Andrew Mickel

Case record: Andrew “Andy” Mickel

Status / legal outcome

Andrew “Andy” Mickel was convicted of one count of first-degree murder in April 2005. He was subsequently sentenced to death on April 28, 2005. He was held on Death Row at San Quentin State Prison while awaiting his automatic appeal to the California Supreme Court.

In September 2009, the California Supreme Court appointed attorney Lawrence A. Gibbs to represent Mickel for his automatic appeal, declaring: “In California, a criminal defendant has no right to represent himself or herself on appeal.”

Timeline

• November 19, 2002 (1:27 am) — Andrew Mickel shot and killed Officer David Mobilio of the Red Bluff Police Department.
• November 19, 2002 — A handmade “Don’t Tread on Us” flag was left beside Mobilio’s body.
• Six days after November 19, 2002 — Internet postings appeared about the killing, reading: “Hello Everyone, my name’s Andy. I killed a Police Officer in Red Bluff, California in a motion to bring attention to, and halt, the police-state tactics that have come to be used throughout our country. Now I'm coming forward, to explain that this killing was also an action against corporate irresponsibility.”
• April 2005 — Mickel was convicted of one count of first-degree murder.
• April 28, 2005 — Mickel was sentenced to death.
• September 2009 — The California Supreme Court appointed Lawrence A. Gibbs for the automatic appeal.
• November 2010 — Gibbs received an extension to file the appeal brief by January 14, 2011.

Background

Andrew “Andy” Mickel was born March 13, 1979. He had been a former resident of Springfield, Ohio. He graduated from Springfield’s North High School in 1998. He served three years with the U.S. Army’s 101st Airborne Division before attending Evergreen State College.

The offence

On November 19, 2002 at 1:27 am, Mickel shot and killed Officer David Mobilio of the Red Bluff Police Department.

Officer Mobilio was married to Linda Mobilio and had one son, Luke. He was regularly assigned to the D.A.R.E. program. He was working for a “sick officer” the night he was killed.

Mobilio was shot twice in the back and once in the head at “very close range”.

There were no witnesses to the killing. The crime would have gone unsolved had it not been for Internet postings about the crime six days later.

A handmade “Don’t Tread on Us” flag was left beside Mobilio’s body.

A confession was posted online six days after the shooting. The postings read: “Hello Everyone, my name's Andy.

The posting was signed “Andy McCrae,” an alias of Mickel’s.

Mickel also said that: “prior to my actions in Red Bluff, I formed a corporation under the name 'Proud and Insolent Youth Incorporated', so that I could use the destructive immunity of corporations and turn it on something that actually should be destroyed.”

The name was taken from the novel Peter Pan written by Scottish author J. M. Barrie. Mickel wrote: “Just before their final duel and Capt. Hook's demise, Hook said to Peter, 'Proud and insolent youth, prepare to meet thy doom.'”

Investigation and online postings

Investigators concluded that the flag left beside Mobilio’s body had been used as part of the killing. They also learned that the suspected assailant had Army Ranger training.

The Internet postings led to the case being pursued, and investigators later identified the alias used in the signed statement.

Arrest and pretrial events

Several days after the slaying of Mobilio, Mickel flew from Washington state to New Hampshire and checked into a Holiday Inn in Concord, across the street from the statehouse.

The Mickels spoke by telephone with their son the day before his arrest. During their conversation, Andy Mickel confessed to the killing, and his parents turned him in.

Mickel was arrested the next day at the Holiday Inn. For hours he was surrounded by a SWAT team that tried to coax him out. Finally, they agreed to Mickel’s request to allow him to speak with a local reporter, Sarah Vos of the Concord Monitor. Agents handed Vos a telephone in the hotel lobby and told her to listen.

Vos told reporters at the scene that Mickel said: “I killed a cop in Red Bluff, California, in an effort to protest police brutality” and asked her to read his declaration of independence posting. He then came out with his hands up.

At his New Hampshire arraignment, Mickel appeared shirtless, wrapped in a blanket, with a bandage around his head. Police told reporters he had declared himself a political prisoner.

Mickel’s parents hired an attorney, Mark Sisti, to defend him. Sisti sought to challenge Mickel’s competency and got a mental health expert to examine Mickel and his writings. The report was sealed by the court.

Sisti said: “Significant psychiatric disorders were identified,” and he also said that the judge ruled the court did not need to hear evidence on Mickel’s mental competency because it was an extradition hearing.

As Sisti sought to file an appeal with the New Hampshire Supreme Court, Mickel was shipped out to California and the matter of competency was dropped.

Trial

The capital murder trial against Mickel began 10 days before the Washington Post April 4, 2005 report describes it, in Colusa County. The trial was moved there from Red Bluff because of publicity in Red Bluff.

Representation and self-representation

Mickel insisted on representing himself during his trial. He waived his right to counsel and insisted that he represent himself in court. During trial proceedings, he faced the possibility of a death sentence if convicted.

A district attorney prosecuting the case, Gregg Cohen, declined to be interviewed for the article but said in the hallway of the courthouse in Colusa that there had not been any competency hearing for Mickel because it was dealt with in New Hampshire.

In pretrial proceedings, Colusa County Superior Court Judge S. William Abel did not raise the issue of competency. Attorney James Reichle was appointed to serve as Mickel’s “advisory counsel.”

Reichle said: “And the law is that if you are competent enough to waive the right to an attorney, then you are competent enough to represent yourself,” and: “A normal person could ask how could anyone sane do this, but that is not a legal issue.”

Reichle also said: “He is sensitive about it because he wants to make a statement and he doesn't want the jury to see him as some crazy wacko,” and: “Mickel remains adamant that his history of depression should remain out of bounds, Reichle says, and he believes the defendant should have that right.” Reichle said: “Everybody in America is on Prozac.”

Reichle said: “He is extremely bright,” and: “He just thinks differently from you and me.”

Plea and opening statements

Mickel pleaded not guilty.

In his opening statement to the jury, Mickel told the jury: “I want to tell you that I did ambush and kill David Mobilio.”

Mickel told jurors that: “He promised to provide his side during the trial,” and he also told the jury: “I’m going to have to tell you that stuff later.” and: “I don't have a sound-bite defense.”

The police officer’s widow was weeping in the courtroom. Mickel did not express remorse.

Mickel held up a ball that was black on one side and white on the other and told jurors they were getting only one side of the story.

The manifesto and written materials at trial

Prior to his arrest, a manifesto appeared online on more than a dozen web sites operated by the Independent Media Center.

The manifesto included the “Don’t Tread on Us” association and called for an action against corporate irresponsibility.

Mickel wrote about incorporating: “prior to my action in Red Bluff, I formed a corporation under the name 'Proud and Insolent Youth Incorporated,' so that I could use the destructive immunity of corporations and turn it on something that actually should be destroyed.”

He also wrote: “Now, Peter Pan hates pirates, and I hate pirates, and corporations are nothing but a bunch of pirates,” and: “It's time to send them to a watery grave, and rip them completely out of our lives.”

Mickel wrote that he was incorporating to shield himself from prosecution, urged everyone to join his board of directors, and stated that his stock would be free.

He called for insurrection and a national strike and mass resistance. He added: “But don't do anything you're uncomfortable with,” and: “and don't pressure anyone else into anything they're uncomfortable with.”

Mickel also wrote: “If this be treason, make the most of it” and: “Teenagers! Smash it while your youth still helps you to see it!”

A story Mickel wrote and sent to a friend while in jail was titled “The Just Barely Short of Holy Bible (The Story of Uz) by Andy Mickel.” The text included passages where he wrote: “I have been sent by ANDREW, Author of the Story. Thus saith He -- Let My People Go!” He also included: “JEHOVAH!!! YOU IDIOTIC WHORE!!! YOU MAGGOT!!! YOU CAN'T UNDERSTAND THIS, DOWN HERE!!! YOU DON'T KNOW WHAT YOU'RE DOING, YOU TYRANT!!! YOU DON'T LOVE ME!!! YOU DON'T LOVE ME!!!!! BUT I DON'T CARE, BECAUSE I HATE YOU!!!!!”

The end of the story included a line by the author: “That’s how the story ends -- Character went to Hell,” as Mickel wrote.

On the last page, Mickel scrawled a crude, sad-eyed cartoon face with a screaming, open mouth, and in the back of the figure’s throat he inked: “I'm finished with exams.”

Sentencing

In April 2005, Mickel was convicted of one count of first-degree murder. He was sentenced to death. His death sentence date was April 28, 2005.

Appeals

Gibbs to represent Mickel for his automatic appeal after declaring: “In California, a criminal defendant has no right to represent himself or herself on appeal.”

In November 2010, Gibbs received an extension to file the appeal brief by January 14, 2011.

Other details

Mickel had corresponded with friends from jail and sent a copy of his story to Ben Poston.

In an interview shortly before trial at the Colusa County jail, Mickel wore an orange striped shirt, orange drawstring pants, and slippers. He carried a manila folder and a pen and pad.

During that interview, when asked how he chose the assumed name McCrae, Mickel said: “Where did you get that?” and: “I chose the name from the character Augustus McCrae, the ex-Texas Ranger in the Larry McMurtry novel "Lonesome Dove."”

When asked why he was representing himself, Mickel said: “From the beginning,” and: “I knew that's the way it had to be.”

When asked why, Mickel said: “I do think I'm doing something important.”

Mickel told the reporter: “Don't write that part down.” He also warned that he was not some “lone wolf” or “some crazy Ted Kaczynski.”

Asked what his defense was, Mickel said: “I'm not going into that.” and: “It'll all be out there in court.”

When asked about medication, Mickel said: “I'm not going to get into that.”

Mickel said: “I’ve learned a lot about myself while in jail,” and: “Not to sound cheesy, but it's been a growing experience for me.”

When asked about getting media attention, Mickel said: “Everyone thinks I did this to get media attention and to read about myself in the newspaper,” and: “That is "absurd," he says.” He also said: “I do think I'm doing something important and that people understand what this is about. I want the media to cover this for that purpose. Not for me.”

Mickel said: “I don't think they like me,”

The district attorney for the case was Gregg Cohen. Colusa County Superior Court Judge S. William Abel presided over pretrial proceedings mentioned in the case narrative. Mickel’s advisory counsel was James Reichle.

Mickel’s parents were Karen and Stan Mickel, described as churchgoing college professors. They had been quoted referring to Mickel as Theodore Kaczynski, aka the Unabomber, and described him as wrong but mentally ill and should be treated as such.

A quote attributed to Springfield Police Chief Steve Moody was: “You know, in many criminal cases, people won't step up and say what they know, and this is their son,” and: “Even though he did this horrific act, even though they love their son. They did the right thing.”