LAKEPORT — A jury of seven men and five women found Ivan Garcia Oliver guilty of first-degree murder Thursday for stabbing his neighbor more than 60 times nearly five years ago.
Prosecutor Richard Hinchcliff argued during the trial that Oliver, 34, acted like a vigilante on Nov. 20, 2007, attacking Michael A. Dodele after mistaking Dodele for a child molester by misinterpreting information on the Megan”s Law website.
Dodele, 67, was a registered sex offender whose crimes were against women, not children. The two men lived in the same Lakeport trailer park.
“(Oliver) thought the guy was a child molester, which he wasn”t … which is why vigilantism isn”t good. People make mistakes,” Hinchcliff said after the verdict.
Oliver, who provided few details to law enforcement after his arrest, took the stand in his own defense and told the jury he killed Dodele in self-defense.
The defendant testified Dodele pulled out a knife ready to kill after being asked whether he fondled Oliver”s son, then 4 years old.
The jury, which heard seven days of testimony, deliberated for parts of two days before returning its verdict Thursday morning at the Lake County Courthouse.
Jurors also convicted Oliver of first-degree burglary and found that a majority of the special allegations, including that Oliver used information from the Megan”s Law website to commit the felonies against Dodele, were true.
The jury cleared Oliver of an elder abuse count and allegation — something Hinchcliff said wasn”t surprising.
“There wasn”t sufficient evidence in my opinion. We had to prove that he either knew (Dodele) was 65 or older or that he should have known. We just didn”t have enough,” the prosecutor said.
Oliver plans to appeal, according to his defense counsel, Stephen Carter.
The defendant”s story of fending off an attacker to save his own life differed significantly from the bloody picture painted by the prosecution.
Oliver testified he grabbed hold of the knife Dodele wielded, and then closed his eyes and swung the weapon repeatedly as Dodele tried to regain control it, stopping only when he noticed Dodele was on the ground and dead.
Prosecution witnesses said Dodele was found in the fetal position at the foot of his bed and suffered 65 stab wounds, all of which were above the waist with some appearing as possible defensive marks.
Hinchcliff argued Oliver stabbed Dodele so hard that he fractured bones and pierced organs, and attacked the victim so uncontrollably that he inadvertently cut his own hand.
Oliver said he sustained the gash while blocking Dodele”s stab attempt.
Several people who lived in the trailer park, including Oliver”s former girlfriend, testified he approached them before the incident and told them Dodele was a child molester.
Oliver said he was told Dodele was a child molester and didn”t know specifics about his neighbor”s crimes.
Dodele”s prior sex offenses included three rapes and two attempted rapes in the 1970s and a rape and forced oral copulation in 1987. He was released from prison a couple months before his death.
Oliver”s criminal history also came up during the trial. He described his 2001 conviction for assault with a knife briefly during his testimony, saying no one was injured during the incident.
After the jury announced its verdict, Oliver admitted to the court the truthfulness of the special allegation he served a prior prison term for the conviction.
Hinchcliff moved to dismiss two trailing cases against Oliver for alleged incidents occurring while he was in custody after his arrest for Dodele”s death.
Judge Arthur H. Mann referred the murder case to the Lake County Probation Department for a report and recommendation.
Oliver, who remains in custody at the Lake County Hill Road Correctional Facility, is set to be sentenced on Aug. 29.
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.
