PORT ANGELES — Clallam County Sheriff’s Deputy Bill Cortani was taken by surprise when an arrest on investigation of trespassing suddenly turned violent, said Prosecuting Attorney Deb Kelly in opening arguments in the trial of Scott Lincoln Davis on Tuesday.
Cortani was investigating a trespassing complaint at a vacant cabin near Sekiu on July 19, 2009, when he encountered Davis, the Sheriff’s Office said.
Cortani had radioed in to dispatchers that he had a person in custody, although Davis was “passively resisting,” Kelly said.
“Deputy Cortani thinks it is OK,” she said, and put away his gun while pulling out an electronic stun gun.
“[Davis] comes up with the gun,” Kelly said.
“After that I don’t know if even Deputy Cortani can tell you the exact sequence of events. Everything was happening at once.
“He says, ‘Oh s–t.’ The defendant says, ‘You’re right, oh s–t.'”
Both Cortani and Davis were wounded in the shootout.
Davis, 60, is charged with first-degree attempted murder and first-degree assault in the trial, expected to take eight days and which began Monday with jury selection in Clallam County Superior Court in the courthouse at 223 E. Fourth St., Port Angeles.
Testimony from medical and law enforcement officers called by the prosecution will begin at 9 a.m. today before Superior Court Judge Ken Williams.
Confusion of some details and Davis’ mental illness will constitute his defense, said Public Defender Harry Gasnick.
“I agree with Ms. Kelly on at least one of her points: There will be some confusion over some specific details of what happened,” Gasnick said.
“This is a case that is less about what happened rather than about why it happened.”
Cortani, 42, encountered Davis at the cabin near Milepost 7 on state Highway 112, police have said.
Davis shot Cortani twice with a handgun, hitting Cortani in the arm and hip, the Sheriff’s Office has said, and the 18-year veteran deputy took cover behind a beach log and returned fire after Davis retrieved a shotgun.
Davis was hit in the stomach and left arm.
Cortani held Davis at gunpoint until backup arrived about 20 minutes later, the Sheriff’s Office said.
Both men were treated at Harborview Medical Center in Seattle.
Cortani returned to duty on the West End soon after, while Davis was transferred to the Clallam County jail, where he is being held in lieu of $500,000 bail.
Gasnick said mental health experts will offer testimony about Davis’ state of mind during the incident as well as his normal state.
“You’ll hear a whole lot about who Scott Davis is and how the person or the behaviors of Scott Davis on Jan. 19 don’t jibe with the normal behaviors of Scott Davis through his life — except when he was in the throes of a profound mental illness which he has suffered a number of years,” Gasnick said.
During the questioning of the prospective jury members, both Kelly and Gasnick extensively questioned the group about its opinions of law enforcement, the idea of using a mental health defense as well as the mental health of veterans.
Davis retired from the Army with the rank of major in 1991. His resume, which was posted online, says that he began his service in 1971 and that he had earned a Bronze Star, three Meritorious Service Medals, three Commendation Medals, a Ranger Tab and a Senior Rotary Wing Aviator.
The trial, originally scheduled to begin 15 months ago, was delayed so that Davis could undergo a series of mental evaluations, which determined that he is competent to stand trial.
Cortani received the state Law Enforcement Medal of Honor, the state’s highest law enforcement award, in May.
He was also named the 2009 Law Enforcement Officer of the Year by the Washington Council of Police and Sheriffs and received the National Sheriff’s Association Medal of Valor and Purple Heart.
He also received the Medal of Valor award from Clallam County Sheriff Bill Benedict.
The Clallam County jury is composed of nine men and six women, forming a 12-person jury with three alternates.
Williams said the alternates were chosen at random and the three would be dismissed before deliberations if they were not needed.
Not even the jurors are aware which of the group are the three alternates.
Williams also said some delays in the trial were possible. Both Judge George Wood and Judge Brooke Taylor are off work for several days during the next two weeks, and Williams, as the only sitting judge, will have other duties as well as the trial.
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Reporter Paige Dickerson can be reached at 360-417-3535 or at paige.dickerson@peninsuladailynews.com.
