True Crime All The Time - Kai McGillvary

Episode Date: May 15, 2023

Kai McGillvary went viral in February 2013 for beating a man with a hatchet when the man hit someone with his car and attacked a woman. Kai became known as the “Hatchet-Wielding Hitchhiker....” He was considered a hero, but just a few months later, he was arrested for the murder of a 73-year-old man.Join Mike and Gibby as they discuss Kai McGillvary. Kai stated that he had a very rough childhood and experienced physical and sexual abuse. His story was that 73-year-old Joseph Galfy Jr. had drugged and sexually assaulted him. While fighting back, he hit Galfy, and the man died. But the police and the prosecution didn't see it that way. Who would the jury believe?You can support the show at patreon.com/truecrimeallthetimeVisit our website truecrimeallthetime.com for contact, merchandise, and donation informationAn Emash Digital productionSee Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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Starting point is 00:00:33 Hello everyone and welcome to episode 333 of the True Crime All the Time podcast. I'm Mike Ferguson and with me as always is my partner in True Crime. Mike Gibson. How are you? Hey man. I'm doing good. How about you? I'm doing very well.
Starting point is 00:00:46 Having a good week. The weather's nice. I've been outside a little bit. So I'm glad, man. I'm ready to get outside, do some stuff, not be cooped up. You ready to meet the public? No. No.
Starting point is 00:01:00 No. No. That's not in the cars. Let's go ahead and give our Patreon shoutouts. We had Aaron Matthews jump out at our highest level. Hey, thank you, Aaron. Heather Smith jumped out of our highest level. Awesome, Heather.
Starting point is 00:01:10 Jessica Bryant jumped out of our highest level. Thank you, Jessica. We had Carolyn Simmons Croft. Hey, how you doing, Croft? Lenea Bethel. Ah, LeNeah. Hillary. Megan Decker.
Starting point is 00:01:23 What's going on, Decker? M.J. Jenkins. Thank you, MJ. Lisa G. Lisa G. G. jumped out of our highest level. Well, what up, G. Rhonda Schaver. Hey, Shavar.
Starting point is 00:01:32 Linda Best. There's Linda. Emily Ann. Well, thank you, Emily. Tamara Wulgamuth. Hey, Wulamuth. Tabitha Wincoup or Winecoop. It's going to be Wine Coop.
Starting point is 00:01:43 Yeah, probably. Yeah. Priscilla Switzer. Hey, Priscilla. And last but not least, nosy Rosie. Noisy, Rosie. No way. Way.
Starting point is 00:01:53 And then if we go back into the vault. This week, we selected Shane McCartney. Hey, McCartney. And then we had a great PayPal. donation from Ann Kelly. So we appreciate all the support that we get. We really do. Gibbs right now on True Crime All the Time Unsolved,
Starting point is 00:02:10 we have an episode out on Daniel Robinson. In 2021, Daniel Robinson drove away from his job site in Buckeye, Arizona. They found his car about a month later, but they never found him. We'll talk about some fascinating things. They discover when they find his.
Starting point is 00:02:32 vehicle. So make sure you check that out. All right, buddy, are you ready to get into this episode of true crime all the time? Man, I am ready. We're talking about the case of Kai McGilvery. Kai McGilvery went viral in February 2013 for beating a man with a hatchet when, you know, this guy hit someone with his car and attacked a woman. Kai became known as the hatchet wielding hitchhiker. He was considered a hit. He was considered a hit. He was considered a hit. hero. He was at one point. Yeah, but just a few months later, he was arrested for the murder of a 73 year old man. So he goes from a hero to zero. Yeah, yeah, we'll talk about him. You know, some people might have seen the Netflix special that they did. The thing about going viral,
Starting point is 00:03:22 and he was on Jimmy Kimmel. I mean, that's how big of a deal it was. Yeah. You don't really know who these people are. You don't know, you know, what they're dealing with, what their past was like. And we're going to get into all of that. Because a lot of people, when they talk about this case, they really point to this guy's background. And, you know, it's a, it's a major factor. Caleb Lawrence McGilvery was born in Edmonton, Alberta, Canada on September 3rd, 1988, according to the National Post. Caleb has been going by the name Kai, since, he was about 14, according to an interview with the news station KMPH Fox 26 News. Kai also claimed he was from Sophia West Virginia in this interview, but as we know,
Starting point is 00:04:14 this is not true. Kai said he graduated high school and studied in university for one year. He told the outlet that he wanted to run away from home. Kai said in a TV interview, I don't have any family. As far as anyone I grew up with this. concerned, I'm dead already, according to the National Post. Well, it sounds like maybe he didn't really have that crate of a childhood. Yeah, and we are definitely going to dive into that somewhat.
Starting point is 00:04:44 But, you know, if you hear someone say, I don't have any family, as far as anyone is concerned, I'm dead. And then you later find out they do have family. And I'm sure, you know, he had friends. And, you know, it tells you something about his state of mind. Sure. Right then and there, I'm on my own, man. Nobody cares about me. That's the vibe that it really gives off. After Kai's arrest, his family came forward to speak about his early life. His parents are Gil, Mick Gilvery and Shirley Stromberg. Kai also has a brother named Josh. His parents separated when
Starting point is 00:05:23 he was four years old. They both remarried and Kai's father had children with his second wife. Gil lost custody of Kai and his brother. He told the National Post that part of the reason he lost custody was because his car broke down on the way to a custody hearing. That would definitely suck. Well, I would, but let's face it, the court doesn't like it when you don't show up. Yeah. I'm thinking even if you had a receipt for a tow truck or some. They're not always big on excuses, even if they're valid.
Starting point is 00:05:58 or real or whatever. There was something else in the mix, too. I'm sure there was. I can't imagine that was the only part of it. But he still got supervised visits, and he did take, you know, his sons out. Gil told the outlet about visiting Kai at a group home for children
Starting point is 00:06:17 with behavioral problems in Edmont. During Christmas 2011, Kai came to his dad's home in Hawkesbury, where he was living with his wife, and kids, Kai visited for a few days before heading west. Gil told the National Post that he and Kai had hard lives. Gil lived on what he called Skid Row in Edmonton and grew up in one of Canada's residential schools. So I had to look this up. The residential school system was a network of boarding schools for indigenous people in Canada that was meant to isolate children from their culture and
Starting point is 00:06:58 religion. And we know how disturbing that got over the last couple years all the information coming out of those schools. Well, children were not only isolated from their families and cultures, but many of them lived in extremely poor conditions.
Starting point is 00:07:14 They suffered from abuse. It was said malnutrition or starvation as well as disease. Gil told the National Post that he was sexually abused at a residential school. was pretty common back in those schools from all the different documentaries that I've seen on it.
Starting point is 00:07:34 You've seen a lot of documentaries on it? Yeah, I have. Well, I think you were alluding to it, right? All this information that has come out, obviously there was some bad stuff going on in this system. Kai has said that he was sexually abused as a child. Kai's parents and grandmother spoke with the Philadelphia Inquirer. about his life, the inquirer reported that in an interview with California radio station KSLG in March 2013, Kai said he was raped when he was 17 years old.
Starting point is 00:08:10 He also said that he felt violated by a defense attorney and had fights with people he perceived as bully. So we're getting some information from the family, a lot of information from Kai himself, because he did a number of interviews. He has said that he was sexually abused as a child and raped as a 17-year-old. No doubt that's going to have an impact on your life. Yeah, it definitely is. Now, is it different for everyone?
Starting point is 00:08:43 Or does each person deal with it in a different way, I guess, is a better way to ask the question? I can't speak from experience. But I can only say I would think so. And, you know, this abuse is going to loom large. Later on in his life, Gil McGilvery told the inquirer that Kai lived at a medical residential facility in Alberta from age 9 to 18. Kai told him that he was physically abused there. Gil told the paper, I do believe he has post-traumatic stress.
Starting point is 00:09:18 So the first thing that jumped out at me is 9 to 18. that is a long time to be living at this place. Pretty much the bulk of your childhood. We talked about sexual abuse. Now, you know, he's claiming there was physical abuse as well. Marianne McGilvery, Kai's grandmother said that he had a rough childhood but was a very good boy. Shirley Stromberg said that she never heard her son was abused in residential treatment. She also said Caleb has had issues for.
Starting point is 00:09:52 for years. Okay. I think we have to break that one statement down. Sure we do. What do you mean by issues? You know, everybody has issues. The severity is different, right? For, for different people. The way I interpreted that statement was that his mother was saying, you know, what he did or the way he turned out wasn't because of these things that he said happened to him. That, I don't know if that's what she meant, but that's the way it sounded. It's the way I'm perceiving it. Yeah. Yeah. Instead, he's had issues for years. That's what she said. In May 2013, Kai made a post on Facebook, alleging parental abuse, such as being forced to take cold showers, being hit with spoons and sticks, and experiencing prolonged timeouts. According to the Philadelphia Inquirer,
Starting point is 00:10:48 most of his accusations were towards a woman. self-declared mother, but he also mentioned a man. So, you know, he's being somewhat vague about who was involved, but it does sound like he's, he's putting some of this on his mom. Now, is the man his dad? We don't know for sure. Right. Surely denied these accusations in an interview with the Newark Star Ledger and said they
Starting point is 00:11:15 were a product of Kai's mood disorders. So again, you can really see here. the the opposing viewpoints. Kai is saying I was physically and sexually abused. I was mistreated. You know, all kinds of different things happened to me. Right.
Starting point is 00:11:33 And his mom is saying, you know, he was a moody kid. He had issues. He, you know, now something landed him in this medical residential facility. For sure.
Starting point is 00:11:44 From the age of 9 to 18. Now, what was that? I never really saw. Was it because his. mom couldn't take care of him. He was acting out. I'm not sure. At the time of his arrest, Kai McGilvery was homeless and traveling around the U.S. However, he preferred to use the term home free. On February 1st, 2013, Kai accepted a ride from a 54-year-old man named Jet Simmons McBride.
Starting point is 00:12:12 He was subsequently involved in an incident that led to him going viral online. The incident occurred around 2 p.m. that afternoon McBride rammed his car into a Pacific gas and electric company truck trapping a worker between his car and the truck. Kai was in the vehicle at the time. He reported that McBride was making racist comments about the workers, one of whom was black. McBride then got out of his car and started beating the worker. He also attacked anyone who tried to stop him. Kai got out of the car and started hitting him with the blunt end of a hatchet, eventually knocking him out. So this is where the hero part of the story comes in. Sure it does. It's just a strange set of circumstances because he's writing with this guy.
Starting point is 00:13:03 But obviously he doesn't know who this guy is. Or what he was going to do. Right. Didn't know he was a racist, didn't know that he was going to get out and start beating people. The worker who was attacked was identified in the Fresno B article as 37-year-old Ray Sean Neely. Kai and Ray Sean Neely's co-workers detained McBride during the incident. Jet McBride was arrested at the scene when he assaulted a nurse who was trying to help Neely. He was charged with attempted murder, assault with a deadly weapon, and battered. Now, those are very serious charges. They are.
Starting point is 00:13:41 But this was also a very serious incident. Yeah, I think the charges fit the crime. Yeah, it sounds like they did. And this is, you know, how the world first learned of Kai, right? His story first aired on KMPH Fox 26 News in Fresno, California on February 1st. Reporter Jessib Rizebeg spoke to Kai and posted the video online. And this is the video that quickly went viral. It got millions and millions of views.
Starting point is 00:14:12 Kai used colorful language to describe how he became involved in the fight. At the beginning of the interview, Kai said, before I say anything else, I want to say no matter what you've done, you deserve respect. Even if you make mistakes, you're lovable. And it doesn't matter your looks, skills, or age, your size, or anything.
Starting point is 00:14:33 You're worthwhile. No one can ever take that away from you. So, you know, I think right off the bat, he endeared himself to a lot of people. He sure did. Because, you know, those are some great sentiments. Oh, yeah. Very true.
Starting point is 00:14:51 I think a lot of people probably felt like I can relate. Yeah. Yeah. Here's a good guy. He's a hero. He's saying the right things. Now, in what is probably the most viral part of the video, Kai said, these two women are trying to help him.
Starting point is 00:15:07 He runs up and he grabs one of them, man, like a guy that big can snap a woman's neck like a pencil stick. So I fucking ran up behind him with a hatchet. Smash, smash, smash. And, you know, I'm sure a lot of people have seen the video. You should go out and watch the video. He's very animated. Yeah.
Starting point is 00:15:28 You know, he's kind of infectious in, in a way where, like I said, I think he drew people in. Kai's story was featured on national media outlets like Jimmy Kimmel. I said he was on there. And not just in an interview. They did like a segment where they're riding in the car together. Not really writing, but you know, like Hollywood.
Starting point is 00:15:51 Yeah, Hollywood. Riding in a car. I don't think there's any doubt. He was admired by a lot of people for what they saw as, you know, this really heroic act. So we shift focus to one of the victims of the attack.
Starting point is 00:16:05 Ray Sean Neely's right leg was shattered and his right foot was broken. Neely told the. Fresno beat. He didn't hear the car approaching and was stunned by the crash. He didn't witness much of Kai beating Jet McBride. Neely said that at one point McBride approached and started pulling on his leg. He didn't know if he was trying to help. His coworkers and two nurses who were in the area came to help him. A fire crew freed him and he was taken to the hospital. Neely and his wife Amanda said they were grateful for Kai's help. But his co-workers and the nurses also deserve. credit. So Kai ended up
Starting point is 00:16:43 testifying at Jet McBride's preliminary hearing on February 21st. Rayshan Neely and Tanya Ann Baker who was attacked by McBride also testified. Kai testified that he was hitchhiking in Baker's field when McBride picked him up, introduced himself as Jet and started
Starting point is 00:17:02 driving. He said they talked about religion during the drive. When they were in Fresno, McBride gave him money to buy Maryland. marijuana. Kai rolled a joint. McBride smoked some of it and he finished it. At this point, he's being honest. He's telling, telling everybody, look, I got some marijuana, rolled a joint, we smoked it. He's not holding back. No, most people wouldn't lie about that because it doesn't really make you look great. Now, it also might be one of the reasons why McBride slammed into this truck
Starting point is 00:17:32 is, you know, because he was high. He said that McBride started talking about how he traveled to the Virgin Islands and raped a young woman. Moments later, he said, watch this. I'm Jesus Christ. And then drove into the group of P, G&E employees. Kai said that he intervened during the incident and hit McBride three times over the head with the hatchet. The first and second hits didn't stop him. But after the third hit, according to Kai, he dropped like a sack of potatoes. Yeah. Three wax with a hatchet, the blunt end of a hatchet will do that. Yeah, it should. I'm surprised one and two. Didn't do it.
Starting point is 00:18:12 But the third one definitely did. Now, you might be asking yourself, why is this guy have a hatchet with him? But he is home free, according to him, right? He's out on the road. He's hitchhiking. He might be using it to make camp. I don't know. Always carry a hatchet.
Starting point is 00:18:31 Just never know. Yeah, you never know. He said that McBride got up a short time later. Kai had his car keys in his pocket and retreated. He testified that he was not going to let McBride get back in his car. Rayshan Neely testified that he was turned away and didn't see McBride's car coming. Both Tanya Baker and Rayshan testified that McBride get out of the car and tried to pull Neely off of his car. As he did this, he said, do you believe in Jesus Christ as your Lord and Savior?
Starting point is 00:19:04 And I just found this to be such a strange interaction. He hits the man, but then yet is he trying to help him? And why is he, you know, keep talking about Jesus Christ, Lord and Savior? But then obviously, you know, as we're going to find out, he got aggressive. So it's very confusing. Neely was unable to identify McBride by sight and court. He was in too much pain during the attack. Tanya Baker testified that she and her daughter tried to get McBride away from Neely.
Starting point is 00:19:38 McBride used a racial slur and said that Neely's entire race have to go. She said that McBride put her in a bear hug and hit her in the back when she tried to pull him off Neely. And this is when Kai intervened. This McBride seems like a real piece of work. Yeah. Was he always a piece of work? Did he get high and that kind of exacerbated things? I really don't know.
Starting point is 00:20:06 Most people that I've interacted with who, you know, are high, they're little mellow. Yes, very mellow. But maybe it causes different reactions and different people. Maybe. Baker testified that some of the workers penned McBride and held him until the police arrived. The Fresno B reported that McBride was tearyied in court and said out loud, sorry Ray Sean. So he cried in court, told this guy he was sorry. I'm sure he was sorry.
Starting point is 00:20:38 Yeah, but part of me thinks he's playing the role. Well, and we always kind of have to discuss that. Is he really sorry or is he sorry because of what he's now facing? And he's showing off maybe a little bit for the court, jurors, the judge, whoever it might be. PG&E employee Kenneth Simon testified that he was hit in the lower back and hip area. he suffered a chipped vertebrae. He and Neely didn't have time to move before they were hit by McBride's car because they were both facing away.
Starting point is 00:21:13 He pointed out McBride in court and estimated that he was driving around 20 to 25 miles per hour. It doesn't seem like a lot. But when a car going 20 to 25 miles an hour hit you and pinned you into another car, even at that speed, that's very serious. Yeah, it's going to cause some damage. Simon testified that McBride did not try to turn the vehicle away from them. He was thrown 10 to 15 feet when they were hit. He got up and saw that Neely was pinned with his legs under the truck and on top of the car.
Starting point is 00:21:48 That's a very scary situation. It really is. Don't want to be in that spot. No. I was actually driving down the highway the other day to go to my daughter's dance competition. And there was some type of worker. and he was he was on the side of the road and I was in the right hand lane because I was getting ready to get off the exit and it was just a truck sitting there so I wasn't too worried about it
Starting point is 00:22:14 but he opened his door and then he got out and like close to the traffic opened like a side hatch but I couldn't get over because there was a car next to me sure and as I go by he flipped me off and you know said the F word and I'm like what do you want me to do dude I didn't know you were getting out of your truck and I can't ram the car next to me. Right. To get over. McBride got out of the car, approached Neely and asked him about Jesus Christ. McBride said, I am Jesus and I'm here to take you home.
Starting point is 00:22:50 He put his hand on Neely's head and the other hand behind his leg. Neely screamed at him to get away. Simon saw Kai hit McBride with the hatchet. They told him to leave and Kai ran off. Simon testified that it took three. four or five coworkers to get McBride off Neely once he got back up after being hit with the hatchet. So we said, you know, he smoked a little bit of pot.
Starting point is 00:23:15 Sure. Sounds like maybe he was on something else. If it took five guys to get him off, this is after his third whack. Yeah. From the hatchet. Maybe he was on a little something extra. Something, something. Yeah.
Starting point is 00:23:30 The prosecution argued that McBride intentionally targeted Neely. and that his comments about taking him home were a clear indication Neely was going to die. McBride's lawyer said that he asked Neely if he believed in Jesus and that does not indicate an intent to kill. And I see how, you know, each side can put their own spin on that phrase. Yeah, I can too. Not too difficult, right? Yeah, but, you know, I'm here to take you home. That coupled with the racial slurs.
Starting point is 00:24:05 Yeah. And the fact that he's got this guy pinned, he's fighting him. It's kind of hard not to think that he means the first one. Sure. I'm here to take you home. On February 22nd, Jet McBride was ordered to stand trial. Outside of court, his lawyer said that he was mortified and very concerned about Mr. Neely. She also said, as reported by the Fresno B, he told detectives that Kai grabbed his arm or the steering loop. This was not an intentional act, and it was not motivated by race. On April 4, 2013, Jet McBride pleaded not guilty by reason of insanity. After Kai went viral, he continued traveling the country. It was said that fans allowed him to stay in their homes. They loved him. They had that personality.
Starting point is 00:24:56 Yeah. He had a very infectious personality. You know, if you watch some of the videos, especially the ones. especially the one that went really viral where he's being interviewed, it really comes off as kind of surfer dude meets, I don't even know what. He's laid back. He's using,
Starting point is 00:25:17 you know, this kind of slang. And, but he's also saying these really positive things like we mentioned earlier. On May 16th, Vice published an interview with Kai where he talked about his background and what he had been doing recently. So this guy blew up, right? That's kind of what happens a lot of times when something goes viral. Well, people want to do interviews with you. They want to know more about
Starting point is 00:25:47 you. They want to find out what you're doing now. Kai claimed that he was raised in a fundamentalist Christian cult. He left to live on a reservation. And that was where he earned the name Kai. He said that he had spent the past two years of his life living in sailboats, houseboats, going out surfing on islands, hopping in cars with people I didn't know, and traveling the country, jumping off cliffs into lakes, going to music festivals, playing music in parks, just random, spontaneous, awesome all the time. That's what he said. Awesome all the time.
Starting point is 00:26:25 Well, it does kind of sound like, well, does sound fun. Well, it sounds like a life with no responsibility. Yeah. And you're just out doing, you know, things that you want to do and people are giving you things. They're putting you up. Kai also talked about his travels and how his home free message had reached others. But then in May 2013, Kai made the news for a different reason. He was charged with murder.
Starting point is 00:26:51 On May 13th of that year, 73-year-old Joseph Galfi Jr., a lawyer. A lawyer from Clark, New Jersey was found dead in his home. Galfi was a partner in the law firm of Kachanski, Barron, and Galfee in Rawley, New Jersey. Galfi was also the attorney for the Greenbrook Land Use Board and a member of the Clark Chamber of Commerce. One of Galfi's acquaintances told the Star Ledger that his clients trusted him. He said that he was just a regular guy. One neighbor reported that he had lived in his family. his house for 15 or 20 years and kept to himself. This neighbor also said that he shared the house
Starting point is 00:27:34 with another man, but he died several years before Galford. So what happened was that the police went to this guy's house to do a welfare check because he didn't show up for work that Monday and he wasn't answering his phone. There were no signs of forced entry or any evidence that anything was taken from the home, Galfie was found lying in bed, wearing only his underwear and sock. So this guy's a partner in a law firm. If he doesn't show up to work,
Starting point is 00:28:08 it's going to raise some concerns, right? Maybe he has some client meetings. Maybe he's due in court. But somebody would probably have a record of that. Sure. And then I think when, you know, he doesn't call and then he doesn't answer his phone. You know, this is not a teenager who makes the decision to blow off a shift at Taco Bell.
Starting point is 00:28:32 No. Or you with some of your lame excuses that you used to have, um, going to be late. I can't make it in the day. My cat's got ringworm. I don't know. You had all kinds of strange. They know. I was a very respectable employee.
Starting point is 00:28:51 You were respectable already. And autopsie determined that Galfi died of blunt force trauma. He was found in a pool of blood. He had fractures to his face, broken ribs, and a broken neck, according to the Star Ledger. Yeah, there's some rough injuries. Yeah. I mean, I think when you go through that list, yes, you can use the term blunt force trauma. But when you think about fractures to the face, broken ribs, and he'd
Starting point is 00:29:22 broken neck, man, it really adds to it. This was a vicious attack. Kai McGilvery was arrested on the evening of May 16th, 2013 at a Greyhound bus terminal in Philadelphia. Union County, New Jersey prosecutor, Theodore Roman Cow announced the arrest hours after he told reporters that Kai was wanted for murder. So it didn't take long for them to figure this out. He was a was arrested three days after Galfie was found dead, officials said that Kai and Galfi had a chance meeting at Times Square in New York City on Saturday, May 11th. Kai spent the night at Galfi's home in Clark, New Jersey, about 20 miles west of New York City. The next day, Galfi drove Kai to a train station and he took a train to Asbury Park, New Jersey. They texted throughout the day.
Starting point is 00:30:23 Galfi picked him up at the train station in the evening and they returned to his home for a second night. And then officials said that Galfi was killed sometime on Sunday, May the 12th. It was said that Kai turned up at a restaurant and Clark late on the 12th. The prosecutor said that after the killing, Kai called a woman and asked her to pick him up, but she said, you know, he was could. He took a train to Asbury Park and he and the woman ate lunch together on the 13th. They spent the day in Philadelphia, then went to her hometown of Glassboro, New Jersey. She wanted Kai to stay in her home, but her family resisted. So she called another woman who allowed Kai to stay in her home in Glassboro the next day. Kai left Philadelphia
Starting point is 00:31:10 and indicated that he was going to Georgia. So really think about it, he was. He was. was a hero three and a half months ago. Yeah. And, you know, that's the thing that really got me about this story. This guy went from no one really knowing who he was to a lot of people knowing who he was and, you know, maybe admiring him for what he did, calling him a hero to people saying that he was a murderer in the span of about three months or so, very quickly. very quickly. But the other thing that that jumped out of me was that, you know, it did seem as though he either had a network of people who, you know, were willing to take him in.
Starting point is 00:31:58 I don't know how much of that came because of his, you know, 15 minutes of fame. I don't know. I'm going to guess it played a good role. It probably played a pretty big part. Yeah. Because like even, you know, this woman that they talked about. I don't know how well they knew each other, if they had known each other for some time, or the meeting and the invitation to stay all night resulted from the fact that this guy was,
Starting point is 00:32:28 you know, kind of famous at the time. Oh, yeah. You get invited over to people's house all the time. I don't go. But you get invited. I do get invited. Yeah. It was said that Kai cut his hair before he was arrested and he posted a picture of himself on Facebook.
Starting point is 00:32:44 And, you know, if you look at that interview that he's in, he's got like a lot of hair. Yeah, he's got a long, at least down flowing. Yeah. Lox. Down to his shoulders, maybe a little bit longer. It's kind of hard to tell because I think he has it pulled up in something in that video. But things that we can't do with our hair. It does seem strange to me when somebody makes such a radical change in appearance after
Starting point is 00:33:11 something happens in between the time. before they're ultimately arrested. Yeah. What does that mean? Does it mean that they don't want to be recognized? They're trying to change their appearance, or, you know, is it just a coincidence and he got tired of having that long hair? I don't know.
Starting point is 00:33:30 Yeah, I think it was done on purpose, but that's just the thing. It seems that way. Yeah. Right? Obviously, that hair took a little bit to grow out. Well, you know, we value hair here. We do. So.
Starting point is 00:33:41 Those of us who are follically challenged. Yes. We value hair a great deal. To me, it just seemed like it was part of his image. So the fact that he cut it really kind of means a lot. On May 14th, Kai posted on Facebook alleging that he was raped in a stranger's house. There are some very graphic descriptions in the following quote. He wrote,
Starting point is 00:34:07 What would you do if you woke up with a groggy head, metallic taste in your mouth and a stranger's house, walked to the mirror and seen come, dripping from the side of your face, from your mouth, and started retching, realizing that someone had drugged, raped, and blown their load in you. What would you do? Okay. He posted this on Facebook. That would be rough.
Starting point is 00:34:34 That would be very rough if he experienced what he wrote in this Facebook post. Now, I think it's a big part of this case. Right. Did this happen the way that he says it did or did it not? We'll talk about it more, you know, obviously in the trial and things like that. After Kai was announced as a suspect, the authorities were flooded with calls from around the country, according to the prosecutor. One man called and reported that his neighbor said she dropped Kai off at a train station in New Jersey earlier that day. Then a call came in reporting that a Starbucks employee in Philadelphia just saw a man that looked like Kai. He was later found at the bus terminal and arrested. The prosecutor said that authorities weren't sure of a possible motive, but investigators believed the two men had a sexual relationship.
Starting point is 00:35:30 And the prosecutor came out and pretty much said it. He dismissed Kai's Facebook post saying it was pretty much self-servely. according to the Toronto Star. So he's not really mincing words. He's saying, you know, what he wrote isn't true. Right. He wrote it because he is trying to set up.
Starting point is 00:35:54 Yeah. Yeah, kind of set up what would later become his defense. According to a 2016 article by the Star Ledger, Kai said in a recorded statement after his arrest that at Galifax, at Galfie's home, he drank several beers and ate food that he believes was drugged. He passed out and woke up on the floor. Galfi was pulling down his pants. He pushed Galfi away and then he passed out again.
Starting point is 00:36:22 Then he woke up with a metallic taste in his mouth and semen on his face. He said that he hit Galfi. During this statement, Kai seemed surprised to hear that Galfi was dead. So not too hard to see what both sides are seen. setting up for at trial, right? The prosecution is going to come out and say sexual relationship, gone wrong, something happened. Kai killed this man.
Starting point is 00:36:51 Kai's defense is going to be that he was protecting himself. He'd been drugged. He'd been raped and he hit this guy, but he didn't know that he killed it. A court official said that Kai had a U.S. Immigrations and Customs Enforcement Detainer. For three arrests in Canada, spokesman Harold Orr told the AP on May 17th that ICE lodged a detainer against Kai saying once charges are fully adjudicated, he will be turned over to ICE and placed in removal proceedings.
Starting point is 00:37:25 So Canada wants this guy. Yeah, it sounds like he, you know, had done some stuff there. They wanted to possibly prosecute him as well. After Kai's arrest, Jet McBride's lawyer, alleged that McBride said it was Kai, who moved the steering wheel towards the PG&E workers. True or not, that's a good way to come out for your client. Yeah. And maybe McBride said that.
Starting point is 00:37:51 Is it true? Is it not true? I don't know that the murder charge or the thought that he murdered this man means that he had anything to do with the accident, but it does cloud things maybe a little bit. And it sounds like maybe that's what the attorney is trying to do, right? Cloud things up a little. On May 30th, 2013, Kai was extradited to New Jersey. He thanked his supporters during the walk from the courthouse to the jail.
Starting point is 00:38:21 USA Today reported that when a reporter referenced the Facebook post and asked if what happened was self-defense, Kai said, what do you think? On the morning of July 17th, Kai was sent to the hospital for treatment, of self-inflicted but non-life-threatening injuries. One of Kai's supporters told the Star Ledger that he had talked to other supporters who reported that Kai was in good spirits. It was said that supporters had raised over $2,000 for him. So he had a lot of people in his corner.
Starting point is 00:38:54 Yeah, he had a lot of supporters. I believed in him. And, you know, it is kind of hard when you watch that interview online. You know, you see this affable, what seems, to be kind of a carefree guy. So it's hard to kind of put that together with somebody who would murder, you know, a man in his 70s. Now, we know people are capable of all kinds of things. But my thought is his supporters couldn't square it. They thought that what he said was true, that he was defending himself. Yeah. Jet McBride's trial started on December 10th, 2013.
Starting point is 00:39:36 Kai was not a witness at his trial, but the court heard his testimony from the preliminary hearing. The Fresno B reported that McBride testified that he thought he was Jesus and never intended to hurt anyone. When he put his hands on Ray Sean Neely, he was trying to heal him. He claimed that he didn't intentionally drive into the workers. He lost consciousness for a few seconds after Kai punched him in the face and took command of the wheel. So my thought is, you know, like we said, all of this happens in like a three month span of time. McBride hadn't even gone to trial yet. But this guy who was with you is getting ready to go on trial for murder. Yeah. So now he punched me in the face. He took command of the
Starting point is 00:40:26 wheel. I'm not saying it happened or didn't happen. We weren't there. What I am saying is it seems to me as though many more people might possibly believe that. Right. After that person, you know, is charged with murder. It certainly allows you have a better defense. Right. Rather than trying to pin it on this guy who everybody seems to love. Right.
Starting point is 00:40:51 Because he stepped in and he was a hero. Well, he's not a hero anymore. He's been charged with murder. Right. Prosecutor Becky Gong told the jury that they had to decide if McBride intentionally drove towards the workers with the intent to kill someone. On January 6th, 2014, Jet McBride was found not guilty of attempted murder and battery,
Starting point is 00:41:14 but was convicted of assault with a deadly weapon. Jurors still had to deliberate on whether or not McBride was not guilty by reason of insanity, which would determine his sentencing. On the very same day, Kai pleaded not guilty at his arraignment. Like, this is going on like simultaneously. time there. On January 16th, a jury found that Jet McBride was legally insane when he hit the PG&E employees.
Starting point is 00:41:44 Three doctors all said that McBride suffered a psychotic episode during the incident. Doctors testified that McBride believed he influenced events such as the resignation of Hillary Clinton and Pope Benedict the 16th and that he believed the government was tracking him. His attorney told the court that he suffers from bipolar manic disorder and did not intend to hurt anyone. So, you know, we don't have every tidbit from McBride's trial. We don't. But you did have three doctors, all kind of saying the same thing. I'm sure that was big for the jury.
Starting point is 00:42:26 Whatever else was introduced, you know, at the end of the day, they came to the conclusion that he was legally. insane at the time this all happened. On February 20th, 2014, Jet McBride was sentenced up to nine years at Atascadero State Hospital. If he was still considered dangerous after nine years, prosecutors could petition to keep him confined longer. I mean, as long as he gets things straight now, that's a pretty good deal for him. Yeah, you mean gets the help he needs. Yeah. If he, you know, really is having the mental issues that, that he said, it. And it's nine years guaranteed. You know, I don't have any problem with that. No. Now, the ones that I have a problem with that we've done, and maybe they're older cases where someone was found legally
Starting point is 00:43:18 insane at the time that they killed someone, they get out in like three months because the hospital says they're all better. Right. That's, that's tough to swallow. It really is. And even tougher if you're the family. I get it. The person might have been sick. Doctors are saying they were sick at the time, but now they're all better in three months and, you know, they're free. That's, that's tough when that happens. Yeah, I think there needs to be a better balance with that. Well, and I think there probably is today. I mean, I do think a lot of the ones I'm referencing happened, you know, years and years ago. While Jet McBride went to trial less than a year after the assault, it would take several more years for Kai to go to trial for murder. In 2015, his supporters posted a letter that he wrote to
Starting point is 00:44:07 Governor Chris Christie that stated, how can I be expected to prove my innocence when the prosecutor gets rid of any evidence I could use to show I was defending myself from a drug-facilitated sexual assault? The Union County Prosecutor's Office seems to think because I'm an indigent illegal immigrant from Canada, they can violate my procedural rights without consequence. This is an outrage. This letter was posted online as part of a petition seeking Kai's release. So again, still has a lot of supporters, people backing him. He's got that thing behind him, right? So if he didn't have that, he wouldn't have the support. Well, no, because people wouldn't know who he was. Kai requested help with this case and claimed that law enforcement failed to use a rape kid.
Starting point is 00:44:58 and did not collect samples for toxicological analysis. He said they failed to collect many items that could have been used to drug me from the house or samples from the carpet where they knew the assault occurred. What items that were collected were rinsed with fresh water while testing for fingerprints without ever once testing for DNA or drug resident. I don't know why people would be rinsing things with water, but... I don't either. Why is that necessary?
Starting point is 00:45:28 in the fingerprint testing process. Maybe I'm not very knowledgeable about how fingerprints work, but I don't think in any show or movie I've ever seen them rinse something with water before trying to take fingerprints. At least the ones I've given. Yes. I haven't. There's been no water involved.
Starting point is 00:45:47 No water involved. And over the years, I'm sure you've gone through all the changes from the, you know, the put your thumb on the ink pad and roll it. to probably now, what do you do lately? Digital. Digital. They've probably gone digital.
Starting point is 00:46:03 Yeah. Very interesting. What I will say is if there's a database out there, you're in it for all kinds of different things. DNA, fingerprints, hair samples. I'm a giver. You're a giver. That's for sure.
Starting point is 00:46:17 In 2016, Kai filed lawsuits and state and federal court. He claimed that he was never examined for sexual assault, even though he told the police. he was assaulted after he was arrested. He claimed his right to do process, was violated through destruction of evidence, and failure to collect evidence. The suit stated that authorities ignored statements from two witnesses who said,
Starting point is 00:46:42 Kai appeared under the influence of drugs on May 12, and these statements were not presented to the grand jury. The suit also stated that semen was found on Galfi's underwear, but the prosecutor told the grand jury, No seaman was found. So we have some conflicting information. But don't we always? Yeah.
Starting point is 00:47:03 Right? Sure. The prosecution says one thing. The defense is saying something else. And pretty much they always contradict each other. That's kind of how, you know, most trials work. What I will say is by 2016, much of the online support for Kai had decreased. There was even an article by the Star Ledger that kind of, you know, talked all about.
Starting point is 00:47:27 that. Shirley Stromberg told the outlet that she was astonished at how long Kai was awaiting trial. The prosecutor's office declined to comment on why the case had not yet gone to trial. And it does seem like a long time, right? We're three years on. Yeah. He still hasn't gone to trial. On March 27, 2017, Kai's defense attorney said that he was acting in self-defense against a sexual assault at a hearing on a motion to dismiss the case. defense attorney John Sido argued that prosecutors presented evidence to the grand jury that was not relevant and prejudicial and prosecutors failed to present evidence supporting Kai's self-defense claim. So the game is still being played? Yeah, I don't think the game ever stops until, you know, everything's exhausted. Now, what I will say is that I found this last statement a little strange.
Starting point is 00:48:27 right prosecutors failed to present evidence supporting kai's self-defense claim why would the prosecution present evidence that makes him look not guilty now if they have evidence and they don't disclose it to the defense team that that's something right that's a brady's a brady violation yeah it's a problem but it sounds like he's saying they didn't bring certain things up in court but why would they the defense should be bringing yeah that's the that's the defense job yeah yeah So I don't, I wasn't sure if they were really saying that the prosecution withheld evidence, because that, that obviously is a big deal. Cito said that the police found evidence that Galfi viewed websites with adult content
Starting point is 00:49:12 had passwords for websites on his computer and had contact information for young men. There was evidence of sexual activity at the house. Sido said, Kai was fending off a sexual assault and that information was never, presented to a grand jury. Assistant prosecutor Scott Peterson said there was no evidence suggesting a struggle at the house. So here again, I got a little bit confused. They found evidence that this guy viewed adult websites. Okay. That in no way seems to be evidence that a sexual assault occurred. No. The fact that he had passwords for websites on his computer or had contact information for young men. None of those three to me seem to be evidence that a sexual assault
Starting point is 00:50:05 occurred. But it sounds like the defense attorney is saying that it was and it should have been presented to a to a grand jury. I don't know about that. You know, I mean, the guy watching porn, as long as it's not illegal porn, right? Okay. Meaning he's an older guy. So if he's chatting it up or looking at things with young men, not boys. Right. And what do we mean by young men, right? 20s. So still legal.
Starting point is 00:50:36 That's all legal. There was evidence of sexual activity at the house. Again, that's not illegal. Well, and it doesn't absolutely mean sexual assault. So, yeah, I was a little confused about the defense's claim that all of this was evidence. Saito also said that prosecutors told a grand jury. about a printed list of sex offenders found in Kai's duffel bag and they made him out to be a vigilante seeking out sexual predators. Okay. So I'll say the same thing. Even if this guy did have a printed
Starting point is 00:51:12 list of sex offenders, does it mean that he's, you know, going around killing them? No, I do think it's a little strange to have a printed list of sex offenders in the area. But well you know kai said he was abused as a kid and even you know late teenager right 17 would he have a list possibly of people to stay away from maybe you can make that argument but i i think i just want to kind of say the same thing about both sides to me you can make it into evidence but it doesn't seem to prove what they're saying that it proves i i'm not seeing it that way. Kai's trial finally began with opening statements on April 9th, 2019. And I don't think there's any doubt about it. The main issue at trial was Kai's self-defense claim. It wasn't in doubt that
Starting point is 00:52:09 he hit this guy. I think what was in doubt was why in the context of, you know, what happened. Kai maintained that he acted in self-defense after he was assaulted twice. Prosecutors argued that that Kai admitted his involvement and attempted to flee the state. The defense pointed out the mishandling of evidence in the case. Four law enforcement officers testified about how they secured the scene and collected and stored evidence. The defense focused on evidence that was not collected, such as pills found in the fridge, bloodstained carpet, and a glass in the dishwasher. So it sounds like the defense is kind of circling around the,
Starting point is 00:52:55 something was put in the drink. Yes. Yeah. Yeah. And I think that that's what they, you know, were thinking. He was drugged. And then he was sexually assaulted. Kai testified on April 17th, 2019.
Starting point is 00:53:10 And the Star Ledger reported on his testimony. Kai said that he and Galfie met in front of the red lobster in Times Square. Galfie drove him to his home to spend the night at the house. They ate dinner and had some drinks before they went to. asleep in separate rooms. And then Kai said he woke up with a metallic taste and bodily fluids in his mouth. The next day, Galfi drove Kai to the railway train station. He contacted Galfi again that night when he had nowhere else to go. Galfi brought him back to his house. He poured a beer for Kai into a glass out of view. This is all according to Kai. The next thing Kai remembered was
Starting point is 00:53:50 waking up and finding that his pants were pulled down and Galfi was on top of him. He pushed him away and Galfi slammed into the ground and started grinding and humping him. Kai started hitting, punching, and kicking him while Galfi attempted to perform oral sex on him. Kai testified he was suffocating me. I thought he was going to kill me. So, you know, I do think there's a couple of things here to talk about. Number one, I don't want to treat Kai any differently than I would treat a woman. Sure.
Starting point is 00:54:27 Who said, this is what happened to me. Right. Because I do think it's very dangerous to, you know, automatically dismiss anyone's claims that they were sexually assaulted. What I did find a little bit strange was that he woke up after a night. where he felt he was assaulted, let this guy take him to the train station and then came back again that the next, that night. That's exactly what I was thinking.
Starting point is 00:54:59 You know, if you wake up and you have that taste and you know that something occurred and you allow him to take you where you want to go and by your own choice, return to where you say you were assaulted, it makes you scratch your head, right? It does. No, it doesn't mean if you did do that you deserve to be assaulted again.
Starting point is 00:55:21 Absolutely not. I'm not saying that. I don't know. What I'm saying, and I know you're not saying that either, what I am saying is it does seem like a very strange decision to make. Why put yourself in that position, right? If you need a place to stay,
Starting point is 00:55:39 why not just go somewhere else? Because we know that he, you know, he was used to being on the road. Yes. Home free, as he called it. Yeah.
Starting point is 00:55:47 So why not just find a different place instead. of going back to this guy's house. And then the other thing that that I think kind of caught my attention that we probably should talk about was that, you know, this guy was 70-some years old. Now, I'm not saying 70-some-year-old guys aren't strong and couldn't overpower a 20-something year old. But normally you would think the odds would favor, you know, a young guy in his 20s, right?
Starting point is 00:56:14 We lose muscle. We lose strength as we get older. But if he was drugged, as he claimed he was, then you have to factor that in as well. Kai said he hit Galfian, ran away. He said he must have blacked out and didn't remember changing clothes or leaving the home. He testified that he came to in a parking lot and went to a diner in Clark. He threw his phone out because, according to him, it smelled like urine because he urinated in his pants during the alleged assault. He had a flashback of Galfi on top of him.
Starting point is 00:56:52 But the prosecution pointed out that while Kai was at the diner, he took pictures with fans. The prosecution also played phone conversations with his friend Kim Burns. Kai said that he told Burns he was date raped. When she picked him up, he lied and said he contacted the police. But he didn't because he feared deportation. Kai said he didn't realize Galfi was dead. and plan to confront him the next day. So a couple of things here.
Starting point is 00:57:23 He threw out his phone. According to him, because he urinated on it. Right. Now, if you're the prosecution, you would argue that he threw it out because he didn't want to be tracked or didn't want the police to find him. And then, you know, this kind of revelation that he's at the diner taking pictures with his fans. Well, what does that mean? Well, it must not be that traumatized. I think you could make that argument.
Starting point is 00:57:50 I think the prosecution would make that argument. The defense would probably come back and say, you know, he was just trying to be as normal as possible, not upset his fans or, you know, whatever. Or that it just doesn't mean anything. It doesn't mean that he wasn't assaulted. The prosecution pointed out that Kai's testimony was different from his statement back in 2013.
Starting point is 00:58:14 Kai accused prosecutors of lying, infringing on his Sixth Amendment rights and not allowing him to provide context. You know, and that's one of the things in trials that, you know, you notice a lot. Just answer the question, just yes or no question. They don't want you to go on and provide context. No, keep it short and simple. Yeah, because they don't want you to try to explain things away. They're asking questions in a very certain way to try to paint you in a corner.
Starting point is 00:58:46 corner. One of the star witnesses at trial was Junaid Shake from the division of the county medical examiner. He testified that Galfi had serious blunt force injuries to his face, neck, chest, and arms, which were inconsistent with self-defense. And we kind of laid out those injuries and said they sounded like a very brutal attack. Yeah. Now, what does self-defense mean? Well, that's going to vary from court to court, right? Well, yeah, I don't know. I mean, does it mean you're only allowed to hit someone hard enough to allow you to escape? Or does it mean you can incapacitate that?
Starting point is 00:59:29 I don't know. And like you said, it may vary by jurisdiction. For me, it means I got to do whatever I have to do to feel like I'm no longer in danger. Yes. And I would say most people would say that. but I think there's an argument to be made. The prosecution can make an argument that this was much more than self-defense, right? You didn't have to beat this man this many times, this hard, inflict these many injuries for you to feel safe and get away.
Starting point is 01:00:05 You killed him. Right. As we mentioned previously, Galfie was found in a pool of blood with fractures to his face. he had broken ribs and a broken neck. Prosecutor said his injuries were so far from self-defense, it's not even funny, according to the Star Ledger. Well, first of all, none of this is funny. No, never.
Starting point is 01:00:27 So that seems like a strange statement to make. Prosecutors also argued that Kai had no visible injuries at the diner in his behavior, did not reflect someone who had been sexually assaulted. Again, for me, there's a, there's a, there's a, a little bit of a gray area there. Yeah, I agree with you. Whenever you start to talk about how someone should or shouldn't act in the wake of X, right, you know, whether it's the death of a loved one or, you know, being sexually assaulted, is everyone going to react or act the same way? And my thought is no. No, of course not. But I understand what they're trying to do.
Starting point is 01:01:13 They're trying to say that a man who had just gone through what Kai said he went through wouldn't be at the diner, you know, laughing and taking pictures with fans. That's what they're trying to get a craze. Yeah. Now, whether that is right or wrong, you know, that's all up to the jury. You know, how do they weigh all this stuff? What does it mean to them? Because really, at the end of the day, that's all that matters.
Starting point is 01:01:40 That's what it comes down to. Yeah. we can talk about it, but it's what the jury makes of all of it together, not one piece, right? The testimony from both sides in totality. In his closing argument, John Seido told jurors that Galfi's death couldn't have been first degree murder because there was no struggle. And important pieces of evidence were not tested. So that's a strange statement. You know, he's saying the defense attorney saying there was no struggle. Maybe. Maybe. maybe he's he's leaning into the, the, the prosecution a little bit to try to say it could, it can't be first degree.
Starting point is 01:02:19 Yeah, trying to get a lesser murder charge. Well, it sounds like that. I'm not saying the guy gave up, but maybe he's hedging his bets is not looking good. So let's go, let's go this route. The state argued that Kai returned to Galfi's house after the first sexual assault. They also pointed out differences between his statements. And we, we talked about, you know, both of the. of those things, but you know they're going to hammer them again in closing arguments.
Starting point is 01:02:47 And I'll be honest with you, I think if I was on the jury, this returning to the scene. Yeah, could be a problem is going to be hard to square. Why would you do that? On April 24th, 2019, Kai McGilvery was found guilty of first degree of murder. After the verdict, the Kai, the hitchhiker illegal support page on Facebook posted that an appeal would be filed as soon as possible. Kai called his attorney John Seido ineffective and claimed he had been documenting proof of misconduct, abuse of discretion, and ineffectiveness of defense counsel. Shocker. According to NJ.com.
Starting point is 01:03:30 Yeah. I mean, we hear that all the time, right? Once you lose, once you're found guilty, then your lawyer is a POS. Sure. I mean, that's basically almost a given. It's like what you have to do. Yeah, maybe his own lawyer at that time said, yeah, sorry, sorry, kid, I couldn't get you off.
Starting point is 01:03:50 Make this statement and get another attorney. Well, and we've seen in certain documentaries where attorneys have said, as bad as it is for me, you're going to have to do this. Right. Because it's just part of the process. It's your next step. It's your next step. On May 30th, 2019, Kai was sentenced to 50s.
Starting point is 01:04:08 years in prison. His appeal was rejected on August 4th, 2021. The appeals court stated that Galfi's injuries were the result of far more than just an effort to thwart a sexual advance, and the record does not suggest a miscarriage of justice occurred. On January 10, 2023, Netflix released a documentary titled The Hatchet-Wielding Hitchhiker about the case, before the documentary premiered, Kai reached out to the tab and accused Netflix of exploiting him. He said in an email to the outlet, so Netflix is making a movie about my life story before I was arrested, but they refused to pay me anything for it. If someone made a movie about O.J. Simpson's football career, you'd better believe he'd be making bang off of it.
Starting point is 01:05:03 Guys who kill and rape women get money for their pre-arrest fame. but I saved women from being killed and allegedly killed a rapist. So Netflix is ruthlessly exploiting me. What the fuck? That was his statement. Like he's a little sour about all this. I think he's sour about a lot of things. Being in prison,
Starting point is 01:05:23 probably number one. And then this documentary comes out. And this statement seems to be more about the fact that they're not paying him. Yeah. Not about I was accused wrongfully or. Yeah, and maybe I'm sure he made those statements in other places, but this one just makes it sound like he's peed because they didn't pay him. Show me the money.
Starting point is 01:05:47 Yeah, show me the money. But, you know, Netflix also did one on Aaron Hernandez. They did. The football player. Yeah. I'm sure they didn't pay Aaron Hernandez. No, I doubt it. Why would they?
Starting point is 01:05:59 Yeah. You don't pay killers to do a documentary about them. Obviously, they would like that. but yeah i mean maybe if you were to interview them i guess sometimes people people pay a fee but even most journalists won't do that because they they find it trashy i think someone's state laws prevented too yeah probably but as we wrap this one up gibbs you know i i i think this is a very fascinating case and there's no doubt it's fascinating to a lot of people you know the guy goes viral for kind of being the hero saving people but then just
Starting point is 01:06:36 a few months later is arrested for murder and convicted. So I think you said it. He, you know, he went from hero to zero. Now, the one thing that we, we talked about early on, but we haven't touched on it again. And it's something that a lot of people bring up is his childhood. Now, I don't think there's any doubt based on the statements that have been made that the guy had a rough childhood. And by rough, I don't know if it's been confirmed, but it does sound like at the very least, there was possible sexual and physical abuse.
Starting point is 01:07:17 Now, what did that ultimately do to him? I don't know. Does it excuse murder? I would say no. It's horrible. It is horrible. That, you know, something like that would happen to anyone.
Starting point is 01:07:30 You can't excuse murder, but do you have to weigh it? And I think you do. I think you have to weigh all kinds of factors, whether it's, you know, what people experience in childhood, you know, what type of mental illnesses they may have.
Starting point is 01:07:49 Right. You got to weigh all of that. It all comes into play for sure. But at the end of the day, you know, what I struggle with is when it comes right down to it, How do you know who's telling the truth and who's not? Obviously, we know what he said happened.
Starting point is 01:08:09 Right. The jury didn't buy it. And I think you can easily make the argument that a lot of the evidence doesn't support it. But can you say with 100% certainty that it didn't happen? I don't know that anybody can do that. I don't think he can. There was only two people there. But I think really would have heard his case.
Starting point is 01:08:31 is that he went back to the house again. Yeah, I think that was big. I don't know if that would have been the turning point or the saving the case for him, but it didn't help. No, I think the jury looked at that and probably thought, this doesn't line up with what you said happened. Right. Because why would you go back if, you know,
Starting point is 01:08:55 what you said happened really happened? And then, you know, the prosecution, I think, did a good job. of painting it or laying it out to the jury that the injuries were far more severe. Yeah. Than someone who's defending themselves from now they used the word sexual advance. Even the court did. And I would say sexual assault because that's what he's claiming. But whatever it was, I mean, a broken neck, you know, facial fractures, broken ribs,
Starting point is 01:09:30 just a lot of blunt force trauma. My thought is the jury probably looked at all that and thought this guy was incapacitated way before many of these blows were even inflicted. Sure. Yeah. So I don't want to try to get into their heads too much, but I think you have to a little bit. And again, at the end of the day, the jury, as we always say, they were there. They set through it day after day.
Starting point is 01:09:56 They heard all the evidence and they came to their convalued. conclusion, you got to live with that until, you know, something comes out to dispute it. I mean, I can say being just an act of vengeance, you know, I mean, he, he goes through life, being assaulted, you know, raped at 17, and maybe what happened that night before got him upset. And he said, you know what, I'm going to go back to the house. I'm going to take care of this. Yeah. I see your point there. You know, and so instead of being on the defense, he just went in there and just, yeah.
Starting point is 01:10:29 So if that were the case, it doesn't make it right, obviously anything that happened to him before that, but it definitely doesn't make it right that you go back and kill someone. Exactly. Now, go to the police. You can do a lot of different things,
Starting point is 01:10:48 but if it's not self-defense, you can't go back with the intent to take your revenge. You just can't do it. You can't. But that's it for our case on Kai. McGilvery. We got some voicemails. You want to check those out? Yeah, let's hear him. Hi, guys. This is Amelia from Ontario, Canada. I'm just calling to let you guys know that I love your show so much. I've been listening to it for a long time now, but only just recently decided that I would call in. I actually live in a town where Paul Bernardo was imprisoned for a little while. And I was just wondering if you guys were ever considering doing a podcast on him, because it's a pretty big case that here up north.
Starting point is 01:11:29 It would be really cool if you guys did. I know that there's a lot of information already out there, but I love the way that you guys explain cases and give your own perspective. So yeah, I think that'd be really awesome. I can't decide whether I'm team Fergie or Team Gibby. I am definitely both. But yeah, thanks, guys. Keep up the good work and keep your own time ticking.
Starting point is 01:11:52 All right. Thank you so much for the voicemail. We actually did cover that case. We did. Was it one or two episodes? I want to say it was two episodes. I want to say two. And it's been years, four or five years ago.
Starting point is 01:12:03 It was pretty early on. You'll find it. And we didn't cover just him. We covered both. Yeah, we covered him and Carly. Yeah. Bernardo and Hamulka. So you'll find it out there, but it's way, way back.
Starting point is 01:12:16 Hey, guys. It's Joshua from Macedonia again. I do have to address your ongoing commentary on CSF. I got my first four Pesbo when I was 19. And I had one up until last year when I wrecked it. So that is, sadly, almost 20 years. They're amazing little cars that are really easy to work on. They get great gas mileage.
Starting point is 01:12:46 And it takes a lot to kill them. So you haven't lost all your guests, the host, nurse. You still have at least one. you guys have a great day and keep your own time taken. Oh, the Fiesta. You know, it's funny what people latch on to or what becomes kind of a running, I don't want to call it gag because I'm not saying the fiesta is a gag,
Starting point is 01:13:10 but what becomes kind of a running trope. Sure. Throughout years of a podcast or a show or whatever it is, I may have to change my stance on fiestas. man, if that thing lasted 20 years, I've never gotten 20 years out of anything. Really? Except my marriage. I've been married more than 20 years.
Starting point is 01:13:29 There you go. That's a plus. That's a heck of a car, man. That is. If you think about 20 years, unless you didn't drive it, which I'm assuming that was not the case. That's good info. Hi, Mike and Gibby. It's Sam from Manchester in England.
Starting point is 01:13:46 I can't believe I'm sending you a voicemail. I'm trying to actually do it really quietly because otherwise, my other half, if you heard, me able to say that I was a right geek. But I just wanted to tell you that. I was so chuffed when I found your podcast, T-Cat. I managed to binge it all in about six months, and now I've started on Unsold. I am a Patreon supporter, but I haven't even started them yet.
Starting point is 01:14:06 Anyway, I've tried it long enough, so stay safe. I keep your own time ticking. All right. Thanks for the Patreon support, and thanks for jumping over to Unsolved. Yeah, we love that. And love that accent.
Starting point is 01:14:19 Love it. It's my bloodline. Okay. I'm not sure where you go on there, but... You know, because I did that DNA test, and they said, you know, from... Oh. England and Ireland. When you really thought you were something else?
Starting point is 01:14:35 Or was that some... No, that was somebody else I was talking to. Yeah. I had a little bit of Italianano in me. Okay. Yeah. Well, see? Fancy.
Starting point is 01:14:43 You're fancy. But thanks for the voicemails. We had one thing in the mailback. Erie, Ansro, Sinison, a mag. for the studio fridge, some Harley chips, and a copy of the burning bed. The burning bed. Which I've never read, but I do remember the movie. Who was in that?
Starting point is 01:15:00 Fair Fawcett? Fair Fawcett was, yeah. Yeah. So she sent me her very own copy. Okay. Which I actually think is cooler than getting a new copy. Yeah. Somebody's personal, you know, copy out of their collection.
Starting point is 01:15:13 Especially if they wrote notes in it. Yeah, I don't know. I haven't opened it. Yeah. But I'm going to read it because I've never actually read the book. All right, buddy. That is it for another episode of true crime all the time. So for Mike and Gibby, stay safe and keep your own time ticking.

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