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.
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.
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.