LAKE COUNTY — Timothy John Shaw, 46, and Paul Alva, 47, both formerly of Clearlake, were determined to be sexually violent predators after separate court trials Thursday in Dept. 2 of the Superior Court in Lakeport.
The case was prosecuted by Edward M. Borg of the Lake County District Attorney”s Office.
Shaw and Alva were represented by Douglas Rhoades. The Honorable Richard C. Martin presided over the trials, according to a press release from Richard F. Hinchcliff, Chief Deputy District Attorney.
Sexually violent predator proceedings are a form of civil commitment codified at Welfare and Institutions Code section 6600 et seq. All people convicted of felony crimes of sexual violence are evaluated by the California Department of Mental Health prior to their release on parole to determine if the inmate meets the criteria to be deemed a sexually violent predator.
At trial, to establish that a person is a sexually violent predator, the prosecutor must show beyond a reasonable doubt that: the inmate has been convicted of committing sexually violent offenses against one or more victims; the inmate has a diagnosed mental disorder; as a result of that diagnosed mental disorder, the inmate is a danger to the health and safety of others because it is likely that he will engage in sexually violent predatory criminal behavior; and that is necessary to keep him in custody in a secure facility to ensure the health and safety of others.
Alva was convicted of two violations of Penal Code section 288(a) on Sept. 9, 1993, in Santa Clara County. On June 19, 2000, Alva was convicted in Lake County of a violation of Penal Code section 647.6 (annoying or molesting a child); he was sentenced to 12 years in state prison.
Penal Code section 647.6 is typically a misdemeanor; however, because of his prior PC 288(a) convictions, in Alva”s case the charge was a felony.
Prior to his parole eligibility date of Aug. 3, 2009, Alva was evaluated by two Department of Mental Health physicians.
Each evaluator concluded that Alva suffered from a mental disorder, pedophilia, and that if released he was likely to engage in sexually violent predatory behavior.
Based upon these reports, the Lake County District Attorney”s office filed a petition alleging that Alva was a sexually violent predator on Aug. 13, 2009.
Based on the evidence presented at the court trial, Judge Martin found that the People had proven beyond a reasonable doubt that Alva was a sexually violent predator.
On Dec. 10, 1992 Shaw was convicted of four counts of violating Penal Code section 288(b) (lewd and lascivious act with a child younger than 14, by force) against three separate victims; he was sentenced to four consecutive prison terms of eight years each for an aggregate term of 32 years.
He became eligible for parole on May 17, 2010. Because of the nature of his underlying convictions, prior to his release Shaw was evaluated by two Department of Mental Health physicians to determine whether he met the criteria to be deemed a sexually violent predator.
Each evaluator concluded that Shaw suffered from a mental disorder, pedophilia, and that if released he was likely to engage in sexually violent predatory behavior. Based on these reports, the Lake County District Attorney”s office filed a petition alleging that Shaw was a sexually violent predator on June 2, 2010.
As with Alva, based on the evidence presented at the court trial, Judge Martin concluded that the People had proven beyond a reasonable doubt that Shaw was a sexually violent predator.
Judge Martin ordered both Alva and Shaw committed to the State Hospital at Coalinga for an indeterminate term.
Both Shaw and Alva will receive further treatment while incarcerated and will continue to be evaluated by medical and psychiatric staff at the California Department of Corrections.
Both men will continue to be incarcerated indefinitely unless they are determined in the future by the Department of Mental Health to be safe to release into society.
