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Nesler Convicted in Fatal Beating

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Times Staff Writer

A dozen years after Ellie Nesler took the law into her own hands and captured international headlines by gunning down a man accused of molesting her little boy, a Tuolumne County jury on Monday found the now-grown son guilty of murder.

William Nesler, a powerful and brawny 23-year-old, faces 25 years to life in prison for the murder of David Davis, stomped to death on the family’s junk-strewn acre north of Sonora last July.

Jurors deliberated about five hours over two days before returning the first-degree murder verdict. A second defendant, Dean Phillips, 39, was found guilty of being an accessory after the fact for driving Nesler away from the murder scene.

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Nesler, who sported a full head of dark hair during the weeklong trial, arrived at the Sonora courthouse Monday with his head shaved and sat quietly while the verdict was read, said Eric Hovatter, the deputy district attorney who prosecuted the case.

The fatal attack stemmed from a bubbling feud between Nesler and Davis, 45.

Nesler allowed Davis to live on the property in exchange for cleaning up the debris. But the relationship quickly soured. In mid-June, Davis called the sheriff and accused Nesler of trying to steal some of his tools.

In front of three deputies who had arrived, Nesler lunged at Davis, hitting and punching him. According to an incident report, the deputies restrained Nesler -- who stands 6 feet 2 and weighs 230 pounds -- and handcuffed him. Charged with felony assault after he allegedly tried to kick Davis in the head, Nesler pleaded guilty to misdemeanor battery, receiving a 60-day jail sentence.

Released from jail for good behavior after a little more than a month, Nesler drove with friends to his family’s land the morning he was freed. During the trial, witnesses said Nesler broke into a trailer where Davis slept and pulled the smaller man out. Davis attempted to run but tripped or was tackled.

As Davis lay on the ground pleading for mercy, witnesses said, Nesler began stomping on his head. Davis died the next day.

Nesler fled and was on the run for a week before he turned himself in to a Sacramento bounty hunter.

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He pleaded not guilty, but during the trial his court-appointed defense attorney didn’t call any witnesses, instead arguing that Nesler was at most guilty of manslaughter or second-degree murder.

Sentencing is scheduled for June 20.

The killing added another bizarre twist to the saga of the Nesler clan.

In 1993, Willie Nesler was 11 when his mother entered a courtroom in nearby Jamestown and pumped five bullets into the head of Daniel Driver, a twice-convicted child molester accused of molesting her son at a Christian summer camp.

She later told police, “Maybe I’m not God, but I’ll tell you what: I’m the closest damn thing to it for all the other little boys.” Her case won national attention, with Nesler praised by some as an avenging parent, condemned by others as a vigilante.

After three years behind bars for voluntary manslaughter, Nesler won an appeal based on juror misconduct and was released. But in July 2002, she was convicted of buying 10,000 pseudoephedrine tablets used to make methamphetamine and was sent to prison for six years.

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