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    Murder Mixtape 180: Ellie Nesler

    September 8, 2022

    In the small town of Jamestown, California, Daniel Mark Driver was on trial facing child abuse charges against multiple boys.  Willie Nesler was a victim of Driver’s who was set to testify after a lunch break, but before he had the opportunity, his mother, Ellie took matters into her own hands and shot driver 5 times in the head and neck.  Nesler would receive world wide support and condemnation for her actions, which would spark a national debate about Vigilantism. 

    Jamestown, CA. and the Neslers

    Jamestown, California was established in 1848 during the California Gold Rush.  When gold was discovered in Coloma, California in 1848, an estimated 300k people flocked to California from the rest of the US and throughout the world.  Over the course of its mining history, an estimated $30 Million worth of gold and ore came out of mines in or around Jamestown.  In pop culture, Jamestown is recognizable to some because it was the location of scenes from Back to the Future 3 and Hidalgo.  But for the most part, it’s just a small town without a lot of the hustle and bustle of larger cities like Modesto which is about 45 miles or so Southwest.  Modesto has a population of around 215K where Jamestown has a population of around 3300…

    Ellie Nesler was one of three daughters and the oldest in the family.  Her father was a coal miner, and her mother, Marie, came from a family of hard working people who didn’t “suffer fools,” as people put it.  Marie has been described as as protective as a mama bear when you go after her cub, but she also expected her children to be able to fend for themselves if the need arose.  Everyone had to pull their own weight, and as a teen, Ellie began to take odd jobs and do whatever she could to bring in money for the family.  Times were tough and money was TIGHT.   She did everything from working on cattle ranches to digging ditches to repairing cars.  

    When Ellie was very young, late teens – early twenties, she met and married a man, then just as quickly divorced.  After that, she met Bill Nesler.  Bill was a miner like Ellie’s father, as well as a pilot who flew a crop duster.  The two married and in 1982, welcomed Willie Nesler to the world.  Bill grew up in the area and knew all the stories and legends of the gold country.  He had heard about old timers striking it rich with nothing more than a pan and determination.  He also knew that the land that surrounded them had been mined out years ago, and there was very little left, definitely not enough to strike it rich.  

    With that in mind, Bill moved the family to Liberia, West Africa. At the time, there was a new gold rush taking place there, bringing many people from all over the world.  While there, Ellie gave birth to the couple’s daughter, Becky.  Shortly after Becky was born though, a civil war broke out in the country, and Ellie left with the children for their safety.  Bill remained back in West Africa, and Ellie settled back in Jamestown.  

    Back home though, things were tough financially.  Ellie scraped by with assistance from the state and worked when she could.  Although things were tough, Ellie had her family close by.  She also had a support group at church that she leaned on.  Growing up in a Christian home, faith was a big part of her life, attending church regularly with her sister and children.  

    Ellie, like her mother, was very protective of Willie and Becky.  Marie described them by saying, “We’re like rattlesnakes.  You don’t know we’re there until someone steps on us.”  She also told Ellie and her sisters growing up that being a woman in the area meant that a lot of times, you would often go it alone.  Trust the lord, but pack a pistol just in case.  Do not seek trouble, but if trouble finds you, strike first. 

    As we mentioned, Ellie was very protective of her children, some thought over protective.  She wouldn’t let Willie go to friends’ houses or have sleepovers, etc.  In the summer of 1988, their church was getting ready to have their annual sleep away camp for the children.  Willie, 6 years old at the time, begged and pleaded with Ellie to let him go.  Initially, she flat out refused.  Ellie’s feeling of wanting to protect her children came from her own childhood.  She had been molested when she was around Willie’s age.  She told her mother what happened, and Marie chased the man with a shotgun, and told the man that if he didn’t leave town, he’d be leaving in a pine box.  

    As the camp got closer and closer, Willie kept asking to go.  Eventually, Willie’s aunt Jan talked Ellie into letting Willie go, saying that Willie would be with people that they knew and trusted from the church.  For 3 weeks, Willie camped and lived in cabins with his friends and made arts and crafts.  Before he left, Willie was stoked and excited to do everything.  When he returned though, he was like a different person altogether.  He was a shell of himself, oftentimes angry or just sad.  

    All of his family members tried to talk to him, but Willie told them to leave him alone and stop treating him like a baby.  Ellie and her sister talked and thought it might be an effect from seeing the other boys with male role models, which made him miss his own father.  By this time, Bill wasn’t really in their lives anymore.  Ellie hoped that this was only a phase and once Willie returned to school in a few weeks everything would return to normal. 

    Daniel Driver

    When Willie started back at school, things didn’t get better.  They got worse, as he began to pull away further.  He would have violent outbursts and get into fights.  It would be almost a year before anyone learned the true cause of Willie’s change.  

    Daniel Driver was 35  years old and attended the same church as Ellie.  Daniel’s mother lived in the area, and he had recently moved back to be closer to her.  He was active in the church, oftentimes offering his help to the church itself or its members.  He always carried a bible around with him and was able to recite scripture from the top of his head without problem.  He worked at the summer camps as a dishwasher.  

    The children at the church always responded well to Daniel, because he always put forth an effort to talk and help them.  Many of the young boys looked up to him as a father figure of sorts, since their parents were divorced.  Many of the mothers were thrilled with Daniel’s help because they were unsure of what a boy needed from a father figure.  They said that Daniel had the ability to get the boys to open up to him and just talk, something they rarely if ever did with their mothers.   

    In the time before going to camp, Willie loved hanging out with Daniel and spending time with him, but when he got home, Willie didn’t want to be around Daniel.  He fought with his sister constantly and talked back to Ellie, when he never did before.  

    Sometimes to give Ellie a reprieve from the constant struggle of Willie’s acting out, Jan would take him for the weekends.  About 9 months or so after the camp, Jan took him for a weekend at her house with his cousins.  When he was there, she tried to talk to him and get him to tell her what was going on.  That weekend, Willie was quieter than normal and completely withdrawn from everything and everyone.  Jan kept talking with him, trying to get him to open up, and finally, Willie told her he had something to tell her but she had to promise to never tell anyone else, not even Ellie.  

    Jan agreed and told Willie that he could tell her anything, any time.  Willie began to tell Jan about Daniel molesting him when he was at the summer camp.  Willie loved animals, and at the camp, Daniel told him he would take him alone to see frogs and other creatures that lived in the woods.  Willie followed Daniel Driver and when they were alone, Driver began to molest him.  Over the course of the camp, Driver raped and molested Willie.  He told him that if he told anyone, he would kill him and his family.  When Willie got back home, the abuse didn’t stop.  Driver stalked Willie and made threats against him and his family to keep Willie from talking.  For several months, the abuse continued.  By the time Willie talked to Jan though, Driver had skipped town and was nowhere to be found. 

    Jan told Willie that she knew that she made a promise, but she couldn’t keep this secret, she had to tell people.  She told Ellie, and Ellie was upset obviously, but she blamed herself for not following her instincts and keeping Willie from the summer camp.  Though Driver had skipped town, Willie still felt like he would make good on his threats.  He often came home from school crying or having panic attacks saying he saw Driver’s car.  He got headaches and stomach aches constantly from the stress.  

    The Nesler family reported everything to the police, and that’s when the police ran Driver’s info and discovered he had a record and history of molesting young boys.  In 1984, he was accused of committing lewd acts on 5 boys in the San Jose Area.  He was arrested and leading up to his hearing, the people who attended church with Daniel all wrote letters to the judge and after reading all the letters, the judge decided that he would  just give Driver probation, no jail time.  

    After this, Driver returned to live near his mother and began to date a woman with a young son while working at a different church camp.  The woman began to notice that Driver acted differently with her son and other young boys.  She asked her son if Driver had ever touched him inappropriately, and her son said no.  A few months later though, she walked in her house and caught Driver trying to touch her son inappropriately.  She threw him out and called a friend who worked with the district attorney who then ran a check on Driver.  They discovered that Driver had served 5 months in jail in 1983 for felony child molestation.  

    After Ellie filed her complaint against driver, the investigators began to interview other families who had dealt with Driver.  The story was always the same, typically divorced households with no father figure. He used his standing with a church to reassure them that everything was okay.  He focused on the young boys, showering them with gifts and attention.  After abusing the boys, he threatened them and their families. 

    Charges were filed against Driver in 1989 for molesting four different boys in the county.  Driver was underground and his whereabouts were unknown.  Willie was still acting out.  He got in several fights at school, and became what many described as  just the mean bully.  In grade school alone, he had to change schools three times.  

    In 1993, Driver was caught shoplifting in Palo Alto, CA.  He pled guilty to the theft charge, was transferred to face the molestation charges.   Once Driver was caught, the fear didn’t stop for Willie though.  He began to stress and worry about having to see Driver in court to testify against him.  He would hyperventilate and vomit whenever someone asked about it.  Ellie spoke with the district attorney to try to set up a way for Willie to testify without being in the courtroom with Driver, but they told her that due to his constitutional right to face his accusers, Willie would have to be in court.  In some cases, closed circuit tv could be used to keep the accused and witnesses in separate rooms while testifying, but the small community didn’t have the budget to set it up.  Willie would have to face Driver in court along with the other boys.

    April 2nd, 1993

    Driver’s trial was underway, and Willie along with the other boys Driver molested were scheduled to testify on April 2nd, 1993.  By this time, Willie was 11 years old, and he would be one of the last to testify.  When they got out of the car in front of the courtroom, Willie didn’t even want to get out of the car. He began to hyperventilate and vomited.  Ellie assured him that he could do it and that he could put Driver in prison so he wouldn’t hurt anyone again.  

    Ellie, Willie, Jan, and a cousin waited outside to be called in to testify.  While waiting, a van pulled up and Driver exited, being transported to court.  As soon as Willie heard that Driver was there, he began to get sick.  Ellie grabbed a trash can for him to throw up in and as he did, Ellie looked at Driver as he entered the court.  She said later that as he entered, they made eye contact and he just smirked and walked in.

    As they waited, Driver’s former girlfriend exited the courtroom with her son who also testified.   Ellie said that she shook her head at Ellie, telling her that the trial wasn’t going well for them.  She said that the boys were all so nervous and that the defense attorney was using that nervousness and tripping them up during questioning.  Ellie said that’s when she began to panic, thinking that Driver might get away with it.  She knew that if Driver wasn’t put in prison, Willie would never feel safe again.  She felt like she had to do something.  

    The courthouse they were using was oldddddd, no metal detectors or anything.  Many people in their small community carried weapons with them, including Jan, Ellie’s sister.  

    Ellie walked over to Jan’s purse and got the gun.  Some accounts say that Ellie went to the purse to get an antacid then found the gun, some say she went to the purse knowing the gun was there.  Either way, she got the gun and entered the courtroom and emptied the gun’s six bullets towards Driver.  5 bullets struck him in the back of the head / neck.  Witnesses and lawyers scattered.  Deputies rushed in with guns drawn.  Jan jumped in front of her sister and told them not to shoot.  Ellie dropped the gun and put her hands up.  Driver was dead. 

    Instantly the story of the Vigilante Mom who served frontier justice for her son spread throughout the country, sparking a debate of vigilante justice.  Within a week of the killing, the small town boomed with the media.  Ellie became a folk hero of sorts, with the townspeople having her back.  Two local banks set up defense funds for people to donate to.  T-shirts and bumper stickers were made saying, “Nice Shooting, Ellie.”  Many rallied around Ellie saying that she did what the courts couldn’t or wouldn’t.  

    She was held on a half million dollar bail, which a Sacramento bondsman posted, allowing her to go home.  Not everyone thought what she did was right though.  After her release Ellie gave one interview in which she said, “I may not be God, but I tell you what, I’m the closest damn thing to it.”  The media portrayed Ellie as the church going lady who defended her child.  

    Investigators discovered that there was more to the story though.  Tests showed that she was high on meth when she killed Driver.  Ellie was diagnosed with breast cancer in October of 1993, and given 5 years to live.    Ellie was charged with Voluntary Manslaughter and found guilty.  She was given 10 years.  Her conviction was overturned due to jury misconduct, and she made a deal with the prosecution.  She pleaded guilty to manslaughter and was released after serving three years.  

    Willie grew up in and out of the courts and jail.  After Ellie went to prison, he became more angry and acted out.  His first time into the criminal system was when he was 14.  Between 1999 and 2004, he was booked into the county jail 18 times for various charges including robbery, battery, weapon, and drug charges.  In 2004, Willlie was 23and  lived on property the family owned, working odd jobs here and there.  He was cleaning up the property along with another man, David Davis, who had been disabled while working in the oil fields.  In June of 2004, the men got into an argument about some missing tools and the police were called.  While deputies were there, Willie lunged at and punched David Davis.  Willie was arrested and given 60 days, but was released after serving 30 days, on July 26th, 2004.  Within an hour of being released, he went back to the property and confronted Davis.  Davis attempted to run, but wasn’t able to because of his disability.  Willy stomped and kicked him to death and fled.  He was caught a few days later and charged with first degree murder.  He was found guilty and given 25 years to life.  

    Before that though in 2002, Ellie had been arrested again… for selling and possessing methamphetamine that she bought from a police informant.  She bought 10,000 pseudoephedrine tablets for making meth.  She pled guilty and was given 6 years in prison.  After serving four years, Ellie was released in 2006.  Then on December 26th, 2008, Ellie Nesler died of breast cancer at the age of 56.  The story was made into a 1999 TV movie “Judgment Day: The Ellie Nesler Story.”

    sources for this episode

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