Grand jury issues indictment in Davis murder case
They had only known one another for two weeks, but James Elron Mings believed he had a “telepathic connection” with Davis resident Kevin Seery.
“He has this whole philosophy of love and charity, and that if you really love somebody, you’ll do whatever they need,” Yolo County Deputy District Attorney Martha Holzapfel said of Mings at a recent meeting of the county’s grand jury. “And that because Kevin Seery was so ill and so hurt, he helped him pass on.”
At one point, Mings told a Davis police officer, “Now I know how Dr. Kevorkian felt,” according to a transcript of the grand jury hearing, referring to euthanasia activist Jack Kevorkian.
The Nov. 19 grand jury proceeding resulted in a one-count murder indictment against Mings, who was arrested Oct. 1 on suspicion of fatally choking and gagging Seery that morning in the victim’s J Street apartment.
Mings, 36, has pleaded not guilty to the charge. He remains in Yolo County Jail custody.
“Mr. Mings and his defense team were looking forward to the preliminary hearing and the opportunity to meet the evidence in this case head-on,” said Public Defender Tracie Olson, whose office represents Mings.
“However, we realized the District Attorney’s Office has the discretion to instead seek a confidential indictment by a grand jury — a process in which neither Mr. Mings nor his attorney may participate — and we respect that decision.”
Chief Deputy District Attorney Jonathan Raven declined to comment as to why his office sought a grand jury indictment. It bypasses the need for a preliminary hearing, where a judge determines whether there’s sufficient evidence for the case to proceed to trial.
Seery, 42, suffered from diabetes, chronic pancreatitis, chronic hepatitis and pneumonia, forensic pathologist Dr. Mark Super testified at the hearing. Seery stood 6-foot-1 but weighed only 133 pounds at the time of his death.
Officers responded to Seery’s apartment at 945 J St. after receiving a 911 call from Mings and another man, Thomas McDermott, on the morning of Oct. 1. Both men had stayed at the apartment the night before.
Police and coroner’s officials deemed Seery’s death suspicious after finding white cloth-like material in Seery’s throat. Mings was arrested that night after going to the police station and allegedly confessing to killing his friend.
Apparently, it was not the first time Seery sought help to end his life.
John Chester, a friend of the victim, said Seery approached him about two years ago and asked “how I would go about getting somebody to do that,” he told the grand jury. “I said, friends don’t ask friends those kind of questions.”
But Mings agreed to help Seery, describing it “as an act of love,” Davis police Cpl. James MacNiven testified. ”According to Mr. Mings, they had talked about the cleanest way to achieve this, and it was through asphyxiation.”
That morning, while an unsuspecting McDermott was in another room, Mings went into the bedroom and stood behind Seery, who “looked back and gave (Mings) a nod,” MacNiven said. “Mr. Seery told Mr. Mings, ‘If you’re not ready, I understand.’ ”
MacNiven said Mings recalled putting Seery in a choke hold by wrapping his right arm around Seery’s neck until he lost consciousness, and both men fell to the ground.
“He laid there with Kevin, and he started crying,” MacNiven said. He said Mings told him he blocked Seery’s throat to make sure he couldn’t breathe.
Super, the forensic pathologist, testified that he removed gauze, disposable moist towelettes and part of a tube sock from Seery’s throat during the autopsy. He also said Seery had suffered several broken bones as a result of the neck compressions.
The 18-member grand jury requested instructions for voluntary manslaughter during its deliberations but eventually returned the murder indictment, according to the transcript. Mings is due in court Dec. 14 for a trial-setting conference.
— Reach Lauren Keene at lkeene@davisenterprise.net or (530) 747-8048. Follow her on Twitter @laurenkeene
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Posted by Lauren Keene
on Dec 1 2011.
Last Login: Mon 21 May 2012 04:26:23 PM PDT
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