Lovejoy and McDavid guilty of attempted murder

Defense story was too far-fetched, says juror

Local tv stations in San Diego live-streamed Lovejoy's spectacle.
  • Local tv stations in San Diego live-streamed Lovejoy's spectacle.

After half a day of deliberations, a jury declared both Diana Jean Lovejoy, 45, and Weldon Kermit McDavid Jr., 50, guilty of the attempted murder of her husband, Greg Mulvhill, 47, during a bitter divorce battle. The verdicts were read mid-day today Monday, November 13.

The verdicts for Lovejoy were read first, after which she swooned in her seat and her head fell forward onto the wooden defense table with a loud clunk. Deputies rushed to hold her up while Lovejoy’s sister in the gallery yelled out, “Help her! Help her!” When a bailiff said, “Paramedics are on the way,” the sister demanded, “Where are they?”

A Vista fire truck soon pulled up, and emergency personnel hurried into the courtroom. San Diego TV-news stations live-streamed footage of Diana Lovejoy coming out the doors of the courthouse, handcuffed to a gurney. A sheriff’s patrol car escorted the ambulance to the hospital.

The same judge who heard trial, Sim von Kalinowski, will pronounce sentence in December.

The same judge who heard trial, Sim von Kalinowski, will pronounce sentence in December.

Judge Sim von Kalinowski cleared the courtroom briefly and then the reading of verdicts for McDavid resumed. The former Marine held his head in his hands and wept. He turned to mouth, “I’m sorry” to his wife and mother, who were seated in the courtroom. Both Mrs. McDavids were stoic and silent.

Prosecutor Jodi Breton said that Lovejoy faces 25 years to life for conspiracy and attempted murder with premeditation. McDavid faces 50 years to life; he was convicted of the same charges, plus personally discharging a firearm and personally inflicting great bodily injury on Mulvihill.

Prosecutor Jodi Breton said both defendants face life in prison.

Prosecutor Jodi Breton said both defendants face life in prison.

The national TV show Dateline had a video crew in the courtroom every day of the trial. Producers for parent company NBC were seen arranging interviews with attorneys and jurors after the verdict.

Several jurors spoke to news media after the trial. They said they found the “defense was too far-fetched.” They did not believe McDavid’s testimony that he missed shooting at the light: “No, they kept pressing on what a good shot he was.” A juror said of McDavid, “I just think he was cocky.”

Jurors were impressed by the testimony of a Carlsbad policeman: “Sergeant White said he didn’t miss. He was aiming center-mass, but he moved.” Sgt. White gave his opinion during trial that McDavid was shooting to kill Mulvihill but his target turned to flee and the bullet entered his side.

One juror said she believed Lovejoy’s motives were that she did not want to share custody of their son and didn’t want to give up $120,000 to her husband in the divorce settlement.

Both defendants are now held without bail. They are set to be sentenced on December 12, by the same judge who heard their trial, in San Diego’s North County superior courthouse in Vista.

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There was little chance that they would not have been convicted. The defense had to try as it only takes one juror to set them free or force a retrial.

This was a story of extreme stupidity. Two adults now have their lives cut short, and likely will never enjoy freedom again. Her fainting was a rational thing, given that she just got the news that will put her in a prison cell in Chowchilla or some other fun spot for many, many years. Jurors were quoted after court ended, and commented on the unbelievable testimony of McDavid.

what was the reason behind the divorce? Why was it so hateful?

The private defense attorney retained for Diana Lovejoy stated that he expects an appeal will be filed on her behalf, after her sentencing date in December. Bradley Patton said that normal legal protocol would be for appeal paperwork to be filed within 60 days of Lovejoy’s sentencing; but Patton does not “do appellate work,” so that appeal would be handled by a different attorney. Patton further opined that it could take an appellate court more than a year to rule on appellate objections, these might include critique of judge’s rulings or juror behavior.

Good ol' Brad wins some and also loses some. McDavid's attorney was grasping at straws. While it is never a sure thing, this case doesn't look as if it offers up much in grounds for appeal.

Almost all murder convictions and appealed. It is pro forma for an appellant attorney to go through the motions of filing an appeal. It is akin to throwing
- - - - at the wall and see what sticks.

People who need a divorce should have not been fools into getting married. They take their own blame and financial losses. Murder is not an option. Just move on stupid.

Just more proof that you can't fix stupid.

Eva, thank you for the story and the follow-up on their conviction.

I had no doubt they would both be convicted. This conspiracy was a foolish plan and doomed to have no rational defense. Patton is a talented and respected attorney, one of the best practicing in the North County Courthouse.

But the money is gone and the appeals will drag out. I doubt there could be any claim of jury misconduct; they deliberated for only a few hours. Cases where the jury is unanimous so quickly are pretty much open and shut - there’s little wiggle room for a charge of misconduct and there also seems to be no technicalities to question.

Lovejoy was an attractive, athletic (triathlete) with good education and career. A great life was ahead of her. But her anger at having to share custody and pay her husband a divorce settlement led her mind to travel to dark places. Even with high achievers, high functioning individuals, there may lurk a sociopath. They sometimes feel they are too smart to get caught. What a sloppy attempt at a contract murder, even without a lot of the evidence, I really believe they could have been convicted on far less, even circumstantial evidence. Who else would have the motive and means to do what those two did?

I understand the family is blaming the aunt for testifying. I sure they blame the ex husband too. Probably find ways in their mind to justify this terrible woman's behavior. People like that are never wrong. my opinion

Then the aunt is a rational, emotionally mature adult and the other supporting kinfolk are in denial.

Let me guess that this is what filled the evening news on television during recent weeks. A domestic squabble at a time when our government is killing civilians around the world and threatening nuclear war. When millions are starving and homeless across the planet and in our city. When our neighbors can't name their council representative or explain what he/she is doing. Priorities have become badly distorted.

I'm glad I parted with my TV in the last century. The internet allows me to filter this sensational fake news.

Swell, she is a blond! (Or was before a year in jail washed out the peroxide revealing a dirty blond).

The media always seems to go out of their way to cover an attractive, young, white woman. If she were a Mexican or Black, she would never hit the wire. But a "Kristin Rossum" (the American Beauty murder) and others who are featured on Nancy Grace, Dr. Phil and all that drivel in the video media landfill, make headlines because they are young and blond.

You weren't implying that we would have had no local coverage of this case, I know. And since I watch no TV to speak of, wasn't aware that it was getting national notice. You are absolutely right that the TV coverage was there in the main because she is attractive. One reason I regret the decline of the newspaper is that if most voters rely on TV for their news, we are sunk. The TV networks cannot and will not even try to report news that doesn't fit their narrow template.

Oh yes! If it is on the internet it must be true.

You guys are the best. You make the world a bit more interesting.

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