Davis Assisted Suicide Case Winds Down: Murder or Attempted Voluntary Manslaughter?

The murder trial of James Elron Mings will pick back up on Friday morning. Both sides were making closing arguments in Yolo County Superior Court as Wednesday came to and end.

Mings is on trial for the death of Davis resident Kevin Seery in October of 2011 at the College Square Apartments. All parties agree that Seery asked Mings (and others prior) to help him end his life by choking him.

Deputy District Attorney Martha Holzapfel says Mings did just that, meaning he should be convicted of first degree murder.

• Mings blogged and wrote poetry
• Enterprise: Mings on the stand

Public Defender Dan Hutchinson told a different story, in which he focused on a member of the Davis homeless community named Tom McDermott, who was in the apartment with Mings at the time of Seery’s death. He says McDermott entered the room and made contact with Seery's body after Mings, and that’s when the actual death occurred.

Hutchinson said that a sock and other materials were forced into Seery’s mouth – materials Mings says he had no knowledge of.

Holzapfel made the case that Mings was the one who murdered Seery, and that he did so in a manner that was premeditated, and not while in the heat of passion.

After making that case, she added that even if it was actually McDermott who did the killing, Mings would still be guilty of murder because he would have conspired in the crime alongside McDermott, making both parties responsible.

In his closing argument, Hutchinson turned his attention directly to Holzapfel. He said that she made definitive arguments for two scenarios – one being that Mings did it, and the other being that even if McDermott was the one who did it, Mings was part of the conspiracy. Both of these would result in a murder charge, Holzapfel said.

Hutchinson argued that by making two arguments, she rendered neither of them solid.

Hutchinson will finish his closing arguments on Friday and then Holzapfel will have the last word.

Hutchinson is attempting to get a verdict of attempted voluntary manslaughter, saying that regardless of what the jury decides, Mings will leave the courtroom as a convicted felon.

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Lauren Keene of the Davis Enterprise has been closely following this case from the start. Read her most recent piece here for details about Mings’ background and his account of the day Seery died.