Jury says man was legally sane when he shot sheriff’s deputy, finds him guilty

PORT ANGELES — A Clallam County jury has found Scott L. Davis guilty of first-degree attempted murder and first-degree assault for shooting Clallam County Sheriff’s Deputy Bill Cortani — hitting him twice — at a West End cabin in January 2009.

Davis will be sentenced Sept. 2 in Clallam County Superior Court. He could serve as many as 20 years in prison.

Davis, 60, showed no emotion as Judge Ken Williams read the verdict out loud.

The jury deliberated all day Friday and came to a decision as the courthouse was closing at about 4:30 p.m.

Defense attorney Harry Gasnick said he was “grossly disappointed” by the verdict.

Gasnick had argued that the retired Army major was legally insane when he shot Cortani in the left arm and hip.

Deb Kelly, Clallam County prosecuting attorney, maintained that Davis knew the difference between right and wrong.

“The jury was thoughtful and careful in reaching their decision and it is clear they understood the instructions on legal responsibility,” Kelly said.

“The verdict represents their further understanding that an armed assault on a law enforcement officer in Clallam County is not only an offense against that officer, it is an offense against all citizens of this county.”

In reaching their verdict, jury members concluded that Davis knew Cortani was a law enforcement officer when he shot the lawman, the jury said in its verdict read by the judge.

“I prosecuted this case because as prosecutor, it is ultimately my responsibility to protect and defend the law enforcement officers who protect and defend the rest of us, sometimes at the cost of their very lives,” Kelly added.

The county’s top prosecutor was congratulated by other attorneys and by Clallam County Sheriff Bill Benedict after the verdict was read.

“It’s a tragedy that something like this had to happen,” Benedict said.

“However, people need to be held accountable.”

Shootout

Cortani, 42, was investigating a trespassing complaint when Davis opened fire.

The Forks deputy took cover behind a beach log and, after Davis emptied his handgun and retrieved a 12-gauge shotgun, shot Davis in the stomach and arm and held him at gunpoint until backup arrived 30 minutes later.

Both men were treated at Harborview Medical Center in Seattle.

Cortani, who returned to his beat shortly after the incident, testified in court on Monday. The trial began on July 21.

“I’m glad that they ruled the way they did,” said Cortani, who was patrolling the West End on Friday.

“More so, I’m glad that it’s over. My concern was that he gets the supervision he needs so this situation never repeats itself.

“If they [the jury] went the insanity route, he could have been back out within a few years.”

Before Davis is sentenced, the state Department of Corrections will prepare a pre-sentencing investigation.

Bipolar disorder

As the defense was making its case, Gasnick called a Seattle neuropsychologist to the stand who testified that Davis, who retired from the Army with the rank of major in 1991, had bipolar 1 disorder and was possibly not taking his medications on the day of the shootout.

Cortani said that Davis was making a choice when he decided not to take his medication.

Davis’ sister, Jenny Davis, had testified that her brother visited her while concealing a python in his shirt, talked about a threat of cannibalism after a collapse of the world economy, and said that he was preparing for the end by setting up an illegal survival camp of tents in the Hamma Hamma area of Olympic National Park.

For his actions in the incident, Cortani has received numerous awards and citations. He received the state Law Enforcement Medal of Honor — the state’s highest law enforcement award — in May.

Cortani said he tries not to let the incident affect him or his family.

He added that his encounter with Davis on Jan. 19, 2009, makes him appreciate everyday life.

________

Reporter Rob Ollikainen can be reached at 360-417-3537 or at rob.ollikainen@peninsuladailynews.com.

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