Battling over meaning of self-defense

Murder defendant felt he was in 'imminent danger'

By MARSHA DORGAN
Register Staff Writer

Did Alex Taylor act in self-defense when he shot 62-year-old George Davis five times?

That is the question lawyers have been hammering away at for more than four weeks in front of a Napa County Superior Court jury.

Taylor, 26, killed Davis in April 2007, in the bedroom of Davis’ west Napa apartment.

During weeks of testimony in the murder trial, defense attorney Jess Raphael presented evidence that Davis worshiped the devil and practiced black magic and witchcraft. He argued Davis had a power over Taylor, who said he is schizophrenic and hears voices, and that Davis used this power to manipulate his client.

Taylor met Davis when he was 16, and believed that Davis was able to drive the demons from his body using magic spells. Raphael has presented evidence that Taylor believed Davis posed a deadly threat to him.

Napa County Deputy District Attorney Gary Van Camp argues that Taylor planned to murder Davis for some time, that Taylor was armed when he went to Davis’ apartment that April night and that he deliberately shot Davis time and again.

Raphael is arguing what is known as imperfect self defense, which means Taylor felt he was in imminent danger, but a reasonable person may have not seen it that way.

“The defendant killed another person because he actually, but unreasonably, believed he was in imminent danger of death or great bodily injury, the defendant is deemed to have acted without malice and thus can be convicted of no crime greater than voluntary manslaughter,” Raphael wrote in court documents.

Raphael also wrote in his court brief that Davis programmed Taylor to believe in his magical powers and satanic practices, and it had devastating effects on Taylor. He said Davis “victimized Taylor’s fragile mind.”

Van Camp also filed a brief with the court on the issue of self-defense brief.

He wrote that “imminent danger means that the danger must have existed or appeared to the defendant to have existed at the very time the fatal shots were fired. Future harm, no matter how great the fear, will not suffice.

“There was no imminent danger that had to be instantly dealt with when he shot Davis. The killing was planned and premeditated, and was not in response to any danger that Davis exhibited at the moment he was shot.”

Taylor confessed to the homicide. He offered two motives. The first is that Davis wanted to die, and that Taylor assisted in his suicide. The second is that Taylor believed Davis raped him when he was 4, in an incident that has not been corroborated.

On Wednesday, Michael Fidler, who has been a friend of Taylor since their Napa High School days, testified he met Davis when he was, 17, through Taylor.

He told the jury he signed several of Davis’ contracts giving Davis power over his life, and that Davis had performed at least two exorcisms on him.

Raphael showed Fidler four photos Davis took of him when he was 17 without his shirt on.

Fidler said the photos were taken to show him how he looked after Davis drove the demons from his body.

Raphael questioned Fidler him about Taylor’s bizarre behavior.

“Did Alex yell at himself? ... wave his arms and legs ... did he display fighting gestures with an imaginary person?” Raphael asked in a series of questions.

Fidler responded, “yes,” saying such things happened frequently.

Raphael asked Fidler if Taylor believed Davis used black magic to get into Taylor’s head.

“Yes, I believed he did by the way he acted,” Fidler answered.

During cross examination, Van Camp asked Fidler if he and Davis were friends until the day he died.

“Yes.”

“He was friendly to you ... someone to talk to?”

“Yes.”

Alluding to the assisted suicide theory, Van Camp asked Fidler if Davis seemed happy with life.

“Sure looked like it,” Fidler said.

When asked if he believed Davis was suicidal, Fidler quickly responded “no.”

Taylor has pleaded not guilty. If found guilty, Raphael will argue Taylor is not guilty by reason of insanity.

Napa Valley Register Copyright © 2009