Ruling announced for judge’s son accused of murder and shooting at sheriff’s deputies

A Stanislaus County judge on Tuesday ordered a Turlock man to stand trial on murder charges in the shooting of an intruder in his home and three counts of attempted murder in connection with a pursuit that ended in Merced County.

Kevin William Mayhew shot Juy Anthony Gastelo on Oct. 31, 2016, when Gastelo broke into Mayhew’s home. Authorities say Mayhew fired seven shots at Gastelo, hitting him six times, including three times in the back. Gastelo, 30, died from blood loss.

When authorities investigating Gastelo’s death searched Mayhew’s home five months later, Mayhew reportedly drove away and started a 44-mile pursuit that lasted about an hour.

Mayhew is accused of nearly running over a Merced police officer who deployed spike strips to stop the defendant’s car. Mayhew also is accused of firing an assault rifle at two Merced County sheriff’s deputies at the end of the chase.

The defendant — the son of retired Stanislaus County Judge William Mayhew — has chosen to act as his own attorney in the preliminary hearing. Defense attorney John Hillenbrand has assisted Mayhew.

The deadly shooting occurred at Mayhew’s home on North Thor Street in Turlock. Mayhew told investigators he had been living at his parents’ home, about two miles away, and using the Thor Street home as storage space.

Mayhew told investigators that he was asleep and awoke to a noise from a kitchen window at the back of the house. He then saw Gastelo holding a knife and standing several feet from him. Mayhew said he fired two shots at Gastelo. The defendant said he followed Gastelo, who was retreating, as he fired a few more shots at the man.

Superior Court Judge Robert Westbrook on Tuesday morning said there was sufficient evidence for Mayhew, 42, to stand trial on the murder charge and the three counts of attempted murder for the March 2017 confrontation with authorities in Merced County. Mayhew also will face a charge of evading police.

The evidence indicated that Gastelo climbed over a backyard fence and entered Mayhew’s home through a window. The judge said burglary is a serious crime, because of the potential for violence and death. Westbrook said Gastelo must have been aware of that danger.

“Every burglar accepts this risk when they enter a home unlawfully,” Westbrook said in court.

Residents under the law have a reasonable right to security and privacy in their own home, according to the judge. But Westbrook also said that is not a qualified right; it’s a presumption that can be overcome by evidence. He said it’s a narrow distinction.

But there was sufficient evidence presented for probable cause that Mayhew fired his gun in an offensive manner, not defensive, according to Westbrook.

The judge said that’s why he decided to order Mayhew to face an enhancement to the murder charge, which alleges he killed Gastelo while waiting to “ambush” anyone who entered the home.

Last week, the prosecutor argued that Mayhew was angry someone burglarized his home a few days earlier. Deputy District Attorney Michael Houston said Mayhew was hiding behind a box as he sat on a living room couch, armed with a handgun and two knives.

Houston also said Mayhew remotely erased data on his cell phone, seized by police as evidence, because he didn’t want law enforcement to see that he wrote text messages telling others that he was going to kill any intruders he found in his house.

Mayhew, who questioned witnesses during four days of testimony, argued that everyone has a right to security in their own locked home. The defendant said he couldn’t have known that someone would break into his home that afternoon.

Tampering with evidence

The judge, however, considered in his decision Mayhew’s admission to police that he tampered with evidence to erase the text messages on his phone. Westbrook also considered Mayhew’s comments on Facebook, where he indicated that he would “remedy” the burglaries at his home.

In response to a reported Oct. 25, 2016, burglary Mayhew said on Facebook “Now, I have to hunt them down and eliminate the bastard or bastards,” according to Turlock police Detective Jason Tosta.

The judge also took into account Mayhew’s misleading and false statements to investigators about the shooting and his employment. Tosta testified that Mayhew initially lied about only firing the gun while standing in his living room, and he lied about working as a private military contractor and a security guard for a TV commercial celebrity.

Mayhew also must stand trial charged with felony insurance fraud for falsely reporting firearms were stolen from his home. He filed insurance claims for the guns for policies he had with the National Rifle Association and State Farm.

The defendant on Oct. 25, 2016, reported his Thor Street home had been burglarized of items including 15 rifles, three handguns and a shotgun. None of the guns had actually been stolen; all were recovered, most of them from his vehicle following the shootout in Merced County, according to a filed arrest affidavit.

Westbrook told Mayhew that can he challenge his ruling in Superior Court or the state Courts of Appeal if he chooses. Mayhew was ordered to remain in the Stanislaus County Jail as he awaits trial.

The judge scheduled the defendant to return to court April 9 for an arraignment hearing.

This story was originally published March 26, 2019 at 2:55 PM.