It’s been over two years since the arrest of internet celebrity Caleb “Kai” McGillvary, for the murder of Joseph Galfy. Since the arrest, he’s been waging a legal battle from his jail cell, filing lawsuits in state and federal courts.
McGillvary says Galfy drugged him and sexually assaulted him.
McGillvary has filed one suit in Superior Court against a psychologist from the Union County Prosecutor’s Office, and another in federal court. The federal suit names 19 defendants, including the psychologist, the Union County Prosecutor’s Office and investigators in the criminal case.
Kai is claiming authorities violated his right to due process by destroying and failing to collect evidence.
“Prosecutions would result in immediate and irreparable damage to both society and myself,” McGillvary wrote in the complaint.
He also says authorities never investigated his claim of being sexually assaulted.
“Evidence relating to sexual assault is material to a claim of self defense,” he states. “A valid claim of self defense would exonerate claimant from criminal liability for all charges relating to his aggressor.”
According to the suit, Union County Assistant Prosecutor Scott Peterson told jurors that he showed no signs of being drugged after the May 12 incident. The suit claims authorities ignored statements from two witnesses that he appeared under the influence of drugs, and those statements were not presented to the grand jury.
It also states that semen was found on Galfy’s underwear, but Peterson told the grand jury that none was found.
In a recorded statement following the arrest, McGillvary said that he drank several beers at Galfy’s home and he was given food that he believes was drugged.
McGillvary said he passed out, and when he woke up on the floor, Galfy was pulling down his (McGillvary’s) pants.
He said he pushed Galfy away, and then passed out again, only to awake with a metallic taste in his mouth and semen on his face. That’s when he struck Galfy.
McGillvary gained celebrity status in February 2013 when he stopped an attack on a PG&E employee in Fresno by striking the assailant in the head with a hatchet.
LOL
This guy is a suspected serial killer. Glad he’s locked up. His lawsuits will go nowhere because prosecutors enjoy absolute immunity. So do the courts.