LAKEPORT >> The second filing of the People vs. Billy Ray Mount is now underway. The jury trial selection of 12 regular jurors and four alternates was completed last week.
Billy Ray Mount, 36, of Clearlake, is accused of killing Steven Galvin, aka “T-Bone”, 40, outside of a home in the 15000 block of 35th Avenue in broad daylight July 2, 2015.
The charges were read to the defendant Mount, who appeared clean shaven and wearing a white button up shirt and dress slacks. Mount pleaded not guilty to the charges of Murder, Assault With Semiautomatic Rifle On Person, Maliciously Shoot From Vehicle At Person, Convicted Felon In Possession Of A Firearm and Possess Firearm within 10 Years Of Conviction.
Judge Andrew Blum reminded the jurors that the burden is on the People to prove this case beyond a reasonable doubt.
A pivotal issue in this case involves Galvin allegedly identifying a man other than Mount as his assailant moments before he died. The defense argued that “things are exactly as they seem,” but the prosecution contended it has evidence to prove Mount was indeed the shooter.
In her opening statement, Lake County Deputy District Attorney Sharon Lerman displayed a picture of Steven Galvin on the courtroom projector as she spoke of the victim walking alone, headed east on 35th Avenue around 3:40 p.m. on July 2, 2015 when a small white truck pulled up and two gunshots rang out.
Lerman stated that Galvin was “alone in the front yard, rolling in pain, mumbling and not making sense,” when Clearlake Police Detective Elvis Cook and Officer Matthew Huot first arrived at the scene. Galvin suffered two gunshot wounds and died within an hour at St. Helena Hospital Clear Lake, according to statements in court.
Lerman alleged in the opening statement that when Clearlake Police Detective Ryan Peterson arrived at the scene, he asked, “Steven, who did this to you?” Steven responded, “Cyclops”, and then repeated “Cyclops” two more times. David Cox, aka “Cyclops” is recognized by law enforcement as a known skinhead and white supremacist.
According to Lerman, Galvin said he was having trouble breathing, needed air and begged for help and “these were the last things, that we know, Mr. Galvin said.” Detective Peterson allowed paramedics to perform their life savings efforts on Galvin.
Cox was located and detained within an hour of the incident. Lerman contended “that’s not where this case ends.” The prosecution maintains that Galvin did not and could not finish his entire story.
A few days after the shooting, Clearlake resident, Sean Whiteman told police that he was driving the white pickup truck and that Mount had used a handgun to shoot and fatally wound Galvin. Lerman stated that Whiteman led police to “the very gun that was used to kill Steven.”
Based on forensic evidence, Mount’s DNA and fingerprint was reportedly found on a CD cover inside Whiteman’s truck.
Lerman further explained the alleged reasoning behind Galvin accusing “Cyclops” as his attacker, was due to the fact that Galvin knew Cox, “Cyclops” was angry at him. Cox believed Steven had stolen his tablet computer and Cyclops allegedly instructed all skinheads in his group to go “boots down,” a slang phrases meaning to go after him.
According to Lerman, Mount and Cox had a meeting at a residence in Clearlake about an hour before the shooting, and it was later reported that Mount had been with Whiteman in his pickup truck the day of the shooting.
Cox has been granted limited immunity in this case.
Defense Attorney Anakalia Sullivan advised the jury to “keep an open mind, and listen to Steven’s words.” Sullivan stated that this case is not about a closed door meeting, but “sometimes things are exactly as they seem.”
Sullivan argued that the “beef” Cox had with Galvin escalated over months, which led to them pulling guns on each other on more than one occasion. She told the jury that Cox had multiples opportunities to commit the murder.
According to Sullivan, Cox was the gunman, not Mount, and none of the eyewitnesses could identify Mount as the shooter.
Sullivan also argued there is no physical evidence presented in this case in the form of fingerprints, DNA or gun residue and that witness Sean Whiteman has been discredited. Sullivan advised the jury that “this case is about the evidence in front of you and the evidence not in front of you.”
Clearlake Police Detective Elvis Cook took the stand first, followed by Officer Matthew Huot, who were the first to respond to the scene of the shooting. Cook told the court the call came in from dispatch as “shots fired, possible gunshot wound.”
Galvin was transported to St. Helena Hospital Clear Lake, where he later succumbed to his injuries.
Next to take the stand was paramedic, Jason Trudell, a 14 year veteran of the Lake County Fire Protection District who was also dispatched to the reported shooting. Trudell testified that Galvin was in a lot of pain, repeating he was having problems breathing. Galvin’s wounds were located on the right side of his chest and the left side of his back with no external bleeding.
According to Trudell, Galvin was coughing up a “pinkish-tinged fluid,” which suggested to Trudell that Galvin suffered a possible lung injury. In route to the hospital, Galvin lost consciousness, then regained, before his pulse stopped and he later died at the hospital emergency room.
Lerman played footage from Clearlake Detective Ryan Peterson’s body camera as part of his testimony, which showed Peterson arriving at the scene, approaching Galvin, who was lying face down, continually squirming. Peterson asked Galvin who was responsible for his attack and he intelligibly replied, “Cyclops.”
According to Peterson, ten subjects, including Cox, were contacted and interviewed. Only two individuals had information to provide.
Peterson testified he contacted Jeremy Green on July 5, 2015 at his residence in Clearlake, which is red-tagged and of squalor conditions. Peterson stated he observed Green to be nervous, having “a stale alcohol smell.”
Green told Peterson Mount confessed to the shooting and told him “I messed up and shot someone.”
Jeremy Green, who claims to be like a brother to Mount, had a different testimony to offer to the court on Friday. Green testified “he was out of it” when Detective Peterson showed up “out of the blue.” Green stated he was scared and high on a mix of heroine and speed.
Lerman questioned Green and asked him if he remembered telling Detective Peterson that Billy told him, “I messed up and shot someone.” Green responded, “No. I was scared and high on drugs.”
Green testified that he only remembered “bits and pieces” of the conversation with Detective Peterson and he does not remember bringing up Mount and the shooting.
Green stated he and Mount were drinking at the park and got a ride from Sean (Whiteman), who drove them in his small white truck to “Cyclop’s” location to get drugs.
Lerman asked Green if he remembered seeing “Cyclops” at the house. Green responded “Vaguely.” Green testified Mount and Cyclops were having a discussion in another room, which lasted maybe 20 minutes. Then, they left.
During cross examination by Sullivan, Green said he thought he was being implicated. Sullivan asked “Would you lie in court to protect your friend?” Green responded, “I haven’t lied yet.”
The case continues this week.
