By
Scott Thomas Anderson
Two shots in the back. One in the side.
The revelation that Ken Zimmerman, according to prosecutors, fired his pistol at John O'Sullivan as the Irishman was fleeing their confrontation on his tractor had a jarring impact on an already-tense courtroom the morning of Sept. 4.
While attorneys debated over whether Zimmerman should be released on bail, friends and family members of the rival neighbors sat in stunned silence - at times becoming emotional and other times glaring quietly at one another.
The bail hearing for Zimmerman got underway on at 8:15 a.m. As soon as the doors to the courthouse opened, Zimmerman's supporters - most of whom believed his alleged shooting of O'Sullivan to be an act of defense after three years of claiming to fear his much-larger neighbor - began pouring in. O'Sullivan supporters, many of whom think the developer was coldly murdered over a misunderstanding, turned out in equal force. A number of O'Sullivan's friends wiped tears from their eyes as the proceedings started.
When court adjourned 40 minutes later, two details of the case that had not been made public before surfaced. The first was that Zimmerman's attorneys are claiming O'Sullivan had run over their client's feet with his tractor during a property invasion that sparked the shooting. The second, and more startling to some in the courtroom, was Deputy District Attorney Steven Hermanson's announcement that O'Sullivan had been shot in the back. Both assertions were made before Superior Court Judge Dave Richmond, as the two sides battled over whether Zimmerman should be freed to await trial.
"Ken Zimmerman has been a member of the Amador community for nearly four decades," said Public Defender Kyle Smith, who attempted to convince Richmond that Zimmerman was not a flight risk. "This court is filled with people this morning who would speak to the fact this is his home and that there's nowhere else he would want to go." Smith added that he felt Zimmerman was a "hard-working individual" who "embodies the principles" that Amador County stands for.
On the issue of whether Zimmerman poses a danger to society, Smith told Richmond, "This is an isolated incident. Prior to this, Mr. Zimmerman had a clean bill of health."
Hermanson saw things differently. The deputy district attorney asked Richmond to consider "the nature of the act itself," emphasizing, "Mr. Zimmerman shot the victim three times - once in the side, twice in the back. When asked by law enforcement on the scene what O'Sullivan was doing when he fired, he told them, quote, 'he was haulin' a-- out of here.' The night of the shooting Mr. Zimmerman also made a criminal threat against the victim's wife, Krista Clem, in which he told her, quote, 'you're f------ dead.' Your honor, from the 911 call Mr. Zimmerman made that night to dispatchers, in which he claimed 'you better get here quick before I shoot him,' we can see that when Mr. Zimmerman makes a threat, he is fully capable of acting on that threat. His release poses a danger to Ms. Clem."
Hermanson concluded his remarks by saying the O'Sullivans' young children, one of whom was present in the courtroom for Richmond to speak to if needed, were very frightened by the prospect of Zimmerman being released.
Throughout the time Hermanson spoke, Zimmerman sat between his attorneys, emphatically shaking his head. Smith soon rose to his defense, arguing that the quote about O'Sullivan "haulin' a-- out of here" had been taken "completely out of context" from what Zimmerman was saying to law enforcement. He also said that the threat Clem told detectives Zimmerman had made against her was "totally unsubstantiated" at this point.
"Mr. Zimmerman's face was struck and his feet had been run over by a tractor," Smith declared. "He was responding to violence that was forced upon him. This was a lawful act of self-defense. Mr. Zimmerman is not a danger."
Smith concluded his remarks by telling Richmond, "I can't stress enough that this was an isolated incident."
After hearing both sides, Richmond informed Smith and Zimmerman, "It may have been an isolated incident, but it resulted in the loss of a life ... Statements by Miss Clem about possible threats are also very concerning to this court. At this time, bail is denied."
Bill Murphy, a long-time friend of O'Sullivan, was relieved that Zimmerman was not released. "This is so upsetting to me in a lot of ways," Murphy said. "I've known John for years and he was a great person."
Murphy was also glad that new elements of the investigation had been made public. "I hope people in the community will start to understand that John was not the bad guy in this," he reflected.
Zimmerman's next hearing is slated for early October, when Richmond will decide whether the Amador County District Attorney's Office can continue as the prosecuting agency in the case.