after seven days.
The judge released the seven men and five women to begin deliberating at 10:40 a.m.
Jurors will have to weigh Oliver”s version of events against the picture painted by the prosecution.
Oliver, who provided few details to police after being arrested, testified Dodele brandished a knife with the apparent intent to kill immediately after being asked whether he fondled Oliver”s son, then 4 years old.
The defendant said his son talked more than a week before Dodele”s death about “playing touching the ”pee-pee”” with “the old man” — something Oliver never told law enforcement or the boy”s mother at the time.
The prosecution argued Oliver killed Dodele because he hated child molesters and questioned why Oliver didn”t tell anyone about his suspicion his son was touched inappropriately.
What was used to kill Dodele presented another point of contention.
The prosecution argued Oliver admitted to law enforcement that he owned both knives found outside his home on the day of Dodele”s death.
Oliver testified Dodele pulled out the black knife but he gained control of the weapon during the altercation.
Oliver said he took the black knife home and threw it out the window. He added that he hurled his own silver knife — which he said was never taken to Dodele”s home — out the same window.
Oliver sustained a hand injury during the incident. He said it occurred after he blocked Dodele”s stab attempt, but the prosecution contended Oliver cut himself accidentally while attacking Dodele.
The defendant tried to clean up some of his blood and took items from Dodele”s home — according to testimony, including Oliver”s — but the two sides disagreed about the reason for those actions.
For Dodele”s death, the jury will consider first-degree murder, second-degree murder and voluntary manslaughter.
