- Elizabeth Larson
- Posted On
Jury convicts Clearlake man of 2015 murder
LAKEPORT, Calif. – After less than four hours of deliberation, a jury on Tuesday found a Clearlake man guilty of a July 2015 drive-by shooting that claimed a man's life.
Billy Raymond Mount, 36, was convicted of second-degree murder for the shooting death of 40-year-old Steven Galvin on July 2, 2015.
In addition to the murder conviction, the jury found Mount guilty of assault with a firearm, discharge of a firearm from a vehicle, felon in possession of a firearm, as well as numerous special allegations, including shooting a firearm from a vehicle, discharge of a handgun, personal use of a firearm, inflicting great bodily injury and being a member of a criminal street gang, according to statements from Senior Deputy District Attorney Sharon Lerman and defense attorney Andrea Sullivan.
Lerman said the jury found that Mount – a known skinhead – had committed the crime for the benefit of, or with direction from, a criminal street gang.
Galvin had been walking through a neighborhood on 35th Avenue when witnesses said a small white pickup pulled up. Two shots were heard and Galvin collapsed in a nearby yard after being struck in the back by a .22-caliber bullet.
When the case's lead investigator, Det. Ryan Peterson of the Clearlake Police Department, arrived at the scene, paramedics were trying to examine Galvin, who was writhing on the ground and gasping, based on footage from Peterson's body camera shown in court both during opening and closing arguments.
Peterson asked Galvin, “Who did this to you?” Galvin clearly told him several times, “Cyclops,” the name for David Cox, another Clearlake resident and known skinhead who had several confrontations with Galvin over his belief that Galvin had stolen his tablet computer.
During about six weeks of trial Lerman had argued that it was Mount who committed the crime, with Cox and another man, Sean Whiteman, giving key testimony in the case.
Cox received a total of three immunity agreements during the different phases of the case – the initial investigation, the preliminary hearing and the trial – in exchange for truthful testimony, according to statements in court.
Some of his key testimony related to interactions with Mount, including a confrontation he said they had shortly before the shooting in which Cox called out Mount for a domestic violence issue. Cox also claimed that Mount confessed to him that he shot Galvin.
Mount had ridden in Whiteman's white Chevy S10 pickup to the shooting scene, according to Whiteman's testimony.
Whiteman also would lead police to a gun he said was used in the shooting. While there was DNA and fingerprint evidence on the weapon, experts were not able to lift the prints or DNA. They were, however, able to find a print and DNA from Mount on an AC/DC CD case in Whiteman's pickup, according to statements in court.
Sullivan, however, argued that Galvin's dying declaration held the truth – that it was Cox who had shot him. Galvin would die at the hospital less than an hour after the shooting.
Closing arguments had wrapped up on Friday, at which point the jurors began deliberating. Both Sullivan and Lerman estimated the jury was in session about an hour that day, before returning on Wednesday morning at 9 a.m. The verdict came in at about 11:30 a.m., and was read just before noon.
“I was very surprised,” Sullivan said of the verdict. “I thought that the evidence was pretty convincing that there was reasonable doubt in light of the witness credibility issues and the fact that there was a dying declaration and no physical evidence.”
Sullivan said she didn't believe the prosecution's theory made sense, and felt Whiteman had been caught in lies that discredited his testimony.
“It's hard to tell what they based their verdict on,” Sullivan said of the jury, explaining that while she sometimes polls jurors on their decisions, she did not feel it was appropriate to do so on Wednesday as one of the jurors was visibly crying.
For her part, Lerman said she believed justice was served by the jury's decision.
“It was a long trial and it wasn’t an easy one to sit as a juror,” she said, adding that she believed the jury showed a lot of patience and tenacity in reaching its verdict.
Lerman said she told Galvin's brother of the verdict, and he expressed relief that there was justice in the case.
As for Cox, Lerman said the immunity agreement is limited, which means that his testimony can't be used against him.
“It does not mean that he can never be charged,” she explained.
However, Lerman added, “As the evidence stands today, we don’t have evidence to charge him with,” and she didn't know if he actually directed Mount to shoot Galvin or if it was an unfortunate circumstance that Cox couldn't see coming.
Mount is scheduled to be sentenced at 1:30 p.m. Sept. 6 by Judge Andrew Blum, who has presided at his trial, Sullivan said.
Lerman said Mount is facing an indeterminate sentence of 25 years to life in state prison.
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