Detective: Judge’s son said he was ‘going to kill people that he found in his house.’

Kevin William Mayhew reported on Oct. 25, 2016, that his Turlock home on Thor Street was burglarized, and 15 rifles, three handguns and a shotgun were stolen. But before he called to report the burglary that day, he went to his parents’ home about two miles away.

Turlock Police Detective Jason Tosta testified that Mayhew went to his parents’ home to grab a handgun before returning his Thor Street house. Armed with the gun, Mayhew searched his home as he spoke to a 911 dispatcher.

Tosta said in court that Mayhew seemed excited and a little stressed in the recorded 911 call. The detective said Mayhew told the dispatcher that if he finds anyone in his home, he was going to “f------ kill them.” Mayhew said that about four or five times during the 911 call, according to Tosta.

Mayhew refused to leave his house and wait for police to arrive, Tosta testified, and the 911 dispatcher told Mayhew police would not approach the home unless Mayhew put down his gun.

None of the guns had actually been stolen; all were recovered, most of them from his vehicle following a March 2017 shootout with authorities in Merced, according to a filed arrest affidavit. The shootout occurred at the end of a police chase after officers investigating the shooting death of Juy Anthony Gastelo tried to pull over Mayhew in Turlock.

Mayhew, the son of retired Stanislaus County Judge William Mayhew, is accused of shooting Gastelo at the Thor Street home on Oct. 31, 2016. Mayhew told investigators he was asleep on a couch in his living, when he awoke and found Gastelo holding a knife about 10 feet away.

Along with the murder charge in Gastelo’s death, Mayhew is charged with three counts of attempted murder stemming from the 44-mile police chase that ended in Merced. Mayhew is accused of shooting at two Merced County sheriff’s deputies and nearly running over a Merced police officer.

Mayhew’s preliminary hearing — to determine whether there’s enough evidence for him to stand trial — is underway in Stanislaus Superior Court.

911 Call

On Wednesday, Tosta continued to testify about the October 911 call. He asked Mayhew about what he told the dispatcher. The defendant admitted to making those statements, saying it was like “a crime of passion,” according to Tosta.

“Yeah, but I was upset right then and there... it’s when your blood boils,” Mayhew told the detective.

Mayhew explained his 911 call during a Nov. 21, 2016, interview at the Turlock Police Department. He also told the detective he reported to his wireless provider that his cell phone was missing and used the Find My iPhone app to erase the data.

“He was concerned about the (phone’s) contents, incriminating contents ... specifically the text messages,” Tosta said on the witness stand.

The detective testified that Mayhew had sent text messages saying he was “going to kill people that he found in his house.”

Mayhew explained to Tosta “I was just pissed that scumbags are coming into my house and taking things that can absolutely kill people,” according to the detective.

Facebook warrant

Police obtained a search warrant to view Mayhew’s posts and messages on his Facebook account. On the day after the reported Oct. 25, 2016, burglary, Mayhew said on Facebook that one of his friends broke into his home.

Mayhew also said on Facebook “Now, I have to hunt them down and eliminate the bastards or bastards,” according to Tosta.

The detective testified that Mayhew said on Facebook that there wasn’t anything of value left in his home, except for a gun in a case on his bed. Mayhew also said “I know exactly who it was, and I will remedy the situation before Christmas,” Tosta said about what Mayhew said on Facebook days before Gastelo was shot to death at the defendant’s home.

Tosta said in court he had a hunch Gastelo was not armed during confrontation with Mayhew, so on Nov. 21, 2016, he asked the defendant if it was possible that Gastelo was holding a flashlight Mayhew had mistaken for a knife.

The defendant told the detective that it was possible he had mistaken a flashlight for a knife, before saying “Yeah, it was a flashlight,” according to Tosta. A flashlight was never found at the home; investigators didn’t believe there was a flashlight.

“I just made it up to see if he would alter his statement, and he did,” Tosta said on the witness stand.

DNA analysis

Throughout questioning, Mayhew maintained that Gastelo had a knife in his hand. He never said Gastelo grabbed a knife. Investigators found a knife in the kitchen, and it was sent to the state Department of Justice for DNA analysis.

Tosta testified that DNA traces found on the knife’s handle matched Mayhew, and the DNA traces didn’t match Gastelo. The detective also said that there were some DNA found on the knife that didn’t not provide enough information to conduct an analysis.

Gastelo suffered six gunshot wounds, including three in his back. He died from blood loss.

Initially, Mayhew said he fired his gun while standing in his living room. Tosta said that didn’t match where the shell casings were found, closer to the back of the house, so he asked Mayhew about that during the Nov. 21. 2016, interview.

That interview was the first time Mayhew admitted that he advanced as he fired a second series of shots at Gastelo, Tosta said in court. Mayhew said several times during the interview that he was concerned his statements didn’t match where the shell casings were found, according to the detective.

Mayhew also told the detective that he shot Gastelo through screen on a window at the back of the house. Police found Gastelo in the home’s back yard.

“He was in fear, (Mayhew) said, that Juy Gastelo was reaching for a rifle, or somebody else was outside,” Tosta said about the defendant.

Investigators did not find any guns in the back yard, but they did find a skateboard they believe Gastelo had when he jumped over a fence into Mayhew’s back yard.